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- #281
Rocco, you are drawing conclusions without considering the timeline of events.P F Tinmore, et al,
Yeah, this is argument over international borders is just subterfuge in an attempt to justify Jihadist action and Hostile Palestinian aggression.
(COMMENT)How can that happen? There is nothing between what is called Israel and Gaza but an armistice line (That is specifically not to be a political or territorial border) that Egyptian and Israeli troops are not to cross.
This conclusion is based on false premise.
It is not a "false conclusion."
There are several concepts in play here.
First:
Every State likewise has the duty to refrain from the threat or use of force to violate international lines of demarcation, such as armistice lines, established by or pursuant to an international agreement to which it is a party or which it is otherwise bound to respect. Nothing in the foregoing shall be construed as prejudicing the positions of the parties concerned with regard to the status and effects of such lines under their special regimes or as affecting their temporary character. (Para 1, Clause 5, A/RES/25/2625, Codification of the Principles of International Law Concerning Friendly Relations and Co-operation Among States)
Second:
Pursuant to the resolutions of the Arab Summit Conferences and on the basis of the international legitimacy embodied in the resolutions of the United Nations since 1947, and Through the exercise by the Palestinian Arab people of its right to self-determination, political independence and sovereignty over its territory: The Palestine National Council hereby declares, in the Name of God and on behalf of the Palestinian Arab people, the establishment of the State of Palestine in the land of Palestine with its capital at Jerusalem. (ANNEX III, Declaration of Independence, A/43/827 S/20278 18 November 1988)
1. Acknowledges the proclamation of the State of Palestine by the Palestine National Council on 15 November 1988;
2. Affirms the need to enable the Palestinian people to exercise their sovereignty over their territory occupied since 1967;
3. Decides that, effective as of 15 December 1988, the designation "Palestine" should be used in place of the designation "Palestine Liberation Organization" in the United Nations system, without prejudice to the observer status and functions of the Palestine Liberation Organization within the United Nations system, in conformity with relevant United Nations resolutions and practice; (A/RES/43/177 15 December 1988 "Question of Palestine" --- UN Acknowledgment and Recognition)
The demarcation line is just as sound and valid as any other border or boundary. It is internationally protected by the Declaration of Principles. The fact that the State of Palestine has not initiated a Treaty, does not make the line any less valid; other than its temporal nature. The line is further promoted by the PLO/PNC in its Declaration of Independence and formally acknowledge by the General Assembly and Security Council. It is a reality; while some Hostile Arab Palestinians are in denial and challenge the legitimacy, it is none the less a reality that is physically manifested by a physical presence on the perimeter.
Does that mean that Gaza is in Israel?
Actually, there was a point in time (the period 26 March 1979 to 15 November 1988), where this could be argued; but has since been overtaken by events. During this brief period (nearly a decade), "[t]he permanent boundary between Egypt and Israel is the recognized international boundary between Egypt and the former mandated territory of Palestine, as shown on the map at Annex II, without prejudice to the issue of the status of the Gaza Strip. The Parties recognize this boundary as inviolable. Each will respect the territorial integrity of the other, including their territorial waters and airspace." There was no Palestinian hand in the agreement, lacking a competent government with "full powers" acting as a "state" with the ability to express the "consent of the State of Palestine to be bound by a treaty, or for accomplishing any other act with respect to a treaty" (1969 VIENNA CONVENTION ON THE LAW OF TREATIES). But again, this is a mute point as Israel did not contest the Palestinian Declaration of Independence of 1988 by the the sole legitimate representative of the Palestinian people (Seventh Arab League Summit Conference Resolution on Palestine Rabat, Morocco 28 october 1974).
Needless to say, the Gaza Strip is intrinsically tied to the West Bank, which together form the State of Palestine:
67/19. Status of Palestine in the United Nations said:Recalling its resolution 181 (II) of 29 November 1947,
Affirms its determination to contribute to the achievement of the inalienable rights of the Palestinian people and the attainment of a peaceful settlement in the Middle East that ends the occupation that began in 1967 and fulfils the vision of two States: an independent, sovereign, democratic, contiguous and viable State of Palestine living side by side in peace and security with Israel on the basis of the pre-1967 borders;
SOURCE: A/RES/67/19 4 December 2012
There may have been a point in time, many decades ago, when the Palestinians could have made an issue of the demarkation lines, armistice lines and the recognition of international borders; but that time has long since past. We are concerned with contemprary views --- closer in terms of today, as opposed to the views held a half century ago.
The existence of a “Palestinian people” and the "State of Palestine" --- and that of the "People of Israel" and the "State of Israel" --- are no longer at issue. Such existence has been recognized by Israel and Palestine in the exchange of letters of 9 September 1993 between the President of the Palestine Liberation Organization (PLO Yassar Arafat) and Israeli Prime Minister (Yitzhak Rabin). In that exchange the Chairman Arafat recognized “the right of the State of Israel to exist in peace and security” and PM Rabin recognize the PLO as the representative of the Palestinian people”. The Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip of 28 September 1995 (Oslo Accord II) refers a to the Palestinian people and its “legitimate rights” (Preamble, paras. 4, 7, 8; Article II, para. 2; Article III, paras. 1 and 3; Article XXII, para. 2). This issue of where the lines are drawn is only an issue and of significant importance to those that are more interested in a justification for the continuation of the conflict, then the peace, security and prosperity of the citizenry on both sides. Under customary law, every State (Palestine included) has the duty to refrain from the threat or use of force (no rockets, mortars, attack of any kind are justified) to violate the existing international boundaries of another State or as a means of solving international disputes, including territorial disputes and problems concerning frontiers of States (Palestine included). Any other interpretation of the Declaration of Principles is simply an artificial excuse to promote Jihad. The discussion of the permanent boundaries, especially as presented here, is subterfuge.
Most Respectfully,
R
In 1917 Britain occupied that area. It was the occupying power over enemy territory. During that time treaties defined the future international borders of Palestine and the other new countries in the region.
When the Treaty of Lausanne was ratified in 1924, Palestine ceased to be enemy territory ending Britain's occupation. Palestine came into existence as a "successor state" like the other new countries in that region.
Palestine's international borders had already been defined.The Palestinian nationality was recognized and they were citizens of Palestine.
As the indigenous population of Palestine, they had inherent, inalienable rights:
To self determination without external interference.
To independence and sovereignty.
To territorial integrity.
Anything that happened after that time that was against the wishes or best interest of the Palestinians was a violation of their inalienable rights.
Whoa now. Are you actually saying that Muslim Palestinians are the "indigenous population of Palestine"???