Israel’s Legal Right To The Land

A Brief History

Leslie-Ann Stoffel

Guest Op-Ed

11 August '10

We’re all aware of G-d’s biblical covenant with Israel but what isn’t so well known is the legal right that they have to the land. After WWI the allied countries began to divide the conquered Ottoman Empire. The British decided to endorse the establishment of a Jewish homeland in Palestine. Palestine was the name given to the former land of Israel by the Romans. It was meant to destroy any Jewish presence in the land. Additionally, the use of the name was meant to humiliate the Jews further by associating the land with the Philistines, Israel’s ancient nemesis. Although the Philistines died out a many, many years before, Arafat cleverly adopted the name Palestinian, even though there is no P in the Arabic alphabet and therefore not pronounceable in their language. Arafat’s goal in taking this name was to identify with the land of Palestine therefore stealing the ancient Jewish identity from their homeland. In fact, until it became politically expedient for them, the “Palestinian’s” of today were loathe to be called Palestinian. They preferred to be called Southern Syrian’s and the Jews of the area were referred to as the Palestinian’s. There has never in history been a country or state called Palestine only a territory that has been conquered and re-conquered by various armies and entities over the centuries. The last entity to have domain over Palestine, after the Ottoman Empire, was The British Empire. That’s why the Balfour Declaration, from 1917 by Arthur James Balfour, and why subsequent Declaration’s and Ratification’s that build on this document, are so vitally important to Israel’s legal right to their land.

Related Youtube: The Importance of the San Remo Conference

Israel’s Legal Right To The Land Under International Law: The Balfour Declaration and the San Remo Resolution

The Balfour Declaration: “His Majesty views with favor the establishment the establishment in Palestine of a National home for the Jewish people, and will use their best endeavors to facilitate the achievement of this objective, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine or the rights and political status enjoyed by Jews in any country.” This laid the foundation for the San Remo Conference that took place in Italy in 1920 with the League of Nations at the time, Britain, Italy and Francewith representatives from Japan, Greece and Belgium. The Balfour Declaration, The Magna Carta of the Jewish people, was ratified giving the Jews the legal right to re-create their homeland within the British ruled territory of Palestine and was considered to be the binding resolution of International Law. The Mandate for Palestine was constructed on the basis of the San Remo Resolution and was given over to Britain on the condition that the Balfour Declaration be implemented. That is, to bring into existence, the formation of a Jewish State. Further, in 1922 The League of Nations, enshrined into International Law, the principle of Palestine being the National Home of the Jewish people and this was reconfirmed when the United Nations replaced the League of Nations.

Although San Remo gave Israel legal rights to the land, Sir Winston Churchill altered the agreement to appease the Arabs for oil. He dedicated the land to the east of the Jordan River to the Hashemite ...Kingdom, Transjordan, later to be called Jordan the Arab State. The land west of the Jordan River was to be the Jewish homeland, thus taking 77% of the land away from the Jews. His decision was illegal and the San Remo Agreement is still legal and binding today.

(Note from Barry Shaw: The League of Nations enshrined into international law the principle of Palestine as being the National Home of the Jewish People in 1922. This was reconfirmed when the League of Nations was replaced by the United Nations. So you have the unbroken chain from the Balfour Declaration to the San Remo Declaration to the League of Nations and later the United Nations all confirming the legal entity of a Jewish homeland in Palestine. Y.)

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