In truth, the post-1967 descriptor “Palestinian”
-- like the descriptors “Texan” and “Californian” -- is merely geographical
rather than ethnic. This assertion is
ironically supported by the very language of the P.L.O. National Covenant of
1964, which rarely refers to its constituency as “the Palestinians” or as “the
Palestinian people” (precisely because the descriptor “Palestinian” was the
detested label by which the resident Jewish population had identified itself
during the Mandatory period), but instead almost always refers to its constituency
as “the Palestine Arab people” (e.g., Article 3) or “the people of Palestine”
(e.g., Articles 4, 13, 19 & 22) or “the Palestine people” (e.g., Articles
17, 21 & 25), thereby describing the latter’s connection to “Palestine”
almost exclusively in geographical rather than ethnic terminology. The only
consistent ethnic label used by the P.L.O. National Covenant of 1964 to
describe its constituency is the descriptor “Arab” (e.g., Articles 1, 3, 11,
12, 13, 14 & 25). Moreover, it is telling that when the P.L.O. National
Covenant of 1964 first employs the phrase “the Palestinian people” to describe
the “personality” of its constituency, it emphasizes that its use of such
descriptor constitutes only a temporary tactical ploy (see Article 11). Due to
the fact that the "Palestinians" are no more a distinct ethnic people
than are “Texans” or “Californians”, they do not have a legal right, historical
right or moral right -- in derogation of paramount Jewish rights to the Land of
Israel -- to establish a sovereign State within any portion of the Land in
order to express a distinct ethnic identity that does not -- and has never --
existed.
The bogus claim of “Palestinian” ethnicity is merely an elaborate (and -- thus far -- diplomatically successful) ruse to disguise the true pan-Arab and pan-Islamic goal, which is to dismember and then eradicate the Jewish nation-state ofIsrael .
Occasionally, even “Palestinian” leaders themselves publicly admit as much. As candidly stated by Zahir Muhsein, then head of the Palestine Liberation Organization's Military Department and a member of its Executive Committee:
“The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the State of Israel for our Arab unity. In reality, Today, there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak, Today, about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct Palestinian people to oppose Zionism. For tactical reasons,Jordan -- which is a sovereign state with defined borders --
cannot raise claims to Haifa and Jaffa . While, as a Palestinian, I can undoubtedly demand Haifa , Jaffa , Beer-Sheva
and Jerusalem . However, the moment we reclaim our right to all of Palestine , we will not wait even a minute to unite Palestine and Jordan .”(Excerpt from interview given to Amsterdam-based
newspaper “Dagblad de Verdieping Trouw”, March 31, 1977).
And, as subsequently declared by Azmi Bishara, an “Israeli” Arab professor of philosophy and cultural studies who later became the leader of Balad, an “Israeli” Arab political party that was elected to the Knesset based upon its anti-Israel platform:
“Well, I do not think there is a ‘Palestinian’ nation at all. I think there is an Arab nation. I always thought so, and I did not change my mind. I do not think there is a ‘Palestinian’ nation. I think it is a colonialist invention -- a ‘Palestinian’ nation. When were there any ‘Palestinians’? Where did it come from? I think there is an Arab nation. I never turned out to be a ‘Palestinian’ nationalist, despite my decisive struggle against the Occupation. I think that until the end of the 19th century,Palestine was the south of Greater Syria.” (Excerpt from
televised interview given to Yaron London of Israel-based Channel 2 TV, circa
1999)
More recently, the in authenticity of “Palestinian” ethnicity was publicly reiterated -- due to economic necessity -- by Fathi Hammad, then Hamas’ Minister of the Interior and of National Security, as part of his demand that Egypt provide more diesel fuel to Hamas-ruled Gaza, with clarifications in brackets:
“Allah be praised, we all have Arab roots; and every Palestinian, in Gaza and throughout Palestine, can prove his Arab roots -- whether from Saudi Arabia, from Yemen, or anywhere. We have blood ties. So where is your affection and mercy? . . . Personally, half my family is Egyptian. We are all like that. More than 30 families in the Gaza Strip are called [by the last name] al-Masri [meaning: “the Egyptian”]. Brothers, half of the Palestinians are Egyptians and the other half are Saudis. Who are the Palestinians? We have many families called al-Masri, whose roots are Egyptian. Egyptian! They may be fromAlexandria , from Cairo , from Dumietta, from the North, from Aswan , from Upper
Egypt . We are Egyptians. We
are Arabs. We are Muslims. We are a part of you.” (Excerpt from speech aired on
Egypt-based Al-Hekmah TV, March 23, 2012 )
In this context, it is noteworthy that, more than 3,000 years ago, God declared to Moses: "They [Children of Israel] provoked Me with a non-god, angered Me with their vanities; so shall I provoke them with a non-people, with a vile nation shall I anger them." (Deuteronomy 32:21)
In sum, the unending deluge of public declarations by the gentile nations (and by the international organizations through which they interact) that portions of the Land of Israel are actually the “Occupied Palestinian Territories”, as well as the general hostility and ostracism experienced by Israel in all manner of international forums, has nothing to do with international law and everything to do with international politics, which, in Israel’s case, is propelled by a toxic mixture of Jew-hatred and economic self-interest. InIsrael ’s case, international law has been so dismembered by
international politics that its precepts have been habitually distorted in
order to protect and reward the defeated Aggressors and to deter and punish the
undefeated Victim. Therefore, it is hardly surprising that, in an attempt to
adorn the ongoing War against Zionism with a veneer of diplomatic legitimacy,
the international community willfully falsifies and thereby willfully subverts
international law.
Accordingly, despite the layers of falsehoods, half-truths and distortions that have encrusted this subject matter over many past decades, international law remains Today as it was in 1920:
All of cis-Jordania (as well as theGolan Heights
portion of trans-Jordania) collectively belongs exclusively to the Jewish
people.
Consequently, in reality, it is the Arab population thereof -- being the descendants of the massive 7th Century colonialist Islamic invasion force emanating from ancient Arabia -- which is occupying Jewish Land.
However, if the World were to complain that Israel's possession of Judea, Samaria, and the eastern portion of Jerusalem (and formerly of Gaza), even if lawful, nevertheless deprives the “Palestinian” Arab population thereof of a separate independent homeland, then the World should be reminded that the modern State of Jordan (its precursor having been rendered Judenrein by the British Mandatory authorities in 1922) -- constituting 77% of former Mandatory Palestine and, in consequence thereof, overwhelmingly comprised of a “Palestinian” Arab population -- is already that separate independent homeland.
The bogus claim of “Palestinian” ethnicity is merely an elaborate (and -- thus far -- diplomatically successful) ruse to disguise the true pan-Arab and pan-Islamic goal, which is to dismember and then eradicate the Jewish nation-state of
Occasionally, even “Palestinian” leaders themselves publicly admit as much. As candidly stated by Zahir Muhsein, then head of the Palestine Liberation Organization's Military Department and a member of its Executive Committee:
“The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the State of Israel for our Arab unity. In reality, Today, there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak, Today, about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct Palestinian people to oppose Zionism. For tactical reasons,
And, as subsequently declared by Azmi Bishara, an “Israeli” Arab professor of philosophy and cultural studies who later became the leader of Balad, an “Israeli” Arab political party that was elected to the Knesset based upon its anti-Israel platform:
“Well, I do not think there is a ‘Palestinian’ nation at all. I think there is an Arab nation. I always thought so, and I did not change my mind. I do not think there is a ‘Palestinian’ nation. I think it is a colonialist invention -- a ‘Palestinian’ nation. When were there any ‘Palestinians’? Where did it come from? I think there is an Arab nation. I never turned out to be a ‘Palestinian’ nationalist, despite my decisive struggle against the Occupation. I think that until the end of the 19th century,
More recently, the in authenticity of “Palestinian” ethnicity was publicly reiterated -- due to economic necessity -- by Fathi Hammad, then Hamas’ Minister of the Interior and of National Security, as part of his demand that Egypt provide more diesel fuel to Hamas-ruled Gaza, with clarifications in brackets:
“Allah be praised, we all have Arab roots; and every Palestinian, in Gaza and throughout Palestine, can prove his Arab roots -- whether from Saudi Arabia, from Yemen, or anywhere. We have blood ties. So where is your affection and mercy? . . . Personally, half my family is Egyptian. We are all like that. More than 30 families in the Gaza Strip are called [by the last name] al-Masri [meaning: “the Egyptian”]. Brothers, half of the Palestinians are Egyptians and the other half are Saudis. Who are the Palestinians? We have many families called al-Masri, whose roots are Egyptian. Egyptian! They may be from
In this context, it is noteworthy that, more than 3,000 years ago, God declared to Moses: "They [Children of Israel] provoked Me with a non-god, angered Me with their vanities; so shall I provoke them with a non-people, with a vile nation shall I anger them." (Deuteronomy 32:21)
In sum, the unending deluge of public declarations by the gentile nations (and by the international organizations through which they interact) that portions of the Land of Israel are actually the “Occupied Palestinian Territories”, as well as the general hostility and ostracism experienced by Israel in all manner of international forums, has nothing to do with international law and everything to do with international politics, which, in Israel’s case, is propelled by a toxic mixture of Jew-hatred and economic self-interest. In
Accordingly, despite the layers of falsehoods, half-truths and distortions that have encrusted this subject matter over many past decades, international law remains Today as it was in 1920:
All of cis-Jordania (as well as the
Consequently, in reality, it is the Arab population thereof -- being the descendants of the massive 7th Century colonialist Islamic invasion force emanating from ancient Arabia -- which is occupying Jewish Land.
However, if the World were to complain that Israel's possession of Judea, Samaria, and the eastern portion of Jerusalem (and formerly of Gaza), even if lawful, nevertheless deprives the “Palestinian” Arab population thereof of a separate independent homeland, then the World should be reminded that the modern State of Jordan (its precursor having been rendered Judenrein by the British Mandatory authorities in 1922) -- constituting 77% of former Mandatory Palestine and, in consequence thereof, overwhelmingly comprised of a “Palestinian” Arab population -- is already that separate independent homeland.
Then the solution is
to ask Egypt and Saudi Arabia to give some land
south of Israel to the Palestinian
Arabs to have their own country. Those Arabs that shan't to leave Israel can and those who
want to stay Israeli citizens can. Even ask Israel to move the Mosque in
Jerusalem to their new country. Just leave Israel in peace!!!
Art Hecht The
Palestinians already have their own country. It is called Jordan . However, if they
want additional land, your solution may just well work. Then there will be two
Palestinian countries, which is OK, if the Palestinians accept that as the
final solution.
Article 26. The Liberation Organization
cooperates with all Arab Governments, each according to its ability, and does
not interfere in the internal affairs of any Arab
State .
. . .
Since the P.L.O.’s original Covenant explicitly recognized the “West Bank” (i.e., Judea, Samaria, and the eastern portion of Jerusalem, including the Temple Mount) and Gaza as belonging to other Arab states, even declaring that the P.L.O. “does not interfere in the internal affairs of any Arab State”, the only "Arab homeland" of "Palestine" which that organization sought to "liberate" in 1964 was the State of Israel within its 1949 armistice demarcation lines. However, in response to the Jewish people's reclamation in the 1967 Six Day War of those illegally-occupied areas, the Palestine Liberation Organization thereupon revised its National Covenant on July 17, 1968 to, inter alia, remove the operative language of Article 24 there from, thereby reversing its prior declaration that those areas did not belong to "Palestine" and thereby -- for the first time -- asserting a "Palestinian" claim of sovereignty thereto. Being indisputably based upon the changing status of Jewish territorial reclamation, the “Palestinian” renunciation of sovereignty and subsequent cancellation of that renunciation demonstrate that the “nationalism” espoused by the “Palestinians” has nothing to do with their professed desire to create a State for themselves, and everything to do with their desire to dismantle the preexisting Jewish State.
It bears reiterating that the ancient Philistines, after whom the “Palestinians” have named themselves, were not even Arabs. Moreover, in light of “Palestinian” claims to aboriginal status, it is ironic and noteworthy that the English-language cognate words “Palestine” and “Philistine”, as well as the Arabic-language word “Filastin”, are all derived (via Latin and, before that, Greek) from the biblical Hebrew-language word “Pelishtim” (“Philistines”), whose literal meaning is: “Invaders”. It is indeed telling that the “Palestinians” have created for themselves a faux ethnic identity whose very name originates, not from their own Arabic language, but rather from the Hebrew language.
Lastly, even the quintessential symbol of the "Palestinian" people, namely, former P.L.O. chairman and former Palestinian Authority president Yasser Arafat, serves to prove its nonexistence. Arafat was an Egyptian national born in Cairo in 1929 -- some four decades before any assertion of the existence of an ethnically distinct "Palestinian" people -- who continued to live in Egypt through the creation of modern Israel (i.e., he is neither a "Palestinian" nor a refugee). Moreover, the first P.L.O. chairman, Ahmed Shukeiry, was a Saudi Arabian national.
. . .
Since the P.L.O.’s original Covenant explicitly recognized the “West Bank” (i.e., Judea, Samaria, and the eastern portion of Jerusalem, including the Temple Mount) and Gaza as belonging to other Arab states, even declaring that the P.L.O. “does not interfere in the internal affairs of any Arab State”, the only "Arab homeland" of "Palestine" which that organization sought to "liberate" in 1964 was the State of Israel within its 1949 armistice demarcation lines. However, in response to the Jewish people's reclamation in the 1967 Six Day War of those illegally-occupied areas, the Palestine Liberation Organization thereupon revised its National Covenant on July 17, 1968 to, inter alia, remove the operative language of Article 24 there from, thereby reversing its prior declaration that those areas did not belong to "Palestine" and thereby -- for the first time -- asserting a "Palestinian" claim of sovereignty thereto. Being indisputably based upon the changing status of Jewish territorial reclamation, the “Palestinian” renunciation of sovereignty and subsequent cancellation of that renunciation demonstrate that the “nationalism” espoused by the “Palestinians” has nothing to do with their professed desire to create a State for themselves, and everything to do with their desire to dismantle the preexisting Jewish State.
It bears reiterating that the ancient Philistines, after whom the “Palestinians” have named themselves, were not even Arabs. Moreover, in light of “Palestinian” claims to aboriginal status, it is ironic and noteworthy that the English-language cognate words “Palestine” and “Philistine”, as well as the Arabic-language word “Filastin”, are all derived (via Latin and, before that, Greek) from the biblical Hebrew-language word “Pelishtim” (“Philistines”), whose literal meaning is: “Invaders”. It is indeed telling that the “Palestinians” have created for themselves a faux ethnic identity whose very name originates, not from their own Arabic language, but rather from the Hebrew language.
Lastly, even the quintessential symbol of the "Palestinian" people, namely, former P.L.O. chairman and former Palestinian Authority president Yasser Arafat, serves to prove its nonexistence. Arafat was an Egyptian national born in Cairo in 1929 -- some four decades before any assertion of the existence of an ethnically distinct "Palestinian" people -- who continued to live in Egypt through the creation of modern Israel (i.e., he is neither a "Palestinian" nor a refugee). Moreover, the first P.L.O. chairman, Ahmed Shukeiry, was a Saudi Arabian national.
The Jewish right of settlement in the West
Bank is conferred by the same
provisions of the Mandate under which Jews settled inHaifa , Tel Aviv, and
Jerusalem before the State of Israel was created. The Mandate
for Palestine differs
in one important respect from the otherLeague of Nations mandates, which were
trusts for the benefit of the indigenous population. The Palestine Mandate,
recognizing "the historical connection of the Jewish people with Palestine and the
grounds for reconstituting their national home in that country," is dedicated to
"the establishment in Palestine of a national home for the Jewish people, it being
clearly understood that nothing should be done which might prejudice the civil
and religious rights of existing non-Jewish communities in Palestine, or the rights
and political status enjoyed by Jews in any other country."
provisions of the Mandate under which Jews settled in
in one important respect from the other
trusts for the benefit of the indigenous population. The Palestine Mandate,
recognizing "the historical connection of the Jewish people with Palestine and the
grounds for reconstituting their national home in that country," is dedicated to
"the establishment in Palestine of a national home for the Jewish people, it being
clearly understood that nothing should be done which might prejudice the civil
and religious rights of existing non-Jewish communities in Palestine, or the rights
and political status enjoyed by Jews in any other country."
The Mandate qualifies the
Jewish right of settlement and political development in Palestine in only one respect. Article 25 gave Great Britain and the League Council discretion to
"postpone" or "withhold" the Jewish people's right of
settlement in the Tran Jordanian province of Palestine -now the Kingdom of Jordan -if
they decided that local conditions made such action desirable. With the divided
support of the council, the British took that step in 1922.
The Mandate does not,
however, permit even a temporary suspension of the
Jewish right of settlement in the parts of the Mandate west of theJordan River . The
Armistice Lines of 1949, which are part of theWest Bank boundary, represent
nothing but the position of the contending armies when the final cease-fire was
achieved in the War of Independence. And the Armistice Agreements specifically
provide, except in the case ofLebanon , that the demarcation lines can be changed
by agreement when the parties move from armistice to peace. Resolution 242 is
based on that provision of the Armistice Agreements and states certain criteria
that would justify changes in the demarcation lines when the parties make peace.
Jewish right of settlement in the parts of the Mandate west of the
Armistice Lines of 1949, which are part of the
nothing but the position of the contending armies when the final cease-fire was
achieved in the War of Independence. And the Armistice Agreements specifically
provide, except in the case of
by agreement when the parties move from armistice to peace. Resolution 242 is
based on that provision of the Armistice Agreements and states certain criteria
that would justify changes in the demarcation lines when the parties make peace.
Many believe that the
Palestine Mandate was somehow terminated in 1947, when
the British government resigned as the mandatory power. This is incorrect. A trust
never terminates when a trustee dies, resigns, embezzles the trust property, or is
dismissed. The authority responsible for the trust appoints a new trustee, or
otherwise arranges for the fulfillment of its purpose. Thus in the case of the
Mandate for German South West Africa, the International Court of justice found
the South African government to be derelict in its duties as the mandatory power,
and it was deemed to have resigned. Decades of struggle and diplomacy then
resulted in the creation of the new state ofNamibia , which has just come into
being. InPalestine the British Mandate ceased to be operative as to the
territories
ofIsrael and Jordan when those states were created and recognized by the
international community. But its rules apply still to theWest Bank and the Gaza
Strip, which have not yet been allocated either toIsrael or to Jordan or become an
independent state.Jordan attempted to annex the West Bank in 1951, but that
annexation was never generally recognized, even by the Arab states, and now
Jordan has abandoned all its claims to the territory.
the British government resigned as the mandatory power. This is incorrect. A trust
never terminates when a trustee dies, resigns, embezzles the trust property, or is
dismissed. The authority responsible for the trust appoints a new trustee, or
otherwise arranges for the fulfillment of its purpose. Thus in the case of the
Mandate for German South West Africa, the International Court of justice found
the South African government to be derelict in its duties as the mandatory power,
and it was deemed to have resigned. Decades of struggle and diplomacy then
resulted in the creation of the new state of
being. In
of
international community. But its rules apply still to the
Strip, which have not yet been allocated either to
independent state.
annexation was never generally recognized, even by the Arab states, and now
The State Department has
never denied that under the Mandate "the Jewish
people" have the right to settle in the area. Instead, it said that Jewish settlements
in theWest Bank violate Article 49 of the Fourth Geneva Convention of
1949,
which deals with the protection of civilians in wartime. Where the territory of one
contracting party is occupied by another contracting party, the Convention
prohibits many of the inhumane practices of the Nazis and the Soviets before and
during the Second World War-the mass transfer of people into or out of occupied
territories for purposes of extermination, slave labor, or colonization, for example.
people" have the right to settle in the area. Instead, it said that Jewish settlements
in the
which deals with the protection of civilians in wartime. Where the territory of one
contracting party is occupied by another contracting party, the Convention
prohibits many of the inhumane practices of the Nazis and the Soviets before and
during the Second World War-the mass transfer of people into or out of occupied
territories for purposes of extermination, slave labor, or colonization, for example.
Article 49 provides that the
occupying power "shall not deport or transfer part of
its own civilian population into the territory it occupies." But the Jewish settlers in
theWest Bank are volunteers. They have not been
"deported" or "transferred" by
the government ofIsrael , and their movement involves none of the atrocious
purposes or harmful effects on the existing population the Geneva Convention was
designed to prevent. Furthermore, the Convention applies only to acts by one
signatory "carried out on the territory of another." TheWest Bank is not the
territory of a signatory power, but an unallocated part of the British Mandate. It is
hard, therefore, to see how even the most literal-minded reading of the
Convention could make it apply to Jewish settlement in territories of the British
Mandate west of the Jordan River. Even if the Convention could be construed to
prevent settlements during the period of occupation, however, it could do no more
than suspend, not terminate, the rights conferred by the Mandate. Those rights
can be ended only by the establishment and recognition of a new state or the
incorporation of the territories into an old one.
its own civilian population into the territory it occupies." But the Jewish settlers in
the
the government of
purposes or harmful effects on the existing population the Geneva Convention was
designed to prevent. Furthermore, the Convention applies only to acts by one
signatory "carried out on the territory of another." The
territory of a signatory power, but an unallocated part of the British Mandate. It is
hard, therefore, to see how even the most literal-minded reading of the
Convention could make it apply to Jewish settlement in territories of the British
Mandate west of the Jordan River. Even if the Convention could be construed to
prevent settlements during the period of occupation, however, it could do no more
than suspend, not terminate, the rights conferred by the Mandate. Those rights
can be ended only by the establishment and recognition of a new state or the
incorporation of the territories into an old one.
As claimants to the
territory, the Israelis have denied that they are required to
comply with the Geneva Convention but announced that they will do so as a
matter of grace. The Israeli courts apply the Convention routinely, sometimes
deciding against the Israeli government. Assuming for the moment the general
applicability of the Convention, it could well be considered a violation if the
Israelis deported convicts to the area or encouraged the settlement of people who
had no right to live there (Americans, for example). But how can the Convention
be deemed to apply to Jews who have a right to settle in the territories under
international law: a legal right assured by treaty and specifically protected by
Article 80 of the U.N. Charter, which provides that nothing in the Charter shall be
construed "to alter in any manner" rights conferred by existing international
instruments" like the Mandate. The Jewish right of settlement in the area is
equivalent in every way to the right of the existing Palestinian population to live
there.
comply with the Geneva Convention but announced that they will do so as a
matter of grace. The Israeli courts apply the Convention routinely, sometimes
deciding against the Israeli government. Assuming for the moment the general
applicability of the Convention, it could well be considered a violation if the
Israelis deported convicts to the area or encouraged the settlement of people who
had no right to live there (Americans, for example). But how can the Convention
be deemed to apply to Jews who have a right to settle in the territories under
international law: a legal right assured by treaty and specifically protected by
Article 80 of the U.N. Charter, which provides that nothing in the Charter shall be
construed "to alter in any manner" rights conferred by existing international
instruments" like the Mandate. The Jewish right of settlement in the area is
equivalent in every way to the right of the existing Palestinian population to live
there.
Another principle of
international law may affect the problem of the Jewish
settlements. Under international law, an occupying power is supposed to apply the
prevailing law of the occupied territory at the municipal level unless it interferes
with the necessities of security or administration or is "repugnant to elementary
conceptions of justice." From 1949 to 1967, whenJordan was the military occupant
of theWest Bank , it applied its own laws to prevent any Jews from
living in the territory. To suggest that Israel as occupant is required to enforce such Jordanian
laws-a necessary implication of applying the Convention-is simply absurd. When
the Allies occupied Germany after the Second World War, the abrogation of the
Nuremberg Laws was among their first acts.
settlements. Under international law, an occupying power is supposed to apply the
prevailing law of the occupied territory at the municipal level unless it interferes
with the necessities of security or administration or is "repugnant to elementary
conceptions of justice." From 1949 to 1967, when
of the
The general expectation of
international law is that military occupations last a
short time, and are succeeded by a state of peace established by treaty or
otherwise. In the case of theWest
Bank , the territory was
occupied by Jordan
between 1949 and 1967, and has been occupied byIsrael since 1967. Security
Council Resolutions 242 and 338 rule that the Arab states and Israel must make
peace, and that when "a just and lasting peace" is reached in the Middle East, Israel
should withdraw from some but not all of the territory it occupied in the course of
the 1967 war. The Resolutions leave it to the parties to agree on the terms of peace.
short time, and are succeeded by a state of peace established by treaty or
otherwise. In the case of the
between 1949 and 1967, and has been occupied by
Council Resolutions 242 and 338 rule that the Arab states and Israel must make
peace, and that when "a just and lasting peace" is reached in the Middle East, Israel
should withdraw from some but not all of the territory it occupied in the course of
the 1967 war. The Resolutions leave it to the parties to agree on the terms of peace.
The controversy about Jewish
settlements in the West Bank is not, therefore, about
legal rights but about the political will to override legal rights. Is theUnited States
prepared to use all its influence inIsrael to award the whole of the West Bank to
Jordan or to a new Arab state, and force Israel back to its 1967 borders?
legal rights but about the political will to override legal rights. Is the
prepared to use all its influence in
Throughout Israel 's occupation, the Arab countries, helped by the United States ,
have pushed to keep Jews out of the territories, so that at a convenient moment, or
in a peace negotiation, the claim that theWest Bank is "Arab" territory could be
made more plausible. Some inIsrael favor the settlements for the obverse reason:
to reinforceIsrael 's claim for the fulfillment of the Mandate and of
Resolution 242
in a peace treaty that would at least divide the territory. For the international
community, the issue is much deeper and more difficult: whether the purposes of
the Mandate can be considered satisfied if the Jews finally receive only the parts of
Palestine behind the Armistice Lines-less than 17.5 percent of
the land promised
them after the First World War. The extraordinary recent changes in the
international environment have brought with them new diplomatic opportunities
for theUnited
States
and its allies, not least in the Middle
East . Soviet military aid
apparently is no longer available to the Arabs for the purpose of making another
war againstIsrael . The intifada has failed, and the Arabs' bargaining
position is
weakening. It now may be possible to take long steps toward peace. But to do so,
the participants in theMiddle
East negotiations-the United States , Israel , Egypt ,
and the PLO-will have to look beyond the territories.
have pushed to keep Jews out of the territories, so that at a convenient moment, or
in a peace negotiation, the claim that the
made more plausible. Some in
to reinforce
in a peace treaty that would at least divide the territory. For the international
community, the issue is much deeper and more difficult: whether the purposes of
the Mandate can be considered satisfied if the Jews finally receive only the parts of
them after the First World War. The extraordinary recent changes in the
international environment have brought with them new diplomatic opportunities
for the
apparently is no longer available to the Arabs for the purpose of making another
war against
weakening. It now may be possible to take long steps toward peace. But to do so,
the participants in the
and the PLO-will have to look beyond the territories.
The goal of Yitzhak Shamir's
election proposal is an interim regime of Arab
autonomy in part of theWest
Bank and the Gaza Strip in
accordance with the
Camp David Accords; the goal of the PLO is to establish a Palestinian Arab state in
the whole of the territories. It is hard to be sanguine about the possibility of
reconciling those positions through negotiations. Establishing a cooperative
relationship betweenIsrael and the Arabs who live in the occupied territories is
a
crucial part of thePalestine problem, but it is not the whole of it, and surely
not an
end in itself. The last thingIsrael wants is an Arab Bantustan. If the status of the
occupied territories is viewed in isolation, negotiation will be excruciatingly difficult, and every item on the agenda will be a tense and suspicious haggle on both sides.
autonomy in part of the
Camp David Accords; the goal of the PLO is to establish a Palestinian Arab state in
the whole of the territories. It is hard to be sanguine about the possibility of
reconciling those positions through negotiations. Establishing a cooperative
relationship between
crucial part of the
end in itself. The last thing
occupied territories is viewed in isolation, negotiation will be excruciatingly difficult, and every item on the agenda will be a tense and suspicious haggle on both sides.
The prospects for peace would
be less forbidding if the question were approached
as one element in a plan for achieving a larger goal: a confederation involving at
leastIsrael , Jordan , and the occupied territories. Membership could
perhaps be
open to poorLebanon as well, or parts of it. Even Syria , behind its ferocious words,
may be preparing to move toward peace.Syria and Israel have congruent interest
inLebanon and elsewhere, and neither country wants a state
dominated by the
PLO as a neighbor.
as one element in a plan for achieving a larger goal: a confederation involving at
least
open to poor
may be preparing to move toward peace.
in
PLO as a neighbor.
The idea of a Palestinian
confederation has been the recommendation of every
serious study of thePalestine problem for more than fifty years. It was the essence
of the partition proposals of the Peel Commission in 1936, and of the General
Assembly's 1947 partition plan, at least forIsrael and the West Bank . With
different boundaries, it was also the basic idea of Israel's 1967 peace offer, which
will always correspond to Israeli public opinion: Palestine divided into a Jewish
and an Arab state, united in a common market, with special arrangements for
Jerusalem and as much political cooperation as the traffic will bear. Before the
intifada started, it was the notion behind the de facto Israel/Jordanian
condominium for the West Bank, which was both effective and practical.
serious study of the
of the partition proposals of the Peel Commission in 1936, and of the General
Assembly's 1947 partition plan, at least for
different boundaries, it was also the basic idea of Israel's 1967 peace offer, which
will always correspond to Israeli public opinion: Palestine divided into a Jewish
and an Arab state, united in a common market, with special arrangements for
Jerusalem and as much political cooperation as the traffic will bear. Before the
intifada started, it was the notion behind the de facto Israel/Jordanian
condominium for the West Bank, which was both effective and practical.
After the past year's events
in Eastern Europe and the Soviet Union , who
can say that progress in the Middle
East is impossible?
"Occupation"
Myth:
"OCCUPATION". How many times
must we hear that again?! This harsh, loaded and damaging term has
unfortunately
worked its way into the daily discourse
about Israel to the point where people use it
automatically and without considering its ramifications. Use of this expression
serves the interests of Israel 's enemies by not only de-legitimizing the
Jewish claim to Judea and Samaria (a.k.a. liberated "occupied territories")
but by also weakening the Jewish claim to all of Israel , in its entirety. It throws into question
the legality and morality of Israeli sovereignty over pre-1967 Israel no less than it denies Israel 's right to the "West Bank ". More so, actually. Because when
you think about it, if the Jewish People have no claim to ancient Biblical
Shechem (Nablus ), the principal Samarian city intimately
linked to Jewish history ever since the time of Abraham, then a fortiori they
certainly cannot claim Tel Aviv, a modern day creation of no historical,
national or religious significance. From a legal standpoint, both Tel Aviv and
Shechem clearly belong to the Jewish People. Yet the moral Jewish claim to
Shechem is arguably stronger. This is a subtle but crucial point consistently
missed by the Left. By bashing the settlements, the Left is actually shooting
itself (and all the rest of us) in the foot. Claiming Tel Aviv while renouncing
Shechem, as they do, is illogical, misguided and harmful. In fact, there's no
difference between Israel proper and the "West Bank ". There never was. Both were
recognized, by international agreements subsequently ratified into law, to
comprise the Homeland for the Jewish People. Ironically, it is the rest of the
world which recognizes this inconsistency, albeit unconsciously. They sense
that Israel is not being true to herself. They feel
she is not living up to her true potential, not fulfilling her true role in the
world. Maybe that's the real reason why Israel is universally held in such low regard.
Bottom line: there is no and never was any
"occupation" of "Palestine ". This patently false charge has NO
BASIS in either fact or law and has been hugely damaging to Israel's morale,
self-image, sense of purpose and of course its public image. Here's a direct
quote from Stephen Schwebel, former head of the International Court of Justice
in the
Hague :
"Where the prior holder of territory
had seized that territory unlawfully [Jordan 's 1948-1967 occupation of Judea and Samaria ], the state which subsequently takes that
territory [Israel ] in the lawful exercise of self-defense
[1967 War] has, against that prior holder, better title." - Stephen
Schwebel, "What Weight to Conquest," American Journal of
International Law, vol. 64 (1970) pp. 345-347
If you do nothing else, be sure to click
here:http://www.amisraelchai-eretz.com/occupation.htm
for this required reading.
Since 1920 the political rights to
Palestine claimed by both the Arab People and the Jewish people at the Paris
Peace Talks have been recognized as belonging only to the Jewish People. At the time they were only a minority of the
population and immediate sovereignty for them would have resulted in an
antidemocratic government. So the language of the Balfour policy was used in
which legal dominion over the political rights would be in the hands of the
British as trustee until such time as the Jews had attained a population
majority in the area they were to govern and had the capability of exercising
sovereignty. In 1922 fifty three states recognized the Jewish People as having
an equitable interest in the political rights to Palestine west of the Jordan River . On the
demise of the League of
Nations , these were saved in
Article 80 of the UN Charter and by the legal doctrine of acquired rights
now codified in International Law. In 1948 the British abdicated their
trusteeship and by 1950 the Jews had met both standards -- a majority of Jews
within the Green Line and the capability of exercising sovereignty by their
unified control of the population within their territory. In 1967 they kicked
out the Jordanian and Egyptian illegal occupiers of Palestine west of the Jordan . The Jewish People now have a majority of population
in all of Palestine west of the Jordan when Gaza is excluded. Through the IDF, the Jews now control
the entire population in this area. There is already a Jewish State. You can
call it the sovereign state of Eretz Yisrael. If Israel adopts the Levy Report and annexes Judea
and Samaria , you can also call it the Sovereign State of Israel .
VIETNAM REDDUX
Obama and Kerry are attempting to split the unity of the Jewish People. The Vietnamese were successful in splitting the unity of the American people during their war withVietnam . This was the only war America had ever lost. Vietnam adopted a two state solution. Has anyone heard from South Vietnam recently?
The UN requires that other states not disrupt that unity. " Every State shall refrain from any action aimed at the partial or total disruption of the national unity and territorial integrity of any other State or country." Declaration On Principles Of International Law Concerning Friendly Relations And Co-Operation Among States In Accordance With The Charter Of The United Nations. (1970)
Obama and Kerry are claiming that Jewish building of homes in their sovereign state is illegal.Israel should tell him that splitting the unity of the Jewish People is what
they are doing and that is illegal.
Obama and Kerry are attempting to split the unity of the Jewish People. The Vietnamese were successful in splitting the unity of the American people during their war with
The UN requires that other states not disrupt that unity. " Every State shall refrain from any action aimed at the partial or total disruption of the national unity and territorial integrity of any other State or country." Declaration On Principles Of International Law Concerning Friendly Relations And Co-Operation Among States In Accordance With The Charter Of The United Nations. (1970)
Obama and Kerry are claiming that Jewish building of homes in their sovereign state is illegal.
Dr. Kontorovitz, I have long wondered why Israel
is so passive about its legal claims regarding the territories won and liberated in 1967. Why not press for a ruling by a recognized court of
international law? For Israel has extremely strong arguments the most striking of
which are generally not mentioned at all.
As I understand it, legal possession can be shown by 1: the legality of the means by which possession was obtained, and/or 2: the legality of the continued current possession. These demonstrate legal possession. But there is also the issue of 3: a legal title of possession.Israel can show all three conditions are fully met by its
possession of the post-67 territories. Most arguments I have read for this
legality seem solely to stress condition 3 (Howard Grief, the Levi Committee,
Ronnie Sabel, etc., pointing to the San Remo Conference of 1992, the
conditions set for the British Mandate in 1922, and the UN Partition Resolution
of 1947, of which the Arab rejection both inside and outside Mandate Palestine
lost them any legally grounded title to it). Those arguments however ignore the
powerful and self-sufficient conditions 1 and 2. For 1: Israel won the territories in the course of a perfectly
legal (in international law) war of self-defense, and 2: she continues to hold
them pursuant to UN Resolution 242 until there is a final peace treaty between
the contesting parties that establishes their legal borders and extent. Until
then she is their custodian, and some portion of them may well be ruled part of
Israel in the context of final peace negotiations, so they
cannot be said to belong solely to the contesting party. Nor can "Palestine " be said to be the "illegally
occupied" contesting party, since such a state has never existed before
and its borders can only be legally determined and fixed by a final peace
treaty with Israel .
As I understand it, legal possession can be shown by 1: the legality of the means by which possession was obtained, and/or 2: the legality of the continued current possession. These demonstrate legal possession. But there is also the issue of 3: a legal title of possession.
San
Remo 's Mandate: Israel 's 'Magna Carta'
On April
25, 1920 , delegations from the Allied nations that triumphed in World War
I met in San Remo , Italy , to divide the Middle
Eastern lands they had conquered.
That historical meeting transformed the Middle East because, for the first
time in nearly 2,000 years, the world's nations called for the establishment of
a Jewish homeland in the land that was then called Palestine .
That decision effectively answered a fundamental
issue that still plagues the Israeli-Palestinian peace talks today: whether Israel is an occupying power
or it has a rightful claim to the land.
Watch Gordon Robertson
give a biblical perspective on Israel 's claim to the land,
following Chris Mitchell's report.
Dividing an Empire
In San Remo - England , France , Italy , and Japan , with the United States as an observer, divided
the Ottomam Empire empire into three mandates: Iraq , Syria and Palestine .
Until its defeat in World War 1, the
400-year-old empire had spread itself throughout the Middle East . Now, France would oversee Syria , while Iraq and Palestine fell under Great Britain .
The resolution also included the Balfour
Declaration, written by England 's Lord Balfour in 1917.
The declaration called for "the establishment in Palestine of a national home for
the Jewish people." One British diplomat, Lord Curzon, called it Israel 's "Magna
Carta."
Arab's Lion-Share , Israel 's Niche
Last year, on the
90th anniversary of the signing of the San Remo resolution, Tomas
Sandell of the European Coalition of Israel helped
organize an historic gathering.
Click here to watch expanded interviews and more with participants from
this historic event commemorating the signing of the San Remo resolution.
"Chaim Weizman said, at the time, you can
say that the Israeli state was born on the 25th of April in San Remo because
that was the significance of it," Sandell said.
Howard Grief said the resolution, which was
adopted by the League of Nations , established several important
precedents.
In his book, The Legal Foundation and Borders of Israel under
International Law, Grief explains that the resolution gave the
Jewish people exclusive legal and political rights in Palestine . It also gave the Arabs
the same rights for the remainder of the Middle East .
"The Arabs got the lion's share….I mean
they got Syria , which was subsequently
divided between Syria and Lebanon ," Grief said.
"They got all of Mesopotamia and all of Arabia . This is what Balfour
himself said. 'Why are you complaining? You are getting all these lands and
we're granting a niche - he called it a niche - to the Jewish people
who were going to get Palestine ," he said.
Immutable Law
Grief also explained that the 1920 San Remo resolution supersedes
later U.N. resolutions.
"There is a doctrine in international
law," Grief said. "Once you recognize a certain situation, the matter
is executed. You can't change it."
"The U.N. General Assembly exceeded its
authority, exceeded its jurisdiction. It did not have the power to divide the
country," he said.
Settling Contested
'Settlements'
But what about all those contested Israeli
"settlements" in Judea and Samaria (the West Bank ) that many people -
including U.N. Secretary-general Ban Ki-moon - say are illegal?
"Settlements are
covered in Article 6 of the mandate for Palestine ," Eli Hertz,
president of Myths and Facts, explained to conference
participants.
"Again the legal international document of
the mandate for Palestine and [it] clearly says
that not only [do] the Jews have the right to settlement, but the world has the
obligation to help them to settle," Hertz explained.
This legal right of the Jews to build in Judea and Samaria or in east Jerusalem neighborhoods is little
understood in the world today.
Sandell said he hopes to remedy that problem.
"We feel that we have an historical duty to
just bring the facts to the table," Sandell said. "Because we are
here dealing with historical facts and this should be known and this should be
taken into consideration in the public debate."
Watch expanded interviews with some of
the participants in this historic event commemorating the 90th anniversary of
the San Remo resolution:
§
Tomas
Sandell, the founding director of the European Coalition for Israel,
helped organize the 90th anniversary event. ECI seeks to education
European leaders "about the complex realities of the conflict in the Middle East by acknowledging the right for Israel , as the only democracy in the region, to
exist within secure borders." Click here for more from Sandell.
§
Eli
Hertz is the president of Myths and Facts, a
research organization focused much on the Middle East . Hertz has written a short pamphlet
on this subject called "This Land is
My Land: Mandate for Palestine , Legal Aspects of Jewish Rights," an excellent primer and
succinct explanation of the legal foundation of the Jewish state.Click here for more from Hertz.
§
Salomon
Benzimra is from Canadians for Israel's Legal Rights. Benzimra
and Goldie Steiner of CILR played a pivotal role in organizing the
anniversary. CILR believes "... that a just peace in the Middle-East
cannot be achieved while crucial facts are ignored, hidden or
distorted." Click here for more from Benzimra.
§
Danny
Danon is the only member of Knesset from Israel to attend the anniversary of the signing
of the San Remo Resolution. Click here to watch his message to a seminar the day before the anniversary.
Even the Qur'an says that God gave the
|
Even the Qur'an says that God gave the
|
Even the Qur'an says that God
gave the Land of Israel
to the Jews !
Even the Qur'an says that God
gave the Land of Israel
to the Jews !
It [the Qur'an] "is a
guide for the righteous, who have faith in the unseen and are steadfast in
prayer"
[Qur'an: Sura 2, "The Cow", verse 2]
It [the Qur'an] is "a confirmation of
previous scriptures" (i.e., the Bible)
[Qur'an: Sura 12, "Joseph", verse
112]
"We [Muslims] believe in that which was
revealed to us [the Qur'an] and that which was revealed to you [the Torah]. Our
God and your God is one. To Him we surrender ourselves".
[Qur'an: Sura 29, "The Spider",
verse 47]
"Enter, My People, the Holy Land which Allah has assigned for you. Do not turn back, or you shall be
ruined".
[Qur'an: Sura 5, "The Table, verse 21]
"We [Allah] settled the Israelites in a
blessed land and provided them with good things".
[Qur'an: Sura 10, "Jonah", verse 93]
"Pharoah sought to scare them [the Jews]
out of the land [of Israel ]: but We [Allah] drowned him, together with all who
were with him. Then We said to the Israelites: 'Dwell in this land. When the
promise of the hereafter comes to be fulfilled, We shall assemble you all
together [in the Land of Israel
in the End of Days]".
[Qur'an: Sura 17, "The Night
Journey", verse 103]
"it was Our [Allah's] will to favour
those who were oppressed [the Jews] and to make them leaders of mankind, to
bestow on them a noble heritage and to give them power in the land [of Israel ]: and to inflict on Pharoah, Haman, and their army,
the very scourge dreaded by their victims".
[Qur'an: Sura 28, "The Story",
verses 5-6]
"We [Allah] gave the persecuted people
[the Jews] dominion over the eastern and western lands which We had blessed
[the east and west banks of the Jordan
River ]. Thus your Lord's
gracious word was fulfilled for the Israelites, because they had endured with
fortitude; and We destroyed the edifices and towers of Pharoah and his
people".
[Qur'an: Sura 7, "The Heights",
verse 137]
"To Moses We gave the Scriptures, a
perfect code for the righteous, with precepts about all things, and a guide and
a blessing, so that his people might believe in the ultimate meeting with their
Lord".
[Qur'an: Sura 6, "Cattle", verse
155]
"tell of Our servants Abraham, Isaac and
Jacob: men of might and vision whom We made pure with the thought of the
hereafter. They shall dwell with Us among the righteous whom We have
chosen".
[Qur'an: Sura 38, "Sad", verse 46]
"Glory be to Him [Allah] who made His
servants [Muhammed and El Burak] go by night from the Sacred Temple [of Mecca]
to the farther Temple [of Jerusalem], whose surroundings We have blessed, that
We might show him some of Our signs. He [Allah] alone hears all and observes
all. We [Allah] gave Moses the Scriptures and made them a guide for the
Israelites, saying, 'Take no other guardian than Myself. You are the
descendants of those whom We carried in the Ark with Noah. He was a truly thankful servant'".
[Qur'an: Sura 17, "The Night
Journey", verses 1-3]
"We gave the Scriptures to the Israelites
and bestowed on them wisdom and prophethood. We provided them with good things
and exalted them above the nations".
[Qur'an: Sura 45, "Kneeling", verses
16-17]
"There is guidance, and there is light,
in the Torah which We [Allah] have revealed. By it the prophets who surrendered
themselves to Allah judged the Jews, and so did the rabbis and the divines;
they gave judgment according to Allah's scriptures which had been committed to
their keeping and to which they were witnesses".
[Qur'an: Sura 5, "The Table", verses
44-45]
Overview: Yerushaláyim, the Hebrew word for Jerusalem, means city of peace. Currently, a more apt name would be city of pieces. Jerusalem is a divided city, segmented with increasing disparity between the Palestinian and Israeli inhabitants. Particularly in East Jerusalem, Israeli neighborhoods continue to
ReplyDeletedevelop through government funded construction, while Palestinians struggle to get building permits and basic amenities. The disparity between the national groups is a deliberate construction aimed at discouraging Palestinian development and growth while encouraging Palestinian emigration from the city.
These policies were established as an attempt to maintain Israeli control over the city by sustaining a large Jewish majority. This is an attempt to delegitimize the Palestinian claim over East Jerusalem and prevent any loss of sovereignty
by the Israeli government. The Jewish Israeli majority in Jerusalem is maintained at the expense of the Palestinian people, the policies in place
violate their rights under international humanitarian law
and are worthy of increased attention and criticism by the
international community.
How to Maintain a “Reunified” Holy City
Between 1924 and 1948 Jerusalem served as the capital
of the British Mandate in Palestine.1 The city was split with
the creation of the state of Israel on 14 May 1948. Newly drawn
borders, indicated by the Green Line in figure 1, transected the
city, dividing it between Israel and the Hashemite Kingdom of
Jordan. The western region of the city was occupied by Israel,
which claimed it as their capital.
However, the international community never recognized
Israel as sovereign over the area.
It was simply a presence in the area according to the 1949
Armistice Agreements. The only recognized tie Israel had to the
city was from its own provisional government’s Law and