Posts Tagged ‘Security Council Resolution 194’

2. Arab-Palestinian Narrative

Friday, September 12th, 2008

The fundamental structural elements of the Arab perception of its case encompass the following assertions to which a brief response is given and expanded later:

  • “Palestine was and is a country which the Arabs have occupied for more than a thousand years, and any Jewish historical claims to the land are rejected.”
    • Response:
      • Jews, too, have maintained an unbroken contact with Palestine since their involuntary dispersion 2000 years ago by the Romans and have never severed their connection with it.
      • There is no justification for rejecting a historical claim if that claim has been maintained uninterruptedly since the dispersion.
  • “The British Government, in issuing the Balfour Declaration   (http://www.yale.edu/lawweb/avalon/mideast/balfour.htm ) was disposing of something that did not belong to it.”
    • Response:
      • The text of the Balfour Declaration and its issuance received prior approval of the American and French governments
      • Contemporaneously with the issuance of the Declaration in 1918, Britain had conquered Palestine and in accordance with the laws of war pertaining at the time, she would have been entitled to protect her interests there. Were it not for American involvement, she would have utilised the territory for her own uses. In the absence of outside investment she would have been left in deficit to manage an under-populated territory incapable of being financially and economically independent – as Palestine was under Ottoman rule. In the circumstances and with the agreement of the Allied powers she legitimately promoted demographic and capital inflows while protecting the civil rights if the existing inhabitants.
  • “The Mandate was in conflict with the Covenant of the League of Nations from which it derived its authority.” (http://www.yale.edu/lawweb/avalon/leagcov.htm).

    • Response:
      • Article 22 of the League of Nations Covenant recognises that some territories were almost ready to stand alone, while others needed further “tutelage.”
      • Sub article 1 relates to those territories which are inhabited “by peoples not yet able to stand by themselves under the strenuous conditions of the modern world.” The Syrian and Iraqi (Mesopotamia) mandates fell under this head.
      • In contrast, subarticle 4 refers “certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognized. The Palestine mandate
        falls under this provision.
  • “The part played by the British in freeing the Arabs from Turkish rule after World War I did not empower Great Britain, France or the other Allied Powers to dispose of “their” country.”
    • Response:
      • Rather than constituting a pre-existing aspiration, Arab independence was in fact a new vision following the Ottoman defeat – a by-product emerging from the deliberations and fiats of the victors. In the process of securing her interests Britain permitted and even encouraged Arab self-determination but only in those areas where British interests were not compromised
      • Britain’s intention in going to war with Germany and her ally Turkey did not specifically encompass freeing the Hashemites or any other Arab tribe from Ottoman rule.
      • In any case Britain did not agree to recognise Hashemite interests extending into Palestine and Hussein, Hussein, King of Hajaz at the time, deferred his claim to Palestine until the conclusion of WW I.
  • “Turkish rule was preferable to that of the British rule, if the latter involved their eventual subjection to the Jews.”
    • Response:
      • Arab preference for Islamic rule over that exercised by a dhimmi people (see later for extended discussion) presupposes that Islamic hegemony is justifiable.
      • Past experience has shown that Jewish and Christian inhabitants in Arab lands under Muslim rule have not been treated as equals in the exercise of their civil and religious rights and their holy places have been desecrated.
      • In contrast, the Jewish State of Israel permits freedom of worship and respects almost all sites claimed by Islam and other beliefs as Holy Places
  • “The Mandate was and is a violation of the Arab right of self-determination since it forced upon the Arab population within its own territory an immigrant non-Islamic and foreign people whom they did not desire and would not tolerate. In short they regarded the Mandate as a Jewish invasion of Palestine.”
    • Response:
      • The Arab position presuppose that no other peoples in the Middle East have a right of self-determination
      • Jews living in Arab lands also have an equal right of self-determination which the Arab majority in the Middle East unjustifiably refuses to recognise.
      • The Husseini Arab leadership’s hatred of Jews generally, and as foreign interlopers to Palestine particularly, is racially prejudicial and is unsupportable in international law.
  • Palestinians assert that the promises made to the Arabs by Great Britain in 1915 in the Hussein-McMahon correspondence, and the later assurances given to Arab leaders by Presidents Roosevelt and Truman concerning Palestine, had been understood as recognition of the principle that Palestinian Arabs should enjoy the same rights as those enjoyed by the populations of the neighbouring Arab states. Thus the emergent opposition to the idea of a Jewish National Home predated the issue of the Mandate in 1922 and again before the 1942 Biltmore Program expressed its support for a Jewish State. (See Anglo-American Committee of Enquiry, Chapter VI, paras. 2 and 3 http://www.yale.edu/lawweb/avalon/anglo/angch06.htm)
    • Response
      • Refutation of this argument is presented at length in Chapter II.
      • Suffice it to say here that the conclusions drawn from the Hussein-McMahon correspondence by the Arabs in general and the Palestinians in particular do not coincide with the evidence. (see Isaiah Friedman, Palestine: A Twice Promised Land The: British, The Arabs and Zionism 1915-1920, Transaction Publishers, Edison, NJ 08837,  2000)
  • Since by 1947 all the surrounding Arab States had been granted independence, Palestinian Arabs argue that they were just as advanced politically as were the citizens of the nearby States, and the suggestion that self-government should be withheld from Palestine until the Jews had acquired a majority was outrageous
    • Response:
      • Arab political advancement is inconsistent with the evidence on the ground:
      • Government is tribally autocratic not democratic (see later).
      • Self-government remains government by elites and is unaccountable to the general population.
      • Sexual equality remains undeveloped and the exercise of other internationally acknowledged human rights is suppressed.
      • The Jewish majority in the State of Israel recognises, as a matter of principle, the equality of the Arab population. That it is not always implemented in practise, is to be regretted.
      • Immediately following Israel’s declaration of Independence in 1948 five Arab armies invaded the territory lying to west of the Jordan River. Israel, acting in self defence, succeeded in retaining the area designating by the United Nations as the territory of the Jewish State, but also encroached on some of the territory designated for the Palestinian Arab state. The balance became occupied mainly by Jordan, and small areas by Egypt and Syria.
  • After 1948, but before 1967, the Palestinians added one further claim in addition to those mentioned above. Those Palestinians who had fled, been driven out, or otherwise dispossessed of their lands located in what subsequently became the State of Israel as a result of the War of Independence (Israeli nomenclature) or “al-Nakba“, the “catastrophe” (Palestinian Arab nomenclature) have the “right of return” to their original homes.
    • Response:
      • The United Nations Security Council Resolution 194 does not support a right of return as the exclusive remedy available to Palestinian refugees. Compensation, rehabilitation and resettlement are alternative possibilities
      • The Resolution refers to refugees who wish live at peace with their neighbours. The desire for peaceful co-existence has not been manifested in practice by the refugees or their leadership.
  • Following the Six Day War in 1967, the Palestinians assert further that the following Israeli acts are illegal and contrary to international law:
  • the military occupation by the Israel Defence Forces of  the previously held Palestinian – Jordanian land;
  • the taking of that land by Jewish settlers; and
  • the annexation of East Jerusalem (and the Golan Heights) by the State of Israel.

Israel rejects the assertion of illegality in her above actions and the detailed response to these claims forms the major part of this book