Originally published: 2018-11-16 00:17:30
Since 1917, the legal rights, title, & sovereignty of the Jewish people and the Jewish State of Israel to Jerusalem, Judea, & Samaria (the West Bank) have been defined and established beyond dispute.
The Mainstream media – an agent of Operation Mockingbird for decades and the culprit of manipulating public focus – needs all of us to remind them who has the the most Sovereign Power behind them.
Editor’s note: all images – as well text marked as ‘[ link ]‘ – lead to source documents and/or relevant content which open in a separate tab or window, depending on how your browser has been configured.
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Those of us constantly attempting to challenge the anti-Israel, antisemitic, anti-Zionist, and pro-Palestinian narrative are always confronted with erroneous statements that Israel is in illegal occupation of Palestinian land.
Such claims, which started as propaganda, are now reported as fact by Israel’s opposition, media, and politicians, and go unchallenged even by pro-Israeli activists as the subject matter is so complex that there are insufficient pro-Israeli activists with the necessary competencies to effectively debate with the incorrect mob analysis.
Through boring and disciplined research, the post below will clearly identify the legality of Israel’s indisputable rights over territory the vast majority incorrectly believe to be illegally occupied.
The Legal Rights, Legal Title, and Sovereignty of the Jewish people and the Jewish State of Israel to Jerusalem, Judea, and Samaria (the West Bank) are defined and established beyond dispute.
The legal scholars and jurists Howard Grief and Dr. Jacques Gauthier have written extensively on such matters and the links below explain with clarity, elegance, and eloquence Israel’s Legal Title.
The International Legal Principles of Acquired Legal Rights and Estoppel give exacerbated support to Israel’s indisputable sovereignty.
The Palestinians have absolutely no legal rights, title, entitlement nor sovereignty over Jerusalem nor the West Bank.
This information should be shared, circulated, and distributed widely and used to counter the false claims to any of these areas by Israel’s opponents and Palestinian supporters.
Why do we NEVER hear or read about these legal rights from any of those supporting Israel’s case in the media?
Why the silence?
If it is because of lack of knowledge, then please educate yourselves or put people like myself who have been boringly disciplined in studiously increasing our knowledge on the subject in front of our opposition or when being challenged by the media.
VIDEO: Who Owns Jerusalem Under International Law?
by Dr. Jacques Gauthier – Israeli Frontline
NATIV Online : Vol. 2 / 2004 A JOURNAL OF POLITICS AND THE ARTS :
Legal Rights and Title of Sovereignty of the Jewish People to the Land of Israel and Palestine under International Law
It’s important to understand that the real originator of all of this was…
Howard Grief served as a legal advisor to Professor Yuval Ne’eman at the Ministry of Energy and Infrastructure in matters of international law pertaining to the Land of Israel and Jewish rights thereto. A Jerusalem-based attorney and notary, as well as a specialist in Israeli constitutional law, Howard Grief is the author of the “Petition to Annul the Interim Agreement” which was presented to Israel’s Supreme Court. (The Court, calling the Petition “a political position” extricated itself from dealing with the matter.) The Petition was published as ACPR’s Policy Paper No. 77 and describes the illegal nature of the Israel-PLO Agreements under Israeli law and their non-applicability under international law. Several feature articles of his have appeared in the pages of Nativ.
About “THE LEGAL FOUNDATION AND BORDERS OF ISRAEL UNDER INTERNATIONAL LAW”
This is the ‘bible’ on the subject, and everyone else, including Gauthier, used his work and incorporated his original research into their own.
He spent 25 years of his life researching the subject during which time he received no income and was supported by his wife.
He became legal advisor on the subject to Yuuval Ne’eman, who was a distinguished scientist and minister in the coalition government of Begin.
It was thanks to Grief that the whole subject of San Remo and The Mandate for Palestine document were brought back to public consciousness which established Jewish legal rights to Palestine in international law, having been conveniently ‘forgotten’.
He passed away on June 2013, and if you go to YouTube you can see some of his interviews.
He was passionate lover of Zion and in life an exceptionally modest and unassuming man.
His book remains an invaluable gift and source of knowledge to the Jewish People
VIDEO: WHO OWNS JERUSALEM UNDER INTERNATIONAL LAW? – by Dr. Jacques Gauthier
Israeli Frontline : September 7, 2018
Dr. Jacques Gauthier has devoted the last 20 years of his life to reminding the world of the historical truth of the rights granted to the Jewish People under international law, to Eretz Israel, a piece of land that is actually much larger than what the State of Israel is today.
Israel’s Legal Justification for Both Current & Expanded Borders – A Legal Timeline
The timeline below is an updated synopsis validating the State of Israel’s legal rights, not only to the current geographical area but also to a much expanded land mass including Judea, Samaria, and Gaza.
I have, where appropriate, given a brief explanatory note – please assist if you believe that I have misinterpreted or am simply incorrect on anything listed below. Moreover, if you believe amendments or improvement are warranted, please don’t hesitate to recommend .
The anti Israel, anti Zionist, antisemitic, and pro Palestinian opposition will undoubtedly mount a challenge citing that Israel is in contravention of the Fourth Geneva Convention.
Often cited is that Israel is in breach of Article 4 and 49 of the 4th Hague Convention 1907, but rest assured that binding International Law will destroy their any such challenges as per the link below so clearly explains
My Daily Kvetch – The Question of Legality for Israel
[ link ]
A blog for Zionism, Israel, Jews and Judaism.Telling the truth with Historical fact and NOT Lies against Palestinian lies
Each time you view, hear, or read any politician, commentator, journalist, or opponent of Israel spew vomit regarding Israel being an illegal occupier of Palestinian territory, the content within this post will discredit such claims and expose the truth.
A statement of intent of British Foreign Policy…
Smuts Resolution – January 1919 [ link ]
Officially endorsed by the Council of 10 on January 30 1919 – Palestine as envisaged by the Balfour Declaration named as a Mandated State.
The Smuts Resolution became Article 22 of the League of Nations Covenant.
San Remo Resolution – the Magna Carta of the Jewish People, April 25, 1920
Became Article 95 of the Treaty of Sevres and retained its validity as an act of International Law when inserted into the Preamble of the Mandate for Palestine, confirmed by 52 States of the League of Nations.
Article 22 also implemented the Balfour Declaration and the San Remo Resolution.
The Mandate has 28 Articles.
It is the Legal official Legal creation of Israel/Palestine adopted by the 52 States and by the Supreme Council of the Principal Allied Powers.
Under this Resolution, the Principal Allied Powers charged the British Government (who accepted) with the responsibility and legal obligation of putting into effect the Balfour Declaration and the borders of Israel/Palestine including Cis and Trans Jordan.
It combined Article 22 of the League of Nations with the Balfour Declaration.
Arab National aspirations recognised to –
Saudi Arabia/Hijaz 1931
Iraq (Mesopotamia ) 1932
Lebanon 1943 and Syria – under French Mandate 1946
Treaty of Sevres, Article 95
Ratified by all League of Nations August 10, 1920
Franco-British Boundary Convention
Identified and confirmed all borders of Palestine, December 23, 1920
Agreed by David Lloyd George and Georges Clemenceau defined Palestine as from Dan to Beersheba and also included TransJordan and other Nations, Saudi, Syria, and Mesopotamia (Iraq)
League of Nations Covenant
Article 22 – July 24 1922
The idea of an Internationally binding Legal Covenant was the idea of Woodrow Wilson and contained his 14 points of January 8, 1918
Mandate system established and governed by Article 22 – also within the Treaty of Versailles.
Great Britain 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.
N.B. Great Britain acted illegally by unilaterally dividing the land between Cis and Trans (West) Jordan – similarly illegally giving the Golan Heights to France for Syria.
Facilitates Jewish immigration and encourages settlement by Jews on State Lands and Wastelands.
Anglo American Convention codified into US Law all above December 3 1924
UN Charter Article 80
Any changes to 1922 League of Nations Mandate overridden, June 1945
The UN is required to uphold provisions of all previous League of Nations Treaties
‘rights gained through a Mandate will not expire as a result of the expiration of the Mandate‘.
This principle of of Acquired Rights once granted are recognised under a Treaty or other instruments do not expire with the expiration of the Treaty
UN General Assembly Partition Resolution – November 1947 and May 1948
Not legally binding as General Assembly can only make recommendations [ link ]
South West Africa – July 1966
Decision on Mandates – upheld UN Charter [ link ]
Vienna Convention Article 70 (1) (b) May 1969
The rights of the Jewish People deriving from the Mandate for Palestine remain in full force.
This principle of International Law would still apply even if one of the parties to the Treaty failed to perform the obligations imposed on it, e.g. the British Government, in regard to the 1922 Mandate for Palestine.
Under the doctrine of Estoppel prohibiting any State from denying what it had previously admitted, committed to or recognised under a former Treaty or any other International Agreement.
The Third Chamber of the Court of Appeal of Versailles April 2013
The French Court ruling found that
Israel’s presence in Judea , Samaria and Gaza is ‘unequivocally legal under International Law’
and that the Palestinians have no right legally to the region unlike the Israel which is legitimately entitled to all land beyond the 1949 ceasefire line.
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