RE:
All The News Anti-Palestinian Posters Will Not Read Or Discuss
⁜→ P F Tinmore, et al,
BLUF: I think this is a case of very shallow thought.
Effective control is a term defining occupation.
(COMMENT)
Actually, "occupation" includes the necessary condition of "Effective Control." But not all situations involving "Effective Control" are an "occupation." "Effective Control" is not unique to an "Occupation."
It is correct to say that once territory comes under the "effective control" of a "
foreign armed forces" (
Article 42, HR) the laws on occupation are applicable. It is also correct to say that Israel is is bound by the Law of Occupation (
Article 43, HR) wherever it exercises effective control within the territory of formerly under the sovereign control of the Hashemite Kingdom, without the consent of the Jordanian State.
Now, the conditions arise:
◈ The West Bank and Jerusalem were, between 1950 and 1967, Jordanian sovereign territory. It does not matter if the International Community recognizes or not. The Law under the Convention on Rights and Duties of States says:
✦ The political existence of the state is independent of recognition by the other states.
✦ The jurisdiction of states within the limits of national territory applies to all the inhabitants.
◈ Now, between 1967 and the end of July 1988, the West Bank and Jerusalem was under the Occupation of a foreign Army, namely Israel. But on 31 July 1988, the King of Jordan officially declared a
Disengagement from the West Bank.
◈ Once the Hashemite Kingdom abandon the territory, the Israeli Occupation was over the ground transitioned to terra nullius. And then the effective control over the territory by Israel is an occupation over a territory that was — a territory belonging to no-one—at the time of the act alleged to constitute the “occupation.” From the cessation of hostilities in 1967 until the Disengagement in 1988, the status over the territory was peaceful. The transition from Sovereign Jordanian territory to terra nullius was seamless; without any conflict.
◈ At the time of terra nullius, there was no opposing government to the staus and there was no Arab Palestinian Government in place. In fact, the Palestinian Liberation Organization (PLO) had not even Declared Independence.
A question on the table is: If the Abbas announcement that the Oslo Accords are terminated, does that affect the status of the Palestinian Claim to be a State?
FOOTNOTE.......................................
The expression “ terra nullius ” was a legal term of art employed in connection with “occupation” as one of the accepted legal methods of acquiring sovereignty over territory. “Occupation” being legally an original means of peacefully acquiring sovereignty over territory otherwise than by cession or succession, it was a cardinal condition of a valid “occupation” that the territory should be terra nullius— a territory belonging to no-one—at the time of the act alleged to constitute the “occupation” [EXCERPT:
Parry & Grant Encyclopaedic Dictionary of International Law pp 595 3d Ed (2009) Oxford University Press]
Most Respectfully,
R