Did a dog eat up his homework? He hasn't said why he has overlooked so much.
What did he overlook?
1. He over looked 38,000 broken or defaced tombstones at the 3000 year old Cemetery at the Mount of Olives, destroyed when the Jordanians had control [from 1948 to 1967] of the same land he wants to give to those Arabs local to Palestine -- Arabs that the Soviet dezinformatsia want us to call "The Palestinian Arab People".
Be sure to keep the word "Arab' in that designation otherwise someone might think you were referring to Trumpeldor and the Jews who formed the Palestinian brigade to help the WWI Allies, instead of those Arabs in Palestine.
Those "Palestinian Arab People" turned down an offer by the British to have their own state. Why? Because they could help out those occupying and colonialist rulers from Turkey, the Ottomans by fighting on their side against the British.
2. He forgot about how people in Israel and around the world missed visiting Rachel's Tomb, the Tomb of the Patriarchs, the Christian sites in and around Bethlehem, and even the Western Wall of the Temple Mount. He forgot that when the Jews weren't looking at the Western Wall, the Jordanians built a latrine against it, removed by its liberators in June, 1967.
I visited Rachel's Tomb last may when the UN designated it as a mosque. I bought some genuine red threads from the tomb to give to my daughters and granddaughters and daughter's in law and the mother of one of my daughters in law who lives in Japan. (She loved it.)
When I was at the Tomb, a nice man asked me to put on Tefillin, and when I told him I didn't remember how, he said he would help.
That was also the day that a gang of so called Palestinians threw rocks at the guardians of their "mosque", the Jewish border patrol. Fortunately I had left by then. I had talked to those guards and they posed for a picture with us. They are nice guys. I don't know why "The Palestinian Arab People" threw rocks at them.
3. Alan forgot about the Treaty of Huddibyah and the Jewish tribe of Quraysh whose 500 men, their arms tied behind them, had their heads cut off, so fortunately they couldn't see their wives led off to Arab harems and their young children brought up under sharia.
He forgot about the time when Arafat was being criticized by "other Palestinians" ? (he was an Egyptian) for negotiation with the Jews instead of killing them. He winked at them and said in Arabic, "Huddibyah" -- "Remember the Quraysh"(the predecessor in the Middle East to the Two State Solution") that worked out well for the Arabs and not so well for the Quraysh who lost their heads.
The Quraysh had entered into a two-tribe solution when they were stronger than the Muslims, the treaty of Huddibyah. When Mohammed's tribe grew in power, they canceled the treaty and wiped the Quraysh off the face of the earth. Hmmm. I've heard that expression before. Isn't that what Ahmadinejad says?.
4. What will happen to those beautiful green areas planted by the Jews since 1967? Will they go the same way as those greenhouses left behind for the Arabs of Gaza by politically correct philanthropists?.
Did Professor Dershowitz forget why Prime Minister David Lloyd George was so anxious for Lord Balfour to finish his Declaration? Lloyd-George thought that the Arabs in Palestine, whom the Soviets now want us to call Palestinians, turned the Biblical land of Milk and Honey into a malarial wasteland.
Alan Dershowitz should read (or reread) "The Jews and Palestine" by the former prime minister, published in 1923 but fortunately Jews at Ein Shalom have put it on the internet and kept it there. http://einshalom.com/archives/210
5. Young Alan forgot about those exclusive political rights the WWI Allies granted to the Jews, in trust until they could attain the things they would need to become a model of a modern European state.
He forgot about how the Arabs in Palestine, according to Mahmoud Abbas who wrote about it in Filastin, the official organ of the PLO, had voluntarily created a mass exodus from Palestine at the behest of the Arab Higher Executive Committee who said to them: "We are about to invade Palestine to clean up after Hitler, by annihilating those Jews he left behind. Leave your homes for a couple of weeks and after we finish them off, you can come back -- if you don't, you will be considered to be a traitor; you remember what we do to traitors, don't you? We tie them upside down on telephone poles, slit open the bellies and pull out their guts, a blessing for Allah's flies".
And then when they got out and the invading armies surrounding Palestine never got in, the same guys threw them into prison (eternal refugee) camps so their hatred of the Jews would fester.
He forgot that after the exodus of those Arabs, and arrival of new immigrants from the aftermath of the Holocaust and from Russia, the Jews had the population majority that would allow their beneficial grant of political rights to mature into a legal grant. Part 2:6.
He forgot that the British Mandate for Palestine was a trust agreement, so that England, who volunteered to be the trustee, and guardian, assumed a fiduciary obligation to the beneficiaries of the trust, and to his wards in Palestine. See Article 22 of the League of Nations Covenant, paragraphs 1,2.
And he forgot that it was while England was abusing its fiduciary obligations, that it gave away what British Col. Richard Meinertzhagen, the political officer of England at the time of the Balfour Declaration, called some three-quarters of the land that had been pledged to the Jews. Meinertzhagen, Middle East Diaries 1917-1956 p. 118.
On an earlier page, in a foonote inserted 38 years later when the diaries were published as a book, he changes his mind, but as a lawyer, I prefer the contemporaneous account.
7. Alan forgot to read Sheik Abdullah Azzam's books on how much priority must be assigned to getting infidels off any part of the dar al Islam, the land formerly controlled exclusively by Muslims, and how the two state solution would leave infidels still in control, be it ever so small, of some of the dar al Islam. Azzam taught Osama bin Laden. Bin Laden probably killed him and his two boys.
So, the best things is to assign young Alan some reading so he could learn about all these things and come back with a better paper:
1. Article 22 of the League of Nations covenant drafted by Jan Smuts. The Council of Ten put it into Part I of the Treaty of Versailles and it became the Covenant or charter of the League of Nations. By reading the first two paragraphs of Article 22, Alan will learn that the mandate was based on the old British concepts of a trust agreement or guardianship.
2. The language of the French process-verbal (he must get it translated - Mr. Salomon Benzimra can do it for him. Mr. Benzimra was born in Tangiers when it was an International Area (it is now Morrocco) went to school in Bordeaux and now resides in Toronto where one of the two official languages is French. He not only speaks French very well, he is the author of the excellent book, published last November on Kindle, entitled "The Jewish People's Rights to the land of Israel." and knows more about the San Remo agreement than some might want to know. Maybe one of them is Alan Dershowitz.
3. One of Shlomo Sand's fans has been at Harvard or UCLA, Saree Macdisi, pushing a "one [Arab Majority] state solution to solve the Arab-Israeli conflict but leaving out the bracketed worlds. He has been telling the students there that the Jewish People don't exist. Sand likely got that theory from Arthur Koestler who wrote a good novel on the subject matter.
He is a terrific novelist. Have you read his "Darkness at Noon"?
Shlomo Sand seems to believe this novelist's theory, but a historian should have done more than a novelist to conclude there is no connection between Palestine and the Ashkenazis whom he claims are not Jews. How about the more than 50% of the Israelis that are Sephardic Jews that lived in the Middle East from the time of the Roman conquest, long before Mohammed invented Islam? Why is he silent about them? How about the DNA studies that provide proof positive that the Ashkenazis and the Sephardic Jews are the only remaining indigenous people of Palestine. Professor Dershowitz can look at them.
5. I have put together some of these solutions and the facts and legal conclusions in a piece written for the blog Middle East and Terrorism and edited by the charming and friendly Sally Zahav. It is called: Three Solutions to the Arab-Israeli Conflict. and can be found on the internet at:
http://israelagainstterror.blogspot.com/2012/03 It outlines the three solutions being pushed by the extremists on the left and right (according Alan Dershowitz) as well as the liberal politically correct two-state solution he and Barack Obama are pushing. He should look also at the two part op ed I have written
about the evidence I have gathered on the purpose of the Balfour Declaration, the language in the cession of Ottoman sovereignty in the Article 95 of the Treaty of Sevres (as amended by the Treaty of Lausanne). He may or may not agree with me that evidence of purpose is admissible in the US, the UK and Canada as well as other nation-states to clarify ambiguity in the language of a statute such as the British Mandate for Palestine which became International Law.
He can find it in Arutz Sheva, edited by Rochel Sylvetsky, in English on the Internet.:
These are all in the Thin-Israel.org blog edited by Dr. Bernice Lipkin. To make absolutely sure he hasn't forgotten anything, he should read Col. Richard Meinertzhagen's "Middle East Diaries, 1917-1956" - a Dane who became a British Army "political officer" in the Middle East when all this was being decided. It is hard to find and pricey when you find it, but the Harvard Harry Elkins Widener Library, donated by a distant relative of mine, can undoubtedly find a copy for him.
After Harvard excluded me from their "free and open marketplace of ideas" as claimed in their press release for their two day "One State Conference", I wrote a codicil to my will, excluding them from it.
6. Alan should take his two-state solution to UCLA too. They had a "Son of Harvard Conference" conference and Judea Pearl, a faculty member, told me that they were all so politically correct -- that it was impossible to present to the students at UCLA the idea of "one lawful state to the West of the Jordan River" - a Jewish one - as a solution to the Arab Israeli conflict.
Alan has a politically correct solution so he might be given access there although the Muslim influence there is scary. Alan would give them the second leg of the stool, and so they would would have a strong presentation of the one Arab majority state solutions and Alan's politically correct two-state solution, but not the third leg. The students would not get a balanced presentation, but that does not seem to matter anymore in academia.