montelatici, et al,
Let us start by remembering that the fundamental purposes of the UN as an organization is to maintain international peace and security. The UN tries to act in the furtherance of prevention and removal of threats to the peace. This is the very meaning behind
Chapter I of the UN Charter with the intent to suppress acts of aggression and the outbreak of hostilities.
Cablegram from the Secretary-General (SG)
of the League of Arab States (LAS)
to the Secretary-General of the United Nations (1948)
On the occasion of the intervention of Arab States in Palestine to restore law and order and to prevent disturbances prevailing in Palestine from spreading into their territories and to check further bloodshed, I have the honour to request your Excellency to bring following statement before General Assembly and Security Council.
.......The Arab States recognize that the independence and sovereignty of Palestine which was so far subject to the British Mandate has now, with the termination of the Mandate, become established in fact, and maintain that the lawful inhabitants of Palestine are alone competent and entitled to set up an administration in Palestine for the discharge of all governmental functions without any external interference.
Arab League Declaration on the intervention in Palestine, 15 May 1948 | Religion :: Science :: Peace
(COMMENT)
The first dynamic to International Diplomacy at the policy level is the concept for a "Just War." Technically, today, the FIRST USE of armed force
by a State in contravention of the Charter I Article 2(4) shall constitute
prima facie evidence of an act of aggression.
The excerpt of the Cablegram (To SG - From LAS) is essentially a confession (
prima facie evidence) to the act of FIRST USE. Technically, there were at least seven counts. Today, it would be Seven Counts in contravention of Chapter I/UN Charter --- and --- Seven Count in violation of Rome Statue - Article 8
bis Crime of aggression. However, in the 1948 invasion by LAS Armed Forces against the sovereignty, territorial integrity or political independence of Israel.
• The remarkable thing here is the fact that it must be a State(s) against State(s) - remembering that there was no State of Palestine at that time - AND - that it is an "invasion" OR "attack" against a sovereignty.
The "Just War" Defense given by the LAS is that:
• Jewish aggression was the proximate cause of Peace and order having been completely upset in Palestine.
• To prevent Jewish Forces from committing excessive (war crimes like) acts upon those peaceful Arabs and villagers of Deer Yasheen, Tiberias, and other places.
• That the sovereignty and independence of the Jewish State was improperly establish and that only the lawful inhabitants of Palestine are alone competent and entitled to set up an administration.
The underlying opposition against the LAS justification for aggression rests with:
• Chapter I is interpreted to include the concept that no consideration of whatever may be granted to the LAS in the nature of the intervention; whether political, economic, military or otherwise. None may serve as a justification for aggression.
• Chapter VII provides for the Jewish State to initiate defensive a
ctions with Respect to Threats to the Peace, Breaches of the Peace and Acts of Aggression by the FIRST USE of armed force against Israeli declared sovereignty.
Most Respectfully,
R