P F Tinmore,
et al,
You will have to teach me here.
Sovereignty is mentioned
twice in the
UN Charter:
- (Article 2) The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.
- 1. The Organization is based on the principle of the sovereign equality of all its Members.
- (Article 78) The trusteeship system shall not apply to territories which have become Members of the United Nations, relationship among which shall be based on respect for the principle of sovereign equality.
Likewise, Self Determination is mentioned
twice in the
UN Charter:
- (Article 1) 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;
- (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 inter-national 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.
Similarly, the Universal Declaration of Human Rights (
A/RES/3/217 A) mentions sovereignty once, and self determination not at all:
- (Article 2) Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
The Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States (
A/RES/25/2625) is probably the most important document and guidance on the subject of self-determination, sovereign equality.
The sovereignty was transferred to the people of the respective new countries. This has been reiterated in the UN Charter and subsequent resolutions.
(STIPULATIONS)
I make the following stipulations such that these issues will not derail the overall discussion on the issue of sovereignty and independece.
- That it is the majority assumption held by the General Assembly, that "the Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan are illegal and an obstacle to peace and economic and social development." (A/RES/68/82 16 December 2013)
- That the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967. (A/RES/68/81 16 December 2013)
(OBSERVATIONS)
Probably the most significant UN Resolution that is specific to our discussion of Palestinian "independence/sovereignty" and the "right of self-determination" was adopted (
A/67/L.28) 26 November 2012 when it accords to Palestine non-member observer State status in the United Nations. This landmark decision made a couple of significant observations which are controversial in some discussions relative to the meaning of Palestine:
- The objective are to:
- Achieve a "peaceful settlement in the Middle East that ends the occupation that began in 1967."
- That the settlements fulfill the vision of two States: an independent, sovereign, democratic, contiguous and viable State of Palestine.
- To achieve "peace and security with Israel on the basis of the pre-1967 borders."
- Promote the "resumption and acceleration of negotiations within the Middle East peace process."
- The ultimate goal is to achieve a "lasting and comprehensive peace settlement between the Palestinian and Israeli sides that resolves all outstanding core issues, namely the Palestine refugees, Jerusalem, settlements, borders, security and water."
(COMMENT)
The idea that "sovereignty" was "transferred to the people of the respective new countries" is contradictory to what sovereignty is. In order for sovereignty to transfer, it has to change hands from one governmental power to another. In the case of Palestine, the government, for all intent and purpose, was NOT the indigenous population, but that of the power which had and exercised control. That is not to say that it was transferred to the Allied Powers. In fact sovereignty was not transferred at all. Rather, under the treaty, the Ottoman/Turkish Government relinquished their sovereignty, abandoning the territories to the control of the Allied Powers.
The Allied Powers of the 1920's never questioned the the
Declaration of Human Rights (1948), or the
Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States (1970), simply because they had not been codified yet; not for anther quarter century in on case and a half century in the later case. In fact, the DOP-ILFRCS was not codified until after the 1967 war.
Another problem with the assumption that "Sovereignty is in the hands of the people," is that in reality it was not. It is all well and good to express concepts on paper. But it is all together a different think when it is made real - or - blocked from exercise. If the People of Lebanon, Syria, Jordan, and Palestine, were sovereignty in their hands --- the completion of the Middle East would be very different today. In fact, none of these countries had total independence from the respective mandates until the end of WWII.
Today, the UN recognizes the State of Palestine within one set of boundaries (pre-1967 War boundaries). But there are factions of Jihadist and Fedayeen that insist that Palestine is:
1. Palestine from the river to the sea, and from north to south, is a land of the Palestinian people and its homeland and its legitimate right, we may not a waiver an inch or any part thereof, no matter what the reasons and circumstances and pressures.
2. Palestine - all of Palestine - is a land of Islamic and Arab affiliation, a blessed sacred land, that has a major portion in the heart of every Arab and Muslim.
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.
You (P F Tinmore) often expressed the concept that Israel is inside the borders of Palestine, and have steadfastly held to that conviction. Yet, there are elements of the Palestinian Movements that have adopted an ambiguous version that sounds like the UN version but is craftily worded so as to not contradict the charter: The PLO
Negotiations Affairs Department (NAD) states that:
- The 1967 border is the internationally-recognized border between Israel and the oPt.
- Israel has no valid claim to any part of the West Bank or Gaza Strip. However, in the interest of peace, we have been willing to discuss minor, equitable, and mutually-agreed territorial exchanges should we decide that it is in our interest to do so.
It is important to note that the Palestinians have declared independence and have exercised the right to self-determination (twice). They have been yet to establish the stand-alone government.
Most Respectfully,
R