The Dead Sea scrolls, under Israel’s custody, are being exhibited in Canada. Jordan and the Palestinian Autonomy government each has asked Canada to extradite the scrolls to itself. Canada does not want to adjudicate the dispute.
“The Dead Sea scrolls are about 900 documents and Biblical texts, discovered in one of the greatest archaeological finds of the 20th century in the 1940's and 50's in caves in and around Qumran on the northwest shore of the Dead Sea [in Judea]. The texts include some of the only known surviving copies of Biblical documents made before 100 B.C.E., and preserve evidence of Jewish life during the Second Temple period.” As the Israeli Antiquities Authority points out, the scrolls are of Jewish history. [I found a brief visit worthwhile.]
The scrolls were brought to public attention after Jordan relinquished control over Judea, upon losing a war it started with Israel. In the prior war, invading Jordanian armies seized Judea and Samaria, which were unallocated territories of the Palestine Mandate. Jordan tried to annex those territories. Having seized them by aggression, it had no standing for annexing them. Only Britain, its original sponsor in aggression, and Pakistan, recognized Jordan’s claim. [So much for the validity of British governmental opinion on international law in this area where it had a conflict of interest.]
Jordan argues that since the scrolls were found in “disputed territory,” Canada should confiscate them until the dispute is settled. [An odd argument, now that Jordan no longer disputes the territory! Why should Canada become custodian?]
Jordan cites the Geneva Convention on occupied territories. [I have seen explanations by international legal experts that Israel is not occupying those territories. Their explanations have not been refuted by experts who disagree.] The Israel Antiquities Authority points out that in any case, the Convention does not prohibit the custodian from temporarily exhibiting cultural relics abroad.
“The Globe and Mail reports that the PA acknowledges that the scrolls are Jewish, but claims that they are "also part of Palestinian heritage just as ancient Roman and Byzantine ruins comprise part of their history." However, western Palestinian Arabs asserted a claim to a nationality as such only a short time ago, and most of its people are of relatively recent immigrant families. “Famously, a top member of the Palestinian Liberation Organization (PLO), Zuheir Muhsin, who headed the organization's Military Department and was a member of its Executive Council, said in March 1977, ‘Yes, the existence of a separate Palestinian identity serves only tactical purposes. The founding of a Palestinian state is a new tool in the continuing battle against Israel... ‘" (http://www.israelnationalnews.com/, 1/3).
Can the P.A., not having sovereignty, legitimately can assert a sovereign right over property in an area where it has no sovereign rights?
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