- Dec 6, 2009
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P F Tinmore, et al,
Yes, well --- actually it is recognized by both Hashemite Kingdom AND Israel.
(COMMENT)A. The boundary Line shall follow the middle of the main course of the flow of the Jordan and Yarmouk Rivers.
It is interesting that Israel claims the border of occupied Palestinian territory as theirs.
The context of what is a violation, in terms of Occupation Law, hinges on if Israel is considered a true Occupation Force; or the status of Palestine.
For instance, which "state" is claiming to be Occupied? Or does it matter?
Territory is regarded as occupied when, as the consequence of invasion by hostile forces, the State to which it belongs has ceased, in fact, to exercise its ordinary authority therein, and the invading State is alone in a position to maintain order there. The limits within which this state of affairs exists determine the extent and duration of the occupation.
SOURCE: International Humanitarian Law - Oxford Manual 1880
Remember:
State Parties - Protocol Additional to the Geneva Conventions of 12 August 1949 said:Palestine : On 21 June 1989, the Swiss Federal Department of Foreign Affairs received a letter from the Permanent Observer of Palestine to the United Nations Office at Geneva informing the Swiss Federal Council "that the Executive Committee of the Palestine Liberation Organization, entrusted with the functions of the Government of the State of Palestine by decision of the Palestine National Council, decided, on 4 May 1989, to adhere to the Four Geneva Conventions of 12 August 1949 and the two Protocols additional thereto".
On 13 September 1989, the Swiss Federal Council informed the States that it was not in a position to decide whether the letter constituted an instrument of accession, "due to the uncertainty within the international community as to the existence or non-existence of a State of Palestine".
SOURCE: International Humanitarian Law - State Parties / Signatories
This is why we need to exercise the legal remedies that have to be tested. There are just a plethora of questions that need to be resolved.
Most Respectfully,
R
The Treaty of Versailles (1920) provisionally recognized the former Ottoman communities as independent nations. It also required Germany to recognize the disposition of the former Ottoman territories and to recognize the new states laid down within their boundaries. The Treaty of Lausanne required the newly created states that acquired the territory to pay annuities on the Ottoman public debt, and to assume responsibility for the administration of concessions that had been granted by the Ottomans. A dispute regarding the status of the territories was settled by an Arbitrator appointed by the Council of the League of Nations. It was decided that Palestine and Transjordan were newly created states according to the terms of the applicable post-war treaties. In its Judgment No. 5, The Mavrommatis Palestine Concessions, the Permanent Court of International Justice also decided that Palestine was responsible as the successor state for concessions granted by Ottoman authorities. The Courts of Palestine and Great Britain decided that title to the properties shown on the Ottoman Civil list had been ceded to the government of Palestine as an allied successor state.
State of Palestine - Wikipedia, the free encyclopedia