Israel’s rights in the West Bank areas of Judea and Samaria did not originate with Israel’s attaining control of the area following the 1967 Six-Day War.
Long before, the
Balfour Declaration issued by the British government in 1917 acknowledged the indigenous presence and historic aspirations of the Jewish people to reestablish their historic national home in Palestine. While legally the Balfour Declaration, in and of itself, was a unilateral governmental declaration, it received international legal acknowledgement and validity in a series of instruments, commencing with the 1920
San Remo Conference and Declaration by the Supreme Council of the Principal Allied Powers. San Remo encapsulated the content of the Balfour Declaration into the post-World War I arrangements dividing the former Ottoman Empire. In this way, the Principal Allied Powers finalized the territorial dispositions regarding the Jewish people in respect to Palestine and the Arabs in respect to Mesopotamia (Iraq), Syria, and Lebanon.
The San Remo Declaration stated inter alia that:
“The mandatory will be responsible for putting into effect the declaration originally made on the 8th [2nd] of November, 1917, by the British Government, and adopted by other Allied Powers, in favour of the establishment in Palestine of a national home for the Jewish people …”
This was incorporated into Article 95 of the (unratified)
Treaty of Sèvres of Aug. 10, 1920, and subsequently in the Preamble and Article 2 of the
Mandate for Palestine approved by the
Council of the League of Nations on July 24, 1922:
“The Mandatory shall be responsible for placing the country under such political, administrative and economic conditions as will secure the establishment of the Jewish national home, as laid down in the preamble, and the development of self-governing institutions, and also for safeguarding the civil and religious rights of all the inhabitants of Palestine, irrespective of race and religion.”
The continued validity of these foundational legal rights encapsulated in the various international instruments predating the establishment of the United Nations was also assured under
Article 80 of the United Nations Charter:
“… nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties.”
(full article online)
Israel's Rights in the West Bank Under International Law