II. FILLING THE VACUUM
In negotiations extending over a period of about two years, the WZO and the Israeli government formulated A LEGAL RELATIONSHIP to replace the one which the expiration of the Mandate had terminated. The result was a law which the Knesset enacted in 1952. It is known as THE WORLD ZIONIST ORGANIZATION/JEWISH AGENCY(WZO/JA) FOR ISRAEL (STATUS) LAW. The "Status" law was a domestic legislative act. It is one of Israel's fundamental or BASIC laws. Together with THE LAW OF RETURN and THE LAW OF NATIONALITY(now supplemented by the enactment declaring Jerusalem the Capital of the Zionist state), these "basic" legislative acts relfect the primacy of the state's "Jewish People" NATIONALITY commitment.
The state has NO constitution. But laws in this Basic category have the weight of constitutional law, differentiated from more transient, statutory legislation. In various ways, these laws make those accepted as "Jewish People" nationals, whether in Israel or elsewhere, "more equal than any others", to use George Orwell's colorful phrase (from Animal Farm). Only Jews are admitted freely AS OF RIGHT under the LAW OF RETURN. Only such immigrants,entering under this law, may claim the RIGHT OF AUTOMATICALLY acquiring Israeli citizenship. The immigrant must take the initiative to renoucne this citizenship within a given periid of time if he or she does not wish to acquire it. THE STATUS LAW expressed the Israeli government's interest ina continuing relationship with the world Zionist movement. It also detailed the substantive character of this relationship. Two more years of negotiation followed. These latter negotiations refined the specifications of the services the Zionist movement WAS EXPECTED TO PERFORM for the state. They also provided a mechanism for coordinating the functions of the Zionist movement with those of the government. This series of negotiations produced and instrument which is identified as THE COVENANT. The Covenant transformed the Status law from a DOMESTIC, legislative act into a BI-LATERAL agreement. Inasmuch as the WZO/JA had long been recognized as a "public body", the "Covenant" actually eleated the "Status" law to the stature of INTERNATIONAL LAW. It joined the WZO/JA and the government in a relathionship which some scholars believe makes the Zionist Organization AN ORGANIC PART OF THE GOVERNMENT. Others think the 1952 law and the 1954 Covenant make the WZO an AGENT OF THE GOVERNMENT.(5) Professor W.T. Mallison, Jr. concludes his definitive legal analysis of both the status law and the covenant with the observation that the WZO/JA had to be recognized as an integral part of a single Zionist-Israel sovereignty because of the effective control the government exerts over it.
Dr. Mallison continues,
The most compelling conclusion is that the Zionist-Israel sovereignty contains an Organization/Agency component which is in some aspects, PART OF THE GOVERNMENT, and in others its CAPTIVE PUBLIC BODY. Whicherver aspects predominate at a particular time and for a particular purpose, the component is nevertheless subject to effective control by the Government of Israel. The juridical effects of this study are not varied whether the WZO/JA be appraised as a government, public body , or both. In any or all three of these appraisals of status, it remains a component of the SINGLE ZIONIST-ISRAEL SOVEREIGNTY.(6)
The predominantly important consequence of this organic, legal linking of the Zionist movement to the conventionally recognized governement of the Israeli state is that the political national substance which the DUAL SOVEREIGNTY nourishes and operates is ZIONISM. The historical legislative record and the substance of the resultant enactments both demonstrate, beyond any doubt , that the state of Israel promoted, obtained and now sustains A SYSTEM OF EXTRA-TERRITORIAL NATIONALITY RIGHTS AND OBLIGATIONS WHICH IT CLAIMS FOR ALL JEWS, whether they live in the Israeli state, or elsewhere. The claim IS IN FLAGRANT VIOLATION of the protective clause of the Balfour Declaration and, insofar as the Declaration is integral to any international law LEGITIMACY for the existence of THE STATE, it is also IN VIOLATION OF INTERNATIONAL LAW.
(3) Jack G. Shaheen, "The Arab Stereotype on TV", THE LINK, Americans for Middle East Understanding, 475 Riverside Dr. N.Y. 10027, Rm 771. Apr/May 1980, Vol 13 no.2. For additional information about distortions of the Arab image in the media, contact the American Arab Anti-Discrimination Committee, 4201 Connecticut Ave. N.W. Suite 500 Washington, D.C. 20008. (4) Chaim Weizmann, Trial and Error, 1949 Harper p.208 (5) For substantiation of the statments made in these paragraphs, see, "The Legal Problems Concerning the Juridical Status and Political Activities of the Ziionist Organization/Jewish Agency: A study in International and U.S. Law", W.T. Mallison Jr. William and Mary Law Review. Vol. 9 Spring 1968, No.2 pp. 556-629. Professor of International Law, The GEorge Washington University, Washington, D.C.
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