Friday, September 25, 2015

The RAF Bombing Campaign in Germany: Ethical and Strategic Considerations


The RAF Bombing Campaign in Germany: Ethical and Strategic Considerations

Conclusions

By the end of the war, Germany's "heart" had almost ceased to beat.   
General Erhard Milch, using the same metaphor, said after the war that the Bomber Command morale campaign   "inflicted grievous and bloody injuries upon us but the Americans stabbed us to the heart."
With a smaller force than Lindemann or Tizard had projected, Bomber Command had savaged so many cities by the Spring of 1945 that planners were running out of targets.  
But to what end had over 55,000 aircrew lost their lives, and what was gained by killing hundreds of thousands of German civilians?  
As we have seen, the closest Bomber Command or the Air Staff ever came to strategic analysis of the morale campaign was the series of memos by Trenchard, the Co's and others which purported to gauge the state of mind (and fortitude) of the German people.  Their character and tenacity under bombing was judged to be Germany's critical weakness, which if exploited would surely lead,   somehow, to surrender of the Reich.   
Britain chose a "strategy" which was never focused, flailing out at the softest targets Bomber Command could find, which endured the bombing on an ever increasing scale.  The workers, despite what Cherwell surmised, continued to man the factories which were for the most part on the peripheries of the large cities.
The means by which victory would take place - riots, revolt, decline in productivity - were never examined under close sociological or psychological scrutiny.  
Only Lord Cherwell's argument regarding the behavior of de-housed workers approached a reasoned (if completely speculative - he had misinterpreted data from Zuckerman's studies at Hull) argument for what Bomber Command could hope to achieve.   
Other than the Cherwell minute, there was no reasoned, utilitarian rationale for the area campaign and the deliberate killing ofGermany's urban residents.   
One can reasonably suggest that such a strategy can be justified as long as the results are not yet known and when other options have been exhausted: an experiment in terror is acceptable when the other criteria are met (just cause) and when the evidence indicates that the good end achieved will outweigh the harm done. 
(We should also remember Walzer's injunction of the "supreme emergency," although Britain's supreme emergency ended or at least became less severe when the Soviets entered the war.)  
Evidence gathered throughout the war made it clear even to MEW and the Air Staff that despite the routine terror attacks on German cities, production continued to rise. By 1943 MEW estimates showed that Bomber Command claims of Terraine has shown the following figures: for tank production, 760 per month in early 1943, 1229 per month in Dec '43, and 1669 in July 1944; for aircraft, Germany produced 15,288 in 1942, 25,094 in 1943 and 39,275 in 1944.  
The German economy, unlike in Britain, had remarkable slack and produced "guns and butter" for much of the war.  See also USSBS Over-all Report (European War) and USSBS, The Effects of Strategic Bombing on German Morale: v 1 70 having seriously disrupted German production were fiction. 
Bomber Command had preferred "intelligence" from dubious sources since the beginning of the Ruhr campaign that conformed to its own predilections.
Bomber Command slipped gradually but relentlessly toward a strategy of terror bombing from almost the beginning of the war.   After France fell and when Germany demonstrated its inability to deliver a knockout blow, Britain was free to develop the means to deliver her own.  The lessons of the GAF's failure - that bombing can weld people together as well as inure them to further suffering - never found their way into British planning (even though Churchill had recognized this, both in 1917 and in his memo to Portal).  
The limitations of a tactical air force employed in terror bombing did, however, drive Churchill to devote 1/3 of Britain's industrial resources to the production of strategic bombers.

Britain did not adopt terror bombing simply because it was the only activity which she could engage in with any success - the Admiralty constantly pressed for bombers to aid in the war against U-boats, and others in the military argued for diversion of bombers to North Africa and other theatres.  
The morale campaign was, however, the only strategic contribution Britain could make for several years, at least until the Americans could be brought in.   
Even after the entry of the US, the specter of a debacle on the continent against an enemy even Trenchard admitted was superior was always an implicit (and sometimes explicit) theme in British strategic thinking.   The result was that the area campaign became the real panacea.

Deluded by its own internal assessments of German morale, Harris and Bomber Command became driven by a loose, uncritical assumption that morale bombing would crush the German war machine by punishing the very people the Chiefs of Staff and the Air Staff said they wanted to influence - its workers.  This "strategy" was never admitted in public and never fully articulated internally.   It was ultimately found wanting but continued because Harris could not (and after the Spring of 1944 would not) switch to daylight precision raids.   

The other factor militating against participating in the oil campaign was Churchill's desire for a punitive campaign againstGermany as a whole. The morale campaign was thus a method without a clearly defined goal - the means employed became an end.   Beyond its vaguely Trenchardian means, Bomber Command never really had a strategic view until the disavowal of area bombing by the Air Staff in 1944 and the embrace of Spaatz's oil campaign.

If the strategy of Bomber Command was hard to detect, the ethical restraints against killing non-combatants never seemed to enter the equation at all - at least within the RAF.
Publicly, Sinclair invoked the rule of double effect to stave off "incorrigible" MP's, but the argument was insincere. 

Civilian deaths were not collateral, they were the central tenet of Bomber Command's "strategy."  Even here, Bomber Command could not come to terms with the consequences of breaking the jus in bello criterion against the slaughter of non-combatants.   
If they were not "innocents," but modern combatants in the "pre-fabricated battle," then a strictly punitive campaign could possibly have been justified, even in just war terms.   The internal argument, as far as it went, was however that the very people being bombed would revolt (recalling the panic in 1917-1918 London after a modest series of attacks by Gothabombers) and demand an end to the war. Panic and "internal collapse" would surely follow area bombing and in turn would mean defeat of the Nazis.
If there is scant evidence of ethical misgivings over the morale campaign within the RAF, and no evidence for a systematic analysis of the psychological effects of aerial bombardment,  the  situation  within  the  AAF  was  very  different.  
Schaffer has demonstrated convincingly that the "ethical" objections to area bombing by the RAF within USSTAF were often veiled political and pragmatic arguments.  Arnold and Spaatz are represented by the official AAF history as moral agents who made strategic decisions on both deontological and utilitarian grounds.   The American air chiefs were worried about the post-war world and how morale bombing would affect relations with the occupied Germans.   They were also, however, concerned with the domestic American perception of air power and the AAF's morally "clean" precision-bombing heritage. 
Spaatz, Arnold, and even Kuter and Lovett were prepared to use terror when it would make a difference in the surrender of the German state towards the end of the war.  

This as a more authentically utilitarian argument than had been formulated by Bomber Command and was similar in effect to USSBS findings after the war that gradual and steadily increasing bombing of towns and cities made almost no impact on morale of civilians.  In fact, morale tended to be slightly higher in those cities which were categorized as "heavily bombed" (i.e. 30,000 tons on average) than in those receiving a more moderate tonnage (6,000). Repeated bombings of the same city also resulted in diminishing returns.
True shock occurred in cities which were unmolested for long periods and suddenly received large-scale, savage blows, especially at night.  The result was not civilian riots or demands for German surrender, however. Lethargy, fear, other minor psychiatric
disorders and anxiety were far more common.  As the SBS pointed out, controls in a police state leave few avenues for protest and policy change.
While the AAF, in the internal critiques of Thunderclap and Clarion, had reached the conclusion that terror bombing was not likely to have the desired effects, the RAF chose to bomb in the dark, without critical examination of its first principle or a coherent strategy for its Air Marshals.  Throughout the war, the dialectic of morale bombing and victory was never subjected to any scrutiny in a formal way within the Air Staff or Bomber Command.

See USSBS Summary Report (European War), p 22; USSBS Over-all Report (European War), p 96 and USSBS The Effects of Strategic Bombing on German Morale: v 1 passim.  Unfortunately, the detailed effects of civilians under bombing are beyond the scope of this paper, apart from the broad lessons which were apparent to MEW, the Air Staff and the AAF during the war.  See also Janis.
USSBS Over-all Report, pp 96-9 

Thursday, September 17, 2015

The U.N. and the ICJ cannot create states, it can only recommend and so can other nations can only recommend - YJ Draiman


The U.N. and the ICJ cannot create states, it can only recommend and so can other nations can only recommend and not create a state that never existed before in history. If they want an Arab-Palestinian state, it already exists, it is Jordan which has taken 80% of Jewish allocated land.
In 1947, the UN Gen. Assembly passed Resolution 181 recommending the partition of
Palestine. (I stress recommend it is non-binding) This did not create the State of Israel. The General Assembly does not create countries, make laws, or alter the Mandates (Mandates were a big brother system for setting up independent countries to be led by its native populations, with historic national connections to the territories). The Partition plan, was merely a recommendation.
The resolution also violated Article 5 of the Mandate for
Palestine and therefore it also violated Article 80 of the UN Charter. It was therefore an illegal resolution.
What we call the State of Israel, along with her "legal" borders, was established in April 1920 with the San Remo Resolution of 1920 it adopted the 1917 Balfour Declaration which stated Israel to be reconstituted in Palestine the Historical Israel territory (not part of Palestine, otherwise it would of stated in part of Palestine) which terms are in affect in perpetuity. Only
Israel can amend the terms if they sign a treaty with its Arab neighbors and provided they adhere to the terms. Palestine was created by the Romans renaming Israel as Palestine and in the San Remo Conference of 1920 It was recreated as the reconstitution of the Jewish National Home. The UN Partition Plan in 1947 which is only a non-binding recommendation, was the result of a 1/4 century of illegal British policy (The English were a trustee for the Jewish people, but they violated that trust. the British wanted to control the Oil in the Middle East, for that they betrayed the Jewish people) that ripped internationally protected Jewish rights from the Jewish People, as the British allowed hundreds of thousands of Arabs to pour across the border from Syria and Egypt and other Arab countries into Palestine.
The Jewish State's reconstitution was a fact 25 years before the UN existed. The Mandate for Jewish Palestine was there to protect its survival, and it was abdicated by the British, not because the terms were completed, but because the British fled with their tails between their legs, and there was no
one there to administer the Mandate. But the terms of the 1920 San Remo Treaty and the 1919 Faisal Weizmann Agreement, have not been abrogated, it is applicable today and the future, only Israel has the right to modify the terms via another treaty with the Arabs,
Does anyone think that after the Ottoman Empire surrendered and relinquished its rights title and ownership to Palestine and other territories to the Allied powers after WWI. Then the Allied powers set up and established 21 Arab States consisting over 5 million sq. miles and one Jewish State of 75,000 sq. miles. The 21
Arab State do not want to relinquish or redraw its boundaries and Israel does not want to concede any of its original boundaries set up in 1920 which included all the Palestine Mandate. Non of the Palestinian Mandate was allocated to the Arabs in the 1920 San Remo Treaty which was confirmed by the Treaty of Sevres and Lausanne.
The U.N. and the other countries must take into account and address the expulsion of over a million Jewish families and their children from the Arab countries and the confiscation of personal assets, homes, businesses land owned by Jewish people in the Arab countries, totaling 120,400 sq. km. or 75,000 sq. miles (6 times the size of Israel) valued in the trillions of dollars.

The Jewish people resettled the million Jewish refugees and their children from the Arab countries with limited resources. It is about time the Arab countries who terrorized and expelled the million Jewish people and confiscated their land and all their assets, must stop the delusion that
Israel will go away. The Arab states should and must be obligated to settle the Arab-Palestinian refugees in their countries and or Jordan once and for all without compromising Israel and bring about peace and tranquility to the region.
Neither the U.N. nor any Country in the world has the authority to create a state or dissolve a state, (check the U.N. charter and international law.)

The Jews’ war of survival was not won when Hitler lost. It continues to this day, against enemies with more effective tools of mass murder at their disposal. And we’re easy to find now.

YJ Draiman

Friday, September 11, 2015

UN Did Not Create Israel - 1920 International Law and Treaties did reconstitute it - YJ Draiman


UN Did Not Create Israel - 1920 International Law and Treaties did reconstitute it

The UN under its Charter has no authority and cannot establish a country; it cannot supersede or modify international law and treaties.

The UN under its charter can only recommend its resolutions and if it is accepted by the parties and signed as an agreement by the parties, it is valid; otherwise said resolution has no validity and cannot be enforced.

History proves the Arabs have rejected outright all pertinent UN resolutions, thus, rendering said resolutions as invalid and unenforceable.  Even if the UN, other nations, or other entities and organizations put up flags and any other action for the fictitious Arab Palestinians, said flag-raising is meaningless.

The 1917 Balfour Declaration recognized the Indigenous and Legal rights of the Jewish people to their historical ancestral land of Israel (aka Palestine).  Thus, about 75,000 square miles was assigned to be the reconstituted Jewish National Home. It must be noted that said recognition of “Indigenous” rights was based upon the historical fact the Jewish people and had a continuous habitation of this land for over 4000 years.

In furtherance of the 1917 Balfour Declaration the Faisal Weizmann Agreement was signed and executed in London on January 3, 1919 which recognized Palestine as a Jewish territory.  This Agreement was the only time Arabs agreed to, and executed a legally binding document recognizing the land which belonged to the Jewish people. It must be noted since this “Agreement” was executed, no other legally binding agreement has ever been agreed to by the Arabs which supersedes this Agreement, or other treaties.  

In further support of the above facts and under International Law, treaties were signed and executed by the Supreme Allied Powers after WWI.  At this time Arab states were created in Mesopotamia, Syria, and Lebanon, etc., totaling 5 million square miles.  Most importantly, at the very same time Israel (aka Palestine) was assigned to the Jewish people as their Jewish National Home. 

After 1947 the Arab countries persecuted and expelled over a million Jewish families and confiscated all their assets including over 120,000 square km. of land, which is about 6 times the size of Israel.  Most of the million expelled Jewish families were resettled in Israel and now comprise over half the population of Israel

Ironically, with the immigration of so many expelled Jewish families, the increase in the population of Israel satisfied one of the  elements contained in the 1920 international treaty which incorporated the Balfour Declaration as international law (Israel's Magna Carta): Israel Jewish population had to be substantial enough in order to become self-governing.

The British as trustee for the Jewish people assumed the obligation and responsibility to enhance and promote the Jewish immigration thus, substantially increase the Jewish population and implement the Jewish Sovereign government of the historical reconstituted Jewish National home in Palestine.

After numerous Arab violent rioting incidents in Palestine, The British decided for their own economic interest to violate the trust, thus, violate the terms of the Mandate for Jewish Palestine and instead of promoting Jewish immigration it restricted Jewish immigration and prohibited Jews from buying properties in Israel.

Furthermore, The British under the auspices of the League of Nation and a Mandate for Jewish Palestine which violated international law and treaties, reallocated 78% of Jewish territory all the lad East of the Jordan River, as the New Arab State of Transjordan now named Jordan. Moreover, it instituted an apartheid rule and prohibited Jews from purchasing land or residing in Jordan.

When WWII was initially progressing many Jewish families were trying to escape Nazi Germany extermination camps. The British blocked their entry into Palestine and sent many of them back to Germany to be exterminated. These actions caused the deaths of millions of Jews.

In 1947 after embarrassing military loses in Palestine. The British decided to abdicate and terminate their obligation to the terms of the Mandate and notified the UN which took over for the League of Nations in 1946.

In view of the riots and violence in Palestine. The UN on its own and in violation of international law and treaties, voted and **recommended (I stress recommended only - non-binding, which must be accepted by all parties or it is meaningless, and the Arabs rejected it) to partition again the balance 22% of Jewish territory west of the Jordan River and reallocate the Western part west of the Jordan River, Judea and Samaria to the Arabs and the balance to the Jewish people up to the Mediterranean sea.

The Jewish Committee in Palestine, upon the notice that the British were deserting their fiduciary obligation to the term of the Mandate in Palestine and were leaving Palestine, were forced to make a crucial decision, to declare Israel's Independence with only about 600,000 Jews in Palestine.

The Jewish committee in Palestine waited until the UN vote recognizing Israel and declared its official independence on May 14, 1948. The declaration of independence of Israel would have occurred even if the UN did not recognize Israel.
The Jewish committee in Palestine-Israel adhering to international law and treaties post WWI by the Supreme Allied Powers allocating Palestine for the National Jewish State was legally instituted in 1920 and a year prior to that agreed to by the Faisal Weizmann agreement executed in London on January 3, 1919.       


**RECOMMENDATION - a non-binding suggestion or proposal as to the best course of action, especially one put forward by an authoritative body.
"the committee put forward forty recommendations for change"

synonyms:

The Arab-Israeli Conflict


The Arab-Israeli Conflict
The following article was first published on March 18, 1988. Every word is still relevant today. Written in response to the anti-Israel environment that plagued North American campuses and terrorized Jewish students there during the Intifada Arab riots starting in December 1987. This article was published in over 200 North American universities, including Harvard, Stanford and Yale. Permission is granted to reprint this article in any publication.
The normal reaction to televised images of soldiers manhandling demonstrators is to regard the soldiers as brutal and the rioters as heroic. The trouble with much of the thinking about the Arab-Israeli conflict today is that it relies on television as a source of information. Simplistic and superficial, the coverage views the present situation out of the context of history.
Prior to 1918, Arabia was ruled by the Turks in the Ottoman Empire. The Arabs were a disenfranchised people living side by side with many minorities including Armenians, Kurds, Jews, Circassians and Druzes. Jews had been living in the Middle East long before the Romans destroyed their Second Temple in 70 AD, and at all times there was a Jewish community living in what remained for them the Land of Israel.
During WWI influential Arab leaders were promised independence by the Allies if they rose up against their Turkish overlords. The Allies carried out their promises to the Arabs, and the Ottoman Empire was eventually carved up into separate sovereign Arab states, The British also issued the Balfour Declaration in 1917, which promised the Jews a national home in Palestine.
World War I treaties gave Britain the area known as Palestine on condition that they hold it in trust - as a Mandate - for the Jewish homeland. But instead of implementing the Balfour Declaration as promised, Britain partitioned Palestine in 1922 and created Transjordan, which was later to become the independent State of Jordan. Thus, 76 per cent of the Jewish National Home in Palestine was allocated as an autonomous area to the Arabs of Palestine. The British government then committed itself to a policy that severely limited Jewish immigration to Palestine. Even as the Jews tried frantically to escape the holocaust in Europe, the British kept the gates of Palestine closed. The Jews soon found that they had to fight quota certificate by certificate, for the right to come and populate their homeland.
On February 1947, Britain decided to refer the entire problem to the United Nations. The General Assembly appointed a special commission on Palestine which proposed the partition of the remaining area of Palestine into Arab and Jewish states with an international trusteeship for Jerusalem. The United Nations General Assembly accepted this, and it was finally voted as the Partition Resolution of 29 November 1947. While the Jewish population welcomed it, the Arab states rejected it and vowed to destroy any emerging Jewish state.
The State of Israel was born on 14 May 1948, as the British finally left the country. The Arabs and other minorities in Israel became Israeli citizens, and were given the same status in law as Jewish Israelis. Because of the Arab rejection, the Palestinian Arab state was aborted. Six Arab armies (Egypt, Syria, Transjordan, Saudi Arabia, Lebanon and Iraq) immediately invaded Israel, but failed in their attempt to destroy the nascent state.
Between February and July 1949, Israel signed armistice agreements with Egypt, Lebanon, Jordan and Syria. Thus the State of Israel was established within borders constituted by the lines agreed upon in these agreements. The Gaza Strip remained in the hands of the Egyptians, while the West Bank, and most of Jerusalem, remained under Jordanian occupation.
Two large refugee problems were created as a result of the Arab-Israeli conflict each encompassing approximately 800,000 persons. A Palestinian Arab refugee problem and a Jewish refugee problem, the latter created when the Jewish populations in Arab countries were exiled from their countries.

It is sobering to reflect that the Arab oil revenue generated in one day even in 1949, would have sufficed to solve the entire Arab refugee problem. But this was not to be.
The Jewish people and the State of Israel solved the Jewish refugee problem rapidly and reestablished the Jewish refugees, primarily in Israel. But the Arab governments chose to perpetuate the Arab refugee problem, to use the Arab refugees as political pawns over the years, and to allow generations to be born and to grow up in miserable refugee camps in the Middle East supported by international charity. It is sobering to reflect that the Arab oil revenue generated in one day even in 1949, would have sufficed to solve the entire Arab refugee problem. But this was not to be.
In 1949, the representatives of the Palestinian Arab refugees attempted to bring their case-before the Palestinian Conciliation Commission, meeting in Lausanne, and sought a compromise with Israel, but their action was disowned by the Arab governments.
On numerous occasions, Ben-Gurion offered to meet the Arab leadership (as indeed did all future Israeli prime ministers) in order to work out a compromise, but until President Sadat's historic trip to Jerusalem in November 1977 no Arab leader was prepared to take such a step. The core of the problem became, and remained, the refusal of the Arab states to recognize the right of the Jewish State to exist.

Jordan was in control of the West Bank and Egypt was in control of Gaza. Had they so desired, they could have established a Palestinian state in these areas.
Within months of the signing of the 1949 armistice agreements, border incursions, raids, economic warfare, and other violations against Israel became the order of the day. In 1964, an Arab Summit Conference in Cairo attended by the heads of state decided as a matter of policy to set up the Palestine Liberation Organization. In 1965, the PLO was formally established at a Conference in Jerusalem, and the Palestine Covenant which became the political basis for the movement, was enunciated. At the time, Jordan was in control of the West Bank and Egypt was in control of Gaza had they so desired, they could have established a Palestinian state in these areas. However, this was not to their purpose, nor was it to the purpose of the PLO, which was unwilling to accept any compromise in regard to those sections of the Palestine Covenant calling for the destruction of the State of Israel.
In May 1967 the Arab states, led by Egypt, again plunged the Middle East into crisis. In a speech on 26 May, President Nasser of Egypt told the Arab Trade Union Congress that this time it was their intention to destroy Israel. In coordination with Egypt, Syria prepared to attack Israel from the Northeast Jordan joined the alliance on may 30, and Iraq on June 4. Contingents were dispatched from Algeria, Morroco, Saudi Arabia and Kuwait to join in the assault. The world looked on at what was believed by many to be the impending destruction of Israel. But no international action was taken. Every effort was made by the Soviet and Arab delegates to the United Nations to pre-empt any effort that might be made by the West to intervene and obstruct the Arab plans. Israel, it seemed, was on her own.
On the morning of June 5, 1967, the battle began and, after six days of intensive fighting, the Israelis emerged victorious. Following the Six-Day War, Israel hoped that the Arab states would finally recognize the reality of its existence and enter into peace negotiations. Israel signaled to the Arab states its willingness to relinquish virtually all of the territories captured during the battle in exchange for a genuine peace. But these hopes were dashed when the Arab Summit Conference at Khartoum on September 1967 passed the �three noes� resolution � �no peace with Israel, no negotiations with Israel, no recognition of Israel�"

Israel signaled to the Arab states its willingness to relinquish virtually all of the territories captured during the battle, in 1967, in exchange for a genuine peace.
In 1970, after failing in its attempt to take control of Jordan, the PLO moved its base of operations from Jordan to Lebanon. In 1975 civil war broke out in Lebanon, which bordered Israel, to the north. The chaotic situation in war torn Lebanon enabled the PLO to use Lebanon territory as a jumping-off ground for terrorist attacks against the Israeli population. Since the early 1950's, Israel has been subjected at various periods to terrorist attacks from across the borders, and has invariably reacted in reprisal raids. In 1968, the Palestine Liberation Organization launched its first attack against Israel overseas, by hijacking an El Al airliner flying from Rome to Tel-Aviv and diverting it to Algeria. .
The policy adopted by Israel from the outset rejected any form of compromise with terrorism, and was designed to stamp it out wherever it might appear. At a conference on international terrorism in 1976, Shimon Peres, who is now (1988) the head of the Israeli Labor Party, enunciated Israeli policy. He emphasized that there should never be surrender to terrorism, and terrorism should be fought in both the operational field and the psychological field.
Peres said, �The tendency of terrorist groups to bedeck themselves with titles such as the 'Red Army' or the 'Liberation Organization' should not beguile us or our often bewitched media... Terrorist groups should be described in their true colors - groups which are impatient with democracy, which are undisciplined, corrupt in their attitude to life, and unable to free themselves from the domination of murder and hatred.� He pointed out that terror has become international and must be fought internationally. The terrorists consider most free nations and peoples as their enemies; countermeasures must therefore be internationally coordinated.

�Peace for us means the destruction of Israel.�
During an interview in 1980, Yasser Arafat, the Chairman of the PLO, explained his organization's point of view. As he put it, �Peace for us means the destruction of Israel.� The inherent inflexibility of the PLO precludes any meaningful role on the part of this organization in achieving a peaceful solution to the Israeli-Arab conflict. Developments between Israel and the Arab world will be decided by Israel and sovereign Arab states such as Egypt, Syria or Jordan. The problem of the Palestinian refugees will be solved as soon as the 40 year old war comes to a peaceful conclusion.
Arabs and Jews, however, are but two of the elements at work in the political arena of the Middle East. Gradually, the world superpower rivalry spilled over into the Middle East and came to military expression on the battlefields of the area. Parallel to a policy of maintaining Israel's defensive capability in the face of the growth of Soviet military supplies to Arab countries such as Syria, the US efforts are directed to a political solution by means of negotiations on the basis of UN Security Council Resolution 242, which was adopted on 22 November 1967. This resolution called for �withdrawal of Israeli armed forces from territories occupied in the recent conflict" as well as the right of "every State in the area� to live in peace within secure and recognized boundaries free from threats or acts of force.� United States direct involvement led to the Camp David peace accords signed on September 1978, and to the signing of the Israel-Egypt Peace Treaty on March 1979.
The Arab countries are convulsed today by the impact of the twentieth century on medieval societies that have achieved untold wealth almost overnight. The Middle East is the scene of strife, revolution and unrest. Islamic fundamentalism dominates and seeks to subvert and overthrow many regimes. Added to this unrest is the military technology acquired by oil wealth. The outlook is both sobering and alarming.
The Arab-Israeli conflict must be viewed against a background that encompasses a political, historical and human point of view.

"The fact that there are these refugees is the direct consequence of the act of the Arab states."
Emile Ghoury, Secretary of the Palestine Arab Higher Committee, said on September 6, 1948, in an interview with the Beirut Telegraph: "The fact that there are these refugees is the direct consequence of the act of the Arab states in opposing partition and the Jewish state. The Arab states agreed upon this policy unanimously, and they must share in the solution of the problem."
The dilemma is acute, and it is small comfort to those watching the recent developments to know that it is mainly the result of the Arab states refusal to recognize the right of the Jewish State to exist. But, unless yesterday is understood, the anguish of today is distorted and the peace is put off indefinitely. Peace, which in the end must mean recognition of Israeli security and recognition of the rights of the Palestinian refugees, is possible. The only way to move on is to face the reality and lessons of the past.

International Law and Israel - Draiman


International Law and Israel

Anti-Israel activists regularly accuse Israel of being in defiance of one or another articles of what they call "International Law." These people are not lawyers but believe they know what they are talking about; and their claims are reported and believed.
Jaques Gautier pictured with his document covering all the legal arguments about Israel under International Law.Jaques Gauthier is a lawyer and has specialised in studying all the actual International Law that applies to Israel and the territory it holds.
This he has carefully collected into a large volume that proves Israel is not in violation of International law, as he explained to the audience at the ICEJ Feast of Tabernacles in September 2010.
CD available from ICEJ Resources.
On the same subject, Roy Thurley has given a presentation entitled, "ISRAEL: THE TWICE PROMISED LAND" talk with PowerPoint slides and this is available from CFI-UK and Hatikvah.
The issues are summarised in a video below.
The issue is largely a matter of ownership of the Land.
Jaques Gautier pictured with his document weighing 10 pounds and running to 1400 pages.
Many arguments depend on an accurate version of History and Geography.
This web page is based on the C.D. of the address plus screen shots of documents referred to.
Also highly recommended is the article "According to International Law: Is Israel Illegal?" by Shira Sorko Ram. This article will be available long term in the archive of Maoz Israel website – look always for the Maoz Report, then go to archive. You are welcome to use the article for educational purposes.

Courts of nations don’t use the language of scripture. We know what scripture says but to withstand arguments about "International Law" we have to listen to Politics and Law.

Who has title to Jerusalem?

We must deal with the Old City.
Positions of claimants
Israel - West and East Jerusalem and Old City
Arabs - East Jerusalem and Old City
(or they may speak of East Jerusalem or Arab Jerusalem – (but they are including the Old City))
We are making the point that Jews are there not as settlers but of right under International law. We are not talking pragmatics or negotiations. The argument is over who has title.
East Jerusalem's Jewish neighbourhoods have become “illegal settlements” because USA wants East Jerusalem to be the capital of a new Palestinian state. They are working backwards from a desired outcome.
Important distinction
“The West Bank is occupied territory” is accurate. “The West Bank is occupied Palestinian territory” is not accurate.
It is important to accept this fact about “occupation”. In a state of war, occupation is a legal term but it has been made negative and nasty. West Bank was occupied by the British until the treaty of Lusanne was signed. (from taking over until legal determination of status.)
The West Bank is occupied Jewish territory.
The UN can make Resolutions etc, but it can not change legal status.
Look at a map of the boundaries in 1967 and you will see the “Green Line”. The Green Line is not sacred; it is an armistice line - where fighting stopped.
GENERAL ARMISTICE AGREEMENT BETWEEN ISRAEL AND JORDAN - APRIL 3, 1949
2. It is also recognized that no provision of this agreement shall in any way prejudice the rights, claims and positions of either party hereto in the ultimate peaceful settlement of the Palestine question, the provision of the Agreement being dedicated exclusively by the military considerations.
The legal basis is Article 2 of the Agreement between Israel and Jordan – it specifies there is no provision to prejudice the claims of either party. It is only relevant to war and where they stopped fighting. Look at the map to see what would be Jewish if the Green Line was used to delineate a Jewish state; Jerusalem would be completely cut off and surrounded.
1988 Jordan abandoned claims
1949 Jordan annexed the West Bank as “belligerent occupants”
Looking at maps down through the centuries reveals hardly any change until the early 20 th century when some buildings appear outside the walls.
Anyone who claims there never was a Temple should look to the Romans – pictured on Titus’ Arch.

Key events in History

To Jewish People, before there was a Jewish State there was Zionism – asking for recognition of the Jewish people and, ultimately a Jewish State.
A JEWISH PALESTINE: THE JEWISH CASE FOR A BRITISH TRUSTEESHIP BY H SACHER - 1919
4) The Peace Conference may decree that some one power be the mandatory of the humanity for supervising the rise of a Jewish Palestine.
That single mandatory may be either Great Britain or some other power.
If we Jews ask that Great Britain be appointed the trustee for a Jewish Palestine, that is a demand which the Peace Conference would find irresistable and that is a title which could not be impeached.
Selection by the Jewish people alone can be given the indispensible moral sanction to a trustee for a Jewish Palestine.
As we understand the matter, the British Govenment has no desire to establish sovereignty over Palestine in any imperialistic spirit or for any imperialistic purposes.
But it is ready to assume at the request of the Jewish people, and with the authority of the Peace Conference, the high mission of trustee to watch over and aid in the establishment of a Jewish Palestine.

CONDITIONS INCLUDED IN THE ZIONIST ORGANIZATION CLAIMS
1 The contracting parties shall recognize the historic title of the Jewish people to Palestine and the right of the Jews to reconstitute their National Home in Palestine.
. The fonteirs of Palestine shall be as those indicated in the exposure annexed hereto.
. The sovereignty of Palestine shall be vested in the League of Nations, and Government will be entrusted to Great Britain acting as mandatory of the League.
. The Mandate shall be subject to these considerations.
Palestine must be given to political, administrative and economic conditions that will ensure the establishment of the Jewish National Home and ultimately render possible the creation of an autonoumous "Commonwealth". It is clearly understood that nothing must be done that might prejudice the civil and religious rights of the non-Jewish communities at present established in Palestine, nor the rights and political status enjoyed by Jews in other countries".
This is not a matter of scripture – it is a matter of justice – not to take away from Jewish people what they have been given. The objective is to show what was given.
Basel – strategy for a Jewish State. Weisman took over from Herzl
Balfour Declaration – was the pledge of the war government of Lloyd George – It was binding on Britain but not on any other nations. Don’t claim too much for the Balfour Declaration or our claims will fall when it is shown to be not binding.
Turning point (in law) came in the Paris Peace Conference at the Quai D’Orsay.
Parties claimed their territorial rights – Jews under Wiezman and Arabs under Faisal.
They were in agreement that the two movements complete one another – the Jewish movement is national; not imperialist. There is room for us both.
The Arabs want a large independent state; not a group of little ones. Realising they were asking so much they needed the support of the Zionists.
There was no Palestinian delegation – no Palestinian people – only Arabs. (never united – warring tribes and clans)
The Allied Powers were meeting to decide the states that would exist after the war. Five men – Wilson -USA, Lloyd George - Britain, Orlando - Italy, Clemenceau - France, and Japan. 1919
Jews needed a nation to support them until a state could be set up – until sufficient immigration had taken place.
As in a court, parties brought statements of claim. Until a claim is accepted by a group that has the power of disposition, you have nothing.
This body had that power and the Jews were asking to reconstitute their state based on historic title. Asking to be recognized as a people and then asking for Jerusalem and Israel to be recognized.
ARTICLE 22 OF THE COVENANT OF THE LEAGUE OF NATIONS
To those colonies and territories which as a consequence of the later war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by people not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilisation and that securities for the performance of this trust should be embodied in this Covenant.
The best method of giving practical effect to this principle is that the tutelage of such peoples should be entrusted to advanced nations who by reason of their resources their experience or their geographical position can best undertake this responsibility, and who are willing to accept it, and that this tutelage should be exercised by them as Mandatories on behalf of the League.
In Article 22 of the League of Nations we see the principle of sacred trustee nations to take over for somebody else the territory left over from war.
The Sacred Trust of Civilisation is still in effect and binding; it still calls on nations to look after the Jewish people.
Treaty of Neuilly - 1919
At Neuliiy-sur-Seinne, 27 November 1919 US, Britain, France, Italy, Japan were the powers. that drew up the arrangements for settling borders in Europe following the War. In this section they dealt with Bulgaria.
TREATY OF NEUILLY
Treaty of peace between the Allied and Associated Powers and Bulgaria and Protocol and Declaration signed at Neuliiy-sur-Seinne, 27 November 1919.
TREATY OF NEUILLY AND PROTOCOLS, THE UNITED STATES OF AMERICA, THE BRITISH EMPIRE, FRANCE, ITALY AND JAPAN.
These Powers consulting with the Principle Treaty as the principle ......

BELGIUM, CHINA, CUBA, GREECE, THE HEDJAZ, POLAND, PORTUGAL, ROUMANIA, THE SERBO-CROAT-SLOVENE STATE, SIAM AND CZECHO-SLOVAKIA.
These Powers constituting with the Principle Powers mentioned above, the Allied and Associated Powers.
SECTION III
THRACE
ARTICLE 48
Bulgaria renounces in favour of the Principle Allied and Associated Powers all rights and title under the ...... in Thrace which belonged to the Bulgarian Monarchy and which, being situated outside the new fronteirs of Bulgaria as described in Article 27 ??? Part ii (Fronteirs of Bulgaria have not been at present assigned to any state.
Bulgaria undertakes to accept the settlelemt made by the Principlal Allied and Associated Powers in regard to these territories, particularly in so far as the concerns the nationality of the inhabitants.
The Principal Allied and Associated Powers undertake to ensure the economic outlets of Bulgaria to the Aegean Sea.
In Article 48 we see Bulgaria conveying all rights and the rights go to the Principal Allied Powers.
The Jews left Paris without any decision having been made. The conference was to reconven to deliberate, having heard the Zionist and Arab cases.
1920 The process reconvened on April 25, 1920,at VILLA DeVACHAN, San Remo where decisions were made. There followed the Treaty of Serves (10 August 1920) that was the peace treaty between the Ottoman Empire and Allies at the end of World War I.
MEETING MINUTES OF THE SUPREME COUNCIL OF THE PRINCIPAL ALLIED POWERS, SAN REMO AT THE VILLA DeVACHAN, APRIL 25, 1920
"The high contracting parties agree to entrust by application of the provisions of article 22, the administration of Palestine, within such boundaries as may be determined by the Principal Allied Powers, to a mandatory, to be selected by said Powers.
The Mandatory will be responsible for putting into effect the declaration originally made on the 8th [2nd] November, 1917, by the British Government, and adopted by the other Allied Powers, in favour of the establishment in Palestine of a national home for the Jewish people, 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 the Jews in any other country."
Arabs were given territory – Mesopotamia to become Iraq, Syria and Lebanon. Four Mandates were established; British Mandate for Mesopotamia - creating Iraq, French Mandate for Lebanon, French Mandate for Syria and British Mandate for Palestine. The first three appear to have been forgotten!
Map showing the territory mandated by the League of Nations at San Remo. The map shows the British, French and Russian mandates from which several modern states were created, including Israel, from the old Ottoman Empire after WW1.
San Remo map showing the mandates from which modern states were created, including Israel.
Jews were to be provided for by honouring the commitments of the Balfour Declaration. (it was not previously a document with legal status but this decision made it legal)
San Remo has become undervalued, but Weizman rated it to be the most important thing since the Exiles.
Presumably the same conditions about the rights of other faiths within the land were applied to the other mandates [ French & British] for Arab nations – but these nations did not honour them and dispossessed the Jews and expelled them.
Israel did not expel Arabs (as is often claimed) – Arab leaders ordered their people out (1948) before attacking Israel to destroy the new state.
THE INTERNATIONAL LAW IMPLICATIONS OF THE SAN REMO DECISIONS PERTAINING TO PALESTINE
Chaim Weitzman, who was in San Remo believed that the decisions of the Supreme Council in San Remo had introduced rights under international law for the Jewish people:
The San Remo decision has come. That recognition of our rights in Palestine is embodied in the Treaty with Turkey. (Treaty of Sevres), and has become part of International Law, this is the most momentous political event in the whole history of our movement (Zionist movement), and, it is perhaps, no exaggeration to say in the whole history of our people since the Exiles.
As a result of the declaration of the Supreme Council in San Remo, the claim of the Zionist Organisation which, prior to the Conference, was a non-legal claim (essentially an historic claim), evolved into a legal claim which was consolidated later by the approval of the Mandate of Palestine by the Council of the League of Nations.
1921 Churchill agreed to partition Palestine and give 72% to Arab, Hashemites. (Transjordan)
Today the Jews are fighting to retain their 28%, but the leaders of Jordan agreed to the deal; The Arab part of the deal was to support the creation of the Jewish state in West Palestine.
Nothing since San Remo has taken away the rights and responsibilities decided there.
ARTICLE 2 OF THE MANDATE FOR PALESTINE
"The Mandatory shall be responsible for placing the country under such political, administrative and economic conditions as will secure the establishment of the Jewish national home, as laid down in the preamble, and the development of self-governing institutions, and also for safeguarding the civil and religious rights of all the inhabitants of Palestine, irrespective of race or religion".
1924 - The dissolution of the League of Nations did not change anything since it was only there to supervise rights already given.
When the United Nations was set up, its Charter (signed by all the nations), in Article 80, specified, “Nothing in any manner is to change the rights already given to any peoples.”
1947 – the Resolution of the General Assembly – the Partition Plan - was not binding. It was accepted by the Jews but rejected by the Arabs. Had both sides accepted it in a treaty it would have become a legal position.
1950, 1955 and 1966 decisions by the International Court of Justice made it clear that the dissolution of the League of Nations did not take away from rights given under these Mandates.
The Jewish people have never renounced their rights to the Old City or any part of Jerusalem; never abandoned title or sovereignty.
Present day politicians are opposing the title of Israel by going against these requirements in terms like the Principle of Self Determination. But you can not retroactively apply legal principles.
Jews have the LEGAL right to remain in Mandated Territory.
Jews have the right to give up what is theirs but they cannot be pushed out.
Nations have renaged on obligations they embraced under the League of Nations in 1922.

The above could allow one to think that the Arabs had the land given away from under their feet by a club of nations. This is also a false view since the land was purchased at inflated prices by the Zionists. See Did the Jews Steal the Land from the Arabs?
These arguments are summed up in this excellent video.

Looking at it another way

Professor, Judge Schwebel, former president of the International Court of Justice in the Hague   writing in What Weight to Conquest [1994]:
No legal right shall spring from a wrong and Palestinian Arabs illegal aggression against the territorial integrity and political independence of Israel, cannot and should not be rewarded.
International law make it clear: All of Israel's wars with its Arab neighbors were in self-defence.
(a) a state [Israel] acting in lawful exercise of its right of self-defense may seize and occupy foreign territory as long as such seizure and occupation are necessary to its self-defense;
(b) as a condition of its withdrawal from such territory, that State may require the institution of security measures reasonably designed to ensure that that territory shall not again be used to mount a threat or use of force against it of such a nature as to justify exercise of self-defense;
(c) Where the prior holder of territory had seized that territory unlawfully [Jordan], the state which subsequently takes that territory in the lawful exercise of self-defense [Israel] has, against that prior holder, better title.
"As between Israel, acting defensively in 1948 and 1967, on the one hand, and her Arab neighbors, acting aggressively, in 1948 and 1967, on the other, Israel has the better title in the territory of what was Palestine, including the whole of Jerusalem.
To view this article on the original page, please click here.

 

International Law on supporting terrorists

Concerning the Palestinian demand for Israel to free terrorists, and the US support for this demand.
Binding UN Security Council resolution 1373 requires all states to “Deny safe haven to those who finance, plan, support, or commit terrorist acts, or provide safe havens.”
So by sheltering terrorists the Palestinian Authority stands in breach of binding international law. And by supporting the PA ’s sheltering of those terrorists, by coercing Israel into releasing them, the US has placed itself in a deeply problematic position in relation to international law. It has also forced Israel into a deeply problematic position by bowing to the US demand to release them.
PMW regularly reports stories such as this
As the US pledged $148 million to the PA,  the PA pledged $15 million to released prisoners
PA Dignified Life Grant, primarily to freed terrorists, will be "15 million American dollars" in 2013 but is conditioned on "availability of funds"

The Middle East since the beginning of the 20th century - Draiman


The Middle East since the beginning of the 20th century

Constructed from the ruins of the Ottoman Empire after the First World War, the map of contemporary Arab states in the Middle East resulted from the Great Game played out by the European powers during the 19th century. Victim of international ambitions, but unable to define objectives for its future, the Middle East became vulnerable to conflicts due to its internal difficulties.
History of the Middle East since the beginning of the 20th century: Ottoman Empire – European interference – French and British mandates – independence of Arab countries – creation of the State of Israel – wars in Lebanon and Iraq

The Middle East at the Beginning of the 20th Century

The Arab Middle East caught between Ottoman domination and interference from European powers

Egypt after Napoleon’s Expedition

Following Napoleon’s expedition to Egypt, the country’s leaders sought to introduce modernization and emancipation from Istanbul but, faced with financial difficulties, gradually came under British domination.

The Ottoman Empire: Expansion and Retreat

The major phases of the Ottoman Empire’s territorial expansion until it was dismantled in 1918-2000.

The First World War and the Treaties, 1914-1920

The First World War led to the demise of the Ottoman Empire. Despite promises from the European powers, Arab nationalists did not succeed in creating an all-encompassing Arab kingdom.

The Sykes-Picot Agreement

Negotiations between France and Great Britain led to the definition of their zones of influence in the Middle East.

France and Great Britain in the Middle East 1920-1945

England and France were given Mandates for the administration of the Middle East by the League of Nations. Their attempts to establish a permanent role in the region were thwarted by Arab nationalism, which, though poorly defined, was nonetheless very active.

British Mandate for Palestine

Under the British Mandate for Palestine, relations between Arabs and Jews deteriorated.

Creation of the Kingdom of Saudi Arabia by Ibn Saud

The young Wahhabite prince Ibn Saud managed to reestablish the kingdom of his ancestors and create Saudi Arabia by taking advantage of Britain’s withdrawal from the region.

Creation of Great Lebanon

Keen to retain the autonomy they had won from the Ottomans, Lebanese nationalists persuaded the Allies at the Congress of Versailles to create a state centred on Mount Lebanon’s Christian community.

Arab Plans for Unity: “Greater Syria” and the “Fertile Crescent”

At the forefront of nationalism in the Middle East between the two wars, the Arab Union declined because of conflicts over its future.

The Middle East from 1945 to the Present Day

At the end of the Second World War, the region’s states finally obtained independence. But the creation of the State of Israel and the failure of attempts to create Arab unity left the Middle East deeply divided.

Failure of the Partition Plan

Partition of Palestine, proposed by the UN, was immediately rejected by the Palestinians and neighbouring Arab States.

Continuation of the Israeli-Arab Conflict

Failure of the Partition Plan for Palestine led to a long series of conflicts between Israel and neighbouring Arab States.

Continuation of the Israeli-Palestinian Conflict

After the creation of Israel, Palestinians became increasingly disappointed by the Arab States ambitions for hegemony and began fighting, using their own weapons, for recognition of their people and their right to their own State.

The Colonies

After the 1967 Six-Day War, the Jewish State began colonizing some of the territories it occupied in Palestine, in order to guarantee its security and later deliberately to render impossible any attempt to make territorial concessions to the Palestinians.

The Arab Cold War

Imitating the Cold War situation opposing East and West, the Middle East was divided between progressive and conservative factions until 1973.

War in the Lebanon 1975-1989

Between 1975 and 1992, the Lebanon, with a political regime based on a fragile alliance of communities, was the battleground for various factions fighting for their place in Lebanon’s future and for players in regional and international geopolitics.

War in Iraq 1980-2003

In 1980, following the Iranian Shiite Revolution, Iraq attacked Iran. Although weakened by this war, it invaded the rich Sultanate of Kuwait, in defiance of the international community, and had to face the new world order defined by the United States.

Oil in the Middle East

The discovery of oil in the Middle East in the early 20th century greatly strengthened the region’s political and financial bargaining power after 1945.