segunda-feira, 24 de julho de 2006

O nascimento de um Status Quo

Quem, apesar de não ser parte interessada, se sente absolutamente seguro do Direito neste processo, deve tentar fazer o exercício de imaginar o número de situações análogas potenciais que poderão surgir no futuro, principalmente tendo em conta a realidade de quase livre imigração por omissão e multi-culturalismo.


"The first wave of modern immigration to Israel, or Aliyah (עלייה) started in 1881 as Jews fled persecution, or followed the Socialist Zionist ideas of Moses Hess and others of "redemption of the soil." Jews bought land from Ottoman and individual Arab landholders. After Jews established agricultural settlements, tensions erupted between the Jews and Arabs.

Theodor Herzl (1860–1904), an Austrian Jew, founded the Zionist movement. In 1896, he published Der Judenstaat (The Jewish State), in which he called for the establishment of a national Jewish state. The following year he helped convene the first World Zionist Congress.

The establishment of Zionism led to the Second Aliyah (1904–1914) with the influx of around 40,000 Jews. In 1917, the British Foreign Secretary Arthur J. Balfour issued the Balfour Declaration that "view[ed] with favour the establishment in Palestine of a national home for the Jewish people." In 1920, Palestine became a League of Nations mandate administered by Britain.

Jewish immigration resumed in third (1919–1923) and fourth (1924–1929) waves after World War I. Arab riots in Palestine of 1929 killed 133 Jews, including 67 in Hebron.

The rise of Nazism in 1933 led to a fifth wave of Aliyah. The Jews in the region increased from 11% of the population in 1922 to 30% by 1940. 28% of the land was already bought and owned by Zionist organizations plus additional private land owned by Jews. The southern half of the country is the barren and mostly empty Negev desert. The subsequent Holocaust in Europe led to additional immigration from other parts of Europe. By the end of World War II, the number of Jews in Palestine was approximately 600,000.

In 1939, the British introduced a White Paper of 1939, which limited Jewish immigration over the course of the war to 75,000 and restricted purchase of land by Jews, perhaps in response to the Great Arab Uprising (1936-1939). The White Paper was seen as a betrayal by the Jewish community and Zionists, who perceived it as being in conflict with the Balfour Declaration of 1917. The Arabs were not entirely satisfied either, as they wanted Jewish immigration halted completely. However, the White Paper guided British policy until the end of the term of their Mandate. As a result, many Jews fleeing to Palestine to avoid Nazi persecution and the Holocaust were intercepted and returned to Europe. Two specific examples of this policy involved the ships Struma and Exodus. [1] These attempts by Jews to circumvent the blockade and flee Europe became known as Aliya Beth.

As tensions grew between the Jewish and Arab populations, and with little apparent support from the British Mandate authorities, the Jewish community began to rely on itself for defense.

Arab nationalists, opposed to the Balfour declaration, the mandate, and the Jewish National Home, instigated riots and pogroms against Jews in Jerusalem, Hebron, Jaffa, and Haifa. As a result of the 1921 Arab attacks, the Haganah was formed to protect Jewish settlements. The Haganah was mostly defensive in nature, which among other things caused several members to split off and form the militant group Irgun (initially known as Hagana Bet) in 1931. The Irgun adhered to a much more active approach, which included attacks and initiation of armed actions against the British, the most notorious being the King David Hotel bombing, which killed 91 people. Haganah on the other hand often preferred restraint. A further split occurred when Avraham Stern left the Irgun to form Lehi, (also known as the Stern Gang) which was much more extreme in its methods. Unlike the Irgun, they refused any co-operation with the British during World War II and even attempted to work with the Nazis to secure European Jewry's immigration to Israel.

These groups had an enormous impact on events and procedures in the period preceding the 1948 Arab-Israeli War, such as Aliya Beth-the clandestine immigration from Europe, the forming of the Israel Defense Forces, and the withdrawal of the British, as well as to a great degree forming the foundation of the political parties which exist in Israel today.

Establishment of the State Ben Gurion pronounces the Declaration of the Establishment of the State of Israel on May 14, 1948 in Tel Aviv.Main article: Declaration of the Establishment of the State of IsraelIn 1947, following increasing levels of violence together with unsuccessful efforts to reconcile the Jewish and Arab populations, the British government decided to withdraw from the Palestine Mandate. The UN General Assembly approved the 1947 UN Partition Plan dividing the territory into two states, with the Jewish area consisting of roughly 55% of the land, and the Arab area roughly 45%. Jerusalem was planned to be an international region administered by the UN to avoid conflict over its status.

Immediately following the adoption of the Partition Plan by the UN General Assembly on November 29, 1947, David Ben-Gurion tentatively accepted the partition, while the Arab League rejected it. Attacks on civilians chiefly by Arabs but also by Israelis soon turned into widespread fighting between Arabs and Jews, this civil war being the first "phase" of the 1948 War of Independence.

The State of Israel was proclaimed on May 14, 1948, one day before the expiry of the Palestine Mandate.
Following the State of Israel's establishment, the armies of Egypt, Syria, Jordan, Lebanon, and Iraq joined the fighting and began the second phase of the 1948 Arab-Israeli War. From the north, Syria, Lebanon, and Iraq, were all but stopped relatively close to the borders. Jordanian forces, invading from the east, captured East Jerusalem and laid siege on the city's west. However, forces of the Haganah successfully stopped most invading forces, and Irgun forces halted Egyptian encroachment from the south. At the beginning of June, the UN declared a one-month cease fire during which the Israel Defense Forces were officially formed. After numerous months of war, a cease fire was declared in 1949 and temporary borders, known as the Green Line, were instituted. Israel had gained an additional 26% of the Mandate territory west of the Jordan River. Jordan, for its part, held the large mountainous areas of Judea and Samaria, which became known as the West Bank. Egypt took control of a small strip of land along the coast, which became known as the Gaza Strip.
During and after the war, then Prime Minister David Ben-Gurion set about establishing order by dismantling the Palmach and underground organizations like the Irgun and Lehi. Those two groups were classified as terror organizations after the murder of a Swedish diplomat.

Large numbers of the Arab population fled or were driven out of the newly-created Jewish State. (Estimates of the final refugee count range from 600,000 to 900,000 with the official United Nations count at 711,000.[7]) The continuing conflict between Israel and the Arab world resulted in a lasting displacement that persists to this day.

Immigration of Holocaust survivors and Jewish refugees from Arab lands doubled Israel's population within a year of independence. Over the following decade approximately 600,000 Mizrahi Jews, who fled or were expelled from surrounding Arab countries and Iran, migrated to Israel."

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