P F Tinmore
Diamond Member
- Dec 6, 2009
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Palestinians protest against the confiscation of their land for Jewish settlements near Beit Jala, West Bank. Photo by Mosab Shawer.
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The entrance of Al-Khader Church, northeast of Ramallah, which was built in the fifth century AD and is one of the oldest churches in Palestine.
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(COMMENT)I have said this before, I don’t believe in any “right of return” down through the generations. In other words, once those expelled are gone, so is any right.
[/quote]On the agree side, I don't think that one should have a "right to return" to any territory or State where one or some of your ancestors once lived. That seems a bit ridiculous to me. On the other hand, there is a difference between forced expulsion and voluntary migration, with respect to the retention of rights.
I think individual "right of return" and collective rights to self-determination are two different things and should be distinguished from each other. Individual "right of return" can not be passed down to generations. However, collective rights to self-determination include the right to live on the territory of that self-determination. Did that make sense?
(COMMENT)Are "collective rights to self-determination" being conflated with "collective rights to return"? And if so...that would seem to me to then open the door for the Palestinians right to return.
That sort of applies to all collective rights of return IMO.
(COMMENT)RE: Palestine Today
⁜→ Coyote, Shusha, et al,
I have to be supportive of "Coyote's" position.
◈ As has been pointed out many times → the principle of "self-determination" been mentioned in the UN Charter (1945) as mentioned in Articles 2(1) and 55 are generally considered to be too vague to provide a right to self-determination.
◈ And I can find no body of binding law that unconditionally obligates a state to honor the "Right of Return."
(COMMENT)I have said this before, I don’t believe in any “right of return” down through the generations. In other words, once those expelled are gone, so is any right.
Yes, even if there were such a "right," it is not a "right" the is past → familia-generation to familia-generation.
On the agree side, I don't think that one should have a "right to return" to any territory or State where one or some of your ancestors once lived. That seems a bit ridiculous to me. On the other hand, there is a difference between forced expulsion and voluntary migration, with respect to the retention of rights.
I think individual "right of return" and collective rights to self-determination are two different things and should be distinguished from each other. Individual "right of return" can not be passed down to generations. However, collective rights to self-determination include the right to live on the territory of that self-determination. Did that make sense?
(COMMENT)Are "collective rights to self-determination" being conflated with "collective rights to return"? And if so...that would seem to me to then open the door for the Palestinians right to return.
That sort of applies to all collective rights of return IMO.
One of the most basic concept of international law is that the people belong to the land.◈ And I can find no body of binding law that unconditionally obligates a state to honor the "Right of Return."
(COMMENT)RE: Palestine Today
⁜→ Coyote, Shusha, et al,
I have to be supportive of "Coyote's" position.
◈ As has been pointed out many times → the principle of "self-determination" been mentioned in the UN Charter (1945) as mentioned in Articles 2(1) and 55 are generally considered to be too vague to provide a right to self-determination.
◈ And I can find no body of binding law that unconditionally obligates a state to honor the "Right of Return."
(COMMENT)I have said this before, I don’t believe in any “right of return” down through the generations. In other words, once those expelled are gone, so is any right.
Yes, even if there were such a "right," it is not a "right" the is past → familia-generation to familia-generation.
On the agree side, I don't think that one should have a "right to return" to any territory or State where one or some of your ancestors once lived. That seems a bit ridiculous to me. On the other hand, there is a difference between forced expulsion and voluntary migration, with respect to the retention of rights.
I think individual "right of return" and collective rights to self-determination are two different things and should be distinguished from each other. Individual "right of return" can not be passed down to generations. However, collective rights to self-determination include the right to live on the territory of that self-determination. Did that make sense?
Yes, the rights [of "return" - and (collective) to self-determination)] are not the same thing and they are not dependent (on the other) rights.
(COMMENT)Are "collective rights to self-determination" being conflated with "collective rights to return"? And if so...that would seem to me to then open the door for the Palestinians right to return.
That sort of applies to all collective rights of return IMO.
Individual Rights vs. Collective Rights
What is the practical difference between a "collective right" and the "right of all peoples?"
..........
Most Respectfully,
R
One of the most basic concept of international law is that the people belong to the land.◈ And I can find no body of binding law that unconditionally obligates a state to honor the "Right of Return."
(COMMENT)RE: Palestine Today
⁜→ Coyote, Shusha, et al,
I have to be supportive of "Coyote's" position.
◈ As has been pointed out many times → the principle of "self-determination" been mentioned in the UN Charter (1945) as mentioned in Articles 2(1) and 55 are generally considered to be too vague to provide a right to self-determination.
◈ And I can find no body of binding law that unconditionally obligates a state to honor the "Right of Return."
(COMMENT)I have said this before, I don’t believe in any “right of return” down through the generations. In other words, once those expelled are gone, so is any right.
Yes, even if there were such a "right," it is not a "right" the is past → familia-generation to familia-generation.
On the agree side, I don't think that one should have a "right to return" to any territory or State where one or some of your ancestors once lived. That seems a bit ridiculous to me. On the other hand, there is a difference between forced expulsion and voluntary migration, with respect to the retention of rights.
I think individual "right of return" and collective rights to self-determination are two different things and should be distinguished from each other. Individual "right of return" can not be passed down to generations. However, collective rights to self-determination include the right to live on the territory of that self-determination. Did that make sense?
Yes, the rights [of "return" - and (collective) to self-determination)] are not the same thing and they are not dependent (on the other) rights.
(COMMENT)Are "collective rights to self-determination" being conflated with "collective rights to return"? And if so...that would seem to me to then open the door for the Palestinians right to return.
That sort of applies to all collective rights of return IMO.
Individual Rights vs. Collective Rights
What is the practical difference between a "collective right" and the "right of all peoples?"
..........
Most Respectfully,
ROne of the most basic concept of international law is that the people belong to the land.◈ And I can find no body of binding law that unconditionally obligates a state to honor the "Right of Return."
Many parts of international law like aggression, ethnic cleansing, conquest, territorial integrity hinge on this basic concept.
Refugees belong to the land and must be allowed to return. Descendants have the right to return because they do not belong anywhere else. Other countries are not required to absorb refugees because they do not belong there. Nationality is determined by where you belong.
(COMMENT)One of the most basic concept of international law is that the people belong to the land.
₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪So, that doesn't change anything.
Section II • NATIONALITY • Article 30 said:Turkish subjects habitually resident in territory which in accordance with the provisions of the present Treaty is detached from Turkey will become ipso facto, in the conditions laid down by the local law, nationals of the State to which such territory is transferred.
In international law, when a state is dissolved and new states are established, “the population follows the change of sovereignty in matters of nationality.”5 As a rule, therefore, citizens of the former state should automatically acquire the nationality of the successor state in which they had already been residing.RE: Palestine Today
⁜→ P F Tinmore, et al,
Yeah, this has been repeated so many times, that it has become very distorted.
(COMMENT)One of the most basic concept of international law is that the people belong to the land.
₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪So, that doesn't change anything.
In the case of the Middle East and the former territory of the Ottoman Empire/Turkish Republic, this was taken into account in Article 30, Treaty of Lausanne:
Section II • NATIONALITY • Article 30 said:Turkish subjects habitually resident in territory which in accordance with the provisions of the present Treaty is detached from Turkey will become ipso facto, in the conditions laid down by the local law, nationals of the State to which such territory is transferred.
Basically, what this says is that → as an example scenario: I live in Ohio which borders Canada. I (not my children who live in PA and KY) own my own home. If the US were to transfer the political sovereignty of Ohio to Canada, I would still own my land; BUT, my nationality would transfer in with the land.
The way in which you from your statement is misleading and very elementary. This scenario I render demonstrates that I "belong" to the land and my nationality follows the land.
.........
Most Respectfully,
R
(COMMENT)RE: Palestine Today
⁜→ Coyote, Shusha, et al,
I have to be supportive of "Coyote's" position.
◈ As has been pointed out many times → the principle of "self-determination" been mentioned in the UN Charter (1945) as mentioned in Articles 2(1) and 55 are generally considered to be too vague to provide a right to self-determination.
◈ And I can find no body of binding law that unconditionally obligates a state to honor the "Right of Return."
(COMMENT)I have said this before, I don’t believe in any “right of return” down through the generations. In other words, once those expelled are gone, so is any right.
Yes, even if there were such a "right," it is not a "right" the is past → familia-generation to familia-generation.
On the agree side, I don't think that one should have a "right to return" to any territory or State where one or some of your ancestors once lived. That seems a bit ridiculous to me. On the other hand, there is a difference between forced expulsion and voluntary migration, with respect to the retention of rights.
I think individual "right of return" and collective rights to self-determination are two different things and should be distinguished from each other. Individual "right of return" can not be passed down to generations. However, collective rights to self-determination include the right to live on the territory of that self-determination. Did that make sense?
Yes, the rights [of "return" - and (collective) to self-determination)] are not the same thing and they are not dependent (on the other) rights.
(COMMENT)Are "collective rights to self-determination" being conflated with "collective rights to return"? And if so...that would seem to me to then open the door for the Palestinians right to return.
That sort of applies to all collective rights of return IMO.
Individual Rights vs. Collective Rights
What is the practical difference between a "collective right" and the "right of all peoples?"
..........
Most Respectfully,
R
Yes, that clarifies it. But I dont agree, because I don't agree that there is any collective right of return beyond what a state is willing to give.I have said this before, I don’t believe in any “right of return” down through the generations. In other words, once those expelled are gone, so is any right.
I both agree and disagree with this.
On the disagree side, I worry that this opens the door to abuse. In that it creates the condition of making expulsion a viable method of removing rights from people. We should guard against that.
On the agree side, I don't think that one should have a "right to return" to any territory or State where one or some of your ancestors once lived. That seems a bit ridiculous to me. On the other hand, there is a difference between forced expulsion and voluntary migration, with respect to retention of rights.
I think individual "right of return" and collective rights to self-determination are two different things and should be distinguished from each other. Individual "right of return" can not be passed down to generations. However, collective rights to self-determination include the right to live on the territory of that self-determination. Did that make sense?
It makes sense but it still seems problematic...maybe you could elaborate.
Are "collective rights to self determination" being conflated with "collective rights to return"? And if so...that would seem to me to then open the door for the Palestinians right to return.
Self-determination has to MEAN something, right? It is intended for a peoples of a specific culture, originating on that territory, to create a space where that particular culture colors the landscape. Its values, its language, its holiday celebrations, its particular rhythm of life, its ideology is the ice cream flavor of the day, every day. Right? Otherwise the entire idea of self-determination has no value.
(This doesn't mean that other cultures are unable to practice and live their culture. And their culture should be protected, but that its just not the color of the sky, you know?)
So, given that the goal is two states (likely actually four) -- each with their own color -- the collective right of return involves returning to the state which offers your color. It gives people the collective right to live under their own sky.
Individuals who would rather return to their own specific home, would have individual rights to do so. But their descendants would not.
Clear?
RE: Palestine Today
⁜→ P F Tinmore, et al,
Yeah, this has been repeated so many times, that it has become very distorted.
(COMMENT)One of the most basic concept of international law is that the people belong to the land.
₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪So, that doesn't change anything.
In the case of the Middle East and the former territory of the Ottoman Empire/Turkish Republic, this was taken into account in Article 30, Treaty of Lausanne:
Section II • NATIONALITY • Article 30 said:Turkish subjects habitually resident in territory which in accordance with the provisions of the present Treaty is detached from Turkey will become ipso facto, in the conditions laid down by the local law, nationals of the State to which such territory is transferred.
Basically, what this says is that → as an example scenario: I live in Ohio which borders Canada. I (not my children who live in PA and KY) own my own home. If the US were to transfer the political sovereignty of Ohio to Canada, I would still own my land; BUT, my nationality would transfer in with the land.
The way in which you from your statement is misleading and very elementary. This scenario I render demonstrates that I "belong" to the land and my nationality follows the land.
.........
Most Respectfully,
R
RE: Palestine Today
⁜→ P F Tinmore, et al,
Yeah, this has been repeated so many times, that it has become very distorted.
(COMMENT)One of the most basic concept of international law is that the people belong to the land.
₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪₪So, that doesn't change anything.
In the case of the Middle East and the former territory of the Ottoman Empire/Turkish Republic, this was taken into account in Article 30, Treaty of Lausanne:
Section II • NATIONALITY • Article 30 said:Turkish subjects habitually resident in territory which in accordance with the provisions of the present Treaty is detached from Turkey will become ipso facto, in the conditions laid down by the local law, nationals of the State to which such territory is transferred.
Basically, what this says is that → as an example scenario: I live in Ohio which borders Canada. I (not my children who live in PA and KY) own my own home. If the US were to transfer the political sovereignty of Ohio to Canada, I would still own my land; BUT, my nationality would transfer in with the land.
The way in which you from your statement is misleading and very elementary. This scenario I render demonstrates that I "belong" to the land and my nationality follows the land.
.........
Most Respectfully,
R
Again this discussion about "Right of Return" seems to be merely misinformation by the Arab propaganda, relying on the false notion that such even exists, conflating it to granting citizenship privileges to certain groups as normally practiced in many nation states like Ireland, Greece etc, and in this case merely copying the name it was given under Israeli law to this practice, while no such right or binding law actually existing that could force a nation except those whom they have no interest in providing that privilege, for each nations' specific reasons.
Does this right actually exist, or is it another matter of grey area taken for granted?
A Palestinian father and his little daughter sit on the ruins of their home which was demolished by Israeli occupation forces today morning in al-Khalil.
![]()
Palestinians protest against the confiscation of their land for Jewish settlements near Beit Jala, West Bank. Photo by Mosab Shawer.
![]()
No. What was not taken seriously was a demand of a right of return.Not especially. But it isn't in yours either.Yes. There is. But is that nuance present in Rylah’s post?
No, it doesn't. He specifically used the term "Islamist", indicating he is speaking of a very distinct group of extremists.It reads more along the lines of the all to common Muslims are evil” theme.
IS as in Islamic State? On the contrary, they should be taken very seriously.Now any demand coming from IS is not to be taken seriously ...
And no...he used the term Islamist buddies, referring to historic Muslims, putting ISIS in the same category as historic Muslims, his distinct group was in reality very broad.
Yes, that clarifies it. But I dont agree, because I don't agree that there is any collective right of return beyond what a state is willing to give.I have said this before, I don’t believe in any “right of return” down through the generations. In other words, once those expelled are gone, so is any right.
I both agree and disagree with this.
On the disagree side, I worry that this opens the door to abuse. In that it creates the condition of making expulsion a viable method of removing rights from people. We should guard against that.
On the agree side, I don't think that one should have a "right to return" to any territory or State where one or some of your ancestors once lived. That seems a bit ridiculous to me. On the other hand, there is a difference between forced expulsion and voluntary migration, with respect to retention of rights.
I think individual "right of return" and collective rights to self-determination are two different things and should be distinguished from each other. Individual "right of return" can not be passed down to generations. However, collective rights to self-determination include the right to live on the territory of that self-determination. Did that make sense?
It makes sense but it still seems problematic...maybe you could elaborate.
Are "collective rights to self determination" being conflated with "collective rights to return"? And if so...that would seem to me to then open the door for the Palestinians right to return.
Self-determination has to MEAN something, right? It is intended for a peoples of a specific culture, originating on that territory, to create a space where that particular culture colors the landscape. Its values, its language, its holiday celebrations, its particular rhythm of life, its ideology is the ice cream flavor of the day, every day. Right? Otherwise the entire idea of self-determination has no value.
(This doesn't mean that other cultures are unable to practice and live their culture. And their culture should be protected, but that its just not the color of the sky, you know?)
So, given that the goal is two states (likely actually four) -- each with their own color -- the collective right of return involves returning to the state which offers your color. It gives people the collective right to live under their own sky.
Individuals who would rather return to their own specific home, would have individual rights to do so. But their descendants would not.
Clear?