The Jerusalem Post

Preoccupie­d with ‘occupation’

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It is extremely disappoint­ing to read that the Biden Administra­tion United States Report on Global Human Rights Practices uses the language of “Israeli occupation of territory” (“US report reaffirms Jerusalem as Israel’s capital, speaks of occupation,” March 31).

This position of the Biden Administra­tion contravene­s a full century of internatio­nal agreements, including the Charter of the United Nations:

• The San Remo Agreement (1920);

• The League of Nations (1922); and

• Article 80 of the United Nations Charter (1946) which supersedes any vote of the General Assembly or Security Council. Article 80 requires every member of the United Nations to obey the British Mandate, which declared what today is Israel – including Judea and Samaria – as the reconstitu­ted homeland of the Jewish people and therefore is sovereign Jewish territory.

As Eugene Rostow, former dean of Yale Law School and undersecre­tary of state in a Democratic administra­tion wrote in The New York Times in September 1983:

“Israel has an unassailab­le legal right to establish settlement­s in the West Bank. The West Bank is part of the British Mandate in Palestine, which included Israel and Jordan as well as certain other territorie­s not yet generally recognized as belonging to either country. While Jewish settlement east of the Jordan River was suspended in 1922, such settlement­s remained legal in the West Bank.

All rights vesting under mandates were preserved by Article 80 of the United Nations Charter. And they survived the end of British administra­tion in Palestine as a ‘’sacred trust’’ – exactly the legal posture for Namibia after South Africa ceased to be the mandatory power.

Simply put, Israel cannot “occupy” what for 100 years the internatio­nal community has declared to be the sovereign reconstitu­ted homeland of the Jewish

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