montelatici, et al,d
Your citation should read "
Art 47 GCIV." Other wise the citation is correct --- I knew what you meant. However your interpretation is wrong given the scenario.
1. "However, it is commonly understood that the conduct of activities in "Area C" are beyond the jurisdiction of the Palestinians; previously agreed to by the sole representative of the Palestinian people."
It is not "commonly understood". Even if agreed to it would contravene International Law concerning Belligerent Occupation..
"The legal rights of the inhabitants of occupied territory cannot be curtailed by any agreement or other arrangement between the occupying power and the authorities of the occupied territory. This is intended to prevent national authorities from being put under pressure to make concessions which might not be in the population’s best interests or weaken its legal rights."
HR IV, Art. 46 GC IV, Arts. 13, 27, 33 & 34 GC IV, Arts. 8 & 47
(COMMENT)
The Occupying Power (Israel) DID NOT curtail the rights of the Palestinian in the authorized usage of Area "C." This was authorized by the "sole representative of the Palestinian people."
There is also the issue of established sovereignty.
The Subliminal Notation:
The supreme, absolute, and uncontrollable power by which an independent state is governed and from which all specific political powers are derived; the intentional
independence of a state, combined with the right and power of regulating its internal affairs without foreign interference.
Sovereignty is the power of a state to do everything necessary to govern itself, such as making, executing, and applying laws; imposing and collecting taxes; making
war and peace; and forming treaties or engaging in commerce with foreign nations.
The Timeline Segment:
In 1988, when on 31 July 88 HM King Hussein announced the severance of all administrative and legal ties with the occupied West Bank, Israel was already in effective control of "Area C" in the West Bank.
Article 42, The Hague Convention:
• Territory is considered occupied when it is actually placed under the authority of the hostile army.
• The occupation extends only to the territory where such authority has been established and can be exercised.
(QUESTIONs)
- During the period 31 July 1988 and 15 November 1988, what country was in the sole effective control over territories?
- When did any manner of Palestinian authority establish actual sovereignty (supreme, and absolute power by which an independent state is governs)?
- The PLO did not declare independence immediately.
In 1648, the Powers that be, created The
Treaty of Westphalia that would bring an end to the Thirty Years' War. The Treaty of Westphalia had within it, an imbedded concept that was a cornerstone with which to move forward: "forgiving the sins of the past."
(Article II) And, it was very straight forward and clear on the matter of sovereignty; in that
(Article CXVII, of the Treaty) "the Rights of Sovereignty, and what depends thereon, for the Lords to whom they belong." The Westphalian system of sovereign states was established in 1648 as part of the Peace of Westphalia. There were three core points to the treaty:
The principle of state sovereignty;
The principle of equality of states in political voice;
The principle of non-intervention of one state in the international affairs of another.
You have seen these principles before. They are incorporated in the more modern UN Charter. This three and a half century old treaty is still relevant in concept today.
The first among these essential core ideas is that of sovereignty; and it is a quality that all self-supporting and self-governing nation-states
(a form of political organization under which a relatively homogeneous people inhabits a sovereign state) possess. This is the notion that every state has the right of self-governance over its people and territory --- the cornerstone and foundation of what it means to be recognized as a nation-state. We've seen this variation as well:
ARTICLE 3 Montevideo Convention on the Rights and Duties of States
The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its interests, administer its services, and to define the jurisdiction and competence of its courts.
The Treaty of Westphalia is very specific and outlines exactly the authority and sovereignty that each realm and leaders have. It is at odd with the Montevideo Convention that statehood is independent of recognition (the Declarative Model). While it often appears that for the purpose of discussions in theory, many countries support the Declarative Model, in actual practice the support the Constitutive Model. Court and practical assessments tend to view the actual possession of territory as a superior position to that of a simple declaration. In that regard, Israel met the criteria for a Declarative Model in the establishment of the Jewish State; BUT, it also was forced by externally interfering Arab Coalition to physically defend its recognition and integrity. Since the Arab Coalition Attacked first, they are the aggressor. While it is customary that an aggressor should not profit from illegal military campaigns; the reverse is true in the case of the defender which establishes positive control of a defined territory.
Most recently, the Russian Federation ceased Crimea. There is no enforcement or court action contemplated, simply because --- in practice --- the nations look at each situation on a case-by-case basis.
The current Israeli-Palestinian conflict could be solved on the basis of two mutually-recognized sovereign states; except that neither side is willing to compromise. And under the political climate and behind the diplomatic posturing, agreements similar in nature to the Oslo Accords will fail
(just a matter of time). --- Any such shoehorned-in agreement will be compromised in short order and to the point that hostilities will re-ignite.
Most Respectfully,
R