P F Tinmore, et al,
This is a bit of the argument that All pro-Palestinians have trouble with in the beginning.
(COMMENT)
First: The reaffirmation is that stipulated in Article 1 and Article 55 of the UN Charter (1945). It did not stipulate a particular plot of territory that the Palestinians had any particular inalienable right to, in terms of self-determination, national independence,
territorial integrity, and national unity and sovereignty without external interference.
Secondly: The same body that wrote and adopted the UN Charter which stipulated the right of self-determination in 1945, also adopted the Resolution 181(II) (1947) which partitioned the trusteeship of the territory, formerly under mandate, which identified the apportionment to which the UN believed was a fair and equitable plot for the establishment of an Arab State. This was rejected by the Arab Higher Committee (an entity established by the Arab League to represent the Palestinian People). The Arab Palestinian was encouraged to exercise their right of self-determination and refused to do so. In contrast, the Jewish Agency did accept the opportunity to establish the Jewish State by the UN General Assembly. Subsequent to the 1948 rejection, several conflicts were fought over the determination.
Third: By 1978, the Arab Palestinian had taken two major self-determination actions,
The 1948 establishment of the All Palestine Government in Gaza.
The 1950 assimilation of the West Bank into the Hashemite Kingdom.
None of these actions actually met the intended results of Article 55; which included:
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.
Fourth: In 1988, the Arab Palestinians through the auspices of the Palestine Liberation Organization (PLO), which had been recognized as the "the sole legitimate representative of the Palestinian people," declared independence. This was generally recognized as "self-determination and to independence in their State of Palestine on the Palestinian territory occupied since 1967." And that determination still holds through this day. Thus, the "territorial integrity" issue that exists today, is that which was commonly recognized as the "territory occupied since 1967." The Arab Palestinians have exercised their right of self-determination and national independence --- there is no dispute to be at issue on this point. They have exercised their "inalienable right" (more than once).
Under the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States, if there is a dispute between member nations over territory then the following principles applies:
Considering it equally essential that all States shall settle their international disputes by peaceful means in accordance with the Charter,
Every State has 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.
Currently, the Arab Palestinian claim the right to Jihad and Armed Struggle as the principle means to the dispute resolution process. This is the foundation for the conflict, that the Arab Palestinian wants to take possession of territory they were denied through their aggression in 1948.
Most Respectfully,
R
