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Canada Park Wasn't Stolen from the Palestinians

(Canadian Jewish News) Alan Baker - Some serious misconceptions appeared in a recent column charging that the land on which the Jewish National Fund-administered Canada Park is located was illegally stolen from Palestinians in contravention of the Geneva Convention. The land, including the former Arab villages that existed in what is now Canada Park, was never part of any Palestinian state or entity. No such entity has ever existed, and hence the land could not have been "stolen" from a non-existent entity that neither owned nor occupied it. During the 1948-49 War of Independence, in which Israel defended itself from a combined attack by neighboring and local Arab forces, the area in question, including the villages that were located there, together with units of the Jordanian army, played an active and strategic role in blocking the route to Jerusalem and in attacking and bombarding both Jerusalem itself and convoys driving to and from Jerusalem. In the 1949 Jordan-Israel armistice agreement, the Latrun area, including what is now Canada Park, was determined as "No-Man's Land" and remained so until the 1967 Six-Day War. The armistice demarcation line has never been considered to be a border and has never been so designated by UN agencies or governments. During the course of the Six-Day War, in which Jordan attacked Israel, the area fell under Israel's control and administration, together with the other West Bank areas of Judea and Samaria. In light of its strategic location commanding the main route to Jerusalem and the vital security implications involved, and in accordance with Israel's rights pursuant to the rules of armed conflict, the area was declared by Israel to be a closed military area. Since then, Israel has undertaken to observe the relevant norms of international humanitarian law, pending a final peace agreement and ultimate disposition of the territory. This area, together with all other areas that fell under Israel's control in 1967, are the subject of the ongoing Israeli-Palestinian peace negotiation process pursuant to the 1993-95 Oslo accords signed by the Palestinian leadership and Israel, and endorsed and witnessed by the major powers. Therefore the legal status of the area is pending negotiation. It cannot be denominated as "Palestinian territory," since the Palestinians themselves are committed to negotiating the permanent status of the area with Israel. It is therefore governed by the special regime agreed upon by the Palestinians and Israel under the Oslo accords. As such, any claim that Israel's administration of Canada Park is in violation of the provisions of the Fourth Geneva Convention has no basis in fact or law. Maintaining the area as a park in which its natural and historic character, integrity and heritage are preserved and protected, falls squarely within the requirements of international humanitarian law and cannot in any way be described as a violation of the Geneva Convention. The writer served as the legal adviser to Israel's Foreign Ministry and Israel's ambassador to Canada (2004-08).
2015-09-25 00:00:00
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