P F Tinmore, et al,
There is a great difference between:
- Having a right.
- The ability to exercise that right.
Rocco, you have babbled on about this many times. However, UN resolutions state that the Palestinians: Have the right to self determination without external interference. Have the right to independence and sovereignty. Have the right to territorial integrity. The UN also states that these rights predate the resolutions.
At what time did the Palestinians obtain these rights?
Under what circumstances were these rights obtained?
(REFERENCES)
Relative to your question, there are several historical references one should consider:
1919 League of Nations Covenant
Article 15 --- Clause 8: If the dispute between the parties is claimed by one of them, and is found by the Council, to arise out of a matter which by international law is solely within the domestic jurisdiction of that party, the Council shall so report, and shall make no recommendation as to its settlement.
1945 UN Charter:
Chapter I --- Article 1, Clause 2: 2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;
Chapter I --- Article 2, Clause 1: 1. The Organization is based on the principle of the sovereign equality of all its Members.
Chapter I --- Article 2, Clause 4: 4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
Chapter IX --- Article 55: With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:
a. higher standards of living, full employment, and conditions of economic and social progress and development;
b. solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and
c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.
1960 General Assembly Resolution 1514 (XV). Declaration on the Granting of Independence to Colonial Countries and Peoples
√ based on respect for the principles of equal rights and self-determination of all peoples, and of universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,
√ the important role of the United Nations in assisting the movement for independence in Trust and Non-Self-Governing Territories
2.
All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
1
974 General Assembly Resolution 3236 (XXIX). Question of Palestine
1.
Reaffirms the inalienable rights of the Palestinian people in Palestine, including:
(a) The right to self-determination without external interference;
(b) The right to national independence and sovereignty;
1981 General Assembly Resolution 36/103. Declaration on the Inadmissibility of Intervention and Interference in the Internal Affairs of States
Conscious of the imperative need for all foreign forces engaged in military occupation, intervention or interference to be completely withdrawn to their own territories, so that people under colonial domination, foreign occupation or racist regimes may freely and fully exercise their right to self-determination, so as to enable people of all States to administer their own affairs and determine their own political, economic and social system without external interference or control,
1994 General Assembly Resolution 49/148. Universal realization of the right of peoples to self-determination
1. Reaffirms that the universal realization of the right of all peoples, including those under colonial, foreign and alien domination, to self-determination is a fundamental condition for the effective guarantee and observance of human rights and for the preservation and promotion of such rights;
2. Declares its firm opposition to acts of foreign military intervention, aggression and occupation, since these have resulted in the suppression of the right of peoples to self-determination and other human rights in certain parts of the world;
1996 General Assembly Resolution 50/172. Respect for the principles of national sovereignty and non-interference in the internal affairs of States in their electoral processes
1. Reiterates that, by virtue of the principle of equal rights and self-determination of peoples enshrined in the Charter of the United Nations, all peoples have the right, freely and without external interference, to determine their political status and to pursue their economic, social and cultural development, and that every State has the duty to respect that right in accordance with the provisions of the Charter;
(COMMENT)
The acquisition of the various "rights"
(self-determination without external interference; national independence and sovereignty) is a story of an evolutionary process that started in the early 20th Century; emphasis on the word "started." The Allied Powers and the Council LoN, became concerned over time at the continuation of acts by foreign
powers of intervention and occupation. And intervention and occupation threatened to suppress, the growth of nations through the right to self-determination for a number of sovereign peoples and nations. The LoN and it successor, the UN, began to articulate the concept more solidly as time moved on --- with the first linkage of the two sets of "rights" coming together in the 1960 Resolution on Independence to Colonial Countries [RES/1514 (XV)]. By 1981, the UN had linked three concepts together which relate the rights of: self-determination without external interference; independence and sovereignty; and Inadmissibility of Intervention and Interference. As you can see, the right of "non-intervention/intervention" came first (1919). Then, came the right of "self-determination" (1945 and 1960). Until the Resolution on Decolonization, the "principle" and concept" of self-determination was very vague; even today, the Palestinian does not know what it means. But it did not become a "right" of self-determination until 1960.
2012 General Assembly Resolution 66/17. Peaceful settlement of the question of Palestine
1.
Reaffirms the
necessity of achieving a peaceful settlement of the question of Palestine, the core of the Arab-Israeli conflict, in all its aspects, and of intensifying all efforts towards that end, and stresses in this regard the urgency of salvaging the prospects for realizing the
two-State solution of Israel and Palestine, living side by side in peace and security within recognized borders, based on the pre-1967 borders;
Again Paragraph 6 of the Declaration on Colonial Independence sets forth another fundamental principle to self-determination: "Any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations." The final paragraph reiterates "the sovereign rights of all peoples and their territorial integrity." As much as the Palestinian may not like it, the prevailing winds are towards a peaceful settlement, as opposed to Jihad and Armed Struggle, and the recognition of Israeli sovereign rights.
Most Respectfully,
R