…. herewith is my answer to your question about Article 80 of the UN Charter and how that provision of law affects the UN in deciding on the Arab “Palestinian” bid to be recognized as a new independent state in Judea Samaria and Gaza, with its capital in eastern Jerusalem. I strongly believe that any resolution adopted by the Security Council or General Assembly recognizing “Palestinian” statehood would be blatantly illegal in violation of its own Charter (specifically Article 80) and also beyond the authority of both these UN organs.
Article 80 preserves intact the rights of the Jewish People granted under the Mandate for Palestine , and those rights could not be altered in any way unless there had been an intervening trusteeship agreement between the parties concerned. No such agreement was ever made during the three year period from 1945 to 1948 when it was possible to make this kind of agreement and it is now too late to do so. Therefore all Jewish rights under the Mandate remain in full force today, including in particular the right to establish new Jewish settlements in any part of former Mandated Palestine under effective Israeli control.
All UN bodies and agencies are obliged or bound by Article 80 and therefore the UN cannot legally prevent the Jews of Israel from exercising their rights or interfering with them that were recognized under the Mandate, or transfer those rights to a non-Jewish entity such as the “Palestinian” Authority. All of Palestine was reserved or assigned exclusively for the Jewish National Home on April 25, 1920 upon the adoption of the San Remo Resolution even though the boundaries of the country were not delineated on that particular date* and no part of the land was allotted for an Arab National Home or State since Arab self determination was being granted elsewhere in Syria, Iraq, Arabia and North Africa.
Moreover, the UN is not the sovereign of the land we call Eretz-Israel where a new Arab state is to be established contrary to existing international law. I enunciated this very point in my two hour interview with a film crew from the European Council for Israel that took place on May 3, 2011 at my Jerusalem home. Unfortunately this very important point was edited out of the You Tube video “Give Peace a Chance”, now widely shown on the internet. By this fact alone, the UN has no authority or power to divide the land for the purpose of creating this new Arab “Palestinian” state.
Apart from that fact, there is no provision in the UN Charter, which is an international treaty, that gives the UN the power to create a new state, or to allot territory to create such a state especially in the case where the land in question belongs to the Jewish People.
If the UN had such power, then logically it would also have the inverse power to “de-create” or dismember an existing state, a power it certainly does not hold under the UN Charter.
For the foregoing reasons, the bill introduced in Congress by Ileana Ros – Lehtinen to withdraw American funding to the UN if it recognizes Arab “Palestinian” statehood is definitely the proper course of action to follow.
* The borders for the Jewish Homeland were decided on Dec. 23rd. 1920.
Mandate for Palestine, April 24, 1920.
Boundaries of the Land in which the JEWISH National Home was to be reconstituted.
MARCH 29, 2012
POSTED BY TED BELAM
To Mr. Leonello Gabrici
The Head of the Division,
Middle East II: Israel, Occupied Palestinian Territory,
Middle East Peace Process,
European External Action Service
Dear Mr. Gabrici,
I am appalled and dumbstruck by the fact that you are the Head of a Division of the European External Action Service whose jurisdiction explicitly deals with “Middle East II: Israel, Occupied Palestinian Territory, Middle East Peace Process”. This title is an insult to the Jewish People, to Zionism and the valiant struggle that the Jews waged to reclaim their ancient homeland, a struggle that began in earnest with the convocation of the first Zionist Congress at Basel, Switzerland in 1897.
The country of Palestine was created in April 1920 at the San Remo Peace Conference for one purpose only – to be the Jewish National Home, and the term “Occupied Palestinian Territory” is thus an oxymoron since Palestine was never intended to be an Arab land under international law now supposedly “occupied” by Israel, as the title of your office implies, but rather was always intended to be a Jewish land that was to reconstitute the ancient Jewish State of Judea destroyed by Rome in the first century C.E. It takes staggering ignorance or ingrained hostility to the Jewish People and Zionism to believe that the land known to the Jews as Eretz-Israel since the time of Joshua Bin-Nun, long before it was called Palestine, belongs to the local Arab inhabitants who have falsely re-branded themselves as “Palestinians”.
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