A person who, with intent that any area be removed from the sovereignty of the state or placed under the sovereignty of a foreign state, commits an act calculated to bring this about, is liable to life imprisonment or the death penalty. – Section 97(b) of the current Penal Code in Israel – under “Treason.”
As to the illegality of releasing terrorists, the U.S. is in breach of the international legal aspect to the Palestinian demand for Israel to free terrorists, and to the US support for this demand. Binding UN Security Council resolution 1373 requires all states to “Deny safe haven to those who finance, plan, support, or commit terrorist acts, or provide safe havens.” In addition, Israel’s leadership are equally in violation of said international binding resolution by bowing to U.S. demands.
IN tandem with the above, there are a slew of laws within Israel’s Penal Code – primarily dealing with Jewish SOVEREIGN rights within Israel – which are violated with impunity by Israel’s leadership on a regular basis, yet propped up under political “necessity”, as if there is no other option but to chop apart the Jewish patrimony – or else. Really. This is the insidious cover under which the leadership hides behind, and opines that it just can’t be helped, as it is in the nation’s “interest” to do “this and that”. How ignorant of the laws of the land do they think its Jewish citizens are? As to the Arabs in Israel, they (mostly) support said lawlessness.
Regardless, there is no getting around this horrific fact. In effect, those who are entrusted to protect the rights/title inherent to the Jewish people’s eternal homeland, are its grossest violators. For even if the Jewish majority wanted to concede parts of Israel, they have NO mandate to do so. NONE at all.
In this regard, let us hark back to yesteryear and take a trip down historical (legal too) memory lane, one which is fully supported within the following legal treatise authored by the (late) preeminent legal scholar, Howard Grief:The Legal Foundation And Borders Of Israel Under International Law: A Treatise on Jewish Sovereignty over the Land of Israel.
“No Jew is at liberty to surrender the right of the Jewish Nation and the Land of Israel to exist.This right is reserved to the Jewish People throughout the generations. Our right to this land, in its entirety, is enduring and eternal and until the coming Redemption, we shall never yield this historic right.” -David Ben-Gurion, 20th Zionist Congress speech, Basel 1937
Believe it or not…
Israel’s Legal Right to Samaria is enshrined in International Law!
A cold, hard look at the law reveals an undeniable if inconvenient (for some) truth: Israel and the Jewish People have full sovereign rights to Judea and Samaria. A fair and objective analysis of the various post-WWI declarations, agreements, decisions and treaties regarding the Question of Palestine (not to be confused with today’s made-up “Palestine” that the “Palestinians” claim as theirs) can only lead to this conclusion.
The most significant of these decisions was the San Remo Resolution of 1920, which recognized the exclusive national Jewish rights to the Land of Israel under international law, on the strength of the historical connection of the Jewish people to the territory previously known as Palestine. The outcome of this declaration gave birth to the “Mandate for Palestine,” an historical League of Nations document that laid down the Jewish legal right to settle anywhere in western Palestine, between the Jordan River and the Mediterranean Sea. In fact, in San Remo, the nations of the world had formally obligated themselves not only to establish a Jewish state on the historic Jewish Homeland but also to facilitate its development as well (see Article 6 of the still-binding Mandate for Palestine). This plainly means that today’s Israeli settlements are in fact 100% legal and that the accusation of “occupation” is completely false. Back then, the concept of a “Palestinian People” was unheard of and “Palestine” referred only to a Levantine region and never to an Arab nation or state. Believe it or not.
From San Remo to Samaria: Following the WWI defeat of the Turkish Ottoman Empire, the League of Nations (precursor to the U.N.) decided to divide up the huge landmass of the vanquished Ottomans as follows: a mandate, or trusteeship, for France (Lebanon and Syria) and a mandate for Britain (Iraq and Palestine [comprised of what is today Israel, Gaza, Judea, Samaria and Jordan]). The legal position of the whole of Palestine was clearly defined in several international agreements*, the most important of which was the one adopted in April 1920 at the San Remo Conference, attended by the Principal Allied Powers (Council of Four). It decided to assign the Mandate for Palestine under the League of Nations to Britain. Two years later an agreed text was confirmed by the League and came into operation in September 1923. In Article 2 of that document, the League of Nations declared that
“The Mandatory shall be responsible for placing the country under such political, administrative and economic conditions as will secure the establishment of the Jewish national home, as laid down in the preamble.”
The preamble clearly stated that
“recognition has hereby been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country.”
It was on this basis that the British Mandate was established. The San Remo Agreement was the last legally binding international decision regarding the rights to what is today known as the West Bank, and thus, according to international law which is still binding to this day, these parts, Judea and Samaria, belong to Israel and the Jewish People, period.
The significance for Israel and the Jewish People of San Remo cannot be overestimated. None other than Chaim Weizman, the Zionist leader of that time, declared:
“The San Remo decision…is the most momentous political event in the whole history of our (Zionist) movement, and, it is perhaps, no exaggeration to say in the whole history of our people since the Exiles”
Moreover, similar evidence was brought forth in the following interview: The Inquisitr Interviews Adina Kutnicki: The Reality Of Life For An Israeli Patriot (May 2013) –
Wolff Bachner: In your own writing, you have been quite outspoken about the Israeli government’s abusive treatment of the Jewish residents of Judea and Samaria (Gaza and the West Bank). They were encouraged by Israel’s leaders to move into the territories after 1967 and build entire communities, but since 2005 they have been uprooted time and time again by the order of the Israeli government.
What is the legal status of Judea and Samaria ? Wasn’t the land promised to Israel in 1924 under the San Remo doctrine, which is considered irrevocable international law under the UN’s founding charter? Isn’t Judea and Samaria actually Jewish land and don’t Israelis have the right to settle in these areas?
Why are Israeli leaders treating their own citizens which such brutality and contempt, as we have seen over and over in the gruesome videos of Israeli soldiers and police viciously assaulting Jewish settlers and destroying their homes with tanks and bulldozers?
The legal status of Judea and Samaria is currently “disputed” territories, even after Israel recaptured its (San Remo codified) heartland from an annihilatory waged war in 1967. Besides, whatever happened to “the victor goes the spoils” ? Regardless,”occupied” territories has become the accepted lexicon and tragically Israel’s left keeps trotting out the “occupation”, as if it is a truth derived from Sinai. Adding to the crux of the matter, it is absolutely, irrefutably the legal case that San Remo bestowed Palestine to the Jewish people. San Remo bases itself on Article 22 of the League of Nations, as such, ” a sacred trust of civilization” was declared and this Mandate created a Jewish national home in Palestine (incidentally, Palestine is the pejorative name given to Judea by the Roman Emperor Hadrian, over 2,000 years ago, as a reminder of the Philistines, an ancient enemy of the Jewish people). Even more so, the following clause was significantly added: “Whereas recognition has thereby been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country.” The legal case is closed, or so it would seem. But when it comes to Jewish title to their historical, legal, biblical birthright, nothing is as it should be. Up is down and wrong is right. Is it any wonder that evil is now reconstituted as good? For a complete education on the subject I refer the readers to Howard Grief’s (an eminent international legal expert) tour de force ” The Legal Foundation and Borders of Israel Under International Law.” What a fountain of (legal) truth.
As to Israel’s leaders…where to begin? A good place to commence is through a basic understanding of Israel’s political system – an (un)holy mess. In this vein, I penned an op-ed at American Thinker (reprinted at The Jewish Press) entitled ” The Paradox of Israeli Politics: Vote Right, Get Left.” To be precise, due to this glaring paradox, whereby the majority public elects a generally right wing leadership, citizens find themselves governed from the left. The reasons are manifestly beyond the scope of this forum, but a simple google search will direct interested readers to the aforementioned article.
In any case, this dysfunction explains how PM Sharon (and others have followed suit) was able to defy the will of the majority electorate who carried him to victory. Hence, he ordered the unilateral “disengagement” from Gush Katif (aka Gaza) and the northern Shomron, as he directed Israel’s citizen soldiers to bulldoze thriving Jewish communities, all the while over 8,600 lawful, taxpaying citizens were expelled – almost as if by fiat – even defying a referendum in the process. Orwellian. If any other western leadership behaved in such a brutish, non-democratic manner towards its Jewish citizens, well, all hell would have broken loose. Not to be lost in the discussion, had PM Sharon executed the same wholesale destruction towards its Arab citizens, then let’s just say that hell on earth would be more than an apt description. And in memory of the 6th year of said expulsion, another op-ed (“The Bitter Fruits of Disengagement“, August 19, 2011) was penned. It was featured at the Jewish Press and several other media outlets.
The above political pitfalls covers the “how” part of the question, and the “why” segment falls under the general purview of appeasement syndromes, not unlike Stockholm Syndrome. But as related above, its genesis lies in the Oslo “peace” process, thus, the “Oslo Syndrome” is highly applicable.
Wolff Bachner: The Netanyahu government seems dedicated to persecuting Israeli Jews who are Nationalists and believe in a strong Israel. Zionist patriots are prosecuted for hate speech if they say a word that is critical of Palestinians or Israeli officials and Rabbis are arrested for quoting Torah. Jewish homes in Israel proper are being destroyed by the Israeli authorities while Arabs squat and build with impunity on Jewish owned land. Israeli NGO’s accept millions of dollars of foreign money from nations and organizations that are openly hostile to Israel and use the money to defame Israel in the eyes of the world and endanger the lives of Israelis.
No other nation on the planet would tolerate hostile foreign governments undermining their national sovereignty and allow their citizens to accept money from those governments to attack the policies of their own country. Has the government of Israel lost its mind and its Jewish soul?
Is it now a crime in Israel to stand up for your country in the face of endless Muslim / Arab aggression and demand the government stop compromising with people who want to commit genocide against the Jewish people?
Adina Kutnicki: The Netanyahu government is emblematic of the disparate treatment meted out towards nationalist Jews, in contrast to kid glove treatment reserved for leftists and Arabists. It is entirely befuddling to those who are convinced that Israel has a nationalist leadership. While there are nationalists within, the overall policy is far from “right wing”. The left has a stranglehold on the justice/court system (Tzipi Livni, the current AG, is an avowed leftist), and its state prosecutors are beyond the pale. They haven’t met a Jewish nationalist who is not “guilty” and in need of “re-education”. Again, much of this lies within the scope of Israel’s broken parliamentary system of governance, whereby MK’s are not held accountable, hence, the lack of responsibility to a particular constituency.
As a matter of record, on behalf of my work with HONENU Legal Defense Organization – an Israeli non-profit designated to defend Israeli soldiers and citizens, free of charge, from legal traps which ensnare “settlers” and those who support their efforts – a series of investigations ensued. A centerpiece expose’ detailed a stunning indictment of Israel’s General Security Service (GSS), and as a reference point, its equivalent arm in the U.S. is the FBI. Instead of utilizing its frontal assault against a dangerous Arab fifth column, both inside the “green line” and in Judea and Samaria, it expends huge resources to entrap “settlers’, in the expectation that they will give up their defense of the heartland and just go “home” within Israel proper. Good luck with that. “Administrative Detention Orders Against Jewish Nationalists” (October 2011) delineates said internal struggle. Aside from its posting at HONENU, it can be found at the Freeman Center For Strategic Studies/The Freeman Blog. It is not easily digestible, so I apologize in advance for any ensuing heartburn.
But never mind, the leadership’s treachery is executed and conducted under the banner of “political maneuverings”, disguised as diplomatic imperatives, and “what we see from there, you don’t see from here”. Reprobates.
Aside from their oft repeated diplo speak and mumbo jumbo, multiple Israeli governments have egregiously vitiated Israel’s own laws, (with the “peace” process at the forefront, they also violate concrete laws when releasing terrorists, not only in contravention of Israel’s “Basic Laws”, but in the international legal arena too), making nonsense of any semblance of “rule of law”.
As a result, they continually exhibit grave (im)moral bankruptcy, and worse! So, even if they wake up one morning and collectively decide, that ceding the majority of the Jewish heartland is “mandatory” for “peace”, they are STILL not allowed to do so! Manna dropping from the sky couldn’t cover their behinds. End of story. Or so one would believe…
THEREFORE, pay rapt attention to the following column by Dr. Martin Sherman, a close associate; the most incisive strategic policy analyst – bar none – within Israel! Into the fray: Infuriating, insidious, immoral.
Then hop on over herein: Confronting Israel’s Precarious Future: An Interview With Dr. Martin Sherman: Part One. Mind numbing.
In a nutshell, those who are bereft of any semblance of moral and ethical behavior think little of betraying their dead & living, therefore, JEWISH JUSTICE is always denied. Recoil, when thinking how easily legal (not to mention moral) dictates are thrown asunder!
Tragically, aside from the insidious, immoral treachery emanating from Obama Inc., rest assured, Israel’s leaders bear just as close watching, as it is THEIR sworn obligation to protect Israel from said predators!
And if more evidence is required, it important to recognize that the release of CONVICTED Jew-killers is never sanctioned under Israeli law – for political considerations or otherwise – nor under International Law, so much so that the following would hardly come to pass without the leadership’s violations thereof: Terrorist hard core swapped for Gilead Shalit believed orchestrating current Palestinian attacks. So, as a result, any ensuing Jewish blood lands at the leadership’s door. They have become – unwittingly or not – accomplices. Years of terror releases surely tells the bloody tale.
NO sense placing lipstick on whatever pig stinks up the truth. The results lead to the same foul and deadly ending.