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Home Cultural Issues Other Cultural Issues Prager 5 Minute Videos Israel’s Legal Founding | 5 Minute Video
Prager 5 Minute Videos

Israel’s Legal Founding | 5 Minute Video

February 23, 2015
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When the state of Israel was founded in 1948, it was done so with the approval of the United Nations. But today, Israel’s enemies routinely challenge the legitimacy of its very existence. So, under international law, who’s right? Israel? Or its enemies?

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Script:

Of all the countries that have come into existence in the last century, no country’s birth certificate is more legitimate than that of Israel.

One reason is that many of the men who founded the country — Theodore Herzl, Ze’ev Jabotinosky, David Ben Gurion, Menecham Begin, and Yitchak Shamir — were either lawyers or had legal training. They were obsessed with “making it legal.”

Unlike almost every other country, lawyers, not generals, were the midwives of Israel’s birth — or more accurately re-birth, since it had existed as an independent country twice before in history.

Step by legal step Israel moved legally toward nationhood — from the Balfour Declaration in 1917, to the San Remo Agreement in 1920, the League of Nations Resolution in 1922, to the Anglo-American Convention on Palestine in 1924, to the partition of land ordained by the United Nations in 1947 into a nation-state for the Jewish people and an Arab state.

Yet, immediately upon its lawful establishment in 1948 as the nation-state of the Jewish people, Israel was illegally attacked by all the surrounding Arab states as well as by elements of the local Arab population. In defending its right to exist during that war, Israel lost one percent of its population, including many civilians and Holocaust survivors. It also lost some of the land assigned to it by the United Nations. It captured other land from the aggressors that was originally assigned to the Arab state. The end result of that war against Israel was an armistice line that prevailed until 1967, when Israel was once again attacked by Jordan during Israel’s war with Egypt and Syria.

Between 1948 and 1967, despite the armistice, Arab terrorists continued to infiltrate Israeli borders and to injure and kill Israeli citizens. This was part of an official policy by the surrounding governments and by leaders of local Palestinian groups. All of it was in violation, obvious violation of International law.

Following the establishment of Israel a transfer of populations occurred. Several hundred thousand Arabs who fled from Israel during the War of Independence were not allowed to return. Some had chosen to leave, assured by their Arab leaders that the fledging country would not last a week. Others were forced to leave. At that time, approximately the same number of Jews were forced to leave Arab countries — another violation of International law — where they had lived for thousands of years. The difference was that Arab countries kept the Arabs who left Israel in refugee camps, where many of them still live more than half a century after leaving Israel. And Israel, on the other hand, fully integrated all the Jewish refugees from Arab countries into Israeli society, where many of their descendants now serve in the highest positions of Israeli life.

Israel’s establishment as the nation-state of the Jewish people by entirely lawful means is quite remarkable for several reasons. First, there is no country in the world that is as surrounded by hostile enemies as is Israel. It’s been that way since 1948. Yet Israel sought the way of the pen rather than of the sword. It has needed the sword to survive. But its preference has always been for the pen, that is, for peaceful negotiations. Its peace treaty with Egypt in 1978, its peaceful abandonment of Gaza in 2005, and its many attempts to reach a peace agreement with the Palestinians are examples.

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Tags Alan DershowitzArab-Israeli Conflictdennis pragerFatahgazahamasInternational LawIsraelIsraeli-Palestinian ConflictOslo AccordspalestinePalestinian AuthorityPeace Processpragerprager universityprageruWest Bank
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33 Comments

  1. @JohnSmith-ug5ci says:
    November 23, 2024 at 11:19 am

    Sir you asked what the one reason for Israel is being denied and persecuted. It is because they rejected and murdered their Messiah. That being said God has not abandoned Israel, the Jew, but I tell you with great sadness terrible judgment is coming for the Jew and the world before the Jew finally accepts "Joshua Hamashiach" who they called for to be crucified.

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  2. @captainnima says:
    November 17, 2024 at 2:04 pm

    I wish they had picked someone else than Alan Dershowitz for this. His constant insistence brings up a question that if Israel is so legitimate why does it need so much legal protection and representation? Israel is legit but it’s not without her own mistakes and aggression

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  3. @brycefehrenbacher6669 says:
    October 13, 2024 at 6:25 pm

    There is no such thing as a Palestinian people! Even at the time of the Israeli independence in 1948 no Arab called themselves that. Theres no “Palestinian” culture, no “Palestinian” language…nothing. Even Arab leaders have said that it’s a fabrication. The DNA and even the surnames of those people clearly are modern era names from Egypt and distant Arab countries.

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  4. @JenE3377 says:
    September 8, 2024 at 3:05 pm

    Yes, I have a better explanation. It is Satanic. Allah is Satan.

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  5. @vinonavortex5582 says:
    September 5, 2024 at 2:00 am

    Dershowitz shysterism. Why anybody still listens to this guy only explainable by the fact that forty percent of USA population are brain dead trumpists. Dershowitz three most prominent clients Simpson trump Epstein trifecta of trash evil pathetic

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  6. @joymychoice says:
    August 8, 2024 at 2:17 am

    I think spiritual warfare is the foundation, that the bigotry – antisemitism is built upon. There are lies & strong delusion with an unreasonable hatred that cannot be explained. God loves Israel so the devil hates Israel. ❤️🇮🇱🙏🏼🇮🇱❤️

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  7. @suleiman1520 says:
    August 7, 2024 at 3:36 pm

    Isn’t this the guy who abused Virginia Giuffre?

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  8. @kelloggcorn322 says:
    July 4, 2024 at 4:26 am

    I once read that the Balfour Declaration by the British is not considered legal. Can someone who is more learned comment on this? And if it can not be legally recognised internationally, then the partitioning of India and Pakistan also by the British Empire is also illegal?

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  9. @janedawson1398 says:
    May 15, 2024 at 9:55 am

    710,000 Arabs “fled” he says. Wow. Perhaps Kanye was right about Jewish lawyers.

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  10. @myrrhbear says:
    May 3, 2024 at 4:23 pm

    Good video overall. One detail he got wrong though, and which is very significant, is that he implied that Israel's right to exist as a nation was granted and ordained by the UN's partition plan in 1947. That is not correct and is massively misleading. First of all the partition plan was a non-binding recommendation, not the writing of a law or granting of rights. Second, the partition plan was recommended to the Jews and to the Arabs, and whereas the Jews expressed willingness to accept this plan if it could mean peace, the Arab leaders entirely and fervently rejected this recommendation, rendering it null and void. Legally it had absolutely no effect on the borders of the Jewish national home. And then of course the very next day the Jewish people were subjected to a war of aggression by the Arabs seeking to ethnically cleanse the Jews from the Middle-east. The Arabs lost that war. It is also of critical importance to recognise that the UNs recommendation was in fact ILLEGAL in the first place. At the end of WW1 when the Ottoman Empire was finally dissolved, Israel was occupied briefly by the British, but then in 1922, all 51 member countries of the League of Nations unanimously voted to recognise the Jewish people's right to the land of Israel, not by sufferance (i.e. not in compensation for the brutality done to the Jewish people for millennia) but by historical *right*. Once the League of Nations was disbanded and the United Nations took its place, the member states of the UN agreed to maintain all agreements and not “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” (article 80, U.N. Charter). It was therefore illegal for the UN to suggest altering the borders of the Jewish national home. It was also immoral to suggest to Israel that in order to achieve peace, half the country be given to the very Arab aggressors who had already spent decades using terrorism and murder driven by enormous zealous hatred, to annihilate all Jews.

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  11. @aujax1 says:
    March 20, 2024 at 12:17 pm

    my main issue with israel is not legality, or even treatment of palestinians. its the use of american tax dollars to fund a country when the benefit is almost entirely to israel. this relationship creates enemies for america and inspires terrorists to attack us. we also know about bad-faith israeli actions such as the Lavon Affair, the USS Liberty Attack, Jonathan Pollard spy scandal, sale of American-provided military tech to China in the 80’s and 90’s, the lobbying for the disastrous Iraq war in the 2000’s (Saddam was an acknowledged enemy of Israel and many Jewish neocons pushed very hard for that war, which was waged based on falsified information). And these are just the bad behavior that we KNOW about. Its just not worth all the bad treatment and spending and other downsides in my eyes

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  12. @aujax1 says:
    March 20, 2024 at 12:02 pm

    great video. but i dont attribute the questioning of israels legitimacy to anti-semitism, although that surely plays some part. i attribute it to the idea proposed that, after 1500-2000 years or more of mostly being absent from the land (in 1880 there were approximately 5,000-10,000 jews in israel and over 500,000 arabs there) there is a “historical” claim made to that land resulting in expulsion of others from their homes and land. i do believe jews have a historical claim to israel, but their common ancestor (the palestinians via the ancient caananites, from whom both descended) also have the same historical claim and have lived there for many generations much more recently.

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  13. @aujax1 says:
    March 20, 2024 at 11:55 am

    was the transfer, or forced depopulation, of over 700,000 people from their homes and land legal? asking earnestly because i dont know if it was. but i know it created intense resentment and was one of the fundamental reasons for resistance.

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  14. @liteenergy4843 says:
    March 18, 2024 at 2:48 pm

    I'm thinking that a real part of the problem is that a lot of people are scapegoaters. A good number of people have the need to compulsolaralry scapegoat. It often starts in the family where one or two people become the family scapegoat. It carries on through childhood in the schools neighborhoods and playgrounds. By the time they reach adulthood, it becomes an automatic part of their thinking and behaviors. They do this so no one will look at them and point a finger at them and so they don't become a scapegoat instead. It's a form of offensive defense.

    This carries on into global politics and onto the national and international stages. For some reason, Israel seems like an easy scapegoat to these people who have this scapegoating "need" as part of their psychology. Historically Jews and Israel hasn't been that big and powerful so these people feel like they can get away with it. It's all to get the focus and attention off of them, and so they don't become the scapegoat instead.

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  15. @MrMicheleGuidone says:
    February 13, 2024 at 9:42 am

    Men, has this video aged badly

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  16. @Lowkey-in9rl says:
    January 17, 2024 at 2:50 pm

    This Channel is a "Zionist Propaganda machine". Geobbles must be proud of it.

    Log in to Reply
  17. @lydia.And.Wendy.4509 says:
    January 2, 2024 at 5:36 am

    Thanks

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  18. @criticalbeautyvideos says:
    December 19, 2023 at 9:15 am

    I just saw this. This video should be shared around the world to help educated millions of ignorant critics and haters of Israel! Excellent presentation, Mr. Dershowitz.

    Log in to Reply
  19. @aaroncummings2613 says:
    December 1, 2023 at 7:13 pm

    That was made 8 years ago

    Log in to Reply
  20. @aisforapple2494 says:
    November 29, 2023 at 10:48 pm

    The United Nations are as antisemitic as the Arab nations surrounding Israel.
    DISMANTLE THE U.N. !!!

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  21. @christophergan1785 says:
    November 29, 2023 at 8:44 am

    Thank you!

    Log in to Reply
  22. @kiwaization says:
    November 24, 2023 at 1:36 pm

    Please show this to your students or the students of Oxford or any other "elite" University! 💚

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  23. @Pradonator says:
    November 23, 2023 at 12:23 am

    Seems hypocritical to denounce Arab nations for breaking UN international law in 1948 but then to immediately turn around and condemn UN criticism towards Israel.

    It's trying to have two different views of the UN. Trying to have its cake and eat it too.

    Either the UN has authority or it doesn't.

    With countries like Iran and North Korea on its human rights council, I would say it has no moral authority whatsoever.

    So maybe don't go defending Israel's existence based off corrupt bureaucrats acting by fiat thousands of miles away.

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  24. @michaeldonnawilliams8613 says:
    November 22, 2023 at 3:14 pm

    Israel and the Jewish people are people of the BOOK. The world wants to be lawless. You prove that Father YHVH exsists. Seek HIS SON Yeshua. Evidence everywhere In Israel that Yeshua Messiah was there and is coming back. 🕎✡️✝️🐟🇮🇱🇺🇲🙏

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  25. @youtubeus3rname says:
    November 21, 2023 at 2:31 pm

    For once, I get recommended a PragerU video and it has nothing but truth in it. Big ups.

    Log in to Reply
  26. @charlieburns1385 says:
    November 19, 2023 at 9:50 pm

    Islam has a history of domination and aggression

    Log in to Reply
  27. @MrRaposaum says:
    November 16, 2023 at 11:57 am

    Sure. But do it with your own money.

    Log in to Reply
  28. @The-Carpenter says:
    November 13, 2023 at 9:26 am

    This was very informative.
    To answer your last questions: no one can give a logical reason for the bigotry against Israel because evil does not think logically.

    Log in to Reply
  29. @mrp3418 says:
    November 9, 2023 at 5:56 am

    Antisemitism is a satanic thing.

    Log in to Reply
  30. @scottwest5165 says:
    November 5, 2023 at 9:25 am

    Please stop with this embarrassing appeal to legality. Each legal step that you mentioned is a thinly veiled attempt of one party (the UN) attempting to give away land (that it does not own) to another party that has paid nothing for it. The fact that the key Zionist players were lawyers just compounds the outrage.
    If I was to come to your house and tell you that a foreign entity has given it to me, would you peacefully yield? If so, what’s your address? I’ll see you this afternoon! 😆

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  31. @lesgriffiths8523 says:
    November 4, 2023 at 11:47 pm

    Thank you Professor Dershowitz…………………….this video should be compulsory viewing at almost all Universities in the Anglophone world……especially here in Australia…..sadly, it won't be. Hatred, bigotry and intolerance and profound ignorance will remain.
    Les Griffiths

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  32. @toddharvey7089 says:
    November 2, 2023 at 8:10 am

    Mr. Dershowitz' analysis is proven beyond a reasonable doubt by recent events and public statements from Hamas and the Palestinian Authority.

    Log in to Reply
  33. @RikkiMMA says:
    October 30, 2023 at 10:13 pm

    Maybe Jews shouldn't be spitting on Christians in the streets, you'd have more support.

    Log in to Reply

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