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Israel/Palestine
In reply to the discussion: Hague Court Opens War Crimes Inquiry at Request of Palestinians [View all]shira
(30,109 posts)64. Article 80 makes the Mandate still valid today...
ICJ Advisory Opinion of June 21, 1971: When the League of Nations was dissolved, the raison detre [French: reason for being] and original object of these obligations remained. Since their fulfillment did not depend on the existence of the League, they could not be brought to an end merely because the supervisory organ had ceased to exist. ... The International Court of Justice has consistently recognized that the Mandate survived the demise of the League [of Nations].34
As to Jordan...
Israeli settlement throughout the West Bank is explicitly protected by international agreements dating from the World War I era, subsequently reaffirmed after World War II, and never revoked since. The Balfour Declaration of 1917, calling for the establishment in Palestine of a national home for the Jewish people, was endorsed by the League of Nations Mandate for Palestine, drafted at the San Remo Conference in 1920, and adopted unanimously two years later. The mandate recognized the historical connection of the Jewish people with Palestine and the grounds for reconstituting their national home in that country. Jews were guaranteed the right of close settlement throughout Palestine, geographically defined by the mandate as comprising land both east and west of the Jordan River (which ultimately became Jordan, the West Bank, and Israel). This was not framed as a gift to the Jewish people; rather, based on recognition of historical rights reaching back into antiquity, it was their entitlement.
Jewish settlement throughout Palestine was limited by the mandate in only one respect: Great Britain, the Mandatory Trustee, acting in conjunction with the League of Nations Council, retained the discretion to postpone or withhold the right of Jews to settle east but not west of the Jordan River. Consistent with that solitary exception, and to placate the ambitions of the Hashemite Sheikh Abdullah for his own territory to rule, Colonial Secretary Winston Churchill removed the land east of the river from the borders of Palestine.
Churchill anticipated that the newly demarcated territory, comprising three-quarters of Mandatory Palestine, would become a future Arab state. With the establishment of Transjordan in 1922, the British prohibited Jewish settlement there. But the status of Jewish settlement west of the Jordan River remained unchanged. Under the terms of the mandate, the internationally guaranteed legal right of Jews to settle anywhere in this truncated quarter of Palestine and build their national home there remained in force.
Never further modified, abridged, or terminated, the Mandate for Palestine outlived the League of Nations. In the Charter of the United Nations, drafted in 1945, Article 80 explicitly protected the rights of any peoples and the terms of existing international instruments to which members of the United Nations may respectively be parties. Drafted at the founding conference of the United Nations by Jewish legal representatives including liberal American Rabbi Stephen S. Wise, Peter Bergson from the right-wing Irgun, and Ben-Zion Netanyahu (father of the future prime minister) Article 80 became known as the Palestine clause.
It preserved the rights of the Jewish people to close settlement throughout the remaining portion of their Palestinian homeland west of the Jordan River, precisely as the mandate had affirmed. But those settlement rights were flagrantly violated when Jordan invaded Israel in 1948. The military aggression of the Hashemite kingdom effectively obliterated U.N. Resolution 181, adopted the preceding year, which had called for the partition of (western) Palestine into Arab and Jewish states. Jordans claim to the West Bank, recognized only by Great Britain and Pakistan, had no international legal standing.
Jewish settlement throughout Palestine was limited by the mandate in only one respect: Great Britain, the Mandatory Trustee, acting in conjunction with the League of Nations Council, retained the discretion to postpone or withhold the right of Jews to settle east but not west of the Jordan River. Consistent with that solitary exception, and to placate the ambitions of the Hashemite Sheikh Abdullah for his own territory to rule, Colonial Secretary Winston Churchill removed the land east of the river from the borders of Palestine.
Churchill anticipated that the newly demarcated territory, comprising three-quarters of Mandatory Palestine, would become a future Arab state. With the establishment of Transjordan in 1922, the British prohibited Jewish settlement there. But the status of Jewish settlement west of the Jordan River remained unchanged. Under the terms of the mandate, the internationally guaranteed legal right of Jews to settle anywhere in this truncated quarter of Palestine and build their national home there remained in force.
Never further modified, abridged, or terminated, the Mandate for Palestine outlived the League of Nations. In the Charter of the United Nations, drafted in 1945, Article 80 explicitly protected the rights of any peoples and the terms of existing international instruments to which members of the United Nations may respectively be parties. Drafted at the founding conference of the United Nations by Jewish legal representatives including liberal American Rabbi Stephen S. Wise, Peter Bergson from the right-wing Irgun, and Ben-Zion Netanyahu (father of the future prime minister) Article 80 became known as the Palestine clause.
It preserved the rights of the Jewish people to close settlement throughout the remaining portion of their Palestinian homeland west of the Jordan River, precisely as the mandate had affirmed. But those settlement rights were flagrantly violated when Jordan invaded Israel in 1948. The military aggression of the Hashemite kingdom effectively obliterated U.N. Resolution 181, adopted the preceding year, which had called for the partition of (western) Palestine into Arab and Jewish states. Jordans claim to the West Bank, recognized only by Great Britain and Pakistan, had no international legal standing.
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Oh, so now we know why all the puzzling outrage at a recognized world entity merely wanting to
Fred Sanders
Jan 2015
#1
Are they starting with who chose to violate the peace of the world with aggressive war?
Fozzledick
Jan 2015
#3
And we all know that voluntary immigration and settlement is not forced population transfer.
Fozzledick
Jan 2015
#7
and there in lies your problem the forcable only applies to the people under occupation
azurnoir
Jan 2015
#8
The implication of your post is that modern day Israel and Nazi Germany are similar
oberliner
Jan 2015
#101
Do you ever read, shira, or are you blind??? Too bad you didn't cherrypick well enough.
R. Daneel Olivaw
Jan 2015
#40
Welcome to DU. Just for Fun how long have you been involved in BDS and where?
R. Daneel Olivaw
Jan 2015
#58
Morris Abram is also the founder of the Rightwing UN Watch and has been dead for 15 years
azurnoir
Jan 2015
#29
don't have to I posted the entire thing and seems there a few paragraphs between the dots
azurnoir
Jan 2015
#38
I didn't leave out a darned thing and look again I reposted it no I'll repost it here too
azurnoir
Jan 2015
#41
and here to prove your false allegation is post #8 the only one prior to these where I posted art49
azurnoir
Jan 2015
#43
goal post changing you level false allegations about what I posted and try to change the subject?
azurnoir
Jan 2015
#61
Unfortunately in accepting the UN partition of Palestine Israel itself negated the aged League of Na
azurnoir
Jan 2015
#66
and there were a number of different opinions on that issue but at least you admit
azurnoir
Jan 2015
#79
also you seem to think an advisory opinion is the same as a law not so moreover
azurnoir
Jan 2015
#68
Can you link us up to the ICJ's website as I said all I get for that date relates to South Africa
azurnoir
Jan 2015
#71
again it relates to South Africa one opinion is not law and when did the UN partition SA?
azurnoir
Jan 2015
#80
and the ICJ's 2004 ruling against Israel's 'security wall' would seem to negate any of your claims
azurnoir
Jan 2015
#81
You're missing the point. The Mandate for Jews settling anywhere west of the Jordan River....
shira
Jan 2015
#115
Nobody believes you nonsense, shira. Go harp you fantasies eleswhere.
R. Daneel Olivaw
Jan 2015
#116
Thanks, I know. Right to the point without the need for posting propaganda.
R. Daneel Olivaw
Jan 2015
#118
But you've been selling that ICJ ruling or a really a dissenting opinion from a 3rd party as proof
azurnoir
Jan 2015
#123
You're still maintaining a non-binding UNGA resolution like the Partition Plan....
shira
Jan 2015
#124
No idea what the ICC does or the nature of this complaint and its investigative procedure, do you?
Fred Sanders
Jan 2015
#82