Affichage des articles dont le libellé est international law. Afficher tous les articles
Affichage des articles dont le libellé est international law. Afficher tous les articles

Israel's Legal International Right's Ignored by BDSers

Nadene Goldfoot                                                  
After King Solomon died in 920 BCE, Israel divided into Israel and Judah due to political differences.
King Saul ruled first, about 1,000 BC, then David,  followed by son Solomon.  Jordanians started
calling Judea and Samaria, the West Bank-west bank of the Jordan River.  
      What the BDS movement against Israel is doing is spreading lies about the legal rights that Israel has.  They are also hurting the very Palestinian Arabs that they think they are helping.  They are interferring with their rights to employment.  That's usually what meddlers do-mess up people's lives, not help them because they're poor at getting the facts.
                                                                         
BDS movement wants to stop Caterpiller from selling tractors in Israel.
"The Boycott, Divestment and Sanctions Movement (BDS Movement) is a global campaign attempting to increase economic and political pressure on Israel to comply with the stated goals of the movement: the end of Israel's occupation and colonization of Palestinian land and the Golan Heights, full equality for Arab-Palestinian citizens of Israel, and respect for the right of return of Palestinian refugees."  Arab Palestinans have had full equality since they became citizens.  They're in the Knesset and every other form of whatever citizens have.  The only difference for them is that they are not expected to enter the army.  Only those that have wanted to, like the Druze, do this.  The Arabs would like to flood the state with more Arab relatives connected to them, or not, but this is the one and only Jewish state.                                                    
War of Independence 1947-1949, Jews from the Holocaust, surviving those horrors only
to be met with a war in their new home-and this time they are soldiers.  

The balance is not to be altered.  We now have a ratio of 6 million Jews to 1.7 million Arab citizens of Israel.   The "OTHERS" the Palestinians want to come in are descendants of those  who were in the land when Israel became a state on May 14, 1948 fled, told to leave as the Arab armies were coming to take over and it was after that that they could have Jewish homes, treasures, etc.  They had their chance and blew it.  They followed the wrong people, not the Jews who begged them to stay.  Golan Heights is not going back to Arab hands who had it before and rained all the rockets, mortars and missiles from there down onto Israelis.  NO WAY!  Jews also have a right to live where they are in Judea and Samaria.   ABC sections have already been discussed.  Now, how about talking about peace and not continuance of attacking Israelis?  First, stop the attacks so that people are in the mood to talk about their problems and solving them.  
                                                                               
The mandate of Palestine covered ALL the land of Palestine.  What you're looking at today
is mostly what has become Jordan.

WWI lasted from July 28, 1914 to November 11, 1918; 4 years, 3 months, 2 weeks long.  It took place in Europe, Africa, the Middle East, the Pacific Islands, China and off the coast of South and North America.                                                        

  The Ottoman Empire and Bulgaria joined the Central Powers against the Allies.  Palestine was a part of the Ottoman Empire.  Turkey lost their Ottoman Empire.  The Arabs are still in denial about it.  
The facts are that after WWI  in 1922,  representatives of the Jewish people were in conferences with the Allies.   The League of Nations Mandate for Palestine was given to the British.  The body of the League of Nations  Mandate recognized the Jewish National Rights in the WHOLE of the mandated territory of Palestine.

Recognition was given because the Jews had such a historical connections with Palestine and needed to claim their rightful place where they had been forced out and was to reconstitute their National Home in this land of Palestine again.  The members of the League of Nations did not create the rights of the Jewish People.  What they did was RECOGNIZE A PRE-EXISTING RIGHT.  This was the 2,000 year old quest of the Jewish people to re-establish their homeland.
                                                                           
1949 Armistice Lines
By 1946, Israel's rights were preserved under the United Nations (UN) as well.  This is according to Article 80 of the UN CHARTER.  This established that nothing in the UN Charter should be construed to alter in any manner the rights whatsoever of any states or any  peoples or the terms of EXISTING INTERNATIONAL INSTRUMENTS.

These rights were unaffacted by the UN GENERAL ASSEMBLY RESOLUTION  181 of November 1947's Partition Plan, which was a NON-BINDING RECOMMENDATION  that was rejected by the Palestinians and the Arab states.   This is all documented.

JORDAN occupied the West Bank (Judea and Samaria-original Jewish land of the Israelites; king Saul, king David, King Solomon).  They had stolen the land by their illegal invasion in 1948 IN DEFIANCE of the UN SECURITY COUNCIL.  Then they had the temerity to annex the West Bank in 1950.  Remember, Abdullah was a prince from SAUDI ARABIA, not a native Palestinian, nor a Jew.  He was an outsider who had helped the Allies win WWI in the Middle East, same as the Jews did, only he had more men who fought.

Jordan's annexation of the WEST BANK was recognized by Pakistan and Great Britain but excluded the annexation of Jerusalem.  The ANNEXATION by Jordan was rejected by most of the international community, including THE ARAB STATES!  
                                                                           
Jordan insisted that the 1949 Armistice Line, the Israeli-Jordanian boundary until 1967, was not a recognized international border but ONLY A LINE SEPARATING ARMIES.  The Armistice Line Agreement specifically states:  NO PROVISION OF THIS AGREEMENT SHALL IN ANY WAY PREJUDICE THE RIGHTS, CLAIMS, AND POSITIONS OF EITHER PARTY HERETO IN THE PEACEFUL SETTLEMENT OF THE PALESTINE QUESTIONS, THE PROVISIONS OF THE AGREEMENT BEING DICTATED EXCLUSIVELY BY MILITARY CONSIDERATIONS.  (Article II.2)
                                                                                     
Israel-9 miles wide.  
NEVER was the word, "Occupation" used legally in other situations.  BUT ONLY IN THIS CASE, WITH THE WEST BANK AND GAZA, where no internationally recognized sovereign control previously existed, ISRAEL WAS LABELED WITH THE STIGMA AS AN "OCCUPIER."   There have been many other cases where international borders were crossed in armed conflicts and sovereign territory was seized; even in clear-cut cases of aggression.

EGYPT HAD BEEN OCCUPYING THE GAZA STRIP.  They also had invaded the land illegally in 1948, the time of Israel's announcement of their state which was the time of their fight, The War of Independence that was from November 29, 1947 to 1949 when the parties signed the Armistice Agreements.  This was a war started by the Arabs because they would not accept the UN partition resolution.  They came in from Syria, Lebanon and Egypt.   to reinforce local Arabs who were attacking Jews.
                                                                       
This was also a time that Jews held in Holocaust camps  were coming out of the Holocaust and needed a home.  They didn't want to return to Poland or Ukraine, places the native population had been helpers of the Nazis to kill them off.  They needed Israel and had been kept from there before even in 1940-41.Those that managed to arrive illegally themselves were thrust into fighting for their new country's life!

Where the prior holder of territory had seized that territory unlawfully, the state which subsequently takes that territory in the lawful exercise of SELF DEFENSE has, against that prior holder, better title.  So said Stephen Schwebel, former State Dept. Legal Advisor in 1970.  International jurists generally do draw a DISTINCTION between situations of "AGGRESSIVE CONQUEST"  after a war of "SELF DEFENSE".
The West Bank was to be part of the new Israel.  That was a deal.  It was stolen during an aggressive conquest.  Israel was fighting in self-defense.  Stephen Schwebel later headed the International Court of Justice in the Hague.                                  
2007; Judea/Samaria (West Bank)- Jewish towns. 

Israel only entered the West Bank AFTER repeated Jordanian artillery fire and ground movements across the previous armistice lines.  Jordan attacked at 10:00am.  Israel warned them to stop through contacts at the UN at 11:00am.  Jordan continued hitting Israel.  Israel's military action began at 12:45pm.  By then, Iraqi forces crossed Jordanian territory and were poised to enter the West Bank.  The temporary armistice boundaries of 1949 lost all validity the moment Jordanian forces revoked the armistice and attacked.     Israel took control of the West Bank as a result of a DEFENSIVE WAR.  
                                                                               
June 1967 IDF Finally were able to visit the Western Wall in Jerusalem after the battle was over 
and Israel had won.

Palestinians continue the fight by using the term, OCCUPATION, REPEATEDLY.  In this way they manage to reverse the causality of the conflict, and those judging it, the media, the governments, are too weak in their judgments to see the differences.  The people who use this term, Occupation or occupiers, are obfuscating this history.  The territorial disputes giving reasons to use BDS against Israel as one form of a weapon is not the result of a war imposed on Israel by a coalition of Arab states in 1967, rather more by the lies by the Palestinians.                                                                    
Gaza, Israel pulled out for the sake of Peace-Sharon was Prime Minister.
It took place from August 15 to September 12, 2005.  Instead,
they've been shelled by the Arabs from there.

The results of the fighting is that Israel was only expected to withdraw FROM THE TERRITORIES to secure and recognized boundaries.   Israel was not expected to withdraw from THE territories or ALL the territories captured in the Six Day War of 1967.  You may say this is being picky-but it's a part of law. Lawyers have to recognize these important but teeny words and what they mean legally. (UN Security Council Resolution 242) The UN Security Council recognized that Israel was ENTITLED TO PART OF THESE  TERRITORIES FOR NEW DEFENSIBLE BORDERS.  242 MEANT THAT iSRAEL WILL NOT WITHDRAW FROM ALL THE TERRITORIES.  

With Resolution 338, it became clear that ONLY NEGOTIATIONS WOULD DETERMINE WHICH PART OF THESE TERRITORIES WOULD BECOME ISRAELI TERRITORIES AND TERRITORIES TO BE KEPT BY ISRAEL'S ARAB COUNTERPART.                                                                               
According the the UN's charter Article 80, nothing should be construed to alter in any manner the rights.
Israel has legal rights with respect to the West Bank and Gaza Strip that appear to be ignored by international observers who keep saying that Israel is an OCCUPIER.  Israel is not a foreign OCCUPIER with no territorial rights.  Israel has strong historical rights to the land that were already RECOGNIZED by the main bodies serving as the source of international legitimacy in the previous century.  

Judea and Samaria are divided by further talks into areas A, B, and C.  One is for the Palestinians, one for the Jews and one they both are in.  The Palestinians build illegally in the wrong places,  yet the international community stays blind to what they do illegally.  
                                                                        
BDS'ers Crusading against Israelis

We already know that Israel  pulled out of Gaza completely in the name of a promised peace which has given them nothing but a constant rain, a storm of rockets, mortars and missiles.  This is the opposite of a promised peace.  This is what Israel has experienced by listening to the Left.  Now they must protect themselves from a people who do not care at all to have their own state and live in peace with their neighbor, Israel.  BDSers are simply Old Crusaders  wanting to draw Jewish blood.  

Resource: Occupied Territories to disputed Territories, by Dore Gold
https://en.wikipedia.org/wiki/Boycott,_Divestment_and_Sanctions
https://en.wikipedia.org/wiki/World_War_I




No Justice for Terrorist Victims in Judea in 2016

Nadene Goldfoot                                                                     
Dafna Meir, victim of terrorism

A Jewish mother of 6 children, Dafna Meir, was stabbed to death in her own home in front of 3 of her children in the  village of Otniel in Judea by Palestinian terrorists on January 17th, starting a rash of more stabbings of Jews in Judea-Samaria.  This was murder by any definition.  Her 17 year old, Renana,  was able to give the IDF and Shin Bet security force a description of the killer who was captured 2 days later.  It was 16 year old, Morrad Bader Abdullah,  who after stabbing their mother, had then watched movies. He had been hiding out in the Palestinian Arab town of Beit Amra, about 1.8 miles away  " located twelve kilometers southwest of Hebron.  The apple does not fall far from the tree. "Adais’s father said on Tuesday that he was “proud” of his son for carrying out the attack, the news site Walla quoted him as telling Palestinian media outlets. He also said that the soldiers who arrested his son interrogated all members of the family."
                                                                                         
Dafna Meir's children at her funeral
Why in Judea?  Judea is the southern part of ancient Israel which has now been labeled by Jordan as the West Bank.  This is the area that the Palestinians expect to take over and rename as Palestine. Since WWI's end, England had held the mandate for the region for 30 years.  When they left May 14, 1948, Jews living there declared the land as Israel once again which was decided after many meetings with the British and acceptance by the UN.  This acceptance by world order was challenged by the Arabs with a war that turned out to be Israel's War of Independence.  Palestinians have not accepted any peaceful decisions about becoming a state for the past 67 years, and have held their ground to want to drive Israelis into the sea instead.  Even after a gang attack of multiple Arab countries attacking Israel in 1967, with the result that Israel won that battle, have not deterred the Palestinians.  Now they are still trying to scare and drive Israelis out of the land.  Well, Jews were forced out of Israel-Judah in 70 CE with the Roman attack that burned down their Temple.  They're not about to ever leave again.  The land is an integral part of their religious beliefs.  It's even on a  higher level than Washington DC is to the Americans, or Paris is to the French.  The world evidently does not understand this connection.  It's where they were told to live by G-d.  
                                                                     
Meir Family before her death
Religious Jews are the ones who have been moving into Judea and Samaria since 1967, their ancient land that was not available to them before.  As if by the will of G-d, Israel won over an amazing attack on them that no gambler would have bet on.  Land that was theirs originally had been decided to be a part of Israel by the British, only to be given away by them to Abdullah, a royal prince without a nation to rule from Saudi Arabia, even though promised to be a part of the Jewish Homeland.  Then to have that Arab country make the false move of joining his compadres in attacking their good neighbor and losing this extra land was indeed a miracle in itself.  No one thought that the  Arabs still using the name of Palestinians, for Jews were also Palestinians before May 14, 1948, would want to settle down and maintain their own state.  They were an assortment of people who  had wandered in from surrounding Arab and non-Arab countries seeking work from Jews in the late 1800s.  To the Arab countries surrounding Israel, Jews were an anathama to them, Jews among Arabs, and this they could not tolerate!  The Palestinian Arabs were fodder for a fight, used as if pawns in a chess game to chase out the Jews.

Here we have Otniel, a village of 810 people of 130 families that is made up of very religious Jews, Orthodox who follow the rules of Judaism and know their ancient history.  They are thrilled to be living on land their forefathers had tread; lived and died on.  Their religion is coming to life for them by being here.  They are not people who were just suffering from religious persecution, but people who respect the land even more than others.  The problem lies in the rest of the world.  They do not see that Israelis should live in Judea and Samaria but must be saved for the Palestinians to make their own state-minus any Jews!!! They call Otniel an illegal settlement, not even giving it the right to be called a village or town.

  Even the USA, who is made up of many religions and people, thinks that a Palestine must be only Muslims.  After all, the fact that there are already 48 Muslim majority states in the world is not enough.  There must be the 49th for these belligerent people!  Nothing like bringing democracy to the area;  Israel is made up of 6 million Jews and 1.7 million Arabs, a smattering of Christians and others.  Even Bahia is in Israel.  Now, you go to Saudi Arabia and you will find only Muslims.  No Jews are allowed in Muslim countries.
                           
Otniel was established in 1983.  It lies in the southern Judaean Mountains, south of the famous city of Hebron, which itself is just 18 miles south of Jerusalem.  Everything is so close to each other in Israel.  It's a tiny state of 8,000 square miles.  It was in Hebron that Abraham bought from the Hebronites a plot of land, the Cave of Machpelah in Hebron, in which to bury Sarah, his wife and niece who had just died.  Joshua had assigned the city to Caleb, and it became a levitical city and a city of refuge.  King David reigned here first, before moving his capital to Jerusalem.  It's hard to study our Jewish history, read about Hebron and all that happened here and then know that the land is all belonging to Palestine and Jews are not allowed there.  This cannot happen.                                                      
                                                                             
In Otniel is a yeshiva, a religious school usually attended by future rabbis or others who will be experts in their history.  It is a hesder yeshiva headed by 2 rabbis which has an overseas program that attracts Jewish students from Australia and the USA.  The yeshiva itself was under attack in December 2002 when 4 students were killed and 10 wounded in a terrorist attack.  Then in November 21011, Rabbi Dan Martzbach was killed and 2 women wounded when an IDF patrol on alert for suspected terrorists fired on their car as they drove to the Cave of the Patriarchs to pray in the morning.
                                                                     
Shlomit Krigman, terrorist victim
This attack could have spurred on others.  8 days later on January 25th, Shlomit Krigman,23 years old ,  another woman but living in the older town of Beit Horon, was also stabbed to death by 2 Palestinian assailants.  Beit Horon is a town north of Otniel and much larger with a population in 2014 of 1,218.  It's also in Judea.    Started in December of 1977, it lies along the Route 443 between Modi[in and Jerusalem, which is the biblical pass of Beit Horon found in Joshua 10:10.  The population is a mix of secular and Orthodox Jews.  They have a religious elementary school that serves local children as well as those from surrounding villages.  There are also 3 nurseries and a kindergarten, 2 synagogues, a kollel, a mikvah for both women and men, and even a library. "Another woman, 58, was moderately injured in the attack, which took place outside a small market in Beit Horon.  Both attackers, one from nearby Beit Ur al-Tahta, and one from the Ramallah area, were shot and killed by a security guard.  .
                                                                                
Town of Beit Horon, Judea 
Krigman, who had previously served as a group leader for the Bnai Akiva Youth Group in Beit Horon, was spending time with her grandparents in the town when she was attacked, according to a message from the community sent out Tuesday morning.  She died later in Hadassah Hospital in Jerusalem.                           
On January 31st, urther north near Beit El in the Judea and Samaria district,  a Palestinian police officer went terrorist and shot and wounded 3 IDF soldiers at the Focus (checkpoint) leading to Ramallah.  The shooter was also "the driver of the Ramallah district attorney general as well."  He was shot and killed at the scene.  Beit El "Beit El is an Israeli town and local council is located in the Binyamin Region of Judea-Samaria. 
                                                                                 
Beit El
The Orthodox Jewish town is located in the hills north of Jerusalem, east of the Palestinian city of al-Bireh, adjacent to Ramallah. Beit El's  current population is 6,500 people.  It has grown from 2014 when there were 5,991.  This is where " Jacob slept and dreamt of the angels coming up and down a ladder (Genesis 28:19). 
 "In 1970, private Palestinian land of al-Bireh and Dura al-Qar was seized by military order for a military outpost and later on consigned to settlers for the purpose of civilian settlement." Remember, Israel had won the 1967 war and therefore got back land promised to them in the first place.  This was land needed for protection.  
"In 1977, Beit El was established on the "temporarily" requisitioned land. Seventeen families settled nearby the Israel Defense Forces base. Subsequently the community divided into two settlements. Beit El Aleph (Beit El A) was a residential religious community in the southern part of Beit El, populated by residents who worked in the free professions outside the yishuv. Beit El Bet (Beit El B) was settled on the northern hill around the yeshiva center, founded by Ya'akov Katz and Zalman Baruch Melamed,  partly by trespassing on private land and partly on land purchased by the Himnuta company (a subsidiary of JNF-KKL). It includes public buildings and civilian permanent homes and caravans." That was 37 years ago.
Israel disputes the illegal settlement charge on Jews in the (West Bank). " The international community considers Israeli settlements in the West Bank, including East Jerusalem, illegal under international law, though Israel disputes this. The International Court of Justice advisory ruling (2004) concluded that events that came after the 1967 occupation of the West Bank by Israel, including the Jerusalem Law, Israel's peace treaty with Jordan and the Oslo Accords, did not change the status of the West Bank (including East Jerusalem) as occupied territory with Israel as the occupying power." The International Court of Justice is a part of the UN.  The 15 members currently are:

Current Members

President
Vice-President
Judges
Registrar 




  • Philippe Couvreur 
  • (Belgium)

    •     Professor Eugene Kontorovich,
    •                                                 The International Law Lawyer I most admire
    • His new article " shows that under the universal rules that determine the borders 
    • of new states, Israel upon its creation have included the West Bank and Gaza. " 
    • Update: 11:54am the army medic arrested March 24 after being caught on video shooting a wounded, immobilized Palestinian terrorist in Hebron. and Bernie Sanders sniping about Israel killing 10,000 Palestinians-sniping without checking facts-read 10,000 somethings somewhere...
    • Anti-Israel Protesters Crash Jerusalem Mayor Barkat's Talk in San Francisco
      Dozens of pro-Palestinian protesters on Wednesday barged into a public lecture by Jerusalem Mayor Nir Barkat at San Francisco State University, shouting slogans and attempting to prevent him from speaking. "Anyone who thinks that calls for violence and incitement will be able to silence us or divert us from our position is mistaken," Barkat said. "We will continue to build, develop and strengthen the State of Israel and within it a united Jerusalem, and we will continue to voice our opinions and our legitimacy when we are invited to do so, even in places where they try to stop us."  (Jerusalem Post)  

    • Read more: http://forward.com/opinion/337996/hebron-shooting-makes-israels-top-brass-look-like-our-republican-party/#ixzz45AV7JD9n
       , http://forward.com/opinion/337996/hebron-shooting-makes-israels-top-brass-look-like-our-republican-party/?utm_content=daily_Newsletter_MainList_Title_Position-1&utm_source=Sailthru&utm_medium=email&utm_campaign=New%20Daily%202016-04-07&utm_term=The%20Forward%20Today%20Monday-Friday                              
    • Resource: The Jerusalem Report magazine, Feb. 22, 2016,  page 3, Stabbing Streak
    • https://en.wikipedia.org/wiki/Otniel
    http://www.jpost.com/Arab-Israeli-Conflict/Palestinian-teen-murdered-Dafna-Meir-in-Otniel-stabbing-then-watched-a-movie-445712
    http://www.timesofisrael.com/security-forces-capture-palestinian-suspecxt-shin-bet-capture-palestinian-who-stabbed-west-bank-woman-in-her-home/
    http://www.timesofisrael.com/security-forces-capture-palestinian-suspecxt-shin-bet-capture-palestinian-who-stabbed-west-bank-woman-in-her-home/
    http://www.icj-cij.org/court/index.php?p1=1  Internatonal Court of Justice
    https://en.wikipedia.org/wiki/Beit_Horon
    http://www.timesofisrael.com/woman-24-dies-of-wounds-after-stabbing-in-settlement-market/
    http://www.haaretz.com/israel-news/1.700534
    https://en.wikipedia.org/wiki/Beit_El
    http://www.law.northwestern.edu/faculty/profiles/eugenekontorovich/