Thursday, August 25, 2011

Israel's Root of Title

Unable to defeat Israel on the battlefield or intimidate her by decades of terror her Muslim tormentors have anxiously turned to a different strategy. In defiance of the mountains of historical and archaeological facts, they have embarked on a strenuous effort to turn history upside down and wage a campaign to prove that Israel and the Jews have no legal right to the Land of Israel and that it should always have been a land over which Islamic supremacists held dominion. Their insatiable appetite for historical revision, bolstered by an American president who conveniently suffers from historical amnesia, has led them into the realm of Law-fare where if you torture the facts long enough eventually the facts will tell you anything you wish to hear.

However, as Howard Grief pointed out in his essay, "Legal Rights and Title of Sovereignty of the Jewish People to the Land of Israel and Palestine under International Law", before the Arab Palestinians' romp of fantasy can be realized they need to disprove the legitimacy of the Balfour Declaration of 1917, the Mandate System established and governed by Article 22 of the Covenant of the League of Nations contained in the Treaty of Versailles and all the other peace treaties made with the Central Powers i.e. Germany, Austria-Hungary, Bulgaria and Turkey.

The Covenant was the idea of president Woodrow Wilson and contained his program of Fourteen Points of January 8th. 1918 while Article 22 which established the Mandate System, was largely the work of Jan Christian Smuts who formulated the details in a memorandum that became known as the Smuts Resolution, officially endorsed by the Council of Ten on January 30th, 1919 in which Palestine, as envisaged in the Balfour Declaration, was named as one of the mandated states to be created.

The official creation of the country took place at the San Remo Peace Conference (1920) where the Balfour Declaration was adopted by the Supreme Council of the Principal Allied Powers as the basis for the future "administration" of Palestine which would henceforth be recognized as the Jewish National Home. It was the Mandate System which gave binding legal effect to the aspirations contained in the Balfour Declaration.

Grief goes on to say that the moment of birth of Jewish legal rights and title of sovereignty thus took place at the same time Palestine was created a "mandated" state since it was created for NO other reason than to "reconstitute" the ancient Jewish state of Judea in fulfillment of the Balfour Declaration and the general provisions of Article 22 of the League Covenant. This meant that Palestine from the start was legally a Jewish state that was, in theory, to be guided towards independence by a Mandatory or Trustee, also acting as Tutor ( this turned out to be Great Britain) and who would take the necessary political, administrative and economic measures to establish the Jewish National Home.

The details for the planned independent Jewish state were set forth in three basic documents which may be termed the founding documents of mandated Palestine and the modern Jewish state of Israel that arose from them. These were: the San Remo Resolution of April 15th. 1920, the Franco-British Boundary Convention of December 23rd. 1920 and the Mandate for Palestine conferred on Britain by the Principal Allied Powers and confirmed by the League of Nations on July 24th. 1922. These founding documents were supplemented by the Anglo-American Convention of December 3rd., 1924 respecting the Mandate for Palestine. It is of supreme importance to realize that these documents are the source of Jewish legal rights and title of sovereignty over Palestine and the Land of Israel under international law. Therefore, it is impossible to "occupy" territory you already own regardless of the mistakes made by successive Israeli governments during the intervening years and, alas, there have been plenty of them but none significant enough to have revoked their root of title or legal sovereignty.

No matter how long or how often they repeat their lies the Arab Palestinians simply have no case.

The Mandate System , in addition to all of its declared rights and obligations, survived the League of Nations and its legal force has been affirmed a number of times by the International Court of Justice. It is impossible to question Israel's legitimacy as a nation state without bringing into question the legitimacy of the other Mandated states namely Iraq, Syria and Lebanon let alone the legitimacy of Jordan which was carved out of 80% of what was supposed to be part of the Jewish national homeland by the British in 1922 when they betrayed their responsibility to the Jewish people under the Mandate System.

For 63 years Israel has been an embattled outpost of western values surrounded by genocidal enemies whose undiminished goal is her extinction. She is on the front lines against the relentless march of Islamic totalitarianism which threatens to provide us all with a one-way ticket back to the 7th. century. On that journey we would be treated to all the brutality, all the cruelty and all the barbarism enshrined in Islam's title deed namely the Koran itself. We must go where the evidence leads. The annihilation of Israel would be a vital step in the eventual establishment of an Islamic caliphate in the region comprised of Iran, Jordan, Syria, Lebanon, Turkey, and Egypt. As Israel goes so surely will go the rest of us; so for her own survival, as well as for our own, Israel must proclaim her right as she was given that right and defend that right whenever it is challenged by those who ignore history and are careless with the facts.

1 comment:

  1. This is a topic which is near to my heart..

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