First, find out what isn't true…

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, specifically the Armistice Demarcation Line is not to “be construed in any sense as a political or territorial boundary”.

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
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