First, find out what isn't true…

December 15, 2014

More theft by Israel. Not showing Jewish values!


ShortLink http://wp.me/pDB7k-1cY

Palestinian maritime borders From Haaretz – By Eran Azran and Reuters 22:09 14.12.14

A new natural gas field off Israel’s Mediterranean coast may hold about 3.2 trillion cubic feet of gas, about one third the size of the giant Tamar field, its two Israeli partners said Sunday after conducting a 3D seismic survey of the area.

If the estimate is accurate, reserves for the Royee prospect, located about 150 kilometers (93 miles) offshore Israel and close to its maritime borders with Cyprus and Egypt, would be the third-largest discovered in Israeli waters and the fourth-largest in the Mediterranean Basin, said Israel Opportunity, a partner in the group.

Problem … Under which official agreement did Israel legally acquire the territories “outside the State of Israel” … “in Palestine”?

Fact is, there is no such agreement and;
the acquisition of territory by war was illegal by 1933 under the Montevideo Convention on the Rights and Duties of States, adopted into the UN Charter 1945, International Law when Israel’s boundaries were proclaimed and recognized!

Put simply, Israel’s maritime borders with Egypt are not as claimed

Israel’s Mediterranean coastline extends only as far South as Ashdod and North as far as Acre!

Map of Palestinian territory never legally annexed to Israel

May 28, 2012

The Hasbara. World’s worst propaganda – United Nations General Assembly Resolution 181 was not binding and is irrelevant because the Arabs rejected it


ShortLink http://wp.me/pDB7k-Yx

How many times have you heard “the United Nations General Assembly Resolution 181 was not binding and is irrelevant because the Arabs rejected it”

Friday, 5 March 1948 Rabbi Silver stated to the UNSC

“Nevertheless, reluctantly but loyally, we accepted the decision which appeared fair and reasonable to the United Nations”

“We feel under the obligation to make our position unmistakably clear. As far as the Jewish people are concerned, they have accepted the decision of the United Nations. We regard it as binding, and we are resolved to move forward in the spirit of that decision. “

Friday, 19 March 1948 Rabbi Silver replacing Mr. Shertok at the Council table as representative of the Jewish Agency for Palestine stated

“We are under the obligation at this time to repeat what we stated at a [262nd meeting] meeting of the Security Council last week: The decision of the General Assembly remains valid for the Jewish people. We have accepted it and we are prepared to abide by it. If the United Nations Palestine Commission is unable to carry out the mandates which were assigned to it by the General Assembly, the Jewish people of Palestine will move forward in the spirit of that resolution and will do everything which is dictated by considerations of national survival and by considerations of justice and historic rights.”

“The setting up of one State was not made conditional upon the setting up of the other State.”

And again:
Security Council S/PV.271 19 March 1948 The representative of the Jewish Agency, Rabbi Silver:

The statement that the plan proposed by the General Assembly is an integral plan which cannot succeed unless each of its parts can be carried out, is incorrect. This conception was never part of the plan. Indeed, it is contrary to the statement made by the representative of the United States during the second session of the General Assembly. The setting up of one State was not made conditional upon the setting up of the other State. Mr. Herschel Johnson, representing the United States delegation, speaking in a sub-committee of the Ad Hoc Committee on the Palestinian Question on 28 October 1947, stated, in discussing this very matter in connexion with economic union: “The element of mutuality would not necessarily be a factor, as the document might be signed by one party only.”

UNGA res 181 is enshrined in the Declaration of the Establishment of the State of Israel

Someone is lying … You decide

August 30, 2011

Google Earth Overlay Israel Palestine, Google Earth Overlay of Israeli borders, Israel borders overlay for Google Earth, Map of Israel Google Earth


Shortlink http://wp.me/pDB7k-T0

It’s simple. Territory confirmed by the Government of Israel on the 22nd May 1948 as “outside of the state of Israel”, is not Israeli

BIG detailed Google Earth Overlay
of Israel’s borders and;
by default, what is not Israeli.
Google Earth Overlay Israel Palestine, Google Earth Overlay of Israeli borders, Israel borders overlay for Google Earth
Includes the UNGA text.
Load the kmz file into Google Earth
then use the properties in the left hand column
to vary the transparency
HELP
Israel did not define its borders in 1948 = a ghastly LIE!

Israeli Government statement made on the 22nd May 1948 to the UNSC AFTER declaring, AFTER being recognized :

"the above areas, outside the territory of the State of Israel, are under the control of the military authorities of the State of Israel, who are strictly adhering to international regulations in this regard"

"the Government of the State of Israel operates in parts of Palestine outside the territory of the State of Israel"

"sallies beyond the frontiers of the State"

"the above operations in areas outside the State of Israel"

"No area outside of Palestine is under Jewish occupation but sallies beyond the frontiers of the State of Israel have occasionally been carried out by Jewish forces for imperative military reasons, and as a part of an essentially defensive plan"

The document shows us that:
A) Israel did have borders, acknowledged by the Israeli Government in 1948
B) It acknowledges two separate entities. The State of Israel and Palestine (outside the territories of the State of Israel)
C) It acknowledges that Israeli forces were operating in Palestinian territory, i.e., what remained of Palestine outside of Israel
D) It acknowledges territories under Israeli military control. Which meant they were occupied according to the “international regulations” at the time, the Laws and Customs of War on Land (Hague IV); October 18, 1907 Art. 42 SECTION III

OTHER MAPS
Large copy of the map used in Google Earth

Other Maps relating to the Israeli Palestine conflict. Areas never legally annexed by Israel.

Palestine pre – 1900
Maps from the Jewish National and University Library

Map of Mark Twain’s journey Through predominantly arid regions, in the middle of summer. Includes quotations from Twain’s ‘Innocents Abroad’ and other authors pre-dating Twain

February 8, 2011

Palestine. A country, a state? Mandate period treaty documents between Palestine and Great Britain, Ireland, Iraq, Syria, TransJordan, Turkey, Egypt seem to confirm that it was.


…It’s actually quite simple. If it isn’t the “acknowledged” sovereign territory of Lebanon, Syria, Jordan, Egypt or Israel, it’s a territory of Palestine…

ShortLink http://wp.me/pDB7k-Qh

League of Nations Mandate for Palestine:
The Council of the League of Nations “Whereas the Principal Allied Powers have agreed, for the purpose of giving effect to the provisions of Article 22 of the Covenant of the League of Nations, to entrust to a Mandatory selected by the said Powers the administration of the territory of Palestine, which formerly belonged to the Turkish Empire, within such boundaries as may be fixed by them; “
http://www.mfa.gov.il/MFA/Peace%20Process/Guide%20to%20the%20Peace%20Process/The%20Mandate%20for%20Palestine

League of Nations Convenant: Article 22. Part I. (4th paragraph)
“Certain communities formerly belonging to the Turkish empire have reached a stage of development where their existence as independent nations can be provisionally recognized subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone. The wishes of these communities must be a principal consideration in the selection of the Mandatory.”
http://avalon.law.yale.edu/20th_century/leagcov.asp#art22

League of Nations 30 November 1937 C.495.M.336.1937.VI. Geneva, November 30th, 1937

Chapter X. – Conclusion
” It means that the Arabs must acquiesce in the exclusion from their sovereignty of a piece of territory, long occupied and once ruled by them.”

——

Additional research from Michael

Prior to the Mandate – Great Britain, Ireland and Palestine:
“Article 2. The Money Order Service between the contracting countries shall be performed exclusively by the agency of Offices of Exchange.
Article 7. Duplicate Orders shall be issued only by the Postal Administration of the country of payment and in conformity with the regulations established or to be established in that country.
Article 8. When it is desired that an error in the name of the payee shall be corrected, or that the amount of a Money Order shall be repaid to the remitter, application must be made by the remitter to the Chief Office of the country in which the Order was issued.
Article 9. Repayment of an Order shall not, in any case, be made until it has been ascertained, through the Chief Office of the country where such Order is payable, that the Order has not been paid and that the said Office authorizes the repayment.
Article 10. Orders shall remain payable in each country for twelve months after the expiration of the month of issue ; and the amounts of all Money Orders not paid within that period shall revert to and remain the property of the Administration of the country of issue.”

http://untreaty.un.org/unts/60001_120000/20/20/00038953.pdf

Iraq, Syria, TransJordan, Turkey and Palestine:
“Article I. The High Contracting Parties undertake to créât and maintain an ” International Office
for Information regarding Locusts “. Its seat shall be at Damascus, and its expenses shall be defrayed by the Contracting Parties in equal shares.
Article II. The Office shall operate under the authority and control of a Committee composed of delegates of the Contracting States.
Article III. The expenses of setting up the office and the annual expenses of running it shall be supported by the Contracting States according to the conditions laid down by the Organic Statute mentioned in Article II.
Article IV. The contributions of each of the Contracting States shall be paid in through the intermediary of the High Commissariat of the French Republic in the States of Syria to the Bank of Syria and Lebanon at Damascus, whence the money shall be withdrawn, as need arises, on the order of the Director of the Office. Each of the Contracting States shall make its first annual payment within three months from the date when this Agreement is approved by their respective Governments.”

http://untreaty.un.org/unts/60001_120000/17/1/00032024.pdf

International Commerce Agreement with Egypt and Palestine:
“The Egyptian Government therefore agrees, on the basis of complete reciprocity, to grant most-favoured-nation treatment to products of the soil and of industry originating in Palestine and imported into Egyptian territory for consumption, re-exportation or transit.”
http://untreaty.un.org/unts/60001_120000/16/8/00030366.pdf

December 16, 2010

Israel has no fixed borders? On May 22 1948 Israel confirmed it’s borders in a letter to the UNSC. The Hasbara does not explain, it justifies the usurping of the Palestinians


…It’s actually quite simple. If it isn’t the actual Sovereign Territory of Lebanon, Syria, Jordan, Egypt or Israel, then by default it is the territory of what remained of Palestine on May 15th 1948. Non-self Governing Territories fall under the protection of the UN Charter Chapt XI…

ShortLink http://wp.me/pDB7k-KL

How many times have you heard the notion that Israel has no borders with Palestine? According to the Provisional Israeli Government’s May 15th 1948 plea for recognition, the State of Israel was declared

“within frontiers approved by the General Assembly of the United Nations in its Resolution of November 29, 1947,”

Israel was immediately recognized as such by the US followed by Russia and; recognized as such by the majority of the International Community of Nations before being accepted into the UN and; the extent of Israel’s sovereignty was confirmed by the Israeli Government in a statement to the UNSC on 22nd May 1948, before Israel was accepted into the UN as declared and recognized, before the Armistice Agreements and; before Israel made the first claims to territories the Israeli Government stated (n 22nd May ’48) were “outside the territory of the State of Israel”.

On May 15th 1948 the extent of Israel’s Sovereign territories were clearly defined in the Israeli Government’s official plea for recognition to the President of the USA.

May 15, 1948 Letter From the Agent of the Provisional Government of Israel to the President of the United States, “MY DEAR MR. PRESIDENT: I have the honor to notify you that the state of Israel has been proclaimed as an independent republic within frontiers approved by the General Assembly of the United Nations in its Resolution of November 29, 1947, and that a provisional government has been charged to assume the rights and duties of government for preserving law and order within the boundaries of Israel, for defending the state against external aggression, and for discharging the obligations of Israel to the other nations of the world in accordance with international law. The Act of Independence will become effective at one minute after six o’clock on the evening of 14 May 1948, Washington time.”

The US immediately recognized Israel as such. No more, no less. The British also recognized Israel as such and considered non-declared territories under Israel’s control by the time of British recognition, as occupied.

On May 22nd 1948 the extent of Israel’s Sovereign territories were clearly stated again in the Israeli Government’s Reply to the UNSC.

May 22, 1948 The reply of the Provisional Government of Israel UNSC S/766 to the questions addressed to the “Jewish authorities in Palestine” was transmitted by the acting representative of Israel at the United Nations on May 22.

“at present over the entire area of the Jewish State as defined in the Resolution of the General Assembly of the 29th November, 1947. In addition, the Provisional Government exercises control over the city of Jaffa; Northwestern Galilee, including Acre, Zib, Base, and the Jewish settlements up to the Lebanese frontier; a strip of territory alongside the road from Hilda to Jerusalem; almost all of new Jerusalem; and of the Jewish quarter within the walls of the Old City of Jerusalem. The above areas, outside the territory of the State of Israel, are under the control of the military authorities of the State of Israel, who are strictly adhering to international regulations in this regard [1]. The Southern Negev is uninhabited desert over which no effective authority has ever existed.”

The Israeli Govt goes on to use these phrases in the document:

“the Government of the State of Israel operates in parts of Palestine outside the territory of the State of Israel” — “outside the area of the State” — “beyond the frontiers of the State of Israel”

Four instances where the Israeli Government, after having declared and been recognized, acknowledged limits to it’s territory. aka Borders, delineating the state of Israel from Palestine!

On 12 Aug 1948 an Israeli Government Proclamation says Jerusalem was “occupied”.

Jerusalem Declared Israel-Occupied City- by Israeli Government Proclamation 12 Aug 1948.

[1]

[1] “international regulations” at the time say;

Laws and Customs of War on Land (Hague IV); October 18, 1907 Art. 42 SECTION III
“Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised. “

On June 15, 1949, Israel’s position on its frontiers, statement to the Knesset by Foreign Minister Sharett.

June 15, 1949 Israel-s position on its frontiers VOLUMES 1-2: 1947-1974
“As for the frontier between the State of Israel and the area west of the Jordan which is not included in Israel…”

ShortLink to this section http://wp.me/pDB7k-KL#firsclaims
On the 31st Aug 1949 Israel made it’s first official claim to territories beyond the extent of its sovereign frontiers. After accepting UNGA resolution without registering any reservations. After declaring Israel Independent of any other entity including Palestine, per the borders of UNGA Res 181 and; enshrining UNGA Resolution in the Declaration. After being recognized as asked & declared. After confirming what was “outside the territory of the State of Israel” to the UNSC and by proclamation declaring Jerusalem “Israeli-Occupied”. After being accepted into the UN, as recognized and based on the Israeli Government statements to the UNSC prior to the UNSC recommendation. Israel’s claim was rebuffed, citing the Armistice Agreements .

UN Charter

Chapt XI DECLARATION REGARDING NON-SELF-GOVERNING TERRITORIES . Israeli Declaration “Israel…will be faithful to the principles of the Charter of the United Nations May 14th 1948.

Under the UN charter, the acquisition of territory by war is inadmissible. The only manner in which territory can be acquired is by legal annexation. Israel has never legally annexed any territory

Consecutive Israeli Governments have been LYING to it’s own citizens and the world for 62 years.

Contrary to the opinions on why the British took so long to recognize Israel, the British waited until an Israeli Government was elected and waited until Israel was accepted into the UN as Declared and as recognized by the majority of Nations. The British also took into consideration the statements by the Israeli Government, granting de jure recognition of State and elected Government, with conditions.

ISRAEL (GOVERNMENT DECISION) HC Deb 27 April 1950 vol 474 cc1137-41 “His Majesty’s Government have also decided to accord de jure recognition to the State of Israel, subject to explanations on two points corresponding to those described above in regard to the case of Jordan. These points are as follows. First, that His Majesty’s Government are unable to recognise the sovereignty of Israel over that part of Jerusalem which she occupies, though, pending a final determination of the status of the area, they recognise that Israel exercises de facto authority in it. Secondly, that His Majesty’s Government cannot regard the present boundaries between Israel, and Egypt, Jordan, Syria and the Lebanon as constituting the definitive frontiers of Israel, as these boundaries were laid 1139 down in the Armistice Agreements concluded severally between Israel and each of these States, and are subject to any modifications which may be agreed upon under the terms of those Agreements, or of any final settlements which may replace them.”

Nothing has yet replaced them. Israel has never legally annexed any territory to the “frontiers approved by the General Assembly of the United Nations in its Resolution of November 29, 1947″. It’s two attempts at annexation were condemned by UNSC Res 252 (+ 5 reminders) and UNSC Res 497, the Golan.

—–

These territories, “outside the territory of the State of Israel”, acquired by war, confirmed by the Israeli Government as occupied and never legally annexed to Israel, are quite simply not sovereign to Israel. As Professor Stephen M. Schwebel, after leaving office as a Judge of International Court of Justice, explains (citing Elihu Lauterpacht), a sovereign can ‘restore’ it’s own sovereign territory by war. It cannot ‘acquire’ territory by war.

Israel has never had to ‘restore’ any sovereign territory, it has never had any sovereign Israeli territory taken from it. In fact, failing to reach a peaceful settlement under Chapt VI of the UN Charter, Syria has a right to ‘restore’ the Golan by war. Likewise Egypt had the same right over the Sinai.

Detailed Partition Map.
Overlay for Google Earth with borders marked according to text of UNGA Res 181 (included)
1947 Partition Google Earth Overlay

October 12, 2010

Is Israel actually a democratic state? Read the Declaration of the Establishment of the State of Israel. The words ‘democratic’ and ‘democracy’ simply do not appear.


…It’s actually quite simple. If it isn’t the “acknowledged” Sovereign Territory of Lebanon, Syria, Jordan, Egypt or Israel,
then it’s the territory of what remains of Palestine since Jordan and Israel declared their Sovereign Independence from Palestine in 1946 & 1948. Neither are a part of Palestine, nor is Palestine a part of Lebanon, Syria, Jordan, Egypt or Israel

ShortLink http://wp.me/pDB7k-D6

How many times have you heard “Israel is the only democracy in the Middle East” ?

HERE for the Full Text of The Declaration of the Establishment of the State of Israel.

Partial text

“WE DECLARE that, with effect from the moment of the termination of the Mandate being tonight, the eve of Sabbath, the 6th Iyar, 5708 (15th May, 1948), until the establishment of the elected, regular authorities of the State in accordance with the Constitution which shall be adopted by the Elected Constituent Assembly not later than the 1st October 1948,”

An Israeli Government has never been elected in accordance with A) the Declaration B) in accordance with the Constitution. An Israeli constitution has yet to be written. It was a legal condition accepted by the Jewish People’s Council for declaring Independent statehood.

It is arguable that no Israeli law has ever been passed by a legally elected Israeli Government. The Provisional Government was not elected, was not put in place by a referendum, nor was the Zionist Federation or any other body representing the world’s Jewish population towards the formation of the State of Israel.

THE STATE OF ISRAEL will be open for Jewish immigration and for the Ingathering of the Exiles; it will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel;”

The prophets of Israel are a religious notion = theocratic. shades of Deuteronomy 20:15 perhaps?

“it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex;”

Depending on who those inhabitants might be, based on the prior ‘as envisaged by the prophets of Israel’

” it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions;”

‘as envisaged by the prophets of Israel’

” and it will be faithful to the principles of the Charter of the United Nations.”

‘as envisaged by the prophets of Israel’?

Israel was not a democracy for the first 8 months as an Independent Sovereign State. There was no elected Israeli Government between May 15th 1948 and the first Israeli election on 25 January 1949. No laws during this period were passed by a democratic Government.

62 years later, we see:
Not able to reconcile the two notions Democratic and Jewish State, successive Israeli Governments are still acting without a constitution.
Still usurping the Palestinians
Denying the Bedouin their nomadic culture
Ignoring the Geneva Conventions
Ignoring the Israeli High Court
Ignoring the UN Charter
Ignoring hundreds of UNSC Resolutions
Illegally ‘acquiring’ territory not sovereign to Israel
Illegally annexing “territories occupied”
Illegally instituting Israeli Civil Law in “territories occupied” and territories illegally acquired by war by 1950 and never legally annexed to Israel
Illegally building Israeli civilian infrastructure in “territories occupied” and territories illegally acquired by war by 1950
Illegally building AND illegally selling dwellings to Israeli citizens illegally in “territories occupied” and territories illegally acquired by war by 1950

Haaretz – [[ Rabbi Yosef, who has been known to make controversial comments in the past, cited rulings based on the Book of Deuteronomy related to the Jewish people’s inheritance of the land, the presence of other peoples on the land, and that the Jews should not make a covenant with them “nor show mercy unto them.”
According to Yosef, this has been understood to mean barring the sale of land to non-Jews, based on an interpretation by Rabbi Yosef Caro, the 16th-century author of the codification of Jewish law, the Shulhan Arukh. ]]

The International community, the UN, the UNSC has only ever asked that Israel adhere to it’s voluntary obligations under the law. The same laws guarantee Israel the right to defend itself from all comers. They do not require Israel to relinquish ANY sovereign territory.

However, Israel seems to operate under the assumption it’s only answerable to a higher power, perhaps that of the prophets of Israel?

The Palestinians have only asked that Israel recognize their rights, which are no more or less than the rights of every human granted under the UN Charter and International Humanitarian Law.

Have Israelis actually voted for policies resulting in the above? Or have they been duped into the current situation? At the time of writing this, two of the most pertinent documents relating to Israel’s actual recognized Sovereign territories are nowhere to be seen on the Israeli Govt web site. Ignorance is bliss?

Interesting essay by Amnon Rubinstein. Professor of law at the Interdisciplinary Center, Herzliya and an Israel Prize laureate. (note the title though “The Curious Case of Jewish Democracy”)


Discussion on reddit

April 29, 2010

Israel vs the entity of Palestine. Is Ashkelon in Israel? Maps. Declared and non-declared territories.


…It’s actually quite simple. If it isn’t the “acknowledged” Sovereign Territory of Lebanon, Syria, Jordan, Egypt or Israel,
then it’s the territory of what remains of Palestine since Jordan and Israel declared their Sovereign Independence from Palestine in 1946 & 1948. Neither are a part of Palestine, nor is it a part of Lebanon, Syria, Jordan, Egypt or Israel

ShortLink http://wp.me/pDB7k-tM

Plan Dalet was instigated in the months prior to Declaration, exacerbating and escalating the existing civil war. By 15h May 1948 Jewish forces were already outside of the territories allocated for a Jewish State under UNGA res 181 and which the Jewish Agency had accepted as “binding”. The moment Israel was declared an independent state, what had been a civil war in Palestine, became a war waged by the self declared Independent Sovereign State of Israel on what remained of the non-self-governing territory that remained of Palestine.

The basis of Israel’s recognition by the majority of the International Community of Nations/States (over riding the Arab states legal objections), is the : Letter from the Agent of the Provisional Government of Israel to the President of the United States, May 15, 1948 “MY DEAR MR. PRESIDENT: I have the honor to notify you that the state of Israel has been proclaimed as an independent republic within frontiers approved by the General Assembly of the United Nations in its Resolution of November 29, 1947, and that a provisional government has been charged to assume the rights and duties of government for preserving law and order within the boundaries of Israel, for defending the state against external aggression, and for discharging the obligations of Israel to the other nations of the world in accordance with international law. The Act of Independence will become effective at one minute after six o’clock on the evening of 14 May 1948, Washington time.” Also The US acknowledgement has ‘Jewish State’ crossed out and replaced with the “State of Israel”.

The US recognized Israel, 11 minutes after it was declared. “…. within frontiers approved by the General Assembly of the United Nations in its Resolution of November 29, 1947″ . The recognition of the limits of Israel’s sovereign extent, echoed by the British after an Israeli Government was elected to the State of Israel and confirmed by the Provisional Israeli Government on May 22nd 1948 at the same time acknowledging Palestine as a separate entity to Israel, has been the basis of the UN and UNSC resolutions for Israel’s actions in “territories, outside the State of Israel” . Actions that have been contrary to the Laws, the UN Charter, the Conventions Israel has ratified and the Chapter VI resolutions the UNSC has passed against Israel’s actions outside of its sovereign extent.

The US veto in the UNSC on Chapt VII resolutions which would find Israel facing the consequences of its illegal actions, is irreconcilable with the official US recognition of Israel on May 15th 1948 and Israel’s illegal territorial acquisitions since being recognized.

By Israel being declared an Independent State, the territories that remained of Palestine, now bounded by the new State of Israel and the four surrounding Arab States were by default, A) not Israeli and; B) independent of Israel.

Israel has never legally annexed ANY territories! Not the “territories occupied” during the ’67 war, OR the territories ‘acquired’ by war by the time the Armistice Agreements were signed in 1949, when Israel was a UN Member state, bound to the Charter in its entirety

Before Israel was admitted to the UN, it was already by International Law inadmissible to ‘acquired’ territory by war. Any war. The law does not differentiate between defensive, aggressive, legal illegal or preemptive war. (see difference between ‘acquire’ and ‘restore’ according to the oft quoted (Professor) Stephen M. Schwebel .

Even territory captured in war must be legally annexed through a referendum of the citizens of the territory to be annexed, sans the citizens of the state wishing to annex. (see the legal annexation of Texas by the USA) So too the annexation of Alaska and Hawaii, both by the same legal process. By which the US itself was instrumental in the legal process of annexation passing into the Customary International Law and on which UNSC res 252 and its eight reminders are based.

The legal precedent being set by the US itself, is also irreconcilable with the US veto vote on Chapter VII resolutions in the UNSC.

Maps (ShortLink to these maps http://wp.me/pDB7k-tM#maps )
DETAILED Partition Overlay Map (dotted blue lines) for Google Earth
Including the detailed text of the recommended boundaries Israel declared and were acknowledged by the majority of the International Community of nations.
1947 Partition Google Earth Overlay
How to adjust the transparency of the overlay in Google Earth

Partition boundaries accepted by Israel
Enlarge – used in the overlay

Link to here
Exactly WHO is being wiped off the map?
Who is being wiped off the map?
(rough representation only)

LinkTo this section http://wp.me/pDB7k-tM#isdud-vs-ashdod

The Isdud of Palestine 1948 is not the Ashdod of Israel 2010

The Isdud referenced in the 1948 /50 war – 31°45’11.38″N 34°39’47.21″E
Was within the territory allocated to what remained of the entity of Palestine post May 14th 1948.
It is incorrect to say the Arab States attacked Ashdod in Israel. It didn’t exist in Israel in 1948/50
The Ashdod of Israel was only established in 1956.
Egyptian forces went as far as the Isdud of 1948/50

“From the southern point of intersection the boundary lines run north-westwards between the villages of Gan Yavne and Barqa to the sea at a point half way between Nabi Yunis and Minat El-Qila, and south-eastwards to a point west of Qastina, whence it turns in a south-westerly direction, passing to the east of the built-up areas of Es Sawafir Esh Sharqiya and ‘Ibdis.”
Google Overlay

Isdud Palestine 1948 vs Ashdod Israel 2010 (kmz file)

The Asdod of 1956/2011 occupies an area closer to the coast.
The boundaries of the city mirror almost exactly the coastal sands at 45′.
They traverse the declared boundary to the South of 45′. The territory South of Israel’s declared boundary at the West coast has never been legally annexed to Israel.


(ShortLink to non-annexed territories http://wp.me/pDB7k-tM#nonannexed-territories )
Israel has never legally annexed these territories to it’s sovereignty! Neither the British, the US or Russia acknowledged them as Israeli

northern territories southern territories

Bee’er Sheba (Sheva)
(ShortLink to this map http://wp.me/pDB7k-tM#beersheba )
http://talknic.files.wordpress.com/2011/02/beersheba.jpg

March 30, 2010

Why are some of the most important documents relating to Israel’s Sovereignty never cited by people who justify the illegal acquisition of Palestinian territory?


…It’s actually quite simple. If it isn’t the “acknowledged” Sovereign Territory of Lebanon, Syria, Jordan, Egypt or Israel,
then it’s a territory of the non-state entity of Palestine…
ShortLink http://wp.me/pDB7k-sa

Broadcast to the nation by Prime Minister Ben-Gurion- on Sabbath- 15 May 1948 The State of Israel was established yesterday and its Provisional Government has already turned to the nations of the world, great and small, in the East and in the West, announcing its existence and its desire to co-operate with the United Nations in the interests of international peace and progress. We have received unofficial reports that several countries have recognised the State of Israel. The first official recognition came from the government of the United States of America.

1) The statement Israel issued on declaring Sovereign Statehood and on which the majority of the International Community of States granted recognition to Israel, over riding the Arab State’s legal objections.

Letter from the Agent of the Provisional Government of Israel to the President of the United States, May 15, 1948 “MY DEAR MR. PRESIDENT: I have the honor to notify you that the state of Israel has been proclaimed as an independent republic within frontiers approved by the General Assembly of the United Nations in its Resolution of November 29, 1947, and that a provisional government has been charged to assume the rights and duties of government for preserving law and order within the boundaries of Israel, for defending the state against external aggression, and for discharging the obligations of Israel to the other nations of the world in accordance with international law. The Act of Independence will become effective at one minute after six o’clock on the evening of 14 May 1948, Washington time.” Also available as PDF from the Truman Library Research attrib

(ShortLink to more maps http://wp.me/pDB7k-tM#maps )
DETAILED Partition Map.
(dotted blue lines) Overlay for Google Earth – Including the detailed text of the recommended boundaries. The boundaries Israel declared and were acknowledged by the majority of the International Community of nations.
1947 Partition Google Earth Overlay

Link to this section http://wp.me/pDB7k-sa#British_recognition
The British recognition, based on the above, the law and Israel’s armistice AGREEments

2) His Majesty’s Government have also decided to accord de jure recognition to the State of Israel, subject to explanations on two points corresponding to those described above in regard to the case of Jordan. These points are as follows. First, that His Majesty’s Government are unable to recognise the sovereignty of Israel over that part of Jerusalem which she occupies, though, pending a final determination of the status of the area, they recognise that Israel exercises de facto authority in it. Secondly, that His Majesty’s Government cannot regard the present boundaries between Israel, and Egypt, Jordan, Syria and the Lebanon as constituting the definitive frontiers of Israel, as these boundaries were laid down in the Armistice Agreements concluded severally between Israel and each of these States, and are subject to any modifications which may be agreed upon under the terms of those Agreements, or of any final settlements which may replace them.

Israel has NEVER legally annexed ANY territory outside it’s Declared Sovereign boundaries, and there has never been any final settlements, between Israel and the non-state entity of Palestine or the Arab States, to replace them

The Palestinians have never in the entire history of the region been able to declare independence because there has ALWAYS been some other entity in control of part or all of their territories. By the end of the British Mandate (occupation), when they should have been able to declare independence, if they wished. (independence is by it’s nature a completely unilateral, independent, decision). However, there were already Jewish forces in control of territories slated for the new Arab State, making it impossible for them to declare independence, simply because they were not and are still not, free of another entity’s control.

MORE

January 2, 2010

The recognition of Israel. De jure? De facto? The Jewish State?


…It’s actually quite simple. If it isn’t the “acknowledged” Sovereign Territory of Lebanon, Syria, Jordan, Egypt or Israel,
then it’s a territory of Palestine…

ShortLink http://wp.me/pDB7k-lA

There is no legal basis in the demand that the Palestinians recognize Israel or Israel as the Jewish State. No other country in the world gave recognition to Israel as the “Jewish State” . They recognized Israel as the “State of Israel” as per the Declaration of the Establishment of “the State of Israel”

de jure and de facto recognition are recognitions of the legal status of States and/or Governments. Governments administer the State. Governments can change.

It is not within the mandate of the UN to recognize states. Already recognized states are admitted to the UN after they have been recommended by the UNSC, they must have been recognized as states before they can be recommended by the UNSC.

Recognition of statehood is not mandatory. ” ..in the view of the United States, International Law does not require a state to recognize another state; it is a matter for the judgment of each state whether an entity merits recognition as a state. In reaching this judgment, the United States has traditionally looked of the establishment of certain facts. The United States has also taken into account whether the entity in question has attracted the recognition of the International community of states.” There are numerous UN Member states who do not recognize other UN Member States.

What is required of states is the respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every State and their right to live in peace within secure and recognized boundaries free from threats or acts of force. This is reflected in UNSC res 242

Territories:
Sovereign Territories belong to Independent Sovereign States, regardless of which Government is in power. A sovereign has complete control over all it’s territories and what happens within them, regardless of which Government is in power.

Non-Sovereign States, States and non-state entities also have territories. They are not there just for the taking.
A state entity might have full control of it’s territories and still not declare itself an independent sovereignty.
A state might also only partially control it’s territories, in which case, it cannot declare independent sovereignty.

( See why Palestine has never declared itself an independent sovereignty)
The difference between state and non-state is: a state has declared itself to be a state. There is no obligation for any entity to declare either statehood or independent sovereignty. It is a matter of self determination. Unilateral by nature. Independence means not being under the control of any other entity, person or power.

‘real estate’ is not ‘territory’: Real estate is bought and sold by private individuals, businesses, corporations, institutions. ‘Territory’ is the stuff of States and entities. ‘Real estate’ is irrelevant to the status of the ownership of the ‘territories’ of states/non-states/sovereign-states, entities. A person who rents or even a landless bum, living under a bridge, is an equal part of a state or entity. Territories of an entity belong to all the citizens of the entity. Annexation is of territory and its citizens.

Recognition:
For there to be International recognition of an independent sovereign State, the boundaries of the sovereign state must be defined in order to know exactly the extent of the territory being claimed as sovereign. Israel’s boundaries were defined when the Jewish People’s Council accepted and declared sovereignty per UNGA res 181, in order to be recognized as an Independent Sovereign State. The Israeli Government confirmed it’s declared boundaries in statements to the UNSC on May 22nd 1948 and June 15th 1949

UNGA res 181:
The resolution set out conditions under which either party could declare independent sovereignty, if they wished. No one can demand an entity declare independence. It did not require the two parties to co-sign. This would have been against the notions of self determination. On the 14th of May 1948 the Provisional Government of Israel proclaimed the Declaration of the Establishment of the State of Israel to the International Community of Nations.

Although UNGA Res 181 was a non-binding resolution, UN/UNSC resolutions remind parties of laws, the UN charter etc that are binding. A Declaration of Sovereignty IS binding. It is a statement to the International Community of Nations, signifying the intention of the party declaring. Israel implemented it’s part of UNGA resolution 181. UNGA Res 181 is STILL enshrined in the Declaration of a Jewish State.

The UN did not implement the corpus separatum, Jerusalem remained a part of Palestine

The Arab League refused to recognize UNGA Res 181 on legal grounds. Not because of hatred towards Jews.

The Palestinians COULD NOT declare on 15 May 1948, because Jewish forces under Plan Dalet, were already in control of territories slated for the new Arab State by the time the British Mandate ended, midnight 14th May 1948

Recognition – de facto or de jure?: (de facto – facts on the ground) – (de jure – in law).
A State must exist before a State Government can be instituted. The territories must be defined in order for other Nations to know the extent of the Sovereignty being declared and the declaring entity must have full control over those territories. (Independence)

Link to this section
Statements made by the Jewish Agency to the UN/UNSC prior to recognition in respect to UNGA res 181 made it quite clear The Jewish Agency was going to abide by UNGA res 181. Recognitions were based on the notion that Israel accepted UNGA res 181 and the Israeli Government’s pleas for recognition to states.

The Montevideo Convention on the Rights and Duties of States (entered into force on December 26, 1934), which required ” b ) a defined territory;” All those signatories would have required the same lest they breached the convention by recognizing a state without a defined territory.

Examples of recognition :
USA 15 May 1948 “… as an independent republic within frontiers approved by the General Assembly of the United Nations in its Resolution of November 29, 1947…”

Russia 17 May 1948
Letter from Mr. Molotov stated: “Confirming receipt of your telegram of May 16, in which you inform the Government of the USSR of the proclamation, on the basis of the resolution of the United Nations Assembly of November 29, 1947, of the creation in Palestine of the independent State of Israel and make re-quest for the recognition of the State of Israel and its provisional government by the USSR. I inform yon in this letter that the Govern-ment of the USSR has decided to recognize officially the Stale of Israel and its Provisional Government.”

British 27 April 1950 The British Foreign Office issued a statement on May 17 to the effect that Great Britain would not recognize Israel for the time being because it had not fulfilled the “basic criteria” of an independent state. The British waited until a political party was elected to Govern the State of Israel, then granted de jure recognition, with conditions. The territories Israel had acquired by war, outside of it’s declared Sovereign Boundaries, were considered to be ‘occupied’. I.e., NOT Israeli Sovereign territory.
“His Majesty’s Government have also decided to accord de jure recognition to the State of Israel, subject to explanations on two points corresponding to those described above in regard to the case of Jordan. These points are as follows. First, that His Majesty’s Government are unable to recognise the sovereignty of Israel over that part of Jerusalem which she occupies, though, pending a final determination of the status of the area, they recognise that Israel exercises de facto authority in it. Secondly, that His Majesty’s Government cannot regard the present boundaries between Israel, and Egypt, Jordan, Syria and the Lebanon as constituting the definitive frontiers of Israel, as these boundaries were laid down in the Armistice Agreements concluded severally between Israel and each of these States, and are subject to any modifications which may be agreed upon under the terms of those Agreements, or of any final settlements which may replace them.” Thus far nothing has replaced them.

Australia 28 January 1949 “… on the basis of the resolution of the United Nations Assembly of November 29, 1947…”

New Zealand 29 January 1949 “It is the understanding of the New Zealand Government that the settlement of boundaries and other outstanding questions will be effected in accordance with the resolution of the General Assembly of the United Nations of 11 December 1948.”

Israel has never legally annexed any territory. Unilateral annexation is not legal. It must be under a treaty or agreement via a referendum and; “territories occupied” and never withdrawn from or legally annexed, are still ‘occupied’.

December 13, 2009

Israel was attacked by five Arab States in 1948. What actual Sovereign Israeli territory did they attack?


…It’s actually quite simple. If it isn’t the “acknowledged” Sovereign Territory of Lebanon, Syria, Jordan, Egypt or Israel,
it’s a territory of Palestine…

ShortLink http://wp.me/pDB7k-ki ( Revision 27th Dec 2009 – additional material )

Since childhood I was told that five Arab States invaded Israel immediately after Israel Declared Independence. That was good enough for me. How dare they. Then someone posed the question: “Which Sovereign Israeli territories were attacked and which UNSC resolution condemned the alleged Arab League invasion of Israel?”

What? That’s a ridiculous question. Of course they did. Israel was fighting for it’s life. We’ll have none of this nonsense. So in order to substantiate my beliefs, I began looking through UNSC resolutions for something condemning the Arab League Declaration on the Invasion of Palestine. In those days, it was books and the public library. A tedious business. Today the information is at our fingertips.

Here I’ve used the United Nations, Yale Law repository OnLine at http://avalon.law.yale.edu/20th_century/scres049.asp, the Truman Library, Jstor, the Jewish Virtual Library and the Israeli Government website, Hansard. There is only primary source information, no citations from the likes of Ilan Pappé, Benni Morris. In fact I’ve never read anything they’ve written.

Rather than find what I was looking for, a UNSC condemnation of the Arab League Declaration on the Invasion of Palestine or confirmation that the Arab League had attacked Sovereign Israeli territory, I began to notice the UNSC resolutions seemed rather at odds with what I’d been told. The more I looked the more apparent it became that something was amiss in the rhetoric I’d been led to believe. Even the Arab League Declaration contradicted what I’d been told.

Link to this section

There was the story that Israel had no defined borders. Yet the Montevideo Convention on the Rights and Duties of States (entered into force on December 26, 1934), which required ” b ) a defined territory;” All those signatories would have required the same lest they breached the convention by recognizing a state without a defined territory.

The first item listed at the Yale Law repository, after Israel’s Declaration of the Establishment of the State of Israel , is the letter from the Agent of the Provisional Government of Israel to the President of the United States, May 15th 1948, informing him of the Declaration and on which the US based it’s recognition of Israel as an Independent Sovereign State.

In particular, it says “..the state of Israel has been proclaimed as an independent republic within frontiers approved by the General Assembly of the United Nations in its Resolution of November 29, 1947, and that a provisional government has been charged to assume the rights and duties of government for preserving law and order within the boundaries of Israel, for defending the state against external aggression, and for discharging the obligations of Israel to the other nations of the world in accordance with international law. “

Russia 17 May 1948 Letter from Mr. Molotov stated: “Confirming receipt of your telegram of May 16, in which you inform the Government of the USSR of the proclamation, on the basis of the resolution of the United Nations Assembly of November 29,1!>47, of the creation in Palestine of the independent State of Israel and make re-quest for the recognition of the State of Israel and its provisional government by the USSR. I inform yon in this letter that the Govern-ment of the USSR has decided to recognize officially the Stale of Israel and its Provisional Government.”

Australia 28 January 1949 “… on the basis of the resolution of the United Nations Assembly of November 29, 1947…”

New Zealand 29 January 1949 “It is the understanding of the New Zealand Government that the settlement of boundaries and other outstanding questions will be effected in accordance with the resolution of the General Assembly of the United Nations of 11 December 1948.”

All quite at odds with the notion that Israel had never defined it’s boundaries with Palestine in 1948 and the notion that UNGA resolution was irrelevant because the Arabs had rejected it. The first of the fallacies had fallen.

Link to this section

Next step was recognition. Was Israel given de jure recognition or de facto recognition? Here I went through a maze only to discover the British record shows recognition of Sovereignty (state) is different from the recognition of Government (the authority in power).

Hansard 27 April 1950 His Majesty’s Government have also decided to accord de jure recognition to the State of Israel, subject to explanations on two points corresponding to those described above in regard to the case of Jordan. These points are as follows. First, that His Majesty’s Government are unable to recognise the sovereignty of Israel over that part of Jerusalem which she occupies, though, pending a final determination of the status of the area, they recognise that Israel exercises de facto authority in it. Secondly, that His Majesty’s Government cannot regard the present boundaries between Israel, and Egypt, Jordan, Syria and the Lebanon as constituting the definitive frontiers of Israel, as these boundaries were laid down in the Armistice Agreements concluded severally between Israel and each of these States, and are subject to any modifications which may be agreed upon under the terms of those Agreements, or of any final settlements which may replace them.

In announcing these two acts of recognition, His Majesty’s Government wish to reaffirm their conviction that the problem of Palestine is capable of solution by peaceful means, given good will and understanding on the part of all the parties concerned. It is their earnest hope that the steps they have now taken will help to create stability in the areas concerned, and will, therefore, make a contribution towards the peace of the Middle East as a whole. “

The British recognized Israel’s sovereignty over territories is bound by it’s Declaration of Sovereignty, not ‘facts on the ground’. Sovereignty is in law, of the state. The state in law is de jure, regardless of whether the Government in authority is provisional, de facto, or elected, de jure.

The Provisional Government was given de facto recognition by the USA. The Elected Government was subsequently given de jure recognition.

The USSR gave de jure recognition of the authority of the Provisional Government. Israel’s provisional Government was de facto, with authority to elect a Government to the state, which would, in law become de jure when a Government was elected. The USSR gave de jure recognition to this provisional authority.

Israel was a Sovereignty, (the State) recognized de jure, the provisional Government recognized de facto, the elected Government eventually recognized de jure and the British made it clear that Israel did not have Sovereignty over the territories it had captured by war by 1949. They were “occupied”.

Furthermore rather than Jordan’s control over the West Bank (Judea and Samaria) being illegal as I’d been led to believe, A) Jordan and Israel signed an Armistice Agreement, whereby Israel AGREED to Jordanian occupation. B) There is no UNSC resolution condemning 1) Jordan’s occupation, as a regional power, protecting the territories of Palestine OR 2) It’s temporary annexation as a trustee was requested by the Palestinians and was demanded by the Arab League, in accordance with the UN Charter covering regional powers and the notion of being a trustee. The Arab League was in accordance with legal procedure.

The refutation of the first fallacy confirmed and three more shredded, in one fell swoop. My interest was well kindled and ablaze by now, fueled in part by a hard to reconcile, indoctrinated partisan dis-belief and in part by an equally non-partisan and unbridled inquisitiveness.

Link to this section

If the Arab League had launched a war of aggression on Israel’s newly Declared Sovereign Boundaries, there would be the customary UNSC resolution condemning it. Right? See UNSC Resolution 660 on the invasion of Kuwait for an example.

The first UNSC resolution after the 14th May 1948, UNSC Resolution 49; May 22, 1948, asks all parties for a ceasefire. In UNSC resolution after resolution none bears a condemnation of the Arab States Declaration. What was going on? Was it a war of aggression or not? Were the Arab League actions legitimate? Legal?

What makes a war ‘legal’? Bouvier’s Law Dictionary tells us 6. To legalize a war it must be declared by that branch of the government entrusted by the constitution with this power. The Governments of the Arab League States did so. Informing the UNSC on 15th May 1948 . This of course does not tell us if it was a war of aggression. For that, we must look to a UNSC resolution, because all wars of aggression, even if declared, are illegal and customarily condemned by the UNSC.

The first thing that struck me, was all the UNSC resolutions on the War of Independence, say “in Palestine”. Surely the UNSC knew that as of the 15th May 1948 Israel, as an Independent Sovereign State, was no longer a part of the of Palestine. They’d also be aware that the boundaries of what remained of the Palestine after Israel declared, were defined by default by Israel’s declared boundaries and those of the neighbouring Arab states. Did the UN simply forget it was Israel who was invaded? Or is Israel the Sovereign state, in the non-state entity of Palestine?

The fact is, the UNSC was aware, as was the Israeli Government, who confirmed with the UNSC the extent of Israeli Sovereignty on May 22nd 1948 and on June 15th 1949


Link to this section http://wp.me/pDB7k-ki#armistice-agreements

So what actual sovereign Israeli territories were attacked? The armistice agreements should tell us.

The first article in the Egypt/Israel General Armistice Agreement also says ‘in Palestine’. Article 1 – “With a view to promoting the return to permanent peace in Palestine

Withdrawal is first mentioned where it tells us Egyptian forces are required to withdraw from Al Faluja (Al Fallujah), which was NOT a part of the Declared Israeli Sovereign territories. (load the Google Earth overlay, then type ‘ Al Faluja Israel ‘ into the search box) It was, according to the Israeli Government, outside of Israel, occupied.

The agreement goes on in Article V to say:
1. The line described in Article VI of this Agreement shall be designated as the Armistice Demarcation Line and is delineated in pursuance of the purpose and intent of the resolutions of the Security Council of 4 and 16 November 1948.
2. The Armistice Demarcation Line is not to be construed in any sense as a political or territorial boundary, and is delineated without prejudice to rights, claims and positions of either Party to the Armistice as regards ultimate settlement of the Palestine question.
3. The basic purpose of the Armistice Demarcation Line is to delineate the line beyond which the armed forces of the respective Parties shall not move except as provided in Article III of this Agreement.
4. Rules and regulations of the armed forces of the Parties, which prohibit civilians from crossing the fighting lines or entering the area between the lines, shall remain in effect after the signing of this Agreement with application to the Armistice Demarcation Line defined in Article VI.

The Lebanon/Israel General Armistice Agreement Tells a similar story. “in Palestine”. Same “not to be construed in any sense as a political or territorial boundary”. Same “…prohibit civilians from crossing the fighting lines or entering the area between the lines, shall remain in effect after the signing of this Agreement..” It also tells us in Article V – 1. The Armistice Demarcation Line shall follow the international boundary between the Lebanon and Palestine.

It does NOT say ‘shall follow the international boundary between Lebanon and Israel’!!!

The Jordan/Israeli General Armistice Agreement Similar again “in Palestine”. Same “not to be construed in any sense as a political or territorial boundary”. Same “…prohibit civilians from crossing the fighting lines or entering the area between the lines, shall remain in effect after the signing of this Agreement..”

Being an agreement, Israel agrees to Jordan occupying the West Bank! Another piece of information at odds with the rhetoric claiming Jordan’s occupation was illegal AND showing it was by AGREEMENT that Israelis, Jewish or non-Jewish, not enter the area.

It also says in Article VI – 6. “Wherever villages may be affected by the establishment of the Armistice Demarcation Line provided for in paragraph 2 of this article, the inhabitants of such villages shall be entitled to maintain, and shall be protected in, their full rights of residence, property and freedom. In the event any of the inhabitants should decide to leave their villages, they shall be entitled to take with them their livestock and other movable property, and to receive without delay full compensation for the land which they have left. It shall be prohibited for Israeli forces to enter or to be stationed in such villages, in which locally recruited Arab police shall be organized and stationed for internal security purposes.

Israel AGREED that if people left voluntarily, they should be compensated.

Syrian/Israeli General Armistice Agreement Same, “in Palestine”. Same “not to be construed in any sense as a political or territorial boundary”. Same “…prohibit civilians from crossing the fighting lines or entering the area between the lines, shall remain in effect after the signing of this Agreement..” It also adds, in Article V: “1. It is emphasized that the following arrangements for the Armistice Demarcation Line between the Israeli and Syrian armed forces and for the Demilitarized Zone are not to be interpreted as having any relation whatsoever to ultimate territorial arrangements affecting the two Parties to this Agreement.”

The two parties being Syria and Israel. Not Israel and Palestine. It also tells us the Armistice line is between ‘forces’, not ‘countries’.

Further to Article V: “5. (a) Where the Armistice Demarcation Line does not correspond to the international boundary between Syria and Palestine, the area between the Armistice Demarcation Line and the boundary, pending final territorial settlement between the Parties, shall be established as a Demilitarized Zone from which the armed forces of both Parties shall be totally excluded, and in which no activities by military or para-military forces shall be permitted.”

As with Lebanon, it is telling us that in places, Syria borders Palestine. At the time of the armistice, Israel was a Sovereign Country, no longer a part of what was left of Palestine.

In all the UNSC resolutions and all the Armistice Agreements, nowhere is there anything about any Sovereign Israeli territory being attacked. No where are any Sovereign territories of Israel required to be withdrawn from. They all tell us Israeli forces were “in Palestine”. None mention the Palestine as being a part of the ‘final territorial settlement’. The UNSC Resolutions are between existing sovereign ‘states’.

You won’t find UNSC condemnation on the Arab League invasion of Palestine, simply because there is none. The Arab League States were UN Members and High Contracting Regional Powers and the British Mandate over Palestine had ended. Under the UN Charter Article 52 it was their right and as representatives of Palestine at the time, their duty to protect it from the aggression the Sovereign state of Israel had inherited from Plan Dalet, from the moment Israel declared. What had been a civil war, became a war waged by a state on Palestine.

So where did the armistice agreements leave the territories of Palestine that Israel controlled? Were they Israel’s to do as it wished? Were they automatically Israeli? Or occupied? What was their status?

Based on the Israeli Government’s statements of the 22nd May 1948 and 15th June 1949, the Laws of War tell us they were occupied. The British considered them occupied. Although Israel didn’t ratify the Geneva Conventions until July 1951, after it became a UN Member State May 11, 1949. At the time of the armistice agreements, Israel was not obliged to the Geneva Conventions. It was however through it’s Declaration of the Establishment of the State of Israel obliged to the UN Charter and subsequent notification, obliged to discharge “.. the obligations of Israel to the other nations of the world in accordance with international law”

International Law tells us that in order for a Sovereignty to acquire territories, it must legally annex them under an agreement or treaty. Now If I could just find the annexation document………… Perhaps there was something in regard to their status in the correspondence to the Conciliation Commission, prior to Israel’s acceptance into the UN.

Link to this section
A letter of the 31 August 1949, addressed to the Chairman of the Conciliation Commission by Mr. Reuven Shiloah, Head of the Delegation of Israel.
“3. With regard to the territorial adjustments of which the Commission treats in Chapter II of it’s memorandum, the Delegation of Israel considers that in addition to the territory indicated on the working document annexed to the Protocol of May 12, all other areas falling within the control and jurisdiction of Israel under the terms of the armistice agreements concluded by Israel with Egypt, the Lebanon, the Hashemite Jordan Kingdom and Syria should be formally recognized as Israeli territory. The adjustment of the frontiers so created will be subject to negotiation and agreement between Israel and the Arab Government in each case concerned”

There we have Israel’s intention is to acquire all of Palestine and an admission that at that point in time the territories of Palestine were not yet actual Israeli territory. There goes the argument that Israel has never wanted all of Palestine and the twaddle that they were Israel’s because it won the war.

The reply dated 3 September 1949 addressed to Mr. Reuven Shiloah, Head of the Delegation of Israel, by the Chairman of the Conciliation Commission, Emphatically dismisses the notion. referring Israel back to the armistice agreements. “2. The Armistice Demarcation Line is not to be construed in any sense as a political or territorial boundary, and is delineated without prejudice to rights, claims and positions of either Party to the Armistice as regards ultimate settlement of the Palestine question”

Now If I could just find the annexation document…………

What began as a search for something to substantiate my long held and firmly entrenched beliefs, had only shown their deep flaws.

All the UNSC resolutions tell us peace is sought “in Palestine“. They also tell us that the “question of Palestine” needs to be resolved. Not peace ‘in Israel’. Not the ‘Israel/Palestine question’. Not peace ‘in Israel and Palestine’. Why?

The ‘Israel question’ was resolved on the 14th May 1948, when the Jewish People’s Council Declared a Sovereign Jewish State within the frontiers of UNGA res 181 and Israel was recognized as such by the International Community of states. There is no question over it’s Sovereignty, it’s boundaries or it’s existence as a state.

The wars have been in Palestine, not Israel. The “territories occupied” have been in Palestine, not Israel.

The harder I look, the more the fallacies fall.

Link to this section
The Arab Declaration on the Invasion of Palestine, contradicts the notion that the Arab League was bent on a genocidal attack, threatening to drive all Jews into the sea. To be sure they were against Israel’s existence, based on legal grounds, but their Declaration on the Invasion of Palestine says: “The Governments of the Arab States emphasise, on this occasion, what they have already declared before the London Conference and the United Nations, that the only solution of the Palestine problem is the establishment of a unitary Palestinian State, in accordance with democratic principles, whereby its inhabitants will enjoy complete equality before the law, [and whereby] minorities will be assured of all the guarantees recognised in democratic constitutional countries, and [whereby] the holy places will be preserved and the right of access thereto guaranteed.

Democracy!! Equal rights!! How dare they! Nowhere did the Declaration on the Invasion of Palestine threaten Israel or threaten to actually institute the legal basis of their argument. It merely stated the legal case as a basis for protecting their ward as regional powers per the UN Charter. Israel was no longer a part of Palestine on the 15th May 1949. The Declaration on the Invasion of Palestine was given to the UNSC, making the war a legally declared defensive war. Which is why there is no UNSC resolution condemning it.

Meanwhile Israel continues to this day to take more and more territory. Ignore more and more UNSC resolutions. The “Palestine question” is when will they stop and what can be done about it!

November 17, 2009

Simple logic tells us Jerusalem is Palestinian. It’s in Palestine.


…It’s actually quite simple. If it isn’t the “acknowledged” Sovereign Territory of Lebanon, Syria, Jordan, Egypt or Israel, then it’s a part of Palestine…

shortlink http://wp.me/pDB7k-il

UNSC res 476 tell us it “1. Reaffirms the overriding necessity to end the prolonged occupation of Arab territories occupied by Israel since 1967, including Jerusalem;”

corpus separatum has never been instituted. Jerusalem was never legally separated from what remained of Palestine after Israel declared its independence from Palestine.

FACT – Israel has defined boundaries between itself and Palestine: The Jewish Peoples Council accepted the borders outlined in UNGA res 181 and was recognized by the majority of the International Community of States, over riding the Arab States objections. The Israeli Govt will not inform you of this and other essential facts.

Israel has never legally annexed any territory outside it’s declared sovereign boundaries.

FACT – the entity of Palestine DID exist: At the fall of the Ottoman Empire, there was an entity called Palestine, it was administered by the British under the Mandate for Palestine. (occupation as a trustee). The currency was Palestinian. The postage stamps were Palestinian. The citizens of Palestine were all Palestinians. They had Palestine marked on their passports and papers. Even Jewish folk were Palestinians.

FACT – the entity of Palestine still exists: When TransJordan finally gained independence from Palestine in 1946, what remained of Palestine was still called Palestine. The name of Palestine was not changed, the area that became Jordan was renamed and now its citizens are all Jordanian. The folk who live in what remained of Palestine were Palestinians.

FACT – From 1946 till 1948 : the Palestinians, including Jewish folk, lived in the somewhat smaller, entity of Palestine that remained, still administered by the British under the Mandate for Palestine. BTW It is clearly a fallacy to say the Palestinians have a state in Jordan. At the time only the Palestinians living in the particular area that became TransJordan had a right to become Jordanian citizens. The Palestinians who did not live in that particular area, did not.

FACT – From 1946 to May 14th 1948 : even Jewish folk living in what remained of Palestine were still Palestinians. Jerusalem was in Palestine.

In 1947 the United Nations voted to present a set of conditions under which Palestine might be further subdivided, giving the Jewish Agency and the Arab States an opportunity, if they wished, to declare Sovereignty over borders recommended in Resolution 181.

UNGA resolution 181 was non-binding. There was no requirement for co-signing. It was after all, about Sovereign Independence. Neither party was obliged to accept it or declare sovereign independence over their apportioned lot. The conditions it contained were according to the law in respect to Declaring Sovereignty. Although UNGA resolutions are not binding, they often refer to Laws (all law is binding), Conventions, the UN Charter (all the UN Charter is binding) and UNSC resolutions which ARE binding. Never the less, the Jewish Agency considered it as binding.

The Laws surrounding a Declaration of Sovereignty and recognition by the majority of the International Community of States is binding. Sovereignty is irrevocable. Israel’s acceptance of the borders UNGA Resolution 181 detailed, was binding by virtue of the Declaration of a Jewish State within them and by the International recognition of Israel within those boundaries. Much like the recommended retail price of goods is not binding, until the purchaser signs the contract and when one buys goods, one signs a contract with the vendor, not with another buyer. The contract in this instance wasn’t with the Arab States, other wise they’d have to have signed simultaneously, nor was it with the UN. It was a unilateral undertaking on behalf of the world’s Jewish population to the ” comity of nations”

UNGA Res 181 was acknowledged by the Jewish Peoples Council and enshrined in the Declaration of the Establishment of the State of Israel and reiterated in the notification of Declaration to the International Community of Nations.. // Letter From the Agent of the Provisional Government of Israel to the President of the United States, May 15, 1948 “MY DEAR MR. PRESIDENT: I have the honor to notify you that the state of Israel has been proclaimed as an independent republic within frontiers approved by the General Assembly of the United Nations in its Resolution of November 29, 1947, and that a provisional government has been charged to assume the rights and duties of government for preserving law and order within the boundaries of Israel, for defending the state against external aggression, and for discharging the obligations of Israel to the other nations of the world in accordance with international law. The Act of Independence will become effective at one minute after six o’clock on the evening of 14 May 1948, Washington time.” //

Shabtai Rosen, (rip) Professor of international law at Bar Ilan University “(a) Shortly after the signing of the Israel-Egyptian agreement, early in March. 1949, Israeli forces advanced south to the littoral into the area allocated to the Jewish State: in General Assembly resolution l8l (II) of 29 November 1947

On Israel accepting the conditions and Declaring Sovereignty over the borders outlined by UNGA resolution 181 in order to become a Sovereign State, what remained of Palestine, was an even smaller entity of Palestine. Still called Palestine.

Having informed the International Community of States of the Jewish Peoples Council Declaration of Sovereign Independence (see letter) and having been recognized by the majority of the International Community of States based on the information the Provisional Government issued, Israel was no longer a part of Palestine. Israel’s Sovereign territory was set, it’s borders defined and by default, also it’s borders with the ever shrinking, Palestine.

Link to this section
The UN has never executed it’s part of UNGA res 181 in respect to Jerusalem becoming a neutral entity. Nor was it obliged to as UNGA res 181 was not binding. By the Jewish People’s Council’s own pen, Israel had no Sovereignty over Jerusalem. It was and is not now Israeli territory. It’s status, like the rest of Palestine’s territories, has not legally changed in over 2,000 years. Far longer than the Jewish Kingdom existed. Jerusalem was and still is, legally a part of Palestine.

In declaring Sovereignty, Israel obliged itself of the legal obligations of Sovereignty. As a UN Member State it is also obliged to the UN Charter, resolutions and conventions it has ratified. In respect to Jerusalem, Israel’s annexation of East Jerusalem was declared illegal by the UNSC. Legal annexation can only be through a treaty or by agreement, such as Jordan’s annexation of the West Bank as a trustee, asked for by and in agreement with the Palestinians.

It is often argued that the Palestinians could have also declared a state on the termination of the British Mandate over Palestine in May 1948. However, in order to declare Sovereignty, an entity must have full control over all it’s territories. The Palestinians were denied the privilege. By May 14th 1948, under Plan Dalet, the Jewish Agency was already in control of territories allocated for the new Arab State, making it impossible for the Palestinians to declare sovereignty, even if they wanted to. IN FULL

Israel is in breech of some 223 UNSC resolution, most of which are only reminders of previously unheeded resolutions. The US veto vote on the UNSC has only prevented action being taken against Israel for it’s gross violations of International Law. The Laws and Israel’s violations still stand.

The Palestinians only ask for their rights under the Laws, UN Charter and relative conventions Israel obliged itself to uphold. That these Laws, the Charter and Conventions were written in large part because of what happened to Jewish folk under the Nazi regime and the Jewish State sees fit to ignore and circumvent them, should ring alarm bells

October 19, 2009

Lying for Israel since 1948. The BIGGEST LIE!


Shortlink http://wp.me/pDB7k-gm



THE BIGGEST LIE!
UNGA res 181 is irrelevant, Israel’s borders have never been defined

Letter From the Agent of the Provisional Government of Israel to the President of the United States, May 15, 1948
“MY DEAR MR. PRESIDENT: I have the honor to notify you that the state of Israel has been proclaimed as an independent republic within frontiers approved by the General Assembly of the United Nations in its Resolution of November 29, 1947, and that a provisional government has been charged to assume the rights and duties of government for preserving law and order within the boundaries of Israel, for defending the state against external aggression, and for discharging the obligations of Israel to the other nations of the world in accordance with international law. The Act of Independence will become effective at one minute after six o’clock on the evening of 14 May 1948, Washington time.”

Also bear this in mind. Israel has never legally annexed any territory outside it’s Declared Sovereign borders. Ever!

How many people on the planet believe the fallacy?
Prime Ministers, Senators, Presidents, politicians, civilians
and worst of all ISRAELI CITIZENS!!

Israeli citizens who have been led to believe they are living in Israel.
Israeli citizens in Ashkelon, Beer Sheeba.
Israeli citizens in a big chunk of territory bordering Lebanon.
Israeli citizens whose lives have been sacrificed for the Zionist dream of a Greater Israel.

How much longer can the world allow this fallacy to pollute the issue?
How much longer can the International Community turn a blind eye to this deceit?
How much longer will honest Israeli citizens allow themselves to be used by a corrupt, cabal of people who are willing break the very basic tenets of Judaism?

Enough is enough already!
Jewish folk were given, completely gratis**, a big chunk of land for a Sovereign homeland. Enough territory for every Jewish person on the planet today.
The extent of Israel’s Sovereignty had been declared & confirmed by the Israeli Government with the UNSC on May 22nd 1948 admitting to having territories “outside of Israel” It was further confirmed with the UNSC by the Israeli Government on June the 15th 1949
Instead of being grateful, Israel has taken more and more and more.
Illegally ‘acquired’ by war, illegally acquired through illegal annexation.
Illegally acquired through illegal settlements in “territories occupied” NOT belonging to Israel!
ILLEGALLY sold to those who are either complicit, or ignorant of what has and is still being done in the name of all the world’s Jewish population.

** ‘real estate’ is not territory.
The US paid Mexico for their territories.
How much did Israel pay?

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