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:
- 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.
- 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.