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Remove Rep. Ilhan Omar from the House Foreign Affairs Committee

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Remove Rep. Ilhan Omar from the House Foreign Affairs Committee

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Remove Rep. Ilhan Omar from the House Foreign Affairs Committee

 

Rep. Ilhan Omar was flagged during the campaign for having a proclivity towards making antisemitic remarks, while refusing to condemn terror groups like Hezbollah and Hamas.

Upon being elected to the House of Representatives, Speaker Nancy Pelosi placed Rep. Omar on the House Foreign Affairs Committee, which is critical in steering America’s foreign policy. Since taking office, Rep. Ilhan Omar’s antisemitism has continued, and even escalated.

She blamed Jewish Money for America’s pro-Israeli foreign policy and invoked “Benjamin’s Baby” as an antisemitic trope aimed at Jared Kushner.

Enough is enough! It’s time for Rep. Ilhan Omar to be removed from the House Foreign Affairs Committee.

How were the Levites “lifted up” and “waved” in Parshat Behaalothecha (Numbers) 8.11

In B’midbar (Numbers) 8.11 we read that “Aaron shall lift up the Levites as a waving before the L-RD on behalf of the children of Israel….” What exactly is this “lifting up and waving?” How were the Levites “lifted up” and waived” before HaShem? Bmidbar (Numbers) 8.11?

I read Rashi’s commentary: Then Aaron shall lift up the Levites as a waving: in the same way that the guilt-offering of one afflicted with tzara’ath requires waving [the animal] while it is alive. Three wavings are mentioned in this section: the first (verse 11) refers to the sons of Kohath, and for this reason it states with regard to them, “that they may serve in the L-RD’s service,” since they were responsible for the work involving the most holy objects-the ark, the table, etc. The second (verse 13) refers to the sons of Gershon. Therefore, it is stated with regard to them,“a waving before the L-RD” (verse 13), for even they were assigned holy work-the curtains and the clasps, which could be seen in the Holy of Holies. The third [waving] was for the sons of Merari (verse 14). – [Midrash Aggadah] 16

Is this a wave offering [?] as in, “And the priest shall take one of the he-lambs, and offer him for a guilt-offering, and the log of oil, and wave them for a wave-offering before the L-RD.” VaYiqra (Leviticus) 14.12

Perhaps the question should be rephrased as “was this waving and lifting-up somehow connected with a wave-offering?” given Rashi’s comment above, related to “the guilt-offering of one afflicted with tzara’ath [which] requires waving [the animal] while it is alive.”

CONSTITUTION OF JUDEA AND SHOMRON/SAMARIA

B”H

CONSTITUTION OF JUDEA AND SHOMRON/SAMARIA

CHAPTER ONE

The State and System of Government

Article 1

Hashem’s Kingdom of Judea and Shomron/Samaria is an independent sovereign Jewish State. It is indivisible and inalienable and no part of it may be ceded. The people of Judea and Shomron/Samaria form an integral part of the Jewish Nation, and its system of government is parliamentary with a hereditary monarchy.

Article 2

Judaism is the religion of the State and Hebrew is its official language.

Article 3

The city of Y’rushalayim (Jerusalem) is the undivided, Eternal capital of the Kingdom.

Article 4

The Judean flag shall be of the following form and dimensions: “The length of the flag shall be twice its width. It shall be divided horizontally into five parallel stripes, the background of which shall be white, and the bars blue. In the center there shall be a blue six- pointed star of such a size that it may be one-fifteenth part of its length.

CHAPTER TWO

Rights and Duties of Judeans

Article 5

Judean Nationality shall be defined by law.

Article 6

(i) Judeans shall be equal before the law. There shall be no discrimination between them as regards to their rights and duties on grounds of race, language or religion.

(ii) The Government shall ensure work and education within the limits of its possibilities, and it shall ensure a state of tranquillity and equal opportunities to all Judeans.

Article 7

Personal freedom shall be guaranteed.

Article 8

No person may be detained or imprisoned except in accordance with the provisions of the law.

Article 9

(i) No Judean may be deported, extradited or exiled from the territory of the Kingdom.

(ii) No Judean may be prevented from residing at any place, or be compelled to reside in any specified place, except in the circumstances prescribed by law.

Article 10

Dwelling houses, Y’shivoth and the like shall be inviolable and shall not be entered except in the circumstances and in the manner prescribed by law.

Article 11

No property of any person may be expropriated except for purposes of public utility and in consideration of a just compensation, as may be prescribed by law.

Article 12

No loans may be forcibly imposed and no property, movable or immovable, may be confiscated except in accordance with the law.

Article 13

Compulsory labour may not be imposed on any person, but any person may be required to do any work or to render any service in circumstances prescribed by law, as stated hereunder:

(i) In a state of necessity, such as a state of war, the occurrence of a public danger, or fire, flood, famine, earthquake, serious epidemic among human beings or animals or animal diseases, insects or pests or any other similar events, or in any other circumstances which might endanger the safety of the population, in whole or in part.

(ii) As a result of the conviction of the person concerned by a court of law, provided that the work is done and the service rendered under the supervision of an official authority and provided further that no convicted person shall be hired to, or be placed at the disposal of, any persons, companies, societies or public bodies.

Article 14

The State shall safeguard the free exercise of all forms of worship and religious rites in accordance with the customs observed in the Kingdom, unless such is inconsistent with public order or morality.

Article 15

(i) The State shall guarantee freedom of opinion. Every Judean shall be free to express his opinion by speech, in writing, or by means of photographic representation and other forms of expression, provided that such does not violate the law.

(ii) Freedom of the press and publications shall be ensured within the limits of the law.

(iii) Newspapers shall not be suspended from publication nor shall their permits be revoked except in accordance with the provisions of the law.

(iv) In the event of the declaration of martial law or a state of emergency, a limited censorship on newspapers, publications, books and broadcasts in matters affecting public safety and national defense may be imposed by law.

(v) Control of the resources of newspaper shall be regulated by law.

Article 16

(i) Judeans shall have the right to hold meetings within the limits of the law.

(ii) Judeans are entitled to establish societies and political parties provided that the objects of such societies and parties are lawful, their methods peaceful, and their by-laws not contrary to the provisions of the Constitution.

(iii) The establishment of societies and political parties and the control of their resources shall be regulated by law.

Article 17

Judeans are entitled to address the public authorities on any personal matters affecting them, or on any matter relative to public affairs, in such a manner and under such conditions as may be prescribed by law.

Article 18

All postal, telegraphic and telephonic communications shall be treated as secret and as such shall not be subject to censorship or suspension except in circumstances prescribed by law.

Article 19

Congregations shall have the right to establish and maintain their own schools for the education of their own members provided that they comply with the general provisions of the law and be subject to the control of Government in matters relating to their curricula and orientation.

Article 20

Elementary education shall be compulsory for Judeans and free of charge in Government schools.

Article 21

(i) Political refugees shall not be extradited on account of their political beliefs or for their defense of liberty.

(ii) Extradition of ordinary criminals shall be regulated by international agreements and laws.

Article 22

(i) Every Judean shall be entitled to be appointed to public offices under such conditions as are prescribed by law or regulations.

(ii) Appointment to any government office or to any establishment attached to the Government, or to any municipal office, whether such appointment is permanent or temporary, shall be made on the basis of merit and qualifications.

Article 23

(i) Work is the right of every citizen, and the State shall provide opportunities for work to all citizens by directing the national economy and raising its standards.

(ii) The State shall protect labour and enact legislation therefore based on the following principles:

(a) Every worker shall receive wages commensurate with the quantity and quality of his work.

(b) The number of hours of work per week shall be defined. Workers shall be given weekly and annual days of paid rest.

(c) Special compensation shall be given to workers supporting families and on dismissal, illness, old age and emergencies arising out of the nature of their work.

(d) Special conditions shall be made for the employment of women and juveniles.

(e) Factories and workshops shall be subject to health safeguards.

(f) Free trade unions may be formed within the limits of the law.

CHAPTER THREE

Powers: General Provisions

Article 24

(i) The Nation is the source of all powers.

(ii) The Nation shall exercise its powers in the manner prescribed by the present Constitution.

Article 25

The Legislative Power shall be vested in the National Assembly and the King. The National Assembly shall consist of a Senate and a Chamber of Deputies.

Article 26

The Executive Power shall be vested in the King, who shall exercise his powers through his Ministers in accordance with the provisions of the present Constitution.

Article 27

The Judicial Power shall be exercised by the courts of law in their varying types and degrees. All judgements shall be given in accordance with the law and pronounced in the name of the King.

CHAPTER FOUR

The Executive Power

Part I

The King and His Prerogatives

Article 28

The Throne of the Hashem’s Kingdom of Judea and Shomron/Samaria is hereditary to the dynasty of King David in a direct line from Melech Shlomo (King Solomon) through his male heirs as provided hereinafter:

(a) The Royal title shall pass from the holder of the Throne to his eldest son, and to the eldest son of that son and in linear succession by a similar process thereafter. Should the eldest son die before the Throne devolves upon him, his eldest son shall inherit the Throne, despite the existence of brothers to the deceased son. The King may, however, select one of his brothers as heir apparent. In this event, title to the Throne shall pass to him from the holder of the Throne.

(b) Should the person entitled to the Throne die without a male heir, the Throne shall pass to his eldest brother. In the event that the holder of the Throne has no brothers, the Throne shall pass to the eldest son of his eldest brother. Should his eldest brother have no son, the Throne shall pass to the eldest son of his other brothers according to their seniority in age.

(c) In the absence of any brothers or nephews, the Throne shall pass to the uncles and their descendants, according to the order prescribed in paragraph (b) above.

(d) Should the last King die without any heir in the manner prescribed above, the Throne shall devolve upon the person (a Regent or Council of Regency) whom the National Assembly shall select from amongst the descendants of the founders of the Hashem’s Kingdom.

(e) No person shall ascend the Throne unless he is Jewish, mentally sound and born by a legitimate wife and of Jewish parents.

(f) No person shall ascend the Throne who has been excluded from succession by a Royal Decree on the ground of unsuitability. Such exclusion shall not of itself include the descendants of such person. The Royal Decree of exclusion shall be countersigned by the Prime Minister and by four Ministers, at least two of whom shall be the Minister of Interior and the Minister of Justice.

(g) The King attains his majority upon the completion of his eighteenth year according to the Judean calendar. If the Throne devolves upon a person who is below this age, the powers of the King shall be exercised by a Regent or Council of Regency, who shall have been appointed by a Royal Decree by the reigning King. If the King dies without making such nomination, the Council of Ministers shall appoint the Regent or Council of Regency.

(h) Should the King become unable to exercise his powers on account of illness, his powers shall be exercised by a Vice-regent or Council of Vice-regents. The Vice-regent or Council of Vice-regents shall be appointed by Royal Decree. Should the King be unable to make such appointment, such shall be made by the Council of Ministers.

(i) Should the King wish to leave the country, he shall, before his departure and by a Royal Decree, appoint a Vice-regent or a Council of Vice-regents to exercise his powers during his absence. The Vice-regent or Council of Vice-regents shall observe any conditions which may be prescribed in the Royal Decree. If the absence of the King is extended to more than four months and the National Assembly is not in session, the Assembly shall be summoned immediately to consider the matter.

(j) Before the Regent or Vice-regent or any member of the Council of Regency or of the council of Vice-regents assumes his office he shall take an oath, as prescribed in Article 29 hereof, before the Council of Ministers.

(k) In the event of the death of the Regent or Vice-regent or member of the Council of Regency or of the Council of Vice-regents, or should he become incapable of performing his duties, the Council of Ministers shall appoint a suitable person to replace him.

(l) A Regent or Vice-regent or member of the Council of Regency or of the Council of Vice-regents shall not be less than thirty years according to the Judean calendar. However, any male relative of the King who has completed his eighteenth year of age according to the Judean calendar may be appointed to any such office.

(m) In the event of the King being incapacitated (1 Samuel 21.11-16, Tehillim 34.1) by any mental illness, the Council of Ministers, on confirmation of his illness, shall immediately convene the National Assembly. Should the illness be definitely confirmed, the National Assembly shall by resolution depose the King, whereupon title to the Throne shall devolve upon the person entitled thereto after him according to the provisions of this Constitution. If the Chamber of Deputies stands dissolved at the time or if its term had expired and no new Chamber had been elected, the former Chamber of Deputies shall be convened for the purpose.

Article 29

The King shall upon his succession to the Throne take an oath before the National Assembly, which shall be convened under the chairmanship of the Speaker of the Senate, to respect and observe the Constitution and be loyal to the Nation.

Article 30

The King is the Head of the State and is immune from any liability and responsibility.

Article 31

The King ratifies the laws and promulgates them. He shall direct the enactment of such regulations as may be necessary for their implementation, provided that such regulations are not inconsistent with the provisions thereof.

Article 32

The King is the Supreme Commander of the Land, Naval and Air Forces.

Article 33

(i) ** The King declares war, concludes peace and ratifies treaties and agreements.

(ii) Treaties and agreements which involve financial commitments to the Treasury or affect the public or private rights of Jordanians shall not be valid unless approved by the National Assembly. In no circumstances shall any secret terms contained in any treaty or agreement be contrary to their overt terms.

** As determined by the High Priest’s use of the Urim and Thummim.

Article 34

(i) The King issues orders for the holding of elections to the Chamber of Deputies in accordance with the provisions of the law.

(ii) The King convenes the National Assembly, inaugurates, adjourns, and prorogues it in accordance with the provisions of the Constitution.

(iii) The King may dissolve the Chamber of Deputies.

(iv) * The King may dissolve the Senate or relieve any Senator of his membership.

* As advised by a prophet.

Article 35

The King appoints the Prime Minister and may dismiss him or accept his resignation. He appoints the Ministers; he also dismisses them or accepts their resignation, upon the recommendation of the Prime Minister.

Article 36

The King appoints members of the Senate and appoints the Speaker from amongst them and accepts their resignation.

Article 37

(i) The King creates, confers and withdraws civil and military ranks, medals and honorific titles. He may delegate this authority to any other person by special law.

(ii) Currency shall be minted in the name of the King in pursuance of the law.

Article 38

The King has the right to grant a special pardon or remit any sentence, but any general pardon shall be determined by special law.

Article 39

No death sentence shall be executed except after confirmation by the King. Every such sentence shall be placed before the King by the Council of Ministers accompanied by their opinion thereon.

Article 40

The King shall exercise the powers vested in him by Royal Decree. Every such Decree shall be countersigned by the Prime Minister and the Minister or Ministers concerned. The King expresses his concurrence by placing his signature above the said signatures.

Part II

Ministers

Article 41

The Council of Ministers shall consist of the Prime Minister, who shall be the President, and of such number of Ministers as may be needed and as public interest may require.

Article 42

No person shall be appointed a Minister unless he is a Jewish.

Article 43

The Prime Minister and Ministers shall, before assuming their duties, take the following oath before the King:

I swear by Almighty God to be loyal to the King, uphold the Constitution, serve the Nation and conscientiously perform the duties entrusted to me.”

Article 44

No Minister may purchase or lease any Government property even if the sale or lease thereof has been offered in public auction. He shall not, while holding his Ministerial office, become a member of the board of directors of any company or take part in any commercial or financial transaction or receive a salary from any company.

Article 45

(i) The Council of Ministers shall be entrusted with the responsibility of administering all affairs of the State, internal and external, with the exception of such matters as are or may be entrusted by the present Constitution or by any other legislation to any other person or body.

(ii) The duties of the Prime Minister, the Ministers and the Council of Ministers shall be defined by regulations made by the Council of Ministers and ratified by the King.

Article 46

Any Minister may be entrusted with the responsibility of one or more Ministries, as may be stated in the Decree of appointment.

Article 47

(i) Every Minister shall be responsible for the conduct of all matters pertaining to his Ministry. He shall refer to the Prime Minister any matter not falling within his competence.

(ii) The Prime Minister shall dispose of all matters within his powers and competence and shall refer other matters to the Council of Ministers for such decision as may be necessary.

Article 48

The Prime Minister and Ministers shall sign the decisions taken by the Council of Ministers, which shall be submitted to the King for ratification in all cases required under the present Constitution or any law or regulations enacted thereunder. Such decisions shall be implemented by the Prime Minister and Ministers, each within the limits of his competence.

Article 49

Verbal or written orders of the King shall not release the Ministers from their responsibilities

Article 50

In the event of the resignation or dismissal of the Prime Minister from his office, all Ministers shall be considered as having automatically resigned or been dismissed from their offices.

Article 51

The Prime Minister and Ministers shall be collectively responsible before the Chamber of Deputies in respect of the public policy of the State. In addition, each Minister shall be responsible before the Chamber of Deputies in respect of the affairs of his Ministry.

Article 52

The Prime Minister, or the Minister who is a member of either the Chamber of Deputies or the Senate, shall be entitled to vote in the House to which he belongs and to speak in both Houses. However, Ministers who are not members of either House may speak in both Houses without the right to vote.

Article 53

(i) A motion of no confidence in the Council of Ministers or in any Minister may be raised by the Chamber of Deputies.

(ii) If the Chamber of Deputies casts a vote of no confidence in the Council of Ministers by an absolute majority of all its members, the Council of Ministers shall resign.

(iii) If the vote of no confidence concerns an individual Minister, he shall resign his office.

Article 54

(i) A session to consider a vote of no confidence in the Council of Ministers or in any individual Minister shall be held either at the request of the Prime Minister or at a request signed by not less than ten Deputies.

(ii) A vote of no confidence in the Council of Ministers or in any individual Minister may be postponed only for one period, which shall not exceed ten days, either upon the request of the Minister concerned or of the Council of Ministers. The Chamber shall not be dissolved during this period.

(iii) Every newly formed Council of Ministers shall within one month of its formation, in cases where the Chamber of Deputies is in session, place before the Chamber of Deputies a statement of its policy and request a vote confidence on the basis of the said statement. If the Chamber of Deputies is not in session at the time, or stands dissolved, the Speech from the Throne shall be considered to be a statement of its policy for the purposes of this Article.

Article 55

Ministers shall be tried by a High Tribunal for offenses which may be attributed to them in the course of the performance of their duties.

Article 56

The Chamber of Deputies is entitled to impeach Ministers, but a bill of impeachment shall not be passed except by a majority of two-thirds of the members of the Chamber. The Chamber of Deputies shall appoint, from among its members, deputies who shall present the impeachment to, and proceed before, the High Tribunal.

Article 57

The High Tribunal shall consist of the Speaker of the Senate as President and eight members, three of whom shall be selected by ballot by the Senate from amongst its members and five members to be selected from amongst the judges of the highest Civil Court in order of seniority. In case of necessity, the number shall be completed from the presidents of the lower courts, also in order of seniority.

Article 58

The High Tribunal shall apply the provisions of the Penal Code in force in respect of offenses specified therein. A special law shall specify the offenses for which Ministers shall be responsible in cases where such offenses are not covered by the Penal Code.

Article 59

Judgements shall be given by the High Tribunal by a majority of six votes.

Article 60

The High Tribunal shall make its own Rules of Procedure for the trial of Ministers, pending the enactment of a special law for this purpose.

Article 61

A Minister who is impeached by the Chamber of Deputies shall be suspended from office until his case is determined by the High Tribunal. His resignation shall not prevent the institution of criminal proceedings against him, or the continuance of his trial.

CHAPTER FIVE

The Legislative Power

The National Assembly

Article 62

The National Assembly shall consist of two Houses: The Senate and the Chamber of Deputies.

Part I

The Senate

Article 63

The Senate, including the Speaker, shall consist of not more than one- half of the number of the members of the Chamber of Deputies.

Article 64

In addition to the requirements prescribed in Article 75 of the present Constitution, a Senator must have completed forty calendar years of age and must belong to one of the following classes: Present and former Prime Ministers and Ministers, persons who had previously held the office of Ambassador, Minister Plenipotentiary, Speaker of the Chamber of Deputies, President and judges of the Court of Cassation and of the Civil and Halacha Courts of Appeal, retired military officers of the rank of Lt. General and above, former Deputies who were elected at least twice as deputies, and other similar personalities who enjoy the confidence of the people in view of the services rendered by them to the Nation and the Country.

Article 65

(i) The term of office of Senators shall be four years. The appointment of members shall be renewed every four years. Senators whose term of office had expired may be reappointed for a further term.

(ii) The term of office of the Speaker of the Senate shall be two years but he may be reappointed.

Article 66

(i) The Senate shall meet simultaneously with the Chamber of Deputies and the sessions shall be the same for both Houses.

(ii) If the Chamber of Deputies is dissolved, the sessions of the Senate shall be suspended.

Part II

The Chamber of Deputies

Article 67

The Chamber of Deputies shall consist of members elected by secret ballot in a general direct election and in accordance with the provisions of an Electoral Law which shall ensure the following principles:

(i) The integrity of the election.
(ii) The right of candidates to supervise the process of election.
(iii) The punishment of any person who may adversely influence the will of voters.

Article 68

(i) The term of office of the Chamber of Deputies shall be four calendar years commencing from the date of the announcement of the results of the general elections in the Official Gazette. The King may, by a Royal Decree, prolong the term of the Chamber for a period of not less than one year and not more than two years.

(ii) A general election shall take place during the four months preceding the end of the term of the Chamber. If the election has not taken place by the end of the term of the Chamber or if such election is delayed for any reason, the Chamber shall remain in office until the election of a new Chamber.

Article 69

(i) The Chamber of Deputies shall elect its Speaker at the beginning of each ordinary session for a period of one calendar year, but he may be re-elected.

(ii) If the Chamber of Deputies meets in an extraordinary session and has no Speaker, the Chamber shall elect a Speaker for a term of office which shall terminate at the beginning of the ordinary session.

Article 70

In addition to the requirements prescribed in Article 75 of the present Constitution, a deputy must have completed thirty calendar years of his age.

Article 71

The Chamber of Deputies shall have the right to determine the validity of the election of its members. Any voter shall have the right to present a petition to the Secretariat of the Chamber within fifteen days of the announcement of the results of the election in his constituency setting out the legal grounds for invalidating the election of any deputy. No election may be considered invalid unless it has been declared as such by a majority of two-thirds of the members of the Chamber.

Article 72

Any deputy may resign his seat by notifying the Speaker of the Chamber of Deputies in writing, and the Speaker shall place the resignation before the Chamber for a decision as to whether the resignation should be accepted or rejected.

Article 73

(i) If the Chamber of Deputies is dissolved, a general election shall be held, and the new Chamber shall convene in an extraordinary session not later than four months from the date of dissolution. Such session shall be deemed to be an ordinary session in accordance with the provisions of Article 78 of the present Constitution and shall be subject to the conditions prescribed therein in respect of prolongation or adjournment.

(ii) If no elections have taken place by the end of the four months, the dissolved Chamber shall assume its full constitutional powers and assemble forthwith as if its dissolution had not taken place. It shall remain in office until the election of a new Chamber.

(iii) Such extraordinary session shall not in any event continue after the 30th day of September and shall be prorogued on that date so that the Chamber may be able to hold its first ordinary session on the first day of October. If such extraordinary session happens to be held during October and November, it shall be considered as the first ordinary session of the Chamber of Deputies.

(iv) Notwithstanding the provisions of paragraphs (i) and (ii) of this Article, the King may postpone the holding of the general elections if a force majeure has occurred which the Council of Ministers considers as rendering the holding of elections impossible.

(v) Should the force majeure provided for in paragraph (iv) hereof persist, the King may, upon a decision taken by the Council of Ministers, reinstate and convene the dissolved Chamber. Such Chamber shall be deemed as having been in existence in all respects from the date of the issue of the Royal Decree effecting its reinstatement. It shall exercise its full constitutional powers and be subject to the provisions of this Constitution, including those pertaining to the term of the Chamber and its dissolution. The session which it holds in such case shall be deemed to be its first ordinary session regardless of the date when it takes place.

(vi) Should the Council of Ministers consider that the holding of general elections in at least one half of the constituencies is possible in spite of the persistence of the force majeure referred to in this Article, the King may order the holding of elections in such constituencies. The successful members shall elect not more than one-half of the number of the members for the other constituencies in which it was impossible to hold elections, provided that they can hold a (valid) meeting only by a majority of three-quarters of their number, and provided also that the elections shall be by at least a two-thirds majority and shall be in accordance with the provisions and in the manner provided for in Article (88) of the Constitution. The successful members and the members elected in accordance with this paragraph shall elect the remaining members for the said constituencies in accordance with the provisions of this paragraph.

Article 74

If the Chamber of Deputies is dissolved for any reason, the new Chamber shall not be dissolved for the same reason. A Minister who intends to nominate himself for election shall resign fifteen days at least before the beginning of nomination.

Part III

Provisions Governing Both Houses

Article 75

(i) No person shall become a Senator or Deputy:

(a) Who is not a Judean and Jewish.

(b) Who claims foreign nationality or protection.

(c) Who was adjudged bankrupt and has not been legally discharged.

(d) Who was interdicted and the interdiction has not been removed.

(e) Who was sentenced to a term of imprisonment exceeding one year for a non-political offense and has not been pardoned.

(f) Who has a material interest in any contract, other than a contract or lease of land and property, with any Department of Government, provided that this provision shall not apply to any shareholder in a company of more than ten members.

(g) Who is insane or an imbecile.

(h) Who is related to the King within a degree of consanguinity to be prescribed by special law.

(ii) Should any Senator or Deputy become disqualified during his term of office or should it appear after his election that he lacks one or more of the qualifications provided for in the preceding paragraph, his membership shall, by a resolution of two-thirds of the members of the House to which he belongs, be considered nonexistent and vacant, provided that such a resolution, if passed by the Senate, is submitted to the King for ratification.

Article 76

Subject to the provisions of Article (52) of the present Constitution, no person shall be allowed to be a member of either the Chamber of Deputies or the Senate and a holder of a public office at the same time. Public office means every office whose holder receives his salary from public funds; it includes municipal offices. Similarly, no person shall be allowed to be a member of both the Chamber of Deputies and the Senate.

Article 77

Subject to the provisions of the present Constitution relating to the dissolution of the Chamber of Deputies, the National Assembly shall hold one ordinary session during each year of its term.

Article 78

(i) The King shall summon the National Assembly to an ordinary session on the first day of October of each year or, if that day is an official holiday, on the first day following the official holiday, provided that the King may, by Royal Decree published in the Official Gazette, postpone for a period not exceeding two months the meeting of the Assembly to a date to be fixed by the Royal Decree.

(ii) If the National Assembly is not summoned in accordance with the preceding paragraph, it shall meet of its own motion as if it was so summoned.

(iii) The ordinary session of the National Assembly shall begin on the date upon which it was summoned to meet in accordance with the two preceding paragraphs, and shall last for four months unless the Chamber of Deputies is dissolved by the King before the expiration of that period. The session may be prolonged by the King for a further period not exceeding three months to allow for the dispatch of pending matters. At the expiration of the four months or any such prolongation thereof, the King shall prorogue the Assembly.

Article 79

The King shall inaugurate the ordinary session of the National Assembly by a Speech from the Throne addressed to a joint meeting of the Senate and the Chamber of Deputies. He may deputize the Prime Minister or any of the Ministers to perform the inauguration ceremony and deliver the Speech from the Throne. Each of the two Houses shall submit a petition which shall contain its Reply thereto.

Article 80

Every Senator and Deputy shall, before taking his seat, take an oath before his House in the following terms:

I swear by Almighty God to be loyal to the King and to the Country and to uphold the Constitution, serve the Nation and duly perform the duties entrusted to me.”

Article 81

(i) The King may by Royal Decree adjourn the session of the National Assembly for not more than three times, or two times only if He had postponed the meeting of the National Assembly under paragraph (i) of Article (78), provided that during any one session the period of such postponement shall not exceed two months in the aggregate, including the period of postponement. In computing the term of the session, the periods covered by any such adjournment shall not be taken into account.

(ii) The Senate and the Chamber of Deputies may adjourn their session from time to time in conformity with their own Internal Regulations.

Article 76

Subject to the provisions of Article (52) of the present Constitution, no person shall be allowed to be a member of either the Chamber of Deputies or the Senate and a holder of a public office at the same time. Public office means every office whose holder receives his salary from public funds; it includes municipal offices. Similarly, no person shall be allowed to be a member of both the Chamber of Deputies and the Senate.

Article 77

Subject to the provisions of the present Constitution relating to the dissolution of the Chamber of Deputies, the National Assembly shall hold one ordinary session during each year of its term.

Article 78

(i) The King shall summon the National Assembly to an ordinary session on the first day of October of each year or, if that day is an official holiday, on the first day following the official holiday, provided that the King may, by Royal Decree published in the Official Gazette, postpone for a period not exceeding two months the meeting of the Assembly to a date to be fixed by the Royal Decree.

(ii) If the National Assembly is not summoned in accordance with the preceding paragraph, it shall meet of its own motion as if it was so summoned.

(iii) The ordinary session of the National Assembly shall begin on the date upon which it was summoned to meet in accordance with the two preceding paragraphs, and shall last for four months unless the Chamber of Deputies is dissolved by the King before the expiration of that period. The session may be prolonged by the King for a further period not exceeding three months to allow for the dispatch of pending matters. At the expiration of the four months or any such prolongation thereof, the King shall prorogue the Assembly.

Article 79

The King shall inaugurate the ordinary session of the National Assembly by a Speech from the Throne addressed to a joint meeting of the Senate and the Chamber of Deputies. He may deputize the Prime Minister or any of the Ministers to perform the inauguration ceremony and deliver the Speech from the Throne. Each of the two Houses shall submit a petition which shall contain its Reply thereto.

Article 80

Every Senator and Deputy shall, before taking his seat, take an oath before his House in the following terms:

I swear by Almighty God to be loyal to the King and to the Country and to uphold the Constitution, serve the Nation and duly perform the duties entrusted to me.”

Article 81

(i) The King may by Royal Decree adjourn the session of the National Assembly for not more than three times, or two times only if He had postponed the meeting of the National Assembly under paragraph (i) of Article (78), provided that during any one session the period of such postponement shall not exceed two months in the aggregate, including the period of postponement. In computing the term of the session, the periods covered by any such adjournment shall not be taken into account.

(ii) The Senate and the Chamber of Deputies may adjourn their session from time to time in conformity with their own Internal Regulations.

Article 82

(i) The King may whenever necessary summon the National Assembly to meet in an extraordinary session for an unspecified period for the purpose of deciding matters to be specified in the Royal Decree when the summons are issued. An extraordinary session shall be prorogued by a Royal Decree.

(ii) The King may summon the National Assembly to meet in an extraordinary session at the request of an absolute majority of the deputies. Such request shall be contained in a petition specifying the matters which it is desired to discuss.

(iii) The National Assembly shall not discuss in any extraordinary session except such matters as are specified in the Royal Decree convening the session.

Article 83

The Senate and the Chamber of Deputies shall each make its Internal Regulations for the control and organization of its own proceedings and shall submit such Orders to the King for ratification.

Article 84

(i) No meeting of either House shall be considered duly constituted unless attended by two-thirds of the members of either House, and shall continue to be valid as long as an absolute majority of the members of either House is present.

(ii) Resolutions by each of the two Houses shall be taken by a majority of votes of the members present, excluding the Speaker, who shall not vote except where it is otherwise provided in the present Constitution. In the case of equality of votes the Speaker shall have a casting vote.

(iii) If the voting is related to the Constitution or to a motion of no confidence in the Council of Ministers or in a particular Minister, the votes shall be taken by calling the names of members in a loud voice.

Article 85

The meetings of both the Senate and the Chamber of Deputies shall be public. Secret meetings may, however, be convened at the request of the Government or of five Senators or Deputies. If such a request is made, the Senate or Chamber of Deputies shall decide whether it should be accepted or rejected.

Article 86

(i) No Senator or Deputy may be detained or tried during the currency of the sessions of the National Assembly unless the House to which he belongs decides by an absolute majority that there is sufficient reason for his detention or trial or unless he was arrested flagrant delicto. In the event of his arrest in this manner, the House to which he belongs, shall be notified immediately.

(ii) If a member is detained for any reason while the National Assembly is not sitting, the Prime Minister shall notify the Senate or the Chamber of Deputies when it reassembles of the proceedings which were taken against him, coupled with the necessary explanation.

Article 87

Every Senator or Deputy shall have complete freedom of speech and expression of opinion within the limits of the Internal Regulations of the Senate or Chamber of Deputies, as the case may be, and shall not be answerable in respect of any vote which he had cast or opinion expressed or speech made by him during the meetings of the House.

Article 88

When a seat becomes vacant in the Senate or in the Chamber of Deputies by death or resignation or for any other reason, it shall be filled by appointment in the case of a Senator and by the holding of a by-election in the case of a deputy within a period of two months from the date on which the Government is notified of the vacancy by the House. The term of the new member shall be for the remaining part of the term of his predecessor.

However, if a seat in the Chamber of Deputies becomes vacant for any constituency for any reason and should there be force majeure on account of which the Council of Ministers considers that rendering a by election to fill that seat is impossible, the Chamber of Deputies, by the absolute majority of its members and within one month of its being notified thereof, shall elect a member to fill the said seat from amongst the inhabitants of the said constituency to who the provisions of the Constitution are applicable and in the manner the Chamber deems appropriate.

Article 89

(i) In addition to the circumstances under which the Senate and the Chamber of Deputies may hold a joint meeting as prescribed in Articles (34), (79) and (92) of the present Constitution, both Houses shall hold a joint meeting at the request of the Prime Minister.

(ii) When the Senate and the Chamber of Deputies hold a joint meeting, the meeting shall be presided over by the Speaker of the Senate.

(iii) A joint meeting of the Senate and the Chamber of Deputies shall not be considered properly constituted unless an absolute majority of the members of each House is present. Resolutions at such a meeting shall be taken by a majority of the Senators and Deputies present, exclusive of the Speaker who, in case of equality of votes, shall have a casting vote.

Article 90

No Senator or Deputy may be removed from his office except by a resolution of the House to which he belongs, provided that, other than the case of disqualification and combination of offices as prescribed in this Constitution and in the Electoral Law, the resolution to remove a Senator or Deputy must be taken by a two-thirds majority of the House. If the resolution of removal concerns a Senator, the resolution must be submitted to the King for ratification.

Article 91

The Prime Minister shall refer to the Chamber of Deputies any draft law, and the Chamber shall be entitled to accept, amend, or reject the draft law, but in all cases the Chamber shall refer the draft law to the Senate. No law may be promulgated unless passed by both the Senate and the Chamber of Deputies and ratified by the King.

Article 92

Should either House twice reject any draft law and the other accept it, whether or not amended, both the Senate and the Chamber shall hold a joint meeting under the chairmanship of the Speaker of the Senate to discuss the matters in dispute. Acceptance of the draft law shall be conditional upon the passing of a resolution by a two-thirds majority of the members of both Houses present. If the draft law is rejected as described above, it shall not be placed again before the House during the same session.

Article 93

(i) Every draft law passed by the Senate and the Chamber of Deputies shall be submitted to the King for ratification.

(ii) A law shall come into force after its promulgation by the King and the lapse of thirty days from the date of its publication in the Official Gazette unless it is specifically provided in that law that it shall come into force on any other date.

(iii) If the King does not see fit to ratify a law, He may, within six months from the date on which the law was submitted to him, refer it back to the House coupled with a statement showing the reasons for withholding his ratification.

(iv) If any draft law (other than the Constitution) is referred back within the period specified in the preceding paragraph and is passed for the second time by two-thirds of the members of each of the Senate and the Chamber of Deputies, it shall be promulgated. If the law is not returned with the Royal ratification within the period prescribed in paragraph (iii) above, it shall be considered as promulgated and effective. If any draft law fails to obtain the two-thirds majority of votes, it cannot be reconsidered during the same session, provided that the National Assembly may reconsider the draft during its next ordinary session.

Article 94

(i) In cases where the National Assembly is not sitting or is dissolved, the Council of Ministers has, with the approval of the King, the power to issue provisional laws covering matters which require necessary measures which admit of no delay or which necessitate expenditures incapable of postponement. Such provisional laws, which shall not be contrary to the provisions of the Constitution, shall have the force of law, provided that they are placed before the Assembly at the beginning of its next session, and the Assembly may approve or amend such laws. In the event of the rejection of such provisional laws, the Council of Ministers shall, with the approval of the King, immediately declare their nullity, and from the date of such declaration these provisional laws shall cease to have force provided that such nullity shall not affect any contracts or acquired rights.

(ii) Provisional laws shall have the same force and effect as laws enacted in accordance with paragraph (ii) of Article (93) of this Constitution.

Article 95

(i) Any ten or more Senators or Deputies may propose any law. Such proposal shall be referred to the committee concerned in the House for its views. If the House is of the opinion that the proposal be accepted it shall refer it to the Government for drafting it in the form of draft law, and to submit it to the House either during the same session or at the following session.

(ii) Any law proposed by Senators or Deputies in accordance with the preceding paragraph and rejected by either House shall not be presented for a second time during the same session.

Article 96

Any Senator or Deputy may address questions or interpellations to the Ministers concerning any public matters, in accordance with the provisions of the Internal Regulations of the Senate or the House (as the case may be). No interpellation may be debated before the lapse of eight days from the date of its receipt by the Minister, unless the case is of an urgent nature and the Minister agrees to shorten this period.

CHAPTER SIX

The Judiciary

Article 97

Judges are independent, and in the exercise of their judicial functions they are subject to no authority other than that of the law.

Article 98

Judges of the Civil and Halacha Courts shall be appointed and dismissed by a Royal Decree in accordance with the provisions of the law.

Article 99

The courts shall be divided into three categories:

(i) Civil Courts

(ii) Religious Courts

(iii) Special Courts

Article 100

The establishment of the various courts, their categories, their divisions, their jurisdiction and their administration shall be by virtue of a special law, provided that such law provides for the establishment of a High Court of Justice.

Article 101

(i) The courts shall be open to all and shall be free from any interference in their affairs.

(ii) The sittings of the courts shall be public unless the court considers that it should sit in camera in the interest of public order or morals.

Article 102

The Civil Courts in HaShem’s Kingdom of Judea and Shomron/Samaria shall have jurisdiction over all persons in all matters, civil and criminal, including cases brought by or against the Government, except those matters in respect of which jurisdiction is vested in Religious or Special Courts in accordance with the provisions of the present Constitution or any other legislation in force.

Article 103

(i) The Civil Courts shall exercise their jurisdiction in respect of civil and criminal matters in accordance with the law for the time being in force in the Kingdom, provided that in matters affecting the personal status of foreigners or in matters of a civil or commercial nature which in accordance with international usage are governed by the law of another country, such law shall be applied in the manner designated by the law.

(ii) Matters of personal status are those which are defined by law and in accordance therewith fall within the exclusive jurisdiction of the Halacha Courts where the parties are Jewish.

Article 104

The Religious Courts shall be divided into:

(i) The Halacha Courts

(ii) The Tribunals of other Religious Communities

Article 105

The Halacha Courts shall in accordance with their own laws have exclusive jurisdiction in respect of the following matters:

(i) Matters of personal status of Jews.

(ii) Cases concerning blood money (as defined by Halacha) where the two parties are Jewish or where one of the parties is not a Jewish and the two parties consent to the jurisdiction of the Halacha Courts.

(iii) Matters pertaining to Jewish Trusts or Religious Endowments.

Article 106

The Halacha Courts shall in the exercise of their jurisdiction apply the provisions of the Halacha law.

Article 107

The organization of the affairs of Jewish Trusts or Religious Endowments and the administration of their financial matters, among other matters, shall be regulated by a special law.

Article 108

The Tribunals of Religious Communities are those for the non-Jewish religious communities which have been or will be recognized by the Government as established in HaShem’s Kingdom of Judea and Shomron/Samaria.

Article 110

Special Courts shall exercise their jurisdiction in accordance with the provisions of the laws constituting them.

Article 109

(i) Tribunals of Religious Communities shall be established in conformity with the provisions of laws pertaining thereto. Such laws shall define the jurisdiction of such Tribunals in matters of personal status and Jewish Trusts or Religious Endowments constituted for the benefit of the community concerned. Matters of personal status of any such community shall be the same matters as are, in the case of Jews, within the jurisdiction of the Halacha Courts.

(ii) Such laws shall determine the procedure to be followed by the Tribunals of the Religious Communities.

CHAPTER SEVEN

Financial Matters

Article 111

No tax or duty may be imposed except by law. Taxes and duties shall not include the various kinds of fees which the Treasury charges in respect of services rendered to members of the public by Government Departments or in consideration of benefits accruing to them from the State Domain. In imposing taxes, the Government shall be guided by the principles of progressive taxation, coupled with the attainment of equality and social justice, provided that taxation shall not exceed the capacity of tax-payers or the State’s requirements for funds.

Article 112

(i) The draft law covering the General Budget shall be submitted to the National Assembly for consideration in accordance with the provisions of the Constitution at least one month before the beginning of the financial year.

(ii) Voting in respect of the budget shall take place on each chapter separately.

(iii) No sum falling within the expenditure section of the General Budget may be transferred from one chapter to another except by law.

(iv) The National Assembly, when debating the General Budget draft law or the provisional laws relating thereto, may reduce the expenditures under the various chapters in accordance with what it considers to be in the public interest, but it shall not increase such expenditures either by amendment or by the submission of a separate proposal. However, the Assembly may after the close of the debate propose laws for the creation of new expenditures.

(v) During the debate of the General Budget, no proposal shall be accepted for the abrogation of an existing tax or the creation of a new one or the amendment, whether by increase or reduction, of existing taxes which are prescribed by financial laws in force, and no proposal shall be accepted for amending expenditures or revenues fixed by contract.

(vi) The national revenues and expenditures estimated for each financial year shall be approved by the General Budget Law, provided that said Law may provide for the allocation of any special sums for a period exceeding one year.

Article 113

If it is not possible to enact the General Budget Law prior to the beginning of the new financial year, expenditures shall continue by monthly appropriations at the rate of 1/12th of each month of the previous year’s budget.

Article 114

The Council of Ministers may, with the approval of the King, issue regulations for the control of appropriations and expenditures of the public funds and the organization of Government stores.

Article 115

All receipts from taxes and other sources of Government revenue shall be paid into the Treasury and shall be included in the Government budget save where otherwise provided by law. No part of the funds of the Treasury may be appropriated or expended for any purpose whatever except under the law.

Article 116

The Civil List of the King shall be paid from the General Revenue and shall be fixed in the General Budget Law.

Article 117

Any concession granting a right for the exploitation of mines, minerals or public utilities shall be sanctioned by law.

Article 118

No person shall be exempt from the payment of taxes or duties in circumstances other than those prescribed by law.

Article 119

An Audit Office shall be set up by law for controlling the State’s revenues, its expenses and the manner of expenditure:

(i) The Audit Office shall submit to the Chamber of Deputies at the beginning of each ordinary session, or whenever the Chamber demands, a general report embodying its views and comments and indicating any irregularities committed and the responsibility arising therefrom.

(ii) The law shall provide for the immunity of the Head of the Audit Office.

CHAPTER EIGHT

General Provisions

Article 120

The administrative divisions of HaShem’s Kingdom of Judea and Shomron/Samaria, the establishment of the Government Departments, their classification, designations, the plan of operations and the manner of the appointment of civil servants, their dismissal, their discipline, supervision and the limits of their competence and powers shall be determined by regulations issued by the Council of Ministers with the approval of the King.

Article 121

Municipal and local council affairs shall be administered by municipal or local councils in accordance with special laws.

Article 122

The High Tribunal provided for in Article (57) shall have the right to interpret the provisions of the Constitution if so requested either by virtue of a decision of the Council of Ministers or by a resolution taken by the Senate or the Chamber of Deputies passed by absolute majority. Such interpretation shall be implemented upon its publication in the Official Gazette.

Article 123

(i) The Special Tribunal (as defined by Halacha) may interpret the provisions of any law which have not been interpreted by the courts if so requested by the Prime Minister.

(ii) The Special Tribunal shall consist of the President of the highest Civil Court as chairman, two of its judges and one senior administrative official, who shall be appointed by the Council of Ministers, as members. It shall also include a member delegated by the Minister concerned from among the senior officials of the Ministry which is involved in the needed interpretation.

(iii) The Special Tribunal shall give its decisions by a majority of votes.

(iv) Decisions given by the Special Tribunal and published in the Official Gazette shall have the force of law.

(v) All other matters concerning the interpretation of laws shall be decided as they arise by the courts of law in the usual course.

Article 124

In the event of an emergency necessitating the defense of the Kingdom, a law, which shall be known as the Defense Law, shall be enacted giving power to the person specified therein to take such actions and measures as may be necessary, including the suspension of the operation of the ordinary laws of the State, with a view to ensuring the defense of the Kingdom. The Defense Law shall come into force upon its proclamation by a Royal Decree to be issued on the basis of a decision of the Council of Ministers.

Article 125

(i) In the event of an emergency of such a serious nature that action under the preceding Article of the present Constitution will be considered insufficient for the defense of the Kingdom, the King may by a Royal Decree, based on a decision of the Council of Ministers, declare martial law in the whole or any part of the Kingdom.

(ii) When martial law is declared, the King may by a decree issue such orders as may be necessary for the defense of the Kingdom, notwithstanding the provisions of any law in force. Persons charged with the implementation of such orders shall continue to be subject to legal liability for all acts committed by them under the provisions of any such laws until they are relieved of such responsibility by a special law to enacted for the purpose.

Article 126

(i) The procedure prescribed in the present Constitution with regard to draft laws shall apply to any draft law for the amendment of this Constitution, provided that any such amendment is passed by a two- thirds majority of the members of each of the Senate and the Chamber of Deputies. In the event of a joint meeting of the Senate and the Chamber of Deputies in accordance with Article (92) of this Constitution, the amendment shall be passed by a two-thirds majority of the members of both Houses, provided that in both cases the amendment shall not come into force unless ratified by the King.

(ii) No amendment of the Constitution affecting the rights of the King and the succession to the Throne may be passed during the period of Regency.

Article 127

The duties of the Army shall be confined to the defense of the Kingdom and its safety.

(i) Recruitment to the Army, its organization and the rights and duties of its personnel shall be defined by law.

(ii) The organization of the police and gendarmerie, including their powers, shall be defined by law.

CHAPTER NINE

Enforcement and Repeal of Laws

Article 128

All laws, regulations and other legislative acts in force in HaShem’s Kingdom of Judea and Shomron/Samaria on the date on which this Constitution comes into force shall continue to be in force until they are repealed or amended by the legislation issued thereunder.

Article 129

(i) The Constitution of Judea and Shomron/Samaria together with all amendments thereto, may not be repealed except by the consent of the King and the 70 Elders of the Great Sanhedrin.

(ii) The Oslo Accords for the Years 1993 and 1995 and the amendments thereto are hereby repealed.

(iii) The repeals referred to in the preceding two paragraphs shall not affect the validity of any law or regulation made or act done thereunder prior to the coming into force of the provisions of the present Constitution.

Article 130

The provisions of the present Constitution shall come into force on the date of its publication in the Official Gazette.

Article 131

The Council of Ministers shall be charged with the execution of the provisions of the present Constitution.

16/06/2019

Yochanan Ezra ben Avraham

Signatures

Prime Minister and Minister of Foreign Affairs

Deputy Prime Minister and Minister of Interior

Chief Justice

Minister of Education

Minister of Commerce and Economy

Minister of Justice, Development and Reconstruction

Minister of Health and Social Affairs

Minister of Communications

Minister of Agriculture and Defence

Minister of Finance

 

 

Young Jewish woman on Temple Mount outrages 1.6 billion Muslims

Lauren Isaacs from Toronto went up with her mom to the Temple Mount, where they took a picture of her holding her Herut Canada flag. Palestinian TV has expressed outrage.

By David Isaac, World Israel News

Lauren Isaacs, 23, a Toronto native, had no idea that during her vacation to Israel she would end up leaving “a mark of disgrace on the forehead of 1.6 billion Muslims,” to quote the Palestinian al-Quds channel, a pro-Hamas station.

Lauren, who works as the Toronto director of Herut Canada, a pro-Zionist organization, went up to the Temple Mount on June 11 with her mother. Excited to be at Judaism’s holiest site, she unfurled her Herut Canada flag, which resembles an Israeli flag, and her mom snapped a picture of her with the Dome of the Rock in the background.

“I wasn’t trying to provoke anyone. I don’t believe that flags incite anything. I think everyone should hold their flags proudly. It’s really a mark of pride,” Lauren told World Israel News.

“I’m a proud Jew, an unapologetic Zionist and I was standing on my holy ground. And when you’re standing on your holy ground I don’t think there’s anything wrong with holding your flag with pride,” she said.

She posted the picture to her Facebook page and that picture found its way into the hands of al-Quds TV, which expressed its fury at the perceived insult.

“Since yesterday I blocked 65 different people on Facebook who’ve been writing horrible things. But yeah, I posted it. I’m proud. I love the Temple Mount. It’s our home and I did it with pride and joy, not to upset anyone,” Lauren said.

“I stand behind what I did. Absolutely. I’m an unapologetic Zionist,” Lauren added.

Somewhat surprisingly, given the recent Arab riots on the Temple Mount, Lauren and her mom were allowed up to the site alone and unescorted.

“I felt emotional. I just did it. And then I felt ‘Whew! That was a little dangerous,’” she admitted.

The Temple Mount has been the source of friction between Jews and Muslims for decades. The Muslims consider it their third holiest site and often resort to violence to prevent changes viewed as favorable to Jews or to promote changes they wish to see at the site.

Most recently, Arabs rioted on the Temple Mount in reaction to permission being given for Jewish visitors to enter on Jerusalem Day, which happened to fall this year during the Muslim holiday of Ramadan.

Lauren came to Israel for a month to study and do some sight-seeing. A staunch Zionist, she says she was attracted to Herut because the organization combines education and activism.

“We do the in-class stuff, the workshops. We learn how to talk about Israel. How to teach about Israel,” Lauren said. “But we also are out there on the streets, doing grassroots activism. We’re at the protests, at the counter-protests, which is amazing. Because we’re combining all these elements of Zionism.”

World Herut emphasizes “the Jewish people’s right to live securely and freely in its ancient homeland.” It has a youth arm, World Magshimey Herut, which “educates young adults throughout the world towards Jewish pride, activist Zionism, and love for Israel.”

 

San Remo Resolution

Israel Forever Foundation

By Dan Adler

Many people know the Balfour Declaration of Nov. 2, 1917 and the U.N. Vote on the Partition Plan on Nov. 29, 1947 as the two main international political events that led to Israel’s Declaration of Independence on May 14, 1948.

On December 11, 1917, which was the eve of Hanukkah, General Allenby led the British troops into Jerusalem. Allenby was hailed as the savior of the Jews, especially in light of the fact that one month earlier Britain had issued the Balfour Declaration.

However, there is a misconception that the Balfour Declaration was just a letter of intent, and not a binding legal document. The reason for this misconception is that most people are not aware of the San Remo Conference which took place on April 19, 1920, lasted for seven days and published its resolutions on April 25, 1920. These seven days laid the political foundation for the creation of the 22 Arab League States and the one and only Jewish State of Israel.

The full text of the Balfour Declaration became an integral part of the San Remo resolution and the British Mandate for Palestine, thereby transforming it from a letter of intent into a legally-binding foundational document under international law.

Did the Arabs oppose the creation of a Jewish State at San Remo? The answer is a resounding NO!

Emir Feisal and Chaim Weizmann, 1918.

At that time they were focused on the creation of independent Arab states and had no objection to the establishment of a tiny Jewish state in Palestine. This was formalized in the Weizmann-Feisal agreement which led to the League of Nations recognizing the Land of Israel (then Palestine) as the homeland of the Jewish people.

Here is part of the text of the agreement (see link below for full text). Note that Feisal distinguishes “The Arab State” from “Palestine” which is understood to mean “The Jewish State”:

“His Royal Highness the Emir Feisal, representing and acting on behalf of the Arab Kingdom of Hejaz, and Dr. Chaim Weizmann, representing and acting on behalf of the Zionist Organization, mindful of the racial kinship and ancient bonds existing between the Arabs and the Jewish people, and realizing that the surest means of working out the consummation of their national aspirations, is through the closest possible collaboration in the development of the Arab State and Palestine, and being desirous further of confirming the good understanding which exists between them, have agreed upon the following articles…

The Arab State and Palestine in all their relations and undertakings shall be controlled by the most cordial goodwill and understanding and to this end Arab and Jewish duly accredited agents shall be established and maintained in their respective territories…

In the establishment of the Constitution and Administration of Palestine all such measures shall be adopted as will afford the fullest guarantees for carrying into effect the British Government’s Declaration of the 2nd of November, 1917 (the Balfour Declaration)…

All necessary measures will be taken to encourage and stimulate immigration of Jews into Palestine on a large scale, and as quickly as possible to settle Jewish immigrants upon the land through closer settlement and intensive cultivation of the soil. In taking such measures the Arab peasants and tenant farmers shall be protected in their rights, and shall be assisted in forwarding their economic development.”

In the following video you can watch first-hand testimony by one of the British diplomats who was actually in the negotiation rooms about how the Emir Faisal and Lawrence of Arabia both supported the establishment of a Jewish homeland in Israel, and how the document known as the Faisal-Weizmann Agreement came about:

At 2:30 watch how the Jewish Legion fought alongside the Arabs and British to capture the east bank of the Jordan river from the Ottomans in 1918.

At 4:30 watch Anwar Nusseibeh explain how Arabs in Palestine saw themselves as pan-Arabists who were part of Syria. They did not have any notion of an independent “Palestinian people” and no separate identity beyond pan-Arabism.

At 9:20 watch Noble Peace Prize winner Philip Noel Baker explain how Faisal and T.E. Lawrence (Lawrence of Arabia) convinced him to support Zionism.

Emir Faisal, the sole recognized representative of the entire Arab people in 1918, fully supported the claim of the Jewish people to their historic homeland, while he had his eyes on the bigger prize: Syria, Jordan, Saudi Arabia, Iraq, Lebanon, Egypt (none of which were independent before WW I). In fact, very few of today’s nation-states existed before World-War I.

Let this sink in for a moment: before the San Remo conference there did not exist a single Arab independent nation state. Not one. All 22 Arab states that exist today (as part of the Arab League) became nation states either as a direct result of the San Remo conference, or much later. Therefore, the legitimacy of Israel as a Jewish state is exactly equal or greater to the legitimacy of any of the Arab nation states.

Indeed, World-War I is considered the dawn of most modern nation-states. Four massive empires crumbled in its aftermath and were divided up into nation-states: The German, Austro-Hungarian, Russian and Ottoman empires. At that time, nations that had aspirations for self-determination stepped forward and presented their claims for independence to the League of Nations (the precursor to the United Nations). The Arabs stepped up as one single unified nation, and the Jews stepped up as another.

As you can see from eyewitness reports in the video above, the Arabs of Palestine viewed themselves as Syrian and as pan-Arabs. They had no aspirations for independence. Only later, once they secured all the rest of their Arab lands, did the Arabs change their story and put the Land of Israel under the microscope, redefining the conflict as Jews against Palestinian Arabs within that small territory, rather than what it originally was: returning a small patch of Ottoman empire land to its rightful owners, the Jewish people, while dividing 99% of the land among the Arabs.

The results of the Paris (1918) and San Remo (1920) conferences of the League of Nations was the Mandate for Palestine, granted to the British government for the sole purpose of establishing a Jewish homeland in the Land of Israel:

Fifty-one member countries – the entire League of Nations – unanimously declared on July 24, 1922:

“Whereas recognition has been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country.”

There are two key legal points in the above statement (as pointed out by Dore Gold in the video at the end of the blog) which establish the Jewish people as the indigenous people of Palestine, and shatter the “Zionists are Colonialists” fallacy.

1. It recognizes that the “historical connection of the Jewish people with Palestine” is a pre-existing right (“grounds for“), not a newly-granted right.
2. It calls for “reconstituting” their national home, not building a new national home from scratch.

It is essential that we protect the truth that formal recognition of Israel as the Jewish national home became binding international law not in 1947 or 1948, but in 1920, when the resolutions of the San Remo conference were included as part of the Treaty of Sèvres (August 1920), and were adopted and signed unanimously by all 51 countries of the League Of Nations.

You can also find more detailed information about the San Remo conference and the legal foundations of Israel as the Jewish homeland at Eli Hertz’s excellent website: http://www.mythsandfacts.org/. This includes a printable PDF and a PowerPoint Presentation which you can use to present this material.

Senators Sanders, Warren push resolution decrying PM’s West Bank annexation idea

Shame on the Democrats! They forget the Anglo-American Treaty of 1924 and the fact that they ratified that Treaty (by the Senate) February 20, 1925; it (the Mandate for Palestine) became the “Supreme Law of the Land!”
Judea and Samaria are Treaty Lands under the Anglo-American Treaty of 1924 and the Treaty of Sevres! Read Article 5 of the Anglo-American Treaty of 1924; which stipulates that no Israeli (read Palestine) “territory shall be ceded or leased to, or in any way placed under the control of, the Government of any foreign Power.”

IS ISRAEL OCCUPYING THE WEST BANK?

Think Israel

By Howard Grief

PART 1.   A LEGAL DISCOURSE ON OCCUPATIONIt was a nerve-racking experience to attend an international conference of distinguished jurists on “Forty Years after 1967: Reappraising the Role and Limits of the Legal Discourse on Occupation in the Israeli-Palestinian Context”, held on June 5-7, 2007 in Jerusalem and Tel-Aviv. This event was sponsored by three organizations promoting international humanitarian law, human rights and Israeli-Arab co-existence: The Minerva Center for Human Rights, based at the Hebrew University of Jerusalem, the International Committee of the Red Cross and the Konrad Adenauer Foundation. All the speakers and panelists referred repeatedly to Israel’s “occupation” of “Palestinian territory”, and alleged that the “West Bank” and Gaza are “occupied territories” under international law and that Israel’s legal status in those territories is that of an “Occupying Power”. No dissenting voices were heard, though one jurist, Prof. Yaffa Zilbershatz of Bar-Ilan University did say that the “occupation” was legally established within the framework of international law. I came to the conference as an observer to witness in person the folly and self-flagellation of Israel’s legal elite who give vent to the most anti-Zionist and pro-Arab contentions in scholarly fashion. It was disgraceful to hear speaker after speaker holding the same unshakable assumption, that Israel is in serious breach of the laws of belligerent occupation, as laid down in the Hague Regulations of 1907 and the Fourth Geneva Convention of 1949, particularly as regards the establishment of “illegal” settlements in the “occupied territories” and its unmet obligations as an “Occupying Power” towards the Arabs.

The only conclusion that can be drawn from this Conference is that the Law Faculties of Israeli Universities are filled with professors and legal scholars who advocate the Arab case concerning the “occupation”, and who have indoctrinated their impressionable students with the same injurious views. By railing against the “occupation”, the legal scholars who populate the law faculties libel and berate their own country and encourage foreign scholars to join in the castigation of Israel for perpetuating the “occupation”. Not least of all, they give aid and comfort to Israel’s enemies.

It is becoming more and more difficult to refute the falsehood of “occupation”, because this unfounded accusation has been given credence by no less an august institution than the Supreme Court of Israel. Beginning principally with the 1979 Eilon Moreh case and extending to recent cases involving the erection of the security fence and the Disengagement Implementation Law, the Court has affirmed that Israel is indeed an Occupying Power in Judea, Samaria and Gaza and governs these territories by virtue of the rules of belligerent occupation, exactly as Arab leaders have maintained. To overturn this libelous falsehood, it would require a special law to be passed by the Knesset, a law affirming Jewish legal rights to all parts of the Land of Israel, especially the so-called areas under “occupation”. Such a law must state specifically that Israel does not occupy — in the legal sense — any area of the Land of Israel.
THE IDEA THAT Judea, Samaria and Gaza are under Israel’s “occupation” was born on June 6-7, 1967, when the Israel Defense Forces overran and repossessed these territories in the Six-Day War and the National Unity Government headed by Levi Eshkol instantly applied Article 43 of the Hague Regulations to keep the existing laws in force. The invoking of this article of international law by the Government was based on the legal advice of then Military Advocate General and future Supreme Court President Meir Shamgar, as well as several others who concurred in that decision. However, this step was in direct contradiction to the existing Israeli constitutional law embodied in the law known as the Area of Jurisdiction and Powers Ordinance enacted by the Provisional State Council on September 16, 1948, and two proclamations that were issued by Prime Minister and Defense Minister David Ben-Gurion just prior to the enactment of this law. These two proclamations — the Jerusalem Proclamation of August 2, 1948 and the Land of Israel Proclamation of September 2, 1948 — required the application of the law of the State to areas of the Land of Israel re-conquered by the IDF outside of the recommended UN partition borders of November 29, 1947. Both the law and the two Proclamations were made retroactive to May 15, 1948, thus creating one legal aggregate upon which to base future annexations of re-conquered territory that was part of the Land of Israel.

In contrast to the practice followed by Ben-Gurion’s Government in 1948, the Eshkol government in 1967 applied not only the Hague Regulations relating to “occupied territories”, but also the provisions of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War. This gave birth to the assumption in the eyes of the world and in Israel itself that the liberated territories of the Land of Israel and the Jewish National Home were indeed “occupied territories”. Israel chose to apply the Fourth Geneva Convention voluntarily and not to annex the liberated territories (except for eastern Jerusalem and the Golan Heights) out of demographic concerns and to keep alive the hope of signing peace treaties with the neighboring Arab states. But this provided no justification for the violation of the existing constitutional law or for failing to apply the law of the State to the liberated territories as Ben-Gurion did in 1948.

The term “occupation” is defined in article 42 of the Hague Regulations, where it states that “territory is considered occupied when it is actually placed under the authority of the hostile army and the occupation extends only to the territory where such authority has been established and can be exercised”. The premise of Article 42 is that the territory in question belongs to the Occupied Hostile State which lost this territory in a war with the Occupying State. Since Jordan was never the legitimate sovereign of Judea and Samaria — its occupation of this territory during the 1948-1949 Israeli War of Liberation has always been unacceptable under international law — there never was any “occupation” of Jordanian territory. For the same reason, under neither the Hague Rules nor the Fourth Geneva Convention was there any “occupation” of the Gaza Strip, since Egypt was never the sovereign of that territory and, in fact, never claimed to be. Furthermore, the term “occupied Palestinian territory” is a non sequitur, since with the termination of the Mandate for Palestine there is no state called “Palestine” from which any land was taken in war, and the laws of belligerent occupation apply only to independent states and not to non-state entities such as the “Palestinian Authority” and the so-called “Palestinian People”. In truth, the areas of Mandated Palestine that are said to be under Israel’s occupation are actually integral parts of the Jewish National Home and belong to the Jewish People under both Israeli constitutional law and international law as decided in the post-World War One global settlement and the carving-up of the Ottoman Turkish Empire.

The Jewish National Home is not merely a meaningless phrase or slogan. It was and still is a concept of international law that was accepted by the 52 member states of the League of Nations which confirmed the Mandate for Palestine on July 24, 1922. In addition, the United States approved the boundaries of the Jewish National Home, including Judea, Samaria and Gaza, when it signed a treaty with Great Britain respecting the Mandate on December 3, 1924; this treaty was then proclaimed by President Calvin Coolidge on December 5, 1925 as part of the law of the United States. The boundaries of Mandated Palestine were those previously set down in the Franco-British Boundary Convention of December 23, 1920 and embraced all the so-called “occupied territories” of today.

The first and most important speaker at the Conference was Prof. Yoram Dinstein of Tel-Aviv University. In his opinion, as stated personally to the present writer, the Arabs of Palestine inherited the rights of the ousted sovereign Jordan, which transferred those rights to the “Palestinians” as a result of King Hussein’s Declaration of July 31, 1988 dissolving Jordan’s legal and administrative links with the West Bank. Dinstein’s opinion is untenable since, as already noted, Jordan was never the recognized or legitimate holder of sovereignty over what it called its “West Bank”. It acquired this territory in May 1948 through an unprovoked act of aggression against the nascent Jewish State; it had no right to this territory and then illegally annexed it two years later. Only two countries recognized this illegal annexation, Pakistan and Great Britain, though the latter did not recognize the Jordanian appropriation of the eastern part of Jerusalem. Not even the Arab League of states recognized the Jordanian annexation of the conquered areas of Mandated Palestine.

There remains only one way to end the myth of Israeli “occupation” of lands that belong by law to the Jewish People. A future Government of Israel must abolish the military regime adopted in June 1967 for Judea, Samaria and Gaza, and replace the existing military laws and regulations with the law of the State of Israel.
PART 2.   THE OCCUPATION OF YESHA: A LEGAL ASSESSMENT Many Israeli and foreign jurists assume that Israel has violated the Hague Regulations of 1907 and the Fourth Geneva Convention of 1949, when it allowed Jewish communities to be built in Yehuda (Judea), Shomron (Samaria) and Gaza — collectively, YESHA. Even Israel’s Supreme Court has affirmed that Israel is an Occupying Power in these areas, having the right of governing them only by virtue of those Conventions. But is that true?

Since 1967, when the Israel Defense Forces conquered YESHA (as well as the Golan Heights and Sinai), successive Israeli governments applied Article 43 of the Hague Regulations, thereby retaining the existing laws of its former rulers. Invoking this article of international law was based on the legal advice of Meir Shamgar, Military Advocate-General in 1967 and later Supreme Court President, and others. This decision, however, directly contradicted existing Israeli constitutional law, the Area of Jurisdiction and Powers Ordinance enacted by the Provisional State Council on September 16, 1948, and two earlier proclamations issued by Prime Minister and Defense Minister, David Ben-Gurion.

The Jerusalem Proclamation of August 2, 1948 and the Land of Israel Proclamation of September 2, 1948 required the application of Israeli law to all areas of the Land of Israel re-possessed by the IDF beyond the UN partition borders of November 29, 1947. Both the law and the Proclamations were made retroactive to May 15, 1948, thus creating one legal aggregate upon which to base future annexations of re-conquered territory that was part of the Land of Israel and the internationally recognized Jewish National Home.

In contrast to the practice followed by Ben-Gurion’s Government in 1948, the Eshkol National Unity Government in 1967 applied not only the Hague Regulations relating to “occupied territories”, but also the provisions of the Fourth Geneva Convention. This gave birth to the assumption that the liberated territories of the Land of Israel and the Jewish National Home were indeed “occupied territories”.

Israel chose to apply the Fourth Geneva Convention voluntarily and did not annex the liberated territories (except for eastern Jerusalem and the Golan Heights) out of demographic concerns and to keep alive the hope that neighboring Arab states would make peace. But this provided no justification for the violation of existing constitutional law, or for failing to apply the law of the State to the liberated territories, as Ben-Gurion did in 1948.
THE TERM “OCCUPATION”, DEFINED IN ARTICLE 42 of the Hague Regulations, refers to territory that is “actually placed under the authority of the hostile army and the occupation extends only to the territory where such authority has been established and can be exercised.”

The premise of Article 42 is that territory which belonged to an Occupied State and was lost in war with the Occupying State cannot be claimed or annexed by the latter. Since Jordan was never the legitimate sovereign of Judea and Samaria — its occupation of this territory during the 1948-1949 Israeli War of Liberation has always been unacceptable under international law — there never was any “occupation” of Jordanian territory. For the same reason, neither under the Hague Rules nor the Fourth Geneva Convention was there any “occupation” of the Gaza Strip, since Egypt was never the sovereign of that territory and, in fact, never claimed to be.

Furthermore, the term “occupied Palestinian territory” is a non sequitur, since with the termination of the British Mandate for Palestine there is no state called “Palestine” from which any land was taken in war, and the laws of belligerent occupation apply only to independent states — not to non-state entities such as the “Palestinian Authority” or the so-called “Palestinian People”.

Areas of Palestine which were under the British Mandate that are said to be under “Israeli occupation” are actually integral parts of the Jewish National Home and belong to the Jewish People under both Israeli constitutional law and several international agreements concluded immediately after World War One, which constitute the real international law that is today conveniently forgotten by those alleging Israeli occupation of YESHA.

The belief that Palestinian Arabs inherited national and political rights from Jordan, which King Hussein then transferred to the “Palestinians” on July 31, 1988 when he dissolved Jordan’s legal and administrative links with the West Bank has no legal basis. Since it acquired this territory through an unprovoked act of aggression, Jordan had no right to this territory. Not even the Arab League recognized the Jordanian annexation of the conquered areas of Mandated Palestine.

To repeat the conclusion from Part 1: to end the myth of Israeli “occupation”, the Israeli government must abolish the military regime adopted in June 1967 for Judea, Samaria and Gaza, and replace the existing military laws and regulations with the law of the State of Israel.

[*] The proper names for the West Bank are Samaria and Judea — Samaria is the land north of Jerusalem; Judea is the land south of Jerusalem. These names were used in Biblical times and throughout the centuries, until (Trans)Jordan invaded the territory in 1948, renaming the area the “West Bank”.

Howard Grief was born in Montreal, Canada and made aliyah in 1989. He served as a legal advisor to Professor Yuval Ne’eman at the Ministry of Energy and Infrastructure in matters of international law pertaining to the Land of Israel and Jewish rights thereto. He is a Jerusalem-based attorney and notary, as well as a specialist in Israeli constitutional law. In October 1993, he wrote the first of several articles denouncing the illegal agreements Israel made with the PLO that appeared in the pages of Nativ and elsewhere. He is the founder and director of the Office for Israeli Constitutional Law.

Part one was submitted June 10, 2007; part 2 June 20, 2007.

[Editor’s note: You can read Howard Grief, “The Origin of the Occupation Myth,” by clicking here. And his article on “Legal Rights and Title of Sovereignty of the Jewish People to the Land of Israel and Palestine under International Law” can be read here.]

 

Iran is ‘six months away from an atomic bomb’

Arutz Sheva – Israel National News

Former IAEA official says Israel, Gulf states, ‘need to be worried’ about Iran’s emerging nuclear abilities.

 

Yoni Kempinski, 05/06/19 10:31

 

Missiles in Tehran

Missiles in Tehran

REUTERS

Olli Heinonen, who headed the International Atomic Energy Agency’s (IAEA) security team and served as the organizations’ deputy director general, on Wednesday morning told Army Radio that Israelis on the whole are not aware of the severity of the Iranian threat.

“Israelis need to be worried, and the Gulf states also have reason for concern,” Heinonen said. “How will you be able to ensure your security if Iran achieves nuclear abilities?”

In the full interview, which will be aired Thursday morning, Heinonen said that despite IAEA’s claims, Iran can develop nuclear weapons in up to six to eight months.

Slamming IAEA’s handling of the threat, Heinonen said the agency ignores Tehran’s race to achieve nuclear weapons. In his opinion, even the Trump administration’s decision to leave the Joint Comprehensive Plan of Action (JCPOA) or “Iran deal” serves Iran’s purposes.

“The Ayatollahs can handle the new sanctions, and in the meantime they’re making new centrifuges,” he explained.