RE: The NEWER Official Discussion Thread for the creation of Israel, the UN and the British Mandate
⁜→ Hollie, P F Tinmore, et al,
BLUF: These are several fruits being mix here that confuse the issue(s).
◈ "Disputed Territory" 'vs' "Occupied Territory"
✦ Article 1 Protocol i GCIV provides that armed conflicts
in which peoples are fighting against colonial
domination, alien occupation or racist regimes
are to be considered international conflicts.
✦ Article 33 UN Charter
1. The parties to any dispute, the continuance of which
is likely to endanger the maintenance of international
peace and security, shall, first of all, seek a solution by
negotiation, enquiry, mediation, conciliation, arbitration,
judicial settlement, resort to regional agencies or
arrangements, or other peaceful means of their own choice.
2. The Security Council shall, when it deems necessary,
call upon the parties to settle their dispute by such means.
✦ Article 42 Hague Convention 1907
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.
◈ Responsibilities of the Occupying Power
✦ Articles 55
✦ Article 60
✦ Article 69 of Protocol I
◈ Prohibited Actions Article 49 GCIV
"Deportation or forcible transfer of population" means
forced displacement of the persons concerned by
expulsion or other coercive acts from the area in
which they are lawfully present, without grounds
permitted under international law;
Israel has its goons crawling all over the place but claims it is not occupied so it can duck out of the responsibilities of an occupying power.
You can't just say he said, she said and call it a day. One is right and the other wrong.
You have made no case that Israel is an occupying power.
(COMMENT on the REALITY)
HOW IT BECAME DISPUTED
The question posed by P F Tinmore is not a simple answer. It is entangled in the complexities that have arisen since more than a decade before the Jordanian Sovereign Territory (JST) of the West Bank became effectively controlled by the Israelis. For the period of time that the JST was under the effective control of the Israelis (1967-1988) the JST was essentially "occupied" under the conditions set in Article 42 HR (supra). The effective control was not marred by hostilities; under a mutual undeclared ceases fire. BUT, when the Jordanians totally abandon and openly renounced any title and obligation to the territory, it became an orphaned territory under the principle of terra nullius and in the absence of any Arab Palestinian government, it became a non-self-governing entity by peaceful default, an unincorporated territory under Israeli responsibility. It did not become an Occupied Palestinian Territory (OPT) as it became known because, at that time, the State of Palestine had not yet emerged. In effect, it reverted back to the original 1948 Mandate/Trustee System legal entity → but it was NOT THEN self-governing.
This is the thumbnail sketch of how it happened. But it does not tie-up the other loose end and peripheral issues.
Most Respectfully,
R
