The “Deal of the Century” & “Close Jewish Settlement”

The right to “Close Jewish Settlement” is perfectly legal under Article 6 of the Anglo-American Treaty of 1924. This is the Supreme Law of the USA and is American Public Policy since the right is an Acquired Legal Right under Treaty Law (e.g. the San Remo Resolution and the Treaty of Versailles).

Lest the American (Trump) Administration forget, political rights for Arabs were granted through the Mandates for Mesopotamia (Iraq), Syria and Lebanon via the Treaty of Versailles; while political rights within “Palestine” (Eretz Yisrael) were granted exclusively to the Jewish People!

Article VI of the U.S. Constitution labels treaties as the “Supreme Law of the Land” and instructs judges to enforce the performance of the specific obligations of the Nation’s treaties:”…all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby…”Though the 1924 Anglo-American Convention expired when the Mandate for Palestine was terminated midnight May 14/15, 1948, the principle of “Acquired Legal Rights,” as defined in the 1969 Vienna Convention on the Law of Treaties, Article 70(1)(b), dictates that rights recognized and protected under a treaty do not expire or terminate when the legal instrument recognizing the rights is terminated. In other words, rights continue without end.

Moreover, Article 80 of the UN Charter provides:

Article 80

  1. Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trusteeship system, and until such agreements have been concluded, nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties.
  2. Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion of agreements for placing mandated and other territories under the trusteeship system as provided for in Article 77.

Article 80 has been defined as the “Jewish People’s Clause”

After World War II, Benzion Netanyahu, along with Irgun activist Peter Bergson, nephew of Mandatory Palestine Chief Rabbi Abraham Isaac Kook, and liberal American Rabbi Stephen S. Wise, drafted an article for inclusion in the United Nations Charter that could yet save the Jewish state.
The article became known as the “Palestine clause” for the protection it afforded to the right of Jewish settlement throughout the Land of Israel west of the Jordan River. Article 80 extended the guarantees to Jews afforded by the League of Nations Mandate for Palestine following World War I. The Mandate had recognized “the historical connection of the Jewish people with Palestine” and “the legitimacy of grounds for reconstituting their national home in that country.” Jews were guaranteed “the right of close settlement” throughout Palestine.
But where was “Palestine”? According to the Mandate, it comprised the land east and west of the Jordan River, stretching from Iraq to the Mediterranean. Jewish settlement rights in Palestine were limited only in one respect: Great Britain, the Mandatory Trustee, was empowered to “postpone” or “withhold” the right of Jews to settle east — but not west — of the Jordan River.

An Open Letter: MK Smotrich

MK Smotrich:

Shalom.
You should present a Bill before the Knesset to amend the Law of Return to
“Collectively Naturalize” all Jews of the Diaspora. Please see my case for doing so in my below forwarded email to Rav Netanyahu.
Also, as to why I oppose a Palestinian state and the return of the Arabs of Palestinian extraction to Eretz Yisrael, see below wherein I posit that they were collectively naturalized and acquired national autonomy in December 1948-49!
The so called Palestinians cannot acquire “national autonomy” in Judea and Samaria because within the meaning of International Law they all-ready have Jordanian citizenship; they are classified as belligerent nationals of Jordan due to their POLITICAL STATUS vis-a-vis the Hashemites, (“Black September” and their militant opposition to Zionism and M’dinat Yisrael). See: Bishop, International Law, Cases and Materials, Second Edition, Little, Brown & Co. 1962 @pp. 338-39.
Unlawful enemy combatant, or Mercenaries status might apply to some of their populous, but whatever the case, they acquired “NATIONAL AUTONOMY” at the Jericho Conference December 1948 within the meaning of international law!
It can be easily argued that the Kingdom of Jordan was established in violation of Treaty Law ( See: <https://johnmhummasti333455225.com/2018/09/05/the-hashemite-kingdom-of-jordan/> and that Treaty Law requires the Hashemites to cede to M’dinat Yisrael the Eastern Territories of Gad, Reuven and Manasseh as per the Faisal-Weissman Agreement/Map!

In closing, When the time comes for a Plenum Vote on Palestinian Statehood in the Knesset, Vote No for Palestinian Statehood and declare Oslo null and void or dead!!! Additionally, See Article 20 Charter, Tzionist Liberation Organization.
Kol tov,
Yochanan Ezra ben Avraham
(John Mauritz Hummasti)

antisemitism, amending the the Israeli Law of Return, the Diaspora and UNGA Resolution 194(11)

B”H

Rabbi (Et. Al.) –

 

My thoughts on the rise of antisemitism, amending the the Israeli Law of Return, the Diaspora and UNGA Resolution 194(11) :

First, “Anti-Semitism has become mainstream – from the halls of Congress to the leader of the opposition in Britain,” Ya’acov Berman, Chabad Activist, NY.

In order to counter “antisemitism” and the [Palestinian] Arab’s claim for a right of return based on UNGA Resolution 194 (11); the State of Israel should amend the Law of Return and collectively naturalize (viz “PATRIATE”) all Jews of the Diaspora (e.g. Orthodox, Conservative and Reform) under the Law of Return – In this way, all Jews would be provided Israeli Consular Services and “enhanced protection services” at Synagogues and Jewish Community Centers would be ensured  and Jews would outnumber, that is, hold a demographic majority over the Arabs even if all Arabs of Palestinian extraction were absorbed by M’dinat Yisrael (the State of Israel)!
Second, UNGA Resolution 194(11) is premised on two conditions: the “return of Palestinians to Eretz Yisrael at the earliest practicable date, & on those wishing to live at peace with their neighbor” – Given the rise in antisemitism in the Arab world it does not appear that the Palestinians wish to live at peace with their Jewish neighbor.
The earliest practicable date at which the Palestinians could have “returned to Eretz Yisrael” is any time before they were “collectively naturalized” by King Abdullah I which is December 13, 1949. See my argument below for why they chose their status in international law; whether or not that decision was a good one or a bad one is not my concern. The Palestinian’s case is one against the Hashemites, not the State of Israel.

According to wikipedia – the total number of people who hold or are eligible for Israeli citizenship under the Law of Return — defined as anyone with at least one Jewish grandparent, and who does not profess any other religion — is estimated at around 23 million, of which 6.6 million were living in Israel as of 2015. Figures for these expanded categories are less precise than for the core Jewish population.

Based on these 2015 figures, there are an estimated 17 million Jews in the Diaspora who are eligible for Israeli citizenship under the Law of Return. This number may not include the number of converts to Judaism or those Anusim (descendants of Jews forced to convert to a non-Jewish religion) who might be eligible under the Law of Return.

****

King Abdullah I of Jordan collectively naturalized all Arabs of Palestinian extraction.
The subject of collective naturalization is discussed at length in Boyd v. Thayer, 143 U. S. 135, (1892) and many cases cited and illustrations given.

Collective Naturalization can occur by legislation or by treaty.

In the case of Jordan –

On December 13, 1949, King Abdullah of Jordan passed a law amending the Law of Nationality of 1928. Accordingly, Jordanian citizenship was granted to all persons who were holding Palestinian citizenship and were habitually residing in Transjordan or in the “western area that [was] administered by the Hashemite Kingdom of Jordan” (i.e., Jerusalem and the West Bank). (Of note is that this law excluded Jews from possessing Jordanian citizenship! But of course the Jews were ethnically cleansed from Jordan and Judea and Samaria by the Hashemites in violation of Article 15 of the Mandate for Palestine and the Anglo-American Treaty of 1924 –

Talk about APARTHEID….)

(On the matter of why the Hashemite Kingdom of Jordan was established in violation of Articles 5, 15, and 25 I can make a clear argument on each point but that is not the purpose of this –  Article 15 states, “No person shall be excluded from Palestine on the sole ground of his religious belief.” The ethnic cleansing of Jews from “Palestine” was an official act of antisemitism. No different than that of the ethnic cleansing of the rest of the Jews of the “Middle East Diaspora”…! The Anglo-American Treaty of 1924 while it replicated the Mandate for Palestine, and has expired; the right guaranteed under it to the Jewish People [see Article 80 of the UN Charter] do not expire. This is particularly true since that Treaty became the Supreme Law of the Land (USA) under our Constitutional law system, [enshrining the Mandate for Palestine and the Balfour Declaration into the official PUBLIC policy of the USA] see Howard Grief’s Book: The Legal Foundation and Borders of Israel under International Law (9789657344521).)

On April 11, 1950, parliamentary elections took place in Jordan, covering both the East Bank and the West Bank, including East Jerusalem. Following these elections, the Jordanian House of Commons approved the amended law and parliament’s decision concerning the “unification of the two Banks.” Thus, Palestinians who were living in East Jerusalem and the West Bank became Jordanian citizens [by collective naturalization].
The recent de-naturalization of Jordanian citizens of “Palestinian Extraction” by King Hussein and by King Abdullah II has been found to violate the Jordanian Nationality Law. See HRW Report “Stateless Again” – The act of “disengagement” from Judea and Samaria by the Hashemites and declaring those Arabs of Palestinian Extraction (who have been de-naturalized) as Palestinian Citizens can not confer “Palestinian citizenship” on them as Palestine is not a state under the criteria of “Statehood” and must be viewed as a political stratagem designed to demographically destroy the State of Israel! (See Joel Gilbert’s documentary, “Farewell Israel” – Bush, Iran and the Revolt of Islam.) His attempt to cede Judea and Samaria in 1988 to the PLO is null and void as he renounced all claims to “the West Bank” and “what was not his to begin with was not within his power to cede!”
King Hussein explained his decision as one of deference to Palestinian wishes for national autonomy.
This statement flies in the face of the Jericho Conference of December 1948 led by Sheik Muhammad Ali Ja’abari, Mayor of Hebron and the April 1950 Parliamentary Elections wherein the Arabs of Palestinian Extraction exercised political independence and elected King Abdullah as their Sovereign!
Thus, the Palestinians acquired national autonomy when their duly elected representatives voted at the Jericho Conference in December 1948. Within a year all “non-Jewish Palestinians” were all “collectively naturalized” with the consent of the people through their elected Monarch, Abdullah I.
Just because the Hashemites have suspended the rights of the Arabs in the Lower House of Deputies and de-naturalized them should not place the onus on the State of Israel to accommodate them with a “right of return” under UNGA Res. 194(11) as they have exercised “self-determinism” under the Jericho Conference and the April 1950 Parliamentary Elections.
The US Dept. of State 1950 Report states the Jericho Conference determined the political status of the Arabs of “Central” Palestine “which took place as a result of a free expression of the will of the people.” Foreign relations of the United States, 1950. The Near East, South Asia, and Africa Volume V, Page 1096
How many times do the “Palestinians” get to decide their political status? It is evident that they chose their status (as monarchists) and are barred by the doctrine of estoppel in pais from asserting a claim of the “right of return” (to wit, a claim of Palestinian Citizenship) based on inconsistent “political” positions.
Anyways, these are my thoughts on the subject of Collective Naturalization.
Be well, blessed and a success,
Yochanan Ezra ben Avraham

Ancient Genealogical Records Prove King David’s Descendants Are Alive Today

Breaking Israel News

“Then I will establish the throne of thy kingdom over Yisrael for ever; according as I promised to David thy father, saying: There shall not fail thee a man upon the throne of Yisrael.” I Kings 9:5 (The Israel Bible™)

It might come as a shock to many to learn that hundreds of descendants of King David are alive today, with verifiable family trees dating back 90 generations, and that the royal Davidic dynasty could potentially be established today in Israel.

Though some may be skeptical of the genealogical proof, many secular researchers of genealogy have studied the line of David. The research is facilitated by the fact that a number of European monarchs throughout history have gone to great lengths to prove family ties to the Davidic Dynasty, and a solid ancestry has been established.

Within the Jewish community, genealogical studies have shown several families that can claim descent ben akhar ben (father to son) in a direct line, most notably the Dayan, Shealtiel and Charlap/Don Yechia families. Most of these families come from Aleppo, Syria.

Susan Roth (Davidic Dynasty)
Susan Roth (Davidic Dynasty)

Susan Roth founded the Davidic Dynasty organization in 2000 to gather and reunite Davidic descendants in the Holy City of Jerusalem. Roth has a personal interest as well, tracing her lineage back to King David through Rabbi Shlomo Yitzchaki, the preeminent 11th century French Torah scholar known by the acronym Rashi.

Her registry currently lists approximately 150 descendants who have verifiable descent to King David. However, efforts to introduce this reality into mainstream Judaism have met with surprising resistance.

When she first compiled her list, Roth contacted Israel’s Chief Rabbinate to inform them of her registry but, surprisingly, they expressed no interest.

“They were shocked, but they never followed up. My interest was simply to do God’s will, but they understood it as a political agenda. They don’t want King David’s dynasty and they don’t want Moshiach (Messiah),” Roth told Breaking Israel News.

“Even though it is clear Moshiach is here. He is just hiding,” she added.

Mitch Dayan claims descent from King David. (Courtesy)
Mitchell Dayan  (Courtesy)

One of her discoveries was Mitchell Dayan. In 1983, Dayan was mourning for his brother. Amazed at the number of visitors who claimed to be from his family, he began to research his genealogy. Dayan’s research led him to a book called Yashir Moshe, a commentary on Song of Songs written in 1864 by Rabbi Moshe Dayan. In the prologue to the book, the rabbi lists his genealogy, leading back to King David. In this list, Mitchell found the name of his great grandfather from Aleppo.

Another genealogic list was found in the Cairo geniza, a storehouse of over 300,000 Jewish documents discovered in the late 1800’s. The two lists were almost identical, despite the Cairo list being compiled hundreds of years earlier. Through these sources, Mitchell Dayan was able to verify his lineage back 87 generations to King David.

“The actual descendants may not know it but there are descendants of King David alive today,” Dayan told Breaking Israel News. “This was prophesied in the Bible but it is also fact. Politics are irrelevant. It is going to happen, one day or another.”

For thus saith Hashem: There shall not be cut off unto David a man to sit upon the throne of the house of YisraelJeremiah 33:17

In 2005, another Dayan, Rabbi Yosef Dayan, was recognized by the nascent Sanhedrin as a direct descendant of King David and, as such, a candidate to re-establish the Davidic Dynasty. Similar to Mitchell Dayan, his discovery came as a result of a death in the family.

Soon after he immigrated to Israel in 1968, Rabbi Dayan buried his grandfather in Jerusalem. He was surprised to see inscribed on the headstone the words “M’Bet David” (from the house of David). Rabbi Dayan discovered that this inscription was a family custom dating back to their origins in Aleppo.

Several years later, Rabbi Dayan received an antique document from a cousin which lists his genealogy, showing him to be the 89th generation from King David. This document was verified by Rabbi Mordechai Eliyahu, the former Chief Sephardi Rabbi of Israel.

“This concept of family tradition is not surprising,” Rabbi Dayan told Breaking Israel News. “The Kohanim (priests) have a family tradition that they are descended from Aaron the Priest, well before King David, and this tradition is totally accepted by the rabbis. This tradition has been proven accurate by DNA testing.”

Rabbi Dayan is disappointed by the lack of acceptance by rabbinic authorities and mainstream Judaism.

Rabbi Yosef Dayan. (Screenshot)
Rabbi Yosef Dayan. (Screenshot)

“Just as the Kohanic tradition is accepted, the same should be true for the descendants of King David, but even more so,” Rabbi Dayan said. “We have written family trees, and our tradition is engraved on gravestones for the offspring to take note of their ancestry.”

Breaking Israel News asked Rabbi Dayan why he thought there exists so much resistance to acknowledging the Davidic Dynasty.

On why there exists so much resistance to acknowledging the Davidic dynasty, Rabbi Dayan explained, “There is a basic error in understanding the Kingdom of David.

“The Moshiach is already here. Moshiach in Hebrew means ‘anointed’. It is not a miracle. The family of David exists and is waiting for Israel to choose one and anoint him.

“By claiming incorrectly that there are no living descendants of King David, the Moshiach becomes dependent upon a miracle from heaven, thereby absolving the rabbis from any responsibility for taking action to bringing the Messiah.”

Bennett’s platform revealed

Arutz Sheva Staff, 28/02/19 08:39

New Right party platform opposes giving away land, supports increased construction in Judea, Samaria, J-lem, applying sovereignty in Area C.

 

 

Bennett

Bennett

Hadas Parush 90

The New Right party is committed to applying Israeli sovereignty in Area C and opposing the release of terrorists. In the political part of its platform, which was obtained by Israel Hayom, it is written, “As long as we are in the government, we will not allow a return to this pattern of returning terrorists, which is morally flawed and destructive.”

In the document, drafted by ministers Ayelet Shaked and Naftali Bennett, the party commits to refraining from handing over territories, and instead to significantly expand construction in Judea, Samaria and Jerusalem.

“We oppose the handing over of our land and the establishment of a Palestinian state in the heart of the Land of Israel. We stand by the value settlement in all parts of Israel, including Judea and Samaria. Jerusalem, the united, is the capital of Israel – we will work to renew the building within united Jerusalem and to realize the potential of Givat Hamatos, Har Homa, Pisgat Ze’ev, the City of David and other neighborhoods … In Samaria and Judea there is enormous potential for building, and we will work for free construction, which will enable the doubling of the Jewish population in the area. ”

The New Right intends to apply Israeli sovereignty in Area C and grant Israeli citizenship to tens of thousands of Arab residents in the area. “The residents of Judea and Samaria are not treated equally in terms of construction and property rights … We support the application of Israeli law to the territories under Israeli control.”

German Ambassador to rabbis: ‘World should know your position’

Arutz Sheva – Israel National News
Mordechai Sones, 18/02/19 21:54

Rabbinical Congress for Peace: ‘Past experience has proven without shadow of doubt any withdrawals only embolden terrorists.’

 

Rabbi's emergency conference for Land of Israel

Rabbi’s emergency conference for Land of Israel

Rabbinical Congress for Peace

A delegation of the Rabbinical Congress for Peace, led by central Tel Aviv Rabbi Joseph Gerlitzky, Shavei Shomron Rabbi Avraham Schreiber, and Chief Rabbinical Justice in Europe and Jerusalem Rabbi Yirmiya Cohen met yesterday with Germany’s ambassador to Israel, Susanne Vassum-Rainer.

The rabbis presented the Ambassador with the halachic ruling based on the universal value of the sanctity of life that it is absolutely forbidden to enter negotiations on an Israeli withdrawal from territories presently under its control. “Past experience has proven without a shadow of a doubt that any withdrawals only embolden the terrorists to increase terrorism and instability in the region,” the rabbis said. The rabbis requested that the Ambassador convey their message to the German government.

Ambassador Wasum-Rainer admitted that this was the first time that the Torah view had been called to her attention and recommended that it be brought to the attention of world public opinion too, however, she said, that her government does not take sides in the conflict. She said that she feels that the Palestinians are entitled to their own independent state as well. Rabbi Gerlitzky responded, “there are millions of Muslims in Germany, and no one thinks of granting them autonomy there.”

Rabbi Yirmiyahu HaCohen showed the ambassador original archaeological findings that prove beyond any doubt that the Jewish people have been in Israel from time immemorial and there is no room for debate on the subject.

Rabbi Schreiber talked about his close rapport that he had with Arabs of Gaza when he served as a rabbi in Gush Katif before the disengagement. “It is clear,” he said, “most of the Arab residents in Gaza were against the disengagement because they do not want to live under Palestinian rule. They enjoyed more freedom and prosperity under Israeli rule.”

The ambassador expressed great interest in what the rabbis had to say and promised to convey their message to senior officials in the German government.

Ambassador Wasum-Rainer and her staff were impressed that the rabbis are not affiliated with any party or any political body, but solely articulated the Torah view on the matter out of genuine concern for the peace and safety of the people in Israel.

Rabbi Joseph Gerlitzky

Sign the Petition: Jerusalem Material Claims Conference Against the Arab League

“We, the undersigned desire to be participants of the conference “Jerusalem Material Claims Conference Against the Arab League”, and hereby declare that we fully support the rights of Jews, Christians and Muslims displaced, expelled or who fled Arab countries, or from Eretz Yisrael (Palestine) to justice, rights and redress. [….] As the organizing body in the Arab world and the organization which drafted legislation against the Jewish communities in 1947, we hold the Arab League responsible for the exodus of Jews from Arab countries.”

Furthermore, we the undersigned hereby Petition the World Jewish Congress to hold a “material claims conference” in Jerusalem patterned after the 1952 Luxembourg Reparations Agreement, the UN Compensation Commission and Fund, together with the Canadian Treaty Land Entitlement Agreements to effect a just and lasting peace for the Indigenous Peoples of the Middle East that land reserves for “close Jewish and Arab settlement” in historical “Eretz Yisrael” (Palestine) be “set aside” under a trusteeship agreement to secure reparations and restitution against the Arab League for the 1947 Draft Law of the Political Committee of the Arab League and expulsion of the Jews from Arab Countries, North Africa and the Persian Gulf as documented by Justice for Jews from Arab Countries; and for the refusal of the Arab League states to patriate by collective naturalization “Arabs of Palestinian extraction” and the recent denaturalization of Arabs of Jordanian Nationality who were collectively naturalized by King Abdullah on December 13, 1949.

/s/ Yochanan Ezra ben Avraham