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Dr. Charles G. Cogan

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The Balfour Declaration and the Rationale for Jewish Settlements in the West Bank

Posted: 08/23/2012 9:51 am

The Balfour Declaration of November 2, 1917 was a recognition by the British Government that a national home for the Jews should be created in Palestine. But Palestine was never defined in the declaration. It was only a concept at the time. The territory of what was to become the British-awarded Palestine Mandate after World War I was under Ottoman rule at the time and was split into several sanjaqs or sub-provinces, one of which was the sanjaq of Jerusalem.

The territory of Palestine was not defined until September 1, 1922 as a line "drawn from a point two miles west of... [Aqaba] up the center of the Wadi Araba, Dead Sea and River Jordan to its juncture with the River Yarmuk; thence up the centre of the river to the Syrian frontier." This was the boundary between Palestine and Transjordan and, according to Suzanne Lalonde in Determining Boundaries in a Conflicted World "was approved by the League of Nations, and the language defining the boundary was actually incorporated within the text of the Palestine Mandate by decision of the League Council."1

Putting aside other agreements made before and after the Balfour Declaration (including the 1947 UN partition plan for Palestine, accepted by the Jews but not by the Arabs), the Balfour Declaration called for a Jewish national home in "Palestine" which later became defined, per above, as ending at the Jordan River. Which meant that West Bank was included within Palestine as so defined and therefore could be considered justified as an area where Jews could legitimately settle. This is not just an antique argument; I heard the Balfour Declaration recently cited by a Jewish interlocutor as a justification for Israeli settlements on the West Bank (which the Arabs claim as the area for a future Palestinian state.)

But the British Mandate also specified the following: ... "it being clearly understood that nothing should be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country."

But how could a mass influx of Jews into Palestine not prejudice the "civil and religious rights" of existing non-Jewish communities there? The Balfour Declaration stands, along with the partition of India, as an icon to the micawberish policies of the British Empire at the start of its decline.

1Suzanne Lalonde, Determining Boundaries in a Conflicted World (Canada: McGill-Queen's University Press, 2002), p. 100.

 
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The Balfour Declaration of November 2, 1917 was a recognition by the British Government that a national home for the Jews should be created in Palestine. But Palestine was never defined in the declara...
The Balfour Declaration of November 2, 1917 was a recognition by the British Government that a national home for the Jews should be created in Palestine. But Palestine was never defined in the declara...
 
 
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02:32 PM on 09/09/2012
In answer to the Yellow highlighted area above.
Faisal, who spoke for the arabs and got [Huge] Iraq and Jordan as spoils for Saudi Princes had AGREED to large Influx of Jews in...... 1919.

http://www.jewishvirtuallibrary.org/jsource/History/faisaltext.html
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Sam Adamson
Stands for what's right
02:02 AM on 08/28/2012
How interesting: "civil and religious rights" are not collective political rights...
Michael II
Neither the one, nor the only
01:31 PM on 08/27/2012
Amazing that the people that get all touchy about being recognised are so intent on cherry-picking colonial declarations from over a century to try and convince themselves that the Palestinians don't exist and the land is theirs, all theirs.

Not one of Israel's allies follows that argument. As pointed out above, it didn't hold water at the time. Why is this nonsense being peddled again? Will exhuming it make Netanyahu's position in the cabinet easier? Will it reconcile the Israeli cabinet's position with the rest of the world? Will it make Abbas' job in selling a compromise to his side easier?
07:46 PM on 08/26/2012
It is always an interesting study when Israel and it's apologists pick and choose which international and historic documents and rulings they choose to adhere to. Israel consistently calls the UN "irrelevant" while at the same time pointing to UN rulings for the creation of a state. The same goes for many UN resolutions, San Remo, White Papers, Balfour Declaration, and international laws regarding human rights and war crimes.
Once on breaks down Israel's contradictory stances on all of these, it looks quite absurd.
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01:36 AM on 08/27/2012
Two points:

1. Please, distinguish between policy papers, e.g. White Papers, Balfour Declaration, of a given country and international law, e.g. San Remo conference decisions, League of Nations decisions, UN Charter.

2. Try to single out - if you are interested in ever achieving an accommodation of peaceful coexistence between Arab and Jew, between the Muslim-Arab world and the sovereign nation-state of the Jewish people, Israel - those elements in international law that are designed to resolve the conflict.

Perhaps, once organizing the data properly, you too will realize that the way to resolve the conflict, legally, is by implementing the 1921/22 partition of "Palestine", i.e. 77% to the Arabs vs. 23% to the Jews.
Michael II
Neither the one, nor the only
01:31 PM on 08/27/2012
You are not being clear in point 3. What is your suggestion, referring to today's maps?
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02:18 AM on 08/25/2012
The Balfour Declaration, if not now and it has never been an element in international law, thus, why even make an issue of it?

The language used in the declaration, however, is very important and telling: It is an acknowledgment of the historic affinity of the Jewish people as a people to its homeland of Eretz Israel (Land of Israel) - named in English Palestine - and its national right to exercise in it the universally accepted right afforded to all peoples, the right of national self-determination and independence.

This right, of course, was also accepted by the participants in the San Remo peace conference into whose decisions the language of the Balfour Declaration was incorporated, hence becoming, for the firs time, part of international law.

And, of course, the League of Nations that decided, 1922, to assign "Palestine" to be the Jewish people's nation-state - note, it calls for an unlimited Jewish settlement between the Jordan River and the Med. Sea, and it doesn't call for the extending of national rights to any other residents of the country but to the Jewish people - which became an important enough act for the UN to adopt it and etch it into its Charter, Article 80, 1945, as an irrevocable act.
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04:40 AM on 08/25/2012
P.S. And, some would ask, rightly: But don't the Arabs of Eretz Israel/Palestine have the same right of national self-determination and independence? The answer is clear: this is a universally accepted ethical right afforded all peoples, including the Arabs of course. And, one must therefore follow, the Arabs of Eretz Israel/Palestine had been extended this right when 77% of the territory, located east of the Jordan River, was handed over to them in 1921. The Arabs, subsequently, renamed their part Jordan since "Palestine" is not an Arab term of course. The Jews, by contrast, were assigned only 23% of Eretz Isrel/Palestine, located between the Jordan River and the Med. Sea which they subsequently renamed as Israel, resorting to the name of the Land as used since time immemorial by the Hebrews/Israelis/Jews.
http://www.mythsandfacts.org/conflict/mandate_for_palestine/mandate_for_palestine.pdf

All that is remained at this point to do is for the parties and the international community to accept the 1921/22 legal partition of Eretz Israel/Palestine and learn to live with it within the context of an accommodation of peaceful coexistence between Arab and Jew, between the Muslim-Arab world, local and regional, and the sovereign nation-state of the Jewish people.
11:37 AM on 08/27/2012
I defy you to find ONE sentence, and quote it, from the San Remo Resolution, the Balfour Declaration, the Covenant of the League of Nations or the League of Nations Mandate for Palestine that "decided, 1922, to assign "Palestine" to be the Jewish people's nation-state."

There is not one sentence in any document that you can quote that "calls for an unlimited Jewish settlement between the Jordan River and the Med. Sea," whereas there are many that say that Jewish immigration should be restricted to numbers that were sustainable within the territory.

What the League of Nations, in 1922, DID say was that the territory has "reached a stage of development where their existence as independent nations can be provisionally recognised subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone. The wishes of these communities must be a principal consideration in the selection of the Mandatory." Fulfilment of that statement would have resulted in Palestine achieving statehood as a whole. Within that state, even as late as 1948, the Jewish population would have been a small minority.

I have asked you countless times to substantiate your assertions with evidence, and you have never done so.

Please save us both time, and stop reposting fallacious comments again and again and again.
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Boduognat
Lasciate ogne speranza, voi ch'entrate.
09:55 AM on 08/31/2012
His comments are just copypasted from different sites such as Ynet, the Economist, the New Statesman, the Natiional Intrest, or the excellent Israeli 972mag.

In fact he advocates an Israeli State not only including the West Bank, but also the East Bank, Jordan, and parts of Saudi Arabia, Syria and Iraq, as his "mythical facts" map indicates.

My repeated question of the future or the fate of the 5-7 million Palestinians, Jordanians, Saudis, Iraqis and Syrians also remained unanswered".
05:43 PM on 08/24/2012
Jews You Don't See Demonstrating AGAINST Israel & Brutally Beaten
http://www.youtube.com/watch?v=Em_PbN8nPPU&feature=g-all-u
This comment has been removed due to violations of our [Guidelines]
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courtb
11:03 AM on 08/24/2012
Is that it? That's barely an article and didn't offer insights into anything.
09:41 AM on 08/24/2012
Listen to this Palestinian woman eloquently make a case against a Palestinian state:

http://www.youtube.com/watch?v=dTWlXRnZbVc&feature=player_embedded
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08:39 AM on 08/24/2012
One is still awaiting an answer: What is the name of the country in question in Arabic? And, if there isn't one, doesn't it say something about the lack of roots of those whose civilization is Arabia but who have settled/colonized Eretz Israel (Land of Israel)?

No, one doesn't advocate the expulsion of people back to Arabia or any other place of course, since one is motivated by certain humane Jewish values. But, one asks: on what basis others deny us, the Hebrews/Israelis/Jews the right to exercise our universally accepted right of national self-determination and independence on the 23% of "Palestine"/Eretz Israel (Land of Israel) assigned to us by international law; that part of the land located between the Jordan River and the Med. Sea...??

In short: Why can't we all accept international law and apply it, as is, in trying to resolve the Arab Israeli conflict? 77% of "Palestine" will remain with the Arabs, located east of the Jordan River; and, only 23% of "Palestine" will remain with the Jews, located between the Jordan River and the Med. Sea??
Rosin the Bow
Palestine doesn't want peace. Meshaal said so
08:47 AM on 08/24/2012
Which statement is racist:

"This land belongs to us, the Jews"

OR

"This land belongs to us, the Arabs"
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09:07 AM on 08/24/2012
P.S. Yes, I know, of course, that the Arabs call Eretz Israel (Land of Israel) philistin, or filistin; clearly a derivative from "Palestine", just as "Palestine" is a derivative from Philistia in Latin; the name the Roman gave the country in 135 CE (AD) when they attempted to erase any trace of Jewish existence in the Land. But, to the best of my knowledge, unless someone can prove me wrong, there isn't a name to the country that is Arabic in origin, which says a thing or two about the claim to deep Arab roots in it...!!
03:14 PM on 08/24/2012
"Lebanon" and "Syria" aren't Arabic names either (but their Arabic names are extremely similar to these English/Western terms- Libnan and Surya), yet no one doubts that these are Arab countries today nor does anyone claim that Arabs should be expelled from these lands so that native Phoenicians and Assyrians can return (mostly because modern "Arabs" of these countries are in fact a blend of Arab and indigenous peoples of those lands- and the same was true in Palestine). Using place-names to support your argument is intellectually lazy. Saudi Arabia is not an Arabic place name either, the Arabian peninsula is referred to as the Hejaz in Arabic, yet there is no country on the peninsula that goes by that name. Do you doubt that Arabia is Arab for this reason too? Of course not, therefore place-names are rather meaningless as a basis for any argument in this modern political debate.

Regardless, you cannot escape the fact that people lived on this land that is today called Israel, West Bank, Gaza, Palestine, etc prior to 1948 or 1880 or whenever but who are not currently considered citizens of the current sovereign government there and the fact that they didn't call that land some original place-name in their native language shouldn't change their rightful political rights to citizenship in a government that is the sovereign in the land they already live in nor should it change their claim to the land they have been living on.
Rosin the Bow
Palestine doesn't want peace. Meshaal said so
08:24 AM on 08/24/2012
http://www.theaustralian.com.au/news/historical-record-comes-back-to-bite-the-israel-haters/story-e6frg71f-1111116209889

"In defiance of the will of the international community, as embodied in the UN General Assembly resolution of November 29, 1947, (Palestinian Arabs) launched hostilities against the Jewish community in Palestine in the hope of aborting the emergence of the Jewish state and perhaps destroying that community. But they lost; and one of the results was the displacement of 700,000 of them from their homes.

Most of Palestine's 700,000 "refugees" fled their homes because of the flail of war (and in the expectation that they would shortly return to their homes on the backs of victorious Arab invaders)."
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09:22 AM on 08/24/2012
Many, if not most of those who fled, did so on the assumption that the Jews would slaughter them - not unlike events in Syria today, incidentally!! But, that assumption was based on THEIR perception of the role of the "winner": He slaughters the living. This perception tells us a great deal about what would have happened to the Jews if they lost...., and Jews in Israel know this reality, hence apprehensive about lowering their guards in the face of their Muslim-Arab opponents.

Reality, of course, indicate that those Arabs who, for one reason or another stayed put became Israeli citizens with full human, civil and religious rights.

This can't be said about the Jews who lived in areas that were conquered by the Egyptian and Arab Legion: they were expelled from those parts of the country, e.g. Gaza, Samaria, Jordan Valley, Judea and Jerusalem.
03:16 PM on 08/24/2012
Reality for some, but not all: certainly not for the residents of Deir Yassin and other villages. It is those events that might also explain Israelis' assumptions of the aftermath based on their perception of the "winner" for the very same reasons you set forth in your comment. Ever think about it that way? It's time both sides stop demonizing each other. Both sides are guilty of terrible acts in history, thus the whole need for peace in the first place.
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Mansons psychedelic soul
Walking through forever, i'm living in my dream.
11:43 PM on 08/24/2012
The Deir Yassin Massacre of Palestinians by Jewish soldiers

“For the entire day of April 9, 1948, Irgun and LEHI soldiers carried out the slaughter in a cold and premeditated fashion...The attackers ‘lined men, women and children up against the walls and shot them,’...The ruthlessness of the attack on Deir Yassin shocked Jewish and world opinion alike, drove fear and panic into the Arab population, and led to the flight of unarmed civilians from their homes all over the country.” Israeli author, Simha Flapan, “The Birth of Israel.”
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walter richards
08:17 AM on 08/24/2012
The land west of the jordan was assigned to the Jews. all the land to the East was assigned to the Arabs. the western part was jewish. But in fact Jewish emigration, at the time it was needed most,
was severly restricted by the British , Arab enigration into what would become Israel wasn't.
And in fact many arabs entered ad part of British development projects especially in Haifa.
Many of the arabs were emigrating into the jewaih portion and prejucing Jewish rights.
All the land owned by the Jews was legally purchased, Jews were in no position to take land from anyone because the British were in control. On the other hand the Arabs engaged in a campaign
of terror forcing Jews to abandon lands they leagally owned. for example in Jews were forced
from Gaza and Hebron in 1929 Dozens were murdered. the British did nothing. this
happened again in 1936, but this time the brtish were also the target.
It was not the Jews who were prejudicing anyone's rights it was the arabs.
As for emigration, the Jews were assigned that land and had a right to move in and they legally
purchase the lands within that territory. those who managed to get in.
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Sonic hedgehog
A true word needs no oath
01:33 PM on 08/24/2012
If you're gonna try to make a useless argument at least use the correct words. Emigration was not restricted, immigration was. Emigration means leaving.
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08:16 AM on 08/25/2012
You use "gonna" and lecture someone about "correct words"

priceless
11:50 AM on 08/27/2012
Please quote a single sentence from any contemporary document that says that "The land west of the jordan was assigned to the Jews. all the land to the East was assigned to the Arabs. the western part was jewish."

The British Survey of Palestine confirmed that increases in the Jewish demographic of Palestine between 1922 and 1945 was due almost entirely to immigration with very little being due to natural growth whereas increase in the Arab demographic was due almost entirely to natural growth with very little being due to immigration.
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mfa11e
Tell the truth ,regardless
06:53 AM on 08/24/2012
If the Israeli's truly want peace between the Arabs,Arab/Israeli's why not make a starting point by ceding the land back to the original borders of the 1967 "six day war ".
The land they have now does not truly belong to them ,it was stolen.
During the war between Iraq and Iran (that Iraq started ,and used chemical weapons that killed 65,000 Iranians ) at the end of the war all land won by Iran was returned to the Iraqi's
Yet Iran is constantly classed as an aggressor in the Middle East.
In the last few day Benjamin Netanhayu has reiterated he intends to launch an attack on Iran
( I assume he will lead from the back and let US Soldiers lose their lives )
So ,again ,who is the aggressor.?
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07:08 AM on 08/24/2012
"...why not..."

1) The lines of 1967 have never been official borders; only armistice lines. In fact, the Arabs, when they reached the armistice agreements with Israel in 1949 on those lines insisted that those lines must never be considered final and official borders.

2) International law has designated the area between the Jordan River and the Med. Sea as "the national home for the Jewish people", i.e. the Jewish people's nation-state, while the Arabs had been handed over the rest of the territory of "Palestine", located on the eastern bank of the River. The former consisting of 23% of "Palestine" and the latter of 77% of it. Why expect, therefore of the Jews to give up even further of the little that they were assigned by international law?
http://www.mythsandfacts.org/conflict/mandate_for_palestine/mandate_for_palestine.pdf

3) Perhaps the poster should ask the question of the Arabs: Why do you, categorically, refuse to accept Israel's RIGHT to be, to exist as the sovereign nation-state of the Jewish people don ANY parcel of land of the Jewish people's homeland of 4,000 years?
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Mansons psychedelic soul
Walking through forever, i'm living in my dream.
07:30 AM on 08/24/2012
International law.....or Rothschild's law?
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Eric Nepgen
Restiamo Umani
07:33 AM on 08/24/2012
I wouldn't cry so loud about international law....

To point 3: In 1993, PLO recognized Israel's right to exist in peace, accepted UN Security Council resolutions 242 and 338, and rejected "violence and terrorism"; in response, Israel officially recognized the PLO as the representative of the Palestinian people.[6]
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NorthernBorder
09:44 AM on 08/24/2012
well - if we lead from the back, the US is the aggressor. (as usual)
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05:07 AM on 08/24/2012
"...the civil and religious rights of non-Jewish communities..."

Eretz Israel (Land of Israel)/Palestine as presently defined by international law, being the territory located between the Jordan River and the Med. Sea, affords all its residents civil and religious rights, along with human and political ones. The only question is the degree to which such rights are afforded and by whom.

Within the sovereign nation-state of the Jewish people, Israel, all citizens enjoy all human, civil and religious rights, and all are equal before the law: black and white, men and women, religious and secular, Arabs and Jews, short people and tall people.

Within the autonomous region of the PLO's Palestinian Authority all Arabs - not Jews - are entitled to all civil, political and religious rights.

And, in those parts of Samaria and Judea under Israeli rule, i.e. Area C, the 50,000 Arab residents are entitled to all civil and religious rights, while their political rights are met by participating in the political life of the PLO's Palestinian Authority and/or Jordan, i.e. the 77% of "Palestine" that had been handed over to the Arabs back in 1921.

It is high time to finalize this accommodation by reaching by the parties the Final Status Agreement. But, for some reason, the PLO refuses to come to the table in order to accept Israel's offers. One wonders, why....??
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06:36 AM on 08/24/2012
"Within the autonomous region of the PLO's Palestinian Authority all Arabs - not Jews - are entitled to all civil, political and religious rights".

An example: A Jew, legally, may not be permitted to acquire land in the PA; or, rather, an Arab may not sell real estate to a Jew, be the real estate public or privately owned. Violation of this - some would say, correctly, as racist - law is punishable by..., death. A good number of Arabs are no longer among the living due to the fact that they sold their own privately owned real estate property to Jews.

This, of course, is a legal violation of both civil and human rights. But, this should be addressed to the PLO's Palestinian Authority that continues a long tradition that prevails in some Muslim-Arab countries, e.g. Jordan, and not to the sovereign liberal democratic nation-state of the Jewish people, Israel.
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David Brown1949
Not waving but drowning.
08:13 AM on 08/24/2012
Brilliant Jehudah, well said.
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Boduognat
Lasciate ogne speranza, voi ch'entrate.
12:34 PM on 08/27/2012
"Eretz Israel (Land of Israel)/Palestine as presently defined by international law, being the territory located between the Jordan River and the Med. Sea, "

What International Law is that?

The 4th Geneva Concetions as well as the ruling of the International Court of Justice in 2004 has clearly stated that the Occupation of the West Bank, Gaza, and East Jerusalem is ILLEGAL according to International Law.

Not some sort of former "diktat" by the Colonial rulers, like the same sort of "International Law" that decided that Chechoslowakia would become part of Bavaria.
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03:25 AM on 08/24/2012
But-but... Jews have owned this land since they left the Olduvai Gorge!!!
Rosin the Bow
Palestine doesn't want peace. Meshaal said so
08:19 AM on 08/24/2012
But, but, Arabs own this land because they invaded it in the 700s!!
12:21 PM on 08/24/2012
The issue isn't ownership, as a matter of law. The issue is exercise of sovereignty by a people and continuous assertion of a claim to it over time. On both scores, "the Palestinian people" (of whom there is no historical mention and no archaeological record) have no status.