P F Tinmore, et al,
Yes, this is interesting.
Resolution 242 does not require Palestine to change its borders.
(REFERENCE)
S/RES/242 22 November 1967
The Security Council,
Expressing its continuing concern with the grave situation in the Middle East,
Emphasizing the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every State in the area can live in security,
Emphasizing further that all Member States in their acceptance of the Charter of the United Nations have undertaken a commitment to act in accordance with Article 2 of the
Charter,
1.
Affirms that the fulfilment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles:
(i) Withdrawal of Israel armed forces from
territories occupied in the recent conflict;
(ii) Termination of all claims or states of belligerency and respect for and acknowledgment of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force;
2.
Affirms further the necessity
(a) For guaranteeing freedom of navigation through international waterways in the area;
(b) For achieving a just settlement of the refugee problem;
(c) For guaranteeing the territorial inviolability and political independence of every State in the area, through measures including the establishment of demilitarized zones;
3.
Requests the Secretary-General to designate a
Special Representative to proceed to the Middle East to establish and maintain contacts with the States concerned in order to promote agreement and assist efforts to achieve a peaceful and accepted settlement in accordance with the provisions and principles in this resolution;
4.
Requests the Secretary-General to report to the Security Council on the progress of the efforts of the Special Representative as soon as possible.
(COMMENT)
The Security Council Resolution 242, is not that complicated. But contains some ambiguous language; like "should include the application." But even more in question is, in 1967, when the Resolution was written, who were the parties to the conflict?
In fact, the Resolution
(as P F Tinmore points out) does not require "Palestine" to do anything
(Palestine and the Palestinians are not mentioned once in the resolution). In 1967, the parties to the conflict were the Israelis
(the only member nation actually named in the Resolution), Syrians, Jordanians, and Egyptians. So, P F Tinmore's statement is absolutely correct --- 'Resolution 242 does not require Palestine to change its borders." Palestine and the Palestinians are not parties to the conflict in question. They are completely out of the equation and have no vested interest in the Resolution. At the time of the Resolution the people of Gaza were under occupation by the Egyptian Military Governorship. At the time of the Resolution, the people of the West Bank were under Jordanian sovereignty.
(i) Withdrawal of Israel armed forces from
territories occupied in the recent conflict;
√ No time frame specified.
(ii) Termination of all claims or states of belligerency and respect for and acknowledgment of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force;
√ The Treaty of Peace between the Arab Republic of Egypt and the State of Israel, 26 March 1979 answers the issue of the Gaza Strip.
√ The Treaty of Peace between the Hashemite Kingdom of Jordan and the State of Israel, 27 January 1995, answers the issue of the West Bank.
It should be noted that the Armistice Arrangements date back to 1949 and the War of Independence for the State of Israel. While the "War" has never come to a conclusion between Israel and the aggressor nations of Syria and Lebanon, the Treaties effectively ended the conflict with the aggressors of Egypt and Jordan. While Resolution 242 is answered by the treaties --- pertaining to the 1967 Occupation of the West Bank and Gaza Strip, there may still be some application to the relations with Lebanon and Syria.
Relative to the "refugee problem:"
There are no refugees pertaining to the West Bank and Gaza Strip. Refugees are defined by Paragraph 1 - Article 1 (as delineated by Paragraph 2 - Article 1) of the
CONVENTION RELATING TO THE STATUS OF STATELESS PERSONS of 1954. However the formerly displaced Arab Palestinians in the Gaza Strip and West Bank may categorize themselves IAW Article 1, it is overturned by Article 2:
Convention Relating to the Status of Stateless Persons said:
2. This Convention shall not apply:
(i) To persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance so long as they are receiving such protection or assistance;
(ii) To persons who are recognized by the competent authorities of the country in which they have taken residence as having the rights and obligations which are attached to the possession of the nationality of that country;
(iii)To persons with respect to whom there are serious reasons for considering that:
(a) They have committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provisions in respect of such crimes;
(b) They have committed a serious non-political crime outside the country of their residence prior to their admission to that country;
(c) They have been guilty of acts contrary to the purposes and principles of the United Nations.
There would be very few did not fall under Article 1, Paragraph 2ii, in which the one-time refugee were recognized by the country of Egypt or Jordan and taken residence as having the rights and obligations which are attached to the possession of Egyptian or Jordanian nationality.
- Coverage under the All-Palestine Government from 1949 until 1959.
- Coverage under Jordanian Citizenship 1950 to 1988.
- Coverage under the State of Palestine from 1988 to Present.
Thus, in many respect, and for a number of reasons, the UNSC Resolution 242 has no true application to the Palestinian, except as it pertains to the standing realtive to an authentic "occupation."
Most Respectfully,
R