RE: Abbas calls Israel a colonial project unrelated to Judaism
※→ P F Tinmore, et al,
Well, as you know, → over time, new laws are enacted → old laws are adjusted and reinterpreted. In some cases, exceptions to customary and contemporary legal views set new precedence.
Out of the can, pre-processed legal views being used by black'n'white minded executives attempting to be adjudicators in exceptionally difficult political-military (POL-MIL) situations → usually lead to errors in assessment and judgment. Attmepting to apply your canned legal soundbites are an example of such.
No external power has the authority to transfer or annex land defined by international borders.
No external power has the authority to denationalize or otherwise change the status of citizens inside a defined territory.
(a)Sovereignty and title in an occupied territory are not vested in the occupying power. The roots of this principle emanate from the principle of the inalienability of sovereignty through actual or threatened use of force. Under contemporary international law, and in view of the principle of self determination, sovereignty is vested in the population under occupation.
(b)The occupying power is entrusted with the management of public order and civil life in the territory under control. In view of the principle of self-determination, the people under occupation are the beneficiaries of this trust. The dispossession and subjugation of these people violate this trust.
(c)Occupation is temporary. It may be neither permanent nor indefinite.
https://scholarship.law.berkeley.ed...ferer=&httpsredir=1&article=1299&context=bjil
(COMMENT)
• Sovereignty and title in an occupied territory are not vested in the occupying power.
✪ ⇒ International law generally recognizes five modes of acquiring territorial sovereignty by a state. At the top of the list is "occupation." Whether of not the POL-MIL environment accepts the unilateral decision to recognize seized territory as annexed by another state ---- does not change the fact that the territory is seized and defended [reason immaterial (subject to another debate)].
• IF the insertion of the idea that "actual or threatened use of force" had relevance, THEN the debate should be over.
✪ ⇒ On the termination of the Mandate, the slate was clean. The intervention by Arab League Military assets (1948), with emphasis (Jordan and Egypt), was the "use of force" trigger. Similarly, in 1967, the massing of Arab League military assets on the frontier after the UNEF was ordered to withdraw was a "demonstrated threat" as the trigger.
• The "right to self-determination" is not a trigger. While it is a "right" it is a question of "
claim rights and
liberty rights." Claim Rights places an obligation, duty or responsibility on other parties.
Liberty Rights are a type of permission or freedom that places no obligation on any other Party.
✪ ⇒ Self-Determination is a permission and freedom in the simplest view. But in the in-depth view, the right to self-determination has become extremely complex issue in terms of reference attached to foreign diplomacy and the international politics at large. In the post–World War II era, the policy of the Western Allied Powers steadfastly defended the inviolability of existing nation-states’ borders, regardless of how and when
they were determined. In this case, Israel is opposite the entire Arab Middle East. But while the Part II of the Partition Plan, the Arab Palestinians rejected the Partition and the stream of events lead to the effective control over the Gaza Strip and West Bank in the Six-Day War.
• Occupation is temporary.
✪ ⇒ Yes, that is easy to say. But an Occupation does not have an "expiration date" or a "withdraw by date."
Nothing about this is quantifiable in the way of an exact science. It is military environment that is constantly changing, a political environment which is continuously evolving, and a disparate economic impact with a fragmented population without direction.
Customary Law pertaining to "annexation" is very spotted at best. There have been a half dozen cases of unilateral annexation in the century.
Most Respectfully,
R