montelatici, et al,
Nice example. I have to chuckle... I have to ask:
•• What party to what agreement is claiming a Breach. The Arab Palestinians cannot make a claim on a Agreement to which they are not a party.
It is difficult to understand if you are as dimwitted as the nonsense you write.
Let me make it as simple as possible for you, dimwit.
Those who are bound by a treaty/charter/contract/covenant (agreement) are required to adhere to the terms of the agreement. If a multilateral treaty requires that the parties of the treaty to recapitalize a bank within the sphere of influence assigned to that party of the agreement, that party must recapitalize the bank or that party will be in breach of the agreement. The bank need not be a party to the agreement.
(COMMENT)
In your example, still only parties to the agreement have a say in the evaluation. Some third party, which sabotage the elements in the agreement, cannot come along and attempt to profit from their sabotage.
In the case of the covenant, the British accepted ab assignment that was sabotaged by the Arab Palestinians. The Arab Palestinians made it impossible to establish a Jewish National Home; and they Arab Palestinians made it impossible to set the condition for the Arab Palestinians to stand alone as a nation, When the Arab Palestinians, in bad faith and intentionally obstruct performance, they cannot claim to be a party to the agreement that was injured. The Arab Palestinians may not profit or claim injury based on the outcome of a separate international agreement which they interfered with.
The actions of the Arab Palestinian made it impossible to comply with the explicit intent of the Allied Powers. They cannot complain that the outcome was not to their liking.
Their was no agreement made between with the Arab Palestinian, that the they can show. There is only the threat of violence that the Arab Palestinians made if they don't get their outcome.
All along, the Arab Palestinians act as if there was some agreement between the Allied Powers and the former population under the Enemy Occupied Territory Administration --- of the Arab Palestinian to which the evolved, that obligated the Allied Powers to do anything. Out of all the declarations, covenants, treaties and agreements, none of them set an obligation between the Allied Powers and what came to be known as the Arab Palestinians.
By extension, you cannot expect the present day holders of the Title and Rights to a segment of the territory formerly under the administration of the Mandate, to be blackmailed, intimidated or coerced into an action by hold "peace" hostage.
IF the only way to get "peace" between the two parties in conflict is for the Israelis to capitulate or forfeit territorial concessions,
THEN Israel should take all the necessary steps neutralize use of force against the territorial integrity and political independence of their State and Citizenry. Nothing in the law of 1919 through to the present shall impair the inherent right of individual self-defence if an armed attack occurs against their state.
Most Respectfully,
R