imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Subscribe Calendar Publish RSS
Tell the NSA: StopWatching.US

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
link:

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

RAC-LA Community Center Badly Needs Your Support A14 10:09PM

Meet Green elected school board members, Sunday, March 29 in LA - 4pm M26 2:36AM

Californians Shame Regulators For Teaching Big Oil How To Skirt Law and Pollute Our Water M25 5:28PM

Next "Star Wars" to score in Los Angeles for First Time in Franchise History M25 10:43AM

Los Angeles Stands Up for Women's Rights M10 9:25PM

American Flag Banned from UC Irvine M06 10:38PM

Conversations with 3 HOLES AND A SMOKING GUN M06 5:27PM

Indymedia and the Cyber Left M01 4:03PM

FEDS ALLOW LAWSUIT TO SHUT DOWN DIABLO CANYON TO PROCEED F27 8:18PM

Open Letter to LA indymedia re hardly any more comments F27 12:07PM

More Local News...

Other/Breaking News

Explication of Salient Events : fbi As Criminal Sovereignty A24 9:48AM

350 McDonalds Shut Down Since January 350 More Scheduled To Close A24 6:29AM

Les prisons intérieures A23 10:56PM

The Shortwave Report 04/24/15 Listen Globally! A23 2:46PM

Severely Injured Animals and Corrupt Cops A23 12:23AM

USA's Police State, Ungodly A22 2:56PM

San Francisco Supervisors ban wild animal performances A22 11:30AM

How is CCSA's Ref Rodriguez hiding his billionaire and ideologue contributors? A21 12:08PM

What drives charter profiteer Ref Rodriguez? A21 12:04PM

US Council of Muslim Organizations statement on Armenian incident A21 7:50AM

Politics Faded Out the Constitutional Offensiveness of Trade Agreements A21 4:14AM

Paraphysique de synecdoque A20 11:08PM

Los Angeles Artist Threatens 40 Million Dollar Law Suit for Public Storage Illegal Auction A20 4:08PM

RAC-LA Community Center Grand Opening A20 1:44PM

The fake sincerity of pro-Palestinian commentators A19 6:59PM

KPFK and Pacifica- woes unrelenting... A19 4:20PM

The Goodness of Mankind Is Threatened A19 1:26PM

Comments on the European Commission's approach to investor-state arbitration A18 11:02AM

World Bank Announces Package of Aid and Loans to Ebola-Affected Countries A17 7:13AM

Paraphysique de l'anarchisme A16 11:02PM

Overdue farewell to dogma A16 7:07PM

The Shortwave Report 04/17/15 Listen Globally! A16 5:04PM

The Sleazy Corporate Thieves of Public Storage: Ronald L. Havner Jr. , B. Wayne Hughes.... A16 2:02PM

Socialist Animalism A16 9:50AM

Federal agents being accused of gross misconduct & assassinations A15 11:31PM

4 Men Murdered 1983 San Pedro, Stat of WW III, Memory Returned 2014, Psych Ops, Video Link A15 8:50PM

BDS Drops Its Veil: Campus Anti-Semitism A15 7:08PM

IMF Reports Debt and Human Crises Drive Uneven Growth A15 7:25AM

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