P F Tinmore, et al,
This is historically wrong.
Oh, yes I did.
(COMMENT)
I answered several questions. I cited your question and answered it. You just don't like the answer. In fact you just copied the answer back.
Article 3 of the Montevideo Convention fits hand-in-glove with the principle of self-determination. And on 15 May 1948, when Israel use the declarative process (suggested and recommended by the UN), the boundaries to which it held sovereignty over became Israel.
Pursuant to Montevideo Convention, Israel was declared and defended it on 15 May 1948. Israel is where ever it defends its sovereignty.
Most Respectfully,
R
Of course what you say does not hold to the law as much as what I say.
Palestine was a state by 1924 per the LoN.
The Montevideo Convention of 1933 states: “The political existence of the state is independent of recognition by the other states.”[3] The International Court of Justice has held in the Genocide Convention case that it adheres to the declaratory view, in the sense that the failure to maintain effective control over territory does not extinguish the legal entity in the eyes of the United Nations.[4]
Sovereignty: two Competing Theories of State Recognition - William Worster - Exploring Geopolitics
Also
ARTICLE 4
States are juridically equal, enjoy the same rights, and have equal capacity in their exercise. The rights of each one do not depend upon the power which it possesses to assure its exercise, but upon the simple fact of its existence as a person under international law.
Montevideo Convention on the Rights and Duties of States
And my previous post implies that Palestine is still there.
So, where does Israel get legitimacy in Palestine?
How can Israel claim borders on Palestinian territory?
(HISTORICAL RECORD)
REPORT
BY HIS BRITANNIC MAJESTY'S GOVERNMENT ON THE ADMINISTRATION UNDER MANDATE
OF PALESTINE AND TRANSJORDAN FOR THE YEAR 1924. 31 December 1924
The ratification of the Treaty of Lausanne in August, 1924, finally regularised the international status of Palestine as a territory detached from Turkey and administered under a Mandate entrusted to His Majesty's Government.
The terms of the Mandate had been approved in anticipation by the Council of the League of Nations in 1922, and the Mandate had been brought into operation by resolution of the Council in 1923. A first report on the administration of the territory, covering the period from July, 1920, to the end of 1923, was presented to the Permanent Mandates Commission of the League by His Majesty's Government, and was considered by the Commission at their session at Geneva in October, 1924. On their invitation, the High Commissioner for Palestine attended that session, and gave evidence, in answer to questions, extending over six sittings. The Report of the Commission was approved by the Council of the League and has been made public.
(COMMENT)
There is this constant misinterpretation on the impact the Treaty of Lausanne had and the intentions of the League of Nations. I do not know where you get this idea that something in 1924 affirmed a new state of Palestine. That is simply not the case and was never the intention of the league Members.
Israel declared independence in 1948, after the using the principle of self-determination. No matter what you might think, or however you want to spin and twist reality, the fact is, that Israel is a country with the competence of a state. They declared it and they defended it (more than once).
It is my opinion that it is the Israeli population’s right to self-determination which takes precedence over and above any claims of sovereignty the Hostile Arab Palestinians might submit.
BUT once more. Nothing in 1924 gave the former enemy population any authority for statehood or sovereignty that was renounced by the former sovereign power to the Allied Powers over the territory of Palestine as defined by the Allied Powers.
Most Respectfully,
R