Article 80 of UN Charter
Aside from the League of Nations signing into international law the undeniable right of Jews to create their own sovereign state in Israel based on historical and ancestral rights, Article 80 of the United Nations (UN) Charter is equally as important to acknowledge. When the League of Nations dissolved, the United Nations was shortly formed afterwards. In 1945, at the San Francisco Conference, Jewish leaders came forth to ensure that the Jewish rights to Israel were secured.
Professor Eugene Rostown writes, “Strong Jewish delegations representing differing political tendencies within Jewry attended the San Francisco Conference in 1945. Rabbi Stephen S. Wise, Peter Bergson, Eliahu Elath, Professors Ben-Zion Netanyahu* (father of former PM Benjamin Netanyahu) and A. S. Yehuda, and Harry Selden were among the Jewish representatives. Their mission was to protect the Jewish right of settlement in Palestine under the mandate against erosion in a world of ambitious states. Article 80 was the result of their efforts.”
The Mandate for Palestine was thus duly recognized by the UN. This measure guaranteed that Jews had the unalterable right to live anywhere in Palestine, in the region between the Jordan River and the Mediterranean Sea. Even today, this legal right allows Jews to live anywhere in Jerusalem, Judea & Samaria, and in Gaza.
- The International Court of Justice (ICJ) reaffirmed the meaning and validity of Article 80 in three separate cases; the dates included 1950, 1971, and as recently as 2004.
- Eli M. Hertz, an expert on Israel notes, “Professor Eugene Rostow concurred with the ICJ’s opinion as to the “sacredness” of trusts such as the “Mandate for Palestine”:
“‘A trust’ – as in Article 80 of the UN Charter – does not end because the trustee dies … the Jewish right of settlement in the whole of western Palestine – the area west of the Jordan – survived the British withdrawal in 1948. … They are parts of the mandate territory, now legally occupied by Israel with the consent of the Security Council.”
“Under international law, neither Jordan nor the Palestinian Arab ‘people’ of the West Bank and the Gaza Strip have a substantial claim to the sovereign possession of the occupied territories.”
- Arabs were never granted political rights under the Mandate for Palestine, only Jews. The reason for that is because Arab political rights were granted in 4 territories: Iraq, Lebanon, Transjordan (later Jordan), and Syria.