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In recent years, debates surrounding the legitimacy of the State of Israel have intensified across Western societies, including Australia. These debates often appear in discussions about antisemitism, Middle Eastern politics, and the Israeli–Palestinian conflict. At the heart of many of these controversies lies a deeper issue: the attempt to delegitimise Israel itself.

Dr Andrew Lothian has written a detailed submission to the Australian Royal Commission into Antisemitism and Social Cohesion which explores these themes, arguing that many modern criticisms of Israel go beyond policy disagreements and instead challenge the very right of the Jewish state to exist. Understanding this debate requires examining historical claims, international legal developments, and the narratives that shape modern political discourse.

This article summarises Andrew’s excellent submission to the Australian Royal Commission into Antisemitism and Social Cohesion. You can read the full submission via this link.

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Delegitimisation and Modern Antisemitism

Delegitimisation refers to the process of portraying a people or nation as fundamentally illegitimate—undeserving of recognition, rights, or even existence. Historically, the Jewish people experienced such treatment in extreme form during the 1930s in Europe, when Jews were progressively excluded from society before facing persecution and genocide.

Today, some analysts argue that a similar dynamic appears in certain political movements targeting Israel. Criticism of Israeli government policies is common and legitimate in democratic societies. However, critics say the line is crossed when Israel alone is singled out for elimination, boycott, or isolation while other nations are judged by different standards.

In this context, antisemitism is sometimes expressed, not through hostility toward individual Jews, but through attempts to dismantle the legitimacy of the Jewish state itself.

Israel and the Question of Indigenous Identity

A central claim in debates about Israel concerns whether the Jewish people are indigenous to the land or whether the modern state represents a colonial project.

Historically, the Jewish people trace their origins in the land of Israel back more than 3,000 years. Biblical texts describe the patriarch Abraham and his descendants inhabiting the region, and archaeological evidence confirms the existence of ancient Jewish kingdoms in the land. Over centuries, Jewish populations were conquered and partially dispersed by empires such as the Romans, leading to a long global diaspora.

Despite this dispersion, Jewish communities maintained a continuous cultural, religious, and historical connection to the land. For centuries, Jewish prayers, liturgy, and festivals referred to Jerusalem and the hope of returning to Zion.

We need to recognise that Jewish immigration to the region in the 19th and early 20th centuries represented not colonisation, but the return of an indigenous people to their ancestral homeland.

Land Purchases and Early Jewish Settlement

Long before the establishment of the State of Israel in 1948, Jewish communities were already purchasing land and building agricultural settlements in what was then known as Palestine.

Beginning in the late 1800s, organisations such as the Jewish National Fund helped facilitate land purchases from private owners, including Arab landholders and absentee landlords. These purchases led to the development of farms, towns, and communal settlements such as kibbutzim.

These early Jewish communities formed the foundation of the modern Israeli economy and infrastructure. This land, often ‘useless’ swamps, was acquired through legal purchase rather than conquest. The Jewish communities transformed the land into vibrant farms and cities.

The International Legal Foundations of Israel

Beyond historical and religious claims, Israel’s establishment also rests on significant international legal developments.

One of the earliest milestones was the Balfour Declaration. Issued by the British government during World War I, the declaration expressed support for the establishment of a “national home for the Jewish people” in Palestine while also affirming that the rights of existing non-Jewish communities should not be harmed.

Following the war, the League of Nations incorporated this principle into the British Mandate for Palestine, effectively giving international recognition to the idea of a Jewish national home. The principle was later incorporated into the Charter of the United Nations, giving Israel permanent legal legitimacy.

In 1947, the United Nations proposed a partition plan that would divide the territory into two states—one Jewish and one Arab. Jewish leaders accepted the plan, while Arab leaders rejected it. When Israel declared independence in 1948, neighbouring Arab states invaded, triggering the first Arab-Israeli war (the war of independence).

This sequence of events demonstrates that the Jewish state emerged through international recognition and defensive war rather than unilateral conquest.

Refer to this article for a discussion of who the invaders are.

Who Are the Palestinians?

Another major issue in modern debates concerns Palestinian national identity.

Palestinian Arabs share cultural, linguistic, and historical ties with the broader Arab world. During the Ottoman Empire, the region was part of larger administrative provinces rather than a distinct nation-state. Palestinian nationalism developed largely during the 20th century, particularly during the British Mandate period.

Up until 1964, the term Palestinian meant Jewish people, not Arabs. It was only after Yasser Arafat and the KGB came up with the PLO that the term Palestinian took on an Arab meaning.

Today, Palestinians seek self-determination and statehood in the territories of the West Bank and Gaza. However, the political situation is complicated by divisions between different Palestinian factions, including the militant organisation Hamas, which governs Gaza and openly calls for Israel’s destruction. Other Iranian-backed organisations like Hezbollah, ISIS, PIJ, etc are also calling for the total destruction of the Jewish state of Israel and the genocide of the Jews.

These internal divisions have made peace negotiations extremely difficult, in fact, nigh on impossible.

The Refugee Issue and UNRWA

The Palestinian refugee question remains one of the most contentious aspects of the conflict.

After the 1948 war, hundreds of thousands of Arabs left or fled areas that became part of Israel. Many settled in neighbouring countries or refugee camps. Unlike other refugee populations around the world, however, Palestinian refugees have been served by a unique United Nations agency, the UNRWA.

UNRWA’s policies—particularly the inheritance of refugee status by descendants—have expanded the refugee population from roughly 700,000 in 1948 to nearly 6 million today. This has entrenched the refugee issue rather than resolving it. UNRWA staff have been found to be complicit in terrorist activities, including the October 7^th massacre.

The “Genocide” and “Apartheid” Accusations

In recent years, activists and some governments have accused Israel of genocide or apartheid in its treatment of Palestinians.

These accusations are easily debunked. Israel’s Arab citizens—who make up about 20% of the population—have voting rights, representation in parliament, and access to the courts. In additions Israel has repeatedly offered territorial compromises in pursuit of peace.

Regarding claims of genocide, critics note that the Palestinian population in Gaza and the West Bank has grown significantly over recent decades. They argue that while the conflict has caused immense suffering, it does not meet the legal definition of genocide under international law. Hamas, Hezbollah, PIJ, etc are fully responsible for the current conflict.

Refer to this article for a better understanding of the Palestinian position regarding the existence of Israel.

Australia’s Relationship with Israel

Australia has historically maintained strong diplomatic relations with Israel. Cooperation spans defence, technology, agriculture, and medical research.

At the same time, Australian society—like many Western democracies—has experienced increasing tensions surrounding Middle Eastern politics. Universities, activist groups, and social media have become arenas where narratives about Israel and Palestine compete intensely.

These debates raise broader questions about how criticism of Israel intersects with antisemitism and how democratic societies can maintain social cohesion while allowing open political discussion.

A Continuing Global Debate

The legitimacy of Israel remains one of the most contested political questions of the modern era. The Jewish state represents the restoration of an ancient people to their historic homeland, supported by international law and decades of nation-building.

Understanding the complexity of these competing narratives is essential for informed public debate. While strong disagreements will undoubtedly continue, careful attention to history, law, and facts remains vital for any meaningful conversation about the future of Israel, Palestine, and peace in the Middle East.

Our prayer is:

Heavenly Father, God of Abraham, Isaac, and Jacob,

We lift before You the land of Israel and the city of Jerusalem, as Your Word commands us to pray for the peace of Jerusalem (Psalm 122:6). You are the covenant-keeping God, faithful through every generation.

Yeshua Hamaschiach, Lord Jesus, Prince of Peace, stretch out Your hand over Israel. Protect her people from violence and fear. Guard her borders, comfort the grieving, strengthen the weary, and give wisdom and integrity to her leaders.

We also pray for all who dwell in the land — that hearts would turn from hatred to hope, from vengeance to reconciliation. Pour out Your Spirit, bringing repentance, truth, and the knowledge of the Messiah.

May righteousness and justice flow through the land. May the God of Israel be glorified, and may Your peace — not as the world gives — rest upon Jerusalem and all her inhabitants.

B’shem Yeshua (In the name of Jesus), Amen.

Hebrew: עם ישראל חי (Am Yisrael Chai) – Meaning: The people of Israel live.

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