Israel has an International Legal and Historical Right to all of Judea and Samaria

  It is important for all to know that under present day international law, all of Jerusalem, Judea and Samaria belong to the Jewish people. Therefore the attempts by the international community to pressure Israel to give up this land is a violation of present day international law. The legal status of this land is indisputable in the face of the facts. Here in this section  The Jewish Heritage Project will provide you this proof because it has become apparent the that media centers of the world for the most part will not take note of this truth but have been partakers in the propagation of the deception whether inadvertently or not, that the Jews are occupiers of land that they have no rights to. Also world history bares witness that this was the location of the ancient Hebrew civilization. The Moral Foundation of this world was set out first in Jewish Scriptures which take special notes that G-d Made a Promise to Abraham the father of The Jewish People saying To him regarding this Land, “To Your Offspring Will I Give This Land” B’resheet 12:7

     April 25 this year is the 96th anniversary

of the San Remo Conference

http://www.israelnationalnews.com/Articles/Author.aspx/1012

Salomon Benzimra ז״ל  – gives a speech on, 

“The Jewish Peoples Rights to The Land of Israel”

Click here for Video

Salomon Benzimra

Salomon Benzimra

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Israel Palestinian Conflict: The Truth About the West Bank

Israel’s Deputy Minister of Foreign Affairs Danny Ayalon explains the historical facts relating to the Israeli Palestinian conflict

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     The Re-emergence of The Ancient Hebrew Jewish Civilization on the Land Where it First Began. 

“I Will Return The Captivity of Judea and The Captivity of Israel, And Will Rebuild Them As at First” Jeremiah 33:7

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A Jewish Response to a Call for a Palestinian State 

 

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Renanah Goldhar Gemeiner gives a speech on the History of Jews in Palestine. A treasure of facts everyone should know

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Renanah Goldhar Gemeiner explains the importance of the San Remo Resolution of 1920 to the Jewish People. 

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Howard Grief interview – The Legal Foundation and Borders of Israel under International Law – part 1

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Howard Grief – EC4I middle east conflict documentary: Give Peace A Chance

 

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Howard Grief – The Legal Foundation and Borders of Israel under International Law 

This video was made by Hoshea Allen

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Dr. Jacques Gauthier

International Law Scholar and Human Rights Attorney Presents

Sovereignty Over Jerusalem and its Old City” 

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The Legal Case for Israel Video

by Professor Eugene Kontorovich

MANDATE

San Remo conference of 1920 gave all of the land, including

Judea and Samaria, to the Jews.

Japan, Britain, Italy, France and United States gathered in San Remo Italy.

  Read article by Salomon Benzimra

Linkshertz.palestinemandate011 (1)

The Levy Report

On January 2012, the government of Israel established a commission to study the status of Israels presence in Judea and Samaria according to international Law. The commission was lead by Edmond Levy, a former Supreme Court justice, and included Alan Baker, former legal advisor to the Ministry of Foreign Affairs, and Tchia Shapira, former deputy president of the Tel Aviv District Court. 

On July 4th a the report was issued, It was learned in the report that Israels presence in Judea and Samaria is not illegal according to international law. In other words it has found that Israel in not conducting an illegal occupation.

In the conclusions it was stated,

 “Therefore, according to International law, Israelis have the legal right to settle in Judea and Samaria and the establishment of settlements cannot, in and of itself, be considered to be illegal.”-   

DOWNLOAD THE ACTUAL LEVY REPORT. click here   http://regavim.org/wp-content/uploads/2014/11/The-Levy-Commission-Report-on-the-Legal-Status-of-Building-in-Judea-and-Samaria2.pdf

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 The Balfour Declaration

This became the basis for international law regarding the Jewish peoples rights to Palestine

Foreign Office
November 2nd, 1917

Dear Lord Rothschild,

   I have much pleasure in conveying to you, on behalf of His Majesty’s Government, the following declaration of sympathy with Jewish Zionist aspirations, which has been submitted to, and approved by, the Cabinet.

   “His Majesty’s Government views with favor the establishment in Palestine of a national home for the Jewish people, and will use their best endeavors 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 would bring this declaration to the knowledge of the Zionist Federation.

Yours sincerely,
Arthur James Balfour

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The Mandate for Palestine

  On April 1920 the Principle Allied Powers of World War I assembled in the city of San Remo in Italy regarding division of land from the former Ottoman Empire. It backed up the wording of the Balfour Declaration and adopted a resolution on April 25, which became the basis for the Mandate for Palestine. On July 24, 1922 …28th of Tamuz, 5682, the League of Nations created the binding international legal document which backed up the Balfour Declaration and the conclusions of the San Remo conference. This was a homeland for Jews on their ancient Lands. Those ancient Lands are indisputable…..When the United Nations came into existence, it inherited League of Nations positions and recognized the Mandate for Palestine in article 80 of the U.N. charter.

The Mandate for Palestine states,

    Whereas the Principal Allied Powers have also agreed that the Mandatory should be responsible for putting into effect the declaration originally made on November 2nd, 1917, by the Government of His Britannic Majesty, and adopted by the said Powers, in favor of the establishment in Palestine of a national home for the Jewish people, ……

    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; …..

     Whereas His Britannic Majesty has accepted the mandate in respect of Palestine and undertaken to exercise it on behalf of the League of Nations in conformity with the following provisions; ….”

    “The Mandatory shall be responsible for seeing that no Palestine territory shall be ceded or leased to, or in any way placed under the control of the government of any foreign power….”

  To this day the Mandate for Palestine remains the only binding international law in existence regarding ownership of this land. It has never been superseded by another law. Therefore all efforts by the international powers to pressure Israel to give up this land is a violation of international law.

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WHAT IS PALESTINE? WHO ARE THE PALESTINIANS?

1922

The Forgotten Refugees

  In 1945 there were up to one million Jews living in the Middle East and North Africa outside the Palestine Mandate. Today there are only several thousand remaining. Israel absorbed hundreds of thousands of these refugees but their story was never told. We are at a time when the world says there is an Arab refugee problem.  Arab refugee camps exist in Arab  communities in Judea and Samaria and also in surrounding Arab nations who supposedly many are waiting to be absorbed into a new Arab nation the international powers want to create in Judea and Samaria. Also many  have demanded reparations should be made to these same Arab people and these powers have refused to acknowledge the real innocent refugees of the middle east. These are the almost one million Jews that were expelled and lost everything because they were Jews. However unlike the Arab nations, Israel has absorbed them. Still within their new nation they had struggles and have over come. This is a story that must go out to the world. For more info visit  http://www.jimena.org/

 Israel is the legal occupant of the West Bank, says the Court of Appeal of Versailles, France

PUBLIÉ PAR JEAN-PATRICK GRUMBERG LE 13 JANVIER 2017

In a historical trial carefully « forgotten » by the media, the 3rd Chamber of the Court of Appeal of Versailles declares that Israel is the legal occupant of the West Bank*.

When I first learned that the Court of Appeal of Versailles ruled that West bank settlements and occupation of Judea Samaria by Israel is unequivocally legal under international law, in a suit brought by the Palestinian Authority against Jerusalem’s light rail built by French companies Alstom and Veolia, that received no media coverage, I decided to put to work my years of Law Studies in France, and I meticulously analyzed the Court ruling.

To my astonishment, pro-Israeli media did not cover it either. The few who mentioned the case did not have any legal background in French law to understand the mega-importance of the ruling, and, as a few lefty English speaking Israeli websites reported it, they thought that it was a decision strictly pertinent to the Jerusalem light rail. It’s not.

To make sure I did not overestimate my legal abilities and that I wasn’t over optimistic – as usual-, I submitted my analysis and the Court papers to one of the most prominent French lawyer, Gilles-William Goldnadel, President of Lawyers without borders, to receive his legal opinion. He indeed validated my finding. Then I decided to translate it to English, and it will soon be submitted to Benjamin Netanyahu thru a mutual friend.

First and foremost, the Versailles Court of Appeals had to determine the legal rights of Palestinians and Israelis in West Bank. Their conclusion: Palestinians have no right – in the international legal sense – to the region, unlike Israel, who is legitimately entitled to occupy all land beyond the 67 line.

The context :

In 1990, Israel bid for the construction of the Jerusalem light rail. The tender was won by French companies Veolia and Alstom. The light rail was completed in 2011, and it cross Jerusalem all the way to the east side and the « occupied territories » (more about this term later).

Following this, the PLO filed a complaint with the High Court (Tribunal de Grande Instance) of Versailles France, against Alstom and Veolia, because according to PLO, « the construction of the tram is illegal since the UN, the EU, many NGOs and governments consider that « Israel illegally occupy Palestinian territories ».

The quest for the International Legislation to establish the rights of each party.

In order to rule whether the light rail construction was legal or not, the court had to seek the texts of international law, to examine international treaties, in order to establish the respective rights of the Palestinians and the Israelis.

And to my knowledge, this is the first time that a non-Israeli court has been led to rule on the status of the West Bank.

In a historical trial carefully « forgotten » by the media, the 3rd Chamber of the Court of Appeal of Versailles declares that Israel is the legal occupant of the West Bank*.

When I first learned that the Court of Appeal of Versailles ruled that West bank settlements and occupation of Judea Samaria by Israel is unequivocally legal under international law, in a suit brought by the Palestinian Authority against Jerusalem’s light rail built by French companies Alstom and Veolia, that received no media coverage, I decided to put to work my years of Law Studies in France, and I meticulously analyzed the Court ruling.

To my astonishment, pro-Israeli media did not cover it either. The few who mentioned the case did not have any legal background in French law to understand the mega-importance of the ruling, and, as a few lefty English speaking Israeli websites reported it, they thought that it was a decision strictly pertinent to the Jerusalem light rail. It’s not.

To make sure I did not overestimate my legal abilities and that I wasn’t over optimistic – as usual-, I submitted my analysis and the Court papers to one of the most prominent French lawyer, Gilles-William Goldnadel, President of Lawyers without borders, to receive his legal opinion. He indeed validated my finding. Then I decided to translate it to English, and it will soon be submitted to Benjamin Netanyahu thru a mutual friend.

 

First and foremost, the Versailles Court of Appeals had to determine the legal rights of Palestinians and Israelis in West Bank. Their conclusion: Palestinians have no right – in the international legal sense – to the region, unlike Israel, who is legitimately entitled to occupy all land beyond the 67 line.

The context :

In 1990, Israel bid for the construction of the Jerusalem light rail. The tender was won by French companies Veolia and Alstom. The light rail was completed in 2011, and it cross Jerusalem all the way to the east side and the « occupied territories » (more about this term later).

Following this, the PLO filed a complaint with the High Court (Tribunal de Grande Instance) of Versailles France, against Alstom and Veolia, because according to PLO, « the construction of the tram is illegal since the UN, the EU, many NGOs and governments consider that « Israel illegally occupy Palestinian territories ».

The quest for the International Legislation to establish the rights of each party.

In order to rule whether the light rail construction was legal or not, the court had to seek the texts of international law, to examine international treaties, in order to establish the respective rights of the Palestinians and the Israelis.

And to my knowledge, this is the first time that a non-Israeli court has been led to rule on the status of the West Bank.

Why is this an historical ruling: it is the first international case since the declaration of the State of Israel in 1948

It is the first time since the establishment of the State of Israel in 1948 that an independent, non-Israeli court has been called upon to examine the legal status of West bank territories under international law, beyond the political claims of the parties.

Keep in mind though, that the Court’s findings have no effect in international law. What they do, and it’s of the utmost importance, is to clarify the legal reality.

The Versailles Court of Appeal conclusions are as resounding as the silence in which they were received in the media: Israel has real rights in the territories, its decision to build a light rail in the West Bank or anything else in the area is legal, and the judges have rejected all the arguments presented by the Palestinians.

The Palestinian arguments

  • The PLO denounces the deportation of the Palestinian population, and the destruction of properties in violation of international regulations. Relying on the Geneva and Hague Conventions and the UN resolutions, it considers that the State of Israel is illegally occupying Palestinian territory and is pursuing illegal Jewish colonization. Thus, construction of the light rail is itself illegal (1).
  • The PLO adds that the light rail construction has resulted in the destruction of Palestinian buildings and houses, the almost total destruction of Highway 60, which is vital for Palestinians and their goods, and has conducted many illegal dispossessions. Therefore, several clauses from the annexed Regulations to the October 18, 1907 Fourth Hague Convention were violated (2).
  • Finally, the PLO alleges that Israel violates the provisions relating to the « protection of cultural property » provided for in Article 4 of the Hague Convention of May 14, 1954, Article 27 of the Hague Regulations of 1907, Article 5 of the Hague Convention IX of 1907, and Article 53 of Additional Protocol No. 1 to the Geneva Conventions.
  • The Court of Appeal does not deny the occupation, but it destroys one after another all the Palestinian arguments

  • vention of 1907 stipulates that « The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety ».Referring to the texts on which the PLO claim is based, the Court of Appeal considers that Israel is entitled to ensure order and public life in the West Bank, therefore Israel has the right to build a light rail, infrastructure and dwellings.

    Article 43 of the Fourth Hague Convention of 1907 stipulates that « The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety ».

  • Israeli occupation does not violate any international law

    « The Palestinian Authority misread the documents, they do not apply to the occupation »

    The Court explains that the Palestinian Authority misinterprets the texts and they do not apply to the occupation:

    • First of all, all the international instruments put forward by the PLO are acts signed between States, and the obligations or prohibitions contained therein are relevant to States. Neither the Palestinian Authority nor the PLO are States, therefore, none of these legal documents apply.
    • Secondly, said the Court, these texts are binding only on those who signed them, namely the « contracting parties ». But neither the PLO nor the Palestinian Authority have ever signed these texts.

    Propaganda is not international law

    The Court, quite irritated by the presented arguments, boldly asserted that the law « cannot be based solely on the PLO’s assessment of a political or social situation.« 

    Humanitarian law was not violated

    The PLO mistakenly refers to the wrong legal document because the Hague Convention applies in case of bombing. And … « Jerusalem is not bombed. »

    The PLO invokes the violation of humanitarian law contained in the Geneva and Hague Conventions.

    • But on the one hand, says the judges of the Court of Appeal, international conventions apply between States and the PLO is not a State: « the International Court of Justice has indicated that [the Conventions] only contain obligations for the States, and that individual have no rights to claim the benefit of those obligation for themselves ».
    • Then the Court says that only the contracting parties are bound by international conventions, and neither the PLO nor the Palestinian Authority have ever signed any of them.
    • The Court draw the conclusion that the PLO is mistakenly referring to the wrong legal document because the Hague Convention applies in case of bombing. And … « Jerusalem is not bombed.« 

    The PLO and the Palestinians were dismissed

    The PLO cannot invoke any of these international conventions, said the Court.

    « These international norms and treaties » does not give the « Palestinian people that the PLO says he represents, the right to invoke them before a court.« 

    The Court of Appeal therefore sentenced the PLO (and Association France Palestine Solidarité AFPS who was co-appellant) to pay 30,000 euros ($32,000) to Alstom, 30,000 euros to Alstom Transport and 30,000 euros to Veolia Transport.

    Neither the PLO nor the Palestinian Authority nor the AFPS appealed to the Supreme Court, therefore the judgment has become final.

    This is the first time that a Court has legally destroyed all Palestinian legal claim that Israel’s occupation is illegal.

    Reprint or redistribution of this copyrighted material is permitted with the following attribution and link: © Jean-Patrick Grumberg for www.Dreuz.info

    • (1) The PLO relies on article 49 of the Fourth Geneva Convention of August 12, 1949, which states that « the occupant power may not deport or transfer part of its own civilian population in the Territory he occupies », and article 53, which states that « the occupant Power is prohibited from destroying movable or immovable properties belonging individually or collectively to private people, to the State or to public authorities or social or cooperative organizations, except in cases where such destruction is rendered absolutely necessary for military operations ».
    • (2) The PLO refers to the Fourth Geneva Convention of August 12, 1949:
      • Article 23 (g), which prohibits « the destruction or seizure of enemy properties except in cases where such destruction or seizure are imperatively ordered for the necessities of war. »
      • Article 27 according to which « in the sieges and bombardments, all necessary measures must be taken to spare as much as possible the buildings devoted to worship, the arts, sciences, charitable institutions, historical monuments, and hospitals … »
      • Article 46 which states that « private property can not be confiscated ».