Ali Kamel Darbaj

This research shows that the U.S. recognition of Israel’s sovereignty over the Golan Heights is a radical shift in U.S. policy regarding the ownership of lands seized by military force since the Second World War. It is also considered a new and implicit abandonment by Washington of its commitment as a guarantor of the post-war international order. Moreover, this recognition will set a precedent for other countries to militarily seize any lands they claim are vital to their strategic security. Crucially, this recognition does not have any legal effect. It is null and void, with no international value or legitimacy, and is a clear violation of the provisions of international law and international treaties, agreements, covenants, and norms. It also threatens international peace and security and incites other countries to seize illegally the lands of their neighbors. Furthermore, it is contrary to all resolutions that have been issued in a legitimate manner, including those issued by the United Nations obligating Israel to return these lands. The Golan is legally recognized internationally as occupied Syrian territory before and after this recognition. Since the right to self-determination is linked to peoples and not to states, Israel cannot confiscate this right under the pretext that “the Syrian state has engaged in an aggressive war against its people.”