Israel Has a Better Title to the Territories Including the
Whole of Jerusalem
The wording of UN Resolution 242 clearly reflects the contention that none of the territories were occupied territories taken by force in an unjust war.
Because the Arabs were clearly the aggressors, nowhere in UN Security Council Resolutions 242 is Israel branded as an invader or unlawful occupier of the territories.
Professor, Judge Stephen M. Schwebel, former President of the International Court of Justice (ICJ) in the Hague, explains:
"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. ... Where the prior holder [Jordan] of territory had seized that territory unlawfully, 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, than do Jordan and Egypt ."
Professor Julius Stone, a leading authority on the Law of Nations, has concurred, further clarifying:
"Territorial Rights Under International Law. ... By their [Arab countries] armed attacks against the State of Israel in 1948, 1967, and 1973, and by various acts of belligerency throughout this period, these Arab states flouted their basic obligations as United Nations members to refrain from threat or use of force against Israel's territorial integrity and political independence. These acts were in flagrant violation inter alia [Latin: among other things] of Article 2(4) and paragraphs (1), (2), and (3) of the same article ."
If the West Bank and Gaza were indeed occupied territory - belonging to someone else and unjustly seized by force - there could be no grounds for negotiating new borders.
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