TheGolan Heights Law (Hebrew:חוק רמת הגולן,romanized: Khok Ramat HaGolan) is theIsraeli law which applies Israel's government and laws to theGolan Heights. It was ratified by theKnesset by a vote of 63–21, on 14 December 1981.[1] Although the law did not use the term, it was considered by the international community and some members of the Israeli opposition as anannexation of the territory and illegitimate.[2][3]
TheGolan Heights is a geographic area in southwesternSyria. TheDruze are a ethnoreligious community with a strong presence in the Golan Heights, thenorth of Israel, and thesouth of Syria. The Heights have been continuously militarily occupied byIsrael since Israel's victory over an Arab coalition that included Syria in the 1967Six-Day War. TheIsraeli occupation and annexation has been repeatedlycondemned by theUnited Nations and the international community.[4] Since its occupation began, the Israeli government has promotedIsraeli settlements in the Golan Heights, with around 7000 settlers present by 1981.[5] In February 1981, a poll byThe Jerusalem Post found that 68,3% of Israelis supported the occupation of the Heights.[6]
In 1979, Israel signed apeace treaty withEgypt, which included Israeli withdrawal from theSinai Peninsula, which had also been occupied following theSix-Day War.
In March 1981, the far-rightTehiya party presented a bill to theKnesset calling for Israel to annex the Golan Heights. The bill was defeated by 45 to 14, with 5 absentions and 56 MKs not present at the vote. Most MKs of theLikud-ledgovernment coalition, including Israeli Prime MinisterMenachem Begin, voted against the bill.Minister of Agriculture Ariel Sharon and Foreign Affairs and Security Committee chairMoshe Arens, however, voted in favour of the bill.[7] In June 1981, the1981 Israeli legislative election was held, resulting in the Likud-led coalition under Begin retaining power and forming theNineteenth government of Israel.[8]
The three broad provisions in the Golan Heights Law are the following:
Signed:
On the morning of 14 December, Israeli Prime MinisterMenachem Begin, who had recently been discharged from theHadassah Medical Center for a broken hip, convened theIsraeli government at his home for a special cabinet session.[9] In the session, Begin presented the legislation to annex the Golan Heights. The legislation was approved by the cabinet.
Begin subsequently presented the bill to theKnesset in the afternoon of 14 December. In his speech to the Knesset, Begin claimed that there was a "nearly universal national consensus" in Israel on the question of the Golan Heights, pledging that "Israel will not descend from the Golan Heights and will not remove a single settlement."[10] Begin further justified the bill by saying that Israel could not "wait for an unlimited period of time for a sign from the Syrians that they are prepared to talk with us about peace," and that the bill was necessary for historical, security, and "moral-political" purposes.[10] Begin further stated that "no one will push us back to the borders of June 4, 1967 — those borders of bloodshed, provocation and aggression."[11]
All threereadings of the legislation were carried out on the same day, an unusually fast-paced legislative process. The attempt to rush the bill through theKnesset proved immediately controversial, with theIsraeli Labor Party announcing that it intended to boycott the votes.[12]
However, the bill was ultimately passed in theKnesset on 14 December with a majority of 63 in favour to 21 against.[1] Left-wing partyHadash and liberal partyShinui voted against. SomeIsraeli Labor Party MKs ultimately participated in the vote, with 7 voting against the bill and 10 voting in favour.[12]
Following the vote, IsraeliChief of the General StaffRafael Eitan cut short a visit to Egypt, and ordered soldiers in northern Israel and the Golan Heights to high alert.[11]
The law led to widespread protests by theDruze community in the Golan heights.[13] On 17 December, the Druze community in the Heights launched a three-daygeneral strike in protest against the law.[14] The leaders of the Druze community wrote a letter to IsraeliPrime MinisterMenachem Begin that they were "first of all Syrian Arabs," warning that they "do not intend to act against the state's security, but we will resist if you force us to be Israeli citizens."[15] In early 1982, the1982 Golan Heights Druze general strike was held, lasting for five months and resulting in an Israeli blockade of Druze towns in the Heights.[16][17]
Israeli settlers in the Heights celebrated the law.[12]
Substantially, the law has mainly been criticized for potentially hindering futurenegotiations with Syria.[citation needed] Uzi Benziman ofHaaretz stated that the law "is liable to pull the rug out from under Israel's primary political foundation - theCamp David Accords."[18]
Yitzhak Rabin of theIsraeli Labor Party, who had served as Israeli Prime Minister from 1974 to 1977, and would later serve a second term from 1992 to 1995, stated that he opposed the timing of the law, but that he agreed that "the Golan Heights must be part of Israel and that even in a Syrian-Israeli peace treaty Israel should not go down from them."[19] The Labor MKs who defied the party boycott were not disciplined.[3] TheKnesset voted against a motion of no confidence in Begin's government over the law by 57 to 47.[20]
Minister of Defence Ariel Sharon stated that Israel was "forced to pass the annexation law to make it clear to Washington that we will not return to the indefensible 1967 lines."[21]
Jewish Agency for Israel chair Rafael Kotlowitz called for the law to "kindle the spark ofaliyah among diaspora youth," pledging that the Agency would "bring the word of the new law to the diaspora as a challenge and as a national goal, and we will do all we can to channel new olim to the Golan."[22]Permanent Representative of Israel to the United Nations Yehuda Zvi Blum described the law as necessary "to regularize the situation" in the Golan Heights, saying that "all daily life on the Golan Heights, both of the Israeli residents and the Druze inhabitants, is with Israel."[23] Israeli consul-general in New York CityNaphtali Lau-Lavie stated that Israel could not "sit idly and not give its citizens and settlements on the Golan Heights the same civilian and juridical status that any other citizens now have."[24]
While the Israeli public at large, and especially the law's critics, viewed it as anannexation, the law avoids the use of the word. Prime MinisterMenachem Begin responded toAmnon Rubinstein's criticism by saying, "You use the word 'annexation.' I do not use it," and noting that similar wording was used in a 1967 law authorizing the government to apply Israeli law to any part of theLand of Israel.[citation needed]
The law provoked strong international criticism and was not recognised internationally.[25][3] On 17 December 1981, theUnited Nations Security Council unanimously and without abstentions passedResolution 497 deeming the law "null and void and without international legal effect."[26][27]
TheEuropean Economic Community described the law as "tantamount to annexation and contrary to international law and therefore invalid in our eyes," adding that it was "bound to complicate further the search for a comprehensive settlement."[28] British Prime MinisterMargaret Thatcher condemned the law, stating that "I say with the sorrow of a friend that this latest move is harmful to the search for peace."[29] The French government released a statement condemening the law as "contrary to international law and United Nations Resolutions on the subject," while FrenchForeign Minister Claude Cheysson stated that "the annexation is unacceptable. We can do nothing but condemn it."[30]
Singaporean newspaperThe Straits Times described the law in an editorial as "only the latest in a series of dramatic moves by Israeli Prime Minister Begin which have lost the country much international sympathy," warning that it would "jeopardise the present unsteady search for a Middle East peace."[31] Vatican City newspaperL'Osservatore Romano described the law as "a disturbance and hindrance" of the Middle East peace process, accusing the Israeli government of "contradictions of one who, on the one hand accuses others of closing themselves into positions of refusal, and on the other, accumulates faits accomplis not sanctioned by international law which aggravate an already difficult situation."[32]
American presidentRonald Reagan stated that the law "increased the difficulty of seeking peace," but that "we continue to be optimistic."[33] The government of the United States temporarily suspended theStrategic Cooperation Agreement that it had signed with Israel in November 1981 over the law.Spokesperson for the United States Department of State Dean E. Fischer stated that the law was passed without consulting the United States, saying that "we are particularly disappointed that the Government of Israel took this action just as we were facing a seriouspolitical crisis in Poland and only a few weeks after we signed a Memorandum of Understanding on Strategic Cooperation."[34] The IsraeliMinistry of Foreign Affairs subsequently claimed that former American presidentGerald Ford had told the Israeli government that the United States would support annexation.[35]
American Jewish Congress directorHenry Siegman condemned the suspension of the Agreement, calling it an "intemperate response to Israel's decision to formalize her administrative jurisdiction over the Golan Heights."[34]Conference of Presidents of Major American Jewish Organizations chairHoward Squadron accused the American government of having "joined the lynch mob at the UN in supporting the Soviet satellite Syria — a state that refuses to make peace (with Israel) — while punishing our friend and ally, Israel."[36]Zionist Organization of America president Joseph Sternstein described the law as "a necessary and just step," saying that it "will quickly stabilize the situation on the Golan Heights."[36] TheNew Jewish Agenda condemned the law, calling for "a land of peace, not a piece of land."[36]
David K. Shipler ofThe New York Times stated that the law would have the effect of "cutting down the options for future territorial compromise with the Arabs" and that "withdrawal from land now considered Israel's own would be psychologically more difficult, and especially so if Israeli civilian development spreads more deeply into the region. There are now 31 Jewish settlements there, with a population of about 7,000."[18]
The Golan Heights Druze have held annual demonstrations in February commemorating the general strike against the law.[37][13]
In February 2018, thePrime Minister of IsraelBenjamin Netanyahu stated that "the Golan Heights will remain Israel's forever",[38] after his political rivalYair Lapid called on theinternational community to recognize Israelisovereignty over the Golan Heights two months earlier.[39] On March 25, 2019, the United Statesrecognized the Golan Heights as sovereign Israeli territory[40] while the UN reaffirmed that the "..status of Golan has not changed".[41]