Self-Determinism

B”H

Israel, as an Indigenous body politic possesses Inalienable and Unalienable Sovereign Title over all of Eretz Yisrael by virtue of a continuous Jewish presence in the Land since King David established Yerushalayim as the Capital of the Kingdom of Yisrael – No amount of military force, attempts at (Arab/Islamic or Crusader) colonial dispossession, ethnic cleansing or terrorist guerrilla warfare can divest the Jewish Community of sovereign title to all of Eretz Yisrael since international law does not recognize acquisition of title by conquest!

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 Jewish right of self-determinism, self-government and “territorial integrity” throughout Eretz Yisrael (“Palestine”) is guaranteed by the Anglo-American Treaty of 1924; and was recognized by the San Remo Resolution of 1920 and consented to by the Arabs via the Faisal-Weizmann Agreement of 1919. (The Arabs [a foreign power having their origins in the Kingdom of the Hajaz] were guaranteed the right of self-determinism, self-government and “territorial integrity” [to wit INDEPENDENCE] in the Mandates for Mesopotamia (Iraq), Syria and Lebanon; while only Jews were guaranteed “POLITICAL RIGHTS” within the Mandate for Palestine!!!)


It would be a violation of Article 5 of the Mandate for Palestine and the Anglo-American Treaty of 1924 to give the PA/PLO sovereignty within Eretz Yisrael (Judea and Shomron/Samaria) as the Arabs are a “foreign power” by virtue of their origins in the Kingdom of the Hajaz and that Article stipulates that “the Mandatory 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.”

Moreover, because the Arabs of Palestinian extraction voted for Abdullah I of trans-Jordan to be their sovereign at the Jericho Conference of December 1948, and were “Collectively Naturalized” by Abdullah I, they cannot now claim a right to secede from the Hashemite Crown and claim a right to self-determinism over Sovereign Jewish territory.

The right to self-determination does not include ‘the right to secede from an established state. Carey, Self-Determination in the Post-Colonial Era: The Case of Quebec, I A.S.I.L.S. L.J. 37 (1977).

Those who do adhere to the principle, however, recognize that it applies only to people who have originally made a choice to be included in a state. Once they have made that initial selection, the nation is defined and not even the right to self-determination justifies secession from the political entity.

See: Emerson, Self-Determination, 65 Am. J. INT’L L. 459, 465 (1971).

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