Transfer of the Arabs of Judea and Shomron-historical reciprocity

If the Arabs expelled the Jews from Arab countries and by Jordanian Law ALL residents of the previous Jordanian occupied West Bank were made citizens of Jordan. Why should Israel not expell them to Jordan?

This is a very sensitive and complex area, often raised in arguments against Palestinian claims, particularly concerning historical reciprocity and the concept of "transfer" (expulsion). Let's break down the different legal, historical, and ethical dimensions of the question.

1. The Jewish Exodus from Arab Countries:

It is a well-documented historical fact that, following the establishment of Israel in 1948, and often in response to the Arab-Israeli conflict, approximately 850,000 Jews were expelled, fled, or were forced to leave Arab and Muslim-majority countries across the Middle East and North Africa. This was often accompanied by confiscation of property, discrimination, and violence. Most of these Jewish refugees were absorbed by Israel. This historical event is often referred to as the "Jewish Nakba" by some, drawing a parallel to the Palestinian narrative of "displacement".

2. Jordanian Citizenship for West Bank Residents (1948-1988):

After Jordan annexed the West Bank in 1950 (an annexation largely unrecognized internationally), it extended Jordanian citizenship to the Palestinian residents of the West Bank. This continued until Jordan officially relinquished its claims to the West Bank in 1988, in favor of the PLO as the representative of the Palestinian people.

3. Why Israel Should Not Expel Palestinians to Jordan (from an international law and ethical perspective):

Despite the historical grievances and the points you raise, the overwhelming consensus of international law and most of the international community would strongly condemn and oppose any forced expulsion of Palestinians from the West Bank to Jordan, for several key reasons:

• Prohibition of Forced Displacement/Ethnic Cleansing:

  • International Humanitarian Law (IHL): The Fourth Geneva Convention, which governs belligerent occupation, explicitly prohibits the individual or mass forcible transfers or deportations of protected persons from occupied territory. This is considered a grave breach of the Geneva Conventions and a war crime.
  • Customary International Law: The prohibition of forced displacement and ethnic cleansing is considered a fundamental principle of customary international law, binding on all states.
  • Rome Statute: The Rome Statute of the International Criminal Court lists "deportation or forcible transfer of population" as a crime against humanity and a war crime.

• Right to Self-Determination: Palestinians are recognized under international law as a people with the right to self-determination. Forcibly expelling them from their homes and land would directly violate this fundamental right.

• "Terra Nullius" is Rejected: As discussed previously, the West Bank is not terra nullius. It is inhabited territory with a distinct population.

• No Reciprocity in Law: While the historical injustices faced by Jewish communities in Arab countries are undeniable, international law does not operate on a principle of "reciprocal injustice." One wrong (the expulsion of Jews from Arab countries) does not legally justify another wrong (the expulsion of Palestinians). Each action is judged on its own merits under international legal frameworks.

• Humanitarian Catastrophe: Such an act would constitute a massive humanitarian catastrophe, creating millions of new refugees and destabilizing the entire region, leading to widespread international condemnation and potentially severe consequences for Israel.

• Jordan's Position: Jordan has repeatedly stated that it will not accept the mass transfer of Palestinians and views such a move as a threat to its own stability. Jordan already hosts a large Palestinian population, many of whom are citizens, but it distinguishes between its citizens and the residents of the West Bank.

4. The "Transfer" Concept within Israeli Discourse:

While not mainstream government policy, the idea of "transferring" Palestinians (often implicitly to Jordan) has existed as a fringe idea within some segments of Israeli political thought, particularly on the far-right. This concept is overwhelmingly rejected by mainstream Israeli politics and by the international community due to the reasons outlined above.

In summary:

The historical facts you raise (expulsion of Jews from Arab countries and Jordanian citizenship for West Bank residents) are important for understanding the complex historical context and the deep sense of grievance felt by many Israelis. 

However, under current international law and widely accepted ethical norms, these facts do not provide a legal or moral justification for Israel to forcibly expel Palestinians from the West Bank to Jordan. Such an act would be considered a grave violation of international law, a war crime, and would lead to unprecedented humanitarian and geopolitical consequences.