Wednesday, February 06, 2013

The Legal Case for Israel - Professor Eugene Kontorovich‏

If you know what is in this lecture video you have a strong card to rebuttal blames that Israel is an "occupier", "settlements are illegal", and Israel runs an "Apartheid" system
Educate yourself and then educate others  
The Legal Case for Israel
Published on Dec 31, 2012
The Legal Case for Israel Video by Professor Eugene Kontorovich
Another great International Lawyer who investigated this subject for over 20 years is Dr. Jaques Gautier who concludes that not only is Israel in accordance with International law but that the International community is in direct violation of it's own Agreements and Charters they have themselves formulated.
Another great Attorney who came to the same conclusion is Howard Grief who wrote the book "The Legal Foundation and Borders of Israel under International Law"

The Conclusion is all the same: the Jewish people have been betrayed many times over by the Nations of the world who do not abide by their own agreements that they have themselves formulated while continuing to do so and them being the reason behind many baseless wars where so many innocent live were lost.
***
Israel has strong legal claim to the "West Bank" based on the League of Nations Mandate, UN Resolution 242 and the basic principle of International law.
Excerpts:
From the perspective of the international law, why Israel's presence in Judea and Samaria are legal?
What is international law? Who is the international legislator? It is agreements and treaties between countries and international customs.
International laws are creates by countries.
In its charter it is specified that the UN General Assembly does not make international law. UNGA Resolutions are an opinion and have no legal status.
So is for international court of justice. It is an advising opinions only.
The League of Nations, the predecessor of the UN Security Council, that is authorized to make binding decisions, has issued the mandates for Palestine where the State of Israel was to be established.
If you call for question the border of the mandate period you call into question all the mandates created after WWII in the Middle East.
The partition of Palestine – to Arab and Jewish sates – as was suggested by UNGA has not legal status because the UNGA only suggests; also the legality of the mandate jurisprudence cannot be changed.
Israel was recognized from the League of Nations mandate and everything under international law regarding Israel begins with the League of Nations' mandate. The partition tried to chisel away the magnate.
The Green Line never existed in the history of the world before 1949. This line has no hold, demographically, historically, politically, topographically. It indicated how far the Jews managed to push the Arabs. Simply where the fighting stopped. It is an armistice agreement, it is not a border or peace agreement. It is, we are stopping shooting here for a little while.
He military occupation of the "West Bank" by Jordan started in 1949.
The Green Line, Armistice Line was established in the 1949 and was erased in 1967.
To say that this Green Line is in any way sticking that is to say that it is the beginning of the Palestinian territorial claims that Israel's rights somehow are limited or suspended in that area, that means to retroactively legitimize the Arabs conquest of 1949.
1967 crucial point Israel's international legal claims to Sinai peninsula and the Golan Heights is going to be different and perhaps weaker than to Gaza and the West bank because they were not included in the mandate.
What was the West Bank in 1967? What was its status? Was it Jordanian or Palestinian? NO. It was that part of the British mandate for the Jewish state in Palestine that was illegally occupied by Jordan and Israel has good claim to it.
What is international legal basis for Israel's rights to this territory? The British mandate. So the West Bank and Gaza either belong to no one or it belongs to Israel and was taken back, retrieved in 1967.
The Golan and Sian are defensive conquest and thus Israel has rights to it.
In International law you are forbidden from acquiring territory by aggressive conquest, unless the Arabs attempted to aggressively conquer Israel.
Gaza and West Bank that is somehow major acceptable.
Only Israel is not allowed to conquer territory in aggressive war.
Is there a exception to illegality of war? NO. Under article 52 of the UN, there is very fundamental exception to the illegality of war. It is self defense. The right to self defense is not just an exception, it is inherit. It is basics – you can always defend yourself. War that is legal is a war of self defense. !967 war was a war of self defense.
If it is a defensive war then why you have the rule of prohibited conquest?  But what is you conquered legally? Then it seems that the rule should not apply; if you ask any international lawyer is defensive conquest is legal they say NO, because then the people will claim self defense war to mask an aggressive conquest. Self defense aggressive conquest you cannot tell them apart. The problem if you cannot tell self defense and aggressive apart then the entire UN Peace System is incoherent because it is based on aggression being illegal and self defense being legal and id these two ware fundamentally indistinguishable then the UN Charter has real basic problem.
Resolution 242 to resolve the 1967 issues was agreed to disagree after 1967.
Challenge – where else there is a case that defensive conquest is illegal?
International law hardly ever says anything clearly because there is no promulgated authority.
What is a law? It is a rule phrased in general terms applicable to unknown future situation.
Settlements reference to Jewish civilian presence in West Bank after 1967. The entire discussion about settlements boils down ti one word in one treaty. There is no word "settlement"  in international law.
In 1949 Geneva Convention that governs armed conflicts there is a discussion about population transfer.
Occupation according to 1949 Geneva Convention is one country occupies another country. Before 1949- 1967 when Jordan occupied the West Bank , NO ONE thought that Jordan construction represent settlements or the Geneva Convention applied there at all.
Let us say the Geneva Convention applies – Article 49 of the Geneva Convention attempts to change the demographic composition in occupied territory, mostly deporting people out of territory.
http://youtu.be/ub2x5UvjUs4


Thanks to Nurit G.

No comments: