The Legal and Historical Context of Israel’s Sovereignty Over the West Bank and East Jerusalem

In recent years, the question of whether Israel has the right to control the West Bank and East Jerusalem has been a subject of significant debate and conflict. This article will explore the legal and historical context that supports Israel's sovereignty over these territories, drawing on key international agreements and historical events.

The San Remo Conference and the British Mandate

The legal foundation for Israel’s control over the West Bank and East Jerusalem can be traced back to the San Remo Conference held in 1920. At this conference, the Allied Powers (particularly Britain and France) decided to create spheres of influence in the former Ottoman Empire. The area that would later become known as Mandatory Palestine was designated as the homeland for the Jewish people. These decisions were unanimously endorsed by the League of Nations (LON) in the 1922 League of Nations Mandate for Palestine.

The LON was responsible for overseeing the mandates, and it was under the British Mandate for Palestine that the region was divided into a Jewish west and an Arab east of the Jordan River. The area east of the Jordan River, known as Transjordan, was later granted independence and became the Kingdom of Jordan. The legal status of the areas west of the Jordan River, however, was never fully resolved, leaving a complicated and contested legacy.

International Resolutions and Legal Precedents

The 1947 United Nations Partition Plan was a proposal by the UN General Assembly (UNGA) to divide Mandatory Palestine into Jewish and Arab states. While the Jewish leadership accepted the plan, the Arab leadership rejected it. Nevertheless, the San Remo resolutions of 1920 have persisted as a legally binding document, according to many legal scholars and experts.

The argument for Israel's sovereignty is further bolstered by international laws and treaties. The Peace Agreement between Israel and Jordan, signed in 1994, established the international border between the two countries, which essentially follows the Jordan River. This agreement, by international law, solidifies Israel's sovereignty over the territories west of the Jordan River, including Jerusalem.

The Oslo Accords and Modern Developments

The Oslo Accords, signed in 1993, granted limited autonomy to the Palestinian Authority (PA) in parts of the West Bank and Gaza Strip. The Oslo Accords divided the territories into three main zones:

Area A: Areas under full control of the Palestinian Authority. Area B: Areas under Palestinian civil control, but subject to joint Israeli-Palestinian military control. Area C: Areas under full Israeli control.

While the Oslo Accords were an important step in the peace process, they do not confer independent sovereignty to the Palestinian Authority, and many of the rights and freedoms granted under these accords have faced challenges over time.

Conclusion

The legal and historical context supporting Israel's sovereignty over the West Bank and East Jerusalem is complex but well-documented. The decisions made at the San Remo Conference, the British Mandate, international laws, and agreements such as the Peace Agreement with Jordan provide a strong foundation for Israel’s claim. Whether one agrees with the political and moral ramifications of these claims is a subject of intense debate, but the legal basis is clear and well-established.