Inalienable and Unalienable Sovereign Title to Eretz Yisrael

The Supreme Court of Canada in Delgamuukw v. British Columbia, has decided that, where a First Nation maintains demographic and cultural connections with the land, aboriginal title (including self-government rights) can survive both sovereignty changes and the influx of a new majority population, resulting from foreign conquest.

In light of the holding in Delgamuukw v. British Columbia, [1997] 3 SCR 1010 (Case Number 23799), Jews have maintained sovereign title, as an indigenous population, to all of Eretz Yisrael, east and west of the Jordan River, since King David…!

The so called “West Bank” (i.e. “Judea, Samaria/Shomron”) has always been a Jewish demographic and cultural population center and title to the territory has never passed from Jewish sovereignty to another sovereign since colonial dispossession by conquest cannot divest aboriginal title including the right to self-determinism. (That is, international law does not admit acquisition of title by conquest.)

Since only Jews are indigenous to these Tribal Treaty Territories; it must be admitted that Arabs (indigenous to Arabia, e.g. the Kingdom of the Hejaz) are foreign conquerers (colonialists) and, pursuant to treaty law have no political rights within sovereign Jewish territory (the Mandate for Palestine) by virtue of the Treaty of Versailles as the Arabs were guaranteed political rights and acquired political independence within the Mandates for Mesopotamia [Iraq], Syria and Lebanon; and, as Jews have maintained a continuous presence in Eretz Yisrael in spite of foreign conquests and attempts at colonial dispossession; the inalienable and unalienable Jewish historical right to sovereign title, including the right to self-government was recognized by the League of Nations at the San Remo Conference of 1920.

The inalienable and unalienable right to self-determinism by the Jewish People within Treaty Territory (Eretz Yisrael-Palestine) is guaranteed by the Anglo-American Treaty of 1924, was consented to by the Arabs pursuant to the Faisal-Weizmann Agreement of 1919 and is enshrined in International Law by virtue of Article 80 of the United Nations Charter.

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