Few seem to know about the Palestinian Authority's vast illegal settlement program in Judea and Samaria (also known as the West Bank) and the strategy behind it.
The statement: “the Israeli settlements are a big hinder for peace” is one of the most ridiculous lies created by the Palestinian Authority, repeated by leftist media and believed by the corrupt UN and the blue-eyed antisemitic West. This belief comes from the same pattern than every other fabricated lie because people don’t think rationally and don’t want to know the truth which is usually the opposite of what continually has been told. Judea and Samaria are the Israeli heartland, the cradle of Jewish history, culture and religion. Fabricated “Palestinians” have no roots on those areas so the statement of the ICJ that the Jews should withdraw from those areas and East Jerusalem was the most absurd and arrogant I’ve ever heard. As is the plan to create an Islamic state of Palestine on those areas inside small Israel. “That would bring peace in the Middle-East”. (What could go wrong?!) I cannot believe that even the Western leaders would be so stupid believing that lie but unfortunately their deeds show that they really are stupid. There is no other word besides antisemitism to describe that fact. The Muslims have already over 50 states, Israel only one tiny state. So why in the world Arabs who originally come from neighboring Arab states (between 1890-1948) and who have shown NO ability in living in peace should get a state inside Israel!?!?! F***ing corrupted antisemitic International Community that is conquered by Islamists, dictatorships and leftist-marxist policies! I am ashamed of the President and the Foreign Ministry of my own country Finland who have affiliated with their point of view concerning Israel and so called “Palestinian” Arabs. Those leaders of my country have recently received some “teaching” letters from me and many other fervent Israel friends…😊
Every Jew with any integrity should immediately vacate every inch of land The Noble Koran designates as Palestine. And that land should be given to the very people The Noble Koran calls "Palestinians."
To find the precise boundaries of this land as set out in The Noble Koran, google "Koran Palestine."
To prove beyond a shadow of doubt the connection of this particular people to this particular land, google "Koran Palestinians."
On the other, to prove that there were no such thing as Jews, Israelites, God's Covenant with the Jews of a Promised Land, google "Koran Jews, Israelites, Moses" to see for yourself that they are nowhere to be found in The Noble Koran.
Thus The Noble Koran proves once and for all the absolute legitimacy of all Palestinian claims.
Thanks for the info. I had heard before about illegal Palestinian construction on area C but right now I think Israel needs to draw its borders and forget dealing with PA. You can’t make a truce or discuss disputes with Islam. Israel should know that.either take all of the mandate or all of area C. It seems crazy to me as an outsider that anyone would be forced to negotiate with terrorism. PA is a terrorist organization whether the world accepts that or not. Pay to slay is terrorism!
Great article! 1 quibble though.....you refer to "Palestinians" without using scare quote marks around the term to indicate its fallaciousness. A better term would be "Arabs", or "the Arabs who live in the disputed territories". There is a Chinese proverb that "the beginning of wisdom is to call things by their right names." Let's start to do that.
How can the area be disputed if it is Israeli land under the default international law of UTI Possidetis Juris - applied when Israel declared its independence?
Nachum: I agree with at least 90% of what you wrote here. But there is one point that I have a question about: "The Jewish extremists, not all of whom live in Judea and Samaria, who attack Palestinians are problematic and should be brought under control, as should those who build illegal Jewish outposts." I fully agree! But from what I read (Times of Israel, not the NY Times, not Haaretz) neither the Jewish extremists nor the illegal outposts are being brought under control, especially now that Ben Gvir is in the government. Is that a correct impression?
Thank you for the facts and historical content about this egregious situation. I'm so perplexed at a country like Israel who fought for, and won and acquired land, only to give much of it back to an enemy. Men and women died to win wars for Israel, and to give it back and be abused is absurd. I would think the Israeli government understands the Arab mind better than anyone, and yet to give back what was won to the PA who would like to bury Jewish history is appalling. The news media not covering these facts is not surprising, but our Western leaders should be ashamed. Watching a documentary a while back, Abbas laughed when the Oslo Accords was mentioned. Is it any wonder why? He has gotten the best part of the deal, with or without the Oslo Accords or by any legal means. The maps, show a jumbled mess, that makes it ripe for conflict. Israel cannot afford to make the mistakes it had in the past, as was evident on October 7th.
Very interesting. I suppose that the counter argument is that if - big if - the Palestinians actually wanted a State it needs to be big enough to be viable so while the territory is disputed most of it should be left available for a potential future Palestinian State. Centrists want to keep this option open at least in theory
Interesting perspective. I found this article eye-opening, as someone who hithertofore felt vaguely bad about West Bank Israeli settler violence without knowing anything about the overall history and context. I would love to read an opposing view by someone reasonable and educated just to see what the other side would say.
This article relies heavily on the Oslo Accords. Regardless of the fact that they are drawn up between two political rather than two commercial entities, viz. Israel and the PA, they are nonetheless legal contracts and as such the usual and customary provisions of Contract Law applies to them.
One such provision is "Material Breach of Contract" defined as
"when a party fails to fulfill a significant obligation in a contract, causing substantial harm to the other party. A material breach can:
-Substantially defeat the purpose of the contract
-Deprive the injured party of a benefit they reasonably expected
-Make it impossible for the non-breaching party to receive what was agreed to" ~ see google: Material Breach of Contract.
Even a cursory reading of the Accords and a passing knowledge of local events, such as the second intifada, the PA pay-for-slay program, and what is taking place in Gaza reveals that the PA has materially breached the contract rendering it null and void. It only remains for the Israeli government to finally discover that it actually does possess cajones in its pants and take immediate legal action to formally terminate the contract.
Thank you. What is the intended audience for this essay? "...to create a Jewish state in Palestine..." At that point for those even less informed than you may imagine, it might be good there to provide 1 or 2 sentences explaining the oft repeated info of how and why the name 'palestine' became a thing nearly 2000 years ago. Who in your mind or imagination are the so-called "palestinians". Aren't they actually Arabs? If not when and how did they, if they did, get from being Arabs to being so-called "palestinians"? I think Einat Wilf use of the term "Palestinianism" is a guiding light of a concept. In her excellent recent interview on 18forty youtube/podcast Wilf said, to my surprise, that settlements can begin in earnest when Israel sets Legal Sovereignty over Judea & Samaria. That was a pleasant surprise. And may we soon experience many very positive surprises regarding Judea & Samaria... and more. "All things in their time and season" Kohelet
The issue the settlers, and, inextricably connected to it, the status of the "West Bank," "East Jerusalem," and Gaza is not a matter of belief, public opinion, or political expediency, but one of law as they come under International Law, Customary International Law including International Humanitarian Law. All these laws are governed by the UN Charter. As such, all resolutions passed by the UN Security Council and all legal decisions handed down by the ICJ are supposed to conform and support the UN Charter.
There are several mechanisms by which the Security Council and IJC's decisions that violate the Charter can be corrected, none of which would support Israel if it made a claim that these two bodies' had indeed violated the Charter. Such is the game of politics, where even Law is ignored if it does not serve political interests.
Firstly, we must turn to. the League of Nations, predecessor to the UN and whose responsibilities and commitments it accepted as legally binding.
League of Nations principles upon which British Palestine Mandate to be founded:
Whereas the Principal Allied Powers have agreed, for the purpose of giving effect to the provisions of Article 22 of the Covenant of the League of Nations, to entrust to a Mandatory selected by the said Powers the administration of the territory of Palestine, which formerly belonged to the Turkish Empire, within such boundaries as may be fixed by them; and
Whereas the Principal Allied Powers have also agreed that the Mandatory should be responsible for putting into effect the declaration originally made on November 2nd, 1917, by the Government of His Britannic Majesty, and adopted by the said Powers, in favor of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing should be done which might prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country; and
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; and
Whereas the Principal Allied Powers have selected His Britannic Majesty as the Mandatory for Palestine; . . .
ART. 6.
The Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions and shall encourage, in co-operation with the Jewish agency referred to in Article 4, close settlement by Jews on the land, including State lands and waste lands not required for public purposes.
Regarding the UN's role, we must bear in mind the International Law of Uti possidetis juris whose principle is that newly formed countries should retain the borders of the dependent area they were before gaining independence.
Article 80 of the UN Charter, "the Palestine Article," protects the right of Jewish people to settle in the area, making it equivalent to the right of the existing population to live there. Article 80 also states that nothing in Chapter XII of the Charter should change the rights of states or peoples, or the terms of existing international instruments.
To be precise: “1. Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trusteeship system, and until such agreements have been concluded, 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.
2. Paragraph 1 of this Article [80] shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion of agreements for placing mandated and other territories under the trusteeship system as provided for in Article 77.”"
and the International Court of Justice (ICJ) reaffirmed the meaning and validity of Article 80 in three separate cases: 1950, 1971, and as recently as 2004.
Conclusion: the UN Security Council and the IJC violate the UN Charter by endowing arabs with the lands by law belonging to Israel:
"Starting in 1974, Palestinian territories were named 'Occupied Arab Territories' in UN documents. In 1982, the phrase 'Occupied Palestinian Territories' became the usual name. This phrase was not used at the UN before 1967 when the same territories were under military occupation by Jordan and Egypt."
The statement: “the Israeli settlements are a big hinder for peace” is one of the most ridiculous lies created by the Palestinian Authority, repeated by leftist media and believed by the corrupt UN and the blue-eyed antisemitic West. This belief comes from the same pattern than every other fabricated lie because people don’t think rationally and don’t want to know the truth which is usually the opposite of what continually has been told. Judea and Samaria are the Israeli heartland, the cradle of Jewish history, culture and religion. Fabricated “Palestinians” have no roots on those areas so the statement of the ICJ that the Jews should withdraw from those areas and East Jerusalem was the most absurd and arrogant I’ve ever heard. As is the plan to create an Islamic state of Palestine on those areas inside small Israel. “That would bring peace in the Middle-East”. (What could go wrong?!) I cannot believe that even the Western leaders would be so stupid believing that lie but unfortunately their deeds show that they really are stupid. There is no other word besides antisemitism to describe that fact. The Muslims have already over 50 states, Israel only one tiny state. So why in the world Arabs who originally come from neighboring Arab states (between 1890-1948) and who have shown NO ability in living in peace should get a state inside Israel!?!?! F***ing corrupted antisemitic International Community that is conquered by Islamists, dictatorships and leftist-marxist policies! I am ashamed of the President and the Foreign Ministry of my own country Finland who have affiliated with their point of view concerning Israel and so called “Palestinian” Arabs. Those leaders of my country have recently received some “teaching” letters from me and many other fervent Israel friends…😊
Your”NobleKoran” is lying. There is only one truth and you find it in the Holy Bible!
Every Jew with any integrity should immediately vacate every inch of land The Noble Koran designates as Palestine. And that land should be given to the very people The Noble Koran calls "Palestinians."
To find the precise boundaries of this land as set out in The Noble Koran, google "Koran Palestine."
To prove beyond a shadow of doubt the connection of this particular people to this particular land, google "Koran Palestinians."
On the other, to prove that there were no such thing as Jews, Israelites, God's Covenant with the Jews of a Promised Land, google "Koran Jews, Israelites, Moses" to see for yourself that they are nowhere to be found in The Noble Koran.
Thus The Noble Koran proves once and for all the absolute legitimacy of all Palestinian claims.
Yawn
Thanks for the info. I had heard before about illegal Palestinian construction on area C but right now I think Israel needs to draw its borders and forget dealing with PA. You can’t make a truce or discuss disputes with Islam. Israel should know that.either take all of the mandate or all of area C. It seems crazy to me as an outsider that anyone would be forced to negotiate with terrorism. PA is a terrorist organization whether the world accepts that or not. Pay to slay is terrorism!
Great article! 1 quibble though.....you refer to "Palestinians" without using scare quote marks around the term to indicate its fallaciousness. A better term would be "Arabs", or "the Arabs who live in the disputed territories". There is a Chinese proverb that "the beginning of wisdom is to call things by their right names." Let's start to do that.
How can the area be disputed if it is Israeli land under the default international law of UTI Possidetis Juris - applied when Israel declared its independence?
Nachum: I agree with at least 90% of what you wrote here. But there is one point that I have a question about: "The Jewish extremists, not all of whom live in Judea and Samaria, who attack Palestinians are problematic and should be brought under control, as should those who build illegal Jewish outposts." I fully agree! But from what I read (Times of Israel, not the NY Times, not Haaretz) neither the Jewish extremists nor the illegal outposts are being brought under control, especially now that Ben Gvir is in the government. Is that a correct impression?
Broadly, that is correct, it has gotten worse since Ben Gvir.
I find this distressing regardless of the egregious actions of the other side.
Thank you so much for setting the record straight !!!.....Why is still called the West Bank ?....It is Judea and Samaria and belongs to Israel !.....
Not Palestinians. They are actually Hamastinians.
Illegal settlements with no Jews in them aren’t illegal settlements, so far as the world is concerned.
Thank you for the facts and historical content about this egregious situation. I'm so perplexed at a country like Israel who fought for, and won and acquired land, only to give much of it back to an enemy. Men and women died to win wars for Israel, and to give it back and be abused is absurd. I would think the Israeli government understands the Arab mind better than anyone, and yet to give back what was won to the PA who would like to bury Jewish history is appalling. The news media not covering these facts is not surprising, but our Western leaders should be ashamed. Watching a documentary a while back, Abbas laughed when the Oslo Accords was mentioned. Is it any wonder why? He has gotten the best part of the deal, with or without the Oslo Accords or by any legal means. The maps, show a jumbled mess, that makes it ripe for conflict. Israel cannot afford to make the mistakes it had in the past, as was evident on October 7th.
Very informative article, I learned alot.
Very interesting. I suppose that the counter argument is that if - big if - the Palestinians actually wanted a State it needs to be big enough to be viable so while the territory is disputed most of it should be left available for a potential future Palestinian State. Centrists want to keep this option open at least in theory
Interesting perspective. I found this article eye-opening, as someone who hithertofore felt vaguely bad about West Bank Israeli settler violence without knowing anything about the overall history and context. I would love to read an opposing view by someone reasonable and educated just to see what the other side would say.
This article relies heavily on the Oslo Accords. Regardless of the fact that they are drawn up between two political rather than two commercial entities, viz. Israel and the PA, they are nonetheless legal contracts and as such the usual and customary provisions of Contract Law applies to them.
One such provision is "Material Breach of Contract" defined as
"when a party fails to fulfill a significant obligation in a contract, causing substantial harm to the other party. A material breach can:
-Substantially defeat the purpose of the contract
-Deprive the injured party of a benefit they reasonably expected
-Make it impossible for the non-breaching party to receive what was agreed to" ~ see google: Material Breach of Contract.
Even a cursory reading of the Accords and a passing knowledge of local events, such as the second intifada, the PA pay-for-slay program, and what is taking place in Gaza reveals that the PA has materially breached the contract rendering it null and void. It only remains for the Israeli government to finally discover that it actually does possess cajones in its pants and take immediate legal action to formally terminate the contract.
Excellent explanation. I’m not sure why the area is even disputed since the IDF took back in 1967 what was initially Israel in 1948.
“Settlements” are the excuse for Jews to turn against each other, instead of the barbaric savages trying to murder us all.
Thank you. What is the intended audience for this essay? "...to create a Jewish state in Palestine..." At that point for those even less informed than you may imagine, it might be good there to provide 1 or 2 sentences explaining the oft repeated info of how and why the name 'palestine' became a thing nearly 2000 years ago. Who in your mind or imagination are the so-called "palestinians". Aren't they actually Arabs? If not when and how did they, if they did, get from being Arabs to being so-called "palestinians"? I think Einat Wilf use of the term "Palestinianism" is a guiding light of a concept. In her excellent recent interview on 18forty youtube/podcast Wilf said, to my surprise, that settlements can begin in earnest when Israel sets Legal Sovereignty over Judea & Samaria. That was a pleasant surprise. And may we soon experience many very positive surprises regarding Judea & Samaria... and more. "All things in their time and season" Kohelet
Oops, forgive me, made a typo or two. To emend:
The issue the settlers, and, inextricably connected to it, the status of the "West Bank," "East Jerusalem," and Gaza is not a matter of belief, public opinion, or political expediency, but one of law as they come under International Law, Customary International Law including International Humanitarian Law. All these laws are governed by the UN Charter. As such, all resolutions passed by the UN Security Council and all legal decisions handed down by the ICJ are supposed to conform and support the UN Charter.
There are several mechanisms by which the Security Council and IJC's decisions that violate the Charter can be corrected, none of which would support Israel if it made a claim that these two bodies' had indeed violated the Charter. Such is the game of politics, where even Law is ignored if it does not serve political interests.
Firstly, we must turn to. the League of Nations, predecessor to the UN and whose responsibilities and commitments it accepted as legally binding.
League of Nations principles upon which British Palestine Mandate to be founded:
Whereas the Principal Allied Powers have agreed, for the purpose of giving effect to the provisions of Article 22 of the Covenant of the League of Nations, to entrust to a Mandatory selected by the said Powers the administration of the territory of Palestine, which formerly belonged to the Turkish Empire, within such boundaries as may be fixed by them; and
Whereas the Principal Allied Powers have also agreed that the Mandatory should be responsible for putting into effect the declaration originally made on November 2nd, 1917, by the Government of His Britannic Majesty, and adopted by the said Powers, in favor of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing should be done which might prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country; and
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; and
Whereas the Principal Allied Powers have selected His Britannic Majesty as the Mandatory for Palestine; . . .
ART. 6.
The Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions and shall encourage, in co-operation with the Jewish agency referred to in Article 4, close settlement by Jews on the land, including State lands and waste lands not required for public purposes.
For more detail, see: https://avalon.law.yale.edu/20th_century/palmanda.asp
Regarding the UN's role, we must bear in mind the International Law of Uti possidetis juris whose principle is that newly formed countries should retain the borders of the dependent area they were before gaining independence.
Article 80 of the UN Charter, "the Palestine Article," protects the right of Jewish people to settle in the area, making it equivalent to the right of the existing population to live there. Article 80 also states that nothing in Chapter XII of the Charter should change the rights of states or peoples, or the terms of existing international instruments.
To be precise: “1. Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trusteeship system, and until such agreements have been concluded, 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.
2. Paragraph 1 of this Article [80] shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion of agreements for placing mandated and other territories under the trusteeship system as provided for in Article 77.”"
and the International Court of Justice (ICJ) reaffirmed the meaning and validity of Article 80 in three separate cases: 1950, 1971, and as recently as 2004.
For further details, see: https://www.algemeiner.com/2011/09/22/article-80-and-the-un-recognition-of-a-%E2%80%9Cpalestinian-state%E2%80%9D/
Conclusion: the UN Security Council and the IJC violate the UN Charter by endowing arabs with the lands by law belonging to Israel:
"Starting in 1974, Palestinian territories were named 'Occupied Arab Territories' in UN documents. In 1982, the phrase 'Occupied Palestinian Territories' became the usual name. This phrase was not used at the UN before 1967 when the same territories were under military occupation by Jordan and Egypt."