Your determination that Israel's settlements are illegitimate cannot be legally substantiated. The oft-quoted prohibition on transferring population into occupied territory (Art. 49 of the 4th Geneva Convention) was, according to the International Committee Red Cross's own official commentary of that convention, drafted in 1949 to prevent the forced, mass transfer of populations carried out by the Nazis in the Second World War.
The following letter was received in the reqular 'Ettinger Report' and is reproduced here for your edification. R.P. BenDedek Email: firstname.lastname@example.org
Alan Baker, Attorney, Ambassador (ret')
The Hon. James Kerry, U.S. Secretary of State,
The State Department,
November 8, 2013
Dear Secretary Kerry,
After listening to you declare repeatedly over the past weeks that "Israel's settlements are illegitimate", I respectfully wish to state, unequivocally, that you are mistaken and ill advised, both in law and in fact.
Pursuant to the "Oslo Accords", and specifically the Israel-Palestinian Interim Agreement (1995), the "issue of settlements" is one of subjects to be negotiated in the permanent status negotiations. President Bill Clinton on behalf of the US, is signatory as witness to that agreement, together with the leaders of the EU, Russia, Egypt, Jordan and Norway.
Your statements serve to not only to prejudge this negotiating issue, but also to undermine the integrity of that agreement, as well as the very negotiations that you so enthusiastically advocate.
Your determination that Israel's settlements are illegitimate cannot be legally substantiated. The oft-quoted prohibition on transferring population into occupied territory (Art. 49 of the 4th Geneva Convention) was, according to the International Committee Red Cross's own official commentary of that convention, drafted in 1949 to prevent the forced, mass transfer of populations carried out by the Nazis in the Second World War. It was never intended to apply to Israel's settlement activity. Attempts by the international community to attribute this article to Israel emanate from clear partisan motives, with which you, and the US are now identifying.
The formal applicability of that convention to the disputed territories cannot be claimed since they were not occupied from a prior, legitimate sovereign power.
The territories cannot be defined as "Palestinian territories" or, as you yourself frequently state, as "Palestine". No such entity exists, and the whole purpose of the permanent status negotiation is to determine, by agreement, the status of the territory, to which Israel has a legitimate claim, backed by international legal and historic rights. How can you presume to undermine this negotiation?
There is no requirement in any of the signed agreements between Israel and the Palestinians that Israel cease, or freeze settlement activity. The opposite is in fact the case. The above-noted 1995 interim agreement enables each party to plan, zone and build in the areas under its respective control.
Israel's settlement policy neither prejudices the outcome of the negotiations nor does it involve displacement of local Palestinian residents from their private property. Israel is indeed duly committed to negotiate the issue of settlements, and thus there is no room for any predetermination by you intended to prejudge the outcome of that negotiation.
By your repeating this ill-advised determination that Israel's settlements are illegitimate, and by your threatening Israel with a "third Palestinian intifada" and international isolation and delegitimization, you are in fact buying into, and even fueling the Palestinian propaganda narrative, and exerting unfair pressure on Israel. This is equally the case with your insistence on a false and unrealistic time limit to the negotiation.
As such you are taking sides, thereby prejudicing your own personal credibility, as well as that of the US.
With a view to restoring your own and the US's credibility, and to come with clean hands to the negotiation, you are respectfully requested to publicly and formally retract your determination as to the illegitimate nature of Israel's settlements and to cease your pressure on Israel.
Alan Baker, Attorney, Ambassador (ret'),
Former legal counsel of Israel's Ministry for Foreign Affairs,
Former ambassador of Israel to Canada,
Director, Institute for Contemporary Affairs, Jerusalem Center for Public Affairs,
Director, International Action Division, The Legal Forum for Israel
“The effectiveness of a guarantee depends upon the willingness of the guarantor to react to a threat, and upon his ability to react with sufficient force…. [For instance,] fear of disrupting American relations with Arab states was a factor in the 1967 US decision not to force open the Red Sea Straits of Tiran to Israeli ships [contrary to the US commitment in 1957, in return for a full Israeli withdrawal from the Sinai Peninsula]..
In 2017, conventional “wisdom” maintains that the Palestinian issue is the crux of the Arab-Israeli conflict, a core cause of Middle East turbulence and a crown-jewel of Arab policy-making. However, conventional “wisdom” was trounced on the rocks of Middle East reality, as it was when: the State Department appeased Egyptian President Nasser (1950s); facilitated the toppling of the Shah of Iran by the Ayatollas [1977-78]; embraced Saddam Hussein, and inadvertently encouraged his August 1989 invasion of Kuwait
The assumption that inherently tenuous, intangible, open-ended and reversible US security commitments constitute an effective compensation for critical Israeli land, tangible, irreversible concessions – such as a retreat from the strategically and historically critical mountain ridges of Judea and Samaria – reflects detachment from the Washington constitutional labyrinth and recent precedents, engendering a false sense of security, thus compromising the existence of the Jewish state, transforming Israel from a robust national security producing asset to a frail national security consuming liability, undermining US interests and US-Israel relations.
Since 2004 he has been writing academic articles, social commentaries and photographic 'Stories from China' both here at KingsCalendar, and formerly as a contributing columnist at Magic City Morning Star News (Maine USA) where from 2009 to 2015 he was Stand-in Editor. He currently has a column at iPatriot.com and teaches English to Business English and Flight Attendant College Students in Suzhou City Jiangsu Province People's Republic of China.)
BenDedek originally created the site to publicize his research results into the Chronology of Ancient Israel. Those results were published under the title: 'The King's Calendar: The Secret of Qumran.' Whilst there have been many attempts to solve the chronological riddle of the Bible's synchronisms of reigns of the kings of Israel and Judah and their synchronism with other Ancient Near Eastern Nations, no other research is based on a simple mathematical formula which could, if it is incorrect, be disproved easily. To date, no one has been able to dismiss the mathematical results of this research.
Free to air Academic articles set forth Apologetics for and results of his discovery of an "artificial chronological scheme" running through the Bible, Josephus, the Damascus Documents of the Dead Sea Scrolls, and Seder Olam Rabbah. Check the Chapter Precis Page to see details of each chapter and to gain access to the Four Free to Air Chapters
(The Download book does not contain a section on Seder Olam)
Definition: King's Calendar Chronological Research
The Premise: Between the 5th and 3rd centuries BCE (but continuing down to at least 104 BCE), Sectarian redactors transcribed the legitimate 'solar year' chronological records of Israel and Judah, into an artificial form, with listed years as each comprised of 12 months of 4 weeks of 7 days, or 336 days per year, thus creating a 13th artificial year where 12 solar years existed.
When the Synchronous Chronological Data provided in the Books of Kings and Chronicles for the Divided Kingdom Period are measured in years of 336 days, the synchronisms actually align. [Refer to Appendix 5. to see how it synchronises the Divided Kingdom Period]