P F Tinmore, et al,
I don't see the Arab-Palestinians as the defenders at all.
The threat of continuous conflict was made by the Arab Higher Committee (AHC) in early 1948.
P F Tinmore, et al,
The State of Israel holds
member status in the UN. (The UN accorded Palestine
non-member observer State status in the United Nations.)
Chapter VII --- Article 51 --- UN Charter
Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.
Phoenall, et al,
Normally, I would say that two "wrongs" don't make a "right."
(COMMENT)
But if the Palestinian standard is by "ALL NECESSARY MEANS AT THEIR DISPOSAL" --- then --- Israel should use that amount of force necessary to mitigate a HAMAS hostile activity, compel compliance in refraining from acts of war, to contain future activity, or to protect the Israeli sovereignty and citizenry from harm. The key is the assessment and comparison of the relationship between: The concrete and direct overall military advantage anticipated --- versus --- incidental loss of life or injury to civilians or damage to civilian objects. Remembering that "“utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations” constitutes a war crime in international armed conflicts."
Most Respectfully,
R
But if the Palestinian standard is by "ALL NECESSARY MEANS AT THEIR DISPOSAL" --- then --- Israel should use that amount of force necessary to mitigate a HAMAS hostile activity,...
No they shouldn't.
4. All armed action or repressive measures of all kinds directed against dependent peoples shall cease in order to enable them to exercise peacefully and freely their right to complete independence, and the integrity of their national territory shall be respected.
The United Nations and Decolonization - Declaration
(COMMENT)
The 1514 (XV) Resolution does not nullify the inherent right to self-defense when an aggressor fires on and attacks a member nation.
The Charter has legal standing; equivalent to a treaty.
General Assembly Resolution 1514 (XV) of 14 December 1960 United Nations and Decolonization, is a written motion that cannot progress into a law (inherently and explicitly non-binding). It records the sense of the General Assembly.
Most Respectfully,
R
OK, but the Palestinians are the defenders not the aggressors. How does your post fit that scenario?
(COMMENT)
It does not matter when you adjust the timeframe to. The
AHC essentially said:
- The Arabs of Palestine cannot recognize the Balfour Declaration, the Mandate of Palestine or any situation arising or derived therefrom.
- They consider that imposing international alien immigrants on their country by force is nothing but an act of aggression and invasion, whether made by Jews themselves, through Great Britain, or by the United Nations.
- The creation of any Jewish state in an Arab territory is more than invasion or aggression, it is something with no precedent in history. It is an act of wiping out the existence of an Arab country, violating its integrity, subjecting its land and people to foreign Jewish domination. “
The AHC essentially threaten:
- The Arabs of Palestine consider that any attempt by the Jews or any power group of powers to establish a Jewish state in Arab territory is an act of aggression which will be resisted in self-defense.
- The Arabs of Palestine made a solemn declaration before the United Nations, before God and history, that they will never submit or yield to any power going to Palestine to enforce partition. The only way to establish partition is first to wipe them out — man, woman and child.
The Arab Palestinian
(Enemy Population in post-WWI), disagreed with the decisions and outcomes in the post-War surrendered territory of the Ottoman Empire. In not getting what they wanted, by not cooperating with the Mandatory over the territory, and in rejecting nearly every compromise/overture the Mandatory made, the Arab-Palestinian opened a conflict.
The Jewish were encouraged to immigrate by the Government Palestine (the Mandatory). Nothing in the
Definition of Aggression, and in particular Article 3, could in any way prejudice the right to self-determination
(exercised by the Jewish in May 1948), freedom and independence
(having completed the steps preparatory to Independence), as derived from the Charter.
Most Respectfully,
R