then it’s a territory of Palestine…
How many times have you heard the saying, “The Palestinians never miss an opportunity to miss an opportunity”? The truth is … it’s just another fallacy. In its history since and including the Roman era all or part of Palestine has been under the control of some entity or another. For some 2,000 years or so Palestine has never had full control of all it’s territories.
But this little article is not about the Palestinians and it’s not an argument for a one or two state solution or for the dismantling of the State of Israel. Israel exists, so be it. It has a right to protect it’s actual territories and it’s citizens in accordance with the UN Charter, the Laws of War and the various conventions. Rather, it is a look at what transpired in order to reveal who or what, prevents the Jewish people from legally settling in their historic homeland in Palestine today.
ONCE UPON A TIME, from the fall of the Roman Empire until about 1922, there was an opportunity for Jewish folk to settle anywhere in Palestine, without being illegal settlers. Why did so many Jews NOT take advantage if, as we’re led to believe by the Zionist colonizers, it was such a burning desire. They didn’t. They missed that opportunity. Herzl in his life time could have gone to Palestine, gained legitimate citizenship, bought real estate and settled anywhere in the Jewish People’s Historical homeland. He didn’t. Nor did his family.
The next opportunity was recognized by the British via the Balfour Declaration. A Jewish homeland, in Palestine. As Palestinians (at the time Jewish folk in Palestine were also Palestinians). All citizens would have been under Palestinian Law, which would have guaranteed equality, freedom of religion, democracy. (missed opportunity)
The opportunity was there under the British Mandate over Palestine It even offered an opportunity of assistance similar (perhaps even less restrictive than the arguments being bandied about today) to Israel’s current Law of Return. Article 7 The Administration of Palestine shall be responsible for enacting a nationality law. There shall be included in this law provisions framed so as to facilitate the acquisition of Palestinian citizenship by Jews who take up their permanent residence in Palestine. (missed opportunity)
The opportunity was there in the British White papers in 1922 (missed opportunity)
The opportunity was re-iterated in the British White papers in 1939 (missed opportunity)
Was it the Palestinians who took this right away? No. In fact, they had no say and were being represented by the Arab States who said when outlining their legal case for the 1948 Invasion of Palestine, “.. 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.” Almost identical to the missed opportunity offered in the Balfour Declaration, the missed opportunity in the British Mandate over Palestine, the missed opportunity in the White papers, per the League of Nations Charter and later the UN Charter. It was their argument from the outset for all Palestinians, Jewish and non-Jewish, to determine their own fate and to have the opportunity to decide where they would settle in Palestine.
The opportunity was missed by the Zionists at EVERY opportunity!. The dunce’s cap is a Kippa!
In the situation as it stands today, Israeli Law in force since independence, absolutely forbids residents and citizens to leave Israel for any country designated by law as an enemy state or hostile entity. Israeli civilian settlements, Israeli civilian infrastructure and Israeli civilians in non-annexed territories, in territories illegally annexed by Israel and in “territory occupied” and not withdrawn from (i.e., still occupied) , all run contrary to International Law and the Geneva Conventions. They are ILLEGAL!
Israeli Jews (and non-Jews) are restricted under International Law and the Geneva Conventions, to only being able to legally settle in actual Israeli territory.
‘What about the Jews who were dispossessed in the Arab States?’ Most of the Arab States were never a part of the Jewish homeland in Palestine and the restriction on Jews living in TransJordan was imposed by the British BEFORE TransJordan achieved complete independence.
‘What about Jewish folk dispossessed from ‘Judea & Samaria’ under TransJordan?’ Unfortunate, but it happened as A) a reaction to Israel dispossessing hundreds of thousands of non-Jewish Palestinians, AFTER Israel became an Independent Sovereign State. and B) there was a WAR going on. Folk who’re likely to side with an entity’s enemies are expelled or interred. The US did it. The UK did it. Australia did it. Israeli Law in force since independence, absolutely forbids residents and citizens to leave Israel for any country designated by law as an enemy state or hostile entity.
So, who ‘never missed an opportunity to miss an opportunity’? Why other than the demand for a separate Jewish State, are the Jewish people deprived of the right to legally settle in all of their historic homeland in Palestine today?
The Palestinians have been under the control or occupation of one entity or another since the Roman era and before. In the entire history of Palestine, there has never been an opportunity they might have been able to declare Independence.
Instead of Israel’s founders demanding the right to a Jewish homeland in Palestine, as equals, they demanded a separate Jewish State. It has resulted in some 50% of the Palestinian’s rightful territory being wiped off their map. Illegally acquired by war. Illegally annexed. Illegally built on and illegally sold, to illegal Israeli settlers.
Now that Israel exists as a separate Sovereign State, the ONLY way Jewish folk will ever have the right to legally settle in their historic homeland anywhere in Palestine, will be for Israel to end occupation, withdraw to it’s actual borders. Allow the Palestinians their independence in their rightful territories, whereby they can develop a constitution granting, if they desire, Jewish folk that right. The only thing making it illegal today, is the current Government of the Jewish State. The only thing stopping the possibility of it happening in the future, are the Jewish State’s illegal activities today. Missing opportunity after opportunity!