First, find out what isn't true…

September 8, 2016

Does Geneva Convention IV apply to the West Bank? The UNSC says it does!


http://wp.me/pDB7k-1fU
According to the Israeli narrative “Jordan illegally occupied Judea and Samaria” after the 1948 war.
Fact is, on the 3rd of April 1949 Israel signed an Armistice Agreement with the Hashemite Jordan Kingdom leaving Jordan legally in military control of what was official renamed the West Bank.

The Israeli narrative also tells us “Jordan’s annexation of the West Bank was illegal”.
The West Bank was legally annexed to Jordan by request of representatives of the majority of the legitimate inhabitants of the West Bank, in keeping with International Law concerning self determination

Unlike the unilateral annexation by Israel of East Jerusalem, which was condemned by the UNSC, there was no UNSC condemnation of the bilateral annexation of the West Bank by Jordan

The other Arab states demanded Jordan annex the West Bank as a trustee only (Session: 12-II Date: May 1950) in keeping with the UN Charter Chapter XI

By 1967 Jordan, including the West Bank, was a UN Member State and had ratified Geneva Convention IV. In other words, it was a High Contracting Power

UNSC res 228 tells us the West Bank was “the territory of Jordan

UNSC res 476 tells us Geneva Convention IV is applicable http://wp.me/pDB7k-W8

By the UNSC resolutions, reaffirming and emphasizing binding Law/UN Charter/etc, the Israeli narrative is simply bullsh*t!

Further reading re-recognition of the annexation of the West Bank by Jordan thanks to D G Fincham:

http://digicoll.library.wisc.edu/cgi-bin/FRUS/FRUS-idx?type=turn&entity=FRUS.FRUS1948v05p2.p1138&id=FRUS.FRUS1948v05p2&isize=M

http://digicoll.library.wisc.edu/cgi-bin/FRUS/FRUS-idx?type=turn&entity=FRUS.FRUS1950v05.p0943&id=FRUS.FRUS1950v05&isize=M

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December 15, 2014

More theft by Israel. Not showing Jewish values!


ShortLink http://wp.me/pDB7k-1cY

Palestinian maritime borders From Haaretz – By Eran Azran and Reuters 22:09 14.12.14

A new natural gas field off Israel’s Mediterranean coast may hold about 3.2 trillion cubic feet of gas, about one third the size of the giant Tamar field, its two Israeli partners said Sunday after conducting a 3D seismic survey of the area.

If the estimate is accurate, reserves for the Royee prospect, located about 150 kilometers (93 miles) offshore Israel and close to its maritime borders with Cyprus and Egypt, would be the third-largest discovered in Israeli waters and the fourth-largest in the Mediterranean Basin, said Israel Opportunity, a partner in the group.

Problem … Under which official agreement did Israel legally acquire the territories “outside the State of Israel” … “in Palestine”?

Fact is, there is no such agreement and;
the acquisition of territory by war was illegal by 1933 under the Montevideo Convention on the Rights and Duties of States, adopted into the UN Charter 1945, International Law when Israel’s boundaries were proclaimed and recognized!

Put simply, Israel’s maritime borders with Egypt are not as claimed

Israel’s Mediterranean coastline extends only as far South as Ashdod and North as far as Acre!

Map of Palestinian territory never legally annexed to Israel

May 30, 2014

Palestinians continue to die in their own country at the hands of the Occupying Power


15th May 1948 Letter From the Agent of the Provisional Government of Israel to the President of the United States, “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.” Israel has never legally acquired any further territory!

ShortLink http://wp.me/pDB7k-1bM

An analysis of some of the information available relating to the deaths of Nadim Nuwara and Mohammad Abu Thaher in Beitunia on May 15th 2014 in the occupied State of Palestine


“He fell forward. A bullet would have knocked him away from the fire, he should have fallen back…” Bullsh*t! A rabbit isn’t even knocked away from the fire of a .22 bullet

The Palestinians ask for their legal rights under the Laws and UN Charter Israel agreed to uphold.

Meanwhile, “Israel, the Occupying Power” makes demands that have no legal basis what so ever. Read UNSC res 476, one of EIGHT reminders to Israel of its legal obligations and giving Israel the OPPORTUNITY to adhere to the law. Unfortunately the Jewish state has failed to live up to the promises it made when it was proclaimed and when it became a UN Member state.

November 14, 2013

Israel agree to two states? Israel’s intentions were voiced to the Conciliation Commission on August 31st 1949. It’s actions since, show no change of plan.


15th May 1948 Letter From the Agent of the Provisional Government of Israel to the President of the United States, “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.”

ShortLink http://wp.me/pDB7k-l5

Despite the fact that the League of Nations Covenant Article 20 tells us Palestine was a state with provisional recognition, referenced in the very first line of the League of Nation Mandate for Palestine and in Article 7, one of Israel’s main assertions has been that Palestine has never been a state.

Another of Israel’s arguments is that because the Arabs refused to recognize UNGA res 181, Israel somehow has some extra special right to territories the Israeli Government itself claimed on May 22nd 1948 were “outside the State of Israel” … “in Palestine”  and under Israeli military control.  I.e., “occupied”

The arguments are not only nonsense, they’re entirely irrelevant.  States cannot simply take what is not their own without the express permission of the legal inhabitants.  Since at least 1933 it has been illegal (inadmissible) to “acquire” territory by war, furthermore it is illegal for other states to recognize territories acquired by war.  A fact confirmed by Schwebel, Lauterpacht & Herzog, who tell us territory may only be “restored” by war.  No Israeli territories have ever been taken.  Israel has never had to ‘restore’ any of its territories, it has been “acquiring” territory by war.

Israel is no different from any other independent state. What lies outside of Israel’s legal sovereign extent, is simply not Israeli.  Since Israel’s territories were proclaimed by the Israeli Government in their plea for recognition, no further territories have ever been legally acquired by Israel by any agreement and no state has ever recognized any territories acquired by war as Israeli.

Israel’s official 31st of August 1949 claim (as a UN Member state) to alleged non-state territories of Palestine shows “respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every State in the area”  except for the Palestinian territories.   Israel’s claim was refused BTW, citing the Armistice Agreements.

The Egypt Israel Peace Treaty ensured Israel withdrew from all territories sovereign to Egypt before peaceful relations were assumed. Again eventually showing respect for the territory belonging to state in the region.

Not so with the West Bank as it is now known, which was legally annexed by Jordan at the request of the Palestinians.  Jordan’s annexation of that territory was as a trustee only (Session: 12-II Date: May 1950). Unlike the UNSC condemnation of Israel’s unilateral annexation of East Jerusalem, there is no UNSC condemnation of the bilateral annexation by Jordan.  At the time of its capture by Israel in 1967, the west Bank was territory sovereign to Jordan, by then UN Member state and High Contracting Power. Which is why  the UNSC considers Geneva Convention IV to apply.

The vast majority of the International Community of Nations have already recognized Palestine as a state in accordance with the Palestinians 1988 declaration of statehood, where Palestine conceded 78% of their rightful territories for peace with Israel.  Israel’s reply was to ignore and create even more illegal facts on the ground.

Despite hundreds of UNSC resolutions affording Israel hundreds of opportunities to adhere to the binding Laws, UN Charter and relevant binding conventions those resolutions reaffirm and emphasize, why does Israel insist  maintaining its stance in respect to the territories “outside the State of Israel” … “in Palestine” ?

Perhaps the answer lies in one line of  A) the Declaration of the Establishment of the State of Israel “The state of Israel ….will be based on freedom, justice and peace as envisaged by the prophets of Israel and one line from; B) Deuteronomy 20:15 which describes how territories not belonging to neighbouring states should be treated.

…1948 …discussing the Declaration…

Ben-Gurion did not want to limit themselves from the outset: We accepted the UN Resolution, but the Arabs did not. They are preparing to make war on us. If we defeat them and capture western Galilee or territory on both sides of the road to Jerusalem, these areas will become part of the state. Why should we obligate ourselves to accept boundaries that in any case the Arabs don’t accept?”

It should be noted that A) the resolution contained the proviso as envisaged in this plan, B) the Jewish Agency’s final acceptance of UNGA res 181 is enshrined in the Declaration of the Establishment of the State of Israel and C) the Israeli Government asked to be and indeed was recognized per the frontiers outlined in the resolution. Furthermore, the resolution contained no clause requiring the Arab States to agree or co-sign, nor could it. It was an offer for “either” party to declare Sovereign Independence over a set of boundaries as envisaged in this plan, if they wished. It was not and could not be demanded or obligatory as it would go against the meaning of ‘independent’. The declaration of one could not be ‘dependent’ on the other. This was confirmed by the Jewish Agency itself prior to declaration Friday, 19 March 1948 Rabbi Silver replacing Mr. Shertok at the Council table as representative of the Jewish Agency for Palestine stated:

“We are under the obligation at this time to repeat what we stated at a [262nd meeting] meeting of the Security Council last week: The decision of the General Assembly remains valid for the Jewish people. We have accepted it and we are prepared to abide by it. If the United Nations Palestine Commission is unable to carry out the mandates which were assigned to it by the General Assembly, the Jewish people of Palestine will move forward in the spirit of that resolution and will do everything which is dictated by considerations of national survival and by considerations of justice and historic rights.” “The setting up of one State was not made conditional upon the setting up of the other State.”

And again Security Council S/PV.271 19 March 1948 The representative of the Jewish Agency, Rabbi Silver:

“The statement that the plan proposed by the General Assembly is an integral plan which cannot succeed unless each of its parts can be carried out, is incorrect. This conception was never part of the plan. Indeed, it is contrary to the statement made by the representative of the United States during the second session of the General Assembly. The setting up of one State was not made conditional upon the setting up of the other State. Mr. Herschel Johnson, representing the United States delegation, speaking in a sub-committee of the Ad Hoc Committee on the Palestinian Question on 28 October 1947, stated, in discussing this very matter in connexion with economic union: “The element of mutuality would not necessarily be a factor, as the document might be signed by one party only.”

UNGA res 181 F. ADMISSION TO MEMBERSHIP IN THE UNITED NATIONS

When the independence of either the Arab or the Jewish State as envisaged in this plan has become effective and the declaration and undertaking, as envisaged in this plan, have been signed by either of them, sympathetic consideration should be given to its application for admission to membership in the United Nations in accordance with article 4 of the Charter of the United Nations. (Article 4 Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations)

In order to be accepted into the UN through a recommendation by the UNSC, Israel had to declare its independence “as envisaged in” the UN plan enshrined in the Declaration of the Establishment of the State of Israel and; the International Community of Nations granted recognition as asked by the Provisional Government of Israel.

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.”

ShortLink to here In the following letter of the 31st August 1949 to Conciliation Commission Israel reveals : A) It’s intention to possess all the non-state (Palestinian) territories in the region. B) It’s admission, by stating it’s intention, that the non-state territories it had acquired by war by 1949 were not it’s own C) It’s admission, by stating it’s intention, that no part of Syria (the Golan) was Israeli. D) It’s admission, by stating it’s intention, that there would be no form of self determination by the Palestinians, relating only to the surrounding Arab states E) Via the final paragraph, if Israel didn’t get it’s way, it would not respect the recognized Sovereign integrity of the Arab states and their right to live in peace

31 August 1949 Addressed to the Chairman of the Conciliation Commission by Mr. Reuven. Shiloah Head of the Delegation of Israel and containing Replies to the Commission’s Questionnaire of 15 August 1949 I have the honour to acknowledge receipt of the Conciliation Commission’s memorandum of August 15 and to convey to you the answers of the Delegation of Israel to the questions submitted therein, 1. The Delegation of Israel is prepared to sign a declaration along the general lines suggested in Chapter I of the Commission’ s memorandum, subject to precision on the following specific points: (a) The Government of Israel considers that the solution of the refugee problem is to be sought primarily in the resettlement of the refugees in Arab territories, but it is prepared for its part, as already indicated to the Commission, to make it’s own contribution by agreeing to a measure of resettlement in Israel. (b) While the Government of Israel cannot bind itself in advance to the implementation of such solutions as the survey group may propose, it will undertake to facilitate the task of this group and to give full consideration to any proposals the group may put forward 2. The Delegation of Israel wishes to offer certain further comments on Chapter I of the Commission’s memorandum, in order to make its attitude perfectly clear: (a) The Delegation of Israel has taken note of the proviso that it is understood that the repatriated refugees will become ipso facto citizens of Israel and that no discrimination will be practised against them both with regard to the civil and political rights which they will exercise and to the obligation imposed upon them by the law of the land. The Delegation is astonished however,that there is no mention of any similar understanding with regard to the refugees to be resettled elsewhere. (b) The Delegation of Israel desires to stress it’s understanding that any repatriation in Israel as indicated by the Commission, would take place subject to financial assistance furnished by the International community and that such assistance would be extended to include the. resettlement of Jewish refugees from the Arab-controlled areas of Palestine (c The Delegation of Israel has already presented to the Commission a provisional estimate of the number of refugees which the Government of Israel would be ready to accept. It is desired, in this connection, to point out that the Government of Israel’s willingness to facilitate the task of the survey group rests within the framework of the contribution which it has declared itself ready to make to the solution of the refugee problem. (d) The Delegation of Israel desires to take this opportunity of reiterating its earlier statement to the Commission that the Government of Israel can agree to the repatriation of refugees to Israel only as part of an overall settlement of the refugee problem and of the Palestine conflict.

Link this bit 3. With regard to the territorial adjustments of which the Commission treats in Chapter II of it’s memorandum, the Delegation of Israel considers that in addition to the territory indicated on the working document annexed to the Protocol of May 12, all other areas falling within the control and jurisdiction of Israel under the terms of the armistice agreements concluded by Israel with Egypt, the Lebanon, the Hashemite Jordan Kingdom and Syria should be formally recognized as Israeli territory. The adjustment of the frontiers so created will be subject to negotiation and agreement between Israel and the Arab Government in each case concerned. 4, In this connection the Delegation of Israel desires to offer a number of observations: (a) The territorial adjustments proposed above has the following effects: (i) No territory forming part of Egypt, the Lebanon, the Hashemite Jordan Kingdom or Syria is added to Israel by this adjustment (ii) No territory ever awarded to Egypt, the Lebanon, the Hashemite Jordan Kingdom or Syria by any international instrument or held by them under any agreement is added to Israel by this adjustment. (iii) No territory in which Egypt, the Lebanon, the Hashemite Jordan Kingdom or Syria exercises authority or jurisdiction under the armistice agreements concluded pursuant to the Security Councils resolution of November 16, 1948 and endorsed by the Security Council’s resolution of August 11, 1949 is added to Israel by this adjustment. If the territorial adjustment proposed were not effected, territory awarded to Israel under an international instrument or held by it under the terms of an agreement (viz: territory in which Israel exercises authority and jurisdiction under, the armistice agreements concluded pursuant to the Security Council’s resolution of November 16, I948 and endorsed by the Security Council’s resolution of August 11, 1949) would be added to one or more Arab States. The Delegation of Israel holds, therefore, that only the territorial adjustment proposed above falls equally in its effects on the rights and position of each negotiating party, makes no encroachment upon existing sovereignties, and preserves the juridical status and actual, stability achieved by the existing agreements. This method of achieving a territorial settlement is furthermore, in precise accord with the resolution adopted by the General Assembly on December 11, 1948 calling upon the Governments concerned to extend the scope of the negotiations provided for in the Security Council’s resolution of November 16, 1948 and to seek agreement by negotiations conducted either with the Conciliation Commission or directly, with a view to the final settlement of all questions outstanding between them. 5, I venture to point out that paragraph 3 above is to be read in the light of the observations offered in paragraph 4, and to request that in any use which the Commission may make of this statement of the Israeli Delegations position, shall not be cited without the addition of paragraph 3. I am Yours faithfully, Reuven Shiloah

THE REPLY: 3 September 1949 addressed to Mr. Reuven Shiloah, Head of the Delegation of Israel, by the Chairman of the Conciliation Commission, Emphatically dismisses the notion. referring Israel back to the armistice agreements. “2. The Armistice Demarcation Line is not to be construed in any sense as a political or territorial boundary, and is delineated without prejudice to rights, claims and positions of either Party to the Armistice as regards ultimate settlement of the Palestine question” NB: (a) The territorial adjustments proposed above has the following effects: …etc etc The territorial adjustments proposed were not accepted, to the opposite effect. Actions speak louder than words. The ‘effects’ have been Israel has: A) failed to have respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force.” B) illegally acquiring by war, Sovereign Syrian territory (Golan ’67). (Israel was requires, agreed and withdrew from Egyptian territory BEFORE peaceful relations were assumed) C) illegally claimed non-state territories belonging to the Palestinians, prior to the question of Palestine being resolved. D) illegally annexed “territories occupied” E) illegally instituted Israeli Civil Law in “territories occupied” F) illegally built Israeli civilian infrastructure and dwellings for illegal settlers in illegally acquired and illegally annexed “territories occupied” G) illegally sold illegally acquired and illegally annexed “territories occupied” to illegal settlers H) has yet to write a constitution i) shown that it cannot be trusted J) As a separate state, taken away the Jewish right to live in all of Palestine, limiting Israeli Jews to only Israeli Sovereign territory unless, they become ILLEGAL settlers or citizens o Palestine or Syria (in the Golan). Furthermore, under the 1948 Israeli military ordinance, still current, it is forbidden for Israeli citizens or residents to travel from Israel into the territories of a hostile entity. Contrary to the Hasbara, the Israeli emergency Law of 1948 prevented Israeli Jews and Israeli Muslims, Israeli Christians et al, from worshiping in Jerusalem from 1948 – 1967.

It is of course quite common for countries at war to either expel or inter foreign nationals and/or possible 5th columnists and to freeze their assets.  It’s also common to repatriate then and release their assets at the close of hostilities.

October 12, 2013

The new Palestinian National Anthem according to Netanyahu


want a state

February 8, 2011

Palestine. A country, a state? Mandate period treaty documents between Palestine and Great Britain, Ireland, Iraq, Syria, TransJordan, Turkey, Egypt seem to confirm that it was.


…It’s actually quite simple. If it isn’t the “acknowledged” sovereign territory of Lebanon, Syria, Jordan, Egypt or Israel, it’s a territory of Palestine…

ShortLink http://wp.me/pDB7k-Qh

League of Nations Mandate for Palestine:
The Council of the League of Nations “Whereas the Principal Allied Powers have agreed, for the purpose of giving effect to the provisions of Article 22 of the Covenant of the League of Nations, to entrust to a Mandatory selected by the said Powers the administration of the territory of Palestine, which formerly belonged to the Turkish Empire, within such boundaries as may be fixed by them; “
http://www.mfa.gov.il/MFA/Peace%20Process/Guide%20to%20the%20Peace%20Process/The%20Mandate%20for%20Palestine

League of Nations Convenant: Article 22. Part I. (4th paragraph)
“Certain communities formerly belonging to the Turkish empire have reached a stage of development where their existence as independent nations can be provisionally recognized subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone. The wishes of these communities must be a principal consideration in the selection of the Mandatory.”
http://avalon.law.yale.edu/20th_century/leagcov.asp#art22

League of Nations 30 November 1937 C.495.M.336.1937.VI. Geneva, November 30th, 1937

Chapter X. – Conclusion
” It means that the Arabs must acquiesce in the exclusion from their sovereignty of a piece of territory, long occupied and once ruled by them.”

——

Additional research from Michael

Prior to the Mandate – Great Britain, Ireland and Palestine:
“Article 2. The Money Order Service between the contracting countries shall be performed exclusively by the agency of Offices of Exchange.
Article 7. Duplicate Orders shall be issued only by the Postal Administration of the country of payment and in conformity with the regulations established or to be established in that country.
Article 8. When it is desired that an error in the name of the payee shall be corrected, or that the amount of a Money Order shall be repaid to the remitter, application must be made by the remitter to the Chief Office of the country in which the Order was issued.
Article 9. Repayment of an Order shall not, in any case, be made until it has been ascertained, through the Chief Office of the country where such Order is payable, that the Order has not been paid and that the said Office authorizes the repayment.
Article 10. Orders shall remain payable in each country for twelve months after the expiration of the month of issue ; and the amounts of all Money Orders not paid within that period shall revert to and remain the property of the Administration of the country of issue.”

http://www.worldlii.org/int/other/LNTSer/1922/144.pdf

Iraq, Syria, TransJordan, Turkey and Palestine:
“Article I. The High Contracting Parties undertake to créât and maintain an ” International Office
for Information regarding Locusts “. Its seat shall be at Damascus, and its expenses shall be defrayed by the Contracting Parties in equal shares.
Article II. The Office shall operate under the authority and control of a Committee composed of delegates of the Contracting States.
Article III. The expenses of setting up the office and the annual expenses of running it shall be supported by the Contracting States according to the conditions laid down by the Organic Statute mentioned in Article II.
Article IV. The contributions of each of the Contracting States shall be paid in through the intermediary of the High Commissariat of the French Republic in the States of Syria to the Bank of Syria and Lebanon at Damascus, whence the money shall be withdrawn, as need arises, on the order of the Director of the Office. Each of the Contracting States shall make its first annual payment within three months from the date when this Agreement is approved by their respective Governments.”

https://iea.uoregon.edu/treaty-text/1926-internationalofficeinformationregardinglocustsentxt

International Commerce Agreement with Egypt and Palestine:
“The Egyptian Government therefore agrees, on the basis of complete reciprocity, to grant most-favoured-nation treatment to products of the soil and of industry originating in Palestine and imported into Egyptian territory for consumption, re-exportation or transit.”
https://iea.uoregon.edu/treaty-text/1926-internationalofficeinformationregardinglocustsentxt

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…

Shortlink http://wp.me/pDB7k-Gl

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!

Israel vs Palestine. Occupation is a position of TRUST. There is an OBLIGATION and a DUTY to PROTECT the occupied, their property and their territory.


…It’s actually quite simple. If it isn’t the “acknowledged” Sovereign Territory of Lebanon, Syria, Jordan, Egypt or Israel,
then it’s the territory of what remains of Palestine since Jordan and Israel declared their Sovereign Independence from Palestine in 1946 & 1948.

ShortLink http://wp.me/pDB7k-Gb

Jerusalem Declared Israel Occupied City by Israeli Government Proclamation12 Aug 1948

Israel has never legally annexed any of this territories or any other territory it captured in the 1948/49 war.

The Occupying Power cannot legally annex without agreement with the civilian population of the territory being annexed, sans the citizens of the Occupying Power.

And Israel’s illegal annexation of east Jerusalem and the Golan, captured in the ’67 war were condemned by the UNSC.

Today Israel still occupies Palestinian territories, according to UNSC Res 1860 Jan 2009

CHAPTER XI: DECLARATION REGARDING NON-SELF-GOVERNING TERRITORIES
Article 73“Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end etc etc “

——
First, read the UN Charter, care fully. It is actually a fine document with noble aspirations. Perfect? No. Nothing is perfect. However nothing, by it’s very nature, simply doesn’t exist.

What does exist is a set of rules for when parties cannot, do not or refuse to resolve their conflicts. Many of the rules exist because of the fate of the millions who suffered the horrors brought on by the Nazis. The UN High Commissioner for Refugees exists in large part because of the dispossession and deaths of European Jews and countless millions of other innocent people.

The rules have been accepted by all UN Members, without reservation. A UN Member State cannot opt out of ANY of the UN Charter which BTW reminds UN Members of their obligations to International Law and conventions already ratified by the majority (passing into Customary International Law) before Israel became a member.

Under the UN Charter there is an obligation and a duty for the UN/UNSC and/or Regional Powers after having stated their intentions to the UNSC, to intervene when a UN Member state acts illegally outside the extent of it’s sovereignty. They’re the rules Israel unconditionally accepted in order to become a United Nations Member.

Under the UN Charter (Chapt XI) non-selfigoverned territories are to be afforded protection by UN Member States. Occupation is a position of TRUST. There is an obligation and a duty to protect the occupied, their property and their territory. There is an obligation to assist the occupied in achieving statehood with all their rights, in all of their rightfull territories.

Israel is doing exactly the opposite while the world stands by, terrified of being called Antisemitic if they dare criticize, even though justifiable criticism is founded in the very laws Israel swore to uphold. Influenced by the Hasbara provided by the squeakiest door in the building. Fearfull of what the little Red Heifer in the Middle East might do to the china shop if held to account.

Israel’s founders at the time of declaration were well aware of the legal implications of declaring sovereignty. Well aware of the UN Charter, Laws of War & Geneva Conventions, before committing to them. Israel’s legal advisers were not naive. They were aware of every word, every punctuation mark, every exacting detail. They know full well that as long as a resolution or the writing of a resolution is being disputed, no action can be taken. None more obvious than the delaying tactic of arguing over the word ‘the’ in UNSC Res 242.

Unless the Zionist Federation were idiots, and we know they weren’t, when Plan Dalet was launched they must have known Israel could not be held to account by the UN until it joined the UN. The UN cannot censure non-members. However, the Declaration of the Establishment of the State of Israel, says “it will be faithful to the principles of the Charter of the United Nations. “

A search of the UNSC resolutions on the conflict from 14th May 1948 till admission to the UN reveals no direct demand or censure on Israel. After admittance May 11, 1949, we see the UN directly censuring Israel.

Israel’s narrative now is “The UN is biased against Israel, why doesn’t the UN censure the Palestinians, Hamas?”. Well, unless idiots are running the country, it’s BLOODY OBVIOUS!!

September 22, 2010

Negotiations between the State of Israel and the Palestinians. What are they really about?


…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…

ShortLink http://wp.me/pDB7k-A5

territories illegally acquired by war by Israel-never legally annexed
Click for
Highly Detailed Google Earth Overlay
The actual legal status of the two parties

Israel is already an Independent Sovereign State. In order to be an Independent Sovereign state, it must have defined boundaries over which it has total control. Israel’s boundaries were defined by the Jewish People’s Council’s acceptance of UNGA Res 181, May 14th 1948. Based on the information disseminated to the International Community of States May 14th 1948 by the provisional Government of Israel, Israel was recognized by the majority of the International Community of States by it’s declared boundaries, over riding the Arab States legal objections. The Israeli Government confirmed the extent of Israel’s sovereignty to the UNSC on May 22nd 1948 and on June 15th 1949.

Israel has never legally annexed ANY territories outside of it’s declared Sovereignty. Even territory ‘acquired’ by force/war, defensive or aggressive, must be legally annexed, via an agreement with the entity having territories annexed.

Within Israel’s actual Sovereign boundaries, it has every right to defend itself against all comers in accordance with the UN Charter, International Law, The Laws of War and the GC’s it has ratified. It can make any laws it wishes.

Outside of it’s Sovereign boundaries, in territories ‘acquired’ by war by 1950, illegally annexed “territories occupied” and in other “territories occupied”, it comes under the scrutiny of the UN/UNSC and the other Regional Powers, who BTW have a right to military intervention.


Entity of Palestine

Palestine was a provisional State under the Mandate. It’s borders were legally defined by default by the Internationally acknowledged boundaries of the Sovereign states surrounding it. Including Israel, the day it was declared.

Under the British Mandate, all citizens of Palestine were Palestinians. (including Jewish folk). TransJordan meanwhile was under a separate administration, a state without full independence. In 1946 TransJordan achieved full Independence. Only the folk who lived in the area that became TransJordan had automatic right to become Jordanian citizens. Folk outside the area did not.

What remained of Palestine after Jordan’s independence, was still called Palestine until Israel was declared independent of Palestine May 14th 1948. What remains of Palestine is still called Palestine and it is still a provisional State. It’s status has never been legally altered.

Neither the Jewish homeland state or Jordan are in or a part of Palestine, having declared their Independence from it. Furthermore, corpus separatum was not instituted over Jerusalem, none of Jerusalem was within Israel’s declared sovereignty and Israel has never legally annexed ANY territory. Jerusalem’s status as part of Palestine, has never legally changed.

In order for an entity to declare itself an Independent Sovereign State, it must A) control all of it’s declared territories B) Be completely free of all dependencies on or imposed by other entities C) the declaration must be made by a non-political party, representing all the people of the entity, regardless of their political preferences. (E.g., the Jewish People’s Council, a non political body, formed specifically to declare statehood and to last only until a State Government has been formed. A state must be formed before a State Government can exist)

Throughout it’s entire history Palestine has always had some entity in control of all or some of it’s territories. It has never had the opportunity to miss AND Palestine has not had a name change since the Roman era. It’s citizens are still Palestinians.


Israel is being asked to adhere to it’s voluntary obligations to the UN Charter, the Conventions it has ratified and it’s voluntary obligations to International Law. This is a obligation, negotiations or no negotiations.

So what do the negotiations actually represent?

Are they negotiating Israel making concessions to the Palestinians? No. Israel cannot make a concession with something that is not Israeli. Under Israel’s voluntary obligations, territories acquired by war and the illegal annexation of “territories occupied” are simply not within the extent of Israel’s Internationally recognized Sovereignty.

Is a peace agreement being negotiated? No. A peace agreement cannot be made until Palestine has been declared a State and a State Government has been elected and a Palestinian declaration of Independence cannot come into effect under ANY form of occupation or control by another entity. The Israeli declaration of the State of Israel did not come into effect until “..one minute after six o’clock on the evening of 14 May 1948, Washington time”, AFTER the British Mandate (occupation) ended. Israel must first withdraw before a a state can be recognized AND before peace agreement is fully effective. (see the Egypt Israeli Peace Agreement)

Is RoR being negotiate? No RoR is an individual right. Under which the Israeli Government has the right to veto any application that does not met the criteria. The Palestinian leadership can only demand Israel recognize the right.

The official Palestinian demand for recognition of RoR is based on UNGA Res 194 which is in turn based on the UNHCR definition. It does not include all lineal descendants. People must have lived in the region of return.

What IS being negotiated : is how generous the Palestinians will be in helping Israel out of the deep ILLEGAL HOLE it has dug for it’s citizens. The hundreds of thousands of Israelis who have been living OUTSIDE of Israel’s Sovereign territories.

The Palestinians only ask for their legal rights.

Israel asks for the right to territory which is not it’s own

September 18, 2010

If Israel legally annexes territories after this round of negotiations, it will tell us two major realities.


…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…

ShortLink http://wp.me/pDB7k-Bg

Perhaps the most ironic outcome would be were Israel to legally annex ANY territories in a negotiated outcome.

It would

A) Quite clearly show that all along those territories were NEVER actually sovereign to Israel, thereby dispelling the twaddle peddled by those who say it is already Israeli territory.

B) Quite clearly show the generosity of the Palestinian people by forgoing the right to all their territory in order to have peace and perhaps, if they wish, declare a state or independent sovereignty.

Meanwhile., no one can force a people to accept a deal that is less than their rights. Nor can they be forced to declare statehood with anything less that their rightful territories. It’s up to the OCCUPYING Power, as a TRUSTee, to recognize those rights.

In the end the only way the Palestinians can have a state, is when occupation ends.

The declaration of the State of Israel ONLY came into effect AFTER the British Mandate (occupation as a TRUSTee) ENDED . INDEPENDENCE. Look it up. …

September 7, 2010

Is one half of Israel only worth $50 billion?


…It’s actually quite simple. If it hasn’t been legally annexed to, or isn’t the “acknowledged” Sovereign Territory of Lebanon, Syria, Jordan, Egypt or Israel,
then it’s a territory of what is left of Palestine after the existing states have defined their boundaries in order to be recognized as independent of Palestine….

Shortlink – http://wp.me/pDB7k-AV

Haaretz – Tue, September 07, 2010 Egypt FM: Palestinians could get $50 billion in compensation under peace deal

Within the comments we can read comparisons to the Arab states expelling Jewish folk post 1948 or Germany’s Holocaust reparations and the illegal acquisition of territories of Palestine by Israel. They reflect the complete mis-understanding of the two situations. I do not agree with ANY of the parties actions BTW.

‘real estate’ and ‘territories’ are two quite different things. ‘real estate’ is bought and sold to and by private individuals, corporations, institutions (even state institutions), this does not make it the ‘territory’ of the buyer. ‘territory’ is the stuff of states and/or entities.

Germany and the Arab States confiscated ‘real estate’ belonging to Jewish folk living in their respective state ‘territories’. Israel on the other hand, has illegally acquired some 50% of the ‘territory’ of Palestine. This is roughly equivalent to 50% of the actual Sovereign Territories of Israel itself. Would you value 50% of Israel at only $50 billion?

I doubt anyone in their right mind would. Yet for some folk, it’s an amount too much for the ‘p’alestinians for the equivalent territory. Amazing!

April 29, 2010

Israel vs the entity of Palestine. Is Ashkelon in Israel? Maps. Declared and non-declared territories.


…It’s actually quite simple. If it isn’t the “acknowledged” Sovereign Territory of Lebanon, Syria, Jordan, Egypt or Israel,
then it’s the territory of what remains of Palestine since Jordan and Israel declared their Sovereign Independence from Palestine in 1946 & 1948. Neither are a part of Palestine, nor is it a part of Lebanon, Syria, Jordan, Egypt or Israel

ShortLink http://wp.me/pDB7k-tM

Plan Dalet was instigated in the months prior to Declaration, exacerbating and escalating the existing civil war. By 15h May 1948 Jewish forces were already outside of the territories allocated for a Jewish State under UNGA res 181 and which the Jewish Agency had accepted as “binding”. The moment Israel was declared an independent state, what had been a civil war in Palestine, became a war waged by the self declared Independent Sovereign State of Israel on what remained of the non-self-governing territory that remained of Palestine.

The basis of Israel’s recognition by the majority of the International Community of Nations/States (over riding the Arab states legal objections), is the : 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.” Also The US acknowledgement has ‘Jewish State’ crossed out and replaced with the “State of Israel”.

The US recognized Israel, 11 minutes after it was declared. “…. within frontiers approved by the General Assembly of the United Nations in its Resolution of November 29, 1947” . The recognition of the limits of Israel’s sovereign extent, echoed by the British after an Israeli Government was elected to the State of Israel and confirmed by the Provisional Israeli Government on May 22nd 1948 at the same time acknowledging Palestine as a separate entity to Israel, has been the basis of the UN and UNSC resolutions for Israel’s actions in “territories, outside the State of Israel” . Actions that have been contrary to the Laws, the UN Charter, the Conventions Israel has ratified and the Chapter VI resolutions the UNSC has passed against Israel’s actions outside of its sovereign extent.

The US veto in the UNSC on Chapt VII resolutions which would find Israel facing the consequences of its illegal actions, is irreconcilable with the official US recognition of Israel on May 15th 1948 and Israel’s illegal territorial acquisitions since being recognized.

By Israel being declared an Independent State, the territories that remained of Palestine, now bounded by the new State of Israel and the four surrounding Arab States were by default, A) not Israeli and; B) independent of Israel.

Israel has never legally annexed ANY territories! Not the “territories occupied” during the ’67 war, OR the territories ‘acquired’ by war by the time the Armistice Agreements were signed in 1949, when Israel was a UN Member state, bound to the Charter in its entirety

Before Israel was admitted to the UN, it was already by International Law inadmissible to ‘acquired’ territory by war. Any war. The law does not differentiate between defensive, aggressive, legal illegal or preemptive war. (see difference between ‘acquire’ and ‘restore’ according to the oft quoted (Professor) Stephen M. Schwebel .

Even territory captured in war must be legally annexed through a referendum of the citizens of the territory to be annexed, sans the citizens of the state wishing to annex. (see the legal annexation of Texas by the USA) So too the annexation of Alaska and Hawaii, both by the same legal process. By which the US itself was instrumental in the legal custom of annexation passing into the Customary International Law and on which UNSC res 252 and its eight reminders are based. It was also instrumental in forming the basis of self determination.

The legal precedent being set by the US itself, is rather irreconcilable with the US veto vote on Chapter VII resolutions in the UNSC, especially as the US recognized Israel as the Israeli Government pleaded to be recognized!

Maps (ShortLink to these maps http://wp.me/pDB7k-tM#maps )
DETAILED Partition Overlay Map (dotted blue lines) for Google Earth
Including the detailed text of the recommended boundaries Israel declared and were acknowledged by the majority of the International Community of nations.
1947 Partition Google Earth Overlay
How to adjust the transparency of the overlay in Google Earth

Partition boundaries accepted by Israel
Enlarge – used in the overlay

Link to here
Exactly WHO is being wiped off the map?
Who is being wiped off the map?
(rough representation only)

LinkTo this section http://wp.me/pDB7k-tM#isdud-vs-ashdod

The Isdud of Palestine 1948 is not the Ashdod of Israel 2010

The Isdud referenced in the 1948 /50 war – 31°45’11.38″N 34°39’47.21″E
Was within the territory allocated to what remained of the entity of Palestine post May 14th 1948.
It is incorrect to say the Arab States attacked Ashdod in Israel. It didn’t exist in Israel in 1948/50
The Ashdod of Israel was only established in 1956.
Egyptian forces went as far as the Isdud of 1948/50

“From the southern point of intersection the boundary lines run north-westwards between the villages of Gan Yavne and Barqa to the sea at a point half way between Nabi Yunis and Minat El-Qila, and south-eastwards to a point west of Qastina, whence it turns in a south-westerly direction, passing to the east of the built-up areas of Es Sawafir Esh Sharqiya and ‘Ibdis.”
Google Overlay

Isdud Palestine 1948 vs Ashdod Israel 2010 (kmz file)

The Asdod of 1956/2011 occupies an area closer to the coast.
The boundaries of the city mirror almost exactly the coastal sands at 45′.
They traverse the declared boundary to the South of 45′. The territory South of Israel’s declared boundary at the West coast has never been legally annexed to Israel.


(ShortLink to non-annexed territories http://wp.me/pDB7k-tM#nonannexed-territories )
Israel has never legally annexed these territories to it’s sovereignty! Neither the British, the US or Russia acknowledged them as Israeli

northern territories southern territories

Bee’er Sheba (Sheva)
(ShortLink to this map http://wp.me/pDB7k-tM#beersheba )
https://talknic.files.wordpress.com/2011/02/beersheba.jpg

March 30, 2010

Why are some of the most important documents relating to Israel’s Sovereignty never cited by people who justify the illegal acquisition of Palestinian territory?


…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 the non-state entity of Palestine…
ShortLink http://wp.me/pDB7k-sa

Broadcast to the nation by Prime Minister Ben-Gurion- on Sabbath- 15 May 1948 The State of Israel was established yesterday and its Provisional Government has already turned to the nations of the world, great and small, in the East and in the West, announcing its existence and its desire to co-operate with the United Nations in the interests of international peace and progress. We have received unofficial reports that several countries have recognised the State of Israel. The first official recognition came from the government of the United States of America.

1) The statement Israel issued on declaring Sovereign Statehood and on which the majority of the International Community of States granted recognition to Israel, over riding the Arab State’s legal objections.

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.” Also available as PDF from the Truman Library Research attrib

(ShortLink to more maps http://wp.me/pDB7k-tM#maps )
DETAILED Partition Map.
(dotted blue lines) Overlay for Google Earth – Including the detailed text of the recommended boundaries. The boundaries Israel declared and were acknowledged by the majority of the International Community of nations.
1947 Partition Google Earth Overlay

Link to this section http://wp.me/pDB7k-sa#British_recognition
The British recognition, based on the above, the law and Israel’s armistice AGREEments

2) 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 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 outside it’s Declared Sovereign boundaries, and there has never been any final settlements, between Israel and the non-state entity of Palestine or the Arab States, to replace them

The Palestinians have never in the entire history of the region been able to declare independence because there has ALWAYS been some other entity in control of part or all of their territories. By the end of the British Mandate (occupation), when they should have been able to declare independence, if they wished. (independence is by it’s nature a completely unilateral, independent, decision). However, there were already Jewish forces in control of territories slated for the new Arab State, making it impossible for them to declare independence, simply because they were not and are still not, free of another entity’s control.

MORE

January 2, 2010

The recognition of Israel. De jure? De facto? The Jewish State?


…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…

ShortLink http://wp.me/pDB7k-lA

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 of 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.

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 of 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. Annexation is of territory and its citizens.

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 per UNGA res 181, in order to be recognized as an Independent 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, UN/UNSC resolutions remind parties of laws, the UN charter etc 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 on 15 May 1948, 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, midnight 14th May 1948

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)

Link to this section
Statements made by the Jewish Agency to the UN/UNSC prior to recognition in respect to UNGA res 181 made it quite clear The Jewish Agency was going to abide by UNGA res 181. Recognitions were based on the notion that Israel accepted UNGA res 181 and the Israeli Government’s pleas for recognition to states.

The Montevideo Convention on the Rights and Duties of States (entered into force on December 26, 1934), which required ” b ) a defined territory;” All those signatories would have required the same lest they breached the convention by recognizing a state without a defined territory.

Examples of recognition :
USA 15 May 1948 “… as an independent republic within frontiers approved by the General Assembly of the United Nations in its Resolution of November 29, 1947…”

Russia 17 May 1948
Letter from Mr. Molotov stated: “Confirming receipt of your telegram of May 16, in which you inform the Government of the USSR of the proclamation, on the basis of the resolution of the United Nations Assembly of November 29, 1947, of the creation in Palestine of the independent State of Israel and make re-quest for the recognition of the State of Israel and its provisional government by the USSR. I inform yon in this letter that the Govern-ment of the USSR has decided to recognize officially the Stale of Israel and its Provisional Government.”

British 27 April 1950 The British Foreign Office issued a statement on May 17 to the effect that Great Britain would not recognize Israel for the time being because it had not fulfilled the “basic criteria” of an independent state. The British waited until a political party was elected to Govern the State of Israel, 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 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.” Thus far nothing has replaced them.

Australia 28 January 1949 “… on the basis of the resolution of the United Nations Assembly of November 29, 1947…”

New Zealand 29 January 1949 “It is the understanding of the New Zealand Government that the settlement of boundaries and other outstanding questions will be effected in accordance with the resolution of the General Assembly of the United Nations of 11 December 1948.”

Israel has never legally annexed any territory. Unilateral annexation is not legal. It must be under a treaty or agreement via a referendum and; “territories occupied” and never withdrawn from or legally annexed, are still ‘occupied’.

December 1, 2009

The Palestinians could have had a state next to Israel 62 years ago. Just another Fairy Tale from the Fallacy Factory.


…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…

Shortlink http://wp.me/pDB7k-jA

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

northern territories southern territories

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.

October 19, 2009

Lying for Israel since 1948. The BIGGEST LIE!


Shortlink http://wp.me/pDB7k-gm



THE BIGGEST LIE!
UNGA res 181 is irrelevant, Israel’s borders have never been defined

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.”

Also bear this in mind. Israel has never legally annexed any territory outside it’s Declared Sovereign borders. Ever!

How many people on the planet believe the fallacy?
Prime Ministers, Senators, Presidents, politicians, civilians
and worst of all ISRAELI CITIZENS!!

Israeli citizens who have been led to believe they are living in Israel.
Israeli citizens in Ashkelon, Beer Sheeba.
Israeli citizens in a big chunk of territory bordering Lebanon.
Israeli citizens whose lives have been sacrificed for the Zionist dream of a Greater Israel.

How much longer can the world allow this fallacy to pollute the issue?
How much longer can the International Community turn a blind eye to this deceit?
How much longer will honest Israeli citizens allow themselves to be used by a corrupt, cabal of people who are willing break the very basic tenets of Judaism?

Enough is enough already!
Jewish folk were given, completely gratis**, a big chunk of land for a Sovereign homeland. Enough territory for every Jewish person on the planet today.
The extent of Israel’s Sovereignty had been declared & confirmed by the Israeli Government with the UNSC on May 22nd 1948 admitting to having territories “outside of Israel” It was further confirmed with the UNSC by the Israeli Government on June the 15th 1949
Instead of being grateful, Israel has taken more and more and more.
Illegally ‘acquired’ by war, illegally acquired through illegal annexation.
Illegally acquired through illegal settlements in “territories occupied” NOT belonging to Israel!
ILLEGALLY sold to those who are either complicit, or ignorant of what has and is still being done in the name of all the world’s Jewish population.

** ‘real estate’ is not territory.
The US paid Mexico for their territories.
How much did Israel pay?

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