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

Families Protest Abusive Foreclosure Practices of Wells Fargo Bank A26 10:37AM

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

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

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

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

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

More Local News...

Other/Breaking News

Endless Nakba M22 11:37AM

Jail torture trick M22 8:56AM

Obama's War on Yemen Rages M22 7:02AM

Heading Toward Financial Maidan in Ukraine? M22 4:01AM

The Shortwave Report 05/22/15 Listen Globally! M21 5:25PM

Mad men of government driving good men to distraction M21 3:13PM

Ukraine Provoking Confrontation with Russia M21 11:17AM

Saudi Arabia: Headed Toward Becoming Nuclear Armed and Dangerous? M21 7:27AM

Foreclosure Victims Occupy Senate Stump Speech of Kamala Harris M21 4:58AM

Israeli Defense Minister Threatens to Nuke Iran M21 2:31AM

Transinhumanisme ( transe inhumanisme ) M20 11:17PM

Transinhumanisme ( transe inhumanisme ) M20 11:04PM

Next Generation Climate Justice Action Camp Aug 4-8, 2015 M20 3:53PM

Kiev to Prosecute Two Russian Nationals As Terrorists M20 9:43AM

Kiev Reneges On Its Debt Obligations M20 9:14AM

Ukraine: A Cancer in Europe's Heartland M20 5:05AM

‘Remember al Nakba,’ too Israel celebrates its ‘Independence Day’ in May M19 6:56PM

Rewriting the Rules for the American Economy M19 4:46PM

Demand The Permanent Closure Of A Taxpayer Funded "Meat Animal" Research Center in Nebrask M19 1:34PM

Netanyahu Appoints Hardline Peace Negotiator M19 10:32AM

Video: Humans Need Not Apply, 15 min M19 6:41AM

UK Whistleblower Says Britain's Nuclear Deterrent a Disaster Waiting to Happen M19 6:36AM

Washington Wants War on Donbass M19 4:25AM

LA Nakba Anniversary protest at the Israel Consulate M19 12:56AM

Broken Prmises, 12 pp M18 2:41PM

Freedom Flotilla III Heads for Gaza M18 10:08AM

Israeli Security Force Thugs Attack Russian Journalists M18 7:48AM

US-Attempted Color Revolution in Macedonia: Victoria Nuland's Dirty Hands Involved M18 5:06AM

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