Daily Israel Report

Tel Aviv Professor: No Such Thing As Occupation

Law Professor Talia Einhorn clams that all of Yesha (Judea, Samaria and Gaza) is not ‘occupied territory’ because it was never taken from any sovereign country.
First Publish: 3/18/2004, 5:35 PM / Last Update: 3/18/2004, 2:57 PM

“Judea, Samaria and Gaza are not ‘occupied territories’ according to international law due to the fact that they were not taken from any foreign sovereign,” says Law Professor Talia Einhorn, a senior member of the research faculty at Tel Aviv University and a Law professor at the Shaarei Mishpat College in Hod HaSharon.

Einhorn delivered her statements at a session entitled “U.S.-Israel Relations” at the Jerusalem Conference which concluded Wednesday. She declared: “It is important to remember and mention daily what Israel has already said for years, not only the government, but judicial experts – that Yesha [Judea, Samaria and Gaza], according to international law is not occupied territory.” Einhorn explained that when Israel won the Six-Day War, no foreign country had recognized sovereignty over the land that was liberated. Egypt claimed no sovereignty over Gaza, and when Jordan tried to assert sovereignty over Judea and Samaria in 1950, the only countries to recognize it were England and Pakistan – with England limiting its recognition to eastern Jerusalem, but not the expanses of land extending north and south of it.

“Their biggest opponents were in fact the Arab countries,” said Einhorn. She went on to say that the 1967 demarcation lines are in fact, according to international agreements, simply cease-fire lines that should never be considered political demarcations or national borders.

In the Encyclopedia of International Law, it is written that Israel was established without international borders. Israel’s only internationally recognized borders are with Jordan and Egypt, as a result of the peace agreements that were signed.

Calling Israel ‘Colonialist’ with the intention of deligitimization is very severe, Einhorn said, especially considering how specious the argument is. “The Land of Israel is our land. No other nation ever made Israel into its country.”

Einhorn reminded the attendees at the Jerusalem Conference that the biblical curse according to which Israel will remain desolate when controlled by foreigners unfolded throughout history as a reality. Einhorn pointed out that it is largely for this reason that no other nation ever claimed it, and “we must remember this.”

“Our enemies understand much better than we do, that the second we give into the lie that parts of Israel belong to others,” warned Einhorn, “that we will be left with Zionism without Zion.” “If you take away the Temple Mount, Jerusalem, Hevron [all part of lands in dispute today] – then we will actually turn into colonialists – because what [ancient] historical connection do we have to Tel Aviv?” concluded Einhorn.