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Tuesday, December 3, 2013

Arabs' Attempt in Reviving the Dead 181 Partition Resolution

Nadene Goldfoot                                                                         

World War I was fought from 1914 to 1917 with the Ottoman Empire losing and the West winning which resulted in Palestine being taken over by the Western Powers in which Britain held the mandate from 1917 to May 14, 1948  to create a Jewish Homeland.  This was decided through the Balfour Declaration and the League of Nations.  The League of Nations died because they were breaking their own rules. It was started January 1918 by the USA and ended 12 April 1946.  It wasn't able to prevent WWII.   It changed over to become the United Nations on June 26, 1945 and in 1947 Britain put the matter of Palestine into their hands.  The UN Commission RECOMMENDED partitioning what was left out of the original Mandate into 2 new states; one Jewish and one Arab with Jerusalem to be an international zone belonging to neither.
David Lloyd George, British Prime Minister, said that the Balfour Declaration implied that the whole of Palestine, including Transjordan, should become a Jewish state, but in 1922 it had been taken illegally by the Hashemite ruler, Abdullah which was later called Jordan.  During all the attack on Israel after declaring itself a state, Jordan had invaded and annexed it illegally.  The UN did not call them on it.  That was one state created out of the Jewish Homeland already.   Abdullah had taken 77% -80% of the landmass of the original Mandate for the Jews.  He set up an Arab Kingdom.

 There are already 57 Muslim majority countries in the world and 22 of them are right in the Middle East: Egypt, Jordan, Iraq, Syria, Lebanon, Saudi Arabia, Turkey, Iran, Afghanistan, Pakistan, Turkey, Sudan, Algeria, Morocco, Yemen, Libya, Kuwait, Oman,  Bahrain, Qatar, Tunisia, United Arab Emirates.  Now Arabs living in the land and others who came in looking for work are calling themselves Palestinian Arabs.  Jews who lived there were called Palestinian Jews.  The Arabs want to create a state and call it Palestine but they have been refusing every offer made since 1947.

17,000,000 Arabs live on 1,290,000 square miles while Palestine, after losing the 76% of land to Transjordan has been decimated to having only 8,000 square miles.  In 1967 Israel picked up what Jordan had taken of Samaria, Judah, East Jerusalem and Golan through winning against a gigantic Arab attack.  The proposals would have taken the 10,000 square miles they had and reduced it by 1/2 for Palestine to be carved out of it.  UNSCOP wanted to eliminate the Western Galilee from the Jewish state which would have meant taking Safed, my city which had been Jewish since time memorial.  It was the center of Kabballah.

In 1947 talk was If another state is to taken out of the remainder of the Jewish state, the Jews would be getting only 1/8th of their original promised Homeland.  Originally, their Israel and Judah had covered more space than this original allotted Jewish Homeland  including Trans Jordan was to be, but the Jews accepted the deal  called Resolution 181 or the Partition Plan and the Arabs refused.  this was a non-binding RECOMMENDATION  WHOSE IMPLEMENTATION HUNG ON ACCEPTANCE BY BOTH PARTIES.  Not only did the Arabs refuse but they threatened bloodshed if the UN adopted the Resolution.  This scared Britain since the Arabs proposed to attack and impede its work in every possible way.    This means that Resolution 181 was rejected by the Arab world.   Not only that, but it was the last straw.

Before that were many other recommendations from the Mandate people and other international commissions.
1. 1922:  Great Britain partitioned Palestine; Arabs wanted the whole country to be Arab.
2. 1937  Peel Commission
3. 1938 Woodhead Commission
4. 1946  Two proposals championed a bi-national state,
            a. Anglo-American Committee of Inquiry, April- single state with equal powers
            b. Morrison-Grady Plan, July - federal state with 2 provinces

The Arabs rejected them all.

Now they want to divide and conquer.  They won't recognize Israel as the Jewish state and their charters all call to destroy Israel.  when Resolution 181 was read in the General Assembly of the UN, each Arab country spoke from the dais to sound off their rejections.  Iraq's Mr. Jamali said the decision was anti-democratic, illegal, impractical and contrary to the Charter (?) and Iraq doesn't recognize the validity of this decision and those who pass it are responsible for the consequences.  Syria's Amir. Arslan  said that the charter was murdered and his country would never recognize the partition, and the consequences were on the heads of others, not theirs.  Yemen's Prince Abdullah said that the partition plan is contrary to justice and to the UN Charter (?).  They did not feel bound by such a decision and would reserve its freedom of action towards it.  All the others were of the same mind.

 Israel was created May 14, 1948 through a UN vote  and within seconds was attacked by all the Arabs in a bloody war..  3 days later, the Palestine Commission adjourned sine die without picking a date after the General Assembly appointed a UN Mediator in Palestine, which relieves the UN Palestine Commission from the further exercise of its responsibilities.  181 then became a moot issue.  The establishment of an armistice-line (the "Green Line") was just a temporary ceasefire line expected to be followed by peace treaties.  No peace treaties were signed.  Since Israel was later attacked in 1956, 1967, 1973, etc. to this day, one wonders about peace treaties since states change hands, thus politics.  Egypt had a peace treaty signed by Sadat in 1979 after the 1973 war.  It's still in effect.  Jordan has a peace treaty signed October 26, 1994, still in effect.

By July 30, 1949 it was seen that the Arabs rejected the scheme entirely.  Armistice agreements were reached after much fighting between Israel and Egypt, Lebanon, Syria and Trans-Jordan with the help of UN Mediator, Dr. Ralph Bunche.  By now the UN had abandoned the recommendations of Resolution 181 and its ideas "were drained of all relevance by subsequent events."  The Arabs continued to reject 181 after the war.  This was possibly because they controlled Judea and Samaria (West Bank) from 1948 to 1967 when they, including  Jordan,  again attacked Israel.

Now, the Arabs are trying to revive Resolution 181.  For over 60 years they have rejected it and are now trying to bring it to life to use as a leverage to  make Israel withdraw from Western Palestine so they can attack the rest of Israel easier because  it would have no defensive borders.

Professor Sir Elihu Lauterpacht of Cambridge, Judge ad hoc of the International Court of Justice and renowned expert on international law said that from a legal standpoint, the Resolution 181 had no legislative character to give territorial rights to either Jews or Arabs.  Any binding force would have had to come from the principle pacta sunt servanda, or treaties must be honored.  This would be from agreement of the parties at variance to the proposed plan.  The right of a State to exist come from its factual existence.  When that existence is prolonged it shows every sign of continuance and is recognized by the generality of nations.

Professor Julius Stone, authority on the law of Nations, " one of the world’s best-known authorities in both Jurisprudence and International Law. His publications his activities and the many honours conferred on him are eloquent evidence of his high standing in these two fields.said that Israel's "legitimacy" or "legal foundation" for its birth does not reside with the UN Partition Plan, which as a consequence of Arab actions became a dead issue."

  He then said that its validity rests on assertion of independence by its people and government, on the vindication of that independence by arms against assault by other states, and on the establishment of orderly government within territory under its stable control.

He just described Israel.  This is a legal state, not matter how you look at it.  For a variety of reasons, it again lives.

Resource:  UN Resolution 181-The Partition Plan of November 29, 1947 by Eli E. Hertz
Update: 12/7/13 video *****

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