This popular post was first published here on Feb. 8, 2011.
Unable to defeat Israel on the battlefield or intimidate her by decades of terror her Muslim tormentors have anxiously turned to a different strategy. In defiance of the mountains of historical and archeological facts, let alone the biblical evidence, they have embarked on a strenuous effort to turn history upside down and wage a campaign to prove that Israel and the Jews have no legal right to the Land of Israel and that it should always have been a land over which Islamic supremacists hold dominion.
Their insatiable appetite for historical revision, bolstered by an American president who conveniently suffers from historical amnesia, has led them into the realm of lawfare, where if you torture the facts long enough eventually the facts will tell you anything you wish to hear.
However, as Howard Grief pointed out in his essay, “Legal Rights and Title of Sovereignty of the Jewish People to the Land of Israel and Palestine under International Law,” before the Arab Palestinians’ romp of fantasy can be realized they need to disprove the legitimacy of the Balfour Declaration of 1917, the Mandates System established and governed by Article 22 of the Covenant of the League of Nations contained in the Treaty of Versailles and all the other peace treaties made with the Central Powers, i.e. Germany, Austria-Hungary, Bulgaria and Turkey.
The Covenant was the idea of president Woodrow Wilson and contained his program of Fourteen Points of January 8, 1918 while Article 22, which established the Mandates System, was largely the work of Jan Christiaan Smuts who formulated the details in a memorandum that became known as the Smuts Resolution, officially endorsed by the Council of Ten on January 30, 1919 in which Palestine as envisaged in the Balfour Declaration was named as one of the mandated states to be created.
The official creation of the country took place at the San Remo Peace Conference (1920) where the Balfour Declaration was adopted by the Supreme Council of the Principal Allied Powers as the basis for the future “administration” of Palestine which would henceforth be recognized as the Jewish National Home.
Grief goes on to say that the moment of birth of Jewish legal rights and title of sovereignty thus took place at the same time Palestine was created a “mandated” state since it was created for NO other reason than to “reconstitute” the ancient Jewish state of Judea in fulfillment of the Balfour Declaration and the general provisions of Article 22 of the League Covenant. This meant that Palestine from the start was legally a Jewish state that was, in theory, to be guided toward independence by a Mandatory or Trustee, also acting as Tutor (this turned out to be Great Britain) and who would take the necessary political, administrative and economic measures to establish the Jewish National Home.
The details for the planned independent Jewish state were set forth in three basic documents which may be termed the founding documents of mandated Palestine and the modern Jewish state of Israel that arose from them. These were: the San Remo Resolution of April 15, 1920; the Franco-British Boundary Convention of December 23, 1920; and the Mandate for Palestine conferred on Britain by the Principal Allied Powers and confirmed by the League of Nations on July 24, 1922.
These founding documents were supplemented by the Anglo-American Convention of December 3, 1924 respecting the Mandate for Palestine. It is of supreme importance to realize that these documents are the source of Jewish legal rights and title of sovereignty over the land of Israel under international law. Therefore, it is impossible to “occupy” territory you already own regardless of the mistakes made by successive Israeli governments during the intervening years and, alas, there have been plenty of them but none significant enough to have revoked their root of title or legal sovereignty.
No matter how long or how often they repeat their lies the Arab Palestinians simply have no case. As for the policies being proposed in the United Nations, the European Union, Russia, Brazil, Argentina, Uruguay and the Oval Office they are a stark reminder of Goethe’s observation that there is nothing so frightful as ignorance in action.
For 63 years Israel has been an embattled outpost of Western values surrounded by genocidal enemies whose undiminished goal is her extinction. She is on the front lines against the relentless march of Islamic totalitarianism which threatens to provide us all with a one-way ticket back to the seventh century. On that journey we would be treated to all the brutality, all the cruelty and all the barbarism enshrined in Islam’s title deed, namely the Koran itself. We must go where the evidence leads.
The annihilation of Israel would be a vital step in the eventual establishment of an Islamic caliphate in the region comprised of Iran, Jordan, Syria, Lebanon, Turkey, and Egypt. As Israel goes so surely will go the rest of us, so for her own survival, as well as for ours, Israel must proclaim her right as she was given that right and defend that right whenever it is challenged and whatever the cost.
“What stronger breast-plate than a heart untainted!
Thrice is he arm’d that hath his quarrel just,
And he but naked, though lock’d up in steel,
Whose conscience with injustice is corrupted.”