Friday, May 20, 2016

Israel's Legal International Right's Ignored by BDSers

Nadene Goldfoot                                                  
After King Solomon died in 920 BCE, Israel divided into Israel and Judah due to political differences.
King Saul ruled first, about 1,000 BC, then David,  followed by son Solomon.  Jordanians started
calling Judea and Samaria, the West Bank-west bank of the Jordan River.  
      What the BDS movement against Israel is doing is spreading lies about the legal rights that Israel has.  They are also hurting the very Palestinian Arabs that they think they are helping.  They are interferring with their rights to employment.  That's usually what meddlers do-mess up people's lives, not help them because they're poor at getting the facts.
BDS movement wants to stop Caterpiller from selling tractors in Israel.
"The Boycott, Divestment and Sanctions Movement (BDS Movement) is a global campaign attempting to increase economic and political pressure on Israel to comply with the stated goals of the movement: the end of Israel's occupation and colonization of Palestinian land and the Golan Heights, full equality for Arab-Palestinian citizens of Israel, and respect for the right of return of Palestinian refugees."  Arab Palestinans have had full equality since they became citizens.  They're in the Knesset and every other form of whatever citizens have.  The only difference for them is that they are not expected to enter the army.  Only those that have wanted to, like the Druze, do this.  The Arabs would like to flood the state with more Arab relatives connected to them, or not, but this is the one and only Jewish state.                                                    
War of Independence 1947-1949, Jews from the Holocaust, surviving those horrors only
to be met with a war in their new home-and this time they are soldiers.  

The balance is not to be altered.  We now have a ratio of 6 million Jews to 1.7 million Arab citizens of Israel.   The "OTHERS" the Palestinians want to come in are descendants of those  who were in the land when Israel became a state on May 14, 1948 fled, told to leave as the Arab armies were coming to take over and it was after that that they could have Jewish homes, treasures, etc.  They had their chance and blew it.  They followed the wrong people, not the Jews who begged them to stay.  Golan Heights is not going back to Arab hands who had it before and rained all the rockets, mortars and missiles from there down onto Israelis.  NO WAY!  Jews also have a right to live where they are in Judea and Samaria.   ABC sections have already been discussed.  Now, how about talking about peace and not continuance of attacking Israelis?  First, stop the attacks so that people are in the mood to talk about their problems and solving them.  
The mandate of Palestine covered ALL the land of Palestine.  What you're looking at today
is mostly what has become Jordan.

WWI lasted from July 28, 1914 to November 11, 1918; 4 years, 3 months, 2 weeks long.  It took place in Europe, Africa, the Middle East, the Pacific Islands, China and off the coast of South and North America.                                                        

  The Ottoman Empire and Bulgaria joined the Central Powers against the Allies.  Palestine was a part of the Ottoman Empire.  Turkey lost their Ottoman Empire.  The Arabs are still in denial about it.  
The facts are that after WWI  in 1922,  representatives of the Jewish people were in conferences with the Allies.   The League of Nations Mandate for Palestine was given to the British.  The body of the League of Nations  Mandate recognized the Jewish National Rights in the WHOLE of the mandated territory of Palestine.

Recognition was given because the Jews had such a historical connections with Palestine and needed to claim their rightful place where they had been forced out and was to reconstitute their National Home in this land of Palestine again.  The members of the League of Nations did not create the rights of the Jewish People.  What they did was RECOGNIZE A PRE-EXISTING RIGHT.  This was the 2,000 year old quest of the Jewish people to re-establish their homeland.
1949 Armistice Lines
By 1946, Israel's rights were preserved under the United Nations (UN) as well.  This is according to Article 80 of the UN CHARTER.  This established that nothing in the UN Charter should be construed to alter in any manner the rights whatsoever of any states or any  peoples or the terms of EXISTING INTERNATIONAL INSTRUMENTS.

These rights were unaffacted by the UN GENERAL ASSEMBLY RESOLUTION  181 of November 1947's Partition Plan, which was a NON-BINDING RECOMMENDATION  that was rejected by the Palestinians and the Arab states.   This is all documented.

JORDAN occupied the West Bank (Judea and Samaria-original Jewish land of the Israelites; king Saul, king David, King Solomon).  They had stolen the land by their illegal invasion in 1948 IN DEFIANCE of the UN SECURITY COUNCIL.  Then they had the temerity to annex the West Bank in 1950.  Remember, Abdullah was a prince from SAUDI ARABIA, not a native Palestinian, nor a Jew.  He was an outsider who had helped the Allies win WWI in the Middle East, same as the Jews did, only he had more men who fought.

Jordan's annexation of the WEST BANK was recognized by Pakistan and Great Britain but excluded the annexation of Jerusalem.  The ANNEXATION by Jordan was rejected by most of the international community, including THE ARAB STATES!  
Israel-9 miles wide.  
NEVER was the word, "Occupation" used legally in other situations.  BUT ONLY IN THIS CASE, WITH THE WEST BANK AND GAZA, where no internationally recognized sovereign control previously existed, ISRAEL WAS LABELED WITH THE STIGMA AS AN "OCCUPIER."   There have been many other cases where international borders were crossed in armed conflicts and sovereign territory was seized; even in clear-cut cases of aggression.

EGYPT HAD BEEN OCCUPYING THE GAZA STRIP.  They also had invaded the land illegally in 1948, the time of Israel's announcement of their state which was the time of their fight, The War of Independence that was from November 29, 1947 to 1949 when the parties signed the Armistice Agreements.  This was a war started by the Arabs because they would not accept the UN partition resolution.  They came in from Syria, Lebanon and Egypt.   to reinforce local Arabs who were attacking Jews.
This was also a time that Jews held in Holocaust camps  were coming out of the Holocaust and needed a home.  They didn't want to return to Poland or Ukraine, places the native population had been helpers of the Nazis to kill them off.  They needed Israel and had been kept from there before even in 1940-41.Those that managed to arrive illegally themselves were thrust into fighting for their new country's life!

Where the prior holder of territory had seized that territory unlawfully, the state which subsequently takes that territory in the lawful exercise of SELF DEFENSE has, against that prior holder, better title.  So said Stephen Schwebel, former State Dept. Legal Advisor in 1970.  International jurists generally do draw a DISTINCTION between situations of "AGGRESSIVE CONQUEST"  after a war of "SELF DEFENSE".
The West Bank was to be part of the new Israel.  That was a deal.  It was stolen during an aggressive conquest.  Israel was fighting in self-defense.  Stephen Schwebel later headed the International Court of Justice in the Hague.                                  
2007; Judea/Samaria (West Bank)- Jewish towns. 

Israel only entered the West Bank AFTER repeated Jordanian artillery fire and ground movements across the previous armistice lines.  Jordan attacked at 10:00am.  Israel warned them to stop through contacts at the UN at 11:00am.  Jordan continued hitting Israel.  Israel's military action began at 12:45pm.  By then, Iraqi forces crossed Jordanian territory and were poised to enter the West Bank.  The temporary armistice boundaries of 1949 lost all validity the moment Jordanian forces revoked the armistice and attacked.     Israel took control of the West Bank as a result of a DEFENSIVE WAR.  
June 1967 IDF Finally were able to visit the Western Wall in Jerusalem after the battle was over 
and Israel had won.

Palestinians continue the fight by using the term, OCCUPATION, REPEATEDLY.  In this way they manage to reverse the causality of the conflict, and those judging it, the media, the governments, are too weak in their judgments to see the differences.  The people who use this term, Occupation or occupiers, are obfuscating this history.  The territorial disputes giving reasons to use BDS against Israel as one form of a weapon is not the result of a war imposed on Israel by a coalition of Arab states in 1967, rather more by the lies by the Palestinians.                                                                    
Gaza, Israel pulled out for the sake of Peace-Sharon was Prime Minister.
It took place from August 15 to September 12, 2005.  Instead,
they've been shelled by the Arabs from there.

The results of the fighting is that Israel was only expected to withdraw FROM THE TERRITORIES to secure and recognized boundaries.   Israel was not expected to withdraw from THE territories or ALL the territories captured in the Six Day War of 1967.  You may say this is being picky-but it's a part of law. Lawyers have to recognize these important but teeny words and what they mean legally. (UN Security Council Resolution 242) The UN Security Council recognized that Israel was ENTITLED TO PART OF THESE  TERRITORIES FOR NEW DEFENSIBLE BORDERS.  242 MEANT THAT iSRAEL WILL NOT WITHDRAW FROM ALL THE TERRITORIES.  

With Resolution 338, it became clear that ONLY NEGOTIATIONS WOULD DETERMINE WHICH PART OF THESE TERRITORIES WOULD BECOME ISRAELI TERRITORIES AND TERRITORIES TO BE KEPT BY ISRAEL'S ARAB COUNTERPART.                                                                               
According the the UN's charter Article 80, nothing should be construed to alter in any manner the rights.
Israel has legal rights with respect to the West Bank and Gaza Strip that appear to be ignored by international observers who keep saying that Israel is an OCCUPIER.  Israel is not a foreign OCCUPIER with no territorial rights.  Israel has strong historical rights to the land that were already RECOGNIZED by the main bodies serving as the source of international legitimacy in the previous century.  

Judea and Samaria are divided by further talks into areas A, B, and C.  One is for the Palestinians, one for the Jews and one they both are in.  The Palestinians build illegally in the wrong places,  yet the international community stays blind to what they do illegally.  
BDS'ers Crusading against Israelis

We already know that Israel  pulled out of Gaza completely in the name of a promised peace which has given them nothing but a constant rain, a storm of rockets, mortars and missiles.  This is the opposite of a promised peace.  This is what Israel has experienced by listening to the Left.  Now they must protect themselves from a people who do not care at all to have their own state and live in peace with their neighbor, Israel.  BDSers are simply Old Crusaders  wanting to draw Jewish blood.  

Resource: Occupied Territories to disputed Territories, by Dore Gold,_Divestment_and_Sanctions

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