Implications of the American administration’s recognition of the annexation the occupied Syrian Golan to Israel:

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Lecturer: Dr. Hayder Fawzy Al Ghazi/ Researcher at the legal studies department

 

April 2019

Translated by: Hiba Abbas Mohammed Ali

Reviewed by: Lecturer. Hussain Bassim Abdulameer

 

 

After the US president (Donald Trump) launched a tweet on his Twitter account on Thursday (21-3-2019) and said: “After 52 years it is time for the United States to fully recognize Israel’s Sovereignty over the Golan Heights, which is of critical strategic and security importance to the State of Israel and Regional Stability!” Israeli Prime Minister (Benjamin Netanyahu) tweeted with another speech on the same day, thanking the invitation of the US President to recognize Israel’s sovereignty over the occupied Golan. And he said: “As Iran seeks to use Syria as a foothold to destroy Israel, President Trump bravely acknowledges Israel’s sovereignty over the Golan Heights, thank you, Mr. President”.

Indeed, on Monday (25-3-2019) and in the presence of (Benjamin Netanyahu) in Washington, US President Donald Trump signed a presidential decree under which the United States recognized the sovereignty of Israel on the land of the Golan.

The world should not forget that “Golan” is Syrian and the Zionist entity  occupied 1200 square kilometers and the rest of the Syrian state ( 510 km2) during the Arab war led by the countries (Egypt and Syria with the help of Iraq and Jordan) against the Zionist entity which broke out in 5-6 1967) which ended six days later. The Arab states tried to restore them during the (October 6, 1973) War which lasted (18) days, but its attempt failed under international pressure.

Does the United States give the territories and international provinces by a tweet? Although the UN Security Council considered the imposition of Israeli laws and jurisdiction on the land of the occupied Syrian Golan (14-12-1981) according to the Israeli parliament’s decision (the Golan law) under the prime minister of Israeli occupation (Menachem Begin) void and has no international legitimacy according to UN resolution No (497) in 17-12-1981, also, the UN Security Council Resolution confirms it is a Syrian occupied land and governed by UN Security Council Resolution 242 (1967), which stipulates that Israel must withdraw from it.

The Israeli occupation is well aware of the strategic importance of this plateau, where its borders with Syria, instead of the Palestinian territories, seemed directly to expand at the expense of the Syrian territory. It is located between the Yarmouk River in the south and the Mount of Sheikh in the north, as it’s belong to the Syrian province of Quneitra. The United Nations has confirmed that it is Syrian land occupied by Israel, and even the Israeli army has stated in a statement on 10-6-1967 that the Syrian plateau in our hands, and this plateau has witnessed several wars between Syria and Israel, the areas under the control of the Syrian administration and the areas under the control of the occupation administration are separated by the areas administered by UNDOF forces, (United Nations Disengagement Observer Force).

In the next day ( 22/3/2019) the Syrian foreign ministry denounced US president irresponsible position, with the American blind bias towards Israel and considered it a violation to the decision of UN Security Council NO ( 497) (1981), which which completely rejected the decision of the occupation government on the Golan Law.

The Syrian Foreign Ministry considered the policy of the United States a reckless policy aimed to destabilizing international security and that the major powers must take responsibility towards the international community which is controlled by the trends of hegemony and American arrogance and the need to restore international legitimacy. The Syrian position has been constant over the years, that the Golan is a Syrian Arab, and Syrian people will not dissuade by the recognition by the United States of this barbarous sovereignty.

On the international level, in Russia considered (22-3-2019) that changing of Golan Heights by circumventing the UN Security Council is a direct violation of the UN resolutions. Russian Foreign Ministry spokeswoman “Maria Zakharova” Said that “Russia was in a clear position from the Golan’s subordination to Syria according to the UN Security Council Resolution 497 (1981), so the Israeli decision (the Golan law) is illegal on Golan Height”.

The European Union (May 21, 2019), the official spokesperson of the European Diplomatic Head (Federica Mogherini) said that “the EU does not recognize Israeli sovereignty over the occupied Syrian Golan” and that the European Union’s position has not changed under international law. EU does not recognize Israel’s sovereignty over the territories it occupied in 1967, including the Golan Heights, and does not consider it part of Israeli territory.

On the Arab league level, in 21/3/2019 the Arab League Secretary-General “Ahmed Aboul Gheit” pointed out that the Golan is a Syrian Arab land occupied by Israel according to international law, and that the League of Arab States will stand by Syria in this region.

When the the 30th session of the League of Arab States held  in Tunisia on Sunday (31-3-2019) titled (Summit of Unification of Vision and Word) where the position of the US President on the issue of the Golan and Jerusalem was included in the agenda of meetings of the League of Arab States, Asserting the invalidity and illegality of the American decision to recognize Jerusalem as the capital of Israel, and the negation of the other US decision to recognize Israel’s sovereignty over the Golan Heights.

“I would like to reiterate the total rejection of my country about the declaration by the US administration to recognize Israel’s sovereignty over the occupied Syrian Golan Heights, Golan is occupied Syrian Arab Land and there will be negative effects of this declaration on peace in the Middle East” said The Saudi Foreign Minister “Ibrahim al-Assaf”. Tunisian Foreign Minister “Khamis al-Jahnawi” also rejected the decision because it infraction international resolutions, add “it was void and had no legal obligations”.

From Egypt side, Egyptian Foreign Minister “Sameh Shukri” in (29/3/2019) confirmed that the U.S. administration decision is void and Golan is a Syrian Arab Land occupied by Israel.

Arab and European reactions continue to follow the irresponsible decision of US President Trump. So, is there a deterrent to the US administration’s aggressive policies, or is the Russian position become the only strong position supporting Syria?

We would like to point out here that the US position was not the result of the moment, it’s been after the Israeli information was transmitted earlier about US approval to annex the occupied Syrian Golan Heights to Israel according to understandings between the two sides. Israeli professor (Gabriel Halevi) on 7-6-2018, a senior Israeli judge, said that the legal status of the Golan is complicated, Because the Golan was not a part of the British mandate over Palestine compared to the West Bank, add that the legal status of areas under the British mandate for the Palestinian areas much easier than the legal status of the Golan Heights because the Golan was not a part of this mandate.

In 2010, Israeli Prime Minister “Benjamin Netanyahu” presented a document to negotiated Syria by US mediation which about to the return of entire parts of the Golan Heights to the Syrians, including Druze villages, according to the former Israeli National Security Advisor “Udi Arad”, in (7- 6-2010) as opposed to keeping Jewish settlement areas and water areas in the plateau under Israeli control. And that was stated by former Israeli Prime Minister “Ehud Olmert”.

Finally, the US president’s recognized of Israel’s sovereignty over the Golan Heights still a mistake exceeded the right of the Syrian people and the sovereignty of the Syrian state and it is a dangerous indicator issued by a superpower and a permanent member of the UN Security Council.