An Open Letter to the NY Times

This email is in response to the article in your on-line paper, “Annexing the West Bank Would Hurt Israel.”
First of all, let me point out that Israel is not Annexing any one else’s territory; the State of Israel is Applying Sovereignty to territory that we Jews have continuously inhabited for centuries and which was allocated to the Jewish People by virtue of Treaty Law (via the San Remo Resolution).
Second of all, the definition of Annexation (Latin ad, to, and nexus, joining) is the administrative action and concept in international law relating to the forcible acquisition of one state’s territory by another state and is generally held to be an illegal act.
In order for Israel to annex the Jordan Valley and Judea and Samaria/Shomron, the territory would have to belong to another sovereignty.
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!!!
The San Remo resolution by the League of Nations gave exclusive political rights in “Palestine” and sovereign title over all of Eretz Yisrael to the Jewish Community via the Mandate for Palestine.
The Arabs were given political rights in the Mandates for Mesopotamia (Iraq), Syria and Lebanon. The Arabs were guaranteed civil and religious rights in Palestine but not Political rights.
Third, it would be a breach of Treaty Law (e.g. the Anglo-American Treaty of 1924) to give sovereign title over Jewish territory to a foreign power such as the PA. That treaty along with the San Remo Resolution (Articles 5, and 6) guarantees Jewish Territorial integrity and close Jewish settlement on the Land and prohibits granting of sovereignty to a foreign power!
As the Hashemite Kingdom of Jordan is a “foreign power” via the Kingdom of the Hejaz, it was a breach of Treaty Law (Articles 5 and 25) to grant sovereignty to the Hashemites. Treaty Law provides that (a) “no person shall be excluded from “Palestine/Eretz Yisrael” on account of his religion” (Article 15); (The Apartheid Jordanian Constitution excludes Jews from acquisition of Jordanian citizenship in violation of Article 15); and, (b) the very terms of Article 25 establish that the grant of sovereignty to the Hashemites was a violation of the  raison d’être of the Mandate for Palestine: a reconstituting of the Jewish National Home for the JEWS!
By it’s terms, Article 25 only provided for the temporary ADMINISTRATION of Eastern Palestine/Eretz Yisrael; not a grant of permission to vest a foreign power with sovereignty in Eretz Yisrael. (postpone or withhold and the administration of can only be construed as temporary provisios of the Mandate!)
Fourth, the Franco-British Boundary Convention (Paulett Newcombe Agreement) of December 1920 established the Borders of Eretz Yisrael.
The act of applying sovereignty is not the same as annexation as one applies sovereignty to territory that is already under one’s sovereign title by treaty law (Treaties of Sevres, Versailles and the Israeli-Jordanian Peace Treaty) …!
It was an unlawful grant of sovereignty to the Hashemites and the annexation of Judea and Samaria by the Hashemites that caused the present problem in “Palestine” and the UK accepted responsibility for their breach of the Mandate when they assumed the status of Trustee as the Mandatory!
As such they, the Arab League and the Hashemites should be held accountable…..
As for a solution to the problem in the Middle East I advise that a material claims conference and claims commission be established as outlined in my posting here:
In closing, in my honest opinion Mr. Pipes is wrong on all points. Application of Sovereignty will be good for the Jews whose standing has been in limbo by virtue of their exercising rights guaranteed to them by Treaty Law.
Yochanan Ezra ben Avraham

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