Leonard Grunstein, retired attorney and banker, founded and served as Chairman of Metropolitan National Bank and then Israel Discount Bank of NY. He founded Project Ezrah and serves on the Board of Bernard Revel at Yeshiva Univ. and the AIPAC National Council. He is the co-author of Because It’s Just and Right: The Untold Back-Story of the U.S. Recognition of Jerusalem as the Capital of Israel and Moving the U.S. Embassy to Jerusalem.
Definition: In politics and economics, a Potemkin village is a construction (literal or figurative) whose purpose is to provide an false external façade to a situation.
When Genocidal Hamas invaded Israel on October 7, 2023 and committed rapes, kidnappings, sadistic murders and atrocities, Gaza was not occupied by Israel as a matter of law or fact.
Israel fully withdrew from Gaza in 2005, including removing any military presence and all Israeli residents. Moreover, the records of the United Nations (UN) reflect that any occupation ended in 1994 and thereafter the Palestinian Authority (PA) era began, as acknowledged and agreed to by the PA, including in a 2010 UN sponsored Agreement.
President George W. Bush provided Israel with a number of substantive assurances, as an inducement for Israel to proceed with withdrawing from Gaza. The agreement is summarized in President Bush’s Letter to Israeli Prime Minister Sharon, dated April 14, 2004 and includes the following critical provisions:
- -Palestinian Arabs must undertake an immediate cessation of armed activity and all acts of violence against Israelis anywhere, and all official Palestinian institutions must end incitement against Israel.
- -The Palestinian Arab leadership must act decisively against terror, including sustained, targeted, and effective operations to stop terrorism and dismantle terrorist capabilities and infrastructure.
- -The US reaffirmed its commitment to Israel's security, including secure, defensible borders, and to preserve and strengthen Israel's capability to deter and defend itself, by itself, against any threat or possible combination of threats.
- -Israel retains its right to defend itself against terrorism, including proactively against terrorist organizations. Existing arrangements regarding control of airspace, territorial waters and land passages of Gaza are to continue.
- -There was no right of return to Israel for the resolution of any Palestinian Arab refugee issue, which could only ultimately be solved by settling in the PA governed areas.
- -The US restated its strong commitment to Israel security and well being as a Jewsih state.
- -Israel must have secure and recognized borders, which should emerge from negotiations between the parties in accordance with UNSC Resolutions 242 and 338 and no requirement that Israel return to the armistice lines of 1949.
Bad faith and Ulterior Motives
The exchange of letters between President Bush and Prime Minister Sharon is not just an ordinary executive agreement. This is because it was, in effect, ratified by a Senate resolution passed nearly unanimously (95-3, with 2 not present) endorsing the agreement, as recorded in the Senate Congressional Record (Vol. 150, N0. 89, dated June 24, 2004). Thus, it is arguably not just a binding agreement under international law, but also US law, pursuant Article II, Section 2 of the US Constitution.
While President Bush and Prime Minister Sharon were well-meaning and had the best of intentions and Sharon actually effectuated the proposed Disengagement Plan in 2005, the stark reality of the bad faith and ulterior motives of the PA and Hamas, as well as, the overt genocidal program of Hamas intervened to cause the Plan to be an abject failure.
To put this in perspective, Hamas defeated Mahmoud Abbas’ Fatah party in the 2006 PA Parliamentary elections, but Abbas maneuvered to retain power. A civil war ensued with Hamas seizing power from the PA in Gaza in 2007 and Abbas retaining control of the PA governed areas in Judea and Samaria.
Hamas then established Gaza as an armed camp in violation of the Oslo Accords and the 2005 Disengagement Agreement. It has regularly and illegally attacked Israel, forcing Israel to defend itself in a number of defensive wars, including in 2008, 2012 and 2014, as well as, most recently, the ongoing war begun by Hamas’ invasion of Israel on October 7th.
Hamas is rightly designated as a terrorist organization by many countries, including the US where it is designated as a Foreign Terrorist Organization (FTO). Under US law, it is prohibited to provide Hamas with material support or resources (18 USC 2339).
Hamas’ avowed goal, enshrined in its Charter, is to destroy Israel. It also espouses antisemitic and genocidal doctrines directed against the Jews. Moral clarity demands Hamas’ atrocities can't be justified or excused. The baseless pretext it invoked of the so-called ‘occupation’ is just another canard.
The Occupation Canard
The foundational definition of the term occupation under International Law is embodied in the Hague Convention. It provides that a territory is only considered occupied when it is actually placed under the authority of a hostile army. As a threshold matter, the military forces of the conquered territory must have surrendered, been defeated or withdrawn. It also requires (1) a military presence in the occupied territory; and (2) exercising governmental authority over the area conquered, to the exclusion of the established civil government.
Unless all of these criteria are satisfied, there is no occupation, as a matter of law. Merely having the potential to invade and control a territory, not coupled with an actual presence and effective control, is insufficient.
Gaza was a part of the original area referred to as the Palestine Mandate, which was conquered by Egypt, in the 1948 war, which Egypt and other Arab nations commenced to prevent the re-emergence of the modern Jewish State of Israel. Gaza was re-conquered by Israel from Egypt in the 1967 defensive war and administered it until governmental authority was transferred to the PA, in 1994, under the Gaza-Jericho Agreement.
Under the Oslo II Agreement and 2005 Disengagement Agreement, Israel obtained certain rights to patrol Gaza’s coastal waters and air space, which do not constitute effective governmental control over Gaza. This was intended to enable Israel to interdict illegal weapons deliveries to Gaza, which are expressly prohibited under these Agreements.
In reflecting on theses circumstances in 2008, the Israeli Supreme Court in the Al-Bassiouni case held there was no occupation by Israel of Gaza, under International Law.
The European Court of Human Rights, in 2015, ruled control of the airspace above a territory and the adjacent sea was insufficient to constitute an occupation under International Law, noting that occupation is inconceivable without “boots on the ground”.
Peace should have been achieved when Israel withdrew from Gaza, in 2005.
As the wise Charles Krauthammer, Z”L wrote, “…Israel evacuated Gaza completely. It declared the border between Israel and Gaza an international frontier. Gaza became the first independent Palestinian territory in history. Yet Gazans continued the war…Why? Because occupation was a mere excuse to persuade gullible and historically ignorant Westerners to support the Arab cause against Israel. The issue is, and has always been, Israel’s existence. That is what is at stake.”
The Resolution 1701 fiasco
In this regard, consider the futility of another well-intentioned peace plan in the area imposed by the UN Security Council (UNSC). Hezbollah, another US designated FTO, began a war against Israel in 2006. On August 11, 2006, the UNSC adopted Resolution 1701 requiring:
- -Full cessation of hostilities begun by Hezbollah and also cessation of military operations of Israel in response.
- -The Lebanese Army and the UN Interim Force in Lebanon (UNIFIL) to deploy their forces throughout the South of Lebanon and as that deployment begins, the IDF to withdraw its forces in parallel.
- -The Government of Lebanon to extend its control over the area and replace Hezbollah control.
- -Complete demilitarization south of the Litani River by Hezbollah and no armed groups in Lebanon other than its official army and UNIFIL.
- -No arms sales or supplies or related material in Lebanon except as authorized by its Government.
- -No foreign forces in Lebanon without consent of the Lebanese Government.
- -All States to take all necessary measures to prevent their nationals, which would include the Iranian regime and its IRGC, another FTO, from supplying weapons, ammunition, military equipment, etc. to Hezbollah or training or assistance in the use or manufacture of such prohibited items.
However, besides causing Israel to withdraw from South Lebanon, Resolution 1701 was not only an abject failure, Hezbollah has become an even more potent malign force. It is now armed with what is estimated to be over 100,000 missiles. As an IRGC proxy, it dutifully attacked Israel on October 8, 2023 and has continued its unprovoked war against Israel, causing enormous fires and damage in the Galilee region of Israel. It is reported that more than 80,000 Israelis have been displaced from their homes because of Hezbollah’s attacks.
The UN inspired peace plan is not just a failure; it is a fiasco.
Yet many at the UN are urging a similar model be applied to Gaza. It is not only the very definition of insanity; it is foolhardy. Much like the situation with Hezbollah, it is likely to make matters worse, not better. It is time to eschew fantasies and be realistic.
History and experience dictate that an immediate and full Israeli withdrawal from Gaza is not the answer.
*First and foremost, the evil that is Hamas must be defeated and the kidnapped hostages released.
*Fundamental changes must also occur in Gaza and the PA, including at a minimum fully honoring the Oslo Accords, ending ‘Pay to Slay’ and totally demilitarizing Gaza.
*A concerted effort must be made to restructure the educational system to eliminate antisemitism.
*UNRWA has no place in postwar Gaza and criminal wrongdoers must be brought to justice.
Trusted members of the Abraham Accords might be enlisted to assist in these efforts. Until then, there is every reason for Israel to demur, so as not to reward terrorism. Creating nothing more than another Potemkin facade of peace, masking another dysfunctional terror state, is not a solution. A phased withdrawal plan based on satisfaction of essential conditions over time makes more sense.
Enough with delusional so-called peace plans; Israel, the US and the world need real peace.
Let’s not repeat the same mistakes again and again. The Abraham Accords are a proven model of mutual success when Israel engages with parties genuinely dedicated to peace and prosperity. For there to be meaningful peace discussions in Gaza there must first emerge a new and trustworthy leadership proven to be willing and able to make a true and enduring peace agreement. The steps noted above are a just a part of that evolutionary process.
As for Hezbollah in South Lebanon, at a minimum, UNSC Resolution 1701 must be enforced against Hezbollah and Israel must be allowed to do what the UN has failed to accomplish. Hezbollah must also be totally defeated and the IRGC, another FTO, must be sanctioned and restrained by the US, EU and UN so that it cannot attack Israel or support Hezbollah’s attacks against Israel.
The malign activities of Hamas, Hezbollah, the IRGC and any other FTO’s must be stopped.
May G-d help us and may the tangible benefits of true shalom (peace, harmony and completeness) prevail.