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Wednesday, September 6, 2023

Persecution of Jews

From Wikipedia, the free encyclopedia

The persecution of Jews has been a major event in Jewish history, prompting shifting waves of refugees and the formation of diaspora communities. As early as 605 BCE, Jews who lived in the Neo-Babylonian Empire were persecuted and deported. Antisemitism was also practiced by the governments of many different empires (Roman empire) and the adherents of many different religions (Christianity), and it was also widespread in many different regions of the world (Middle East and Islamic).

Jews were commonly used as scapegoats for tragedies and disasters such as in the Black Death Persecutions, the 1066 Granada Massacre, the Massacre of 1391 in Spain, the many Pogroms in the Russian Empire, and the tenets of Nazism prior to and during World War II, which led to The Holocaust and the murder of six million Jews.

Neo-Babylonian Empire

The Babylonian captivity or the Babylonian exile is the period in Jewish history during which a large number of Judeans from the ancient Kingdom of Judah were captives in Babylon, the capital city of the Neo-Babylonian Empire, following their defeat in the Jewish–Babylonian War and the destruction of Solomon's Temple in Jerusalem. The event is described in the Hebrew Bible, and its historicity is supported by archaeological and non-biblical evidence.

After the Battle of Carchemish in 605 BCE, the Babylonian king Nebuchadnezzar II besieged Jerusalem, which resulted in tribute being paid by the Judean king Jehoiakim. In the fourth year of Nebuchadnezzar II's reign, Jehoiakim refused to pay further tribute. This led to another siege of the city in Nebuchadnezzar II's seventh year that culminated in the death of Jehoiakim and the exile to Babylonia of his successor Jeconiah, his court and many others.

Jeconiah's successor Zedekiah and others were exiled in Nebuchadnezzar II's 18th year. A later deportation occurred in Nebuchadnezzar II's 23rd year. The dates, numbers of deportations, and numbers of deportees given in the biblical accounts vary. These deportations are dated to 597 BCE for the first, with others dated at 587/586 BCE, and 582/581 BCE respectively.

Seleucids

When Judea fell under the authority of the Seleucid Empire, the process of Hellenization was enforced by law. This effectively meant requiring pagan religious practice. In 167 BCE Jewish sacrifice was forbidden, sabbaths and feasts were banned and circumcision was outlawed. Altars to Greek gods were set up and animals prohibited to Jews were sacrificed on them. The Olympian Zeus was placed on the altar of the Temple. Possession of Jewish scriptures was made a capital offense.

Roman Empire

The Jewish Encyclopaedia refers to the persecution of Jews and the paganization of Jerusalem during the reign of Emperor Hadrian (117-138 AD):

The Jews now passed through a period of bitter persecution: Sabbaths, festivals, the study of the Torah and circumcision were interdicted, and it seemed as if Hadrian desired to annihilate the Jewish people. His anger fell upon all the Jews of his empire, for he imposed upon them an oppressive poll-tax. The persecution, however, did not last long, for Antoninus Pius (138-161) revoked the cruel edicts.

Western and Christian antisemitism

Jews from Worms, Germany wear the mandatory yellow badge. A money bag and garlic in the hands are an antisemitic stereotype (sixteenth-century drawing).

In the Middle Ages antisemitism in Europe was religious. Many Christians, including members of the clergy, held the Jewish people collectively responsible for the killing of Jesus. As stated in the Boston College Guide to Passion Plays, "Over the course of time, Christians began to accept … that the Jewish people as a whole were responsible for killing Jesus. According to this interpretation, both the Jews present at Jesus Christ's death and the Jewish people collectively and for all time, have committed the sin of deicide, or 'god-killing'. For 1900 years of Christian-Jewish history, the charge of deicide has led to hatred, violence against and murder of Jews in Europe and America."

During the High Middle Ages in Europe there was full-scale persecution of Jews in many places, with blood libels, expulsions, forced conversions and massacres. An underlying source of prejudice against Jews in Europe was religious. Jews were frequently massacred and exiled from various European countries. The persecution reached its first peak during the Crusades. In the First Crusade (1096), flourishing communities on the Rhine and the Danube were utterly destroyed, a prime example being the Rhineland massacres.

In the Second Crusade (1147) the Jews in France were subject to frequent massacres. The Jews were also subjected to attacks by the Shepherds' Crusades of 1251 and 1320. The Crusades were followed by expulsions. All English Jews were banished in 1290. 100,000 Jews were expelled from France in 1396. In 1421 thousands were expelled from Austria. Many of the expelled Jews fled to Poland.

As the Black Death epidemics devastated Europe in the mid-14th century, annihilating more than half of the population, Jews were taken as scapegoats. Rumors spread that they caused the disease by deliberately poisoning wells. Hundreds of Jewish communities were destroyed by violence in the Black Death persecutions. Although Pope Clement VI tried to protect them by papal bull on July 6, 1348 - with another following later in 1348 - several months afterwards, 900 Jews were burnt alive in Strasbourg, where the plague hadn't yet affected the city.

One study finds that persecutions and expulsions of Jews increased with negative economic shocks and climatic variations in Europe during the period from 1100 to 1600. The authors of the study argue that this stems from people blaming Jews for misfortunes and weak rulers going after Jewish wealth in times of fiscal crisis. The authors propose several explanations for why Jewish persecutions significantly declined after 1600:

  • (1) there were simply fewer Jewish communities to persecute by the 17th century;
  • (2) improved agricultural productivity, or, better-integrated markets may have reduced vulnerability to temperature shocks;
  • (3) the rise of stronger states may have led to more robust protection for religious and ethnic minorities;
  • (4) there were fewer negative temperature shocks.
  • (5) the impact of the Reformation and the Enlightenment may have reduced anti-semitic attitudes.

In the Papal States, which existed until 1870, Jews were required to live only in specified neighborhoods which were called ghettos. Until the 1840s, they were required to regularly attend sermons urging their conversion to Christianity. Only Jews were taxed to support state boarding schools for Jewish converts to Christianity. It was illegal to convert from Christianity to Judaism. Sometimes Jews were baptized involuntarily, and, even when such baptisms were illegal, forced to practice the Christian religion. In many such cases, the state separated them from their families; the Edgardo Mortara account is one of the most widely publicized instances of acrimony between Catholics and Jews in the Papal States in the second half of the 19th century.

Middle East and Islamic antisemitism

The massacre of the Jewish Banu Qurayza in Arabia.

According to Mark R. Cohen, during the rise of Islam, the first encounters between Muslims and Jews resulted in friendship when the people of Medina gave Muhammad refuge, among them were Jewish tribes of Medina. Conflict arose when Muhammad expelled certain Jewish tribes after they refused to swear their allegiance to him and aided the Meccan Pagans. He adds that this encounter was an exception rather than a rule.

Of the three Jewish tribes of Medina, the Banu Nadir and the Banu Qaynuqa were expelled in the course of Muhammad's rule after suspicion arose in the Muslim leadership that the Jews were planning the assassination of Muhammad. On the other hand, the Banu Qurayza tribe was eliminated by Muhammad in the aftermath of the Battle of the Trench. The tribe was accused of colluding with Meccan enemies during the Meccan siege of Medina and subsequently besieged. When they surrendered, all grown men were executed and women and children were enslaved. Muhammad is recorded as saying that he would expel all Jews and Christians from Arabia, although this was not carried out until the reign of Umar.

Traditionally, Jews living in Islamic states were subjected to the status of dhimmi, therefore they were allowed to practice their religion and administer their internal affairs but were subjects to certain conditions. They had to pay the jizya (a per capita tax imposed on free adult non-Muslim males) to Muslims. Dhimmis had an inferior status under Islamic rule. They had several social and legal disabilities such as prohibitions against bearing arms or giving testimony in courts in cases involving Muslims. Contrary to popular belief, the Qur'an did not order Muslims to force Jews to wear distinctive clothing. Obadiah the Proselyte reported in 1100 AD, that the Caliph had created this rule himself.

Resentment toward Jews perceived as having attained too lofty a position in Islamic society also fueled antisemitism and massacres. In Moorish Spain, ibn Hazm and Abu Ishaq focused their anti-Jewish writings on this allegation. This was also the chief motivation behind the 1066 Granada massacre, when "[m]ore than 1,500 Jewish families, numbering 4,000 persons, fell in one day", and in Fez in 1033, when 6,000 Jews were killed. There were further massacres in Fez in 1276 and 1465.

The community budgets of Jews was heavily burdened by the repurchasing of Jewish slaves abducted by Arab, Berber, or Turkish pirates, or by military raids. The mental trauma due to captivity and slavery caused unransomed prisoners who had lost family, money, and friends to convert to Islam.

In the Zaydi imamate of Yemen, Jews were singled out for discrimination in the 17th century, which culminated in the general expulsion of all Jews from places in Yemen to the arid coastal plain of Tihamah, and which became known as the Mawza Exile.

In Yemen, Jews were forced to carry away dead animals and clean the public latrines on Saturdays. This corvée, decreed in 1806, remained enforced until the Jewish people left for Israel in the late 1940s and early 1950s. Jews and other non Muslims in Morocco and Yemen had to extract the brains and salt the decapitated heads of the condemned which they then exposed upon the walls of the town in. Louis Franck, physician to the Bey of Tunis reports:

When a Turk [Muslim] is condemned to death by strangulation, several Christians or Greek innkeepers from the town are commandeered and forced to act as executioners. Two of them tie a rope, well rubbed with soap, around the neck of the victim, two others grab the rope, which they also fasten to their foot; and all four pull together with feet and hands till death ensues. Usually, the bey orders the hands of thieves to be cut off. Once sentence has been pronounced, the condemned men are led to the Moorish hospital for the operation, which is performed by a Jew, who carries out the judgement as best he can with a bad knife, amputating the hand at the joint.

The Damascus affair occurred in 1840 when a French monk and his servant disappeared in Damascus. Immediately following, a charge of ritual murder was brought against a large number of Jews in the city including children who were tortured. The consuls of the United Kingdom, France and Germany as well as Ottoman authorities, Christians, Muslims and Jews all played a great role in this affair.

There was a massacre of Jews in Baghdad in 1828. There was another massacre in Barfurush in 1867.

In 1839, in the eastern Persian city of Meshed, a mob burst into the Jewish Quarter, burned the synagogue, and destroyed the Torah scrolls. This is known as the Allahdad incident. Between 30 and 40 people were killed, and it was only by forcible conversion that a large-scale massacre was averted.

In Palestine there were riots and pogroms against Jews in 1920 and 1921. Tensions over the Western Wall in Jerusalem led to the 1929 Palestine riots, whose main victims were the ancient Jewish community at Hebron.

In 1941, following Rashid Ali's pro-Axis coup, riots known as the Farhud broke out in Baghdad in which approximately 180 Jews were killed and about 240 were wounded, 586 Jewish-owned businesses were looted and 99 Jewish houses were destroyed.

Border police discovered on March 2, 1974, the bodies of (clockwise from top left: Fara Zeibak, Mazal Zeibak, Eva Saad and Lulu Zeibak, in a cave in the Zabdani Mountains.

During the Holocaust, the Middle East was in turmoil. Britain prohibited Jewish immigration to the British Mandate of Palestine. In Cairo the Jewish Lehi, also known as the Stern Gang, assassinated Lord Moyne in 1944 fighting as part of its campaign against British closure of Palestine to Jewish immigration, complicating British-Arab-Jewish relations. While the Allies and the Axis were fighting for the oil-rich region, the Mufti of Jerusalem Amin al-Husayni staged a pro-Nazi coup in Iraq and organized the Farhud pogrom that marked the turning point for about 150,000 Iraqi Jews who, following this event and the hostilities generated by the war with Israel in 1948, were targeted for violence, persecution, boycotts, confiscations, and near complete expulsion in 1951.

The coup failed and the mufti fled to Berlin, where he actively supported Hitler. In Egypt, with a Jewish population of about 75,000, young Anwar Sadat was imprisoned for conspiring with the Nazis and promised them that "no British soldier would leave Egypt alive" (see Military history of Egypt during World War II) leaving the Jews of that region defenseless. In the French Vichy territories of Algeria and Syria, plans were drawn up for the liquidation of their Jewish populations if the Axis powers were triumphant.

Tensions caused by the Arab–Israeli conflict were a factor in the rise of animosity towards the Jewish people all over the Middle East, as hundreds of thousands of Jews fled as refugees, the main waves fleeing soon after the 1948 and 1956 wars. In reaction to the Suez Crisis of 1956, the Egyptian government expelled almost 25,000 Egyptian Jews and confiscated their property, and sent approximately 1,000 more Jews to prisons and detention camps. The population of the Jewish communities in Muslim Middle East and North Africa was reduced from about 900,000 in 1948 to less than 8,000 today.

On March 2, 1974, the bodies of four Syrian Jewish girls were discovered by border police in a cave in the Zabdani Mountains northwest of Damascus. Fara Zeibak, 24, her sisters, Lulu Zeibak, 23, Mazal Zeibak, 22 and their cousin, Eva Saad, 18, had contracted with a band of smugglers to flee from Syria to Lebanon and eventually to Israel. The girls' bodies were found raped, murdered and mutilated. The police also found the remains of two Jewish boys, Natan Shaya 18 and Kassem Abadi 20, victims of an earlier massacre. Syrian authorities deposited the bodies of all six in sacks before the homes of their parents in the Jewish ghetto in Damascus.

Mamluk Sultanate

In the year 1354 muslim mobs “ran amok...attacking Christians and Jews in the streets, and throwing them into bonfires if they refused to pronounce the shadādatayn [to accept Allah as the only true god and muhammad as his messenger]”.

Almohad Caliphate

The Almohads wreaked enormous destruction on both the Jewish and Christian populations in Spain and North Africa. This devastation, massacre, captivity, and forced conversion was described by the Jewish chronicler Abraham Ibn Daud and the poet Abraham Ibn Ezra. Suspicious of the sincerity of the Jewish converts to Islam, Muslim “inquisitors” took children from their families and placed them in the care of Muslim educators.

Maimonides, who had to flee from Almohad-controlled Iberia with his family, said "God has hurled us in the midst of this people, the Arabs, who have persecuted us severely, and passed baneful and discriminatory legislation against us. Never did a nation molest, degrade, debase, and hate us as much as they. We bear the inhumane burden of their humiliation, lies and absurdities, being as the prophet said, ‘like a deaf man who does not hear or a dumb man who does not open his mouth’ .....Our sages disciplined us to bear Ishmael's lies and absurdities, listening in silence, and we have trained ourselves, old and young, to endure their humiliation, as Isaiah said, 'l have given my back to the smiters, and my cheek to the beard pullers."

Ottoman Empire

The Jews suffered during the Ottoman conquests and policies of colonization and population transfers (the surgun system). This resulted in the disappearance of several Jewish communities, including Salonica, and their replacement by Jewish refugees from Spain. Joseph R. Hacker observes:

We possess letters written about the fate of Jews who underwent one or another of the Ottoman conquests. In one of the letters which was written before 1470, there is a description of the fate of such a Jew and his community, according to which description, written in Rhodes and sent to Crete, the fate of the Jews was not different from that of Christians. Many were killed; others were taken captive, and children were [enslaved, forcibly converted to Islam, and] brought to Devshirme.... Some letters describe the carrying of the captive Jews to Istanbul and are filled with anti-Ottoman sentiments. Moreover, we have a description of the fate of a Jewish doctor and homilist from Veroia (Kara-Ferya) who fled to Negroponte when his community was driven into exile in 1455. He furnished us with a description of the exiles and their forced passage to Istanbul. Later on we find him at Istanbul itself, and in a homily delivered there in 1468 he expressed his anti-Ottoman feelings openly. We also have some evidence that the Jews of Constantinople suffered from the conquest of the city and that several were sold into slavery.

Hacker concludes that The friendly policies of Mehmed and the good reception by Bayezid II of Spanish Jews likely caused 16th century Jewish writers to overlook both the destruction Byzantine Jews suffered during the Ottoman conquests and the later outbursts of oppression under Bayezid II and Selim I.

Sultan Murad IV feared that the ottoman decline was a punishment from Allah for being lax on the enforcement of the Sharia. In 1631 He issued a decree re-enforcing the dress restrictions for dhimmis, to ensure they would “feel themselves subdued” (Qur’an 9:29):

Insult and humiliate infidels in garment, clothing and manner of dress according to Muslim law and imperial statute. Henceforth, do not allow them to mount a horse, wear sable fur, sable fur caps, satin and silk velvet. Do not allow their women to wear mohair caps wrapped in cloth and “Paris” cloth. Do not allow infidels and Jews to go about in Muslim manner and garment. Hinder and remove these kinds. Do not lose a minute in executing the order that I have proclaimed in this manner.

When a fire devastated much of Constantinople in 1660, the Ottomans blamed the Jews and expelled them from the city. Inscribed in the royal mosque in Constantinople was a reference to Prophets Muhammad's expulsion of the Jews from Medina; the mosque's endowment deed has a reference to "the Jews who are the enemy of Islam."

Tudor Parfitt made these observations in his study of Jews under the Ottomans in 19th Palestine:

Inside the towns, Jews and other dhimmis were frequently attacked, wounded, and even killed by local Muslims and Turkish soldiers. Such attacks were frequently for trivial reasons: Wilson [in British Foreign Office correspondence] recalled having met a Jew who had been badly wounded by a Turkish soldier for not having instantly dismounted when ordered to give up his donkey to a soldier of the Sultan. Many Jews were killed for less. On occasion the authorities attempted to get some form of redress but this was by no means always the case: the Turkish authorities themselves were sometimes responsible for beating Jews to death for some unproven charge. It serves to show well that it is not without reason that the poor Jew, even in the nineteenth century, lives from day to day in terror of his life.

In some legal opinions (fatwas), jurists required dhimmis to walk with lowered eyes when passing to the left—the impure side—of Muslims, who were encouraged to push them aside. In the presence of a Muslim, the dhimmi had to remain standing in a humble and respectful attitude, only speaking in a low voice when given permission. Jews and Christians were humiliated and maltreated in the streets of Jerusalem, Hebron, Tiberias, and Safed till the middle of the nineteenth century.

In the early twentieth century Nahum Slousch observed at Bu Zein, in the Jabal Gharian in Libya, that it was customary for Muslim children to throw stones at Jewish passersby.

Nazism

The Kaunas pogrom in German-occupied Lithuania, June 1941

The persecution of Jews reached its most destructive form in the policies of Nazi Germany, which made the destruction of Jews a high priority, starting with the persecution of Jews and culminating in the killing of approximately 6,000,000 Jews during World War II and the Holocaust from 1941 to 1945. Originally, the Nazis used death squads, the Einsatzgruppen, to conduct massive open-air killings of Jews who lived in the territories that they conquered. By 1942, the Nazi leadership decided to implement the Final Solution, the genocide of the Jews of Europe, and increase the pace of the Holocaust by establishing extermination camps for the specific purpose of killing Jews as well as other undesirables such as people who openly opposed Hitler.

This was an industrial method of genocide. Millions of Jews who had been confined to disease-ridden and massively overcrowded ghettos were transported (often by train) to death camps, where some of them were herded into a specific location (often a gas chamber), then they were either gassed or shot to death. Other prisoners simply committed suicide, unable to go on after witnessing the horrors of camp life. Afterward, their bodies were often searched for any valuable or useful materials, such as gold fillings or hair, and then their remains were either buried in mass graves or burned. Others were interned in the camps and during their internment, they were given little food and disease was rampant.

Escapes from the camps were few, but they were not unknown. The few escapes from Auschwitz that succeeded were made possible by the Polish underground which operated inside the camp and local people who lived outside. In 1940, the Auschwitz commandant reported that "the local population is fanatically Polish and … prepared to take any action against the hated SS camp personnel. Every prisoner who managed to escape can count on help the moment he reaches the wall of the first Polish farmstead."

Russia and the Soviet Union

Tsarist Russia

For much of the 19th century, Imperial Russia, which included much of Poland, Ukraine, Moldova and the Baltic states, contained the world's largest Jewish population. From Alexander III's reign until the end of Tsarist rule in Russia, many Jews were often restricted to the Jewish Pale of Settlement and they were also banned from many jobs and locations. Jews were subject to racial laws, such as the May Laws, and they were also targeted in hundreds of violent anti-Jewish riots, called pogroms, which received unofficial state support. During this period a hoax document alleging a global Jewish conspiracy, The Protocols of the Elders of Zion, was published.

The Tsarist government implemented policies that ensured that the Jews would remain isolated. However, the government tolerated the existence of their religious and national institutions and it also allowed them to emigrate. The restrictions and discriminatory laws drove many Russian Jews to embrace liberal and socialist causes. However, following the Russian Revolution, many politically active Jews forfeited their Jewish identity. According to Leon Trotsky, "[Jews] considered themselves neither Jews nor Russians but socialists. To them, Jews were not a nation but a class of exploiters whose fate it was to dissolve and assimilate." In the aftermath of the overthrow of Tsarist Russia, Jews found themselves in a tragic predicament. Conservative Russians saw them as a disloyal and subversive element, while the radicals viewed the Jews as a doomed social class.

Soviet Union

Even though many of the Old Bolsheviks were ethnically Jewish, they sought to uproot Judaism and Zionism and in order to achieve this goal, they established the Yevsektsiya. By the end of the 1940s, the Communist leadership of the former USSR had liquidated almost all Jewish organizations, with the exception of a few token synagogues. These synagogues were then placed under police surveillance, both openly and through the use of informants. They were strongly opposed to Judaism (and indeed to any religion) and conducted an extensive campaign to suppress the religious traditions among the Jewish population, alongside the traditional Jewish culture.

After 1948, antisemitism reached new heights in the Soviet Union, especially during the anti-cosmopolitan campaign, in which numerous Yiddish-writing poets, writers, painters and sculptors were arrested or killed. This campaign culminated in the so-called Doctors' plot, in which a group of doctors (almost all of whom were Jewish) were subjected to a show trial for supposedly having plotted to assassinate Stalin. Although repression eased after Stalin's death, persecution of Jews would continue until the late 1980s (see: refuseniks).

Apartheid South Africa

During the 1930s, many Nationalist Party leaders and wide sections of the Afrikaner people strongly came under the influence of the Nazi movement that dominated Germany from 1933 to 1945. There were many reasons for this. Germany was the traditional enemy of Britain, and whoever opposed Britain was seen as a friend of the Nationalists. Many Nationalists, moreover, believed that the opportunity to re-establish their lost republic would come with the defeat of the British Empire in the international arena. The more belligerent Hitler became, the higher hopes rose that a new era of Afrikanerdom was about to dawn.

The National Party of D F Malan closely associated itself with the policies of the Nazis. Jewish immigration from Eastern Europe was controlled under the Aliens Act and it soon came to an end during this period. Although Jews were accorded status as Europeans, they were not accepted into white society. Many Jews lived in mixed race areas such as District Six, from where they were forcibly removed in order to make way for a whites-only development.

During the 1930s, the Nationalists found much in common with the 'South African Gentile National Socialist Movement', headed by Johannes von Strauss von Moltke, whose objective was to combat and destroy the alleged 'perversive influence of the Jews in economics, culture, religion, ethics and statecraft, and re-establish European Aryan control in South Africa for the welfare of the Christian peoples of South Africa'.

During the 1960s, Oswald Mosley, the British fascist leader, was a frequent visitor to South Africa, where he was received by the Prime Minister and other members of the Cabinet. At one time, Mosley had two functioning branches of his organization in South Africa, and one of his supporters, Derek Alexander, was stationed in Johannesburg as his main agent.

Upon Verwoerd's assassination in 1966, John Vorster was elected by the National Party to replace him. While Vorster had been a supporter of Hitler during WWII, his policy towards Jews in his own country, however, can best be described as ambivalent.

The 1980s saw the rise of far-right neo-Nazi groups such as the Afrikaner Weerstandsbeweging under Eugene Terreblanche. The AWB modeled itself after Hitler's National Socialist Party replete with fascist regalia and an emblem resembling the swastika.

Terra nullius

From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Terra_nullius
The unclaimed areas of Antarctica, including all of Marie Byrd Land

Terra nullius (/ˈtɛrə nʌˈləs/, plural terrae nullius) is a Latin expression meaning "nobody's land". It was a principle sometimes used in international law to justify claims that territory may be acquired by a state's occupation of it. There are currently three territories sometimes claimed to be terra nullius: Bir Tawil (a strip of land between Egypt and Sudan), four pockets of land near the Danube due to the Croatia–Serbia border dispute, and parts of Antarctica, principally Marie Byrd Land.

Doctrine

In international law, terra nullius is territory which belongs to no state. Sovereignty over territory which is terra nullius can be acquired by any state by occupation. According to Oppenheim: "The only territory which can be the object of occupation is that which does not already belong to another state, whether it is uninhabited, or inhabited by persons whose community is not considered to be a state; for individuals may live on as territory without forming themselves into a state proper exercising sovereignty over such territory."

Occupation of terra nullius is one of several ways in which a state can acquire territory under international law. The other means of acquiring territory are conquest, cession by agreement, accretion through the operations of nature, and prescription through the continuous exercise of sovereignty.

History

Although the term terra nullius was not used in international law before the late nineteenth century, some writers have traced the concept to the Roman law term res nullius, meaning nobody's thing. In Roman law, things that were res nullius, such as wild animals (ferae bestiae), lost slaves and abandoned buildings could be taken as property by anyone by seizure. Benton and Strauman, however, state that the derivation of terra nullius from res nullius is "by analogy" only.

Sixteenth century writings on res nullius were in the context of European colonisation in the New World and the doctrine of discovery. In 1535, Domingo de Soto argued that Spain had no right to the Americas because the lands had not been res nullius at the time of discovery. Francisco di Vitoria, in 1539, also used the res nullius analogy to argue that the indigenous populations of the Americas, although “barbarians”, had both sovereignty and private ownership over their lands, and that the Spanish had gained no legal right to possession through mere discovery of these lands. Nevertheless, Vitoria stated that the Spanish possibly had a limited right to rule the indigenous Americans because the latter “are unsuited to setting up or administering a commonwealth both legitimate and ordered in human and civil terms.”

Alberico Gentili, in his De Jure Belli Libri Tres (1598), drew a distinction between the legitimate occupation of land that was res nullius and illegitimate claims of sovereignty through discovery and occupation of land that was not res nullius, as in the case of the Spanish claim to the Americas. Hugo Grotius, writing in 1625, also stated that discovery does not give a right to sovereignty over inhabited land, “For discovery applies to those things which belong to no one.”

By the eighteenth century, however, some writers argued that territorial rights over land could stem from the settlement and cultivation of that land. William Blackstone, in 1765, wrote, “Plantations or colonies, in distant countries, are either such where the lands are claimed by right of occupancy only, by finding them desert and uncultivated, and peopling them from the mother-country; or where, when already cultivated, they have been either gained by conquest, or ceded to us by treaties. And both these rights are founded upon the law of nature, or at least upon that of nations."

Borch states that many commentators erroneously interpreted this to mean that uncultivated lands, whether inhabited or not, could be claimed by a colonising state by right of occupancy. Several years before Blackstone, Emer de Vattel, in his Le droit des gents (1758), drew a distinction between land that was effectively occupied and cultivated, and the unsettled and uncultivated land of nomads which was open to colonisation.

The Berlin West Africa Conference of 1884-85 endorsed the principle that sovereignty over an unclaimed territory required effective occupation, and that where native populations had established effective occupation their sovereignty could not be unilaterally overturned by a colonising state.

The term terra nullius was used in 1885 in relation to the dispute between Spain and the United States over Contoy Island. Herman Eduard von Hoist, wrote, “Contoy was not, in an international sense, a desert, that is an abandoned island and hence terra nullius." In 1888, the Institut de Droit International introduced the concept of territorium nullius (nobody’s territory) as a public law equivalent to the private law concept of res nullius.

In 1909, the Italian international jurist Camille Piccioni described the island of Spitzbergen in the Arctic Circle as terra nullius. Even though the island was inhabited by the nationals of several European countries, the inhabitants did not live under any formal sovereignty.

In subsequent decades, the term terra nullius gradually replaced territorium nullius. Fitzmaurice argues that the two concepts were initially distinct, territorium nullius applying to territory in which the inhabitants might have property rights but had not developed political sovereignty whereas terra nullius referred to an absence of property. Nevertheless, terra nullius also implied an absence of sovereignty because sovereignty required property rights acquired through the exploitation of nature. Michael Connor, however, argues that territorium nullius and terra nullius were the same concept, meaning land without sovereignty, and that property rights and cultivation of land were not part of the concept.

The term terra nullius was adopted by the International Court of Justice in its 1975 Western Sahara advisory opinion. The majority wrote, "'Occupation' being legally an original means of peaceably acquiring sovereignty over territory otherwise than by cession or succession, it was a cardinal condition of a valid 'occupation' that the territory should be terra nullius – a territory belonging to no-one – at the time of the act alleged to constitute the 'occupation'." The court found that at the time of Spanish colonisation in 1884, the inhabitants of Western Sahara were nomadic but socially and politically organised in tribes and under chiefs competent to represent them. According to State practice of the time the territory therefore was not terra nullius.

Current claims of terra nullius

There are three instances where land is sometimes claimed to be terra nullius, Marie Byrd Land in Antarctica, Bir Tawil bordering Egypt and Sudan, and four small areas along the CroatiaSerbia border.

Marie Byrd Land

While several countries have made claims to parts of Antarctica in the first half of the 20th century, the remainder, including most of Marie Byrd Land (the portion east from 150°W to 90°W), has not been claimed by any sovereign state. Signatories to the Antarctic Treaty of 1959 agreed not to make such claims, except the Soviet Union and the United States, who reserved the right to make a claim.

Bir Tawil

Simplified map showing Egypt's territory (yellow), Sudan's territory (blue), the disputed Halaib Triangle (light green), Wadi Halfa Salient (dark green), and the unclaimed Bir Tawil (white).

Between Egypt and Sudan is the 2,060 km2 (800 sq mi) landlocked territory of Bir Tawil, which was created by a discrepancy between borders drawn in 1899 and 1902. One border placed Bir Tawil under Sudan's control and the Halaib Triangle under Egypt's; the other border did the reverse. Each country asserts the border that would give it the much larger Halaib Triangle, to the east, which is adjacent to the Red Sea, with the side effect that Bir Tawil is unclaimed by either country (each claims the other owns it). Bir Tawil has no settled population, but the land is used by Bedouins who roam the area.

Gornja Siga and other pockets

The Croatia–Serbia border dispute in the Bačka and Baranja area. The Croatian claim corresponds to the red line, while the Serbian claim corresponds to the course of the Danube.
  Under Serbian control, claimed by Croatia
  Under de facto Croatian control, although not claimed by either Croatia or Serbia

Croatia and Serbia dispute several small areas on the east bank of the Danube. However, four pockets on the west bank, of which Gornja Siga is the largest, are not claimed by either country. Serbia makes no claims on the land while Croatia states that the land belongs to Serbia. Croatia states that the disputed area is not terra nullius and they are negotiating with Serbia to settle the border.

Historical claims of terra nullius

Several territories have been claimed to be terra nullius. In a minority of those claims, international and domestic courts have ruled on whether the territory is or was terra nullius or not.

Africa

Burkina Faso and Niger

A narrow strip of land adjacent to two territorial markers along the Burkina Faso–Niger border was claimed by neither country until the International Court of Justice settled a more extensive territorial dispute in 2013. The former unclaimed territory was awarded to Niger.

Western Sahara

At the request of Morocco, the International Court of Justice in 1975 addressed whether Western Sahara was terra nullius at the time of Spanish colonization in 1885. The court found in its advisory opinion that Western Sahara was not terra nullius at that time.

Asia

Saudi-Iraqi neutral zone

Saudi Arabian–Iraqi neutral zone

Saudi-Kuwaiti neutral zone

Saudi Arabian–Kuwaiti neutral zone

Pinnacle Islands (Diaoyu Islands/Senkaku Islands)

A disputed archipelago in the East China Sea, the uninhabited Pinnacle Islands, were claimed by Japan to have become part of its territory as terra nullius in January 1895, following the Japanese victory in the First Sino-Japanese War. However, this interpretation is not accepted by the People's Republic of China (PRC) and the Republic of China (Taiwan), both of whom claim sovereignty over the islands.

Scarborough Shoal (South China Sea)

The People's Republic of China and the Philippines both claim the Scarborough Shoal or Panatag Shoal or Huangyan Island (simplified Chinese: 黄岩岛; traditional Chinese: 黃巖島; pinyin: Huángyán Dǎo), nearest to the island of Luzon, located in the South China Sea. The Philippines claims it under the principles of terra nullius and EEZ (exclusive economic zone). China's claim refers to its discovery in the 13th century by Chinese fishermen (the former Nationalist government on the Chinese mainland had also claimed this territory after the founding of the Republic of China in 1911). However, despite China's position of non-participation in a United Nations Convention on the Law of the Sea case, in 2016, the Permanent Court of Arbitration (PCA) denied the lawfulness of China's "nine-dash line" claim.

Despite this, China continues to build artificial islands in the South China Sea, and Scarborough Shoal is a prime location for another one. Chinese ships have been seen in the vicinity of the shoal. Analysis of photos has concluded that the ships lack dredging equipment and therefore represent no imminent threat of reclamation work.

Europe

Ireland

The term terra nullius has been applied by some modern academics in discussing the English colonisation of Ireland, although the term is not used in the international law sense and is often used as an analogy. Griffen and Cogliano state that the English viewed Ireland as a terra nullius. In The Irish Difference: A Tumultuous History of Ireland’s Breakup With Britain, Fergal Tobin writes that "Ireland had no tradition of unified statehood and no culturally unified establishment. Indeed, it had never known any kind of political unity until a version of it was imposed by Cromwell's sword […] So the English Protestant interest […] came to regard Ireland as a kind of terra nullius." Similarly, Bruce McLeod writes in The Geography of Empire in English Literature, 1580-1745 that "although the English were familiar with Ireland and its geography in comparison to North America, they treated Ireland as though it were terra nullius and thus easily and geometrically subdivided into territorial units." Rolston and McVeigh trace this attitude back to Gerald of Wales (13th century), who wrote "This people despises work on the land, has little use for the money-making of towns, contemns the rights and privileges of citizenship, and desires neither to abandon, nor lose respect for, the life which it has been accustomed to lead in the woods and countryside." The semi-nomadism of the native Irish meant that some English judged them not to be productive users of land. However, Rolston and McVeigh state that Gerald made it clear that Ireland was acquired by conquest and not through the occupation of terra nullius.

Rockall

According to Ian Mitchell, Rockall was terra nullius until it was claimed by the United Kingdom in 1955. It was formally annexed in 1972.

Sealand

In 1967, Paddy Roy Bates claimed an abandoned British anti-aircraft gun tower in the North Sea as the "Principality of Sealand". The structure is now within British territorial waters and no country recognises Sealand.

Svalbard

Denmark–Norway, the Dutch Republic, the Kingdom of Great Britain, and the Kingdom of Scotland all claimed sovereignty over the archipelago of Svalbard in the seventeenth century, but none permanently occupied it. Expeditions from each of these polities visited Svalbard principally during the summer for whaling, with the first two sending a few wintering parties in the 1620s and 1630s.

During the 19th century, both Norway and Russia made strong claims to the archipelago. In 1909, Italian jurist Camille Piccioni described Spitzbergen, as it was then known, as terra nullius:

The issue would have been simpler if Spitzbergen, until now terra nullius, could have been attributed to a single state, for reasons of neighbouring or earlier occupation. But this is not the case and several powers can, for different reasons, make their claims to this territory which still has no master.

The territorial dispute was eventually resolved by the Svalbard Treaty of 9 February 1920 which recognized Norwegian sovereignty over the islands.

North America

Canada

Joseph Trutch, the first Lieutenant Governor of British Columbia, insisted that First Nations had never owned land, and thus their land claims could safely be ignored. It is for this reason that most of British Columbia remains unceded land.

In Guerin v. The Queen, a Canadian Supreme Court decision of 1984 on aboriginal rights, the Court stated that the government has a fiduciary duty toward the First Nations of Canada and established aboriginal title to be a sui generis right. Since then there has been a more complicated debate and a general narrowing of the definition of "fiduciary duty".

Eastern Greenland

Norway occupied and claimed parts of (then uninhabited) eastern Greenland in 1931, claiming that it constituted terra nullius and calling the territory Erik the Red's Land.

The Permanent Court of International Justice ruled against the Norwegian claim. The Norwegians accepted the ruling and withdrew their claim.

United States

A similar concept of "uncultivated land" was employed by John Quincy Adams to identify supposedly unclaimed wilderness.

Guano Islands

The Guano Islands Act of 18 August 1856 enabled citizens of the U.S. to take possession of islands containing guano deposits. The islands can be located anywhere, so long as they are not occupied and not within the jurisdiction of other governments. It also empowers the President of the United States to use the military to protect such interests, and establishes the criminal jurisdiction of the United States.

Oceania

Australia

The British penal colony of New South Wales, which included more than half of mainland Australia, was proclaimed by Governor Captain Arthur Phillip at Sydney in February 1788. At the time of British colonisation, Aboriginal Australians had occupied Australia for at least 50,000 years. They were complex hunter-gatherers with diverse economies and societies and about 250 different language groups. The Aboriginal population of the Sydney area was an estimated 4,000 to 8,000 people who were organised in clans which occupied land with traditional boundaries.

There is debate over whether Australia was colonised by the British from 1788 on the basis that the land was terra nullius. Frost, Attwood and others argue that even though the term terra nullius was not used in the eighteenth century, there was widespread acceptance of the concept that a state could acquire territory through occupation of land that was not already under sovereignty and was uninhabited or inhabited by peoples who had not developed permanent settlements, agriculture, property rights or political organisation recognised by European states. Borch, however, states that, "it seems much more likely that there was no legal doctrine maintaining that inhabited land could be regarded as ownerless, nor was this the basis of official policy, in the eighteenth century or before. Rather it seems to have developed as a legal theory in the nineteenth century.”

In Mabo v Queensland (No 2) (1992), Justice Dawson stated, "Upon any account, the policy which was implemented and the laws which were passed in New South Wales make it plain that, from the inception of the colony, the Crown treated all land in the colony as unoccupied and afforded no recognition to any form of native interest in the land."

Stuart Banner states that the first known Australian legal use of the concept (although not the term) terra nullius was in 1819 in a tax dispute between Barron Field and the Governor of New South Wales Lachlan Macquarie. The matter was referred to British Attorney General Samuel Shepherd and Solicitor General Robert Gifford who advised that New South Wales had not been acquired by conquest or cession, but by possession as "desert and uninhabited".

In 1835, a Proclamation by Governor Bourke stated that British subjects could not obtain title over vacant Crown land directly from Aboriginal Australians.

In R v Murrell (1836) Justice Burton of the Supreme Court of New South Wales stated, "although it might be granted that on the first taking possession of the Colony, the aborigines were entitled to be recognised as free and independent, yet they were not in such a position with regard to strength as to be considered free and independent tribes. They had no sovereignty."

In the Privy Council case Cooper v Stuart (1889), Lord Watson stated that New South Wales was, "a tract of territory practically unoccupied, without settled inhabitants or settled law, at the time when it was peacefully annexed to the British dominions."

In the Mabo Case (1992), the High Court of Australia considered the question of whether Australia had been colonised by Britain on the basis that it was terra nullius. The court did not consider the legality of the initial colonisation as this was a matter of international law and, "The acquisition of territory by a sovereign state for the first time is an act of state which cannot be challenged, controlled or interfered with by the courts of that state." The questions for decision included the implications of the initial colonisation for the transmission of the common law to New South Wales and whether the common law recognised that the Indigenous inhabitants had any form of native title to land. Dismissing a number of previous authorities, the court rejected the "enlarged notion of terra nullius", by which lands inhabited by Indigenous peoples could be considered desert and uninhabited for the purposes of Australian municipal law. The court found that the common law of Australia recognised a form of native title held by the Indigenous peoples of Australia and that this title persisted unless extinguished by a valid exercise of sovereign power inconsistent with the continued right to enjoy native title.

Clipperton Island

The sovereignty of Clipperton Island was settled by arbitration between France and Mexico. King Victor Emmanuel III of Italy rendered a decision in 1931 that the sovereignty of Clipperton Island belongs to France from the date of November 17, 1858. The Mexican claim was rejected for lack of proof of prior Spanish discovery and, in any event, no effective occupation by Mexico before 1858, when the island was therefore territorium nullius, and the French occupation then was sufficient and legally continuing.

South Island of New Zealand

In 1840, the newly appointed Lieutenant-Governor of New Zealand, Captain William Hobson of the Royal Navy, following instructions from the British government, declared the Middle Island of New Zealand (later known as the "South Island") as terra nullius, and therefore fit for occupation by European settlers. Hobson's decision was also influenced by a small party of French settlers heading towards Akaroa on Banks Peninsula to settle in 1840.

South America

Patagonia

Patagonia was according to some considerations regarded a terra nullius in the 19th century. This notion ignored the Spanish Crown's recognition of indigenous Mapuche sovereignty and is considered by scholars Nahuelpán and Antimil to have set the stage for an era of Chilean "republican colonialism".

Limits of national jurisdiction and sovereignty

View the following chart as if it was a "cross-section" of Earth, stretching from underground to outer space.

Limits of national jurisdiction and sovereignty
Outer space (including Earth's orbits; the Moon and other celestial bodies, and their orbits)
national airspace territorial waters airspace contiguous zone airspace[citation needed]   international airspace
territorial land surface internal waters' surface territorial waters' surface contiguous zone surface waters exclusive economic zone waters' surface international waters' surface
internal waters territorial waters exclusive economic zone international waters
under ground surface in land territory surface waters overlying continental shelf surface waters overlying continental shelf surface waters overlying extended continental shelf international waters' seabed surface
beneath continental shelf seabed beneath extended continental shelf seabed international waters beneath seabed
  full national jurisdiction and sovereignty
  restrictions on national jurisdiction and sovereignty
  international jurisdiction per common heritage of humanity

Politics of Europe

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