RE: What does "from the river to the sea, Palestine must be free" mean?
⁜→ Shusha, Coyote, et al,
Yeah, the problem here is that our language has not yet evolved to cover some of these situations. Just as new types of situation come about for which there is no specific law.[/quote
It isn’t an argument of rights of self-determination. Those rights are on hold in Area C until it’s status is resolved on way or another.
(COMMENT)
All peoples have the Right to Self-Determination.
Well, that is all debatable. Because Area "C" is, by Arab Palestinian agreement, under civil and security control of the Israelis, there is a negative impact on sovereignty. That means that it cannot be sovereign to the Arab Palestinians. Why? Because to have territorial sovereignty the Arab Palestinians must be able to exercise full control, to the exclusion of Israel or any other power
(organizational or national).
Now, can that change? Yes, there is a Resolution of Disputes Process (which covers both Oslo Accords) which the Arab Palestinians have never taken advantage. → AND → The entire issue of "settlements are covered under the "Permanent Status of Negotiations" which was agreed to by both sides. Article V(3) of Oslo Accord One says in part:
It is understood that these negotiations shall cover remaining issues, including:
◈ Jerusalem,
◈ refugees,
◈ settlement,
◈ security arrangements,
◈ borders,
◈ relations and cooperation with other neighbors,
◈ and other issues of common interest.
Neither side has really wanted to exercise negotiations for differing reasons. But the mechanism for a solution has been there for all these problems for decades.
The Jewish people are already exercising their rights of self-determination in the sovereign nation of Israel.
(COMMENT)
There is no limitation on the number of times the "Right of Self-Determination" can be exercised. Why? Because it is undefined and effects the outcome of the various national struggles shifting of boundaries, and the means used to establish territory.
US Institute for Peace said:
...self-determination, which is included in many international human rights documents, but from the failure of those documents to define exactly who is entitled to claim this right — a group, a people, or a nation—and what exactly the right confers.
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Unfortunately, turning to international legal standards on the right to self-determination does not resolve the problem, since the right has never been explicitly defined.
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US policy interests in the self-determination debate beg a preliminary question: What exactly does the United States care about with regard to self-determination movements—the outcome of the struggle (i.e., the shifting of boundaries and the proliferation of states) or the means used to obtain it (i.e., the violence that frequently accompanies such struggles)? Unfortunately, American diplomacy often cannot decide between these two interests, making a response that much more difficult to formulate. Generally, though, the United States should be less concerned about outcomes in these struggles than about the means used; international political stability is more likely to be maintained by
focusing on the process than by trying to manipulate events to arrange a predetermined outcome.
SOURCE: • Self-Determination, Sovereignty, Territorial Integrity and the Right to Secession • by Patricia Carley - US Institute for Peace - A Report from the Roundtable Held in Conjunctions with the US Department of State.
Having said that, the US will take what measures are appropriate if US Interests are involved. As will all the Major Powers; and sometimes attempts by would be power
(ie North Korea, Iran) to see how far they can go.
Now hold on a minute. Are the rights on hold in Area C or is Area C land illegally captured in war by Israel and rightfully belonging to someone else?
In other words, is the land disputed or is it occupied? You are making both arguments here and I want to know which you hold to.
(COMMENT)
That is because in any new realm of law, arguments like these undefined matters can be argued from a number of different directions. If it were as cut'n'dry as some make it out to be, it would have been resolved already...
There is the rule of "successive approximations." But at some point, the next approximation becomes insignificant.
One more point: Language like "captured in war" is of no value; no value at all. Why? Because the questions arise as to whether is was captured by the "Aggressor" of "Defender." And war is not the Customary and IHL term. It is either an international armed conflict (IAC) or a Non-International Armed Conflict (NIAC). And sometimes different rules and interpretations apply. And, most International Laws are questionable in the case of a NIAC because of the very nature in the intent of: What is an NAIC? This becomes important when you consider that: "Nothing contained in the present [UN] Charter shall authorize the United Nations to intervene in matters which are essentially within the
domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll." So when the Arab Palestinians argue that the territory, formerly under the Mandate, was their territory, then you are talking about a conflict within a "domestic jurisdiction."
This is what the military calls political tanglefoot.
Most Respectfully,
R