Rabbi Yosef Tzvi Dushinsky, Chief Rabbi of Jerusalem (1867-1948) “We wish to express our definite opposition to a Jewish state in any part of Palestine.”
“It is obvious to us that all great rabbis of the past unanimously warned to keep far from the Zionists’ opinions and ways, and they proved that according to Jewish law it is forbidden to join them for any purpose.”-Rabbi Hillel Lichtenstein, Krasner Rav (d. 1979)
The Zionist establishment invented and nurtured the idealistic image of the Jews as Hebrew-speaking tzabars — as opposed to the Yiddish Jew. The myth of the tzabar was formed by a culture of immigrants who wanted to see themselves as natives. Maps were redrawn and Arab names of places were ignored or changed to Hebrew names.
This was done not only to transform the immigrants into natives, but also to inherit the place of those who were here before. When Yosef Shlush, one of the founders of Tel Aviv, complained that he was attacked by Arabs, the heads of Jaffa’s Arab clans responded: “Who is at fault for all these incidents if not the Bolsheviks you brought from Moscow?” *
Q: What legal right does a people have to declare a state in a land that has not legally been established as their own?
U.N. General Assembly Resolution 181 neither legally partitioned Palestine nor conferred upon the Zionist leadership any legal authority to unilaterally declare the existence of the Jewish state of Israel.
It merely recommended that the UNSCOP partition plan be accepted and implemented by the concerned parties. Naturally, to have any weight of law, the plan, like any contract, would have to have been formally agreed upon by both parties, which it was not.
Nor could the General Assembly have legally partitioned Palestine or otherwise conferred legal authority for the creation of Israel to the Zionist leadership, as it simply had no such authority to confer.
When the Security Council took up the matter referred to it by the General Assembly, it could come to no consensus on how to proceed with implementing the partition plan.
Arabs owned more land than Jews in every single district in Palestine, including Jerusalem which was already shared by Muslims, Jews and Christians. So, no partition could possibly be a fair deal.
It being apparent that the plan could not be implemented by peaceful means, the suggestion that it be implemented by force was rejected by members of the Security Council.
The simple fact of the matter is that the plan was never implemented.
Numerous delegates from member states, including the U.S., arrived at the conclusion that the plan was impracticable, and, furthermore, that the Security Council had no authority to implement such a plan except by mutual consent by concerned parties, which was absent in this case.
The U.S., Syria, and other member nations were correct in their observations that, while the Security Council did have authority to declare a threat to the peace and authorize the use of force to deal with that and maintain or restore peace and security, it did not have any authority to implement by force a plan to partition Palestine contrary to the will of most of its inhabitants.
Any attempt to usurp such authority by either the General Assembly or the Security Council would have been a prima facie violation of the Charter’s founding principle of respect for the right to self-determination of all peoples, and thus null and void under international law.
In sum, the popular claim that the U.N. “created” Israel is a myth, and Israel’s own claim in its founding document that U.N. Resolution 181 constituted legal authority for Israel’s creation, or otherwise constituted “recognition” by the U.N. of the “right” of the Zionist Jews to expropriate for themselves Arab land and deny to the majority Arab population of that land their own right to self-determination, is a patent fraud.
Further corollaries may be drawn. The disaster inflicted upon Palestine was not inevitable. The U.N. was created for the purpose of preventing such catastrophes. Yet it failed miserably to do so, on numerous counts.
It failed in its duty to refer the legal questions of the claims to Palestine to the International Court of Justice, despite requests from member states to do so.
It failed to use all means within its authority, including the use of armed forces, to maintain peace and prevent the war that was predicted would occur upon the termination of the Mandate.
And most importantly, far from upholding its founding principles, the U.N. effectively acted to prevent the establishment of an independent and democratic state of Palestine, in direct violation of the principles of its own Charter.
The consequences of these and other failures are still witnessed by the world today on a daily basis. Recognition of the grave injustice perpetrated against the Palestinian people in this regard and dispelling such historical myths is essential if a way forward towards peace and reconciliation is to be found.
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