History proves settlements´ legality (ISRAEL HAYOM OP-ED) Ze´ev Jabotinsky 07/12/12)
Source: http://www.israelhayom.com/site/newsletter_opinion.php?id=2224
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This week, a government-appointed committee, headed by former Supreme
Court Justice Edmond Levy, issued its findings on the legal status of
outposts in Judea and Samaria. The report explicitly concluded that
the establishment of settlements does not constitute a violation of
international law.
Committee member Dr. Alan Baker, a world-renowned expert on
international law, said in an interview: "In terms of international
law, it is not illegal to settle in Judea and Samaria, and that is
the central, important conclusion that has been absent until now."
Later in the interview, he clarified that the settlements do not
qualify as occupied territories because no one ever had any
recognized sovereignty over Judea and Samaria. Even if there had been
official sovereignty (meaning Jordan´s claim of sovereignty,
recognized only by Pakistan and Britain), Jordan voluntarily
relinquished it (by signing the peace agreement with Israel), he
explained.
The astonished Left quickly embarked on a mission to undermine the
legitimacy of the committee´s findings. But that is a difficult task
because the findings rest on the following facts: Turkey´s defeat in
World War I was the jumping-off point for the international law
pertaining to sovereignty over the State of Israel, west of the
Jordan River. In his book "Principles of International Law,"
international law expert Ian Brownlie wrote that after the defeat of
the central powers, the victorious states assumed the power of
disposition over colonial territories of the defeated states.
Within the framework of the 1919 Paris Peace Conference, the victor
states mediated a dialogue between Jews and Arabs on the issue of the
future of the territory of Palestine: Would it be a Jewish state or
an Arab state? On Feb. 6, 1919, King Faisal bin Hussein bin Ali al-
Hashemi appeared at the conference and argued in favor of Arab
sovereignty over Palestine (on both sides of the Jordan River). On
Feb. 27, 1919, Haim Weizmann addressed the conference and argued for
the Jews´ right to sovereignty over the same land. The victor states
deliberated and decided that the Jews´ right overpowered the Arabs´
right to the land, especially since the rest of the Middle East –
Syria, Lebanon and Iraq – was designated for the Arabs. The League of
Nations composed a contract-like document called the Mandate of
Palestine in the spirit of that decision.
This document was unique in that it protected the civil and religious
rights of all the residents of the land, while granting the right to
self-determination, future sovereignty and governance only to the
Jews, upon the expiration of the mandate. The key clause can be found
in the third paragraph of the introduction: "Whereas recognition has
thereby been given to the historical connection of the Jewish people
with Palestine and to the grounds for reconstituting their national
home in that country."
This document was ratified by the San Remo Conference (an
international meeting of the post-World War I Allied Supreme Council)
in April 1920, and it was unanimously approved by the League of
Nations in July 1922. That was the moment the Jews´ sole sovereignty
over the Land of Israel was recognized, and this recognition became
part of international law, which hasn´t changed since then.
These historical facts are precisely the basis for the committee´s
findings.
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