P F Tinmore
Diamond Member
- Dec 6, 2009
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RE: Palestinians Massing At The Israeli Border
※→ P F Tinmore, et al,
I often think you are attempting some philosphical trap in favor of the Hostile Arab Palestinian (HoAP) position. In this case, there are a couple of points which the HoAP do not want to bring into the light for debate for consideration.
(COMMENT)Israel unilaterally annexed territory it captured by force from a people who had no military.
Refute away.
Let's be specific, an not use ambiguous terms. Under the International Criminal Court, any allegation which is ambiguous is ruled in favor of the accused.
PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW • Rome Statute of the International Criminal Court said:Article 22
Nullum crimen sine lege
1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.
2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favor of the person being investigated, prosecuted or convicted.
3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.
So, by all means, let's be specific.
For the purpose of the discussion, for the matter before us - use the West Bank (WB) at the Occupied Territory (OT) as the example.
The WB was taken by Israel from the hand of sovereignty held by the Hashemite Kingdom of Jordan. Why is this important? (RHETORICAL) Simply because you imply that it was taken from the HoAP when you say:
◈ "from a people who had no military"
◈ In 1967, when the WB was overrun by the Israeli Defense Force (IDF), the only force opposing the action was the Royal Jordanian Army (RJA)(forerunner of the Arab Legion). The IDF was in hot pursuit of RJA unit making a tactical withdrawal from the WB. This is how the State of Israel came to be in occupation. The OT was that of the Hashemite Kingdom → NOT → that of the Arab Palestinian.The importance of this two pieces of information is that at the time Jordan severed all ties with the WB, there was no other authority on the scene, at the time, with the capacity, EXCEPT the Occupying Forces of the IDF on behalf of Israel. By default the, when the King of Jordan severed all ties, by default, the OT then came under the control of the Israelis (Terra Tullius) "used in international law to describe territory that may be acquired by a state's occupation of it" - and -
◈ The Unification of the Two Banks (as Jordan refers to it) by the Arab Palestinians own hand.
The Unification of the Two Banks (as Jordan refers to it) said:The Tragedy of Palestine
On April 11, 1950, elections were held for a new Jordanian parliament in which the Palestinian Arabs of the West Bank were equally represented. Thirteen days later, Parliament unanimously approved a motion to unite the two banks of the Jordan River, constitutionally expanding the Hashemite Kingdom of Jordan in order to safeguard what was left of the Arab territory of Palestine from further Zionist expansion.Disengagement from the West Bank said:Severance of All Administrative and Legal Ties with the Occupied West Bank
on July 31 (1988) King Hussein announced the severance of all administrative and legal ties with the occupied West Bank. Accordingly, electoral districts were redrawn to represent East Bank constituencies only.
severance of all administrative and legal ties with the occupied West Bank
• Terra nullius •
Terra nullius is a Latin expression deriving from Roman law meaning "nobody's land", which is used in international law to describe territory which has never been subject to the sovereignty of any state, or over which any prior sovereign has expressly or implicitly relinquished sovereignty. (Think HM the King of Jordan.)
It is important to note that there are multifaceted views on the status of the OT:
It is also important that you understand that I cannot dispute a broad claim such as:
◈ Arab Palestinian Parliament (pre-1988) in Jordan considered the OT as Jordanian "Sovereign Territory" under the right of self-determination.
◈ And Israel considered the OT as "disputed territory."
◈ And last, but not least, the Arab Palestinians of the WB (post-1988) considered the OP their sovereign territory.
◈ Israel unilaterally annexed territory. It did do that. But in certain cases, it was Jordanian territory that was politically abandoned.
◈ The OT "was captured by force:" The territory was captured from the Jordanians and the Israelis and Jordanians settled that dispute in 1994. The Arab Palestinians were not a party to the confrontation.
◈ Stated that: "who had no military" Of course the Arab Palestinians had no conventional forces in the 1967 War. The Jordanians defended the territory as their sovereign territory.
Most Respectfully,
R
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I wasn't talking about 1967.