P F Tinmore, et al,
The Western Powers were only concerned that the Arab Palestinian People, who elected a government of the HAMAS political party, would further complicate regional peace. US domestic law forbids financing a government that threatens to use force against the territorial integrity or political independence of any State (Israel). And the UN had to consider upholding the tenants of the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States and General Assembly resolution 49/60 of 9 December 1994
(against Criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes are in any circumstance unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or any other nature that may be invoked to justify them) the measures of General Assembly resolution 51/210 of 17 December 1996
(against attacks by means of bombs, explosives or other incendiary or lethal devices have become increasingly widespread by HAMAS and other Palestinian groups that were known to carry-out attacks by such means), and the concepts of the 2005 World Summit Outcome.
RoccoR said:
It is not in the province of the Western World to be concerned as to whether or not there the Palestinian Liberation Organization (PLO) is in step with the Arab Palestinian people.
In fact foreign powers have never allowed the Palestinians to select their own leadership through illegal external interference. Look what happened to the 2006 elections.
(COMMENT)
The irresponsible actions of the Arab Palestinian people in even considering HAMAS as a legitimate leadership was bound to have consequences. The fact that the Arab Palestinians complains that the many external powers frowned upon HAMAS only demonstrates their immaturity in electing a leadership that would NOT observance the principles of international law concerning friendly relations and co-operation among States and faithfully observe the obligations assumed by more mature constituents. The Palestinians are unable to refrain, in their international relations, from the use of hostile military, political, economic, or any other form of coercion, aimed against the political independence or territorial integrity of any State; including Israel.
The fact that the Arab Palestinian has not elected to pursue the duty to refrain from the threat or use of force to violate the existing international boundaries of another State or as a means of solving international disputes, including territorial disputes and problems concerning frontiers of States only further exemplifies the inability of the Arab Palestinian as a whole to serve the cause of regional peace.
If there is a problem with the elected Palestinian Government, it is the Arab Palestinian themselves that is to blame. No external government moved to remove or suppress the 2006 government; excepts for cause --- wherein the HAMAS Government acted as the aggressor and provoked a security response.
- No people can expect to engage in tunneling activity across the borders and not expect a response.
- No people can expect to fire rockets and mortars and not expect a response.
- No people can expect to engage in kidnapping and murder and not expect a response.
- No people can expect to engage in armed attacks and bombings and not expect a response.
The Arab Palestinian does not have some special dispensation to engage in these hostile act without a defensive response.
Most Respectfully,
R
Well, that's certainly one possible interpretation of International law, but it omits or ignores the question of the legitimacy of armed resistance to occupation and that well worn phrase, "one man's "Terrorist" is another man's "Freedom Fighter" This article, although dated, sums it up nicely:
"...This is the question of the right of a people to resist an aggressor and/or an oppressor, and the legitimacy of such resistance. I would argue that according to international law today, Israel has no rights to or in the Occupied territories of Palestine. According to the same international law, the occupation ought to have ceased one year after its beginning, that is by June 1968. The United Nations Security Council passed a resolution requiring Israel to withdraw from all occupied territories, Resolution 242 in November 1967.
I would contend that the continuing presence of Israel in these occupied territories, its building of settlements and the transfer of a huge Jewish population into it, and an infrastructure built from Palestinian assets to serve those settlements, its control over the use of land and water, and its continuing oppression of the indigenous population, should be classified as a colonialist venture. From the Palestinian point of view, the Israeli policies and practices are formulated and executed for the destruction of Palestinian society, private and public life, and their material assets.
In this situation of continuing oppression, dispossession, detention, killing and destruction of social frameworks, are Palestinians not permitted to resist all or any of this? If Israel is a colonizing power over and above its status as Military Occupier, precisely because of its settlement activity and control of the resources of the territory in Occupied Palestine then it would seem that the Declaration on Granting Independence to Colonial Countries and Peoples, 1960 General Assembly Resolution 1514 (XV), December 14, 1960 applies to Palestinians today. I quote two relevant articles.
1. The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and co-operation.
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.
Above and beyond the basic right of all human beings to resist their being killed and harmed, and a society to take armed actions to protect itself, this document legitimizes also national liberation struggles, including, at this time in history, most particularly, the Palestinian people’s struggle for its own freedom. It is this right which legitimizes all Palestinian attempts to lift the yoke of Israeli oppression from Palestine, including all the actions taken by the Palestinians during Operation Cast Lead...."
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