- Dec 6, 2009
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Don't blame me for you missing the point.You missed the point.RE: Who Are The Palestinians? Part 2
⁜→ P F Tinmore, Hollie, et al,
Here you are again with the unknown "talking points" comment.
You know as well as I do, that the status on the Question of Palestinian Statehood is still not confirmed by the courts. I cannot count the number of times I have mentioned this in commentary on the Situation in the State of Palestine. Did YOU READ Hollie's commentary on the subject (Posting #15841)?
It has been a month (or so) that the ICC Pre-Trial Chamber invites Palestine, Israel, interested States and others to submit observations and an amicus curiae.
See: No.: ICC-01/18 Date:13 February 2020.
(COMMENT)Stupid post.
How many Israelis are old enough to "return" to someplace in Palestine where they have once lived?
A double standard of epic proportions.
I would ask you to open your eyes. It appears that at least six countries have filed an amicus brief that argues the court’s jurisdiction did not extend to the Palestinian territories.
What you consider to be "facts" about the Status of Palestine, may not be fact at all. But what I find interesting is that The Grand Duchy of Luxembourg, which is trying to rally for the Arab Palestinians is not having much luck. Although they condemn Germany's amicus brief, it is unclear if the Grand Duchy has submitted a brief of its own position.
(ON THE MATTER OF THE RIGHT OF RETURN)
The Customary Law on the concept of the "Right of Return" (RoR) is based on the Customary Law on the definition of the refugee, the displaced person, or the application of Civil and Political Rights. None of which are the same as what you give in context. The simplest of these is the Covenant:
Article 12
• International Covenant on Civil and Political Rights •
1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
⁜→ You would be hard pressed to find anyone in that picture that is 70 years old or older. That is how old you have to be in order to be even remotely considered under the Cuswtomary RoR. This is not a double standard because, since 1948, it was sovereign Israeli Territory with its own domestic laws. Something that the Arab Palestinians have not yet established.2. Everyone shall be free to leave any country, including his own.
⁜→ Everyone is free to leave Israel. And just as similar, everyone is free to leave the West Bank, Jerusalem, and the Gaza Strip. BUT, non-Israeli citizens need Israeli permission to transit Israeli Territory. This is the exact same principle that is used in almost every country in the Middle East and North Africa; the US, the UK, the Russian Federation, etc, etc, etc....3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (order public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.
⁜→ The travel, entry and exit of Israel is covered by domestic law --- the same as nearly every country in the Northern Hemisphere. 4. No one shall be arbitrarily deprived of the right to enter his own country.
⁜→ Israeli domestic law on these matter are very specific and NOT arbitrary.
There is no law, domestic or international that singles-out that Arab Palestinians for special restrictions. If they meet the criteria, they can get permission to enter. BUT keep in mind that the Covenant on Civil and Political Rights also says:
Article 20
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
Article 21
The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.
That means that most Arab Palestinians are going to have trouble with the national security or public safety, public order issues. And Any Arab Palestinian who commit an offense which is solely intended to harm the Occupying Power, is going to have trouble meeting the entry criteria under international law; before they are even considered under Israeli domestic Law. In fact, most of the Arab Palestinians that have been pictured in these photos will never be able to transit Israeli Sovereign Territory without a very close scrutiny. The same can be said for those that have been arrested for any of the 19 International Counter-Terrorism Covenants.
(DOUBLE STANDARD)
None!
Most Respectfully,
RThe Right of Return has nothing to do with tourism or immigration. It is about where people belong under international law.There is no law, domestic or international that singles-out that Arab Palestinians for special restrictions. If they meet the criteria, they can get permission to enter.
Nice try, but there's no such right.
Legally a nation cannot be forced to accept a hostile population.
No surprise.
But nothing to refute,
how surprising.
Got more of that wisdom?