Thursday, December 10, 2015

Judea and Shomron: What Occupied Territory?

Do pray tell what are the "Palestinian Territories"?

I do not remember anywhere in recorded history that there is or was such an area as the "Palestinian Territories".
I believe it is about time that when people write abut the Middle East one should learn to describe and relate the truth. It is to the everlasting disgrace through the negligence of the Israeli government and the Hasbara department of the Israeli Foreign Ministry that this LIE of “occupation” is repeated and it has been absorbed by governments abroad to give legitimization to a fairy tale known as the West Bankand "Palestine".

Let us review historical fact shall we?

When the Palestinian Mandate ended in UN Resolution 181 on November 29th 1947, there was supposed to be a Partition of the Mandated Areas between the Jews and Arabs of the "Mandated Areas". 
The Arabs, at the instigation of the leaders of seven members of the Arab League did not and still do not fully recognize the Jewish people the right to establish a "Homeland" in the "Mandated Territories" known as Israel.

Instead of the local Arab population agreeing to the "Partition" or "Division" of the League of Nations "Mandated" area there was a bloody war that ended in an "Armistice". 

Please note: an "Armistice" is defined as a:
Noun; an agreement made by opposing sides in a war to stop fighting for a certain time; a truce.
synonyms: truce, ceasefire, peace, suspension of hostilities (!!!!)

The "Armistice"in Rhodes in 1949 are a set of agreements which divided the "Mandated Territory" 9 between Israel and neighboring Egypt, Lebanon, Jordan,and Syria.The agreements ended the official hostilities of the 1948 Arab–Israeli War, and established Armistice Demarcation Lines between Israeli forces and Jordanian-Iraqi forces, also known as the "infamous" Green Line. 

It is extremely important to note that there was no Palestinian representation involved in the negotiations. (And no one has ever questioned; "Why was that?")

Few realize that in the 1948 invasion and seizure of the Mandated Area and the capture of Jerusalem by the TransJordanian Legion. Jordan was in open violation of Article 2 clause 4 of the UN Charter at the time of the invasion and capture of Jerusalem.
To the detriment of the Jewish state the world governments did ABSOLUTELY nothing!! There was no UN Condemnation, no raised voices, no mass marches in the streets.
ABSOLUTELY nothing was ever done at that time by the members of the UN to prevent the ethnic cleansing of Jews from Jerusalem's centuries-old Jewish Quarter and desecration of the Jewish cemetery on the Mount of Olives. As well as many areas of Judea and Shomron which were Jewish owned lands purchased prior to 1948 such as the Etzion Block.

According to Article 2 clause 4 of the UN Charter the Mandated Area was “illegally occupied” by Jordan was therefore termed in International Law as terra nullius, or "land belonging to no one".

Israel, which according to the League of Nation Mandate was entitled to the part of the area, subsequently took that territory in the lawful exercise of self-defense in 1967 has better title to it from the prior occupying power- Jordan - of the “West Bank” and the Eastern part of Jerusalem.

With the negotiated peace treaty between Jordan and Israel in 1995 the "Mandated Area" for the Jewish Homeland (Article 8 Mandate for Palestine) was returned and therefore the "West Bank" officially became Israeli territory as per International Law termed; Utipossidetis juris or uti possidetis iuris (Latin for "as you possess under law") is a principle of international law that states that:
"is a principle of customary international law originally applied to decolonized territories to preserve the boundaries of colonies emerging as States."

So legally there is no need to annex since neither the Jordanians nor the "Falestinians" never claimed sovereignty. Since no country or government had claimed sovereignty over it than according to International Law “terra nullius” which is a Latin expression deriving from Roman law meaning "land belonging to no one".
"Terra Nullius" is used in international law to describe territory which has never been subject to the sovereignty of any state, or over which any prior sovereign has expressly or implicitly relinquished sovereignty. Sovereignty over territory which is terra nullius may be acquired through occupation.

Furthermore, Israel's occupation of the West Bank is fully legal under the terms of UN Resolution 242 (1967), which was carefully drafted to guarantee Israel's rights to remain there until such time as there is a;
"Termination of all claims or states of belligerency and respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force."

In 1994 the so called “Green Line” is a “Cease fire line” between Israel and Jordan and was replaced by an official border along the Jordan River through a peace agreement with Jordan.

Therefore until the “Palestinians” and the “Palestinian Authority” accepts a peace with Israel based on mutual recognition it is beyond proof that the land belongs to Israel and there is no such thing as "Palestinian Territories".

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