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Let's Go Back to Israel's 'Pre-War' Borders

Updated: Nov 5, 2023

by Ram ben Ze'ev (Conservative Values)


Uti possidetis is a principle in international law that territory and other property remains with its possessor at the end of a conflict unless otherwise provided for by treaty; if such a treaty does not include conditions regarding the possession of property and territory taken during the war, then the principle of uti possidetis will prevail.


The principle was affirmed by the International Court of Justice in the 1986 case Burkina-Faso v Mali.


According to the League of Nations Mandate for Palestine (Mid-1919 – 22 July 1922), the borders of what would eventually become the Jewish State of Israel were established and are as shown in the blue area of the image above.


Since the creation of Israel on 15 May 1948, we have faced a never-ending state of war, according to the attacking forces. It doesn't really matter whether we think we're at war or not. We are at war, according to those doing the attacking.


The so-called officials of what is commonly referred to as the 'Palestinian Authority', admit that they are at war with Israel. Since January 2013, the Fatah-controlled Palestinian Authority uses the name "State of Palestine" on official documents. So at least in their minds, they are a sovereign state. And they are at war with Israel.


That said, Uti possidetis applies.


This means that Israel is entitled to retake any territories that were taken by the opposing forces during the war.


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Bill White (Ram ben Ze'ev) is CEO of WireNews and Executive Director of Hebrew Synagogue

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