Dogmaphobe, Coyote,
et al,
Part of this is very engaging by individual perspective; yet wrong in its application.
This is not saying Hamas is good - but it is saying that they were elected in an election that Hamas won not for reasons of it's broader international agenda but for reasons to do with the local economy and domestic issues.
Your championing of Hamas as the legitimate leader of the Palestinians
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Neither I, nor Dogmaphobe, Coyote, or anyone else can truly legitimize HAMAS (or any other government) --- nor can we de-legitimize a government. Legitimacy is like a color. It is either "blue" or "not blue;" realizing that in the spectrum of colors - there are varying shades of "blue." But if you see "green" (the color right next to "blue"), and I see "blue" --- there is very little chance that we will agree in the face of what we consider irrefutable evidence. We will assume that the other is "color blind."
The cumulative belief that builds to a critical point that the summation of the all individual common beliefs is that the people of Gaza have placed their trust and confidence in HAMAS to rule, have established institutions to effectively rule, and has a recognized leader that has been given the right to govern in the name of the people of Gaza. This is, what we generally understand as "Internal Legitimacy" --- commonly defined in political science and sociology perspective defined by those that are governed.
The meaning of "External Legitimacy" is much more complicated and holds various competing views. The simplest of these competing views is merely the acceptance of the common view held by the people of Gaza. It assumes that the people of Gaza are totally competent in the selection of their leadership and support the general actions of their government. An alternative view is one that emphasizes the view that for HAMAS to be legitimate, as a government it must contribute to the strengthening of world peace, abide by the developments of international law, and foster positive relations among other States. And yet still, there is the view that for HAMAS to be a legitimate government, it must be one that operates under and promotes the rule of law among nations.
Risky or not Rocco - it is the only one that is just. Aris points out for example, how they can not even handle their own economy etc. But the truth is - they have never been free from outside interference.
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Preface Note:
The more common term is “non-intervention”, though “non-interference” also appears in the texts. The latter may suggest a wider prohibition, though in most contexts the two terms seem to be used interchangeably. (
Princeton Encyclopedia of Self-Determination)
E
xternal self-determination refers to full legal independence/secession for the given 'people' from the larger politico-legal state. (
Cornell Law School LLI)
There are multitude of conflicting points to the issue of self-determination and sovereignty with regard to the Israeli-Palestinian Conflict. It is much easier to separate the points by jointly recognizing the key foundational positions which are undisputed:
Palestinians should enjoy sovereign equality with all other members of the international community; including equal rights and duties as equal members of the international community, notwithstanding differences of an economic, social, political or other nature. Palestinian sovereign equality includes the following elements:
- The State of Palestine (SoP) should be judicially equal;
- SoP should enjoy the rights inherent in full sovereignty;
- SoP has the duty to respect the personality of other States;
- The territorial integrity and political independence of the SoP are inviolable;
- The SoP has the right to freely choose and develop its political, social, economic and cultural systems;
- The SoP has the duty to comply fully and in good faith with its international obligations and to live in peace with other States.
I think we generally agree that the SoP has the right to be free from intervention, directly or indirectly, in SoP internal or external affairs. This would include armed intervention or interference against its political, economic and cultural elements, are in violation of international law. Conversely, no State --- including the SoP --- shall organize, assist, foment, finance, incite or tolerate subversive, terrorist or armed activities directed towards the violent overthrow of the regime of another State, or interfere in civil domestic affairs in another State. This would include the use of force to deprive peoples (that of the SoP or its neighbors) of their inalienable rights and of the principle of non-intervention. I think we also agree that the SoP has an inalienable right to choose its political, economic, social and cultural systems, without interference in any form by another State.
Having said that, and I chose are language of agreement carefully, that there is one "key point" on which this all rests:
The principle that States shall settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered: (Declaration on Principles (DOP) of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations)
Every State shall settle its international disputes with other States by peaceful means in such a manner that international peace and security and justice are not endangered.
States shall accordingly seek early and just settlement of their international disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means of their choice. In seeking such a settlement the parties shall agree upon such peaceful means as may be appropriate to the circumstances and nature of the dispute.
The parties to a dispute have the duty, in the event of failure to reach a solution by any one of the above peaceful means, to continue to seek a settlement of the dispute by other peaceful means agreed upon by them.
States parties to an international dispute, as well as other States shall refrain from any action which may aggravate the Situation so as to endanger the maintenance of international peace and security, and shall act in accordance with the purposes and principles of the United Nations.
International disputes shall be settled on the basis of the Sovereign equality of States and in accordance with the Principle of free choice of means. Recourse to, or acceptance of, a settlement procedure freely agreed to by States with regard to existing or future disputes to which they are parties shall not be regarded as incompatible with sovereign equality.
Nothing in the foregoing paragraphs prejudices or derogates from the applicable provisions of the Charter, in particular those relating to the pacific settlement of international disputes.
With regard to extending the SoP any of the sovereign rights that it should have, it must also be the case that the SoP must accept the duties and responsibilities under the DOP to which all other states are held accountable. That would include the renouncement of the
HAMAS Covenant, and the
Political Position published in March 2013. It is the case that the HAMAS cannot claim the right to Jihad and the refuse the recognition of another state sovereignty and yet demand that it be recognized. It cannot deny the same rights to Israel as it demands for itself. It cannot claim legitimacy when it openly violated the DOP.
We mutually agree (IMO) on many points. What we disagree on is the is the recognition of HAMAS relative to its obligations as a Government that follows International Law Concerning Friendly Relations and Co-operation among States.
Most Respectfully,
R