No, the United Nations Didn’t Create Israel
Hanan Ashwari, a member of the PLO Executive Committee, recently restated one of her favorite falsehoods about the creation of Israel. This falsehood — ironically often advanced by both Israel’s supporters and its enemies — holds that Israel was created by the United Nations in its Palestine Partition Resolution 181, passed on November 29, 1947, and implemented by Great Britain’s withdrawal on May 14, 1948.The Waters Were Already Muddy: A Rebuttal to Victor Kattan
This is a pernicious lie that portrays Israel as existing simply as a result of “the kindness of strangers” and as a foreign body imposed on the region by outside forces.
In fact, Jews have yearned and struggled to return to their ancestral homeland for three millennia. Zionism began as a movement in 1897, when Jews began to resettle in what was then called Palestine, culminating in Israel’s Declaration of Independence in 1948 on the same day that Great Britain left.
Those dates in 1947 and 1948 were momentous events in the Zionist effort to create a Jewish nation in its indigenous land, and are celebrated annually in Israel and among most Diaspora Jews. But November 29 — the date of the UN General Assembly vote to recommend the partition of Palestine — is, appropriately, not an Israeli holiday. But May 14 — or its equivalent date on the Jewish calendar — is feted as Israel’s Independence Day.
In any event, the UN Palestine partition is of merely symbolic value in explaining Israel’s creation.
On 3 July 2019, we submitted a communication to the Office of the Prosecutor (“OTP”) of the International Criminal Court (“ICC”) (summarised here) which argued that Palestine’s objective legal status as a non-State entity, as well as Palestine’s indeterminate sovereign territorial claim, operate as barriers to the exercise of ICC jurisdiction in potential cases. On 9 August, Victor Kattan responded on these pages (here and here) by suggesting that our communication constitutes an attempt to “muddy the waters” and that Palestine’s objective legal status as a State is clear, as is its sovereign territory. Mr Kattan’s suggestion of bad faith is regrettable. Rather than demonstrate the clarity of Palestine’s status or territory, his posts further demonstrate their uncertainty.Myths and Facts: Palestine is a geographical area, not a nationality
Mr Kattan asserts that “only Palestine has sovereign legal title to the territories occupied by Israel in June 1967” and argues that to assert an Israeli claim in this territory makes “a complete mockery of the law of occupation”. Yet Mr Kattan’s argument relies on inconsistent and unsustainable legal and historical claims. Mr Kattan firstly claims that General Assembly Resolution 181(II) of 29 November 1947 is of dispositive effect. Secondly, he asserts that Israel waived its territorial claim to West Bank territory between 1949 and 1967. Thirdly, he appears to claim that following Jordan’s occupation of the West Bank between 1949 and 1967, a Palestinian State seceded from Jordan in the West Bank. This rebuttal considers these three dubious claims in more detail.
The effect of General Assembly Resolution 181(II)
Mr Kattan argues that the 1947 UN Partition Plan contained in Resolution 181(II)“represented a special agreement between the United Nations and the Mandatory Power” which was of dispositive effect. Yet it is trite that General Assembly resolutions are generally not binding and, in its own terms, Resolution 181(II) “recommended”its adoption and implementation to the UK (as Mandatory Power) and to UN Member States. It was not an agreement between them. Resolution 181(II) was, of course, vigorously rejected by Arab States who stated an objective to create a “United State of Palestine” throughout the former Mandate territory.
Mr Kattan nevertheless relies on Lausanne Protocol of 1949 to support his argument with respect to Resolution 181(II)’s supposedly dispositive effect, as well as to Israel’s supposed waiver of claims to West Bank territory in 1949. Yet the Lausanne Protocol, in its own terms, was a “working document… to be taken as a basis for discussions.” It was a “proposal” which would “bear upon the territorial adjustments necessary” for its “objectives” to be satisfied. At the Lausanne negotiations, Israel contemplated a land for peace formula and expressly excluded Jerusalem from the negotiations (see UN doc. A/927, 21 June 1949, paras. 28, 30). It is plainly wrong for Mr Kattan to suggest that the Protocol conferred a binding effect through agreement on the 1947 UN plan.
Historically, before the Arabs fabricated the concept of Palestinian peoplehood as an exclusively Arab phenomenon, no such group existed. This is substantiated in countless official British Mandate-vintage documents that speak of the Jews and the Arabs of Palestine – not Jews and Palestinians.
In fact, before local Jews began calling themselves Israelis in 1948 (when the name “Israel” was chosen for the newly-established Jewish State), the term “Palestine” applied almost exclusively to Jews and the institutions founded by new Jewish immigrants in the first half of the 20th century, before the state’s independence.
Some examples include:
- The Jerusalem Post, founded in 1932, was called The Palestine Post until 1948.
- Bank Leumi L’Israel, incorporated in 1902, was called the Anglo-Palestine Company until 1948.
- The Jewish Agency, an arm of the Zionist movement engaged in Jewish settlement since 1929, was initially called the Jewish Agency for Palestine.
- Today’s Israel Philharmonic Orchestra, founded in 1936 by German Jewish refugees who fled Nazi Germany, was originally called the Palestine Symphony Orchestra, composed of some 70 Palestinian Jews.
- The United Jewish Appeal (UJA) was established in 1939 as a merger of the United Palestine Appeal and the fund-raising arm of the Joint Distribution Committee.
Arabs are not satisfied with one Palestinian political entity (Jordan) where they are the uncontested majority and have the political machinery and the territory for self-determination. Instead, they want an additional state because twenty-one Arab states are not enough (and one Jewish state is one too many).






























