Thursday, October 13, 2011

Aboriginal Rights of the Jewish People

Reconciling subsequent rights of the newborn Palestinian People with prior rights of the age-old Jewish People.


This posting has been updated and moved to:

http://www.allenzhertz.com/2017/02/aboriginal-rights-of-jewish-people-2017.html 

 

2 comments:

  1. A masterpiece.

    I would add the following references to the above fantastic historical composition:

    The cooperation between Weizmann and Feisal was concluded with a signed agreement that still has legal international binding:
    Weizmann Fsisal Agreemet http://en.wikipedia.org/wiki/Faisal%E2%80%93Weizmann_Agreement

    Article II
    Immediately following the completion of the deliberations of the Peace Conference, (http://en.wikipedia.org/wiki/Paris_Peace_Conference,_1919) the definite boundaries between the Arab State and Palestine shall be determined by a Commission to be agreed upon by the parties hereto.
    Article III
    In the establishment of the Constitution and Administration of Palestine all such measures shall be adopted as will afford the fullest guarantees for carrying into effect the British Government's Declaration of the 2nd of November, 1917.
    Article IV
    All necessary measures shall be taken to encourage and stimulate immigration of Jews into Palestine on a large scale, and as quickly as possible to settle Jewish immigrants upon the land through closer settlement and intensive cultivation of the soil. In taking such measures the Arab peasant and tenant farmers shall be protected in their rights, and shall be assisted in forwarding their economic development.

    The UN Charter of 26.6.1945 is directly connected to the decisions made by the League of Nations:
    http://www.yale.edu/lawweb/avalon/un/unchart.htm#art77
    Article 80
    1. Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trusteeship system, and until such agreements have been concluded, nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties.

    Jordan formally annexed the West Bank on April 24, 1950, giving all residents automatic Jordanian citizenship. West Bank residents had already received the right to claim Jordanian citizenship in December 1949.

    Jordan's annexation was widely regarded as illegal and void by the Arab League and others. Elihu Lauterpacht, an international legal expert, described it as a move that "entirely lacked legal justification."[15] The annexation formed part of Jordan’s "Greater Syria Plan" expansionist policy, and in response, Saudi Arabia, Lebanon and Syria joined Egypt in demanding Jordan’s expulsion from the Arab League.

    Based on your summery and my additional information which is available to anyone who knows how to read English, can you explain why the US, Europe and the UN deems the territories liberated in 1967 as "occupied" and the Jewish settlements as "illegal"?

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    Replies
    1. References to "occupation" and "illegality" mainly go to show that international law is akin to an ongoing discussion about rights, in which every government and NGO has its lawyers and every law professor and layman an opinion. As Mao said: "Let a hundred flowers bloom and a hundred schools of thought contend!"

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