Amir Tsarfati: Is Israel a Legal State?

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Shalom everyone! I’m Amir Tsarfati, and today we’re tackling a question that’s as hot as a summer day in Jerusalem: Is Israel a legal state? You might have stumbled upon claims that Israel is some kind of illegitimate country or that it’s occupying Palestinian land. Well, buckle up, because I’m here to set the record straight with some historical facts and international law.

Let’s kick things off with the Balfour Declaration of 1917. This groundbreaking statement by the British government pledged support for the establishment of a national home for the Jewish people in Palestine. It marked a significant step toward realizing the Zionist dream—a dream that the Jewish people have carried in their hearts for centuries, through countless prayers and longings for their ancestral homeland.

Fast forward to 1920, when the Allied powers of World War I convened at the San Remo Conference. It was here that they agreed to put the Balfour Declaration into action. This was followed by the League of Nations officially establishing the Mandate for Palestine in 1922.

The Mandate recognized the unbreakable historical connection between the Jewish people and the land of what was then Palestine and called for the establishment of a Jewish national homeland.

Now, pay attention to a crucial aspect of the Mandate. Article 6 encouraged, and I quote, “close settlement by Jews on the land including State lands and wastelands not required for public purposes.”

This means the Jews were granted the legal right to settle anywhere within the mandated territory, which included Judea, Samaria, and even Gaza. This right was anchored in international law and has never been revoked.

But what happened to the Mandate when the League of Nations was dissolved and the United Nations formed? Did it simply vanish? Absolutely not! The architects of the UN Charter made sure to include Article 80, often referred to as the Palestine Clause.

This article preserves the rights granted under the Mandate, regardless of the League of Nations’ dissolution. The International Court of Justice, the UN’s principal judicial organ, has reaffirmed the validity of Article 80 on several occasions—in 1950, in 1971, and even as recently as 2004.

Renowned legal scholar Professor Eugene Rostow firmly stated that “the Jewish right of settlement in the whole of Western Palestine, the area west of the Jordan River, survived the end of the British mandate in 1948.”

Some may ask about the rights of the Arabs living in Palestine. Well, the truth is that under the Mandate, Arab political rights were granted in four other territories: Iraq, Lebanon, Transjordan (later Jordan), and Syria. The Mandate for Palestine was unique in its focus on securing Jewish political rights.

There are those who argue that Israel’s legitimacy is a result of the Holocaust—a form of compensation for the unimaginable suffering endured by the Jewish people. While the Holocaust undoubtedly added urgency to the need for a Jewish homeland, it is not the legal foundation for Israel’s existence.

That foundation rests upon the Balfour Declaration, the San Remo Resolution, the League of Nations Mandate, and Article 80 of the UN Charter.

I often hear people claiming that the Israeli presence in parts of Judea and Samaria, the area known as the West Bank, is illegal under international law. Nothing could be further from the truth!

The San Remo Resolution, along with Article 80 of the UN Charter, clearly states that Jews have the right to settle anywhere from the Jordan River to the Mediterranean Sea. This includes all of Jerusalem, Judea, Samaria, and even Gaza.

When I walk through the streets of Jerusalem, I am constantly reminded of the unbreakable bond between the Jewish people and this land. It is a bond that has been recognized and reaffirmed by the international community time and again.

It is a bond that no amount of denial or revisionism can sever. The legitimacy of Israel as a state is unassailable under international law. The Jewish people’s right to a national homeland in Palestine, stretching from the Jordan River to the Mediterranean Sea, has been recognized and upheld repeatedly.

Those who deny this right are not only denying history but also denying the fundamental principles of international law.

That’s it for today, friends! I encourage you to stand firm in the truth, even when it’s unpopular. Remember, the God of Israel never slumbers nor sleeps, and He will continue to watch over His people and His land. God bless you, and Shalom from Israel!