then it’s a territory of Palestine…
We’re often treated to the completely false notion that the Palestinians could have had a state next to Israel “..if only they’d accepted UNGA Resolution 181..” or “if only they’d accepted some of the (so called) ‘concessions’ Israel has made”. (offering to return the spare wheel of a stolen car in order to keep the rest, is far from a valid ‘concession’). Or “The Palestinians never miss an opportunity to miss an opportunity”? A notion usually voiced on the understanding that the Palestinians are to blame for their current situation. Unfortunately it is just another fallacy, based in ignorance or deliberate ignoring the laws surrounding the formation of states and the I/P issue in general. And, if one looks closely at the notion of a Jewish homeland in all of Palestine today, the dunce’s cap just might be on the other head.
According to the JCPA it is a pre-requisite for declaring sovereignty that the entity declaring must control all their territories at the time of their declaration. It is the reason the Jewish Peoples Council had to wait until the British Mandate ended May 14th 1948. It is the same reason Indonesia had to leave East Timor in order that they could declare sovereignty. It is the reason the Palestinian’s previous declaration was not accepted by the UN.
All or part of Palestine has been under the control of a succession of other entities since at least the Roman era. It’s citizens included Jewish folk who lived in the region.
Under the Mandate for Palestine it was under British control. When Jordan declared Sovereignty in 1946, what remained of Palestine, was still under the control of the British. It’s citizens including Jewish folk, were all Palestinians.
In the weeks preceding May 14th 1948, Plan Dalet was launched. This saw the Jewish Agency in control of territories slated for the new Arab State at by the end of the British Mandate. Jewish forces were not withdrawn from the territory slated for the Arab state when Israel Declared Sovereignty. (Israel has never annexed any of these territories) Israel has been in control of territories slated for the new Arab State since 00:01 May 15th 1948, making sure the Palestinians could not declare independent sovereignty.
Shortlink to these two maps
At the end of the ’67 war we saw Israel in control of and illegally claiming even more Palestinian ‘territories occupied’. Israel now controls over 50% of the territories it agreed were not it’s own when it declared it’s Sovereign Boundaries.
There is no obligation for any entity to declare sovereignty or statehood. Even if the Palestinian had wanted to declare sovereignty, they could not have done so. There has only been ONE MINUTE in the entire history of Palestine, where there has not been another legal entity in control of some part of the territories known as Palestine. That was the minute between the end of the Mandate and the Declaration of the Establishment of the State of Israel coming into effect. However, at no time has it had full control of all it’s territories.