
That fine blogger Elder of Ziyon has a great scoop in the shape of a ‘Palestine Paper’ that the Guardian unaccountably chose not to reveal. The PLO, no less, recorded the legal rights of Jews to land they owned prior to 1948 -- some of which they had bought from the Arabs -- in areas now considered beyond the 1967 border (in reality, the 1948 ceasefire lines; Israel has never had proper ‘borders’ because the war of extermination against it has never actually ended). Elder writes:
...in 2008 the PLO wrote a paper describing the legal rights of Jews to lands that they owned prior to 1948.The intent was to have a position ready in case Israel brought the issue up in negotiations. It was not presented to Israel.
It is astonishing to read paragraphs like these from the PLO:
Jews who owned land have the right to have their land restored to them or to be compensated, if restitution is not materially possible. Jews are entitled to compensation for other material and non-material losses, including lost profits, lost income, etc. caused by their displacement and dispossession.
Some of the parts are fascinating. For example, it describes (and implicitly supports) the bigoted British policy of severely restricting the rights of Jews - and only Jews - to buy land before 1948...
It was of course Jews -- and only Jews -- to whom the British had a legal obligation under the Mandate to settle throughout Palestine -- including in the very same ‘occupied’ territories that the British, who tore up their treaty obligations to the Jews, now claim ad nauseam Israel is occupying illegally. Elder continues:
Between 1948 and 1967, Jordan and Egypt essentially confiscated Jewish-owned land, against international humanitarian law... Finally, the document describes some specific lands indisputably owned by Jews - even according to the Palestinian Arabs.
[L]and located on Mount Scopus...was purchased from a British national in 1916. Boris Goldberg, a member of Lovers of Zion, paid for the land and took title in his name.51 He gifted the land to the JNF, which gave a 999-year lease to Hebrew University.52 Additional land was purchased on Mount Scopus from Raghib al-Nashashibi, Mayor of Jerusalem, and was used for the Hebrew University. Hadassah Hospital was also built on land purchased on Mount Scopus.
...By 1946, the JNF acquired 72,300 dunums in the Gaza district, which encompassed more than present-day Gaza.
In 1930, a Jewish farmer from Rehovot, Tuvia Miller, bought 262 dunums of land in Dayr al-Balah in the Gaza sub-district. Miller eventually sold his land to the JNF in the early 1940s. The JNF then allowed settlers from the religious Ha-Poel ha-Mizrahi movement to build the kibbutz of Kfar Darom on the land in October 1946. They abandoned the kibbutz in June 1948.59
Stein reports a purchase of 4,048 dunums in Huj (Gaza sub-district) in 1935 but does not indicate the identity of the Jewish purchaser.60 Note, however, that the Palestine Partition Commission reported that, by 1938, only 3,300 dunums in Gaza were owned by Jews. 61 In 1941, 6,373 dunums were purchased by the JNF around Gaza City, though it is unknown whether the purchase was permissible under the Land Transfer Regulations 1940.
The government of Palestine estimated a population of 3,540 Jews in the Gaza sub-district at the end of 1946. Information has not been found on the circumstances under which these Jews departed from Gaza in 1948.
Anyone like to hazard a guess?
Would all those shrieking ‘illegal’ at Israel over the ‘settlements’ care to, uh, synchronise their statements with the Palestinians? Or is it one law for everyone but another altogether for the Jews?
Don't all answer at once.
Blogs: Martin Bright | Susan Hill | Alex Massie | Coffee House | Faith Based
Actions: Print this article | Email to a friend | Permalink | Comments (38)
Post this entry to: del.icio.us | Digg | Newsvine | NowPublic | Reddit
Advertisement
1 Yes campaign launch will cause problems — for the independence movement - Ysenda Maxtone Graham
2 Obama vs Balls - edited by Graham Storey, Margaret Brown and Kathle
3 Cameron's attack on Balls is strangely endearing - Lloyd Evans
4 Susie Squire to take over as Tory press chief - James Forsyth
5 What Farage's offer means for David Cameron - James Forsyth
Melanie Phillips is a Daily Mail columnist. She also writes for the Jewish Chronicle and is a panellist on BBC Radio Four's Moral Maze. Her most recent book is 'The World Turned Upside Down: The Global Battle over God, Truth and Power', published by Encounter.
For a complete set of Melanie's articles click here
1,700 Unusual Christmas Presents Request Catalogue 01935 815 195 Quote SPEC10 for 10% discount www.presentfinder.co.uk
Pimilco based Florist with online ordering Web: www.olivebranch.net Tel: 020 7630 1868 Fax: 020 7233 8844
62 Shore Road, Warsash, Southampton, SO31 9FT Telephone: 01489 578867 Web site: www.ruffs.co.uk
Apollo Magazine | Corporate | Advertising | Privacy | Terms
Spectator, 22 Old Queen Street, London, SW1H 9HP
All Articles and Content Copyright ©2012 by The Spectator | All Rights Reserved
Robin Davies
February 10th, 2011 8:22pmWell, it'll be interesting to see what Derek Blades has to say.
Augustus
February 10th, 2011 10:04pmThe plain fact is that the conflict which arose throughout those years centred upon a basic inequality in as much as
while many Arab nations already existed, and the Arab world extended from the Atlantic coast
of Morocco to the waters of the Persian Gulf (and the Muslim world far beyond that), the Jews
had no existing country in which they were sovereign, or in a majority. There was, for example, no Jewish sovereign state, however small, to which the Jews of Germany could go as of right and settle in their own land. The Zionist cause of Jewish nationalism of the previous 30 years had not yet secured such a safe and sovereign haven. For the Jews the land was everything and there was nothing else, whereas for the Arabs Palestine was only a small portion of the large and numerous Arab territories.
steve
February 10th, 2011 10:45pmSorry, but didn't you earlier suggest that these papers were forgeries?
david singer
February 11th, 2011 1:52amJews owning property in the West Bank, Gaza and East Jerusalem prior to being tossed out of these areas by Jordan between 1948-1967 is a fact that needs to be constantly repeated. The Jews right to return to these areas after 1967 to reconstitute the Jewish National Home were preserved and safeguarded by article 6 of the Mandate for Palestine and article 80 of the UN Charter.
BUTSeriously
February 11th, 2011 2:16amThe charade must stop. The Balfour must be restored- it remains the worst post-W.W.II crime, we need a 2-state in Egypt - one for the Copts, Hezbo removed and the false, genocidal aspired term of Pretend Pals be ceased - the Arabs in Palestine are the world's least affected alledged refugees on the planet, with more options than any other peoples on the planet. Jordan is a ficticious, illegal settlement. Serial 2-states in the same small land = Genocide for Jews. At least the Nazis were honest about it. Melanie is a light shining in the darkness.
BUTSeriously
February 11th, 2011 2:21amThe worst violation of the UN in its entire history is the multi-state Arab attacks on the UN re-restablished state of Israel: why no UN Resolution on this attack, perpetrated with a declared goal of genocide - even after the attacking states VOTED in the UN Motion? Guess why the attacks continue!
Margaret
February 11th, 2011 2:51amAre you trying to say that current settlements are equivalent to Palestinians living on land that Jewish people owned but fled in 1948? I am not sure I see the connection, especially as the events of 1948 created hundreds of thousands of Palestinian refugees who were unable to return to land they owned deeds for.
Also, the belief that "the Arabs" already had a lot of land while Jewish people had none is just ignorant and racist assumption that all Arabs are the same and interchangeable and therefore the Arabs living in Palestine are the same as the Arabs living in Jordan and Egypt and Iraq etc.
The Europeans already had a lot of land - all of Europe - why couldn't they give the Jewish people land for their state? After all it was Europeans who perpetrated the holocaust, not Arabs.
Im sure when I make this argument about Europeans your mind will immediately recoil against it, because you are able to realize that all Europeans are not the same, the Germans are different than the British who are different from the Polish, etc. Such is true of Arabs, you just don't care to understand enough about their history or culture to automatically differentiate them in your mind.
DeeJay
February 11th, 2011 9:50amMaybe the tragedy for Israel is that, although it is geographically in the middle of the Middle East, for many of those who have returned to Israel from the diaspora since 1940's; mentally, philosophically, culturally and politically, they are still somewhere else, probally old Europe or America.
Joshua
February 11th, 2011 10:02am"Im sure when I make this argument about Europeans your mind will immediately recoil against it, because you are able to realize that all Europeans are not the same,"
In terms of the Holocaust, they were all more or less exactly the same.
Dr Michael Ward
February 11th, 2011 11:06amThis never ending debate about who said what to whom when and who is most at fault and what terms we should use to describe people and patches of land and various lines on those patches of land is simply absurd!
What should happen NOW Melanie? One state, two states, or some other solution? What should that solution look like (in broad terms)?
Since you write about this subject on an almost daily basis, surely you can find a little bit of space to tell us what YOUR position is.
Perhaps then a genuinely fruitful debate could begin.
david singer
February 11th, 2011 11:19amTo Margaret
There are very few Arabs who fled what is now Israel in 1948 who still own unclaimed property. Israel has a Custodian for Property of Absentee Owners enabling anyone to substantiate his claim.
The Jews were kicked out of Gaza,the West Bank and East Jerusalem in 1948 and would still not have returned there today had the Arabs not prosecuted the Six Day War.
Germans,Brits and Poles speak different languages, have different cultures and separate historical experiences. The Palestinians define themselves as an integral part of the Arab nation. The Arabs got 99.999% of the land captured from the Ottoman Empire. The Jews were awarded 0.0001% - too much apparently for the Arabs to accept as they still refuse to recognize the Jewish State 63 years after its birth
BUTSeriously
February 11th, 2011 12:35pm" the Jews had no existing country"
Actually, they did - Israel was the name of a soveriegn Jewish state 3000 years ago, and the statutory period does not apply for two legal reasons:
1. No state was ever recognised in Palestine for all that period.
2. The staturory period does not apply when enforcement, murder and barring the Jews' return was prevalent.
It is the Arab states installed by Briton which never existed before 120 years! Briton disregarded a host of peoples which predate both Islam and the Arab race: the Copts, the Kurds, the Drews and the Jews.
Its time for a 2-state in Egypt - one for the original, native Copts.
Paul
February 11th, 2011 4:52pmWhat exactly is the complaint here - that Palestinians are willing to restore pre-1948 Jewish property as part of a settlement? Those evil treacherous Muslims!
Would Israel care to offer the same to Palestinians?
No-one has ever said there were no Jewish settlements in the west Bank before 1948, just that there where nowhere near the total number there are now, which are built on land captured in war which is illegal under international law.
Paul
February 11th, 2011 4:55pmAugustus "For the Jews the land was everything and there was nothing else, whereas for the Arabs Palestine was only a small portion of the large and numerous Arab territories."
Well your house is only a small portion of the territory of whatever country you live in. If I am homeless is it ok for me to come and take it off you at gunpoint? You can move move somewhere else in your country can't you?
Or do I have to be able to say that my great-great-great-great-great x 50 grandfather once lived there to make it ok?
Tilly
February 11th, 2011 5:16pmDr Michael Ward
I'm beginning to wonder whether the entire Middle East mess isn't summed up by the level of debate in these blogs.
Almost all the energies of contributors are devoted to chewing over wrongdoings and betrayals, point-scoring, nit-picking at legal niceties, name-calling, demands for retaliation, and prophesies of doom.
Anything vaguely resembling a proposal of a solution is pounced upon in an entirely reactive (and negative) way rather than being countered by pro-actively (positive) alternative suggestions.
This, no doubt, is exactly the spirit in which "negotiations" are conducted over the future of Israel and its neighbours.
There is no real interest in peace - or even the realistic prospect of a win - only in the stimulation of fighting.
WetherspoonThree
February 11th, 2011 6:04pmTilly @ 5.16pm
I read some of the Old Testament some years back during a particularly wet weekend and these disputes have hardly changed in 3000 years.
Augustus
February 11th, 2011 9:16pmPaul - Your remarks are fatuous
and are made even more silly when one considers the extent of the absentee Arab landlords, not to even mention the neglect
and poor quality of the land. As
one would expect, the Jews improved conditions immensely,
not just for themselves, but for
Arabs they employed too. Do get over your hatred of these 'voortrekkers' of Palestine Jewry and their aspirations for statehood.
Alex Bensky
February 11th, 2011 11:56pmThe twentieth century is replete with people forced out of their land, Margaret...from the Ionian Greeks and Salonikan Turks and a bunch of people in the former Austro-Hungarian Empire after World War I to millions upon millions after World War II and the Indian partition.
But no one, absolutely no one, is worried about the land lost by Karelian Finns, eastern Poles, Sudeten Germans, so on, and on, and on. For that matter, the world doesn't seem to be all that exercised about the land and property of Jews forced out of Arab lands after 1948, or the Jews of places like the Etzion Bloc or Hebron who were forced out of their land.
Everyone else simply assumed that unpleasant as it may be, you take in your people, the other side takes in theirs, and that's how you try to figure out some sort of workable peace.
Only the Palestinian Arabs, of all the peoples of the world, have some sort of "inalienable right of return." If I were a cynic I'd say it's because their opponents are Jews, but I'm sure it's something else.
BUTSeriously
February 12th, 2011 1:15am"mentally, philosophically, culturally and politically, they are still somewhere else, probally old Europe or America."
Europe was no holiday for Jews - they were forced into that continent. Then they were barred from returning at the helm of the Holocaust:
"We will never support the return of the Jews to their homeland because they rejected Jesus" - Pope not-so Pius.
Why invent new ways to blame the victims here?
BUTSeriously
February 12th, 2011 1:18amWhy do Christians rage about the climate and chase whaling ships, but remain silent of the Balfour's corruption? Why do Christians acount serial 2-states in the same land as a 2-state?
The pollution is not with the climate.
david singer
February 12th, 2011 4:37amTo Dr Michael Ward and Tilly
What should happen now?
I believe that direct negotiations between Israel and Jordan be undertaken to return the status quo of the West Bank and East Jerusalem to that which existed at 5 June 1967 - as far as is now possible given the lapse of 44 years and the events that have since occurred - and that sovereignty of the West Bank be allocated between Israel and Jordan accordingly.
Jordan occupied the West Bank and East Jerusalem between 1948-1967 and the world did not fall in.
The attempt to create a new Arab state between Israel and Jordan - where none ever existed in recorded history - has failed after 17 years of abysmal efforts to achieve that solution.
Jordan will not readily agree to such negotiations. There will need to be international pressure to bring Jordan to the negotiating table.
The Hashemite regime has done more for the Palestinian Arabs than any other Arab politician or Arab state having secured 78% of Mandated Palestine as an exclusively Arab state.
Offering it the opportunity of acquiring another 3-4% should not be missed.
Two peoples - the Jews and the Arabs - need two States not three in former Palestine.
Shimon
February 12th, 2011 7:44amWell known facts in our (M. East) region but not for you dear Brits, which are constantly lookong for a just solution only for the Palestinians. What about some justice for us?
Best Regards to all.
Danny Black
February 12th, 2011 9:55amMargaret, given most of the land in the mandate was public land and most of the rest was owned by a few wealthy families, it is pretty unlikely that hundreds of thousands of Palestianians who fled a war their side started have "deeds" to "their" land.
I am sure you are aware that the Palestinian leadership was neck-deep in the Holocaust - having spent most of the war in Berlin as guests of Hitler. I am sure you are also aware that the Palestinian leadership was the reason emigration to the Mandate was stopped at the Jews direst hour of need. So hard to see how you manage to whitewash their involvement. Also Europeans didn't "give" Israel anything. In fact the French and British armed and financed the armies Israel fought AGAINST in 1948. Maybe you are confusing them with the USSR?
Danny Black
February 12th, 2011 9:57amDeeJay, most of them returned from Arab and African countries. Not sure why those Jews would have European mentalities. The Jews who did have European mentalities were pretty much wiped out in the 40s, in what is called the Holocaust, you might have heard of it.
Paul
February 12th, 2011 11:45amAugustus "extent of the absentee Arab landlords, not to even mention the neglect
and poor quality of the land. As
one would expect, the Jews improved conditions immensely"
And exactly how does that justify stealing their land 1948 onwards (I have never been referring to immigrants who came before then to buy land and farm it)?
Do I have the right to come in at gunpoint anf throw you out of your house just because I would keep it tidier than you?
Paul
February 12th, 2011 11:51amAlex Bensky "Only the Palestinian Arabs, of all the peoples of the world, have some sort of "inalienable right of return.""
No there is another people. The Jews themselves of course feel they have the right to return 2000 years after their expulsion and take the land belonging to the people living their now
"It is the duty of Israeli leaders to explain to public opinion, clearly and courageously, a certain number of facts that are forgotten with time. The first of these is that there is no Zionism, colonialization, or Jewish State without the eviction of the Arabs and the expropriation of their lands." - Ariel Sharon
BUTSeriously
February 12th, 2011 1:14pm"Do I have the right to come in at gunpoint anf throw you out of your house just because I would keep it tidier than you?"
Israel was legally established via the UN, the wording included the 'UNIQUE HISTORICAL RIGHTS' of the Jews; if this is not accounted as sovereign state holder the UN and all laws become meaningless. No such status was given to anyone else. If one invents ways to negate Israel's rights - how about the 22 Islamic states which were not established via the UN, which never existed before and its disregarding of a host of non-muslims in Arabia - like the Copts, Kurds and over a million Jews living there for centuries? Jews have never occupied another peoples' land in all their 4000 year history, nor robbed the historical names of other peoples or dumped mosques in the known holy sites of other peoples. Israel is facing genocidal demands which are based on 100% known false notions. The triple-hank job for the Pretend Pals is a sham - its only the Jewish problem raising its head again.
wonderer
February 12th, 2011 3:27pm@ Paul February 12th, 2011 11:51am
You attribute a bellicose statement to Sharon. In a number of places on the web, including sites hostile to Israel, the same statement appears as a quotation from an article written in 1972 by Yoram bar Porath in Yediot Ahronot. Are you then saying that Sharon subsequently quoted these words with approval? If not, what is your justification for linking them with him?
Augustus
February 12th, 2011 4:32pmPaul - Do you have the right to
come into my house at gunpoint and turn me out? Probably not. But if you had been a member of a family subjected to the most horrible cold scientific persecution, reduced from affluence to ruin, and then, even in that position, denied the opportunity of earning your daily bread, your blood and race declared defiling and accursed, with every form of concentrated human wickedness cast upon you by vile tyranny,
I think I might at least perceive your hour of need.
Miranda Rose Smith
February 13th, 2011 11:32amOr is it one law for everyone but another altogether for the Jews?
Dear Ms. Phillips: You only just now figured that out?
Herzen
February 13th, 2011 11:41amAugustus
February 12th, 2011 4:32pm
"Paul - Do you have the right to
come into my house at gunpoint and turn me out? Probably not."
And with that you concede the point.
I suspect you will now demonstrate that you think discretion the better part of valour, and absent yourself, again.
Augustus
February 13th, 2011 2:42pmHerzen - Paul had stated, and has often done so, that the Zionists had stolen Arabs' lands. But in my opinion, in the years between Balfour and Israel's founding, the Arabs had had a very fair deal throughout the ME from those who were in a position to provide it: The British.
Herzen
February 13th, 2011 5:09pmAugustus
February 13th, 2011 2:42pm
Your notion that the Arabs across the Middle East got a fair deal from the British who double-crossed them is interesting. However, we are not talking about "the Arabs". We are talking specifically about the inhabitants of the territory the British called Palestine. It is a stretch to say that ethnic cleansing or "transfer" is less problematic than stealing. (The Zionists were not always comfortable describing their strategy, but many were comfortable with the term "transfer".)
AA
February 13th, 2011 6:02pmRESEARCH / DOCUMENTS: So-called “Palestinians” - The Truth about “Palestinian” Arabs, A.K.A. Arab immigrants’ children, grandchildren & the vastly vacant desolate land prior to the rise of Jewish return
http://israelpalestine101.blogspot.com/2011/01/truth-about-palestinian-arabs-aka-arab.html
kate b
February 14th, 2011 7:58pmHere's one answer that's trying to be covered over by the UN:
See Israel Matzav and the incredible disappearing website.
general
February 15th, 2011 3:15pmIt's all coming down so I really don't care. "They live" I love the ending.
Charles
February 15th, 2011 3:43pmTilly; Michael Ward.
I suspect quite a few people would be interested to know what MP's solution would be, particularly in view of the fact that she has studied and written about the issue and its history at some considerable length.
J D Bryan
February 24th, 2011 7:46pmPaul - I assume you mean the 1967 war was illegal. I am confused. Yes, this war was illegal. However it was Arab’s attack on Israel that was illegal (as before, in 1948 and after, in 1973).
As self defence is not illegal under International law. This seems to imply the Israel counter attack was illegal conditional on how the event panned out, by dint of success. Thus enabled the recapture of land earlier dispossessed through the illegal war of 1948.
Perhaps Israel should not have fought back against the invading Arab armies thus would not now be “illegal occupiers”.
Wetherspoon Three - Surely, there were no Arabs or Muslims in 3000 b.c. in this region or anywhere. As indeed, there were no British, French, Romans or Christians, etc. However, there were Jews. I make this, seemingly, banal point because presently many Muslims claim this land is historically Islamic and endorsed by so many in the west. Such a measure, legal residence based on who is truly aboriginal, would mean the Christians, let alone the Jews, have a better claim to the holy land than the Muslims.
Shimon - I would argue there are many in the west who understand and support the Israeli case. The problem is The Left who are more vocal than any friends of Israel. Propagates a narrative that holds at best, Israel should be admonished “that you should know better”, or given “friendly” advice, “You are not helping yourself!”, while at worst accused of being no better than the Nazis, “substantiated” through lies. A narrative that clouds out intellectual debate thus is anti-Israeli.
Tragically, it is getting worse. The latter is rapidly displacing the former. We are seeing anti-Israel propaganda morph into disguised and even undisguised anti-Semitism of the like fanatical Nazi’s would be proud.
This is no hyperbole.
I urge Israeli’s friends to speak up.