Saturday, May 9, 2015

The “Mandate for (JEWISH) Palestine” is Valid to This Day The Mandate survived the demise of the League of Nations. Article 80 of the UN Charter implicitly recognizes the “Mandate for Palestine” of the League of Nations


The “Mandate for (JEWISH) Palestine” is Valid to This Day

The Mandate survived the demise of the League of Nations.
The “Mandate for (JEWISH) Palestine” is Valid to This Day The Mandate survived the demise of the League of Nations. Article 80 of the UN Charter implicitly recognizes the “Mandate for Palestine” of the League of Nations

Article 80 of the UN Charter implicitly recognizes the “Mandate for Palestine” of the League of Nations. This Mandate granted Jews the irrevocable right to settle anywhere in (JEWISH) Palestine, the area between the Jordan River and the Mediterranean Sea, a right unaltered in international law and valid to this day. Jewish settlements in Judea and Samaria (i.e. the West Bank), Gaza and the whole of Jerusalem are legal. The International Court of Justice reaffirmed the meaning and validity of Article 80 in three separate cases:
• ICJ Advisory Opinion of July 11, 1950: in the “question concerning the International States of South West Africa.”33
• ICJ Advisory Opinion of June 21, 1971: “When the League of Nations was dissolved, the raison d’etre [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
• ICJ Advisory Opinion of July 9, 2004: regarding the “legal consequences of the construction of a wall in the occupied (JEWISH)
Palestinian territory.”35 In other words, neither the ICJ nor the UN General Assembly can arbitrarily change the status of Jewish
settlement as set forth in the “Mandate for Palestine,” an international accord that has never been amended.
All of western (JEWISH) Palestine, from the Jordan River to the Mediterranean Sea, including the West Bank and
Gaza, remains open to Jewish settlement under international law. Professor Eugene Rostow concurred with the ICJ’s
opinion as to the “sacredness” of trusts such as the “Mandate for (JEWISH) Palestine”:
“‘A trust’—as in Article 80 of the UN Charter—does not end because the trustee dies ... the Jewish right of settlement in
the whole of western Palestine—the area west of the Jordan—survived the British withdrawal in 1948. ... They are parts of the
mandate territory, now legally occupied by Israel with the consent of the Security Council.”36 The British Mandate left intact the Jewish right
to settle in Judea, Samaria and the Gaza Strip. Explains Professor Eugene Rostow:
“This right is protected by Article 80 of the United Nations Charter, which provides that unless a trusteeship agreement is agreed upon (which was not done for the Palestine Mandate), nothing in the chapter shall be construed in and 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.


The IV Geneva Convention doesn't apply to either Samaria, Judea (of which Jerusalem is part) or the Jordan Valley.
The reason is twofold:
1) The territory in question was acquired by the State of Israel during a defensive war (June 1967 Six-Day War) from a power, i.e. Jordan, that was occupying the territory illegally, hence at the moment the territory is in dispute, one that can only be resolved through negotiations and not through the threat of either warfare or lawfare against us, Jews.
2) The fundamental elements of international law clearly designated the whole territory located between the Jordan River and the Med. Sea as "the national home of the Jewish people" where Jews may settle at will. (San Remo conference decisions, 1920; League of Nations decisions, 1922, which were then adopted by the UN and etched into its Charter, article 80, 1945)


There is no such thing as a Palestinian people; no such thing as a Palestinian history; and no Palestinian language exists. There has never been any independent, sovereign Palestinian state in all of recorded history – let alone an Arab independent state of Palestine.
You will search in vain for Palestinian Arab coinage or Palestinian Arab archaeological artefacts specifically related to any Palestinian Arab king or ancient leader. But what you will find are coins, pottery, ancient scrolls, all providing conclusive, empirical and millennial evidence of Jewish civilization dotting the land known correctly as Israel – not Palestine.
The present-day so-called “Palestinians” are an Arab people sharing an overwhelmingly Muslim Arab culture, ethnicity and language identical to their fellow Arabs inthe Middle East and North Africa, with few if any distinctions.
Yasser Arafat, the arch-terrorist, who imposed himself undemocratically upon the Arabs who call themselves Palestinians, was fond of repeating the absurd myth that Palestinian Arabs were descended from the Canaanites and the Philistines. As we know, the bigger the lie, the bigger the number of people will believe it. And so Arafat twisted history in order to disinherit the indigenous native people of the land: the Jews.

The 1967 lines were never intended to be permanent borders, just a starting point to negotiate peace with hostile Arabs that will never accept anything short of the total annihilation of Israel. The original mandate for Israel border were much larger than Israel today, but Jews are compromising and have bent over backwards to make peace with the Arabs. The Arabs are actually the occupiers of land that was supposed to be a Jewish state in the first place.

In my opinion If any country threatens Israel with a blockaid economic boycott and starvation, blockaid or destruction that to me is a act of war against Israel and Israel should treat it as sort as a policy. In My Opinion Israel should develop a policy as a country to protect herself from Boycotts and threats. In my opinion Israel as a policy should develop a policy of mutually assured destruction just like other countries. Those countries who are at odds with Israel including so called friends now have no fear of Israel and seek to harm Israel both militarily, economically, and politically. Israel is not a Third World country but a highly technical and militarily advanced country. Israel has the power to develop both a technical a.k.a. cyber warfare, and a nuclear and military based deterrence as well as a legal deterrence such as lawsuits against organizations that boycott. Israel in my opinion should be prepared to use such a policy in the event that she is threatened with her existence by any country. That threat to existence would include in my opinion threats to blockade, economic starvation, military threats, and diplomatic isolation. The only way in my opinion that Israel will survive and be respected as an independent country is for Israel to start acting as independent country instead of a Third World colonial province who is scared of what other countries think and does what is best for other countries instead of what is best for Israel. Israel must force in my opinion force every country that has diplomatic relations with Israel to move their embassy to Jerusalem. Israel should determine what capital she has not the world.

The victors of WWII have no power over Israel's borders.
The victors of WWI did have the power and the authority to give the Jewish people the land.
Israel has yet to finish claiming (formally) the land given to the Jewish people by the victors of WWI.
In time, in time.

There are plenty of countries throughout the world that no longer hold by the UN charter. The UN is becoming more and more irrelevant in the world today.
When someone is trying to kill you and you give them a bloody nose while in the process expanding your boundaries to afford better protection for yourself, then it is too bad.

Israel didn't really have borders at the time, though.
The six Arab nations came in to push the Jews into the Sea and the UN couldn't do a doggone thing to stop it.
Israel stopped them and pushed them back.
The UN has to put up with this because Israel would have died if Israel hadn't saved itself without UN help.

The EU has no good ideas in this arena, as they're motivated by weird internal European politics.
The EU has no moral authority or business to dictate to Israel what to do.
The EU has no influence.
Why should Israel listen to these foreigners from thousands of miles away, not knowing their finger from their a_ss?
Here's a little Menachem Begin quote to tell them where they can stick it:
"“What kind of expression is this – “punishing Israel”? Are we a vassal state of yours? Are we a banana republic? Are we youths of fourteen whom, if they don’t behave properly, are slapped across the fingers? Let me tell you who this government is composed of. It is composed of people whose lives were spent in resistance, in fighting and in suffering. You will not frighten us with “punishments.” He who threatens us will find us deaf to his threats. We are only prepared to listen to rational arguments. You have no right to “punish” Israel – and I protest at the very use of this term."

So the Europeans are planning the final solution to the Israel problem? 
Proof that peace talks are a waste of time, both the Arabs and the EU seek our destruction and continuing the farce is no more then accepting the demand to commit national suicide. 
As long as the Arabs refuse to accept the validity of our right to live in the Jewish state there can be no reason to even discuss peace. 
What demands has the world made of the Arabs? 
The world says nothing of the Arabs desire to commit genocide against the Jews and this report does nothing to discourage them. 
How typical of livni to ignore the fact that the Arabs consider Tel Aviv a settlement just as they do anywhere in Judea and Samaria. 
I have a better option, let Hamas displace the PA and then fight a war against the Arabs but this time winner takes all. 
Sooner or later it will happen so let's start on our terms not the enemies. 

The Roman Empire set borders for the ancient Jews - but the Roman Empire is long dead now. They deserved to die.
In modern times, the League of Nations countries ate away at Israel's land but Israel was born and survived.

You forget the Greeks. Alexander the Great ruled over little Israel long before the Romans. The crusaders of various nations, English, French, Spanish and Italian and what not did too. Not to forget the B.E. Europeans have always ruled over there and I'm not completely sure they'll stop all of a sudden just so because Netanyahu and JP wants you and other little Taliban to believe so.
Btw, the Roman Empire isn't long dead at all. The Roman Empire still ruled until 1400-1500. Poorly educated people tend to forget that.

P.S. Rabin's vision of peace is not only driven by the eagerness of the late Rabin to achieve peace, but also by doing it realistically and pragmatically, and based on the fundamental elements of international law related to the future of the Land, as well as within the framework of UN Security Council Resolution, 242, 1967, which has served, by consent, the basis for all peace talks and actual treaties signed. So, why not adhere to international law and pragmatism instead of expecting the Jews, again, to allow others to deliver them to the killing fields and the gas chambers....?? Only Europeans can, deep in their the dark corners of their hearts, know why....!!

Let's be honest about Europe for a minute here.
Europeans had unbelievably bloody wars against each other for thousands of years.
When was the last time they fought each other?
HINT: It was in the 20th Century and 100 million people died overall.
If Europe is nicer now, they need 1000 years to prove it.

Funny how relocating Beduin to a town built just for them from lands that they are squatting on is a "breach of international law" where as forcibly evicting 10,000 Jews from their legally purchased homes in Gush Katif and the surrounding area, and uprooting their graves was a commendable act from the EU's perspective.
Time to tell the EU to go to hell. They will go to war with Israel anyway no matter what we do. 
All one has to do to imagine a peaceful world is close ones eyes and imagine a world without Islam. But the EU is fixated on little Israel, as if feeding us to the wolves will somehow stave off the immanent demise of Europe at the hands of Islamic butchers.

"Aspiration of both parties"
Let us examine two fundamental documents that express the aspirations of the parties:
1) The Israel's Declaration of Independence, 14 May 1948 - available online, in English. Just Google for it!!!!!
2) Palestine Liberation Organization (PLO) Charter, 1964 - available online, in English. Just Google for it!!!
We, Jews, can't accept the aspirations of our enemies who define these aspirations as the "demise" of the sovereign nation-state of the Jewish people, the State of Israel; and, the "cleansing" of the Jewish homeland of its Jews, through all means possible....
Do you, Europeans accept these aspirations of the Arabs....??!!

The 1967 lines were never intended to be permanent borders, just a starting point to negotiate peace with hostile Arabs that will never accept anything short of the total annihilation of Israel. The original mandate for Israel border were much larger than Israel today, but Jews are compromising and have bent over backwards to make peace with the Arabs. The Arabs are actually the occupiers of land that was supposed to be a Jewish state in the first place.

There is no such thing as a Palestinian people; no such thing as a Palestinian history; and no Palestinian language exists. There has never been any independent, sovereign Palestinian state in all of recorded history – let alone an Arab independent state of Palestine.
You will search in vain for Palestinian Arab coinage or Palestinian Arab archaeological artefacts specifically related to any Palestinian Arab king or ancient leader. But what you will find are coins, pottery, ancient scrolls, all providing conclusive, empirical and millennial evidence of Jewish civilization dotting the land known correctly as Israel – not Palestine.
The present-day so-called “Palestinians” are an Arab people sharing an overwhelmingly Muslim Arab culture, ethnicity and language identical to their fellow Arabs inthe Middle East and North Africa, with few if any distinctions.
Yasser Arafat, the arch-terrorist, who imposed himself undemocratically upon the Arabs who call themselves Palestinians, was fond of repeating the absurd myth that Palestinian Arabs were descended from the Canaanites and the Philistines. As we know, the bigger the lie, the bigger the number of people will believe it. And so Arafat twisted history in order to disinherit the indigenous native people of the land: the Jews.

There is no such thing as a Palestinian people; no such thing as a Palestinian history; and no Palestinian language exists. There has never been any independent, sovereign Palestinian state in all of recorded history – let alone an Arab independent state of Palestine.
You will search in vain for Palestinian Arab coinage or Palestinian Arab archaeological artefacts specifically related to any Palestinian Arab king or ancient leader. But what you will find are coins, pottery, ancient scrolls, all providing conclusive, empirical and millennial evidence of Jewish civilization dotting the land known correctly as Israel – not Palestine.
The present-day so-called “Palestinians” are an Arab people sharing an overwhelmingly Muslim Arab culture, ethnicity and language identical to their fellow Arabs inthe Middle East and North Africa, with few if any distinctions.
Yasser Arafat, the arch-terrorist, who imposed himself undemocratically upon the Arabs who call themselves Palestinians, was fond of repeating the absurd myth that Palestinian Arabs were descended from the Canaanites and the Philistines. As we know, the bigger the lie, the bigger the number of people will believe it. And so Arafat twisted history in order to disinherit the indigenous native people of the land: the Jews.

The modern Palestinian Muslims have a nationality that was created in the 1960s. Before that it was a geographical area, not a country, and referred to mainly Jewish and Christian inhabitants. Even if you believe in the right of yet another Muslim State, why should it be Jew free when Israel is currently the home of over 2 million Arabs, and more Jews have been killed, persecuted, and kicked out of Arab lands than any so-called Palestinian refugees. The same thing is happenning today with Christians and ISIS, but the world continues to focus on the Jews and Israel. It's a joke. . The settlement issue is a sham and red herring.

The “Mandate for (JEWISH) Palestine” is Valid to This Day
The Mandate survived the demise of the League of Nations.
Article 80 of the UN Charter implicitly recognizes the “Mandate for Palestine” of the League of Nations. This Mandate granted Jews the irrevocable right to settle anywhere in (JEWISH) Palestine, the area between the Jordan River and the Mediterranean Sea, a right unaltered in international law and valid to this day. Jewish settlements in Judea and Samaria (i.e. the West Bank), Gaza and the whole of Jerusalem are legal. The International Court of Justice reaffirmed the meaning and validity of Article 80 in three separate cases:
• ICJ Advisory Opinion of July 11, 1950: in the “question concerning the International States of South West Africa.”33
• ICJ Advisory Opinion of June 21, 1971: “When the League of Nations was dissolved, the raison d’etre [French: “reason for being”] and original object of these obligations remained. Since theirfulfillment 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
• ICJ Advisory Opinion of July 9, 2004: regarding the “legal consequences of the construction of a wall in the occupied (JEWISH) Palestinian territory.”35 In other words, neither the ICJ
nor the UN General Assembly can arbitrarily change the status of Jewish settlement as set
forth in the “Mandate for Palestine,” an international accord that has never been amended.
All of western (JEWISH) Palestine, from the Jordan River to the Mediterranean Sea, including the West Bank and Gaza, remains open to Jewish settlement under international law. Professor Eugene Rostow concurred with the ICJ’s opinion as to the “sacredness” of trusts such as the “Mandate for (JEWISH) Palestine”:
“‘A trust’—as in Article 80 of the UN Charter—does not end because the trustee dies ... the Jewish right of settlement in the whole of western Palestine—the area west of the
Jordan—survived the British withdrawal in 1948. ... They are parts of the mandate
territory, now legally occupied by Israel with the consent of the Security Council.”36 The British Mandate left intact the Jewish right to settle in Judea, Samaria and the Gaza Strip. Explains Professor Rostow:
“This right is protected by Article 80 of the United Nations Charter, which provides that unless a trusteeship agreement is agreed upon (which was not done for the Palestine
Mandate), nothing in the chapter shall be construed in and 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.

Jews have lived in ISRAEL ,SAMARIA and JUDEA for thousands of years, and we know this, of course, because there are repeated references to the children of Israel in the Koran. There are 43 references to the children of Israel. In fact, one of them, chapter 17 Sura 104 says, we say onto the children of Israel, dwell in this land, live in this land, referring to the land that is now Israel. So do you dispute these facts or do you accept that there is some connection between the children of Israel and this land?
NO MENTION OF paLIEStinians IN YOUR KORAN OR THEY OWNED JERUSALEM
Read history and your KORAN don't try to rewrite history and your Koran.

I think the EU will take the lead from the UN security council in this matter, which has passed 24 (!) resolutions confirming that Geneva 4 does apply.
Or maybe Israel's own words from Israeli Military Order from 7/6/67, which states that the military court in the West Bank must apply the provisions of the 4th Geneva Convention with respect to judicial procedures and gives the Convention precedence over military orders, or from Israel's supreme court in 2004 that pretty much confirms that Israel considers the territories occupied.
as for your arguments 1) the right of conquest was abolished prior to these conflicts (this, too, is confirmed in dozens of UNSC resolutions that all confirm the inadmissability of territory gained through war)
and as for 2) the right to settle does not equate the right to incorporate in one's country. Also San Remo 1920 etc were later superseded by e.g. the partition plan - you cannot just selectively pick the documents Israel likes, and ignore all developments Israel doesn't like. Territory east of the Jordan, for example, was already clearly ruled out in the Mandate (1922), and it was always pretty clear that Jerusalem would not be part of this jewish national homeland.

The EU that the IV Geneva Convention doesn't apply to either Samaria, Judea (of which Jerusalem is part) or the Jordan Valley.
The reason is twofold:
1) The territory in question was acquired by the State of Israel during a defensive war (June 1967 Six-Day War) from a power, i.e. Jordan, that was occupying the territory illegally, hence at the moment the territory is in dispute, one that can only be resolved through negotiations and not through the threat of either warfare or lawfare against us, Jews.
2) The fundamental elements of international law clearly designated the whole territory located between the Jordan River and the Med. Sea as "the national home of the Jewish people" where Jews may settle at will. (San Remo conference decisions, 1920; League of Nations decisions, 1922, which were then adopted by the UN and etched into its Charter, article 80, 1945)
I ask the EU leaders, have you ever taken seriously these legal elements before accusing us, Jews, again, of evil perpetrated by others....??
P.S. The leadership of the State of Israel has been willing, for the sake of an accommodation of peaceful coexistence, to enable the Arab population of Samaria, Judea and the Jordan Valley to govern itself within an autonomous area and by so doing ensuring peace, security and prosperity for all. Sadly, all attempts by our leaders to achieve such a state of affairs have been categorically rejected. The reasons for the rejections are spelled out in the PLO Charter which I strongly the EU leadership read. Therefore, instead of accusing the Jews, again - something with which Europe has acquired a two thousand year old experience - and blame them for lack of peace, why, for a change, Europeans demand of the "moderate" PLO to adhere to international law and signed agreements, including the amending of the PLO Charter?

I can think of several scenarios that do not include a three state plan (remembering Jordan is the first Palestinian state built on 63% of Israeli land).
But the EU doesn't like them.
We could start with destroying the PA/Hamas ability to create war or terror.
We could fight them until they surrender and offer them terms - like join us as good people or leave
There are many many other solutions.
At this point, I'd settle for the Glick plan - start annexing!

The Europeans can feel free to give the Arabs any part of Europe they want for a Muslim only state.
Not sure why they want to negotiate with us. Is Israel at war with Europe? While the Jew hating Arabists may has fantasies of a war with Israel I suspect the business community their has enough power to stop that idea just as they forced with Swedish government to back off their recognizing the non existing fictional "Palestine"
How many articles will leftist reporters write about the impending sanctions that never actually come? No one in Europe is going to hurt their economy by implementing sanctions so terrorists can get more land.
We just saw yesterday the terrorists aren't interested in peace. It wasn't just Hamas killing a baby but also Islamic terrorists launching multiple terror attacks in Canada. Is Canada also supposed to give up some of their country for a Palestinian state.
Will Syria stop massacring its civilians if the PLO gets a state. Will Turkey stop massacring the Kurds. Will the Sunni Muslims stop slaughtering the Shiites in Iraq and Syria if the PLO gets a state. Will Muslims stop beheading Christian aid workers if the PLO gets a state.
Stop fooling yourselves if this is a real issue for anyone but the radical left.

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