Article 80 and the UN Recognition of a “Palestinian State”

September 22, 2011 10:58 am 41 comments

The Signing of the United Nations Charter in 1945.

In the entire debate now taking place on whether the United Nations Security Council or General Assembly has the right to approve the application of the “Palestinian Authority” to be recognized as a new member state of the UN, almost no mention is made of the legal fact that the UN itself is barred by its own Charter from acting upon or approving such an application. The reference here is, of course, to Article 80 of the UN Charter, once known unofficially as the Jewish People’s clause, which preserves intact all the rights granted to Jews under the Mandate for Palestine, even after the Mandate’s expiry on May 14-15, 1948. Under this provision of international law (the Charter is an international treaty), Jewish rights to Palestine and the Land of Israel were not to be altered in any way unless there had been an intervening trusteeship agreement between the states or parties concerned, which would have converted the Mandate into a trusteeship or trust territory. The only period of time such an agreement could have been concluded under Chapter 12 of the UN Charter was during the three-year period from October 24, 1945, the date the Charter entered into force after appropriate ratifications, until May 14-15, 1948, the date the Mandate expired and the State of Israel was proclaimed. Since no agreement of this type was made during this relevant three-year period, in which Jewish rights to all of Palestine may conceivably have been altered had Palestine been converted into a trust territory, those Jewish rights that had existed under the Mandate remained in full force and effect, to which the UN is still committed by Article 80 to uphold, or is prohibited from altering.

As a direct result of Article 80, the UN cannot transfer these rights over any part of Palestine, vested as they are in the Jewish People, to any non-Jewish entity, such as the “Palestinian Authority.” Among the most important of these Jewish rights are those contained in Article 6 of the Mandate which recognized the right of Jews to immigrate freely to the Land of Israel and to establish settlements thereon, rights which are fully protected by Article 80 of the UN Charter.

It should be common knowledge that under the Mandate, all of Palestine was reserved exclusively for the establishment of the Jewish National Home and future independent Jewish State, as was previously decided at the San Remo Peace Conference that took place in April 1920. Or put another way, no part of Palestine was allotted for an Arab National Home or state, since Arab self-determination was being generously granted elsewhere – in Syria, Iraq, Arabia, Egypt and North Africa – which has led to the establishment of the 21 Arab states of today, over a vast land mass from the Persian Gulf to the Atlantic Ocean. There is thus no necessity for a new independent Arab State in the specific area of former Mandated Palestine reserved for Jewish self-determination, most particularly, in Judea, Samaria and Gaza. Creating such a state out of Jewish land would be blatantly illegal under Article 80 of the UN Charter and beyond the legal authority of the UN itself.

In this respect, neither the League of Nations nor its successor, the United Nations, ever had sovereign rights over the land we Jews call Eretz-Israel. As a non-sovereign, the UN has no power whatsoever to allot territory to the “Palestinian Authority” where the allotted territory already belongs to the Jewish People.

Moreover, there is no article in the UN Charter which gives either the Security Council or the General Assembly or even the Trusteeship Council the power to create a new independent state. If the UN had such power, then logically it would also have the inverse power to “de-create” or dismember an existing state, a power it certainly does not enjoy under the UN Charter. If, theoretically speaking, this power did exist, the UN would be in effect a world legislature that could make or unmake states by its own volition, a power that would put in jeopardy the present world order.

For the foregoing reasons, the bill introduced in the US Congress by Ileana Ros-Lehtinen is definitely the proper course of action to follow. UN illegality needs to be roundly condemned and stopped dead in its tracks by an appropriate punitive measure, exactly as Ros-Lehtinen has proposed. Her bill would be even more worthy if it were to include a direct reference to Article 80 and to the fact that the UN has no legal power to create a state or to allot another state’s territory for that purpose, accomplished through the devious or underhanded means of accepting the applicant’s request for membership in the world body.

41 Comments

  • The Law of Return is for The Jews, the option to return to Greater Israel and The Arab-Arab-Arab-Palestinians to leave Greater Israel and return to the Arab countries they originated from. The Arab-Arab-Arab-Palestinians should move to the Million plus Jewish homes confiscated by the Arab countries from the expelled Jewish people and the 120,440 sq. km. of Real property the Arabs confiscated from the million plus Jews and their children expelled from Arab countries. That is the only viable alternative.
    Face it and stop hallucinating, once and for all. There will never be an Arab-Arab-Palestinian State in Greater Israel West of the Jordan River (Judea and Samaria). Jerusalem the United Eternal Capital of the Jewish people.
    YJ Draiman

    Sending thousands of rockets indiscriminately into civilian centers and tunneling into Israel to kill civilians and sending suicide bombers is not an obstacle to peace but building homes is? Are the U.S. & E.U. going on tour as a new comedy duo?

    The Jewish heart and mind is eternally connected to Jerusalem and Israel for thousands of years

    “For three thousand years, Jerusalem has been the center of Jewish hope and longing. No other city has played such a dominant role in the history, culture, religion and consciousness of a people as has Jerusalem in the life of Jewry and Judaism. Throughout centuries of exile, Jerusalem remained alive in the hearts of Jews everywhere as the focal point of Jewish history, the symbol of ancient glory, spiritual fulfillment and modern renewal. This heart and soul of the Jewish people engenders the thought that if you want one simple word to symbolize all of Jewish history, that word would be ‘Jerusalem.’ “

    “Every Jew has a spark in his soul from the light of God above that illuminates his way during difficult times. And when it seems to him that he is lost and that there is no way out, the spark flares and lights his way. This is the little jug of oil that is revealed in time to save the Jew in times of despair and to light up his life in desperate times.”

  • Wow! This thread is filled with more genuine geniuses than MIT, Technion and Oxford — put together! And not one of you pointed out that the UN and the Obama dictatorship are serial law breakers! So put away your legal documents and historical narratives and simply be prepared for another war because that ignominious organization called the United Nations and the Islamist president of the United States are colluding as we type in a villainous attempt to eradicate Israel whether it’s legal or not.

  • With The Legal Foundation and Borders of Israel under International Law (Mazo Publishers, Jerusalem) Canadian-born Israeli constitutional scholar and lawyer Howard Grief has given us a book that shatters every myth, lie, misrepresentation and distortion employed over the 61 years of Israel’s existence to negate the sovereign rights of the Jewish People to their national home.
    It is a lengthy treatise – 660 pages plus a 50-page appendix – but the Jewish people’s long and tortuous struggle to retrieve their stolen patrimony deserves nothing less than full disclosure. Anyone who has ever been at a loss to counter the slanders and calumnies that are the stock in trade of the Israel-bashers and anti-Semites on both the Left and Right will treasure every one of its 20 illuminating chapters.

    Rooted in the premise that the best antidote to a myriad of small and medium sized fabrications is the exposure of the whole cloth from which they’ve been woven, The Legal Foundation lays bare two dominant myths that have shaped popular perspectives on Israel. The first is the fallacy that Jewish sovereignty over the land of Israel was the joint product of the 1947 United Nations Partition and the May 15th, 1948 termination of the British Mandate for Palestine.
    In fact, as Grief points out, Jewish sovereignty in Palestine had been validated under international law 28 years earlier.
    “The legal title of the Jewish People to the mandated territory of Palestine in all of its historical parts,” he informs us, was first recognized on April 24, 1920 when the post-World War I Allied Supreme Council (Britain, France, Italy and Japan), meeting in San Remo, Italy, “converted the 1917 ‘Balfour Declaration’ into a binding legal document.” This was confirmed by the 1920 Treaty of Sevres and Lausanne.
    How “binding” may be construed from the fact that its wording gave effect to the provisions of Article 22 of the Covenant of the League of Nations and became incorporated into the Mandate for Palestine.
    Indeed, the “San Remo Resolution,” within which the Allied Supreme Council’s decision is contained, constitutes what the author terms “the foundation document of the State of Israel, the legal existence of which is directly traceable from that document.”
    That the Jewish People were unable to exercise their sovereignty in Palestine for 28 years – it being assigned to the British Mandatory power as their de facto agent – did in no way detract from their ‘de jure’ rights to the land under international law during that interregnum.
    In this thesis, Grief is ironically supported by both a passionate Zionist, U.S. Supreme Court Justice Louis D. Brandeis and one of Zionism’s most implacable opponents, post World War I British Foreign Secretary Lord George Nathaniel Curzon.
    Brandeis believed that with the passage of the San Remo Resolution, the debate over who owned Palestine was effectively over. Curzon called the Resolution the “Magna Carta” of the Jewish People.
    From the initial mis-attribution of Jewish sovereignty in Palestine to the 1947 Partition Plan rather than the 1920 San Remo Resolution, it was just a hop and a skip to a second major mis-representation of Israel’s international legal status – the erroneous assumption that the Partition Plan and the May 1948 termination of the British Mandate somehow erased the Jewish People’s rights to Palestine in all its historical parts and dimensions enunciated at San Remo, and implemented under the terms of the League of Nations Covenant.
    Those “parts and dimensions” were defined inter alia, as including the
    northwestern portions of the Golan and most of present day Jordan by the “Franco-British Boundary Convention” in Paris.
    The presumptive cancellation of those rights, Grief submits, is thoroughly discredited by “the principle of acquired rights,” codified in the 1969 Vienna Convention on the “Law of Treaties,” and the “doctrine of estoppel.”
    The first, he asserts, insures that “the fundamental rights of the Jewish people did not lapse with the international process which brought them into existence. The second further guarantees that these rights cannot simply be abrogated or denied by those states which previously recognized their existence.”
    Taken together, they provide what the author terms a “definitive answer anyone who claims that Jewish legal rights and title of sovereignty over all of Palestine and the land of Israel did not continue after the end of the Mandate for Palestine…except in the allotted boundaries of the UN Partition Plan…”
    Noteworthy among the states that wholeheartedly endorsed Jewish sovereignty over Palestine in all its “historical parts and dimensions” was the United States of America – the same U.S.A that today regards Israel’s presence in Judea and Samaria as an illegal “occupation” of lands upon which it favors the creation of a Palestinian State.
    The Obama administration and the Bush administration that preceded it are either unaware or have chosen to be unaware of the fact that the 1924 Anglo-American Convention on Palestine made the U.S. a “contracting party” to the Mandate, further reinforcing a unanimously passed Joint Resolution of the 67th Congress two years earlier, signed by President Warren G. Harding, recognizing a future Jewish State in “the whole of Palestine.”
    It needs to be borne in mind, Grief notes, that the Mandate for Palestine that was ceremoniously incorporated into U.S. law in 1924 “was a constitution for the projected Jewish state that made no provision for an Arab state and which especially prohibited the partition of the country.”
    Thus, he concludes, the fierce exception the U.S. has taken to Jewish communities in Judea and Samaria and its unremitting pressure for creation of a “Palestinian State” amount to a repudiation of its signature to the Anglo-American Convention on Palestine. It is in violation of American law and America’s obligations under international law.

  • The article is deficient on on the following premises:

    1. It ignores the rights provided in the mandate of the indigenous Palestinian people;

    2. It infers the words “home for the Jewish people” to mean “homeland”;

    3. it ignores the fact that Palestine was declared as a “State” under a Class A mandate under tutelage in 1922 and it took legal effect in 1924. Palestine had its own courts etc;

    4. It assumes that all Jews have a “connection” to the land of Palestine as stated in the mandate in complete contradiction to the facts.

    It has been proven beyond doubt that:
    1. Ashkenazi Jews some 75% of world Jewry are Judaized (convert Jews) see the work of Eran Elhaik Israeli Geneticist;http://gbe.oxfordjournals.org/content/early/2012/12/14/gbe.evs119.full.pdf

    2. There was never a Roman exile of the Jews some 2000 years ago see the work of Israeli Historian The Myth of the Jewish Exile from the Land of Israel: A Demonstration of Irenic Scholarship Yuval, Israel Jacob;https://docs.google.com/file/d/0B-5 JeCa2Z7hV2szWm1VYmVlckE/edit

    3. The Palestinian People are the Hebrews of the bible amongst other tribes of the biblical land as traced in the Demographic History of Palestine in Wikepedia;

    In these circumstances one can completely discount the Myth of the Diaspora and therefore the supposed Aliyah Jewish Right of Return, as well as any Jewish “Connection” to the land of Palestine as required under the mandate.

    Finally Professor John Quigley in his book “The Statehood of Palestine” clearly spells out the fact that Palstine has been a state continuously since 1924 and Israel is a state that ceded a part of Palestine in 1924.

    Professor Quigley shows that British legal opinion questioned wether Israel can be formed as as a state in a legal sense and the United Nations in 1948 refused the Syrian request to obtain such an opinion.

    Under those circumstances and from a legal perspective it may be worthwhile to obtain final legal judgment on the question of Palestinian and Israeli Statehood.

    • Iyad Rafidi- By what standards do you label Arab Palestinians as “Indigenous”. Residents of longstanding are not necessarily Indigenous. And just given documented history, as well as Family Names indicating place of origin, the Arab Palestinians are not Indigenous to the that area of the Levant.

      • Mara Cohen,

        You’re question implies that you believe that Jews are the only rightful owners of Palestine. If so, and likewise, by what standards does one label European Jews as the owners of Palestine? As Jewish and other scientic DNA research concluded, European Jews aren’t even semites.

    • Nikita Kamenetski

      Before mid 1970s in the English Language dictionaries the term Palestinian People had never been used.
      The Columbia Encyclopedia, New York & London, Columbia University Press, 1968 in the article on Palestine there’s not a single word “a palestinian”. The reason was that there were no Palestinian people in 1968. For the first time in the Global arena the term Palestinian People was used on December 22 1976 UN General Assembly document A/Dec/31/318 Resolution 31/318.
      And here I am citing from Wallace Edward Brand’s “SOVIET RUSSIA, THE CREATORS OF THE PLO AND THE PALESTINIAN PEOPLE”:
      “The revelations of the highest ranking Soviet bloc defector, Lt. Gen. Ion Mihai Pacepa [Romania], show that the peace process is, and has from the outset, been nothing but a charade.
      It all started with the creation of a fictitious “Palestinian People” who allegedly demand political self determination. This collective noun was created by the Soviet disinformation masters in 1964 when they created the Palestinian Liberation Organization, the “PLO”. The term “Palestinian People” as a descriptive of Arabs in Palestine appeared for the first time in the preamble of the 1964 PLO Charter, drafted in Moscow. The Charter was affirmed by the first 422 members of the Palestinian National Council, handpicked by the KGB.
      Why in Moscow? The 1960s and 1970s were the years the Soviets were in the business of creating “liberation organizations”: for Palestine and Bolivia in 1964, Columbia 1965, in the 70s “The Secret Army for the Liberation of Armenia” that bombed US airline offices in Europe, and “The Democratic Front for the Liberation of Palestine that bombed Israelis.” But the PLO, was by far its most enduring success….
      In the PLO Charter preamble they actually had to use the phrase “Palestinian Arab People” to exclude those Jews who had retained a presence in Palestine since Biblical times and had been a majority population in Jerusalem as early as 1845. Romanian Communist dictator Ceausescu, at Soviet urging, persuaded Arafat to abandon his claim of wanting to annihilate the Jews in Israel in favor of “liberating the Palestinian People” in Israel.
      Why? A brilliant strategy. That was the first step in reframing the conflict between the Arabs and the Jews from religious jihad to secular nationalism in a quest for political self determination, a posture far less offensive to the West. By focusing on political liberation for a small group of Arabs, it ignored the fact that Israel is a small state whose existence is threatened by the surrounding Arab states. These are states that outnumber its population many fold with Muslims who are commanded by an extreme form of their religion to kill infidels to take back land formerly controlled by Muslims. It creates Jews, ignoring they are a small group, as oppressors of an even smaller discrete group of Arabs, described in the Charter as Palestinian Arabs excluding those in Jordan, Judea, Samaria and Gaza. (After the 1967 war, and the Isreali conquest of Judea, Samaria and Gaza, the exclusions for Arabs in those areas were removed the Charter). It transforms the Jews from victims to oppressors. “

    • Wallace Edward Brand

      The Palestine Mandate was a trust in which the settlors who contributed the trust res were the Allied Principal War Powers. The lodestar of interpreting the trust is the intention of the settlors. This was described in a memorandum of the British Foreign Office dated December 19, 1917. The Jewish People had the immediate right of settlement in Palestine but the collective political rights were to be held in trust until the Jewish People attained a population majority in the area to be ruled and the capability of exercising sovereignty. This was to avoid charges that the government was “antidemocratic. These national rights vested in two parts. One part vested in 1948 when the Jews attained a majority of the population inside the Green Line and unified control over the defined territory and the permanent population. The second part vested when the Jews attained unified control over Judea, Samaria and East Jerusalem.

      “The Official Journal of the League of Nations, dated June 1922, contained a statement by Lord Balfour (UK) in which he explained that the League’s authority was strictly limited. The article related that the ‘Mandates were not the creation of the League, and they could not in substance be altered by the League. The League’s duties were confined to seeing that the specific and detailed terms of the mandates were in accordance with the decisions taken by the Allied and Associated Powers, and that in carrying out these mandates the Mandatory Powers should be under the supervision—not under the control—of the League.’[

      Article 27 gave a little flexibility to the supervisors of the trust but they could not alter it in substance. They could not change the cestui que trust from the Jewish People to the Arab People as has been implied. And the Permanent Mandates Commission ruled that the UK had no authority to adopt the changes in the 1939 Mandate. The trust lived on until 1967 when the territory of Judea, Samaria and East Jerusalem vested in the Jewish People even though the State of Israel has not asserted as yet asserted Jurisdiction over Judea and Samaria. Under Article 80 of the UN Charter, the UN has no authority to change the rights of the Jews in those territories.

      Under the Palestine Mandate the Jewish People could not require the non-Jewish communities to surrender any of their rights. By providing internal autonomy to those non-Jewiish communities, they have lived up to their obligations. The non-Jews in those territories never had collective political rights to self-determination. They had been under the colonial rule of Turkey for 400 years prior to 1920. All they had was individual political rights which were saved as “civil rights”, and religious rights also saved.

      See SSRN.com/abstract=2385304

  • Wallace Edward Brand

    The Palestine Mandate did not expire in May, 1947. It was a trust. A trust does not expire when the trustee resigns. A trust lives on until the trust res vests in the cestui sue trust or beneficiary. SSRN.com/abstract=2385304 Palestine Mandate in a Nutshell http://www.israelnationalnews.com/Articles/Article.aspx/15687#.VNfL9Vy0Sc8

  • Greater Israel belongs to the Jewish people under International Law!
    The Jewish People’s historical right to the land of Greater Israel had been recognized by the international community and upheld by the rule of public international law.
    Any view that contradicts this statement is pure distortion of the facts and history.
    Israel is not obliged to support the creation of an Arab state west of the Jordan river alongside Israel and it must not concede to any such arrangement or the security and survival of Israel will be compromised.
    The Oslo Agreements were made with a view to enhance “a just, lasting and comprehensive peace.” Yet, since their coming into effect the Middle East has witnessed not peace but violence of the worst kind in recent history. As of today the Oslo agreement is null and void. The Arab Palestinians have not lived up to any of the agreement. The Arab Palestinians promote, preach and teach their children and the masses to create terror, violence and suicide bombing. Their only goal is the destruction of the Jewish State, read the Palestinian and Hamas Charter.
    The establishment of the Palestinian Authority should serve as a “guide to the bewildered” of the grave risks posed by such an Arab State, which may eventually lead to the destruction of the Jewish State. Any land for peace compromise by Israel has made the situation worse. Sadly, appeasement and concessions by Israel only aggravated the situation and increased violence. Israel must stand its ground, resist unjust world pressure and protect its citizens at all costs. Any concessions by Israel will only make the situation worse and bring about more violence and death, as the past experience has proven.
    Under public international law, Israel is entitled to diligently encourage and promote close Jewish settlement of the land of Israel, thereby realizing the principles set out by the San Remo Treaty of 1920 and the League of Nations in the original Mandate document. In 1922 in violation of the treaty, the British gave away 80% of the land allocated to the Jewish people and gave it to the Arabs to set-up a state that never existed in history. (The British wanted to protect their oil interests).
    In addition at that time, the Allied powers also set up 21 Arab States and one Jewish State. If you questions Israel’s borders, you must question the 21 Arab States borders and Jordan.
    It is also important to address the expulsion of over a million Jewish people from the Arab countries and the confiscation of land owned by Jewish people in the Arab countries, totaling 120,000 sq. km. (4 times the size of Israel) valued at over 15 trillion dollars and other personal assets confiscated by the Arabs totaling over 990 billion dollars.
    The Jewish people resettled the million Jewish refugees from the Arab countries. It is about time the Arab countries who expelled the million Jewish people, must settle the Arab-Palestinian refugees once and for all without compromising Israel and bring about peace and tranquility to the region.
    Neither the U.N. nor any Country in the world has the authority to create a state or dissolve a state, (check the U.N. charter and international law.)
    A true peace will bring about an economic boom to the region of which the world has never seen before. It will raise the standard of living for all the people in the Middle East and accelerate peace and harmony.
    It will also divert the billions of dollars invested in war materials to be used to advance the economy, medical and social services and more.
    YJ Draiman

  • ….Законопроект, внесенный в Конгресс США Илеана Рос-Лехтинен, безусловно, надлежащим курсом действий, чтобы следовать. Незаконность ООН должна быть резко осудили и остановился на своем пути с помощью соответствующего карательной меры, точно так, как предложил Рос-Лехтинен. Ее законопроект будет еще более достойным, если бы это было включить прямую ссылку на статью 80 и тот факт, что ООН не обладает юридической силой создать государство, либо выделить территорию другого государства для этой цели, осуществляемый через окольных или тайных средств принимать ходатайство заявителя о приеме в члены всемирной организации.
    Как прекратить безрассудство ООН, Европейских советов, ЛАГ и прочих беззастенчиво лгущих НАРОДАМ лжеполитиков.

  • Re: Israel – To whom it may concern in Europe, Asia, the US and elsewhere:

    We are tired of hearing that withdrawal from Judea and Samaria will bring peace. We know and you know that it would bring another Gaza. So stop saying it and promoting this fallacy. Past experience has proven that concessions, appeasement and land for peace only increased terror, violence and more conflict.

    We are tired of hearing that land beyond the Green Line is ‘Arab-Palestinian land’. The Green Line is simply an armistice line that has no political significance. You know this too. The San Remo Treaty of 1920 Granted the Mandate for Palestine to the Jewish people, the same Allied powers also established 21 Arab States and one Jewish State – The Arabs are not willing to give up any part of the 21 Arab States and the Jews are not willing to give up any part of the Jewish State.

    We are tired of hearing about the “Arab-Palestinian people.” They are no different from the Arabs of Syria or Egypt, from which most of their ancestors migrated in the last 150 years or so. There is no Palestinian language or religion, and until very recently they considered themselves simply ‘Arabs’. Their culture is almost entirely defined by their opposition to the Jewish state. Teaching hate and terror to their children. There never was an Arab-Palestinian State or people in History. The Arab Palestinians have a State in Jordan which is 80% of the land originally allocated to the Jewish people under the San Remo Treaty of 1920.

    We are tired of hearing that “the Arab-Palestinians deserve a state.” We are indigenous here, not them, and their behavior entitles them more to a trial at The Hague than to a state. The Arab Palestinians have a State it is called Jordan which was carved out of Jewish allocated land in 1922.

    And they certainly don’t deserve our state, which is the only state they want. They already took 80% of Jewish allocated land which is Jordan. Israel also gave them the Gaza Strip.

    We are tired of hearing about ‘The Occupation’. As Minister Naftali Bennett said the other day, you can’t be an occupier in your own land. The Arabs are the occupiers, Greater Israel has been a Jewish state for 4,000 years even if it was temporarily conquered and occupied by various nations over the centuries.

    We are tired of hearing that “settlements are illegal under international law.” They are not. The San Remo Treaty of 1920 explicitly stated that Jewish people can reside anywhere in the Mandate for Palestine, those terms are set in perpetuity.

    We are tired of hearing that “settlement construction is an obstacle to peace.” Arab rejectionism and terrorism and suicide bombing is the reason there is no peace. When the Arab-Palestinians teach and preach hate, terror and destruction to their children, this is definitely not a road to peace and coexistence.

    By the way, we are pro-peace. We are just not pro-suicide and self destruction.

    We are tired of hearing about the 5 million (or whatever ridiculous number there are alleged to be) ‘Arab-Palestinian refugees’ or the ‘Arab-Palestinian Diaspora’. There were about 600,000 Arabs that left their homes in 1948, mostly of their own volition, more or less at the same time as the over 980,000 Jewish refugees from Arab countries, of which the Arabs confiscated their homes and assets. We resettled ours with limited land and resources — resettle yours, the 21 Arab states have more land and resources. The Arab dis-information must be ignored.

    We are tired of hearing anything from anyone associated with the U.N. The U.N. is a parasitic and criminal enterprise dominated by our mortal enemies. The U.N. cannot create states, it can only recommend and so can other nations only recommend and not create a state that never existed before in history. If they want an Arab-Palestinian state, it already exists, it is Jordan which has taken 80% of Jewish allocated land.

    We are tired of stupid post-colonialist rhetoric. We are not ‘colonists’ and Arabs do not have the right to murder us in the name of ‘resistance’ or beheading Jewish Rabbi’s in Jerusalem’s Har Nof Synagogue. Talking this way reveals you as moral imbeciles. They train their children to be suicide bombers. The Arabs are the colonialists.

    You can not recognize a state and people that never existed and that has no borders, no single government, and no economy. They are not trusted by Arab states either.

    We know we can not depend on any kind of security guarantee from anyone except the Israel Defense Forces. So stop being insulted because we do not trust you. And do not ask us to give up any nuclear weapons we might or might not have or any other method and technology that could help protect us.

    We know that the left-wing parties in Israel are bankrupt of ideas. We are not going to vote for them, no matter how much you would like us to. So do not bother trying to influence our election. We will only vote for a government that protects its people and cares about the Jewish heritage, more than it cares for world opinion.

    Don’t believe what you read in Ha’aretz newspaper, they represent a minority that has no allegiance to the Jewish heritage.

    Jerusalem, undivided, is the capital of the state of Israel. Get used to it, because you can’t change it, the Jewish temple will be rebuilt in Jerusalem.

    Sincerely,

    Ordinary Israelis who care about their heritage.

    Posted by: Draiman

    • Lynn Harrison

      Excellent post. This American supports you fully and am ashamed and terrified by my presisdent’s actions. My desperate hope is that we get a republican in 2016 and things will be better for Israel. Shalom.

  • Joseph Samuels

    Th hypocrisy of the UN continues unabated.

  • Well, after studying the Bible for over 50 years, both Old and New Testaments, I would emphatically state that the Bible is the most accurate historical document known to man. Take the time to read the well respected historian and reporter, Josephus who’s writings concur and confirm much of Scripture. The Bible has been used by archaeologist, historians, as well as theologians and found to be the most accurate document we have. With that said, God is very clear that HIs covenant promise of the land was to be to Abraham’s descendents through his son Isaac who was born to his wife (accepted of God as his wife) and not Ismael who was the son of Hagar. “And Abraham said unto God, O that Ishmael might live before thee! And God said, Sarah thy wife shall bear thee a son indeed; and thou shalt call his name Isaac: and I will establish my covenant with him for an everlasting covenant, and with his seed after him And as for Ishmael, I have heard thee: Behold, I have blessed him, and will make him fruitful, and will multiply him exceedingly; twelve princes shall he beget, and I will make him a great nation. But my covenant will I establish with Isaac, which Sarah shall bear unto thee at this set time in the next year.” Balfour recognized the extent of the land that God had made promise to Abraham, to Isaac, to Jacob, and reminded Moses as He took him up on Mount Nebo and showed him the land. Why the political correctness, why the misinformation??? When will we truly seek truth and believe the truth and have the courage to state the truth. The land rightfully, by a far greater authority than the UN or the US or any other government belongs to the descendants of Abraham! I stand amazed that people are unable to see the promise of God to not only scatter Israel because of her disobedience, but also His promise to bless her and bring her back into the land for an everlasting covenant. It is remarkable and should cause many to sit up and pay attention to what is going on. Through the prophet Zechariah, God states, “Behold, I will make Jerusalem a cup of trembling unto all the people round about, when they shall be in the siege both against Judah and against Jerusalem.” (Zechariah 12:2) How true that is today! Jerusalem is a cup of trembling to the world, that little sliver of land, 14 % of what God promised!!! Pray for the peace of Jerusalem and may God help us see truth! It is not far from us!

    • Justifying Occupation by a God that loves one and rejects another? What kind of a God is this? Then you tell me Christianity and Jesus love us?

  • “It should be common knowledge that under the Mandate, all of Palestine was reserved exclusively for the establishment of the Jewish National Home and future independent Jewish State, as was previously decided at the San Remo Peace Conference that took place in April 1920.”

    I don’t understand how did the author of this article reach this ridiculous conclusion;

    San Remo never said that the entire Palestinian Mandate was to be the Jewish homeland and it clearly said IN Palestine not ALL of Palestine nor did it mention a future independent state, not even Jewish self rule or sovereignty but homeland i.e. a place where Jews could immigrate and live WITHOUT affecting the rights of the existing non-Jewish communities.

    • Garrett Rutledge

      Basically true. The Mandate’s purpose was to facilitate the creation of a bi-national state. The Jewish homeland was to exist within this state. The Jewish state was created after Arab nationalists rejected both the bi-national option and the UN partition plan. That being said, the Arabs are due no more of what was Mandate Palestine than what was granted to them when the Trans-Jordan portion of the territories was made into the Hashemite Kingdom of Jordan. No other portion of the territories may be set aside for the creation of a solely Arab state or country without the consent of a duely elected representative of the Jewish people; which would be the government of the State of Israel.

      • Wrong. The Jews were given the right to immigrate to Palestine and apply for Palestinian citizenship. But it was specifically stated that the rights of the non-Jewish citizens of Palestine were not to be violated. They were never given Palestine, only the right to llive there. They have since taken, by force, a huge potion of land and made it exclusive to Jewish citizens, no Arabs allowed. This is a direct violation of the original agreement. They have no legal right to that land, whatever they might tell you. And Article 80 does not apply exclusively to the Jews. It doesn’t even mention them. This is an attempt to twist and distort the historical facts to give people the impression that the illegal Jewish settlements are legal. And it is all in response to the UN recognizing the State of Palestine, something Israel very much does not want to have happen.

        • How can you say “no Arabs allowed” when 1.5 million Arabs live alongside Jews, Christians, Druze and Ba’hais in Israel?

          The Apartheid of South Africa did not grant blacks rights; in Israel, Arabs are MPs and on the Supreme Court.

    • Rachmaninov Dwek

      Class A Mandates by definition vis a vis the League of Nations Charter are territories read for independence but in need of temporary administrative mentoring. That the League consigned Mandatory Palestine AS a Class A is how “Jewish State” is derived from “Jewish National Home.” Moreover it was Class Sui Generis with Arabs not even mentioned as an afterthought. While the Mandate named the Jewish Agency as the indigenous governing entity it laid out absolutely no equivalent for Arabs. Jews were permitted to immigrate at will regardless whether Arabs agreed or not. The League provided two Class A Mandates for Arabs and if local Arabs did not like living in a Jewish nation they were free to migrate into those two Arab Class As.

      • Jews were permitted to emigrate at will. White Paper. Please renew your library card. Avalon research at Yale is a great resource for documents.

        • The first White Paper (Churchill White Paper) of 1922 has absolutely nothing to do with limiting Jewish immigration and one of the provisions thereby included is the following:
          ‘During the last two or three generations the Jews have recreated in Palestine a community, now numbering 80,000… it is essential that it should know that it is in Palestine as of right and not on the sufferance. That is the reason why it is necessary that the existence of a Jewish National Home in Palestine should be internationally guaranteed, and that it should be formally recognized to rest upon ancient historic connection.’

          The White Paper that limited Jewish immigration in Palestine is the 1939 White Paper.

    • I am sorry but you are TOTALLY wrong. The 1917 Balfour Declaration enshrined verbatim in the 1920 San Remo Resolution by the League of Nations, very clearly states:

      “His Majesty’s Government view with favour the establishment in Palestine of a NATIONAL HOME FOR THE JEWISH PEOPLE, and will use their best endeavors to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice THE CIVIL AND RELIGIOUS RIGHTS OF THE EXISTING NON-JEWISH COMMUNITIES IN PALESTINE or the rights and political status enjoyed by Jews in any other country”.

      So, in answer to your WRONG arguments 1) the 1920 Resolution assigned the WHOLE MANDATE OF PALESTINE, including present day Kingdom of Jordan, to the establishment of a NATIONAL HOME for the Jewish people. Only in 1922 under pressure from Great Britain, the Land assigned to a future Jewish State was limited on the east, to the River Jordan, to accomodate east of the River in the approx. 75% remainder of the Mandate of Palestine, a Sheikhdom of Trans-Jordan given as reward to Hussein, the Sharif of the Mecca and King of Hejaz (Arabia) who was escaping the advancing hordes of the desert marauder Ibn Al-Saud.

      2) The Balfour Declaration enshrined in both 1920 and 1922 League of Nations Resolutions speaks of a NATIONAL HOME only for the Jewish People, while for the NON-JEWISH COMMUNITIES in Palestine it only guarantees and specifically mention their CIVIL AND RELIGIOUS RIGHTS but not their National Rights.

      A NATIONAL HOME of a people is quite obviously its NATIONAL STATE. Civil and Religious Rights have nothing to do with National Rights in Palestine that are reserved ONLY for the Jews of the world. Kapish?

  • A few days ago Australia’s Foreign Minister Julie Bishop released an interview to The Times of Israel suggesting that, contrary to conventional diplomatic wisdom, the settlements may not be illegal under international law. In these last few years a growing number of politicians and scholars have expressed similar positions. Many of them argue that the results of the 1920’s San Remo Conference and more than this the inclusion of the principles contained in the Balfour Declaration in the text of the Mandate of Palestine, assured to the Jewish people the exclusive right to create their “national home” on “the whole country of Palestine, not a mere part of it”.

    In this respect, the Levy Report – released on 9 July 2012 by a special committee appointed in late January 2012 by Israeli Prime Minister Benjamin Netanyahu – has represented a sort of “watershed”. It clarified that “with the establishment of the United Nations in 1945, the principle of recognizing the validity of existing rights of states acquired under various mandates, including of course the rights of Jews to settle in the Land of Israel by virtue of the above documents, was determined in article 80 of its charter”. According to the Levy Report, Article 80 of the UN Charter implicitly recognizes the Mandate for Palestine.

    The late Eugene Rostow, former dean of Yale Law School, also known for being a key draftee of the UN resolution 242, further clarified these aspects explaining that “a trust” – as in Article 80 of the UN Charter – “does not end because the trustee dies”. Rostow’s argument, which is repeated in the Levy report, is that although the League of Nations had ceased to exist, the commitments of the League of Nations remain binding.

    These claims are marred by several inaccuracies, starting from the fact that the term “national home” had no mutually agreed upon meaning or scope and that the British government was under no definite obligation, since the Mandate made any Jewish immigration subject to “suitable conditions” and contained safeguards for the rights and position of the non-Jewish communities.

    Furthermore, as David Ben-Gurion clarified in July 1947 in front of the UNSCOP commission: “The Mandate, in fact, does not exist because it was violated by the Mandatory. We are not in favour of renewing it. […] we say that the original intention and the need, and what in our conviction is just, should be decided upon by the United Nations […] I said we do not ask for a Mandate any more, so it is not a question. The question does not arise on the Mandate”.

    Also the assertion that article 80 of the UN Charter implicitly recognizes the Mandate for Palestine is more complex than often claimed. One of the legal advisors to the Jewish Agency, Jacob Robinson, published a book in 1947 that presented a historical account of the Palestine Question and the UN. He explained that when the Jewish Agency learned that the Allied Powers had discussed at the Yalta Conference (February 1945) a new system of international supervision to supersede the system of mandates, the Agency decided to submit a formal request to the San Francisco Conference (April-June 1945) to obtain a safeguarding clause in the UN Charter. The proposed clause would have prevented a trusteeship agreement from altering the Jewish right to nationhood secured by the Balfour Declaration and the Mandate for Palestine. The UN Conference ignored the Agency’s request and stipulated in article 80 of the Charter that the UN organization did have the necessary power to conclude trusteeship agreements that could alter existing rights held under a mandate.

    Robinson tried to portray a legal setback as a victory and make everyone think that Article 80 of the Charter accomplished the Agency’s stated objective. Indeed, the final text adopted by the working paper for international trusteeship contained an exception that allowed trusteeship agreements to do exactly what the Jewish Agency had tried to prohibit. In Article 80’s words: “Except as may be agreed upon in individual trusteeship arrangements placing each territory under the trusteeship system, nothing in this chapter should be construed in and of itself to alter in any manner the rights of any state or any peoples in any territory”.

    Article 1 of General Assembly resolution 24(I) reserved the right of the UN to decide not to assume any function or power of the League of Nations. On the 19th March 1948, during the 271st meeting of the Security Council, US Ambassador Warren Austin cited UN General Assembly resolution 24(I) and pointed out: “The United Nations does not automatically fall heir to the responsibilities either of the League of Nations or of the Mandatory Power in respect of the Palestine Mandate. The record seems to us entirely clear that the United Nations did not take over the League of Nations Mandate system”.

    On top of all these considerations, the above mentioned thesis of “exclusivity”, besides being unjustified from an historical point of view – Palestine did not belong in an exclusive way to one single population in its entire history – is incorrect also from the legal perspective imposed since the early stage by London. Hubert Young, an important figure of the Foreign Office, wrote in November 1920 that the commitment made by London “in respect of Palestine is the Balfour Declaration constituting it a National Home for the Jewish People”. Lord Curzon corrected him: “No. ‘Establishing a National Home in Palestine for the Jewish people’ – a very different proposition”.

    The British White Paper of June 1922 – the first document that officially clarified the interpretation of the Mandate’s text – clarified that the Balfour Declaration does “not contemplate that Palestine as a whole should be converted into a Jewish National Home, but that such a Home should be founded ‘in Palestine’”. Furthermore, it stressed – and this is perhaps the most relevant aspect – that the “Zionist congress” that took place in Carlsbad in September 1921 had officially accepted that “the determination of the Jewish people to live with the Arab people on terms of unity and mutual respect, and together with them to make the common home into a flourishing community, the upbuilding of which may assure to each of its peoples an undisturbed national development”.

    It is only in light on these clarifications that the preamble as well as Article 2 of the Mandate text can and should be understood. It is noteworthy that Zionist consent to such interpretation was requested, and received, before the Mandate was confirmed in July 1922. In Weizmann’s words: “It was made clear to us that confirmation of the Mandate would be conditional on our acceptance of the policy as interpreted in the White Paper [of 1922], and my colleagues and I therefore had to accept it, which we did, though not without some qualms”.

    Israel’s right to defend itself against fanaticism is something that any person interested in peace cannot but support. Equally true is that the growing attempt to justify the colonization of the Palestinian territories through a problematic interpretation of history, international law, and international consensus is a dangerous threat that requires better public understanding. (e-IR)

    • Jouni Suninen

      >>>>since the Mandate made any Jewish immigration subject to “suitable conditions” and contained safeguards for the rights and position of the non-Jewish communities. <<<

      The Mandate however did only give Britain the right to facilitate Jewish immigration – not hinder it. So, if "suitable conditions" did not exist then Jews had to do immigration without Britain's support.It would still be legal.

      The Jewish national home was of course the Palestine Mandate where Jews had self-governing institutions within its borders. Arabs did not have the same autonomy within Palestine Mandate. How could it be possible to have autonomy in the same area for two different peoples? Impossible. Autonomy needs an area where it can be exercised.

    • Doreen murgatroyd

      Lots of words. None of them explain why it would be that the Allies would reward the very people whom they fought against – most ottoman arabs in Palestine – with Palesrine itself. Makes absolutely no sense.

  • George Peters

    Dr. Abraham Weizfeld. No not true. Hagar was a concubine not a wife. Ishmael is descendant but not inheritor.
    But the lineage, and all that was associated with it – was passed on to Isaac, and not to Ishmael. My belief is that the Muslims never got over this (they have very long memories), and so have constantly and venally appropriated much of Jewish history as their own.
    It is not a co-incidence that one of the most common Muslim names is Ibrahim.

    • ishmael was the son of agar the slave of Sarah, wife of Abraham. For the unbelieve of Sarah she had give Agar to Abraham for have the Son of the promise. But this wa not the Will of God. God gave them Isaac HE was the Son of the Promise and he generatet the People of God “Israel”. if you read in the Bibel, the filistin and many nations that was in the promiset Land, to Israel was comandet to destruct them completly, But they do’nt, and know They have the results! this nations was the dishendends of ishmael son of agar.

  • Natasha Langman

    Dear Abraham Weizfeld,
    Jewish Rights spelled clearly!
    There is NO room for misinterpretation what “the establishment in Palestine of a national home for the Jewish people” other then creating of a Jewish Nation means!
    In Article 22 in the “Covenant of the League of Nations” it says:

    “Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognized subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone. The wishes of these communities must be a principal consideration in the selection of the Mandatory.”

    The “Mandate for Palestine” was created on 24th April 1922 from the LEAGUE OF NATIONS and referring directly to Article 22 of the “Covenant of the League of Nations”. The Mandate was given over on 15th May 1948 to the modern State of Israel. Israel started to exist again. The intentions and International Law of the LEAGUE OF NATIONS to build a Nation “Eretz Israel” were fullfilled.

    Abraham Weizfeld wrote “A national home for the Jewish people is not a Nation-State.”

    • IN Palestine, not ALL and certain communities formerly belonging to the Turkish Empire does not say Jewish communities.

      Abraham Weizfeld is right. There is no mention of state

      • Hartley Macklin

        Chad,
        The mandate system was set up to have more experienced countries help birth new states.

        Certainly the anti semitism in Britain gave birth to many illegal obstacles, but the mandate was clearly that homeland would come to mean state. In fact the treaty often refers to “development of the country”.

        It also clearly states that (article 5) “The Mandatory 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.”

        No Palestine Territory. That is very clear.

        The Allies, and later Britain were to hold the land in a sort of “Trust”, with the end result that the Mandatory would hand over the administration to the Zionist, or clearer the new government they helped set up.

        You seem to be stuck on the word “in” when your read “in favour of the establishment in Palestine of a national home for the Jewish people”.

        They don’t say “inside” Palestine, or “within”, they write “in”. That is clearly meaning the land that maps referred to as the territory of Palestine.

        You know that in 1920, Mandatory Palestine included what is now Jordan. That 76% portion of the land mandated to be returned to the Jews was broken off and ceded (illegally) to the Arabs. So even if we take your meaning, the tiny sliver, the minority portion of the larger Palestine was all that was returned to the Jews.

        You also seem to want to center on the the protection of the rights of the existing non-Jewish communities.

        You must know that unique to Israel and in contrast to the most advanced democracies — the Jewish state gives the languages and religions of its various minorities official status. Thus, Arabic is an official language alongside Hebrew, and Muslim and Christian holidays are considered official holidays.
        Non-Jews in Israel enjoy the exact same civil rights as Jews. Israel is unique among the middle east countries created by the Mandate system, and kept that promise.

  • dr. abraham Weizfeld

    “A Pan-Syrian Congress, meeting in Damascus, had declared an independent state of Syria on 8 March 1920.[6] The new state included Syria, Palestine, Lebanon and portions of northern Mesopotamia which had been set aside under the Sykes-Picot Agreement for an independent Arab state, or confederation of states. King Faisal was declared the head of state. At the same time Prince Zeid, Faisal’s brother, was declared regent of Mesopotamia.
    The San Remo conference was hastily convened. Great Britain and France both agreed to recognize the provisional independence of Syria and Mesopotamia, while “reluctantly” claiming mandates for their administration. Palestine was composed of the Ottoman administrative districts of southern Syria. Under customary international law, premature recognition of its independence would be a gross affront to the government of the newly declared parent state. It could have been construed as a belligerent act of intervention without any League of Nations sanction.[7] In any event, its provisional independence was not mentioned although it continued to be designated as a Class A Mandate. … The decisions of the San Remo conference confirmed the mandate allocations of the First Conference of London (February 1920). The San Remo Resolution adopted on 25 April 1920 incorporated the Balfour Declaration of 1917. It and Article 22 of the Covenant of the League of Nations were the basic documents upon which the Mandate for Palestine was constructed.[9] Britain received the mandate for Palestine and Iraq; France gained control of Syria including present-day Lebanon.” http://en.wikipedia.org/wiki/San_Remo_conference

    San Remo conference – Wikipedia, the free encyclopedia
    en.wikipedia.org

    Abraham Weizfeld Evidently there is no mention of a “Jewish Israel”.

    Abraham Weizfeld: San Remo Resolution – April 25, 1920
    It was agreed –
    (a) To accept the terms of the Mandates Article as given below with reference to Palestine, on the understanding that there was inserted in the process-verbal an undertaking by the Mandatory Power that this would not involve the surrender of the rights hitherto enjoyed by the non-Jewish communities in Palestine … The Mandatory will be responsible for putting into effect the declaration originally made on November 8, 1917, by the British Government, and adopted by the other Allied Powers, in favour of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.

    Abraham Weizfeld A national home for the Jewish people is not a Nation-State. Even under the provisions of the Partition Plan Resolution 181 of the UN GA, the self-proclaimed State of Israel violates the boundaries set forth under the resolution. As for the recognition of the Palestine State, now acknowledged, if the Palestine State is not to be considered legal then the State of Israel would also have to be considered illegal, under international law.

    Abraham Weizfeld: Furthermore what is called ‘Eretz-Israel’ is not a State in itself but quite specifically a Land, upon which there has always been multiple Nations co-existing.

  • Jehudah Ben-Israel

    Clearly, the fundamental elements of international law that were set, at first, to avoid a conflict between Arab and Jew and then to resolve the Arab Israeli conflict have been:

    San Remo Conference decisions, 1920
    League of Nations decision, 1922
    UN Charter, Article 80, 1945

    The way to implement these have been designed and presented to the UN which passed, at its Security Council unanimously, UN Security Council 242, 1967

    One only wonders, if the Muslim-Arabs are so adamant against these elements of international law, do they actually seek peace or rather Israel’s demise…??

  • yes u hit the nail on the head. Now add the fact that G-D gave this land, all of it, to us. It is in the bible.

    Also there is no such thing as a palestinian, only an arab who happens to be living in Israel. Tell it to Pres Obama.

    • dr. abraham Weizfeld

      For sure David Hanson has not actually read the Torah (part of the old testament of the Protestant Bible).
      The covenant with the prophet Abraham was for the descendents to live on the Land forever, and that includes the Arabs, since the first born Ishmael was of an Egyptian mother, Hajjar. Since polygamy was fashionable at the time, there is no priority to be given to the first wife Sarah, who was Sumarian in any case.

      • Yochanan M Hummasti

        The Ishmaelites never were “Arabs” and in fact Ishmaelites intermarried with Arabs therefore it is erroneous to assert that the Arabs are Ishmael’s descendants. It is more appropriate to say that some Arabs are descended from Ishmael than it is to say the all Arabs are descended from Ishmael. Guillaume’s “The life of Muhammad”, p. 46.
        As to the Jewish National Home and the establishment of the modern state of Israel in Palestine under international law, the fact is when one reads the minutes from the San Remo Conference and the Anglo-American Treaty of 1924 the only conclusion one can come to is that the Mandate for Palestine was intended to facilitate the reconstitution of the ancient Jewish National Home and an Independent Jewish State in the area designated under the Faisal-Weizmann Agreement which included portions of the East “Bank” of the Jordan River up to the Hejaz Railway with a buffer zone between the railway and the Border of the Jewish National Home. Simply read Article 25 inserted in the Mandate for Palestine which was a temporary measure until such time as local conditions warranted Jewish settlement in the Eastern Portion of the Mandate Area. Emir Faisal specifically excluded the Western portion (west of the Hejaz Railway) of “Trans-Jordan” from the boundaries of the proposed Jewish State which he agreed to under the Faisal-Weizmann Agreement. Moreover, all he requested for his assistance in overthrowing the Ottoman Empire was an Independence for the Arabs from any foreign sovereign which he was given along with his family in the Mandate Areas of Iraq and Syria and included the Modern Kingdom of Saudi Arabia, from which they were kicked out since his Hashemite Family had ruled from Mecca since the 10th Century. Howard Grief has properly International Law on the subject and no one to date has presented a cogent argument which refutes his position!!!

    • If you think that the bible is an actual historical document,you need to have your head examined.

  • This historical facts is absolutely necesarry to release to those countries in favour of a Palestinian state. Even it is necesarry information for the general public especially regarding the Jewish land rights to their Biblical land.

  • renanah goldhar-gemeiner

    As I wrote to Howard upon receipt of this letter a few days ago: “Yeah Howard!”
    Thank you for publishing this! Thank you Barry!
    Renanah

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