reabhloideach,
et al,
In the original posting, there was a premise:
(Alice)WalkerÂ’s full letter (Excerpt) said:
Palestine, whose major 'crime' is that they exist in their own land, land that Israel wants to control as its own.
(QUESTION)
Are these two premises really true? Can it be said that the Arab Palestinian has committed absolutely no crimes and that Israel want to control these lands?
(COMMENT)
In every piece of good propaganda, there is some truth.
Clearly, it can be said that, in the beginning, if the original Zionists
(no meaning this in an ugly tone) did have a vision of an Israel much larger than it is today. Yes, there is some truth in this. It is fair to say, that the Jewish acceptance of the GA Resolution 181(II) did not meet the Jewish expectation; but, they accepted it anyway.
The Jewish accepted what the International Community offered as a solution. The Arab/Palestinian did not. The Jewish took the "peaceful" path, the Arab/Palestinian chose "war" as an alternative solution
[hence becoming the Hostile Arab/Palestinian (HoAP)].
Laws & Policies Pertaining to the Arab/Palestinian Choice for War said:
The strategy said:
To refrain from organizing, instigating, facilitating, participating in , financing, encouraging or tolerating terrorist activities and to take appropriate practical measures to ensure that our respective territories are not used for terrorist installations or training camps, or for the preparation or organization of terrorist acts intended to be committed against other States or their citizens.
SOURCE: Global Counter-Terrorism Strategy - UN Action to Counter Terrorism
Principles of International Law concerning Friendly Relations and Co-operation among States said:
1. Solemnly proclaims the following principles:
The principle that States 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
Every State has the duty to refrain in its 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. Such a threat or use of force constitutes a violation of international law and the Charter of the United Nations and shall never be employed as a means of settling international issues.
A war of aggression constitutes a crime against the peace, for which there is responsibility under international law.
In accordance with the purposes and principles of the United Nations, States have the duty to refrain from propaganda for wars of aggression.
Every State has the duty to refrain from the threat or use of force to violate the existing international boundaries of another State or as a means of solving international disputes, including territorial disputes and problems concerning frontiers of States.
SOURCE: Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations - Main Page
=UN A/RES/29/3314 (XXIX). Definition of Aggression said:
Article 1
Aggression is the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations, as set out in this Definition.
Explanatory note: In this Definition the term "State":
(a) Is used without prejudice to questions of recognition or to whether a State is a member of the United Nations;
(b) Includes the concept of a "group of States" where appropriate.
Article 2
The First use of armed force by a State in contravention of the Charter shall constitute prima facie evidence of an act of aggression although the Security Council may, in conformity with the Charter, conclude that a determination that an act of aggression has been committed would not be justified in the light of other relevant circumstances, including the fact that the acts concerned or their consequences are not of sufficient gravity.
Normally it would be hard to figure out who started what, when. But in this case it was easy.
The Question of Palestine and the United Nations said:
On 14 May 1948, Britain relinquished its Mandate over Palestine and disengaged its forces. On the same day, the Jewish Agency proclaimed the
establishment of the State of Israel on the territory allotted to it by the partition plan. Fierce hostilities immediately broke out between the Arab and Jewish communities. The next day, regular troops of the neighboring Arab States entered the territory to assist the Palestinian Arabs.
SOURCE: http://unispal.un.org/pdfs/DPI2499.pdf
In this case, it is clear that the neighboring military coalition of Arab States were already prepared for invasion
(evidenced by troop movements for more than a month prior). The entry of the neighboring military coalition of Arab States made Chapter VII (Article 51 - Self Defense) of the UN Charter applicable. The Hostile Arab/Palestinian (HoAP) does not deny this happened.
Even today, the HoAP talks of the confrontation lasting nearly 70 years. While the HoAP have lost some allies in that time, with very little support coming from any of the immediate neighboring Arab States, they have been successful in attaching themselves to the Islamic Republic of Iran
(on rocky ground since the Arab Spring began in Syria).
While the HoAP now tries to use International Protocols to suggest that only they have the right to self determination, there is no question that the codification of those rights, which the HoAP claim exclusively, were authored by the very same body that allotted to Israel territory by the partition plan
(which the Palestinians now recognize as legitimate) which triggered the conflict.
The occupation today, which admittedly is being very poorly administered by the Israelis, is a direct result of the outbreak of hostilities, and its continuation and amplification, over a Partition Plan which the Palestinians now accept as legitimate.
Letter dated 25 March 1999 from the Permanent Observer of Palestine to the United Nations addressed to the Secretary-General said:
For the Palestinian side, and since the strategic decision to forge a peace on the basis of coexistence,
resolution 181 (II) has become acceptable.
The resolution provides the legal basis for the existence of both the Jewish and the Arab States in Mandated Palestine. According to the resolution, Jerusalem should become a
corpus separatum, which the Palestinian side is willing to take into consideration and to reconcile with the Palestinian position that East Jerusalem is part of the Palestinian territory and the capital of the Palestinian State.
The Palestinian side adheres to international legitimacy and respects General Assembly resolution 181 (II), as well as Security Council resolution 242 (1967), the implementation of which is the aim of the current Middle East peace process.
(Signed) Nasser AL-KIDWA
Ambassador
Permanent Observer of
Palestine to the United Nations
SOURCE: A/53/879-S/1999/334 of 25 March 1999
(SIDEBAR)
It has been customary law that the defeated party, in any war, pay an indemnity or series of payments intended to cover the cost of defense, damages and injury inflicted upon the winner. Normally,
War Reparations can be in any form of value the parties agree upon; including goods, services, funds and the transfers of land for annexation.
(Example: At the end of the Spanish-American War, the US acquired the Philippines, Puerto Rico and Guam.)
What
War Reparations should the HoAP face, given the extraordinary period of asymmetric warfare, terrorism and conventional conflict? What would be fair for them to forfeit?
Most Respectfully,
R