Land Ownership in Palestine ,
1880-1948
by
Moshe Aumann
A great deal has been spoken
and written over the years on the
subject of
land ownership in Israel —or, before
1948, Palestine .
Arab propaganda, in
particular, has been at pains to convince the
world, with
the aid of
copious statistics, that
the Arabs "own"
ownership there may be is
negligible. From this conclusions have
been drawn (or implied) with regard to the sovereign rights of
the State of Israel and the
problem of the Arab refugees.
The Arab case against Israel , in the
matter of Jewish
land
purchases, rests
mainly on two
claims: (1) that the
Palestinian
Arab farmer was peacefully
and contentedly working his land in
the latter part of the 19th
century and the early part of the 20th
when along came the European
Jewish immigrant, drove him off
his land,
disrupted the normal
development of the
country and
created a vast class of
landless, dispossessed Arabs; (2) that a small
Jewish minority, owning an even smaller
proportion of Palestinian
lands (5 per cent as against the Arabs' 95
per cent), illegally made
itself master of Palestine in 1948.
Our purpose in this pamphlet
is to set the record straight by
marshalling the
facts and figures pertaining to
this very complex
subject, on the basis of the
most reliable and authoritative information
available, and to trace the history of modern Jewish
resettlement
purely from the point of view
of the sale and purchase of land.
Pre-1948 Conditions
in Palestine
A study of Palestine under Turkish
rule reveals that already at
the beginning of the 18th
century, long before Jewish land purchases
and large-scale Jewish immigration
started, the position
of the
Palestinian fellah (peasant) had begun to deteriorate. The heavy
burden of
taxation, coming on top of chronic
indebtedness to
money-lenders, drove a
growing number of farmers to place them-
selves under
the protection of men of
wealth or of
the Moslem
religious endowment
fund (Waqf), with the
result that they were
eventually compelled to give
up their title to the land, if not their actual
residence upon and
cultivation of it.
Until the passage of the
Turkish Land Registry Law in 1858,
there were no official deeds
to attest to a man's legal title to a parcel
of land; tradition alone had
to suffice to establish such title— and
usually it did.
And yet, the position
of Palestine 's farmers
was a
precarious one, for there
were constant blood-feuds between families,
clans and entire villages, as
well as periodic incursions by rapacious
118 The Case for Israel
Bedouin tribes, such as the
notorious Ben Sakk'r, of whom H. B.
Tristram (The Land of Israel : A Journal
of Travels in Palestine ,
Society for
Promoting Christian
Knowledge, London , 1865) wrote
that they "can muster 1,000
cavalry and always join their
brethren
when a raid
or war is on the move.
They have obtained
their present possessions gradually and, in great measure, by driving
out the fellahin (peasants), destroying their villages and reducing their rich
corn-fields to pasturage." (p. 488.)
Tristram goes on to present a
remarkable and highly revealing
description of conditions in Palestine on both sides of the Jordan
River in the middle of the
19th century—a description that belies
the Arab claim of a tranquil,
normally developing Palestinian rural
economy allegedly disrupted
by Jewish immigration and settlement.
A few years ago, the whole Ghor was in the hands of the
fellahin, and
much of it cultivated for
corn. Now the whole of it is in the
hands of the
Bedouin, who
eschew all agriculture,
except in a few spots
cultivated
here and
there by their slaves;
and with the
Bedouin come lawlessness
and the
uprooting of all
Turkish authority. No
government is now
acknowledged on
the east side;
and unless the
Porte acts with
greater
firmness and caution
than is his
wont . Palestine will be
desolated
and given up to the nomads.
The same thing is now going
on over the plain of Sharon, where, both
in the north and south,
land is going out of cultivation, and
whole villages
rapidly disappearing
from the face
of the earth.
Since the year
1838, no less than 20 villages have been thus erased from
the map and
the stationary population extirpated.
Very rapidly the
Bedouin are encroaching
wherever horse can be
ridden; and the Government is utterly powerless to resist
them or to defend its subjects. (p. 490)
For descriptions of other
parts of the country, we are indebted to
the 1937 Report of
the Palestine Royal Commission—though, for
lack of space, we can quote
but the briefest passages. In Chapter 9,
para. 43 the Report quotes an eye-witness account of the condition
of the Maritime Plain in 1913:
The road
leading from Gaza to the
north was only a summer
track
suitable for transport by
camels and carts ... no orange groves, orchards
or vineyards were to be seen
until one reached Yabna village. . Not
in a
single village in
all this area
was water used
for irrigation.
Houses were all of mud. No windows were anywhere to be seen.
The ploughs used were of
wood. . The yields were very poor.
The sanitary conditions in
the village were horrible. Schools
did not
exist. . The rate of infant mortality was very high.
The area north of Jaffa . consisted
of two distinctive parts. . The
eastern part, in the
direction of the hills, resembled in culture that of the
Gaza-Jaffa area. .
The western part,
towards the sea,
was almost a
desert. . The villages in this area were few
and thinly populated. Many
ruins of villages were
scattered over the area, as owing to the prevalence of malaria, many villages
were deserted by their inhabitants.
The Huleh
basin, below the
Syrian border, is
described as
"including a number of
Arab villages and a large papyrus swamp
draining south into Lake Huleh . a triangular strip of
land some
Appendix 2 119
44 sq. miles in area. . This tract is irrigated in a very
haphazard
manner by a network of small,
primitive canals. It is, owing to
over-irrigation, now the most malarious tract in all Palestine .
It might become one of the
most fertile."
With regard to yet another
region in Palestine —the Beisan (Beit
Shean) area—we quote from the report of
Mr. Lewis French,
Director of Development
appointed by the British Government in 1931:
We found it inhabited by
fellahin who lived in mud hovels and suffered
severely from the prevalent
malaria. . Large areas of their lands were
uncultivated and covered with
weeds. There were no trees, no
vegetables.
The fellahin, if not
themselves cattle thieves, were always ready to harbor
these and
other criminals. The
individual plots of
cultivation
changed hands annually. There was little public security, and the fallahin's
lot was an alternation of
pillage and blackmail by their neighbors
the Bedouin.
This, then, was the picture
of Palestine in the closing decades of
the 19th century and up to
the First World War: a land that was
overwhelmingly desert,
with nomads continually
encroaching on
the settled areas and its
farmers; a lack of elementary facilities and
equipment; peasants wallowing
in poverty, ignorance and disease,
saddled with debts (interest
rates at times were as high as 60 per
cent) and threatened by warlike nomads or
neighboring clans.
The result was a growing
neglect of the soil and a flight from the
villages, with a mounting
concentration of lands in the hands of a
small number
of large landowners,
frequently residing in
such
distant Arab capitals as Beirut and Damascus , Cairo
and Kuwait .
Here, in other words, was a
social and economic order that had all the
earmarks of a medieval feudal
society.
Who
Dispossessed the Palestinian
Peasant?
The Palestinian peasant was
indeed being dispossessed, but by
his fellow-Arabs: the local
sheikh and village elders, the Government
tax-collector, the merchants
and money-lenders; and, when he was
a tenant-farmer (as was
usually the case), by the
absentee-owner.
By the time the season's crop
had been distributed among all these,
little if anything remained
for him and his family, and new debts
generally had to be incurred
to pay off the old. Then the Bedouin
came along and took their
"cut", or drove the hapless fellah off
the land altogether.
This was the
"normal" course of events in 19th
century Palestine .
It was disrupted by the
advent of the Jewish pioneering enterprise,
which sounded the death-knell
of this medieval feudal system. In
this way
the Jews played
an objective revolutionary
role. Small
wonder that it aroused the
ire and active opposition of the Arab
sheikhs, absentee landowners,
money-lenders and Bedouin bandits.
120 The Case for Israel
Jewish
Land Purchases
It is important to note that
the first enduring Jewish agricultural
settlement in modern Palestine was founded not by European refugees,
but by a group of old-time
families, leaving the overcrowded
Jewish Quarter of the Old City of Jerusalem . (According to the
Turkish census of 1875,
by that time
Jews already constituted
a
majority of
the population of Jerusalem and by 1905 comprised
two-thirds of
its citizens. The Encyclopedia Britannica
of 1910
gives the population figure
as 60,000, of whom 40,000 were Jews.)
In 1878 they founded the village of Petach Tikva in the Sharon
Plain—a village that was to
become known as the "Mother of
Jewish Settlements" in Palestine . Four years
later a group
of pioneering
immigrants from Russia settled in Rishon le-Zion. Other farming villages
followed in rapid succession.
When considering Jewish land
purchases and settlements, four factors
should be borne in mind:
(1) Most of the land purchases involved large
tracts belonging to
absentee owners.
(Virtually all of
the Jezreel Valley , for
example, belonged in 1897
to only two
persons: the eastern
portion to the Turkish
Sultan, and the western part to the richest banker
in Syria , Sursuk "the Greek".)
(2) Most of the land purchased had not been
cultivated previously
because it was swampy, rocky, sandy or, for some other
reason,
regarded as uncultivable. This is supported by the findings
of
the Peel Commission Report (p. 242): "The Arab charge
that
the Jews have obtained too
large a proportion of good land
cannot be maintained. Much of
the land now carrying orange
groves was
sand dunes or
swamp and uncultivated
when it
was purchased . there was at
the time at least of the earlier
sales little
evidence that the
owners possessed either
the resources
or training needed to develop
the land." (1937)
(3) While,
for this reason, the early
transactions did not
involve
unduly large sums of money, the price of land began to rise
as Arab landowners took advantage of the growing demand for
rural tracts. The
resulting infusion of
capital into the
Palestinian
economy had noticeable
beneficial effects on the
standard of living of all the inhabitants.
(4) The
Jewish pioneers introduced
new farming methods
which
improved the soil and crop cultivation and were soon
emulated
by Arab farmers.
The following figures show
land purchases by the three leading Jewish
land-buying organizations
and by
individual Jews between 1880 and
1935.
Appendix 2
JEWISH LAND
PURCHASES, 1880-1935 (in dunams*)
Total Govern- From Large
tracts**
121
Organization land acquired PICA (Palestine Jewish Colonization
Assoc.) 469,407
Jewish National Fund*** * 836,396 Until 1930
1931-1947
Individual Jews 432,100
* 4 dunams = 1 acre.
Government concessions
39,520
66,513***
private owners Percent Dunams (approx.)
429,887 293,545 70
512,979 455,169 90
270,084 239,170 90
566,312 50
432,100 50
** The large
tracts often belonged
to absentee landlords.
*** Land situated in the
sandy Beersheba and marshy Huleh districts.
* ". . . created on December 25, 1901 , to ensure that land would be purchased
for the Jewish
workers who were to be personally responsible for its cultivation.
"Since the J.N.F. was as
concerned with conforming to socialist ideals
as with
intensive economic exploitation
of land, its
Charter was
opposed to the use of lands
purchased by it as private property. The
J.N.F. retained the freehold
of the lands, while the people working it
are only life tenants.
"The capital of the
Jewish National Fund was essentially raised from
small regular
donations from millions
of Jewish craftsmen,
laborers,
shop-owners and intellectuals
in Central and Eastern Europe where the
shadow of
genocide was already
apparent, who felt
concerned about
the return of Jews to Zion .
"Contrary to colonialist
enterprises, which were seeking an exorbitant
profit from
land extorted from
the colonized peoples,
Zionist
settlement discouraged
private capital as its enterprise
was of a
socialist nature
based on the
refusal to exploit
the worker." (Kurt
Niedermaler, Colonization
without Colonialism, Youth
and Hechalutz
Dept., Jewish Agency, Jerusalem , 1969).
From the above table it will
be seen that the proportion of land
purchased from large (usually absentee) owners ranged from
about
50 to 90 per cent.
"The total area of land
in Jewish possession at the end of June
1947," writes A. Granott
in The Land System in Palestine (Eyre
and Spottiswoode, London , 1952, p. 278), "amounted to 1,850,000
dunams, of this 181,100
dunams had been obtained through con-
cessions from
the Palestinian Government,
and about 120,000
dunams had
been acquired from
Churches, from foreign
companies,
from the Government otherwise
than by concessions, and so
forth. It was estimated that 1,000,000
dunams and more,
or 57
122 The Case for Israel
per cent, had been acquired
from large Arab landowners, and if to
this we add
the lands acquired
from the Government,
Churches,
and foreign companies, the
percentage will amount to seventy-three.
From the
fellaheen there had
been purchased about 500,000
dunams, or 27 per cent, of
the total acquired. The result of Jewish land
acquisitions, at least to a
considerable part, was that properties which had
been in the hands of large
and medium owners were converted into
holding of small
peasants."
The
League
of Nations Mandate
When the League of Nations conferred the Mandate for Palestine
upon Great Britain in 1922,
it expressly stipulated
that "The
Administration of Palestine . shall
encourage, in cooperation
with the Jewish Agency . . close settlement by Jews on the land,
including State lands and waste lands
not acquired for public
purposes" (Article 6),
and that it "shall introduce a land system
appropriate to the needs of
the country, having regard, among other things,
to the
desirability of promoting
the close settlement
and intensive
cultivation of the
land." (Article 11)
British policy,
however, followed a different course, deferring to
the extremist Arab opposition
to the above-mentioned provision of
the Mandate. Of some
750,000 dunams of cultivable State
lands,
350,000, or
nearly half, had been
allotted by 1949
to Arabs and
only 17,000 dunams to
Jews. This was
in clear violation
of the
terms of the Mandate. Nor,
ironically enough, did it help the Arab
peasants for whose benefit
these transactions were ostensibly carried out.
The glaring examples of this
policy are the case of the Besian lands
and that of the Huleh
Concession.
Beisan Lands
Under the Ghor-Mudawwarra
Agreement of 1921, some 225,000
dunams of potentially fertile
wasteland in the Besian (Beit
Shean)
area were handed over to Arab
farmers on terms severely condemned
not only by Jews but also by
such British experts as Lewis
French and Sir John
Hope-Simpson. More than half of the land
was irrigable, and, according to the British experts, eight dunams
of irrigated land
per capita (or 50-60 dunams per
family) were
sufficient to
enable a family
to maintain itself
on the land.
Yet
many farmers received far
more than that: six families, of whom
two lived in Syria , received a combined area of about 7,000 dunams;
four families (some living
in Egypt ) received a combined
area of
3,496 dunams; another
received 3,450 and yet another, 1,350.
Thus the
Ghor-Mudawwarra Agreement was
instrumental in
creating a new group of large
landowners. Possessing huge tracts,
most of which they were
unable to till, these owners began to
sell
the surplus lands at
speculative prices. In his 1930 Report,
Sir
Appendix 2 123
Hope-Simpson wrote of the
Agreement that it had deprived the Government
of "the
control of a
large area of
fertile land eminently suited
for
development and
for which there
is ample water for
irrigation," and that
"the grant of the land
has led to speculation on a considerable scale."
Huleh
Area
For twenty years (from 1914 to 1934) the Huleh Concession—
some 57,000 dunams of partly
swamp-infested but potentially highly
fertile land
in north-eastern Palestine —was in Arab
hands. The
Arab concessionaires were to
drain and develop the land so as to
make additional tracts
available for cultivation, under very attractive
terms offered by the
Government (first Turkish, then
British).
However, this was never done,
and in 1934 the concession was sold
to a Jewish
concern, the Palestine
Land Development Company,
at a huge profit. The
Government added several onerous conditions
concerning the
amount of land (from
the drained and
newly
developed tracts) that had to be handed over—without
reimbursement
for drainage and irrigation
costs—to Arab tenant-farmers in
the area.
All told,
hundreds of millions
of dollars were
paid by Jewish
buyers to
Arab landowners. Official
records show that
in 1933
£854,796 was paid by Jewish individuals and
organizations for
Arab land, mostly large
estates; in 1934 the figure was £1,647,836
and in 1935, £1,699,488. Thus, in the
course of only three years
£4,202,180 (more than 20
million dollars at the prevailing rate of
exchange) was
paid out to Arab
landowners (Palestine Royal
Commission Report, 1937).
To understand the magnitude
of the prices paid for these lands,
we need only look at some
comparative figures. In 1944, Jews paid
between $1,000
and $1,100 per acre
in Palestine , mostly for
arid
or semi-arid land; in the same year rich black soil in the state of
Agriculture).
Effects
on Arab Population
In those
instances where as a result
of such transactions
Arab
tenant-farmers were displaced
(on one year's notice), compensation
in cash or other land was
paid, as required by the 1922 Protection
of Cultivators Ordinance; the
Jewish land-buying associations often
paid more than the law required (Pollack
and Boehm, The
Keren
Kayemeth Le-Israel).
Of 688 such
tenants between 1920
and
1930, 526 remained in agricultural occupations, some 400 of them
finding other land (Palestine Royal
Commission Report, 1937,
Chapter 9, para. 61).
124 The Case for Israel
Investigations initiated in 1931 by
Mr. Lewis French disposed of
the charge
that a large
class of landless
or dispossessed Arab
farmers was created as a
result of Jewish land purchases. According
to the
British Government report (Memoranda
prepared by the
Government of Palestine , London 1937,
Colonia No. 133, p. 37),
the total number of
applications for registration as landless Arabs
was 3,271. Of these, 2,607
were rejected on the ground that they did
not come within the category
of landless Arabs. Valid claims were
recognized in
the case of 664
heads of families,
of whom 347
accepted the
offer of resettlement
by the Government.
The
remainder refused either
because they had found satisfactory employment
elsewhere or because they
were not accustomed to irrigated
cultivation or the climate of
the new areas (Peel Report, Chapter 9,
para. 60).
Purchases of land by Jews in
the hill country
had always been
very small and, according to
the investigations by Mr. French, of
71 applications by Arabs claiming to be
landless, 68 were turned
down.
Arab Population
Changes Due to
Jewish Settlement
Another Arab
claim disproved by the facts
is that Zionist "colonialism"
led to the disruption and
ruin of the Arab Palestinian society and economy.
Statistics published
in the Palestine
Royal Commission Report
(p. 279) indicate a remarkable phenomenon: Palestine , traditionally
a country of Arab emigration,
became after World War I a country
of Arab immigration. In addition
to recorded figures for 1920-36,
the Report devotes a special
section to illegal Arab immigration.
While there are no precise
totals on the extent of Arab immigration
between the two World
Wars, estimates vary between 60,000 and
100,000. The principal cause
of the change of direction was Jewish
development, which created
new and attractive work
opportunities
and, in general, a standard
of living previously unknown in the
Another major factor in the
rapid growth of the Arab population
was, of course, the rate of
natural increase, among the highest in
the world. This was
accentuated by the steady reduction of the
previously high infant
mortality rate as a result
of the improved
health and sanitary
conditions introduced by the Jews.
Altogether, the non-Jewish
element in Palestine 's population (not
including Bedouin) expanded
between 1922 and 1929 alone
by
more than 75 per cent. The
Royal Commission Report makes these
interesting observations:
The shortage of land is, we
consider, due less to the amount of land
acquired by Jews than to the
increase in the Arab population, (p. 242)
Appendix 2 125
We are
also of the
opinion that up
till now the
Arab cultivator has
benefited, on the whole, both
from the work of the British administration
and from the presence of Jews
in the country. Wages have gone up; the
standard of living has
improved; work on roads and buildings has been
plentiful. In the Maritime
Plains some Arabs
have adopted improved
methods of cultivation. (p.
241)
Jewish development served as
an incentive not only to Arab entry
into Palestine from Lebanon , Egypt , Syria and other neighboring
countries, but
also to Arab population movements
within the
country—to cities and areas
where there was a large Jewish concentration.
Some idea of this phenomenon
may be gained from the
following official figures:
Changes in towns: The Arab
population in predominantly Arab
towns rose only slightly (if
at all) between the two World Wars: in
15,931 to 23,300;
Jenin—from 2,737 to 3,900;
Bethlehem —from
6,658 to 8,800. Gaza 's population actually decreased from 17,426
in 1922 to 17,045 in 1931.
On the other hand, in the
three major Jewish cities the Arab
population shot up during
this period, far beyond the
rate of
natural increase: Jerusalem —from 28,571 in 1922
to 56,400 (97
per cent); Jaffa —from 27,437 to 62,600 (134
per cent); Haifa —
from 18,404 to 58,200 (216
per cent).
Changes in rural areas: The population of the
predominantly
Arab Beersheba
district dropped between 1922
and 1939 from
71,000 to 49,000 (the rate of
natural increase should have resulted
in a rise to 89,000). In the Bethlehem district the figure increased
from 24,613 to about 26,000 (after falling to 23,725 in 1929). In
the Hebron area it went up from 51,345 to 59,000 (the natural
increase rate dictated a rise
to 72,000).
In contrast to these declines
or comparatively slight increases in
exclusively Arab-inhabited areas,
in the Nazareth , Beit Shean,
Tiberius and Acre
districts—where large-scale Jewish settlement and
rural development was
underway—the figure rose from 89,600 in
1922 to some 151,000 in 1938
(by about 4.5 per cent per annum,
compared with a natural
increase rate of 2.5-3 per cent).
In the largely Jewish Haifa area the number of Arab peasants
increased by 8 per cent a
year during the same period. In the Jaffa
and Ramle districts (heavily
Jewish populated), the Arab rural
population grew from 42,300
to some 126,000—an annual increase
of 12 per cent,
or more than four
times as much
as can be
attributed to natural
increase (L. Shimony, The Arabs of Palestine,
Tel-Aviv, 1947, pp. 422-23).
One reason
for the Arab
gravitation toward Jewish-inhabited
areas, and from neighboring
countries to Palestine , was the incomparably
126 The Case for Israel
higher wage scales paid
there, as may be seen from the following table.
DAILY WAGE SCALES, 1943
(in mils)
Unskilled Skilled labor
Source: A.
Khoushy, Brit Poali
Eretz-Israel, 1943, p. 25.
The capital received by Arab
landowners for their surplus holdings
was used for improved and
intensive cultivation or invested in
other enterprises. Turning
again to the Report of the Palestine
Royal Commission (p. 93), we
find the following conclusions: "The
large import of Jewish
capital into Palestine has had a
general
fructifying effect on the
economic life of the whole country.
The expansion of Arab
industry and citric-culture has been largely
financed by the capital thus
obtained. . . . Jewish example has done
much to improve Arab
cultivation. . The increase in Arab
population is most marked in
areas affected by Jewish development."
During World
War II, the
Arab population influx
mounted apace,
as is attested by the UNRWA
Review, Information Paper No. 6 (September 1962) :
A considerable movement of
people is known to have occurred, particularly
during the Second World War,
years when new opportunities of employment
opened up
in the towns
and on military
works in Palestine.
These wartime prospects and,
generally, the higher rate of industrialization
in Palestine attracted many new
immigrants from the
neighboring
countries, and
many of them
entered Palestine without
their presence
being officially recorded.
Land Ownership in 1948
The claim is often made that
in 1948 a Jewish minority owning
only 5 per cent of the land of Palestine made itself master of the Arab majority,
which owned 95 per cent of
the land.
In May 1948 the State of
Israel was established in only part of the
area allotted by the original
League of Nations Mandate. 8.6 per
cent of the land was owned by
Jews and 3.3 per cent by Israeli
Arabs, while 16.9 per cent
had been abandoned by Arab owners who
imprudently heeded the call
from neighboring countries to "get
out of the way" while
the invading Arab armies made short shrift of
Appendix 2 127
the Mandatory Power, and
accordingly reverted to the State of
tine, 1946, British
Government Printer, p. 257.)
The greater part of this 70
per cent consisted of the Negev , some
3,144,250 acres all told, or
close to 50 per cent of the 6,580,000
acres in all of Mandatory
Palestine. Known as Crown or State Lands ,
this was
mostly uninhabited arid
or semi-arid territory, inherited
originally by the Mandatory
Government from Turkey . In 1948 it
passed to the Government of
Israel.
These lands had not been
owned by Arab farmers—neither under the
British Mandate nor under the
preceding regime. Thus it is obvious
that the contention that 95
per cent of the land—whether of Mandatory
absolutely no foundation in
fact.
* * •
There is perhaps no better
way of concluding and summing up
this study than to quote from
an article entitled Is Israel a Thorn
or a Flower in the
Near East ? by Abdul Razak Kader, the Algerian
political writer,
now living in exile in Paris (Jerusalem Post, Aug. 1,
1969):
"The Nationalists of the
states neighboring on Israel , whether
they are in the government or
in business, whether Palestinian,
Syrian or Lebanese, or town
dwellers of tribal origin, all know that
at the beginning of the century
and during the British Mandate
the marshy plains and stone
hills were sold to the Zionists by their
fathers or uncles for gold,
the very gold which is often the origin
of their own political or
commercial careers. The nomadic or semi-
nomadic peasants who
inhabited the frontier regions know full well
what the green plains, the
afforested hills and the flowering fields
of today's Israel were like before.
"The Palestinians who
are today refugees in the neighboring countries
and who were adults at the
time of their flight know all this, and no
anti-Zionist
propaganda—pan-Arab or pan-Moslem— can make them
forget that their present
nationalist exploiters are the worthy sons of their
feudal exploiters of
yesterday and that the thorns of their life are of Arab,
not Jewish, origin."
Israel's Legal Right to Samaria is enshrined in International Law!
ReplyDeleteA cold, hard look at the law reveals an undeniable if inconvenient (for some) truth: Israel and the Jewish People have full sovereign rights to Judea and Samaria. A fair and objective analysis of the various post-WWI agreements, decisions, conferences, treaties, declarations, covenants and conventions regarding the Question of Palestine (not to be confused with today's made-up "Palestine" that the "Palestinians" claim as theirs) can only lead to this conclusion.
The most significant of these decisions was the San Remo Resolution of 1920 confirmed by the 1920 Treaty of Sevres and Lausanne, which recognized the exclusive national Jewish rights to the Land of Israel under international law, on the strength of the historical connection of the Jewish people to the territory previously known as Palestine. The outcome of this declaration gave birth to the "Mandate for Palestine," an historical League of Nations document that laid down the Jewish legal right to settle anywhere in western Palestine, between the Jordan River and the Mediterranean Sea. In fact, in San Remo Treaty confirmed by the 1920 Treaty of Sevres and Lausanne, the nations of the world had formally obligated themselves not only to establish a Jewish state on the historic Jewish Homeland but also to facilitate its development as well (see Article 6 of the still-binding Mandate for Palestine). This plainly means that today's Israeli settlements are in fact 100% legal and that the accusation of "occupation Believe it or not...
Israel's Legal Right to Samaria is enshrined in International Law!" is completely false. Back then, the concept of a "Palestinian People" was unheard of and "Palestine" referred only to a Levantine region and never to an Arab nation or state. Believe it or not.
So if the world ratified into international law that a Jewish state be established within the boundaries of Mandatory Palestine, how is it we hear nothing about this today? Why has this truth completely disappeared from today's narrative? By what right do the nations of the world shirk their obligations and deny the State of Israel and the Jewish people their due? Suffice to say that if the truth, any truth, is not actively preserved and if the facts are forgotten, falsity and misinformation fill the vacuum. That is why "Palestinian rights", "Israeli occupation" and "1967 borders" dominate the headlines today.
The Legal Right: Following the WWI defeat of the Turkish Ottoman Empire, the League of Nations (precursor to the U.N.) decided to divide up the huge landmass of the vanquished Ottomans as follows: a mandate, or trusteeship, for France (Lebanon and Syria) and a mandate for Britain (Iraq and Palestine [comprised of what is today Israel, Gaza, Judea, Samaria and Jordan]). The legal position of the whole of Palestine was clearly defined in several international agreements, the most important of which was the one adopted in April 1920 at the San Remo Conference, attended by the Principal Allied Powers (Council of Four). It decided to assign the Mandate for Palestine under the League of Nations to Britain. Two years later an agreed text was confirmed by the League and came into operation in September 1923. In Article 2 of that document, the League of Nations declared that
ReplyDelete"The Mandatory shall be responsible for placing the country under such political, administrative and economic conditions as will secure the establishment of the Jewish national home, as laid down in the preamble.”
The preamble clearly stated that
"recognition has hereby been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country.”
It was on this basis that the British Mandate was established. The San Remo Agreement was the last legally binding international decision regarding the rights to the land in the West Bank aka Judea and Samaria of Jordan and thus, according to international law which is still binding to this day, these parts, Judea and Samaria, belong to Israel and the Jewish People, period.
The significance for Israel and the Jewish People of San Remo cannot be overestimated. None other than Chaim Weizman, the Zionist leader of that time, declared:
"The San Remo decision...is Israel's Magna Carta and is the most momentous political event in the whole history of our (Zionist) movement, and, it is perhaps, no exaggeration to say in the whole history of our people since the Exiles"
Powerful words indeed, yet regrettably so unfamiliar. It makes one wonder just how many of today's "Middle East experts", journalists and opinion makers know the details of this and other important agreements of that era? How many have even a rudimentary understanding of San Remo's historical and legal importance?
This four minute video will give you the basics about the San Remo Conference:
http://www.youtube.com/watch?v=ijS8mFP4I1A
Renowned scholar and jurist Dr. Jacques Gauthier, a non-Jewish Canadian attorney specializing in international law as it applies to Israel and the territory she holds, spent 20 years researching the legal status of Jerusalem. The video below is a segment of his address to the ICEJ conference in Jerusalem, September 2010 (see his entire address here). Invest 16 minutes of your time to watch as he eloquently and passionately encapsulates Israel's legal foundation for her right to sovereignty over Judea and Samaria. A must-view video for those who really want to understand Israel's legal rights to Judea and Samaria and the legitimacy of the settlements therein.
See minutes 34:12 to 50:02 of this video - http://www.youtube.com/watch?v=55GR84ITI6w
The dissolution of the League of Nations in 1946 in no way altered the Jewish People's rights to Judea and Samaria, given to them by the nations of the world, first in San Remo, then in the provisions of the Mandate for Palestine. When the United Nations was established, Article 80 of its charter clearly specified that rights previously granted by the League would be legally binding.
ReplyDeleteIn the aftermath of the defensive war of June 1967, forty-five years after the League of Nations Declaration in San Remo, Israel liberated and retrieved some of her rightful possessions of the territories assigned to the Jewish People as a National Home. How her possession of her own homeland can be called the "Occupation of Palestinian territories" is beyond explanation and is plain fraudulent tactic to deprive the Jewish people of the ancestral land as guaranteed by international law and treaties. What is tragic is that the Jews themselves have adopted this usage and made it a cornerstone of their own national policy.
Although, under the law Jerusalem, Judea and Samaria is Jewish territory - No annexation is required.
If anything it may need to be re-incorporated or re-patriated.
Let me pose an interesting scenario. If you had a country and it was conquered by foreign powers over a period of time. After many years you have taken back you country and land in various defensive wars. Do you have to officially annex those territories. It was always your territory and by retaking control and possession of your territory it is again your original property and there is no need to annex it. The title to your property is valid today as it was many years before.
Annexation only applies when you are taking over territory that was never yours to begin with, just like some European countries annexed territories of other countries.
YJ Draiman
Jews hold title to the Land of Greater Israel even if outnumbered a million to one.
The fact that more foreigners than Jews occupied the Land of Israel during certain periods of time does not diminish true ownership. If my house is invaded by a family ten times larger that mine does that obviate my true ownership?