Showing posts with label U.N. Charter. Show all posts
Showing posts with label U.N. Charter. Show all posts

Tuesday, August 16, 2011

CAMERA - News Media Mum on Questionable Legality of Proposed Palestinian Nationhood

MK
CAMERA/Snapshots
15 August '11

http://blog.camera.org/archives/2011/08/news_media_mum_on_questionable_1.html

With the Palestinian Authority (P.A.) pursuing a declaration of recognition of a Palestinian state from the United Nations in September, little is heard from most major news media about the questionable legality and diplomatic contradictions such a declaration would entail.

Meanwhile, the U.N. will not consider the case for Kurdish statehood, which is far stronger than that for the Palestinian Arabs. Not surprisingly, mainstream media have all but ignored this glaring contrast.

New York Sun columnist Hillel Halkin put it succinctly:

The Palestinians have many friends, the Kurds have none. And so, viva Palestinian statehood -- and down with statehood for the Kurds. Since principles have nothing to do with it, it may be beside the point to observe that, in principle, the Kurds have a far better case for statehood than do the Palestinians. They have their own unique language and culture, which the Palestinians do not have. They have had a sense of themselves as a distinct people for many centuries, which the Palestinians have not had. They have been betrayed repeatedly in the past 100 years by the international community and its promises, while the Palestinians have been betrayed only by their fellow Arabs.

But the U.N. cares not that the Palestinians are on the wrong side of the U.N. Charter since they are not peace-loving. The charters of both wings of the Palestinians -- Fatah (P.A.) and Hamas – call for the elimination of Israel.

Secondly, ethnic cleansing is specifically forbidden by the U.N. General Assembly but the Palestinians openly demand a Jew-free state which of course entails ethnic cleansing of Jews residing in parts of ancient Israel known as the West Bank and claimed by the Palestinians and in the parts of Israel’s capital of Jerusalem claimed by the Palestinians.

Thirdly, Palestinian incitement to hatred and violence against Israel and Jews, continues in violation of U.N. decrees. Article 26 (2) of the U.N. Universal Declaration of Human Rights implicitly condemns incitement to hatred/violence against other ethnic/religious groups in textbooks but Palestinian textbooks previously and currently have continued to contain incitement against Jews and Israel. The U.N. Commission on Human Rights resolution 2003/37 (No. 4) ”Condemns incitement of ethnic hatred, violence and terrorism” but the P.A. seems to be doing all it can to demonstrate their hate-indoctrination causing even the U.S. State Department to take notice.

The lack of a legal basis for acquisition of Palestinian statehood through a Unilateral Declaration of Independence (UDI) via the U.N. General Assembly, rather than through negotiations with Israel, is documented by a CAMERA Backgrounder which notes that P.A. is bound by the 1993 Declaration of Principles and subsequent Oslo accords agreements to solve outstanding issues with Israel through direct negotiations, and that U.N. Security Council Resolutions 242 and 338 call for Arab-Israel peace to be reached through talks between and among the parties.

If the U.N. General Assembly -- in violation of previous U.N. Security Council resolutions and international agreements supported by the United Nations -- complies with the request for a declaration recognizing a Palestinian Arab state in the West Bank and Gaza Strip outside of and in contradiction to the established procedure of direct negotiations in accordance with the relevant measures, even if the recognition lacked immediate effect, it would imply an imposition of international borders on Israel without Israeli input, including taking parts of its capital, Jerusalem, away from it and giving the parts to a new country.

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Wednesday, January 13, 2010

The Right to Self Defense


NGO Monitor
International Law Series
13 January '10

The right to self-defense, including the right to combat terror, is a cornerstone of international law, enshrined in the UN Charter (Article 51) and numerous Security Council Resolutions.

In order to delegitimize Israel’s self-defensive measures, many NGOs have issued statements distorting international law or even inventing legal bases under which Israel’s rights are denied.

Al Haq and PCHR falsely claim that Israel cannot invoke self-defense in response to attacks from non-state actors in occupied territory. In making this legally incoherent argument, these NGOs misinterpret key passages in international law.

A second approach, taken by Human Rights Watch and B’Tselem, alleges without any evidentiary basis that Israel’s exercise of self-defense is merely a pretext for punishing the Palestinians. There is no legal doctrine that establishes that an otherwise legal military action in self-defense becomes illegal simply because one of its alleged motives is to “punish” the aggressor.

Other groups, including Oxfam and FIDH, pay lip service to Israeli self-defense, but reject every Israeli action as a “violation of international law.”
The NGOs make no realistic suggestions of what would be considered lawful and effective measures, effectively nullifying the right to self-defense.

Palestinian NGO, the Palestinian Center for Human Rights, receiving hundreds of thousands of dollars from European governments (EU, Denmark, Norway, Ireland, Netherlands), labels direct attacks on Israeli civilians as acts of “resistance.”

Background: The Right of Self-Defense

Between 2000 and May 2009, Palestinian attacks killed nearly 1,200 Israelis and injured close to 10,000, through suicide bombings, rocket and mortar attacks, shootings, stabbings, bombings, and vehicular assaults. In executing these attacks, Palestinian groups deliberately targeted Israeli civilians and population centers.[1] In defense, Israel applied a vigorous counter-terrorism strategy.

(Read full article)
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Wednesday, December 9, 2009

Phased Plan Enshrined on UN-Hosted Website


FreeMiddleEast.com
December 09

Chapter One, Article One, Paragraph One of the UN Charter states the chief purpose of thePOM.Palestine.UN.jpgUnited Nations:


To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;


The word “peace” is mentioned no less than five times in the opening paragraph alone! It should come as a surprise that only a few clicks away on the official website of the Palestinian Observer to the UN, hosted at www.un.int, the official site for member states, you can find the full text of the PLO Phased Plan. It is a document which advocates “armed struggle” and a “combatant national authority”, diametrically opposed to the UN charter.


The Palestine 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.


For the full text please visit Palestine’s UN web area.

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