“Jews, Judaism and the Jewish State: ethnic rights and international wrongs”

Alderman, Geoffrey (2018) “Jews, Judaism and the Jewish State: ethnic rights and international wrongs”. Justice, 61. ISSN 0793-176X (In Press)

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Abstract

"Under international law, following the promulgation of the Palestine Mandate by the League of Nations, ethnic Jews enjoy the right of "close settlement" in the entire area of Mandate Palestine west of the Jordan River. This right, which is guaranteed and underpinned by Article 80 of the UN Charter, is enjoyed by Jews whether or not they are citizens of the State of Israel. It is not enjoyed by Israelis who are not ethnically Jewish. The right of ethnic Jews to establish communities in the area of the Mandate east of the Jordan River was for all practical purposes extinguished by the First Partition of Palestine (1922). In this territory (subsequently The Hashemite Kingdom of Transjordan - now "Jordan") Jews were prohibited from settling, and even now it is exceedingly difficult for any ethnic Jew to own property in less still to become a citizen of the Jordanian state. It will be argued that, although relinquished by the United Kingdom (1947) the Mandate persists, and that, therefore, the State of Israel (even within the 1949 Armistice Lines) was, is and remains under an obligation to facilitate and protect such settlement, which obligation is fully in accord with relevant Geneva Conventions. We must note in this connection that whilst the oft-cited UN resolution 242 (November 1967) calls for the withdrawal of Israeli armed forces from the West Bank (as part of an overall peace settlement) it makes no mention of Jews (or even of Israeli civilians)."

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