"In June
1967, the Israeli military took control over the West Bank,
including East Jerusalem, and the Gaza Strip (together, the
"Palestinian Territories"). Ever since, Israel has maintained
actual and effective control over the Palestinian Territories
and the indigenous Palestinian population thereon. Consequently,
Israel belligerently occupies the Palestinian Territories as
a matter of law."
The disengagement
plan is a four- stage unilateral initiative of Israeli Prime
Minister Ariel Sharon. It aims at relocating Jewish settlements
and military deployments implemented in the Palestinian territories
of Gaza and of the northern part of the West Bank into Israel.
According to Israel, there is no reliable Palestinian partner
for any bilateral peace negotiations, which explains the need
for a unilateral action. With the approval of the United States,
Israel intends to prove in this way that it is committed to
the Peace process and to the two- state solution drawn by the
"Road Map". The plan was presented in April 2004. It entails
a complete disengagement from the Gaza strip within one and
a half year, and withdrawal from Northern Samaria area in the
West Bank. These regions would not be considered any more under
Israeli occupation. However, Israel would keep its military
deployment in the area situated between the Strip and Egypt;
it wants to keep exclusive authority in Gaza air space; it also
wants to keep its right to self defense in Gaza and forbids
any other state from exercising security tasks in Gaza without
its prior own approval.
The disengagement
plan was followed by a great vague of questioning and hesitation.
The Palestinians didn't take it seriously, especially coming
from Ariel Sharon, who has always been the main pro- settlement
leader.
In reality,
there is a "strategy behind the Plan", part of which
was confirmed by Sharon's senior advisor Weisglass in
an interview made by Avi Shavit in Haaretz newspaper: "Top PM
aide: Gaza plan aims to freeze the peace process."
He said that "the significance of the disengagement plan
is the freezing of the peace process. [...] And when you
freeze that process, you prevent the establishment of a Palestinian
state, and you prevent a discussion on the refugees, the borders
and Jerusalem. Effectively, this whole package called the Palestinian
state, with all that it entails, has been removed indefinitely
from our agenda. And all this with authority and permission.
All with a presidential blessing and the ratification of both
houses of Congress." "Sharon, he said, could also argue "honestly"
that the disengagement plan was "a serious move because of which,
out of 240,000 settlers, 190,000 will not be moved from their
place."
In addition,
according to the Legal
analysis of the disengagement plan given by the
Bethlehem media net,
"Israel seeks to proclaim an end to the Gaza Strip's occupation
in order to absolve Israel of all legal responsibilities as
an "occupying power"-while simultaneously retaining effective
military control over the Gaza Strip and its inhabitants."
"It
hopes to garner international support for retaining and even
expanding illegal colonies in the Occupied West Bank in exchange
for a withdrawal from Gaza. This strategy's success was most
apparent in the April 14, 2004 Bush-Sharon press conference
during which President Bush praised Sharon's withdrawal plan
and announced that "existing Israeli population centers" in
Occupied Palestinian Territory would become part of Israel in
any permanent status agreement." According to this same
analysis, the disengagement plan is "demographically motivated".
"Notwithstanding
the terms of the Plan, Israel will remain an occupying power
under international law after disengagement from Gaza and is
therefore bound by the obligations of an Occupying Power under
international customary law and the Fourth Geneva Convention."
"It will retain effective control" over the Gaza strip
and "will retain the ability to exercise authority over
the strip".
General Assembly, 59th session, statements
of representatives of both parties about the disengagement plan:
ISRAEL:
Silvan
shalom, Deputy Prime Minister of Foreign Affairs of Israel said:
"Israel is now planning to leave the Gaza Strip as a means
of enhancing security and establishing a new, more promising,
platform for a return to negotiations. We are in constant contact
with the donor community and the World Bank in a joint effort
to rebuild Gaza in the wake of Israel 's withdrawal".
PALESTINE:
Farouk Assaad Kaddoumi, Head of the Political Department of
the Palestine Liberation Organization (PLO) said: "To ensure the success of the Roadmap and the targeted destination,
that is a final and comprehensive settlement of the Israeli
Palestinian conflict by 2005, the plan also requires that Israel
"freezes settlement activity and withdraws from Palestinian
areas occupied since September 28. 2000." "In order to deviate
further away from the direct route to the tamed destination
Sharon declared that he was absolutely determined to carry out
DISENGAGEMENT in Gaza despite the Political problems within
his own party, Likud, because the party believes that the disengagement
conflicts with the Zionist aims of creeping annexation of Palestinian
territory Sharon's plan creates a situation where Israel will
have to leave the settlements BUT WILL STILL CONTROL everything
that enters and exists Gaza. It will tightly seal off Gaza and
block the only outlet for the Palestinian in Gaza from crossing
into and from neighboring Egypt".
"Despite
the fact that the International Court of Justice has unanimously
held that settlements are unlawful, settlement expansion has
substantially increased in the past year as has settler violence
towards Palestinians. To aggravate matters, Israel is now proceeding
with plans to incorporate the settlement of Ariel, 22 kilometers
inside Palestinian territory. This action is prohibited by the
International Court of Justice and cannot be reconciled with
the decision of the Israeli High Court itself".
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