RoccoR
Gold Member
RE: Who Are The Palestinians? Part 2
SUBTOPIC: Misinformation and Disinformation
⁜→ P F Tinmore, et al,
BLUF: Arab Palestinians want so desperately for some territory, as may be determined by the Allied Powers, to be declared their territory and country.
The Reality of the Current Situation: The Arab Palestinians can take the valid position that they have sovereignty over two parcels of territory:
Clearly, if the Arab Palestinians want, they could out'n'out declare Area A as sovereign unto them. And they might even be able to make a valid argument that Area B is sovereign unto them. BUT, Area C is clearly not under the sovereign control of the Arab Palestinians.
Where do you get this misinformation from? The issue of borders, relations and cooperation with other neighbors, and other issues of common interest are all part of the "Permanent Status of Negotiation" and NOT Final anything. In fact, Israel has moved ahead in the areas of relations and cooperation with other neighboring nations because of Arab Palestinian foot draggging.
ARTICLE V • Declaration of Principles on Interim Self-Government Arrangements (1993)
TRANSITIONAL PERIOD AND PERMANENT STATUS NEGOTIATIONS
(COMMENT)
Short Answer: It doesn't matter what the Arab Palestinians hold territorially. Territorial Sovereignty we are addressing is all about what is the exclusive competence of the State in regard to its own territory. Not Arab Palestinian dreams.
While the status of the (Question of) Palestinian State is becoming more and more irrelevant, Israel is now in its in its seventh decade of sovereign territorial control. The Question of Palestine is still a question of Palestine.
Most Respectfully,
R
SUBTOPIC: Misinformation and Disinformation
⁜→ P F Tinmore, et al,
BLUF: Arab Palestinians want so desperately for some territory, as may be determined by the Allied Powers, to be declared their territory and country.
Whether or not the Arab Palestinians recognize it or not, IS completely and utterly irrelevant.
No it isn't. The Palestinians are the only people who can cede their territory to Israel.
Palestinians view the entire area from the Jordan River to the Mediterranean Sea as “Palestine,”
(COMMENT)It's not? How did Israel get that territory?
The Reality of the Current Situation: The Arab Palestinians can take the valid position that they have sovereignty over two parcels of territory:
◈ August 2005: The Israel Government orders a unilateral disengagement and withdrawal from the Gaza Strip. When that disengagement was completed, the Gaza Strip would NO LONGER be considered occupied because at that point the Gaza Strip would not be under the authority of the Israel Defense Force. "The occupation extends only to the territory where such authority has been established and can be exercised. (1907 Hague Regulation • Article 42 • Section III : Military authority over the territory of the hostile state)
✦ Article 22(2) Nullum crimen sine lege • Part III General Principles of Criminal Law • Rome Statute of the International Criminal Court
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.
◈ Oslo II - The Israeli-Palestinian Interim Agreement - Map No. 1 (1995): The citation reads inpart:
"Government of Israel and Palestine Liberation Organization (1995) "Israeli-Palestinian Interim Agreement Map No. 1: First Phase of Redeployment, Map Delineating Areas A and B."
All civil powers and responsibilities, including planning and zoning, in Areas A and B, set out in Annex III^ will be transferred to and assumed by the Council during the first phase of redeployment.
In Area C, during the first phase of redeployment Israel will transfer to the Council civil powers and responsibilities not relating to territory, as set out in Annex III.
For the purpose of this Agreement, "the Settlements" means, in the West Bank - the settlements in Area C; and in the Gaza Strip - the Gush Katif and Erez settlement areas, as well as the other settlements in the Gaza Strip, as shown on attached map No. 2.
✦ The Council will, upon completion of the redeployment of Israeli military forces in each district, as set out in Appendix 1 to Annex I, assume the powers and responsibilities for internal security and public order in Area A in that district.
✦ In Area B the Palestinian Police shall assume the responsibility for public order for Palestinians and shall be deployed in order to accommodate the Palestinian needs and requirements in the following manner:
✦ The territorial jurisdiction of the Council shall encompass Gaza Strip territory, except for the Settlements and the Military Installation Area shown on map No. 2, and West Bank territory, except for Area C which, except for the issues that will be negotiated in the permanent status negotiations, will be gradually transferred to Palestinian jurisdiction in three phases, each to take place after an interval of six months, to be completed 18 months after the inauguration of the Council. At this time, the jurisdiction of the Council will cover West Bank and Gaza Strip territory, except for the issues that will be negotiated in the permanent status negotiations.
Clearly, if the Arab Palestinians want, they could out'n'out declare Area A as sovereign unto them. And they might even be able to make a valid argument that Area B is sovereign unto them. BUT, Area C is clearly not under the sovereign control of the Arab Palestinians.
The Palestinians are the only people who can cede their territory to Israel.
They didn't own any territory, how can they cede it?
(POINT of ORDER)Load of Israeli hooey. Negotiating borders is a final status issue. How can the Palestinians negotiate borders when they have no territory?
You don't make any sense.
Where do you get this misinformation from? The issue of borders, relations and cooperation with other neighbors, and other issues of common interest are all part of the "Permanent Status of Negotiation" and NOT Final anything. In fact, Israel has moved ahead in the areas of relations and cooperation with other neighboring nations because of Arab Palestinian foot draggging.
ARTICLE V • Declaration of Principles on Interim Self-Government Arrangements (1993)
TRANSITIONAL PERIOD AND PERMANENT STATUS NEGOTIATIONS
1. The five-year transitional period will begin upon the withdrawal from the Gaza Strip and Jericho area.
2. Permanent status negotiations will commence as soon as possible, but not later than the beginning of the third year of the interim period, between the Government of Israel and the Palestinian people representatives.
3. It is understood that these negotiations shall cover remaining issues, including: Jerusalem, refugees, settlements, security arrangements, borders, relations and cooperation with other neighbors, and other issues of common interest.
4. The two parties agree that the outcome of the permanent status negotiations should not be prejudiced or preempted by agreements reached for the interim period.
(COMMENT)
Short Answer: It doesn't matter what the Arab Palestinians hold territorially. Territorial Sovereignty we are addressing is all about what is the exclusive competence of the State in regard to its own territory. Not Arab Palestinian dreams.
While the status of the (Question of) Palestinian State is becoming more and more irrelevant, Israel is now in its in its seventh decade of sovereign territorial control. The Question of Palestine is still a question of Palestine.
Encyclopaedic Dictionary of International Law said:territorial sovereignty • This is an aspect of sovereignty , connoting the internal, rather than the external, manifestation of the principle of sovereignty. It is the ‘principle of the exclusive competence of the State in regard to its own territory . . . Territorial sovereignty is, in general, a situation recognized and delimited in space . . . [and] signifies independence. Independence in regard to a portion of the globe is the right to exercise therein, to the exclusion of any other State, the functions of a State’: Arbitrator Max Huber in the Island of Palmas Case ( 1928 ) 2 R.I.A.A. 829 at 838.
SOURCE: Parry & Grant Encyclopaedic Dictionary of International Law • 3ed. Copyright © 2009 by Oxford University Press, Inc. • pp 599 • ISBN 978-0-19-538977-7
Most Respectfully,
R