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Is Palestine Arab or Jewish land?

Updated: 10/27/2022
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Framing the question as who owns Palestine already sets the question as having a certain desired answer and also the lack of definitions for what constitutes "ownership" (i.e. a land belonging to a group) and what constitutes "Palestine" make the question difficult to answer.

As for "Palestine" this term is typically interpreted one of two ways. The first way is to refer to all of the land in the British Mandate of Palestine which includes the Modern State of Israel (except for the Golan Heights), the Gaza Strip, and the West Bank. The second way is to refer to exclusively those territories which the Palestinian Authority claims will serve as a basis for a future Palestinian State: the West Bank and Gaza Strip. Understandably, it changes the argument fundamentally if 78% of the territory in question is exempted from the discussion.

As for "ownership" there are two understandings of this word. The first is the literal definition of possessing something. Therefore whatever persons, companies, organizations, or governments own something with proper title as viewed by recognized governments are those who have "ownership". (This is like any typical sale.) The second definition is the perceived Color of Right of Title, which is to say that a certain person, organization, or government should have proper title but does not have it on account of an illegal activity. (This case would come for example if A owned a book and B stole it. While B has physical possession of the book, A still retains ownership since stealing, the act of transfer and acquisition, is illegal.) Understandably, most Israelis claim that no illegal act took place and therefore title properly belongs to them. Palestinians and their sympathizers often (but not always) argue that their land was stolen and therefore, they retain proper ownership.

As for the 78% of Mandatory Palestine which is now the State of Israel, this came about through Israel's acceptance of UN Resolution 181 and its border defense against Arab aggression to counter international laws that they did not like. As a result, the acquisition in the 1947-1949 of war was not an illegal act since self-defense is not a criminal act unless it is grossly disproportionate to the attack and the war was a relatively balanced affair as well as being resolved at the moment that each Arab state was willing to engage in an armistice. Just to clarify, this means that the 1949 borders of Israel belong to Israel.

As for the remaining Palestinian areas that were acquired in 1967, the situation becomes murkier, but as concerns the West Bank, Jordan attacked Israel first and Israel retaliated. Again the self-defense doctrine comes to the fore. Israel would have the rights to those territories acquired in self-defense. However, Israel was willing to concede some of those rights pursuant to a final, lasting peace with its neighbors, which is all that UN Resolution 242 discusses. Those states that have made peace with Israel since 1967 (Egypt and Jordan) have seen the return of territory (in Egypt's case) or the cession of the rights to occupied territory with tertiary partners (Jordan to the Palestinian Authority).

As for Gaza specifically, at this point in history, there are only two parties that claim it, the Palestinian Authority and Hamas. Since Hamas is not recognized as an independent government by any country, it retains exclusively de facto control of the area while the Palestinian Authority retains de jurecontrol pursuant to the Oslo Accords of 1993.

As for the West Bank specifically, since Israel ceded the possible claim to the West Bank to Jordan in UN Resolution 242 and Jordan then agreed to cede its rights to claim the land in full to the Palestinian Authority, the Palestinian Authority has the right to claim the lands of the West Bank. There are certainly Israelis who disagree with the extent of these rights, their viability vis à vis their religion, or use the doctrine of terra nullius to disavow the Palestinian Authority of these rights, but this is the minority of Israelis. Most Israelis want the majority of the West Bank to revert to the Palestinian Authority with a guarantee of peaceful coexistence.

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Q: Is Palestine Arab or Jewish land?
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