RE: The Debates
SUBTOPIC: Recognition
⁜→ danielpalos, MJB12741, et al,
BLUF: At the turn into the 21st Century, it is still unclear as to what it means to be a "state" although in most cases, we can see what is not a state. No matter how you look at it, Palestine is an abnormal class of States (AKA: "dependent States"). It does not exercise full sovereignty over all the territory it claims; but, rather a number of different external powers or forces create a condition where Palestine is dependent on them for its existence.
There are a wide variety of views regarding the
legal status of the State of Palestine, both among the states of the international community and among legal scholars, but there is a general consensus that the State of Palestine is
de jure sovereign.
[1][2][3][4] It is a
non-member observer state at the
United Nations since November, 2012.
[5][6] As of 31 July 2019, a total of 138 countries recognize it.--https://en.wikipedia.org/wiki/Legal_status_of_the_State_of_Palestine
(PROVISIONAL QUESTION)
◈ When (as has been said) 139 nations recognize "Palestine," what defined territory did they recognize ?
✦ The territory formerly subject to the Mandate for Palestine (less Jordan)
✦ The territory formerly outlined by the 1949 Armistice Agreements
✦ The pre-June 4th 1967 border with East Jerusalem as its Capital
✦ Area "A" Palestinian Authority full civil and security control
◈ When (as has been said) 139 nations recognize "Palestine," what government did they recognize ?
✦ The Palestinian Authority (PA)
✦ The Islamic Resistance Movement (HAMAS)
✦ PA + HAMAS
(COMMENT)
Israel is a sovereign state having great control over Palestine (as seen by some as another state) that has limited autonomous authority. Israel originally came to control the territory known as the West Bank in the Six-Day War (1967). However, the Six-Day War is a misnomer. Forces of the Arab League were observed massing in great numbers along the 1949 Armistice Lines, taking an offensive posture. At that time, there was no Palestinian State. The
West Bank became sovereign under the Hashemite Kingdom of Jordan when the West Bank Palestinians were given equal representation in the newly formed Jordanian parliament. The newly formed Parliament "unanimously approved a motion to unite the two banks of the Jordan River, constitutionally expanding the Hashemite Kingdom of Jordan." In the massing of hostile Arab League forces, poised to attack from every direction (creating an
Article 2(4), Chapter of the UN Charter • from the threat or use of force against the territorial integrity or political independence), Israel exercised a military intervention under
Article 51, Chapter VII of the UN Charter (Right of Self-dense). While in hot pursuit of enemy forces, Israel became the Occupation Force which was necessary to secure the territory from the further staging of conventional forces.
Israel did not cross a State of Palestine demarcation. It crossed a Jordanian demarcation by Armistice. The Armistice, broken, Israel became the Occupation Force over Jordanian sovereign territory. In 1988 Jordan "cut all ties" (abandon) and relinquished all claims to the formerly held West Bank territory (
Disengagement from the West Bank). In effect, there territory became "Terra Nullius" • whether it is inhabited by Arab Palestinians whose community is not considered to be a state. In fact, the PLO did not declare Independence for another three months and had no government formed.
I'm not sure that a competent authority has Ruled on the Issue. There are a hell'av'a some questions to be addressed, before we can understand who/what Palestine is in
A/RES/67/19 Palestine non-member Observer State 4 DEC 2012.
Most Respectfully,
R
• Anne Orford, Human Rights and the Use of Force in International Law © Anne Orford 2003 Published in the United States of America by Cambridge University Press, New York,
• John P. Grant and J. Craig Barker. Parry & Grant Encyclopaedic Dictionary of International Law / -- 3rd ed. Copyright © 2009 by Oxford University Press, pp. 597-599.
• James R. Crawford (2007), "The Creation of States in International Law"• Dependent States and Other Dependent Entities', Published to Oxford Scholarship, pp. 25-64.