NEWS & VIEWS
Trump's Illegal Proclamation Regarding Israel's Sovereignty in occupied Syrian Golan Heights
Grotius – Center for International Law and Human Rights
5 May 2019
News Update
Proclaiming Illegality: The Golan Heights and Trump’s Deficit of International Law
Today, Grotius – Center for International Law and Human Rights published a briefing about the American President’s proclamation of 25 March 2019 recognizing Israel’s sovereignty over the occupied Syrian territory the Golan Heights. The briefing includes a background on the conflict between Israel and Syria and an analysis of the presidential proclamation’s illegality.
On 25 March 2019 United States President Donald Trump issued a proclamation recognizing Israel’s sovereignty over the Golan Heights, a Syrian territory occupied by Israel during the 1967 war between the parties. Trump’s proclamation is a violation of basic and fundamental principles of international law, particularly the right of states for territorial integrity stipulated in article 2(4) of the United Nations Charter and the inadmissibility of acquiring territory by force emphasized in United Nations Security Council resolution 242 of 22 November 1967 adopted unanimously shortly after the end of the war between the parties. The substance of Trump’s proclamation lacks any basis in American law as well, constitutional or otherwise.
In December 1981 Israeli parliament legislated the Golan Heights Law which applied Israeli “law, jurisdiction, and administration” to the Golan Heights, practically annexing the territory. U.N. Security Council resolution 497 of 17 December 1981 declared unanimously the Israeli law “null and void without international legal effect.” The Reagan Administration at the time suspended strategic pact and arms deal with Israel protesting the country’s conduct.
Similar to Trump’s proclamation of 6 December 2017 recognizing Jerusalem as the capital of Israel and relocating the U.S. Embassy to the city, also regarding the Golan Heights proclamation he has not applied proper consultation procedures and disregarded relevant diplomatic channels, including the U.S. Department of State.
The international community overwhelmingly opposed Trump’s proclamation regarding the Golan Heights affirming its status as an occupied territory by Israel. The opposition included U.N. Secretary General, U.N. Security Council members except for the United States, and the Arab League.
For additional information, please contact:
Marwan Dalal, Executive Director