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Israel should stick to the terms of the Ottoman cession of Sovereignty, the British Mandate and the Balfour Declatiion

Reader comment on item: Israel's Arabs, Living a Paradox
in response to reader comment: Mr Pipes is well ahead of the game

Submitted by Wallace Edward Brand (United States), Mar 22, 2012 at 23:39

Only civil rights and religious rights were reserved to the non-Jews in Palestine in 1920. They had never had any political rights -- you can't preserve something that had never existed. They were always ruled from afar. The WWI Allies freed them from 400 years of occupation by the colonialist Turks, ruling them from Istanbul that turned the Biblical land of Milk and Honey into a wasteland. .

Civil rights includes the individual political rights, electoral rights, but not collective political rights or national rights. the right to self government. When the French signed the Agreement at San Remo, they attached what is called a "process verball to the French copy, written in French.. That is not an amendment. It is a statement of what the French believed the British Mandate for Palestine meant when it said it was preserving civil and religious rights of the non-Jews. To the French, it meant that the non-Jews would not have to "surrender any rights." The process verbal was accepted by the other parties to the agreement. This leads me to the conclusion that if Israel retakes Gaza for one of two legitimate reasons that I will list below, it can satisfy that condition by establishing a form of Home Rule for the Gazans. That would mean that Israel could have full control of all external affairs, and could ensure that no terrorist candidate or party could run for an election within or without Gaza. This would satisfy the terms of the British Mandate process verbal. The Arabs in Gaza never had the right to vote on Turkish Caliphate policy. They would not have to surrender any right with such Home Rule. Israel could do the same things it now does in terms of Gaza's external affairs.. In the long run, with the Jewish immigration law in place, Gaza could be annexed without impairing a Jewish majority and retaining a Jewish democracy with Western values.

The continued firing of rockets into Israel is a casus belli that would justify Israel retaking Gaza.

Also, when the Sharon government ceded political rights to Gaza, it was a unilateral, tacit cession but the tacit cession was carried out pursuant to a tacit agreement. That tacit agreement was that the firing of missiles and rockets would stop. It hasn't. Therefore there is a failure of consideration, a material breach of the tacit agreement, justifying getting back what was given.

In the Narrative that contiinues unabated, the Narrative of the Perpetual Palestinian Victimhood, (see Shelby Steele,, Stonegate blog, the one theme continually pursued is that the Jews are stealing the land of the Arabs. In fact, since 1920, for 92 years, the Arabs' complaint has gone unanswered except for the defense recently pushed by Deputy Foreign Minister Danny Ayalon, that the land in the West Bank is not occupied, it is disputed and the Jews have the better claim to it. But there is a stronger answer. That is to traverse the canard of land theft by showing that the political rights to Judea and Samaria were granted to the Jews in 1920, the same time that they received the beneficial political rights to all the land West of the Jordan River. The Partition in 1948 was a recommendation of the General Assembly that had to be accepted by both sides to become effective. It wasn't a grant and it wasn;t accepted. Ben Gurion was willing to give up some of the 1920 political rights, preserved by Article 80 of the UN Charter, if he got de jure political rights to enough land to commence a state on a practical basis. He said so in the UNSCOP hearing. The Partition, along with the abandonment of the trust by the trustee, just had the effect of the trustee giving to the beneficiary, the Jews or its representative, Israel, the trust res.

Note that the Partition did not grant political rights to either party, although it would have resulted in political rights to both parties had the Arabs accepted. In fact it was the Arabs who also were responsible for he events that led to the political right vesting in the Jews,That was a mass exodus of Arabs, from there homes, voluntarily at the behest of the Arab Higher Executive without ever seeing a Jewish soldier. Some 600,000 to 700,000 left, after having been told they could come back to their homes in a couple of weeks after the invading armies from surrounding states had annihilated the Jews. The Arab complaint became, they said go out so we can come in. We got out but they never got in. We were thrown into prison camps.

That is what Mahmoud Abbas wrote in "Filastin" the official organ of the PLO as revealed by the Wall Street Journal many years later. That mass exodus, along with the arrival of many new immigrants, gave Israel a fairly earned population majority and therefore satisfied the purpose of the Mandate as clearly intended. The language of the mandate, in my opinion is not clear but the purpose is quite clear. And in the US, the UK, and Canada at least, perhaps in other jurisdictions as well, evidence of purpose is admissible to clarify intent. The language of the mandate is nowhere inconsistent with that intent and in facts does support it.


Note: Opinions expressed in comments are those of the authors alone and not necessarily those of Daniel Pipes. Original writing only, please. Comments are screened and in some cases edited before posting. Reasoned disagreement is welcome but not comments that are scurrilous, off-topic, commercial, disparaging religions, or otherwise inappropriate. For complete regulations, see the "Guidelines for Reader Comments".

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Reader comments (87) on this item

Title Commenter Date Thread
Arabs and Israel [151 words]Ilbert PhillipsJul 11, 2012 06:44197148
Hebrew speaking Israeli-Arabs Muslims spray anti-Semitic grafitti at Yad Vashem [43 words]NinaJun 11, 2012 12:37196242
Mr. Pipes Do not you think you still live in the ideas of the past [432 words]Younis Bani YounesMay 6, 2012 20:13195477
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1Arab paradox and Israels dysfunctional response [268 words]Sigmund DermanMar 25, 2012 23:44194771
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Israel's Arabs, Living a Paradox [190 words]Balarabe AbbaMar 24, 2012 13:29194734
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w/response from Daniel Pipes
UgriMar 23, 2012 12:06194695
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Dear Ugri [255 words]Debanjan BanerjeeMar 24, 2012 10:12194695
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w/response from Daniel Pipes
Pez DispenserMar 23, 2012 04:45194689
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What about Howard Zinn? [352 words]Wallace Edward BrandMar 23, 2012 20:22194688
You are unfortunately so right [182 words]saraMar 24, 2012 17:43194688
What about Howard Zinn? [71 words]NuritGMar 24, 2012 21:48194688
Judaising the Arabs [386 words]Martin KatchenMar 27, 2012 16:04194688
The DNA issue [140 words]DEBORAH THE JUDGEApr 1, 2012 01:17194688
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4Remember the Quraysh! [652 words]Wallace Edward BrandMar 24, 2012 00:32194687
pay and leave [117 words]mythMar 24, 2012 06:00194687
1Russia is the root of Islamist proliferation [335 words]saraMar 24, 2012 16:35194687
1Why has Pacepa been ignored on the cause of global terrorism and on the cause of the Arab Israeli conflict? [149 words]Wallace Edward BrandMar 24, 2012 22:27194687
great reference, thanks [76 words]saraMar 26, 2012 16:07194687
How Arafat was selected to head up the PLO. -- reply to sara [132 words]Wallace Edward BrandMar 26, 2012 22:27194687
Pacepa goes into some detail about Arafat's training by the KGB here [702 words]saraMar 27, 2012 19:23194687
I agree with ariel. Israel's safe future depend on changing the demography . [35 words]BenApr 2, 2012 13:58194687
Balderdash (response to: Russia is the root of Islamist proliferation ) [216 words]RobertJan 18, 2013 12:04194687
Balderdash is a bit harsh [114 words]saraJan 18, 2013 20:09194687
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w/response from Daniel Pipes
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Uh-Oh [10 words]
w/response from Daniel Pipes
Barry BlackMar 22, 2012 21:03194676
A one lawful state West of the Jordan River as a solution to the Arab-Israeli conflict [7 words]Wallace Edward BrandMar 22, 2012 22:31194676
Restriction of Muslim poplulation growth is essential. [95 words]Canto28Mar 22, 2012 20:18194674
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Reminds me of Batman [25 words]fdMar 22, 2012 23:51194652
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Mr Pipes is well ahead of the game [81 words]StanMar 22, 2012 07:18194647
4Israel should stick to the terms of the Ottoman cession of Sovereignty, the British Mandate and the Balfour Declatiion [886 words]Wallace Edward BrandMar 22, 2012 23:39194647
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Dear Mr. Tovi [414 words]Debanjan BanerjeeApr 23, 2012 02:35194647
Posturing the Islamic Republic of Iran Against Israel [919 words]M. ToveyApr 24, 2012 19:15194647
My reply to Mr. M Tovey [470 words]Debanjan BanerjeeApr 25, 2012 23:45194647
Posturing the Islamic Republic of Iran Against All Indications of the Holy BIble [465 words]M. ToveyApr 26, 2012 18:39194647
2Debanjan's lies continue [53 words]PrashantApr 27, 2012 06:53194647
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Individual and Corporate Responsiblilities - Judging True Judgment over the Paradox [323 words]M. ToveyMay 4, 2012 18:26194647
English translation "wipe Israel off the face of the earth was official" [26 words]Wallace Edward BrandFeb 22, 2013 16:50194647
Judea and Samaria is Jewish territory - No annexation is required [127 words]YJ DraimanJun 29, 2015 03:16194647
1Why avoid reality? [117 words]Y Brandstetter MDMar 22, 2012 06:35194645
1Living in paradox or paradise???? [75 words]FroikeMar 23, 2012 12:05194645
1Quality of life [141 words]Y Brandstetter MDMar 24, 2012 14:42194645
I Concur.....Amen Amen Amen, Selah Selah Selah! [14 words]FroikeMar 25, 2012 10:48194645
amazing ! [95 words]ibuzoneMar 22, 2012 05:53194643

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Note: Opinions expressed in comments are those of the authors alone and not necessarily those of Daniel Pipes. Original writing only, please. Comments are screened and in some cases edited before posting. Reasoned disagreement is welcome but not comments that are scurrilous, off-topic, commercial, disparaging religions, or otherwise inappropriate. For complete regulations, see the "Guidelines for Reader Comments".

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