P F Tinmore, et al,
Your insistence that Israel (1948 State of) is somehow inside some territory boundary sovereign to the Palestinians is an example of just how far out of touch with reality the Hostile Arab Palestinians (HoAP) are; and how dangerous they have become to regional peace.
References:
How many ILLEGAL WEAPONS do they fire at Israeli citizens inside the borders of Israel contrary to the Declaration on Principles of International law concerning friendly relations and co-operation among states. An International law they signed to abide by and breached within seconds of making the agreement.
None.
(COMMENT)
There is no history or documentation anywhere that substantiates the premise that at anytime during the period of the Ottoman Empire taking control of the Levant
(from 1517) --- and the summary Declaration of Independence in 1988
(more than four centuries), did the Arab Palestinian have autonomy and control over the territory defined by the Allied Powers as Palestine --- the territory to which the Mandate applied. From a time before the end of the Mandate and the implementation of the Jewish State portion of the Partition Plan (1948), the HoAP have expressed the idea that Palestine belonged to the Palestinians; and have presented the idea a number of different ways.
As regards the Arab Higher Committee, the following telegraphic response was received by the Secretary-General on 19 January (1948):
“ARAB HIGHER COMMITTEE IS DETERMINED PERSIST IN REJECTION PARTITION AND IN REFUSAL RECOGNIZE UNO RESOLUTION THIS RESPECT AND ANYTHING DERIVING THEREFROM. FOR THESE REASONS IT IS UNABLE ACCEPT INVITATION” (1948)
Article 19: The partition of Palestine in 1947, and the establishment of the state of Israel are entirely illegal, regardless of the passage of time, because they were contrary to the will of the Palestinian people and its natural right in their homeland, and were inconsistent with the principles embodied in the Charter of the United Nations, particularly the right to self-determination. (1968)
Article 20: The Balfour Declaration, the Palestine Mandate, and everything that has been based on them, are deemed null and void. Claims of historical or religious ties of Jews with Palestine are incompatible with the facts of history and the conception of what constitutes statehood. Judaism, being a religion, is not an independent nationality. Nor do Jews constitute a single nation with an identity of their own; they are citizens of the states to which they belong. (1968)
In May 1948 and the same it true today, the Arab Higher Committee (AHC) stated substantially as follows:
"Arabs claim to have authority over all the area of Palestine as being the political representative of the overwhelming majority of the population. They regard Palestine a one unit. All forces that oppose majority wherever they may be are regarded as unlawful." (1948)
1. Palestine from the river to the sea, and from north to south, is a land of the Palestinian people and its homeland and its legitimate right, we may not a waiver an inch or any part thereof, no matter what the reasons and circumstances and pressures. (2013)
2. Palestine - all of Palestine - is a land of Islamic and Arab affiliation, a blessed sacred land, that has a major portion in the heart of every Arab and Muslim (2013)
3. No recognition of the legitimacy of the occupation whatever; this is a principled position, political and moral, and therefore do not recognize the legitimacy of the Israeli occupation of Palestine, and recognition of "Israel" and the legitimacy of its presence on any part of Palestine no matter how long; and it will not be long, God willing. (2013)
4. Liberation of Palestine is a national duty; it is the responsibility of the Palestinian people and the Arab and Islamic nation, it is also a humanitarian responsibility in accordance with the requirements of truth and justice. (2013)
The HoAP rebelled against the British Mandate and its policies of Jewish people with Palestine and to the grounds for reconstituting their national home in that country on what they considered their land; AND facilitating Jewish immigration by encouraging all those willing to assist in the establishment of the Jewish national home. The United Nations on the
29th November 1947 agreed upon a
'Partition Plan of Palestine' A/RES/181(II), which would divide Palestine into two independent States; one for the Jews and another for the Palestinians, while keeping Jerusalem under international administration, by declaring it a
'Corpus Separatum'. Even this is argued by the HoAP --- on the matter of implementation --- under the condition to which it went forward.
PAL/169 17 May 1948 ---
"During today's brief meeting, Dr. Eduardo Morgan (Panama) said that this resolution of the Assembly merely "relieves responsibility. The Commission has not been dissolved. In fact the resolution of last November 29
has been implemented."
Dr. Paul Diez de Medina (Bolivia) said that the Assembly last Friday did only two things. First, he said, "it appointed a mediator between the parties and that in itself is reaffirmation of partition." The second part of the reference to the Commission expressed appreciation for the work performed, and that, he said,
was also reaffirmation for partition."
- The view was also expressed that the two resolutions passed by the General Assembly on 14 May reaffirmed partition. The resolution calling for the appointment of a Mediator implied two parties, and two parties implied partition. Likewise, the other resolution, expressing appreciation of the General Assembly for the work performed by the Commission in pursuance of the mandate given to it last November, also could be interpreted as reaffirming partition. A/AC.21/SR.76 21 May 1948
It is often argued that when the Mandate Terminated, that somehow left the HoAP as the successors and entitled to claim sovereignty. While the reaffirmed Partition Plan
(which the Palestinian claimed "never happened") offered the HoAP
(who opened the civil war in 1947) the participation, the HoAP declined; until the notion was revived in 1988.
Moving forward to the outcomes of the 6-Day War issues, you will note that the Palestinians seem to always reflect upon UN Security Council Resolution 242 (1967) --- emphasizes “the inadmissibility of the acquisition of territory by war” and calls for the “withdrawal of Israel armed forces from territories occupied in the recent conflict.” And I say: Hmmmm.
President Johnson's speech of 19 June '67 --- announced the ideas which became Resolution 242 after four more months of heated debate in the Security Council, the General Assembly, and then the Security Council again. President Johnson's statement had several key points:
(1) It rejected proposals that Israel withdraw its forces to the Armistice Lines as they stood on 4 June. "This is not a prescription for peace," the President said, quoting Ambassador Arthur Goldberg, "but for a renewal of hostilities."
(2) There needed to be peace between the parties, real peace, before there could be any troop withdrawal.
(3) The agreements of peace needed to be negotiated by the parties.
(4) All the states in the region had the same right to have their territorial integrity and political independence respected; threats to end the life of any nation had become a burden to the peace.
(5) There needed to be justice for the refugees.
(6) Maritime rights through the international waterways of the area needed to be respected.
(7) The special interest of the three great religions represented in jerusalem needed also to be assured.
It is important to understand the language of diplomacy, and the intent of the authors. Here is a comment from Professor Eugene Rostow, who was the Under Secretary of State for Political Affairs (1966-1969), Professor Rostow was Chairman of the Interdepartmental Control Group charged with preparing, proposing, and carrying out US policy for the Middle East crisis of that period.
Recommended Citation: Professor Rostow, Eugene V.,
"The Drafting of Security Council Resolution 242: The Role of the Non-Regional Actors" (1993).
Faculty Yale Law School ---- Scholarship Series. Paper 1978.
The Drafting of Security Council Resolution 242 The Role of the Non-R by Eugene V. Rostow
Two of these issues proved to be especially critical in the diplomacy of obtaining the passage of the Resolution in 1967, and in the subsequent struggle to implement it: first, the issue of coupling Israeli withdrawals and agreements on a state of peace; and second, the question of how much withdrawal, i.e., whether Israel is required by Resolution 242 to withdraw to the Armistice Demarcation Lines of 1949. Since Resolution 242 calls on Israel to withdraw only from "territories occupied" in the course of the Six Day War, that is, not from all the territories or from the territories it occupied in the course of the War, and since most of the boundaries in question are no more than armistice lines specifically designated as not being political boundaries, it is hard to believe that professional diplomats seriously claim in 1993 that Security Council Resolution 242 requires that Israel must return to the 1967 armistice lines. This Arab position is particularly bizarre applied to the West Bank and the Gaza Strip, where the jewish people have an incontestably valid claim under the original mandate and Article 80 of the UN Charter to make close settlements on the land.
Five and one half months of vehement public and private diplomacy in 1967 made it perfectly clear what the missing definite article in Resolution 242 means. Ingeniously
drafted resolutions calling for withdrawal from all the territories were defeated in the Security Council and the General Assembly, one after another. Speaker after speaker made it explicit that Israel was not to be forced back to the fragile and vulnerable Armistice Demarcation Lines, but should retire once peace was made to what Resolution 242 called "secure and recognized" boundaries, agreed on by the parties. In negotiating such agreements, the parties should take into account, among other factors, security considerations, assured access to the international waterways of the region, a just settlement of the refugee problem, and, of course, their respective legal claims. In 1967, J. Lawrence Hargrove, the Director of the American Society of International Law, was Senior Adviser on International Law to the United States Mission to the United Nations. In testimony before a subcommittee of the House Committee on Foreign Affairs in 1971, he said:
"The language "from territories" was regarded at the time of the adoption of the resolution as of high consequence because the proposal put forward by those espousing the Egyptian cause was withdrawal from "the territories." In the somewhat minute debate which frequently characterizes the period before the adoption of a United Nations resolution, the article "the" was regarded of considerable significance because its inclusion would seem to imply withdrawal from all territories which Israel had not occupied prior to the June war, but was at the present time occupying.
Consequently, the omission of "the" was intended on our part, as I understood it at the time, and was understood on all sides, to leave open the possibility of modifications in the lines which were occupied as of June 4, 1967, in the final settlement."
Another Palestinian myth that needs to be set aside is the issue on the question:
Who was the aggressor in the 1967 War??? This becomes important because of the dogmatic concept by which that determination is made. It is usually made on the basis of The first use of armed force. In conventional terms (customary law) ---
prima facie evidence of an act of aggression is in the "first shot fired." 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. --- When the
Egyptian troops manned the guns controlling the Straits and announced that the
waterway was closed to Israeli shipping,
the first shot in the Six Day War was effectively fired. Thus the Arabs were the aggressors.
All together, the HoAP have very little footing for a real cause of action against Israel.
On what basis is the "Free Palestine" mantra professed that is not the same as that of the convicted criminal?
Most Respectfully,
R