"Misperceptions and Misrepresentations Undermine the Pursuit of Peace"

 

 Amir Tsarfati

   (IV) The October 24, 1945 Article 80 of the UN Charter incorporated the Mandate for Palestine into the UN Charter.  Accordingly, the UN or any other entity cannot transfer Jewish rights in Palestine – including immigration and settlement – to any other party. According to Article 80 of the UN Charter and the Mandate for Palestine, the 1967 war of self-defense returned Jerusalem and Judea and Samaria to its legal owner, the Jewish state.  Legally and geo-strategically the rules of “belligerent occupation” do not apply Israel’s presence in Judea and Samaria, since they are not “foreign territory,” and Jordan did not have a legitimate title over the West Bank.  Moreover, the rules of “belligerent occupation” do not apply in view of the 1994 Israel-Jordan Peace Treaty. The 1950-67 Jordanian occupation of Judea and Samaria violated international law and was recognized only by Britain and Pakistan.

*The 1949 4th Geneva Convention prohibits the forced transfer of populations to areas previously occupied by a legitimate sovereign power. However, Israel has not forced Jews to settle in Judea and Samaria, and Jordan’s sovereignty there was never legal.

*The November 29, 1947 UN General Assembly Partition Resolution 181 was a recommendation, lacking legal stature, superseded by the Mandate for Palestine. The 1949 Armistice (non-peace) Agreements between Israel and its neighbors delineated “non-territorial boundaries.”   

*The term “Palestine” was a Greek and then a Roman attempt (following the 135 CE Jewish rebellion) to eradicate Jews and Judaism from human memory. It substituted “Israel, Judea and Samaria” with “Palaestina,” a derivative of the Philistines, an arch enemy of the Jewish people, whose origin was not in Arabia, but in the Greek Aegian islands.  

  
*The aforementioned march of facts demonstrates that Secretary Blinken’s conventional wisdom on the Jewish settlements in Judea and Samaria is based on gross misperceptions and misrepresentations, which fuels infidelity to law, undermining the pursuit of peace.

(Ambassador (ret.) Yoram Ettinger)

 See the link below for a detailed account of what is true about Israel.

"The Status of Judea & Samaria (The West Bank) and Gaza and the Settlements in International Law"  (https://jcpa.org)