P F Tinmore, et al,
Yeah, I've seen this all before.
I'll make a couple of points and then let is go.
In this regard, the Plan provided that: “States whose nationals have in the past enjoyed in Palestine the privileges and immunities of foreigners, including the benefits of consular jurisdiction and protection, as formerly enjoyed by capitulation or usage in the Ottoman Empire, are invited to renounce any right pertaining to them to there-establishment of such privileges and immunities in the proposed Arab and Jewish States and the City of Jerusalem”.
As the United Nations Partition Plan was never implemented,...
https://doc.rero.ch/record/9065/files/these.pdf
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The "International Law Foundation is NOT a court. "It is a 21st Century creation --- a "nongovernmental organization (NGO) that assists post-conflict and transitional countries in establishing public defender systems that provide effective, quality criminal defense services for the poor."
Although it sounds very official, it has no legal standing what so ever.
GARes181 never went to the Security Council for approval, therefore, it remained as a 'recommendation'.
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I don't think I claimed that it was, or ever needed, UN Security Council Approval. However, that does not change the question to the argument : Did it exist? AND it does not change the fact that the Jewish Agency and the Provisional Government, still followed the the official "
RESOLUTION ADOPTED ON THE REPORT OF THE AD HOC COMMITTEE ON 'THE PALESTINIAN QUESTION."
The reason why the
General Assembly Resolution 181 never went to the Security Council for consideration was because it implied that if it were to be approved by the Security Council, then it would require military force to implement it, considering the Zionist position at that time.
UN Resolution 181 - 1948
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This is just so wrong on so may levels. But needless to say, the Successor Government (the UN Palestine Commission) operated on the adopted set of rules.
14. The Commission shall be guided in its activities by the recommendations of the General Assembly and by such instructions as the Security Council May consider necessary to issue. The measures taken by the Commission, within the recommendations of the General Assembly,shall become immèdiately effective unless the Commission has previously received contrary instructions from the Security Council. The Commission shall render periodic monthly progress reports, or more frequently if desirable, ta the Security Council.
15. The Commission shaIl make its final report ta the next regular session of the General Assembly and to the Security Council simultaneously.
As long as the Provisional Israeli Government followed and declared independence according to the Recommended and Adopted Steps Preparatory to Independence, it is what it is. In the absence of guidance to the contrary --- from the Security Council to the Successor Government (UNPC) --- the Declaration of Independence followed the UN Guidance Recommended by the General Assembly. No where in the Resolution does the Resolution have to go to the security Council for approval. It says:
The measures taken by the Commission, within the recommendations of the General Assembly, shall become immediately effective unless the Commission has previously received contrary instructions from the Security Council.
Resolution 181 has no legal ramifications
that is, Resolution 181 recognized the Jewish right to statehood, but its validity as a potentially legal and binding document was never consummated. Like the proposals that preceded it, Resolution 181‟s validity hinged on acceptance by both parties of the General Assembly‟s recommendation.
Some thought the Partition plan could be revived, but by the end of the war, Resolution 181 had become a moot issue...
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A recommendation does not need to be "consummated." I've heard you say that before, but that that is nowhere in the Charter. No General Assembly recommendation by Resolution needs anything more. Just as it is if you give someone advise or a recommendation. It doesn't need any other approval.
The pro-Palestinians have no coherent voice with one platform or political position. And like may issues, this understanding of the importance of GA/RES/181(II) is no exception. Arab Palestinians have this tendency to shift or change positions whenever and where ever it best suits them. Just as I have shown here where the official Palestinian position is one thing, you of course, have to find some NGO that states something else. It is what it is. Just remember:
You can't alter the history that the Arab Higher Committee rejected the Resolution and then threaten to use force to achieve what they could not achieve in diplomacy.
You cannot roll back the clock and reword either:
• The 1948 Declaration of Israeli Independence using the recommendation of Resolution 181(II).
• The 1988 Declaration of Independence used by the PLO an stating:
∆∆ Despite the historical injustice inflicted on the Palestinian Arab people resulting in their dispersion and depriving them of their right to self-determination, following upon UN General Assembly Resolution 181 (1947), which partitioned Palestine into two states, one Arab, one Jewish, yet it is this Resolution that still provides those conditions of international legitimacy that ensure the right of the Palestinian Arab people to sovereignty.
• You cannot erase Palestinian Position in 1999 that "The Palestinian side adheres to international legitimacy and respects General Assembly resolution 181 (II)."
Now, there is no doubt that the complete intent of the Resolution was not achieved. But that is not for the lack of the Israeli's trying. The failure to achieve all the desired outcomes of the Resolution was a direct result Arab League trying (and failing) to alter the right of the Israelis to implement the right of self-determination
(which did not then --- and --- does not now require Security Council approval). All people, not just the Arab Palestinians --- BUT --- all people have the right to self-determination.
Most Respectfully,
R