Thursday, June 25, 2020

Is Yael Stein Wrong?

Here is Yael Stein in Haaretz:

Israel suspended land registration in the West Bank, declared some 1 million dunams (more than 247,000 acres) as “state land” and allocated them nearly in their entirety to the settlements...That declaration was based on a skewed interpretation of the law and carried out in violation of the basic tenets of due process. Moreover, even if this were in fact public land, it was meant for the Palestinians, not the settlers, who were not supposed to be there: The entire settlement enterprise is prohibited and constitutes a war crime – a point that Hayut ignored...the subordination of the lives of the Palestinians to the needs of the settlers.

Ms. Stein 


Photo: Tony Cross

is the director of research at B’Tselem.

Article 6 of the League of Nations Mandate decision reads:


The Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions and shall encourage, in co-operation with the Jewish agency referred to in Article 4, close settlement by Jews on the land, including State lands and waste lands not required for public purposes.

That decision's preamble reads:


...the Mandatory should be responsible for putting into effect the declaration originally made on November 2nd, 1917, by the Government of His Britannic Majesty, and adopted by the said Powers, in favor of the establishment in Palestine of a national home for the Jewish peopler...recognition has thereby been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country;

In addition, Article 11 reads:


The Administration of Palestine shall take all necessary measures to safeguard the interests of the community in connection with the development of the country, and...shall have full power to provide for public ownership or control of any of the natural resources of the country ...It shall introduce a land system appropriate to the needs of the country, having regard, among other things, to the desirability of promoting the close settlement and intensive cultivation of the land.

Now, I ask you, is Stein correct in her assertion?

Or is she wrong?

^

2 comments:

Perry said...

She is basing herself on the UN Partition Plan of 1947, which, however, did not refer to allocation of land for the Palestinians.
The idea of Partition itself was the result of the British failing in their obligations toward the Jewish people, due to violence on the part of the local Arab population.

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