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Finally I wish to discuss the League of Nations mandate which was incorrectly stated as saying the area of Palestine where Jordan was unilaterally created was done so as per the mandate's provisions.
It was not.
In fact the Mandate survived the demise of the League of Nations and remains legally valid despite anti-Israelis who would prefer we revise history to pretend it either does not exist or does not state what it does and is no longer applicable.
In legal fact, Article 80 of the UN Charter implicitly recognizes the “Mandate for Palestine” of the League of Nations and to suggest it doesn't would suggest the mandate magically is removed from all the other treaties and laws the UN inherited for no reason other than certain political interests have said so. International law does not work that way.
The Mandate most certainly granted Jews the irrevocable right to settle anywhere in Palestine, the area between the Jordan River and the Mediterranean Sea. It never restricted it to the East Bank, ever.
The assumption settlement of Jews on the West Bank of the Jordan river is automatically illegal is untrue. The land on the West Bank is disputed. No one has an automatic right to it and the right of Israel to it comes from the Mandate. The right of today's self-proclaimed Palestinians to it came about as a fall back argument.
In fact after Israel beame a nation the Arab League never called for a Palestinian state and neither did Palestinians. In the 1950's and early 60's Palestinian leaders scorned the idea of a Palestinian state and some even called in a Zionist word.
The International Court of Justice reaffirmed the meaning and validity of Article 80 in three separate cases:
1- ICJ Advisory Opinion of July 11, 1950
2-ICJ Advisory Opinion of June 21, 1971
3- ICJ Advisory Opinion of July 9, 2004.
fURTHERMORE neither the ICJ nor the UN General Assembly can arbitrarily change the status of Jewish settlement as set forth in the “Mandate for Palestine,” an international accord that TO DATE has never been amended.
In fact under international law, All of western Palestine, from the Jordan River to the Mediterranean Sea, including the West Bank and Gaza, remains open to Jewish settlement under international law because they remain in dispute.
This is precisely why I might concede it is a deliberate political ploy for Israel now to expand as much as they can knowing the above to strengthen their argument to land on the West Bank before a treaty is established.
The political notion many have that Palestine exists, and must be all of the West Bank is only that, a political concept. It is not a legal one. For it to become legal consent between the feuding parties needs to be arrived at.
The UN wants a Palestinian state on the West Bank. Mr. Abbas says he would accept that if no Jews were allowed on the West Bank as citizens. That would mean transfer of hundreds of thousands of Jews back into Israel.
At the same time Mr. Abbas then says, but Palestinians who want to move to Israel and become Israelis must also be allowed to.
Mr. Abbas talks of accommodating Palestinians on the West Bank and within Israel proper. Then he states he will never recognize Israel as a Jewish state and does not consider compensation of the displacement of 700,000 Jews forced to move to Israel by Arab League states who illegally seized all their property an issue.
No we don't just have negotiations where one side demands and the other complies and no the UN has not acted as a neutral mediator in this matter as it time and time again has set up different standards for Palestinians then it has any other people in the world.
It is possible the Palestinian Authority and Arab League could force the issue with a unilateral declaration of a Palestinian State. That is certainly possible.
The reality though is for a Palestinian state to work, it would need assistance from Jordan, Israel and the U.S. and those three countries have a vested interest in assuring stability as the extremist Palestinians who do not want a two state solution continue to seek all of Jordan and Israel and the West Bank and Gaza to now form a Muslim theocratic state aligned with the Muslim brotherhood they want taking over Egypt and Syria and ironically would be as fundamentalism as the Shiite regime in Iran.
It was not.
In fact the Mandate survived the demise of the League of Nations and remains legally valid despite anti-Israelis who would prefer we revise history to pretend it either does not exist or does not state what it does and is no longer applicable.
In legal fact, Article 80 of the UN Charter implicitly recognizes the “Mandate for Palestine” of the League of Nations and to suggest it doesn't would suggest the mandate magically is removed from all the other treaties and laws the UN inherited for no reason other than certain political interests have said so. International law does not work that way.
The Mandate most certainly granted Jews the irrevocable right to settle anywhere in Palestine, the area between the Jordan River and the Mediterranean Sea. It never restricted it to the East Bank, ever.
The assumption settlement of Jews on the West Bank of the Jordan river is automatically illegal is untrue. The land on the West Bank is disputed. No one has an automatic right to it and the right of Israel to it comes from the Mandate. The right of today's self-proclaimed Palestinians to it came about as a fall back argument.
In fact after Israel beame a nation the Arab League never called for a Palestinian state and neither did Palestinians. In the 1950's and early 60's Palestinian leaders scorned the idea of a Palestinian state and some even called in a Zionist word.
The International Court of Justice reaffirmed the meaning and validity of Article 80 in three separate cases:
1- ICJ Advisory Opinion of July 11, 1950
2-ICJ Advisory Opinion of June 21, 1971
3- ICJ Advisory Opinion of July 9, 2004.
fURTHERMORE neither the ICJ nor the UN General Assembly can arbitrarily change the status of Jewish settlement as set forth in the “Mandate for Palestine,” an international accord that TO DATE has never been amended.
In fact under international law, All of western Palestine, from the Jordan River to the Mediterranean Sea, including the West Bank and Gaza, remains open to Jewish settlement under international law because they remain in dispute.
This is precisely why I might concede it is a deliberate political ploy for Israel now to expand as much as they can knowing the above to strengthen their argument to land on the West Bank before a treaty is established.
The political notion many have that Palestine exists, and must be all of the West Bank is only that, a political concept. It is not a legal one. For it to become legal consent between the feuding parties needs to be arrived at.
The UN wants a Palestinian state on the West Bank. Mr. Abbas says he would accept that if no Jews were allowed on the West Bank as citizens. That would mean transfer of hundreds of thousands of Jews back into Israel.
At the same time Mr. Abbas then says, but Palestinians who want to move to Israel and become Israelis must also be allowed to.
Mr. Abbas talks of accommodating Palestinians on the West Bank and within Israel proper. Then he states he will never recognize Israel as a Jewish state and does not consider compensation of the displacement of 700,000 Jews forced to move to Israel by Arab League states who illegally seized all their property an issue.
No we don't just have negotiations where one side demands and the other complies and no the UN has not acted as a neutral mediator in this matter as it time and time again has set up different standards for Palestinians then it has any other people in the world.
It is possible the Palestinian Authority and Arab League could force the issue with a unilateral declaration of a Palestinian State. That is certainly possible.
The reality though is for a Palestinian state to work, it would need assistance from Jordan, Israel and the U.S. and those three countries have a vested interest in assuring stability as the extremist Palestinians who do not want a two state solution continue to seek all of Jordan and Israel and the West Bank and Gaza to now form a Muslim theocratic state aligned with the Muslim brotherhood they want taking over Egypt and Syria and ironically would be as fundamentalism as the Shiite regime in Iran.