Can Israeli Settlements be illegal?

Christian Zionists, as well as religious Zionists in Israel and throughout the world, believe that Jewish people have an absolute entitlement to the lands of Israel including the occupied territories (OPT).

They claim that this fact is unambiguously stated in the Bible and can be seen to be so by anyone who bothers to take the time to read the Old Testament scriptures. They believe this fact is so clearly and obviously proclaimed that it is indeed a dividing line between those who honour God’s word and those who don’t.

Anyone declaring that the Israeli settlements are illegal, no matter what legal arguments are used to defend such a position, are denounced as being in league with Satan. The very concept of illegal Israeli settlements in the West Bank, Gaza or the Golan Heights is a contradiction in terms. The recent denial of the illegal status of Israeli settlements in the OPT by the current US administration has been met with rapturous approval by Christian Zionists the world over. This would be seen as further proof, as if any were needed, that the US is indeed God’s instrument on Earth in worldly affairs.

Any protests against Israeli settlements are met with accusations of anti-Semitism and racism against Jews. The spectre of Nazi Germany is quickly invoked to demonise anyone even thinking about Palestinian rights. Palestinians rights are the rights of the devil!

I well remember once telling an avid Christian supporter of Israel that Palestinian Christians didn’t share his view of Zionist entitlement. His only answer was a sarcastic, “Have they read their Bible?”

A “no concession” policy is rigorously held to by Christian Zionists when it comes to any type of negotiations with Palestinians. After all, you don’t negotiate with the devil!

But the simple fact remains that the settlements ARE illegal under the clear and reasonable demands of International Law, and the concept of illegal Israeli settlements, within the bounds of what is considered “the promised land”, is completely compatible with scripture and the justice and mercy of God as revealed in both Testaments of the Bible. I believe it is not only compatible with, but is indeed demanded by those same scriptures, from Genesis to Revelation.

My defence of this position is based on a two-pronged argument:

The Bible does not teach that Jewish people, simply by virtue of their Jewishness, have an absolute and unconditional entitlement to the “Promised Land”. Jewish occupation of the land can indeed be illegitimate in God’s eyes.

International Law on this issue is completely compatible with God’s will for how nations should deal with each other and hence it’s clear dictates need to be respected by ALL Christians who claim to believe in the rule of law.

I will start with a defence of point one.

From the very first instances in scripture, when God promised the Land of Canaan to Abraham and his descendants, we see that the relationship of the Promised Land (TPL) to the Jewish people was conditional. God delayed Abraham’s taking of TPL by some hundreds of years so as to make sure that no injustice was done to the people then occupying the land. It was not until God judged the people in the land as being guilty of innumerable sins and hence needing to be justly removed from the land that Abraham’s descendants were allowed to enter TPL.

But even then, as the scriptures clearly tell us, there was no unconditional entitlement of Jews to enter the land. We see that even Moses, hardly a more prominent Jewish person could there have been, was not allowed to enter TPL. The most obvious question to be asked is, “Why wasn’t he allowed to enter?” Even a cursory glance at the text shows that it was his behaviour that was the key reason that he was barred from entering TPL, and this provides us with the basis for the whole concept of the totally conditional nature of the Jewish people’s relationship to the land.

God indeed made a covenant with the Jewish people in that the only way that they could legitimately enter and occupy the land was that they faithfully obey the commands of God. Many of these commands relate to how they treat non-Jews living in the land with them. The punishment for disobedience with regards to this issue was expulsion from the land.

Every orthodox Jew in history will tell you that the occupation of the land for Jews is tied up with the concepts of redemption and exile. Jews are currently in a state of exile and are therefore forbidden to try and take control of the land. No Jewish Rabbi anywhere in the world would dare declare that the exile is over! So, if that be true, how is it that the State of Israel is in existence with half the world’s Jews living there?

The answer is that the responsibility for the creation of the State of Israel was in the hands of Zionists, not Jews who were faithful to the Torah and its traditional teachings about exile, redemption and the coming of the Messiah. Orthodox Judaism had taken oaths, as far back as 130 AD, to never even try and take TPL even if all the rulers of the Earth commanded it, even if the land itself was empty, even if it did not involve any kind of violence whatsoever.

Exile was a spiritual problem and required a spiritual, not military or even diplomatic, solution.

Scripture clearly relates that the Jewish people are God’s tenants, not landlords in TPL. If they do not obey God’s covenant with them, they will be expelled from the land, just like any other nation or people that defiled the land. Their Jewishness would not confer any special privileges for them if they were disobedient. If anything, it made them more accountable. God’s covenant with Abraham would not mean that they could unconditionally enter and occupy the land. Being in exile would not, however, make the covenant with Abraham void. This covenant was still in operation regardless of whether the Jewish people were in exile or not. Exile came when the Mosaic covenant was broken by the Jewish people while in the land. The Mosaic covenant could be broken but the covenant of God with Abraham could not. God would never give up on the Jewish people no matter how many times He had to cast them from the land. Orthodox Jewish tradition holds that this expulsion has already occurred twice. The end of the current exile will be heralded by the miraculous coming of the Messiah and not before. This event will come in God’s sovereign time.

God’s command that Jews treat the “alien”, (non-Jew) in the land fairly and justly and as an equal, stems from the fact that when Israel was in bondage as slaves to Egypt, God stood up for them against the oppressor and gave them freedom. In scripture God continually reminds the Jews to remember how they were slaves in Egypt and in doing so therefore do not oppress the non-Jews living amongst them. Failure to do this would bring consequences to the Jews almost too horrible to think of!

So, the question can legitimately be asked, “Is the Zionist regime in Israel legitimately occupying TPL?” The simple fact of their confessed Jewishness is not sufficient, regardless of any claims about fulfilled prophecy. End times prophecy can never be twisted in such a way so as to negate the righteous demands of God for the descendants of Abraham to live up to their obligations to God with regards to their relationship to the land. A secular Zionist state does not get a free pass any more than Moses did!

I will now move on to my second point:

The basis of the United Nations Charter and International Law with regards to how nations should deal with one another is grounded in the desire to avoid violent conflict and oppression by powerful nations over less powerful nations. This is clearly stated in the concept of the inadmissibility of the acquisition of territory by means of force. This acquisition of territory in order to gain access to living space, resources or anything else by force is seen as the main motivation for armed conflict in our world. Making this type of acquisition of land illegal, by any nation, is a clear a deterrent for conflict between nations by removing the legitimacy of the very motivation for conflict.

This is obviously a good idea, and I see nothing in this that is somehow innately anti-Semitic or against God’s word. Whether or not this concept has been applied fairly and consistently is another matter entirely.

We need to remember that all members of the United Nations must sign on to this principal. Australia, the US, Israel, Canada and the UK have all signed on to this principal as a matter of law.

In 1947, the United Nations created a partition plan that gave the Zionists 55% of historic Palestine for the creation of a Jewish state and 45% of the land to the Arabs for the creation of a Palestinian state. The Zionists accepted this plan. The current regions known as Gaza, the West Bank and the Golan Heights were not part of the land that was given to the Zionists in the 1947 partition plan. These regions are currently under Israeli control since they entered these areas by force in 1967. As such they are under Israeli military occupation.

The validity or fairness of this partition plan will not be dealt with here. At this stage it suffices to say that the Zionist State is in control of lands that it acquired by means of military force and is holding onto these regions by military force as well, despite the fact that International Law and UN Resolutions have demanded Israel’s ending of the occupation way back in 1967.

The Fourth Geneva Convention, of which all member states of the United Nations must sign on to, clearly states that no occupying power may transfer any of its population into the areas being occupied. Israel has clearly been in breach of this since 1967 when it started building Israeli only settlements in both the West bank and Gaza. It entices Israeli citizens to come and live in the OPT with significant financial incentives. These settlements are fully integrated into the rest of the state of Israel via Israeli only highways that connect the settlements back to greater Israel. Palestinians are forbidden to travel on these roadways.

The Israeli government rejects this judgement based on the fact that they do not consider the OPT to be occupied and hence International Law does not apply. This idea is based on the fact that the West Bank and Gaza had no official governance at the time of the 1967 War and so International Law does not apply.

This judgement has been rejected by the entire international community. The issue of governance is not the point. The fact is that Israel has gained access to territory by means of force. This territory was not granted to any Israeli government in the 1947 partition plan that the Zionists did agree with. That territory was inhabited by a people who did not identify as Jewish and hence are not represented by any Zionist government.

The Israeli settlements in the West Bank have been judged as illegal right from the start and this decision has been reviewed and verified on numerous occasions since then by the best legal minds in the world. This judgement is firmly based in International Law.

From the above we can see that the Israeli settlements are clearly in breach of International Law and that International Law in this particular context is neither anti-Semitic or un-Biblical.

It is possible, and I would say, highly likely, that God respects and agrees with the judgement that the Israeli settlements in the West Bank are illegal.

CRAIG NIELSEN

December 2019 - Article Source