Peloni: Ted’s important analysis below regarding the Rule of Power has stirred some important commentary among the comments at the bottom. Please take the time to read them. The commentary section here at Israpundit has always been an important area of learning and revelation and we can boast of many important perspectives shared among the bloggers which are both well considered and well argued. This is certainly evident in the comments discussed below this article.
Israel’s title deeds to the land west of the Jordan R. are of no value unless she has the power to protect them
The US State Department and the UK Foreign Office ignored those rights in the thirties and forties and instead promoted the Arab cause and continued to do so after Israel’s Declaration of Independence.
By Ted Belman June 24. 2024
I recently critiqued an interview of Prof Jeffrey Sachs by Judge Napolitano on US policy with respect to Gaza.
The Judge started out by referring to ”the slaughter that was going on in Gaza”. How can he be so ignorant? It has been proven repeatedly that there is no slaughter or genocide in Gaza. In fact, Israel has the lowest kill ratio of any war previously by a factor of at least five.
Surprisingly he spoke respectfully about Ben Gvir and Smotrich.
The Saudi FM said on May 27/24
“Israel doesn’t get to decide if the Palestinians have a right to self-determination”
“This is something that is enshrined in the UN Charter.”
“It is something that is enshrined in international law.”
“It is also a founding principle in the UN decision to found Israel”
The Judge called it “an accurate presentation of history” and Sachs added “What he said was absolutely correct”.
I got news for all of them, none of it is true. Why so?
Self determination
UN Charter Article 1 (2) establishes that “one of the main purposes of the United Nations, and thus the Security Council, is to develop friendly international relations based on respect for the “principle of equal rights and self-determination of peoples”.
This is a principle only and does not guarantee the Palestinians/Arabs, the right of self-determination.
But the PLO/PA has bound itself by signing the Oslo Accords.
The Oslo Accords, Article XXX, paragraphs 7 and 8 provide:
“The two Parties view the West Bank and the Gaza Strip as a single territorial unit, the integrity and status of which will be preserved during the interim period.
“Neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip pending the outcome of the permanent status negotiations.”
UN Charter
It does nothing more than “respect the principle of equal rights and self-determination of peoples”.
But it does provide in Article 80 that
“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.”
This makes Jewish rights acquired previously, inviolable.
This Article takes precedence over the principle above stated.
International law
There is no universally accepted agreement as to the content of the right to self-determination, it is agreed that at a minimum, it entails the entitlement of peoples to have control over their destiny and to be treated respectfully.
The UN acts in violation of International Law while claiming to uphold it
International law and the State of Israel
Israel is the legal owner of all lands west of the Jordan R.
Israel’s rights are rooted in the Balfour Declaration, San Remo Resolution and the British Mandate, all of which gave the land west of the Jordan to Israel. The Arabs refused to accept this. Many in Europe refused to accept it also. They didn’t want to be bound by the law. Instead, they ignored the law and got the UN to do so too.
The conspiracy to shrink Israel
Founding principle
Res 181 of the UNGA simply recommended a two-state solution which also violated Israel’s right to all of it.
It did not create the state of Israel, Ben Gurion’s Declaration of Independence did.
Throughout their whole discussion neither referenced Oct 7th nor questioned whether a TSS would bring peace. The latter was a given or irrelevant.
They don’t know that Israel also favors a TSS, Israel and Palestine (formerly Jordan) living peacefully with the Jordan River separating them.
This, in essence, is the Jordan Option.
I discussed the above with a strong Zionist with a PhD. She was unaware of the San Remo Resolution. This stunned me. Then she argued that the solution to the Palestinian problem can’t not depend on rights acquired 100 years ago. In other words, she wants to ignore our rights and create a Palestinian state on our land. Just like everyone else.
I asked her if it will bring peace. “No” she said and argued that the current situation is not peaceful either.
She favors not finishing off Hamas because it will mean we have to go into occupation and who wants that she argued.
In The conspiracy to shrink Israel, I included a commitment made by Kissinger in 1975 to the FM of Iraq:
“I think the Palestinian identity has to be recognized in some form.“
“No solution is possible without it.”
It referred also to Dr Paul Eidelburg’s synopsis of Eurabia,
In the same year according to Eurabia and Prof Eidelberg’s synopsis of it, the Euro-Arab Dialogue commenced and the Arabs set the conditions for this Euro-Arab symbiosis:
1) European policy would be independent from, and opposed to that of the United States;
2) recognition by Europe of a “Palestinian people,” and the creation of a “Palestinian” state;
3) European support for the PLO;
4) the designation of Arafat as the sole and exclusive representative of that so-called Palestinian people;
5) the de-legitimizing of the State of Israel, both historically and politically, its shrinking into non-viable borders, and the Arabization of Jerusalem.
This became European policy.
In Since when did the Palestinians become entitled to a state? I pointed out that The Rogers Plan in 1969 started the process of supporting the Palestinian cause and every administration since then did likewise. This culminated with President Clinton ramming Arafat down Israel’s throat. Only Trump went his own way.
In The UN acts in violation of International Law while claiming to uphold it, I gave many examples of where it ignored International Law.
What more can I say?
What ever happened to the Rule of Law?
CONCLUSION
In the international arena, what happens depends on your power and interests. The more power you have, the more your interests will be advanced.
Morality and title deeds have no currency unless you have the power to protect them. Even the achievement of peace has no currency if it conflicts with the interests of the powerful. And the powerful don’t want peace. Conflict serves their interests.
There is no Rule of Law. What there is, is the Rule of Power.
Even in domestic affairs, the Rule of Law is being trampled upon by those who find it cumbersome or limiting. They generally ignore it. Look at the antics of the Biden administration. The Democrats also don’t want to abide by the Constitution which is the basis of all their rights.
In Israel the left continually ignores the law or make up their own law by assuming powers they don’t have.
Little late to the party but as we go into the seventh sabbath oof consolation glad to see you people talking abut your title deed to the land(Torah). you will find in the Halftora reading of Isaiah 61:10- 63:9 Hashem is going to wed the Jews to the land of Israel and then wed the Jews to himself. Me thinks that will put an end to this, Who owns the land of Israel issue!
Of course the real “authority” for the Jewish ownership of the Land of Israel comes from God, as communicated to us via Moses in the Torah. Actually, the Torah says that the Land is ultimately the property of God, as is all other land on earth and the entire universe. However, God grants us a permanent lease on the land, as long as we keep his commandments. If we disobey his commendments, however, we may lose possession of the land, at least for a time. In addition, suffer all sorts of misfortunes. But ultimately, God will forgive us for our collective sins and restore the land to us. And that is what has happened. A striking example of a Biblical prophecy that has been fulfilled in our own time.
The mandate document issues to the British government as a de facto constitution. for their rule in Palestine acknowledges the Jews ‘historical connection” to the land. Although the document does not go into detail about the evidence for this connection, the prayers recited three times a day, or twenty-one times per week, all contain a prayer for the return of the ‘land of our forefathers” to us,Also, to restore the monarchy to the descendants of David. and to restore “our counselers as of old” (in other words a complete Jewish administration of the Land, not just a Jewish king alone). Other evidences of the Jewish committment to regaining the Land of Israel are the custom of leaving at least one brick in the cornerstone of a new house, as a symbol that it is only a temporary dwelling until the Land is restored to us. And even the customer of smashing a glass to the floor and then stomping on it at a wedding, right before the wedding ceremony is performed, is said to be because we must never allow our rejoicing to be complete, even on the most joyous of occasions, if the Land has not been restored to us.
https://x.com/GordonGChang/status/1820194528147747128
@Adam
I appreciate it.
@Ted: A truly brilliant exposition of the rights of Israel to “Palestine” under international law. I might ad that the interpretations of international law by the International Criminal Court, the World Court, and all of the international courts and tribunals established by the United Nations are soolely based on the perceived national interests of the countries that appoint the judges. They have no connection to international law as it is stated in the UN Charter and the League of Nations Charter that preceded it, or the “international instruments” guaranteed in both.
We all agree that the law, such as it is, is being ignored if it doesn’t match the preferred narrative. I think we all agree that the future was spelled out just before the British left Palestine. Since the Arabs, one and all, refused to accept that future, they attacked the newborn land of Israel and Jordan grabbed the so-called West Bank, while Egypt grabbed the Gaza Strip. Both Jordan and Egypt came to realize that they had made a mistake and they proclaimed that they prefer to allow Israel to keep these territories rather than manage them.
Now they have also realized, along with all the other Arab countries, that this situation provides a nice game to play: they fire up those Arabs that left Palestine and those that remained to be fixed on killing off the Jews that live in the region, all of it west of the Jordan River, under the assumption that they would inherit it. Nothing could be further from the truth. Even if modern day Israel were to be defeated by the Arabs, those so-called Palestinians would not inherit anything, even if they still have the keys to their homes (mostly no longer existing).
The Arabs who lived in the British mandate were given the option to remain and become citizens of Israel and some stayed and are quite happy with their decisions. Unfortunately, some allow themselves to be fired up with hatred of the Jews and the country of Israel and when they misbehave, they are punished just like Israelis are when they misbehave.
As mentioned in other comments, the only thing missing is an adequate punishment for their acts against the people of Israel whether Jewish or Moslem or even Christians. When you shorten a person’s life, yours should be abruptly shortened too and sometimes that happens, like when someone rams a vehicle into pedestrians or other vehicles and they get shot. The same applies to those living in other countries. When they “misbehave” by shooting missiles at Israel, they should be demolished – post haste. If they manage to hide behind their own populations, these poor people may suffer the consequences. If that happens often enough, they will find ways and means to discourage this kind of “misbehavior”. For some reason, that seems to be forbidden for Israel but the rest of the world seems to find that solution eminently satisfactory.
This is very troubling:
Trump allies hope his daughter Tiffany’s father-in-law can help flip Arab American votes in Michigan
https://apnews.com/article/trump-arab-americans-michigan-boulos-gaza-war-57abe06681457106a2e6ab107407edc6
Debbie Schlussel:
@Ted Belman Great article; very good comments, too.
Some misc thoughts:
1. We keep talking about the palestinians as if they were a real thing, and we allow our interlocutors to engage us with the same fantasy.
2. Some may have noticed this week that the state of Louisiana mandated that the Ten Commandments be posted in all public schools. The Left has for many years worked to expunge all mention of the Ten Commandments from the national public forum. This small, provincial, state of Louisiana has dared to challenge the elites. This is important because western culture is built upon this divine statement of justice and morality. Without the Ten Commandments, all “law” is nothing more than “rules” made by those in power to control everyone else.
3. Sooner or later, Israel must stand up to its enemies, and to its so-called friends, and say, “We will not do what you say, if it means our eventual destruction”. When we said, “Never Again”, we meant it.
4. Does anyone remember the lyrics to the song “Exodus” ?
This land is mine, God gave this land to me
This brave, this ancient land to me
And when the morning sun reveals her hills and plain
Then I see a land where children can run free
So take my hand and walk this land with me
And walk this lovely land with me
Though I am just a man when you are by my side
With the help of God I know I can be strong
To make this land our home
If I must fight, I’ll fight to make this land our own
Until I die,
This land is mine
Excellent review of the facts of international law concerning Israel by Ted.
It should also be pointed out that under the laws of nearly all nations, when the primary administrator or trustee of land or other property on behalf of a beneficiary that is not yet “of age” or otherwise ready to take possession of the property held in trust for him ,decides to resign as the trust administrator and ceases to be involved with the trust, the secondary trustee, if there is one, takes over his duties and becomes the primary trustee. In the case of the Mandate for Palestine, the League of Zions designated Britain as the Primary trustee and the “Zionist Organization” as the secondary trustee. In 1929, when the World Zionist Oranization united with lseveral smaller Jewish organizations under the name “Jewish Agency,” the British mandatory authorities recognized as the successor to the WZO and therefore the new secondary trustee.
The British withdrew from their role as trustee of Palestine on May 14, 1948. The next day, the secondary trusttee of the Palestine, the Jewish Agency, became the government of Palestine. The next day, it changed the name of the country to Israel and declared it to be the independent State of Israel. David Ben Gurion, the head of the Jewish Agency, became Prime minister, and other officers of the JewAgency became cabinet minister. Several organizations representing the Jews residing in Palestine were then added to the government. All this was in strict accordance with the twerms of the 1922 League of Nations mandate for Palestine. Since the new United Nations charter recognized the “international instruments” issued by its predeccessor organization, the League of Nations, as still valid unless specifically repealed or altered by the UN Trusteeship Council, the Jewish People, the designated beneficiary of the League of Nations mandate for Palestine, now came into its inheritance of the possessors of the Land of Israel,
I like Burgum.
Michael What is wrong with yawl Darlin??? You can’t distinguish between a Marxist, Stalinist, or a Troskiet. xoxoxo
The Biden Regime are Serial Liars.
https://open.substack.com/pub/lel817/p/the-biden-regime-are-serial-liars?r=1q2uiq&utm_campaign=post&utm_medium=web&showWelcomeOnShare=true
Good to know. I feel better about him, thanks for sending.
Michael
“Chairman Xi recognizes Marxist teaching”
First of all what Marx taught was never a dogma.
Xi is a result of a long LINE of Stalinism
Marx was always going for ending capitalism. Stalinism the opposite.
Do you understand this?
We must not mix up opposing ideologies
https://jewishinsider.com/2024/05/vance-puts-pro-israel-spin-on-isolationist-worldview-in-quincy-institute-speech/
https://thehill.com/homenews/senate/4627233-jd-vance-rips-biden-adminsitration-israel-wartime-effort-gaza/
https://www.youtube.com/watch?v=y2lGO4J4E70
I just heard on the radio that Trump’s running mate is down to 2 choices, Doug Bergum and JD Vance. I’m fine with Bergum but I am concerned about Vance. I’m not saying he’s anti-Israel but he is an isolationist which would amount to the same outcome should something happen to Trump, and he becomes president.
Excellent article! True, there is no Rule of Law in current reality – only globalists’ rule of power. Israel can not rely on Law, Israel can only rely on strength, superiority in technology, and what is most important – UNITY. The main enemy is inside Israel – globalists’ puppets and “progressivists.” The generals – those who destroyed the army, which led to Oct.7, who are doing everything to prolong the war – are enemies. People who do not understand what’s going on, who are against changing the judicial system, who are led by NHOs and are under lefties’ propaganda especially after Oslo and “Unilateral Disengagement” from Gaza, are weakening Israel. Both Temples fell because there was no unity in Israel.
Hi, Ted
Ah, you acknowledge the authority of Torah, then? If so, I agree with you. Fundamentalist Muslims, including Hamas, recognize the authority of Koran while doing lip service to the UN. Chairman Xi recognizes Marxist teaching, India recognizes Common Law, etc; but Israel’s self-acknowledged title deed is unique in having been written and signed by the King of the Universe.
Linda
I agree. I also agree with Frank Adam. The difference between you two seems to be that Frank is holding to an “ideal’, whether it be called Torah, Natural Law or something else, while you are describing the practicality of the moment. Still, you say,
“No civilized human being anywhere in the world should criticize Israel.”
When you use words like “should”, you imply some sort of authority that is greater than the “powers that be”. Right now, those “powers” are excommunicating a righteous man (Archbishop Bigano) from the official church; the duly elected President of the US is about to be sentenced to prison, along with Steve Bannon, Peter Navarro, Rudi Giuliani and hundreds of others who dared speak the truth about our dictatorial leaders; a Big Pharma monster continually kills innocent people by the millions, national economies have been artificially ruined, Russia and China freely help themselves of their neighbors’ territory, and Israel is accused of “genocide”. Yes, Frank, there truly IS a real law that ultimately will have its way with us; but in the meantime there seems to be quite a disconnect between it and the world power structure.
Ted is correct about Israel’s “title deed”; and until it and its author are universally acknowledged, the world will have no peace.
There is no Rule of Law, and facts are irrelevant when the world is governed by public opinion and encourages mob rule. This excellent article was very painful to read, Ted, because it documents how facts are sacrificed for political gain by leftism’s ends justify the means strategy to achieve and sustain political power. The lefists in Israel, as in the United States, are tools of the globalist elite predators. Leftist reporting by globalism’s mainstream media is a grossly manipulative, powerful propagandizing tool that presents FEELINGS as FACTS. In the real world of objective reality facts are facts, feelings are feelings, and honest investigative journalism reports facts, and leaves feelings on the editorial opinion page where they belong. We are living in an age of Orwellian deceit where truth and lies are reversed for political gain. Israel is being vilified as the aggressor for its legitimate defense in response to the barbaric Hamas attack on October 7th. Hamas savagery killed 1200 Israelis, many of whom were butchered, mutilated, and raped to death! No civilized human being anywhere in the world should criticize Israel. There was no genocide in Gaza!
Sebastien… Well said…
The only “international community” the left recognizes is the post WWII Communist, Muslim, Globalist, and Third World Kleptocracy dominated one. Everything before is dismissed as relics of “colonialism, racism, and imperialism.” True, your average shmo on the street doesn’t know or understand anything even if you try to explain it to them, but their leaders do. These institutions must be abolished. In the meantime, while waiting for hell to freeze over, the main thing should be to become as self-sufficient and sanction proof as possible. And the land must be liberated, the enemy fifth column must be evicted, terrorists executed – and in such a way as to strike terror in the masses that support them – and it must be resettled by Jews, heavily armed Jews. As far as the global goyim are concerned, history shows: “it’s easier to get forgiveness than permission.” But only so long as Israeli Jews’ own national unity and resolve remains unshaken.
@Frank
The fact remains that no Arab or European ncountry or
America is evening mentioning our title deeds.
This is somehow too simple. Law ad peace do indeed depend on the power to monopolise, control and use power with discretion whether locally inside a (nation) state or beyond the borders in the international arena. Most states keep a police force and even an executioner, besides reserving the right to bring in the army, “in aid of civil power.”
However law does exist as an accumulation of precedents, principles and so administrative short cuts to dealing with disputes, problems and disruption. It does matter because often enough events turn out as they would have had the law been followed in the first place, and more cheaply in blood and treasure than happens when using force. This is what gives diplomacy and international law its substance and limits conflicts as not worth the candle. It is is the reverse of the coin that war is policy by other [forceful] means. Policy needs forceful back up as is clear in the UN Charter progression (scattered about the articles) of what actions to take in a dispute starting with talks and moving through various sanctions.
Looking carefully at Israel and the Arabs the Arab case depends on the outright rejection of the right of the existing powers and laws to determine their case and so they have resorted to force but also the corruption of all existing non-forceful laws, institutions and custom. The situation does not necessarily dismiss the validity of law and the UN nor any other institution. It does reflect – to say the least – unfavorably on the Arabs as blinkered, suppremacist and imperialist.
Clearly and precisely written.
The only question is how can we give this information into the hands of people who can make the difference.
Or alternatively, how can we give this information to 100s of millions of people around the world who have been fed lies about Israeli illegal occupation…
She’s a,”strong” Zionist!!?? Laughable!