P F Tinmore, Phoenall, et al,
The question of: "What legal procedure?"
You ask about "legal vs illegal" quite often. Yet you have no idea what the question implies.
A stipulation to an "illegal procedure" --- implies --- that there is a "legal procedure;" and vice-versa. We might say that, in layman's terms, rules of international law that govern the acquisition of
sovereignty over territory. This is very different from the pro-Palestinian advocacy that sovereignty is inherited and passed on from one generation of inhabitants to the next. In the means of
Acquisition of Territorial Sovereignty, as previously discussed several times, we've noted that there are five, very common and understood modes; of which, the use of Armed Force (conquest) was considered no longer considered internationally legal ---
UN Charter Article 2(4). And of the five traditional modes of acquisition of territory, "conquest" is the most relevant.
The pro-Palestinians movements generally point to Article 22 of the League of Nations Covenant, where they claim that by agreement between the member nations and Allied Powers
(and not a contract or promise involving the Arab Palestinians as a party), the inhabitants have some generational claim to the sovereignty. However, the only record of passing the Title and Rights of the territories was that of
“Cession" (one of the five modes) wherein the transfer of territory, from one state to another, was accomplished through the
Treaty of Lausanne (Article 16).
The Pro-Palestinian armed jihad renders the opinion that all rights and title to the territory ARE self-evident, because they were inhabitants. Nowhere in the Middle East is this the case. The Nations of Lebanon, Syria, Iraq, Jordan and Egypt were granted sovereignty and independence on the basis of some other criteria.
• Lebanon: 22 November 1943 (from League of Nations mandate under French administration)
• Syria: 17 April 1946 (from League of Nations mandate under French administration)
• Iraq:
√ 3 October 1932 (from League of Nations mandate under British administration);
√ 28 June 2004 (Coalition Provisional Authority transferred sovereignty to the Iraqi Interim Government)
• Jordan: 25 May 1946 (from League of Nations mandate under British administration)
• Egypt:
√ 28 February 1922 (from UK protectorate status)
√ 23 July 1952 (The revolution forming the Republic)
√ 18 June 1956 (British troops withdrawn on 18 June 1956)
The Jews followed the rules and declared independence on May 15 1948,
Did they? What was Israel's legal procedure to acquire the land it sits on?
(COMMENT)
In the case of Israel, the Jewish Immigrants followed the Steps Preparatory to Independence adopted by the UN General Assembly.
In the last 100 years, a plethora of new sovereignties have arose: nearly all of which as an outcome of some major conflict:
- Finland
- Austria
- Czechoslovakia
- Yugoslavia
- Poland
- Hungary
- Latvia
- Lithuania
- Estonia
- Bosnia
- Herzegovina
Relative to the concept of "conquest" -- the actual prohibition reads:
All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
As you can follow, it is not a prohibition of "conquest;" but, has several components:
• Prohibits the threat of forces
• Prohibits The use of force
• Prohibits The violation of territorial integrity,
• Prohibits interference in domestic independence,
• Prohibits the contamination of international peace and security, and justice,
This is actually a prohibition against the use of aggression to acquire sovereign territory. Formally, the acts of aggression began with the attempts by the Arab League to extend their control and governance over the territory formerly under the Mandate.
Most Respectfully,
R