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Emet m'Tsiyon

Tuesday, May 15, 2018

France Foreign Ministry Falsifies International Law, Accusing the US of Violating It

In a fit of desperation at seeing their beloved "Palestinians" losing ground politically/diplomatically, the French Foreign Ministry, led by foreign minister Jean-Yves LeDrian accused the United States of violating international law by deciding to move its embassy to Jerusalem. It is very seldom that France or its NATO allies accuse the USA of violating international law. So this statement is remarkable for that reason, besides being a lie. See below the French statement:

France disapproves of the American decision to transfer the United States embassy in Israel from Tel Aviv to Jerusalem, as President Macron has reaffirmed on several occasions. This decision contravenes international law and in particular the UN Security Council and General Assembly resolutions. [here]
La France désapprouve la décision américaine de transférer l’ambassade des Etats-Unis en Israël de Tel Aviv à Jérusalem, comme l’a rappelé à plusieurs reprises le président de la République. Cette décision contrevient au droit international et en particulier aux résolutions du Conseil de sécurité et de l’Assemblée générale des Nations unies. [ici]

Why is the French statement a lie? 
The San Remo Conference and the League of Nations assigned the Land of Israel, what the Europeans --although not the Arabs-- called "Palestine." as the Jewish National Home in 1920 and 1922 respectively. The Preamble to the League of Nations Mandate for Palestine (1922) specifically referred to the historical connection of the Jews with the Land:
Whereas recognition has been given to the historical connection of the Jewish people with Palestine  and to the grounds for the reconstituting their national home in that country . . . .
Even after the exile from Jerusalem forced by the Roman Emperor Hadrian, who changed the city's name to Aelia Capitolina, Jews returned to Jerusalem in late Roman times and after other periods when they had been expelled from the city and forbidden to live there. Jews have lived in Jerusalem continuously after the Crusades since the Mongol withdrawal from the city in 1260. In more recent times, Jews became the absolute majority of inhabitants of the Holy City in the middle of the nineteenth century, by 1853, if not before. In 1853, the Old City was the whole city. Hence the Jews were the majority then in the Old City and up to at least 1900.

Now the Quai d'Orsay [French foreign ministry] makes a legal argument supposedly based on international law. But Article 80 of the UN Charter, 1945, confirmed Jewish rights to the Land under the Jewish National Home principle previously adopted by San Remo and the League. Hence, in November 1947 when the UN General Assembly recommended accepting the partition plan for the country of the UNSCOP [UN Special Committee on Palestine], the existing legal status of the Land of Israel ["Palestine"] was that of the Jewish National Home. Since the UNSCOP Partition Plan was a recommendation, it was not law. In fact, the General Assembly can only make recommendations on political matters, according to the UN Charter. Therefore, subsequent General Assembly resolutions on the Land of Israel are no more law and no more binding than the UNSCOP plan. Therefore, the General Assembly resolutions that the Quai d'Orsay statement mention are not law and not at all binding. They are only recommendations.

Security Council resolutions are considered binding. However, the SC cannot legally revoke rights of peoples and states that it does not like or no longer approves. Especially when the people or state in question is already exercizing that right. The anti-Israel resolutions of the GA and SC of the past and future can rightly be seen as Judeophobia, anti-Jewish expressions. The France of today is the heir of Vichy France and has no right to lecture Israel on its rights no more than the Palestinian Arabs whose top leaders collaborated with Nazi Germany and in the Holocaust.

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