AN OPEN LETTER TO ISRAELI PRIME MINISTER BENJAMIN NETANYAHU Shalom.

While I agree that Israel must have secure borders and cannot withdraw from Judea and Samaria (the so called "West Bank"), it can and must legally withdraw it's military forces to the borders established under the Weissman Faisal Agreement and the San Remo Conference. It has a moral and legal obligation to it's citizens, to it's foreign persons/subjects within those borders who are legally defined as Palestinian Refugees although they all have been given Jordanian citizenship; to it's interned dead who died to secure those borders and to it's future citizen/subjects under the law of return. The obligations to the above classes are legal, recognizable in international law and obligatory under Treaty Law. The Palestinians cannot continue ignoring their own obligations under international law & agreements without some consequences. The fact of the matter is Jordan was established by an illegal agreement and in violation of existing law at the time of the Faisal Weissman Agreement and the San Remo Conference. Since Hashemite Jordan is an illegal sovereign it's existence and enforcement of it's laws have no BINDING validity in international diplomacy and as a sovereign must be given non-recognition in order solve the problems the State of Israel faces vis-a-vis the Palestinians. What the Palestinians must concede to is that they already possess Jordanian Citizenry with full rights under the existing framework (governmental structure) of the sovereignty of Jordan. When that is conceded, Israel should grant formal and independent recognition to the Sovereignty of the Palestinians as full citizen-subjects of Jordan. Until then Israel must reject any obligations with Jordan and accept them as non-binding interim agreements as Jordan had no right to cede the territories of Judea and Samaria (the West Bank) to the PLO. Israel must not accept tacit ceding of the East Bank territories to Jordan when it has full legal right to settlement there under the Faisal Weissman Agreement and San Remo Conference and has a legal obligation under Treaty Law to recognize Jordanian citizenry of the Palestinians without respect to the PLO or Hamas Charters. When the Palestine National Council met in Amman, and Hussein agreed to and allowed the increase of Palestinian Representation in the Hashemite Parliament (National Assembly), King Hussein recognized the Palestinians as citizen-subjects having full rights within Jordanian territory. That the PLO and Hamas have rejected Jordanian citizenship for all Palestinians is of no consequence because their possession of Jordanian Passports and voting in Jordanian Elections, holding seats in Jordan's National Council and any other act of citizenry having the

quality in international law of exercising political rights constitutes acceptance of governance by the sovereigns concerned whether they and the sovereigns concerned recognize that or not. To hold inconsistent positions by them and their leaders only proves they want neither peace nor recognition of Israeli Sovereignty upon any Israeli territory. Israel must choose between which sovereign it recognizes Jordanian or Israeli just as much as Palestinians and Jordanians must choose which citizenry they are subject to Jordanian or Israeli! Since it cannot legally recognize dual citizenry of the Palestinians as both Israeli and Jordanian and the very idea of Palestinian Citizenship is a misnomer, inconsistent historically and legally, Israel must bring its case before the International Court of Justice otherwise Jews and Palestinians will continue to be displaced in territories on both sides of the Jordan which are legally Israeli and Palestinian but controlled by the Hashemites in violation of the Faisal Weissman Agreement and San Remo Conference and a state of apartheid will continue to exist against both Jews and Palestinians by the Jordanians in violation of International Treaty Law. Also, the status of Messianic Jews will continue to remain problematic for both Jordan and Israel since Messianic Jews cannot settle in either Israel or Jordan because they are defined as neither Jews nor Christians under both sovereigns laws. Under Jordanian law they are neither Jews nor Christians (dependent of course upon quantum of blood). Under Israeli law they are both Jews and Christians without the Right of Return/Settlement unless they establish some degree of Jewishness by descent or quantum of blood much the way the Mischlinge was a classification during the era of Germany in WWII! If Jordans grant of citizenry to the West Bank Palestinians and the possession of Jordanian Passports and expression of civil rights in Jordanian elections and the National Council is to have any historical significance or recognition of force in international law (vis-a-vis the UK and the US and Pakistan) it must be by concession of the Israeli government. While UN Resolution 181 by its terms provides for establishing Provisional Councils of Governments in the respective Jewish and Arab territories, it mentions nothing about a Palestinian Provisional Council of Government and specifically states: Palestinian citizens .., both Jews and Arabs..., upon recognition of independence, become citizens of the State in which they are resident.... This phrase, citizens of the state of residence is nearly identical to the terms of forced citizenship espoused in the 14th Amendment. However, Resolution 181 also has a provision, option of citizenship, but not residency! The Hashemite Family already possessed citizenry as Saudis when they ascended their respective thrones in Syria, Iraq and later Jordan. I bring this to your Honors attention because, Israel already granted recognition of an independent Provisional Arab Government, the Hashemite Kingdom of Jordan (Hejaz of Southern Syria)! The laws of war and international law in this respect cannot be ignored. The Palestinian Jordanian citizenry and independence subsumed by the laws of war resultant or due to the Armed Conflicts of WWI, WWII and the Israeli 1948 War of Independence cannot be disregarded by the UN. In international law under the terms of Resolution 181, Israel has nothing to recognize; it is the UN which must recognize the Independent State of Palestine whose citizens are residing in the

militarily occupied state of Jordan! Jordan must be viewed as a state within a sovereign (Syria, Iraq, Saudi Arabia whichever you prefer) much the way the State of Oregon is a State within the Unites States. Analogy must be made to the forced adoption of the 14th Amendment because its historical significance is instructive and weighs heavily upon my status as a person of the Jewish Faith of American extraction outside purview of the 14th Amendment. The alleged passage of the Amendment has value in our present analysis of the question of Palestinian citizenry because while the Amendment was never ratified as part of the US Constitution, its forced adoption gives rise to perpetual claims of sovereignty over territories whether they are lands which were bought, sold, confiscated, seized or subject to the conflicting sovereignties within the era of the American Civil War irrespective of quantum of blood of the claimants! No one would dispute the existence of the Southern Confederacy during this era of American History. No one could rationally and reasonably dispute the character of sovereignty which the Southern Confederacy possessed. It possessed all the qualities characteristic of any sovereign within the parameters of international law. It had government, currency, trade, an army, territory and both citizens and subjects. Its citizens voted in elections. This is without dispute. At any time following its having been established and after cessation of hostilities any group of persons could legally claim to resurrect Southern Sovereignty and its attendant rebellion against the Northern American Republic and be within their legal rights to do so in international law! The first step is expressed by claiming non-recognition of the American Republics sovereignty. No one could lawfully dispute the legal right of anyone who chose to do so. This is an inherent flaw in international law and the terms of the Geneva Conventions. In American Courts multiple claims have been made as to the applicability of the 14th Amendment and legislation enacted under it primarily by persons of white color (Caucasians). All of those claims have been made with one clear understanding: the 14th Amendment is one of the WAR AMENDMENTS wherein thirteen members of the American Congress were denied their seat in Congress Assembled and stripped of their right to vote for or against passage of this so called Amendment. This is a matter of historical record. It cannot be disputed unless the record be removed from every historical record in existence. No one could dispute their right as American citizens to having voted for ratification of and their assent to passage of the 13th Amendment abolishing slavery. There are even American Citizens who have prevailed in American Courts as having recognition of being outside purview of the 14th Amendment and the legislation enacted thereunder. All of the above being said, the State of Israel, the Palestinians and the Hashemite Kingdom of Jordan must give effect to the sovereignty and citizenship of the established independent Arab State of Palestine under the aforesaid laws, agreements, conferences and UN Resolution 181 and the military occupation by the Hashemite Kingdom of Jordan over that territory must end by abdication for the sake of peace. Failure of Abdication and non-recognition (or limited recognition) of Jordanian citizenry of Palestinians would be analogous to the perpetual state of non-recognition of the Confederacy and persons claiming sovereignty and citizenry under the Confederacy. Another way to look at it is non-recognition of German Citizenry of officers of the

Third Reich. Would anyone say they lost their German nationality simply because of their political party affiliation? They still exercised rights as German nationals. The same standing or status attaches to the Palestinians Jordanians regardless of party affiliation or personal or sovereign recognition or personal or sovereign assertion of political rights by individuals whether asserted as citizens of or as ministers of state as Jordanians. The laws of war, annexation and cession of territory and cannot act as a saving clause to perpetually delay acceptance of citizenship (the OPTION Clause) under UN Resolution 181. The resolution may not be accepted or asserted before the UN in part. It must as a guiding document be accepted as a whole including its inherent time constraints. The use and claim of Jordanian citizenship by members of the PLO and Hamas are evidence enough of acceptance and recognition by the State of Israel and every other sovereign which has given recognition to the independent character of Palestinians possessing full civil and political rights as Jordanians. The law of flag in international law prohibits the use of flags of convenience for the purposes of avoidance of capture of pirates, war criminals and others fleeing apprehension by sovereigns. Citizenry or rejection thereof cannot be a matter of convenience to forestall the cessation of hostilities or to perpetuate a state of war and the perpetuation of the laws of war. Polity requires consequent action. Either the Palestinians/Jordanians accept that war has consequential terms for the loser and accept citizenry as Jordanians or Israelis or accept forced universal citizenship under the Antarctica Penal Treaty as I drafted and proposed in 1994 and prepare to defend in a Court of Law of my choice. Otherwise, Israel will be faced with Annexation of Judea and Samaria and the complexities as well as the difficulties of compelled citizenship on the Palestinians much the same way America has been forced to adopt the 14th Amendment (and the citizen-subjects as well as the legislation created by it) although it has never been constitutionally ratified and will always be open to legal challenges and disputes, whether by pen or sword. If the Palestinians and Jordan cannot come to terms with the historical fact of the illegality of the establishment of Jordan then there is no two state solution and the three state solution is a dead end (especially since it is turning into a four state solution with Gaza)! Recognition of the Palestinians as Jordanians with non-recognition of Hashemite Sovereignty is the only solution to our present Jewish predicament!