Boss...
So, have a Jewish state.... I welcome it!
Just get the hell out of territory that was never constituted Israeli...
It's that simple....
Then and ONLY then can Israel become the victim...
If Israel pulled out of occupied territory and tried to live peacefully but was attacked by Hamas or whoever the I for one would support Israel all the way in retaliation!
The occupation is LEGAL as proclaimed by the ICJ, so why should Israel hand the Palestinians the means to mass murder tens of thousands by removing their defensive barrier. It is there because of the Palestinians inability to live peacefully and not engage in suicide bombing of Israeli children. You get the Palestinians to pledge no more attacks and mutual borders and Israel will leave the west bank to its own devices
Occupation is ILLEGAL under international law... Where did ICJ proclaim legality?
Israel will never remove its settlers from occupied territory, they would lose too much face!
When the UN made contact about a Judicial revue before going to the expense of having a full blown trial. The ICJ looked at the customary International law and the Geneva conventions and gave their verdict that the occupation was legal and within the framework of the Geneva conventions.
lets start with a preamble that sets the scene Judicially ,
Examination reveals how over the years UN General Assembly resolutions and the wording of resolutions by sub-committees moves from territories to occupied territories to Occupied Territories and Arab territories to occupied Palestinian territories to Occupied Palestinian Territory and occupied Palestinian territory, including Jerusalem:
Resolution 3236 (XXIX)9 passed in November 1974 speaks of the question of Palestine;
Resolution 38/5810 in December 1983 speaks of Arab territories and occupied territories;
Resolution 43/17611 passed in December 1988 expresses sentiments suggesting Palestinian entitlement speaking of the Palestinian people[s] right to exercise their sovereignty over their territory occupied since 1967;
Resolution 51/13312 passed in December 1996 adds Jerusalem in particular speaking of occupied Palestinian territory, including Jerusalem, and the occupied Syrian Golan;
Resolution 52/25013 passed in July 1998 fully assigns title speaking of Occupied Palestinian Territory, a designation that is frequently used in subsequent resolutions.
None of these terms have a legal foundation any more than declaring the world is flat makes it so. Yet, the International Court of Justice cites these terms as if they were legal documents, all in violation of the Courts Statute.
It should be noted that the coining of the term Occupied Palestinian Territory by the General Assembly, and all the more so its adoption by the International Court of Justice, is contrary to, and totally incompatible with, Article 12 of the UN Charter which states:
While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests [italics by author].
So the first thing we see is that the UN overstepped the mark and made illegal remarks contrary to its own charter.
International law allows for just wars and lawful occupation.
Resolutions 242 and 338 (discussed in Chapter 8) are the cornerstones for how a just and lasting peace should be achieved. The term Occupied Palestinian Territory does not appear in either, not even the term occupied territory. Resolution 242 affirms that:
fulfillment of the Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles: Withdrawal of Israeli armed forces from territories occupied in the recent conflict; Termination of all claims or states of belligerency and respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force.
UN Charter and Article 80.
International law, the UN Charter, and specifically Article 80 of the UN Charter implicitly recognize the Mandate for Palestine of the League of Nations. This Mandate granted Jews the irrevocable right to settle in the area of Palestine, anywhere between the Jordan River and the Mediterranean Sea. Rostow explains:
This right is protected by Article 80 of the United Nations Charter. The Mandates of the League of Nations have a special status in international law, considered to be trusts, indeed sacred trusts.
Under international law, neither Jordan nor the Palestinian Arab people of the West Bank and the Gaza Strip have a substantial claim to the sovereign possession of the occupied territories.22
It is interesting to learn how Article 80 made its way into the UN Charter. Professor Rostow recalls:
I am indebted to my learned friend Dr. Paul Riebenfeld, who has for many years been my mentor on the history of Zionism, for reminding me of some of the circumstances which led to the adoption of Article 80 of the Charter. Strong Jewish delegations representing differing political tendencies within Jewry attended the San Francisco Conference in 1945. Rabbi Stephen S. Wise, Peter Bergson, Eliahu Elath, Professors Ben-Zion Netanayu and A. S. Yehuda, and Harry Selden were among the Jewish representatives. Their mission was to protect the Jewish right of settlement in Palestine under the mandate against erosion in a world of ambitious states. Article 80 was the result of their efforts.
So there you have it under the UN charters Article 80 Israel is legally occupying the west bank and is legally building the settlements. So any problems take them up with the UN