In International Law Does Israel Have the Legal Right to Exist?

America continues its “war on terror” to spread freedom in the Muslim world one Israeli bullet, rocket, missile, bomb, and assassination at a time.

Courtesy: gulfnews.com

(WASHINGTON DC) -  “We Jews forced the Arabs to leave....Here was a people who lived on its own land for 1,300 years. We came and turned the native Arabs into tragic refugees. And still we dare to slander and malign them, to besmirch their name. Instead of being deeply ashamed of what we did and of trying to undo some of the evil we committed by helping these unfortunate refugees, we justify our terrible acts and even attempt to glorify them”

 --Nathan Chofshi, in Jewish Newsletter, February 9, 1959

Why do They Hate Us?  

It is decisions like these by the United States that enrage the entire world, especially the Muslim World.

BREAKING NEWS:

From the Israeli paper Haaretz (12/11/12)

“U.S. to sell Israel munitions to RENEW STOCK after Operation Pillar of Defense”

“The United States will sell Israel munitions worth $647 million, in order to renew the inventory of the Israel Defense Forces following the massive bombings in Gaza during Operation Pillar of Defense.”

Has the U.S. totally lost its mind and soul to Israel and its Jewish Lobby? Has it become incapable of reason or independent thought? Has the superpower become Israel’s brainwashed lapdog?

My God, my God, America is replacing Israel’s weapons that it used in massacring innocent civilians and children in Gaza during its eight day massive assault last November.

America will replace the naval missile that killed a 13 year old girl and her uncle who were simply sitting on a beach in Gaza.

America will replace the rocket fired by an Israeli jet that bombed a United Nations (UNRWA) school killing 2 girls and injuring six. Israel has a long history of bombing UNRWA schools including a School for the Blind.

America will replace the bomb that killed an entire family, the Al-Dalu family, killing 11 people, nine of his family members, including 4 children, an elderly woman, and two of his family’s neighbors.

America has lost its sanity and moral compass, yet continues to prosecute a “war on terror” to spread freedom in the Muslim world one Israeli bullet, rocket, missile, bomb, and assassination at a time.

By divine and international law America is just as guilty as Israel in the commission of these war crimes and all such crimes Israel has committed since 1947-1949 till this day.

It’s American money, American weapons, American provided intelligence, and American vetoes that have provided the cover and impunity for Israel to commit countless war crimes.

But neither Israel, the U.S., Britain, or any western nation will ever be held accountable for their relentless war crimes against the Palestinians or Muslims worldwide.

Israel, a small yet powerful nation, has the America’s political, economic, military, intelligence, and industrial institutions so tied up in knots and webs of money bribes, media smears if necessary, lies, myths, and propaganda that anytime an American politician opens his mouth on the Middle East be assured that those talking points were rammed down his/her throat by AIPAC, Israel’s most powerful lobby and the real power in Washington D.C.

One can only stand back in awe, total amazement, wonder, and I must admit, jealousy, of the Zionist’s sheer genius, short and long term strategic thinking, single minded obsessive determination and focus to achieve their goals, political economic, media, public relations, and most of all their military prowess.

In fact, it was Sigmund Freud’s nephew, Edward Bernays (Jewish), who invented the art of public relations, powerful media and advertising techniques, and the rapid use of press releases utilizing much of the psychological techniques learned from his famous uncle.

The Zionists perfected his techniques to a most extraordinary level especially in the fields of media and public relations. Israel employs a world wide range of media outlets, journalists, and public relations firms to get its message out early and repeated frequently that the western politicians and populations simply and unconsciously digest and parrot the information.

Such powerful propaganda in support of the Zionist cause and Israel began in the late 19^th Century and continues till this day.

Case in point:  

Important to read to understand Israel’s lies that survive till this day.

Read this speech delivered on November 17, 1957 at the United Nations by Abba Eban, Israeli’s representative to the United Nations for his repeated use of the lies that Israel was attacked in 1947 by the Arabs and it was the Arabs fault that created the problem of the Palestinian refugees.

Then read this excellent rebuttal of Eban’s lies and Israel’s myths that continue to this day written by the Irish journalist, Erskine Childers titled : “The Other Exodus” published in 1961.

Does Israel Have an International Legal Basis to Exist?

No, for two reasons as outlined below.

1. General Assembly has no legal right or basis to Partition any land, especially against the wishes of the majority population.
2. U.N. General Assembly Resolution 273 on Israel’s “conditional” admission to the U.N. as a member

After UNSCOP issued its recommendation the General Assembly formed an Ad Hoc Committee on the Palestinian Question to further study the UNSCOP report and make further recommendations to the General Assembly.

The Ad Hoc Committee further created a Sub Committee to study the legal basis of General Assembly Resolution 181 to Partition Palestine.

It concluded that the United Nations has no legal foundation based on its Charter or any International Law to issue such a resolution and to gift a land inhabited by a large majority of peoples who oppose, and rightly so, the loss of their land to a foreign peoples, European Jews.

Jews at this time only owned <7% of the land in Palestine yet Resolution 181 gifted them the majority land of Palestine, 56%.

It observed that the UNSCOP report had accepted a basic premise “that the claims to Palestine of the Arabs and Jews both possess validity”, which was “not supported by any cogent reasons and is demonstrably against the weight of all available evidence.”

It concluded that the U.N. has no legal right to:

“Deprive the majority of the people of Palestine of their territory and transfer it to the exclusive use of a minority in the country…. The United Nations Organization has no power to create a new State. Such a decision can only be taken by the free will of the people of the territories in question. That condition is not fulfilled in the case of the majority proposal, as it involves the establishment of a Jewish State in complete disregard of the wishes and interests of the Arabs of Palestine”.

Thus this conclusion clearly states that Israel has no legal basis to exist.

Nevertheless, the U.N. General Assembly on November 29, 1947 passed U.N. Resolution 181, the so called ‘Partition Plan” due to the powerful political and economic pressure of the United States on Latin American, African nations (Liberia), and the Philippines to vote in favor of the resolution. Nothing in the U.N. Charter allows for such an illegal Resolution.

Additionally, under the U.N. Charter General Assembly Resolutions are Non-Binding and have No enforcement mechanism. They are generally defined as “recommendations”.

As per U.N. protocol the General Assembly forwarded the Resolution to the Security Council for “implementation.” But under U.S pressure the Council postponed discussion of the Resolution indefinitely and thus never voted for the implementation of the Resolution.

Conclusion:

U.N.G.A. Resolution 181 is null and void thereby the Partition of Palestine is illegal and all lands Israel acquired by “force” and “ethnic cleansing” is inadmissible and must be returned to it original owners, the Palestinians.

The second reason Israel’s existence and thus admission to the United Nations as a member state is illegal is U.N. General Assembly Resolution 273 (May 11, 1949) that dealt with Israel’s conditional admission to the U.N. based on Israel’s acceptance of:

1. U.N.G.A Resolution 181: “Partition Plan” of Palestine

-By 1949 Israel had expelled 800,000 Palestinians from their homes and acquired an additional 22% of Palestine by force beyond the 56% of Palestine allocated by U.N.G.A. 181. Thus the Resolution required Israel to return the additional 22% of land it acquired by force.

2. U.N.G.A. Resolution 194: “Right of Return” of Palestinian Refugees or their Compensation.

Israel rejected the Resolution but inexplicably was still admitted to the U.N.

Given that Israel did not meet Resolution 273’s “conditional” requirements for admission, its membership in the U.N. is illegal.

President Truman and the United Nations tried again to get Israel to abide by its conditional admission to the U.N., i.e. to implement both Resolutions 181 and 194, by convening a conference in the summer of 1949 in Lausanne, Switzerland. It became known as the Lausanne Conference. The U.S., U.N., Arab States, and Israel met for five months during that summer with the sole purpose of getting Israel to return additional Palestinian land acquired by force and allow for the “right of return” of Palestinian refugees or their compensation...

Naturally, Israel rejected the plan while the Arabs accepted it.

Truman was furious with Israel and threatened to reassess U.S. relations with it and withhold the $100 Million in aid already promised to Israel if it does not change course and accept the agenda of the Lausanne Conference.

As with all Presidents since then Truman capitulated on his “threats” and sent the money anyway. Nothing has changed since then and Israel learned that America is “easily moved” as Netanyahu recently said and all its threats are as hollow as the souls of Congressmen. America is paralyzed to act against Israel even when Israel kills American citizens.

Such has been the story of Israel. An illegally created state that thrives on military force to complete its Zionist “Greater Israel” expansionism from the Nile to the Euphrates while the world turns a blind eye to the death and suffering of millions of Palestinian families made refugees by the sons of western colonialism, imperialism, and racism.

According to Israel it is always seeking peace but it’s the Palestinians who refuse to make peace.

But, from the mouth of David Ben Gurion, Israel’s founding father and first Prime Minister.

"We do not seek an agreement with the [Palestinian] Arabs in order to secure the peace. Of course we regard peace as an essential thing. It is impossible to build up the country in a state of permanent warfare. But peace for us is a mean, and not an end. The end is the fulfillment of Zionism in its maximum scope. Only for this reason do we need peace, and do we need an agreement."  

--(Shabtai Teveth, p. 168)

Mohamed Khodr is an American Muslim born in the Middle East. He is political activist who frequently writes on the plight of Palestinians living under the brutal occupation of Israel, U.S. Foreign Policy, Islam, and Arab politics.