montelatici,
et al,
You failed to read the resolution. It makes no difference if Palestine "declared" independence when the population is occupied and under alien domination, the resolution is clear that:
"Affirms the legitimacy of the struggle of peoples under colonial and alien domination"
Until the domination ends, the non-Jews are "entitled to the right of self-determination to restore to themselves that right by any means at their disposal;"
Besides, Article 51 of the UN Charter covers the non-Jew's right to self defense individually or collectively.
(GENERAL DISAGREEMENT)
I generally disagree that the Palestinians have any right to use "any means at their disposal" under General Assembly Resolution 2649 (XXV) (30 November 1970). It violates the basic Declaration of Principles and the basic objectives of the UN Charter.
(THE CONSEQUENCES)
If you invoke Chapter VII, Article 51 of the Charter,
(even if we overlook the questionable applicability and standing) then you are essentially stating that the dispute is a "war" over violation of international lines of demarcation
(1949 Armistice Lines) established by or pursuant to an international agreement to which it is otherwise bound to respect.
(Questionable Applicability and Standing)
- Today's State of Palestine was not then and is not now a Member of the United Nations. In 1967, the West Bank was not Palestinian Territory, but sovereign territory of Jordan. The State of Jordan was invaded and not Palestinian Territory.
- Impact of the Timeline:
- June 1967:
- Israel, after an artillery bombardment of Jerusalem and other Israeli cities along the Green Line; and after Jordan launched an infantry invasion of Jewish Jerusalem; Israel advances in defense to counter Jordanian offensive military action. West Bank is occupied Jordanian territory (oJt) by Israel.
- July 1988:
- King Hussein announced the severance of all administrative and legal ties with the occupied West Bank.
- November 1988:
- The Palestine National Council hereby declares the establishment of the State of Palestine in the land of Palestine with its capital at Jerusalem.
- October 1994:
- Israel-Jordan Treaty: Secure and recognized international boundary set between Israel and Jordan.
It would seem that Israel was NOT established inside Palestine, but the the State of Palestine was established inside the oJt, later the Israeli border internationally recognized by both Jordan and Israel through treaty.
Thus, if there is a "war" (a Chapter VII event under the Charter), it is a quasi-Civil War between the State of Israel and the people of the unincorporated West Bank
(people of the former oJt) ceded to Israel by Jordan. The consequence being that it is a domestic issue; outside international law. Clearly the Peace Treaty between Israel and Jordan have the boundary down the Jordan River and through the center of the Dead Sea.
Article 3 - International Boundary - Paragraph 5 said:
It is agreed that where the boundary follows a river, in the event of natural changes in the course of the flow of the river as described in Annex I (a), the boundary shall follow the new course of the flow. In the event of any other changes the boundary shall not be affected unless otherwise agreed.
One side of the boundary is Israel and the other side Jordan. Is that how you read it?
Most Respectfully,
R