P F Tinmore, et al,
This is a good point.
(COMMENT)
This was written a decade before the Palestinian People Declared Independence in 1988. At that time, they were citizens of the Hashemite Kingdom of Jordan and under Jordanian rule. At that time, it was not Israel that obstructed "independence, territorial integrity, and national unity;" as demonstrated when Jordan cut ties with the West Bank and the Palestinians Declared Independence without interference. You will take notice that in A/67/L.28 26 November 2012 (which Affirms its determination to contribute to the achievement of the inalienable rights of the Palestinian people and the attainment of a peaceful settlement in the Middle East that ends the occupation that began in 1967 and fulfils the vision of two States: an independent, sovereign, democratic, contiguous and viable State of Palestine living side by side in peace and security with Israel on the basis of the pre-1967 borders;) and again in A/RES/67/19 4 December 2012 (which Reaffirms the right of the Palestinian people to self-determination and to independence in their State of Palestine on the Palestinian territory occupied since 1967; and Decides to accord to Palestine non-member observer State status in the United Nations;) there is not mention of "recalling" A RES 33 24 of 29 November 1978.
In this observation you will notice that in both the November Affirmation and the December Decision that Resolution
A/RES/25/2625 24 October 1970 (Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the
Charter of the United Nations) is recalled
(not A RES 33 24 of 29 November 1978). Without regard to what A RES 33 24 of 29 November 1978 may be interpreted to imply --- the non-binding Resolution does not take precedence over the Hague Regulation, the Geneva Conventions, or Customary International Humanitarian Law. UN
Security Council Resolution S/RES/1373 (2001), which is binding, (
which Decides also that all States shall: (a) Refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts, including by suppressing recruitment of members of terrorist groups and eliminating the supply of weapons to terrorists;) does Reaffirming the principle established by the General Assembly in its Declaration on Principles of International Law of October 1970 (resolution 2625 (XXV) namely that every State has the duty to refrain from organizing, instigating, assisting or participating in terrorist acts in another State or acquiescing in organized activities within its territory directed towards the commission of such acts.
If there is a "false premise" here --- it is the idea that the Palestinians have been given such special dispensation to violate the Hague Regulation, the Geneva Conventions, or Customary International Humanitarian Law; and the laws against terrorism.
First: the critical links between development and security. Nothing can justify terrorism — ever. No grievance, no goal, no cause can excuse terrorist acts. At the same time, we must remove the conditions that feed the problem. Terrorism festers where conflicts are endemic and where human rights, human dignity and human life are not protected and impunity prevails.
SG/SM/14764-SC/10883
The Palestinians, no matter what cover they choose, cannot operate independent of the law, against Israeli civilians and where the human rights, human dignity and human life of the Israeli are not protected and impunity prevails.
(COMMENT)
This is more of the same 1949 (more than half a century ago) era thinking; hardly relevant today. This was written before the
United Nations Convention relating to the Status of Refugees, adopted in 1951, and the Palestinians often forget that:
C. This Convention shall cease to apply to any person falling under the terms of section A if:
(1) He has voluntarily re-availed himself of the protection of the country of his nationality; or
(2) Having lost his nationality, he has voluntarily re-acquired it; or
(3) He has acquired a new nationality, and enjoys the protection of the country of his new nationality; or
(4) He has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution;
With very rare exceptions, there are no Palestinian Refugees in the West Bank or Gaza Strip after 16 November 1988, when the Palestine Liberation Organization (PLO):
By virtue of the natural, historical and legal right of the Palestinian Arab people to its homeland, Palestine, and of the sacrifices of its succeeding generations in defence of the freedom and independence of that homeland,
Pursuant to the resolutions of the Arab Summit Conferences and on the basis of the international legitimacy embodied in the resolutions of the United Nations since 1947, and
Through the exercise by the Palestinian Arab people of its right to self-determination, political independence and sovereignty over its territory:
The Palestine National Council hereby declares, in the Name of God and on behalf of the Palestinian Arab people, the establishment of the State of Palestine in the land of Palestine with its capital at Jerusalem. (
Annex III, A/43/827 S/20278 18 November 1988)
When the PLO
(designated the sole legitimate representative of the Palestinian people in any Palestinian territory that is liberated, by the Arab League) declared independence and established the State of Palestine, each Palestinian acquired a new nationality, and enjoys the protection of the country of his new nationality the State of Palestine as acknowledged by the UN (
A/RES/43/177 15 December 1988); no longer falling under the UN definition of Refugee.
To support the Palestinian insistence (Jihadist and Fedayeen) that Israel has no "territorial integrity" is simply any way of promoting a continuation of hostilities. Whether we view it though the lenses of the
Palestinian National Charter, the
HAMAS Covenant, or the more recent
Political Position Paper by HAMAS, the language is the same.
1. Palestine from the river to the sea, and from north to south, is a land of the Palestinian people and its homeland and its legitimate right, we may not a waiver an inch or any part thereof, no matter what the reasons and circumstances and pressures.
2. Palestine - all of Palestine - is a land of Islamic and Arab affiliation, a blessed sacred land, that has a major portion in the heart of every Arab and Muslim
3. No recognition of the legitimacy of the occupation whatever; this is a principled position, political and moral, and therefore do not recognize the legitimacy of the Israeli occupation of Palestine, and recognition of "Israel" and the legitimacy of its presence on any part of Palestine no matter how long; and it will not be long, God willing.
This is a variation on the theme that:
Israel has NO Right of Self-Defense against Palestine; because there is no territorial entity with borders called Israel.
First, let's understand what the PLO Negotiations Affairs Department (NAD) says:
Key Facts
- The 1967 border is the internationally-recognized border between Israel and the oPt.
- A basic principle of international law is that no state may acquire territory by force. Israel has no valid claim to any part of the territory it occupied in 1967.
- The international community does not recognize Israeli sovereignty over any part of the oPt, including East Jerusalem.
Israel has no valid claim to any part of the West Bank or Gaza Strip. However, in the interest of peace, we have been willing to discuss minor, equitable, and mutually-agreed territorial exchanges should we decide that it is in our interest to do so.
Now there is a valid argument concerning Area "C" as stipulated and agreed upon by the Palestinians in Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip (OSLO Accord II A/51/889 S/1997/357 5 May 1997).
As far as basic recognition is concerned, the sole legitimate representative of the Palestinian People (the PLO) Exchange of Letters between PM Rabin and Chairman Arafat relative to the mutual Israel-PLO Recognition and the "calls upon the Palestinian people in the West Bank and Gaza Strip to take part in the steps leading to the normalization of life, rejecting violence and terrorism, contributing to peace and stability and participating actively in shaping reconstruction, economic development and cooperation."
I believe that there are many pro-Palestinians today the which nothing more than to continue the armed struggle that existed prior to the Oslo Accords and the mutual recognition. Clear, the Unity Government is struggling to maintain a common political policy, with HAMAS not recognizing Israel and Fatah waffling on the issue.
Most Respectfully,
R