|A declaration of Sovereign Independence according to the Armistice lines of ’67 by the Palestinians makes for a really interesting situation…
FACT : Palestine’s name has not changed since Roman era. Under the Ottoman rule, the region was called Palestine. Under the Mandate, the region was called Palestine. Jordan was declared Independent of Palestine in 1946. What remained was still called Palestine. Israel was declared Independent of Palestine in 1948. . What remained was and is still called “Palestine”. The UNSC resolutions call for “peace in Palestine”, never peace in Israel. The wars have not been fought in Israel.
FACT : Palestine today is comprised by default, of the territories outside of and bound by the actual Internationally recognized extent of Lebanese, Syrian, Jordanian, Egyptian & Israeli sovereignty. The legal status of Palestine has not changed since Israel was declared independent of Palestine on May 14th 1948. Armistice Demarcation Lines and Cease Fire lines have changed, neither of which have changed any borders.
FACT : Jerusalem was never instituted as a corpus separatum by the UN. It was not a part of Israel’s declared or recognized sovereignty. Jerusalem’s status has never legally changed from being a part of Palestine for over 2,000 years. Far longer than the entire existence of the Jewish Kingdom.
FACT :Territory can only be ‘acquired’ by legal annexation. The territories Israel illegally acquired by war by 1950 and has never legally annexed, are still legally a part of Palestine. (about 33% of the territory Israel claims as it’s own). It is inadmissible to ‘acquire’ territory by war. According to Schwebel/Lauterpacht, a state may ‘restore’ its sovereignty over its own territory by war. E.g., Syria has the right to ‘restore’ the Golan.
FACT : No actual borders were changed in ’67. Armistice Demarcation Lines are not borders unless they follow the actual borders existing before the armistice or unless “occupied territories” are legally annexed during the period of the armistice.
FACT : A Declaration of Sovereign Independence only comes into effect when the territories declared are completely free of occupation. (example ..“The Act of Independence will become effective at one minute after six o’clock on the evening of 14 May 1948, Washington time” After the British occupation/Mandate ended.) In order to come into effect, Israel would have to withdraw from all of the territories declared by Palestine.
FACT : A Palestinian declaration according to the ’67 armistice lines and subsequent recognition as an Independent state, will not change the extent of Israel’s actual Internationally recognized declared sovereignty. There will still be a requirement to legally annex the territories between Israel’s legally recognized borders of 1948 and the border of Palestine for them to become sovereign to Israel.
By declaring Sovereign Independence according to the ’67 armistice lines, territories not declared as sovereign by the Palestinians and not declared as sovereign or legally annexed to Israel, would remain a part of Palestine until their status is legally changed via legal annexation.
Israel will finally have to either legally annex them, (legal annexation requires an agreement of the legal citizens, sans citizens of the annexing party) OR occupy them. As the Occupying Power, Israel would then be duty bound to PROTECT THEM until they in turn have the ability to become independent or decide to be annexed. However, as an Independent Sovereign State, Palestine would also be Regional Power. As such it would also have the same right to legally claim, annex or occupy the same territories.
Conundrum : If the Palestinians declare themselves independent by the boundaries of the ’67 armistice and call their state Palestine, what will the remaining, tiny, entity be called? And what are the ramifications if it erupts in civil war, outside the sovereignty of either entity? (HERE for the possible ramifications for Israeli citizens).
Which Regional Power would take over. It could ask to be legally annexed by one of the Regional Powers, as the Palestinians requested of TransJordan in 1950.
Which Regional Power would it trust? One who has for 64 years usurped the Palestinians, denying them RoR, razing their homes, villages, farms? Or the party who would sacrifice some 50% of it’s rightful territories, in order that there be peace, helping Israel extract itself from the illegal, facts on the ground black hole it has dug for itself and it’s illegally settled citizens?
If neither Israel or Palestine annex, hundreds of thousands of people living in the remaining, tiny, entity, many of whom are currently Israeli citizens, will be stateless.
If Israel does annex, it must be by agreement with the remaining tiny entity. This action alone would show the world that these territories were never a part of Israel. I.e., it has been bullsh*tting for 64 years. (Not that Israel ever seems to care about being shown as deceitful, as long as it has land).
Palestine would have just as much right as Israel to legally annex. Would Israel go ballistic? Kick the sh*te out of ye olde china shoppe? Ask yourself….. Who will stop them? The US, mightiest nation on earth, can’t even stop Israel’s illegal settlement program!
November 2, 2010
What will happen if the Palestinians Declare Sovereign Independence by the ’67 armistice lines?
…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…