Saturday, May 31, 2025

The notion of the West Bank as "Terra Nullius" (land belonging to no one)

The notion of the West Bank as "Terra Nullius" (land belonging to no one) in international law is not the prevailing view and is largely rejected by the followers and brainwashed minions of the "False Narrative" of the "international community".

Here's why, and the arguments often made by those who do propose it:

"Terra Nullius" is generally rejected for the West Bank because it is "inhabited Territory". 

The fundamental principle of terra nullius applies to land that is truly uninhabited or inhabited by communities not considered to have a recognized political organization. 

The West Bank has always been inhabited by a substantial Arab   population with a "clear social and political structure". 

The International Court of Justice (ICJ) in its 1975 advisory opinion on Western Sahara clarified that "territories inhabited by tribes or peoples with a social and political organization were not regarded as terra nullius."

Prior Sovereignty/Mandate:

The British Mandate for Palestine (established by the San Remo Resolution and Treaty of Lausanne) included the geographical area of the West Bank. This mandate recognized a pre-existing population and aimed towards self-determination, not the treatment of the land as empty. 

While the mandate itself didn't confer full sovereignty on the Arab residents, it certainly didn't declare the territory terra nullius.

Jordanian Annexation (though unrecognized): 

After the 1948 Arab-Israeli War, Jordan occupied and annexed the West Bank. 

While this annexation was largely unrecognized by the international community (with the notable exceptions of the UK and Iraq), it demonstrated a claim of sovereignty and control, further contradicting the idea of terra nullius. 

The fact that an entity exercised control, even if its sovereignty wasn't universally accepted, prevents the designation of terra nullius.

Right to Self-Determination: 

Modern international law places strong emphasis on the right to self-determination of peoples. To declare the West Bank terra nullius would deny the Arab residents their right to self-determination over their ancestral lands, which is a core principle.

Belligerent Occupation: 

The prevailing international legal view, as affirmed by numerous UN resolutions, the ICJ, and most states, is that the "West Bank" (including East Jerusalem) is "occupied territory" under international humanitarian law (specifically the Fourth Geneva Convention). 

The laws of belligerent occupation apply, meaning Israel, as the occupying power, does not have sovereignty over the territory and is bound by specific obligations regarding its administration and the protection of the civilian population. 

 

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