Claim

Israeli settlements are illegal

Fact

The only binding resolution of international law, a resolution which has never been countermanded to this very day, is the July 1922 Mandate for Palestine. Adopted by the League of Nations, that resolution recognized the “historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country.” It called for the creation of a Jewish national homeland anywhere west of the Jordan River.

Once the League of Nations was disbanded and the United Nations formed in its stead, the international community agreed to maintain all agreements.

The legality of the 1922 Mandate was adopted that same year by the U.S. Congress in H.J. Res. 360 and signed by President Warren Harding. The newly created Arab country of Jordan attacked Israel in 1948 seeking to annihilate its inhabitants and illegally occupied Judea and Samaria until 1967. That year, Israel won back the territory originally allocated for a Jewish State as part of the 1922 League of Nations agreement.

There is no such thing as “’pre-67 borders.” They were merely 1949 armistice lines between Israel and neighboring countries after they launched an illegal war of extermination. It has nothing to do with the notion of a unique Arab “Palestinian” entity west of the Jordan River. There was never any internationally recognized legal sovereign occupying Judea and Samaria from the time the British Empire fell until 1967. Jordan’s occupation of the area west of the Jordan River was never recognized.

Although the U.N. has bloviated time and again about Israel “withdrawing” from the region, those are merely recommendations and political arguments. They are not legal arguments because once that land was allocated for the Jewish state by the binding charter of the U.N., it cannot be rescinded without Israel’s consent any more than Florida can be taken away from the U.S. and be returned to Spain without our consent.

See also Here for legal right of Israel

 

FULL TEXT:

The notion that there is any moral equivalence between Jews building homes in their homeland that they won back in a defensive war (after it was illegally occupied by Jordan) and brutal terrorists illegally occupying land that was never given to them, is reprehensible. But first, a brief history lesson …
The only binding resolution of international law, a resolution which has never been countermanded to this very day, is the July 1922 Mandate for Palestine. Adopted by the League of Nations, that resolution recognized the “historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country.” It called for the creation of a Jewish national homeland anywhere west of the Jordan River.
Once the League of Nations was disbanded and the United Nations formed in its stead, the international community agreed to maintain all agreements and not “alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties.” [Article 80, UN Charter, emphasis added] This provision wasn’t inserted by accident; it was known as “the Jewish People’s clause” at the time it was adopted in 1945 in order to enshrine the 1922 Mandate into international law.
The Mandate for Palestine adopted by the League of Nations was the last legally binding document delineating regional borders. In Article 5 of the Mandate it explicitly states “The Mandatory shall be responsible for seeing that no Palestine territory shall be ceded or leased to, or in any way placed under the control of the Government of any foreign Power.”
The Palestine Mandate (and Iraq) was given to Britain to serve as a temporary trustee based on the resolution between the four principle Allied Powers in April 1920 at the San Remo Conference in Italy, which was signed by 51 nations. It was at that conference where the world powers adopted the 1917 Balfour Declaration (which originally allocated the eastern part of the Mandate for a Jewish state as well) creating a Jewish state. This same conference that created the Jewish state west of the Jordan River also created Syria, Lebanon, Saudi Arabia, Jordan, and Iraq as Arab states.
The legality of the 1922 Mandate was adopted that same year by the U.S. Congress in H.J. Res. 360 and signed by President Warren Harding. The newly created Arab country of Jordan attacked Israel in 1948 seeking to annihilate its inhabitants and illegally occupied Judea and Samaria until 1967. That year, Israel won back the territory originally allocated for a Jewish State as part of the 1922 League of Nations agreement.
There is no such thing as “’pre-67 borders.” They were merely 1949 armistice lines between Israel and neighboring countries after they launched an illegal war of extermination. It has nothing to do with the notion of a unique Arab “Palestinian” entity west of the Jordan River. There was never any internationally recognized legal sovereign occupying Judea and Samaria from the time the British Empire fell until 1967. Jordan’s occupation of the area west of the Jordan River was never recognized. To the extent there is an Arab Palestinian state it is the modern state of Jordan, which already sucked up 77% of the original Mandate of Palestine allocated for a Jewish State under the first plan of the Balfour Declaration.

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