RE: Who Are The Palestinians? Part 2
SUBTOPIC: Creation and Legal Considerations
⁜→ Rigby5, et al,
BLUF: You have this entirely wrong.
Jerusalem was always in Palestine, which was a territory of the Ottoman Empire until the Treaty of Sevres created it in 1920.
(COMMENT)
The Treaty of Sevres (1920) was never ratified by the Turkish Government and subsequently was replaced by the Treaty of Lausanne (1924).
Even if the Treaty of Sevres was the guiding requirement,
SECTION VII. SYRIA, MESOPOTAMIA, PALESTINE.
ARTICLE 95 of the Treaty of Sevres states"
The High Contracting Parties agree to entrust, by application of the provisions of Article 22, the administration of Palestine, within such boundaries as may be determined by the Principal Allied Powers, to a Mandatory to be selected by the said Powers. The Mandatory will be responsible for putting into effect the declaration originally made on November 2, 1917, by the British Government, and adopted by the other Allied Powers, in favour of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.
But then
Article 16 of the Treaty of Lausanne state:
Turkey hereby renounces all rights and title whatsoever over or respecting the territories situated outside the frontiers laid down in the present Treaty and the islands other than those over which her sovereignty is recognised by the said Treaty, the future of these territories and islands being settled or to be settled by the parties concerned.
The provisions of the present Article do not prejudice any special arrangements arising from neighbourly relations which have been or may be concluded between Turkey and any limitrophe countries.
You should take note that the Arab Palestinians
(in point of fact • no Arab representatives at all) were a party to the Treaty, let alone a party concerned.
(See the Preamble for the Parties to the Treaty.) The future of Palestine was to be settled by the parties concerned. It was NOT a sovereign state or country.
It does not matter if Palestine imports anything, including terror materials.
Israel has no jurisdiction over Palestine, which was legally created by treaty in 1920.
(COMMENT)
The question is NOT whether or not Israel has jurisdiction - but, whether or not the Arab Palestinian Government of Ramallah (Palestinians Authority) has Jurisdiction. And if it has jurisdiction, to what extent?
In 1988, the West Bank was a sovereign territory of Jordan; occupied by the Israelis. In July 1988, HM The King cut all ties to the West Bank (disengagement), abandoning the territory into the hands of the Israeli Occupation. The Arab Palestinians had no active government to take over. Thus, the territory was essentially handed
Terra Nullius to the Israelis.
This changed with the Oslo Accords and the designation of Areas "A" • "B" and "C" in the agreement with the Palestine Liberation Organization (PLO).
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The Security Council — the primary organ of the United Nations responsible for the maintenance of international peace and security—remains actively seized of the small arms and light weapons challenge. It has addressed small arms and light weapons-related issues across its agenda, from Security Sector Reform to arms embargoes to counter-terrorism and sustaining peace, while also treating these matters in country-specific and regionally-focused contexts.
In 1999, the Security Council first addressed the issue of small arms as a standalone agenda item. In 2013, the Council adopted resolution
2117 (2013) on small arms, which focused on the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons (SALW). Resolution
2220 (2015) contained further provisions aimed at bolstering international cooperation, effective implementation of UN arms embargoes and support to the Arms Trade Treaty. The Council issued Presidential statements on small arms in
1999,
2001,
2002,
2004,
2005 and
2007.
Relative to SALW, the issue is addressed on multiple levels. Resolutions A/RES/60/288 • Decides to include in the provisional agenda of its sixty-second session an item entitled “
The United Nations Global Counter-Terrorism Strategy”. Withing the Strategy is the Annexed "Action Plan." This Action Plan covers the SALW problem in Paragraph 5, Section II • Measures to prevent and combat terrorism which states:
5. To strengthen coordination and cooperation among States in combating crimes that might be connected with terrorism, including drug trafficking in all its aspects, illicit arms trade, in particular of small arms and light weapons, including man-portable air defence systems, money-laundering and smuggling of nuclear, chemical, biological, radiological and other potentially deadly materials;
There is plenty of Justification for the Israelis to implement in disrupting the follow of weaponry that threatens necessary to protect national security, public order, public health or morals or the rights and freedoms of others. Israel is entitled to take such measures that may be necessary to secure the State of Israel and the Jewish National Home (JNH) from external forces.
My Knee Jerk Response to the comment.
Most Respectfully,
R