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The Jewi sh Peopl e

and t he Hol y Land:


Hi st or y, Ri ght s, Fai t h
and Ar ab Rej ect i on

Compiled by
Yoel Lerner
Att. Howard Grief
Eng. Gdalia Glazer

For the Organizations:
NGO "Holy Land, Law &
Justice" and
"Land of Israel Loyalists"

April 2012
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CONTENTS

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter One: The Historical Connection . . .

Chapter Two: Jewish Rights to the Land
under International Law
Based on the book by Attorney Howard Grief
The Legal Foundation and Borders of Israel
under International Law . . . . . . . . . . . . . . . . . . . .

Maps: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter Three: The Religious Factor . . . . . .

Chapter Four: The Arab Rejection of the
Jewish Presence in the Holy Land . . . . . . . . . .

Chapter Five: The Imposition of Customs
Duties and Taxes on Agricultural Produce and
Manufactured Goods produced by Israeli
Settlements in Judea and Samaria . . . . . . . . . .

A Summation . . . . . . . . . . . . . . . . . . . . . . . . . .


3

4





6

9

14


16




23

24

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Introduction

The unbreakable bonds linking the Jewish People with the Holy Land in
face of often extreme hardships have been the subject of many
academic dissertations and of even more articles and books of all
kinds, each studying this intricate topic from its own unique perspective.
It is not the purpose of this modest booklet to add yet another analysis
to those already in print. This booklet is intended to be more in the way
of a summary of the basic and indisputable facts elaborated upon in
those venerable documents, and as such focuses its attention on those
five aspects it deems most fundamental to this aim.
In general, we must begin by emphasizing the importance of law and
order in the relations between nations. Treaties concluded should be
adhered to, and the rights stemming from these treaties must be
honored. In particular, agreements achieved while previous
agreements are still valid, especially those that contradict or violate
stipulations of the already-existing agreements, must be considered
illegal, for otherwise the international community would be hurled into
chaos, and no treaty or agreement could be relied on. This principle is
well-known in law - the Doctrine of Estoppel - and is applicable in many
fields of law. In international law, it determines that a country that has
once recognized certain documents and the rights stemming from them
cannot turn its back on its recognition of those rights. This principle is
strengthened by the 1969 Vienna Convention on the Law of Treaties,
and reference will be made to these points in the present booklet.
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Chapter One:
The Historical Connection between the
Jewish People and the Holy Land

The Bible records time and again the Divine promise (as in Genesis
17:8) made to Abraham the Patriarch and to his son Isaac and
grandson Jacob, whereby the Land of Israel then known as the Land
of Canaan would be their eternal inheritance, and Mediaeval
exegetes note that the Almighty, being the Creator and hence the
Sovereign of All, chose to bestow that land upon the People He had
made His very own. When the Israelite descendants of Jacob returned
to the Land from Egypt after their liberation from bondage, they took
possession of the Land, thus initiating a period of some 1500
consecutive years of dominant Jewish presence there (mainly the
periods of Joshua and the Judges; the United Monarchy of Saul, David
and Solomon and then the Northern Kingdom of Israel and Southern
Kingdom of Judah; and the Second Temple), culminating in the
destruction of the Temple (70 C.E.) and the suppression of the Bar
Kochba Revolt by the Roman Emperor Hadrian (135 C.E.).
Even after those national calamities, when the majority of the Jewish
People had been exiled from their Land, there remained a constant
though at times small Jewish presence there, despite attempts by
Christian and Muslim (from the late 7th century on) conquerors to
minimize that presence and even exterminate it entirely.
Furthermore, the Jews of the world, whether under Christian (in most of
Europe) or Muslim (in North Africa, the Middle East and even deeper
into the Asian hinterland) domination, maintained not only their spiritual
links with their ancestral homeland (see Part 3 below), but also kept
alive their physical contact with the Jewish communities that, in face of
all obstacles, managed to eke out a generally meager existence in the
Holy Land. Individual Jews, as well as small Jewish groups, constantly
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made their way to Palestine (as the Land came to be called in the wake
of the 2nd-century Roman attempt to wipe out any connection between
it and its Jewish exiles), sometimes under conditions of extreme danger
and often paying with their lives for their love of the Land.
The French Revolution at the close of the 18th century and subsequent
Enlightenment throughout much of Europe paved the way for
upheavals in the Jewish world as well. On the one hand, the Reform
Movement in its desperate attempts to obliterate the differences
between Jew and non-Jew excised all mention of the Land of Israel and
Jerusalem from their new book of prayer (only to reinstate many of
them in the wake of the Six-Day War of 1967), while at the other end of
the Jewish spectrum, certain Eastern European rabbis began to call for
a Jewish return to Zion. Theodor Herzl, under the shocking influence of
the antisemitic Dreyfuss Affair in France, founded the Zionist Movement
which took practical measures to gain international approval for a
reconstitution of the ancient Jewish commonwealth in the Holy Land.
The Great War of 1914-1918, later termed World War One, which pitted
the Allied and Associated Powers led by Great Britain, France, Italy
(later joined by Japan) and the United States of America against the
armies of the Hohenzollern German Empire, the Hapsburg Austro-
Hungarian Empire, the Turkish Ottoman Empire (which had ruled the
Holy Land for some four hundred years) and Bulgaria, provided the
Zionists who had attempted simultaneously to win the support of a
few of the belligerent parties with the opportunity they sought.







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Chapter Two:
Jewish Rights to the Holy Land under
International Law

At the beginning of November 1917, while the Great War (World War I)
was still raging and the Holy Land was still under the sovereignty of the
Ottoman Empire, the British Foreign Minister, Lord Arthur James
Balfour sent a letter to Lord Rothschild, prominent leader of the British
Zionist Movement, in which he stated:
I have much pleasure in conveying to you, on behalf of His Majestys
Government, the following declaration of sympathy with Jewish Zionist
aspirations which has been submitted to, and approved by, the
Cabinet.
His Majestys Government view with favour the establishment in
Palestine of a national home for the Jewish people, and will use
their best endeavours to facilitate the achievement of this object, it
being clearly understood that nothing shall be done which may
prejudice the civil and religious rights of existing non-Jewish
communities in Palestine or the rights and political status enjoyed
by Jews in any other country.
I should be grateful if you could bring this declaration to the knowledge
of the Zionist Federation.
This was the first time in the over 1800 years that had transpired since
the destruction of the Second Temple in Jerusalem that a major world
power had acknowledged the right of the Jews to their ancient
homeland. Yet, since the war was still going on and the British were not
yet in control of the Land of Israel, the Balfour Declaration (as it came
to be known) was simply a statement of intention on the part of the
British Cabinet. While it expressed a contractual relationship between
Great Britain and the Jewish People, it meant nothing as far as
international law was concerned.
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In the meantime, contact had been made between the leader of the
Zionist Organization, Dr. Chaim Weizmann, and the foremost
representative of the Arab nationalist movement, the Emir Feisal of the
Hedjaz. The result was the Weizmann-Feisal Agreement of January
1919, in which the leading representatives of the Jewish and Arab
national liberation movements recognized the common heritage shared
by the Arabs and the Jewish people and agreed, inter alia, that the
relations between the Arab and Jewish states to be established in the
Middle East would be controlled by the most cordial goodwill and
understanding (Article I) and that all necessary measures would be
taken to encourage and stimulate immigration of Jews into Palestine
on a large scale, and as quickly as possible to settle Jewish immigrants
upon the land through close settlement and intensive cultivation of the
soil (Article IV).
2.1 On January 18, 1919 there opened in Paris the first of several
peace conferences marking the conclusion of World War I, their
purpose being the negotiation of peace treaties between the Allied
and Associated Powers, on the one hand, and the defeated
Central Powers. The Paris Peace Conference brought into being
the League of Nations, the first attempt at establishing an
international organization aimed at preventing war, settling
disputes between nations and improving peoples lives across the
globe, and dealt, inter alia, with the question which of the Allied
Powers would administer various territories formerly under German
and Ottoman-Turkish rule by means of the new Mandates System
just adopted by the Conference.
2.2 In April 1920, the Supreme Council of the victorious Principal Allied
Powers (Great Britain, France, Italy and Japan) in World War I
convened a Peace Conference in San Remo, Italy (with a
representative of the United States of America, the major


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Associated Power, as an observer) which adopted on the 24
th
and
25
th
of that month resolutions to the effect.
2.2.1 That the non-Turkish Middle Eastern territories that had belonged
until then to the Turkish Ottoman Empire would be parceled out
into three mandated territories: over one (Syria-Lebanon) France
was chosen to be the Mandatory Power, while over the other two
(Palestine and Mesopotamia, later called Iraq) Great Britain would
serve as the Mandatory Power;
2.2.2 That Great Britain would receive the Mandate for Palestine
specifically in order to implement the Balfour Declaration of
November 1917 by establishing Palestine as a National Home for
the Jewish People. The Mandate for Palestine was then confirmed
(July 1922) unanimously by the Council of the League of Nations,
representing almost the entire international community of the day
(52 states), and two years later was inserted in its entirety into a
bilateral Convention signed and ratified by Great Britain and the
United States of America. The precise boundaries to which the
Mandate for Palestine applied were first settled between Great
Britain and France in a Convention signed in December 1920, as
later amended in a 1922 agreement, and they encompassed all of
Palestine on both sides of the Jordan River (including, of course,
the territories of Judea and Samaria).The San Remo Resolution
recognized the de jure sovereignty of the Jewish People over the
entirety of the Land of Israel, though the de facto attributes of
sovereignty would temporarily be exercised by the Mandatory
Power, Great Britain, until such time as the Jews of Palestine had
become the majority of the population and the independent
sovereign Jewish State would come into being.
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2.3 In 1924 the United States and Great Britain concluded the Anglo-
American Convention regarding Palestine, in the Preamble of
which the full text of the Mandate for Palestine was included. In
return for certain rights the U.S.A. and its citizens were granted in
Palestine under this Convention, the United States became a
guarantor of the Jewish rights spelled out in the Mandate for
Palestine, and in December 1925, President Calvin Coolidge
proclaimed this Convention at a joint session of Congress. In this
way, the rights of the Jewish People to the Holy Land became part
of the supreme domestic law of the United States (a law the
President of the U.S. is violating in his policy to promote the so-
called two-state solution).
2.4 The UN General Assembly Partition Resolution of November 29,
1947 has always been legally null and void. This is so for the
following reasons:
2.4.1 Since the UN Charter laid down in detail how mandated territories
the heritage of the League of Nations were to be dealt with,
especially in Section 80 (which to all intents and purposes
preserved and continues to preserve Jewish legal rights to all of
Palestine), and since the General Assembly Partition Resolution
ignored this section completely, contrary to the provisions of the
UN Charter, the Resolution had no legal validity from its very
inception and can thus be defined as patently illegal.
2.4.2 When the Partition Resolution was adopted by the General
Assembly, the Mandate was still in full legal force: it forbade
expressly (in Article 5) the transfer of any Palestine territory, i.e.,
the territory of the Jewish National Home, to the control of the
Government of any foreign Power.
2.4.3 From the very outset the resolution was no more than a
recommendation, since under the UN Charter the General
Assembly has power only to make recommendations and not to

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adopt resolutions considered obligatory (with certain exceptions,
such as approving the UN budget).
2.5 Though the Jewish National Institutions at the time accepted the
Partition Resolution, arguably under duress, the Resolution was
rejected immediately by both the leaders of the Arab population of
the Land of Israel, as well as by the leaders of all the existing Arab
states, thus voiding the Jewish acceptance of any significance
whatever.
2.6 The Arabs themselves not only rejected the Partition Resolution but
actually violated it most rudely by invading the Land west of the
Jordan River on the day after the Proclamation of Israels
Independence and waging war against the new Jewish State with
the aim of wiping it off the face of the map.
2.7 The 1949 Armistice Agreements signed by Israel and each of the
adjacent Arab states are irrelevant to any discussion of Israels
legal rights to the Holy Land.
2.8 Thus, the so-called Green Line has no relevant legal significance
whatever, for in each and every one of the Armistice Agreements
signed by Israel and her Arab neighbors, it was stipulated explicitly
that the armistice line, i.e., the Green Line, is not an international
border, is not to be recognized as such, and is to have no effect
whatever on the determination of the final borders between the
belligerent parties.
2.9 Article 70 (1)(b) of the 1969 Vienna Convention on the Law of
Treaties is yet another document of international law that
preserves rights acquired in our case, by the Jewish People
under treaties that have already expired in this respect, the
Mandate for Palestine.
2.10 The Agreements between the Israeli Government and the PLO,
signed in 1993 and thereafter (the so-called Oslo Accords) are
illegal.

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2.11 According to various decisions taken by the Israel Supreme Court
in the early years of the State of Israel, the provisions of the
Mandate for Palestine were automatically incorporated into the
internal law of Palestine and then, by virtue of section 11 of the
Law and Administration Ordinance, 1948, those provisions relating
to the rights accorded to the Jewish People are still in force insofar
as they are not explicitly nullified by new legislation adopted by the
Israel Knesset. Since at the time the Oslo Accords with the PLO
were signed the Jewish legal right to an undivided Palestine (the
aforementioned Article 5 of the Mandate) was still in full legal force,
in the eyes of Israeli courts-of-law as well, these Accords from
the very first to the very last of them were and remain all illegal,
and so do not obligate anyone.
2.12 Concerning the prevalent use of the terms occupied territories or
land held in belligerent occupation with regard to areas that are
integral parts of the Land of Israel, such as Judea and Samaria,
the following points must be noted:
2.13 The term occupied in international law can apply only to territory,
not to people, i.e., territory can be occupied, people not.
2.14 The concept occupied territories is first found in the Laws of War
as formulated in the 1907 Hague Convention and thereafter in the
1949 Fourth Geneva Convention. The term refers to a portion of
land that was at a given point of time under the internationally
recognized sovereign control of a certain political entity, and was
subsequently conquered by the armed forces of a second similar
entity in a war between the two. In the specific case of Judea and
Samaria (commonly, but mistakenly, termed the West Bank),
these regions were under the de jure sovereignty of the Jewish
people in accordance with the 1920 San Remo Resolution (see
above), when they were invaded by the armies of the Kingdom of
Transjordan (as it was then known) after the proclamation of the

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independence of the State of Israel (May 1948). The Jordanians
shortly thereafter announced their annexation of these regions to
their kingdom. However, the international community with the
exceptions of Great Britain and Pakistan never recognized the
legality of this Jordanian annexation, not even the states of the
Arab League. From this period up until the 1967 Six-Day War,
these territories were thus in fact occupied territories under
international law. Accordingly, when the Israel Defense Forces re-
possessed Judea and Samaria during the Six-Day War and
expelled the Jordanian army from them, Israel did not conquer any
territory from its recognized sovereign state, but rather liberated
those lands from the illegal occupation to which they had been
subjected ever since 1949. Therefore, this region cannot legally be
considered occupied territory.

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Chapter Three:
The Religious Factor

Religion is generally perceived as a divisive factor in dealings between
groups of human beings, and this is true in particular with regard to the
Middle East conflict. However, a more profound study of the situation
reveals that, certainly in the context of the Middle East, this perception
is in fact nothing but an optical illusion. A more precise evaluation of the
facts relevant to the situation in the Middle East leads unmistakably to
the conclusion that certain agencies Arab agencies, to be more
specific make use of the general perception of religion in order to
exacerbate the natural friction between two culturally different peoples,
the Jewish People and the Arabs.
It is customary to speak of the three major monotheistic religions:
Judaism, Christianity and Islam. Yet, in fact, there is a major difference
between the Jewish faith and its two offshoots the Jewish religion is
very much a national religion, its faith in the Almighty being bound up
with both a specific nation and a specific land, while Christianity and
Islam have universal aspirations, transcending national frontiers.
The Jewish religion is a composite made up of three major elements:
the Law given by the Almighty to the Israelites through Moses, the Land
He had promised to the forefathers of the Israelites the Land of Israel,
and the People of Israel themselves. Consequently, it is not surprising
that a large portion (nearly 40%!) of the proverbial 613 precepts
comprising the Law, or Torah, is dependent upon the Land of Israel for
its implementation. It is likewise not surprising to learn that the city of
Jerusalem the capital city established by King David and the site of
the Holy Temple erected by his son, King Solomon is referred to in
the Hebrew Bible over 600 times. The destruction of both the first and
the second Temples on about the same date the 9
th
day of the month
of Ab is still a prominent theme in modern day Judaism.

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The religiously observant Jew in his central prayer recited thrice daily
relates explicitly to the expected ingathering of the Exiles, the
reconstruction of the Holy Temple and the restoration of a Torah-true
judiciary: Restore our judges as in days of old!
Christianitys holy book, the Jewish Bible together with the New
Testament, affirms the truth of the Old Testament, thus accepting the
fact that the Land of Israel was bestowed by the Almighty upon the
Patriarchs, Abraham, Isaac and Jacob, and upon their
descendants.Islam, on the other hand, does not view itself as a mere
offshoot of Judaism, but it does affirm explicitly in its holy book, the
Quran (or Koran), e.g., in Sura 5:20-21, that the Almighty gave the Holy
Land to the Children of Israel. We may thus conclude that Christian and
Islamic arguments against the Jewish religious claim to the Land of
Israel are not motivated by the stands taken by their Scriptures, but by
subsequent developments. Islam, for example, views land conquered
for Islam as waqf, an Islamic heritage, and cannot come to terms with
the fact that the Land of Israel, conquered for Islam in the seventh and
eighth centuries C.E., is now in the possession of Jews.
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Chapter Four:
The Arab Rejection of the Jewish Presence in
the Holy Land

Jews lived under Arab domination ever since the emergence of Islam
and even before that time in the Arabian peninsula. Their lives were
on occasion bearable and even comfortable, while on other occasions
they were downtrodden and subject to violence and even murder. The
founder of Islam, Mohammed, himself betrayed the neighboring Jewish
tribes in Arabia when he found that they were unwilling to recognize
him as a prophet. The concept of dhimmi the status accorded to what
Islam called the People of the Book, i.e., Christians and Jews
restricted Jews both physically and spiritually, and was, in a sense, a
kind of Islamic servitude.
Under the Ottoman Turks, Jews and Arabs lived in relative harmony in
the Holy Land for lengthy periods of time, a harmony to which the
advent of Zionism, the issuance of the Balfour Declaration and the
defeat of the Ottoman Empire put a gradual and then abrupt end. It is
against this background of growing friction that one should evaluate
first the cordial Weizmann-Feisal Agreement (see above) of 1919 and
then the Arab riots of 1920 in which Jews lost their lives.
But it didnt end there. As the Weizmann-Feisal Agreement faded into
the distant and forgotten past and the Jewish community in the Land of
Israel grew numerically, economically so the Arab reluctance to
accept the natural outcome of this growth grew. The riots in 1929 were
far more severe, in Jerusalem and especially in Hebron, where the
Jewish community was massacred, and only a very few managed to
escape with their lives. And then again in 1936 the Arab rioting was
even more serious, and the British who were supposed to be building
up the Jewish community and preparing it for statehood called it the
Arab Revolt.
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It would appear that the British rapidly recovered from their short bout
of pro-Zionism and began to cooperate with the Germans in wiping out
the Jews by preventing their immigration into the Holy Land
something they were supposed to have been encouraging under the
provisions of the Mandate for Palestine. When it became clear to the
Arabs in the Holy Land that the German Nazis and their helpers
throughout Europe were serious about wiping out the Jewish People,
they joined in and the photograph of Haj Amin el-Husseini sitting and
conversing with Adolf Hitler was long ago inducted into mankinds Hall
of Infamy.
Eventually, following the end of the Second World War as Arab
terrorism raged in Mandated Palestine, the British despaired of being
able to control the destiny of that land as their Empire disintegrated all
around them, and thereupon placed the problem before the General
Assembly of the newly formed United Nations. The November 29, 1947
General Assembly resolution recommending the partition of Palestine
into two states, the one Jewish and the other Arab, enraged the Arabs
even more, who rejected the resolution out of hand. As already noted
above, the day after the declaration of the independence of the new
Jewish State of Israel, the Holy Land was invaded by the armies of
seven Arab states, and the local Arab leadership called upon the Arabs
living in the cities making up the Jewish State to leave their homes, so
as to be able to return to them triumphantly after the expected Arab
victory.
But matters unexpectedly turned out differently, and in 1949 the
victorious though somewhat battered State of Israel signed armistice
agreements with Egypt, Jordan, Syria and Lebanon, agreements under
which the Jewish State included more territory than it had been
awarded under the UN Partition Resolution, though the Jordanian army
remained in control of the heartland of the Land of Israel Judea and
Samaria, renamed by the Jordanians the West Bank and the

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Egyptians remained in control of a coastal strip extending to the south
and to the north of the city of Gaza, the so-called Gaza Strip.
Three more wars the Sinai Campaign of 1956, the Six Day War of
1967 (which left Israel in control of vast expanses of territory previously
under Arab rule) and the Yom Kippur War of 1973 were fought
between Israel and the Arab States before the Arabs realized that they
were unable to destroy Israel on the battlefield, and resorted to other
means to try to undermine the Jewish State. Thus was born the multi-
stage or salami slice program to destroy Israel, a program still in
progress today. It was Egyptian President Anwar es-Saadat who first
voiced the idea that it is the task of this generation to roll Israel back to
the pre-1967 borders; the rest of the job will have to await future
generations. The 1977 elections in Israel that brought Menahem Begin
to the office of Prime Minister provided es-Saadat with his opportunity.
In what appeared to be a full reversal of Arab policy as formulated in
Khartoum in 1971 No recognition of Israel, no negotiations with
Israel, no peace with Israel es-Saadat announced his willingness to
fly to Jerusalem to meet with Israels Prime Minister Begin and achieve
peace. By 1982 Egypt had achieved es-Saadats aim: Israel had
withdrawn to its pre-1967 border with Egypt, leaving the Sinai
Peninsula with its barely-tapped mineral resources in Arab hands, in
return for a treaty of peace, the first such treaty concluded between
Israel and an Arab state. However, no real attempt was made by the
Egyptian authorities to re-educate the Egyptian public, with the result
that to this day significant sectors of the population of Egypt still
consider Israel to be Egypts Enemy Number One.
In 1993, after the first Arab period of unrest triggered by a traffic
accident! the State of Israel took an extremely risky step in its attempt
to accommodate the Arabs, and Prime Minister Yitzhak Rabin signed
the first Oslo Accord with the leader of the terrorist organization the
PLO, Yassir Arafat, on the lawn of the White House in Washington,

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as a consequence of which tens of thousands of armed and trained
terrorists entered the regions of Judea and Samaria, on the one hand,
and Gaza, on the other.
Seven years later, the American President Bill Clinton hosted a summit
meeting at Camp David, with the participation of Israeli Prime Minister
Ehud Barak and PLO Chairman Yassir Arafat. It is well known that
agreement was not reached because Arafat was not willing to declare
the Arab-Israeli conflict ended. Though the talks continued at other
venues, the Arabs resorted to their second period of unrest, and suicide
bombers struck again and again at Israels civilian population.
In the summer of 2005, Israeli Prime Minister Ariel Sharon uprooted ten
thousand Israelis from their homes and livelihoods in the Gaza District
and in the northern portion of Samaria as part of his disengagement
policy in order to minimize friction with the local Arabs. The results of
this step are still with us today: the Islamist movement Hamas, far less
inclined than the PLO to come to terms with Israel, took control of the
Gaza region and over the six years that have transpired since Israels
disengagement, hundreds of rockets launched from Gaza have landed
in southern Israel, endangering Israeli citizens in cities as far away from
Gaza as Ashkelon and Beersheba.
Most recently, the PLO Chairman, Mahmud Abbas, refused to respond
to an enticing offer he was made by Israeli Prime Minister Ehud Olmert
in 2008, and refused to open negotiations with the new Israeli Prime
Minister, Benjamin Netanyahu, despite a ten-month moratorium
declared by Netanyahu on building projects in the settlements of Judea
and Samaria.
The conclusion to be drawn is self-evident: the local Arab leadership,
be it representative of the PLO or of Hamas, has not deviated a single
iota from the line adopted by their leadership in 1947: it is not interested
in establishing a separate state from the Arabs of the Land of Israel. It
has only one objective: to destroy the Jewish State of Israel.

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This conclusion is supported by studies made of the textbooks used in
Arab high-schools in Ramallah and other Arab cities in Samaria and
Judea: their maps show a Middle-East without any trace of a Jewish
State, and the texts themselves make it clear that in the eyes of their
authors, the Jews are not a people and so do not deserve a Jewish
State.
Taking our conclusion into consideration, we must ask: should an Arab
state come into existence in part of the Land of Israel, such as Judea,
Samaria and Gaza, what would the ramifications of such a
development be for the region in general and for the State of Israel in
particular?
Actually, the very concept of a twenty-second Arab state is most
frustrating. For whom is such a state required? For the people who in
1922 wanted to be included in Syria and considered themselves
Syrians? For the people who between 1948 and 1967, when they were
ruled by the Hashemite Kingdom of Jordan, never demanded their own
state and never claimed a separate "Palestinian" identity? For the
people whose separate "Palestinian" identity was an invention of the
founders and leaders of the terrorist organization, the PLO, especially
after 1969? For the people most of whom reside to this day in refugee
camps maintained by the United Nations, contrary to the treatment of
refugees anywhere else in the world? There has never been and still is
no "Palestinian" people, there are merely Arabs striving to destroy the
one Jewish state in existence, for the first time in almost two thousand
years, and they must not be allowed to succeed in their evil intentions.

DEMOGRAPHY: The new Arab state will undoubtedly try to entice the
Arab refugees and their extended families live within its boundaries and
may well reach a population of some four or five million. Such a
development would turn the now crowded Arab state into a time-bomb
threatening the major population centers of the State of Israel.

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One need not be possessed of an overly fertile imagination especially
in light of the happenings of May 15, 2011, when hundreds of unarmed
Arab demonstrators attempted to cross over Israels international
borders to visualize thousands and even tens of thousands of
unarmed Arabs marching towards the border between Israel and the
new Arab state at four or five different points, intent upon crossing the
border and overrunning the Jewish State. One can easily imagine the
international outcry at the lack of proportionality of the IDF response to
this attempt to violate Israeli sovereignty.

SECURITY: Israels pre-1967 borders were termed Auschwitz
borders not by a right-wing hawk, but by Israels dovish then-Foreign
Minister, Abba Eban. A Pentagon team presented a report after the Six-
Day War, in which the U.S. Generals who compiled it recommended
that in any future settlement in the Land of Israel, the State of Israel
should retain control if not outright possession over wide swathes of
land across the Green Line, including not only the Jordan Valley but
the range of hills stretching from the northern extent of Samaria to the
southern extent of the Judean Hills. Otherwise, every major Israeli
population center would be in range of the wide variety of missiles in
the possession today of the Islamist Hamas and Hizballah
organizations, and tomorrow in the hands of the as-yet-unborn Arab
state located, as it would be, on the highlands from which Israelis cites
and international airport as well can be easily targeted.
As for the concept of a demilitarized state, given the mindset of the
Arabs dwelling in the Land of Israel as this has found expression over
the past hundred years, such a state can never be more than a fantasy,
and the very idea should be discarded from the start.




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WATER: People are accustomed to think of the Middle East in terms of
petroleum. Yet water is a far more precious commodity in this part of
the world than can normally be imagined. Most of the water drunk by
Jews and Arabs in the Holy Land today is pumped from the
subterranean aquifers located in the depths of this part of the Asian
continent. Water is quite rare, and barely suffices for the present
population of the Land. An influx of millions of refugees, as can be
expected with the proclamation of an Arab state in the heartland of the
Land of Israel, will create an impossible situation that no state will be
able to cope with adequately.
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Chapter Five:
The Imposition of Customs Duties and Taxes
on Agricultural Produce and Manufactured
Goods produced by Israeli Settlements in
Judea and Samaria

Decisions taken in the past few years by institutions of the European
Union imposing customs duties and taxes upon the agricultural produce
originating in Israeli settlements in Judea and Samaria and upon goods
manufactured in those settlements are unquestionably illegal, despite
the recent court ruling to the contrary. Many, perhaps most, of the
countries of the European Union, as original members of the League of
Nations, participated in the confirmation of the Mandate for Palestine in
July 1922, under which they recognized the rights of the Jewish People
over all of mandated Palestine, including the territory known as Judea
and Samaria. As a result under the doctrine of estoppel these
countries are legally prevented from denying today what they confirmed
then. Furthermore, as noted above, under Article 70 (1)(b) of the 1969
Vienna Convention on the Law of Treaties, the rights acquired by the
Jewish People under the Mandate for Palestine are preserved. There is
thus no legal justification for distinguishing Israeli produce originating in
Judea and Samaria from Israeli produce originating in the State of
Israel proper; on the contrary, making such a distinction stands clearly
in violation of valid international law.
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A Summation

Jewish history and Jewish legal rights with regard to the Land of
Israel are unassailable. Practical considerations on the ground
make the prospect of an Arab state arising in the Land of Israel
into a nightmare. The international community must act forcefully
both to preserve international justice and to preserve
international peace and the way to do both is to ensure that no
Arab state comes into existence in the Holy Land.
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~ 25 ~


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~ 26 ~


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~ 27 ~