Nakba Day, the Day of the Catastrophe, is commemorated on the 15th May, the day after the Jewish terrorist Ben Gurion unilaterally proclaimed the Israeli Declaration of Independence on a gaping fault line of delegitimisation.
1. The Balfour Declaration illegally promising to facilitate a Jewish national homeland in Palestine with the stipulation – “it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine” is null and void:
“Its promise to use its best endeavours to facilitate the Zionist project could be interpreted as a promise to give to the Zionists what Britain did not have to give, in violation of the established legal maxim nemo dat quod non habet (nobody can give what he does not possess).” Might over Right, Adel Safty, p.22 (A highly recommended read.
2. It follows then that Palestine’s independence enshrined in Article 22 of the Covenant of the League of Nations, which is still binding for all members states of the UN under UN Charter Article 80, remains pending. Palestine was a Class A Mandate guaranteeing self-determination:
“Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognized 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.”
3. According to eminent professor of international law, Francis Boyle, the UN had (and has) no legal power to approve or enforce partition under Resolution 181 after Britain terminated its administration of Palestine on 15 May 1948,
“The United Nations had no business offering the nation of one people to the people of many nations. Its General Assembly had neither the legal nor the legislative powers to impose such a resolution or to convey title of a territory; Articles 10, 11 and 14 of the UN Charter bestows the right on the General Assembly merely to recommend resolutions.”
4. Reasonably, Palestinians opposed the illegal partition just as any western nation would if a rogue UN gave the nod to partition it, but surely without the generosity of Azzam Pasha, the General Secretary of the Arab League, who nobly offered equality between Arab and Jew,
“We are fighting for an Arab Palestine. Whatever the outcome the Arabs will stick to their offer of equal citizenship for Jews in Arab Palestine and let them be as Jewish as they like. In areas where they predominate they will have complete autonomy.”
5. Therefore, Israel’s unilateral declaration of Independence, ‘citing Resolution 181 as constituting “recognition by the United Nations of the right of the Jewish people to establish their State”’ has no legal basis:
“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.” Jeremy Hammond
6. Today, the Israeli unilateral declaration and UN recognition of the Jewish State of Israel sets a free-for-all sovereignty precedent. It provides legal loopholes making all nations vulnerable to spurious ancient religious/ historic claims by migrant minorities.
For example, Catholic immigrants, armed by Catholic nations, may unilaterally proclaim the USA as the State of Catholic Christendom and then initiated the New Crusades against Americans to expel and deport the Protestants, Jews etc to Canada and elsewhere. Or British Italians and modern Italians could reclaim England citing 350 years of Roman occupation.
7. The 71 years of the Palestinian Nakba since the brutal establishment of the Jewish State of Terror is a catastrophe for the Jewish colonists and their descendants: it transformed the once decent surviving victims of European antisemitism and the Holocaust into terrorists, killers, thieves, racists, and liars – into the mirror image of their Nazi persecutors. And the same perverted brush tainted the UN and Western governments as collaborators of the sickest and most sadistic society in the world.
Israel has compelled the criminalisation of Holocaust denial in Europe and elsewhere even though it has enacted domestic laws criminalising Nakba commemoration. The flaccid reaction of world governments to Israel’s galling double standards is as ethically contemptible as Israel’s effrontery to expunge an oppressed people and their lineal land.
8. Throughout the 71 years of systematic Jewish terrorism, the Jewish occupiers have been resolutely confronted by their nemesis – Palestine, steadfast and eternal,
“I tell the Zionist usurper entity that your terrorism, your massacres, your bullets, your bulldozers, your walls and your bombs will not break the will of my children, will not kill me, for I will continue to resist, I will continue to exist, I am here to stay because this land is me. I am Palestine from the River to the Sea, from Ras In-Naqourah to Im-Ir-Rishrash. Ana Falsteen min il bahar lal nahr, min Ras In-Naqourah la Im-Ir-Rishrash.” Reham Alhelsi
9. Zionists are doomed not to live in a promised land for like all the invaders of historic Palestine, they too will pass. Palestinians, however, wherever they are scattered, live in their beloved Palestine:
“They [zionists] will never comprehend that it’s a clear-cut case, a hopeless case: it is a case of eternal love, of an unbreakable bond…. It is a case of a people, a land, an identity… it is a case of Palestine, her culture and people…. It is a case of being Palestinian. zionists and co will never comprehend that it is a hopeless case of eternal love because Palestine is us and we are Palestine.” Reham Alhelsi
10. The chimerical two state solution is dead. Ironically Israel’s rapacious settlement expansion killed it. Palestine, inevitably has come full circle; support for a one state where Palestinians and Israelis “live under the same constitution and same social contract that provides them with freedom, justice and dignity for all.” is gaining traction.
Dr. Vacy Vlazna is Coordinator of Justice for Palestine Matters and editor of a volume of Palestinian poetry, I remember my name. She was Human Rights Advisor to the GAM team in the second round of the Acheh peace talks, Helsinki, February 2005 then withdrew on principle. Vacy was convenor of Australia East Timor Association and coordinator of the East Timor Justice Lobby as well as serving in East Timor with UNAMET and UNTAET from 1999-2001.
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