My Reply to: Does Your Claim Replace Arab Rights?

Mark B. Kaplan,

לבן ריק
לבן ריק
צילום: ערוץ 7
Mark B. Kaplan
Mark is the director of the Office for Israeli Constitutional Law (OFICL), advocating Jewish rights to all the Land of Israel under International and Domestic law and lectures and educates about Jewish legal rights. From 2002–2006, Mark was INN-TV's news editor, producer, and studio anchor, and he served as the General Manager of Israel Independent TV news from 2006-2009. Visit the OFICL web site at e-mail ...

I found this comment on my Youtube page. My reply was way too long to include in the comments, so I am uploading it to the blog.

The comment was posted on the video for Israelity! with Mark Kaplan: We Won't Get Fooled Again! from 24 Feb 2012.

The viewer wrote (typos are not edited out):

  • Does your historical claim to the land supercede the rights of those born there? Does Israels fear of terrorism morally justify the denial of the human rights of over 2 million people? (conservative palestinian refugee/diaspora figure). i would say no. To the second question i would add the point that denial of human rights creates terrorism, same for Ireland or Israel. I support 1 state: a recognised jewish homeland without the racist policies. Thank you for your thorough thoughtful response!

    Here is my response:

    Your Q: “Does your historical claim to the land supercede (typo in original) the rights of those born there?”

    A: Which rights? We all have rights and those rights need to be protected. Palestine was a grossly under populated territory in the Ottoman Empire. The overwhelming majority of those people calling themselves “Palestinian” today are descended from people who immigrated to Palestine during the period of the Mandate.

    Arab Nationalism is a new invention (as is the Arab Palestinian Nation). It was mainly a reply by the likes of Haj Amin al-Husseini who was concerned that Palestine, which had been 500 years under Ottoman-Turkish Muslim rule, would now fall into the hands of the infidel Jews. Such a change in rule is an affront to Islam that maintains that once land is under Islamic rule it must remain under Islamic rule. That’s why the Muslim dream is to return to Andalusia (Spain). The Jewish People never gave up their claim to Eretz Yisrael. The Jews were forcefully exiled (transferred) from their land by the Romans. According to the modern-day Rome Statutes, forcible transfer of an occupied population is a War Crime and a Crime Against humanity which could be brought before the International Criminal Court.

    Not every group of people can have an independent country. The Arabs had an area of land reserved for self-determination three times the size of the United States, and Palestine was not part of that territory, nor did the Arabs request it at the Paris Peace Conference. There were around 300,000 People, of many ethnic and religious backgrounds, in the entire territory of Palestine. This did not justify an independent Arab country.

    Q: Does Israels fear of terrorism morally justify the denial of the human rights of over 2 million people? (conservative palestinian refugee/diaspora figure)?

    2-million Palestinian refugees?

    Funny, there were around 600,000 Arab refugees in 1948 (now, despite exaggerated figures believed to be around 2-million). The Arab refugees of the Arab-Israel conflict are the only group of refugees that can hand their status down generation to generation. This is connected to your question about the historical claim of the Jews… and the “rights of those born there.

    The UN defines these “Palestinian” refugees as any Arab whose permanent place of residence was in Palestine between the years 1946 and 1948. So the Arab claim of being Palestinian “from time immemorial” has been reduced to being a “Palestinian” for only two years in the mid-twentieth century! This is another Arab propaganda scam, plain and simple. 

    UN Security Resolutions 1269,1368, and 1373 which are cited under Chapter 7 of the UN Charter, which authorize the use of force, protect the right of every individual and country and obligate all countries to combat terrorism in any way necessary. Israel is not only within her rights to defend its population from the likes of Hamas, Islamic Jihad and Fatah, but is obligated to do so. In doing so, Israel does everything possible to protect the safety of uninvolved Arabs in Judea, Samaria, and Gaza. Unfortunately, when it comes to war, sometimes with all the protection you can provide for bystanders, there are civilian casualties. This is not a case of the IDF attacking civilians, but the opposite is not true when terrorists in Gaza fire rockets on Israeli cities or board school buses or enter night clubs with suicide belts.

    The solution is that Israel must first place Jewish communities in Judea and Samaria under Israeli civilian law, then incorporate the other territories as security would allow under Israeli civilian law.

    In order to make it possible to incorporate areas B and C into normal Israeli law (areas either under shared cooperative control if the IDF and the Palestinian Authority or under total PA control), the UN must first decommission UNRWA and place the High Commission for refugees in charge of settling the refugee problem. One third of the Arab population in Judea and Samaria have expressed the desire to leave the region and be resettled elsewhere. Israel should pay these people well above market value for their homes, and be given a basket of benefits to help settle and integrate them into new countries. This is not racism, this is humanitarian aid.

    Israel must either imprison or exile those who are involved or support terrorism.

    Those people, who are left over and can swear allegiance to the State of Israel, must go through a normal citizenship process, as exists in other countries. Once they pass the citizenship requirements they should be granted the full benefits of citizenship.

    That is the only just and humane solution; not making half of Israel Judenrein and chopping the land into another two countries as was done with the Eastern 76% of the country when Trans-Jordan was created in violation of International Law.

    Israel’s democracy does everything possible to protect the rights of the Arabs in Judea and Samaria. Israel’s High Court has been a champion for Arab rights at the expense of Jewish rights. Why is it only Muslim’s are allowed to pray at Judaism’s holiest site? Why would the Supreme Court force Jews out of their homes in a land dispute when the ownership has not been proven?

     Just as Jewish rights do not negate Arab rights; Arab rights cannot negate Jewish rights. International law was very specific about the protection of the rights of self-determination of the Jews in Palestine/Eretz Tirael, as International Law was very specific about the right of self-determination of the Arabs in Syria, Lebanon, and Iraq.

    You cannot make half the heartland of the Jewish Nation Judenrein as Mahmoud Abbas is demanding…that would be Apartheid!