Israel’s legal rights to expanded borders under international law

For the full text of the article see here by Peter Baum

No modern day conflict receives so much detailed and disproportionate attention than the Israel – Palestine Conflict. Unfortunately for reasons varying from extreme ignorance to extreme antisemitism much of the output for, decades has been disproportionately negative against Israel and biased and sympathetic towards the so-called Palestinian cause.

Many commentators spew utter garbage when attempting to justify their anti-Israel views by regularly referring to Israel’s continuous breaching of International Laws. Irrespective of whether or not UN Resolutions are binding under International Law (and they are not) the binding principles of Acquired Rights and Estoppel enshrine Israel’s legal rights under International Law for time immemorial.

Israel’s supporters are often not fully briefed thus fiction and revisionist history have morphed into fact.

a)  Balfour Declaration…..a statement of intent of British Foreign Policy, Nov 2, 1917

b)  Smuts Resolution, January 1919

c)   Officially endorsed by the Council of 10 on January 30, 1919 – Palestine as envisaged by the Balfour Declaration named as a Mandated State.

d)  The Smuts Resolution became Article 22 of the League of Nations Covenant

e)  Paris Peace Conference, February 27, 1919

f)    Treaty of Versailles, June 28, 1919

g)  San Remo Resolution – the Magna Carta of the Jewish People, April 25, 1920

This latter resolution 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 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

Agreed by David Lloyd George and Georges Clemenceau defined Palestine as from Dan to Beersheba and also included TransJordan and other Nations, Saudi, Mesopotamia, Syria

League of Nations Covenant  Article 22, July 24, 1922

Article 5 – 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 illegally by unilaterally divided the land between West ( Cis ) and Trans (West ) Jordan and illegally gave the Golan Heights to France for Syria. The excision of Transjordan based on Article 26 is almost certainly illegal as it directly contravened Article 5 but too late to be rescinded

Article 6 shall facilitate Jewish immigration and shall encourage settlement by Jews on State Lands and Wastelands.

This principle of Acquired Rights once granted is recognized under a Treaty or other instruments do not expire with the expiration of the Treaty

UN General Assembly Partition Resolution

Not legally binding as General Assembly can only make recommendations, November 1947 and May 1948

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.

The cowardly baying mob has had more than their share of rewarded publicity and it is time they are intellectually challenged.  This is just the start.

New Palestinian "Concern" for International Conventions

Bassam Tawil  October 30, 2018 

Full article https://www.gatestoneinstitute.org/13196/palestinians-prisoners-rights

While Hamas has been violating international laws by denying visits or any communication with the Israelis it holds captive, Palestinian terrorists in Israeli prisons continue to enjoy basic rights, including meeting with an attorney, receiving medical treatment, religious rights, basic living conditions (such as hot water, showers and sanitation), proper ventilation and electric infrastructure.

The families of the Palestinian terrorists held in Israeli prisons know where their sons are. They also know that their sons receive proper medical treatment and while away their days reading, exercising and watching TV. But the Israelis held by Hamas can only dream of seeing daylight as they languish in captivity.

Hamas, the Palestinian terrorist group that rules the Gaza Strip, does not like a bill making its way  through Israel's Knesset that would prevent visits by family members of terrorists in Israeli prisons. The bill, sponsored by MK Oren Hazan (Likud), would prevent such visits to terrorists who are members of groups that hold Israeli prisoners and deny them visits.     

The proposed Israeli law is a temporary measure, aimed at forcing Hamas to release information about the Israelis held in the Gaza Strip. There would be no need for the law were Hamas prepared to honor international and humanitarian conventions and allow visits by the Red Cross and other international agencies to the Israelis it is holding.

In response, Hamas denounced Israel's proposed law as "racist," and said in a statement that it was a "flagrant violation of all laws and humanitarian conventions." Hamas spokesman Hazem Qassem claimed that the bill was "part of Israel's policy to impose restrictions on the prisoners."

Suddenly, Hamas is concerned about "international law and humanitarian conventions"? Not quite. There is a catch. Hamas is only concerned about them when Palestinian terrorists are involved. As for the rights of Israelis held by Hamas, the Palestinian terrorist group apparently still believes they are not entitled to any rights.

How Palestinians Violate International Law

Written by Amb. Alan Baker, June 17, 2018

§  After the UN General Assembly on June 14, 2018, voted to condemn Israel for its handling of the Gaza border fence violence, it is all the more curious to observe the deliberate disregard of the serious and flagrant international humanitarian, environmental, and ecological crimes committed by Hamas and the Palestinians.

§  Since the Palestinian Authority is utilizing the events in Gaza to conduct its own political and legal campaign against Israel in international bodies, this renders the Palestinian leadership an accessory to Hamas in the commission of these crimes.

§  By initiating, encouraging, and supporting mass pollution of the border area through the organized stockpiling and burning of tires, the Palestinian leadership is responsible for repeatedly creating caustic clouds of carbon pollution. This act is damaging to the health of the Palestinian civilian demonstrators themselves, as well as the residents of Israeli communities in the vicinity of the border.

§  Incendiary kites and balloons have ignited vast swathes of agricultural land in Israel, destroyed crops, and endangered Israeli residents. The International Criminal Court Statute defines as a war crime “extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.”

§  From the viewpoint of international humanitarian law and accepted norms of humanity, placing Palestinian civilians, and especially women and children, at the forefront of violent demonstrations and attacks on the border fence as human shields to conceal the presence of Hamas terrorists is a violation of several international treaties protecting children and prohibiting their involvement in warfare.

§  Weaponizing kites and balloons by attaching explosive devices with the intention that they will explode upon landing or when found by Israeli civilians is a flagrant violation of international humanitarian law, notably the 1997 Convention for the Suppression of Terrorist Bombings. Moreover, the 2001 Conventional Weapons Convention prohibits the use of incendiary weapons.

§  From the viewpoint of international humanitarian law and accepted norms of humanity, placing Palestinian civilians, and especially women and children, at the forefront of violent demonstrations and attacks on the border fence as human shields to conceal the presence of Hamas terrorists is a violation of several international treaties protecting children and prohibiting their involvement in warfare.

§  The Palestinian leadership must be made to understand that its fixation with joining international treaties is not unidirectional. It involves solemn responsibilities to abide by the obligations included in such treaties. The international community must hold the Palestinian leadership to their commitments and not ignore their violations of the most fundamental norms and principles of international law.

For full article go to  http://jcpa.org/article/the-many-ways-the-palestinians-violate-international-law/