Posted on 01/03/2008 5:38:29 AM PST by SJackson
Now that the Annapolis Peace Summit has concluded, it is likely that in time a new terror state will be declared in the region. Strangely, Israels Prime Minister Olmert is convinced that the creation of Palestine is essential to his countryssurvival. Of course, this position might make a great deal of sense if the planned Palestinian state were to be led by Buddhist monks, but the intrinsic and endemic violence of both Fatah and Hamas make such a leadership rather implausible.
Nonetheless, developments in the Middle East must take some account of jurisprudence and geopolitics, at least from the standpoint of a grudging obeisance to pertinent treaties and conventions. This means that a twenty-third Arab state called Palestine will have to meet certain explicit requirements under international law. Every state, even an aspiring Palestinian state, must satisfy the following four crucial expectations: 1. a permanent population; 2. a defined territory; 3. a government and 4. the capacity to enter into relations with other states.
Here is a fact that is generally unknown.The political existence of a state is always independent of recognition by other states. According to the governing Convention on Rights and Duties of States (Montevideo Convention): Even before recognition, the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit.... This codified right will certainly be exploited by agents of Palestine.
Mahmoud Abbas and his moderate Palestinian Authority have made it clear that there really is no two state solution in the region. Rather, there is to be only one state, and that state is not Israel. It follows that as soon as Prime Minister Olmert begins to object to the disturbing details of any emerging agreement between the parties an agreement of basically Land For Nothing new waves of terror will sweep across Israel. Depending upon his precise tactical calculations, and also upon internal pressures from Hamas and other Islamist forces, President Abbas may or may not decide to wait until he has extorted substantial additional territories from Israel before openly declaring his Palestinian state. But whatever he decides in this regard, the codified and customary rights of statehood will be formally invoked and widely acknowledged.
Much as a small number of other states or individuals might seek to challenge this expected declaration on proper jurisprudential grounds, the PA will doggedly counter-argue that its right to declare an independent state is beyond any legal challenge. In this connection, the PA will assuredly cite to certain allegedly fundamental and immutable rights under international law concerning self-determination and national liberation. In lining up with one position or the other, the overwhelming majority of our civilized world will undoubtedly side with the Palestinians.
Let us put things in plain terms: the right of statehood under international law is not in any way contingent upon goodness. There are no moral or ethical considerations that must be taken into account. The expressly-declared and indisputable Palestinian goal of another Jewish genocide (war and genocide are not mutually exclusive under international law) will have no legal bearing on creating a Palestinian state. International law does not insist upon any standard of decency, not even the most minimal rejection of crimes against humanity, but only identifiable demographic, geographic and political facts on the ground.
If a new Palestinian state should become a principal platform for anti-Israel terror including possibly chemical or biological agents Israels effective rights of reprisal will be extremely limited. Although many pro-disengagement Israelis and Americans had once argued foolishly that with Gaza in Palestinian hands, the terrorists will finally have an address, any Israeli self-defense action in that disengaged area would now be condemned by most of the international community as aggression. This is the case even if the Israeli reprisal were altogether permissible under international law.
For years, Israel never troubled itself with the legal aspects of Palestine. After all, most Israelis were firmly convinced that Palestinian statehood could never actually become a genuine issue. How often did former Prime Minister Netanyahu and others say that the Palestinians would only be granted autonomy, and not full sovereignty?
Legally, politically and militarily, the Jewish State has again been outwitted and outflanked. Worse, it has contributed mightily to its own debility. By continuously agreeing to outrageous and unreciprocated Oslo and Road Map expectations, Israel will now have to deal with President Abbas and his governments non-negotiable demand that Arab East Jerusalem become the capital of Palestine. When this demand is firmly rejected, as it must be, Israels buses will once again begin to explode.
(To be continued)
High Volume. Articles on Israel can also be found by clicking on the Topic or Keyword Israel. or WOT [War on Terror]
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ML/NJ
And not only will Israel’s buses explode from terrorism but the other Arab nations of Israel will likely attack Israel again. They are inviting their own demise and it is sickening me. Similarly, our nation is doing very little about our own borders. This will no doubt cause us much pain in a moment’s notice.
2-The Liberation Organization will employ all means, and first and foremost armed struggle, to liberate Palestinian territory and to establish the independent combatant national authority for the people over every part of Palestinian territory that is liberated. This will require further changes being effected in the balance of power in favour of our people and their struggle.5-Struggle along with the Jordanian national forces to establish a Jordanian-Palestinian national front whose aim will be to set up in Jordan a democratic national authority in close contact with the Palestinian entity that is established through the struggle.
The Liberation Organization will struggle to establish unity in struggle between the two peoples and between all the forces of the Arab liberation movement that are in agreement on this programme.
8-Once it is estabished, the Palestinian national authority will strive to achieve a union of the confrontation countries, with the aim of completing the liberation of all Palestinian territory, and as a step along the road to comprehensive Arab unity.
I guess some things never change about human nature. I could write and write about this subject but I would be preaching to the choir :)
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