Beyond the Cusp

September 8, 2019

Israel and International Laws and Treaties

Filed under: Israel — qwertster @ 2:00 AM
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Almost every article we have the displeasure of reading while performing research all seem to be missing or not understanding the rights and guarantees as well as the limits placed upon Israel and its Arab neighbors and citizens under International Laws under the various treaties reached after World War I and subsequently with the establishment of the United Nations under their Charter. We figured we would touch upon some of these misconceptions and misrepresentations which apparently abound. These include the litany of rights Israel is bound to provide its citizens and what limitations can be placed and by what criteria. They also present a solid and set boundaries for the Jewish State which apparently have been completely ignored by much of the world including, unfortunately, many Israelis and their politicians. What makes matters even worse is that there is virtually no discussion which includes these facts when addressing the steps which are available which can be taken to resolve all the issues simply by applying these International Laws which are bound to be enforced by the United Nations.

 

One vital bit which is often misrepresented are the set boundaries for the Jewish State under the laws and treaties including the San Remo Conference, the Treaty of Sèvres, the Mandate System and enforceable under Article 80 of the United Nations Charter. The original borders laid out under the San Remo Conference, the international agreement which took the Balfour Declaration and legalized its intents under International Law defined Israeli borders as currently exist with Lebanon in the north and with Egypt along the Negev-Sinai border and parts of the Golan Heights as the border with Syria and the Jordan River as the eastern border with Jordan. Under the expectation there would be a population exchange which did occur, but only in one direction, the eight-hundred-thousand-plus Jews expelled from the Arab and Islamic world (see map below). There were no Palestinian Arabs and no Arab state west of the Jordan River. The problems arose after the Arab forces which attempted to destroy the Jewish State upon her founding realizing territorial gains where Gaza was illegally occupied by Egypt and Judea and Samaria (Shomron or West Bank) was illegally occupied by Jordan. These regions were left open for Arabs from the surrounding nations to relocate, which many did, simply added to the Arab populations with Jordan relocating thousands of Jordanians into the region they illegally declared to be included within the borders of Jordan. Jordan applied not only political control of the area, but also provided Jordanian citizenship to the Arabs who resided in the West Bank. Were Israel to be treated as any normative nation, the Arabs in the West Bank and Gaza would have been relocated to Jordan and Egypt respectively once Israel liberated their regions freeing them of their occupying powers of Egypt and Jordan.

 

Definitive Map of Israel

Definitive Map of Israel

 

This was what was applied when India was split making Pakistan as a neighboring Islamic country. Millions of Muslims left India relocating to Pakistan and millions of Buddhists and Hindus left the area renamed as Pakistan for India. Similarly, areas of Germany, Russia and Austria-Hungary which were formed into new nations including Poland, Czechoslovakia, Yugoslavia, Romania and Lithuania were made to absorb their native populations back within Germany, Russia, Austria and Hungary respectively as part of the new map in Europe after World War I (see maps below). Exchanges of populations in order to retain national identities and populations has been the rule of thumb used in various resolutions with about the sole exception being the Jewish State. Much of Israeli history has been an example of how the world treats the Jews as an exception to the rules everybody else are held with the decisions always falling on the side which, for any outside and truly neutral observer, say an alien from another star system, would appear to have singled out one peoples for specifically strict and stifling application of completely unique application of political and geographic applications apparently with the intent of the destruction of this people and anything they build. This has been the case since the conquest under Alexander the Great and the Hellenistic Greek Empire continuing through the Roman conquest and continuing in the modern times with the British and the United Nations and other world powers and entities into the present. Apparently, Israel and the Jewish People are being demanded that they accept any Jews the world decides they do not desire remaining within their borders while also being forced to surrender lands to any and every claim which comes down the pike. This logic of accepting an ever-increasing population while retaining ever smaller areas of land is ridiculous and something being solely applied to Israel, the Jewish State.

 

German Empire and Austro-Hungarian Empire Before WWI and After WWI

German Empire and Austro-Hungarian Empire Before WWI and After WWI

 

Under the agreements by which the Jewish State of Israel was reconstituted has some very easily understood rules, restrictions, applications and defined legalities which include set borders and the rights which must be granted to citizens both Jews and Gentiles. By strictly applying these statutes, which the United Nations is obliged to accept and enforce as their commitments under the Mandate System, Israel could end all the many various attempts to delegitimize the Jewish State and reorganize, restructure and reestablish Israel as an Arab nation where the Jews would soon find themselves once again without a country. The International Law requires that Israel provide those residing within their borders, the borders defined above, with religious rights, social rights, freedom of movement within the same restrictions as Jews, economic rights, legal rights, residential rights, commercial rights and virtually all the rights permitted the Jews with an exception. This exception is where the world would go absolutely bonkers without having a leg to stand on under International Law. Israel may provide political rights to those who are not Jewish as they decide serves her best interests. This exception was applied to the Arab citizens of the annexed parts of Jerusalem. These Arab citizens were granted the right to vote in Jerusalem elections and those of smaller neighborhood political entities. These Arabs will not be able to vote in the coming national elections on September 17th as these are restricted from their limited autonomy.

 

The same could be applied to the Arabs of the Palestinian Authority once their current political structure is reconstituted allowing these Arabs to vote for their own leadership for the first time since the 2005 election of Mahmoud Abbas. Israel has not denied these Palestinian Arabs the right of voting for their own governance, Mahmoud Abbas has refused to allow elections knowing he would lose his position and then possibly his life if he did not depart quickly enough. These Palestinian Arabs would finally be electing their own leaders and be liberated from the oppression of the Palestinian Authority and Mahmoud Abbas. But their election of their own local leaders could be where their restricted political power would be permitted. Should any Palestinian Arabs relocate to another area within Israel, their right to vote in local elections would need to be decided upon by the Knesset and the courts but under International Law they would have negated any political rights by relocating. They would retain all other rights which are guaranteed under International Law with the exception of political rights. This also means that the Palestinian Arabs would not be permitted on any national ballot or list of any political party though they would be permitted to run in localized elections where their limited political rights would allow them to vote. This would grant the Palestinian Arabs semiautonomous political rights in selecting their immediate governance while remaining under Israeli laws. Of course, they would always retain the right to leave and emigrate to any other nation in the world which is willing to accept them. This is a far more workable solution than the other most obvious alternative, driving them into Jordan across the Jordan River and into Egypt across into the Sinai Peninsula. Such a solution would break the rules imposed under the British Mandate, a solution put in place by the British with the intent of preventing the Jewish State from ever being realized, but would remain within the rights Israel retains as the results of the lands liberated in response to an offensive war brought against Israel in June of 1967 and the Six Day War.

 

While completely complying with the various treaties, conferences and other legalities, Israel could extend her border to its rightful place, the Jordan River, expel and exile the leadership of the Palestinian Authority and all members of any of the various terrorist entities legally barring them from entry within the Israeli borders due to their taking positions as enemies of the State of Israel and sworn to her destruction. This is no longer applicable to Gaza as Israel released her claims to this region though at any point where Hamas, Islamic Jihad or any other entity within Gaza launches rockets or other attacks upon Israel, then Israel could retake Gaza and expel the terror entities extending Israeli rule over Gaza while providing the Palestinian Arabs residing within the same rights and conditions as they would provide to the Arabs residing currently under the Palestinian Authority. In both locations, Israel would be replacing dictatorial regimes with smaller entities which would be of a democratic nature with regularly held elections which would be overseen such that they would be fair and free elections where all would be permitted to run and vote from within the defined region. Both Gaza and Palestinian Authority Arab communities would be permitted, if desired, to elect a single governance over their respective areas. This would permit the Arabs to have immediate local governance and a regional governance if they so desired, though the larger the area governed, the greater the opportunity for returning to the same governance as is currently causing the vast majority of their difficulties.

 

Once Israel would annex either region, their utilities and infrastructure would be repaired, upgraded and improved making their lives healthier and far more pleasant. These are areas the current governance sees little reason to perform regular maintenance, let alone improvements, has led to some health problems from contaminated ground water, lack of sewage treatment, inadequate electrical generation, lack of clean drinking water and various other problems currently being ignored. Once annexed, these problems would be resolved with proper repairs and upgrades being provided. In exchange, Israel would expect that their laws be followed and terrorism to come to an abrupt halt. Well, we may be dreamers, but our eyes are open and we realize that terror would continue but, hopefully, at an ever-decreasing rate. Israel would likely find it necessary to change her laws regarding terrorist acts. The main change would need to make terrorist acts potentially punishable by exile after their prison sentence has been served or as simple as exile being conducted immediately upon conviction. Israel would have every right under current International Law for any of these options with the option of declaring the Jordan River as her eastern boundary being the necessary first step.

 

There would be some degree of pushback. Within Israel such pushback would come from the left side of the political spectrum and would take every step of this before the Supreme Court often using judge shopping to find the perfect panel which supports their political agendas. This is only in Israel to the best of our knowledge, but a Supreme Court decision on these matters could be in turn taken before a larger panel of Supreme Court judges and overturned. (We know, first the mess currently swirling around how justices are chosen and other procedural items need be ironed out, but all in good time.) The European Union, United Nations, UN Human Rights Council along with other UN agencies, numerous European countries, more than just numerous NGOs and who knows how many other entities will all be clamoring and demanding that Israel cease and desist from these actions. This can be stated in a more concise manner which the left uses almost every time they do not get their way and another policy is initiated instead by their normal complaint, ‘What will the world say. They will be so upset and will take serious exception to such actions.’ Our reply is actually quite simple, ‘They already complain about anything we do which is in our best interests. The world wants us destroyed now and whatever we do will not make it any better as long as we continue to exist as the homeland for the Jewish People. They want Israel replaced by another Arab dictatorship and the Jews made homeless once more so they can persecute us and we will have nowhere to go where we could be safe.’ An even simpler means of saying all this is to simply inquire how any action Israel does in her own interest changes the rejectionism suffered under current conditions. Israel will be denounced simply for existing and desiring to continue to exist. As long as we are being denounced, it is best if we are denounced for building our nation and making it a safer place for ourselves and any tourists visiting.

 

While we are acting in our own interests, Israel should immediately take complete control of the Temple Mount making it open to everyone and allowing all the entrances to be used universally and none reserved for any single group. Israel should also take control of Hevron and the Jewish Holy Sites in that region including but not limited to Joseph’s Tomb (Kever Joseph) and the Tomb of the Patriarchs and Matriarchs (Machpelah) where Abraham, Sarah, Isaac, Rebekah, Jacob and Leah are entombed again making the site accessible by all with equality and any other religious sites including those of Christianity and making them all more readily accessible. The first step in this process will be the most difficult, and it will entail the Israeli leadership actually fully understanding that Israel has equal rights and should not bow to international pressure and instead pursue the agenda which is best for Israel and allow the world to do what they will. Whatever their initial reactions, with time they will adjust and adapt to the new reality and since Israel would have International Law behind these actions, even if they brought Israel before the world court system, we have the treaties and other agreements which would allow for a slam-dunk easy win for the Israeli representatives. Even the United Nations could be taken to these very same courts and be forced to allow the application of the terms and borders laid out in the Mandate System agreements. When the International Law reinforces your position, that is a position of strength which used to its fullest would greatly enhance and improve the positions which Israel will soon be forced to take when the world has their inevitable conniption fit.

 

Beyond the Cusp

 

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