Legal Reflections on Count Bernadotte’s Proclamation

The establishment of Israel was accompanied by serious violations of the laws and customs of war which amounted to war crimes under customary international criminal law and demands full reparation under the international law of state responsibility.
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The notion of establishing a Jewish state in Palestine with the existence of an Arab Palestinian majority was neither preferable or desirable, nor was this prospect even convenient for any Jewish government or people. The implicit and explicit ideology that governed and continues to govern pre- and post-Israel times is that Israel would not only be a state, but one with a Jewish majority if not an entirely Jewish population. This ideological objective based on racial discrimination has been implemented through the reduction of the Arab majority and the appropriation of its property alongside simultaneous increase of Jewish immigration to the relatively new state. This is corroborated by Menahem Ussishkin, then a Zionist leader, who stated on 12th June 1938 that "the worst is not that the Arabs would comprise 45 or 50 percent of the population of the new state but that 75 percent of the land is owned by Arabs."

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