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David K. Rees
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Trump’s peace proposal is illegal under Israeli law

Trump’s peace proposal is illegal under Israeli law, something Netanyahu must know.

Paragraph 9 of Trump’s Peace Proposal  states in relevant part:
“9. Gaza will be governed under the temporary transitional governance of a technocratic, apolitical Palestinian committee, responsible for delivering the day-to-day running of public services and municipalities for the people in Gaza. This committee will be made up of qualified Palestinians and international experts, with oversight and supervision by a new international transitional body, the “Board of Peace,” which will be headed and chaired by President Donald J. Trump, with other members and heads of state to be announced, including former prime minister Tony Blair. This body will set the framework and handle the funding for the redevelopment of Gaza . . . . as outlined in various proposals, INCLUDING  . . . . THE SAUDI- FRENCH PROPOSAL . (CAPS MINE). . . .
The Saudi-French proposal was written in 2025.  It states in relevant part:

” 7. Settlements, annexation and rule of law

We call on Israel to cease all settlement expansion and annexation measures in the occupied Palestinian territory, INCLUDING EAST JERUSALEM (CAPS MINE) , and to reverse policies that undermine the viability of a two-state solution. We urge respect for the rule of law and protection of civilians. (CAPS MINE).

Under United Nations Security Resolution 2334, everything beyond the 1967 armistice line (the Green line,) constitutes an illegal settlement.  The same is true of the Arab League Peace Plan (2002).

East Jerusalem has been annexed into the city of Jerusalem and is unquestionably part of Israel.  A Basic Law passed by the Knesset 1n 2018 requires an 80-member supermajority  in the Knesset (i.e. two-thirds of the 120 MKs) to alter the provisions concerning Jerusalem’s borders or to transfer authority over land in Jerusalem to a foreign power.

Since the Trump peace proposal has never been submitted to the Knesset for a vote (much less passed by a supermajority), it is blatantly illegal under Israeli law and Netanyahu did not have the authority to enter into it on Israel’s behalf.

About the Author
Before making Aliyah from the United States, I spent over three decades as a lawyer in the United States. My practice involved handling many civil rights cases, including women's- rights cases, in State and Federal courts. I handled numerous constitutional cases for the ACLU and argued one civil rights case in the United States Supreme Court. I chaired the Colorado Supreme Court's Committee on the Rules of Criminal Procedure and served on the Colorado Supreme Court's Civil Rules and Rules of Evidence Committees. Since much of my practice involved the public interest, I became interested in environmental law and worked closely with environmental organizations, including the Environmental Defense Fund (EDF). I was on the Rocky Mountain Board of EDF. I received an award from the Nebraska Sierra Club as a result of winning a huge environmental case that was referred to me by EDF. I also developed significant knowledge of hazardous and radioactive waste disposal. I was involved in a number of law suits concerning waste disposal, including a highly-political one in the United States Supreme Court which involved the disposal of nuclear waste. As I child I was told by my mother, a German, Jewish refugee who fled Nazi Germany, that Israel was a place for her and her child. When I first visited Israel many years later, I understood what she meant. My feeling of belonging in Israel caused me to make Aliyah and Israel my home. Though I am retired now, I have continued my interest in activism and the world in which I find myself.
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