- On April 2, New York Times writer Ethan Bronner headlined,
"In Israel, Time for Peace Offer May Run Out," saying:
- The UN may vote to "welcom(e) the State of Palestine
as a member whose territory includes all of the West Bank, Gaza and East
Jerusalem. The Palestinian Authority (PA) has been steadily building support
for such a resolution in September, a move that could place Israel into
a diplomatic vice."
- According to Defense Minister Ehud Barak:
- "We are facing a diplomatic-political tsunami that
the majority of the public is unaware of and that will peak in September.
It is a very dangerous situation, one that requires action. Paralysis,
rhetoric, inaction will deepen the isolation of Israel."
- On April 4, Israeli Foreign Minister Avigdor Lieberman
warned UN officials against recognizing an independent Palestine, saying:
- "It will destroy everything we have accomplished
to date" with no further explanation. President Mahmoud Abbas said
he'll seek recognition at the UN General Assembly this September when the
body holds its annual meeting. A notorious occupation enforcer, he may
or may not follow through. So far, over 130 countries have officially recognized
Palestine within its 1967 borders. Israel remains contemptuously opposed.
- So does America, White House Middle East advisor Dennis
- "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" to legitimate Palestinian rights. Neither
Washington or Israel tolerates them, so it's up to the UN to act.
- European nations, including Britain, France and Germany
said sovereignty should be within 1967 borders with equivalent land swaps
to resolve today's reality on the ground, exactly what Israel rejects.
An anonymous official said:
- "Does the world think it is going to force Israel
to declare the 1967 lines and give up (East) Jerusalem as a basis for negotiation?"
- Others like MK/Netanyahu aide Zalman Shoval said:
- "Whatever we put forward has to be grounded in security
arrangements because of what is going on regionally. We are facing the
rebirth of the eastern front as Iran grows strong. We have to secure the
Jordan Valley. And no Israeli government is going to move tens of thousands
of Israelis from their homes quickly."
- In fact, not at all, except perhaps token numbers too
small to matter unless sustained pressure forces them.
- Declaration of a Palestinian State
- In 1987, Law Professor Francis Boyle was Palestinian
Liberation Organization (PLO) legal advisor in drafting of its 1988 Declaration
of Independence. From 1991 - 1993, he also represented the Palestinian
Delegation to the Middle East Peace Negotiation run-up to Oslo. In fact,
months in advance, he prepared a 30-page analysis titled, "The Interim
Agreement and International Law," explaining numerous potential legal
traps, essential to counter or be entrapped in a bad deal.
- That's precisely what happened because Arafat and others
rejected his advice, including saying place no trust in Israeli and American
promises. They're worthless and won't be honored. They're not honest peace
brokers, wanting only unchallengeable domination. Expect no Final Settlement.
They'll indefinitely delay and postpone to give Israel enough time to tighten
occupation, kill your people, destroy your homes, and steal your land.
Only binding, enforceable guarantees are acceptable, and given US/Israeli
duplicity, nothing negotiated with them is certain.
- In the late 1980s, Boyle was asked, "Why should
the PLO create an independent state? He responded saying:
- If you don't, "you will forfeit the moral right
to lead your people."
- As a result, on November 15, 1988, the Palestine National
Council (PNC) adopted Boyle's Memorandum, "proclaim(ing) the existence
of the new independent state of Palestine." Immediately after the
- Yasser Arafat a visa to attend the UN General Assembly.
Instead, he spoke at a Special Session in Geneva, called so he could address
the world body as an official head of state. Despite earlier false steps,
this began the Middle East peace process as it's now known - started by
the Palestinians, not Israelis.
- In addition, Boyle accurately predicted that Palestine
would be an "instantaneous success" and eventually achieve de
jure diplomatic recognition from about 130 states. It also became a de
facto, not de jure, UN member, but it's "only a matter of time."
- Creating the Palestinian State
- Boyle's "CREATE THE STATE OF PALESTINE" Memorandum
of Law is discussed below, describing characteristics needed for world
community recognition, including:
- -- "a determinable (not necessarily fixed) territory;"
its borders are negotiable; the new state is comprised of Gaza, the West
Bank and East Jerusalem; Palestinians have lived there for millennia; they
deserve it as their nation state;
- -- a fixed population;
- -- a functioning government; in 1988, Arafat declared
the PLO as Palestine's Provisional Government; and
- -- the capacity to enter into relations with other states;
about 130 nations recognize Palestine; others haven't because, under occupation,
it lacks effective control of its territory; still others disagree, saying
Israel isn't in control; it's an occupier; on December 15, 1988, The General
Assembly recognized Palestine's legitimacy, affording it observer status;
- Palestine can easily satisfy essential criteria, and
all UN Charter states (including America and Israel) provisionally recognized
Palestinians an independent in accordance with UN Charter article 80(1)
and League Covenant article 22(4). Further, as the League's successor,
the General Assembly has exclusive legal authority to designate the PLO
as the Palestinian peoples' legitimate representative.
- The Palestine National Council (PNC) is the PLO's legislative
body, empowerered to proclaim the existence of Palestine. According to
the binding 1925 Palestine Citizenship Order in Council, Palestinians,
their children and grandchildren automatically become citizens. So are
diaspora Palestinians. Those living in Israel and Jordan have dual nationalities,
and residents of the Occupied Territories remain "protected persons,"
according to Fourth Geneva, until a final peace settlement is reached.
- Boyle explained that the Proclamation of Independence
must create the Government of Palestine (GOP). It then can claim the right
of Palestine and its people to UN membership. It requires approval by both
the Security Council and General Assembly according to five conditions.
Applicants must be:
- -- a state;
- -- peace loving;
- -- accept the Charter's provisions;
- -- be able to administer them; and
- -- be willing to do so.
- Washington provisionally recognized Palestine as an independent
nation. According to UN Charter Article 80(1), it can't reverse its position
by vetoing a Security Council (SC) resolution calling for Palestine's UN
admission. Any veto is illegal, subject to further SC action under the
Charter's Chapter VI. Ultimately, the SC only recommends admissions. The
General Assembly affirms them by a two-thirds majority.
- It can go further as well by enacting a complete international
legal regime for the new state, requiring all members refrain from recognizing
Israel's illegal occupation. Moreover, UN Charter Article 80(1) and others
empower the General Assembly to recognize the Palestinian state and take
all necessary measures to end Israel's illegal occupation.
- In addition, Palestine's Declaration of Independence
is "determinative, definitive, and irreversible." It recognized
the General Assembly's 1947 Partition Plan in good faith. It also declared:
- -- its commitment to the UN Charter's purpose and principles;
- -- the Universal Declaration of Human Rights (UDHR),
policy, and principles of nonalignment;
- -- its natural right to defend the Palestinian state,
rejecting "the threat or use of force, violence and intimidation against
its territorial integrity and political independence or those of any other
- -- its willingness to accept UN supervision on an interim
basis to terminate Israel's occupation;
- -- its call for a Middle East International Peace Conference
based on UN Resolutions 242 and 338;
- -- its asking for Israel's withdrawal from occupied Palestinian
lands - since 1967, including East Jerusalem;
- -- its willingness to accept a voluntary confederation
between Jordan and Palestine; and
- -- its "rejection of terrorism in all forms, including
- -- its acceptance of UN Charter Article 51, the four
1949 Geneva Conventions, and the 1907 Hague Regulations on Land Warfare.
- The PNC accepts them. Israel doesn't and won't observe
fundamental international laws. In addition other nations are culpable.
Under Geneva's Common Article 1, all countries are obliged to pressure
Israel to comply.
- America is especially at fault, providing Israel with
annual billions of dollars, more billions in loans and grants, weapons,
munitions, equipment, the latest technology, and numerous other special
benefits afforded no other state. Without them, Israel couldn't wage aggressive
wars with impunity.
- No wonder Boyle recommends suspending Israel from all
UN organs and bodies, including the General Assembly. Legally it's permissible
because its admission was conditional on accepting Resolution 181 - the
1947 Partition Plan. Israel repudiated 181 and 194, granting Palestinian
refugees the right of return among other provisions. America is equally
- For decades, Palestinians have suffered. It's high time
the world body afforded them full de jure recognition as an independent
member state, their legitimate status long denied, and let Israel and America
stew over it.
- A Final Comment: Breaking News
- On April 8, Australians for Palestine and other sources
headlined, "Israel Announces the Start of 'Operation Scorching Summer,'
- Israeli apache helicopters attacked Palestinian houses
in heavily populated Shuja'eya neighborhood east of Gaza City. Israeli
vessels also fired on residential targets. Palestinians reported five deaths,
dozens wounded, and an ambulance struck.
- In addition, Israeli aircraft struck Khan Younis, south
of Gaza City. No casualty reports so far are available. Moreover, heavy
shelling targeted Rafah and border tunnels. Areas adjacent to Egypt are
being bombed. Two high voltage electricity converters in Khan Younis and
Gaza City were hit, causing power outages.
- All Gaza hospitals declared a state of emergency. UN
staff were evacuated. The situation remains fluid.
- Stephen Lendman lives in Chicago and can be reached at
email@example.com. Also visit his blog site at sjlendman.blogspot.com
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