Evening star., 1948-06-10
Jewish Claim to Palestine

LAUHA n. FoLLCkAs
Jewish Claim to Palestine
To the Editor Of The Star:
The assumption by "Internationalist" IN let
ter appearing in The Star of June that Amer
. lean policy with regard to Palestine is based on
blind advice" is highly presumptuous, though
his call for more education on the subject is
not to be gansaid. Equally presumptuous is
his reference to the British Declaration OF
November 2, 1917, the so-called Balfour Decla-
ration, "in favor of the establishment in Pales-
tine of national home for the Jewish people"
as nothing more than beau geste." In effect,
this is mockery of the judgment of the highest
international authority, namely the League OF
Nations, which on July "a, 1922, formally ap-
proved the Palestine Mandate embodying this
Declaration, with the concurrence OF all the
. enliehtened nations of the world.
Are we to understand that President Wood
row Wilson was simply ignorant when he ap-
proved of the Balfour Declaration, and added,
as reported in the New York Times OF March 8,
1919 that he was persuaded that the Allied
nations, with the fullest concurrence OF our
Government and people, are agreed that IN
Palestine shall be laid the foundations OF a
Jewish commemorative? On September Il,
1922 President Harding signed joint resolu-
ton of Congress expressing support OF the
Jewish national home in Palestine.
Our "1nternationalist" friend thinks that he
d;snoses OF Jewish rights" in Palestine simply
by referring to the fact that the Jews lived
there over 1000 years ago, while maintaining
"the Arabs were there not only before the
reriod of Jewish control, but for centuries after
were in uninterrupted possession But what are
the facts?
The Roman Conquest.
The Jews were the indubitable soverelgns Oh
the land for more than 1000 years, until the
destruction of the Jewish state by the Romans
in the year 10. Palestine never has since con-
stituted an independent political entity. Ihe
Romans perished without leaving legal sue
cessor The Arabs, who conquered 1t IN 634,
remained in possession for relatively SNORT
time. when it passed successfully to the rule Of
the caliphs of Damascus, the caliphs OF Bagdad,
the Tuinide governors of Egypt, back to the
caliphs of Bagdad, then to the Egyptian 1kshidi
princes, and finally to the caliphs Of Cairo.
After 1o71 Palestine was subjected to nom
Arab conuuerors the Kurds, the Crusaders, the
Mamelukes, and finally the Turks. In 1923 by
the Peace Treaty of Lausanne the Turks sur
rendered their rights to the Allied Powers.
According to the principles of international
law. the Jews never have lost their rights.
Although the Romans conquered the country,
international law admits the legality OF con-
quest subject only to certain conditions one
of these conditions is that the conqueror must
have been "in continuous and undisturbed pos
session" for considerable time but that "as
long as other Powers kept up protests and
claims, the actual exercise OF sovereignty is not
undisturbed." (Oppenheim, International Law,
5th edition, London, 1887, Volume I, Page 1867
Since the Jews were conquered after Ditter
resistance and continuously, by word and act,
have asserted their claim, we must conclude
that the Roman conquerors never established a
clear title to Palestine. The old Jewish claim,
moreover, has received renewed vitality through
the Balfour Declaration and the Palestine Man.
date of the League of Nations, the Preamble OF
which states: Recognition has thereby tthe
Balfour Declaration) been given to the his
torical connection of the Jewish people with
Palestine and to the grounds for reconstituting
their national home in that country"
The we'll supported Jewish claim could be
overcome only If the Arab claim proved to be
a stronger one. But this is not the case. The
Arab claim by conquest is imperfect for a
number of reasons. No Arab state can pretend
to be the legal successor OF those who con-
ouered Palestine in 634. The Arabs ruled Pales-
tine for a relatively short period (437 years..
During the past S77 years, /. e. from the year
1071, there has been no Arab rule in Palestine.
Moreover, unlike the Jews. the Palestine Arabs
never struggled for their independence; they
submitted to every conqueror and thus acqui-
esced in their domination. Even in 1917, when
the Arabs Of the desert revolted against Turk
ish rule, the Palestine Arabs took no action
and the majority continued to fight for the
Turks.
Arab Rights Disputed.
It is a myth that the Arabs were in uninter-
rupted possession of Palestine for centuries.
The present-day non-Jewish inhabitants OF
Palestine are not In the main the descendants
of the ancient inhabitants Of the land. They
are highly mixed group continuously repen-
ished from the tribes of the Arabian desert; the
Greeks, Romans and Crusaders have made their
contribution to the racial makeup of the Holy
Land: in modern times the Turkish governors
and Egyptian conqusroFs introduced large con-