web analytics
May 27, 2015 / 9 Sivan, 5775
At a Glance
Blogs
Sponsored Post


International Law Recognizes Jewish Claims in Judea and Samaria

Despite dubious claims to the contrary, Israel has international law on its side.
IDF soldiers looking at the newly liberated East Jerusalem, June, 1967.

IDF soldiers looking at the newly liberated East Jerusalem, June, 1967.

Contrary to claims made by Palestinian leadership and others in the international community, international law fully recognizes Jewish claims in Judea and Samaria. These areas were part of the Palestine Mandate, which granted Jews the right to settle anywhere west of the Jordan River and to establish a national home there.

History reminds us that the Palestine Mandate, supported by all 51 members of the League of Nations at the time, and codified in international law, is recognized as legally valid by the United Nations in Article 80 of the UN Charter. In addition, the International Court of Justice has reaffirmed this on three different occasions.

While some people argue that the Palestine Mandate became obsolete following its termination in 1947, international legal scholars claim otherwise. According to Eugene Rostow, a Dean of Yale Law School, “A trust never terminates when a trustee dies, resigns, embezzles the trust property, or is dismissed. The authority responsible for the trust appoints a new trustee, or otherwise arranges for the fulfillment of its purpose.” While the Palestine Mandate ceased to exist in Israel and Jordan when Israel and the Hashemite Kingdom obtained independence, Rostow maintains that “its rules apply still to the West Bank and the Gaza Strip, which have not yet been allocated either to Israel or to Jordan or become an independent state.”

This international law expert adds that the Armistice Lines of 1949, which are part of the West Bank boundary, “represent nothing but the position of the contending armies when the final cease-fire was achieved in the War of Independence. The Armistice Agreements specifically provide, except in the case of Lebanon, that the demarcation lines can be changed by agreement when the parties move from armistice to peace.” Simply put, international law does not consider the 1967 borders the internationally recognized borders of the State of Israel.

Israeli legal claims to Judea and Samaria are strengthened by the fact that no other sovereign nation state claims this territory as her own. Both the Ottoman Turks and the British Mandate renounced their claims to the Land of Israel decades ago, including Judea and Samaria. Furthermore, Jordan’s annexation of Judea and Samaria following Israel’s declaration of independence was never internationally recognized, since it amounted to an act of aggression. Both the UN Security Council and UN General Assembly declared at that time that Israel was a peace-loving state in the 1948 war.

Professor and Judge Stephen M. Schwebel, who served as President of the International Court of Justice, explains that the principle of “acquisition of territory by war is inadmissible” must be read together with other principles, “namely, that no legal right shall spring from a wrong, and the Charter principle that the Members of the United Nations shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State.” In other words, territories acquired through wars of aggression don’t hold validity, which effectively repudiates Jordanian claims to Judea and Samaria. Observers argue too that the fact that Jordan has officially renounced her claims to Judea and Samaria and signed a peace agreement with Israel without gaining back these territories seals the water-tight case for Israel’s jurisdiction there.

The situation, however, is different when a country reclaims lands that originally belonged to her as part of a war of self-defense, as Israel did in 1967. “Where the prior holder of territory had seized that territory unlawfully, the state which subsequently takes that territory in the lawful exercise of self-defense has, against that prior holder, better title,” adds Professor Schwebel.  ”Between Israel acting defensively in 1948 and 1967 on the one hand, and her Arab neighbors acting aggressively in 1948 and 1967 on the other, Israel has the better title in the territory of what was Palestine, including the whole of Jerusalem, than do Jordan and Egypt.”

Visit United with Israel.

About the Author: Rachel Avraham is a news editor and political analyst for Jerusalem Online News, the English language internet edition of Israel's Channel 2 News. She completed her masters degree in Middle Eastern Studies at Ben-Gurion University. The subject of her MA thesis was: "Women and Jihad: Debating Palestinian Female Suicide Bombings in the American, Israeli and Arab media."


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

4 Responses to “International Law Recognizes Jewish Claims in Judea and Samaria”

  1. I have read this again and again and again. Please tell me why Israel doesn't use this – take over the West Bank – and dictate the terms favourable to Israel, under which the remaining Nomads, Arabs or whatever can stay there. Jewish brains can surely come up with a solution. Erekat, Abbas and friends can go to a very warm area.

  2. Yechiel Baum says:

    In the above picture is my Uncle Moshe who gave his life several months later. Why would his life be given in vain at the age of 33 years. All his young life, all he knew was war. Upon redeeming Jerusalem as the city of peace, who are you to give up any part of it as you are alive at his expense?

  3. This invasion from Jordan to Jerusalem Samaria and Judea and spelled out the jews was with help the unresponsibility UK, that is why the Palestinian has to go. out

  4. The only sound stance Israel should take is that of full legal right to Judea and Samaria. The PA should be nullified, and the Arabs could leave the land or swear citizenship to Israel. Anything else – other than minor exchanges – is out of the question.
    Of course, such an attitude is difficult to present to the world today. That attitude should have been a natural claim already after the defeat of the Arab armies in 1967. But the time was another. Times are-a-changin’. Today, the whole Arab civilization, proves its fatigue, and that no good can exhale from their mist.

Comments are closed.

UWI blog logo
Current Top Story
Russian S-300 surface-to-air missile systems deployed in a military exercise.
Russia to Deliver S-300 Missile System to Iran… Eventually
Latest Blogs Stories
Highway 5

The only places where Arab access may be restricted would be what Americans call “gated communities”

Doug Goldstein

Are natural sources of energy, such as thorium and molten salt, effective alternatives to oil?

34th Government of Israel

HaModia’s list of the new government’s ministers omitted the women ministers’ first names: WHY?

President Obama speaking at Congregation Adas Israel. May 22, 2015.

Introducing Obama’s latest 2-state solution…

To friends in America: Wishing someone “Happy Memorial Day” means you don’t understand the holiday.

President Obama believes anti-Semites limit their anti-Semitism to discrimination and organizing, but will always put their survival first!

What motivates a successful leader? Who are the best kinds of people to use as your role model?

The warnings came true: Among the 1000 released terrorists, many returned to terror activity

Torah is to be lived. Rabbi Moshe Levinger was a completely living Torah, the Torah of Eretz Yisrael

“Said Rabbi Yochanan: Happy are those who see the fall of Tadmor…” (Talmud Yerushalmi)

Why has Prime Minister Netanyahu given Erdan & Hanegbi insultingly low-level cabinet appointments?

Without Israel, the Jewish People are scattered nomads lacking Torah’s true national grandeur&power

Will it get better/worse for Bibi or does the wily Bibi know/plan something that will shock us all?

Dr. Vernon Smith, 2002 Economics Nobel Prize winner, on predicting housing markets & economic issues

100% of the ‘First Responders’ helping those Arab school girls were Jewish and they didn’t hesitate!

Women equalizing with men in all areas of Judaism is anathema to the very idea of male/female roles.

More Articles from Rachel Avraham
1024px-Donna_Edwards_at_victory_rally,_February_13,_2008

Edwards is rated #4 by the Arab-American Institute for her pro-Palestine pro-Arab voting record.

saudi_lady_drivers_2013

A Saudi woman’s like a queen without a chauffeur, driven around by Saudi men whenever she commands

“Most of the Palestinians in Judea&Samaria are former Jews, converted by force by the Ottomans.”

Jewish communities worldwide commemorate Yehudit during Chanukah by eating dairy foods in her honor

In Jordan,Palestinians are discriminated in every field: education; healthcare; employment; business

Living is Israel is costlier than in other countries but how will your kids grow up in the diaspora?

Given these statistics, I feel that it is not worth it to live in the United States.

Pro-Israel groups must broaden their coalitions and feature more pro-Israel minority speakers.

Printed from: http://www.jewishpress.com/blogs/united-with-israel/international-law-recognizes-jewish-claims-in-judea-and-samaria/2013/07/30/

Scan this QR code to visit this page online: