The Middle East: Whose Land Is It Anyway?
The previous post on this topic, The Middle East: History, has demonstrated that based on history alone the state of Israel is the rightful owner of all the land contested by the Arabs and Jews.
But there is a significant difference between rightful and legal ownership. One could be the rightful owner of a piece of real estate, yet still not legally own it.
For example, a current legal owner could have acquired legal ownership title to the property from the rightful owner through coercion or trickery – which wouldn’t represent a “rightful” transition of ownership, but a fraudulent transfer of ownership. Hence the previous owner would remain the “rightful” owner because the legal transaction was fraudulent. But he would still not be the legal owner. Unless a duly authorized judge reverses the fraudulent but legal transfer of ownership from the current legal owner back to the rightful owner, the rightful owner will have lost all ownership rights to the property in question. Clearly, legal ownership always overrides rightful ownership and remains with the same legal owner until another transfer occurs in a subsequent legal transaction.
Based on the above we conclude that
- Taking legal ownership of property without a legal transaction is theft.
- Taking legal ownership of property without a rightful legal transaction is fraud.
Legal ownership of a piece of real estate is always supported by – and verifiable through – some duly recognized, authorized, registered, and archived documents; typically a deed and title to the property. The same situation remains true for real estate transactions between countries and states. The United States, for instance, acquired both Louisiana and Alaska through purchase transactions legally executed and documented by treaties with France and Russia respectively. Consequently the United States became the uncontested “legal owner” of Louisiana and Alaska.
It used to be that in the case of war, the conqueror would simply take possession of the loser’s conquered land. Starting in the last several hundred years, however, a new practice has become accepted practice under international law: The loser is required to sign a peace treaty with the winner, and ownership title to the land is formally transferred and documented as part of the terms of the peace treaty. Such transfer of title is considered to be just as valid and legally binding as any other transfer of property between countries via a purchase transaction. The peace treaty of course is signed and archived just as a deed and title would be signed and archived. Ownership remains in effect until changed by some subsequent legal proceeding. Therefore, under modern international law, legal ownership can always be determined based on these archived documents.
What happens when a property is sold? A title search is always conducted to make sure there are no registered outstanding legal claims against the property. If outstanding claims are found, such claims must be resolved before the transaction can proceed.
Dr. Jacques Gauthier, an accomplished international attorney, has spent the last 20 years conducting just such a “title search” on the land of Israel as part of his Doctoral thesis. His objective was to untangle the legal validity of the various competing claims on Jerusalem and to answer the question,
“Who owns or has legal rights to Jerusalem?”
He began his project with no preconceptions. He ultimately concluded that the state of Israel has a strong and well-documented legal claim not just to the entire city of Jerusalem, but also to all the Biblical land granted to the Jews by God:
“Dr. Jacques Gauthier, a Canadian lawyer who specializes in international law, answered that question on Wednesday with a resounding yes and suggested that if a theoretical court that was 100-percent objective were to study the legally relevant facts, ignoring politics, it would find unequivocally that only Israel possesses the exclusive title to Jerusalem.”
Dr. Gauthier’s findings are compiled in an impeccably researched and documented 5,000 page report I will not attempt to summarize. He also presented his findings at the Jerusalem Center for Public Affairs in a briefing on June 11-12, 2013. Anyone with an interest in the Middle East, justice, and fairness needs to watch his presentation.
If the Jews have such strong, rightful, and legal claims on much more land than encompassed within today’s nation of Israel,
- Why have all the nations united to force Israel into giving up even more land in return for an ephemeral peace and security that never seems to arrive?
- Why is Israel treated differently from other nations?
- Why is the land of Israel suddenly the most hotly contested real estate on the face of the planet now that the Jews have returned home?
Because Israel is the battleground of the gods, and we are seeing Biblical prophecy unfold right before our eyes:
“Thus says the Lord GOD: This is Jerusalem. I have set her in the center of the nations, with countries all around her.” (Eze 5:5)
Jerusalem is God’s capital on earth. Therefore all God’s enemies on earth and in heaven are joining forces and turning against her. This supernatural conflict is made manifest to us as all nations turning against Israel. But the Lord God of Israel, the one true God, will prevail against them all…
“On that day I will make Jerusalem a heavy stone for all the peoples. All who lift it will surely hurt themselves. And all the nations of the earth will gather against it.
On that day, declares the LORD, I will strike every horse with panic, and its rider with madness. But for the sake of the house of Judah I will keep my eyes open, when I strike every horse of the peoples with blindness.” (Zec 12:3-4, emphasis added)
In the Middle East, be careful which side you choose, because
All is not as it looks!