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Israel’s legal rights to expanded borders under international law

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Israel’s legal rights to expanded borders under international law

Peter Baum

No modern day conflict receives so much detailed and disproportionate attention than the Israel – Palestine Conflict. Unfortunately for reasons varying from extreme ignorance to extreme antisemitism much of the output for, decades has been disproportionately negative against Israel and biased and sympathetic towards the so-called Palestinian cause.

Many commentators spew utter garbage when attempting to justify their anti-Israel views by regularly referring to Israel’s continuous breaching of International Laws. Irrespective of whether or not UN Resolutions are binding under International Law (and they are not) the binding principles of Acquired Rights and Estoppel enshrine Israel’s legal rights under International Law for time immemorial.

How can the frenzied anti-Israel mob be left unchallenged during a debate by studio hosts who should avail themselves of the legal issues documented as I have identified below? Moreover, why are Israel’s supporters not briefed similarly and how has it become the norm that fiction and revisionist history have morphed into fact.

Balfour Declaration……..a statement of intent of British Foreign Policy, November 2, 1917

Smuts Resolution, January 1919

Officially endorsed by the Council of 10 on January 30, 1919 – Palestine as envisaged by the Balfour Declaration named as a Mandated State.

The Smuts Resolution became Article 22 of the League of Nations Covenant

Paris Peace Conference, February 27, 1919

Treaty of Versailles, June 28, 1919

San Remo Resolution – the Magna Carta of the Jewish People, April 25, 1920

Became Article 95 of the Treaty of Sevres and retained its validity as an act of International Law when inserted into the Preamble of the Mandate for Palestine confirmed by 52 States of the League of Nations. Article 22 also implemented the Balfour Declaration and the San Remo Resolution. The Mandate has 28 Articles.

It is the Legal official Legal creation of Israel / Palestine adopted by the 52 States and by the Supreme  Council of the Principal Allied Powers Under this Resolution the Principal Allied Powers charged the British Government (who accepted ) with the responsibility and legal obligation of putting into effect the Balfour Declaration and the borders of Israel / Palestine including Cis and Trans Jordan. It combined Article 22 of the L of N with the Balfour Declaration *Arab National aspirations recognized to:

Saudi Arabia / Hijaz 1931

Iraq (Mesopotamia ) 1932

Lebanon 1943 and Syria -under French Mandate 1946

Treaty of Sevres, Article 95, ratified by all L of N bar Turkey, August 10, 1920

Franco British Boundary Convention ….identified and confirmed all borders of Palestine, December 23, 1920

Agreed by David Lloyd George and Georges Clemenceau defined Palestine as from Dan to Beersheba and also included TransJordan and other Nations, Saudi, Mesopotamia, Syria

League of Nations Covenant  Article 22, July 24, 1922

The idea of an Internationally binding Legal Covenant was the idea of Woodrew Wilson and contained his 14 points of January 8, 1918 Mandate system established and governed by Article 22 – also within the Treaty of Versailles.

Article 5 – Great Britain shall be responsible for seeing that no Palestine territory shall be ceded or leased to or in any way placed under the control of the  Government of any Foreign power

N.B. Great Britain illegally by unilaterally divided the land between West ( Cis ) and Trans (West ) Jordan and illegally gave the Golan Heights to France for Syria. The excision of Transjordan based on Article 26 is almost certainly illegal as it directly contravened Article 5 but too late to be rescinded

Article 6 shall facilitate Jewish immigration and shall encourage settlement by Jews on State Lands and Wastelands.

Anglo American Convention  codified all the above into US Law, December 3, 1924

UN Charter Article 80    any changes to 1922 L of N Mandate overridden, June 1945

The UN is required to uphold provisions of all previous League of Nations Treaties’ rights gained through a Mandate will not expire as a result of the expiration of the

Mandate’.

This principle of Acquired Rights once granted is recognized under a Treaty or other instruments do not expire with the expiration of the Treaty

UN General Assembly Partition Resolution

Not legally binding as General Assembly can only make recommendations, November 1947 and May 1948

South West Africa – Decision on Mandates  – upheld UN Charter, July 1966

Vienna Convention  Article 70 ( 1 ) ( b), May 1969

The rights of the Jewish People deriving from the Mandate for Palestine remain in full force. This principle of International Law would still apply even if one of the parties to the Treaty failed to perform the obligations imposed on it e.g. the British Government in regard to the 1922 Mandate for Palestine.

Under the doctrine of Estoppel prohibiting any State from denying what it had previously admitted, committed to or recognized under a former Treaty or any other International Agreement.

For all seriously interested in the legal aspects of the Israel Palestinian issue the facts are as stated above. This will come as unpalatable reading for those in denial, for those so hopelessly bigoted and for those who have a rabid animosity towards Israel, Zionism and the rights of Jews to have their own homeland. The cries of Apartheid, racism, and genocide directed at Israel are simply myths identified by those who yell fascist but are themselves guilty of what they accuse others of being.

The cowardly baying mob has had more than their share of rewarded publicity and it is time they are intellectually challenged.  This is just the start.

Peter Baum, a is a researcher, columnist, writer, and Special Contributor of Blitz

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