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History, International Law, and the 'Land of Israel'

Reader comment on item: The Forcible Removal of Israelis from Gaza

Submitted by yonason (United States), Apr 12, 2005 at 21:19

(sorry about the length, but there is so much people don't seem to be aware of about this issue.)

TO WHOM THE LAND BELONGS

The basis for the legitimacy of our claim to the Land of Israel is based on G-d's promises to us in our Torah. And, it is the only one we need assert.

Having said that, I think it is instructive to point out that our claim to the Land is also strongly supported from historical facts, and international law.

As I have posted before, "The PLO charter specifically renounces any claim on Gaza, and the "West Bank," (www.middleeastfacts.com/weblog/index.php?p=46)" [1.] So, if they renounced their claim then, what has precipitated their change of heart? And, why then should we now honor it?

Of course one could ask, since many of the Arab states now in existence were created by Western powers after the fall of the Ottoman Empire, according to their perceived self-interests, is there any reason why any modern change in the map of the Middle East shouldn't be just as ad hoc. Still, since it would do the Arab cause no good to publicize their original rejection of the land they now demand as a birthright, that issue is seldom addressed.

So, is there perhaps another claim they can honestly make to our land?

"Statement by Zuheir Mohsein, Member of the Supreme Council of the PLO: "There are no differences between Jordanians, Palestinians, Syrians and Lebanese. We are all part of one nation. It is only for political reasons that we carefully underline our Palestinian identity, because it is in the interest of the Arabs to encourage a separate Palestinian identity in contrast to Zionism. Yes, the existence of a separate Palestinian identity is there only for tactical reasons. The establishment of a Palestinian state is a new expedient to continue the fight against Zionism and for Arab unity [Trouw (Dutch newspaper) March 31, 1977] " " (www.afsi.org/MEDIA/newsLinks/shockers/m100.htm)

Well, that IS honest. But again, that's not something they want you to know, either.

A little further back in time, we find that, "Countering Arab claims that there was no basis for Jewish statehood in Palestine, in July 1947, the Christian Maronite Archbishop of Beirut, Lebanon, Ignatiyus Mubarak, presented a memorandum to UNSCOP in which he advocated the establishment of a Jewish state in Palestine" [because, as he said] "... to consider Palestine and Lebanon as parts of the Arab world would amount to a denial of history." (www.palestinefacts.org/pf_independence_un_role.php)

And yet, the world and the majority of it's information media is now indifferent, or eagerly embraces that very canard.

And there are Ben Gurion's words to the Peel Commission in 1937, "I say on behalf of the Jews that the Bible is our Mandate, the Bible which was written by us, in our own language, in Hebrew, in this very country. That is our Mandate. It was only recognition of this right which was expressed in the Balfour Declaration." (www.jcpa.org/jl/vp507.htm)

This takes us even further back in history. Even if one refuses to acknowledge the religious significance of this, one cannot honestly deny the historical significance of a more than 2500 year old document describing the land, people, culture and roughly 2000 years of ancient history in rare detail. Based on this knowledge, one can say, "The League of Nations Mandate that was issued by the victorious powers of World War I did not create the rights of the Jewish people to a national home in Palestine, but rather recognized a pre-existing right, for the links of the Jewish people to their historic land were well-known and accepted in the previous century by world leaders from President John Adams to Napoleon Bonaparte to British Foreign Secretary Lord Palmerston.5 " (www.jcpa.org/jl/vp507.htm)

The Arabs have nothing comparable. Really, they have nothing at all, except perhaps a history of occupation and governorship.

Now, how does International Law apply?

Beginning with the League of Nations mandate for the establishment of a Jewish homeland in the territory newly designated as Palestine. They were to keep order, encourage Jewish immigration while controlling Arab immigration. But there are so many more Arabs, and the current Israel, which is set to be divided, is so much smaller than the original mandate. Just how did there get to be so few Jews, and so many Arabs? And how did the original mandate shrink in the wash?

" "In 1922, the Emir Abdullah, a protege of the British Government, is driven out of the Hejaz in Arabia. To provide for him, Great Britain takes all of Mandate Palestine east of the Jordan River and gives it to him as the Emirate of Trans-Jordan - later to be the Kingdom of Jordan. It thereby cuts away a full 75 percent of the land of the promised Jewish National Home, and Jews are banned there.

Thereafter, the British Mandatory Government progressively bans Jews from more and more of the remaining territory of Mandate Palestine. Jews are forbidden to live in areas that were designated for close Jewish settlement. Immigration of Jews into the Jewish National Home is progressively cut down, and after 1939 it is virtually halted. The Jews are abandoned to the Nazi Europe, while Arabs from other countries are permitted to enter Palestine illegally and settle the lands first promised to and then forbidden to the Jews." (israel.net/timetospeak/7.htm)

And then.... " "Up until 1948, Judea, Samaria and Gaza were a part of the British Mandate. In the 1948 War of Independence, Egypt illegally grabbed the Gaza Strip, and Jordan took Judea and Samaria, the 'West Bank.' Egypt did not claim sovereignty in Gaza, but Jordan deigned, in 1950, to annex Judea and Samaria. This annexation was not recognized by international law. The Arab nations objected to it, and only Britain and Pakistan recognized it - and Britain did not recognize the annexation of eastern Jerusalem. In 1967, after the Six Day War, these territories - which were originally meant for the Jewish Nation's National Home according to the Mandate Charter - returned to Israeli control." " (www.israelnationalnews.com/news.php3?id=44235)

"Never in history has there been an Arab state in Judea and Samaria, and there certainly was never any mention of it during the 19 years of Transjordanian occupation." (www.factsandlogic.org/ad_05.html)

In other words, despite the British reneging on their legally binding mandate, the Jewish nation is formed, and survives despite the best efforts of "friend" and foe alike. Now there is a concerted effort, mostly by those who know, or should know better, to suppress the facts and replace them with one of the most ambitious rewrites of history ever undertaken.

In other words, there is NO basis, either historical or legal, for any nation other than Israel to control the "disputed territories." There is, and can be no "occupation," illegal or otherwise, of land restored to it's original owners., as has been Gaza as well as Judea and Sumaria (the historically correct name for the "West Bank"). The "settlers" are just returning to the lands from which they were expelled by Arab invaders, who now seek through a phony "peace" what they couldn't win in many wars.


other links for essential information:

href=http://www.betar.co.uk/facts/disputed.php
href=http://www.jafi.org.il/education/100/maps/invade.html
href=http://www.mideastweb.org/history.htm
href=http://arabterrorism.tripod.com/FAQ/palestine.html
href=http://www.tellthechildrenthetruth.com/index.htm
href=http://www.think-israel.org/fraudhistory.html
href=http://www.geocities.com/palestiniansarelies/OccupationSayWhat.html
href=http://www.palestinefacts.org/pf_early_palestine_judea_samaria.php
href=http://www.zoa.org/pressrel2004/20040203a.htm
href=http://www.infoisrael.net/cgi-local/text.pl?source=3/b/311220021
href=http://www.freeman.org/m_online/jun01/shusteff2.htm
href=http://masada2000.org/3steps.html
href=http://www.weaponsurvey.com/
href=http://www.therefinersfire.org/bennett_20_facts.htm
href=http://www.freeman.org/m_online/jun01/shusteff2.htm
href=http://www.jcpa.org/art/brief1-1.htm
href=http://www.therightroadtopeace.com/infocenter/Heb/HowardGriefE.html
href=http://goldwater.mideastreality.com/2005/mar/27_02.html
href=http://www.mfa.gov.il/MFA/MFAArchive/2000_2009/2003/2/DISPUTED%20TERRITORIES-%20Forgotten%20Facts%20About%20the%20We
href=http://www.conceptwizard.com/conen/conflict_2.html
href=http://www.saidit.org/archives/feb03/oneway2.html
href=http://www.jewishvirtuallibrary.org/jsource/Peace/settlelaw.html
href=http://www.jcpa.org/jl/vp507.htm
href=http://www.manfredlehmann.com/news/index.cgi
href=http://www.acpr.org.il/cloakrm/clk165.html
Submitting....

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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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