Many years ago (1968) I was a classmate of Mark Noll, who became a famous Christian historian. I asked him the basis of International Law since we did not elect an international legislature. He responded that it is based in the treaties and accords that nations approve and then has to be enforced by the United Nations, as the one body that can enforce international agreements. This enforcement is from the Security Council. Without enforcement, there is little that can be done for violations.
Donald Trump’s recent recognition of Israel’s sovereignty in the Golan Heights provoked a response from other nations, namely that Israel’s annexation of the Golan was contrary to International Law. This is debated, and I won’t give an analysis of the controversies on International Law on this issue. Here is a little history, however.
In the history of the relationship of nations and wars, if a nation had power to conquer and keep territory, they had the right to rule. The protection of nations was based on their ability to defend themselves or enter into alliances whereby they could be protected against the conquering of other nations. Sometimes they submitted as a vassal of one nation to protect them from another. If a nation gained territory in a defensive war, no one would begrudge them gaining territory as punishment for the nation that sought to conquer them. And the conquered could rebel against the conquers. The genocides in wars in ancient China and India are terrible accounts, but they prevented the rebellion of the conquered.
After World War Two, many nations entered into agreement to fix the status quo of nations, their borders or territorial integrity. Even if a nation gained territory in a defensive war, they were to return the the territory for peace. Yet many times the nations created by the victorious powers, especially after World War I in the middle east, were unstable and though borders were drawn, they were not always good and rational borders. Germany shrank after World War I, and Poland grew! After World War II, nations ignored such international norms and conquered others in offense wars; China in Tibet, North Korea to South Korea, and Turkey in Northern Cyprus. We see the injustice of the Kurds in having their own nation, though they are a coherent group with clear territory. Syria and Iraq are artificial states.
When a nation gains territory in a defensive war, perhaps they need that territory for their future security. This is true for at least part of the West Bank, Judea and Samaria, with regard to the heights and the Jordan Valley as well. It is very true of the Golan Heights where Syria reigned down artillery shells on the villages of the Sea of Galilee. With Iran in Syria and Syria divided, the time has come to say that Israel deserves this territory of the Golan Heightss. Syria would not make peace as part of its return over all these years. International Law is only as good as the ability to enforce it. International law should be revised to accept the punishment of the aggressor and their loss of territory if that territory is needed for the security of the defending state. Donald Trump has recognized Israel’s sovereignty on the Golan. It is just. Any such law that would declare it in violation is an unjust law. There will be no enforcement of any action against Israel in this. Donald Trump made the right decision. Israel originally conquered this area in the days of Moses!