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Recent History Relevant to the Disputed Territories Rev Z7.pptx

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4 July 2013 version of presentation to Brandeis class about the "Disputed Territories."

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Is Someone Conducting a Land Grab in Israel?

The Brandeis University seal states Truth, even unto it innermost parts. Truth may have both attractive and unattractive components but its the truth.

Under this concept of studying the truth in depth1

Before beginning I wish to note in order to insure accuracy in the material to be presented that this presentation has been vetted by X people, that include an Egyptian who is an Islamic scholar.

The Brandeis University seal states Truth, even unto it innermost parts. Truth may have both attractive and unattractive components but its the truth.

Under this concept of studying the truth in depth, lets explore the Muslim Brotherhood2TruthOpposite: Falsehood

In accord with fact or realityFactSomething that really occurredOr, is actually the case

Test for fact: verifiability Its always trueCan be proven to correspond to experienceFact & OpinionFormer Senator Daniel Patrick MoynihanEveryone is entitled to his own opinion, but not to his own facts1Identify our opinions (personal interpretations) as suchSupport opinions with facts

Learn from one another

1. http://www.goodreads.com/quotes/1745-everyone-is-entitled-to-his-own-opinion-but-not-toRecent History Relevant to the Disputed TerritoriesHas Someone Been Conducting a Land Grab in Israel?HistoryProgression of important events related to disputed territories

Judea & Samaria Administered territoriesDisputed territoriesTerritoriesUnallocated territoriesWest BankOccupied territories (legal / illegal)

2600 BCESkip conversations between God and Abraham, Isaac and Jacob:

Promised land to Patriarchs and their descendantsWho has lived in the land subsequently ?

19th Century1838 British Vice Consulate established to afford protection to Jews generally1.

1857 - James Finn, British Consul General:

. . . the country (Judea/Samaria) is in a considerable degree empty of inhabitants2The lands greatest need is that of a body of population3

Then, if there were few people, who was in land?who owned the land?who did settle the territory subsequently?

http://www.jstor.org/discover/10.2307/4466386?uid=3739696&uid=2129&uid=2&uid=70&uid=4&uid=3739256&sid=21101877530533http://www.tandfonline.com/doi/abs/10.1080/00263207908700414?journalCode=fmes20The Rights of the Jewish People to a Sovereign State in Their Historic Homeland, Dore Gold and Jeff Helmreich1839 British Vice Consulate established to afford protection to Jews generally.91867 Mark TwainNeither an Arab nor a Jew, reports

. . . a continuous Jewish presence in Jerusalem, Hebron and other parts of Israel for thousands of years1.

200 or so Jewish families (in Shechem [Nablus]), who had lived there for thousands of yearscould trace forefathers without a flaw2

What caused the population to increase subsequently?

www.katzjcc.org/pdf/culture/jerusalem-city-of-gold.pdfhttp://www.mtwain.com/Innocents_Abroad/53.html1882 1903First Aliya1 to Israel25,000 -35,000 Jewish peopleWhy? Millennia of religious & economic persecutionAgricultural development & live in freedomNo displacement of existing populationCreated employmentPotential jobs attracts Arab workers from other places

1. http://en.wikipedia.org/wiki/AliyahLand Purchases 1880-19481,273 percent of Jewish plots purchased from large landowners (e.g. absentee Ottoman landlords), not poor fellahin living on land. Price paid was up to 10x fair market valueOthers selling land included: Muslim Mayors of Gaza, Jerusalem and Jaffa. King Abdullah leased land to the Jews. Many Arab nationalist movement leaders including, Muslim Supreme Council membershttp://en.wikipedia.org/wiki/Jewish_land_purchase_in_Palestine "The Arabs in Palestine". Retrieved 2009-04-15

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1914 -1918World War I1War declared by Germany & TurkeyWar lost by Germany & TurkeyEnds the Ottoman Empire. Turkey loses control of lands including current day2:

1916 Sykes-Picot pact divides lands between UK & France

IsraelLebanonSyriaJordanSaudi ArabiaIraq

http://en.wikipedia.org/wiki/World_War_I#Armistices_and_capitulationshttp://en.wikipedia.org/wiki/Treaty_of_Lausanne(Ottoman Empire)

1917 Balfour Declaration1

Letter from Foreign Minister declares:British favour a Jewish homeland in PalestineUK will use its best endeavors to facilitate this objectiveAnd, nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine. Unstated political or national rights2

http://en.wikipedia.org/wiki/Balfour_Declaration http://docstalk.blogspot.com/2012/09/scobbies-do-on-levy-report.html1920 San Remo Peace Conference1International Community instructs Great Britain, in binding terms, to prepare Palestine to become national home for the Jewish people

1. http://en.wikipedia.org/wiki/San_Remo_conference1920 Treaty of Sevres1Article 95 - Differentiates mandate of Syria et al from Palestine due to Jewish right to plenary settlement to enforce Balfour Declaration.Article 6 . . . right of Jewish people to settle in the whole of mandated territory

1. http://en.wikipedia.org/wiki/Treaty_of_S%C3%A8vres#British_Mandate_for_PalestineBritish Mandate Physical Area1

http://www.google.com/imgres?q=British+Mandate+Physical+Area&hl=en&sa=X&biw=1143&bih=539&tbm=isch&tbnid=c0Rdh4dIhO0sZM:&imgrefurl=http://bokertov.typepad.com/btb/2005/05/&docid=N4QPN48eEHum1M&imgurl=http://bokertov.typepad.com/btb/images/map_1923_british_mandate_less_jordan.gif&w=400&h=682&ei=P3tlUc-5IpDE4APXn4CYDw&zoom=1&iact=hc&vpx=617&vpy=2&dur=2047&hovh=293&hovw=172&tx=91&ty=141&page=2&tbnh=138&tbnw=81&start=21&ndsp=26&ved=1t:429,r:31,s:0,i:183http://en.wikipedia.org/wiki/British_Mandate_for_Palestine_(legal_instrument)League of Nations Preamble & Article 25: a national home for the Jews west of the Jordan21922 League of Nations MandateFor Palestine (Preamble)1Affirms:Balfour DeclarationTreaty of SevresGrants: Jewish people right to settle in the mandated territory

1. http://en.wikipedia.org/wiki/British_Mandate_for_Palestine_(legal_instrument)#Establishment_in_Palestine_of_a_national_home_for_the_Jewish_people1922 Lodge-Fish Joint Resolution1US Senate & House of Representatives"Favoring the establishment in Palestine of a national home for the Jewish people.Unanimously passed by both houses and signed by the president Harding.2

http://en.wikipedia.org/wiki/Israel%E2%80%93United_States_relationswww.globalpolitician.com/print.asp?id=60791945United Nations EstablishedArticle 80 Palestine Clause1,2Continues obligations of Balfour Declaration and subsequent related treatiesElevates Balfour responsibilities to current world body beyond UK and League of Nations obligations Balfour Declaration has never been superseded by an internationally binding agreement

1. http://www.algemeiner.com/2011/09/22/article-80-and-the-un-recognition-of-a-%E2%80%9Cpalestinian-state%E2%80%9D/2. http://www.fsmlaw.org/miscdocs/uncharter.htm1947 UN Partition Plan1UN approves proposal to divide Mandate Palestine into two states - one Arab and one Jewish

1. http://en.wikipedia.org/wiki/United_Nations_Partition_Plan_for_PalestineArab StateJewish StateHill country Judea/SamaraIsrael creation (6 months)No sovereign power selected1948 State of IsraelEstablished and recognizedOriginal UN borders not accepted by Arabs1As a result, Israel didnt feel obligated to accept proposed borders.

1. http://www.jewishvirtuallibrary.org/jsource/History/partition_plan.html1948 Arab-Israeli War1,2Arabs reject UN partition plan & 5 Arab armies attackJordan captures West Bank and eastern part of Jerusalem. Term West Bank created by Jordan to identify land illegally occupied west of the Jordan river. War of aggression (not defensive war) by ArabsNo Arab Palestinian state establishedMandatory Palestine => Transjordan renamed Jordan (78%) + Israel (22%)

1.http://en.wikipedia.org/wiki/1948_Arab%E2%80%93Israeli_War2. http://www.mythsandfacts.org/media/user/documents/Israel%20Wars.pdf1949 -4th Geneva Convention1Purpose: Prevent Nazi type occupation of another countryDefined term Occupied TerritoryRequires: invasion of a sovereign stateWest Bank was not a, nor part of, a sovereign stateArticle 49 prohibits individual or mass forcible transfersSettlement of West Bank was by individuals No forced Jewish deportations by stateNo Palestinian deportations from West BankThus under 4th Geneva Convention land not considered occupied

1. http://www.algemeiner.com/2013/03/04/the-myth-of-jewish-settlements-in-international-law/

1950 - Jordan Attempts West Bank AnnexationNot recognized by any Arab country1No international recognition, except for UK and Pakistan1Later, in 1988 King Hussein announces full legal and administrative disengagement from the West Bank2Thus, West Bank was never recognized as part of a sovereign power

1. http://en.wikipedia.org/wiki/Jordanian_occupation_of_the_West_Bank2. http://www.kinghussein.gov.jo/his_periods9.html251964 PLO CovenantArticle 24: This Organization [PLO] does not exercise any territorial sovereignty over the West Bank 1, 2

Therefore, since the West Bank was not under any recognized sovereign control, it is not occupied territory.

Consequently, any acquisition of Judea/Samaria is a land grab of an area, mandated by the League of Nations, and affirmed by the UN as a Jewish homeland.

http://en.wikipedia.org/wiki/Palestine_Liberation_OrganizationLater revised in 1968 covenant, Y. Harkabis, The Palestinian Covenant and its Meaning 1978

1967 Six Day WarInitiated by Egypt massing troops & demanding UN troops withdraw from Sinai buffer.1Israel initial actions - to prevent invasionFor Israel this war, and prior wars, were defensive wars.For Arab countries these wars were wars of aggressionUnder Geneva Convention IV, Arabs cant acquire land in war of aggression.2,3

http://www.jewishvirtuallibrary.org/jsource/History/67_War.htmlhttp://www.think-israel.org/grief.4thgenevaconvention.htmlIsrael's 1967 Six-Day War - The Legal Aspects of Coming into Possession of the TerritoriesJune 5, 2008|Eli E. Hertz 1967 - UN 242 Resolution1 Resolves Six Day War Principles:Inadmissibly of acquisition of territory by war Withdrawal of Israel armed forces from territories . . . Political independence of every State in the area and their right to live in peace within secure and recognized boundaries, free from threats or acts of force. Thus 242 contemplates defensible borders for Israel.

1.http://unispal.un.org/unispal.nsf/0/7D35E1F729DF491C85256EE700686136UN 242 Interpretation1Eugene Rostow, US Under Secretary of State, creator of resolution 242, explicitly comments on the meaning of UN resolution 242. Terms refer to "territories," not to "all " territories nor to "the" territory- but rather, that Israel could retain territory consistent with secure and peaceful borders.Israel administers territories until a just and lasting peace in the Middle East is achieved. Thus the territories are then occupied but they are legally occupied, till Israel and others have secure and peaceful borders.

1. http://www.mythsandfacts.org/conflict/10/resolution-242.pdfPre1967 Armistice Lines Secure & Peaceful Borders?

40 minute drive

Ben Gurion Airport

1967 Arab Response*Khartoum 8 Heads of Arab States: 3 Nos1No Peace (with Israel)No NegotiationNo RecognitionIslamic Supremacy (Religious + Political)2* Dar al-Islam vs. Dar al Harb (house of war)3 *Driving force today- especially extremists (e.g. Salafi, Wahhabis, Hamas) who intimidate the moderates.

http://en.wikipedia.org/wiki/Khartoum_Resolutionhttp://www.islam-watch.org/authors/59-kammuna/1034-bane-of-islamic-supremacy.htmlhttp://wikiislam.net/wiki/Dar_al-HarbHamas 1988 Charter Highlights1 &Fatah / Abbas AlignmentIsrael will exist and will continue to exist until Islam will obliterate it the land of Palestine is an Islamic Waqf consecrated for future Moslem generations until Judgment Day. It, or any part of it, . . . should not be given up.Initiatives, and so-called peaceful solutions and international conferences, are in contradiction to the principles of the Islamic Resistance Movement

Abbas (Fatah) I dont see much difference between their (Hamas) policy and ours . . . There is no need to label them as a terrorist organization.2

http://avalon.law.yale.edu/20th_century/hamas.aspThe Jewish Advocate, April 12, 2013 Lets speak honestly with the Palestinians.

Abbas Views on Jews in PalestineI'm willing to agree to a third party that would supervise the agreement, such as NATO forces, but I would not agree to having Jews among the NATO forces, or that there will live among us even a single Israeli on Palestinian land. Judenrein (Jew free)1. http://elderofziyon.blogspot.com/2010/08/abbas-wants-judenrein-palestine.htmlKeys to PeaceEgypt and Jordans peace with IsraelLasting 34 and 19 years respectivelyRejected all 3 Khartoum NosCourage US SupportStart with simply recognizing Israel (as a Jewish state)Negotiate without preconditions(Unwillingness to do so shows intent to exacerbate the conflict)

1993 Oslo AccordsPossesses legal forceNo prohibition on existence or growth of Jewish communities on the West Bank1,2.Why make settlements an issue in the last few years?Arab/ Palestinian reaction re: Living peacefully with Israel1937 Peel Commission - Reject 1948 UN Partition Start war1967 Initiate war 1973 Initiate war2000 Ehud Barak Offer Intifada2008 Olmert peace offer Reject. . . . . . . . .

Article XXXI(5) of Oslo (2) Accordshttp://muftah.org/original-sin-how-the-oslo-accords-enabled-continued-settlement-growth-by-khaled-elgindy/

Legal Occupation of West BankProfessor, Judge Schwebel, PresidentInternational Court of Justice 1981-20001 "a state [Israel] acting in lawful exercise of its right of self-defense may seize and occupy foreign territory as long as such seizure and occupation are necessary to its self-defense;"As between Israel, acting defensively in 1948 and 1967, on the one hand, and her Arab neighbors, acting aggressively, in 1948 and 1967, on the other, Israel has the better title in the territory of what was Palestine, including the whole of Jerusalem ..."

1. http://www.jstor.org/discover/10.2307/2198669?uid=3739696&uid=2129&uid=2&uid=70&uid=4&uid=3739256&sid=21102096883321

Disputed Territories Interim SummaryNo political entity called Palestine ever existed, except as Roman provincial designation, revived in 20th century, as a League of Nation mandatory appellation. (No Palestine province [sanjak] in Ottoman Empire)

West Bank was never Palestinian sovereign territory. Called Judea & Samaria which had a continuous Jewish presence for 1000s of years

Interim Summary2. Whats in a Name?Judea & Samaria Standard names used for centuries, including League of Nations documents, British Mandate documents, Encyclopedia Britannica, etc.West Bank Recent construct when Transjordan, changed its name to Jordan, illegally occupied west bank of Jordan River.Administered UN 242Disputed, The Territories NeutralOccupied Legal (242)

UK acquired Judea/Samaria from WWI conquest. Through the Balfour declaration, UK favored land to be used by Jewish people for a homeland. This was also affirmed & expanded by Treaties ending WWI, League of Nations, and ultimately UN resolutions.UN 242 contemplates defensible borders for Israel. Otherwise secured and recognized boundaries, free from threats or acts of force, becomes a meaningless phrase.Jordan acquired West Bank (Judea/Samaria) from 1948 war of aggression. Annexation attempt failed.

Disputed TerritoriesInterim SummaryPLO 1964 Covenant states the PLO does not exercise any regional sovereignty over West BankTerritories never belonged to a sovereign power Fourth Geneva Convention, Article 49, they are not illegally occupied.

Disputed Territories Interim SummaryWest Bank/ Judea & Samaria Not a territory of any signatory power Unallocated part of British mandate.No sovereign country had recognized claims on West Bank Land is not illegally occupied (4th Geneva Convention)Israel administers territories until a just and lasting peace in the Middle East is achieved. (67+ UN 242)

Disputed Territories Interim SummaryDisputed Territories Interim SummaryLands of Judea and Samaria Granted by UK and League of Nations under international law, not as a gift but as a historical right reaching back into antiquity, as the Jewish peoples entitlement. Thus, if there is a land grab taking place its not by Israel, but by the Palestinians and Arabs.

End of International Legal DiscussionNon-Legal ViewsIncontrovertible History: The Jewish people were in the land for millennia.

Archeology: You cannot sink a shovel in Israels soil without bringing up Jewish artifactsSee list at link below for 100s of Jewish artifacts going back thousands of years.http://en.wikipedia.org/wiki/List_of_artifacts_significant_to_the_Bible

Non-Legal Views (cont)Continuous Presence & Commitment1: Though not a majority until 1948, Jewish people were always trying to return to Israel. Whenever Jewish presence grew, they were constantly being removed, only to return again. Jewish people have been saying Next year in Jerusalem at end of every Passover Seder for a 1000 years

1. http://www.americanthinker.com/printpage/?url=http://www.americanthinker.com/articles/../2013/02/how_not_to_defend_israel.htmlNon-Legal Views (cont) DNA DNA: Evidence shows that most Jews have a genetic connection to the Mideast.

While not all modern Jews are descendants of Abraham, Isaac, and Jacob, clearly most are1.

1. http://www.americanthinker.com/printpage/?url=http://www.americanthinker.com/articles/../2013/02/how_not_to_defend_israel.htmlCivil RightsParts of West Bank land - purchased by Jewish individuals and organizations1. Prohibiting Jewish settlement on this purchased land, just because they are Jewish, would be a violation of their civil rights.Abbas concept of Judenrein (Jew free) land is ethnic cleansing. Where are the western worlds liberal values?1. http://thejewishreporter.com/2012/06/15/the-truth-behind-jews-secretly-purchasing-west-bank-land/

West Bank Settlement Issue TodayLand purchased by Jews since late 1880s1Israel was building and living in West Bank settlements when Egypt & Jordan entered into peace agreements with IsraelPalestinians entered into 6 prior agreements with Israel2None of these parties contemplated the absence of Jews in Samaria/Judea in these peace agreementsWhy raise issue now?

http://en.wikipedia.org/wiki/Jewish_land_purchase_in_Palestinehttp://tinyurl.com/GlickLondonNon-Legal Views (Final)The Bible: If one believes it, there is no equivocation in the Abrahamic Covenant. No escape clause.God gave the land of Israel to the Jewish people and reaffirmed it many times as illustrated by His conversations with: Abraham (Genesis 17:8) and to his descendants throughIsaac (Genesis 26:2-5) Jacob (Genesis 28:1-4,13-14).That means the land belongs to the descendants of Jacob, whose name was changed to Israel. In other words, the land belongs to the children of IsraelAlso giving the land to these people was restated toMoses (Exodus 6:2-5)Joshua (Joshua 1,2)

SummaryIsrael has theLegal, Archeological, Historical, Genealogical, Civil rights andBiblical rights

to have its people settle in the ancient land of Israel.50EndCarol Glick presentation to ICQ Forum on Is Israel Destroying Itself with its Settlement Policy?14 min.http://www.mrctv.org/sites/default/files/embedcache/119650.html

Disputed TerritoriesModern Political Status

Time PeriodStatusApplicable Law15th to 19th century to 1918Provinces of Sovereign Ottoman Empire1920Unallocated part of British MandateLeague of Nations1947UN Partition into Jewish and Arab statesUnited Nations1948Judea / Samaria not a territory of any signatory powerUnited Nations1948-1967Jordan illegally occupies. No Arab country recognized Jordans annexation claimUnited Nations.1964PLO states it doesnt exercise any territorial sovereignty over West BankFree will statement1967Land legally occupied, Israel administers until a just and lasting peace in ME is achievedUN 242Rostow interpretation1993No prohibition on existence or growth of Jewish communities in West BankOslo Accords1994Israel has better title to Palestine including whole of JerusalemInternational Court of Justice Judge Stephen Schwebel, President, 1981-2000.

Time PeriodStatusApplicable Law15th to 19th century to 1918Provinces of Sovereign Ottoman Empire (Vilayet of Beirut Sanjak of Acre & Nablus) & Sanjak of JerusalemOttoman1920Unallocated part of British MandateLeague of Nations1947UN Partition into Jewish and Arab statesUnited Nations1948Judea / Samaria not a territory of any signatory powerUnited Nations1948-1967Jordan illegally occupies. No Arab country recognizes Jordans annexation claim.United Nations.1964PLO states it doesnt exercise any territorial sovereignty over West BankFree will statement1967Land legally occupied, Israel administers until a just and lasting peace in ME is achievedUN 242Rostow interpretation1993No prohibition on existence or growth of Jewish communities in West BankOslo Accords 1994Israel has better title to Palestine including whole of JerusalemInternational Court of Justice Judge Stephen Schwebel, President, 1981-2000.