The
Jews, as the indigenous people of Palestine, have sovereignty over cisJordan
under International Law
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Submitted
by Wallace Edward Brand, Nov 14, 2012 13:59
The
Jews are the indigenous people of Israel. They had self government there long
before there were any Arabs located there. It was for this reason that the
British, in their Balfour policy in 1917, recognized that the political rights
over Palestine belonged to the Jews. However in 1917, when the Balfour policy
was framed, the Jews only had a 10% minority population in Palestine, even though
they had had a majority of population in Jerusalem since 1863 and a plurality
since 1845. There was a lot of objection to giving immediate sovereignty to the
Jews while they were a minority in Palestine so they provided a trust
arrangement in which the trustee, England, would facilitate Jewish immigration
from the Diaspora and would have legal dominion over the trust res while it was
trustee so it would temporarily exercise sovereignty until the Jews attained a
population majority and were ready to exercise sovereignty. Until then, the
beneficial owners of the Political or National Rights would just have a
National Home. The Balfour policy was changed into International Law by the San
Remo Resolution in 1920 and further confirmed by the League of Nations in 1922.
The US was not a member of the League so we signed off on the policy by a Joint
Resolution of Congress in 1922 and a treaty in 1924, the Anglo-American
Convention of 1924.
The
Jews attained a population majority in 1950. It's majority now is 80%. If it
annexed Judea and Samaria tomorrow, and all the Arabs there pledged fealty to
Israel to become citizens, Israel would still have a 66% majority.
The
Arabs have no claim to political rights over Palestine. Since 1920 they have
been trying to take them away from the Jews by threats of violence and actual
violence.
If it
had been the Mafia, we would have called it extortion.
The UN
General Assembly RECOMMENDED a portion of Palestine be given to the Arabs in
1947. This was acceptable to the Jews if they could get peace. The Arabs
declined to accept and went to war. The RECOMMENDATIONS of the General Assembly
have no legal effect unless they are accepted by both sides. So the Arabs have
no claim to any of the West Bank of Palestine, (CisJordan).
Indigenous people are people defined in international or national legislation as having a set of specific rights based on their historical ties to a particular territory, and their cultural or historical distinctiveness from other populations that are often politically dominant.
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