Legitimacy of the State of Israel

(Redirected fromIsrael's right to exist)

Since the founding of theState of Israelin 1948, a number of countries and individuals have challenged itspolitical legitimacy,itsoccupation of Arab territories,or both. Over the course of theArab–Israeli conflict,the country's authority has been questioned on a number of fronts.Critics of Israelmay be motivated by their opposition to the country'sright to existor, since the1967 Arab–Israeli War,their disapproval of the established power structure within theIsraeli-occupied territories.Increasingly, Israel has beenaccused of apartheid.Israel regards such criticism as an attempt to de-legitimize it.[1]

TheIsraeli national emblem,showcasing amenorahsurrounded byolive brancheswith "Israel" written inHebrewbelow it.

On 11 May 1949, Israel was admitted to theUnited Nations(UN) as afull member state.[2][3]It also has bilateral ties with each of theUNSC Permanent Five.As of 2022,28 of the 193 UN member states do notrecognize Israeli sovereignty;theMuslim worldaccounts for 25 of the 28 non-recognizing countries, withCuba,North Korea,andVenezuelarepresenting the remainder. Most of the governments opposed to Israel have cited the ongoingIsraeli–Palestinian conflictas the basis for their stance.

In the early 1990s, Israeli prime ministerYitzhak Rabinand Palestinian political leaderYasser Arafatexchanged theLetters of Mutual Recognition.Pursuant to this correspondence, thePalestine Liberation Organization(PLO) formally recognized Israel's right to exist as a sovereign state while Israel formally recognized the PLO as a legitimate entity representing thePalestinian people.This development set the stage for negotiations towards achieving atwo-state solution(i.e., Israel alongside theState of Palestine) through what would become known as theOslo Accords,as part of theIsraeli–Palestinian peace process.

Diplomatic normalization and legitimacy

As of 2020,30United Nations member statesdo not recognise the State of Israel: 13 of the 21 UN members in theArab League:Algeria, Comoros, Djibouti, Iraq, Kuwait, Lebanon, Libya, Qatar, Saudi Arabia, Somalia, Syria, Tunisia, and Yemen; a further nine members of theOrganisation of Islamic Cooperation:Afghanistan, Bangladesh, Brunei, Indonesia, Iran, Malaysia, Mali, Niger, and Pakistan; and Cuba, North Korea and Venezuela.[4]On the other hand, nine members of the Arab League recognise Israel: Bahrain,[5]Egypt,[6]Jordan,[7]Mauritania,[8]Morocco,[9]Oman,[10]Sudan,[11]United Arab Emirates[12]and Palestine;[13]and most of the non-Arab members of Organisation of Islamic Cooperation also recognise Israel.

A handshake betweenHussein I of JordanandYitzhak Rabin,accompanied byBill Clinton,during the Israel-Jordan peace negotiations, 25 July 1994

In the 1990s, Islamic and leftist movements inJordanattacked theIsrael–Jordan Treaty of Peaceas legitimization.[14]Significant minorities in Jordan see Israel as an illegitimate state, and reversing the normalization of diplomatic relations was central to Jordanian discourse.[15]

In 2002 theArab Leagueunanimously adopted theArab Peace Initiativeat their Beirut summit. The comprehensive peace plan called for full normalization of Arab-Israeli relations in return for full Israeli withdrawal from theterritories occupied in June 1967.[16]Turki al-Faisalof Saudi Arabia said that in endorsing the initiative every Arab state had "made clear that they will pay the price for peace, not only by recognising Israel as a legitimate state in the area, but also to normalise relations with it and end the state of hostilities that had existed since 1948."[17][18]

Palestinian Authority and Hamas

Yitzhak Rabin,Bill Clinton,andYasser Arafatat the Oslo Accords signing ceremony, 13 September 1993

In 1988 the Palestine Liberation Organization accepted the existence of the state of Israel.[19][20]

Following theOslo I Accordin 1993, thePalestinian Authorityand Israel conditionally recognized each other's right to govern specific areas of the country. This boosted Israel's legal authority and legitimacy on the international stage.[21]Palestinian Authority leaderMahmoud Abbassaid while speaking at the UN regarding Palestinian recognition, "We did not come here seeking to delegitimize a state established years ago, and that is Israel."[22]

Hamas,in contrast, does not recognize Israel as a legitimate government. Furthermore, Hamas denies the legitimacy of the Oslo I Accord.[23]

Rhetoric of delegitimization

Following thePalestinian legislative election of 2006and Hamas'governance of the Gaza Strip,the term "delegitimisation"has been frequently applied to rhetoric surrounding theIsraeli–Palestinian conflict.

Use of pejorative terminology

Since theIslamic Revolutionin 1979, Iran's official position has been to not recognize the State of Israel, often employing pejorative terminology in its rhetoric, with Iranian officials and state-controlled media frequently refer to Israel as the "Zionist regime" and "Occupied Palestine".[24]The use of the term "Zionist regime" instead of "State of Israel" in Iranian discourse implies that Israel is not a legitimate sovereign state but rather an oppressive regime. The people of Israel are often labeled not as Israelis but as "Zionists", furthering the narrative of illegitimacy.[24]Such rhetoric has been consistent in Iranian media, especially in English-language publications targeting international audiences.[24]

In contrast, Jordan's linguistic approach towards Israel underwent a significant transformation following the peace treaty signed on October 26, 1994. Prior to the treaty, Jordanian media employed terms like "Filastiin" (Palestine), "al-ardh al-muhtallah" (the occupied land), and "al-kayaan as-suhyuuni" (the Zionist entity), mirroring the state of war and ideological conflict. However, post-peace, there was a noticeable shift to more neutral terms such as "Israel" and "the state of Israel".[25]

Legitimacy rhetoric as antisemitism

Delegitimization is seen by some observers to be adouble standardwhich separates Israel from other legitimate nations which have imperfect government.Natan Sharansky,head of theJewish Agency,discussed thethree Dsfor determiningnew antisemitism.The third of the three Ds is delegitimization. He explains "when Israel's fundamental right to exist is denied – alone among all peoples in the world – this too is anti-Semitism."[26]

Dore Gold,President of the Israeli think tankJerusalem Center for Public Affairs(JCPA), believes there is a "campaign to delegitimize Israel" based on three themes: a "denial of Israel's right to security", "portrayal of Israel as a criminal state", and "denial of Jewish history".[27]Elhanan Yakira, professor of philosophy at the Hebrew University of Jerusalem, also considers portrayal of Israel as "criminal" and denial of Jewish history, specifically theHolocaust,to be key to a delegitimizing narrative.[28]Alan Dershowitzbelieves that other standard lines of argument include claims of Israel's "colonial" nature, a belief that statehood was not granted "legally", theapartheid analogy,and the necessity of aone-state solution.[29]According toIrwin Cotler,the lopsided number of anti-Israel resolutions passed by the UN is an example of delegitimization.[30]

Canadian ex-Foreign MinisterJohn Bairdhas characterized Israel's delegitimization as the new antisemitism.[31]

Legitimacy rhetoric as distraction

M.J. Rosenberg,writing in 2011 in theLos Angeles Times,argued that the term "delegitimization" is a "distraction", whose purpose is to divert attention away from world opposition to the "illegitimate" Israeli occupation of theWest Bankand blockade of theGaza Strip,from the "illegal"Israeli settlements,and from "the ever-louder calls for Israel to grant Palestinians equal rights". He concludes that "It's not the Palestinians who are delegitimizing Israel, but the Israeli government, which maintains the occupation. And the leading delegitimizer isNetanyahu,whose contemptuous rejection of peace is turning Israel into an international pariah. "[32]

Effect of delegitimization to peace

Many sources argue that delegitimizing Israel will hinder the peace process, while others disagree.Amnesty International,which accuses Israel of practicing apartheid notes that thepeace processis already dead, and is often used as an excuse to violate human rights of Palestinians.[33]

Pressuring Israel will bring peace

Nathan Thrall,who argues Israel is practicing apartheid over Palestinians, believes the most effective way to peace is to pressure Israel.[34]He points out that during the1956 Suez crisis,President Eisenhower used the threat of economic sanctions against Israel to convince it to withdraw from Sinai and Gaza.[34]In 1975, President Ford refused to provide Israel with new arms deals until it agreed to a second Sinai withdrawal.[34]President Carter threatened to terminate US military assistance to Israel if it did not immediately evacuate Lebanon in September 1977.[34]Carter also threatened Israel (and Egypt) atCamp Davidthat the United States would withhold aid if the countries did not sign an agreement.[34]Finally, in 1991 US secretary of state James Baker forced Prime Minister Yitzhak Shamir to attend negotiations in Madrid by threatening to not give Israel a $10bn loan it needed.[34]

Yousef Munayyer argues that it is important for international actors to realize that Israel is practicing apartheid, and accurately describing Israeli policies will motivate the international community to take against Israel's human rights violations.[35]

Delegitimization is dangerous

According toGerald Steinbergwriting for JCPA, attacks on Israel's legitimacy are a barrier to theIsraeli–Palestinian peace process.[36]Amos Yadlin,former head ofIsraeli intelligencesaid that "delegitimization of Israel is a graver threat than war."[37]Thomas Friedman,writing inThe New York Times,says "for 100 years, through violence and delegitimization, Israelis and Palestinians have made sure that the other was never allowed to really feel at home in Israel."[38]Delegitimization of the adversary, among all the psychological themes, is said to be "one of the major detrimental forces that turns a conflict to be vicious and violent, while preventing its peaceful resolution."[39]

US PresidentBarack Obamasaid in a May 2011 speech "for the Palestinians, efforts to delegitimize Israel will end in failure. Symbolic actions to isolate Israel at the United Nations in September won't create an independent state."[40]In 2012, the president said, "whenever an effort is made to delegitimize the State of Israel, my administration has opposed them."[41]Irwin Cotler,former Canadian Attorney General, said that delegitimization is "masked under the current discourse". It is hidden in the anti-Israel resolutions passed by the UN,universal jurisdictionis "often abused" regarding Israel, it is "laundered under the cover of human rights", and is hidden behind the use of accusations ofracismandapartheid.[30]

Delegitimization is seen as a threat to Israel's security. Demands for Israel to not enter intoGazaand defeatHamasduringOperation Pillar of Defenseare characterized by David Schwartz as a "delegitimization of Israel's right to defend itself."[42]Tzipi Livnisaid that "the threat of delegitimization intensifies other threats facing Israel, and limits our ability to protect ourselves."[43]

Suppressing peaceful criticism begets violence

Nathan Thrallwrites "When peaceful opposition to Israel’s policies is squelched and those with the capacity to dismantle the occupation don’t raise a finger against it, violence invariably becomes more attractive to those who have few other means of upsetting the status quo."[34]

Freedom of speech

Starting June 27, 2024, Germany requires all those applying for naturalization must affirm Israel's right to exist. Opponents of the law argue that it infringes onfreedom of speech.[44]

Legitimacy and Israeli uniqueness

Professor Emanuel Adler of theUniversity of Torontoconsiders Israel as willing to accept a situation where its legitimacy may be challenged, because it sees itself as occupying a unique place in theworld order.[45]Stacie E. Goddard ofWellesley Collegeargues that the legitimacy of Israeli historical narratives is used as a tool tosecure territory.[46]

See also

References

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  5. ^"Bahrain becomes latest Arab nation to recognize Israel".AP NEWS.11 September 2020.Retrieved11 September2020.
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