Posted BY: Ted Belman

Israel is the legal owner of all lands west of the Jordan River, as the San Remo Resolution of 1920, The Palestine Mandate of 1922, and Section 80 of the United Nations Charter prove.

After the Six-Day War in 1967, the United Nations Security Council (UNSC) weighed in with Resolution 242 to set the parameters for the achievement of peace among the Arab states in the area. The Jerusalem Center of Public Affairs published Understanding UN Security Council Resolution 242  which is the most definitive analysis of this resolution anywhere.

In it, the UNSC allowed Israel to remain in occupation of the acquired land until she had agreements with all the Arab states in the area for “secure and recognized boundaries.” But even then, she need not withdraw from all territories. Thus, Israel’s “occupation” cannot be considered illegal as she has the permission of the Security Council to remain there.

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It also called for “a just settlement of the refugee issue,” but did not make mention of a Palestinian people nor require a peace agreement with them, nor call for the creation of a Palestinian state.

Finally, it included one noteworthy recital: “Emphasizing the inadmissibility of the acquisition of territory by war.…” 

But there is no such principle in law. To the contrary, in a defensive war, which this undeniably was, the defender gets to keep the lands acquired.  In any event, a recital is not an operative clause.

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