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Boaz Atzili

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The 1967 Borders: No Legal Basis, No Power Basis, but Permanent

Posted: 05/25/11 05:10 PM ET

Released from the hospital as a newborn baby, I returned not to my family's home but to a bomb shelter in the heavily entrenched Kibbutz on Israel's border with Egyptian controlled Gaza. It was May 1967 and the Middle East was about to erupt in a war that would dramatically change the geopolitics of the region and the life of its residents. One thing that war did not change, ironically, are those borders. Today, when much of the territories taken by Israel in that war are still under its control, this statement might sound ridiculous, but in fact it is not.

In his recent speeches President Obama has anchored his Middle East policy to the 1967 borders, and this policy is widely supported in Europe. The Arab Peace Plan of 2002 is based on the same lines, and Palestinian President Mahmoud Abbas is launching a United Nations initiative to recognize Palestine as a sovereign nation on the basis of the 1967 borders. While Prime Minister Netanyahu does not accept these principles, Israel's former governments came much closer to such acceptance, and peace is unlikely to be achieved with large deviations from 1967. We should ask ourselves, then, why did the 1967 line become the basis for future recognized borders?

What is commonly called the 1967 border is, in fact, the temporary border stipulated in the 1949 armistice agreements between Israel and its Arab neighbors. As such, it certainly represented the balance of power of the time, but it does not represent it in today's Middle East, in which Israel is by far the strongest power. Nevertheless, despite this power discrepancy, Israel cannot erase this borderline. The allure of the 1967 line is not based on legal considerations either. The 1949 armistice agreements were temporary ceasefire lines that reflected a military, rather than legal, reality. If anything, from the perspective of international law, Israel's borders should have been those of the 1947 Partition Plan, which included significantly less land.

What happened, then, between 1949 and 1967, which made the conquests of the Israeli War of Independence seem today as a legitimate basis for its borders, but not those of the Six Days War? During these years a new and powerful international norm that made existing de facto borders almost sacrosanct was established. Since the 1950s there have been very few cases in which one existing state conquered and annexed another's territory. In the only such clear case in the last 35 years, Iraq's attempt to annex Kuwait faced a decisive rebuke by the international community. The right of conquest, in other words, has ceased to exist. For Israel, neither military advancement nor settlement establishment -- both methods that worked well before 1949 -- can change this reality. Any arrangement that will not use the 1967 border as a basis is unlikely to gain the seal of legitimacy from the international community.

This might not be such a bad thing for Israel. Before the Six Days War, Israel had sought to make the armistice agreements into the officially recognized and legitimate borders of the state. It refused to negotiate territorial concessions. Why, then, should an arrangement that would have been embraced by Israel on the eve of the 1967 war be seen as a bad one today?

President Obama hailed the 1967 border as a basis for Israeli-Palestinian peace. Now he should take a step further and support Abbas's UN initiative, not as a vehicle to de-legitimize Israel, but as a tool to establish its -- as well as its Palestinian neighbor's -- legitimate borders. If the UN resolution will explicitly proclaim these borders as those of both Israel and Palestine, all those who will vote for an independent Palestine will, by definition, vote also for accepting Israel within the 1967 lines as a legitimate member of the international community. Such a UN resolution, of course, should not, and could not, replace direct negotiation between the two sides. It does not, for instance, preclude territorial exchanges, but these would have to be done by consensus and on an equitable basis. It does not solve the problem of the Palestinian refugees or of Jerusalem either, but it sets strict parameters through which creative solutions to these problems may gain mutual consent.

The borders of 1967 are not set in stone legally or in balance of power terms. Yet these borders are here to stay. Both Israelis and Palestinians should take Abbas's UN initiative as an opportunity to gain, for the first time in their history, an international recognition of their borders, as should President Obama. We cannot turn time back and save that baby from his first war. We can, however, use this opportunity to prevent war from becoming the reality for yet another generation of Israeli and Palestinian babies.

Boaz Atzili is an Assistant Professor at the School of International Service at American University in Washington, DC. He is the author of a forthcoming book titled Good Fences, Bad Neighbors: Border Fixity and International Conflict.

 
 
 
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HUFFPOST SUPER USER
cdncommentator
03:00 PM on 05/26/2011
Yes, yes, yes.

And for all you anti-Israel haters, here is an Israeli espousing AN Israeli viewpoint, in fact, one that many believe.
hfpf
Wake up World.
03:14 PM on 05/26/2011
I never understood self-hatred. It's right up there with appeasement. Some people never learn.
hfpf
Wake up World.
12:27 PM on 05/26/2011
The mid east problem is NOT about borders, no matter how much land the Palestinians get, they will want more. The real is issue is that they want all the territory of Israel, they want Israel to cease to exist. When there are no longer any Jews in the mid east, the Palestinians, Hamas, Fatah, Hezbollah will be satisfied. This is a war of cultures NOT land.
"Israel will exist and will continue to exist until Islam will obliterate it, just as it obliterated others before it" (Hamas Covenant, Preamble)
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HUFFPOST SUPER USER
NTT
Fighting rants with facts
10:45 AM on 05/26/2011
Focusing on borders is promoting a solution in search of a problem.

Simply put, the Arab-Israe¬li conflict is NOT about borders and never has been. The conflict did not start in 1967; not even in 1947 or 1948, but much earlier. Blaming the conflict on “borders”, “settlements”, “occupation” or “refugees” is claiming that the effect preceded the cause.

The conflict’s core issue is Arabs’ reluctance to accept Jewish national self-determination, WHATEVER the borders within which it’s exercised.

To prove this AGAIN, let’s do a little experiment. Let’s see how many “Palestinian supporters” here accept peace with the following parameters:
- No “right of return”;
- 1967 borders, except mutually agreed swaps;
- Mutual recognition of LEGITIMATE national self-determination of Palestinian Arabs
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Vlady
Better Late
01:52 PM on 05/26/2011
>>...promoting a solution in search of a problem

Excellent paradigm.
This user has chosen to opt out of the Badges program
09:35 AM on 05/26/2011
Israel sued for peace after 1967 and was roundly and soundly rebuffed by the entire Arab power structure. Since the Soviets were delivering twice as many weapons as had been available prior to the 1967 war, the thinking was that soon the Arab world would exercise its might and prove its bravery by pushing the damned Jews into the sea. 1973 brought another Arab attempt which was soundly rebuffed and Israel had to restrained by the USA from occupying Cairo and Demascus. That conflict ended any hopes in the Arab world that military action would let them just walk in and kick out Israel's Jews.

Since then Arab nations have fostered terror as their only hope for what they consider an acceptable resolution. This hope was vain. Jews have had more than enough of terror by the hands of Muslims and Christians who have held it as tenet of faith that jews exist solely to be harassed, maimed, murdered and stolen from many centuries.

I am amused by the rest of the world's reaction to Muslim terror. Cowering in the face of threats and murder coming out of Islam will garner only more such activity. Swift, hot
03:39 PM on 05/26/2011
Well said!
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HUFFPOST SUPER USER
NTT
Fighting rants with facts
09:27 AM on 05/26/2011
Focusing on borders is promoting a solution in search of a problem.

Simply put, the Arab-Israeli conflict is NOT about borders
HUFFPOST SUPER USER
lbsaltzman
Permaculture and Sustainability
08:44 AM on 05/26/2011
I agree. The 1967 borders are more than fair for Israel. The Palestinians are willing to settle for a fraction of their historical homeland to have peace, but it seems like for Netanyahu nothing will satisfy him except the complete conquest of Palestine. Of course thanks to demographics, Netanyahu's way will lead to a one state solution in the long run.
This user has chosen to opt out of the Badges program
09:39 AM on 05/26/2011
Nothing like ignorance of history and cjhanges in technology while not having a stake in the matter to persuade someone that 1967's border lines are reasonable.

A Palestinian nation is not the problem. Security of Israel is the problem.

Anyone who imagines that as soon as a Palestinian state comes to life, peace will reign over the area is criminally naive.
10:23 AM on 05/26/2011
Please tell me what the boarders of the "historical" Palestinian homeland were ? When they were established and if they didn't include Jordan then who lived in Jordan before the Heshimites came and took control. Also please tell me what the boarders of the the homeland of the indigenous Jewish population of the region were ?
DrSnuggles
You label me and I'll label you
11:32 AM on 05/26/2011
I hope whoever they were that the boarders of the historical Palestine or the boarders of the Jewish homeland paid a fair rent.
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HUFFPOST SUPER USER
Sheldon archer
Our facebook is Yuyun Archer
07:54 AM on 05/26/2011
I'm sure that the passengers in the Mayflower would at the onset have been happy to have been given just a little part of America by the native Indians.
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Vlady
Better Late
01:56 PM on 05/26/2011
So how is the weather in Indonesia?
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HUFFPOST SUPER USER
Sheldon archer
Our facebook is Yuyun Archer
07:39 PM on 05/26/2011
Just fine. When you have total love, you don't worry too much about the weather :-)
05:14 AM on 05/26/2011
thank you for posting great article and much needed information for all
07:00 PM on 05/25/2011
Speaking of the borders in the UN partition plan of 1947, John Foster Dulles (Eisenhower's Sec of State) in the early 1950s tried to arrange for Israel to withdraw from some of what was occupied during the 1948-49 war, to facilitate peace with the Arab countries.

That Israel can keep 78% of what was Palestine in 1947, is very generous.
freddyflotilla
Gone fishin'
11:34 AM on 05/26/2011
It was a "region"..never a state...like the MIDWEST is a region ,not a state here in America!
02:31 PM on 05/26/2011
freddy - - Mandate Palestine was a state, administered termporarily by the UK under rules isssued by League of Nations.
hfpf
Wake up World.
03:12 PM on 05/26/2011
The only way to facilitate peace with the Arab countries is for Israel to cease to exist. Since that will not happen, the Arabs continue to perpetuate a state of war. Thirty years of peace with Egypt means nothing to the new Egyptian leadership, as many in Egypt now talk about nullifying their peace treaty with Israel. They must really love war. I hope they are ready to lose the Sinai again.
05:40 PM on 05/26/2011
hfpf - - All Arab countries agreed to accept Israel within its 1967 borders, in the 2002 Saudi peace plan. That would give Israel 78% of what was Palestine in 1947. This is hardly "ceasing to exist". And I doubt Egypt will abrogate its peace treaty with Israel.
HUFFPOST SUPER USER
Want2knowY
05:36 PM on 05/25/2011
"What happened, then, between 1949 and 1967, which made the conquests of the Israeli War of Independence seem today as a legitimate basis for its borders, but not those of the Six Days War? During these years a new and powerful international norm that made existing de facto borders almost sacrosanct was established."

Treating awkward and temporary ceasefire lines as sacorsant when they, in truth, were a constant source of strife before 67 and are even more so today seems an unlikely basis for peace. Treating the 67 lines as a rough guide to a border agreement is more understandable. It is clear there will have to be changes in a number of areas for a final border. It is also clear that getting there will not be easy, regardless of the "international consensus."
07:02 PM on 05/25/2011
Want2 - - Seems the best way forward is recognition of independent Palestine with 1967 borders. Any potential trades can be discussed down the road.
08:30 PM on 05/25/2011
How about an agreement that says all Israeli settlers in the West Bank are welcome to stay as full citizens of Palestine?