In response to Mr Falk's remarks - I asked him:
The mandatory system delivered self determination to the Arabs as well as the Jews. When did the League of Nations mandate lose its legitimacy as settled international law?
Are both Jordan and Israel illegitimate?
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Is article 80 of the UN Charter not settled international law?
The partition proposal was in 1947 – not 1948. It spoke of a Jewish state and an Arab state – not a Palestinian state. There were no 1967 boundaries. Do you agree?
Mr Falk’s reply was very troubling:
Churchill was a notorious advocate of colonialism and possessed a colonial mentality, persisting after World War II. I think it is not in Israel’s current interest to argue the historical case for its original claim of statehood.
A more compelling ground would be to work toward peace and reconciliation premised on the 1967 realities. To keep moving the goal posts, ‘fact on the ground’ after 1967, is equally doomed if a sustainable peace is our shared goal.
Suddenly everything was to now be forgotten in Mr Falk’s opinion before “the 1967 realities”.
The penny dropped as I commented :
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I now am beginning to understand why you don’t want to have anything to do with the Mandate and article 80 of the UN Charter or what happened between 1920-1948.. The inconvenient truth of the Jewish people’s struggle to assert its legal claim to reconstitute the Jewish National Home in Palestine during those 28 years totally undercuts and dismisses those who would deny the Jews any legal or moral rights in their ancient and biblical homeland.
Now you even go further in wanting to forget 1948-1967 as well – when you state:
“I think it is not in Israel’s current interest to argue the historical case for its original claim of statehood. A more compelling ground would be to work toward peace and reconciliation premised on the 1967 realities.”
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About the Author
David Singer is an Australian Lawyer, a Foundation Member of the International Analyst Network and Convenor of Jordan is Palestine International - an organisation calling for sovereignty of the West Bank and Gaza to be allocated between Israel and Jordan as the two successor States to the Mandate for Palestine. Previous articles written by him can be found at www.jordanispalestine.blogspot.com.