Legal Basis of the State of Israel

What is the legal basis for the State of Israel?

Some ask the question, “Does Israel have a right to exist?” That is not a properquestion since Israel does exist, is recognized by the United Nations and many other countries, and isno more subject to being so questioned than is the United States, Japan, or any othercountry. Anyone who persists with the question of Israel’s right to exist is one whoseagenda is to eliminate Israel and its Jewish inhabitants.


But there is a legal background to the State of Israel. The Declaration of Israel's Independence, issued at Tel Aviv on May 14, 1948, recites the legal historythat led to the founding of Israel as an internationally recognized sovereign state:

  • The land of Israel was the birthplace of the Jewish people. Here their spiritual, religious and national identity was formed. Here they achieved independence and created a culture of national and universal significance. Here they wrote and gave the Bible to the world.
  • In the year 1897 the First Zionist Congress, inspired by Theodor Herzl's vision of the Jewish State, proclaimed the right of the Jewish people to national revival in their own country.
  • This right was acknowledged by the Balfour Declaration of November 2, 1917, and re-affirmed by the Mandate of the League of Nations, which gave explicit international recognition to the historic connection of the Jewish people with Palestine and their right to reconstitute their National Home.
  • On November 29, 1947, the General Assembly of the United Nations adopted a Resolution for the establishment of an independent Jewish State in Palestine, and called upon the inhabitants of the country to take such steps as may be necessary on their part to put the plan into effect. This recognition by the United Nations of the right of the Jewish people to establish their independent State may not be revoked. It is, moreover, the self-evident right of the Jewish people to be a nation, as all other nations, in its own sovereign State.
  • ACCORDINGLY, WE, the members of the National Council, representing the Jewish people in Palestine and the Zionist movement of the world, met together in solemn assembly today, the day of the termination of the British mandate for Palestine, by virtue of the natural and historic right of the Jewish and of the Resolution of the General Assembly of the United Nations, HEREBY PROCLAIM the establishment of the Jewish State in Palestine, to be called ISRAEL.

At that point, the State of Israel came into existence. The United States recognized the provisional Jewish government as de facto authority of the Jewish state within minutes. The Soviet Union granted de jure recognition almost immediately in 1948 along with seven other states within the next five days (Guatemala, Byelorussia, the Ukraine, Poland, Czechoslovakia, Uruguay, and Yugoslavia).

Since the League of Nations was formally terminated in April 1946, there was a specific UN resolution that preserved the rights of the Jewish people in Palestine (and in Jerusalem particularly). The United Nations, as the successor organization to the League of Nations, adopted Article 80 of the UN Charter, which negated efforts "to alter in any manner the rights whatsoever of any states or any peoples (emphasis added) or the terms of existing international instruments" at the time of the UN's creation. This provision carried the British Mandate granted by the League of Nations, includingall of its committments to a homeland for the Jewish people, into the framework ofinternational law at the United Nations.

Israel's success in defending its territory against the invading Arab armies in 1948made the country an established reality. General elections were held on January 25, 1949: the provisional State Council was replaced by an elected Parliament (Knesset) and the Provisional Government by a regular parliamentary Government.De jure recognition by the United States was extended on January 31, 1949 after the permanent government was sworn in.On January 29, 1949, the former Mandatory Power, Britain, recognized the state of Israel, a step that also recognized the end of British efforts to affect the course of the region?s politics.

In the fall of 1948, Israel had applied for membership in the United Nations but failed to win the necessary majority in the Security Council. In February 1949, Israel renewed its application for membership in the United Nations. On March 4, 1949, the Security Council recommended to the General Assembly that it be admitted. On May 11, Israel was admitted, to become the 59th member. Between January 1, 1949 and May 11. 1949, Israel was recognised by 32 States, in addition to the 20 that had accorded it recognition prior to December 31, 1948. Today Israel has fulldiplomatic relations with most countries of the world, except portions of the Islamic/Arab blockthat continue to believe that Israel can somehow be eliminated.

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§ 11 Responses to Legal Basis of the State of Israel

  • Gamaliel T Gumba says:

    Israel is a name coined by The Almighty during the entreaty of Jacob as he wrestle with an angel till daylight breaks. Jacob become IshRaEL. Jews understand this much better. The house of Jacob ( as Israel) is planted by the Almighty as His vineyard at which all nations of the world can nourish from its sustenance. Israel cannot be obliterated because as if The Almighty can be demolished too. It will be futile for any nation to try to do it. They shall be repulsed and obliterated instead. Better bless Israel and pray its peace and prosperity. So the Almighty will be blessed and He will glorify us i n the midst of these trying times. Shalom Shalom Ysrael. Yahweh Elohim Adonai be with you and richly bless you. Halleluiah

  • ronald locke says:

    I read this whole thing, I am now convinced, (once a skeptic on the issue of the right for Ireals ixistance) that they have every right to exist. Just on the fact that they had been buying the land ever since the 1800′s long before the UN declaired Isreal an independant state. Pre WW2 the Jewish settlers did the land good and to it’s peoples. However one can see how after WW2 millions flooded the land all at once in an area where most of the inhabitants are un educated and probably never even heard of the United Nations. It is no wonder why these inhabitants, otherwise known as Palistinians got upset and grew in opposition. Becouse they are Muslim all the other Muslim nations backed them up to the point of war.

    Today, My feeling are bias, The UN recognized Isreal after WW2 and made them a state. I dont see why they would deny the Palastinians the same thing. Besides, lets get a move on with the peace process as so we can go on to the second coming as it has been prophesized.

  • Jewish613 says:

    Thy themselves are acting in such a way as to make it impossible for them to achieve recognition as a prper, independant state.
    Basing the application on UN General Assembly Resolution 181(11) of 29 November 1947 is meaningless since this Resolution was rejected in1947 and has become extant. General Assembly resolutions in any event are not binding in international law.

    They themselves rejected the UN Resolution by declaring war on the nascent Israel.

    As Chairman of the Palestine Liberation Organization (PLO) – Mr Abbas is committed to maintaining the territorial indivisibility of Israel, Gaza, the West Bank and Jordan under Article 2 of the PLO Charter. The current application contains no mention of his intention to revoke this provision in the Charter or to forgo any claims to any other parts of this territory from either Israel or Jordan.

    Claiming that the application is based on international law and all relevant UN resolutions is contradicted by the fact that the PLO considers all such law null and void under article 20 of the PLO Charter which states:

    “The Balfour Declaration, the Mandate for Palestine, and everything that has been based upon them, are deemed null and void.“

    No commitment has been made by Chairman Abbas to revoke this provision of the PLO Charter as a condition of the UN approving his application for membership.

  • Chuck says:

    Forgive my ignorance, but in recent (200 years say) has any other religious group demanded they have a country for themselves? As far as I know you don’t have to be middle eastern to be a Jew. Only one reason they got anywhere, money and one name Rothschild.

    @Gamaliel T Gumba

    It is exactly this kind of nonsensical statement that allows hate to exist. Basically saying Jews are the chosen ones by a being that has never proven to exist. Why should I care? God doesn’t exist, so how can you make such claims? You are saying you are better than everyone else. Racist, bigot. Threatening other nations, peoples and religions with obliteration. Seems like God’s word to me, but hey what do I know I don’t believe in God. Only things that are proven and factual.

    To wrap up, we are never going to know the truth behind the Jews until it is too late. It is coming soon.

  • Amaris says:

    Hey Chuck, the Arabs as well as the Jews were both encouraged to establish their own states by the British. The Jews did and the Arabs could have cared less. The Balfour declaration was to establish 2 states side by side, an Arab one and a Jewish one, but the Arabs rejected it so there was no Arab state created called Palestine. The Arabs had so many opportunities to create a Palestinian state and they declined every single time. Their goal is the destruction of Israel. They will not live next to a Jewish state. It’s in the PLO charter as one of the Arabs goals to wipe out Israel. Only a fool would continue to try to live in peace with an evil and violent entity that wants you destroyed, yet the nations keep trying to get the Israelis and the Arabs to come to the negotiation table. They totally ignore the fact that the Arabs terrorize Israel on a daily basis, and the fact that the Arabs have launched a propaganda war against Israel that is all lies. No one in their right minds would put up with the crap that Israel puts up with.

    And just because you say G-d doesn’t exist, doesn’t make it so. What are you, the authority on the subject? Everything is according to how Chuck sees things and everyone who has different views from Chuck is wrong? Gamaliel sees something you do not. If you can believe whatever you want, then so can Gamaliel. That’s called freedom. Something you are practicing, but denying Gamaliel. This concept of Israel being for the chosen is in the Torah and it’s in the Koran. There has been an Israelite/Jewish presence in the land of Israel, continuously, for 4000 years. That goes along with the promise that God made to Abraham. There has got to be something to that, seeing as how all the other nations who came up against Israel are now gone or are not a ruling entity any longer, yet Israel and the Chosen remain. Just as God said.

  • Moshe Odayan says:

    According to our teacher, the true authority on the existense of the nation of Israel is the scripture (Torah and Bible).

  • Anyi steve okwu-agbor says:

    The earlier d arabs or muslim world begin to recognance d right of jewish state of isreal to exist d better 4 them and work towards 2 side states wit isreal in d old palestine. D arabs shod read historic accounts of palestine how various invaders including d arabs conquered palestine d arabs are nt sincere and only united against d state of isreal.

  • Anyi steve okwu-agbor says:

    The earlier d arabs or d muslim world begin 2 recognize d jewish state of isreal d better 4 them and work towards two sides state wit isreal . They shod go back to history and discover hw various nations invaded palestine included a arabs, the arabs are nt sincere to themselves only united against d state of isreal, look at arabs now in sudan,egypt and other parts of africa, hw did arabs got to these places? Was it nt via religion -islamic conquest? D arabs complain alot. look out what they are currently doing in africa, nigeria as a case study-boko haram having links to islamic fundamentalists in d arab world. why do u pple want to destroy nigeria becos of political and religion boko harm ,nigerians are nt either arabs or jewishs finally. Supposing the jewish state of isreal becomes an islamic state tomorow. Will d arabs recognize and accept d sovereign rights of isreal to exist?

  • Dorus Vegt says:

    The only legal basis of the State of Israel is the acceptance of the State by the UN. That’s the only way to create a new state. You can’t create a state by saying our G-d has given it to us some time ago. The area given by the UN was much smaller then Israel had become after the War in 1948 and it does not matter who started this war (there are different opinions about this matter) there is no legal basis you can keep this conquered area. And because I think a religion is no legal basis to expand your country, Israel has to give up their settlements and retire behind the greenline (the borders before the war of 1967). The moment the Israeli Government makes a statement like this I’ll think their will be peace and in their own sake the sooner the better, because now they’re still strong and have many support in the West, but this will not be forever.

  • Philip Thompson says:

    Until may 14, 1948 the all the people called Palestinians were Jews. The Arabs were called -
    Arabs or southern Syrians. The newspaper now called the Jerusalem Post was called the Palestinian Post. The Palestinian Symphony was all made up of Jews. There was also a Palestinian Brigade in WWII. They week also all Jews. The same holds for the land given to the Jews and taken by Jordan in the war of independence. The land the Arabs call the West Bank is the Jewish National Homeland Judea and Samaria and the son of Jacob, Judah is where the Jews get their name. This couldn’t be more simple nor could the Muslims have produced a bigger lie and we all no that lying is sanctioned in the Koran. Phil Thompson

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