Anathema, Auldhippy,
et al,
The both of you are caught-up is a rather simplistic view of the debate.
There was no UN charter during WW2, there is now and Israel is signed up to it, This means that war,, no matter who starts it or who wins it, is not a legitimate means of land acquisition, it means that refugees who took no part in the conflict are entitled to return to their homes,
The occupation is illegal under the uN charter and under the Geneva Conventions 4th Protocal, which Israel are also signed up to, the transfer of populations to land occupied in war is expressly forbidden,
Which is why ANY State (Israel and the US included) that a member of the United Nations, or a party to any of its agreements is a nation of, and lead by, idiots.
(COMMENT)
Nothing in the UN Charter prohibits the actual occupation of territory. And the interpretation given to the law of acquisition is incorrect.
What the international law says - and - when did it say it?:
Definition of Aggression said:
Article 5
1. No consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justification for aggression.
2. A war of aggression is a crime against international peace. Aggression gives rise to international responsibility.
3. No territorial acquisition or special advantage resulting from aggression is or shall be recognized as lawful.
SOURCE: A/RES/3314(XXIX) 14 December 1974
Principle of Law under discussion from the Declaration of Principles adopted, noted that:
Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations said:
The territory of a State shall not be the object of military occupation resulting from the use of force
in contravention of the provisions of the Charter. The territory of a State shall not be the object of acquisition by another State resulting from the threat or use of force. No territorial acquisition resulting from the threat or use of force shall be recognized as legal. Nothing in the foregoing shall be construed as affecting:
- Provisions of the Charter or any international agreement prior to the Charter regime and valid under international law; or
- The powers of the Security Council under the Charter.
SOURCE: A/RES/25/2625 24 October 1970
At the time of the Security Council passage of
Resolution 242 (1967) neither of the two Resolutions cited above were active; having not been created (1974 and 1970 respectively) come 3 to 7 years later and cannot be retroactively applied.
(You cannot created a law today that makes something you did lawfully yesterday - illegal after the fact.)
Secondly, nothing done in the 1967 War had anything to do with the indigenous Palestinians as --- Palestinians. It was a Chapter VII Self-Defense Action over, initially, violations of the Israeli-Egyptian Armistice and the Israeli-Jordanian Armistice.
The 1949 Armistice Agreements, on which the "Lines" were based, --- were and arrangement between:
At the time of the 1967 War, neither the Gaza Strip (GS) or the West Bank (WB) were under any form of autonomous Palestinian control. The WB had been annexed by the Jordanians in 1950 - and - the GS was under total Egyptian Occupation. The Armistice Arrangements made between the Israelis and Egyptians - dissolved the 1949 Armistice Lines around the GS and replaced them with a "permanent boundary between Egypt and Israel" (see Article II). The Armistice Arrangements made between the Israelis and Jordanians - dissolved the 1949 Armistice Lines around the GS and replaced them with a "permanent, secure and recognised international boundary between Israel and Jordan," (see Article III).
In 1967, Israel did not overrun and occupy Palestinian territory (oPt), it occupied Egyptian and Jordanian territories. The GS and WB only became Palestinian in 1988, when the Palestine Liberation Organization
(the sole representative of the Palestinian people) declared independence, without Israeli objection; exercising their right of self-determination while under Israeli occupation.
(SETTLEMENTS)
The Armistice Lines were agreed upon by the parties in conflict. Relative to the Gaza Strip, the parties were Israel and Egypt. Relative to the West Bank, the parties were Israel and Jordan. And ceasefire arrangements culminated into Armistice Agreements:
- EGYPTIAN-ISRAELI GENERAL ARMISTICE AGREEMENT A/43/827 S/20278 DONE at Rhodes, Island of Rhodes, Greece, on the twenty-fourth of February nineteen forty-nine; in the presence of the United Nations Acting Mediator on Palestine and the United Nations Chief of Staff of the Truce Supervision Organization.
The importance if this cannot be over emphasized. Both Armistice Agreements, having been orchestrated by the same influence of Truce Supervision Organization, use the same format and language:
The important phrase is behind the meaning of: "establishment of an Armistice in order to eliminate the threat to the peace in Palestine and to facilitate the transition from the present truce to permanent peace in Palestine,
shall remain in force until a peaceful settlement between the Parties is achieved."
THUS: The Armistice Arrangement is no longer "in force" once a peaceful settlement is achieved
(Arab Republic of Egypt and the State of Israel, 26 March 1979 - and the - State of Israel and the Government of the Hashemite Kingdom of Jordan, 26 October 1994). Remembering that there was no Armistice signed with the Palestinians (not a party to the conflict and not a state able to enter into agreement under the
Treaty Law Convention), the Armistice Lines between were dissolved by the agreement and were replaced by international boundaries stipulated permanent peace agreements in:
So, the next question is: What holds the boundaries we commonly refer to as the 1949 Armistice Line between Israel and Palestine? That would be the "Oslo Accords" the basic framework document and interim agreement between Israel and the Palestinians. Because the 1949 Armistice Lines applied to Israel with Egypt and Jordan; and not the Palestinian as a concerned party. The Palestinians were not party to the Agreements.
This has to do with the establishment of Settlements in the West Bank under the assumption that the territory is "occupied." One view is:
- If the Oslo Accords apply, then the Settlements as under Oslo II stipulations and subject to the permanent status of negotiations.
- If the Oslo Accords do not apply, then the Territory of the West Bank is on the Israeli side of the Israeli-Jordanian International Borders as stipulated by Treaty.
Most Respectfully,
R