July 30, 2015
Mr. Ban Ki-Moon,
Secretary-General of the United Nations
1st Avenue and 44th Street
New York, NY 10017
Re: Your declaration that: "Settlements are illegal under international law"
On Wednesday July 29, you responded to Israeli government decision to
build 300 new apartments in Beit -El, by saying that " The Settlements
are illegal under international law".
As the chairman of the Legal forum for Israel, that includes
attorneys from across the world , involved in international law, as well
as being closely concerned with the Israeli-Palestinian dispute, I want
to clearly point out, that your declaration has no basis in
international law, and the time has come to tell the world the truth.
The legal basis for the establishment of the State of Israel was the
resolution unanimously adopted by the League of Nations in 1922,
affirming the establishment of a national home for the Jewish People in
the historical area of the Land of Israel. This included the areas of
Judea, Samaria, Jerusalem, and Jewish settlement throughout such as
Beit-El, an ancient Jewish village mentioned several times in the Bible.
This was subsequently affirmed by both houses of the US Congress.
Article 80 of the UN Charter determines the continued validity of the
rights granted to all states or peoples, or already existing
international instruments (including those adopted by the League of
Nations). Accordingly the above-noted League resolution remains valid,
and the 700,000 Jews presently resident in the areas of Judea, Samaria
and eastern Jerusalem, reside there legitimately.
"The 1967 borders" do not exist, and have never existed. The 1949
armistice agreements entered into by Israel and its Arab neighbors,
establishing the armistice demarcation lines, clearly stated that these
lines "are without prejudice to future territorial settlements or
boundary lines or to claims of either party relating thereto".
The Palestinians entered into the various agreements constituting
what is known as the "Oslo Accords" in the full knowledge that Israel's
settlements existed in the areas, imposing no limitation on building new
homes in Judea, Samaria or Jerusalem, for Arabs or Jews, especially in a
place like Beit-El, that was re-established as a modern Jewish
community, 20 years prior to the Oslo accords.
Eugene Rostow, former Dean of Yale University law school, and the US
undersecretary of state, who worded UN resolution 242, stated that "The
Jews have a right to settle in Jerusalem, Judea and Samaria just as they
have the right to settle in Haifa or Tel Aviv".
We trust that you will protect the UN and its integrity and retract
your declaration regarding the "illegality" of the settlements, because
it is simply not true.
Yossi Fuchs, Adv.
Chairman of Legal forum for Israel
Cc: Mr. Benjamin Netanyahu, Prime Minister
Mrs. Ayelet Shaked, Minister of Justice
Mrs, Tzipi Hotoveli, Deputy Minister of foreign Affairs
Dr. Dori Gold, CEO Ministry of foreign Affairs
Ambassador Ron Prosor, Israel's Permanent Representative to the United Nations