The genius of the UN's resolution on Israeli settlements

Both Labor and Likud governments have funded settlers, many religious extremists, and gifted them the best land.

Meanwhile, Palestinians are denied building approval for homes, even a chicken coop. If in Area C they throw up a granny flat it's promptly demolished by army bulldozers.


The genius of the UN's resolution on Israeli settlements
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Housing Units and Double Standards
Where is Obama’s outrage at the Palestinians building 15,000 illegal housing units?
December 30, 2016
Joseph Puder
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A special regime between Israel and the Palestinians is set out in a series of agreements negotiated between 1993 and 1999 that are still valid – that govern all issues between them, settlements included. In this framework there is no specific provision restricting planning, zoning, and continued construction by either party. The Palestinians cannot now invoke the Geneva Convention regime in order to bypass previous internationally acknowledged agreements.”

Naturally, nothing has been said by the Obama administration about the illegal Arab-Palestinian construction of settlements in the West Bank and Jerusalem. Bassam Tawil, a Gatestone Institute scholar based in the Middle East pointed out that, “Apparently, settlements are only a ‘major obstacle to peace’ when they are constructed by Jews. The EU and some Islamic governments and organizations are paying for the construction of illegal Palestinian settlements, while demanding that Israel halt building new homes for Jewish families in Jerusalem neighborhoods or existing settlements in the West Bank. The hypocrisy and raw malice of the EU and the rest of the international community toward the issue of Israeli settlements is blindingly transparent. Yet we are also witnessing the hypocrisy of many in the Western mainstream media, who see with their own eyes the Palestinian settlements rising on every side of Jerusalem, but choose to report only about Jewish building.”

Tawil rhetorically asked “Who is behind the unprecedented wave of illegal construction? According to Arab residents of Jerusalem, many of the ‘contractors’ are actually land-thieves and thugs who lay their hands on private Palestinian-owned land or on lands whose owners are living abroad. But they also point out that the EU, the PLO and some Arab and Islamic governments are funding the project. ‘They spot an empty plot of land and quickly move in to seize control over it,’ said a resident whose land was confiscated by the illegal contractors.”

Arab-Palestinian construction is not only illegal but unsafe as well. While the construction of Jewish settlements in Judea and Samaria has long been carried out with proper licenses, and within the framework of the law, the Arab-Palestinian construction does not begin to meet even the minimum standards required by engineers, architects, and housing planners. The Palestinian Authority’s (PA) goal is to create irreversible facts on the ground. Moreover, half the apartments built remain empty, in spite of the ludicrous price tag of $25,000 - $50,000 per unit, when comparable Jewish housing is $250,000 and up. The answer is, of course, the EU funding. These homes have been built without permits, corroborated by the fact that unauthorized or illegal building by Palestinians is an ongoing problem in Area C, solely under Israeli control.

It is the same EU countries who voted to declare the Western Wall of Solomon’s Temple , and the Jewish Quarter in Jerusalem as “Palestinian territory” at last Friday’s vote (December 23, 2016), funded Palestinian housing, while repeatedly condemning Israeli construction due to family enlargement. Yet, in the Oslo Accords framework there is no specific provision restricting planning, zoning, and continued construction by either party in Judea and Samaria. The difference is that Jewish construction is done lawfully, legally, and safe, while the Palestinian construction is unlawful, unsafe, and serves one purpose only - to avoid negotiating with Israel a peaceful disposition of the territories called Judea and Samaria.

The UN, Britain and the Obama administration expressed outrage last October at Israel’s plan to construct 300 new homes in Judea and Samaria, but no such outrage at the genocide in Syria, or the building of 15,000 illegal Palestinian housing units in areas surrounding Jerusalem as part of a plan to encircle the city. The Obama administrations deliberate abstention in last Friday’s vote, which was akin to voting “yes” for this notoriously anti-Israel biased resolution, is inimical to Israeli-Palestinian peace, and will serve to further encourage the PA to incite against the Jewish state, while avoiding a negotiated settlement with Israel. It also exposes the double-standard used by the Obama administration in dealing with Israel.

Housing Units and Double Standards

You are a hoot, and it explains how you bastards think we are so darn stupid you can spout any sort of propaganda you want. Even if true, and I doubt it, the Jews are building on occupied territory, the Palestinians are not building in Israel.
Interesting way to prove your own point: that you're stupid.

First, you rattle on about "propaganda", "even if it's true".

You are a hoot.
 
P F Tinmore, et al,

Oh, I don't think so. The Vienna Convention on Succession of States in Respect of Treaties did not come into effect until 1978 (three decades later). It really doesn't apply retroactively, unless a decision under the color of law, were come to pass.

This period is an example of a disputed between Civil War Factions on a matter of "self-determination."
An attack on the natives by foreign colonialists is not a civil war.
forced transfers or expulsions of ethnic minorities were common and, --- there was very little (if any) CIL requiring repatriation in the aftermath of a forced expulsion.
Not true. The rules of state succession and the UN Charter were in force.
(COMMENT)

You are correct, but the UN Charter (I cannot find any clause dealing with State Succession) was not applicable (and still is not now applicable) to theater situations in which two factions with the same citizenship (under the 1925 Palestine Citizenship Order) were in conflict on the same territory as the citizenship was sourced. Article 2(7) prevents the UN from intervening in matters which are essentially within the domestic jurisdiction (People of a Palestinian Citizenship - against - People of Palestinian Citizenship); one Arab and one Jewish. Now, when the Arab League crossed the line of departure and opened up hostilities (International Armed Conflict IAC) --- using an Armed Force (comprised multiple states and deployed on foreign soil) against the territorial integrity or political independence the State of Israel, defying the Resolution and Charter of the General Assembly --- in a deliberate effort to undermine the Jewish Peoples "Right-to-Self-Determination: THEN the UN could intercede under Chapter VII.

There was no attack by a foreign power until the Arab League Nation exited their sovereign territory and began its assault on Israel.

More relevant would have been UN General Assembly 12/11/1948 A/RES/194 (III) Palestine question - UN Mediator report, Conciliation Commission to be established, Jerusalem status, refugees - GA resolution 194. While the legal relevance of the Resolution is that it is non-binding --- if it is not questionable (it is a Matter of Record) to carry on a false argument where one assumes as proved is the very point that is being argued, has already been asked and answered. Its introduction would loosely be, to evade the issue at hand.

Most of the original refugees are deceased. A vast percentage of Refugees are of the derivative variety. This question is all the more intricate as, since 1948, the notions of return and of its alternatives, i.e. compensation and resettlement, have been left largely undefined by Palestinian and Arab policy-makers; who have set the bar on the prerequisites to Treaty of Peace Negotiations unattainable. Given the experience as presented by the unilateral withdrawal by Israelis, what assurances do the Arab Palestinians make towards peace.

Most Respectfully,
R
 
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What's Israel going to do to NZ, get caught again stealing more passports?

Sorry but NZ have a backbone and can decide their own course......The Australian Conservative Govenment changed its policy,quietly without anyone knowing a few years ago fro pro Palestinian support to pro Israel......ZIONIST ,as that lobby had worked relentlessly to change the Governments mind....So Shameful by the Australian Government.

As for NZ...they took on the French (Raibow Warrior) and beat them,they took on the Amricans and never cowerd(No nuclear ships in NZ ports)and beat them.

Some of you know not that Women in NZ were the first to be emacipated and get the vote.....They are a proud people and independent....They would'nt give a stuff what Zionists think,you know those people who cut off their male childrens foreskins(Barbaric,in this day and age!!!)

Threats from Israel means Fuck all to most people around the world and Israels treats are treated like a joke because we all know how these two bit Jews have and are stealing by stealth and sneakiness month by month,year by year.....who the fuck are these Jews anyway..a load of converts to Judaism from fcuk knows where.....even the Synthetics on here don't know where the are from.....Well it ain't Palestine for sure.....and that is the Crime of the Jews stealing Palestine ....the Jews today have no physical or mental connection to this place ...they all converted to this Religion called Judaism...Jews ??!!! in Israel are a Hoax because most are Synthetic not Real at all........by the Palestinians are really with a few genuine Jews the Real Semitic People.....Guys like Pheo etc., say the weirdest things like Anti Semitic is Anti Zionism....Zionism only started in the 1890's by a Athiest Jew(WHAT AN IRONY) has nothing to do with Semitism but Zionists must be the most Deluded Cult on the Planet......So MAD and Too MAD that they assume that they are Gods chosen





No withdraw its ambassador and then expel the whole embassy staff of NZ as enemy agents
 
What's Israel going to do to NZ, get caught again stealing more passports?

Sorry but NZ have a backbone and can decide their own course......The Australian Conservative Govenment changed its policy,quietly without anyone knowing a few years ago fro pro Palestinian support to pro Israel......ZIONIST ,as that lobby had worked relentlessly to change the Governments mind....So Shameful by the Australian Government.

As for NZ...they took on the French (Raibow Warrior) and beat them,they took on the Amricans and never cowerd(No nuclear ships in NZ ports)and beat them.

Some of you know not that Women in NZ were the first to be emacipated and get the vote.....They are a proud people and independent....They would'nt give a stuff what Zionists think,you know those people who cut off their male childrens foreskins(Barbaric,in this day and age!!!)

Threats from Israel means Fuck all to most people around the world and Israels treats are treated like a joke because we all know how these two bit Jews have and are stealing by stealth and sneakiness month by month,year by year.....who the fuck are these Jews anyway..a load of converts to Judaism from fcuk knows where.....even the Synthetics on here don't know where the are from.....Well it ain't Palestine for sure.....and that is the Crime of the Jews stealing Palestine ....the Jews today have no physical or mental connection to this place ...they all converted to this Religion called Judaism...Jews ??!!! in Israel are a Hoax because most are Synthetic not Real at all........by the Palestinians are really with a few genuine Jews the Real Semitic People.....Guys like Pheo etc., say the weirdest things like Anti Semitic is Anti Zionism....Zionism only started in the 1890's by a Athiest Jew(WHAT AN IRONY) has nothing to do with Semitism but Zionists must be the most Deluded Cult on the Planet......So MAD and Too MAD that they assume that they are Gods chosen





No withdraw its ambassador and then expel the whole embassy staff of NZ as enemy agents
 
• 05/22/1948
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S/RES/49 (1948) S/773 Military operations in Palestine/Cease-fire order/Truce Commission/Jerusalem - Security Council Resolution

There was no attack by a foreign power until the Arab League Nation exited their sovereign territory and began its assault on Israel.
You are still pimping Israeli propaganda. From your link:

The Security Council,

Taking into consideration that previous resolutions of the Security Council in respect to Palestine have not been complied with and that military operations are taking place in Palestine,

1. Calls upon all Governments and authorities, without prejudice to the rights, claims or positions of the parties concerned, to abstain from any hostile military action in Palestine and to that end to issue a cease-fire order to their military and paramilitary forces to become effective within thirty-six hours after midnight New York standard time on 22 May 1948;​

There is nothing in here about any attack on Israel or any fighting in Israel.
 
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P F Tinmore et al,

OH, for crying out loud!

Oh, I don't think so. The Vienna Convention on Succession of States in Respect of Treaties did not come into effect until 1978
Conventions do not create law. They define and compile existing law. State succession had been around for a long time. It was in the Treaty of Lausanne. It was in the Palestinian citizenship order. It was in Resolution 181.

So don't pull the expost facto thing.
(REFERENCEs)

Sources of International Law
The generally recognized authoritative statement on the sources of international law is the Statute of the International Court of Justice (ICJ), Article 38, which specifies that the Court, in deciding disputes, shall apply:
  • international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
  • international custom, as evidence of a general practice accepted as law;
  • the general principles of law recognized by civilized nations;
  • subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.
The first three of these--treaties, custom, and principles of law--are sometimes referred to by lawyers and librarians with a common law background as "primary sources" of international law. The last two--judicial decisions and the teachings of publicists--are sometimes referred to as "secondary sources" or evidence of international law rules.

Note that case law is considered only a "subsidiary means." Even the decisions of the ICJ itself do not create binding precedent.

The decision of the Court has no binding force except between the parties and in respect of that particular case. (Article 59)

Note, also, that "teachings of publicists" now include the work of organizations such as the International Law Commission and private institutions.

More recent discussions of the sources of international law, recognizing the growing role of international organizations, include the resolutions and other acts of international governmental organizations, such as the United Nations, as sources or evidence of international law.

a) International Conventions (Treaties)
Treaties are the single most important source of international law. For guides to treaty research and collections of treaties, see our web page for Treaties and Treaty Research . Some major treaty collections are:
The five that are most quoted in our discussion and are Major Examples:

International Covenant on Economic, Social and Cultural Rights
Adopted and opened for signature, ratification and accession by
General Assembly resolution 2200A (XXI) of 16 December 1966
entry into force 3 January 1976, in accordance with article 27

International Covenant on Civil and Political Rights
Adopted and opened for signature, ratification and accession by
General Assembly Resolution 2200A (XXI) of 16 December 1966
entry into force 23 March 1976, in accordance with Article 49


Convention (IV) respecting the Laws and Customs of War on Land and its annex:

Regulations concerning the Laws and Customs of War on Land.
The Hague, 18 October 1907 entered into force 26 January 1910


Convention (IV) relative to the Protection of Civilian Persons in Time of War.
Diplomatic Conference of Geneva of 1949, Adopted 12 August 1949
Geneva, 12 August 1949. entered into force 21 October 1950

United Nations Convention on the Law of the Sea (UNCLOS) of 10 December 1982

opened for signature on 10 December 1982 in Montego Bay, Jamaica
UNCLOS entered into force in accordance with its article 308 on 16 November 1994,

An easy way for you to tell whether something ascended into law is to look for the date it entered into force. An example of one that is NOT published within the power of law is:

I'm not exactly were your confusion rests or stems from. Treaties (sometimes called agreements, conventions, exchanges of notes or protocols) between States – or --- between States and international organizations.They are not derivative in nature, but rather, a primary source. But the central difference is that Treaties, in all its forms, represents an obligation under law; but only to members that are a party to the Treaty.

Most Respectfully,
R



 
1. Calls upon all Governments and authorities, without prejudice to the rights, claims or positions of the parties concerned, to abstain from any hostile military action in Palestine and to that end to issue a cease-fire order to their military and paramilitary forces to become effective within thirty-six hours after midnight New York standard time on 22 May 1948;​

There is nothing in here about any attack on Israel or any fighting in Israel.

So....your claim is that when it calls upon all Governments, that the Government of Israel is specifically excluded?

The resolution calls upon all Governments (Israel, Jordan, Egypt, Syria, etc) to stop military action in the geographical area of Palestine.
 
Actually, the "the inadmissibility of the acquisition of territory by force," is generally considered true.
Indeed, and all of Israel was acquired by military force.
Indeed, you're forever befuddled. Indeed, Israel was created with defense of its sovereign territory from the assault of Islamist armies.

Indeed, you have a deficit of historical knowledge.
Shameful Post
 
1. Calls upon all Governments and authorities, without prejudice to the rights, claims or positions of the parties concerned, to abstain from any hostile military action in Palestine and to that end to issue a cease-fire order to their military and paramilitary forces to become effective within thirty-six hours after midnight New York standard time on 22 May 1948;​

There is nothing in here about any attack on Israel or any fighting in Israel.

So....your claim is that when it calls upon all Governments, that the Government of Israel is specifically excluded?

The resolution calls upon all Governments (Israel, Jordan, Egypt, Syria, etc) to stop military action in the geographical area of Palestine.
The Zionist colonial war against the Palestinians and the 1948 war with the Arab countries were two different wars.
 
The resolution calls upon all Governments (Israel, Jordan, Egypt, Syria, etc) to stop military action in the geographical area of Palestine.
Indeed. No mention of fighting in Israel.
 
1. Calls upon all Governments and authorities, without prejudice to the rights, claims or positions of the parties concerned, to abstain from any hostile military action in Palestine and to that end to issue a cease-fire order to their military and paramilitary forces to become effective within thirty-six hours after midnight New York standard time on 22 May 1948;​

There is nothing in here about any attack on Israel or any fighting in Israel.

So....your claim is that when it calls upon all Governments, that the Government of Israel is specifically excluded?

The resolution calls upon all Governments (Israel, Jordan, Egypt, Syria, etc) to stop military action in the geographical area of Palestine.
The Zionist colonial war against the Palestinians and the 1948 war with the Arab countries were two different wars.

Im not aware of any Zionist colonial war against the Palestinians™. Is this yet another conspiracy theory of yours?
 
1. Calls upon all Governments and authorities, without prejudice to the rights, claims or positions of the parties concerned, to abstain from any hostile military action in Palestine and to that end to issue a cease-fire order to their military and paramilitary forces to become effective within thirty-six hours after midnight New York standard time on 22 May 1948;​

There is nothing in here about any attack on Israel or any fighting in Israel.

So....your claim is that when it calls upon all Governments, that the Government of Israel is specifically excluded?

The resolution calls upon all Governments (Israel, Jordan, Egypt, Syria, etc) to stop military action in the geographical area of Palestine.
The Zionist colonial war against the Palestinians and the 1948 war with the Arab countries were two different wars.
She's stupid Tinnie
 
1. Calls upon all Governments and authorities, without prejudice to the rights, claims or positions of the parties concerned, to abstain from any hostile military action in Palestine and to that end to issue a cease-fire order to their military and paramilitary forces to become effective within thirty-six hours after midnight New York standard time on 22 May 1948;​

There is nothing in here about any attack on Israel or any fighting in Israel.

So....your claim is that when it calls upon all Governments, that the Government of Israel is specifically excluded?

The resolution calls upon all Governments (Israel, Jordan, Egypt, Syria, etc) to stop military action in the geographical area of Palestine.
The Zionist colonial war against the Palestinians and the 1948 war with the Arab countries were two different wars.

Im not aware of any Zionist colonial war against the Palestinians™. Is this yet another conspiracy theory of yours?
One ignorant answer after another YAwn
 
The Zionist colonial war against the Palestinians and the 1948 war with the Arab countries were two different wars.

Um. Well, okay. But that would put you as agreeing with Rocco that the war was an internal civil war between Jewish Palestinians and Arab Palestinians until the Arab countries crossed international boundaries to interfere, which they had no business doing.
 
The Zionist colonial war against the Palestinians and the 1948 war with the Arab countries were two different wars.

Um. Well, okay. But that would put you as agreeing with Rocco that the war was an internal civil war between Jewish Palestinians and Arab Palestinians until the Arab countries crossed international boundaries to interfere, which they had no business doing.
You need to keep up.
 
P F Tinmore, et al,

There are some things, events, and occurrences that can be analyzed (to some extent) individually. But there are other such things, events, and occurrences that must be looked at as a part of a systematic outcome driven by political steps taken along a continuous timeline. The outcome is NOT the result of a single event factor, but in the case of the Jewish-Arab interaction, is an end-state through the culmination of a steady stream of events over a sustain period. Event the word Zionist has evolved; having an evolutionary change in meaning from the “Zionism” as a theoretical concept coined by Nathan Birnbaum in 1890 --- through the "Zionism" of Theodor Herzl as an initial organization in 1897; through the embryonic steps towards the reinstitution of a Jewish homeland under Theodor Herzl, and the developed and active reanimation of Jewish Nationalism, led by Chaim Weizmann.

To see the formation of a colony or settlement as the result of immigration is not the same thing as colonialism as a means of extending the sovereignty of the facilitator or the development of a hegemony by a world power. To suggest that notion and describe the development and rise of Jewish Nationalism is childlike association. The Jewish State of Israel --- today, and the predicament the Arab Palestinians find themselves in today, is one of many possible outcomes that could have occurred as the result of a cascade series of events --- some seen as good, others events seen as bad, and still other occurrences seen as both good and bad, depending on the agenda of the observer and record keeper.

To say that the "Zionist colonial war against the Palestinians" --- and the "1948 war with the Arab" are (as you say) "two different wars" is (in part) false; a description that is to discount many factors leading up through today. And a simplistic view of a very rapidly changing political landscape. and

1. Calls upon all Governments and authorities, without prejudice to the rights, claims or positions of the parties concerned, to abstain from any hostile military action in Palestine and to that end to issue a cease-fire order to their military and paramilitary forces to become effective within thirty-six hours after midnight New York standard time on 22 May 1948;​

There is nothing in here about any attack on Israel or any fighting in Israel.

So....your claim is that when it calls upon all Governments, that the Government of Israel is specifically excluded?

The resolution calls upon all Governments (Israel, Jordan, Egypt, Syria, etc) to stop military action in the geographical area of Palestine.
The Zionist colonial war against the Palestinians and the 1948 war with the Arab countries were two different wars.
(COMMENT)

There was no "colonial war." (NO SUCH THING) Typically, a "Civil War" is a Non-International Armed Conflict between two or more opposing factions within the same citizenship.

•• "non-international armed conflicts, between governmental forces and nongovernmental armed groups, or between such groups only." SOURCE: How is the Term "Armed Conflict" Defined in International Humanitarian Law?
Dr Chaim Weizmann was one of the three Zionist leaders (along with Theodor Herzl and David Ben-Gurion).
The Territory was under the Allied Powers Title and Rights as surrendered by the Ottoman Empire/Turkish Republic.

• The Allied Powers, had the authority that goes with the Title and Rights, established an Immigration Policy.
• The Allied Powers, tasked the Mandatory Power to establish, in Palestine, a national home for the Jewish people.
• The Immigration Policy was to help facilitate the reconstitution of the Jewish National Home.
The 1948 War (of Jewish Independence) was a continuation of the NIAC (Civil War) as it transitioned to an International Armed Conflict (IAC) consisting of one Jewish State opposing elements of the Arab League Armed Forces (a coalition of 6 Arab League States). The intervention by the Arab League Coalition Forces set the opportunity from the member to Occupy and extend sovereign control (Egypt and Jordan).

Most Respectfully,
R
 
• The Allied Powers, had the authority that goes with the Title and Rights, established an Immigration Policy.

Wrong, the Allied Powers were required, pursuant to the Covenant of the League of Nations, to insure the well-being and development of the inhabitants, who at the time of writing were 95% non-Jewish.

ARTICLE 22.
To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilisation and that securities for the performance of this trust should be embodied in this Covenant.

• The Allied Powers, tasked the Mandatory Power to establish, in Palestine, a national home for the Jewish people.

Wrong

This ran contrary to the Covenant of the League of Nations and even if it did not contravene the Covenant the Allied Powers were responsible for:

"safeguarding the civil and religious rights of all the inhabitants of Palestine, irrespective of race and religion."

Which they clearly did not.

• The Immigration Policy was to help facilitate the reconstitution of the Jewish National Home.

Wrong

The Immigration Policy contravened the require to safeguard the civil and religious rights of the non-Jewish inhabitants of Palestine in favor of non-inhabitants, i.e. inhabitants of Europe.

Clearly, this was a travesty of justice ann international of the time.
 
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