International Law and Palestinian Independence

Discussion in 'Israel and Palestine' started by P F Tinmore, Nov 10, 2011.

  1. P F Tinmore
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    P F Tinmore Platinum Member

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    As the UN General Assembly lacks the power to do more than make recommendations, the starting point for Palestinian statehood or independence is not UN General Assembly Resolution 181 which recommended that two states be created on Palestinian territory. Instead it is the right to self-determination that the Palestinian people have as the indigenous people of Palestine. This right is perhaps the most notable human right in the United Nations. It is the only human right expressly recognised in the Charter of the United Nations, where articles 1, 55, and 73 acknowledge it. The right to self-determination is an essential — the most essential for many states — part of customary international law and has been declared one of the most basic principles of customary international law by the UN General Assembly’s Declaration on the Principles of International Law concerning the Friendly Relations and Cooperation among States.

    The right to self-determination has been explicitly recognised as applicable to the situation of the Palestinian people by the UN General Assembly for more than 30 years. To this end it established the Committee on the Exercise of the Inalienable Rights of the Palestinian People in 1975 to work towards the realisation of this right. This right provides all peoples, including the Palestinian people, the right to determine their own future. It is a right that Israelis did not enjoy in Palestinian territory when they unilaterally declared their state in violation of Palestinians’ right to self-determination. The Palestinian right to self-determination pre-existed any effort by Israel to occupy Palestinian lands. It is a right that all Palestinians are entitled to exercise according to international law since at least the 1920s. It is thus a right that is enjoyed over all of the territory over which the British Mandate was approved by the League of Nations in 1922.

    JURIST - Forum: International Law and Palestinian Independence: A View from Palestine
     
  2. docmauser1
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    docmauser1 Gold Member

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    Oh! Curtis Doebbler of An-Najah National University Faculty of Law in Nablus (stolen jewish Schehem, bth.)! What university did he get kicked out before landing in palistan?
     
  3. theliq
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    theliq Gold Member

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    The MORON from AMERISTAN poor old Doc,has stan on his mind,please pity the poor SOD:clap2::clap2::cool:
     
  4. docmauser1
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    docmauser1 Gold Member

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    Drivel.
    [/QUOTE]
     
  5. Ropey
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    Ropey To Life! Gold Supporting Member Supporting Member

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    57 Muslim countries in the UN block can't force through their racist ideology as strongly as they wish? :thup:

    These countries don't even vote with the General Assembly. They need their own assembly so that they do not mingle with the unbelievers.

    :lmao:
     
  6. JStone
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    JStone BANNED

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    Jose Marie Aznar, Former Prime Minister of Spain, Friends of Israel: No Legal Basis For Palestinian State.

    The unilateral declaration of a Palestinian state, and its international recognition, would be a huge mistake. A peace agreement between Israelis and Palestinians is essential, but it can only be achieved through honest negotiations –not by any party imposing a unilateral decision. Over the past two years, the Palestinian Authority has refused to sit at the negotiating table with the Israeli government, hiding behind the excuse of Israeli construction work on a few West Bank settlements. At the same time, however, it has been negotiating the creation of a national unity government with Hamas, a terrorist group whose stated aim is the elimination of Israel.

    The unilateral declaration of Palestinian statehood is also a clumsily concealed de-legitimization device. Serious Palestinians know very well that they do not meet the internal and external requirements to become a viable state, much less to become a new UN member-state with all its attendant obligations. Their objective is different: the unilateral declaration is, in reality, simply another tactic in a broader strategy of embarrassing and then de-legitimizing the State of Israel.

    There is no historical, institutional or legal basis on which to recognize a Palestinian state today, except as a kind of “virtual state,” which exists in some fashion in the imaginations of various parties but which has no tether to reality. In the West Bank, Palestinians crucially depend on Israeli cooperation to function. Other more modern aspects of statehood, such as respect for human rights, freedom and a functioning democracy - all of which are required of other countries seeking recognition - are sadly lacking in the Palestinian case.

    A declaration of Palestinian statehood by the United Nations General Assembly will be an act of political manoeuvring that will only make it even more difficult to find a solution. Unilateral action will have unforeseeable consequences, so the only true way forward is through a bilateral agreement. This is not the time for destructive gestures: it is time to encourage everyone to sit down and negotiate, face to face, with no pre-conditions other than mutual and unequivocal recognition.

    There cannot be two states, living in peace side by side, unless Palestinians accept that Israel is the nation-state of the Jewish people and the Israelis accept that the Palestinian State will be the state for the Palestinian people. Absent that basis, no genuine progress will be made.

    The government in Jerusalem has said on numerous occasions that it is ready to talk. Now is the moment of truth for the Palestinians. They must choose negotiation, with all that negotiating entails, including concessions by both parties.

    The alternative is for the representatives of the Palestinian people to continue demonizing their only possible negotiating partner, while expecting the international community to tilt the scales in their own favour. But blackmail will lead to disaster. Negotiations must be conducted in good faith and not as a means of exerting various forms of international pressure.

    It is time for the international community, starting with the UN, to say that the time for game-playing and wishful thinking is past. Serious negotiations can only be conducted by Israelis and Palestinians themselves, no matter how much help or goodwill is provided from the outside. A unilaterally declared Palestinian State, which is not the product of bilateral negotiations, is a demand that Israel accept the unacceptable.

    Diplomacy demands, above all, negotiation and agreement, not unilateral demands imposed with contempt.

    We all have a sincere desire to see a Palestinian state alongside the State of Israel, living in a lasting and stable peace. We therefore call on all leaders of the European Union and the Western world to reject unequivocally the current position of the Palestinian Authority. We urge the Palestinians to see that the only way they can have their own State is through an agreement with the Israelis. No other options should be supported by the international community. Only sincere dialogue and the unconditional recognition of each side by the other can be the basis for renewed negotiations. Only sincere dialogue and the unconditional recognition of each side by the other can set the foundations of a viable Palestinian state in the near future.

    How not to have a Palestinian state - Israel Opinion, Ynetnews
     
    Last edited: Nov 12, 2011
  7. AmericanFirst
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    AmericanFirst Gold Member

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    There is no palestinian territory.
     

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