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Kerry and the Question of Palestine.
In perspective
UNSC res 252 has EIGHT reminders…. Does Kerry really think they care?
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UNSC Resolution 476 is one of at least EIGHT reminders of the 21st May 1968 UNSC Res 252
267 (1969) of 3 July 1969, 271 (1969) of 15 September 1969, 298 (1971) of 25 September 1971, 446 (1979) of 22 March 1979, 452 (1979) 20 July 1979, 465 (1980) of 1 March 1980, 476 June 30 1980 and 478 August 20 1980. None of which have anything to do with race or religion. They’re based on the UN Charter, International Law and the GC’s, all of which Israel obliged itself to uphold. Alas it hasn’t. (see also UNSC res 2334 of December 2016)
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Is there any difference in the essence of the following two statements?
1) “Israel must end the prolonged occupation of Arab territories occupied by Israel since 1967, including Jerusalem”
2) “The occupation regime over Jerusalem must be erased from the pages of time”
Resolution 476 (1980) Adopted by the Security Council at its 2242nd meeting on 30 June 1980
The Security Council,
Having considered the letter of 28 May 1980 from the representative of Pakistan, the current Chairman of the Organization of the Islamic Conference, as contained in document S/13966 of 28 May 1980,Reaffirming that acquisition of territory by force is inadmissible,
Bearing in mind the specific status of Jerusalem and, in particular, the need for protection and preservation of the unique spiritual and religious dimension of the Holy Places in the city,
Reaffirming its resolutions relevant to the character and status of the Holy City of Jerusalem, in particular resolutions 252 (1968) of 21 May 1968, 267 (1969) of 3 July 1969, 271 (1969) of 15 September 1969, 298 (1971) of 25 September 1971 and 465 (1980) of 1 March 1980,
Recalling the Fourth Geneva Convention of 12 August 1949 relative to the Protection of Civilian Persons in Time of War,
Deploring the persistence of Israel, in changing the physical character, demographic composition, institutional structure and the status of the Holy City of Jerusalem,
Gravely concerned over the legislative steps initiated in the Israeli Knesset with the aim of changing the character and status of the Holy City of Jerusalem,
1. Reaffirms the overriding necessity to end the prolonged occupation of Arab territories occupied by Israel since 1967, including Jerusalem;
2. Strongly deplores the continued refusal of Israel, the occupying Power, to comply with the relevant resolutions of the Security Council and the General Assembly;
3. Reconfirms that all legislative and administrative measures and actions taken by Israel, the occupying Power, which purport to alter the character and status of the Holy City of Jerusalem have no legal validity and constitute a flagrant violation of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War and also constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East;
4. Reiterates that all such measures which have altered the geographic, demographic and historical character and status of the Holy City of Jerusalem are null and void and must be rescinded in compliance with the relevant resolutions of the Security Council;
5. Urgently calls on Israel, the occupying Power, to abide by this and previous Security Council resolutions and to desist forthwith from persisting in the policy and measures affecting the character and status of the Holy city of Jerusalem;
6. Reaffirms its determination in the event of non-compliance by Israel with this resolution, to examine practical ways and means in accordance with relevant provisions of the Charter of the United Nations to secure the full implementation of this resolution.
Not only does the UNSC agree with Iran that the Zionist/Israeli regime/Government illegally in Jerusalem must end, it also threatens action via Chapt VII. Iran merely predicted the Zionist regime in Jerusalem would be wiped from the pages of history. It didn’t threaten as the UNSC has, with “practical ways and means”.
Furthermore, UNSC Res 476 tells us Israeli actions “constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East”.
Meanwhile, Israel’s illegally acquired eggs are all in one basket. The precious US veto vote preventing a UNSC Chapt VII resolution giving the law its full effect through “practical ways and means”.
Israel has breached its position of trust as the Occupying Power
Make up your own mind who has the law on th
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UNSC res 476 tell us it “1. Reaffirms the overriding necessity to end the prolonged occupation of Arab territories occupied by Israel since 1967, including Jerusalem;”
corpus separatum has never been instituted. Jerusalem was never legally separated from what remained of Palestine after Israel declared its independence from Palestine.
FACT – Israel has defined boundaries between itself and Palestine: The Jewish Peoples Council accepted the borders outlined in UNGA res 181 and was recognized by the majority of the International Community of States, over riding the Arab States objections. The Israeli Govt will not inform you of this and other essential facts.
Israel has never legally annexed any territory outside it’s declared sovereign boundaries.
FACT – the entity of Palestine DID exist: At the fall of the Ottoman Empire, there was an entity called Palestine, it was administered by the British under the Mandate for Palestine. (occupation as a trustee). The currency was Palestinian. The postage stamps were Palestinian. The citizens of Palestine were all Palestinians. They had Palestine marked on their passports and papers. Even Jewish folk were Palestinians.
FACT – the entity of Palestine still exists: When TransJordan finally gained independence from Palestine in 1946, what remained of Palestine was still called Palestine. The name of Palestine was not changed, the area that became Jordan was renamed and now its citizens are all Jordanian. The folk who live in what remained of Palestine were Palestinians.
FACT – From 1946 till 1948 : the Palestinians, including Jewish folk, lived in the somewhat smaller, entity of Palestine that remained, still administered by the British under the Mandate for Palestine. BTW It is clearly a fallacy to say the Palestinians have a state in Jordan. At the time only the Palestinians living in the particular area that became TransJordan had a right to become Jordanian citizens. The Palestinians who did not live in that particular area, did not.
FACT – From 1946 to May 14th 1948 : even Jewish folk living in what remained of Palestine were still Palestinians. Jerusalem was in Palestine.
In 1947 the United Nations voted to present a set of conditions under which Palestine might be further subdivided, giving the Jewish Agency and the Arab States an opportunity, if they wished, to declare Sovereignty over borders recommended in Resolution 181.
UNGA resolution 181 was non-binding. There was no requirement for co-signing. It was after all, about Sovereign Independence. Neither party was obliged to accept it or declare sovereign independence over their apportioned lot. The conditions it contained were according to the law in respect to Declaring Sovereignty. Although UNGA resolutions are not binding, they often refer to Laws (all law is binding), Conventions, the UN Charter (all the UN Charter is binding) and UNSC resolutions which ARE binding. Never the less, the Jewish Agency considered it as binding.
The Laws surrounding a Declaration of Sovereignty and recognition by the majority of the International Community of States is binding. Sovereignty is irrevocable. Israel’s acceptance of the borders UNGA Resolution 181 detailed, was binding by virtue of the Declaration of a Jewish State within them and by the International recognition of Israel within those boundaries. Much like the recommended retail price of goods is not binding, until the purchaser signs the contract and when one buys goods, one signs a contract with the vendor, not with another buyer. The contract in this instance wasn’t with the Arab States, other wise they’d have to have signed simultaneously, nor was it with the UN. It was a unilateral undertaking on behalf of the world’s Jewish population to the ” comity of nations”
UNGA Res 181 was acknowledged by the Jewish Peoples Council and enshrined in the Declaration of the Establishment of the State of Israel and reiterated in the notification of Declaration to the International Community of Nations.. // Letter From the Agent of the Provisional Government of Israel to the President of the United States, May 15, 1948 “MY DEAR MR. PRESIDENT: 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.” //
Shabtai Rosen, (rip) Professor of international law at Bar Ilan University “(a) Shortly after the signing of the Israel-Egyptian agreement, early in March. 1949, Israeli forces advanced south to the littoral into the area allocated to the Jewish State: in General Assembly resolution l8l (II) of 29 November 1947”
On Israel accepting the conditions and Declaring Sovereignty over the borders outlined by UNGA resolution 181 in order to become a Sovereign State, what remained of Palestine, was an even smaller entity of Palestine. Still called Palestine.
Having informed the International Community of States of the Jewish Peoples Council Declaration of Sovereign Independence (see letter) and having been recognized by the majority of the International Community of States based on the information the Provisional Government issued, Israel was no longer a part of Palestine. Israel’s Sovereign territory was set, it’s borders defined and by default, also it’s borders with the ever shrinking, Palestine.
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The UN has never executed it’s part of UNGA res 181 in respect to Jerusalem becoming a neutral entity. Nor was it obliged to as UNGA res 181 was not binding. By the Jewish People’s Council’s own pen, Israel had no Sovereignty over Jerusalem. It was and is not now Israeli territory. It’s status, like the rest of Palestine’s territories, has not legally changed in over 2,000 years. Far longer than the Jewish Kingdom existed. Jerusalem was and still is, legally a part of Palestine.
In declaring Sovereignty, Israel obliged itself of the legal obligations of Sovereignty. As a UN Member State it is also obliged to the UN Charter, resolutions and conventions it has ratified. In respect to Jerusalem, Israel’s annexation of East Jerusalem was declared illegal by the UNSC. Legal annexation can only be through a treaty or by agreement, such as Jordan’s annexation of the West Bank as a trustee, asked for by and in agreement with the Palestinians.
It is often argued that the Palestinians could have also declared a state on the termination of the British Mandate over Palestine in May 1948. However, in order to declare Sovereignty, an entity must have full control over all it’s territories. The Palestinians were denied the privilege. By May 14th 1948, under Plan Dalet, the Jewish Agency was already in control of territories allocated for the new Arab State, making it impossible for the Palestinians to declare sovereignty, even if they wanted to. IN FULL
Israel is in breech of some 223 UNSC resolution, most of which are only reminders of previously unheeded resolutions. The US veto vote on the UNSC has only prevented action being taken against Israel for it’s gross violations of International Law. The Laws and Israel’s violations still stand.
The Palestinians only ask for their rights under the Laws, UN Charter and relative conventions Israel obliged itself to uphold. That these Laws, the Charter and Conventions were written in large part because of what happened to Jewish folk under the Nazi regime and the Jewish State sees fit to ignore and circumvent them, should ring alarm bells
First, find out what isn't true... 