published by Yosef Rabin on Jan 09, 2016
Even in UN General Assembly Resolution 181, the terms "Palestinian State" or "Palestinians" does not appear a single time
1. The Jewish communities of Judea-Samaria and Eastern Jerusalem* are not located in an “occupied territory.” The last binding international legal instrument which divided the territory of Israel, Judea-Samaria and Eastern Jerusalem*was the League of Nations Mandate, which explicitly recognized the
right of Jewish settlement in all territories allocated to the Jewish national home under the Balfour Declaration. These rights under the British Mandate were preserved by the successor organization to the League of Nations, the United Nations, under Article 80 in the UN Charter.
2. Until 1993 there was never in history a "Palestinian State" or autonomy of any kind. Meanwhile the Jews have re-established sovereignty for the third time in their history within the Land of Israel. It is therefore, natural for Jews to build homes and communities in these areas. Even in UN General Assembly Resolution 181, the terms "Palestinian State" or "Palestinians" does not appear a single time. Instead the term Arab State is used 20 times and the term Arabs is used 6 times throughout the text. Had the Arabs of the region in question considered themselves "Palestinian" in 1947, the text of Resolution 181 would have reflected that reality.
3. The territory of Judea-Samaria and Eastern Jerusalem* was liberated by Israel in a defensive war, which is a legal means to acquire territory under international law. In fact, Israel’s seizing the land in 1967 was the only legal acquisition of the territory this century. Although Israel did strike first, Egypt and her allies committed six violations which are known in legal law as “casus belli” or legal justification for war.
4. The Jordanian occupation of Judea-Samaria and Eastern Jerusalem* from 1947 to 1967, by contrast, had been the result of an offensive war in 1948 and was never recognized by the international community, including the Arab states, with the exception of Great Britain and Pakistan. This fact was admitted by Stephen Schwebel, who headed the International Court of Justice in The Hague in 1970.
*Judea and Samaria is known by the International Community as the "West Bank because the land is situated on the western side of the Jordan River.
1. Congress affirms the legal and moral standing, of the State of Israel, to build and develop both new and existing Jewish communities in Judea, Samaria and Eastern Jerusalem.
2. Congress affirms the unalienable right of the Jewish Nation to worship and pray on the Temple Mount, Judaism holiest site.