P F Tinmore,
et al,
(POINT of CLARIFICATION)
Whereas the The Covenant of the League of Nations (LONs - 1924)(now the UN) is international law binding to all members of the LONs (UN), the Montevideo Convention (1933) is international law binding to the limited signatories:
- United States,
- Argentina,
- Brazil,
- Chile,
- Colombia,
- Cuba, the
- Dominican Republic,
- Ecuador,
- El Salvador,
- Guatemala,
- Haiti,
- Honduras,
- Mexico,
- Nicaragua,
- Panama,
- Paraguay,
- Peru,
- Uruguay,
- Venezuela
The commonality among these nations is that they are all in either North, Central or South America. The law is internationally binding between these selected nations. It is not universal law. If it were, it would be that much more against the Arab/Palestinian insurgency in the right to self-determination by the Jewish Palestinians that created Israel.
(As much as these nations would like to impose international law on the rest of the world, they actually cannot.)
(THE QUOTATION)
"The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence,..."
Citations
(supra) from a Pan-American convention, while a nice research piece, has little or no relevance to the activity under discussion pertaining to the Middle East and the Recognition of Palestine.
Not true.
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Montevideo Convention, in full Montevideo Convention on the Rights and Duties of States, agreement signed at Montevideo, Uruguay, on December 26, 1933 (and entering into force the following year),
that established the standard definition of a state under international law.
Montevideo Convention (international agreement [1933]) -- Britannica Online Encyclopedia
You forgot to mention the context of the International Law; being between the attendees of the Convention. But, I will grant you, that it is interesting legal precedence. It is Pan-American Law. I even agree with the principles cited.
The League of Nations Covanent recognized the rights of the people of the place to self determination.
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ARTICLE 22.
To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are
inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that
the well-being and development of such peoples form a sacred trust of civilisation and that securities for the performance of this trust should be embodied in this Covenant.
Avalon Project - The Covenant of the League of Nations
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The right to create their own state is in the normal inhabitants inside a defined area. Nowhere is it ever mentioned that foreigners have a right to self determination. In fact external interference is illegal under international law.
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Criteria for the right to self-determination
A people can be said to have realised its right to self-determination when they have either (1) established a sovereign and independent state; (2) freely associated with another state or (3) integrated with another state after freely having expressed their will to do so . The definition of realisation of self-determination was confirmed in the Declaration of Friendly Relations .
The right to self-determination - IHL
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Statehood is the realization of the right to self determination not a prerequisite. To say that they never had a sovereign state is irrelevant.
(COMMENT)
Ah, yes! Notice that last bit: These are
"or" statements. I like it, I think I'll restate it with emphasis.
A (Jewish) people (of Palestine) can be said to have realised its right to self-determination when they have either (1) established a sovereign and independent state; (STOP) That would be the announced Independence of Israel in 1948.
THEN:
"The definition of realisation of self-determination was confirmed in the Declaration of Friendly Relations." (STOP) This would be the acceptance by the General Assembly and the subsequent Treaties Arrangements between the neighboring states.
(COMMENT)
Whatever "Rights to Self-Determination" the Palestinians had, it cannot include that land now designated as Lebanon, that land now designated as Jordan, that land now designated as Syria, that land now designated as Egypt,
OR that land now designated as Israel. The inhabitance of those lands have exercise their rights and "realized" statehood. But the Palestinians never established the "State of Palestine;" they never even tried
(until very recently).
(And that is very relevant.) In fact, they "rejected" that notion.
(That is also relevant.)
The right to create their own state is in the normal inhabitants inside a defined area. Nowhere is it ever mentioned that foreigners have a right to self determination. In fact external interference is illegal under international law.
(QUESTION)
Who has denied the Rights of the Palestinian to establish their independence?
Who are these foreigners you mention?
(Is this a 60 year old immigration issue? Is this a right-to-return issue?)
(SIDE-BAR)
Let's determine what the nature of the objection is, and the basis for the Palestinian insurgency against the State of Israel.
- What is it that the Palestinians want in exchange for peace?
- What is the basis for the Palestinian demand?
(CONTINUATION)
I think it is the other way around. It was the Arab Nations that attacked Israel when it attempted to exercise its right to self-determination; an Arab/Palestinian move against the very principles of international law that you cite. The Arab World is the external influence. And since that time, the Palestinians have mustered additional external Persian influence to further challenge Israeli "realization" of Israeli statehood. Clearly, the recognition of the State of Israel was not illegal as it was accepted by the very body that created the international law. And Israel has not interfered with recent moves by the Palestinians in the attempt to realize their independence through internationally accepted processes.
So, yes, I find that you are correct. Israel is under siege by forces that want to undermine Israeli sovereignty, attained by legal means, in the furtherance of their "right to self-determination," by Arab and Palestinian insurgents using foreign weapons, supported by Persians and allied regional Arabs, in violation of the very laws you cite.
In the mean time, Israel is not interfering with the move by the Palestinian Authority to realize the right of the remainder of Palestinians to establish their state.
Most Respectfully,
R