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Palestine Recognized - United Nations Delegitimized

Any decision by the United Nations General Assembly to recognize a Palestinian State next September could signal the beginning of the end for the United Nations as a credible organization pledged to uphold the rule of international law in dealings with - and between - member states.

Its current reputation for doing so is under real threat even now - as calls for it to withdraw further consideration of the flawed Goldstone Report are being made following Justice Goldstone’s recent admission that the Report wrongly alleged that Israel had deliberately targeted Gaza’s civilian population during its invasion of Gaza in December 2008.

Goldstone’s Report had been tainted and compromised from the outset because all four Commissioners appointed by the UN Human Rights Council were biased - and in accordance with well established legal principles should have recused themselves from taking part in the Inquiry.

Failing to initially reject any consideration of this biased Report has now landed the General Assembly in its present predicament. Continuing to consider the Goldstone Report will indicate the General Assembly is prepared to ignore the law where it conflicts with a particular political objective. This is a recipe for disaster and inevitably must lead to the total loss of any credibility.

Should the United Nations actively attempt to do another “Goldstone” - by acting in defiance of a well established body of international law - then it could well end up imploding like its predecessor - the League of Nations.

Israel’s President - Shimon Peres - warned this week that whilst Israel believes in a two-state solution - it must be negotiated between Israel and the Palestinians, not imposed by the international community.

Failure of the General Assembly to heed this message - by ignoring international law - can only lay the groundwork for another war

Vesting Arab sovereignty for the first time ever in recorded history in the whole or any part of the West Bank, East Jerusalem and Gaza - can realistically only happen in direct negotiations to which Israel is a party. Other alternatives to the creation of a new Arab State may have to be considered and negotiated if this currently preferred option cannot be realised.

The UN Documentation Search Guide sets out the following UN objective:
“International law is a primary concern of the United Nations. The mandate for the activities in this field emanates from the Charter of the United Nations which, in its Preamble, sets the goal “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained”.

International law specifically dealing with Palestine that must be respected and upheld by the United Nations includes:

The Versailles Peace Conference 1919
The San Remo Conference 1920
The Treaty of Sevres 1920
The Mandate for Palestine 1922
Article 80 of the UN Charter 1945
Security Council Resolution 242 (1967)

This body of law conclusively establishes that:

the Jewish National Home is to be reconstituted in Palestine within secure and recognized boundaries - without prejudice to the civil and religious rights of the existing non-Jewish communities
close settlement by Jews is to be encouraged on the land within such determined boundaries including State lands and waste lands not required for public purposes

Any attempt to now deny the Jewish people these vested legal rights - without Israel’s agreement - will indeed be an exercise in futility.

Additionally the provisions of customary international law embodied in the Montevideo Convention 1933 sets out in Article 1 four criteria for statehood :

a permanent population;

defined territory;
government; and
capacity to enter into relations with the other states.

Short of a miracle occurring before September - there will not be

any single Arab Government in control of all of the West Bank, East Jerusalem and Gaza - reputedly the territory designated to be the subject of the proposed General Assembly resolution
any permanent population in the designated territory over which any Arab declarant could claim to exercise control
any ability by any Arab government in those areas to enter into relations with other states and honour commitments made with those states.

As it did in 1947 - the General Assembly could examine the current situation and make its own recommendations to the parties. But these would be recommendations only - requiring the consent of both parties before they could be implemented.

Entertaining any other attempt to bring the matter to the General Assembly would undermine and could lead to the repudiation of

the Oslo Accords - whose status even now is very questionable and
the Roadmap - to which the United Nations is committed to implementing as part of the four member Quartet comprising itself, the United States, the European Union and Russia

Changed circumstances on the ground since such a State was first proposed by the Peel Commission in 1937 and by the United Nations in 1947 make the possibility of the creation of such a State now only possible to achieve in direct negotiations with Israel.

The opportunity that existed between 1948-1967 to unilaterally create such a State with the stroke of an Arab League pen - when all Jews living in the West Bank, East Jerusalem and Gaza had been expelled by seven invading Arab Armies - is no longer available.

The reputation and integrity of the United Nations is at stake if efforts continue to procure the passage of a resolution to recognize a Palestinian State by the General Assembly in September.

America has already issued a precautionary warning against such action.

White House Middle East advisor Dennis Ross said this week:

“We have consistently made it clear that the way to produce a Palestinian state is through negotiations, not through unilateral declarations, not through going to the UN. Our position on that has been consistent in opposition.”

UN Secretary General Ban-Ki moon - and the General Assembly - would do well to heed this warning before embarking on this pointless journey to nowhere.


Click to view image: 'bbbe35075348-images.jpg'

David Singer Most recent columns

David Singer is an Australian Lawyer, a Foundation Member of the International Analyst Network and Convenor of Jordan is Palestine International—an organization calling for sovereignty of the West Bank and Gaza to be allocated between Israel and Jordan as the two successor States to the Mandate for Palestine. Previous articles written by him can be found at: jordanispalestine.blogspot.com


Added: Apr-14-2011 Occurred On: Apr-14-2011
By: nurdmyth
In:
News, Middle East
Tags: Palestine Recognized - United Nations Delegitimized International Law, International treaties, War
Views: 10114 | Comments: 36 | Votes: 3 | Favorites: 0 | Shared: 2 | Updates: 0 | Times used in channels: 1
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  • So the UN is able to declare Israel a state, but not anyone else?

    Posted Apr-14-2011 By 

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    • Good comment

      Posted Apr-14-2011 By 

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    • Comment of user 'nurdmyth' has been deleted by author (after account deletion)!
    • Comment of user 'nurdmyth' has been deleted by author (after account deletion)!
    • So we want to talk like a grown-up now do we? Lol

      Any way, you haven't been doing your homework. Fayyad's plan has always been to under the radar build the institutions of a State to the point where Palestine de facto exists as a state.
      Then when the Palestinians declare their State (already with the backing of the World Bank, IMF, other institutions and recognition of the majority of the worlds nation-states), the UN bit is really just the icing on the cake.

      Only people who don't believe in p More..

      Posted Apr-14-2011 By 

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    • What Russia needed in '42 was support from the Allies and that's the only reason he survived. Lend lease, convoys, second front.. etc help his ass. He was no military genius, just a paranoid power hungry murderer.

      Posted Apr-14-2011 By 

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  • David Singer is an Australian Lawyer, a Foundation Member of the International Analyst Network and Convenor of Jordan is Palestine International%u2014an organization calling for sovereignty of the West Bank and Gaza to be allocated between Israel and Jordan as the two successor States to the Mandate for Palestine.

    LOL

    Posted Apr-14-2011 By 

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  • The more the bitching and whining, the more you can smell the fear...

    As Ehud Barak the Israeli Defence Minister said last week, Israel is about to be hit by a 'Diplomatic Tsunami'...

    There will lots of desperate rearguard actions like this article, but all in vain...loving watching them squirm

    Posted Apr-14-2011 By 

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  • Alwasy complaining about Palestinians hating Jews?! Why do you deny them a right to a country?!

    I think it is you whop is full of hate

    Posted Apr-14-2011 By 

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  • "The UN might lose credibility" And can you please explain how did they gain this credibility? The UN has always been a scam, since it was established.

    Posted Apr-14-2011 By 

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    • Excellent point.
      When did the UN gain this mysterious credibility I hear spoken of now?
      As far as I know it's always been a tool for the nuclear mafia (re; the security council) to maintain their stranglehold on the status quo.

      Posted Apr-14-2011 By 

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  • So when palistine becomes a country and then attacks another country with rockets and missiles then the other country can legitimetly declare war on palistine and bomb the livin' shit outa the place.
    Under the rules of land warfare of course.

    Posted Apr-14-2011 By 

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    • swan song of the apartheid state. I want Israel to exist and survive, but not its policies towards the Palestinians, those need to die if there is ever going to be peace.

      Posted Apr-14-2011 By 

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  • Comment of user 'OwenHiggins' has been deleted by author (after account deletion)!
  • "Palestine Recognized - United Nations Delegitimized "

    Didums. Israel feeling threatened again.
    Tough it isn't your ball, so you can't take it home with you.

    Israel is wrong. Get used to the idea.

    BTW What did you people threaten, promise, pay, Goldstone to go back on his word.
    Didn't work did it? the world ain't going to swallow it, it's a bit too convenient.

    Posted Apr-15-2011 By 

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  • Your position seems more wishful thinking category rather than reality.

    Posted Apr-14-2011 By 

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    • Yup, pretty sad isn't it...

      Charles Krauthammer an arch-Zionist writes six posts below about Israel has lost the West Bank...seems that some of the hard-liners on LL are still struggling to adjust to reality

      Posted Apr-14-2011 By 

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    • It was a foregone conclusion decades ago. Its just taken that long for the hard right and Likud to figure out that eventually the world will demand that you give back what is not rightfully yours to keep. Even George Bush (1st) demanded that of Israel under threat of being cut off financial aid. That was before AIPAC and Israel had the lobby they have today in the US.

      Posted Apr-14-2011 By 

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  • Burp!

    Posted Apr-16-2011 By 

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  • do away with the damn U.N. get it out of the U.S. U.N. means new world order...voted

    Posted Apr-14-2011 By 

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  • Comment of user 'MuzlimGurl' has been deleted by author (after account deletion)!
  • What Russia needed in '42 was support from the Allies and that's the only reason he survived. Lend lease, convoys, second front.. etc help his ass. He was no military genius, just a paranoid power hungry murderer.

    Posted Apr-14-2011 By 

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  • there is a high chance of war in coming months till mid september

    Posted Apr-14-2011 By 

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  • Palestinians deserve nothing.

    Posted Apr-14-2011 By 

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  • Comment of user 'nurdmyth' has been deleted by author (after account deletion)!
  • The UN has turned into an anti-freedom pro Muslim Abomination that needs to be destroyed.

    Posted Apr-14-2011 By 

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  • Comment of user 'theMESSIAH' has been deleted by author (after account deletion)!