In a speech to the UN General Assembly on September 20, President Obama declared that Israel should recognize “it cannot permanently occupy and settle Palestinian land.”
If cast here by Obama in starker form than usual, seemingly to stake a legacy position, the statement is yet another rendering of a theme he has returned to on many occasions throughout the eight years of his presidency. But the essence of that theme is a lie: Israel has neither occupied nor settled “Palestinian land.”
In fact, for all the posturing on the subject by the Obama administration, by the EU and European states, by the UN, and by other nations and international bodies, there is no such thing as “Palestinian land” in international law, or at least there was not before the Oslo process, formally initiated in 1993.
To the contrary, international law supports Jewish claims to the so-called occupied territories. The League of Nations, in creating successor entities to portions of what was formally the Ottoman Empire, established the “Palestine Mandate” for the lands between the Jordan and the Mediterranean and the right of Jews to claim and settle in those lands.
Indeed, it called for “close settlement by Jews on the land, including state lands.” Article 80 of the United Nations charter subsequently preserved the application of the League of Nations Mandate’s stipulations.
One could argue that the Jews’ governmental body, by accepting the 1947 partition plan for Mandate Palestine, essentially gave up any claim to, including the right of settlement in, areas not allotted to it.
However, the Palestinian side rejected the plan and failed to establish a successor government in the areas that were to fall under its control. Subsequently, Judea and Samaria were occupied (with the killing or expulsion of all their Jewish residents) and annexed by Transjordan, which then renamed itself Jordan.
But only two nations, Britain and Pakistan, recognized Jordanian sovereignty in the territories. In 1967, Jordan – as King Hussein himself acknowledged – launched hostilities against Israel, and Israel, in its response, gained control of Judea and Samaria. In effect, whatever claims and rights Israel was prepared to give up in 1947 became irrelevant when no legitimate alternative government of Judea and Samaria emerged, and so the rights enshrined in the Mandate and in Article 80 of the UN charter remain in force.