In a sign of additional international scrutiny to come for the conflicts within the areas administered by the Palestinian Authority, the International Criminal Court (ICC) received a declaration on January 1st granting the ICC jurisdiction within Palestine. Following this, and the behest of the PA, the ICC Prosecutor opened an examination into the events occurring within PA administered territories.
Israel is not a party to the Rome Statute and as of 2002 “unsigned” its acceptance. Like the United States had formerly, both nations did not fully ratify the treaty and have since declared they have no intention of doing so.
The Registrar of the International Criminal Court received a document lodged under Article 12(3) of the ICC Rome Statute transmitted by the Palestinian government declaring Palestine’s acceptance of ICC jurisdiction since June 12, 2014
Acceptance of the ICC’s jurisdiction differs from an act of accession to the Rome Statute, the ICC’s founding treaty. The United Nations Secretary General acts as the depositary of the Rome Statute. The next day, Palestine transmitted to the United Nations documents relating to its accession to the Rome Statute and other treaties. The UN is presently reviewing these documents.
In the document accepting ICC jurisdiction, Palestine President Mahmoud Abbas signed and declared the following:
Declaration accepting the Jurisdiction of the International Criminal Court
President Mahmoud Abbas
In conformity with Article 12, paragraph 3, of the Rome Statute of the International Criminal Court, (‘the Statute’), the Government of the State of Palestine hereby recognizes the jurisdiction of the Court for the purpose of identifying, prosecuting and judging authors and accomplices of crimes within the jurisdiction of the Court committed in the occupied Palestinian territory, including East Jerusalem, since June 12, 2014.
This declaration is without prejudice to any other declaration the State of Palestine may decide to lodge in the future.
Accordingly, the State of Palestine undertakes to cooperate with the Court without delay or exception, in accordance with Chapter IX of the Statute.
This declaration shall be valid for an unspecified period of time and shall enter into force upon its signature.
Mahmoud Abbas
/s/
President of the State of Palestine
Within relatively short time, the ICC issued the following press release regarding a preliminary examination of events and grievances expressed by the Palestinian Authority.
Today, Friday, 16 January 2015, the Prosecutor of the International Criminal Court (ICC), Mrs. Fatou Bensouda, opened a preliminary examination into the situation in Palestine.
The Prosecutor’s decision follows the Government of Palestine’s accession to the Rome Statute on 2 January 2015 and its declaration of 1 January 2015, lodged under article 12(3) of the Rome Statute – the Court’s founding treaty – accepting the jurisdiction of the ICC over alleged crimes committed “in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014.”
Upon receipt of a referral or a valid declaration made pursuant to article 12(3) of the Statute, the Prosecutor, in accordance with Regulation 25(1)(c) of the Regulations of the Office of the Prosecutor, and as a matter of policy and practice, opens a preliminary examination of the situation at hand. Accordingly, the Prosecutor has opened a preliminary examination into the situation in Palestine. The Office will conduct its analysis in full independence and impartiality.
Chief Prosecutor Fatou Bensouda
A preliminary examination is not an investigation but a process of examining the information available in order to reach a fully informed determination on whether there is a reasonable basis to proceed with an investigation pursuant to the criteria established by the Rome Statute. Specifically, under article 53(1) of the Rome Statute, the Prosecutor must consider issues of jurisdiction, admissibility and the interests of justice in making this determination. The Office gives due consideration to all submissions and views conveyed to the Office during the course of a preliminary examination, strictly guided by the requirements of the Rome Statute in the independent and impartial exercise of its mandate.
There are no timelines provided in the Rome Statute for a decision on a preliminary examination. Depending on the facts and circumstances of each situation, the Office will decide whether to continue to collect information to establish a sufficient factual and legal basis to render a determination; initiate an investigation, subject to judicial review as appropriate; or decline to initiate an investigation.
Background and legal analysis
The Office previously conducted a preliminary examination of the situation in Palestine upon receipt of a purported article 12(3) declaration lodged by the Palestinian National Authority on 22 January 2009. The Office carefully considered all legal arguments submitted to it and, after thorough analysis and public consultations, concluded in April 2012 that Palestine’s status at the United Nations (UN) as an “observer entity” was determinative, since entry into the Rome Statute system is through the UN Secretary-General (UNSG), who acts as treaty depositary. The Palestinian Authority’s “observer entity”, as opposed to “non-member State” status at the UN, at the time meant that it could not sign or ratify the Statute. As Palestine could not join the Rome Statute at that time, the Office concluded that it could also not lodge an article 12(3) declaration bringing itself within the ambit of the treaty either, as it had sought to do.
On 29 November 2012, the UN General Assembly (UNGA) adopted Resolution 67/19 granting Palestine “non-member observer State” status in the UN with a majority of 138 votes in favour, 9 votes against and 41 abstentions. The Office examined the legal implications of this development for its own purposes and concluded, on the basis of its previous extensive analysis of and consultations on the issues, that, while the change in status did not retroactively validate the previously invalid 2009 declaration lodged without the necessary standing, Palestine would be able to accept the jurisdiction of the Court from 29 November 2012 onward, pursuant to articles 12 and 125 of the Rome Statute. The Rome Statute is open to accession by “all States,” with the UNSG acting as depositary of instruments of accession.
On 2 January 2015, Palestine deposited its instrument of accession to the Rome Statute with the UNSG. As outlined in the Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties, “the Secretary-General, in discharging his functions as a depositary of a convention with an ‘all States’ clause, will follow the practice of the [General] Assembly in implementing such a clause […].” The practice of the UNGA “is to be found in unequivocal indications from the Assembly that it considers a particular entity to be a State.” In accordance with this practice and specifically UNGA Resolution 67/19, on 6 January 2015, the UNSG, acting in his capacity as depositary, accepted Palestine’s accession to the Rome Statute, and Palestine became the 123rd State Party to the ICC. It was welcomed as such by the President of the Assembly of States Parties to the Rome Statute.
Likewise, on 7 January 2015, the Registrar of the ICC informed President Abbas of his acceptance of the article 12(3) declaration lodged by the Government of Palestine on 1 January 2015 and that the declaration had been transmitted to the Prosecutor for her consideration.
The Office considers that, since Palestine was granted observer State status in the UN by the UNGA, it must be considered a “State” for the purposes of accession to the Rome Statute (in accordance with the “all States” formula). Additionally, as the Office has previously stated publicly, the term “State” employed in article 12(3) of the Rome Statute should be interpreted in the same manner as the term “State” used in article 12(1). Thus, a State that may accede to the Rome Statute may also lodge a declaration validly under article 12(3).
For the Office, the focus of the inquiry into Palestine’s ability to accede to the Rome Statute has consistently been the question of Palestine’s status in the UN, given the UNSG’s role as treaty depositary of the Statute. The UNGA Resolution 67/19 is therefore determinative of Palestine’s ability to accede to the Statute pursuant to article 125, and equally, its ability to lodge an article 12(3) declaration.
The Office of the Prosecutor of the ICC conducts independent and impartial investigations and prosecution of the crimes of genocide, crimes against humanity and war crimes. The Office of the Prosecutor has opened investigations in nine situations: Uganda; Democratic Republic of the Congo; Darfur (Sudan); Central African Republic; Kenya; Libya; Côte d’Ivoire and Mali. The Office is also conducting preliminary examinations relating to the situations in Afghanistan, Colombia, Georgia, Guinea, Honduras, Iraq, Nigeria and Ukraine.
While initial in this examination and jurisdictional acceptance, a long process surely is to ensue given previous examinations and prosecutions. But the invitation of the ICC into the conflicts in Palestine could bring an additional factor to a historically contentious and protracted impasse.
The views expressed in this posting are the author’s alone and not those of the blog, the host, or other weekend bloggers. As an open forum, weekend bloggers post independently without pre-approval or review. Content and any displays or art are solely their decision and responsibility.
38 thoughts on “International Criminal Court Prosecutor Opens Examination Of Situation In Palestine Weeks After PA Grants ICC Jurisdiction”
About TTIP and the TPP what xyz said!
All you need to know about these 2 so called free trade agreements is that they have been negotiated in secret by representatives of the business oligarchy and that the representatives of the various parliaments are supposed to vote on them without knowing the contents. Why all the secrecy? because if we knew what is in them we would recognize that they are gifts to business oligarchy allowing them to sue governments in special pro business tribunals stacked with bought and paid for business lackys whenever some government regulation about health or environment or even affects profits. The nations own courts would be excluded from having any say in these matters.
Investor State Dispute Resolution mechanism are often included in trade pacts involving 3rd world countries that have a track record of disrespecting the rights of foreign investors but the TTIP and the TPP but all the nations involved with TTIP and the TPP are advanced countries accepted as having the rule of law. What these “trade agreements” are really about is tilting the terms of trade between ordinary folk (the 99%) and the kleptoplutocratic oligarchs (The 1%) decisively in favor of the latter.
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I don’t understand Antisemitism. I think it’s wrong what goes on in Israel, reportedly. But the visceral hatred is something I don’t understand which was why I thought it would do good to talk, make fun of and laugh about your cultures and learn to consider each other as the source if you know what I mean. This polarization of the hatred of the Jew is something I don’t understand. So, they were forced to move to Israel and “helped” by Truman and the UN because Europe did not want them nor Asia nor the US for that matter at that time. So now, there is friction with the Muslims and it’s all the Jews fault. I used to believe that. But minds are made to be changed unless you are a dolt and can’t learn from observation.
If I hear one more Conspiracy theory about Zionism and the Ashkenazi Jews I am going to have the screaming memes. It is ridiculous. Putting the Muslims aside for a moment. This has been going on now since Jesus was put to death.
I think it’s great that the Palestinians got their State. Maybe they will calm down. From what I have read that does seem to be a great source of irritation to them that the Jews have a State and they don’t. However stupid we might think that is.
What would we think if we were disenfranchised of our Country all of a sudden.
That was a comprehensive report Darren – as always – and one I have been waiting for – thank you.
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CVM,
I recognize statements of ultra-nationalism and ethnic supremacy. They are not “truth,” at least not to me. But while these statements are profoundly disturbing, the numbers are worse:
2,104 Palestinians killed
1,462 civilian deaths including 495 children.
66 Israeli military killed
7 civilian deaths
These civilian deaths are well deserving of investigation – especially since the Palestinians killed were walled in and under Israeli blockade.
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Fiver,
Isn’t the ratio (in principal) a “universal?” It is interesting to me how folks react when something—an unstated “primal” truth—is stated in a manner which is graphically conveyed. In this case, the Rabbi stated a cultural truth…the worth of one’s own culture in conflict. Other examples of the “truth”: Nazi Germany (in reverse for the Jews of course), Japan in China, Bataan Death March, our own Manifest Destiny, “Yugoslavia”, Rwanda…… Yes I cited examples which are abhorrent in the light of our “day.” But before we invaded Iraq over Kuwait, what was obviously the worth of one American soldier vis a vis the 100s (1000s?) of Iraqi solders under the belly of the low level B-52 strikes? (I’m not debating the Kuwaiti conflict here…simply stating our values as expressed in our own actions.) Was not our unstated fingernail truth in evidence?
A Jewish curse: “May all of your teeth fall out but one and that be abscessed.”
An intellectual’s take on a “S- – – – you.” It conveys one’s truth viscerally. It’s also very elegant and may well cause a pause.
The Rabbi’s fingernail statement, while provocative, is truth. But, it is a primal truth of and for all cultures and a great stepping off place for honest debate…..the blood is stirred. Truth comes out when diplomatic language is peeled away.
His is a way of describing part of the elephant in the living room. That classic metaphor for the dysfunctional family. I would say that we (individually and collectively) all have some form of that fingernail.
As for valuation of life in the Eastern Mediterranean, how many Gazans children are worth a stockpile of rockets? Ask Hamas that fingernail question as they are the ones using their own people as shields even though the Israeli telephone the populace and drop leaflets.
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rafflaw…what “Palestinian Boundaries” would those be? The UN presumes to dictate to Israel what boundaries matter, and that has no more standing than if they decided the USA had to cede the southwest back to Mexico, or to be a stand alone nation state. Just who is this UN of which we speak? This whole body count thing reminds me of a war long ago that I had the pleasure of serving in…they can be shaped to fit almost any narrative. McNamara said we were winning IIRC 🙂
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Old.George … the San Remo Accords do stand as International Law as far as I know. Virtually every other middle eastern state, so far, defines their borders by those accords. The Brits created the original “two state solution” when they established “Trans-Jordan” out of the Palestine Mandate….even brought in a nice Saudi Hashemite King to run the place. 🙂 Not sure we can say the Brits gave Israel independence, within the mandate territory already alternatively named a “National Home for the Jews.” Mostly the Brits just left town…then the fugits hit the fan. Later Jordan expelled the PLO and their supporters (Black September 1971) in to the “West Bank” and the fun began anew.
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rafflw, LOL! I love your sarcastic humor! Why would Israel fear the Anti-Semitic, Israel hating, UN. Lucky I knew you were kidding.
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The UN says at least 2,104 Palestinian died, including 1,462 civilians, of whom 495 were children and 253 women.
….
Israel also suffered casualties in the operation – 66 Israeli military personnel died, while six Israeli civilians and a Thai national were killed by rockets and mortars fired from Gaza. [emphases added]
While those numbers might seem a bit skewed (especially those on civilian deaths), by right-wing Israeli measures of human life, it was more than fair. As Dov Lior, head of the Council of Rabbis of Judea and Samaria, has stated: “A thousand non-Jewish lives are not worth a Jew’s fingernail.”
If the UN authority is investigating the situation of possible criminal actions within the Palestinian boundaries, wouldn’t that include investigating possible crimes on both sides? Why would Israel be worried if they have done nothing improper or illegal under international law?
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Thanks aridog for the correction.
Israel was created from the losers’ territory by the winners of WWI, and later given independence by the British.
Do the winners of a war have the right to this kind of activity? Is it covered in international law?
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Old.George – the winners of a war can pretty much do whatever they want. They can take whatever territory they want. Ask the Soviets about the end of WWII.
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I’ve said before, although I trust the UN not one whit, keeping it active and in NYC makes it easier for us to monitor and keep track of the zealot idiots therein….gathering it in one place is to our advantage. YMMV…. 🙂
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The Kurds are now, and always have been on their own. Our not arming them, people who can fight and will battle ISIS, shows just how despised they are. Saddam gasses them and we refuse to allow them to help themselves AND OTHERS in the region. Christopher Hitchens was one of their few allies in the world.
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Intersting. Since the term “Palestine” is used extensively, I wonder if the ICC will recognize the San Remo Accords of 1920 as amended in 1922 physically creating Jordan out of 77% of the original “Palestine Mandate”, which was also titled as a “Jewish National Home.”
For those who do not “like” Israel…do you also not “like” Iraq, Syria, Lebanon, Jordan, and virtually all other nation states in the middle east, ALL of whom were created exactly along the lines of their various post-Ottoman “mandates” for the British and the French? A war of allied forces was fought to return Kuwait to its mandate borders, ejecting the Iraqis. I’d say that is proof of what borders are recognized by both east and west, with one exception.
If there is to be debate let it be over the San Remo matters and the definitions of the mandates. The UN didn’t even exist then and simply usurped authority over certain areas in 1947, before the mandate for Palestine ended in 1948. Israel’s independence upon the departure of the British and the end of the Palestine Mandate were those borders they hold today. The day following the Israeli declaration of independence they were attacked from all sides. All other Arab nation states retain their recognized borders from mandate days (with ISIS trying hard to change that now) so what is the precedent for the initial attack on Israel and subsequent ones? How does Abbas refuse a treaty with Israel that would have given them most of the territory enclosed by the 1948 Armistice (a cease fire, not a treaty) lines, only later in 1967 were the invading Jordanians pushed out? Even then Israel has acknowledged that a second state can be created inside those lines, and Abbas has refused as did his predecessor.
Said simply, if we are to abandon the San Remo mandate lines, then the Kurds are also entitled to their own state taking territory from Turkey, Syria, Iraq and Iran. Logically, Kuwait would be incorporated in to Iraq, perhaps itself subdivided in to two ethnic parts. What chance is there of that happening? Why is the fandango focused mostly on “Palestine” as it was never legally defined in the 20th century nor the 21st. An argument can be made that mistakes were incorporated in the San Remo Accords, once the Ottoman Empire fell at the end of WW I … however it includes far more borders than Israel’s.
It is odd to me that Israel is the focus, and now somewhat the Kurds, but I’ve read no where of a formally proposed solution for the Kurds and I doubt there will be an organized effort on their behalf…they are mostly on their own.
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I find it incredibly disturbing how so many nations are anti-Israel. I always try and determine what is the motivating force behind movements. Although there are many who hate the Catholic Church, who were part of the priest sex scandal. Those haters were not the driving force. The primary people were good Catholics, outraged by the depravity. It seems that while there are righteous people who have problems w/ Israel, the motivating force seems clearly good old anti-Semitism.
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Old. George-
Good question. There is no absolute answer. Those with the most power tend to make the rules. The rules are only selectively enforced so that they don’t apply to those in power.
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When is a State a State?
Israel is a State by UN mandate.
The Palestinian Authority is recognized as a State by the UN.
Others are States by self-declaration.
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Knowing the politics of the region, the likely scenario is that someone like Turkey’s President Erdogan will be the one reviewing the situation.
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I do not support Israel but the UN should not exist. We are giving dangerous powers to a unified body. The same as the TPP Treaty
Israel’s been convicted, now to construct the evidentiary support.
However, they won’t go quietly into that good night.
Anyway, this supposed ‘court’ is all the more reason to declare the UN a total failure and close the damned building for good.
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This is interesting information, but I am not sure whether this will confuse the issue or help it. If I thought the UN was a level playing field I would applaud this, but since they are as crooked as a small town speed trap, I do not hold out much hope for good things to happen.
In a sign of additional international scrutiny to come for the conflicts within the areas administered by the Palestinian Authority, the International Criminal Court (ICC) received a declaration on January 1st granting the ICC jurisdiction within Palestine. Following this, and the behest of the PA, the ICC Prosecutor opened an examination into the events occurring within PA administered territories.
About TTIP and the TPP what xyz said!
All you need to know about these 2 so called free trade agreements is that they have been negotiated in secret by representatives of the business oligarchy and that the representatives of the various parliaments are supposed to vote on them without knowing the contents. Why all the secrecy? because if we knew what is in them we would recognize that they are gifts to business oligarchy allowing them to sue governments in special pro business tribunals stacked with bought and paid for business lackys whenever some government regulation about health or environment or even affects profits. The nations own courts would be excluded from having any say in these matters.
Investor State Dispute Resolution mechanism are often included in trade pacts involving 3rd world countries that have a track record of disrespecting the rights of foreign investors but the TTIP and the TPP but all the nations involved with TTIP and the TPP are advanced countries accepted as having the rule of law. What these “trade agreements” are really about is tilting the terms of trade between ordinary folk (the 99%) and the kleptoplutocratic oligarchs (The 1%) decisively in favor of the latter.
I don’t understand Antisemitism. I think it’s wrong what goes on in Israel, reportedly. But the visceral hatred is something I don’t understand which was why I thought it would do good to talk, make fun of and laugh about your cultures and learn to consider each other as the source if you know what I mean. This polarization of the hatred of the Jew is something I don’t understand. So, they were forced to move to Israel and “helped” by Truman and the UN because Europe did not want them nor Asia nor the US for that matter at that time. So now, there is friction with the Muslims and it’s all the Jews fault. I used to believe that. But minds are made to be changed unless you are a dolt and can’t learn from observation.
If I hear one more Conspiracy theory about Zionism and the Ashkenazi Jews I am going to have the screaming memes. It is ridiculous. Putting the Muslims aside for a moment. This has been going on now since Jesus was put to death.
I think it’s great that the Palestinians got their State. Maybe they will calm down. From what I have read that does seem to be a great source of irritation to them that the Jews have a State and they don’t. However stupid we might think that is.
What would we think if we were disenfranchised of our Country all of a sudden.
That was a comprehensive report Darren – as always – and one I have been waiting for – thank you.
CVM,
I recognize statements of ultra-nationalism and ethnic supremacy. They are not “truth,” at least not to me. But while these statements are profoundly disturbing, the numbers are worse:
These civilian deaths are well deserving of investigation – especially since the Palestinians killed were walled in and under Israeli blockade.
Fiver,
Isn’t the ratio (in principal) a “universal?” It is interesting to me how folks react when something—an unstated “primal” truth—is stated in a manner which is graphically conveyed. In this case, the Rabbi stated a cultural truth…the worth of one’s own culture in conflict. Other examples of the “truth”: Nazi Germany (in reverse for the Jews of course), Japan in China, Bataan Death March, our own Manifest Destiny, “Yugoslavia”, Rwanda…… Yes I cited examples which are abhorrent in the light of our “day.” But before we invaded Iraq over Kuwait, what was obviously the worth of one American soldier vis a vis the 100s (1000s?) of Iraqi solders under the belly of the low level B-52 strikes? (I’m not debating the Kuwaiti conflict here…simply stating our values as expressed in our own actions.) Was not our unstated fingernail truth in evidence?
A Jewish curse: “May all of your teeth fall out but one and that be abscessed.”
An intellectual’s take on a “S- – – – you.” It conveys one’s truth viscerally. It’s also very elegant and may well cause a pause.
The Rabbi’s fingernail statement, while provocative, is truth. But, it is a primal truth of and for all cultures and a great stepping off place for honest debate…..the blood is stirred. Truth comes out when diplomatic language is peeled away.
His is a way of describing part of the elephant in the living room. That classic metaphor for the dysfunctional family. I would say that we (individually and collectively) all have some form of that fingernail.
As for valuation of life in the Eastern Mediterranean, how many Gazans children are worth a stockpile of rockets? Ask Hamas that fingernail question as they are the ones using their own people as shields even though the Israeli telephone the populace and drop leaflets.
rafflaw…what “Palestinian Boundaries” would those be? The UN presumes to dictate to Israel what boundaries matter, and that has no more standing than if they decided the USA had to cede the southwest back to Mexico, or to be a stand alone nation state. Just who is this UN of which we speak? This whole body count thing reminds me of a war long ago that I had the pleasure of serving in…they can be shaped to fit almost any narrative. McNamara said we were winning IIRC 🙂
Old.George … the San Remo Accords do stand as International Law as far as I know. Virtually every other middle eastern state, so far, defines their borders by those accords. The Brits created the original “two state solution” when they established “Trans-Jordan” out of the Palestine Mandate….even brought in a nice Saudi Hashemite King to run the place. 🙂 Not sure we can say the Brits gave Israel independence, within the mandate territory already alternatively named a “National Home for the Jews.” Mostly the Brits just left town…then the fugits hit the fan. Later Jordan expelled the PLO and their supporters (Black September 1971) in to the “West Bank” and the fun began anew.
rafflw, LOL! I love your sarcastic humor! Why would Israel fear the Anti-Semitic, Israel hating, UN. Lucky I knew you were kidding.
While those numbers might seem a bit skewed (especially those on civilian deaths), by right-wing Israeli measures of human life, it was more than fair. As Dov Lior, head of the Council of Rabbis of Judea and Samaria, has stated: “A thousand non-Jewish lives are not worth a Jew’s fingernail.”
http://www.bbc.com/news/world-middle-east-28439404
http://web.archive.org/web/20080413220510/http://www.foreignpolicy.com/story/cms.php?story_id=4244
If the UN authority is investigating the situation of possible criminal actions within the Palestinian boundaries, wouldn’t that include investigating possible crimes on both sides? Why would Israel be worried if they have done nothing improper or illegal under international law?
Thanks aridog for the correction.
Israel was created from the losers’ territory by the winners of WWI, and later given independence by the British.
Do the winners of a war have the right to this kind of activity? Is it covered in international law?
Old.George – the winners of a war can pretty much do whatever they want. They can take whatever territory they want. Ask the Soviets about the end of WWII.
I’ve said before, although I trust the UN not one whit, keeping it active and in NYC makes it easier for us to monitor and keep track of the zealot idiots therein….gathering it in one place is to our advantage. YMMV…. 🙂
The Kurds are now, and always have been on their own. Our not arming them, people who can fight and will battle ISIS, shows just how despised they are. Saddam gasses them and we refuse to allow them to help themselves AND OTHERS in the region. Christopher Hitchens was one of their few allies in the world.
Intersting. Since the term “Palestine” is used extensively, I wonder if the ICC will recognize the San Remo Accords of 1920 as amended in 1922 physically creating Jordan out of 77% of the original “Palestine Mandate”, which was also titled as a “Jewish National Home.”
For those who do not “like” Israel…do you also not “like” Iraq, Syria, Lebanon, Jordan, and virtually all other nation states in the middle east, ALL of whom were created exactly along the lines of their various post-Ottoman “mandates” for the British and the French? A war of allied forces was fought to return Kuwait to its mandate borders, ejecting the Iraqis. I’d say that is proof of what borders are recognized by both east and west, with one exception.
If there is to be debate let it be over the San Remo matters and the definitions of the mandates. The UN didn’t even exist then and simply usurped authority over certain areas in 1947, before the mandate for Palestine ended in 1948. Israel’s independence upon the departure of the British and the end of the Palestine Mandate were those borders they hold today. The day following the Israeli declaration of independence they were attacked from all sides. All other Arab nation states retain their recognized borders from mandate days (with ISIS trying hard to change that now) so what is the precedent for the initial attack on Israel and subsequent ones? How does Abbas refuse a treaty with Israel that would have given them most of the territory enclosed by the 1948 Armistice (a cease fire, not a treaty) lines, only later in 1967 were the invading Jordanians pushed out? Even then Israel has acknowledged that a second state can be created inside those lines, and Abbas has refused as did his predecessor.
Said simply, if we are to abandon the San Remo mandate lines, then the Kurds are also entitled to their own state taking territory from Turkey, Syria, Iraq and Iran. Logically, Kuwait would be incorporated in to Iraq, perhaps itself subdivided in to two ethnic parts. What chance is there of that happening? Why is the fandango focused mostly on “Palestine” as it was never legally defined in the 20th century nor the 21st. An argument can be made that mistakes were incorporated in the San Remo Accords, once the Ottoman Empire fell at the end of WW I … however it includes far more borders than Israel’s.
It is odd to me that Israel is the focus, and now somewhat the Kurds, but I’ve read no where of a formally proposed solution for the Kurds and I doubt there will be an organized effort on their behalf…they are mostly on their own.
I find it incredibly disturbing how so many nations are anti-Israel. I always try and determine what is the motivating force behind movements. Although there are many who hate the Catholic Church, who were part of the priest sex scandal. Those haters were not the driving force. The primary people were good Catholics, outraged by the depravity. It seems that while there are righteous people who have problems w/ Israel, the motivating force seems clearly good old anti-Semitism.
Old. George-
Good question. There is no absolute answer. Those with the most power tend to make the rules. The rules are only selectively enforced so that they don’t apply to those in power.
When is a State a State?
Israel is a State by UN mandate.
The Palestinian Authority is recognized as a State by the UN.
Others are States by self-declaration.
Knowing the politics of the region, the likely scenario is that someone like Turkey’s President Erdogan will be the one reviewing the situation.
I do not support Israel but the UN should not exist. We are giving dangerous powers to a unified body. The same as the TPP Treaty
http://www.dailykos.com/story/2015/01/08/1356417/-Dems-To-White-House-Forget-This-Fast-Track-Nonsense-TPP
https://www.eff.org/deeplinks/2015/01/we-need-stop-white-house-putting-tpp-and-ttip-fast-track-ratification
Stalin had similar show trials.
Israel’s been convicted, now to construct the evidentiary support.
However, they won’t go quietly into that good night.
Anyway, this supposed ‘court’ is all the more reason to declare the UN a total failure and close the damned building for good.
This is interesting information, but I am not sure whether this will confuse the issue or help it. If I thought the UN was a level playing field I would applaud this, but since they are as crooked as a small town speed trap, I do not hold out much hope for good things to happen.