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Israel’s Title to “Palestine” under International Law

by WrathofG-d ( 215 Comments › )
Filed under Democratic Party, Gaza, Israel, Middle East, Palestinians, UK, United Nations, World at December 16th, 2009 - 2:00 pm

BLOGMOCRACY IN ACTION!

This Thread By “Contributor” & Netizen – “Eliana”

Israel has a solid case under international law for the ownership of all of the land included in the Palestine Mandate. On November 28th, the Jerusalem Post published this article:

NGO to Clinton: Settlements are legal
By JACOB KANTER

The Office for Israeli Constitutional Law, a non-governmental legal action organization, sent a letter to US Secretary of State Hillary Clinton last week, warning that by labeling Jewish settlements in the West Bank illegal, she is violating international law.

The little-known Anglo-American Convention, a treaty signed by the US and British governments in 1924, stipulated that the US fully accepted upon itself the Mandate for Palestine, which declared all of the West Bank within its borders.

“The treaty has been hidden,” said OFICL director Mark Kaplan. “But if you look at the House [of Representatives] deliberations during World War I, people are saying, ‘Look, we’ve invested a lot of money in Palestine, and we expect that this treaty will be upheld.'”

Though the United Nations’ 1947 partition plan declared the West Bank an Arab territory, the mandate’s borders still hold today.

“The mandate expired in 1948 when Israel got its independence,” Kaplan said. “But the American-Anglo convention was a treaty that was connected to the mandate. Treaties themselves have no statute of limitations, so their rights go on ad infinitum.”

“The UN partition plan was just that-a plan,” said OFICL chairman Michael Snidecor in a statement. “The General Assembly has no authority to create countries or change borders…

The OFICL letter also warned Clinton that if her office does not comply with the civil rights recognized in the Anglo-American convention, OFICL will file a class-action suit in a US district court….

NGO to Clinton: Settlements are legal

From the letter to Hillary Clinton from the OFICL:

Thereafter, the United States of America ratified a treaty a with the British Government known as the Anglo-American Treaty of 1924, which included by reference the aforementioned Balfour Declaration and includes, verbatim, the full text of the Mandate for Palestine.

“Whereas the Principal Allied Powers have also agreed that the Mandatory should be responsible for putting into effect the declaration originally made on the 2nd of November 1917, by the Government of His Britannic Majesty, and adopted by the said Powers, in favour of the establishment in Palestine of a national home for the Jewish people…”

By doing so, the United States of America is legally bound to the principles contained in the “Balfour Declaration” and the “Mandate for Palestine.”

Letter to U.S. Secretary of State Hillary Clinton

THE ARGUMENT used against Israel in the claim that the Jewish settlements in Judea, Samaria and the Jewish neighborhoods in eastern Jerusalem are illegal is a cynical and wicked twisting of an article in the 4th Geneva Convention that was meant to prevent another Holocaust:

Many who allege that Jewish communities in the West Bank violate international law cite the 4th Geneva Convention, Article 49. It states that an occupying power “shall not deport or transfer parts of its own civilian population into the territory it occupies.” But Julius Stone, like Rostow a leading legal theorist, wrote in his 1981 book, “Israel and Palestine: An Assault on the Law of Nations,” that the effort to designate Israeli settlements as illegal was a “subversion . . . of basic international law principles.”

Stone, Stephen Schwebel, a former judge on the International Court of Justice, and others have distinguished between territory acquired in an “aggressive conquest” (such as Nazi Germany’s seizures during World War II) and territory taken in self-defense (such as Israeli conquests in 1967).

The distinction is especially sharp when the territory acquired had been held illegally, as Jordan had held the West Bank, which it seized during the Arab states’ 1948-49 war against Israel.

Further, Article 49 of the 4th Geneva Convention was intended to outlaw the Nazi practice of forcibly transporting populations into or out of occupied territories to labor or death camps. Israelis were not forcibly transferred to the West Bank, nor were Palestinian Arabs forced out of it. Two years after President Carter’s State Department determined that Israeli settlements violated international law, President Reagan said flatly that they were “not illegal.”

Israeli settlements are more than legitimate

The “Palestinian” Claim to Judea, Samaria, Gaza and eastern Jerusalem is Illegitimate

The “Palestinians” claim is that they are entitled to the land up to the pre-1967 cease fire lines because these areas of land were “taken” from Jordan and Egypt.

In Article 5 of the Mandate of Palestine (which is incorporated into the Anglo-American treaty of 1924 and the United Nations Charter) states:

“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.”

Mandate for Palestine

Jordan and Egypt violated international law when they (as “foreign powers”) took control of Judea, Samaria, Gaza and eastern Jerusalem. After these “foreign powers” had been expelled, they did not have legal heirs to this land in the form of fellow Arabians who call themselves “Palestinians.”

This legal matter will have to be addressed in the American legal system because the Obama Administration’s and the U.S. State Department’s obligations to recognize that all of the land belongs to Israel are at the center of the legal arguments.

Let’s hope the case moves forward.

“Jewish Leaders” Meet With Obama & What They Should Have Said

by WrathofG-d ( 14 Comments › )
Filed under Barack Obama, Egypt, Israel, Judaism, Leftist-Islamic Alliance, Middle East, Palestinians, Religion, World at July 15th, 2009 - 2:38 pm

This week President Obama met with so-called “Jewish Leaders” (none of them speak for me or anyone I know) wherein he lectured them on how they are going to have to accept that his attacks on Israel, and pandering to the Arabs, is really in Israel’s best interest.  Our President,  the Middle East policy neophite, lectured Israel, though these “leaders”, by instructing to them that when it comes to their national security, Israel would have “to engage in serious self-reflection.”

Despite what these hand-picked liberal “Jewish leaders” might have thought, this was not an opportunity for Obama to learn but instead to give the Jews their marching orders.  As the The Jerusalem Post correctly points out in its editorial section: “Whenever American Jewish leaders are invited to the White House to talk about Israel – as 16 were on Monday evening – the prime purpose of the invitation is not to give the machers an opportunity to sway the leader of the free world, though their views may be genuinely sought, but for the administration to diminish the prospect of them lobbying against the president’s policies.”

As usual, one of the most pressing issues of this meeting was Obama’s obsession, and insistence that the Post-1967 Jewish neighborhoods be destroyed, made judenrein, and handed over on a silver platter to the Arabs of Judea and Samaria  This is most likely why his hand picked Jews were known not to be supporters of the Post-1967 Jewish neighborhoods of Yesha – ZOA, Chabad, and many other Pro-Israel leaders (including Non-Jewish Zionists) were not invited.

Before President Obama pressures Israel to uproot its citizens from Judea and Samaria, and create another tragedy like the 2005 Gaza expulsion, he should consider the following facts as arranged by Samara Greenburg.

___________________________________

http://www2.chinadaily.com.cn/english/doc/2005-04/08/xin_320402080904719199648.jpgOn June 4, 2009, President Barack Obama delivered his much-anticipated speech to the Muslim world from Cairo, Egypt. Mr. Obama asserted that he will pursue the creation of a Palestinian state and that Israeli settlement growth must be stopped because it is illegitimate. The previous week, U.S. Secretary of State Hillary Clinton stated, “He [Obama] wants to see a stop to settlements — not some settlements, not outposts, not ‘natural growth’ exceptions.”

The Palestinians cite settlements as the most significant obstacle to peace. Much of the Arab world supports that narrative. Now, it appears, the current U.S. administration does, too. However, the administration may be ignoring key aspects of the debate, and in the process, placing undue stress on a Middle East ally committed to peace with its neighbors.

Settlements in context

Settlement activity began after Israel’s victory in the 1967 Six Day War­, a preemptive and defensive battle ­whereby the Israeli military surprised even its own top brass when it gained control over the West Bank, Gaza Strip, Sinai Peninsula, east Jerusalem, and the Golan Heights. During the initial settlement period, between 1967 and 1977, the territories were viewed as bargaining chips that Israel could, in the future, trade for recognition and peace. Jerusalem authorized limited settlement activity based on national security, according to the Alon Plan. This plan, created by Israeli Defense Minister Yigal Alon in 1967, spawned a string of settlements in strategic areas along the Jordan Valley to create a line of protection around the country’s vulnerable midsection. Indeed, many settlements began as military stations located in strategic but uninhabited areas.

In 1977, Israel’s Likud Party rose to power. Under Ariel Sharon, the so-called “grandfather of the settlements,” the settlement project skyrocketed. Prior to 1977, 4,500 Israelis lived in 36 settlements — 31 in the West Bank and five in the Gaza Strip. By 1981, West Bank settlers nearly quadrupled to over 16,000. With the party’s second victory in 1981, the settlement project became a state-sponsored venture involving subsidies to encourage growth. By 1990, the West Bank settler population reached over 78,000.

Today, there are 187,000 settlers in the West Bank. And while that number indicates significant expansion since 1967, Israeli settlements comprise only a small area of the West Bank. According to the Palestine Monitor, less than three percent of the West Bank is dotted by settlements and Israeli military or industrial facilities. Moreover, settlers amount to less than 10 percent of the West Bank’s population of 2,461,267.

Settlements built, settlements destroyed

However, even if Israelis constituted a more sizable percentage of the West Bank population, settlements are not an obstacle to peace. They are impermanent. Indeed, Israeli leaders on both the Left and the Right have repeatedly illustrated their willingness to vacate settlements in exchange for peace.

After the peace treaty between Israel and Egypt in 1979, Israel uprooted its settlements in April 1982 from the Sinai Peninsula, an area measuring some 22,500 square miles, in exchange for peace. The majority of settlers left without protest. Those who didn’t were evacuated forcefully by the Israel Defense Force (IDF) in accordance with then-Minister of Defense Ariel Sharon’s orders. Israel also relinquished the Alma Oil Field, which it discovered and developed, and would have made Israel an oil exporter; dozens of early warning stations; and military installations, such as airfields and a naval base.

The Sinai evacuation was not an isolated incident. In 2005, Israel again vacated settlements in what Prime Minister Ariel Sharon called a “unilateral security step of disengagement.” Sharon dismantled all 21 settlements in the Gaza Strip and four in the West Bank. The evacuation process, which lasted five days, uprooted approximately 8,500 civilians. Like in Sinai, evacuating the settlers was no easy task. In some towns, settlers protested from their rooftops, throwing paint, foam, and other liquids at the soldiers.

Israel also demonstrated its willingness to relinquish land for peace in negotiations with Palestinians. In December 2000, under the auspices of former President Bill Clinton, Israel agreed to offer the Palestinians a sovereign Palestinian state on roughly 96 percent of the West Bank and 100 percent of Gaza, as well as sovereignty over the Temple Mount in Jerusalem and control over Arab sections of Jerusalem. The plan afforded Israel just four to six percent of the West Bank — areas housing 80 percent of the settlers, as well as key early warning military stations. The Palestinians, under Yasser Arafat, rejected the plan. Israel offered to relinquish even more settlements during final status talks at Taba in January 2001, to no avail.

The price of withdrawal

Israeli withdrawal from settlements has yielded, at best, negligible gains. At worst, it has brought bloodshed.

After Israel withdrew from the Sinai Peninsula pursuant to its peace treaty with Egypt, the two countries established full diplomatic ties. However, peace between Egypt and Israel is cold. Trade relations between the countries are minuscule. Rather than pursue normalization, Egypt leads a campaign of hate against Israel. Egypt’s state-run media is rife with anti-Semitic and anti-Israeli themes. Cartoons depict Israelis with horns and tails, and equate Israel with Nazis. In 2002, Egyptian state-owned television aired a Ramadan series based on the anti-Semitic tract The Protocols of the Elders of Zion.

Israel’s 2005 withdrawal from Gaza led to an increase in violence; the Palestinians perceived the withdrawal as a testament to the success of terrorism. Indeed, as Israel withdrew, Palestinian gunmen even fired at the IDF. Only minutes after the last Israeli soldier left the Gaza Strip, Palestinians poured into the abandoned Jewish communities of Morag, Netzarim, Kfar Darom, and Neve Dekalim, and set fire to synagogues.

In fact, since vacating Gaza in 2005, Israel has experienced a 500 percent increase in terror attacks. From disengagement until Hamas’ June 2007 bloody takeover of the Gaza Strip (wresting control from the Palestinian Authority), Palestinians fired 1,438 missiles into Israeli cities from Gaza. In 2008, Gazans fired a total of 1,752 rockets into Israel; 223 were launched during the “ceasefire” between June and December. This year alone, the Palestinians fired no less than 542 rockets into Israel.

A Judenrein West Bank?

Today, Palestinian leaders, backed by the Arab world, insist that all Jews must leave the West Bank in order for peace to be achieved. This is problematic for several reasons.

Currently, more than one million Arab citizens live in Israel. Arab Israelis have full and equal rights pursuant to Israel’s Declaration of Independence, which guarantees “freedom of religion, conscience, language, education, and culture.” Since 1948, Arab Israelis have run the political and administrative affairs of Arab majority municipalities and have elected representatives to the Knesset, Israel’s parliament.

Why, then, should the West Bank’s Jewish residents be prohibited from enjoying similar rights in an eventual Palestinian state? Jewish settlements in the West Bank, such as Hebron, have existed for centuries, dating back to before the birth of Prophet Muhammad. In fact, the only country in over 1,000 years to bar Jewish settlement in the West Bank was Jordan (then Transjordan) after the 1948 war. The Palestinians, should they assume control of the West Bank, have made it clear that they, too, seek a Judenrein state. Current Palestinian Authority law makes selling land to Jews punishable by death.

West Bank solutions

Forcing Jews from their homes in the West Bank is unnecessary for a successful Middle East peace plan. Two popular solutions allow for settlements to remain in the West Bank.

The first solution — a plan supported by Arab-Israeli dialogue activist Rabbi Menachem Fruman — calls for a future Palestinian state to have a Jewish minority. In this way, West Bank settlements should be seen as part of a future Palestinian state, and Jewish settlers as its future citizens. Of course, living in a Palestinian state may cause concern for some Jewish settlers, given the anti-Israel or even anti-Semitic views held by many Palestinians. Others, however, will want to stay because they believe the land is a part of the Jewish biblical homeland. Either way, settlers would ultimately determine if they want to stay or leave — not the United States.

The second solution, touted by U.S. presidents for the last decade, holds that Israel would retain settlements close to the country’s pre-1967 border in any peace agreement, as those settlements are home to almost 80 percent of West Bank Jews. In return, the Palestinians will be compensated with land from within Israel’s Green Line. This “land swap” was the vision of the Clinton administration at Camp David in 2000 and at Taba in 2001. It was also embraced by the Bush administration, outlined in letters between Israel and the United States in 2004.

Foreign policy priorities

The president’s focus on Israeli settlements appears incongruous with other foreign threats. Even amidst anti-government protests, the Islamic Republic of Iran marches forward with its nuclear weapons program. It is doubtful that Israeli settlements are a more pressing issue than this. Now, however, the only two countries with the will and capabilities to disrupt or destroy the Iranian nuclear program are sidetracked by a diversion from the Iranian nuclear issue, which threatens Middle East peace and U.S. interests around the world.

The Jewish “Settlers” Are Angels

by WrathofG-d ( 12 Comments › )
Filed under Israel, Judaism, Middle East, Religion, Terrorism at July 7th, 2009 - 3:14 pm

In an open letter published in several sources in recent weeks, Lt.-Col. (res.) Danny Baz, a secular Israel Air Force pilot from Herzliya sings the praises of the bravest Israelis – the Jewish pioneers of Judea and Samaria.   He writes, “Most of us do not have the tools to understand the greatness of the strategic and historic contribution of the settlers; if we are still here in a few hundred years, our descendants will be able to chalk this up to the settlers’ credit.”

Excerpts from the letter:

http://www.ynetnews.com/PicServer2/01082004/610168/RAS14_wa.jpgMany years ago, I flew low over Judea and Samaria, and a strange sensation filled my body. A totally secular Jew, a lover of Israel – I thought I saw angels… Later on, I realized that what I had seen was angels and the sons of angels who were sent, by holy destiny, to save the land of our forefathers from gentiles and from the lost souls of our own nation.

I did not see the angel Gabriel, nor Michael or Raziel. I saw angels who are even more important to Israel: the settlers!

Memorial day - A little boy from Katif settlement by roseinbal.Don’t raise your eyebrows, don’t make a face, and don’t worry about my mental health… All I ask is that you open your eyes and peel your ears, and perhaps you too will understand that in light of the dangers that face us, these are not regular angels… These are people who are there so that in the future, we will be able to say with pride, ‘These are our borders, this is our land, we have guarded over the inheritance of our forefathers.’

The settlers are a very important part of the State of Israel’s array of deterrence, and their value is no less than our nuclear arsenal (according to foreign sources, of course).

The settlers carry on their shoulders a historic task, one that can be compared to the beginning of Jewish settlement in the Land of Israel in the times of Joshua bin Nun – a heroic period in which those first settlers carved out the image of the Land of Israel. This is precisely what is happening now in Judea and Samaria. The Divinely-sent settlers are the ones who will end up determining the future border of the Land of Israel.

http://www.ynetnews.com/PicServer2/01082004/548083/P1010009-(Medium)_o&91;1&93;_wa.jpg

The settlers are the true Zionism. This is the religious Zionism that some of us in the secular world love to hate and see as the root of all our troubles with the anti-Zionist Western nations.  Religious Zionism has some amazing people, fighters, and men of spirit that only a nation like Israel is worthy of being blessed with.

Only history will judge how very important was their tremendous contribution to the Nation of Israel.

(From Israel National News.)

The so-called Jewish”settlers” in Judea and Samaria are the heart and soul and future of the Jewish people in their promised land.  Beyond the state of Israel itself, it is they who specifically deserve the respect, and support of all who consider themselves Zionists.  The enemy of Israel knows this and that is why they work so hard to attack them – on the ground, in the media, economically, politically, etc.   They need your help!