Tuesday, July 28, 2015

Authoritative experts who have declared Israel’s presence in the West Bank, East Jerusalem and the Golan to be legal, include inter alia


Authoritative experts who have declared Israel’s presence in the West Bank, East Jerusalem and the Golan to be legal, include inter alia
• Judge Schwebel, a former President of the ICJ, who pronounced “As between Israel, acting defensively in 1948 and 1967, on the one hand, and her Arab neighbors, acting aggressively, in 1948 and 1967, on the other, Israel has the better title in the territory of what was Palestine, including the whole of Jerusalem.” (See Appendix A and http://www.2nd-thoughts.org/id248.html )
• Professor Julius Stone, one of the twentieth century’s leading authorities on the Law of Nations. See http://www.2nd-thoughts.org/id160.html
• Eugene W. Rostow, US Undersecretary of State for Political Affairs between 1966 and 1969 who played a leading role in producing the famous Resolution 242.
See http://www.2nd-thoughts.org/id45.html
• Jacques Gauthier, a non-Jewish Canadian lawyer who spent 20 years researching the legal status of Jerusalem leading to the conclusion on purely legal grounds, ignoring religious claims that Jerusalem belongs to the Jews, by international law. See http://www.youtube.com/watch?v=28qwcVPNy3E
and http://www.israelnationalnews.com/News/News.aspx/125049#.TkAg4mGuySo
• William M. Brinton, who appealed against a US district court’s withholding of State Department documents concerning US policy on issues involving Israel and the West Bank, the Golan Heights, and the Gaza Strip. He showed that none of these areas fall within the definition of “occupied territories” and that any claim that the West Bank, the Gaza Strip, or both, is a Palestinian homeland to which the Palestinians have a ‘legitimate right’ lacks substance and does not survive legal analysis. According to Mr. Brinton no state, other than
Israel, can show a better title to the West Bank.
• Sir Elihu Lauterpacht CBE QC., the British specialist in international law, who concludes inter alia that sovereignty over
Jerusalem already vested in Israel when the 1947 partition proposals were rejected and aborted by Arab armed aggression.
• Simon H. Rifkind, Judge of the United States District Court, New York who wrote an in depth analysis “The basic equities of the Palestine problem” (Ayer Publishing, 1977) that was signed by Jerome N. Frank, Judge of the United States Circuit Court of Appeals Second Circuit; Stanley H. Fuld, Judge of the Court of Appeals of the State of New York; Abrahan Tulin, member of the New York Bar; Milton Handler, Professor of law, Columbia University; Murray L. Gurfein, member of the New York Bar; Abe Fortas, former Undersecretary of Interior of the United States and Lawrence R. Eno, member of the New York Bar. They jointly stated that justice and equity are on the side of the Jews in this document that they described as set out in the form of a lawyer’s brief.

2 comments:

  1. Why the erroneous use of the term "occupation's policy". The term "occupation" was being used as if it were a bad thing. What the United State recognizes is that Jews have every right to live in, to take up space in, to "occupy", their ancient homeland -- and even to advance it to improved, higher, stages of development. Jews have not taken-over someone else's country; they live in their own country and they uphold legal, documented, property ownership by non-Jews as well as Jews. The Arab-Palestinian narrative that tries to assert Arab sovereignty over the land is nothing but an attempt to reverse the defeat of the Ottoman Turks a century ago. Even under them, Arabs never sought to create a state or territorial region of "Palestine aka The Land of Israel"; and very few people, Arabs or Jews, lived in the territory west of the Jordan River. There were some absentee landlords, some of whom agreed to sell to Jews parcels of what they deemed to be worthless land consisting of swamps and desert at high prices. Arabs today have no more rights to this land than they did at that time (i.e., none), and only a very small percentage of those who live in it now are descended from ancestors who lived in it. Arab claims to it are nothing more than surreptitious warfare against the sovereignty of Jews in this Jewish home-land. If they actually have any intention of pursuing peaceful relations with their Jewish neighbors, they must stop talking about territory and start talking about individual and communal well-being in the towns and villages where they do already live and own property that they, too, "occupy". But the Arabs cannot make peace among themselves for over 1400 years and you expect them to make peace with the unbelievers.

    There never has been a country called 'Palestine' anyway so it cannot be occupied. The Russians are still holding territory they occupied belonging to Finland and Japan. They rushed to grab what they could of Japan in 1945 having had a non aggression treaty for the length of the war. If the Japanese had been fighting Russia all along it would have given the Germans an advantage. Of course it would have been an extra burden for Japan as well. The European countries are occupying other countries, UK occupy other countries France occupies Alsace-Lorraine.
    The Arabs have been actually occupying Israel's land for many centuries under different Muslim occupiers and different nations and nationality while abusing its resources and turning it into a desolate land, much of it uninhabitable.
    It is time to relocate the Arabs in Israel to Jordan and to the homes and the 120,000 sq. km. of Jewish land the Arab countries confiscated from the over a million Jewish families that they terrorized and expelled and those expelled Jews were resettled in Israel. They can use the trillions of dollars in reparations for the Jewish assets to finance the relocation of the Arabs and help set-up an economy and industry instead of living on the world charity. The Arab countries were allocated over 13 million sq. km. with a wealth of oil reserves.
    YJ Draiman

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  2. Face it - No Arab-Palestinian state west of the Jordan River
    If you read the 1917 Balfour Declaration (Which emulated Napoleons 1799 letter to the Jewish community in Palestine promising that The National Home for The Jewish people will be reestablished in Palestine, as the Jews are the rightful owners). Nowhere does it state an Arab entity west of The Jordan River. The San Remo Conference of April 1920 which incorporated The Balfour Declaration into International Law with no boundary restrictions it does not state an Arab entity west of The Jordan River, confirmed by Article 95 in the 1920 Treaty of Sevres and Lausanne. The Mandate for Palestine terms does not state an Arab entity west of the Jordan River. It specifically states a Jewish National Home in Palestine without limiting or restricting the Jewish territory in Palestine. It also states that the British should work with the Jewish Agency as the official representative of the Jews in Palestine to implement the National Home of the Jewish people in Palestine. I stress again; nowhere does it state that an Arab entity should be implemented west of the Jordan River.
    As a matter of historical record, The British reallocated illegally over 77% of Jewish Palestine to the Arab-Palestinians in 1922 with specific borders and Jordan took over additional territory like the Gulf of Aqaba which was not part of the allocation to Jordan. The United Nations resolutions are non binding with no legal standing it does not create an Arab Palestinian state and it has no authority to change the April 1920 San Remo treaty or modify the terms of the Mandate for Palestine which has the force of international law in perpetuity.

    No where in any of the above stated agreements does it provides for an Arab entity west of the Jordan River. The U.N. and General Assembly resolutions are non-binding with no legal standing, same applies to the ICJ. The Oslo Accords are null and void as state by Mahmmoud Abbas at the U.N.

    Israel must disband the Arab-PA and take back full control and sovereignty of all the territory west of the Jordan River – All of Judea and Samaria without delay. Time for talk is over. Now is the time for action to restore our Jewish sovereignty in all the Land of Israel and stop terror and violence.

    It is time to relocate the Arabs in Israel to Jordan and to the homes and the 120,000 sq. km. of Jewish land the Arab countries confiscated from the over a million Jewish families that they terrorized and expelled and those expelled Jews were resettled in Israel. They can use the trillions of dollars in reparations for the Jewish assets to finance the relocation of the Arabs and help set-up an economy and industry instead of living on the world charity. The Arab countries were allocated over 13 million sq. km. with a wealth of oil reserves.
    YJ Draiman

    P.S. Possession is nine tenths of the law – Israel has it.
    Political Rights in Palestine aka The Land of Israel were granted only and exclusively to the Jews in all of Palestine and the right to settle in all of Palestine with no exclusions.

    The Jewish people’s war of survival was not won when Hitler lost. It continues to this day, against enemies with more effective tools of mass murder at their disposal.
    Plus we are easy to find now.

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