Shusha
Gold Member
- Dec 14, 2015
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I'm glad we agree on some issues.You touched on some basic principles.
I have posted two items that specifically state that the people belong to the land. I have posted three documents that concur with this principle. I have posted documents that say that Palestinian land/borders still existed after the end of the 1948 war. I have posted UN resolutions stating that the Palestinians have the right to self determination and the right to return.
Yet people post pages of clutter trying to dance around the issues.
Well, I don't know where it is, exactly, that you have posted all these documents because I haven't seen them. I certainly haven't seen the primary source material. Please clarify.
However, do NOT post anything which supports:
Why? Because I AGREE with you already on all of these points.
- that borders, when not specified in peace treaties, generally follow the previous territorial borders
- that the borders haven't changed since after the end of the 1948 war
- that citizens generally adopt or follow the change in sovereignty
- that Arab Palestinians have a right to self-determination
Also, do not bother to post:
Why? Because its not sufficient, imo, for such a MAJOR change in customary law.
- anything about UNGA 194 as the source of a right of return in perpetuity
BTW, resolution 194 was written with strict adherence to international law.
Okay. So let's break down what we do agree on.
We agree that Turkey renounced the territory referred to as Palestine.
We agree that through a complex development of the concept of self-determination in IL, the territory was set to become an independent nation, under temporary administration (but never sovereignty) of the UK under a Mandate system.
We agree the borders of this territory were set prior to 1923 through standard practice of the time and exist, unchanged, up until today.
We agree that the territory has not been divided through any lasting, permanent treaty or agreement.
We agree the nationality of the people normally follows the changes in sovereignty.
Yes?
So what is the question? Who has sovereignty on that territory? And how did they obtain it? My claim is that Israel holds sovereignty. My claim is justified by the documents I submitted to you, as well as clear and simple facts.
1. That the right of the Jewish people to a national homeland in that territory is an historical right to self-determination.
2. That this right for the Jewish people has been supported by the international community for more than 100 years.
3. That this right has been entrenched in international legal agreements and treaties which have not and can not be abrogated, except through Israel's consent.
4. That the territory HAS borders, as inherited from previous agreements and treaties, in compliance with normative law, from previous sovereigns (or in this case, administrators).
5. That those borders are confirmed through international treaties with surrounding States.
6. That she has Declared her Independence in the normative way.
7. That having fulfilled the requirements for sovereignty of government, population, territory and international relations, and having been accepted by the international community as a full member with all rights, obligations and privileges, acts on the world stage as an equal to all other State actors.
8. That she exerts control over territory in the absence of any other sovereign.