"I take strong issue with your sentence, “Israel captured the West Bank, the Gaza Strip and east Jerusalem in the 1967 Mideast war, territories the Palestinians want for a future state.” Using the term “captured” rather than “occupied” may mislead the reader into thinking that Israel has a strong claim to, or ownership of, these Palestinian territories. Nevertheless, such usage runs directly counter 1) to how international law views the military seizure of territory, 2) to how the international diplomatic community currently views Israel’s presence in the Palestinian territories, and 3) to how both words are understood in plain English."
July 4, 2024
To:
Julia Frankel, Reporter, Associated Press
Josef Federman, Josef Federman - News Director - The Associated Press
Dear Ms. Frankel, Mr. Federman,
There is much that I appreciated about Ms. Frankel’s article about illegal Israeli land seizures in the West Bank entitle, “Israel turbocharges West Bank settlement expansion with largest land grab in decades.” Her article made clear how Israel’s right-wing government is rabid in its attempt to unlawfully seize Palestinian land, dispossess and oppress Palestinians, and scorn international reprobation. I also took note of the fact that Frankel’s opening paragraph refers to the “occupied” West Bank – an important evolution in the AP’s coverage.
Nevertheless, I take strong issue with your sentence, “Israel captured the West Bank, the Gaza Strip and east Jerusalem in the 1967 Mideast war, territories the Palestinians want for a future state.” Using the term “captured” rather than “occupied” may mislead the reader into thinking that Israel has a strong claim to, or ownership of, these Palestinian territories. Nevertheless, such usage runs directly counter 1) to how international law views the military seizure of territory, 2) to how the international diplomatic community currently views Israel’s presence in the Palestinian territories, and 3) to how both words are understood in plain English.
The UN Charter specifically outlaws the acquisition of territory by force.[1] As such, according to numerous legal interpretations, there is no concept of legal “capture” of sovereign territory. In International Law: A Treatise, Lassa Oppenheim illustrates the five recognized modes of acquiring state territory, namely: cession, occupation, accretion, subjugation, and prescription.[2] These five modes have been incorporated into common international law (e.g. The Acquisition of Territory in International Law, by Robert Jennings[3]) and by the ICJ in particular.)
The UN also Charter provides no avenue for a country to violate or infringe on the territorial integrity of another country. Specifically, the UN Charter states that “all Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state.”[4] In a legal opinion issued by the International Court of Justice concerning the legal consequences of the construction of the barrier wall in the occupied Palestinian territories, the Court affirms the applicability of Article 2, Section 4 of the UN Charter regarding the “illegality of territorial acquisition resulting from the use of force.”[5]
You yourself speak of the West Bank as “occupied” in the first paragraph, and as such, the language in the subsequent contextual paragraph should use similar language.
Should you wish to discuss further, you can reach me at 1-438-380-5410.
Sincerely,
Thomas Woodley, MPA
President, Canadians for Justice and Peace in the Middle East
[1] “UN Charter,” Article 2.4, The United Nations. 26 Jun. 1945. Web. 27 Jul. 2016. http://www.un.org/en/sections/un-charter/un-charter-full-text/index.html
[2] Oppenheim, Lassa Francis. International Law: A Treatise. Second Edition. London: Longmans, Green and Co, 1912. Project Gutenberg. http://www.gutenberg.org/files/41046/41046-h/41046-h.htm
[3] Jennings, Robert. The Acquisition of Territory in International Law. Manchester: Manchester University Press, 1963. Google Books. https://books.google.ca/books?id=NhfpAAAAIAAJ&lpg=PA52&ots=vr2WnyVsPK&dq=robert%20jennings%20the%20acquisition%20of%20territory%20in%20international%20law&pg=PA37#v=onepage&q&f=false
[4] “UN Charter,” Article 2.4, The United Nations. 26 Jun. 1945. Web. 27 Jul. 2016. http://www.un.org/en/sections/un-charter/un-charter-full-text/index.html
[5] “Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory” International Court of Justice. 9 Jul. 2004. Web. 27 Jul. 2016. <http://www.icj-cij.org/docket/files/131/1677.pdf>