imc indymedia

Los Angeles Indymedia : Activist News

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


KILLRADIO

VozMob

CopWatch LA

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List





IMC Network: 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
printable version - js reader version - email this article - view hidden posts - tags and related articles

General Assembly Palestinian Statehood Vote

by Stephen Lendman Friday, Aug. 26, 2011 at 9:45 PM
lendmanstephen@sbcglobal.net

Palestine

General Assembly Palestinian Statehood Vote - by Stephen Lendman

Earlier articles discussed it, accessed through the following links:

http://sjlendman.blogspot.com/2011/04/palestinian-statehood-and-other.html

http://sjlendman.blogspot.com/2011/04/declaring-independent-palestinian-state.html

They explain that in 1987, Law Professor Francis Boyle was Palestinian Liberation Organization (PLO) legal advisor in drafting its 1988 Declaration of Independence.

In the late 1980s, he was asked, "Why should the PLO crate an independent state?" He responded, saying:

If you don't, "you will forfeit the moral right to lead your people."

The second link discusses his "CREATE THE STATE OF PALESTINE" Memorandum of Law, describing characteristics for world community recognition. Palestine easily qualifies for statehood and full de jure UN membership.

Delay is neither wise nor right for all Palestinians who deserve it. The time to act is now, no matter how Israel and/or America will contest.

A recent article also said the following, repeated below to explain what's important to understand:

(1) Last March, Israel told UN Security Council members and other prominent EU countries it will act unilaterally if the General Assembly grants Palestine de jure membership in September inside 1967 borders, 22% of historic Palestine.

(2) If granted, Israel will likely deny recognition, continuing its illegal occupation, this time against a sovereign country. Moreover, expect it to accelerate West Bank/East Jerusalem land seizures, isolating Palestinians on smaller portions of worthless scrub land.

(3) While rhetorically favoring Palestinian statehood, Obama categorically rejects PA officials seeking it unilaterally. Instead, he wants Israel to decide its terms, size, locations and timetable. In other words, he supports Israeli veto power over Palestinian rights, including sovereignty. It's an unacceptable/illegal condition under international law.

In a White House statement, he also "emphasized that a vote at the United Nations will never create an independent Palestinian state" even though defying a two-thirds majority General Assembly affirmation is illegal.

Despite his and congressional opposition, Washington earlier 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. At this time, enough support exists to get it.

Moreover, UN Charter Article 80(1) and others empower the General Assembly to recognize Palestinian statehood and take all necessary measures to end Israel's illegal occupation. If sovereignty is granted, it's more than ever essential to do so, holding Israel fully accountable for not complying.

Up to now, however, Washington's threatened Security Council veto prevented de jure membership, despite its illegality under international law and its pledge not to do so against any state seeking UN membership.

In fact, the General Assembly has sole authority to admit new members, not the Security Council. If Washington uses its veto as threatened, the GA can circumvent it under the 1950 Uniting for Peace Resolution.

Legal Opinion Believing UN Statehood Threatens Palestinian Rights

On August 24, Ma'an News said:

"The Palestinian team responsible for preparing the United Nations initiative in September (got) an independent legal opinion (warning about) risks involved with its plan to join the UN."

It claims transferring PLO representation to a newly established statehood "will terminate" its legal status held since 1975 as "the sole legitimate" Palestinian representative.

It says doing so will remove an "institution" able to represent "the inalienable rights" of all Palestinians, including diaspora/refugee ones, adding that they'll be "disenfranchise(d)," unable to return home.

Oxford University Professor of Public International Law Guy Goodwin-Gill prepared the opinion. Ma'an News said it claims that the General Assembly can't create an "actual state" under occupation, so debate should focus on whether the Security Council or General Assembly "should be asked to grant" observer status only. In fact, it already has it.

At issue now is full statehood recognition and UN membership. Only the General Assembly can grant it, not the Security Council as explained above.

Yet Goodwin-Gill believes "dramatic legal implications" for Palestinian rights aren't considered if the PLO loses its status, including:

(1) Palestinian National Charter constitutional issues, as well as others relating to the PLO and its entities.

(2) Whether "the State of Palestine (can) effectively take on the role and responsibilities of the PLO in the UN."

(3) Also issues of "popular representation."

His document says the PLO-established Palestinian Authority (PA) "has limited legislative and executive competence, limited territorial jurisdiction, and limited personal jurisdiction over Palestinians not present in the areas for which it has been accorded responsibility."

Moreover, the PA "is a subsidiary body, competent only to exercise those powers conferred on it by the Palestinian National Council. By definition, it does not have the capacity to assume greater powers."

In addition, it can't "dissolve" its parent body or claim independence from the PNC or PLO. Also, the PLO and PNC derive their legitimacy "from the fact that they represent all sectors of the displaced Palestinian people, no matter where they presently live or have refuge."

Goodwin-Gill expressed special concern for Palestinian refugees, represented by the PLO through the PNC.

"They constitute more than half of the people of Palestine, and if they are 'disenfranchised' and lose their (UN) representation....it will not only prejudice their entitlement to equal representation....but also their ability to (air) their views, to participate in matters of national governance, including the formation and political identity of the State, and to exercise their right of return."

Former PLO representative/now Oxford University Professor Karma Nabulsi also expressed concerns, saying:

"Without question, no Palestinian will accept losing such core rights for such a limited diplomatic initiative in September. First, we will hot have liberated territory, (and by) losing the PLO as the sole legitimate (UN) representative....our people immediately lose our claims as refugees to be part of our official representation, recognized by the world."

She added that knowing the legal dangers should lead to an initiative that "will protect the status of the PLO" and rights of all Palestinians.

The PLO represents them all, not selective parts only. It also established the PA. Changes in who represents Palestinians "require an expression of the popular will and international recognition."

Assuring new rights gained in September loses no current ones is crucial she and Goodwin-Gill believe.

Supporters of Palestinian rights surely agree, including Professor Francis Boyle.

An international law/human rights law expert, his important book, "Palestine, Palestinians and International Law," covers a wealth of information, including the relevant legal history since 1987.

In an email to this writer after reading the Ma'an News article, he said:

"I have not read (Goodwin-Gill's) memo itself. But from (the Ma'an News) report, unfortunately, this lawyer is not aware of all the safeguards I built into the 15 November 1988 Palestinian Declaration of Independence to make sure that his doomsday scenario does not materialize."

In other words, despite Goodwin-Gill's good intentions, his fears are ill-founded as long as the PA's September bid includes all legal protections Boyle provided for them 23 years earlier.

That said, it's vital they proceed as planned. All Palestinians deserve what they've been long denied, and with enough support can get it.

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:
Share on: Twitter, Facebook, Google+

add your comments


Local News

Segregation in the City of Angels: A 1939 Map of Housing Inequality in L.A. A15 7:44PM

Justice Dept. seeking info, IDs on 1.3M visitors to protest website DisruptJ20.org A15 1:04PM

San Francisco Rally Protests Hate Crimes in Charlottesville A14 5:38PM

New Google algorithm restricts access to left-wing, progressive web sites A02 1:52PM

Tracking Twenty Years of Stockton Killings by Law Enforcement A02 1:27PM

Garcetti Cronyism - Why and How to Ignore Your LA Dog License A01 5:05PM

Nation's Worst Meltdown Was In LA J31 4:54PM

As RV towing resumes in LA, officials say program won't 'target homeless' J31 1:15PM

Class War on the Waterfront: Longshore Workers Under Attack J21 10:18AM

Limits to Growth Published Forty Years Ago J18 5:15AM

KPFK's Indy Media on Air Now on Wednesdays J25 9:13AM

Lessons From Portland’s Clashes With Fascists J13 7:36PM

Dr. Maryse Narcisse of Haiti Visits Southern California M20 5:55PM

May Day March in Riverside M02 10:35PM

Nuclear Shutdown News: April 2017 M02 4:38PM

Jewish “Defense” League: Nazis in Skull-caps A07 11:13AM

Nuke Shutdown News 3/17 A01 4:13PM

More Local News...

Other/Breaking News

The Shortwave Report 09/22/17 Listen Globally! S21 4:37PM

Darkness over the White House S21 4:17AM

Paraphysique de biodynamie généralisée S20 10:09PM

6 Arrested in Female Genital Mutilation Business in La Vonia Michigan S20 10:32AM

Gang Stalking by fbi S19 6:14PM

Hurricane Maria Slams Dominica and Heads Towards Puerto Rico S19 10:18AM

Phone Privacy? S19 6:42AM

Paraphysique de l'orthopraxie S18 10:40PM

Reem’s Cafe Owner Has a First Amendment Problem S18 9:07PM

Evidence of USA Murderous Decadence &Threat to Civilization S18 5:46PM

The World at Risk under Trump S18 6:00AM

Fbi are human monsters S18 5:00AM

August 2017 Honduras coup update S17 10:50PM

Perpetrators of atrocities are employed by or associated with fbi S17 5:48PM

Mr. President ... S17 2:13PM

Nicaraguas fake Communist Gov. Forcing Canal on Southern Portion of Country No MoneyHealth S17 1:47PM

Allied Efforts in WW2@ Shortened Length of Time Nazi Party Terrorized Western Theater S17 1:36PM

Identity TRheft Rings Hurting all Classes Races and Types in USA Identity Sytems S17 1:26PM

Celebrate California Safe Schools S16 11:56PM

Revolutionary Internationalist Youth Founded S16 8:04AM

Dura lex, sed lex S16 4:22AM

Our sick government & populace S15 11:21PM

After the Hurricanes S15 6:44AM

La misarchie ou l'harmonie holiste S14 11:26PM

La lisarchie ou l'harmonie holiste S14 11:24PM

The Shortwave Report 09/15/17 Listen Globally! S14 5:09PM

Caribbean Bishops and Development Groups Urge Debt Relief for Irma-Struck Islands S14 9:26AM

Fbi is cyber criminal supreme S13 5:39PM

More Breaking News...
© 2000-2003 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