RE: Palestine Today
※→ P F Tinmore, et al,
Well, this is what many people hope the interpretation will be. IF it is true, and Israel is inside a single set borders composed of by both Israelis and Arab Palestinians, THEN there will be some broad implications:
However, there is the argument that since the Allied Powers held the authority to define "Palestine" --- within such boundaries as may be fixed by them --- that in on 15 May 1948, the Successor Government became the UN Palestine Commission (UNPC) --- and that the Declaration of Independence by Israel was coordinated by the Jewish Agency with the UNPC, --- that in point of fact, the recognition of the State of Israel was a proper delineation of territory just the same as the Hashemite Kingdom off Jordan.
While it is true to say that Israel and Jordan were both once held within the territory formerly under the Mandate of Palestine, there came a point at which they were released from that status.
Most Respectfully,
R
※→ P F Tinmore, et al,
Well, this is what many people hope the interpretation will be. IF it is true, and Israel is inside a single set borders composed of by both Israelis and Arab Palestinians, THEN there will be some broad implications:
•→ The entire conflict between (strictly) the Arab Palestinians and the Israelis will be a civil war (Jewish Palestinians against Arab Palestinians).
•→ The civil war and the area/territory controlled by either side is not an occupation; since both sides of the conflict consisted of Palestinians having the same citizenship (under the 1925 Citizenship Law). Occupation may be defined as the effective of a foreign territory by hostile armed forces. This is a case where NO foreign military presence exists. (Footnote #1, Page #7, ICRC Occupation and The Forms of Administration of Foreign Territory)
• Hague Regulation (1907) Article 42: Territory is considered occupied when it is actually placed under the authority of the hostile army.
The occupation extends only to the territory where such authority has been established and can be exercised.
•→ The civil war and the area/territory controlled by either side is not an occupation; since both sides of the conflict consisted of Palestinians having the same citizenship (under the 1925 Citizenship Law). Occupation may be defined as the effective of a foreign territory by hostile armed forces. This is a case where NO foreign military presence exists. (Footnote #1, Page #7, ICRC Occupation and The Forms of Administration of Foreign Territory)
• Hague Regulation (1907) Article 42: Territory is considered occupied when it is actually placed under the authority of the hostile army.
The occupation extends only to the territory where such authority has been established and can be exercised.
(COMMENT)There is no dispute. Israel has been sitting inside Palestine since 1948.•→ Every State has the duty to refrain from the threat or use of force to violate the existing international boundaries of another State or as a means of solving international disputes, including territorial disputes and problems concerning frontiers of States.
However, there is the argument that since the Allied Powers held the authority to define "Palestine" --- within such boundaries as may be fixed by them --- that in on 15 May 1948, the Successor Government became the UN Palestine Commission (UNPC) --- and that the Declaration of Independence by Israel was coordinated by the Jewish Agency with the UNPC, --- that in point of fact, the recognition of the State of Israel was a proper delineation of territory just the same as the Hashemite Kingdom off Jordan.
While it is true to say that Israel and Jordan were both once held within the territory formerly under the Mandate of Palestine, there came a point at which they were released from that status.
Most Respectfully,
R