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Tuesday, July 7, 2020

International Law Shows Rights of Israel Over Judea-Samaria-Jordan Valley

Nadene Goldfoot
facts stated by Maurice Hirsch
                                                                           
Judea-Samaria: Our Original Homeland

Arthur James Balfour, 1st Earl of Balfour KG OM PC FRS FBA DL was a British Conservative statesman who served as Prime Minister of the United Kingdom from 1902 to 1905. As Foreign Secretary in the Lloyd George ministry, he issued the Balfour Declaration in 1917 on behalf of the cabinet.
First came the Balfour Declaration in 1917.  It was an official statement issued on November 2, 1917 by the British Foreign secretary Arthur James Balfour, who declared that the British government favors the establishment in Palestine of a national home for the Jewish people,   and will use their best endeavors to facilitate the achievement of their object;  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.                    

                                               
     
Louis B. Brandeis

This was written up after many long negotiations initiated by Chaim Weizmann, Nahum Sokolow, and other Jewish leaders shortly after the outbreak of WWI.  There was much discussion on both the formula of the Declaration and its timing.  Balfour visited the US in the spring of 1917 had met with the 28th President Woodrow Wilson (1913-1921), who supported the efforts of the American Zionists headed by Louis B.Brandeis, Supreme Court Judge, a Jew.    

Brandeis " championed open inquiry and civic engagement. During his tenure on the high court (1916-1941), Justice Brandeis established the legal concept of a right to privacy, fiercely defended civil liberties, and helped define the modern understanding of free speech. Justice Brandeis personified the values at the heart of the bold institution our founders were building."

The League of Nations (our first UN)  in 1922 called for  the future Jewish National Home that would include Judea and Samaria.  This came forth from the San Remo Resolution, written up in 1920 which called for the establishment in Palestine of a National Home for the Jewish People.  

The San Remo conference was an international meeting of the post-World War I Allied Supreme Council as an outgrowth of the Paris Peace Conference, held at Villa Devachan in Sanremo, Italy, from 19 to 26 April 1920.

The San Remo Resolution passed on 25 April 1920 determined the allocation of Class "A" League of Nations mandates for the administration of three then-undefined Ottoman territories in the Middle East: "Palestine", "Syria" and "Mesopotamia".

This agreement between post-World War I allied powers (Britain, France, Italy, Japan) was adopted on April 25, 1920 during the San Remo Conference. The Mandate for Palestine was based on this resolution; it incorporated the 1917 Balfour Declaration and the Covenant of the League of Nation's Article 22. 

Britain was charged with establishing a "national home for the Jewish people" in Palestine.  Territorial boundaries were not decided until four years after.  
                                                  

The Arabs rejected the 1947 United Nations Partition Plan that tried to override the above decisions by creating 2 state, a Palestinian one and a Jewish one.  Because of this, it had no relevance under International Law. 
The rejection of the Partition Plan in 1947 – the United Nations proposal to divide British-Mandate Palestine into a Jewish State and an Arab State with Jerusalem made an international city – by the Arab nations demonstrated an unwillingness to accept the existence of a Jewish state in the region.
Giving the Jews only 12 percent of the land promised to them in the Balfour Declaration, and drawing borders for the new state which were virtually indefensible, the plan was a difficult compromise for many of the Jews of Palestine.
On the other side, the Arab nations desired full control over the land of Palestine and the Arab people in the region. Yet, the Zionist leaders accepted the partition plan despite its less-than-ideal solution, understanding the need to compromise. It was the Arab nations who refused the plan, refused to accept the establishment of a Jewish state and gathered their armies to wage battle against Israel.

History shows that there has never been a separation of Judea/Samaria/Jordan Valley from the rest of Israel.  

The term, "annexation," is not the correct one to use today about Israel and Judea/Samaria/and the Jordan Valley.  The definition doesn't fit the situation at all.  Jordan controlled Judea and Samaria from 1948 to 1967 and their control was not recognized as legitimate by international law.  They had just taken it over by force.  Then they signed a peace treaty with Israel in 1994.  

Maurice Hirsch, who compiled these international law facts, is the Director of Legal Strategies and Palestine Media Watch, an NGO to expose Arabic communication of the Palestine Authority and its official media outlets.  He is an expert on International Law, and seems to be in agreement with my other favorite expert, Professor Kontorovich.  He has had his career in Israel in the IDF, Israel Defence Forces as the Military Advocate General Corps which is like JAG in the USA.  He's the expert on law in Judea and Samaria.  

Resource:  https://www.cfr.org/israel/san-remo-resolution/p15248
https://en.wikipedia.org/wiki/Arthur_Balfour
Yakit BenZion and Maurice Hirsch of Israel International Law  https://unitedwithisrael.org/fully-legal-israeli-sovereignty-in-judea-and-samaria-does-not-violate-intl-law/
https://www.brandeis.edu/about/index.html
The New Standard Jewish Encyclopedia


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