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Palestine and Israel: A Challenge to Justice

1991, Michigan Law Review

Abstract

In 1897 Zionism emerged as a European-wide political move ment with the first World Zionist Congress held in Basle, Switzer land, where Theodor Herzl, an editor of the influential Viennese paper, Neue Freie Presse, had emerged as a leader. Herzl's 1896 pamphlet Der Judenstaat (The State of the Jews) had called for a Jewish state in Palestine, and its publication in Vienna made a great impact. Not surprisingly, Zionism had its strongest following in Russia, but even there it was only one of several nationalist currents in Jewry.2 Despite the difficult circumstances of life, most Jews remained in Eastern Europe and of those leaving most still preferred the United States. 3 In Palestine, an Arab-populated country under the Ottoman (Turkish) Empire, Zionist immigrants set up agricultural settlements on pur chased land. "From the very beginning," wrote Ariel Hecht, an Israeli analyst of land tenure in Palestine, "it was clear to the leaders of the Zionist movement that the acquisition of land was a sine qua non towards the realisation of their dream."4 Land was not acquired in a random fashion. The effort, wrote Israeli General Yigal Allon, was "to establish a chain of villages on one continuous area of Jewish land.'0 The Arabs, soon realizing that the immigrant's aim was to establish a Jewish state, began to oppose Zionism.6 As early as 1891 Zionist leader, Ahad Ha'am, wrote that the Arabs "understand very well what we are doing and what we are aiming at."7 In 1 90 1 the World Zionist Organization formed a company, the Keren Kayemeth (Jewish National Fund), to buy land for Jewish settlers.8 According to its charter, the Fund would buy land in "Pal estine, Syria, and other parts of Turkey in Asia and the Peninsula of Sinai."9 The aim of the Fund was "to redeem the land of Palestine as the inalienable possession of the Jewish people."10 Fund director, Abra ham Granovsky, called "land redemption" the "most vital operation in establishing Jewish Palestine."11 The Fund's land could not be sold to anyone and could be leased only to a Jew, an "unincorporated body of Jews," or a Jewish company that promoted Jewish settlement. A lessee was forbidden to sublease.12 Herzl considered land acquisition under a tenure system that kept it in Jewish hands as the key to establishing Zionism in Palestine. "Let the owners of immovable property believe that they are cheating us," he wrote, "selling us things for more than they are worth. But we are The British Connection 5 not going to sell them anything back."13 The Fund thus kept land as a kind of trustee for a future state.14 The Fund purchased large tracts owned by absentee landowners. Most of this land was tilled by farmers whose families had held it for generations with possessory rights recognized by customary law. Re grettably for many of these families, in the late nineteenth century Turkey had instituted a land registration system that led to wealthy absentees gaining legal title to land, often by questionable means. After this occurred, the family farmers continued in possessionas tenantsand considered themselves to retain their customary right to the land, although that was no longer legally the case.15 At the turn of the century the better farmland in Palestine was being cultivated. In 1882 a British traveler, Laurence Oliphant, reported that the Plain of Esdraelon in northern Palestine, an area in which the Fund purchased land, was "a huge green lake of waving wheat."16 This meant that the Fund could not acquire land without displacing Arab farmers. A delegate to a 1905 Zionist congress, Yitzhak Epstein, warned: "Can it be that the dispossessed will keep silent and calmly accept what is being done to them? Will they not ultimately arise to regain, with physical force, that which they were deprived of through the power of gold? Will they not seek justice from the strangers that placed themselves over their land?"17 An element of the Zionist concept of "land redemption" was that the land should be worked by Jews. This meant that Arabs should not be hired as farm laborers. While this policy was not uniformly implemented, it gained adherence. In 191 3 Ha'am objected to it. "I can't put up with the idea that our brethren are morally capable of behaving in such a way to men of another people ... if it is so now, what will be our relation to the others if in truth we shall achieve power?"18 But Herzl viewed the taking of land and expulsion of Arabs as complementary aspects of Zionism. It would be necessary, he thought, to get the Arabs out of Palestine. "We shall try to spirit the penniless population across the border by procuring employment for it in the transit countries, while denying it any employment in our own country.. .. Both the process of expropriation and the removal of the poor must be carried out discreetly and circumspectly."19 Some Zion ist leaders advocated moving Palestine Arabs to neighboring coun Israel as a Fact 89 draw its support for Israel's membership in the United Nations and warned against any further idf offensives.20 Under that pressure Ben-Gurion withdrew the idf from Egyptian territory and canceled plans to take Gaza and the Sinai.21 At the same time Ben-Gurion withdrew the idf from southern Lebanon, where it had penetrated. The Litani River, an important water source, flowed through southern Lebanon. General Yigal Allon criticized Ben-Gurion's decision to withdraw, complaining that the Index Aaland Islands, Abdiilhamid II (sultan of the Ottoman Empire), 7 Abdullah (emir of Transjordan, King of