Thursday, June 2, 2011

Jewish Rights to "Palestine" According to International Law


1 comment:

Salubrius said...

What the League of Nations called a "mandate" the United Nations now refers to as a "trust". After awarding political rights over 99% of the land captured from the Ottoman Empire in the Middle East and the Maghreb to Arabs and Muslims, the San Remo Agreement awarded exclusive political rights to the remaining 1%. i.e. Palestine, to the Jews, but in trust until the Jews in the Diaspora could increase the Jewish Population in Israel that was expected to be a majority following the mass immigration. The Jews were also to prepare themselves to exercise the atttributed of sovereignty. These were recently listed by the courts in a case involving Klinghofer's heirs against the PLO. The PLO said it was entitled to state sovereign immunity and the court listed the attributes of a sovereign and held that the PLO didn;t show evidence of them. 537 F. 2d 44, 19 Fed. R. Serv. 3d (Callaghan) 1277, 1991 AMC 2751, 1991 U.S. App. Decisions, No. 90-9060 United States Court of Appeals for the Second Circuit, June 21, 1991.http://www.uniset.ca/other/cs4/937F2d44.html
In the British Mandate, the British were the Trustees and the trust "res" or thing that was held in trust was exclusive political rights to Palestine which is the right to political self determination. Rashid Khalidi, in his book "The Iron Cage" said the Arabs local to Palestine [whom the Soviets labeled "Palestinians" in the preamble of the PLO Charter drafted in Moscow in 1964) were ignored when it came to handing out political rights. When the British abandoned their trust in 1948 the beneficial interest of the Jews was transformed into a legal interest and Israel, as their representative gavined sovereignty over Palestine.
Read Howard Grief's excellent treatise, "Legal Foundations and borders of Israel under International Law" and you will find that when Great Britain and the United States ratified the Mandate in 1924 in a treaty entitled the Anglo-American convention, the terms of the mandate became the domestic law of the United States and England as well as International Law binding on them. For a shorter summary, see:Brand, Israeli Sovereignty over Jerusalem, Judea, and Samaria, http://www.think-israel.org/brand.jewishsovereignty.html For a discussion of Soviet Russia's involvement, see: Brand, Soviet Russia, The Creators of the PLO and the Palestinian People, http://www.think-israel.org/brand.russiatheenemy.html

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