Date: 22 Apr 2011
Whose Land is Palestine? Jews are "In Palestine as of Right and Not on Sufferance" \\\\\\\\\\ Winston Churchill \\\\\\\\\ British Secretary of State for the Colonies June 1922\\\\\\\\\\ April 21, 2011 | Eli E. Hertz\\\\\\\ International law expert Professor Eugene V. Rostow, a key draftee of the 1967 UN Security Council Resolution 242, examining the claim for Arab Palestinian self-determination on the basis of law, concluded: [1] \\\\\\\\\\\\ "The Mandate [for Palestine] [2] implicitly denies Arab claims to national political rights in the area in favor of the Jews; the mandated territory was in effect reserved to the Jewish people for their self-determination and political development, in acknowledgment of the historic connection of the Jewish people to the land. Lord Curzon, who was then the British Foreign Minister, made this reading of the mandate explicit. There remains simply the theory that the Arab inhabitants of the West Bank and the Gaza Strip have an inherent 'natural law' claim to the area. Neither customary international law nor the United Nations Charter acknowledges that every group of people claiming to be a nation has the right to a state of its own." [italics by author] \\\\\\\\\ Political rights to self-determination as a polity for Arabs, were guaranteed by the League of Nations in four other mandates - in Lebanon and Syria [The French Mandate], Iraq and later Trans-Jordan [The British Mandate]. \\\\\ -------------------------------------------------------------------------------- \\\\\\\\\\\ [1] See Eugene V. Rostow, The Future of Palestine, Institute for National Strategic Studies, November 1993. Professor Rostow was Sterling Professor of Law and Public Affairs Emeritus at Yale University and served as the Dean of Yale Law School (1955-66); Distinguished Research Professor of Law and Diplomacy, National Defense University; Adjunct Fellow, American Enterprise Institute. In 1967, as U.S. Under-Secretary of State for Political Affairs, he became a key draftee of UN Security Council Resolution 242. See also his article: "Are Israel's Settlements Legal?" The New Republic, October 21, 1991. \\\\\\\\\\\ [2] "Mandate for Palestine" at: http://mythsandfacts.com/ \\\\\\\\\\\\ #1 \\\\\\\\\\\ The "Mandate for Palestine" is the Best Reply to "Occupation" \\\\\\ December 23, 2009 | Eli E. Hertz \\\\\\\\ Dear friend, \\\\\\\\ Have you ever asked yourself why during the period between 1917 and 1947 hundreds of thousands of Jews throughout the world woke up one morning and decided to leave their homes and go to Palestine? The majority did this because they heard that a future National Home for the Jewish people was being established in Palestine, on the basis of the League of Nations' obligation under the "Mandate for Palestine." This historical document laid down the Jewish legal right to settle anywhere in western Palestine, the area between the Jordan River and the Mediterranean Sea, an entitlement unaltered in international law. \\\\\\\\\\\ The "Mandate for Palestine" was not a naïve vision briefly embraced by the international community. Fifty-one member countries - the entire League of Nations - unanimously declared on July 24, 1922: \\\\\\\\\\\ "Whereas recognition has been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country." \\\\\\\\\\\ American Support for a Jewish National Home: \\\\\\\\\\ On June 30, 1922, a joint resolution (the Lodge Fish Resolution) of both Houses of Congress of the United States unanimously endorsed the "establishment in Palestine of a national home for the Jewish people," confirming the irrevocable right of Jews to settle in the area of Palestine – anywhere between the Jordan River and the Mediterranean Sea: \\\\\\\\\\\ "Favoring the establishment in Palestine of a national home for the Jewish people. \\\\\\\\\ "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the United States of America favors the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing shall be done which should prejudice the civil and religious rights of Christian and all other non-Jewish communities in Palestine, and that the holy places and religious buildings and sites in Palestine shall be adequately protected." [italics in the original] \\\\\\\\\\ On September 21, 1922, President Warren G. Harding signed the Lodge-Fish Resolution, endorsing the Balfour Declaration and the establishment of a Jewish homeland in Palestine. \\\\\\\\ The U.S. Government (not a member of the League of Nations) maintained that her participation in WWI and her contribution to the defeat of Germany and the defeat of her Allies, entitled the United States to be consulted as to the terms of the "Mandate for Palestine." \\\\\\\\\\ The outcome of this request was a "Convention [Treaty] between the United States of America and the United Kingdom with respect to the rights of the two governments and their nationals in Palestine," a relationship governed by international law. The Convention contains the entire text of the "Mandate for Palestine" including the preamble and was concluded and signed by their respective plenipotentiaries in London on December 3, 1924; Ratification advised by the Senate, February 20, 1925; Ratified by President Calvin Coolidge, March 2, 1925; Ratified by Great Britain, March 18, 1925; Ratifications exchanged at London, December 3, 1925; Proclaimed, December 5, 1925. \\\\\\\\\\ In ratifying the Convention, the United States of America formally recognized the terms of the "Mandate for Palestine" and the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country. \\\\\\\\ Any attempt to negate the Jewish people's right to Palestine - Eretz-Israel - and to deny them access and control in the area designated for the Jewish people by the League of Nations is an actionable infringement of both international law and the Supremacy Clause (Article VI, paragraph 2 of the United States Constitution), which dictates that Treaties "shall be the supreme Law of the Land". \\\\\\\\\ We collectively and individually must do all we can to support the Jewish people and the state of Israel. There is no more crucial time than today, and I believe that this body has the capacity to help defeat the "Occupation" mantra by insisting that the land of Israel has been given to the Jewish people as of right, and in accordance with existing international law. \\\\\\\\\\ Palestinians | Eli E. Hertz \\\\\\\\\ Palestinians ‘Peoplehood’ Based on a Big Lie Eli E. Hertz \\\\\\\\\\\\ The Palestinians claim that they are an ancient and indigenous people fails to stand up to historic scrutiny. Most Palestinian Arabs were newcomers to British Mandate Palestine. Until the 1967 Six-Day War made it expedient for Arabs to create a Palestinian peoplehood, local Arabs simply considered themselves part of the ‘great Arab nation’ or ‘southern Syrians.’ \\\\\\\\\\\\ “Repeat a lie often enough and people will begin to believe it.” Nazi propaganda master Joseph Goebbels \\\\\\\\\\ “All [that Palestinians] can agree on as a community is what they want to destroy, not what they want to build.” New York Times columnist Thomas Friedman \\\\\\ There is no age-old Palestinian people. Most so-called Palestinians are relative newcomers to the Land of Israel \\\\\\\\ Like a mantra, Arabs repeatedly claim that the Palestinians are a native people. The concept of a ‘Stateless Palestinian people’ is not based on fact. It is a fabrication. \\\\\\ Palestinian Arabs cast themselves as a native people in “Palestine” – like the Aborigines in Australia or Native Americans in America. They portray the Jews as European imperialists and colonizers. This is simply untrue.\\\\\\\\\\\ Until the Jews began returning to the Land of Israel in increasing numbers from the late 19th century to the turn of the 20th, the area called Palestine was a God-forsaken backwash that belonged to the Ottoman Empire, based in Turkey. \\\\\\\\ The land’s fragile ecology had been laid waste in the wake of the Arabs’ 7th-century conquest. In 1799, the population was at it lowest and estimated to be no more than 250,000 to 300,000 inhabitants in all the land. \\\\\\\\\\\ At the turn of the 20th century, the Arab population west of the Jordan River (today, Israel and the West Bank) was about half a million inhabitants and east of the Jordan River perhaps 200,000. \\\\\\\\\ The collapse of the agricultural system with the influx of nomadic tribes after the Arab conquest that created malarial swamps and denuded the ancient terrace system eroding the soil, was coupled by a tyrannous regime, a crippling tax system and absentee landowners that further decimated the population. Much of the indigenous population had long since migrated or disappeared. Very few Jews or Arabs lived in the region before the arrival of the first Zionists in the 1880s and most of those that did lived in abject poverty.\\\\\\\\\\\ Most Arabs living west of the Jordan River in Israel, the West Bank (Judea and Samaria) and Gaza are newcomers who came from surrounding Arab lands after the turn of the 20th century because they were attracted to the relative economic prosperity brought about by the Zionist Movement and the British in the 1920s and 1930s. \\\\\\\\\\\\ This is substantiated by eyewitness reports of a deserted country – including 18th-century reports from the British archaeologist Thomas Shaw, French author and historian Count Constantine Volney (Travels through Syria and Egypt, 1798); the mid-19th-century writings of Alphonse de Lamartine (Recollections of the East, 1835); Mark Twain (Innocents Abroad, 1867); and reports from the British Consul in Jerusalem (1857) that were sent back to London. \\\\\\\\\ The Ottoman Turks’ census (1882) recorded only 141,000 Muslims in the Land of Israel. The real number is probably closer to 350,000 to 425,000, since many hid to avoid taxes. The British census in 1922 reported 650,000 Muslims. \\\\\\\\\\ Aerial photographs taken by German aviators during World War I show an underdeveloped country composed mainly of primitive hamlets. Ashdod, for instance, was a cluster of mud dwellings, Haifa a fishing village. In 1934 alone, 30,000 Syrian Arabs from the Hauran moved across the northern frontier into Mandate Palestine, attracted by work in and around the newly built British port and the construction of other infrastructure projects. They even dubbed Haifa Um el-Amal (‘the city of work’). \\\\\\\\\\\ The fallacy of Arab claims that most Palestinians were indigenous to Palestine – not newcomers - is also bolstered by a 1909 vintage photograph of Nablus, today an Arab city on the West Bank with over 121,000 residents. Based on the number of buildings in the photo taken from the base of Mount Gerizim, the population in 1909 – Muslim Arabs and Jewish Samaritans – could not have been greater than 2,000 residents.\\\\\\ Family names of many Palestinians attest to their non-Palestinian origins. Just as Jews bear names like Berliner, Warsaw and Toledano, modern phone books in the Territories are filled with families named Elmisri (Egyptian), Chalabi (Syrian), Mugrabi (North Africa). Even George Habash – the arch-terrorist and head of Black September – bears a name with origins in Abyssinia or Ethiopia, Habash in both Arabic and Hebrew. \\\\\\\\\\ Palestinian nationality is an entity defined by its opposition to Zionism, and not its national aspirations.\\\\\\\\ What unites Palestinians has been their opposition to Jewish nationalism and the desire to stamp it out, not aspirations for their own state. Local patriotic feelings are generated only when a non-Islamic entity takes charge – such as Israel did after the 1967 Six-Day War. It dissipates under Arab rule, no matter how distant or despotic. \\\\\\\\\ A Palestinian identity did not exist until an opposing force created it – primarily anti-Zionism. Opposition to a non-Muslim nationalism on what local Arabs, and the entire Arab world, view as their own turf, was the only expression of ‘Palestinian peoplehood.’ \\\\\\\\\\ The Grand Mufti Hajj Amin al-Husseini, a charismatic religious leader and radical anti-Zionist was the moving force behind opposition to Jewish immigration in the 1920s and 1930s. The two-pronged approach of the “Diplomacy of Rejection” (of Zionism) and the violence the Mufti incited occurred at the same time Lebanon, Syria, Transjordan and Iraq became countries in the post-Ottoman reshuffling of territories established by the British and the French under the League of Nation’s mandate system. \\\\\\\\\\\ The tiny educated class among the Arabs of Palestine was more politically aware than the rest of Arab society, with the inklings of a separate national identity. However, for decades, the primary frame of reference for most local Arabs was the clan or tribe, religion and sect, and village of origin. If Arabs in Palestine defined themselves politically, it was as “southern Syrians.” Under Ottoman rule, Syria referred to a region much larger than the Syrian Arab Republic of today, with borders established by France and England in 1920. \\\\\\\\\\\\\ In his book Greater Syria: The History of an Ambition, Daniel Pipes explains: \\\\\\\\\\ “Syria was a region that stretched from the borders of Anatolia to those of Egypt, from the edge of Iraq to the Mediterranean Sea. In terms of today’s states, the Syria of old comprised Syria, Lebanon, Israel, and Jordan, plus the Gaza Strip and Alexandria.” \\\\\\\\\\ Syrian maps in the 21st century still co-opt most of Greater Syria, including Israel. \\\\\\\\\\\ The Grand Mufti Al-Husseini’s aspirations slowly shifted from pan-Arabism – the dream of uniting all Arabs into one polity, whereby Arabs in Palestine would unite with their brethren in Syria - to winning a separate Palestinian entity, with himself at the helm. Al-Husseini was the moving force behind the 1929 riots against the Jews and the 1936-1939 Arab Revolt against two non-Muslim entities in Palestine – the British and the Jews. He gathered a large following by playing on fears that the Jews had come to dispossess, or at least dominate the Arabs. \\\\\\\\ Much like Yasser Arafat, the Grand Mufti’s ingrained all-or-nothing extremism, fanaticism and even an inability to cooperate with his own compatriots made him totally ineffective. He led the Palestinian Arabs nowhere. \\\\\\\\\\\\\ The ‘Palestinian’ cause became a key rallying point for Arab nationalism throughout the Middle East, according to Oxford historian Avi Shlaim. The countries the British and French created in 1918-1922 were based largely on meridians on the map, as is evident in the borders that delineate the Arab states today. Because these states lack ethnic logic or a sense of community, their opposition to the national aspirations of the Jews has come to fuel that fires Arab nationalism as the ‘glue’ of national identity. (see details on the ramifications of British and French policy, which plague the Middle East to this day in the chapter “The European Union.”) \\\\\\\\\\ From the 1920s, rejection of Jewish nationalism, attempts to prevent the establishment of a Jewish homeland by violence, and rejection of any form of Jewish political power, including any plans to share stewardship with Arabs, crystallized into the expression of Palestinianism. No other positive definition of an Arab-Palestinian people has surfaced. This point is admirably illustrated in the following historic incident:\\\\\\\\\\ “In 1926, Lord Plumer was appointed as the second High Commissioner of Palestine. The Arabs within the Mandate were infuriated when Plumer stood up for the Zionists’ national anthem Hatikva during ceremonies held in his honor when Plumer first visited Tel Aviv. When a delegation of Palestinian Arabs protested Plumer’s ‘Zionist bias,’ the High Commissioner asked the Arabs if he remained seated when their national anthem was played, ‘wouldn’t you regard my behavior as most unmannerly?’ Met by silence, Plumer asked: ‘By the way, have you got a national anthem?’ When the delegation replied with chagrin that they did not, he snapped back, “I think you had better get one as soon as possible.”\\\\\\\\\\ But it took the Palestinians more than 60 years to heed Plumer’s advice, adopting Anthem of the Intifada two decades after Israel took over the West Bank and Gaza in 1967 – at the beginning of the 1987 Intifada. \\\\\\\\\\ Under the Mandate, local Arabs also refused to establish an ‘Arab Agency’ to develop the Arab sector, parallel to the Jewish Agency that directed development of the Jewish sector (see the Chapter “Rejectionism”).\\\\\\\\ In fact, the so-called patriotism of indigenous Muslims has flourished only when non-Muslim entities (the Crusaders, the British, the Jews) have taken charge of the Holy Land. When political control returns to Muslim hands, the ardent patriotism of the Arabs of Palestine magically wanes, no matter how distant or how despotic the government. One Turkish pasha who ruled Acco (Acre) between 1775 and 1804 was labeled Al Jazzar, The Butcher, by locals. \\\\\\\\\\ Why hasn’t Arab representative government ever been established in Palestine, either in 1948 or during the next 19 years of Arab rule? Because other Arabs co-opted the Palestinian cause as a rallying point that would advance the concept that the territory was up for grabs. “The Arab invasion of Palestine was not a means for achieving an independent Palestine, but rather the result of a lack of consensus on the part of the Arab states regarding such independence,” summed up one historian. Adherents to a separate Palestinian identity were a mute minority on the West Bank and Gaza during the 19 years of Jordanian and Egyptian rule - until Israel took control from the Jordanians and the Egyptians in 1967. Suddenly a separate Palestinian peoplehood appeared and claimed it deserved nationhood - and 21 other Arab states went along with it. \\\\\\\\\ Palestinianism in and of itself lacks any substance of its own. Arab society on the West Bank and Gaza suffers from deep social cleavages created by a host of rivalries based on divergent geographic, historical, geographical, sociological and familial allegiances. What glues Palestinians together is a carefully nurtured hatred of Israel and the rejection of Jewish nationhood. \\\\\\\\\\\\ Sincerely, Eli E. Hertz eMail: eli@hertztec.com 0000000