Newsgroup: it.politica.internazionale
Titolo: The Jewish People’s Rights to the Land of Israel

http://fresnozionism.org/2011/12/review-the-jewish-peoples-rights-to-the-land-of-israel/
 
 
The Jewish People’s Rights to the Land of Israel, by Salomon Benzimra
(Kindle Edition: Canadians for Israel’s Legal Rights, 2011. No ISBN).
 
The Balfour declaration, which became part of international law when
it was incorporated into the British Mandate for Palestine, ratified
by the Allied Powers at the San Remo conference (1922) and adopted by
the US through the Anglo-American Convention (1924), became a binding
international commitment to the Jewish people, based on the
“historical connection of the Jewish people to Palestine and the
grounds for reconstituting their national home there,” a commitment
which has never been revoked.
 
[...]
 
    On the strength of the concept of “self-determination” advocated
by President Wilson in 1918, the Jewish people acquired legal
sovereignty in Palestine, based on their historical connection to the
land, even though this sovereignty was held in abeyance for the
duration of the Mandate period. These national rights in Palestine
were exclusive to the Jewish people, who became the national
beneficiary under the Mandates System. Britain was assigned a triple
role: a) as Mandatory, to secure the establishment of the Jewish
National Home… b) as Trustee, to preserve the whole land in trust for
the benefit of the Jewish people; and c) as Tutor… The Legal Title to
Palestine was therefore transferred from the Allied Powers … to the
Jewish people. [loc 1285, emphasis in the original]
 
 
The phrase “in Palestine” in the Mandate as meaning “in all Palestine”
primarily because of Article 5, which says that “no Palestine
territory shall be ceded to … any foreign power.” Any repartition of
the land, such as the establishment of a Palestinian Arab state east
of the Green Line, would be illegal.
 
The Mandate called for “close settlement by Jews on the land” in
Article 6, and argues that this implies that Jews have a right to live
anywhere in Palestine, including Judea and Samaria. It can be argued
that the Mandate’s provisions will be operative until the Jewish home
has been established with recognized borders. This hasn’t happened
yet, and so until it does, there can’t be a limitation on Jewish
communities in the area of the Mandate.
 
In summary, the state of Israel’s legitimacy in international law is
unquestionable, and is derived from the Balfour Declaration and the
Mandate (and the declaration of independence of 1948), which in turn
are based on the Jewish people’s historical connection to the land.
 
Episodes of Arab violence against Jews led to British “commissions of
enquiry,” which then resulted in White Papers that restricted Jewish
rights — culminating in the execrable MacDonald White Paper of 1939,
which arguably sealed the fate of hundreds of thousands of Jews
trapped in Europe.
 
The MacDonald White Paper not only limited Jewish immigration to a
trickle, it called for a “Unitary Palestine State” from the river to
the sea, encompassing both Jews and Arabs, with the Jewish population
not to exceed 1/3 of the total! Need I add that this is a total
renunciation of the spirit and letter of the original Mandate?
 
The legal rights of Israel have not been effectively upheld; in
particular,  the decision made after the 1967 war not to apply Israeli
law to the conquered territories, but rather to treat it as a
belligerent occupation. This was done to avoid the acquisition of a
large number of Arab citizens, and in the hopes that the Arab nations
would agree to negotiate a real peace in return for the territory,
which did not happen.
 
Any peace negotiations need to include a recognition of the true
facts, including the historical connection of the Jewish people to the
land — which the Arabs and their supporters are doing their best to
replace with  a forged narrative — and the legal rights of the Jewish
people.
 
 

 The Jewish People’s Rights to the Land of Israel
 
http://www.youtube.com/watch?v=zsfXHnSJYOI