Associated Press - Israeli
Prime Minister Benjamin Netanyahu has sparked a new diplomatic
brushfire by declaring that the Golan Heights, seized from Syria in the
1967 Mideast war, is and should remain "under Israel's sovereignty
permanently."
But
following tough international criticism, Israeli officials said
Netanyahu's statements had been misconstrued and that a 1981 decision to
apply Israeli law to the strategic plateau fell short of annexation.
The
debate offers a window into a more nuanced Israeli perspective that,
despite statements from the country's hard-line political leadership,
continues to leave the door open, just barely, to a peace deal when
Syria's civil war finally winds down.
For
now, the debate is largely academic. Syria has been engulfed in civil
war for nearly five years, and there is no end in sight. With Syria, and
the Syrian side of the Golan, divided between Syrian troops and various
rebel forces, there is nobody to talk to, even if Israel decided to
open negotiations.
But
the Golan remains central to any future peace deal with Syria, and its
fate is a key part of a 2002 Saudi initiative that offered Israel peace
with the Arab world in exchange for a full withdrawal from all
territories captured in the 1967 Mideast war. While that offer is
usually connected to areas sought by the Palestinians, the Golan is also
considered occupied land by the international community. Past Israeli
leaders, including Netanyahu himself, have held talks with Syria about
control of the Golan.
So
when Netanyahu convened his Cabinet for a first-ever meeting in the
Golan on April 17, he triggered an international uproar by calling it
"sovereign" Israeli territory.
"The
Golan Heights will forever remain in Israel's hands," he declared.
"After 50 years, the time has come for the international community to
finally recognize that the Golan Heights will remain under Israel's
sovereignty permanently."
The
U.S., Israel's closest ally, quickly criticized Netanyahu, saying the
Golan is "not part of Israel." Germany and the European Union also
rejected his statement, as did the Arab League, 57-member Organization
of Islamic Cooperation and the Syrian government. And early this week,
the U.N. Security Council took issue with him.
"Council
members expressed their deep concern over recent Israeli statements
about the Golan and stressed that the status of the Golan remains
unchanged," said Council President Liu Jieyi, China's ambassador to the
U.N.
He noted a previous 1981 resolution that said Israel's decision to
impose Israeli law on the Golan is "null and void."
Alan
Baker, a former legal adviser to Israel's Foreign Ministry, said the
parliamentary decision to impose Israeli law back in 1981 was "merely a
means of governing" the territory. He said that previously, Syria had
deferred to the local Druse population, whose secretive religion and
customs were difficult to apply after Israel took over.
He
said Israel was careful not to annex the territory — a decision that
would require additional parliamentary action — in order not to
"prejudice" future border negotiations with Syria.
"Israel
has never claimed the Golan to be part of its sovereign jurisdiction,"
said Baker. "That's why in my opinion, the statement that was made was
somewhat ill-advised."
In
reality, Israel has in effect already annexed the territory and any
thought of returning it to Syria is deeply unpopular with Israelis. More
than 20,000 Israeli settlers now live in settlements on the Golan,
according to official Israeli statistics.
The
territory, with its rugged terrain, open spaces and sweeping vistas of
Syria and northern Israel, is a popular tourism spot that is home to
high-end wineries, rustic restaurants and cattle farms. The native Druse
population, who also number about 20,000 people, mingle freely with
Israeli Jews and are eligible for Israeli citizenship.
The
system in the Golan is part of a legal kaleidoscope that Israel has
created since the 1967 war. Shortly after the war, it annexed east
Jerusalem, home to the city's most important holy sites, in a move that
also has not been internationally recognized. Under interim peace
accords, military rulings and special stipulations, West Bank
settlements are subject to Israeli jurisdiction, while Palestinians are
subject to a combination of their own municipal and family laws, as well
as Israeli military law for security offenses.
In
a statement this week, Israeli Foreign Ministry spokesman Emmanuel
Nahshon accused the Security Council of "ignoring reality" with its
criticism.
"With
whom is Israel supposed to negotiate the future of the Golan — Islamic
State? Al-Qaida? Hezbollah? The Iranian and Syrian forces that
slaughtered hundreds of thousands of people?" he said. "The suggestion
that Israel will withdraw from the Golan is not reasonable."
Still, he acknowledged that the Golan Heights is not part of "Israel proper," even if Israeli law is enforced there.