Under international law as embodied in the Mandate for Palestine, Jews were permitted and even encouraged to settle in every part of Palestine

Under international law as embodied in the Mandate for Palestine, Jews were permitted and even encouraged to settle in every part of Palestine. 

Therefore, your references to “illegal” Jewish settlements in “East Jerusalem”, Judea and Samaria are completely baseless, the accusation you make thus lacking even a grain of truth. Further to this, there exists no legal entity called “East Jerusalem”. Jerusalem is a united city under Israeli sovereignty – just as Berlin is a united city under German sovereignty – and you should thus refrain from using a term that has no official existence.

The principal documents of international law that established Jewish legal title to the entire Land of Israel or former Mandated Palestine – and not merely to the State of Israel – are the following:

1.     The Smuts Resolution of January 30, 1919 adopted at the Paris Peace Conference designated “Palestine” as one of six mandated territories to be created; the term "Palestine" as used in 1919 was synonymous with the Jewish National Home, as evidenced by the Balfour Declaration of November 2, 1917 and the Feisal-Weizmann Agreement of January 3, 1919; the Smuts Resolution, named for the South African statesman General Jan Christiaan Smuts, became Article 22 of the Covenant of the League of Nations that created the Mandates System.

2. The 1920 San Remo Resolution of April 25, 1920 adopted by the Principal Allied Powers – Britain, France, Italy and Japan – set aside all of Palestine as the land designated for the reconstitution of the Jewish National Home, based on the historical connection of the Jewish People with Palestine.

3. The Franco-British Boundary Convention of December 23, 1920 fixing the northern and northeastern boundary of Palestine with Syria-Lebanon made it clear beyond any doubt that Judea, Samaria and Gaza were to be parts of the Jewish National Home.

4. 
The Mandate for Palestine confirmed by the Council of the League of Nations on July 24, 1922 details all the Jewish rights to Palestine, in particular, the right of Jewish settlement in all regions of the country with no restrictions.

5. The Anglo-American Convention Respecting the Mandate for Palestine concluded on December 3, 1924 was proclaimed by U.S. President Calvin Coolidge on December 5, 1925, thus becoming – under Article VI of the US Constitution – part of the supreme law of the United States; under this Convention the United States recognized an undivided Palestine as the Jewish National Home. The present policy of the US Executive favoring a two-state solution and denying the right of Jewish settlement in Judea and Samaria is consequently in violation of US public law;

6. Article 70(1)(b) of the 1969 Vienna Convention on the Law of Treaties continues in force the legal rights of the Jewish People to the Land of Israel derived from the Mandate which comes under its purview. Article 70(1)(b) reads as follows:

Article 70

Consequences of the Termination of a Treaty

1.      Unless the treaty otherwise provides or the parties otherwise agree, the termination of a treaty under its provisions or in accordance with the present Convention:

a)…

b) does not affect any right, obligation or legal situation of the parties created through the execution of the treaty prior to its termination.

                

This provision of international law is in effect a codification of a legal norm that existed long before the Vienna Convention was concluded (1969). Hence all the legal rights and title of de jure sovereignty that inhered in the Jewish People under the Mandate continued unabated in full force in favor of the State of Israel after the termination of the Mandate on midnight of May 14-15, 1948 – specifically the right of Jewish settlement.                

7. Article 80 of the UN Charter is another provision of international law that has a direct bearing on Jewish legal rights to the Land of Israel. It provides as follows:

Article 80

Except as may be agreed upon in individual trusteeship agreements… placing each territory under the trusteeship system, and until such agreements have been concluded, nothing [in Chapter XII of the UN Charter dealing with the International Trusteeship System] shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which the Members of the United Nations may respectively be parties…

The long and short of Article 80 of the UN Charter is that it preserves all the legal rights of the Jewish People to the Land of Israel under the Mandate for Palestine which was still in force when the UN Charter was ratified as a treaty in 1945. Any alteration or amendment to the Mandate before its termination in 1948 could only be made in a trusteeship agreement by the states directly concerned. Since no such agreement was ever made at the relevant time before the expiration of the Mandate, all the rights of the Jewish People to the Land of Israel derived from the Mandate were preserved intact, particularly the right of Jewish settlement in all regions of Mandated Palestine, a right that you so ignorantly deny. Article 80 remains of value as a sure-fire defense to block UN infringement of Jewish national rights in the recovered possessions of eastern Jerusalem, Judea and Samaria.

What the European Former Leaders Group has done is to simply ignore the aforesaid documents of international law and begin its analysis or understanding of the situation in the Middle East from the time of the outbreak of the June 1967 Six-Day War. By adopting the wrong departure-date in order to assess the overall Arab conflict with Israel, you have, conveniently for yourselves, attempted to erase from memory the entire legal and diplomatic history that followed in the wake of the dissolution of the Ottoman Empire in 1918. This then enables you to purport to change the legal status of the Land of Israel to suit your pro-Arab prejudices and thus disregard Jewish legal rights to all of the Jewish National Home embodied in international law during the period between 1919 and 1925, rights which remain in force to this very day. 
While Jewish title to the Land of Israel has been recognized in international law in the above-cited legal documents, there is no binding document of international law that recognizes any Arab (what you falsely call “Arab-Palestinian”) rights to this land. Despite this irrefutable fact, which makes a mockery of all your proposals and recommendations, you have chosen to detour around this barrier of truth by inventing and giving credence to the so-called “Arab-Palestinian” Arab rights to the Land of Israel that have absolutely no foundation in international law and, moreover, are prohibited by the doctrine of estoppel which protects the acquired legal rights of the Jewish People to its homeland, including that which you inaccurately call “East Jerusalem” and the “West Bank”, as if the Hashemite Kingdom of Jordan still occupied this territory. There is also the issue of an existing Arab-Palestinian State in Jordan which over three quarters of the Jewish land was taken away from The Jewish allocated territory in violation of International agreements and given to the Arabs as a new State of Jordan.

If a new Arab state of “Arab-Palestine” were to be established, as you propose, the State of Israel would be restricted to what the late former Foreign Minister of Israel, Abba Eban, once called “the Auschwitz borders”. Moreover, the establishment of another so-called “Arab-Palestinian state” in the heartland of the Jewish National Home will engender Arab irredentism to claim for themselves the rest of Palestine in what is now the State of Israel. Arab mortars, missiles and rockets will in such a scenario rain down on the Jewish population centers in Israel and will lead inevitably to a new war and even to the possible destruction of the Jewish State. By advocating an irredentist Arab state in the Land of Israel, you are, consciously or unconsciously (you may take your choice!), yearning for the extinction of the Jewish State which the Arabs have consistently sought ever since the Jews started in the 1880's to return under the impetus of the Zionist Movement to their ancestral homeland.

My client has instructed me to remind the former President of Germany, Richard von Weizsäcker, that his father, when he headed the Foreign Office of the Third Reich under Hitler and Foreign Minister von Ribbentrop, worked assiduously to advance Hitler’s diabolical plan to annihilate European Jewry, as revealed in the recent study carried out by an international team of distinguished historians. In a report of over 900 pages, mention is made of an order signed by Director-General von Weizsäcker to his subordinates to implement the transfer of the Jews of France to the furnaces of Auschwitz. Your Excellency, by adding your name and signature to the evil letter composed by the European Former Leaders Group (EFLG), you make yourself an accessory to the aiding and abetting of the destruction of the Jews of Israel. Do you truly wish to repeat the crimes of your father and finish the work of the Third Reich? If this is not the case, you must publicly withdraw your name and signature from this evil letter within a period not exceeding thirty day from receipt of this letter.

Indeed, my client demands that not only the former President of Germany, but each and every one of the august members of the European Former Leaders Group whose name and signature is affixed to the letter addressed to the President of the European Council withdraw his or her name and issue a public apology to the Jewish People, in particular to the almost six million Jews of Israel for having supported so evil and illegal a scheme that is tantamount to a criminal conspiracy against the Jewish People to deprive them of their ancient homeland, a scheme that could result in a new Holocaust in the 21^st century. If you do not fulfill my client’s demands within the same thirty-day period, you are all hereby notified that legal proceedings will be taken against you jointly and severally in a European court of law, where appropriate damages will be demanded for advocating a plan for the extinction of the State of Israel and denying Jewish legal rights to all areas of the Jewish National Home in the Land of Israel, rights that were legally recognized under international law by your own countries when they were members of the League of Nations. 

Yours truly,

Howard Grief,

Attorney

Copies: Herman van Rompuy,

President of the European Council

            Lady Catherine Ashton,

High Representative for Foreign Affairs and Security Policy

Any Israeli appeasement and capitulations to Arab demands will bring more violence as past history has proven.

Arab terror and violence has nullified any agreements with Israel It is Israel responsibility to give a 90 day notice to the UN and the world at large that it intends to exercise its historical and international rights under international law agreements and treaties of post WWI which are still in effect and have not been superseded or abrogated. Under those treaties all of what is defined as Palestine aka The Land of Israel is in effect belongs to Israel and the Jewish people. The Oslo Accords are null and void as the Arab-Palestinian leader Mahmmoud Abbas (who incites terror and violence) stated to the U.N. that he is not abiding by its terms and never has.

Israel will no longer will tolerate the deceptive Arab term of occupation by Israel of its own territory; it is internationally guaranteed by the April 1920 San Remo Conference and others; it is Jewish land liberated by Israel.

The Arabs and some of the international community deceptively believe that Israel is the occupier of its own historical territory.

It is the Arabs who are the occupiers of Jewish territory and commit a continuous terror and violence.

It is the Arab countries who terrorized and expelled over a million Jewish families and confiscated all their assets, including personal items, businesses, homes and over 46,000 sq. mi. of Jewish owned Real estate for over 2,600 years. Most of the expelled Jewish families from Arab countries were resettled in Israel and today comprise over half the population in Israel.

The Arabs received over 6 million sq. mi. of territory after WWI with a wealth of oil reserves and these territories are not questioned including Jordan which is Jewish territory. But the Arabs/Muslims will not be satisfied until they take over the whole world, not just Israel.

It is time to face reality and stop deluding yourselves; we are dealing with Arabs/Muslims who for centuries cannot make peace between themselves; they are killing each other by the millions; and you expect them to make peace with Israel. After 70 years of efforts and concessions by Israel, it is time to change direction and reclaim what is justly and legally Jewish territory.

YJ Draiman

Zahir muhsein an Arab-Palestinian leader; we are all one people

Zahir Muhsein told the following to the Dutch newspaper Trouw in a 1977 interview:

The Arab-Palestinian people do not exist. The creation of a Arab-Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Arab-Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Arab-Palestinian people, since Arab national interests demand that we posit the existence of a distinct ‘Arab-Palestinian people’ to oppose Zionism for tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa. While as a Arab-Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine aka Israel, we will not wait even a minute to unite Palestine and Jordan.

The fact of the matter is that Arab “Palestinian” is neither an ethnicity, nor a nationality.  Palestine aka Israel was never an Arab-Muslim country, but merely a region within the greater Ottoman Empire.

The Arab-Palestinians are the occupiers of Jewish land Tell the World they are delusional in thinking that Arabs belong in Israel - There will never be an Arab/Palestinian State together or adjacent to Eretz Israel aka The Land of Israel. There has never been such a nation as the Arab/Palestinian People. The Arab/Muslim Koran specifically states in The Qur'an 17:104 - states the land belongs to the Jewish people If the historic documents, comments written by eyewitnesses and declarations by the most authoritative Arab scholars are still not enough, let us quote the most important source for Muslim Arabs: "And thereafter we [Allah] said to the Children of Israel: 'Dwell securely in the Promised Land. And when the last warning will come to pass, we will gather you together in a mingled crowd'.". Any sincere Muslim must recognize the Land they call "Palestine" as the Jewish Homeland, according to the book considered by Muslims to be the most sacred word and Allah's ultimate revelation.

Any construction and building of housing in The Greater Israel west of the Jordan River is the right, duty and obligation of the Israeli government. There is no such a thing as occupied territory. It is the land of Israel for over 4,000 years, going back to the days of Abraham, Isaac and Jacob.

Sequence of historical events, agreements and a non-broken series of treaties, agreements and resolutions, as laid out by the April 1920 San Remo Resolution which incorporated the Balfour Declarationas international law, and the League of Nations carried out part of those agreements and togethere with the United Nations, recognized the Jewish People title to the city of Jerusalem and the rest of Israel as mandated at the April 1920 San Remo which also allocated the Arabs over 6 million sq. mi. of territory with a wealth of oil reserves. Let the Arab nations take the Arab Palestinians and settle them in the Million plus Jewish homes and the over 46,000 sq. mi. of Jewish owned Real estate in the Arab countries for over 2,600 years that the Arabs terrorized and expelled over a million Jewish families from their countries which were resettled in Israel, and allow the Jewish nation to live in peace.

A true peace in the Middle East will be an economic phenomenon that the world has never seen. But this can only be accomplished when there is a real and true peace.

The Arabs must stop preaching and teaching hate and violence to their children and the masses. Any liberal Israeli that is delusional about Arab intention and wants to give any land in Israel to the Arabs should leave Israel; he does not belong in Israel.

YJ Draiman

How many holidays do the Arabs-Muslims celebrate due to historical events in the land of ancient Israel and Jerusalem.

The Jewish people celebrate most of their holidays and fast days in memory of Jerusalem and Israel.

The Jewish soul is attached to Jerusalem and the goal and aspiration to return to Israel and rebuild the Temple in Jerusalem – where it was before it was destroyed and desecrated by the enemies of the Jews. Many of the Jewish prayers for thousands of years recite the love of Israel and the Jewish aspirations to return to their ancestral land and bring back its glory and holiness.

At Jewish weddings they break a glass in memory of Jerusalem and the aspiration to return and build the Temple.

YJ Draiman