RE: Palestine Today
⁜→ P F Tinmore, et al,
Oh, you are so full of it...
Indeed, a lot of people are confused. They have never been borders.
I have read the documents. Few have.
(COMMENT)
The Armistice Agreement was only temporary in its authority. Once the peace treaties were signed, the Armistice the legal authority is dissolved. They were replaced in their entirety. Each of the Armistice Agreement (Article XII) states:
"shall remain in force until a peaceful settlement between the Parties is achieved."
The “party” means a State which has consented to be bound by the treaty and for which the treaty is in force. The Arab Palestinians were NOT a party to the treaties; not then - not now. The Arab Palestinians have prevented such arrangements in good faith:
Preamble to:
Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations [Article 2(4)]:
◈ Considering that the progressive development and codification of the following principles:
- The principle that States 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 principle that States shall settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered,
◈ Paragraph 1(4) Declaration on Principles of International Law: (Given it Authority under the Charter Article 2(4) (supra):
Every State has the duty to refrain from the threat or use of force to violate the existing international boundaries of another State or as a means of solving international disputes, including territorial disputes and problems concerning frontiers of States.
Don't try to suggest that you have some special inside knowledge over other members of the Discussion Group. These passages and concepts have been talked about here many many times; including:
ARTICLE XXI Settlement of Differences and Disputes → Oslo II Accord
(Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip)
Any difference relating to the application of this Agreement shall be referred to the appropriate coordination and cooperation mechanism established under this Agreement. The provisions of Article XV of the DOP shall apply to any such difference which is not settled through the appropriate coordination and cooperation mechanism, namely:
1. Disputes arising out of the application or interpretation of this Agreement or any related agreements pertaining to the interim shall be settled through the Liaison Committee.
2. Disputes which cannot be settled by negotiations may be settled by a mechanism of conciliation to be agreed between the Parties.
3. The Parties may agree to submit to arbitration disputes relating to the interim period, which cannot be settled through conciliation. To this end, upon the agreement of both Parties, the Parties will establish an Arbitration Committee.
You should remember what "good-faith" means:
Page 247 Parry & Grant Encyclopaedic Dictionary of International Law said:
good(-)faith. → Good faith ( bona fides ) is one of the fundamental principles of international law. ‘One of the basic principles governing the creation and performance of legal obligations, whatever their source, is the principle of good faith’: Nuclear Tests Cases 1974 I.C.J. Rep. 254 at 267. Good faith ‘touches every aspect of international law’: 1 Oppenheim 38 . It is without question one of the general principles of law as specified in art. 38(1) of the Statute of the I.C.J.: see Cheng , General Principles of Law as Applied by International Courts and Tribunals ( 1953 ), Chaps. 4 and 5. It may be more. The U.N. Charter, art. 2(2) requires States to fulfill all obligations arising under it in good faith. The Friendly Relations Declaration of 20 October 1970 (General Assembly Res. 2625 (XXV)) extends that duty to ‘obligations under the generally recognized principles and rules of international law’. In the law of treaties, treaties must be observed in good faith: art. 26 of the Vienna Convention on the Law of Treaties of 23 May 1969 : 1155 U.N.T.S. 331 . Likewise, treaties must be interpreted in good faith: art. 31(1). Good faith in relation to the formation of treaties is stipulated for by implication by art. 18 which recites that a State is ‘obliged to refrain from acts which would defeat [its] object and purpose’ when it has signed or expressed its consent to be bound by the text of a treaty. See generally O’Connor , Good Faith in International Law ( 1991 ).
Since the signing of
the Oslo Accords, I don't think anyone can point to an instance of political substance where the Arab Palestinian as (even once) demonstrated - a good-faith effort on a matter of importance leading to peace. In fact, it is the stated policy of the Arab Palestinian"
Article 9
- Palestine National Charter of 1968: Armed struggle is the only way to liberate Palestine. This is the overall strategy, not merely a tactical phase. The Palestinian Arab people assert their absolute determination and firm resolution to continue their armed struggle and to work for an armed popular revolution for the liberation of their country and their return to it. They also assert their right to normal life in Palestine and to exercise their right to self-determination and sovereignty over it.
Similarly:
Article 13
- HAMAS Covenant: There is
no solution for the Palestinian question except through Jihad. Initiatives, proposals and international conferences are all a waste of time and vain endeavors.
A "good-faith" effort is emphatically
(to the extreme) ruled-out by the major political leadership frameworks and has been a policy followed over a half-century. Again, don't rely on our friend P F Tinmore to interpret for you. As you can see, we have the document quotes right here. Links attached, and you can make your own determination.
(SIDEBAR)
View attachment 275588 disinformation; misinformation. These words are not synonyms.
(Dictionary of Modern Legal Usage)
◈ Disinformation = false information deliberately created and spread.
◈ Misinformation = incorrect information.
You can determine which is representative of the phrase: "They have never been borders. I have read the documents." If you were going to rate your source, how would you rate it:
Example:
◈ A-1 Source is the very best - completely trustworthy.
◈ E-5 Unreliable and Untrustworth - Information improbable.
Most Respectfully,
R