By Ted Belman
In 2011, Newt Gingrich said “The Palestinians are an invented people.” He was right. So why are they entitled to a state?
In 1964, the Palestine Liberation Organization was formed to liberate Palestine through armed struggle. But it took years for the notion of a Palestinian people to crystalize. In 1967, they were not recognized as such, nor were they considered a party to the conflict. Security Council Resolution 242 passed after the ’67 war, made no mention of them.
But in 1969, the State Department tabled the Rogers Plan:. It provided: “We believe its just settlement must take into account the desires and aspirations of the refugees and the legitimate concerns of the Governments in the area.” whereas Res 242 simply required a “just settlement of the refugee issue”. It also stressed the “inadmissibility of the acquisition of territory by war” as set out in the recital ignoring the fact that recitals do not create obligations.
In 1978, when the peace treaty with Egypt was being finalized, Pres Carter pushed PM Begin to agree to create a Palestinian state in five years. Begin refused but did agree to give them autonomy only.
Pres Reagan, who followed Carter, continued the pressure on Israel to create a Palestinian state. Jewish Virtual Library reports on the Reagan Plan (1982):
“Unknown to Israel, the Reagan administration was preparing a new diplomatic initiative for the Middle East, designed to renew the peace process, deal with the Palestinian issue, improve Israel-Egypt relations and provide impetus for Jordan to join the peace process. It was also aimed at pleasing those Arab states who had accepted PLO . evacuees from Beirut and signaling them that the U.S. was not satisfied solely with their departure from Beirut, but was seeking an overall solution.”
When PM Begin finally heard of the plan he said, “It is the saddest day of my life”.
The Reagan plan called for direct negotiations, an interim period of self-government and then ultimately an alliance with Jordan rather than a Palestinian State. He also called for an immediate freeze on settlement construction and for an undivided Jerusalem, the fate for which to be decided by negotiations.
The US as a matter of policy, promoted the PLO as the representative of the Palestinian people and forced Israel to accept them in peace discussions at the Madrid Conference in 1991.
Israel wanted to deal only with the Arabs in the territories but the US kept insisting that the PLO be involved because she wanted a voice for the Arab refugees outside of the territories. This pressure led Israel to come forward with her own Plan namely the Oslo Accords. She wanted it to apply only to the local Arabs but Pres Clinton insisted that the PLO be involved and that Israel accept back 40,000 of their terrorists and their leadership who has been rescued from Beirut by Reagan and deposited in Tunisia for safe keeping.
In 1993, Israel signed, along with them, the Declaration of Principles on Interim Self-Government Arrangements (Oslo I) and in 1995 the Interim Agreement on the West Bank (Oslo II), but these Accords made no mention of giving them a state.
Surprisingly, President George W. Bush gave it an official nod for the first time in his vision speech of 2002. This speech came about in response to enormous pressure from Saudi Arabia which was demanding the creation of such a state. Even so, it was conditioned on the Palestinians fighting terror, not aiding it or abetting it. In fact, there were many other pre-conditions to the creation of the state. But the US and the world quickly forgot about the preconditions and went forward with the idea that the Palestinians were entitled to a state.
Then in 2004, Bush gave a very important letter of assurances to PM Sharon in order to support his plans for disengagement.
“The United States will do its utmost to prevent any attempt by anyone to impose any other plan. Under the roadmap, Palestinians must undertake an immediate cessation of armed activity and all acts of violence against Israelis anywhere, and all official Palestinian institutions must end incitement against Israel. The Palestinian leadership must act decisively against terror, including sustained, targeted, and effective operations to stop terrorism and dismantle terrorist capabilities and infrastructure. Palestinians must undertake a comprehensive and fundamental political reform that includes a strong parliamentary democracy and an empowered prime minister.
“Second, there will be no security for Israelis or Palestinians until they and all states, in the region and beyond, join together to fight terrorism and dismantle terrorist organizations. The United States reiterates its steadfast commitment to Israel’s security, including secure, defensible borders, and to preserve and strengthen Israel’s capability to deter and defend itself, by itself, against any threat or possible combination of threats.[..]
“As part of a final peace settlement, Israel must have secure and recognized borders, which should emerge from negotiations between the parties in accordance with UNSC Resolutions 242 and 338.”
In this letter, which amounted to a contract, Bush committed the US to prevent any other plan being imposed. He also committed the US to Israel’s security and reiterated Israel’s right to defensible borders. By affirming Res 242, he was affirming that Israel need not vacate 100% of the land. The Arabs were livid.
Within a couple of months of his inauguration in 2009, Pres Obama repudiated this contract. In response to this and other indicators, I wrote that Obama intended to impose a solution on Israel in 2009. I explained that he had to repudiate it because the contract, if allowed to stand, committed the US to oppose the imposition of any other plan.
Obama then forced Netanyahu to recognize a Palestinian right to a state in his Bar Ilan Speech in June 2009 in which Netanyahu said:
“In my vision of peace, in this small land of ours, two peoples live freely, side-by-side, in amity and mutual respect. Each will have its own flag, its own national anthem, its own government. Neither will threaten the security or survival of the other.”
He went on to stipulate two demands or preconditions: namely the new state must be demilitarized and must recognize Israel as the State of the Jewish people. This was the first time Netanyahu or his party embraced the two state solution. Obama was satisfied even with all the pre-conditions and stipulations. He got what he wanted. He would ignore the stipulations. And this resolution does just that.
Next, he backed the Arab Peace Initiative, which called for 100% withdrawal, contrary to Res 242, albeit with mutually agreed swaps.
Then he demanded a complete building freeze, even in Jerusalem. Even so he could not get any concessions from either the Arab League or from the PA as compensation. Having no other choice, he backed the PA’s demand that, as the price of the PA entering negotiations, Israel should release over 100 Arab prisoners with blood on their hands. Israel agreed, though no one had any expectations that the PA would compromise. This prisoner release was in effect another freebie for them.
After strenuous efforts to achieve an agreement, Obama backed off but demanded that there be a continued freeze and nothing be done to make untenable the two-state solution.
But he hadn’t given up. By engineering the passage of Security Council Resolution 2334 declaring “the establishment by Israel of settlements in the Palestinian territory occupied since 1967, including East Jerusalem, has no legal validity” and demanding 100% withdrawal, he, in effect, was getting the Security Council to back his parameters for a peace agreement, namely ’67 lines plus swaps, with a divided Jerusalem.
This, in other words, is a demand by the international community that all lands east of the ’67 lines be free of Jews (judenrein, as the Nazis used to put it). That would include the Jewish neighborhoods in the eastern part of Jerusalem. Thus, the lands east of the ’67 lines must be ethnically cleansed of the 900,000 Jews that live there. A majority of which Jews were born there.
The Security Council underlined “that it will not recognize any changes to the 4 June 1967 lines, including with regard to Jerusalem, other than those agreed by the parties through negotiations….” Thus the Jews were denied the Temple Mount, the Old City, including the Jewish Quarter, the Holy Basin and the Western Wall, otherwise known as the Kotel.
This resolution completely overturned Res 242, which was passed 50 years ago and which was the cornerstone of all subsequent initiatives like the Oslo Accords, the Roadmap and the Bush letter of ’04. Throughout this entire period, all US presidents stressed the need for direct negotiations to settle all disputes. Any concessions that Israel made along the way were conditioned on the basis of direct negotiations to come.
This resolution removed from such negotiations, the ultimate borders, the fate of the settlements, the requirement that the borders be defensible and whether to create a state.
In the Oslo Accords, Israel made major concessions to the Palestine Liberation Organization representing the Arabs by inviting them into the territories and granting them autonomy in Areas A and B as demarcated by the Accords, believing that all Israeli safeguards in the Accords would protect her. Keep in mind that the Accords did not promise the Arabs a state nor did they proscribe settlement activity.
Prior to signing these Accords, Israel insisted that the PLO accept Res 242 as binding. This was important to Israel because it stipulated that Israel need only withdraw to “recognized and secure boundaries”. This new resolution negates all Israeli safeguards but not the concessions made by Israel. To do so is unconscionable.
On the one hand, the UN continually accuses Israel of violating international law and declares the settlements illegal by international law; yet, on the other hand, it ignores salient facts and binding contracts. The resolution thus violates the international legal order itself. The UN should be governed by law not by caprice.
Another example of invoking a law that doesn’t exist is the clause which cites “the inadmissibility of the acquisition of territory by force”. Howard Adelman makes short shrift of this proposition. There is no such law.
This resolution is built upon the proposition that the settlements are illegal by international law. But what if they aren’t? The UN holds that the lands in question are subject to the Fourth Geneva Convention, which applies whenever a High Contracting Party (HCP) i.e., a country which signed the convention, belligerently occupies the land of another HCP. But in this case the lands in question were not the land of a HCP but were unallocated land under the Palestine Mandate.
PM Netanyahu appointed a commission consisting of one retired High Court Judge and two senior lawyers to study the matter. In 2014, it issued the Levy Report, which concluded that the FGC does not apply. But even if it does apply, it doesn’t prevent Jews from voluntarily settling on the lands. And keep in mind that the Palestine Mandate gave Jews the right of close settlement on these lands, which right has never been terminated, nor can it be.
This matter has never been determined by a court of competent jurisdiction and thus the UN has no right to treat it as settled law.
To use the vernacular, Israel is being railroaded into creating a Palestinian state on all the territories captured 50 years ago, contrary to law, the facts, and existing agreements. Everything is twisted to label Israel a violator of law, when in fact it is the UN that is the violator. All this on behalf of an invented people who didn’t exist 50 years ago.
And:
Debunking the Arab Narrative
By Ted Belman
The high mark of the rights of the Jews to Palestine, formerly known as Judea for 1,000 years, was not the 1917 Balfour Declaration, it was just a declaration, but the San Remo Resolution of 1920.
In my article, Jordan is Palestine – A Legal Analysis, I wrote:
The San Remo Resolution is the subject of research of international law scholar and lawyer, Jacques Gauthier, Ph.D. Gauthier, who is Christian, spent a quarter-century researching and writing a 1,300-page thesis to investigate legal ownership rights of Jerusalem, the ancient-modern capital city.
Through San Remo, a legal document, Gauthier explained. “The Jewish people have been given the right to establish a home, based on the recognition of their historical connection and the grounds for reconstituting this national home,”.
The Palestine Mandate, passed in 1922 by the League of nations, included this recital. “Whereas recognition has thereby [i.e. by the Treaty of Sèvres] been given to the historical connection of the Jewish people with Palestine, and to the grounds for reconstituting their national home in that country”
I buttressed Gauthier’s opinion in Israel is the legal owner of all lands west of the Jordan R.
That’s it. Don’t let anyone tell you otherwise.
Thus, to establish the basis for the Arab claim to the land, they claim to be the indigenous people. But are they?
The Palestinian “Indigenous Population” Argument – Myths and Facts by Danny the Digger,
Perhaps the most powerful argument of the Palestinian-Arabs in the conflict over the land is that they are a “native” or “indigenous population,” while the Jewish-Zionists are a foreign population, who colonized their land.
In line with their claim of having been a ‘native population’, in the past the Arab Palestinians claimed to be descendants of the Philistines. But are they? For one thing the Philistines themselves were immigrants from Greece. They spoke a dialect of Greek and worshipped Philistine and Canaanite gods. Moreover, in western cultures, the Philistines are perceived as barbarians.
Realizing this, in recent years the Arab Palestinians changed their claim, and argue to be descendants of the Canaanites. However, the Canaanites also did not speak Arabic nor did they worship Allah. They spoke a Canaanite, which is close to Hebrew, and worshipped a pantheon of Gods.
According to the United Nations,
Indigenous peoples are the holders of unique languages, knowledge systems and beliefs and possess invaluable knowledge of practices for the sustainable management of natural resources. They have a special relation to and use of their traditional land. Their ancestral land has a fundamental importance for their collective physical and cultural survival as peoples. Indigenous peoples hold their own diverse concepts of development, based on their traditional values, visions, needs and priorities.
Back to Danny the Digger:
The cultural roots of Arab Palestinians, most of which are Muslims, are in the Arabian Peninsula. It is the source both of their language, and their religion. They originate in the Arabian Peninsula, and that is the only place where they can claim to be an ‘Indigenous population’.
But the Jews fit this definition exactly.
In fact, the Palestine Mandate also recognized “the historical connection of the Jewish people with Palestine”
But what about their claim that the Jews are “occupiers” of Arab land? Such a claim is false on two accounts. It’s not “Arab land” and Jews are not in any way “occupiers”. It’s a myth.
How to defeat the Israel ‘occupation’ myth with facts
First, just because a preponderance of countries in the United Nations vote to condemn Israel’s “occupation” doesn’t make it illegal..
Second, citing the Fourth Geneva Convention (FGC) to prove Israel illegally “occupies” Judea and Samaria exposes equally serious flaws in the anti-Zionist argument.
But the FGC is not applicable here because the FGC only applies when a country takes over the sovereign territory of another country (Art 2). The land in question was never the land of another country. Jordan, nor any other country, ever had recognized sovereignty there.
The facts are otherwise. Jews have lived in the land continuously for at least 3000 years. The San Remo Resolution in 1920, gave the Jewish people legal title to the land and the Palestine Mandate of 1922 gave them the right to settle the land.
After the ’67 War, the United Nations Security Council passed Res 242. It made no mention of the Palestinian people, because there was no such people.
Affirms that the fulfilment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles:
i) “Withdrawal of Israel armed forces from territories occupied in the recent conflict;(ii) Termination of all claims or states of belligerency and respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force;
Thus the Security Council; gave Israel the right to stay in possession of “territories occupied in the recent conflict” until she had a peace agreement with all states in the area which provided for “secure and recognized boundaries free from threats or acts of force”. It did not require Israel to withdraw from “all territories” and allowed Israel to keep some of the land which it required for security. So far, no such agreement has been attained but Israel has already withdrawn from 91% of the territories.
Israel considers the Jordan River to be its secure boundary and will not withdraw from it.
Yet, since 1999, the UN, EU and the PA refer to the remaining land as “occupied Palestinian territory”. This was due to the fact that the Oslo Accords gave the Palestinians autonomy over Area A, partial autonomy over Area B and no autonomy over Area C as delineated by the Accords. But even they recognize that these lands are not sovereign Palestinian territory.
The preamble to the Accords provides;
“Recognizing that the aim of the Israeli-Palestinian negotiations [..], leading to a permanent settlement based on Security Council Resolutions 242 and 338;
Reaffirming [..] that the negotiations on the permanent status, [..] will lead to the implementation of Security Council Resolutions 242 and 338,[,,]”
This is the bottom line. Res 242 rules, and the Oslo Accords is nothing more than a path to it.
And as I pointed out in “Israel should terminate the Oslo Accords”, such autonomy can be cancelled by Israel at any time.
In conclusion, these lands are not Palestinian lands and they are not illegally occupied by Israel.
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Has China begun hording food? Know I sound crazy but would not be surprised if China decided to try another Pearl Harbour. We have weak presidential leadership, screwed up Pentagon leadership, a divided nation that believes socialism preferable to freedom, debt load that is crippling and weapon and energy supply that has been depleted because of what we shipped to Ukraine.
Finally Iran could co-ordinate an attack with China.
Some times thinking outside the box prevents you from getting yourself boxed in.
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