Golan Heights Law

The Golan Heights Law (Hebrew: חוק רמת הגולן, romanized: Khok Ramat HaGolan) is the Israeli law which applies Israel's government and laws to the Golan Heights. It was ratified by the Knesset by a vote of 63–21, on 14 December 1981.[1] Although the law did not use the term, it was considered by the international community and some members of the Israeli opposition as an annexation of the territory and illegitimate.[2][3]

Background

The Golan Heights is a geographic area in southwestern Syria. The Druze are a ethnoreligious community with a strong presence in the Golan Heights, the north of Israel, and the south of Syria. The Heights have been continuously militarily occupied by Israel since Israel's victory over an Arab coalition that included Syria in the 1967 Six-Day War. The Israeli occupation and annexation has been repeatedly condemned by the United Nations and the international community.[4] Since its occupation began, the Israeli government has promoted Israeli settlements in the Golan Heights, with around 7000 settlers present by 1981.[5] In February 1981, a poll by The Jerusalem Post found that 68,3% of Israelis supported the occupation of the Heights.[6]

In 1979, Israel signed a peace treaty with Egypt, which included Israeli withdrawal from the Sinai Peninsula, which had also been occupied following the Six-Day war.

In March 1981, the far-right Tehiya party presented a bill to the Knesset calling for Israel to annex the Golan Heights. The bill was defeated by 45 to 14, with 5 absentions and 56 MKs not present at the vote. Most MKs of the Likud-led government coalition, including Israeli Prime Minister Menachem Begin, voted against the bill. Minister of Agriculture Ariel Sharon and Foreign Affairs and Security Committee chair Moshe Arens, however, voted in favour of the bill.[7] In June 1981, the 1981 Israeli legislative election was held, resulting in the Likud-led coalition under Begin retaining power and forming the Nineteenth government of Israel.[8]

Summary

The three broad provisions in the Golan Heights Law are the following:

  1. "The Law, jurisdiction and administration of the State will take effect in the Golan Heights, as described in the Schedule."
  2. "This Law will begin taking effect on the day of its acceptance in the Knesset."
  3. "The Minister of the Interior is placed in-charge of the implementation of this Law, and is entitled, in consultation with the Minister of Justice, to enact regulations for its implementation and to formulate regulations on interim provisions regarding the continued application of regulations, directives, administrative directives, and rights and duties that were in effect in the Golan Heights prior to the acceptance of this Law."

Signed:

Legislative history

On the morning of 14 December, Israeli Prime Minister Menachem Begin, who had recently been discharged from the Hadassah Medical Center for a broken hip, convened the Israeli government at his home for a special cabinet session.[9] In the session, Begin presented the legislation to annex the Golan Heights. The legislation was approved by the cabinet.

Begin subsequently presented the bill to the Knesset in the afternoon of 14 December. In his speech to the Knesset, Begin claimed that there was a "nearly universal national consensus" in Israel on the question of the Golan Heights, pledging that "Israel will not descend from the Golan Heights and will not remove a single settlement."[10] Begin further justified the bill by saying that Israel could not "wait for an unlimited period of time for a sign from the Syrians that they are prepared to talk with us about peace," and that the bill was necessary for historical, security, and "moral-political" purposes.[10] Begin further stated that "no one will push us back to the borders of June 4, 1967 — those borders of bloodshed, provocation and aggression."[11]

All three readings of the legislation were carried out on the same day, an unusually fast-paced legislative process. The attempt to rush the bill through the Knesset proved immediately controversial, with the Israeli Labor Party announcing that it intended to boycott the votes.[12]

However, the bill was ultimately passed in the Knesset on 14 December with a majority of 63 in favour to 21 against.[1] Left-wing party Hadash and liberal party Shinui voted against. Some Israeli Labor Party MKs ultimately participated in the vote, with 7 voting against the bill and 10 voting in favour.[12]

Following the vote, Israeli Chief of the General Staff Rafael Eitan cut short a visit to Egypt, and ordered soldiers in northern Israel and the Golan Heights to high alert.[11]

Reactions

In the Golan Heights

The law led to widespread protests by the Druze community in the Golan heights.[13] On 17 December, the Druze community in the Heights launched a three-day general strike in protest against the law.[14] The leaders of the Druze community wrote a letter to Israeli Prime Minister Menachem Begin that they were "first of all Syrian Arabs," warning that they "do not intend to act against the state's security, but we will resist if you force us to be Israeli citizens."[15] In early 1982, the 1982 Golan Heights Druze general strike was held, lasting for five months and resulting in an Israeli blockade of Druze towns in the Heights.[16][17]

Israeli settlers in the Heights celebrated the law.[12]

In Israel

Substantially, the law has mainly been criticized for potentially hindering future negotiations with Syria.[citation needed] Uzi Benziman of Haaretz stated that the law "is liable to pull the rug out from under Israel's primary political foundation - the Camp David Accords."[18]

Yitzhak Rabin of the Israeli Labor Party, who had served as Israeli Prime Minister from 1974 to 1977, and would later serve a second term from 1992 to 1995, stated that he opposed the timing of the law, but that he agreed that "the Golan Heights must be part of Israel and that even in a Syrian-Israeli peace treaty Israel should not go down from them."[19] The Knesset voted against a motion of no confidence in Begin's government over the law by 57 to 47.[20]

Minister of Defence Ariel Sharon stated that Israel was "forced to pass the annexation law to make it clear to Washington that we will not return to the indefensible 1967 lines."[21]

Jewish Agency for Israel chair Rafael Kotlowitz called for the law to "kindle the spark of aliyah among diaspora youth," pledging that the Agency would "bring the word of the new law to the diaspora as a challenge and as a national goal, and we will do all we can to channel new olim to the Golan."[22] Permanent Representative of Israel to the United Nations Yehuda Zvi Blum described the law as necessary "to regularize the situation" in the Golan Heights, saying that "all daily life on the Golan Heights, both of the Israeli residents and the Druze inhabitants, is with Israel."[23] Israeli consul-general in New York City Naphtali Lau-Lavie stated that Israel could not "sit idly and not give its citizens and settlements on the Golan Heights the same civilian and juridical status that any other citizens now have."[24]

While the Israeli public at large, and especially the law's critics, viewed it as an annexation, the law avoids the use of the word. Prime Minister Menachem Begin responded to Amnon Rubinstein's criticism by saying, "You use the word 'annexation.' I do not use it," and noting that similar wording was used in a 1967 law authorizing the government to apply Israeli law to any part of the Land of Israel.[citation needed]

Internationally

The law provoked strong international criticism and was not recognised internationally.[25][3] On 17 December 1981, the United Nations Security Council unanimously and without abstentions passed Resolution 497 deeming the law "null and void and without international legal effect."[26][27]

The European Economic Community described the law as "tantamount to annexation and contrary to international law and therefore invalid in our eyes," adding that it was "bound to complicate further the search for a comprehensive settlement."[28] British Prime Minister Margaret Thatcher condemned the law, stating that "I say with the sorrow of a friend that this latest move is harmful to the search for peace."[29] The French government released a statement condemening the law as "contrary to international law and United Nations Resolutions on the subject," while French Foreign Minister Claude Cheysson stated that "the annexation is unacceptable. We can do nothing but condemn it."[30]

Singaporean newspaper The Straits Times described the law in an editorial as "only the latest in a series of dramatic moves by Israeli Prime Minister Begin which have lost the country much international sympathy," warning that it would "jeopardise the present unsteady search for a Middle East peace."[31] Vatican City newspaper L'Osservatore Romano described the law as "a disturbance and hindrance" of the Middle East peace process, accusing the Israeli government of "contradictions of one who, on the one hand accuses others of closing themselves into positions of refusal, and on the other, accumulates faits accomplis not sanctioned by international law which aggravate an already difficult situation."[32]

United States

American president Ronald Reagan stated that the law "increased the difficulty of seeking peace," but that "we continue to be optimistic."[33] The government of the United States temporarily suspended the Strategic Cooperation Agreement that it had signed with Israel in November 1981 over the law. Spokesperson for the United States Department of State Dean E. Fischer stated that the law was passed without consulting the United States, saying that "we are particularly disappointed that the Government of Israel took this action just as we were facing a serious political crisis in Poland and only a few weeks after we signed a Memorandum of Understanding on Strategic Cooperation."[34]

American Jewish Congress director Henry Siegman condemned the suspension of the Agreement, calling it an "intemperate response to Israel's decision to formalize her administrative jurisdiction over the Golan Heights."[34] Conference of Presidents of Major American Jewish Organizations chair Howard Squadron accused the American government of having "joined the lynch mob at the UN in supporting the Soviet satellite Syria — a state that refuses to make peace (with Israel) — while punishing our friend and ally, Israel."[35] Zionist Organization of America president Joseph Sternstein described the law as "a necessary and just step," saying that it "will quickly stabilize the situation on the Golan Heights."[35] The New Jewish Agenda, on the other hand, condemned the law, calling instead for "a land of peace, not a piece of land."[35]

The Israeli Ministry of Foreign Affairs subsequently claimed that former American president Gerald Ford had told the Israeli government that the United States would support annexation.[36]

David K. Shipler of The New York Times stated that the law would have the effect of "cutting down the options for future territorial compromise with the Arabs" and that "withdrawal from land now considered Israel's own would be psychologically more difficult, and especially so if Israeli civilian development spreads more deeply into the region. There are now 31 Jewish settlements there, with a population of about 7,000."[18]

Aftermath

The Golan Heights Druze have held annual demonstrations in February commemorating the general strike against the law.[37][13]

In February 2018, the Prime Minister of Israel Benjamin Netanyahu stated that "the Golan Heights will remain Israel's forever",[38] after his political rival Yair Lapid called on the international community to recognize Israeli sovereignty over the Golan Heights two months earlier.[39] On March 25, 2019, the United States recognized the Golan Heights as sovereign Israeli territory[40] while the UN reaffirmed that the "..status of Golan has not changed".[41]

On 25 March 2019, the United States recognized the Golan Heights as sovereign Israeli territory.[40] Following the U.S. announcement, United Nations Secretary-General Antonio Guterres on behalf of the UN stated that it is "clear that the status of Golan has not changed."[41]

See also

Notes

  1. ^ Brief occupation in 1956. Second Israeli occupation from 1967 until 1982, but Israel retained control of Taba until 1989.

References

  1. ^ a b Israeli Ministry of Foreign Affairs. Golan Heights Law.
  2. ^ Rabinowitz, Dan (28 March 2012). "17: Identity, the State and Borderline Disorder". In Thomas M. Wilson and Hastings Donnan (ed.). A Companion to Border Studies. John Wiley & Sons. pp. 307–308. ISBN 978-1-118-25525-4.
  3. ^ a b Yishai, Yael (1985). "Israeli Annexation of East Jerusalem and the Golan Heights: Factors and Processes". Middle Eastern Studies. 21 (1): 45–60. doi:10.1080/00263208508700613. ISSN 0026-3206. JSTOR 4283045.
  4. ^ "What is the Golan Heights and what does it mean to Israel and Syria?". Reuters. 16 December 2024. Retrieved 25 December 2024.
  5. ^ "Hasty annexation gives Israelis law, order puzzle". The Press. 18 December 1981. Retrieved 25 December 2024.
  6. ^ "Poll Shows About 70 Percent of Israelis Favor Continued Jewish Settlements on the West Bank". Jewish Telegraphic Agency. 18 February 1981. Retrieved 25 December 2024.
  7. ^ "Bill to Annex the Golan Heights Defeated in Knesset by 45-14 Vote". Jewish Telegraphic Agency. 12 March 1981. Retrieved 25 December 2024.
  8. ^ "Factional and Government Make-Up of the Tenth Knesset".
  9. ^ Orgel, Hugh (18 December 1981). "KNESSET BACKS CABINET ON GOLAN". The Australian Jewish News. Retrieved 25 December 2024.
  10. ^ a b "WHAT BEGIN TOLD KNESSET ON GOLAN". The Australian Jewish News. 31 December 1981. Retrieved 25 December 2024.
  11. ^ a b "Israeli soldiers in watch for Syrians". The Canberra Times. 16 December 1981. Retrieved 25 December 2024.
  12. ^ a b c Orgel, Hugh (16 December 1981). "Jewish Settlers on Golan Are Euphoric over Israel's Move". Jewish Telegraphic Agency. Retrieved 25 December 2024.
  13. ^ a b Schlotterbeck, Markus (17 June 2009). "Golan Druze resistance to Israeli forced citizenship, 1981-1982". Global Nonviolent Action Database. Retrieved 10 October 2024.
  14. ^ "Golan Druze Residents in a 3-day Strike to Protest Israel's Action". Jewish Telegraphic Agency. 17 December 1981. Retrieved 10 October 2024.
  15. ^ "Druze on strike in Golan Heights". UPI. 14 February 1982. Retrieved 10 October 2024.
  16. ^ Claiborne, William (21 February 1982). "General Strike by Druze Paralyzes Golan". The Washington Post. Retrieved 10 October 2024.
  17. ^ "Israeli Troops Seal off Four Druze Villages on Golan Heights". Jewish Telegraphic Agency. 26 February 1982. Retrieved 10 October 2024.
  18. ^ a b Shipler, David K. (17 December 1981). "ISRAELI STRATEGY: FEWER OPTIONS LEFT FOR THE FUTURE; News Analysis". The New York Times. Retrieved 25 December 2024.
  19. ^ "Rabin Opposed to Timing, but Not to the Principle of the Golan Move". Jewish Telegraphic Agency. 17 December 1981. Retrieved 25 December 2024.
  20. ^ "Government Coalition Defeats No Confidence Motion by 57-47 Vote". Jewish Telegraphic Agency. 24 December 1981. Retrieved 25 December 2024.
  21. ^ "Israel forced to annex Golan Heights: Sharon". The Canberra Times. 27 December 1981. Retrieved 25 December 2024.
  22. ^ "Seeking Olim for the Golan". Jewish Telegraphic Agency. 18 December 1981. Retrieved 25 December 2024.
  23. ^ "Blum: Israel's Action on the Golan Was Needed to 'regularize the Situation' There in Face of Syria's". Jewish Telegraphic Agency. 17 December 1981. Retrieved 25 December 2024.
  24. ^ "Special to the JTA Israeli Official Explains Basis for the Action on the Golan Heights". Jewish Telegraphic Agency. 16 December 1981. Retrieved 25 December 2024.
  25. ^ "Golan Heights profile". BBC News. 29 August 2023. Retrieved 2023-10-26.
  26. ^ United Nations. Security Council Resolutions, 1981.
  27. ^ Council on Foreign Relations. UN Security Council Resolution 497.
  28. ^ "EEC Ministers Unanimously Denounce Israel's Golan Move". Jewish Telegraphic Agency. 16 December 1981. Retrieved 25 December 2024.
  29. ^ "Thatcher Admonishes Israel for Its Move on the Golan Heights". Jewish Telegraphic Agency. 18 December 1981. Retrieved 25 December 2024.
  30. ^ "France Officially Condemns Israel's Golan Action". Jewish Telegraphic Agency. 17 December 1981. Retrieved 25 December 2024.
  31. ^ "The Straits Times says... Israeli Action Will Not Pay". The Straits Times. 18 December 1981. Retrieved 25 December 2024.
  32. ^ "Vatican Radio and Newspaper Raps Israel for Its Action on Golan". Jewish Telegraphic Agency. 22 December 1981. Retrieved 25 December 2024.
  33. ^ "Reagan Deplores Israel's Action on the Golan but is 'optimistic' That Mideast Peace Will Be Achieved". Jewish Telegraphic Agency. 18 December 1981. Retrieved 25 December 2024.
  34. ^ a b Gwertzman, Bernard (19 December 1981). "U.S. SUSPENDS STRATEGIC PACT AND ARMS DEAL WITH ISRAEL OVER ANNEXATION OF GOLAN". The New York Times. Retrieved 25 December 2024.
  35. ^ a b c "Jewish Leaders Rap Administration". Jewish Telegraphic Agency. 21 December 1981. Retrieved 25 December 2024.
  36. ^ "Israel Claims Its Retention of Golan Was Tacitly Approved by the Ford Administration". Jewish Telegraphic Agency. 24 December 1981. Retrieved 25 December 2024.
  37. ^ Guarnieri, Mya (25 February 2011). "Golan residents recall their Tahrir". Al Jazeera. Retrieved 10 October 2024.
  38. ^ Eichner, Itamar (2018-02-16). "Netanyahu to UN chief: Golan Heights will remain Israel's forever". Ynetnews. Retrieved 2018-05-03.
  39. ^ Hoffman, Gil (December 6, 2017). "Lapid: World must recognize Israeli sovereignty over Golan, united Jerusalem as capital". The Jerusalem Post. Retrieved 2018-05-03.
  40. ^ a b "Trump formally recognises Israeli sovereignty over Golan Heights". Al Jazeera English. Retrieved March 25, 2019.
  41. ^ a b "U.N. chief clear that Golan status has not changed: spokesman". Reuters. March 25, 2020. Retrieved April 19, 2020.