RE: All About the Oslo Accords
SUBTOPIC: Indigenous People
ā»ā Sixties Fan, et al,
BLUF: Understanding the term āindigenousā
Considering the diversity of indigenous peoples, an official definition of āindigenousā has not been adopted by any UN system body. Instead, the system has developed a modern understanding of this term based on the following:
- Self- identification as indigenous peoples at the individual level and accepted by the community as their member.
- Historical continuity with pre-colonial and/or pre-settler societies
- Strong link to territories and surrounding natural resources
- Distinct social, economic or political systems
- Distinct language, culture and beliefs
- Form non-dominant groups of society
- Resolve to maintain and reproduce their ancestral environments and systems as distinctive peoples and
communities.
indigenous peoples, right of: After a protracted period of negotiation, on 7 September 2007, the General Assembly adopted (as Res. 61/295) the U.N. Declaration on the Rights of Indigenous Peoples which accords rights to indigenous peoples, without defining the term.
(COMMENT)
Even in the minds of most Israelis, identifying themselves as "Palestinians" is distasteful. Yet, ā
Part I - Offical Gazette 16 September 1925 pp 460 ⢠(excerpt) "AND WHEREAS it is desirable to regulate the grant and acquisition of Palestinian citizenship:"
(2) Any person over eighteen years of age who by virtue of this Article becomes a Palestinian citizen may within a period of two years from the 6th day of August, 1924, by declaration made as hereinafter provided state his option for Turkish nationality and subject to the provisions of this Article shall cease to be a Palestinian citizen :
The citizenship law comes in much more detail than this single sliver I present here ā but at the end of the day both the Jewish and the Arab fall under the same law. And that does not change until 15 May 1948. And while the Arabs may have a long continuous linage, they do not have a unique hold on citizenship. And that had a direct impact on who might be considered "indigenous."
Anecdote: I am a second-generation American. But I am just as much an American as my wife; who's linage goes back to a time well before the Civil War.
(COMMENT)
I'm not so sure about that. But there is no unique claim the Arab holds that is superior (in Law) to that held by the Jewish until the creation of Israel and the Right of Self-Determination. The relevance starts in 1925, a century ago. Now, the descendants of Arab Palestinians who have never held a residence in Israel are a much different story. The Israeli has a superior hold to holding relevant citizenship. The Arab Palestinian may claim to be "Palestinians," but that venue changed in May 1948. To claim to be "Palestinian" is not a problem until you point to a territorial-specific location.
ALL people born in the territory formerly under the Mandate for Palestine can claim to be "Palestinian." (Self-Identification)
Not all Palestinians have a claim to be "Israeli." That is especially true in the case of descendents who were not actually born in the confines of Israel.
(COMMENT)
I (strenuously) believe that you are correct.
Paragraph 2, Article 22 ā¢
Rome Statute of the International Criminal Court
The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
Paragraph 1, Article 24 ā¢
Rome Statute of the International Criminal Court
No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute.
Paragraph 1d, Article 31 ā¢
Rome Statute of the International Criminal Court
The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided
The ICC Rome Statute officially entered into force for Palestine in March 2015.
Most Respectfully,
R