Tag Archives: League of Nations

WHEN INTERNATIONAL LAW’S THE THING…..

Without question, Israel is currently facing an increasingly coordinated and concerted effort by Europe and the Arab world, to delegitimise and cripple her.

Barack Obama is presiding over seismic shifts in geopolitical alliances instigated by a foreign policy that is foreign to everything America has said they stand for till now.

It is not coincidental that China and India are strenuously courting the tiny Jewish state as it becomes increasingly clear that liberal democrat America does not have Israel’s best interests at heart.

Consider the present administration’s full-throated support of “Palestinian” statehood and its increasingly strident efforts to accommodate a landscape-changing Iranian nuclear deal.
Both developments would seriously affect Israel’s ability to adequately protect itself without using the nuclear option if the Arab world continues to see as its primary foreign policy objective, the removal of the Jewish state from the Middle East.

But are Europe and America barking up the wrong tree? Do the Chinese and Indian governments more accurately evaluate the danger of spreading radical Islam given the chaos Muslim minorities cause in their respective countries? Does Russia, whose propaganda campaign is responsible for much of the European shift towards delegitimisation of Israel, also know what the Israelis know: that radical Islam unchecked today will rapidly convert significant sections of European cities into expanding Sharia-controlled no-go Muslim enclaves? Will Muslim terror stop once the world recognises the illegality of the Zionist enterprise in the Middle East. Is the foundation of the state of Israel illegal under international law?

The short answer is that the formation of the State of Israel is completely legal under international law, even if Arab backed European politically motivated communities would like to revise the fact.

There is a reason, in international law, there has been no “Palestinian” state these past 66 years.

And as long as there are those who would delegitimise a UN member state, there will always be those who will make sure that petty, genocidal, religious dogma neither changes the facts of history nor subverts international law which has at its very core, the objective of limiting the institutionalised violence we call war.

Israel is a sovereign state under international law. International law is a set of rules that are generally accepted in relations between states (Glick, 2014). International law is based on consent, and states follow the rules of international law to which they consent.

International law comprises two strands: treaties and custom. Treaties may be bilateral, based on international conventions like the 1948 Geneva Convention, or they may be multilateral such as is the case with the NATO treaty.

However, while treaties are binding under international law, institutions created by the treaties cannot make new law. Thus international bodies such as the UNGA can only pass resolutions which are recommendations. The UNSC may pass binding resolutions, but exercise of that power is limited to situations that are 1) threats to peace, 2) breaches of peace, 3) and acts of aggression against UN member states. Clearly, in the case of the Israeli Arab conflict as regards “Palestine”, “Palestinian” Arabs, hyperbole notwithstanding, have no legal leg to stand on. They have continuously threatened the peace, breached innumerable ceasefires, and often attacked a UN member state.

On the other hand, treaties do not carry the same weight as legislation, and states only have to obey treaties to which they are parties. In other words, no consent, no law.
Does this mean that a would-be “Palestinian” ‘nation’ could refuse to honour a treaty to which they were not party?

The brief legal answer is no.

International law permits self-determination claims to be satisfied by incorporation into the ruling state, by sovereign independence, or by anything in between.

In order to abide by its international obligations as a member of the family of nations to respect the self-determination rights of “Palestinians”, Israel is required to take good-faith negotiations with the “Palestinians” in a bid to satisfy these self-determination rights.

Nobody would dispute that the two unprecedentedly generous Israeli peace offers to Arafat and Abbas, in attempts to reach a peace settlement over the past 20 years, in addition to the commencement of the Oslo Accords which recognised the PLO as official representative of the “Palestinian” people, do not constitute good-faith efforts by the Israelis to satisfy “Palestinian” self-determination rights. The remarkable Barak and Olmert offers are historically documented proof of that.

Thus, Israel has fulfilled its obligations in this sphere as well.

Unlike Israel, there has never been a polity/state called “Palestine”. Thus not agreeing to international law has never been an option for them, despite their bombast and continuous claims of victimhood over the years.

And finally in this section about the legality of the Israeli negotiating position under international law, the prospect of the PA unilaterally approaching the UN for membership and thus statehood, would be a grave violation of the PLO’s signed agreement with Israel, under international aegis, which specifically barred such unilateral actions. Under international law, this agreement was witnessed by outside parties including the United States, Russia, Norway, the EU and so on.

This means that any material violations of agreements that were witnessed by the EU or similar, would irreversibly jeopardise the worth of such agreements in international law and the worth of such witnessing, and would free Israel to act in its best interests without fear or favour. A scenario fraught with potential for untold violence anyway you care to look at it.

Custom in international law, on the other hand, is different in that it results from general and consistent practice of states followed by them from a sense of legal obligation.

International law requires states to follow customary law even when the states have not explicitly consented to the custom (Glick, 2014). However, because customary law is also based on implied consent, a state that consistently objects to an international custom, is not bound by that custom.

Once again, in the absence of there ever being a sovereign “Palestinian” state to even invoke customary law and thus invoke consistent objection to the legal establishment of the State of Israel, in the light of the point blank refusal of three offers of “Palestinian” statehood 1947-2014 thus abrogating its rights to sovereignty in PA controlled “West Bank”, and in the absence of any codification of rules and charters minimising violence against Jews by the current “unity” government as per the requirement of an intending member of the United Nations, “Palestinian” claims that they are a people living in a non-self-governing territory and thus have a right to self determination is belied by the fact that the “Palestinians” have been exercising self rule over inhabited parts of Judea and Samaria since 1994 when PA was formed…….

Thus, the PA’s invocation of even this tenet of international law is baseless.

In light of the above, understanding “Palestinian” Arab violence towards the State of Israel becomes even more difficult to accept in any form, because of the documented incidents of a violent minority which proffers its own apocalyptic Islamic interpretation of how the world should be, and what should replace western interpretations of law and order.

In Gaza, and further afield, the rebirth of Islamic imperialism and violence post 9/11, from the World Trade Center, to a discothèque in Bali, to beheadings in the barren stony lands around Dabiq and Raqqa point to what Buruma and Margalit (2004) have termed Occidentalism.

Like Orientalism, which was perceived as a general patronizing Western attitude towards Middle Eastern, Asian and North African societies, Occidentalism sees the West as something less than human, something to be destroyed, something that goes beyond Wall Street, Hollywood, capitalism or the all-too-convenient catch-cry of “US imperialism”.

The current crop of jihadis see western liberalism as a threat to their religious fundamentalism, self-appointed caliphs and religiously inspired “pure” and “authentic” cleansing of the kuffar through blood letting, because it deflates the pretensions of their own brand of heroic Islamic utopianism.

Wherever it occurs, this Occidentalism is fed by an inflated Muslim perception of humiliation, of defeat.

The current wave of Islamic Occidentalism seeks to right a perceived historical wrong. And nothing matches the perceived Arab Muslim sense of failure and humiliation as much as the perception that a once glorious civilization has been left behind in every respect by the post-Enlightenment West.

This over-indulged perception of humiliation, historically redolent of the Arab psyche, can easily turn into a self-aggrandising cult of the pure and the authentic. And it is when “purity” or “authenticity”, of faith or race, leads to purges of the supposedly inauthentic, of the allegedly impure, that mass murder begins. The fact that anti-Americanism, anti-Zionism, anti-Semitism, and a general hostility to the West currently overlaps is no coincidence. (Buruma & Margalit, 2004).

However, in a modern world dominated by the spread and take up of western values of business and culture, copied and practised skilfully by the very people who would kill you for it, international law remains the final fragile red barrier “authenticity” and “purity” of Islamic thought must breach in order to imprint its brand of religious fundamentalism on a wide swathe of the world’s peoples.

To that extent, I submit that Muslim violence today against the west is not the fault of anyone else except irrational, inverted Muslim Quranic interpretation and thought, and a willingness to shed as much blood (of others) as it takes to spread a violent, radical brand of Islam.

This vision radical Islam has of itself as an antidote to “Westoxification”, is a mixture of the universal and the pure: “universal” because all people can/should, in the eyes of the believers, become orthodox Muslims; and “pure” because those who refuse the call are not simply lost souls but savages who must be removed from this earth.

Thus the “pure” and/or “authentic” Occidental hero is the one, whether he is a Nazi or an Islamist, who is just as ready to destroy those who sully the purity of his race or creed. It is indeed his duty to do so. When the West is seen as the threat to authenticity, then it is the duty of all “holy warriors” to destroy anything to do with the “Zionist Crusaders,” whether it is a U.S. battleship, a British embassy, a Jewish cemetery, or a Bali discotheque; even unto the extreme of beheading well-meaning western aid workers and journos in Dabiq and Raqqa as a terror tactic to induce compliance (Buruma & Margalit, 2004).

But, whatever the rest of the world might be comfortable acceding to in appeasing Muslim violence by permitting Sharia police no-go zones in European cities and towns, with regards to the Israeli- “Palestinian” conflict, there is always the question of international law.

It is the source of greatest frustration to large hostile bodies such as the Arab League and their enablers in the European Union that, since their inception in 1945, they have never been able to either militarily extract a territorial concession from Israel in all the wars they have initiated, nor circumvent the rule of international law in their efforts to financially and socially/legally cripple the sovereign Jewish state these past 66 years….

The sovereignty of the Jewish state became a legal issue in 1917 with the demise of 400 years of Ottoman Muslim rule in the Levant.

Whereas the Levant Arabs, now freed from the oppressive yoke of the Ottomans, agreed to League of Nations mandates to create Muslim entities in Iraq, Syria, Lebanon, Jordan and Gaza in return for supporting the British and the French, those self-same Arabs did not see their way clear to the same League of Nations establishing the Jewish state of Israel in what was called the British Mandate for Mesopotamia……

Thus, with the disintegration of the despotic Ottoman rule in the region, the Arabs accepted international law in the creation of five more Muslim entities along national ethno-religious lines, but just not a single Jewish one.

Fortunately for Israel, its creation has always been anchored in international law both through treaty and through custom as described above. For example, Israel is well within its international legal rights in building as it sees fit in Judea and Samaria. Yehuda and Shomron were always included territory in the intended Jewish state under both the League of Nations and the legally approved British Mandate, despite the illegal invasion and occupation of the area (euphemistically called the West Bank [of the Jordan]) by Jordan in 1948. In 1967, Judea and Samaria were returned to Jewish sovereignty in a defensive war where Egypt, Syria, Jordan and Iraq combined to try and wipe out (again) the tiny Jewish state.

Forty years previously, the 1937 Peel Commission succumbed to Arab violence and recommended the partition of the remainder of the Mandate, now not including Jordan, into a further division of Jewish and Arab land. The Jews were now to receive a mere 19% of the truncated Mandated lands, with 81% going to the creation of yet another Muslim Arab state. The Jewish Agency accepted even this disappointing breach of promise. The Arabs rejected the compromise.

The records will always show the facts of the matter: Arab intransigence and religious racism are the only reasons there is no “Palestine” today. The Arab-Israeli conflict never had anything to do with land. It was always a war of religion.

Clearly, as it has always done since 1917, international law will always back up the Israeli position on any future negotiated settlement.

International law (and an innate sense of fairness in other nations around the world that is difficult to legislate for) remained the major stumbling block in MENA and the EU preventing the dismemberment of the Jewish state.

But, in the end, all of history shows that people do not like continuous change or violent upheaval. The average person in the street does not approve of murder and mayhem, be they from Dubai or Donetsk. The average person just wants to get on with life and make the most of their time while alive.

For this reason alone, the current orgy of Islamic violence will splutter and die as the internet continues to interleave the commonality of the human condition, race, religion or creed notwithstanding.

And because of this, the State of Israel will continue to survive and prosper.

Because of this, and international law……….

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Nakba as National Narcotic

Nakba as National Narcotic

“From 1948 to 1967, there is no historical record whatsoever of any effort to create a separate “Palestinian” state. The PLO’s purpose during that time, was not to create a “Palestinian” state, but rather to exterminate a Jewish one. That effort continues today.”

Speak to any supporter of “Palestinian” Arab ‘rights’ to a ‘national’ home in Judea and Samaria today, and you will quickly come to the nub of the conflict as they see it: the loss of “Palestinian” land must be avenged and the rights of the “Palestinian” nation restored….. Most would have you believe that the Nakba of 1948 was the central incident which defines the Israeli-“Palestinian” conflict today.

Nothing could be further from the truth/facts.

The movement of Arab Muslims out of the territory of the new state of Israel was as unnecessary as it was a strategic mistake by the Muslim Arab leadership of the time.
They have spent the past 66 years trying to correct it at the expense of other….

Hiding behind a narrative of Jewish depravity and barbarity as they would like to portray it, Muslim Arabs use the narrative of the Nakba as a way to assuage shame and guilt at leaving lands which they were quite welcome to in the first place. In international law.

Over the years, the “Nakba” became a catch-cry which acted as an ideological narcotic on the political will of Muslims Arabs in Judea and Samaria and their backers, irrespective of facts codified in international law.

In other words, using the “Nakba” to press claims of a “Palestinian” homeland for a “Palestinian” people and “nation” merely highlights the fact that the very concept of a stateless Palestinian people is a fabrication.

The “Nakba” is essentially an error of the Arabs own making and it galls the Arab psyche that they cannot turn the clock back on a tiny non-muslim Jewish state amidst a sea of Islamic countries.

In international law, the legally binding Mandate for Palestine document, was conferred on April 24 1920, at the San Remo Conference and its terms outlined in the Treaty of Sevres on August 10 1920. The Mandate’s terms were finalized on July 24 1922, and became operational in 1923.

While Arabs accepted the international community’s creation of the Muslim entities of Syria, Transjordan, Lebanon and Iraq as legal creations of the League of Nations and the Mandated Powers, they refused to accept that same body’s co-decision to create a Jewish state for a people who had been there some 1,700 years before the birth of Islam.

In fact, made clear through Jamal Husseini, the Arab Higher Committee’s spokesman that they would go to war to prevent the establishment of a Jewish state.

After the UN adopted the partition resolution on November 29, 1947, the Arabs declared a protest strike and instigated riots that claimed the lives of 62 Jews and 32 Arabs.
From November 29, 1947, until April 1, 1948, the Palestinian Arabs took the offensive, with help from volunteers from neighbouring countries of Transjordan, Lebanon, Syria and Iraq. The Arabs inflicted severe casualties on the Jews, in breach of international law and UN rulings.

The UN blamed the Arabs for the violence.

The UN Palestine Commission, which was never permitted by the Arabs or British to go to Palestine to implement the resolution, reported to the Security Council on February 16, 1948, that “powerful Arab interests, both inside and outside Palestine, are defying the resolution of the General Assembly and are engaged in a deliberate effort to alter by force the settlement envisaged therein.

The Arabs were blunt in taking responsibility for the aggression and the breach of international law. Jamal Husseini told the Security Council on April 16, 1948:
“The representative of the Jewish Agency told us yesterday that they were not the attackers, that the Arabs had begun the fighting. We did not deny this. We told the whole world that we were going to fight.”

Even the British commander of Jordan’s Arab Legion, John Bagot Glubb admitted: “Early in January, the first detachments of the Arab Liberation Army began to infiltrate into Palestine from Syria. Some came through Jordan and even through Amman . . . They were in reality to strike the first blow in the ruin of the Arabs of Palestine.”

It is this pain and shame that the Nakba as narcotic is meant to deaden: Arab responsibility for their own failures to accept international law and the consequences of trying to take land through a strategy of aggression in direct violation of the 1907 Hague Convention and the draft of the Geneva Convention which was finally published in 1949……

Again, in international law, the partition resolution was never suspended or rescinded.

Thus, Israel, the Jewish State in Palestine, was born on May 14, as the British finally left the country.

Five Arab armies (Egypt, Syria, Transjordan, Lebanon and Iraq) immediately invaded Israel.

Their intentions were declared by Abd Al-Rahman Azzam Pasha, Secretary-General of the Arab League: “It will be a war of annihilation. It will be a momentous massacre in history that will be talked about like the massacres of the Mongols or the Crusades.

The rest, as they say, is history.

Nakba as narcotic is a deadly attraction to those who have a propensity to addiction; flawed intellects who need props to cope.

The rest of us who are able to resist political addictions and its consequences will know that the United States urged a resolution charging the Arabs with breach of the peace.

Joining the USA, the Soviet delegate Andrei Gromyko famously told the Security Council on May 29, 1948, 15 days after the creation of the State of Israel:
“This is not the first time that the Arab states, which organized the invasion of Palestine, have ignored a decision of the Security Council or of the General Assembly. The USSR delegation deems it essential that the council should state its opinion more clearly and more firmly with regard to this attitude of the Arab states toward decisions of the Security Council.

In fact, on July 15, the Security Council threatened to cite the Arab governments for aggression under the UN Charter!!

By this time, however, the Israeli Defense Force had succeeded in stopping the Arab offensive and the initial phase of the fighting ended.

What a difference a few decades of “doublethink” make!

Not for nothing are George Orwell’s words as sinister today as when he first wrote them: “War is peace. Freedom is slavery. Ignorance is strength.”

The continued use of “Nakba” as narcotic inures those who continue to wage war as destruction, not necessarily of human lives, but of the products of human labour (Orwell).

And, like all addictions, it is ultimately fruitless.

Is Australia Islamophobic, or do its politicians just know how to read….?

 

Thank you to @anneinpt for planting the seed of this  article….

If you could describe a people by their traits, you would not be far off the mark if you said Arabs were great at two things: melodrama and creating the “creeping factoid”.

With regards to the first characteristic, when Australia’s Attorney-General George Brandeis refused, in Parliament, to refer to East Jerusalem as “occupied”, that political chameleon in Ramallah, chief “Palestinian” negotiator, Saeb Erekat, lodged an official letter of protest with Australian Foreign Minister Julie Bishop over the meeting of Australian Ambassador to Israel, Dave Sharma, with Housing Minister Uri Ariel, in the latter’s office in East Jerusalem.

In the letter, Erekat rather melodramatically called a meeting between two blokes a “violation of international law” and “an attempt to legitimize an illegal situation” and made some noises about falling Australian wheat and meat exports…… All very solemn stuff.

And that’s where the “creeping factoid” bit comes in.

Fortunately, Attorney-General Brandeis, his Prime Minister, and the country’s Foreign Minister, all read and know what the international legal community reads and knows: that Israel’s sovereignty in Jerusalem and in Judea and Samaria is legal. Moreover, when specifically challenged about the illegality of Israeli settlements on a visit to Israel in January 2014, Foreign Minister Bishop stated, “I would like to see which international law has declared them illegal.”

But what about the “factoid” I mentioned earlier?

Well, a factoid is an invented fact, believed to be true because of its appearance in print. This was the original definition coined in 1973 by Norman Mailer. He came up with the word, adding the suffix “oid” to imply something that gives the impression of being something it actually is not.

For my money, though, I went with the Oxford dictionary meaning of the term. I’m that sort of guy.

The Oxford dictionary calls a factoid “an item of unreliable information that is reported and repeated so often that it becomes accepted as fact.”

So what is it that these Australians are seeing that neither the chief “Palestinian” negotiator and eighteen Arab and/or Muslim diplomats in Canberra who angrily lobbied Ms Bishop do not see?

The facts. And they “hide” in plain sight.

Of course, the beauty of this system of relying on facts is that anybody can go and check them out for oneself. Then it’s all about following the crumb-trail of history until you get to the logical conclusion. So, let’s see whether these Aussies know their potatoes or not……….

Today, the core of the Arab-Israeli conflict will be settled through law. This means accepting and working within an internationally agreed framework called the United Nations Charter. And it means turning to the ministrations of the International Court of Justice as the principal judicial organ of the United Nations.

The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization. Its main judicial organ, should the Assembly require an advisory opinion, is the International Court of Justice, which is annexed to the UN Charter of which it is an integral part (Article 92).

This means that in and of itself, the International Court of Justice is, under the terms of the UN Charter, an Advisory body to the UNGA and the UNSC, and does not constitute res judicata

Further, Articles 93 and 96 state that all members of the United Nations are ipso facto parties to the Statute of the International Court of Justice and that the General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question arising within the scope of their activities.

However, much as it would like to, the ICJ cannot consider declarations and resolutions of the UN General Assembly as customary international law, nor does it have the authority under the Charter to issue a directive to Member States, a function reserved solely to the Security Council.

Not to labour the point too much, the ICJ’s powers under a) its own mandate and b) its annexation to the United Nations Charter, do not include the right to issue directives to enforce and/or adopt its advisory opinion. That is the sole prerogative of the Security Council, the only UN organ with the power under the UN Charter to ‘direct’ or ‘obligate’ Member States on how to act.

As we shall see, nothing of the sort ever took place in the case of the international legally binding contracts which partitioned Mandated Palestine into a Jewish and an Arab state.

And if that is the case, then which “international law” does Erekat accuse Australia of violating?

That Australian Foreign Minister might have been onto something after all.

So what of Mr Erekat’s melodramatic invocation of “violation of international law” and attempts to “legitimize an illegal situation”? Perhaps the facts will speak for themselves.

At the end of the nineteenth century, it was clear that the Ottoman Caliphate was an apple ripe for the plucking. It had ruled over Southeast Europe, Western Asia, the Caucasus, North Africa and the Horn of Africa and vast tracts of the Mediterranean basin suppressing Arab and Caucasian alike for around 600 years.

In 1915, Sir Henry McMahon made promises on behalf of the British government, about allocation of territory to the Arab people in the region in return for their support in toppling the Ottomans.

Archive documents show that the British promise excluded Palestine, that area from the river to the sea, from territory to be given to the Arab people. It also separated the territory east of the Jordan River, namely Transjordan (since renamed Jordan), from Palestine west of the Jordan.

This land west of the Jordan was to be a Jewish homeland in line with the 1917 Balfour Declaration of intent to establish a Jewish homeland.

On the 25th April 1920, at the San Remo Conference which convened at the conclusion of World War I to determine the precise boundaries for territories captured by the Allies, it was finally resolved to incorporate the Balfour Declaration in Britain’s mandate in Palestine.

Thus, Britain was made responsible “for putting into effect the declaration made on the 8th November 1917 by the British Government and adopted by the other Allied Powers, in favour of the establishment in Palestine of a national home for the Jewish people; it being clearly understood that nothing should be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine.”

This determination was ratified under the auspices of the League of Nations in August 1920 at the Treaty of Sèvres.

Apart from the major powers, the Treaty was attended and signed by the Hashemite King of the Hedjaz as representative of Arab interests in the region who was a signatory to the explicit stipulation of the Treaty that there would be “a national home for the Jewish people” in British Mandated Palestine so long as he could lay claim to a British-supported Arab kingdom in Transjordan [in addition to the creation of the Arab states of Syria, Lebanon and Iraq…].

Thus, the San Remo Resolution of 1920, as well as the formal Treaty of Sevres later in the year recognized, with the acknowledgement of the representative of the Arab interests in the region, the exclusive national Jewish rights to the Land of Israel under international law, on the strength of the historical connection of the Jewish people to the territory previously known as Palestine.

Till this point in history, there was no mention of a “Palestinian” Arab people, nor of “Palestinian” Arab territory west of the Jordan, nor even of Jerusalem as a capital for an Arab Muslim state……………….

In fact, the term “Palestine” is believed to be derived from the Philistines, an Aegean people now extinct who, in the 12th Century B.C.E., settled along the Mediterranean coastal plain of what are now Israel and the Gaza Strip.

In the second century C.E., after crushing the last Jewish revolt, the Romans then applied the name Palaestina to Judea (the southern portion of what is now called the West Bank of the Jordan River) in an attempt to minimize Jewish identification with the land of Israel. The Arabic word Filastin is derived from this Latin name. The Roman name Palaestina and the British term Palestine have always and everywhere referred to the Jews of the Land of Israel and the people of Judea and Samaria…..

And this is where the Arab penchant for “creeping factoids” comes in.

In his Commencement Address at Yale University, June 11 1962, John F. Kennedy famously said “The great enemy of truth is very often not the lie–deliberate, contrived and dishonest–but the myth–persistent, persuasive and unrealistic…[enabling us to] enjoy the comfort of opinion without the discomfort of thought.”

And it is this that has become the weapon of choice for the Arab Muslim narrative in the Middle East.

One can easily trace the General Assembly’s attempts to legislate changes in the status of the Territories.

How the definition of the status of the Territories was doctored is well documented on the website of the Palestinian delegation to the United Nations that posts landmark pro- General Assembly resolutions.

In this regard, the wording of resolutions by sub-committees heavily influenced by the Arab voting bloc changes reference to the issue from “territories” to “occupied territories” to “Occupied Territories” and “Arab territories” to “occupied Palestinian territories” to “Occupied Palestinian Territory” and “occupied Palestinian territory, including Jerusalem”!!

Specifically, the following example will illustrate what I mean:

• Resolution 3236 (XXIX) 9 passed in November 1974, immediately after the Yom Kippur War, speaks of “the question of Palestine”.

There is still not a mention or record of the concept of a “Palestinian” Arab Muslim people or a “Palestinian” Arab nation, a “Palestinian” territory “stolen” and “occupied” by invading Jews.

At this stage, some twenty five years after the birth of the Jewish state, the issue remains one of the broader Arab-Israeli conflict which started with the declaration of the State of Israel in 1948. And it was only after Israel had defeated its enemies against overwhelming odds in 1948, 1967 and 1973, that the Arabs realised that an approach other than a full-frontal, genocidally-inspired violence might serve them better.

Thus, starting with the flexing of Arab oil muscle in the first Gulf oil crisis in 1973 after the defeat of the Yom Kippur War which has held the rest of the world in thrall till today, the process of the de-legitimising Israel in earnest began to gather steam.

The myth of an Arab Muslim“Palestine”, the Muslim “Palestinian” people and the “occupied territories” with Jerusalem as its capital, made its way from myth to “factoid”…….

The crossover from Arab-Israeli conflict to the Palestinian-Israeli conflict was complete as the Arab states exploited mainly immigrant Arabs to Mandated Palestine to fight a proxy war they lost in 1948.

The only fly in this fervent ointment of a newly-discovered “Palestinian” “heritage” of course, remained the actual legalities of what was decided in 1920 and 1922 under the auspices of the League of Nations and the United Nations which succeeded it.

But because it is further possible to illustrate that the Arab concept of the “creeping factoid” was a planned campaign of creating a “country” and a “people” out of thin air, I quote the following:

• Resolution 38/5810 in December 1983, now speaks of “Arab territories” where there were none (Jordan is Palestine…) and “occupied territories” (by whom??)

• Resolution 43/17611 passed in December 1988 expresses sentiments
suggesting “Palestinian entitlement” – speaking of “the Palestinian people[’s] right to exercise their sovereignty over their territory occupied since 1967” ( I need hardly point out again that there was no “Palestinian People” 1948-1973 to take land from in the first place..…);

• Resolution 51/13312 passed in December 1996 adds Jerusalem in particular – speaking of “occupied Palestinian territory, including Jerusalem, and the occupied Syrian Golan”;

• Resolution 52/25013 passed in July 1998 fully “assigns title” – speaking of “Occupied Palestinian Territory,” a designation that is frequently used in subsequent resolutions.

As late as December 2003, concerning a request a request made by the United Nations General Assembly, contained in Resolution ES–10/14 of 8 December 2003, the ICJ formulated a question which read as follows:
“What are the legal consequences arising from the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem….?”[emphasis mine]

Of course, despite the overall impression it might give the casual media consumer, none of these terms have a legal foundation any more than declaring “the world is flat” makes it so. Yet, the International Court of Justice, to which Mr Erekat makes innumerable references, cites these terms as if they were legal documents, all in violation of the Court’s own Statute.

It is for this reason, under international law, that it becomes increasingly difficult to understand Mr Erekat’s objections as relayed to the Australian Foreign Minister.

Eleven successive British governments, Labour and Conservative, from David Lloyd George (1916-1922) through Clement Attlee (1945-1952) viewed themselves as duty-bound to fulfill the Mandate for Palestine placed in the hands of Great Britain by the League of Nations. Under international law.

We see now that there has never ever been a violation of international law regarding Israel’s sovereign rights to settle the land she does.

There might be a lot of steam and noise in the Arab world’s use of the factoids. But they also know that you know that it ain’t worth a pinch of rat snuff.

And what of the notion of East Jerusalem as ‘sovereign’ “Palestinian” “capital” territory? That may become the subject of a further blog.

International law. Gotta love it.

I acknowledge the intellectual property of Eli Hertz and Maurice Ostroff in the writing of this blog, and I would thank @anneinpt for alerting me to Eli’s work on Twitter. Thank you all.

 

Why Israel frustrates its delegitimisers

Israel as Legal entity

What is most insidious in the ongoing disinformation campaign to delegitimise the State of Israel by academics and demagogues alike, is the presentation of small untruths which, if they go unchallenged, become part of a larger false narrative re. Israel and the “Palestinians”. They become accepted by an uncritical readership as historical fact.

In an opinion piece in Al Jazeera, John Bell, a former United Nations Political Adviser to the Personal Representative of the UN Secretary-General for southern Lebanon, states that “In the case of Mandate Palestine, the division into two states was never completed and, instead, the matter settled into chronic conflict.”

This, of course, is quite inaccurate.

That is to say, insofar as a legal determination under international law had been made, the newly-created State of Israel accepted the borders given it while the Arabs initiated a war of “annihilation”.

In reply, as David Singer so succinctly stated it, “Transjordan became an independent sovereign State in 78% of Mandate Palestine on 22 March 1946 and Israel an independent sovereign State in the remaining 22% of Palestine on 15 May 1948.” (Singer). There was no mention of a Palestinian “nation”, “people” or “state” as the term had not yet been invented…….

Much as he would like to revise or bypass history, the facts for Bell will always remain incontrovertible and unchanged.

The San Remo Conference of 1920 drafted the map of the Middle East as we know it today. It was later confirmed in the Mandate for Palestine, 1922, and approved by the 52 members of the League of Nations to highlight and protect the pre-existing rights of the Jewish people to the Land of Israel.

If, as Israel’s “peace partner” the PA and the chattering anti-Israel lobby would have you believe, the creation of the State of Israel was always an illegal creation in the first instance, then by that same token, the exclusively Arab states of Lebanon, Syria, Iraq and Jordan are illegitimate entities as well

On the other hand, if the above-mentioned Arab states are legal, then so too is the creation of the State of Israel because it too arose out of the same 1920 disposition of the Middle East territories previously held by the defeated Ottoman Empire.

Those who would see Israel delegitimized and/or dismembered claim that the Supreme Council of the Allied Powers had no authority in the first place to create a new political entity in the geographical area of Palestine. That line of thinking would prove problematic for countries like Serbia, Bosnia, Hungary, Latvia, Lithuania, Estonia and Poland which were created in the wake of WWI by that same Supreme Council………….

Enshrined in international law and supported by both charters from the League of Nations AND the United Nations, the modern State of Israel has an unequivocal/unambiguous legal claim to the Land of Israel in the 3 % of Ottoman territory allocated it by the San Remo Conference way back in 1920.

And it is this anchoring in the internationally acknowledged and unequivocal legality of the right of the Jewish State to exist dating back to 1920 that so bothers those who would like to see the demise of the Jewish State.

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