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Charles Knapp's avatar

While I agree with your general analysis, there is a difference in Israel’s situation that needs to be borne in mind and arises from international law as it existed at the end of WWI.

The Ottoman Empire had been defeated and its territory outside Anatolia seized to be redistributed as the victorious Allies decided. That was entirely consistent with international law at the time. While normally the Ottoman colonies would have been absorbed by the British and French Empires, the US objected and demanded a different outcome. And so the concept of “Mandates” was born.

The specific Mandate for Palestine, established by the international community in 1922, set forth the internationally recognized boundaries of that territory. Its express purpose was the reestablishment of the Jewish homeland to which end Jewish immigration and “close settlement” was encouraged. Whether this objective was meant to right an historical wrong, support Zionism or provide a convenient excuse to move Jews out of Europe is, in fact, beside the point. Whatever the true motive (and it probably depended on whom you asked), the objective was the creation of a Jewish state.

In 1923, Britain closed off 78% of the land and turned it over to their Hashemite Arab clients to rule - that is today’s Jordan, which is no more nor less than East Palestine in reality.

As relevant here, the borders of the rump Mandate as they existed when Israel declared its independence in May 1948 are the legal borders of the state under the same doctrine of international law that made Crimea and the Donbas region part of sovereign Ukraine: uti possidetis juris.

And that doctrine very explicitly overrides any right to self-determination of any other group within those borders. That the world pretends that lands seized following an illegal war of aggression by Jordan and Egypt and held for 19 years have somehow transformed into “Occupied Palestinian Territory” is a political position not a proper legal determination under international law - which is why, for instance, the General Assembly was careful to frame its case to the ICJ on the legality of Israel’s “occupation” so as to foreclose any inquiry into the question of whether the Arabs or Jews had the superior legal right to this disputed territory.

So, the bottom line is that the legal borders of Israel were set under existing international law, its declaration of independence was consistent with international law and its statehood satisfies the conditions of the Montevideo Convention of 1933 that codified the applicable international law.

Its current existence, of course, arises from its ability to defend itself as international law famously is not self-enforcing. So your conclusion is accurate, but the background should not be forgotten.

As to your main focus on indigeneity, the question only arises from the anti-Israel chorus’ need to counter every argument supporting the Jewish claims. As we see here and elsewhere, evidence and logic play little if any role.

The tactic is essentially the gainsaying of every point in the expectation that people will draw the conclusion that there must be some good faith dispute and the sides are equal when they are not. And even when the Palestinians side is discredited by the overwhelming evidence, the world simply moves the goalposts and the charade continues.

It should be noted that we have seen this same tactic of appealing to a non-existent controversy to confuse the public deployed in other arenas, most infamously perhaps by the tobacco industry in its decades long fight to deny any link between smoking and the increased risk of cancer.

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