RE: Israel's war crimes
※→ P F Tinmore, et al,
Now, you are just being blind to the responses. You have not made a single allegation that was either out of context or outrightly refuted
(not a single one).
You still have not refuted anything in my post.
(COMMENT)
Everything was addressed.
Here again, you confuse military control with sovereignty. It does not matter that the Palestinians had assistance in creating a government. Eighty or so Palestinian leaders assembled to form a government to declare independence of their already existing state. A people does not need permission to declare statehood inside their own defined territory. The 1948 Palestinian Declaration if Independence was 100% legal and was recognized by five other states.
(COMMENT)
Military control and sovereignty were clearly addressed.
The "fact" that the Arab Palestinian Leadership was not competent enough to establish an arrangement for sovereignty. While the Arab Palestinian Leadership can claim sovereignty over territory, it does NOT (in any way) mean that they were successful. And to respond that the Arab Palestinian Leadership had some "right to sovereignty" does not require any foreign power having a preexisting Military Control to relinquish such control to the Arab Palestinian Leadership. There is no International Rule of Law or Procedure that require the relinquishment. The proper forum is outlined
in A/RES/25/2526 Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States.
Nothing in law requires the preexisting Militar Control to release territory to the Arab Palestinians; rights or no rights.
Unfortunately, Palestine was occupied and that prevented them from exercising their rights. But again, occupations do not acquire sovereignty and cannot annex occupied territory.
(COMMENT)
That is not exactly correct. The Rule of Law says that "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations."
The Arab Palestinians did not have any territory to have integrity and sovereignty over.
Most Respectfully,
R
External Reference:
Section 2: Acquisition of Territory [12]
The international rules related to territorial sovereignty are rooted in the Roman Law provisions governing ownership and possession. In addition, the classification of the different modes of acquiring territory is a direct descendant of the Roman rules dealing with property.
[13]
Territory is the space within which the State exercises sovereign authority. Title to territory is acquired either through the claim of land not previously owned (
terra nullius) or through the transfer of title from one State to another.
[14] Title acquired in the first category is called original title, while in the second category is called derivative title. Modes of original acquisition of territory include occupation, prescription and accretion. Derivative modes include cession (voluntary or forcible), and conquest and annexation. All these modes are dealt with in the following.
(1)
Occupation
Occupation is an original mode of acquisition by a State of a title to a territory. It implies the establishment of sovereignty over a territory not under the authority of any other State (
terra nullius) whether newly discovered or abandoned by the State formerly in control (unlikely to occur).
[15]
For the title acquired through occupation to be final and valid under International Law, the presence and control of a State over the concerned territory must be effective.
[16] Effectiveness requires on the part of the Claimant State two elements: an intention or will to act as sovereign, and the adequate exercise of sovereignty. Intention may be inferred from all the facts, although sometimes it may be formally expressed in official notifications to other States. Adequate exercise of sovereignty must be peaceful, real, and continuous. This element of physical assumption may be manifested by an explicit or symbolic act by legislative or administrative measures affecting the claimed territory, or by treaties with other States recognizing the sovereignty of the Claimant State over the particular territory or demarcating boundaries.
Occupation was often preceded by discovery that is the realization of the existence of a particular piece of land. In the early period of European discovery, in the Fifteenth and Sixteenth Centuries, the mere realization or sighting was sufficient to constitute title to territory. As time passed, something more was required and this took the form of symbolic act of taking possession, whether by raising of flags or by formal declarations. By the Eighteenth Century, the effective control came to be required together with discovery to constitute title to territory.
[17]