Abbas: Peace Agreement Will End Conflict

Originally posted by RoccoR
This is the impregnation of the concept that "Palestine" (defined as with the boundaries it had during the British Mandate) encompasses The State of Israel, and that Israel is a subdivision within Palestine. This fallacy, of course, leads to the next step, which is "Palestine" is the Arab-Palestinian Homeland; a nation unto itself.

If there is ever going to be a lasting peace, this paradigm has to shift.

Originally posted by Toastman
The problem with this post is that 'Western Palestine' , doesn't exist.

No matter how hard you try to make it seem like Israel isn't there, Israel really IS there.
However, if you and the other rabid and hateful anti - Israelis choose to live in this fantasy world where 'Palestine' is located where Israel is, then that's your problem.
My invitation to join the rest of us in the world of reality still stands though :)

Toastman,

The idea you and Rocco are sponsoring here,according to which western Palestine stopped being part of the historical palestinian homeland due to the creation of an internationally recognised political entity is so ridiculous, so outrageous that I don’t really need to refute it.

By exposing it I’m already refuting it.

Stop for a moment and pay attention to the absurd, ridiculous, loony concept you and Rocco are proposing:

According to you, the territory upon which the state of Israel was created suddenly, magically ceased being the historical homeland of the palestinian people by virtue of the creation of the aforementioned state.

The stroke of pen by UN diplomats does not have the power to cancel the historical connection of any people to the territory they inhabited for centuries, toastman/Rocco.

The creation of a political entity, of a nation state anywhere on Earth does not eliminate the right of any ethnic group with a historical presence on that region to rightly consider it part of their homeland.

Israel’s creation could never “cancel” this historical reality even if it was created by the decendents of the ancient semitic people who inhabited that region a couple of millenia ago let alone a bunch of eastern europeans with no genetic link to that ancient people. (read my aside below, please).

Historical homelands are a result of History, of the passage of time, of a continued presence of a people on a piece of land and the founding of a new political entity does not change their nature in any way.

If the fact that the state of Israel sits on top of the historical homeland of the palestinian people bothers you and Rocco so much there is only one way to change this reality:

Build a time machine, go back in time 1400 years, prevent the arabs from settling and living there for centuries as well as assimilating the peoples of the region, come back to 2013 and then you’ll be able to deal a mortal blow on my argument pointing to the absolute absence of a continued arab presence in the region.

Both Israel and South Africa (under the name of African Union) were created in 1948. Both states were fully recognized by the international community, members of the UN, etc... I’m pointing out South Africa’s international legitimacy because Rocco has a strange obsession with international legalism as if international recognition could legitimize an ethnocratic state racist to the bone.

From 48 to 94 millions of Zulus, Xhosas and other minority ethnic groups were prevented from leaving or “transfered to Ciskei, Transkei etc... and live in South Africa just like millions of palestinians have been prevented from entering the western half of their homeland from 48 to today.

Israel’s creation has absolutely no bearing on western Palestine’s status as the historical homeland of the arab people just like the creation of South Africa never invalidated that territory’s condition as the homeland of the several Bantu peoples who inhabited the region no matter how much international “legitimacy” the two racial dictatorships enjoyed in the past and still enjoy today.

65 years of Israel in western Palestine haven’t changed the status of the land as their homeland anymore than 40 years of South Africa on the Bantu homeland changed the status of the territory as the homeland of Zulus, Xhosas, etc.

Western Palestine as the homeland of the palestinian people is firmly grounded on centuries of continued inhabitance in that region. Only a psychological process of emotional detachment from the land can change this reality.

Example:

The mexican society, who albeit grudgingly, eventually came to terms with the fact that mexican northern provinces became the american southwest.


From the moment Mexicans accepted California, Texas, New Mexico as american states instead of mexican provinces taken by brute force those territories ceased from being part of the historical homeland of Mexicans, despite the historical presence of hispanics in the region, meaning:

Mexicans lost their right to live there, their right to consider it as part of mexican homeland, the moment they lost their will to fight for them and accepted american sovereignty over the land.

No founding of any Texan Republic could invalidate Texas as the homeland of Mexicans.

No victory on the battlefield in 36 or 48 could accomplish that feat.

No military occupation of Mexico, no strongarming to force Mexico to “sell” the land for peanuts could do it.

No “peace treaty” signed by Santa Anna or any other Mexican leader could do it either.

Only the resigned acceptance of US sovereignty over their former provinces on the part of the mexican society finally worked the “miracle” of nullifying California, Texas and New Mexico’s status as part of the mexican historical homeland.

The only thing that can invalidate western Palestine as the historic homeland of the palestinian people is a sociological/psychological process similar to the one that occurred in Mexico in the 19th century.

No founding of jewish states, no victory on the battlefield, no peace treaty signed by Abbas, Hamas or even Arafat can nullify Palestine as the historical homeland of palestinian arabs.

Only a sociological process of acceptance of Israel’s sovereignty over the land by the palestinian society similar to the one that happened in Mexico can do the trick.

The idea that the creation of a state somehow overrides the status of a given territory as the homeland of another ethnic group is a bizarre idea that has no validation in History, Political Science and Sociology alike.

Only God knows who shoved this stupidity into Rocco and toastman’s minds.

I’m pretty baffled by the total insanity of this “argument”.
 
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Aside about Askhenazi Jews

I want to make absolutely clear to all my Askhenazi friends here that I do not deny the legitimacy of their national identity. I fully respect and admire the real jewishness of MHunterB, ForeverYoung, toastman, Roudy, Sweet_Caroline (?) and all the others I don’t remember now. Even Lipush, who’s not a Askhenazi but a hispanic like myself. You are all 100% Jews and no one has the right to try and delegitimize your national identity.

But I stand by what I have been saying since I joined this message board in 2004:

You are not the descendents of the ancient semitic people who inhabited the Middle East.

I know there is an aparent(only aparent) contradiction between both statements and this subject deserves an entire tread. Maybe I’m gonna call it:

José’s totally awesome thread on the jewish national identity
 
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Rocco and toastman went down in History as the last two posters I replied to.

Now I’m gonna put all the regulars of the Israel/Palestine forum on ignore to reduce my chances of being banned again to a minimum.

Two years from now, when all the threads I created and participated in are dead and buried and I don’t have any desire to respond to anything I may unmute everybody and check out the replies.

So don’t even bother trying to debate anything with me from now on because I won’t be able to read the content of your posts.
 
José;7839057 said:
Rocco and toastman went down in History as the last two posters I replied to.

Now I’m gonna put all the regulars of the Israel/Palestine forum on ignore to reduce my chances of being banned again to a minimum.

Two years from now, when all the threads I created and participated in are dead and buried and I don’t have any desire to respond to anything I may unmute everybody and check out the replies.

So don’t even bother trying to debate anything with me from now on because I won’t be able to read the content of your posts.
Well, just....damn! I'm gonna have to sleep in the bathtub tonight so those big 'ol hoss turd-sized tears don't soak my pillow. I'm also hoping I wake in the morning and find this bad news was a dream.
 
José, et al,

There is a serious misunderstanding.

José;7839045 said:
According to you, the territory upon which the state of Israel was created suddenly, magically ceased being the historical homeland of the palestinian people by virtue of the creation of the aforementioned state.

The stroke of pen by UN diplomats does not have the power to cancel the historical connection of any people to the territory they inhabited for centuries, toastman/Rocco.
(COMMENT)

Yes a misunderstanding.

The UN did not cancel any historical connection as stated here. Nor does the creation of the State of Israel negate such a connection. Sovereignty does not have any impact at all on territorial residency, the historical land utilization, or property ownership. For 800 years prior to the Treaty of Sevres, and the Mandate for Palestine, the people were under Ottoman Sovereignty. And it had no impact on the historical connections to the land.

Conversely, the historical connection, the land utilization and the ownership, did not determine the sovereignty and rule.

José;7839045 said:
The creation of a political entity, of a nation state anywhere on Earth does not eliminate the right of any ethnic group with a historical presence on that region to rightly consider it part of their homeland.
(COMMENT)

No one says it does. However a change in sovereignty may change laws.

José;7839045 said:
Israel’s creation could never “cancel” this historical reality even if it was created by the decendents of the ancient semitic people who inhabited that region a couple of millenia ago let alone a bunch of eastern europeans with no genetic link to that ancient people. (read my aside below, please).
(COMMENT)

I don't know if this is true. And I'm not sure, even if it was true, if it would alter the outcome.

José;7839045 said:
Historical homelands are a result of History, of the passage of time, of a continued presence of a people on a piece of land and the founding of a new political entity does not change their nature in any way.
(COMMENT)

Again, no one says it does.

José;7839045 said:
If the fact that the state of Israel sits on top of the historical homeland of the palestinian people bothers you and Rocco so much there is only one way to change this reality:

Build a time machine, go back in time 1400 years, prevent the arabs from settling and living there for centuries as well as assimilating the peoples of the region, come back to 2013 and then you’ll be able to deal a mortal blow on my argument pointing to the absolute absence of a continued arab presence in the region.
(COMMENT)

Poor analogy. Who lives on the land and who has sovereignty may be entirely different.

José;7839045 said:
Both Israel and South Africa (under the name of African Union) were created in 1948. Both states were fully recognized by the international community, members of the UN, etc... I’m pointing out South Africa’s international legitimacy because Rocco has a strange obsession with international legalism as if international recognition could legitimize an ethnocratic state racist to the bone.
(COMMENT)

That was never said. I have consistently said that Sovereignty has no relationship. The legitimacy of the sovereignty of a state, has nothing to do with the character of the state.

José;7839045 said:
From 48 to 94 millions of Zulus, Xhosas and other minority ethnic groups were prevented from leaving or “transfered to Ciskei, Transkei etc... and live in South Africa just like millions of palestinians have been prevented from entering the western half of their homeland from 48 to today.
(COMMENT)

This is nonsense. With sovereignty comes borders and territory. Just as Lebanon, Syria, Jordan, and Egypt all have sovereignty and border controls, so does Israel.

Your analogy with the Zulus is an internal domestic matter. Something completely different.

José;7839045 said:
Israel’s creation has absolutely no bearing on western Palestine’s status as the historical homeland of the arab people just like the creation of South Africa never invalidated that territory’s condition as the homeland of the several Bantu peoples who inhabited the region no matter how much international “legitimacy” the two racial dictatorships enjoyed in the past and still enjoy today.
(COMMENT)

I don't know. Define "Western Palestine."

José;7839045 said:
65 years of Israel in western Palestine haven’t changed the status of the land as their homeland anymore than 40 years of South Africa on the Bantu homeland changed the status of the territory as the homeland of Zulus, Xhosas, etc.
(COMMENT)

Stick to a topic. I see no relationship between the internal domestic issues of South Africa and the international issues of Israeli sovereignty.

José;7839045 said:
Western Palestine as the homeland of the palestinian people is firmly grounded on centuries of continued inhabitance in that region. Only a psychological process of emotional detachment from the land can change this reality.
(COMMENT)

I don't know what that means.

José;7839045 said:
No founding of jewish states, no victory on the battlefield, no peace treaty signed by Abbas, Hamas or even Arafat can nullify Palestine as the historical homeland of palestinian arabs.
(COMMENT)

You keep repeating this as if it means something. I don't know of anyone that claims the Arab Palestinian does not have an historical connection to that territory. Just as I am Ito-Americano (Italian American) and have a historical connection to Italy, doesn't mean that I don't have to ask for permission to enter Italy. So, I'm waiting for the point you are trying to make.

José;7839045 said:
Only God knows who shoved this stupidity into Rocco and toastman’s minds.

I’m pretty baffled by the total insanity of this “argument”.
(COMMENT)

No more so than I am of your argument.

Most Respectfully,
R
 
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José;7839053 said:
Aside about Askhenazi Jews

I want to make absolutely clear to all my Askhenazi friends here that I do not deny the legitimacy of their national identity. I fully respect and admire the real jewishness of MHunterB, ForeverYoung, toastman, Roudy, Sweet_Caroline (?) and all the others I don’t remember now. Even Lipush, who’s not a Askhenazi but a hispanic like myself. You are all 100% Jews and no one has the right to try and delegitimize your national identity.

But I stand by what I have been saying since I joined this message board in 2004:

You are not the descendents of the ancient semitic people who inhabited the Middle East.

I know there is an aparent(only aparent) contradiction between both statements and this subject deserves an entire tread. Maybe I’m gonna call it:

José’s totally awesome thread on the jewish national identity

There is no question that Jews have an historic connection to the holy land.

However:

Are the Jews in Israel actual decedents of the Israelites?

Many others also have an historic connection. There is no historic precedent for an exclusive Jewish state.
 
José;7839053 said:
Aside about Askhenazi Jews

I want to make absolutely clear to all my Askhenazi friends here that I do not deny the legitimacy of their national identity. I fully respect and admire the real jewishness of MHunterB, ForeverYoung, toastman, Roudy, Sweet_Caroline (?) and all the others I don’t remember now. Even Lipush, who’s not a Askhenazi but a hispanic like myself. You are all 100% Jews and no one has the right to try and delegitimize your national identity.

But I stand by what I have been saying since I joined this message board in 2004:

You are not the descendents of the ancient semitic people who inhabited the Middle East.

I know there is an aparent(only aparent) contradiction between both statements and this subject deserves an entire tread. Maybe I’m gonna call it:

José’s totally awesome thread on the jewish national identity

There is no question that Jews have an historic connection to the holy land.

However:

Are the Jews in Israel actual decedents of the Israelites?

Many others also have an historic connection. There is no historic precedent for an exclusive Jewish state.

I don't know how Jose can say so confidently that we are not descendants of the ancient Hebrews. I, for one, would be willing to take a DNA test. Since I am a Kohen (of the priestly tribe), I can trace my roots all the way to Aaron, brother of Moses, if the DNA tests come back positive. Let's say, though, just for the sake of argument, that Ashkenazi Jews were descended from Khazar converts. It would still make no difference. Lipush is just as Jewish as I am, in the great tradition of Ruth, Jethro and Abraham. As for Tinmore's assertion that Jews/Hebrews/Israelites have never exclusively ruled over Israel--in the past, I have listed all the kings, queens and judges who have ruled from the Davidic, Hasmonean and other such dynasties.
 
P F Tinmore, José, et al,

If you go back far enough, nearly all sorts of connections can be made to that region of the world.

José;7839053 said:
Aside about Askhenazi Jews

I want to make absolutely clear to all my Askhenazi friends here that I do not deny the legitimacy of their national identity. I fully respect and admire the real jewishness of MHunterB, ForeverYoung, toastman, Roudy, Sweet_Caroline (?) and all the others I don’t remember now. Even Lipush, who’s not a Askhenazi but a hispanic like myself. You are all 100% Jews and no one has the right to try and delegitimize your national identity.

But I stand by what I have been saying since I joined this message board in 2004:

You are not the descendents of the ancient semitic people who inhabited the Middle East.

I know there is an aparent(only aparent) contradiction between both statements and this subject deserves an entire tread. Maybe I’m gonna call it:

José’s totally awesome thread on the jewish national identity

There is no question that Jews have an historic connection to the holy land.

However:

Are the Jews in Israel actual decedents of the Israelites?

Many others also have an historic connection. There is no historic precedent for an exclusive Jewish state.
(COMMENT)

While very interesting, historic connections do not, by themselves, serve as reason or evidence to the establishment of sovereign territory. Humanity and society evolve. And within that evolutionary process, territories change in character and ethnicity. The Middle East is the most heavily conquered area in the world. Nearly all the ancient regional powers claimed it at one time or another. Anyone from the Middle East can claim a connection to the Canaanites, the Assyrians, Babylonians, Alexander the Great and both the Macedonians and Greeks, the Egyptians, the Romans, and The Mamelukes (and a few more that I've probably forgotten to mention).

The historic connection to territory means nothing, relative to sovereignty. More flags have been raised over that territory than can be remembered. More blood soaked into the ground then can be immortalized.

Most Respectfully,
R
 
P F Tinmore, José, et al,

If you go back far enough, nearly all sorts of connections can be made to that region of the world.

José;7839053 said:
Aside about Askhenazi Jews

I want to make absolutely clear to all my Askhenazi friends here that I do not deny the legitimacy of their national identity. I fully respect and admire the real jewishness of MHunterB, ForeverYoung, toastman, Roudy, Sweet_Caroline (?) and all the others I don’t remember now. Even Lipush, who’s not a Askhenazi but a hispanic like myself. You are all 100% Jews and no one has the right to try and delegitimize your national identity.

But I stand by what I have been saying since I joined this message board in 2004:

You are not the descendents of the ancient semitic people who inhabited the Middle East.

I know there is an aparent(only aparent) contradiction between both statements and this subject deserves an entire tread. Maybe I’m gonna call it:

José’s totally awesome thread on the jewish national identity

There is no question that Jews have an historic connection to the holy land.

However:

Are the Jews in Israel actual decedents of the Israelites?

Many others also have an historic connection. There is no historic precedent for an exclusive Jewish state.
(COMMENT)

While very interesting, historic connections do not, by themselves, serve as reason or evidence to the establishment of sovereign territory. Humanity and society evolve. And within that evolutionary process, territories change in character and ethnicity. The Middle East is the most heavily conquered area in the world. Nearly all the ancient regional powers claimed it at one time or another. Anyone from the Middle East can claim a connection to the Canaanites, the Assyrians, Babylonians, Alexander the Great and both the Macedonians and Greeks, the Egyptians, the Romans, and The Mamelukes (and a few more that I've probably forgotten to mention).

The historic connection to territory means nothing, relative to sovereignty. More flags have been raised over that territory than can be remembered. More blood soaked into the ground then can be immortalized.

Most Respectfully,
R

I agree that the ME is the conquered capital of the world. However, the entire population does not change every time a new flag is raised. The political elites and other "trouble makers" are removed but the rest remain to be exploited. There is that core population who have built the cities, homes, villages, factories, and farms. These are the native Muslims, Christians, and Jews who are the true owners of Palestine. These are the people who have the right to remain and enjoy the fruits of their labor.
 
P F Tinmore, José, et al,

This is absoultely correct in 95% of the cases.

I agree that the ME is the conquered capital of the world. However, the entire population does not change every time a new flag is raised.
(COMMENT)
  • What does change?
SHORT TALE: In 722 BC -- the Assyrians conquer Israel. King Shalmanesser is dead and Sargon is now King. The entire population of Israel is converted from Israeli sovereignty to Assyrian sovereignty and deported (force transfer); most to the northeast into Assyria (Halah and Habor region); including the captured King Hoshea (the last King of Israel who dies in a Assyrian Prison).​

No, the entire population does not change every time, but the sovereignty does. There is change. One day you are under Israeli sovereignty, and the next day you are under Assyrian sovereignty. In the case of King Hoshea, everything changed. All Israeli lands and titles were forfeit and The Assyrian King Sargon repopulated the territory with refugees (another forced transfer) from other Assyrian conquests to the east [oddly enough, some of the refugees were Jewish (est 15%-25%)].

Most Respectfully,
R
 
Last edited:
P F Tinmore, José, et al,

If you go back far enough, nearly all sorts of connections can be made to that region of the world.

José;7839053 said:
Aside about Askhenazi Jews

I want to make absolutely clear to all my Askhenazi friends here that I do not deny the legitimacy of their national identity. I fully respect and admire the real jewishness of MHunterB, ForeverYoung, toastman, Roudy, Sweet_Caroline (?) and all the others I don’t remember now. Even Lipush, who’s not a Askhenazi but a hispanic like myself. You are all 100% Jews and no one has the right to try and delegitimize your national identity.

But I stand by what I have been saying since I joined this message board in 2004:

You are not the descendents of the ancient semitic people who inhabited the Middle East.

I know there is an aparent(only aparent) contradiction between both statements and this subject deserves an entire tread. Maybe I’m gonna call it:

José’s totally awesome thread on the jewish national identity

There is no question that Jews have an historic connection to the holy land.

However:

Are the Jews in Israel actual decedents of the Israelites?

Many others also have an historic connection. There is no historic precedent for an exclusive Jewish state.
(COMMENT)

While very interesting, historic connections do not, by themselves, serve as reason or evidence to the establishment of sovereign territory. Humanity and society evolve. And within that evolutionary process, territories change in character and ethnicity. The Middle East is the most heavily conquered area in the world. Nearly all the ancient regional powers claimed it at one time or another. Anyone from the Middle East can claim a connection to the Canaanites, the Assyrians, Babylonians, Alexander the Great and both the Macedonians and Greeks, the Egyptians, the Romans, and The Mamelukes (and a few more that I've probably forgotten to mention).

The historic connection to territory means nothing, relative to sovereignty. More flags have been raised over that territory than can be remembered. More blood soaked into the ground then can be immortalized.

Most Respectfully,
R

Except for the original Canaanites, all the other peoples that were named in this post conquered Israel in the course of their world conquests. Possibly the Crusaders and Jews were the only ones who conquered Israel, specifically, because of their connection to this land in particular.
 
José;7839053 said:
Aside about Askhenazi Jews

I want to make absolutely clear to all my Askhenazi friends here that I do not deny the legitimacy of their national identity. I fully respect and admire the real jewishness of MHunterB, ForeverYoung, toastman, Roudy, Sweet_Caroline (?) and all the others I don’t remember now. Even Lipush, who’s not a Askhenazi but a hispanic like myself. You are all 100% Jews and no one has the right to try and delegitimize your national identity.

But I stand by what I have been saying since I joined this message board in 2004:

You are not the descendents of the ancient semitic people who inhabited the Middle East.

I know there is an aparent(only aparent) contradiction between both statements and this subject deserves an entire tread. Maybe I’m gonna call it:

José’s totally awesome thread on the jewish national identity

There is no question that Jews have an historic connection to the holy land.

However:

Are the Jews in Israel actual decedents of the Israelites?

Many others also have an historic connection. There is no historic precedent for an exclusive Jewish state.
I was thinking, Paul, that if you loosened your bra straps you would get more blood circulation to your brain and you wouldn't make such outrageous statements.
 
P F Tinmore, José, et al,

This is absoultely correct in 95% of the cases.

I agree that the ME is the conquered capital of the world. However, the entire population does not change every time a new flag is raised.
(COMMENT)
  • What does change?
SHORT TALE: In 722 BC -- the Assyrians conquer Israel. King Shalmanesser is dead and Sargon is now King. The entire population of Israel is converted from Israeli sovereignty to Assyrian sovereignty and deported (force transfer); most to the northeast into Assyria (Halah and Habor region); including the captured King Hoshea (the last King of Israel who dies in a Assyrian Prison).​

No, the entire population does not change every time, but the sovereignty does. There is change. One day you are under Israeli sovereignty, and the next day you are under Assyrian sovereignty. In the case of King Hoshea, everything changed. All Israeli lands and titles were forfeit and The Assyrian King Sargon repopulated the territory with refugees (another forced transfer) from other Assyrian conquests to the east [oddly enough, some of the refugees were Jewish (est 15%-25%)].

Most Respectfully,
R

No, the entire population does not change every time, but the sovereignty does.

That was true in the past. However, in the last hundred years or so, the people decided to live in a more civilized world. They assembled a body of law. Military conquest is no longer legal. Sovereignty can no longer be acquired at the point of a gun.
 
P F Tinmore, José, et al,

This is absoultely correct in 95% of the cases.

I agree that the ME is the conquered capital of the world. However, the entire population does not change every time a new flag is raised.
(COMMENT)
  • What does change?
SHORT TALE: In 722 BC -- the Assyrians conquer Israel. King Shalmanesser is dead and Sargon is now King. The entire population of Israel is converted from Israeli sovereignty to Assyrian sovereignty and deported (force transfer); most to the northeast into Assyria (Halah and Habor region); including the captured King Hoshea (the last King of Israel who dies in a Assyrian Prison).​

No, the entire population does not change every time, but the sovereignty does. There is change. One day you are under Israeli sovereignty, and the next day you are under Assyrian sovereignty. In the case of King Hoshea, everything changed. All Israeli lands and titles were forfeit and The Assyrian King Sargon repopulated the territory with refugees (another forced transfer) from other Assyrian conquests to the east [oddly enough, some of the refugees were Jewish (est 15%-25%)].

Most Respectfully,
R

No, the entire population does not change every time, but the sovereignty does.

That was true in the past. However, in the last hundred years or so, the people decided to live in a more civilized world. They assembled a body of law. Military conquest is no longer legal. Sovereignty can no longer be acquired at the point of a gun.

So when exactly was the cut-off date for military conquest being illegal--1945?
 
P F Tinmore, José, et al,

Oh, I wouldn't say that.

No, the entire population does not change every time, but the sovereignty does.

That was true in the past. However, in the last hundred years or so, the people decided to live in a more civilized world. They assembled a body of law. Military conquest is no longer legal. Sovereignty can no longer be acquired at the point of a gun.
(COMMENT)

One might look at Tibet as an example.

But, in general, on a technicality you may be correct. The 20th Century, was the century of third and fourth generation warfare (3GW & 4GW). Specifically, when:
  • Major powers orchestrate a coups d'état --- using an aggressive third party as a substitute --- avoiding a commitment of conventional forces as --- a means of engaging an opposing major power without the inconvenience of a direct confrontation.

What might appear to be a violent means of self-determination could be an induced change by proxy.

Most Respectfully,
R
 
ForeverYoung436, et al,

Between 1970 and 1974.

P F Tinmore, José, et al,

This is absoultely correct in 95% of the cases.


(COMMENT)
  • What does change?
SHORT TALE: In 722 BC -- the Assyrians conquer Israel. King Shalmanesser is dead and Sargon is now King. The entire population of Israel is converted from Israeli sovereignty to Assyrian sovereignty and deported (force transfer); most to the northeast into Assyria (Halah and Habor region); including the captured King Hoshea (the last King of Israel who dies in a Assyrian Prison).​

No, the entire population does not change every time, but the sovereignty does. There is change. One day you are under Israeli sovereignty, and the next day you are under Assyrian sovereignty. In the case of King Hoshea, everything changed. All Israeli lands and titles were forfeit and The Assyrian King Sargon repopulated the territory with refugees (another forced transfer) from other Assyrian conquests to the east [oddly enough, some of the refugees were Jewish (est 15%-25%)].

Most Respectfully,
R

No, the entire population does not change every time, but the sovereignty does.

That was true in the past. However, in the last hundred years or so, the people decided to live in a more civilized world. They assembled a body of law. Military conquest is no longer legal. Sovereignty can no longer be acquired at the point of a gun.

So when exactly was the cut-off date for military conquest being illegal--1945?
(OBSERVATION)

A/RES/3314(XXIX) 14 December 1974 said:
Article 5

1. No consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justification for aggression.
2. A war of aggression is a crime against international peace. Aggression gives rise to international responsibility.
3. No territorial acquisition or special advantage resulting from aggression is or shall be recognized as lawful.​

SOURCE: 3314 (XXIX) Definition of Aggression

DECLARATION ON PRINCIPLES OF INTERNATIONAL LAW FRIENDLY RELATIONS AND CO-OPERATION AMONG STATES IN ACCORDANCE WITH THE CHARTER OF THE UNITED NATIONS OCT 1970 said:
The territory of a State shall not be the object of military occupation resulting from the use of force in contravention of the provisions of the Charter. The territory of a State shall not be the object of acquisition by another State resulting from the threat or use of force. No territorial acquisition resulting from the threat or use of force shall be recognized as legal.

SOURCE: Principles of International Law concerning Friendly Relations and Co-operation

Most Respectfully,
R
 
P F Tinmore, José, et al,

This is absoultely correct in 95% of the cases.


(COMMENT)
  • What does change?
SHORT TALE: In 722 BC -- the Assyrians conquer Israel. King Shalmanesser is dead and Sargon is now King. The entire population of Israel is converted from Israeli sovereignty to Assyrian sovereignty and deported (force transfer); most to the northeast into Assyria (Halah and Habor region); including the captured King Hoshea (the last King of Israel who dies in a Assyrian Prison).​

No, the entire population does not change every time, but the sovereignty does. There is change. One day you are under Israeli sovereignty, and the next day you are under Assyrian sovereignty. In the case of King Hoshea, everything changed. All Israeli lands and titles were forfeit and The Assyrian King Sargon repopulated the territory with refugees (another forced transfer) from other Assyrian conquests to the east [oddly enough, some of the refugees were Jewish (est 15%-25%)].

Most Respectfully,
R

No, the entire population does not change every time, but the sovereignty does.

That was true in the past. However, in the last hundred years or so, the people decided to live in a more civilized world. They assembled a body of law. Military conquest is no longer legal. Sovereignty can no longer be acquired at the point of a gun.

So when exactly was the cut-off date for military conquest being illegal--1945?

I don't know for sure. From what I understand, The UN does not create law. The UN does, however, refer to already existing law.

The UN elaborated on the right to self determination in its charter. However, the principals of self determination were also mentioned back in the League of Nations Covenant.

International law did not start with the creation of the UN.
 
P F Tinmore, et al,

Well, this is close; but, not quite right.

I don't know for sure. From what I understand, The UN does not create law. The UN does, however, refer to already existing law.

The UN elaborated on the right to self determination in its charter. However, the principals of self determination were also mentioned back in the League of Nations Covenant.

International law did not start with the creation of the UN.
(OBSERVATION)

Legal Information Institute - Cornell University said:
SOURCES OF INTERNATIONAL LAW

Customary law and conventional law are primary sources of international law. Customary international law results when states follow certain practices generally and consistently out of a sense of legal obligation. Recently the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may take any form that the contracting parties agree upon. Agreements may be made in respect to any matter except to the extent that the agreement conflicts with the rules of international law incorporating basic standards of international conduct or the obligations of a member state under the Charter of the United Nations. International agreements create law for the parties of the agreement. They may also lead to the creation of customary international law when they are intended for adherence generally and are in fact widely accepted. Customary law and law made by international agreement have equal authority as international law. Parties may assign higher priority to one of the sources by agreement. However, some rules of international law are recognized by international community as peremptory, permitting no derogation. Such rules can be changed or modified only by a subsequent peremptory norm of international law.

General principles common to systems of national law is a secondary source of international law. There are situations where neither conventional nor customary international law can be applicable. In this case a general principle may be invoked as a rule of international law because it is a general principle common to the major legal systems of the world and not inappropriate for international claims.

SOURCE: INTERNATIONAL LAW

Pritzker Legal Research Center Northwestern University said:
Sources of International Law

The generally recognized authoritative statement on the sources of international law is the Statute of the International Court of Justice (ICJ), Article 38, which specifies that the Court, in deciding disputes, shall apply:
  • international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
  • international custom, as evidence of a general practice accepted as law;
  • the general principles of law recognized by civilized nations;
  • subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

The first three of these--treaties, custom, and principles of law--are sometimes referred to by lawyers and librarians with a common law background as "primary sources" of international law. The last two--judicial decisions and the teachings of publicists--are sometimes referred to as "secondary sources" or evidence of international law rules.

Note that case law is considered only a "subsidiary means." Even the decisions of the ICJ itself do not create binding precedent.​

The decision of the Court has no binding force except between the parties and in respect of that particular case. (Article 59)

Note, also, that "teachings of publicists" now include the work of organizations such as the International Law Commission and private institutions.​

More recent discussions of the sources of international law, recognizing the growing role of international organizations, include the resolutions and other acts of international governmental organizations, such as the United Nations, as sources or evidence of international law.

SOURCE: Sources of International Law

(COMMENT - LAYMAN's PERSPECTIVE)

Much has been said in this thread, and others, about international law. But the truth is, that "international law" has more to do with an "act of commitment" than anything else. And that a commitment to the "Rule of Law" is something that must be demonstrated through act and deed. In the case of "primary sources" of law (treaties, custom, and principles of law), there must be a unilateral and free declaration of the state, through its "competent authority," that it commits itself to this "Rule of Law" which, going forward, governs the states behavior in international relations. This "competent authority" strikes an obligation to follow the Rule of Law itself, and sets the condition for other states to follow the Rule of Law in their relationships.

Primary Commitment to Sources of International Law
  • International treaties and conventions,
  • International custom (customary law),
  • The general principles of law recognized by civilized nations.

It is an open question if the State of Palestine (SoP) has a truly "competent authority" to make such a commitment on behalf of the the inhabitants of the State. And if SoP does have a competent authority to make such a commitment, --- has it demonstrated by act and deed, what the nature of that commitment has been and is now?

P F Tinmore suggests that the "Right of Self-Determination" existed before the UN Charter. And in concept, that is probably correct; but, in reality - they were not near universally embraced until International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 1966.

The United Nations INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS said:
PART 1 - Article 1
  • All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
  • All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
  • The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

SOURCE: General Assembly Resolution 2200 (XXI)

It is clearly the case that under the Palestine National Charter of 1968 and HAMAS Covenant of 1988 that the Palestinian People have not embraced the idea that "all people" have the same rights. Does this then negate the "right of self-determination" as a "Rule of Law?"

We don't know. It has never been tested. It may still be just a concept and principle; but not binding.

Secondly, if such international laws exist, or as P F Tinmore suggest - "already existing" - where are they written down and who universally recognized them on behalf of the people in the 21st Century?

Other than the League of Nations Coven, and the UN Charter (the successor to the League), and the derivative Resolutions and body opinions, where do "international laws" acquire recognition beyond that of the Primary Commitment (supra)?

Most Respectfully,
R
 
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