P F Tinmore, et al,
These few rules don't really give much to the Palestinians.
P F Tinmore,
et al,
You are way off course. The
General Assembly resolution 1514 (XV) of 14 December 1960 on Granting of Independence to Colonial Countries and Peoples has no applicability here at all.
I don't see a dispute.
Your Article 68 references enforcement of law (police not a military action) in a proper occupation. The laws of occupation have obligations and restrictions. Israel violates virtually all of those obligations and restrictions. Its actions can more accurately be defined as colonialism. Under that definition all of Israel's actions are illegal.
Under that definition the remainder of your post would not be applicable.
(COMMENT)
The Settlements are covered under the Oslo Accords and subject to the dispute resolution process therein. The State of Palestine was established by the Palestine Liberation Organization and recognized as being within the boundaries of the territories occupied as of 1967.
"The Security Council, the General Assembly and the Commission on Human Rights have also repeatedly reaffirmed the de jure applicability to the occupied Palestinian territories of the 1949 Fourth Geneva Convention relative to the Protection of Civilians in Time of War." What more needs to be said?
This is all just recent politics that have no bearing on the roots of the problem.
Now there is an argument to be made in drawing a clear distinction between the case of “aggressive conquest” and territorial disputes that arise after a war of "self-defense." But neither outcome would amount to colonial assumptions.
Most Respectfully,
R
It was definitely an aggressive conquest. There is no question about it.
The concept that Israel "defended itself" from the native population on their own land is too friggin bizarre for me to entertain particularly since the native population were civilians without an army.
Who gave them the land then, and were is the treaty agreed with the population and signed by their representative accepting the land ?
The Palestinians were given Palestine as a function of international law.
Article 17. Granting of the nationality of the successor State and
withdrawal of the nationality of the predecessor State
When part of the territory of a State is transferred by that State to another State, the successor State shall grant its nationality to the persons concerned who have their habitual residence in the transferred territory and the predecessor State shall withdraw its nationality from such persons, unless otherwise indicated by the exercise of the right of option which all such persons shall be granted.
http://legal.un.org/ilc/documentation/english/a_cn4_480_and_add1.pdf
This was echoed in the Treaty of Lausanne.
SECTION II .
NATIONALITY.
ARTICLE 30.
Turkish subjects habitually resident in territory which in accordance with the provisions of the present Treaty is detached from Turkey will become ipsofacto, in the conditions laid down by the local law, nationals of the State to which such territory is transferred.
Treaty of Lausanne - World War I Document Archive
The Palestinians have rights inside their defined territory.
The right to self determination without external interference.
The right to independence and sovereignty.
The right to territorial integrity.
(COMMENT)
The territory under consideration
(later to be known as "The Mandate of Palestine") was transferred to the Allied Powers; not the people of Palestine. The "Successor Governments" were determined by the "Allied Powers" via the League of Nations and the subsequence United Nations. For the purposes of the 1924 Treaty of Lausanne, the issues of "Nationality" were actually addressed and predate the Treaty, in the
"The Palestine Order in Council, 1922." As the territorial Mandate of Palestine was not mentioned in the Treaty, and no conflicts arise from the treaty, nothing in the treaty
(having be written by the very same Allied Powers) grants the Palestinians anything not addressed by the Allied Powers; it changes nothing.
- The Allied Powers defined the territory. The Palestinians did NOT define the territory. Therefore, there is a conflict in the reasoning that the "Palestinians have rights inside their defined territory" - when --- if point of fact --- it was a territory defined by the Allied Powers.
- The dual rights of "independence and sovereignty" --- and --- "self determination without external interference" were exercised once in 1950 (when the Palestinians of the West Bank ascended to Jordanian sovereignty) and again in 1988 (when declared independence).
- The right to territorial integrity is undefined, as they have not formally established a Treaty with any other sovereign nation on the matter of permanent international boundaries. The recognition of the State of Palestine is provisionally based on the demarcation lines by the UN in the Affirmation in the need to enable the Palestinian people to exercise their sovereignty over their territory occupied since 1967.
The foregoing addresses your four points. But it must be clear that nothing in the Declaration of Human Rights (
A/RES/3/217 A - 1948) may be interpreted as implying that the Palestinian has any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms of the Israeli people.
Key Facts as summarized by the PLO Negotiations Affairs Department (NAD)(Sole Representative of the Palestinian People) said:
- The 1967 border is the internationally-recognized border between Israel and the oPt.
- A basic principle of international law is that no state may acquire territory by force. Israel has no valid claim to any part of the territory it occupied in 1967.
- The international community does not recognize Israeli sovereignty over any part of the oPt, including East Jerusalem.
SOURCE: Borders --- PLO Negotiations Affairs Department (NAD)
And I believe that you have consistently failed to recognize the evolution of the current dispute, and the focus of the differences. You cannot keep rolling back the clock to a time of your choosing. You have to deal within the parameters of the here and now; not what might have been or should have been. Any settlement of the disputes has to be in a much more real and recent context.
Most Respectfully,
R