CHAPTER THIRTY EIGHT — Part 4 of 4

ERASING PALESTINIAN VILLAGES FROM THE MAP AND USURPING ARAB LANDS

1. General Moshe Dayan stated in 1969: "We came to this country which was already populated by Arabs, and we are establishing a Hebrew, that is a Jewish State here. Jewish villages were built in the place of Arab villages. You do not even know the names of these Arab villages, and I do not blame you, because those geography books no longer exist. Not only do the books not exist, the Arabvillages are not there either. Nahalal arose in the place of Mahalul; Gevat in the place of Jibta; Sarid in the place of Haneifa; and Kefar Yehoshua in the place of Tell Shaman. There is not one place built in this country that did not have a former Arab populat; on." (95)

2. The late Martin Buber, the great Jewish philosopher, professor of sociology and philosophy in the Hebrew University, wrote in 1961 an article in the Hebrew magazine Ner in which he stated: "Only an internal revolution can have the power to heal our people of their murderous sickness of causeless hatred (for the Arabs). It is bound to bring complete ruin upon us. Only then will the old and young in our land realize how great was our responsibility to those miserable Arab refugees in whose towns we have settled Jews who were brought from afar; whose homes we have inherited, whose fields we now sow and harvest; the fruits of whose gardens, orchards and vineyards we gather; and in whose cities that we robbed, we put up houses of education, charity and prayer while we babble and rave about being the 'people of the book' and the 'light of the nations!'" (96)

3. General (Reserve) Rehave'am Zeevi was reported as having said "that more than 400 Arab localities which were still in existence in the late '40's had been replaced by Jewish settlements. (97)

WHAT JEWISH WRITERS AND OTHERS SAY ABOUT THE ROBBERY OF ARAB PROPERTY AND ASSETS

Many Jewish writers and intellectuals denounced the acts committed by Jewish authorities against Arab private property. Dr. Shereshevsky of the Ichud Party protested to the authorities and said, "These measures are robbery of land from people who are inhabitants of the country. They are agricultural people like you, citizens like you. There exists only one difference between them and you, they are Arabs and you are Jews. This difference seemed to you so great and decisive that you were ready to trespass on all that is required by law and tradition!" (98)

Mr. Moshe Keren, a well-known Jewish writer, in an article published in Ha'aretz newspaper, Tel Aviv. dated January 14, 1955, said: "The future student of ethnology will wonder how it came to pass that it was the Jewish people ... having themselves been the victims of unparalleled acts of robbery and expropriation, that should have been capable of doing this to a helpless minority." (99)

Mr. Moshe Menuhin, father of the great violinist, Yehudi Menuhin, in an article published in Issues of the American Council for Judaism, Fall, 1961, said: "Who are the Fedayeen? They are self-sacrificing, Arab infiltrators. Miserable, desperate, able-bodied, angry youth, condemned to an unbearable, frustrated life, unable to reconcile themselves to their wretched life in exile, watching their homes, business places, gardens, cows and goats, and the fruits of their fields and orchards being enjoyed by the Jewish invaders. Some of them, in desperation, took their lives in their hands in the early years of their exile, crossed to borders to recover something from their homes, killed Jews and were killed by them."

The famous British historian, Mr. Arnold Toynbee, in an article on the West and the Arabs, published in the Encyclopedia Britannica's Book of the Year, 1959, wrote as follows: "It has sometimes been argued that the Palestinian Arab refugees have forfeited their rights to their property by not remaining in their homes during the hostilities in 1948. This is a doctrine that has not been, and will not be, accepted in the civilized world. If this doctrine were approved, we should have to conclude that the Nazis were justified in seizing the property of the Jews who had the foresight and opportunity to escape from Germany. The principles of upholding property rights leads to the following conclusion: every Palestinian — Jew or Arab — who owns a home and/or property on the other side of the 1949 armistice line and is not being prevented from enjoying the use of that property has a right to return to his home and property and to reenter into possession." (100)

THE ILLEGAL AND FRAUDULENT MANNER IN WHICH THE ZIONISTS DISPOSSESSED THE PALESTINIAN PEOPLE OF THEIR NATIONAL WEALTH AND RESOURCES

In 1948, there were in Palestine 1,440,000 Christian and Muslim Arabs who were the indigenous citizens of Palestine. There were also 253,700 Jews who were indigenous citizens of Palestine, 247,000 Jews who were naturalized Palestinian citizens and 216,000 Jews who were aliens and illegal immigrants. Iok

The Jewish minority used the Zionist terrorist organizations, the Haganah, Irgun Z'vai Leumi and the Stem Gang to commit massacres, war crimes, crimes against humanity and genocide against the Palestinian majority. They occupied 80% of Palestine, expelled 800,000 Palestinian Arab citizens and declared an illegitimate state. This illegitimate state adopted measures, so-called laws and regulations to legitimize their war crimes of usurping the lands, properties and assets in 492 Arab towns and villages which they destroyed. and usurped all Arab houses and apartments in the twelve cities they occupied.

After they actually usurped Palestinian lands and properties in 492 Arab towns and villages and usurped Arab houses and apartments in the twelve cities they occupied, the Zionists adopted the following so-called laws and ordinances in an attempt to legitimize their usurpation and to enable them to usurp more Arab lands from the villages which they did not destroy. These measures were the following:

(a) Abandoned Areas Ordinance of June 13, 1 948; (102)

(b) Emergency Regulations (Cultivation of Waste Lands) (Extension of Validity) Ordinance of January 7, 1949; (103)

(c) Absentees' Property Law of March 14, 1950; (104)

(d) Development Authority (Transfer of Property) of July 31, 1950; (105)

(e) Land Acquisition (Validation of Acts and Compensation) Law of March 4, 1953. (106)

(a) ABANDONED AREAS ORDINANCE OF JUNE 13, 1948

According to this ordinance, an "abandoned area" meant any area or place conquered by or surrendered to armed forces or deserted by all or part of its inhabitants, and which had been declared by order to be an abandoned area. The so-called Minister or any other minister was empowered to make such regulations as he might deem expedient for the expropriation and confiscation of movable and immovable property within any abandoned area. This ordinance was made to have an effect retroactively from May 16, 1948.

(b) EMERGENCY REGULATIONS (CULTIVATION OF WASTE LANDS) (EXTENSION OF VALIDITY) ORDINANCE OF JANUARY 7,1949

This ordinance was first passed on October 15, 1948 and was extended in a January 7, 1949 ordinance. Since 800,000 Palestinians were expelled from the areas they occupied, millions of acres of land were neglected. This emergency regulation was made to enable the Zionists to usurp these lands. The explanatory note to this ordinance stated:

War conditions have resulted in lands being abandoned by their owners and cultivators and left untilled, plantations being neglected and water resources remaining unexploited. On the other hand, the interest of the State demands that, without prejudice to the right of ownership of land or of the property, agricultural production be maintained and expanded as much as possible and the deterioration of plantations and farm installations prevented. For the attainment of these objects it is necessary that the Minister of Agriculture should have emergency powers, which are conferred upon him by these Regulations.

The so-called Minister of Agriculture would issue a notice to the owner of "waste land," who was a refugee either in Lebanon. Syria, Jordan, the West Bank and Gaza or Egypt, and immediately after issuing that notice confiscate this land which was already being used by the Jewish National Fund and other Jewish agencies.

(c) ABSENTEES' PROPERTY LAW OF MARCH 14, 1950

An absentee was defined as follows: A person who, at any time during the period between the 29th of November, 1947 and the 19th of May, 1948, who was a national or citizen of Lebanon, Egypt, Syria, Saudi Arabia, Transjordan, Iraq or Yemen or was a palestinian citizen who left his ordinary place of residence in Palestine for a place outside Palestine before the 1st of September, 1948, or a Palestinian citizen who left his ordinary place of residence for a place in Palestine outside the areas already occupied by Jewish forces.

A Custodian of absentees' property was appointed and all absentees' property rights or interests were vested in the Custodian of absentees' property. The Custodian was given wide powers to dispose of absentees' property in order to serve Israeli interests.

(d) DEVELOPMENT AUTHORITY (TRANSFER OF PROPERTY) OF JULY 31,1950

According to this ordinance, a development authority was created and was empowered to buy, rent, take on lease, take and exchange or otherwise acquire property. It was empowered to sell and transfer the right of ownership of any property to the so-called state of Israel, the Jewish National Fund. other Jewish institutions or local authorities. No transfer of ownership was allowed to any other person or body. The development authority transferred the ownership of Arab houses, apartments, lands, farms, citrus plantations and fruit orchards to the Jewish National Fund or to Jewish settlements.

(e) LAND ACQUISITION (VALIDATION OF ACTS AND COMPENSATION) LAW OF MARCH 4,1953

This ordinance enabled the Minister to issue certificates that on the 1st of April, 1952, land that was not in the possession of its owners, or that land between May 14, 1948 and April 1, 1952 was used or assigned for purposes of essential development, settlement or security and that is still required for these purposes, shall vest in the development authority. The development authority was empowered to register all these properties in the land registry in its name. This means that all the lands usurped by Israel from 1948 to 1952 from the Arab refugees in exile were transferred illegally to Jewish ownership in contravention of the principles of international law.

THE USURPATION AND SPOLIATION OF THE NATIONAL WEALTH AND RESOURCES OF THE PALESTINIAN PEOPLE FROM 1967 TO 1989

The Zionists were not satisfied with the occupation of 80% of Palestine in 1948-49. From 1948 they were planning the occupation of the remaining 20% of the area of Palestine, namely the West Bank and Gaza. This was admitted by Moshe Sharett in his Diaries (see Chapter 36).

On the 5th of June, 1967, Israel waged a war of aggression against Egypt, Jordan and Syria, occupying the West Bank, the Gaza Strip, the Sinai and the Golan Heights. Mordecai Bentov, a former Cabinet Minister, said of the 1967 war: 'This entire story about the danger of extermination was (wholly) invented and exaggerated after the fact to justify the annexation of new Arab territories." (107)

Menachem Begin acknowledged in 1982 that Israel had not anticipated an attack by Egypt in 1967. He stated: "In June 1967, we again had a choice. The Egyptian Army concentrations in the Sinai approaches do not prove that Nasser was really about to attack us. We must be honest with ourselves. We decided to attack him." (108)

On May 25, 1 967, Foreign Minister Abba Eban travelled to Washington to meet with President Lyndon Johnson. That evening, Eban had a preliminary meeting with Secretary of State Dean Rusk. Eban claimed to have evidence of advanced preparations for a two-front, Egyptian-Syrian attack upon Israel. Rusk commented on that point in his note the next morning to the President: "Our intelligence does not confirm this Israeli estimate." (109)

The Zionists did not lose any time in the usurpation of Palestinian lands, annexation and settlement. The City of Jerusalem was the first victim of annexation. The Knesset adopted an illegal decision on June 28, 1967, annexing the Old City of Jerusalem. This annexation was condemned by the United Nations General Assembly on July 4, and July 14, 1967, which stated in its Resolutions 2253 (ES-V) and 2254 (Es-V) that the measures adopted by Israel are invalid, and called upon Israel "to rescind all measures already taken and desist forthwith from taking any action which would alter the status of Jerusalem."

The General Assembly condemned the usurpation of Palestinian lands, the annexation of parts of the occupied territories, the establishment of Jewish settlements and the transfer of an alien population to these settlements in the following resolutions: Resolution 285 1 (XXVI) of December 20, 197 1; Resolution 3525 (XXX) of December 15, 1975; Resolution 32/5 of October 28, 1977; Resolution 33/113 of December 18,1978; Resolution 34/90 of December 12,1979; Resolution 35/122 of December 1 1,1980; Resolution 36/147 of December 16, 1981; Resolution 37/88 of December 10, 1982; Resolution 38/79 of December 15, 1983; Resolution 381144of December 19, 1983; Resolution 39/95 of December 14, 1984; and Resolution 40/161 of December 16, 1985.

The Security Council also adopted several resolutions condemning the confiscation of Arab lands, including the annexation of part of Jerusalem and the establishment of settlements in the occupied territories. These Resolutions, inter alia,

.. determined that all measures taken by Israel to change the physical character, demographic composition. institutional structure or status of the Palestinian and other Arab territories occupied since 1967, including Jerusalem, or any part thereof had no legal validity and that Israel's policy and practices of settling parts of its population and new immigrants in those territories constituted a flagrant violation of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and also constituted a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East.

The following were the most important Security Council Resolutions dealing with this matter: Resolution 237 (1967) of June 14, 1967; Resolution 252 (1968) of May 21, 1968; Resolution 267 (1969) of July 3,1969; Resolution 271 (1969) of September 15, 1969; Resolution 298 (1971) of September 25, 197 1 ; Consensus of Members on November 1 1, 1976; Resolution 446 (1979) of March 22, 1979; Resolution 465 (1980) of March 1, 1980; Resolution 478 (1980) of August 20, 1980; Resolution 508 (1982) of June 5, 1982; Resolution 509 (1982) of June 6, 1982; Resolution 51 1 (1982) of June 18,1982; Resolution 5 12 (1982) of June 19,1982; Resolution 513 (1982) of July 4,1982; Resolution 515 (1982) of July 29, 1982; Resolution 5 16 (1982) of August I, 1982; Resolution 517 (1982) of August 4, 1982; and Resolution 518 (1982) of August 12,1982.

So-called Israel disregarded United Nations resolutions, violated the principles of international law, and continued its usurpation of Palestinian Arab lands from 1967 until 1988. 65% of the lands of the West Bank and Gaza and 95% of the water resources of these areas were usurped by the Zionist war criminals.

THE ILLEGAL AND FRAUDULENT METHODS OF USURPING PALESTINIAN LANDS IN THE WEST BANK AND GAZA

Since the 5th of June, 1967, Israel has been a military occupant of the West Bank and Gaza subject to the principles of international law relating to military occupation. But the Israeli leaders have disregarded and violated all the principles of international law. The illegal and fraudulent military orders they issued to enable them to usurp Palestinian lands can be summarized as follows: (a) Declaring lands in Arab villages as "State Property," thereafter expropriating these lands and enabling the Jewish National Fund, the Jewish Agency and the Gush Emunim terrorist Zionist organization to establish settlements in these lands; (b) Usurping Palestinian lands on grounds of "security" and thereafter handing these lands over for Jewish settlements; (c) Using the illegal absentee's property law of 1950 to usurp lands of Palestinians who were declared absentees, even though many of them still lived in some parts of the West Bank and Gaza; (d) Palestinian lands were usurped by military orders which proclaimed that the land is needed "for vital and immediate military requirements." Thereafter, the lands were handed over for establishing settlements; (e) Palestinian lands were usurped by declaring them closed for military purposes as "security zones." Thereafter, they were handed over for Jewish settlements; (0 Palestinian lands were usurped by military orders declaring that they were expropriated for "public purposes" such as making roads or parks. Thereafter, these roads and parks were made for Jewish settlements; and (g) Palestinian lands were usurped from Palestinian owners by fraudulent sales and fictitious contracts by agents who have no power of attorney to sell these lands. The real owners were dispossessed and were unable to recover their lands through the kangaroo Israeli courts.

As a result of these illegal practices and war crimes, the Zionists were able to usurp 65% of the lands of the West Bank and Gaza and 95% of their water resources. They established 165 Jewish settlements which are inhabited at present by 80,000 Jewish settlers. The following is a list of the distribution of these settlements:

THE TOTAL NUMBER OF JEWISH SETTLEMENTS IN THE WEST BANK AND GAZA

The total number of Jewish settlements established in the West Bank and the Gaza Strip from 1967-1987 is 173 settlements distributed as follows: (110)

THE TOTAL NUMBER OF THE JEWISH SETTLEMENTS IN THE WEST BANK AND GAZA
The total number of Jewish settlements established in the West Bank and the Gaza Strip from 1967-1989 is 175 settlements distributed as follows:
The West Bank	Number of Settlements
Hebron district	24
Jerusalem district Jerusalem subdistrict	17
Ramallah subdistrict	30
Bethlehem subdistrict	13
Jericho subdistrict Nablus district	8
Nablus subdistrict	41
Jenin subdistrict	8
Tulkarm subdistrict	12
Gaza Strip	19
Total	173

 

THE UNITED NATIONS HAS THE LEGAL AND MORAL DUTY TO TAKE MEASURES FOR THE RESTITUTION OF PALESTINIAN ARAB PROPERTIES USURPED DURING THE PERIOD 1948-1988

In accordance with the principles of international law, the Israeli authorities have no rights of sovereignty in the occupied areas of Palestine which they occupied in 1948 and have no more than temporary belligerent occupation and administration subject to the laws of war.

International law upholds the principle of the inviolability of private property and that all usurpation, pillage or looting of private property and assets constitute war crimes.

When the General Assembly adopted the partition resolution 18 1 (11) of the 29th November, 194711', it made express stipulation for the protection of minorities in the proposed Jewish and Arab states and guaranteed civil, religious and proprietary rights for Palestinian Arabs and Palestinian Jews. Part C of that resolution contained a declaration which should have been made by the provisional government of each proposed state before independence. Chapter 1 of that declaration relates to Holy Places, religious buildings and sites. Chapter 2 relates to religious and minority rights. It provides that "No discrimination of any kind shall be made between the inhabitants on the ground of race, religion, language or sex. All persons within the jurisdiction of the State shall be entitled to equal protection of the law. No expropriation of land owned by an Arab in the Jewish State (by a Jew in the Arab State) shall be allowed except for public purposes. In all cases of expropriation full compensation as fixed by the Supreme Court shall be paid previous to dispossession."

The general provision of that declaration states:

The stipulations contained in the declaration are recognized as fundmenutal laws of the State and no law, regulation or official action shall conflict or interfere with these stipulations, nor shall any law, regulation or off~cial action prevail over them.

Chapter 4 of the said declaration states:

MISCELLANEOUS PROVISIONS

1. The provisions of chapters I and 2 of the declaration shall be under the guarantee of thc United Nations, and no modifications shall be made in them without the assent of the General Asscmbly of the United Nations. Any Member of the United Nations shall have the right to bring to the attention of the General Assembly any infraction or danger of infraction of any of these stipuiations, and the General Assembly may thereupon make such recommendations as it may deem proper in the circumstances.

2. Any dispute relating to the application or the interpretation of this declaration shall be referred, at the request of either party, to the International Court of Justice, unless the parties agree to another mode of settlement.

The General Assembly and the Security Council adopted resolutions to impose a cease-fire and truce and freeze the military situation. They confirmed the armistice agreements between so-called Israel and Lebanon, Syria, Jordan and Egypt. These armistice agreements contained the following provisions: (a) "That no military or political advantage should be gained under the truce ordered by the Security Council. It is further recognized that rights, claims or interests of nonrnilivdry character in the area of Palestine covered by this agreement may not be asserted by either party, that the Armistice Demarcation Line is not to be construed in any sense as a political or territorial boundary, and is delineated without prejudice to rights, claims and positions of either party to the Armistice as regards ultimate settlement of the Palestine question."

All these provisions in the partition resolution and the armistice agreements make the United Nations legally and morally responsible to take effective measures to put an end to the war crimes, crimes against humanity and genmide which have been committed by Israel against the Palestinian people from 1948 to 1988.

The United Nations is under the legal and moral obligation to work for a peaceful solution of the Palestinian problem on the following lines:

1. The Security Council and theGenera1 Assembly should pass resolutions placing the West Bank and Gaza under the authority and administration of the United Nations.

2. The Security Council should adopt a resolution under Chapter 7 of the Charter to call upon Israel to withdraw its forces and settlers from the West Bank and Gaza within two weeks.

3. The United Nations should form a United Nations force to be dispatched immediately to the West Bank and Gaza to keep law and order.

4. All Palestinian propefiies usurpd by Israel since 1967 should be restored to their rightful owners.

The General Assembly and the Security Council should declare that the usurpation of the National Wealth of Natural Resources for the Palestinian people from 1948 to 1988 constitute war crimes, crimes against humanity and genocide and declare that all measures taken by Israel, such as ordinances and regulations are void ~b initlo and have no effect. According to the principles of the international law of restitution, all these properties confiscated, expropriated, plundered or looted should be restituted to the rightkl owners.

The Security Council and/or the General Assembly should submit the problem of Palestine to the International Court of Justice for an advisory opinion to be given within three monhs on the following points:

(1) Was the occupation of 80% of Palestine by Zionist forces in 1948 legal?

(2) Was the establishment of Israel in 80% of Palestine in 1948 legitimate?

(3) Dues the usurpation of the national wealth of Palestinians constitute war crimes?

(4) Do the acts and practices which have been committed by Israel from 1967 to today in the West Bank and Gaza constitute war crimes and crimes against humanity?

A United Nations Committee should be established from representatives of the five non-Permanent Members of the Security Council to advise the Security Council and the General Assembly on the proper process for the solution of the Palestinian problem on the basis of the United Nations Charter, the principles of international law and justice, and the opinion of the International Court of Justice.

As a practical step for the preservation, protection and restitution of Arab private property and assets to Arab owners, the United Nations should appoint a United Nations custodian or administrator with the following powers and jurisdiction:

(a) To assume control and take possession of all public and private property and assets in Israel which were owned by, and were in possession of, Palestine Arabs or citizens of Arab States on the 29th of November, 1947.

(b) To administer such property and assets in the best possible business manner and methods, to take all steps necessary for the protection, repair and cultivation of immovable property, and to take the produce and income thereof, on behalf of, and for the account of Arab owners.

(c) To recover and take possession of Arab property and assets which have been appropriated, seized, or expropriated since the 29th of November, 1947, whether the present possessor is the custodian of absentee property in Israel, or Israeli authorities, corporations, funds, Jewish civilians, or agricultural settlers, resident in Israel. And to this effect the United Nations administrator shall regard all so-called laws, ordinances, regulations, and acts committed by Israeli authorities with regard to Arab property and assets, and transactions made as a result thereof, to be invalid and of no effect, being contrary to the stipulations contained in the resolution of the General Assembly No. 18 1 (11), of November 29, 1947, and in violation of the principles of international law and Justice.

(d) To take possession and control of all commercial and industrial enterprises in Israel, owned by Arabs who are at present residing outside the Israel, and to administer same for, and on behalf of, the rightful owners.

(e) To search for, and take possessions of all Arab movable property and personal belongings, such as jewelry, objects of art, furniture, carpets, books, or any other personal belongings which were owned by Arabs on November 29, 1947, and which were looted, pillaged and plundered during the Palestine war, and to take measures for the restoration of the recovered property to its rightful owners.

(f) To claim from Israeli authorities, organizations, companies and individuals, the produce, income, or the value thereof in pounds sterling, the estimated rent of a11 Arab properties and assets in Israel, which the Arab owners have lost control and possession of since November 29,1947. And for this purpose the United Nations administrator shall recover and collect a fair estimated value of the produce, income and rent in pounds sterling, and disregard any arrangement or agreement made with the actual possessor by Israeli authorities and custodian of absentee property.

(g) To take all steps for the restitution and giving possession of property and assets to Arab owners who were wrongfully, under duress, pressure or any official act by Israeli authorities, dispossessed of their property and assets since November 29, 1947.

(h) To claim compensation from the Israeli authorities and individuals for all movable property and personal belongings owned by Arabs, which were pillaged, looted and plundered during the Palestine war 1947-48, and thereafter which are unidentifiable and could not be recovered.

(i) To make arrangements for the transfer and payment of amounts due to Arab owners, either from income and rent of property or from compensation for movable property and personal belongings, to Palestine Arab property administration to be established in the host countries for this purpose and who in turn will pay the amounts received to the individual, rightful owners. Provided that the transfer of these amounts should be made either in Pounds sterling or dollars at the official rate of exchange between the Palestine Pound, and the Pound sterling and dollar on November29,1947. And provided also that the Foreign Exchange Regulations made by Israeli authorities shall have no application to the transfer of money accruing, or due, to Arabs from their properties and assets. Provided further that the Israeli authorities in the occupied area of Palestine be under the obligation to facilitate suc transfers and remittances, and provide the Pounds sterling and dollars necessary for such transfers and remittances.

(j) Should the Israeli authorities in occupied Palestine refuse to give facilities and assistance to the United Nations administrator, or make obstacles or impediments to his authority and activity, the United Nations administrator shall apply to the Generaj Assembly, requesting that it take the appropriate measures to compel the Israeli authorities to give him facilities and cooperation in the discharge of his duties, and the General Assembly shall request the Security Council to take measures under Chapter VII of the Charter to compel the Israeli authorities in occupied Palestine to do so.

NOTES TO CHAPTER THIRTY EIGHT

1. L. Oppenheim, International Law, edited by H. Lauterpacht (London: Longmans, Green & Co., 1952). Seventh Edition, volume 2, p. 432.

2. Von Glahn, The Occupation of Enemy Territory (The University of Minnesota Press: Minneapolis, l957), p. 3 I.

3. Philip Marshall Brown, American Journal of Internationul Law, volume 35 (1941), p. 667, Also The Law of Land Warfare (Washington, D.C.: Department of the Army, 1956), FM 27-10, p. 140.

4. The Law of war on the Land, Manual of Military Law, Part III (The War Office, London), Article 511, p. 143. Also Von Glahn, The Occupation of Enemy territory, p, 3 I.

5. Oppenheim. International Law, volume 2. p. 403.

6. The Law of Land Warfare, C,S. Department of the Army, FM-27-10> p. 152.

7. Ibid., p. 152.

8. Ibid., p. 150.

9. Ibid., p. 152.

10. Oppenheim, volume 9, p. 619.

11. Judgment No. 8 (Jurisdiction), July 26, 1927, Series A, No. 8, pp. 4,28; Judgment No. 13 (Indemnity), September 13, 1928, Series A. No. 17, pp. 4, 27; M. O. Hudson, World Court Reports (1934), pp. 589, 608 646, 677-678. As to this case, see further, ante, pp. 1136- 1138; and Whiteman: Digest of International Law (Washkgon, D.C.: Department of State, l967), volume 8, p. 1199.

12. VIII Bulletin, Department of State, No. 185, January 9, 1943, pp. 21-22. The Declaration of January 5, 1943, is also known as the "St. James Declaration," as the "United Nations Declaration on Forced Transfers" and as the "Inter-Allied Declaration Against Acts of Dispossession Committed in Territory under Enemy Occupation or Control." Also Whiteman, Digest of International Law, volume 8, p. 1202,

13. Reprinted in Bisschop, "London International Law Conference, 1943,'' 38 AJIL (19441, pp. 291-293; and in Von Glahn, The Occupation of Enemy Terrilory, pp. 194- 196.

14. United States Department of State Bulletin (1943). No, 9, p. 207.

15. United States Department of State Bulletin (1944), No. 11, p. 383.

16. Nehemiah Robinson, Indemnification and Reparations (New York: The Institute of Jewish Affairs of the American Jewish Congress and World Jewish Congress, 1944). Second Supplement, p. 118.

17. Ibid., p. 124.

18. Ibid. p. 126.

19. Ibid., p. 126.

20. Ibid., p. 127.

21. Ibid., p. 128.

22. Ibid., p. 130.

23. Ibid., p. 131,

24. I2 F. F. No. 233, November 29, 1947. Also Whiteman, Digest of International Law, volume 8, p. 1204.

25. General Order, No. 10, October 20, 1947; also, Whitman, volume 8, p. 1204.

26. Convention on the Settlement of Matters Arising Out of the War and Occupation; also Whiteman, volume 8, p. 1204.

27. United States TIAS 1648, 61 Stat. 1245, 49 USTS, pp. 160- 161. See also Whiteman, volume 8, p. 1209.

28. War Claims Arising Out of World War II; Supplementary Report of the War Claims Commission, transmitted to President Truman, January 9, 1953. and in turn transmitted by the President to the Speaker of the House of Representatives (Joseph W. Martin, Jr.), January 16, 1953, H. Doc. 67, 83rd Congress, 1st session, pp. 34-35. Also Whiteman, volume 8, pp. 1207-1208.

29. Treaty of Peace with Japan, Sept. 8, 195 I, art. 15, U.S. TIAS 2490; 3 UST3169.3173,3183-3185; I36 UNTS 46, k51.66; and Whiteman, volume 9, p. 1210.

30. Nehemiah Robinson, Indemnification and Reparations, Second Supplement, pp. 2-5.

3 I. Ibid., pp. 5-9.

32. Ibid., pp. 10-15.

33. Ibid., pp. 16-20.

34. Ibid., p. 2 I.

35. Ibid., pp. 21-41.

36. Ibid., pp. 50-53.

37. Ibid., pp. 54-59.

38. Ibid., pp. 60-61.

39. Ibid., pp. 60-65.

40. Ibid., pp, 66-67.

41. Ibid., pp. 68-77.

42. Ibid., pp. 76-78.

43. Ibid., pp. 78-79.

44. Ibid., pp. 79-86.

45. Judgment of the International Military Tribunal for the Trial of German Major War Criminals. Nuremberg, 30th September and 1st October (H. M. Stationery Office: London, l946), p. 54. 46. [bid., p. 54.

47. Ibid., p. 55.

48. Nehemiah Robinson, Indemnification and Reparations, Second Supplement, pp. 135- 136.

49. Ibid., pp. 116-117.

50. Ibid., pp. 251-254.

51. Rabbi Solomon Gansfried, Code of Jewish Law (New York: The Hebrew Publishing Co., 1927), Chapter CLXXXII, pp. 71-74.

52. General Assembly Resolution 1803 (XVII), dated December 14, 1962.

53. General Assembly Resolution 2158 (XXI), dated November 25, 1966.

54. General Assembly Resolution 3201 (S-VI), dated May I, 1974.

55. Report of the Secretary General, dated June 21, I983 (A1381265, EIl983185) containing an Annex of a study about the subject by Dr. Blaine Sloan, Professor of International Law, White Plains, New York and former D~rector of the General kgal Div~sion and Deputy to the Under-Secretary-General, Office of Legal Affairs of the United Nations Secretanat.

56. General Assembly Resolution 3005 (XXVII), dtdted kcember 15, 1972.

57. General Assembly Resolution 3 I75 (XXVIII), dated December 17, 1973.

58. General Assembly Resolution 3336 (XXIX), dated December 17, 1974.

59. General Assembly Resolution 3525 (XXX), dated December 15, 1975.

60. General Assembly Resolution 34/136, dated December 14, 1979.

6 I . General Assembly Resolution 35/100, dated December 5, 1980.

62. General Assembly Resolution 36/173, dated December 17, 1981.

63. General Assembly Resolution 37/135, dated December 17, 1982.

64. General Assembly Resolution 38/144, dated December 19, 1983.

65. Report of the Secretary General dated June 21, 1983 (A/38/265, E/1983/85).

66. A Survey of Palestine Prepared in December 1945 and January 1946 for the Information of the Anglo-American Committee of Inquiry (Jerusalem: Palestine Government Printer. 19461, volume 2, p. 566.

67. Official Records of the Second Session of the General Assembly, Ad Hoc Committee on the Palestine Question, Summary Records of Meetings, 25 September-25 November, 1947, pp. 292-293.

68. Survey of Palestine, volume 2, p. 244,

69. Aharon Cohen, Israel and the Arab World (New York: Funk and Wagnalls, 19701, p. 54.

70. Ibid., pp. 56-61.

71. Nicholas Bethell, The Palelestine Triangle (Andre Deutch. 19741, p. 26.

72. Jewish Villages in Israel (Jerusalem: Jewish National Fund (Keren Kayemet Leisrael, Head Office, 1949), pp. 21-22.

73. Survey of Palestine, volume 2. pp. 946-950, p. 566, p. 37 and volume 1, p. 320.

74. Statistical Handbook of Jewish Pulestine 1947 (Jerusalem: Department of Statistics of the Jewish Agency for Palestine, 19471, pp. 36,40.

75. Survey of Palestine, volume 2, p, 567.

79. Report in the United Nations document A/648, Third Session Supplement, No. 112A - 648.

80. Report of the General Vicar of the htin Patriarch of Jerusalem to the Vatican, dated July 5, 1948.

81. Report of Superior Court of Our Lady of France to the Vatican. July, 1948.

82. Letter of Mgr. Thomas G. MacMahon to the United Nations Secretary General, August 20, 1948.

83. P. 333, #13, Minutes of Cabinet Meetings: Shitrit, June 9, 1948; Bentov, July 4, 1948: and Cizling, July 21, 1948, reported by Tom Segev, 1949 The Firstl.sraelis (New York: The Free Press, 19861, pp. 7 1-72.

84. David Ben-Gunon, Diary, Volume II, p. 589.

85. Custodian's Report, State Archives, Prime Minister's Office 21/05, 5400/C; also Tom Segev, 1949 The First 1sraelis, pp, 72-73.

86. Segev, p. 73: also, Ben Gurion, Diaries, July 7, 1948 (6-7, 1948).

87. Cizling to Ben Gurion, June 16, 1948, State Archives, Foreign Ministry 2401/21/A; also, Segev, pp. 73-74.

88, Custodian's Report, State Archives, Prime Minister's Office 210/05,5440/C; also Segev, p. 74.

89. Dov Shafrir's Report, State Archives, Prime Minister's Office 210/05, Custodian 5440/C: also, Segev, pp. 75-76.

90. Segev, pp. 76-77.

91. Ibid., p. 78.

92. Ibid.

93. Ibid., p. 74.

94. Ibid., p. 79.

95. Ha'aretz, April 4, 1969.

96. Ner, January-February, 1961 published by the Ihud Association.

97. The Jerusulem Post International Edition, March 5, 1988, p. 7.

98. Ner (Jerusalem), April 1953.

99. Ha'aretz, January 14, 1955.

100. Arnold Toynbee, Encyclopaedia Britannica's Book of the Year (1959).

101. Statistical Handbook of Jewish Palestine 1947, p. 55; and Statistical Abstruct of Israel 1983 (Israel Central Bureau of Statistics, 19831, No. 34, p. 7 I.

102. Laws of the State of Israel, volume 1, pp, 25-26.

103. Ibid., volume 2, pp. 70-76.

104. Ibid., volume 4, pp. 68-82.

105. Ibid., volume 4, pp. 151-153.

106. Ibid., volume 7, pp. 43-45.

107. Al Humishmar, April 14, 1972.

108. New York Times, August 21, 1982.

109. "Secret" memorandum for the President from Secretary of State Dean Rusk, dated May 26, 1967, National Security File - Israel, Container 142, volume 12 (Lyndon Baines Johnson Library: Austin, Texas), as reported in Stephen Green, Taking Sides: America's Secret Reiations with a Militant Israel (New York: William Morrow, 1984), p. 197.

110. Documentation and Information Center, Arab Studies Society - Jerusalem, 1987.

111. Records of the Second Session of the United Nations General Assembly, November 29, 1947, Resolution 181 (II).