Israel's Legal Right To Exist

P F Tinmore, Contumacious, Challenger, et al,

There are some good points to be had in this exchange. Let's see if I can address them.

The Armistice DID NOT CUT Palestine into any occupations.
It is true that the Armistice Agreements did not mention occupation but none of the forces were withdrawn. They stayed and occupied their respective territories.
(COMMENT)

Each Armistice agreement, made between the military representatives, stopped the forward advance of each opposing forces relative to the other. Withdrawal of forces to the Armistice Demarcation Line and the reduction of forces (if any) to defensive strength in accordance with the individual agreements.

An Armistice (Princeton Unv WolrdNet --- cease-fire, truce --- a state of peace agreed to between opponents so they can discuss peace terms) is suppose to be a temporary measure. In 1949, establishing the cease fire, both Egypt and Jordan attempted to capitalize on the extension of sovereignty in different ways. But clearly, those designs by distinguished members of the Arab League were neutralized by the 1967 Six Day War.

Lord Caradon, who was the permanent representative of the United Kingdom to the United Nations from 1964-1970, and was the chief drafter of Resolution 242, said:

"It would have been wrong to demand that Israel return to its positions of 4 June 1967 because those positions were undesirable and artificial. After all, they were just the places the soldiers of each side happened to be the day the fighting stopped in 1948. They were just armistice lines. That's why we didn't demand that the Israelis return to them and I think we were right not to ..."​

Eugene Rostow was a former dean of Yale Law School who served as U.S. Undersecretary of State for Political Affairs from 1966-1969, and helped draft Resolution 242. He said:

“Five-and-a-half months of vehement public diplomacy in 1967 made it perfectly clear what the missing definite article in Resolution 242 means. Ingeniously drafted resolutions calling for withdrawals from ‘all’ the territories were defeated in the Security Council and the General Assembly. Speaker after speaker made it explicit that Israel was not to be forced back to the ‘fragile’ and ‘vulnerable’ Armistice Demarcation Lines, but should retire once peace was made to what Resolution 242 called ‘secure and recognized’ boundaries, agreed to by the parties. In negotiating such agreements, the parties should take into account, among other factors, security considerations, access to the international waterways of the region, and, of course, their respective legal claims.”​

Derivative SOURCE: DiscoverTheNetworks.ORG

Indeed, they botched that too. The UN was just one flop after another.
(COMMENT)

That is your opinion and your entitled to make any assessment you might find descriptive. Just as it is my opinion that no participants in the historical events of that time was as successful as they would have liked to have been.

Israel has no right to exist in Palestine.
None.
Over and out.
(COMMENT)

And I guess that was the issue that the 1948/49 Israeli War of Independence was suppose to address. And out of the participants to that conflict, Israel has made peace with both Egypt, which had control of the Gaza Strip until 1967, and Jordan, which had control of the West Bank and Jerusalem until 1967.

Montevideo Convention on the Rights and Duties of States

ARTICLE 3
The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its interests, administer its services, and to define the jurisdiction and competence of its courts.

The exercise of these rights has no other limitation than the exercise of the rights of other states according to international law.

ARTICLE 4
States are juridically equal, enjoy the same rights, and have equal capacity in their exercise. The rights of each one do not depend upon the power which it possesses to assure its exercise, but upon the simple fact of its existence as a person under international law.

ARTICLE 5
The fundamental rights of states are not susceptible of being affected in any manner whatsoever.

ARTICLE 6
The recognition of a state merely signifies that the state which recognizes it accepts the personality of the other with all the rights and duties determined by international law. Recognition is unconditional and irrevocable.

I do not care if you do not recognize the Right of Israel to exist. Recognition by you and your likeminded is irrelevant. The Reality is that in the "Tangle Universe" there is a place called Israel and it does exist.

Article 1 --- International Covenant on Civil and Political Rights

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
Article 1(2) --- UN Charter

To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;

Now, if you are saying that only the Arab Palestinians have that right, then you need to say so. The Israelis declared and defended their self-determination to establish the Jewish State of Israel as their National Home.

1. Exactly, sovereignty was transferred by treaty, which is nothing to do with the point you were trying to make, as far as I can tell.

2. Illegally. Syria disputes sovereignty and the UN agrees with Syria.

3. Rubbish. The west bank was handed over to the PLO as sole legitimate representatives of the Palestinian people so that they could pursue their right of self determination. At no point was the West Bank ever considered Terra Nullius (it's spelt "Nullius" not "Nullis", BTW) by anyone except the Zionist regime.

4. It's called invasion or belligerent occupation.

5. Anyone ever tell you it's stupid to say "never" when talking about sovereignty?
(COMMENT)

Answer 1. The point I'm trying to make is that under treaty, the Title and Rights of the territory were passed from the Sovereignty of the Ottoman Empire/Turkish Republic to the Allied Powers. The Allied Powers recognized the Israeli self-determination to establish the Jewish National Home.

Answer 2. The UN and Syria are welcome to exercise the Principles of International Law concerning Friendly Relations, once the State of Syria engages in Peace talks under Armistice from the 1948 Act of Aggression. In those talks, the necessary restitution and reparation discussed --- agreed upon pertaining to the Syrian use of force on territorial frontiers of Israel.

Answer 3. It is TRUE that the Arab League Summit of Rabat, Morocco (October 1974) presented the PLO as ″the sole legitimate representative of the Palestinian people; with conditions:

• It did not relinquish any territory, as the Arab League had no rights or title to territory. It said: "Palestinian territory that is liberated."

• The territorial venue was based on a future established.
In 30 July 1988, the Hashemite Kingdom cut all ties to the West Bank. Israel had already established "effective control: over the West Band and parts of Jerusalem. The PLO have not yet declared independence. When a "prior sovereign has expressly or implicitly relinquished sovereignty," that is the very definition of Terra Nullius.
Yes, you are absolutely correct about my spelling. My typing is very much atrocious. Please except my apology for this mistake and the many, many more future mistakes I will make in the future. I will even make grammatical errors quite frequently. I am not perfect by any means (and will "never" be perfect).

Answer 4. Well (you will have to excuse me), most Arab Palestinians constituents of the West Bank, Jerusalem and the Gaza Strip are considered member of the community which provides material assistance to Jihadist, Deadly Fedayeen, Hostile Insurgent, Radicalized Islamist, and Asymmetric Fighters operating in opposition to the Article 43 Hague Regulation on matters of to restoring, and ensuring public order and safety. Thus, when we speak of "effective control" --- we are speaking of the Article 42 Requirements that describes Territory considered occupied when it is actually placed under the authority of the Government.
"The occupation extends only to the territory where Israeli authority has been established and can be exercised." This is an important distinction. In the West Bank, Areas "A" and "B" are areas in which the Israelis do not have effective authority or control; thus, not under Occupation in the strict compliance sense.

An invasion is an an entirely different action altogether. "In fact, belligerent occupation is regarded as a species of international armed conflict and treated as such by the relevant instruments of IHL, particularly the Hague Regulations of 1907 and the Geneva Conventions of 1949." Thus, the use of the term "belligerent" implies:

International armed conflicts (IAC), opposing two or more States,
• For example, there may be an IAC, even though one of the belligerents does not recognize the government of the adverse party.

Answer 5. Yes, "never" and "always" are (generally) terms of statements that add emphasis as to the probability of whatever occurrence it describes. They are not statements of proof. Just as the statement "Why are there exceptions to every rule;" because the question itself is non-sensical. The same is true of the term "infinite."

Most Respectfully,
R
 
Challenger, et al,

Surely you jest.

You don't know very much at all, that's obvious from your posts.
(COMMENT)

"People who think they know everything are a great annoyance to those of us who do."
Isaac Asimov
Read more at: Isaac Asimov Quotes

"Five things that annoy me; Rude people, cocky people, stuck up people, smelly people, & people who think they know everything."
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Most Respectfully,
R
 
"It would have been wrong to demand that Israel return to its positions of 4 June 1967 because those positions were undesirable and artificial. After all, they were just the places the soldiers of each side happened to be the day the fighting stopped in 1948. They were just armistice lines. That's why we didn't demand that the Israelis return to them and I think we were right not to ..."
I agree 100%. Israel should withdraw to its defined international borders of 1948. Anything more would be an aggrandizement of territory by war.
 
Terra Nullius
concept of unowned land: in Australia, the idea and legal concept that when the first Europeans arrived in Australia the land was owned by no one and therefore open to settlement. It has been judged not to be legally valid.
 
ARTICLE 3
The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence,
Indeed, and the Palestinians legally declared independence in 1948 and have every right to defend themselves.
ARTICLE 4
States are juridically equal, enjoy the same rights, and have equal capacity in their exercise. The rights of each one do not depend upon the power which it possesses to assure its exercise, but upon the simple fact of its existence as a person under international law.
 
Which are detailed in what treaty, remembering that the UN is incapable of delineating any nations borders. But the agreed borders include gaza Jerusalem west bank and the golan heights
 
ARTICLE 3
The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence,
Indeed, and the Palestinians legally declared independence in 1948 and have every right to defend themselves.
ARTICLE 4
States are juridically equal, enjoy the same rights, and have equal capacity in their exercise. The rights of each one do not depend upon the power which it possesses to assure its exercise, but upon the simple fact of its existence as a person under international law.






Wrong as they tried to steal the land after Israel had already declared independence on it. This made their claim null and void. That is why they now have less than they began with
 
ARTICLE 3
The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence,
Indeed, and the Palestinians legally declared independence in 1948 and have every right to defend themselves.
ARTICLE 4
States are juridically equal, enjoy the same rights, and have equal capacity in their exercise. The rights of each one do not depend upon the power which it possesses to assure its exercise, but upon the simple fact of its existence as a person under international law.






Wrong as they tried to steal the land after Israel had already declared independence on it. This made their claim null and void. That is why they now have less than they began with
I hear the talking point but nothing to prove it to be true.
 
ARTICLE 3
The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence,
Indeed, and the Palestinians legally declared independence in 1948 and have every right to defend themselves.
ARTICLE 4
States are juridically equal, enjoy the same rights, and have equal capacity in their exercise. The rights of each one do not depend upon the power which it possesses to assure its exercise, but upon the simple fact of its existence as a person under international law.






Wrong as they tried to steal the land after Israel had already declared independence on it. This made their claim null and void. That is why they now have less than they began with
I hear the talking point but nothing to prove it to be true.

If Palestinians squat on land for several generations with no titles or deeds to it whatsoever, is the land theirs?
 
ARTICLE 3
The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence,
Indeed, and the Palestinians legally declared independence in 1948 and have every right to defend themselves.
ARTICLE 4
States are juridically equal, enjoy the same rights, and have equal capacity in their exercise. The rights of each one do not depend upon the power which it possesses to assure its exercise, but upon the simple fact of its existence as a person under international law.






Wrong as they tried to steal the land after Israel had already declared independence on it. This made their claim null and void. That is why they now have less than they began with
I hear the talking point but nothing to prove it to be true.







Of course you dont as it destroys your POV. The arab league invaded the mandate of palestine contrary to the UN charter in 1947, the Jews decared independence on may 15 1948 and it was accepted by the UN as a valid document. The arab league tried to declare independence on gaza seeing as that is all they held and the UN ignored them. This is because the arab league had consistently refused to meet and talk, and had declared 181 to be invalid. All a matter of historical record that has been presented many times for your perusal. Because they are the truth you claim they are talking points without any supportive evidence on your side
 
P F Tinmore, Phoenall, et al,

Well, there are a couple of points that need addressed and corrected.

"It would have been wrong to demand that Israel return to its positions of 4 June 1967 because those positions were undesirable and artificial. After all, they were just the places the soldiers of each side happened to be the day the fighting stopped in 1948. They were just armistice lines. That's why we didn't demand that the Israelis return to them and I think we were right not to ..."
I agree 100%. Israel should withdraw to its defined international borders of 1948. Anything more would be an aggrandizement of territory by war.
(COMMENT)

I'm sure we agree on something; but, not on this.

The 1948 Borders as originally outlined by the Annex to General Assembly 181(II) --- are history. It is unlikely that Israel would ever be coerced to fall back to those positions. By an act of Arab Aggression, and in defense of a Declared State... it defended its independence and in the process, gained additional territory. (Israel was not yet a Member of the UN.) (See Map for Comparison and Difference.)

In 1967, Israel was a member of the UN. And under the prohibition against threats to use force --- on the territorial integrity or political independence of any state (Article 2(4) of Charter), Israel defended itself against Egypt (Article 51 of UN Charter) against Arab Aggressors having a previous history of Aggression and the fact that the were staging forces for a new invasion.

In 1974, with the Peace Treaty between Israel and Egypt, the Armistice Lines around the Gaza Strip were dissolved.

In July 1988, Jordan cut all ties with the West Bank and abandon the territory by default to the Occupation Forces.

In November 1988, The Palestine Liberation Organization (PLO) Declared Independence over the territory occupied by Israel; previously under Jordanian sovereignty. This Independence was understood by Israel and by remaining silent in word and static in posture, implied an approval.

In 1993, Israeli and PLO signed a Declaration of Principles on Interim Self-Government Arrangements (Oslo Accords). This public and diplomatic event makes "recognition" --- a moot point; a matter no longer of any practical value or importance.

In 1994, with the Peace Treaty between Israel and Jordan, the Armistice Lines around the West Bank were dissolved.
At this point, both sides have an understanding of the the territory to be be govern by the Israelis and the Palestinians. THIS is the point at which the boundaries are not longer being disputed.

ARTICLE 3
The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence,
Indeed, and the Palestinians legally declared independence in 1948 and have every right to defend themselves.
ARTICLE 4
States are juridically equal, enjoy the same rights, and have equal capacity in their exercise. The rights of each one do not depend upon the power which it possesses to assure its exercise, but upon the simple fact of its existence as a person under international law.
Wrong as they tried to steal the land after Israel had already declared independence on it. This made their claim null and void. That is why they now have less than they began with
I hear the talking point but nothing to prove it to be true.
(COMMENT)

The Declaration of Independence by the Egyptian controlled All Palestine Government (APG) in September 1948 attempted to lay sovereign claim over territory not under its control. A territory under a different sovereignty; Israel. A country that makes an organization can dissolve an organization. In 1959, the APG was dissolved by the Egyptians; which by then was under the claim of a Government in Exile in Cairo. with essential remnants absorbed by the formal Military Governorship over Gaza.

Most Respectfully,
R
 
In 1959, the APG was dissolved by the Egyptians;
A state does not cease to exist if it is without a government for a while.

Lebanon, for example, has been without a government several times but it has always been a state.
 
The 1948 Borders as originally outlined by the Annex to General Assembly 181(II) --- are history.
Indeed, scratch that. Resolution 181 didn't happen. What other 1948 borders do you have?





But it did happen, as it was an either/or outcome. So because the arab muslims refused to accept 181 is of no consequence, and international law of 1923 came into force as soon as Israel declared independence. So the borders as delineated by the LoN in 1922, and provided many times, are the international borders of Israel. Now what borders of the nation of palestine do you have that detail in full these borders ?
 
What territory was under Palestinian control for the 1988 declaration?

Indeed, scratch that. Resolution 181 didn't happen. What other 1948 borders do you have?

In 1948 Israel declared independence without delineating borders. In 1988 Palestine declared independence without delineating borders. (Border is in dispute).

In 1993 and 1995 Israel and Palestine (both being declared governments with at least some international recognition) entered into a Treaty which agrees that the border is in dispute and that the final border must be negotiated between the two States.

This seems to me to be the appropriate legal position to take. Do you agree? Why or why not?
 
What territory was under Palestinian control for the 1988 declaration?

Indeed, scratch that. Resolution 181 didn't happen. What other 1948 borders do you have?

In 1948 Israel declared independence without delineating borders. In 1988 Palestine declared independence without delineating borders. (Border is in dispute).

In 1993 and 1995 Israel and Palestine (both being declared governments with at least some international recognition) entered into a Treaty which agrees that the border is in dispute and that the final border must be negotiated between the two States.

This seems to me to be the appropriate legal position to take. Do you agree? Why or why not?







The arab muslims made a solemn promise to negotiate mutual borders and peace in 1988, still waiting 29 years later for them to start
 

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