Professor, Judge Schwebel, the former President of the International Court of Justice (ICJ) explains why Israel has the better title in the territory of what was Palestine, including the whole of Jerusalem:

“(a) a state [Israel] acting in lawful exercise of its right of self-defense may seize and occupy foreign territory as long as such seizure and occupation are necessary to its self-defense;

“(b) as a condition of its withdrawal from such territory, that State may require the institution of security measures reasonably designed to ensure that that territory shall not again be used to mount a threat or use of force against it of such a nature as to justify exercise of self-defense;

“(c) Where the prior holder of territory had seized that territory unlawfully [Jordan]; the state which subsequently takes that territory in the lawful exercise of self-defense [Israel] has, against that prior holder, better title.

“As between Israel, acting defensively in 1948 and 1967, on the one hand, and her Arab neighbors, acting aggressively, in 1948 and 1967, on the other, Israel has the better title in the territory of what was Palestine, including the whole of Jerusalem.”

This entry was posted on Tuesday, May 25th, 2010 and is filed under ourjerusalem.