Monday, November 12, 2012

  • Monday, November 12, 2012
  • Elder of Ziyon
In the UN on Wednesday:

The Palestine refugees would not disappear into thin air, the representative of Lebanon stated, urging that they be given the right to return. That right was acknowledged in the Magna Carta in 1215 and codified in the Universal Declaration of Human Rights. However, implementing international humanitarian law and resolutions seemed to be inconvenient for Israel, but acting according to law and normality was not a matter subject to convenience.

The Magna Carta? This was a new one on me.

Since Lebanese representatives to the UN tend to simply parrot talking points, I found the likely source for this idea that the Magna Carta discusses a "right to return" all the way back from 1979.

It was mentioned in a document prepared for the UN's "Committee on the Exercise of the Inalienable Rights of the Palestinian People." And the text there shows that duplicity by the "pro-Palestinian" crowd is hardly a recent phenomenon.

The document, called "An international law analysis of the major United Nations resolutions concerning the Palestine question" by William Thomas Mallison and Sally V. Mallison, states:

Historically, the right of return was so universally accepted and practiced that it was not deemed necessary to prescribe or codify it in a formal manner. In 1215, at a time when rights were being questioned in England, the Magna Carta was agreed to by King John. It provided that: "It shall be lawful in the future for anyone... to leave our kingdom and to return, safe and secure by land and water..."

So let's look at the Magna Carta, and see what is hidden behind the ellipses.

42. In the future it shall be lawful for any man to leave and return to our kingdom unharmed and without fear, by land or water, preserving his allegiance to us, except in time of war, for some short period, for the common benefit of the realm. People that have been imprisoned or outlawed in accordance with the law of the land, people from a country that is at war with us, and merchants - who shall be dealt with as stated above - are excepted from this provision.
Ah, so it only applies to people who are citizens of the country they left! And it clearly does not apply to members of a entity that is hostile to the country.This is hardly a universal "right of return," and the authors of this paper knowingly quoted only a small excerpt to promote a ridiculous assertion - one that is now confidently shouted at the UN.

It also obviously doesn't apply to descendants.

1979 anti-Israel writers were no less deceptive than their more modern counterparts.

What about the Universal Declaration of Human Rights?

It says
Everyone has the right to leave any country, including his own, and to return to his country.
But this also only applies to citizens or nationals of that country. The text was meant primarily to stop nations from preventing nationals from leaving, and the "return" clause was only added to strengthen the right of citizens to leave. See CAMERA's analysis. Regrettably, the 1963 UN document that is the source for this is not online as far as I can tell.

(UPDATE: Ian found it online, with free registration from Calameo. Ingles' entire monograph is suffused with references to the right of return of nationals. Several times during his discussion he refers to "the right of a national to return to his country." In addition he discusses the matter of how countries may strip nationality from those who leave their country over a long period of time; again the point being that he is only speaking of nationals of the country in the context of return. Beyond that, the language added to the UDHR for "return" being only to strengthen the right to leave was added by Lebanon:

The Lebanese amendment was to add, at the end of paragraph 2, the words
"and to return to his country".

In submitting his amendment, the representative of Lebanon pointed out that
the text under discussion:

"... was intended to cover all movements inside and outside of a given
State. According to that article, any person had the right to leave any
country, including his own. The ideal would be that any person should be
able to enter any country he might choose, but account had to be taken of
actual facts. The minimum requirement was that any person should be able
to return to his country. If that right were recognized, the right to leave a
country, already sanctioned in the article, would be strengthened by the
assurance of the right to return. Such was the object of his amendment."

And, again, it clearly does not include descendants of those who left. That is an innovation that is uniquely applied to Palestinian Arabs, with legal arguments that are at least as specious as these are.

EoZTV Podcast

Podcast URL

Subscribe in podnovaSubscribe with FeedlyAdd to netvibes
addtomyyahoo4Subscribe with SubToMe

search eoz



follow me

Follow by Email


Share on Whatsapp


For $18 donation

Sample Text

EoZ's Most Popular Posts Ever


Elder of Ziyon - حـكـيـم صـهـيـون

This blog may be a labor of love for me, but it takes a lot of effort, time and money. For over 12 years and over 25,000 articles I have been providing accurate, original news that would have remained unnoticed. I've written hundreds of scoops and sometimes my reporting ends up making a real difference. I appreciate any donations you can give to keep this blog going.


Donate to fight for Israel!

Monthly subscription:
Payment options

One time donation:

subscribe via email

Follow EoZ on Twitter!



The Jerusalem Report:"A seemingly indefatigable one-man operation, armed only with a computer, chutzpa and stamina."

Algemeiner: "Fiercely intelligent and erudite"

Omri: "Elder is one of the best established and most respected members of the jblogosphere..."
Atheist Jew:"Elder of Ziyon probably had the greatest impression on me..."
Soccer Dad: "He undertakes the important task of making sure that his readers learn from history."
AbbaGav: "A truly exceptional blog..."
Judeopundit: "[A] venerable blog-pioneer and beloved patriarchal figure...his blog is indispensable."
Oleh Musings: "The most comprehensive Zionist blog I have seen."
Carl in Jerusalem: "...probably the most under-recognized blog in the JBlogsphere as far as I am concerned."
Aussie Dave: "King of the auto-translation."
The Israel Situation:The Elder manages to write so many great, investigative posts that I am often looking to him for important news on the PalArab (his term for Palestinian Arab) side of things."
Tikun Olam: "Either you are carelessly ignorant or a willful liar and distorter of the truth. Either way, it makes you one mean SOB."
Mondoweiss commenter: "For virulent pro-Zionism (and plain straightforward lies of course) there is nothing much to beat it."
Didi Remez: "Leading wingnut"

Interesting Blogs


Abbas liar Academic fraud administrivia al-Qaeda algeria American Jews Amnesty analysis anti-semitism antisemitism apartheid arab refugees Arafat archaeology art ASHREI B'tselem bahrain Balfour bbc BDS BDSFail Bedouin Beitunia beoz book review Brant Rosen breaking the silence Campus antisemitism Cardozo Chakindas Chanukah Christians circumcision Clark Kent Community Standards conspiracy theories Cyprus Daled Amos Daphne Anson David Applebaum Davis report DCI-P Divest This double standards Egypt Elder gets results ElderToons Electronic Intifada Embassy EoZ Trump symposium eoz-symposium EoZNews eoztv Erekat Erekat lung transplant EU Euro-Mid Observer European antisemitism Facebook jail Fake Civilians 2014 Farrakhan Fatah featured Features fisking flotilla Forest Rain Forward free gaza freedom of press palestinian style future martyr Gary Spedding gaza Gaza Platform George Galloway George Soros German Jewry gideon levy gilad shalit gisha Goldstone Report Good news Grapel Guardian gunness Haaretz Hadassah hamas Hamas war crimes Hananya Naftali hasbara Hasby 2014 Hasby 2016 Hasby 2018 hate speech Hebron helen thomas hezbollah history Hizballah Holocaust Holocaust denial honor killing HRW Human Rights Humanitarian crisis humor huor Hypocrisy ICRC IDF Ilan Pappe impossible peace incitement Indonesia international law intransigence iran Iraq Islamic Judeophobia Islamism Israel Loves America Israeli culture Israeli high-tech J Street jabalya jeremy bowen Jerusalem jewish fiction Jewish Voice for Peace jihad jimmy carter John Kerry jokes jonathan cook Jordan Joseph Massad Juan Cole Judaism Judea-Samaria Judean Rose Kairos Karl Vick Keith Ellison ken roth khalid amayreh Khaybar Lebanon leftists Linda Sarsour Linkdump lumish mahmoud zahar Malaysia max blumenthal Mazen Adi McGraw-Hill media bias Methodist Michael Ross Miftah Missionaries moderate Islam Mohammed Assaf Mondoweiss moonbats Morocco Mudar Zahran music Muslim Brotherhood Nakba Nation of Islam Natural gas Nazi Netanyahu News nftp NGO NIF Noah Phillips norpac NYT Occupation offbeat Omar Barghouti Only in Israel Opinion oxfam PA corruption PalArab lies Palestine Papers pallywood pchr PCUSA Peace Now Peter Beinart Petra MB poetry Poland poll Poster Preoccupied Prisoners propaganda Proud to be Zionist Puar Purim purimshpiel Putin Qaradawi Qassam calendar Quora Rafah Ray Hanania real liberals reference Richard Falk Richard Silverstein Right of return Robert Werdine rogel alpher roger cohen roger waters Rutgers Saeb Erekat Saudi Arabia saudi vice self-death self-death palestinians sex crimes SFSU shechita sheikh tamimi Shujaiyeh Simchat Torah Simona Sharoni SodaStream South Africa Speech stamps Superman Syria Tarabin Temple Mount Terrorism This is Zionism Thomas Friedman TOI Trump Tunisia Turkey UCI UK UN UNDP unesco unhrc UNICEF United Arab Emirates Unity unrwa UNRWA hate unrwa reports UNRWA-USA unwra Varda Vic Rosenthal Washington wikileaks work accident X-washing Y. Ben-David Yemen YMikarov zahran Ziesel zionist attack zoo Zvi

Blog Archive