RE: Who Are The Palestinians? Part 2
⁜→ P F Tinmore, et al,
BLUF: No matter what the figure maybe, this is an extremely unreasonable issue to even give consideration. And what is more powerful to the outcome is that the Arab Palestinians won't even consider possible alternatives to this issue.
Your clear implication is that Israel did not meet these recommendations on citizenship and full political and civil rights. So I ask you to clarify, Find or identify for me the Arabs and Jews who, were "citizens" of the new state that did not get their rights by law.
750,000 Palestinian refugees. Their normal residence was in territory that became Israel.
(COMMENT)
There were many, many reasons for these streams of refugees, displacement, and movement. Again, in 1948, the Binding Laws, Covenants, and Treaties that address these issues were nonexistent. The "Right of Return" (as the Arab Palestinians refer to it) did not exist then and to a large extent is not now. While Article 12 of the International Covenant on Civil and Political Rights (CCPR) has an impact, it was subject to exceptions. Clearing the table of all other hidden agendas, political motivations, and requirements to remove populations from areas of hostilities and combat, there are still important exceptions:
◈ Article 24 • Non-retroactivity ratione personae • Rome Statute of the International Criminal Court
1. No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute. The CCPR entered into force in 1976.
2. In the event of a change in the law applicable to a given case prior to a final judgement, the law more favourable to the person being investigated, prosecuted or convicted shall apply.
❖ It does not matter as to whether you are discussing the 18 Act of Aggression (1948) by the Arab League - or - the Six-Day War (1967), you cannot apply criminal sanctions retroactively on Israel.
◈ Article 12 • International Covenant on Civil and Political Rights (CCPR)
Rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.
❖ Israel has the right to sift-out any border-crosser know to have been a member of any Jihadist, Fedayeen Activist, Hostile Insurgents, Radicalized Islamic Followers, and Asymmetric Fighters that engaged in "criminal acts" directed against Israel, intended or calculated to create "terror" in the minds of the citizenry and general public. This would weed-out nearly every Gazan, and near 85% of the Arab Palestinians in the West Bank.
◈ Article 20 • International Covenant on Civil and Political Rights (CCPR)
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.
❖ This would apply to nearly thousands and thousands of those Hostile Arab Palestinians that advocated escalations in confrontations.
◈ Article Ic3 Convention Relating to the Status of Refugees • Resolution 2198 ( XXI )
Shall cease to apply to any person who has acquired a new nationality, and enjoys the protection of the country of his new nationality;
❖ How many Arabs in Palestine or the Gaza Strip claim to be "Palestinian Citizens."
Even if you attempt to apply contemporary law and obligations to the situation, Israel has some pretty persuasive arguments in defense of its actions. Now, is Israel always in the right? (RHETORIC) NO! Clearly, some of the actions had a political hidden motivator. And then there is the twin issues of "Defensible Borders" and the undependable posture of the Arab Palestinians to keep the peace.
No Dancing around your questions and implications. This is not the first time we've discussed this...
Most Respectfully,
R