“No evidence” that proves Israel sovereignty of Judea, Samaria, East Jerusalem under international law?
The Legal Case for Israel’s Sovereignty in Judea, Samaria, East Jerusalem, and Gaza
When discussing Israel’s sovereignty over Judea, Samaria, East Jerusalem, and Gaza, much of the debate is mired in political rhetoric and modern geopolitics. Yet, the foundation of Israel’s claims lies firmly in material evidence and principles established under international law. From the early 20th century to contemporary times, international legal instruments, agreements, and universally recognized legal doctrines have consistently affirmed the Jewish people's connection to these lands.
This timeline provides a detailed account of the key milestones that form the legal backbone of Israel’s sovereignty claims. It highlights the evolution of these claims, from the Balfour Declaration and the League of Nations Mandate to the principles upheld in treaties and UN charters. By examining these pivotal moments, we can trace a clear and enduring recognition of Jewish historical, legal, and political rights to the land—rights that remain vital in understanding the legal realities of today.
1917: The Balfour Declaration The British government issued the Balfour Declaration, expressing support for the establishment of a "national home for the Jewish people" in Palestine, laying an early foundation for Jewish claims to the land.
1919: The Paris Peace Conference Post-World War I, the Paris Peace Conference recognized the need to determine the future of former Ottoman territories, including Palestine, which was seen as a place for a Jewish homeland.
1920: The San Remo Conference The Allied Powers allocated the mandate for Palestine to Britain, incorporating the Balfour Declaration, thereby recognizing Jewish historical connections to the land and paving the way for a Jewish state.
1922: Transjordan Memorandum This memorandum separated Transjordan (modern-day Jordan) from the rest of the British Mandate for Palestine, focusing Jewish settlement west of the Jordan River.
1922: The League of Nations Mandate for Palestine The League of Nations formalized the British Mandate for Palestine, endorsing the establishment of a Jewish national home and reinforcing international recognition of Jewish claims.
1923: Paulet-Newcombe Agreement A boundary agreement between British and French mandates delineated borders, further defining the territory for the future Jewish state.
1945: Article 80 of the UN Charter This article safeguarded the rights granted to the Jewish people under the League of Nations Mandate, ensuring continuity of the mandate's terms under the newly formed United Nations.
1948: Uti Possidetis Juris (Israel Independence) Upon Israel's declaration of independence, the principle of uti possidetis juris, which maintains pre-existing administrative boundaries, legitimized Israel's borders based on the Mandate's borders. Additionally, Jordan and Egypt could not gain sovereignty over the land due to the international principle that territory cannot be acquired by war. Uti possidetis juris is a universal law applied to all decolonized countries, as asserted by the International Court of Justice (ICJ) in the case of Burkina Faso and Mali.
1979: Treaty between Egypt and Israel Egypt recognized Israel and relinquished claims to Gaza, bolstering Israel's sovereignty over the territory through mutual agreement.
1993: Oslo Accords These accords initiated a peace process without Israel relinquishing sovereignty over any territories, maintaining its legal claims while negotiating autonomy for Palestinians.
1994: Treaty between Jordan and Israel Jordan formally relinquished claims to Judea, Samaria, and East Jerusalem, affirming Israel's sovereignty over these areas through a bilateral peace treaty.
2005: Israel Disengagement from Gaza Israel unilaterally withdrew from Gaza but did not relinquish its legal sovereignty claims, asserting that the disengagement did not alter its status under international law.
