Israel's Legal Right to Judea and Samaria

Dr. Joseph Frager,

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Dr. Joseph Frager
The writer is a leading American pro-Israel activist who sponsors and coordinates many Zionist events. He is clinical Assistant Professor, Department of Medicine (Gastroenterology & Liver Diseases) at the Einstein School of Medicine as well as a practicing physician.

I am not a lawyer but I have been involved in protecting and securing Judea and Samaria for 30 years. I also am proud of the fact that I and my younger brother helped build the very first New Town of Judea and Samaria-Ofra in 1975.

I am also extremely fortunate to be part of Ateret Cohanim since 1985. I have seen the desert bloom and the Hills come to Life. After one of the all time greatest and most miraculous Wars in the History Books-The Six Day War of 1967, many have tried to chip away at Israel's Legal Right to Judea and Samaria.

The United Nations Resolution 242 written by Arthur Goldberg gave a great deal of room for Israel's Legal Basis for keeping the Lands it was originally promised by the League of Nations in 1922 ( which is still binding even today) and which was reacquired in a Defensive War of 1967. As the PLO prepares for its Legal attack at the Hague it is time to highlight some key points. This article is by no means an exhaustive analysis of Israel's Legal Right to Judea and Samaria. It is an attempt to bring some clarity to the subject. To start with, the former President of the International Court at the Hague, Stephen Schwebel stated in no uncertain terms that "a country acting in self defense may seize and occupy territory when necessary to protect itself".

Israel will have no trouble defending the fact that the 1967 War was Defensive. Eugene Roskow a former Under Secretary of State for Political Affairs in the Johnson Administration stated that, "Resolution 242 gave Israel a Legal Right to be in Judea and Samaria". President Johnson himself instructed the US Joint Chiefs of Staff to prepare a map of the "territories" that they believed Israel would require"in perpetuity" to ensure its ability to defend itself.

President Gerald Ford in a letter to Yitzchak Rabin stated that the United States "will give great weight to Israel's position that any peace agreement with Syria will be predicated on Israel remaining on the Golan Heights". He also referred to Judea and Samaria as "Judea and Samaria" and not as the "West Bank" President Ford had accepted my invitation to speak in honor of Israel's 25th anniversary of the Re-Unification of Jerusalem in 1992 for American Friends of Ateret Cohanim.

He backed out at the last minute because of health concerns. President George W. Bush in a letter to Prime Minister Ariel Sharon allowed for "sustained natural growth" construction in Jewish Communities in Judea and Samaria and future Israeli Sovereignty over "Settlement Blocs" in Judea and Samaria. The Levy Report officially called the "Report on the Legal Status of Building in Judea and Samaria" published on July 9, 2012 and written by former Supreme Court Justice Edmund Levy, former Ambassador Alan Baker and former Deputy President of the Tel Aviv District Court Tchia Shapira should be the final word on the subject.

President Obama and his Administration have done everything they can to discredit and deligitimize Israel's Legal and binding Rights to Judea and Samaria. These Rights are inviolate and inalienable and will hold up in any court of law.The President would do well to cease and desist from his latest tirade against the State of Israel.