RE: Who Are The Palestinians? Part 2
※→ P F Tinmore, et al,
I am sure that you are skirting around the issue here just a bit. In the broad sense
(and up and until 2015) and legally attributable, the UN
(UNSC+UNGA) and the EU consider the West Bank
(including Jerusalem) and the Gaza Strip to be occupied. Although that is becoming ever more a revisited question given the continued inability for the principal belligerents to re-open
(meaningful) negotiations. Some outside observers even question the reality of a stable and formal government in Palestine, given the factional end-fighting and the inability to peacefully change administrations over the government after elections.
There are many who put forth the question if the Arab Palestinians ever had sovereign control over any parts of the West Bank
(including Jerusalem) and the Gaza Strip; with the possible exception of territory designed as Area "A."
SIDEBAR ISSUE: If the Arab Palestinians never established Sovereign Control, who or what is actually being "occupied." Some suggest that on 1 August 1967, the Israel came into effective control over the West Bank (including Jerusalem) and the Gaza Strip as Terra Nullius [in international law, a territory over which Jordan (the prior sovereign) has expressly or implicitly relinquished sovereignty]. By law, is it:
• Occupied Palestinian Territory?
• Occupied Territory Terra Nullius?
Given that the Palestine Liberation Organization (PLO) did not yet make a Declaration of Independence, the question becomes, is Palestine a true sovereign state? Or is it a territory that failed to achieve independence?
It is true that a temporary occupation until public order and safety are restored is legal. However, occupying powers have obligations and restrictions. Israel violates virtually all of them. Israel's settler colonial project has nothing to do with restoring public order and safety.
I don't believe that there are any laws that specifically address settler colonialism, however, the processes involved do run afoul of international law. It is these illegal processes that the Palestinians fight against and it is their right to do so.
(COMMENT)
As it appears that you are a bit confused on the use of the word "illegal" and what laws are involved with respect to the Israeli-Palestinian Conflict and the associated occupation.
If you are going to talk about, what is "legal" or "illegal," it is important that you select the appropriate law to discuss. Otherwise, the discussion and your words become unsupportive to your cause.
Most Respectfully,
R