RE: Palestinian Talks, lectures, & interviews.
⁜→ P F Tinmore, et al,
BLUF: The al Jazeera Video News Article opens by making the claim that the "Right of Self-Defense" only applies to those under occupation. And that Israel does not have the "Right of Self-Defense."
(COMMENT)
According to the al-Jazeera News Article, this interpretation is grounded as far back as 1982; in which they cite Paragraph 2 of the General Assembly Resolution A/RES/37/43 • 3 December 1982.
"Reaffirms the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial and foreign domination and foreign occupation by all available means, including armed struggle"
Two important points spring out here.
◈ A/RES//37/43 is NOT international Law.
◈ A/RES/37/43 sets no limitation to the matter of self-defense.
UN General Assembly Resolutions are organizational in nature and are formal expressions of the opinion or will of UN as an organization unless the resolution is internal to the organization. General Assembly Resolutions are not binding on its membership. Even UN Security Council Resolutions are often non-binding unless they demand a specific action (dependent on the wording). An exception to this rule would be if the Security Council was acting under the color of authority contained in Chapter VII of the Charter. Security Council Action under Chapter VII are considered binding, in accordance with Article 25 • Chapter V of the Charter. Oddly enough, the "Right of Self-Defense" (since 1945) is expressed under the Charter in Article 51 of Chapter VII.
Article 51
Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.
Israel has a "Right to Self-Defense" from attacks launched by Hostile Arab Palestinians. You should also note that Article 51 of the Charter is not applicable to either the Gaza or Ramallah Governments. Article 51 applies to "Members or the UN."
Decides to accord to Palestine non-member observer State status in the United Nations, without prejudice to the acquired rights, privileges and role of the Palestine Liberation Organization in the United Nations as the representative of the Palestinian people, in accordance with the relevant resolutions and practice;
(CLOSING WITH)
The
entire European Union considers HAMAS a terrorist organization
(from the Official Journal of the European Union).
UN
Security Council Resolution S/RES/1368 (2001) "Recognizing the inherent right of individual or collective self-defence in accordance with the Charter," does speak to the matter.
Palestinian People are perpetrators, organizers and sponsors of terrorist attacks responsible for aiding, supporting or harbouring the perpetrators, organizers and sponsors of these acts Palestinian Terrorist have carried out.
◈ 'Al-Aqsa Martyrs Brigade'
◈ 'Hamas’, including ‘Hamas-Izz al-Din al-Qassem'
◈ 'Palestinian Islamic Jihad – ‘PIJ’
◈ ‘Popular Front for the Liberation of Palestine’ – ‘PFLP’
◈ 'Popular Front for the Liberation of Palestine – General Command’ (a.k.a. ‘PFLP – General Command’)
Most Respectfully,
R