{"id":1505,"date":"2020-01-04T18:28:42","date_gmt":"2020-01-04T18:28:42","guid":{"rendered":"https:\/\/www.inthedays.com\/?p=1505"},"modified":"2020-01-04T18:35:16","modified_gmt":"2020-01-04T18:35:16","slug":"trump-is-keeping-the-promise-made-at-san-remo-in-1920-why","status":"publish","type":"post","link":"https:\/\/www.inthedays.com\/?p=1505","title":{"rendered":"TRUMP IS KEEPING THE PROMISE MADE AT SAN REMO IN 1920. WHY?"},"content":{"rendered":"\t\t
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Israel in the Last Days<\/div>\n
\"And I will bring again the \n\n
captivity STONG\u2019S NUMBER 7622: <\/font>shbuwth, sheb-ooth\u00b4; or tyIb\u25cav shbiyth, sheb-eeth\u00b4; from 7617; exile, concretely, prisoners; figuratively, a former state of prosperity:\u2014captive(-ity).\n<\/span><\/div> of my people of Israel, and they shall build the waste cities, and inhabit them; and they shall plant vineyards, and drink the wine thereof; they shall also make gardens, and eat the fruit of them. \nAnd I will plant them upon their land, and they shall no more be pulled up out of their land which I have given them, saith the LORD thy God. \n \u2014 Amos 9:14-15<\/blockquote><\/strong><\/div>\n
\"And I will bring again theAnd I will bless them that bless thee, and curse him that curseth thee: and in thee shall all families of the earth be blessed.\n \u2014 Genesis 12:3<\/blockquote><\/strong><\/div>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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Article Source: Jerusalem Post<\/span><\/span><\/a><\/strong><\/p>\n

There is one place in the Middle East where the international community takes the entirely opposite position about Mandatory borders. And that, of course, is Israel. While the Pompeo statement did not say anything about borders, it did reclaim the San Remo principle that Jewish settlement is not illegal. The legal basis for this deserves some discussion. Pompeo repudiated the conclusions of a 1978 memorandum by the State Department legal advisor Herbert Hansell. The memo\u2019s conclusions had already been rejected by then-president Ronald Reagan, but it had never been formally retracted. The four-page memo jumped in broad strokes across major issues and cited no precedent for its major conclusions. Indeed, in the decades since, its legal analysis of occupation and settlements has consistently not been applied by the US, or other nations, to any other comparable geopolitical facts. It was always what lawyers call a \u201cone-ride ticket\u201d applicable just for Israel. Hansell\u2019s memo had two analytic steps. First, he concluded that Israel was an \u201coccupying power\u201d in the West Bank. That triggers the application of the Geneva Conventions. He then invoked an obscure provision of the Fourth Geneva Convention that had never been applied to any other situation before (or since). It says the \u201coccupying power shall not deport or transfer its civilian population\u201d into the territory it occupies.\u00a0Hansell, without much discussion, concluded that Jews who move just over the Green Line have somehow been \u201cdeported or transferred\u201d there by the State of Israel. In short, he read a prohibition on Turkish-style population transfer schemes as the requirement that Israel permanently prevents its Jews from living in those areas that Jordan had ethnically cleansed during its administration.<\/strong>
Under international law, occupation occurs when a country takes over territory that is under the sovereignty of another country. This is why the borders of countries arising in former Mandatory territories are those of the relevant Mandate. That, for example, is why Russia is considered an occupying power in Crimea, even though most of its population is Russian and it has historically been part of Russia. Yet due to internal Soviet reallocations, when Ukraine became independent, Crimea was incorporated into the borders of its predecessor, the Ukrainian Soviet Socialist Republic. For international law, this establishes clear Ukrainian sovereignty, even over the self-determination objections of a local ethnic majority. BUT THE West Bank was never part of\u00a0Jordan. On the contrary, it was a territory that Jordan itself had seized in 1949. Moreover, a country cannot occupy a territory to which it has a sovereign title. Israel has the strongest sovereign claim to the territory. In international law, a new country inherits the borders of the prior geopolitical unit in that territory. In this case, that unit was the League of Nations Mandate for Palestine. Hansell\u2019s memo fails to even discuss this globally-applied principle for determining borders.<\/strong>
The Hansell memo also failed the test of history and of generalizability. The State Department has not applied its definition of \u201coccupation\u201d to Moroccan-controlled Western Sahara, Dutch New Guinea, or any other situation where territory that changed hands in the war did not have a clear prior sovereign. But even by its own terms, the memo\u2019s conclusions no longer apply. Hansell specifically stated that the state of occupation would no longer exist if Israel entered into a peace treaty with Jordan. That is because the law of occupation is part of the law of war; it has no applicability in time of peace. Jordan signed a full and unconditional peace treaty with Israel in 1994, making the memo moot. The separate notion that occupation creates an impermeable demographic bubble around the territory has no basis in the history or subsequent application of the Fourth Geneva Convention. In an academic study, I have shown that almost all prolonged occupations of territory since 1949 \u2013 including America\u2019s 40-year administration of West Berlin \u2013 have seen population movement into the occupied territory. In some of these cases, like Western Sahara and Northern Cyprus, the demographic effect has been huge. In none of these cases has the US, or the UN, claimed a violation of the Geneva Conventions.The writer is a professor at George Mason University Antonin Scalia Law School, and the director of its Center for International Law in the Middle East, and a scholar at the Kohelet Policy Forum in Jerusalem.<\/em><\/strong><\/p>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

Why the conclusions of a 1978 US State Department memorandum have been repudiated.<\/p>\n","protected":false},"author":3,"featured_media":1509,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":0,"footnotes":""},"categories":[2],"tags":[],"class_list":["post-1505","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-israel","pmpro-has-access"],"_links":{"self":[{"href":"https:\/\/www.inthedays.com\/index.php?rest_route=\/wp\/v2\/posts\/1505","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.inthedays.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.inthedays.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.inthedays.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.inthedays.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1505"}],"version-history":[{"count":7,"href":"https:\/\/www.inthedays.com\/index.php?rest_route=\/wp\/v2\/posts\/1505\/revisions"}],"predecessor-version":[{"id":1514,"href":"https:\/\/www.inthedays.com\/index.php?rest_route=\/wp\/v2\/posts\/1505\/revisions\/1514"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.inthedays.com\/index.php?rest_route=\/wp\/v2\/media\/1509"}],"wp:attachment":[{"href":"https:\/\/www.inthedays.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1505"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.inthedays.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1505"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.inthedays.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1505"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}