What is the "dispute" and what is the recognized dispute resolution processes?P F Tinmore, et al,
Well, your source is close.
(REFERENCES)International law considers agreements between a military occupier and the occupied to be null and void if they deprive civilians of recognized human rights including the rights to repatriation and restitution."
Read more: Articles The Jihad Lawyer
So we can put Oslo and other agreements that Arafat was duped into signing to bed, shall we? When Hamas refuses to recognize previous agreements it is because they are invalid.
Part I. General Provisions
"Agreements concluded between the occupying power and the local authorities cannot deprive the population of occupied territory of the protection afforded by international humanitarian law (GC IV, art. 47) and protected persons themselves can in no circumstances renounce their rights (GC IV, art. 8)." SOURCE: Occupation and international humanitarian law: questions and answers ICRC
Art. 8. Protected persons may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.(COMMENT)
Section III. Occupied territories
Art. 47. Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory.
What your source (Articles The Jihad Lawyer) interprets the Geneva Convention to say, and what it actually says --- are two different things; as you can see. And again, it depends on whether you want to accept the concept that the Israelis are an "Occupation Power" or a "Colonial Power." If you argue the case that Israel is a "Colonial Power" then the GC IV does not apply. But if the Israeli is a "Occupation Power" --- THEN --- the prohibition is very specific (GCIV Article 47). It does not say: "agreements between a military occupier and the occupied to be null and void."
(COMMENT)It is not that I see them as inapplicable as much as universally violated. Israel wants the fruits of occupation while it thumbs its nose at the restrictions and obligations. Although it still fits the definition of an occupation, its actions, depending on time and place, better fit colonization and invasion.
Actually, Israel argues, like you, that the GCIV doesn't really apply, except by Security Council Mandate; "Calls once more upon Israel, as the occupying Power, to abide scrupulously by the 1949 Fourth Geneva Convention," Security Council Resolution 446.
(COMMENT)Regardless of which definition you use, it is still illegal to acquire land through the threat or use of force. All of "Israel's land" has been acquired at the point of a gun.
Yes, reading this carefully, this is an application of:
Palestine National Charter of 1968
Article 1. Palestine is the homeland of the Arab Palestinian people; it is an indivisible part of the greater Arab homeland, and the Palestinian people are an integral part of the Arab nation.
Article 2: Palestine, with the boundaries it had during the British Mandate, is an indivisible territorial unit.
This is a concept that dates back to Israeli Independence over a half century ago, in which the right of self-determination was exercised pursuant to the UN "Steps Preparatory to Independence." Prior to May '48, it was a Civil War. After May '48, it was an invasion by Arab Armies attempting to use force to interrupt the implementation of the Partition Plan and subvert the will of the UN.
Now, in terms of the territory and the sovereignty, this is something that the Palestinians have consistently said is a "violation of international law." Yet in over half a century, they have never availed themselves to the recognized dispute resolution processes.
The Law is quite clear:
Not once did the Palestinians attempt peaceful means to resolve the issues. The policy is:
Most Respectfully,
- There is no solution for the Palestinian question except through Jihad. Initiatives, proposals and international conferences are all a waste of time and vain endeavors.
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The dispute is about Israel occupying palestine, the dispute resolution process is the one laid down in the UN resolutions. These say an end to all violence beligerence and terrorism and negotiations to a peace and mutual borders