Nurit Greenger
We are fighting for the truth; we are fighting back to
refute all the LIES spread about the land / state of Israel!
In 1948 Israel lost some of its legal territory – Judea
and Samaria – to Arab aggression. In 1967, Israel have recovered its lost
territories – Judea and Samaria - due to, again, Arab aggression.
Zionism, the national liberation movement of the
Jewish people has built and is building the state of Israel. Without Judaism,
Zionism fades away. History has proven this to be correct.
Under the Zionism mantra, since 1967, good Jews have been
building and settling the land of Judea and Samaria that was not in its owner's
– Israel – hands from 1948 to 1967.
(Please print these basic facts and keep it on you at all
times):
When
anyone, that includes Obama, John Kerry and Catherine Ashton, accuse Israel
that the communities - "settlements" - in Judea and Samaria are
illegal, this is what you have to say:
1. Sorry, you are wrong and
misinformed. Here are the undisputed facts, a lesson you need to learn so we do
not hear lies and misinformation again:
2. The Israeli communities - "settlements" - in
Judea and Samaria a/k/a "West Bank" are completely legitimate and are
inherently linked to the undeniable historic, indigenous and legal rights of the
state of Israel and the Jewish people in this particular area.
3.
The Israeli communities - "settlements" - in Judea and Samaria a/k/a
"West Bank" do not violate the 1949 Fourth Geneva Convention
prohibition on transferring population, which was drafted to prevent the forced
mass transfers of millions of people as carried out by the Nazis in the 2nd
World War. It is totally irrelevant to Israel's settlements and was never
intended to apply to them.
4. No binding international treaty, agreement, resolution or other document determines
that the territories belong to, or are "Palestinian". There has never
been a Palestinian sovereign entity. Hence the term "occupied Palestinian
territory" is nothing more than wishful thinking of those political elements
in the international community that choose to use it.
5. The fate of the "territories" – Judea and
Samaria – is an agreed-upon bilateral negotiating issue between Israel and the Arab-Palestinians,
as are the issues of the border, Jerusalem, settlements and refugees.
6. Pending such agreement Israel continues to fully
observe the international norms regarding administration of, and respect for
the humanitarian rights of the local Arab population.
By Alan
Baker Adv., Ambassador reply to my – Nurit Greenger - request (Website www.ambassadoralanbaker.com)
Expanding
on the above, one can choose from the following:
Ten Basic Points: Israel’s Rights to Judea and Samaria
1. Upon Israel’s taking control of the area in 1967, the
1907 Hague Rules on Land Warfare and the Fourth Geneva Convention (1949) were
not considered applicable to the West Bank (Judea and Samaria) territory, as
the Kingdom of Jordan, prior to 1967, was never the prior legal sovereign, and
in any event has since renounced any claim to sovereign rights vis-à-vis
the territory.
2. Israel, as administering power, pending a negotiated
final determination as to the fate of the territory, nevertheless chose to
implement the humanitarian provisions of the Geneva convention and other norms
of international humanitarian law in order to ensure the basic day-to-day
rights of the local population as well as Israel’s own rights to protect its
forces and to utilize those parts of land that were not under local private
ownership.
3. Article 49 of the Fourth Geneva Convention,
prohibiting the mass transfer of population into occupied territory as
practiced by Nazi Germany during the second world war, was neither relevant nor
was ever intended to apply to Israelis choosing to reside in Judea and Samaria.
4. Accordingly, claims by the UN, European capitals,
organizations and individuals that Israeli settlement activity is in violation
of international law therefore have no legal basis whatsoever.
5. Similarly, the oft-used term “occupied Palestinian
territories” is totally inaccurate and false. The territories are neither
occupied nor Palestinian. No legal instrument has ever determined that the
Palestinians have sovereignty or that the territories belong to them.
6. The territories of Judea and Samaria remain in dispute
between Israel and the Arab-Palestinians, subject only to the outcome of
permanent status negotiations between them.
7. The legality of the presence of Israel’s communities
in the area stems from the historic, indigenous and legal rights of the Jewish
people to settle in the area,
granted pursuant to valid and binding international legal instruments
recognized and accepted by the international community. These rights cannot be
denied or placed in question.
8. The Arab-Palestinian leadership, in the still valid 1995
Interim Agreement (Oslo 2), agreed to, and accepted Israel’s continued presence
in Judea and Samaria, pending the outcome of the permanent status negotiations,
without any restriction on either side regarding planning, zoning or
construction of homes and communities. Hence, claims that Israel’s presence in
the area is illegal have no basis.
9. The Arab-Palestinian leadership undertook in the Oslo
Accords, to settle all outstanding issues, including borders, settlements,
security, Jerusalem and refugees, by negotiation only and not through
unilateral measures. The Arab-Palestinian call for a freeze on settlement
activity as a precondition for returning to negotiation is a violation of the
agreements.
10. Any attempt, through the UN or otherwise, to
unilaterally change the status of the territory would violate Arab-Palestinian
commitments set out in the Oslo Accords and prejudice the integrity and
continued validity of the various agreements with Israel, thereby opening up
the situation to possible reciprocal unilateral action by Israel.
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