Connect with us

Israel does not illegally occupy any land

Israel, Nations Mandate, Ottoman Empire, WW1, Great Britain, Jewish State, Jordan, Lebanon, Syria, Mesopotamia, League of Nations Mandates,

Oped

Israel does not illegally occupy any land

The intention of this article is to explain as clearly as possible the unalterable, legally binding Mandates and other legal endorsements which verify that Israel occupies no land other than the geography she rightfully possesses.

“The mini skirt and silicone breast implants were creations of the 1960’s – as were the Palestinians”.

After decades of excremental propaganda and false narrative originating from a professionally incompetent, hostile, rabidly biased mainstream media and Israel’s political enemies, it is not surprising that fiction has morphed into fact. This article will expose the mythology referring to Israel’s ‘occupation’ and put the record straight which will both surprise many and exasperate and nauseate the racists. I shall wait in eager anticipation for the insults and threats I and anyone else sharing this post are bound to receive from the pro-Palestinian (and the anti-Jewish State) mob. Those very same people who would most certainly have been baying for the blood of Dreyfuss at the turn of the twentieth century irrespective of his innocence.

The intention of this article is to explain as clearly as possible the unalterable, legally binding Mandates and other legal endorsements which verify that Israel occupies no land other than the geography she rightfully possesses.

We’ll go step by step. The map identifies the legally defined geographical area that should have been the territory of the Jewish State via the League of Nations Mandates, 1922, established following the fall of the Ottoman Empire after WW1. Great Britain being one of the victorious nations decided unilaterally to include another Article within the Mandate, Article 25, which reduced by seventy per cent the territory originally assigned to the Jewish State to what is now Jordan. The inclusion of this Article has never been challenged within International law and there are expert opinions from numerous scholars suggesting that Israeli territory should include the area that Great Britain duplicitously excluded. Nevertheless, we are where we are and the League of Nations Mandate though possibly unlawfully reducing Israel’s sovereign territory, does include Gaza, Judea and Samaria now known as the West Bank. Simultaneously the establishment of other nation state territory under Mandates were created – Syria, Mesopotamia (Iraq) , Jordan and Lebanon. Thus, if the Mandate for Palestine, deemed illegal by Israel’s current enemies, then so were the formations of all those other nation states which is patently absurd and cannot be upheld legally.

The United States not being a member of the League of Nations at the time of the Mandate, nevertheless passed without qualification into US law by Congress in the Anglo-American Convention of 1924, the League of Nations Mandates.

These Mandates are legally binding to this day even though the League of Nations role was substituted by the United Nations in 1945, it is Article 80 of the United Nations Charter which guaranteed for time immemorial continuity of the rights of the Jewish people under the original Mandate.

“…nothing in the United Nations Charter shall be construed to alter in any manner the rights whatsoever of any States or peoples or the terms of existing international instruments”.

Moreover, if there was any need to reinforce, reconfirm, further endorse or ratify these internationally binding Mandates, which there is not, then the internationally recognized binding principles of Acquired Rights, Estoppel and Uti Possiditis Juris unambiguously rubber stamp the geography of the nation state of Israel as per the original Mandate.

Acquired Rights simply established that when a nation received Mandatory Approval nothing under international law could revoke that which has been given. Estoppel established that a nation voting for (in this example) a Mandate, could not revoke their original decision.

Uti Possiditis Juris is relevant to the West Bank and Jerusalem. In 1948 when Arab armies attacked the fledgling state of Israel, Jordan took control of the West Bank and part of Jerusalem all of which Israel regained in 1967 and Uti Possiditis Juris established under international law Israel’s right to repossess. This principle serves to preserve the boundaries of areas to emerge as States by way of binding Mandates. Israel’s rights to her original boundaries fall within this principle.

Israel’s enemies are forever citing that Israel may be in breach of certain unilateral UN Resolutions thus breaking international law. However, UN Resolutions not encompassed within, a Treaty or Mandate, do not make international law and any country may implement or not, accept or indeed reject a UN Resolution and if rejected no international law is broken.

Thus, no area within the ‘West Bank’ (Judea and Samaria) or Jerusalem is occupied and should Israel ever wish to regain Gaza, that too would be in Israel’s legal geographically defined borders. Then there is Golan and make no mistake Israel is not illegally occupying Golan as Golan is defined as ‘disputed territory’ given the technical state of war currently between Israel and Syria.

I hope this helps in any debate about illegal Israeli occupation. Any time you hear this phrase on the news or read it somewhere then just point out the plain and simple facts as explained above.

Numerous scholars and legal experts in volumes of disciplined research have concluded that Israel does not illegally occupy any land as the Palestinians and their vocal and militant support base claim. The Mandates and UN Charter cannot be amended and have not been.  Indeed, it is worth reiterating as I have done in previous articles that the Arab leadership testifying to the 1937 Peel Commission declared unambiguously that all land had indeed been purchased by the Zionists via the Jewish National Fund or by individual philanthropists. The Nazi collaborator, the Grand Mufti of Jerusalem, Haj Amin al – Husseini stated this unequivocally to Sir Laurie Hammond. Thus, even the claim that land had been stolen does not apply regarding illegal occupation.

Howard Grief in his classic work ‘The Legal Foundations and Borders of Israel Under International Law’ is a detailed reference manual but there are many others. Michael Calvo’s ‘Applying Sovereignty in Judea And Samaria Is Legal perfectly summarizes’ Israel’s legal rights. Other legal experts who similarly concluded are Dr. Jacques Gautier who investigated this subject for over twenty years and the equally competent Professor Eugene Kantorovich. One of the most enjoyable summaries on the myth of occupation I found was an essay entitled My Daily Kvetch of January 2016.

Even European Courts conclude that Israel does not occupy any land.  Exasperating for the anti-Israel mob, the Court Of Appeal of Versailles, France ruled in its judgement in March 2013 and usefully ignored by mainstream media, that ‘Israel is the Legal Occupant of the West Bank’.

In conclusion it is difficult for the uninformed to do anything other than comply with the overwhelming but untruthful description of land occupation when debating the issue. But heed this. Each time a mainstream media muppet refers to Israel’s illegal occupation, those having read this essay have the knowledge and hopefully the will to challenge that false narrative.

The media have spread such myths for decades and we must challenge and reverse the fake news and Weekly Blitz is one such publication with the moral decency and courage to do just that.

Dear readers, Blitz is neither an Israeli State nor Jewish owned or sponsored publication. It is an independent journal which has been publishing the truth under extreme adversities since 2003.

Recommended for you:

Peter Baum, Editor (International Political Affairs) to Blitz is a research-scholar, who writes extensively on Israel, Holocaust, Zionism, Middle East, Anti-Semitism, and other issues. Peter Baum has worked for four decades in the International Financial Markets specializing in the Capital Market. He held directorships at large International Financial Institutions and ended career as consultant to an Investment Management company. Baum is a member of the Institute of Directors. He has worked extensively abroad in the Asia, Africa, the USA and Europe and after retirement spends his time as a political researcher, activists and columnist. In addition to his engagement with Blitz, Peter Baum has also been writing for the Gatestone Institute, Conservative Woman and Decisive Liberty and has appeared numerous times on TV and radio mainly talking about Israel and the Middle East.

Click to comment

Leave a Comment

More in Oped

Advertisement

Popular Posts

Subscribe via Email

Enter your email address to subscribe and receive notifications of new posts by email.

Top Trends

Facebook

More…

Latest

To Top
%d bloggers like this: