…It’s actually quite simple. If it isn’t the “acknowledged” Sovereign Territory of Lebanon, Syria, Jordan, Egypt or Israel,
then it’s a territory of Palestine…
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There is no legal basis in the demand that the Palestinians recognize Israel or Israel as the Jewish State. No other country in the world gave recognition to Israel as the “Jewish State” . They recognized Israel as the “State of Israel” as per the Declaration for the Establishment of “the State of Israel”
de jure and de facto recognition are recognitions of the legal status of States and/or Governments. Governments administer the State. Governments can change.
It is not within the mandate of the UN to recognize states. Already recognized states are admitted to the UN after they have been recommended by the UNSC, they must have been recognized as states before they can be recommended by the UNSC. More states have recognized Palestinian statehood today than the number recognizing Israel when it was admitted to the UN.
Recognition of statehood is not mandatory. ” ..in the view of the United States, International Law does not require a state to recognize another state; it is a matter for the judgment of each state whether an entity merits recognition as a state. In reaching this judgment, the United States has traditionally looked for the establishment of certain facts. The United States has also taken into account whether the entity in question has attracted the recognition of the International community of states.” There are numerous UN Member states who do not recognize other UN Member States.
What is required of states is the respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every State and their right to live in peace within secure and recognized boundaries free from threats or acts of force. This is reflected in UNSC res 242
Territories:
Sovereign Territories belong to Independent Sovereign States, regardless of which Government is in power. A sovereign has complete control over all it’s territories and what happens within them, regardless of which Government is in power.
Non-Sovereign States, States and non-state entities also have territories. They are not there just for the taking.
A state entity might have full control of it’s territories and still not declare itself an independent sovereignty.
A state might also only partially control it’s territories, in which case, it cannot declare independent sovereignty.
( See why Palestine has never declared itself an independent sovereignty)
The difference between state and non-state is: a state has declared itself to be a state. There is no obligation for any entity to declare either statehood or independent sovereignty. It is a matter of self determination. Unilateral by nature. Independence means not being under the control of any other entity, person or power.
‘real estate’ is not ‘territory’. Real estate is bought and sold by private individuals, businesses, corporations, institutions. ‘Territory’ is the stuff of States and entities. ‘Real estate’ is irrelevant to the status of the ownership of the ‘territories’ of states/non-states/sovereign-states, entities. A person who rents or even a landless bum, living under a bridge, is an equal part of a state or entity. Territories of an entity belong to all the citizens of the entity.
We must also distinguish between the type of Government of an entity (permanent) and political parties elected to lead a Government,(temporary).
Recognition:
For there to be International recognition of an independent sovereign State, the boundaries of the sovereign state must be defined in order to know exactly the extent of the territory being claimed as sovereign. Israel’s boundaries were defined when the Jewish People’s Council accepted and declared sovereignty over the boundaries recommended in UNGA res 181, in order to be recognized as a Sovereign State. The Israeli Government confirmed it’s declared boundaries in statements to the UNSC on May 22nd 1948 and June 15th 1949
UNGA res 181:
The resolution set out conditions under which either party could declare independent sovereignty, if they wished. No one can demand an entity declare independence. It did not require the two parties to co-sign. This would have been against the notions of self determination. On the 14th of May 1948 the Provisional Government of Israel proclaimed the Declaration of the Establishment of the State of Israel to the International Community of Nations.
Although UNGA Res 181 was a non-binding resolution, it reminded parties of conditions regarding the declaring of a Sovereign Independent that are binding. A Declaration of Sovereignty IS binding. It is a statement to the International Community of Nations, signifying the intention of the party declaring. Israel implemented it’s part of UNGA resolution 181. UNGA Res 181 is STILL enshrined in the Declaration of a Jewish State.
The UN did not implement the corpus separatum, Jerusalem remained a part of Palestine
The Arab League refused to recognize UNGA Res 181 on legal grounds. Not because of hatred towards Jews.
The Palestinians COULD NOT declare, because Jewish forces, under Plan Dalet, were already in control of territories slated for the new Arab State by the time the British Mandate ended.
Link to this section
//Letter From the Agent of the Provisional Government of Israel… ” I have the honor to notify you that the state of Israel has been proclaimed as an independent republic within frontiers approved by the General Assembly of the United Nations in its Resolution of November 29, 1947, and that a provisional government has been charged to assume the rights and duties of government for preserving law and order within the boundaries of Israel, for defending the state against external aggression, and for discharging the obligations of Israel to the other nations of the world in accordance with international law. The Act of Independence will become effective at one minute after six o’clock on the evening of 14 May 1948, Washington time.//
Based on this information, the majority of the International Community of States recognized Israel, over riding the Arab League’s objections. (International democracy at work, Israel exists as a Sovereign State, independent of the remainder of Palestine)
Recognition – de facto or de jure?: (de facto – facts on the ground) – (de jure – in law).
A State must exist before a State Government can be instituted. The territories must be defined in order for other Nations to know the extent of the Sovereignty being declared and the declaring entity must have full control over those territories. (Independence)
The territories of the Sovereign State of Israel were recognized by the USA and Russia within days, as de jure by default, through the de facto recognition given to the A) authority of the Provisional Government over those territories declared. B) later the US, through the de jure recognition of the Government of Israel set up under the authority of the Provisional Government to govern, within the declared sovereign territories.
The British did likewise but included a caveat, not recognizing any territories acquired by war by 1949 as sovereign to Israel. I.e., de jure recognition within the declared sovereign territories.
Link to this section
Three examples of this recognition :
The US granted the Provisional Government de facto recognition to administer the Sovereign Territories of the State of Israel, based on the information supplied by the Agent of the Provisional Government of Israel, (by the boundaries in UNGA res 181), until such time as a permanent institutions of Government were set up. It then granted de jure recognition. This was marked when the first political party was elected to Government.
The USSR granted de jure recognition of the de facto (provisional) Government’s authority to administer the Sovereign Territories of the State of Israel and to set up a Government. To the best of my knowledge, the USSR has never actually given de jure recognition. Although having given de jure recognition to the ‘authority’ of the Provisional Government, it would naturally follow by default.
Link to this section
The British waited until a political party was elected to the Government. The British then granted de jure recognition, with conditions. The territories Israel had acquired by war, outside of it’s declared Sovereign Boundaries, were considered to be ‘occupied’. I.e., NOT Israeli Sovereign territory.
His Majesty’s Government have also decided to accord de jure recognition to the State of Israel, subject to explanations on two points corresponding to those described above in regard to the case of Jordan. These points are as follows. First, that His Majesty’s Government are unable to recognise the sovereignty of Israel over that part of Jerusalem which she occupies, though, pending a final determination of the status of the area, they recognise that Israel exercises de facto authority in it. Secondly, that His Majesty’s Government cannot regard the present boundaries between Israel, and Egypt, Jordan, Syria and the Lebanon as constituting the definitive frontiers of Israel, as these boundaries were laid 1139 down in the Armistice Agreements concluded severally between Israel and each of these States, and are subject to any modifications which may be agreed upon under the terms of those Agreements, or of any final settlements which may replace them.
Israel has never legally annexed any territory. Unilateral annexation is not legal. It must be under a treaty or agreement. “territories occupied” and never withdrawn from or legally annexed, are still ‘occupied’.