UN humanitarian coordinator Maxwell Gaylard said, “Evictions of Palestinians from their homes and properties in occupied territory contravene international law, including the Fourth Geneva Convention, and should cease.” There is a lot wrong in this simple sentence of which its hypocrisy is probably the most alarming. Where was Mr. Gaylard when the Israeli IDF supporting other enforcement personnel of the Israeli government used extreme and abundant violence against unarmed Jewish protesters and Jewish residents in Amona and Gush Katif? The only thing remarkable from the United Nations is the complete and total silence each and every time Israeli Jews are dispossessed of their homes which they very likely built on land or bought and have valid deeds such as the recent eviction of Beit Machpelah House recently where fifteen Jewish residents were evicted from their recently legally purchased building simply because Defense Minister Barak decided that to allow them to remain might cause the Arab residents from the neighboring areas to riot or protest. But let Palestinian squatters who have taken up residence inside a residence which is legally owned, as validated by a court of law, be removed by law enforcement enacting a court order almost a year after the decision had been passes down and using the most gentle care not to harm or even unnecessarily cause distress to the law-breaking squatters and the United Nations suddenly finds their voice and vociferously denounce this, by their judgment, violation of international laws by the racist and violent occupying Jews. The disparity between the reactions is beyond belief.
The next disparity is the use of the false term “occupied lands” to describe the areas of Judea and Samaria. Let’s take a quick look at the legal definitions and the history which will reveal the lie to the claims of occupation of Judea and Samaria and reveal their actual standing. We will not go to the extremes of perusing the ownership of the lands between the Jordan River and the Mediterranean Sea from before the roman empire though for most of the 3000 years before Rome that land was known as the land of the Hebrews or the Judean which was the name of one of the tribes of Israel, Judah. Rome held this land until it passed into the hands of the conquering Muslims out of the Arabian Peninsula. The land then passed back and forth between the Muslims and the Christians during the ages of the Crusades finally residing as wastelands within the Ottoman Empire where much of the lands were owned by absentee landlords as nobody who could afford to leave the barren rocky lands interspersed between swamplands and the Negev Desert in the south.
Every written account of visits to the area described a land suffering from lack of attention with a few subsistence farms and half deserted cities. Jerusalem was the largest of the cities in the area and was possessed by a Jewish majority for much of these years with the exception of periods when either the ruling Muslims or Christians forced the Jews out from the city, yet they always returned. Even during the short period when the Umayyad Caliphs declared that Muslims could make the Hajj by traveling to Jerusalem to the Mosque there when their rivals blocked their access to Mecca, Jerusalem with its undesirable climate proved to be a poor replacement and it never gained much acceptance. Jerusalem has never been the capital of any nation other than for the Hebrews followed by the Judeans.
After World War I the lands from the Jordan River to the Mediterranean Sea as well as between the Jordan River to the western borders of Iraq became the British Mandate Lands which, according to the Balfour Declaration, clauses in the Treaty of Versailles, the Peel Commission, Article 22 of the Covenant of the League of Nations, and other treaties establishing the British Mandate Lands as held in trust to be turned over to a Jewish State once sufficient Jews could be admitted into the area to constitute a viable governance. This included the land that is today known as Jordan. Since all of the land was set aside as a trust for a Jewish state, Israel has actually allowed the Arabs to have 78% of the lands originally set aside for the Jewish State. The only nation to have been granted a right to political ownership and governance over all of the land between the Jordan River and the Mediterranean Sea is Israel. This means that Israel cannot be an occupying power but is actually a liberating entity.
After the suggested but nonbinding resolution of the United Nations to divide the remaining mandate land forming a second Arab state within the British Mandate was accepted technically by Israel but rejected and thus voided by the Arabs, Israel declared their independence as granted by many previous treaties and documentations and blessed by the United Nations in a vote taken in November 30, 1947. In the ensuing war when at least five Arab nations mobilized to exterminate the nascent Jewish State, Israel managed to retain most of their granted lands with Gaza occupied by Egypt and Judea and Samaria being occupied by Jordan. Egypt never claimed to include Gaza as part of Egypt and never attempted to grant Gazans citizenship nor would they allow them to vote in Egyptian elections. Jordan attempted to annex Judea and Samaria and referred to them as the West Bank so as to disguise the Jewish nature of these lands. The United Nations never recognized Jordanian ownership of these lands but two nations, Pakistan and Britain (neither one a close friend of the Jews or Israel), recognized the annexation. Resultant to the Six Day War in June of 1967 Israel reacquired Gaza and Judea and Samaria as well as the Sinai Peninsula. These properties were gained from a defensive war and thus could have legally been retained by Israel under International Law. Despite having the legal claim to all of the lands gained, Israel offered to return them to the control of Egypt and Jordan respectively in exchange for a peace treaty.
What comes next is important, so please read with care. Israel made peace with Egypt and Egypt took control over the Sinai Peninsula and Israel removed the twenty or so townships and other Jewish sites in order to allow full restitution of the Sinai to Egypt despite the fact that under International Law Israel could have demanded to retain these areas. Egypt refused to take back Gaza surrendering all of Gaza to Israeli control. Subsequently, Israel and Jordan also made peace and as part of this treaty the Jordanians refused their rights to any of Judea and Samaria and surrendered these lands to Israel. By the conditions of the treaties with Jordan and Egypt and all the resolutions from the ending of World War I, the series of treaties and declarations which set up much of the borders and countries present today in the Middle East, and reaffirmation of these terms by the United Nations when they accepted all treaties and agreements made under the League of Nations, and all other related papers the lands between the Jordan River and the Mediterranean Sea belong to Israel by rights of all these documents.
In all the documents which have achieved binding status which mention the Palestinian Arabs originally was refuted by some nations because it violated numerous other treaties, agreements and other binding documents was the establishment of Transjordan, known today simply as Jordan. Transjordan was established as a reward to the Hashemite Arabs who originated in the Arabian Peninsula from the areas that included Mecca and Medina. After the Hashmites were pushed from their ancestral lands by the Family Saud, the British rewarded their support from the fight against the Ottoman Turks during World War I and placed them as the Monarchy over the Palestinian Arab State of Transjordan. When the Jews agreed to forfeit any claim to Jordan for assurances they were promised that the remaining British Mandate lands would be left unchanged for the Jewish State. During the entire history of these lands since they were conquered by the Hebrews from the Canaanites they have never been an independent country other than a Jewish State. They have been conquered by numerous Empires and Countries through the ages but were never established as an independent land. When Israel liberated Judea and Samaria from Jordanian occupation, an occupation that was defined as such and condemned by the United Nations, they did not take them from any Palestinian independent country called Palestine. There has never throughout history been a country called Palestine. Palestine is the name of a geographic area using a Roman denotation used to deny any recognition to the Jewish People meant to assure that the Jews would never return to their ancestral homelands. Palestine is a similar notation of a geographic area as is sub-Saharan Africa or the Brazilian Rainforest. Nobody would recognize any group claiming to be the country of sub-Saharan Africa and people recognize that the Brazilian Rainforest spans the boundaries of other countries which neighbor Brazil. The only alternative one might make to deny that Judea and Samaria belong to Israel would be by referring to these lands as contested lands or disputed areas. And one last point, if we would just refer to the “West Bank” by the two areas which make it up by their actual names, Judea and Samaria, and call Jerusalem by its historically recognized name and not al-Quds, then the Jewish nature of these history filled lands becomes not solely evident but obvious. Perhaps we should begin to refer to Spain, Portugal and southernmost France as Andalusia and return it to Muslim rule, that would be equally as fair as denying that Judea, Jerusalem and Samaria are Muslim lands belonging to a people named after an insult invented by the Romans to aggravate the Jewish People, Palestinian, and not part of Israel.
Beyond the Cusp