RE: Palestine Today
⁜→ "P F Tinmore, et al,
The Universal Declaration of Human Rights (UDHR) is NOT binding law; it never went into force. Whereas the:
The Right of Return was replaced by Articles 12 and 13 of the CCPR, and presents an entirely different argument.
(COMMENT)
Many pro-Arab Palestinian cite the UDHR as a life preserver; trying to imply it is Customary Law.
Article 49, of the Fourth Geneva Convention, also says that:
Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased.
In the case of Article 49, relative to the Arab Palestinians the:
◈ The issues relating to the security of the population still demand the partial evacuation.
◈ The issues relating to the imperative military reasons still demand partial evacuation.
On 6 February 1948, a communique was forwarded to the Secretary-General by the Representative of the Arab Higher Committee (AHC). This communique stated that the AHC cannot recognize the
Balfour Declaration, the Mandate of Palestine or any situation arising or derived therefrom. The AHC considers that imposing international alien immigrants on their country by force is nothing but an act of aggression and invasion, whether made by Jews themselves, through Great Britain, or by the United Nations. The Arab Higher Committee Delegation, therefore, expects that the duty of the United Nations is to remove the said aggression and stop that invasion. The creation of any Jewish state in an Arab territory is more than invasion or aggression, it is something with no precedent in history. It is an act of wiping out the existence of an Arab country, violating its integrity, subjecting its land and people to foreign Jewish domination. “ The communique also included these salient points:
◈ The Arabs of Palestine will never recognise the validity of the extorted partition recommendations or the authority of the United Nations to make them.
◈ The Arabs of Palestine consider that any attempt by the Jews or any power group of powers to establish a Jewish state in Arab territory is an act of aggression which will be resisted in self-defense.
◈ It is very unwise and fruitless to ask any commission to proceed to Palestine because not a single Arab will cooperate with the said Commission.
◈ The United Nations or its Commission should not be misled to believe that its efforts in the partition plan will meet with any success. It will be far better for the eclipsed prestige of this organization not to start on this adventure.
◈ The United Nations prestige will be better served by abandoning, not enforcing such an injustice.
◈ The determination of every Arab in Palestine is to oppose in every way the partition of that country.
◈ The Arabs of Palestine made a solemn declaration before the United Nations, before God and history, that they will never submit or yield to any power going to Palestine to enforce partition. The only way to establish partition is first to wipe them out — man, woman and child.
The AHC feelings expressed here were not just paper threats, but represent the formal initiation of hostilities by the Arab Palestinian if the UN continues to attempt implementation of the Resolution A/RES/181 (II) and if the Jewish immigrants attempt, through the Right of Self-Determination, create a Jewish State. And these coercive threats to peace have been reiterated in many forms and implemented in deadly fashion literally thousands of times over the last seven decades.
THIS IS MORE THAN ENOUGH REASON TO MAINTAIN THE SEPARATION.
Finally, the little video starts-off with basically citing criteria from the CERI
(Consolidated Eligibility and Registration Instructions) as if it were "law." CERI criteria are NOT LAW. It uses a set of criteria that would essentially continue the role of the UN Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA) into the future. It is in no way represents the Customary and International Humanitarian Law (IHL) that applies to every other refugee situation throughout the rest of the world. For example:
◈ It does not mean that the Palestinian Displaced, and descendants of Palestinian males, including legally adopted children, are true refugees.
◈ It does not mean that any Palestinian Displaced, under the protection of another country is a true refugee.
And one more thing... To be a true refugee under Customary and International Humanitarian Law (IHL), the Arab Palestinian must NOT be:
◈ An Arab Palestinian that has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
◈ An Arab Palestinian that has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;
◈ An Arab Palestinian that has been guilty of acts contrary to the purposes and principles of the United Nations.
So, in essence, any Arab Palestinian that has committed an offense that was solely intended to harm the Occupying Power inflicted seriously damage the property of the occupying forces or administration or the installations used by them is NOT a true refugee anymore.
OK, I guess I've said enough about this little piece of propaganda.
Most Respectfully,
R
