Israeli Sovereignty, Annexation and Uti Possidetis Juris

Israel is not Annexing anything. Israel is applying sovereignty to what is already Israeli territory by treaty law. There is a difference between applying sovereignty and annexing territory…. The Treaty of Sevres and the Treaty of Versailles gave the Jewish Community sovereignty over all of Eretz Yisrael – Simply read the Anglo-American Treaty of 1924.

In order for Israel to Annex Judea and Samaria there would have to be a foreign power who possesses sovereignty over this disputed territory. There is no “foreign power” which has been in possession of Judea and Samaria since the Ottoman Turkish occupation of Eretz-Yisrael/Tzion and by the terms of the Mandate for Palestine, the “Mandatory Power” (viz, the UK) “shall be responsible for seeing that no Palestine territory shall be ceded or leased to, or in any way placed under the control of the Government of any foreign Power.”

Additionally, Article 15 of the Mandate for Palestine stipulates that “No person shall be excluded from Palestine on the sole ground of his religious belief.” As such, the UK’s White Paper was unlawful and Jordan was created (given sovereignty) in violation of Articles 5, 15 and 25 of the Mandate for Palestine and the Anglo-American Treaty of 1924!

There is a principle in International Law that emerging states possess the boundaries of their former administrative districts – uti possidetis juris – one will note that under the terms of Article 25 of the Mandate for Palestine, trans-Jordan was a temporary administrative district…. (The clauses postpone or withhold can only mean a temporary provision and for the administration of the territories can only mean an administration of not a grant of sovereignty to a foreign [viz, Hashemite Arabian] power).

Summarizing the operation of the rule, Steven Ratner explains, “Stated simply, [the doctrine of] uti possidetis [juris] provides that states emerging from decolonization shall presumptively inherit the colonial administrative borders that they held at the time of independence.”

2 thoughts on “Israeli Sovereignty, Annexation and Uti Possidetis Juris

  1. The Fourth Geneva Convention of 1949 – which both the United States and Israel have ratified – establishes that an occupying power shall not FORCIBLY transfer civilians into the territory it occupies.
    Point in Fact: Jews are not forcibly transferred into Judea and Samaria.
    Point in Fact: Israel is not an occupying power as it does not occupy a foreign power’s territory.
    Based on these points in fact the Geneva Convention does not apply.

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  2. Surely one would not espouse that Eretz Yisrael is the sovereign territory of the “All Palestine government” which was seated in Gaza and led by Haj Amin al Husseini, the Mufti of Jerusalem!!! Let’s not even think about the Quest for the Caliphate…!!! The Mufti in his own words: “but also because the Almighty could never award the victory to an unjust cause.” The Times of Israel – (Source: Documents on German Foreign Policy 1918-1945, Series D, Vol XIII, London, 1964.)

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