imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

Declaring An Independent Palestinian State

by Stephen Lendman Friday, Apr. 08, 2011 at 10:13 PM
lendmanstephen@sbcglobal.net

independence

Declaring An Independent Palestinian State - by Stephen Lendman

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 Ross, saying:

"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 Reagan denied

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 state;"

-- 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 state terrorism...;"

-- 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 culpable.

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,' " saying:

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 lendmanstephen@sbcglobal.net. Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.

http://www.progressiveradionetwork.com/the-progressive-news-hour/.

Report this post as:

Local News

GUIDE TO REBEL CITY LOS ANGELES AVAILABLE A12 5:39PM

lausd whistle blower A10 11:58PM

Website Upgrade A10 3:02AM

Help KCET and UCLA identify 60s-70s Chicano images A04 1:02PM

UCLA Luskin: Casting Youth Justice in a Different Light A02 11:58AM

Change Links April 2018 A01 11:27AM

Nuclear Shutdown News March 2018 M31 6:57PM

Join The Protest Rally in Glendale on April 10, 2018! M29 7:00PM

Join The Protest Rally in Glendale on April 10, 2018! M29 6:38PM

Spring 2018 National Immigrant Solidarity Network News Alert! M19 2:02PM

Anti-Eviction Mapping Project Shows Shocking Eviction Trends in L.A. M16 5:40PM

Steve Mnuchin video at UCLA released M15 12:34AM

Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Clean Ups M06 12:10PM

After Being Told He's 'Full of Sh*t' at School Event, Mnuchin Demands UCLA Suppress Video M02 11:44AM

Resolution of the Rent Strike in Boyle Heights M01 6:28PM

What Big Brother Knows About You and What You Can Do About It M01 3:30PM

Step Up As LAPD Chief Charlie Beck Steps Down F14 2:44PM

Our House Grief Support Center Hosts 9th Annual Run For Hope, April 29 F13 12:51PM

Don’t let this LA County Probation Department overhaul proposal sit on the shelf F13 11:04AM

Echo Park Residents Sue LA Over Controversial Development F12 8:51AM

Former Signal Hill police officer pleads guilty in road-rage incident in Irvine F09 10:25PM

Calif. Police Accused of 'Collusion' With Neo-Nazis After Release of Court Documents F09 7:14PM

Center for the Study of Political Graphics exhibit on Police Abuse posters F07 9:50AM

City Agrees to Settle Lawsuit Claiming Pasadena Police Officer Had His Sister Falsely Arre F04 3:17PM

Professor's Study Highlights Health Risks of Urban Oil Drilling F04 12:42PM

Claims paid involving Pasadena Police Department 2014 to present F04 10:52AM

Pasadenans - get your license plate reader records from police F03 11:11PM

LA Times Homicide Report F03 1:57PM

More Local News...

Other/Breaking News

TheMilitary of Yemen IN In The 1990's A26 5:42PM

The Shortwave Report 04/27/18 Listen Globally! A26 4:03PM

Federal Bank Examiner FDIC recalls year long 1999 robbery in 2017 A26 3:24PM

Doxa du lobby A25 2:03AM

Tech workers organize A24 6:24PM

Architect Stephen Francis Jones A24 3:01PM

UN Forum Wrestles with Economic Policies 10 Years After Financial Crisis Islands Call for A24 12:34PM

Xyloglossie attitudinale A23 8:07AM

What does the Quran Say About Islamic Dress?? A21 4:15PM

Biodiversité ou la nature privatisée A20 11:22AM

The Market is a Universal Totalitarian Religion A20 7:14AM

Book Available about Hispanics and US Civil War by National Park Service A19 5:52PM

The Shortwave Report 04/20/18 Listen Globally! A19 4:01PM

The Republican 'Prolife' Party Is the Party of War, Execution, and Bear Cub Murder A19 11:48AM

Neurogenèse involutive A18 9:21AM

Paraphysique de la dictature étatique A16 10:13AM

Book Review: "The New Bonapartists" A16 3:45AM

The West Must Take the First Steps to Russia A14 12:25PM

Théorie générale de la révolution ou hommage à feu Mikhaïl Bakounine A14 3:30AM

The Shortwave Report 04/13/18 Listen Globally! A12 3:50PM

“Lost in a Dream” Singing Competition Winner to Be Chosen on April 15 for ,000 Prize! A12 3:48PM

The World Dependent on Central Banks A12 4:43AM

Ohio Governor Race: Dennis Kucinich & Richard Cordray Run Against Mike DeWine A11 9:40PM

March 2018 Honduras Coup Again Update A10 10:52PM

Apologie du zadisme insurrectionnel A10 3:33PM

ICE contract with license plate reader company A10 1:14PM

Palimpseste sisyphéen A09 11:23PM

Black Portraiture(S) IV: The Color of Silence...Cuba No...Cambridge Yes A09 5:32AM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy