To truly understand the status of this territory in Greater Israel we have to first differentiate between the personal and the national by YJ Draiman

To truly understand the status of this territory in Greater Israel we have to first differentiate between the personal and the national.

Of course there is land privately owned by Arab-Palestinians in Judea and Samaria, what many call the “West Bank” in seeming deference to the Jordanian occupation, which invented the term as juxtaposition to its eastern bank. These areas, like privately owned territory anywhere in the world, cannot be touched unless there is very pressing reason for a government or sovereign power to do so. These areas, according to Ottoman and British records, constitute no more than a few percent of the total area, meaning the vast majority is not privately owned.

However, to contend that these territories are “Arab-Palestinian” on a national level is problematic. To claim an area belongs to a particular nation requires the territory to have belonged to that people, where they held some sort of sovereignty that was broadly recognized.

All of these criteria have been met historically by the Jewish people, and none by the Arab-Palestinians.

In fact, the Jewish people were provided with national rights in these territories not just by dint of history and past sovereignty, but also by residual legal rights contained in the San Remo Treaty of 1920 confirmed by the 1920 Treaty of Sevres and Lausanne adopted by the League of Nations as the Mandate for Palestine, which were never canceled and are preserved by the UN Charter, under Article 80 – the famous “Palestine Clause,” that was drafted, in part, to guarantee continuity with respect to Jewish rights from the League of Nations.

For the past over 2,400 years, since the destruction of Jewish sovereignty and expulsion of most of its indigenous people, it remained an occupied and colonized outpost in the territory of many global and regional empires.

The Ottomans were the most recent to officially apportion the territory, in what they referred to as Ottoman Syria, which today incorporates modern-day Israel, Syria, Jordan and stretching into Iraq. Before The Ottoman Land Code of 1858, land had largely been owned or passed on by word of mouth, custom or tradition. Under the Ottomans of the 19th century, land was apportioned into three main categories: Mulk, Miri and Mawat.

Mulk was the only territory that was privately owned in the common sense of the term, and as stated before, was only a minimal part of the whole territory, much of it owned by Jews, who were given the right to own land under reforms.

Miri was land owned by the sovereign, and individuals could purchase a deed to cultivate this land and pay a tithe to the government. Ownership could be transferred only with the approval of the state. Miri rights could be transferred to heirs, and the land could be sub-let to tenants. In other words, a similar arrangement to a tenant in an apartment or house as having rights in the property, but not to the property.

Finally, Mawat was state or unclaimed land, not owned by private individuals nor largely cultivated. These areas made up almost two-thirds of all territory.

The area recently declared “State Land” by the Israeli government, a process which has been under an intensive ongoing investigation for many years, is Mawat land. In other words, it has no private status and is not privately owned.

Many claims to the territory suddenly arose during the course of the investigation, but all were proven to be unfounded on the basis of land laws.

Interestingly, it should be clearly understood by those who deem Judea and Samaria “occupied territory” that according to international law the occupying power must use the pre-existing land laws as a basis for claims, exactly as Israel has done in this case, even though Israel’s official position is that it does not see itself de jure as an occupying power in the legal sense of the term. It is only a liberator of its ancestral land.

None of these facts are even alluded to in the many reports surrounding the government’s actions in settlement and housing. This is deeply unjust and a semblance of the relevant background, history and facts would provide the necessary context for what has been converted into an international incident where none should exist.

Many nations and people are questioning Israel’s control of its own liberated territory. No one is mentioning that the Arab countries had persecuted and ejected about a million Jewish families and their children (who lived there for over 2,400 years) from their countries, confiscated their assets, businesses, homes and Real estate property. Over 670,00 Jewish families and their children of these expelled Jewish families and their children were resettled in Greater Israel. The Land the Arab countries confiscated from the Jewish people 120,440 sq. km. or 75,000 sq. miles, which is over 5-6 times the size of Israel, and its value today is the trillions of dollars.