Doc's Talk: Israel’s Right to the Land

Monday, December 03, 2007

Israel’s Right to the Land

Sean Gannon
FrontPageMagazine.com

The view that the Middle East peace process, the latest phase of which kicks off in Annapolis this week, is essentially a mechanism for the vindication of Palestinian rights over the West Bank and Gaza is widely held here in Western Europe, where an awareness of Israel’s legitimate claims and entitlements has been a casualty of the predominantly left-wing media’s embrace of the Palestinian cause. Whereas Arab prerogatives are exhaustively documented, the Jewish right to this land is almost entirely ignored. The anniversaries this month of three of the founding documents of the modern Middle East present an opportunity to redress the balance and reassert the Israeli case.

November 2 marked the ninetieth anniversary of the Balfour Declaration, the letter in which the British Foreign Secretary, Arthur Balfour, promised Lord Rothschild (and, through him, the Zionist movement) that his government would “use their best endeavours” to establish a Jewish “national home” in Palestine. Approved by the Cabinet two days earlier -- according to Prime Minister Lloyd George it “represented the convinced policy of all parties in our country” -- it made the creation of this “home” an objective of British foreign policy. The Balfour Declaration thus represented the first significant official endorsement of the Zionist project by a world power.

The Declaration was not, in itself, a legally binding document and it has often since been dismissed as nothing more than a statement of British aspirations and intent. However, this ignores the fact that its incorporation virtually unchanged into the League of Nations’ Mandate for Palestine in July 1922 gave its provisions the force of international law. The legal validity of the Mandate, which recognized both the “the historical connection of the Jewish people with Palestine” and their right to the “reconstitute their national home in that country,” was upheld in various international forums and was safeguarded after the dissolution of the League by the United Nations through Article 80 of its Charter. The League of Nations Mandate therefore represents the last legal allocation of the territory that now constitutes Israel, the West Bank and Gaza; the rights it gave the Jewish people have never been abrogated and it remains the legal basis for the Jewish state today.

The right of the Jews to a state in their historic homeland was underscored by UN General Assembly Resolution 181 (UNGAR 181). Passed sixty years ago on November 29, it called for the partitioning of Mandatory Palestine into "Independent Arab and Jewish states." Described by the former Israeli Foreign Minister, Abba Eban, as “Israel’s birth certificate,” UNGAR 181 represented, for the majority in the Zionist camp, international recognition of an antecedent and inalienable Jewish right to self-determination. But as a non-binding recommendatory resolution, it actually constituted moral as opposed to a legal sanction of Jewish statehood. For the Arabs, it represented neither. It was comprehensively rejected at the time, condemned as “entirely illegal” in the Palestinian National Covenant of 1964, and declared “absolutely null and void” by the Seminar of Arab Jurists on Palestine three years later.

In what amounts to an astonishing u-turn, however, UNGAR 181’s legal validity has since been strenuously asserted by the Palestinian side. For instance, the PLO’s 1988 Declaration of Independence stated that UNGAR 181 provided “those conditions of international legitimacy that ensure the right of the Palestinian Arab people to sovereignty.” This position was still being advanced ten years later as Yasir Arafat sought global support for another unilateral declaration of statehood in the spring of 1999. He then proclaimed that “the right for a Palestinian state to exist is based on UNGAR 181 and not on the Oslo Agreements” while his UN representative, Nasser al-Kidwa, argued for its continuing relevance at the United Nations.

But if, as the Arabs contend, UNGAR 181 serves as the legal basis of a Palestinian state, then it must, according to their logic, equally serve as the basis of a Jewish state too. Indeed, the text refers to a “Jewish state” on thirty occasions and demands that the British facilitate “substantial [Jewish] immigration” to effectively ensure that the future Jewish state be Jewish in nature. Therefore, the Palestinians’ present refusal to recognize Israel as a Jewish state flies in the face of their own legal reasoning. They implicitly accept what they explicitly abhor.

The third significant commemoration this month was the fortieth anniversary of United Nations Security Council Resolution 242 (UNSCR 242). Unanimously passed on November 22, 1967, five months after Israel’s stunning victory in the Six Day War, it has generally been interpreted as requiring a unilateral Israeli evacuation of the West Bank and Gaza, thus making illegal Israel's so-called "occupation" of the former. But UNSCR 242 in fact formalizes the status of these territories as “disputed” and therefore legitimizes the Jewish presence there. This status is rooted in the 1949 armistice agreements, which defined the new boundaries between Israel, Transjordan and Egypt as provisional, being “dictated exclusively” by military considerations.

In effectively launching the 1967 war, the Arabs violated these boundaries, thereby invalidating them as de facto borders. The Israeli conquest, the result of a defensive war, constituted a legitimate redrawing of the armistice lines, pending a final settlement. UNSCR 242, drafted as the roadmap to this settlement, stipulates that Israel should withdraw from these new armistice lines “to secure and recognized boundaries” only as part of a negotiated peace, something which has yet to be achieved. And while the resolution does not define what these boundaries should be, its framers made it clear that they should not be the 1949 lines, (i.e. the Green Line), lines they dismissed as entirely unsuitable for a permanent international border. The deliberate omission of the definite article from UNSCR 242’s withdrawal clause was designed to facilitate the necessary revisions. So, until permanent territorial boundaries are demarcated in the context of a comprehensive peace, Israel has an equal right to be in these lands.

The fact is that Israel has a right to more than simply the “peace and security” generally presented as its anticipated dividend from any Middle East peace process. As the Balfour Declaration, UNGAR 181 and UNSCR 242 establish, it also has clear rights to the land and to exist as a Jewish state on it. If Annapolis is to be the beginning of a lasting settlement, all parties to the summit must recognize Israel’s legitimate claims.

Sean Gannon is a freelance writer and researcher, specializing in Irish and Israeli affairs. He is currently preparing a book on the relationship between the two countries. gannon_sean@yahoo.co.uk

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The IDF’s Minorities in Numbers and Pictures

In honor of IDF Diversity Week, we present diversity through numbers and pictures. Each year, more and more Muslims, Christians, Druze, Bedouin and immigrants from around the world take on the responsibility of defending Israel.

MUSLIMS:

Muslim Arab Israelis are not required to draft in the IDF, but there are many who volunteer. In 2013, there were over 200 Muslims serving in the IDF and over 300 in the reserves.

Bedouins:

Bedouins are nomadic Muslims who were in Israel when modern borders were set in place and are now considered Israeli citizens. They are not required to draft but a growing number choose to enlist. In 2012, there were over 1,400 Bedouin Muslim soldiers doing regular IDF service and almost 1,500 in the reserves.

Read more:http://www.idfblog.com/2014/02/27/truth-idf-numbers-pictures/#more-34027

Are you aware that in 2013, Middle class taxes go up-significantly?

In January of next year, the federal income tax rate for middle-class taxpayers is scheduled to rise from 25 percent to 28 percent, and the payroll tax is scheduled to rise from 13.3 percent to 15.3 percent… This drives the marginal tax rate based on the aforementioned three taxes to 48.12 percent. Add in state and local property, corporate, excise, and other state and local taxes, and the percentage of each additional dollar that is taxed hovers around 50 percent… When half of each additional dollar earned is taxed away, taxpayers experience a disincentive to start businesses or expand existing ones. This leads to fewer jobs being created.

Why is HAMAS Inside Tampa Schools?

Clare Lopez

Kelly Miliziano, who teaches history classes at Steinbrenner High School in the Tampa, Florida area apparently thinks it’s perfectly OK to invite a senior official of a HAMAS-affiliated organization into her classroom to discuss Islam with her students. According to local media reports, not only has this been going on for years, but in spite of the civil and criminal proceedings that could result from such reckless negligence, the Hillsborough County school superintendent, Mary Ellen Elia, and the chairman of the school board, Candy Olson, also expressed approval for students under their responsibility to be exposed repeatedly to guest speaker, Hassan Shibly, who is the Executive Director for the Council on American-Islamic Relations (CAIR) in the Tampa area.
More...

Did You Know... Ignoring the Call to Islam will Bring Jihad

‘Conquest through Da’wa [proselytizing] that is what we hope for. We will conquer Europe, we will conquer America! Not through sword but through Da’wa.’
-- Yousef al-Qaradawi , Muslim Brotherhood spiritual leader The Arabic word ‘Da’wa’ means the “call to Islam.” But do not think that Da’wa is the same thing as an invitation to an optional holiday event. The classical Islamic doctrine of jihad mandates that enemies must be given the opportunity to convert to Islam or pay the jizya tax before it is permissible to attack them.
Clare M. Lopez

Who is being discriminated-facts tell the truth

Religious bias

Hate crimes motivated by religious bias accounted for 1,409 offenses reported by law enforcement. A breakdown of the bias motivation of religious-bias offenses showed:

65.4 percent were anti-Jewish.
13.2 percent were anti-Islamic.
9.5 percent were anti-other religion, i.e., those not specified.
4.3 percent were anti-Catholic.
3.8 percent were anti-multiple religions, group.
3.3 percent were anti-Protestant.
0.5 percent were anti-Atheism/Agnosticism/etc.

http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2010/narratives/hate-crime-2010-incidents-and-offenses.

On March 31, 1977, the Dutch newspaper Trouw published an interview

with PLO executive committee member Zahir Muhsein. Here's what he said:

"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."

In March 1977, Zahir Muhsein, a PLO executive, said:

"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."

The Arab Apartheid

Ben-Dror Yemini
In 1948, the Arab countries refused to accept the UN partition proposal and they launched a war of annihilation against the State of Israel which had barely been established. All precedents in this matter showed that the party that starts the war - and with a declaration of annihilation, yet - pays a price for it. Between 550,000 and 710,000 Arabs fled because of the war and a larger number of 850,000 Jews were expelled or fled from Arab countries (the "Jewish nakba").
Population exchanges and expulsions were the norm at that time, occurring in dozens of other conflict points and affecting about 52 million people. In all the population exchange precedents that occurred during or at the end of an armed conflict, there was no return of refugees to the previous region, which had turned into a new national state.
Only the Arab states acted completely differently from the rest of the world. Instead of assimilating the refugees, they crushed them despite the fact that they were their coreligionists and members of the Arab nation - instituting a regime of apartheid. So the "nakba" was not caused by the actual dispossession, which had also been experienced by tens of millions of others. The "nakba" is the story of the apartheid, oppression, abuse and denial of rights suffered by the Arab refugees at the hands of the Arab countries. (Maariv)

International Law and Military Operations in Practice - Col. Richard Kemp

"Islamist fighting groups study the international laws of armed conflict carefully and they understand it well. They know that a British or Israeli commander and his men are bound by international law and the rules of engagement that flow from it. They then do their utmost to exploit what they view as one of their enemy's main weaknesses. Their very modus operandi is built on the correct assumption that Western armies will normally abide by the rules, while these insurgents employ a deliberate policy of operating consistently outside international law. "

Lost Historical Moments

What Rabin’s last Knesset speech really said:repudiation of a Palestinian state

Rabin ruled out a fully sovereign Palestinian state :

“We view the permanent solution in the framework of State of Israel which will include most of the area of the Land of Israel as it was under the rule of the British Mandate, and alongside it a Palestinian entity which will be a home to most of the Palestinian residents living in the Gaza Strip and the West Bank. We would like this to be an entity which is less than a state, and which will independently run the lives of the Palestinians under its authority.”

Rabin ruled out a total withdrawal from Judea and Samaria and thus a return to the pre-June 1967 borders :

“The borders of the State of Israel, during the permanent solution, will be beyond the lines which existed before the Six Day War. We will not return to the 4 June 1967 lines.”

Rabin ruled out withdrawing form the Jordan Valley:

“The security border of the State of Israel will be located in the Jordan Valley, in the broadest meaning of that term.”

Rabin ruled out uprooting settlement blocs, like the Gush Katif bloc in Gaza (which was subsequently uprooted by former Prime Minister Ariel Sharon):

“The establishment of blocs of settlements in Judea and Samaria, like the one in Gush Katif.

AND

Rabin ruled out removing any settlement before coming to a full peace agreement with the Palestinians:

“I want to remind you: we committed ourselves, that is, we came to an agreement, and committed ourselves before the Knesset, not to uproot a single settlement in the framework of the interim agreement, and not to hinder building for natural growth.”

Rabin insisted on Israel retaining full security control of the borders with Egypt and Jordan, contrary to Israel’s relinquishment of the Philadelphia Corridor on the border with Egypt:

“The responsibility for external security along the borders with Egypt and Jordan, as well as control over the airspace above all of the territories and Gaza Strip maritime zone, remains in our hands.”

Correcting Oslo Myths-Part 2

3) Kuttab laments that the post-1993 Oslo process resulted in a Palestinian Authority "whose ministers and legislators are not guaranteed passage between Gaza and the West Bank ...."

Before free passage or other perquisites, PA leaders were obligated, among other things, to eliminate the terrorist infrastructure in the West Bank and Gaza Strip, end anti-Israeli, antisemitic incitement in schools, mosques, and communications media, and resolve all outstanding issues through peaceful negotiations. They met none of these commitments, sometimes bolstering terrorism and greatly increasing incitement.

4) Kuttab complains that under Oslo the PA got "lightly armed police ---- but no real sovereignty over the land or contiguity between our communities in Gaza and the West Bank."

Oslo agreements repeatedly were revised, regardless of Palestinian non-compliance, until the authorized number of police grew from 8,000 to 40,000. Though they were to be the only armed forces in the territories, Israeli estimates early in the second intifada put the number of gunmen - police, "security services," terrorists, and armed gangs - at 85,000. Their armament reportedly included not only heavy machine guns and rocket-propelled grenades, but also anti-tank and anti-aircraft missiles.

Sovereignty was to be negotiated in the envisioned 1998 "final status" talks - after a five-year period of confidence-building. Palestinian leadership chronically undermined the process. Palestinian terrorism made the 1993 - 1998 Oslo period more deadly for Israelis than the 15 years preceding it.

The United States doesn't have contiguity between the lower 48 states and Alaska and Hawaii; territorial contiguity between the West Bank and Gaza Strip - that is, through the 20 miles of Israeli territory between them - was never promised and would destroy Israeli contiguity.

5) "Palestinians have been made to endure hundreds of checkpoints in the West Bank, an eight-foot wall deep in our territories, and tight Israeli control over borders."

The security barrier is not "deep in Palestinian territories," but rather encompasses less than 8 percent of Judea and Samaria, and is mostly a fence, rarely a wall; the land in question is not "our [Palestinian] territories" but disputed territory to which, according to the authors of U.N. Security Council Resolution 242, Jews as well as Arabs have claims; and there are no international borders, only the 1949 armistice lines with Jordan. Under 242, borders remain to be negotiated. As for checkpoints - like the security barrier and "tight Israeli control" - Palestinian Arabs precipitated these measures themselves. No terrorism and there would be no fence or tight Israeli control and few checkpoints - like before the first intifada.

Correcting Some Oslo Myths

1) In Oslo "Israeli, Palestinian and other world leaders promised that ... Palestinian sovereignty would be solidified."

No, they didn't. The 1993 Declaration of Principles and subsequent Oslo agreements outlined a process by which final status negotiations about the West Bank and Gaza Strip would be reached. The process required an end to anti-Israel terrorism and incitement and a commitment to peaceful negotiations. The PA, Fatah, Hamas, Islamic Jihad, the Popular Front for the Liberation of Palestine, and other terrorist groups, sabotaged the process from the start.

2) "The reality is that, in defiance of U.N. Security Council Resolution 242, which states that it is inadmissible to occupy land by force, Palestinian territories are still under foreign military occupation."
Wrong again. Resolution 242 (1967) does note "the inadmissibility of the acquisition of territory by war." It also affirms the right of every state in the area "to live in peace with secure and recognized boundaries free from threats or acts of force." There were no "Palestinian territories." Jordan occupied the West Bank, Egypt controlled Gaza. Israel did not have "secure and recognized boundaries," so retention of some of those territories was possible under 242. Israel is not a "foreign" military occupier in the West Bank but, pending final negotiations, the lawful military administrator as a result of a successful war of self-defense.

Doc's Talk