
Translator: Davood Salehan
Source: Rasekhoon.net
Source: Rasekhoon.net
With the adoption of the partition plan of Palestine, the colonists even ignored their legislated laws. On the other hand, for obtaining a majority of votes, they forced other nations to vote with threats and bribes. This resolution, like the mandate and the Balfour Declaration was legally null and void, but since all the means were at the disposal of the colonial powers and even the organization was settled in their own desires, they recognized Government of Zionism in the League of Nations. The reasons for the invalidity of the resolution of division can be summarized as follows:
a) Lack of competence of the UN: legal position is quite clear in this field. United Nations is an organization which came into existence for the specific purposes listed in the charter. In no time the organization has had authority or the right over Palestine. Hence, the United Nations had no power to make a decision on dividing Palestine, or to give a part of it to a religious minority, most of whom were foreign immigrants to establish a state. Organization members not individually nor collectively could not reign or convert the sovereignty of the Palestinian people or even hurt it or seize their country or by division, destroy the integrity of their country.
Reading Chapter 12 of the UN Charter leaves no room for doubt:
Neither the General Assembly nor any other entity of the United Nations has the authority to take any decision, but recognition of the independence of Palestine and the establishment of a future government for the people of this country. So they have no right to suggest or use force in this way... besides, Palestinian sharing issue involves the transfer of lands and the destruction of its territorial integrity. UN cannot divide Palestine or transfer it and deprive the majority of its people of their country and let it be used only by exclusive minorities in this country.
The General Assembly also had no power to design future Palestinian state because the problem in which only Palestinians had interest would have been exclusive for them. Such advice without the approval of the native people of the country has no legal value and binding force. Since the majority of the Palestinian people had announced their opposition to the partition plan clearly, the division resolution is out of jurisdiction boundaries of the General Assembly and the resolution is void.
Even Americans have admitted that Zionist state is illegal. As Lufthansa, Deputy of Foreign Minister, asked Legal Advisor of Ministry of Foreign Affairs of America to immediately send a note to Clifford in where he notes that early detection of a new-emerging government is illegal under public international law, because it is unjustified intervention in the internal affairs of the former state of Palestine. In addition, recognition of a state immediately after the announcement of existence is not compatible with "conditions set by the Ministry of Foreign Affairs of America about other states".
However Truman changed his position and approved recognizing the Jewish state.
B) (Gradual) invasion to the sovereignty of the Palestinian people: the General Assembly's resolution for partition of Palestine is a flagrant violation of the sovereignty of the Palestinian people. This violation not only was opposed with the principles of the law, but violated paragraph 7 of Article 2 of the UN Charter, which clearly stipulates that none of the material contained in the Charter of the United Nations gives a right of intervene in issues related to countries. Since Palestine was separated from the Ottoman state and its independence was recognized by Article 22 of the Covenant of the League of Nations, the Palestine became independent and separate state. However, Palestine was still temporarily under the mandate that legally had ended as a result of the dissolution of the League of Nations; however, the mandate did not hurt characteristics of being a country and rule of its people. Therefore, the decision about the future of the country's rule is exclusively depended on the Palestinian people and it was irrelevant to the United Nations.
C) Violation of the Covenant of the League of Nations and the UN Charter: The third reason for invalidity of division resolution is that it has violated contained principles in Article 22 of the League Covenant and the UN Charter.
Question of the partition of Palestine should be analyzed based on conditions of the Palestinian mandate, the general principles of the UN Charter and regulations of the League Covenant. Great Britain is the only state that is responsible for the Palestinian State, under Article 5 of the mandate sentence, the guardian state is responsible for "caring that no part of the Palestinian territories is given to other or is not split or is not in the hands of a foreign government". According to mandate article 28, at the end of the mandate period, Palestine must be in "Palestinian Authority". Also according to the article 22 of the Covenant, the Palestinian people should become an independent nation upon expiry of the mandate period.
D) Interference of colonial powers: in 1947, the Arab countries asked General Assembly to refer legal results of Palestine issue, including the issue of qualification of General Assembly on the recommendation or impose of any plan to divide Palestine to the International Court of Justice for further investigation. But the great powers which supported the Assembly's vote in favor of division, and did not want their efforts for mandate to be wasted by opponents rights, opposed in this case and in any case that the issue was referred to the International Court of Justice for legal review and left it without any conclusion.
E) Improper influence: It is no secret that the dividing resolution of Palestine was created by Zionist influence and political pressure from America. Zionists were able to use America's President, Truman, for influence of America in favor of the partition plan. In his notes he complains about the pressure of the Zionists:
The truth is that not only the United Nations, but the White House was under great pressure, the pressure that has never been seen on the United Nations ... even some of the extremist Zionist leaders offered to put pressure on independent nations to win Vote in the General Assembly.
The fact that the Zionist state of Israel came into existence under pressure from the Zionist, and Truman acquitted himself is not true because although Zionists were economically powerful, but they were unable to put pressure on the government of America and the United Nations. Establishment of the Zionist state was desire of Western Europe and America as once Truman became America's President, he said:
America's official position toward the Palestinians is allowing more Jews there, as much as possible ... to facilitate the establishment of a Jewish state there.
Clark Clifford, advisor to President Truman in the White House and United States Secretary of Defense during the Kennedy administration, says:
Truman personally learned Torah. As a student of the Torah, he believed in historic justification of establishment of the Jewish national homeland and believed that the Balfour Declaration of 1917 realized long-standing aspirations of the Jewish people.
Truman says elsewhere in a short sentence:
I taught the Ministry of Foreign Affairs to support the Palestine partition plan.
According to the documents of America's president, Truman put unprecedented pressure on Ministry of Foreign Affairs. A deputy of minister named Samrolls writes:
by direct order of the White House, American staff should directly or indirectly put pressure for the required majority in the final vote.
Defense Minister at the time, James Narstal confirms:
Methods used to put pressure and to force other nations in the UN were approaching.
F) Injustice in the division: when the UN partition plan was presented for election, only six hundred and fifty thousand Jews lived in Palestine while one million three hundred thousand Palestinian Arabs - Muslims and Christians – were there. However, the partition plan devoted 56/4 percent of Palestine to the creation of the Zionist state that included a crowd of 33 percent of residents and at the time they just seized 5/67 percent of the Palestinian territories.
The truth is that nothing implies the two plans of the United Nations for land ownership in Palestine and scattering its inhabitants on the scandalous denial of Western principle of "self-determination". This is the "original sin".
The plan gave the Jews, who were less than a third of the population and owned less than 6 percent of Palestinian land, a land area of 14/500 square kilometers, 57 percent of the total Palestinian state. This suggests that Jews were given a land that was ten times more than what they used to own. In addition, the share of Jews from the coastal plains of the "Acre" to "Isdud" continued and others were fertile land, while mountain and non-plantation areas were in hands of the Palestinian people! In other words, this was not a split, but was looting and therefore it is clear injustice.
/J