P F Tinmore, et al,
You pro-Palestinians bake these rights like they are cookies. Even the
Universal Declaration of Human Rights (UDHR) (non-binding) does not list either "inherent" or "inalienable" rights. All it says is that:
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Everything else is "man-made" and subject to religious, political and cultural interpretations. Sharia is different than Western Law. Justice is different in Muslim States than it is in Western States. Fair punishments are differnet in Western Law than Sharia.
The only "inherent" right is outline in International Law is found in
Article 51, UN Charter:
Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security.
P F Tinmore, et al,
This is so naive, that it is sad.
You have a really fucked up way of looking at things.
The Mandate gave sovereignty over a portion of the land to the Syrians and formed the State of Syria. Jewish people lived in Syria. Did the Mandate "take land away" from the Jewish people in order to create Syria?
First off, the Mandate could not "give" sovereignty to anyone. Sovereignty is the inherent, inalienable right of the inhabitants.
Nobody has the authority to change that.
The Mandates had no authority to take or give land. The land belonged to the sovereigns (the inhabitants) without distinction of race, religion, etc..
(COMMENT)
Basic Rule of the World: You are not rewarded for loosing!
First, you are confused as to who had received authority over the territories: (It certainly was not the "inhabitance as you say" --- that was illusionary.)
ARTICLE 16.
Turkey hereby renounces all rights and title whatsoever over or respecting the territories situated outside the frontiers laid down in the present Treaty and the islands other than those over which her sovereignty is recognised by the said Treaty, the future of these territories and islands being settled or to be settled by the parties concerned.
The provisions of the present Article do not prejudice any special arrangements arising from neighbourly relations which have been or may be concluded between Turkey and any limitrophe countries.
Yes, as a stand alone document, the Mandate doesn't carry sovereign authority. BUT --- it is not like the British or French Mandatories actually were hampered by that. If they actually need a piece of paper --- they would have written the paper themselves. Just who do you think they were going to ask? WHY!!! They would have the Big Three (US,UK, FR) for permission. They don't even need to ask the LoN; the US wasn't even a member of the League. It was influenced and run by the Allied Powers.
Second, depending on the actual date-time-group, the sovereign (the Ottoman Empire or Turkish Republic) relinquished the title and authority over the territory to the Allied Powers
(not some enemy Arab group, or not some enemy inhabitance). For all intent and purposes, the fate of the territories were in the hands of the Allied Powers. The right you keep referring to as inalienable or inherent, came from the Allied Powers. Prior the the creation of the UN (1945); theses rights were not recognized to exist as inalienable or inherent in any Islamic or Muslim country of Kingdom. Nor was it customary law.
Most Respectfully,
R
First, you are confused as to who had received authority over the territories: (It certainly was not the "inhabitance as you say" --- that was illusionary.)
The theory of popular sovereignty, the dominant theory that is the base for much international law, states that the people of the place are the sovereigns inside their defined territory. The Palestinians have the inherent, inalienable right:
To self determination without external interference.
To independence and sovereignty.
To territorial integrity.
As affirmed by subsequent UN resolutions.
How do all of your pages of foreign crap fit into this picture?
(COMMENT)
The concepts of "independence" and "sovereignty" --- with "self-determination without external interference" and "territorial integrity" are man-made rights : ((Not inherent and not inalienable.))
• Under
Chapter I, Articles 1 and 2 of the UN Charter; "independence" and "sovereignty" --- and they have limitations.
• While Article 2 of the Charter mentions "self-determination" and "territorial integrity" --- first stem from the
Theory of Westphalian Sovereignty (TWPS)(1648) and is a principle of international law that each nation state has sovereignty over its territory and domestic affairs. This would include the basic principle of non intervention of one state in the internal affairs of another state. The
Whether we talk about the Emperors of the Roman Empire 100 BC, the early Islamic conquests in the 7th century, or the Monarchies and Imperial Systems of the 17th thru 19th Centuries, OR today --- you will not find any consistent agreement between political entities, cultural societies, or religious regimes that have the same concept in Human Right.
TO YOUR QUESTION: How do all of your pages of foreign crap fit into this picture?
Your argument that somehow these imaginary rights you are attempting to apply at various decision points along the timeline, simply are not real. You cannot build your case that the Allied Powers did this or that in violation of this or that when the "rights" did not exist at that time. The TWPS applied just as equally to the Jewish People as it might have for the Arab Palestinian. As much as you would like to believe that the Hostile Arab Palestinian had some superior claim, special anointed right (inherent, inalienable, or otherwise), or other moral, legal or ethical argument ... the fact is, the customary law for thousands of years has to have settled these territorial disputes in a trail by combat; the victor wins all. Even today, the Hostile Arab Palestinian (HoAP), which made a solemn declaration before the United Nations, before God and history, that they will never submit or yield to any power going to Palestine to enforce partition; has been using terrorism, insurgencies and jihad to win by force that which they could not achieve through diplomacy. Both HAMAS and the PLO declared a Jihad and now the HoAP use every opportunity to fraudulently instigate or incite a conflict and then frivolously charge before the international community that they are being trounced in a manner that is unfair. This is all one and the same package.
Most Respectfully,
R