P F Tinmore, et al,
Well there are answers to all of this issues.
Well, just a few off the top of my head.
The Montevideo Conference said that states should have a defined territory.
Israel never had a defined territory.
(ANSWER)
Independence was through the declarative theory of sovereignty. The original delcaration was based on the UN Recommendation which Israel followed. But short lived, because of the external interference and act of aggression on the part of the entire Arab League (5 National Armies), when the smoke cleared and the Armistice Lines where drawn, the State of Israel established sovereignty over the additional territory. Israel has been enforcing that very same border as (defined) sovereign territory.
According to the rule of popular sovereignty, a government derives its legitimacy from the will of the people.
(ANSWER)
The will of the Jewish People, through the voice of the Jewish Aagency, established the Provisional Government and successfully defended it against the Arab League (more than once).
Israel's government was established with the opposition of the vast majority of the people.
(ANSWER)
TheJewish State of Israel established the nation under the rule of law, in the shadow of a Jewish-Arab Civil War, and then against Hostile Arab Palestinians. There was no refugee movements after the succession of hostilities and the establishment of the Armistice Lines.
According to the rule of state succession, (and reiterated in Resolution 181) all of the citizens of Palestine who normally lived in the territory that became Israel will be Israeli citizens.
They didn't get citizenship, they got the boot.
(ANSWER)
General Assembly Resolution 181(II) is a "recommendation" that was attempted to be implemented but was interfered with by the Arab League. (Adverse actions by the Arab League, the Arab Higher Committee, and the Hostile Arab Palestinians, have consequence. The is especially true when the action involved the coordinated attack by the immediately surrounding Arab League Nations (and more).
You should also remember that the:
• The Fourth Geneva Convention did not go into effect until October 1950, after the annexation of the West Bank by parties to the Arab League.
• The 1954 Convention relating to the Status of Stateless Persons did not go into effect until 1954.
• The 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees did not go into effect until after the 1948-49 War of Independence.
But even if any were, it is a well recognized procedure to conduct Rear Area Security Operations.
Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.
DEPORTATIONS, TRANSFERS, EVACUATIONS
ARTICLE 49
Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased.
...
The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demand.
Remember, the Arab Committee declared its intention and threat to open and continue a conflict with the Jewish People over the establishment of the Jewish State in the Statement of 6 February 1948 Communicated to the Secretary-General by Mr. Isa Nakhleh, Representative of the Arab Higher Committee. This threat was made before the War of Independence. The movement of Arab Palestinians out from the rear area was a military imperative to remove a threat potential.
The Arab Higher Committee Delegation reaffirm its position that the Arabs of Palestine would not recognize the Balfour Declaration, the Mandate of Palestine or any situation arising or derived therefrom. Arab Palestinians made a solemn declaration that it is the unflinching determination of every Arab in Palestine to defend his country against any power or group of powers or any force going to Palestine to partition the country. The Arabs are in duty and honor bound to defend their country to the last man. This is a threat. It is a threat that has been backed-up by deeds. The scope and nature of the threat has been demonstrated to the world.
Most Respectfully,
R