U.N.convenient Truth

For years, even Israelis have known that Palestine is a state. And pretending it's not at the U.N. is misreading history.

BY JAMES VERINI | SEPTEMBER 22, 2011

In 1988, Abba Eban, perhaps the finest diplomat and one of the sharpest minds Israel has ever produced, got up before a distinguished crowd in London to give an address with the predictable and yet absurd title, "Prospects for Peace in the Middle East." Predictable not just in itself, but because Eban and other Israeli leaders had delivered countless such addresses in the 40 unpeaceful years since the country's creation; absurd because his remarks, which concerned Palestine, came a year into the First Intifada.

But Eban, who served as Israel's deputy prime minister, its foreign minister, and its ambassador to the United States, laid the case bare for his surprised listeners. He lamented "the paradox of the West Bank and Gaza as an area in which a man's rights are defined not by how he behaves, but who he is." He said of the Israeli occupation, "The need to rule one-and-a-half million people of specific and recognized national particularity against their will weakens our economy, distorts our image, complicates our regional and international relations," and "prevents any prospect of peace." Weighing the Palestinian stone-throwers in the streets against Israel's indisputable -- no, laughable -- military supremacy over its neighbors, he concluded, "We come up against the immense gap between the reality of our power and the psychology of our vulnerability."

"The immense gap between the reality of our power and the psychology of our vulnerability" -- nicely put, and Israel's existential dilemma crystallized. It's a phrase worth bearing in mind this week as Israeli Prime Minister Benjamin Netanyahu, U.S. President Barack Obama, and even certain European leaders try to persuade Palestinian Authority President Mahmoud Abbas to not seek full statehood at the United Nations.

But there's another phrase in Eban's remarks that demands as much attention. Note that he referred to Palestinians as a "people of specific and recognized national particularity" -- as a nation, in other words, or at least a population deserving one. Eban, who died in 2002, saw his fears borne out. He outlived the First Intifada only to catch the start of the second one, by which time the Palestinians were well-armed enough to inflict real damage, and to watch the eclipse in Gaza of Yasir Arafat's Fatah party by the more militant Islamist party Hamas. Still, his epigones in Israel and the United States refute him as a matter of course. Get into a discussion with even a well-informed Israeli or defender of Israeli policy on the prospect of Palestinian nationhood, and the outdated and circular line of argument that Palestinians never comprised a state, and thus do not require one now, presents itself inside of a minute. If that doesn't work, they'll tell you that, anyway, Hamas has made a Palestinian state untenable.

Texas Gov. Rick Perry, for instance, justified his criticisms of what he says are Obama's too weak efforts by saying, "America should not be ambivalent between the terrorist tactics of Hamas and the security tactics of the legitimate and free state of Israel." Whether Perry knows that Abbas has risked life and limb defying Hamas he didn't mention.

The first argument, too, still finds voice in the government offices of West Jerusalem, but it's not the one Netanyahu and his colleagues, including the prime minister's critics, are marshaling now. No, they say that recognition of a Palestinian state would subvert the principle of direct negotiation that has been the ideal since the Oslo process; that it would indeed embolden Hamas or inspire Palestine to rash actions such as seeking redress in international courts; or that it would -- the psychology of vulnerability again, enhanced by the Arab Spring and the new anti-Israel flare-ups in Egypt, Jordan, and Turkey -- compromise Israeli security. Obama, who has spent months trying to head off the vote, purports to agree at least with the first point and has promised to veto any resolution that makes it to the Security Council. But his U.N. ambassador, Susan Rice, was saying more than she knew when she asked, rhetorically, "What will change in the re­al world for the Pales­tini­an people?"

AHMAD GHARABLI/AFP/Getty Images

 

James Verini is a writer in New York.

COMETLINEAR

11:12 PM ET

September 22, 2011

Why Americans overwhelmingly support Israel

No, it's not because of AIPAC, or Zionist conspiracies.

When mainstream Americans go to church on Sunday, they hear stories of the Israelites. For many of these mainstream Americans, no distinction is made; they consider Jews and Americans to be the same people.

And no wonder. The Ten Commandments are the basis of our legal system. We are descendants of the Judeo-Christian philosophy. People know that an uneducated Jew is nary to be found almost anywhere in the world, and if a person was lost in the desert and happened upon a group of Jews, he would be among friends.

They also see Israelis at the forefront of the same war we are fighting, against Islamofascism.
If AIPAC disappeared, no doubt the trolls on this board would find some other aspect of the Jewish community to despise. I'm very disappointed to learn how ignorant much of ForeignPolicy's readership really is, and I must give some consideration to spending my time writing any more of these comments. Perhaps I will let you lowlifes stagnate in your own sorry filth.

I do derive some solace from the knowledge that most of you lead unfulfilling lives, which is the only way to explain the constant stream of hate which you thrust upon us on an hourly basis.

I feel quite sorry for most of you, and hope you someday learn to love.

 

JOHNBOY4546

11:58 PM ET

September 22, 2011

You know, I don't mind smugness.....

..... but only when it is justified.

But the smug grin of the idiot?

Man, ain't that a winnin' look.......

 

FRED MERTZ72

10:28 AM ET

September 23, 2011

This is where the few have control over the many.

A fifth column is a group of people, like the Jewish Lobby(see: AIPAC, American Enterprise Institute) and Neocons Richard Pearle and Paul Wolfowitz, which clandestin­ely undermines a larger group to which it is expected to be loyal, such as America.

For 60 years Israel has played us for a fool. Israel thanks the stupid Americans who die in the Middle-Eas­t for Israel's land grab while they live better than most Americans.

All the time while Israel rakes in Billions of American foreign aid, or as I call it welfare, for their social medicine and subsidized housing on Palestinia­n land.

They sit on the beach at Tel Aviv and laugh at how stupid Americans are to fight their war for them.”

 

IDIOTPRAYER84

6:59 PM ET

September 23, 2011

American law based on the Ten Commandments?

Since when was America's legal system based in the Ten Commandments? Only two commandments are laws in America, "thou shalt not steal" and "thou shalt not kill." Secondly, there isn't anything in the Old Testament about trial by juries or an appeals process. The people of Israel didn't have any say in laws that were enforced unlike the US where the American people are the source of our laws. Moses didn't come down from Mt. Sinai with a tablet of suggestions that the Jews could accept, reject or amend. They're called commandments for a reason. Thankfully, modern government doesn't work that way. Democracy came from Ancient Greece and our founding fathers looked to Ancient Greece and Rome as a blueprint for our democracy. In what way is American law based on the Ten Commandments?

 

DICKERSON3870

12:01 AM ET

September 24, 2011

"let you lowlifes stagnate in your own sorry filth"~ COMETLINEAR

CHARLES DARWIN: "Ignorance more frequently begets confidence than does knowledge." - from the Introduction of Darwin's 1871 book, "The Descent Of Man"

 

LANDONCLOONEY

11:44 AM ET

October 18, 2011

This whole thing is very sad..

One of the main reasons why Americans support Israel versus supporting Islamic countries is because not only does Israel support us via lobbying, but also Americans just have more in common with Israel than the Islamic countries. Instead of pushing people who are different down, we should be using our resources to pick up other groups of people who are different and help make them our equal.

It's very close minded, but we humans have historically tended to side with people who are more similar to us.

Some day humans will learn to not hate or fear others just because they are different.

Sigh.

 

BRIGIDDA

12:06 AM ET

September 23, 2011

Palestine had been a region--not a state--on both sides of the J

The Romans had renamed the region "Palestina" as an insult to its overwhelmingly Jewish residents over 2000 years ago. The name "Palestina" means Philistine--none of which are PA Arabs. "Palestine" was not and is not a state.
Those who are currently demanding statehood via bid at the UN have not acquired its prerequisites, no matter how vehemently they may be predisposed

 

BRIGIDDA

12:41 AM ET

September 23, 2011

Exactly the point Mr. Verini: Hamas rules Gaza

Hamas rules Gaza and Abbas is afraid to visit. They are not about to reconcile. So who is supposed to lead the single state? Elections are overdue.

 

BRIGIDDA

12:41 AM ET

September 23, 2011

Exactly the point Mr. Verini: Hamas rules Gaza

Hamas rules Gaza and Abbas is afraid to visit. They are not about to reconcile. So who is supposed to lead the single state? Elections are overdue.

 

RMBRAUN01@GMAIL.COM

9:18 AM ET

September 23, 2011

The UN Charter (should) prevent a Palestinian State

The Palestinian Authority is seeking recognition as the sovereign state of Palestine. A sovereign state is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relationswith other sovereign states. It is also normally understood to be a state which is neither dependent on nor subject to any other power or state.

1) The Palestinian Authority does not exercise sovereignty over Gaza. It's where Hamas rules. After Hamas came to power in 2006

2) As a government, all of its elected officials are acting without legal authority because the terms for which they were elected have all expired. As a government, the PA has had virtual autonomy since 1992 when Israel withdrew most of its troops from the West Bank and Gaza. Israel controlled the borders and to a certain degree kept the PA from importing large caliber weapons. Yet they were not able to build a society without extensive foreign aid, and can not even to this day.

3) The PA has demonstrated that it cannot enter into relations with other sovereign states. Although the PA is legally obligated to stop hatred and incitement against Jews in the Oslo Accords, the opposite has taken place. It has repeatedly violated the terms of the Oslo accords with Israel by its continuous incitement of hatred against Jews and Israelis in its state controlled television and press; by training children as young as thirteen years old in summer camps to ambush Jews; to inspire children, even toddlers, to strap explosives themselves in order to kill Jews and Israelis. Over the years, the PA has launched thousands of terror attacks against Israel, over 450 in 2002 alone. The results of years of breeding hatred have created a culture where terrorists can slay a Jewish family in their sleep, and slit the throat of a 3 month old in their crib, and Palestinians celebrate by distributing candy.

These acts are also in violation of the 1949 "Draft Declaration on Rights and Duties of States" and demonstrate its incapacity or unwillingness to abide by the basic tenets of international law.
Article 3: Every State has the duty to refrain from intervention in the internal or external affairs of any other State.
Article 4: Every State has the duty to refrain from fomenting civil strife in the territory of another State, and to prevent the organization within its terri- tory of activities calculated to foment such civil strife.
Article 6: Every State has the duty to treat all persons under its jurisdiction with respect for human rights and fundamental freedoms, without distinction as to race, sex, language, or religion. - The PA has declared that there will be no Jews in Palestine.

The PA certainly doesn't meet three of the four requirements for sovereignty nor will it abide by at least three of the Articles in the "Draft Declaration on Rights and Duties of States". But there's another issue, at least as important, and that's a moral one.

Palestinians celebrated 9/11 with candy, gunfire and cheers. Palestinians similarly celebrated the murder of an Israeli family of four, including a three month old baby whose throat was slit. The Protocols of Zion, the anti-Semitic fantasy, has long been a best seller among them. Before the latest Mickey Mouse knockoff on Hamas TV teaching toddlers to blow themselves up in order to kill Jews, the Palestinian "Children's Hour" offered the same fare. And a taste of the Friday mosque sermons would make you vomit.

Palestinians want the destruction of Israel, not a two state solution, the fig leaf offered to cover this UN action. Destruction is explicitly stated in the Charter of Hamas, now part of the Palestinian National Authority and also tacitly the foundation of the Palestinian Authority under Mahmoud Abbas. In December 2006, Ismail Haniyeh, Prime Minister of the PA, declared that the PA will never recognize Israel: "We will never recognize the usurper Zionist government and will continue our jihad-like movement until the liberation of Jerusalem." Hamas co-founder Mahmoud Al-Zahar's criticism of Abbas underscores a major Israeli concern – that Abbas is trying to hoodwink the international community into believing the PA will agree to co-exist with Israel knowing full well Hamas is waiting in the wings.

Then there's Gaza. After Israel uprooted its own citizens and left Gaza in 2005, Palestinians focused their attention on continuing the war instead of building a civil society. More rockets fell on Israel than before. As a gesture of good will, American Jews provided $14 million worth of new greenhouses to supplement the ones Israel left behind that already provided 20% of Israel's agriculture, worth $75 million annually. After Israel's withdrawal, Palestinians pillaged and destroyed over 800 of the 4,000 or so greenhouses. And of course they torched the abandoned Synagogues.

As a lesson to be learned about the prospects of a Palestinian state, until Israel's Operation Cast Lead at the end of 2008, 1,750 rockets and 1,528 mortar bombs fired from the Gaza Strip struck southern Israel. Mercifully, there were relatively few casualties but the impact of the daily barrage of rockets was debilitating. The tactics are termed "terrorism" for a reason. Studies have documented an entire generation of children traumatized by the terror of rocket strikes and the helplessness of adults to ensure their safety. You can see videos on the web of parents and school children fleeing with only three minutes to find shelter. And to think that Israel continued to provide electricity to Gaza during Operation Cast Lead while Hamas was using the electricity to make rockets and mortars for use against Israeli civilians.

In 2006, a majority of Palestinians in Gaza voted for Hamas which campaigned on a pledge of clean government and of seeking Israel's destruction, and passed over other political parties which also pledged clean government but also peace with Israel. While those other parties were weak (Independent Palestine and The Third Way garnered only 16% of the vote), one could surmise that if peace were the popular sentiment, they might have made a better showing, or another stronger party would have emerged. The voters knew the consequences but made their choice anyway, and indeed it led to an international boycott of Hamas. Especially the EU's blaming the US and Israel for the results only infantilizes the Palestinian polity. A majority of Palestinians and Hamas still harbor the deluded dream of destroying Israel, a fact no apologist can erase. A 2009 report by the Palestinian Center for Policy & Survey Research noted that the level of support for armed attack against Israeli civilians inside Israel was 67% supporting and 31% opposed by all Palestinians.

By contrast, Israel has created a thriving democracy with its Arab and other minorities fully participating. Eleven Arabs are members of the Knesset, judges and even Israel's miss universe contestant. Israel's scientists have been awarded five Nobel prizes in medicine, science and economics. It has sent medical teams to Indonesia and Haiti to help victims of natural disasters. It has made the desert flourish and shared their know how with the world.

So if the Palestinians deserve a state on par with Israel, is there no depravity that would deny a petitioner for statehood, or are the depraved exonerated by having Israel and Jews as targets?

The UN cannot confer statehood to the Palestinians without violating its own charter and international law. To do so would only impair its own legitimacy and embolden those who seek to destroy Israel. It won't work, of course, even though Israel might pay a heavy price. But maybe that's the UN's goal. In any case, as Eric Hoffer said in 1968 "I have a premonition that will not leave me; as it goes with Israel so will it go with all of us. Should Israel perish the holocaust will be upon us.

 

MARJORIER

3:14 PM ET

September 23, 2011

The Palestinian Bid for Statehood at the U.N.

Re "The UN Charter Should Prevent a Palestinian State," by RMBRAUN, BRAVO! BRAVO! BRAVO!

Those who think differently should read Article 80 of the UN Charter, which the UN will be violating if it declares a Palestinian State on territory allotted the Jews by the 1922 League of Nations Mandate for Palestine. While you're at it, also read the 1920 San Remo Resolution which preceded the Mandate and the 1924 Anglo-American Treaty by which the United States signified its agreement with the terms of the Mandate. All these documents are easily findable on the Internet.

If you want still more reading so that you can understand what "national home" and "in Palestine" mean in the Mandate for Palestine and how this language was arrived at, read Howard Grief on "Israel's Legal Foundation, Borders, and Rights to the Land of Israel under International Law" at http://justicenow4israel.com/grieflecture1.html.

There are two more sources of information you should consult: Ami Isseroff's "The Land Question in Palestine" (http://www.zionism-israel.com/dic/Land_question_in_Palestine.htm), which indicates who owned what land in Palestine, with careful attention to the Ottoman land system (which Israel has preserved), and a map of the Middle East that shows the size of Israel vs. Arab/Muslim states (www.masada2000.org/geography.html).

Chaim Weizmann said, "We will take a state even if it's the size of a tablecloth." If the land mass covered by 22 Arab states and 56 Muslim states is a house, then the land mass covered by the Jewish State of Israel within the green lines is indeed a tablecloth.

Arab terrorism against Jews in the Holy Land began in 1920, long before the birth of Israel in 1948 and even longer before the 1967 War in which Israel regained lost Mandate territory. When Abbas speaks of a 63-year occupation, he's not just speaking of the occupation of the West Bank. He's speaking of the occupation of Israel within the green armistice lines by Jews who were supposed to be encouraged to settle closely on all the land in Palestine as per the Mandate!

Rational people shouldn't let Abbas get away with this. After all the years of rock throwing, stabbings, shootings, suicide bombings, rockets, and missiles, don't the Jewish people at least deserve a state, a cessation of terror and incitement, and defensible borders?

 

JOHNBOY4546

1:56 AM ET

September 24, 2011

Dude, a state is a state when....

..... the other states say "Yeah, you are a state".

So if the UN General Assembly holds a vote on the question "Palestine: state or territory?" and it overwhelming votes "It's a state, stoopid" then - so sorry - it's a state, stupid.

And you can stoooopidly give all the reasons that you can muster why it ain't a state, and it's all pointless: if the states of the world say "It's a state" then - duh! - it is a state.

 

JOHNBOY4546

2:01 AM ET

September 24, 2011

"so that you can understand what "national home"

Sheesh. The year was 1921. The concept of "a state" was well understood by everyone, and nobody had any idea what "a national home" meant precisely because the latter phrase was a bit o' made-up fancy.

So it's pretty obvious that if the British had intended Palestine to be "a Jewish state" then they would have described "a Jewish state".

They didn't, they described "a Jewish national home" instead.

Which alone does rather shoot your argument down in flames, does it not?

 

JOHNBOY4546

2:47 AM ET

September 24, 2011

"should read Article 80 of the UN Charter"

You would do very well to follow your own advice.

Article 80 says what is says, and what is says is this: the transfer of a LoN Mandate to a UN Trustee affects only those terms that are negotiated between Mandatory and Trustee, and can not be construed to alter in any way any OTHER rights that may exist outside of the terms of Mandate.

That is indeed a very sensible provision, precisely because if reassures everyone that the transfer of a Mandate to a Trustee can not be used as a backdoor way of stripping anyone of their rights.

But note these two points:
1) The Mandate for Palestine was never transferred over to a UN Trustee, and so Article 80 is moot.

2) Even if we ignore (1) it is nonetheless true that the Jewish right to "close settlement" was NEVER a right that existed outside of the terms of Mandate, and so Article 80 is.... moot i.e. if the "right" to "close settlement" was granted via the articles of Mandate (and it was) then NOTHING that is written into Article 80 prevented this Mandatory from altering those articles.

This Mandator did indeed alter those articles of Mandate. It did so when it took the Partition Plan to the UN General Assembly and asked: Do I Have Your Consent To This Plan?

 

MARJORIER

6:21 PM ET

September 24, 2011

Reply to Johnboy 4546

You need to read the Howard Grief article I referenced. It explains that it was the Zionist leadership that chose "national home" instead of state and also "in Palestine." You will then understand why these terms were chosen and will be able to read also some history as to what they meant to the British. Grief gives all his sources.

You should also re-read Article 80 of the U.N. Charter. You are misunderstanding the meaning of it.

 

MARJORIER

8:34 PM ET

September 24, 2011

Another Reply to Johnboy 4546

http://israelinsider.net/profiles/blogs/attorneys-tell-un-unilateral

Attorneys tell UN: Unilateral Declaration of Palestinian State would be Illegal

• Posted by Israel Insider on May 30, 2011 at 1:00am
• View Blog

Dozens of Attorneys from Israel and North America in a letter to UN Secretary General explain why the unilateral decision to establish a Palestinian State violates international law

Late last week, dozens of attorneys and experts in international law appealed to United Nations Secretary General, Ban Ki-Moon to prevent the General Assembly resolution recognizing a Palestinian state within the 1967 borders, on the grounds that it violates of international law and contravenes previous United Nations resolutions.

Notable among the signatures were those of Dr. Alan Baker, former legal advisor to the Foreign Ministry and former Ambassador to Canada; Dr. Meir Rosenne, also former legal advisor to the Foreign Ministry, former Ambassador to the United States and one of the principal framers of the Camp David accords; Professor Talia Einhorn, Professor Eliav Shochetman, and Legal Forum Attorney Yossi Fuchs who initiated the letter.

His Excellency Ban Ki-Moon,
Secretary-General of the United Nations,

1st Avenue & 44th St., New York, NY 10017

May 25, 2011

Excellency,

Re: The proposed General Assembly resolution to recognize a Palestinian State "within 1967 borders"- an illegal action

We, the undersigned, attorneys from across the world who are involved in general matters of international law, as well as being closely concerned with the Israeli- Palestinian dispute, appeal to you to use your influence and authority among the member states of the UN, with a view to preventing the adoption of the resolution that the Palestinian delegation intends to table at the forthcoming session of the General Assembly, to recognize a Palestinian state "within the 1967 borders".

By all standards and criteria, such a resolution, if adopted, would be in stark violation of all the agreements between Israel and the Palestinians, as well as contravening UN Security Council resolutions 242(1967) and 338(1973) and those other resolutions based thereon. Our reasoning is as follows:

1. The legal basis for the establishment of the State of Israel was the resolution unanimously adopted by the League of Nations in 1922, affirming the establishment of a national home for the Jewish People in the historical area of the Land of Israel. This included the areas of Judea and Samaria and Jerusalem, and close Jewish settlement throughout. This was subsequently
affirmed by both houses of the US Congress.

2. Article 80 of the UN Charter determines the continued validity of the rights granted to all states or peoples, or already existing international instruments (including those adopted by the League of Nations). Accordingly the above-noted League resolution remains valid, and the 650,000 Jews presently resident in the areas of Judea, Samaria and eastern Jerusalem, reside there legitimately.

3. "The 1967 borders" do not exist, and have never existed. The 1949 Armistice Agreements entered into by Israel and its Arab neighbors, establishing the Armistice Demarcation Lines, clearly stated that these lines "are without prejudice to future territorial settlements or boundary
lines or to claims of either Party relating thereto". Accordingly they cannot be accepted or declared to be the international boundaries of a Palestinian state.

4. UN Security Council Resolutions 242 (1967) and 338 (1973)called upon the parties to achieve a just and lasting peace in the Middle East and specifically stressed the need to negotiate in order to achieve "secure and recognized boundaries".

5. The Palestinian proposal, in attempting to unilaterally change the status of the territory and determine the "1967 borders" as its recognized borders, in addition to running squarely against resolutions 242 and 338, would be a fundamental breach of the 1995 Israeli-Palestinian agreement on the West Bank and the Gaza Strip, in which the parties undertook to
negotiate the issue of borders and not act to change the status of the territories pending outcome of the permanent status negotiations.

6. The Palestinians entered into the various agreements constituting what is known as the "Oslo Accords" in the full knowledge that Israel's settlements existed in the areas, and that settlements would be one of the issues to be negotiated in the permanent status negotiations.
Furthermore, the Oslo Accords impose no limitation on Israel's settlement activity in those areas that the Palestinians agreed would continue to be under Israel's jurisdiction and control pending the outcome of the Permanent Status negotiations.

7. While the Interim Agreement was signed by Israel and the PLO, it was witnessed by the UN together with the EU, the Russian Federation , the US, Egypt and Norway. It is thus inconceivable that such witnesses, including first and foremost the UN, would now give license to a measure in the UN aimed at violating this agreement and undermining major resolutions of the Security Council.

8. While the UN has maintained a persistent policy of non-recognition of Israel's sovereignty over Jerusalem pending a negotiated solution, despite Israel's historic rights to the city, it is inconceivable that the UN would now recognize a unilaterally declared Palestinian state, the borders of which would include eastern Jerusalem. This would represent the ultimate in hypocrisy, double standards and discrimination, as well as an utter disregard of the rights of Israel and the Jewish People.

9. Such unilateral action by the Palestinians could give rise to reciprocal initiatives in the Israeli Parliament (Knesset) which could include proposed legislation to declare Israel's sovereignty over
extensive parts of Judea and Samaria, if and when the Palestinians carry out their unilateral action.

Excellency,

It appears to be patently clear to all that the Palestinian exercise, aimed at advancing their political claims, represents a cynical abuse of the UN Organization and of the members of the General Assembly. Its aim is to by-pass the negotiation process called-for by the Security Council.

Regrettably this abuse of the UN and its integrity, in addition to undermining international law, has the potential to derail the Middle-East peace process.

We trust that you will use your authority to protect the UN and its integrity from this abuse, and act to prevent any affirmation or recognition of this dangerous Palestinian initiative.

Sincerely,

Ambassador (Ret) Attorney Baker Alan, Ambassador (Ret) Dr. Rosenne Meir, Dr. Arnon Harel. Adv., Prof. Einhorn Talia, Prof. Shochetman Eliav, Abu Lior, Adv., Asraf Shlomo, Adv. (LL.B, LL.M)
Baba-Nahary Merav, Adv., Benjamin Aryeh N., Adv. LL.M Ben-Shahar Meir, Adv. LL.B, LL.M
Bulshtein Ariel, Adv., Burstyn Yitzhak .adv LL.M, Carmi Anat, Adv. Cohen Hila, Adv. Daniely Mirit, Adv., David Liat, Adv. (LL.B, LL.M), Dermer Yossi, Adv., Eagle Shira, Adv. Eisenberg M., Adv Elad Cohen, Adv., Elkalay Shimrit, Adv., Friedman Shlomo, Adv., Fuchs Yossi ,Adv., Ganan Yuval. Adv. Goelman Avinoam, Adv. Goldman Ezra Adv., Guggenheim Chanania U., Adv Hacohen Itay, Adv. Harshoshanim Ariel, Adv., Hershkovitz David, Adv. LL.M Jarden Elon ,Adv., Kavatz Gad, Adv., Koslowe Avital Adv. (LL.B, LL.M) Lapidot Harel, Adv., Lapidot Ohad Ziv, Adv., Levy Yechezkel, Adv. LL.M. Magen Alon, Adv. LL.B, Meiri Eddy, Esq. Morginstin Philip B.,Adv Nadel Gill, Adv., Naor Avi, Adv., Nimni Eliyahu, Adv. Nir-Tzvi Doron, Adv. Orbach Nir, Adv., Peretz Yitzhak, (LLB, Hons.) Adv. Rotenberg Zvi E. ,Adv., Shaya Dotan, Adv., Shimon Yehuda Arye, Adv. Shmuelyan Eli, Adv., Tamari Amir, Adv., Tamari Ilana, Adv., Teplow Michael I., J.D adv. Vaknin Emanuel, Adv., Weistuch Elad, Adv. Wiseman Gabriel, Adv. Yamin Uri, Adv., Zell Mark, Adv.

 

JOHNBOY4546

2:13 AM ET

September 25, 2011

"You need to read the Howard Grief article I referenced."

No, I'm talking to YOU.

If I want to talk to Howard Grief then I will talk to Howard Grief.

I'm not: I'm talking to YOU.

Now, do me the favour and talk back.

The Mandate for Palestine was written in the early 1920's, and in the early 1920's E.V.E.R.Y.B.O.D.Y. understood that "a state" was, while N.O.B.O.D.Y. understood what "a national home" was.

So if the Principal Allied Powers had intended Palestine to be a Jewish State then they would have described "the Jewish state OF Palestine", they would not have described "a Jewish national home IN Palestine".

They Chose The Latter, Even Though There Was Nothing Stopping Them From Choosing The Former.

How odd, heh?
And how unfortunate for you argument.

 

JOHNBOY4546

2:18 AM ET

September 25, 2011

An list of names that begs an obvious question.....

Well worth repeating that list before asking that question....
"Ambassador (Ret) Attorney Baker Alan, Ambassador (Ret) Dr. Rosenne Meir, Dr. Arnon Harel. Adv., Prof. Einhorn Talia, Prof. Shochetman Eliav, Abu Lior, Adv., Asraf Shlomo, Adv. (LL.B, LL.M) Baba-Nahary Merav, Adv., Benjamin Aryeh N., Adv. LL.M Ben-Shahar Meir, Adv. LL.B, LL.M Bulshtein Ariel, Adv., Burstyn Yitzhak .adv LL.M, Carmi Anat, Adv. Cohen Hila, Adv. Daniely Mirit, Adv., David Liat, Adv. (LL.B, LL.M), Dermer Yossi, Adv., Eagle Shira, Adv. Eisenberg M., Adv Elad Cohen, Adv., Elkalay Shimrit, Adv., Friedman Shlomo, Adv., Fuchs Yossi ,Adv., Ganan Yuval. Adv. Goelman Avinoam, Adv. Goldman Ezra Adv., Guggenheim Chanania U., Adv Hacohen Itay, Adv. Harshoshanim Ariel, Adv., Hershkovitz David, Adv. LL.M Jarden Elon ,Adv., Kavatz Gad, Adv., Koslowe Avital Adv. (LL.B, LL.M) Lapidot Harel, Adv., Lapidot Ohad Ziv, Adv., Levy Yechezkel, Adv. LL.M. Magen Alon, Adv. LL.B, Meiri Eddy, Esq. Morginstin Philip B.,Adv Nadel Gill, Adv., Naor Avi, Adv., Nimni Eliyahu, Adv. Nir-Tzvi Doron, Adv. Orbach Nir, Adv., Peretz Yitzhak, (LLB, Hons.) Adv. Rotenberg Zvi E. ,Adv., Shaya Dotan, Adv., Shimon Yehuda Arye, Adv. Shmuelyan Eli, Adv., Tamari Amir, Adv., Tamari Ilana, Adv., Teplow Michael I., J.D adv. Vaknin Emanuel, Adv., Weistuch Elad, Adv. Wiseman Gabriel, Adv. Yamin Uri, Adv., Zell Mark, Adv."

Now, here is thequestion:
Q: Those listed all share TWO attributes. One is that they are all lawyers. Can you name the second thing that those legal eagles share in common?

It shouldn't take you long, because their names give the game away.......

 

TARQUINIS

10:02 AM ET

September 23, 2011

Zionism: Time is nearly up

For forty some years, I wrote the editors and more recently blogged, that Israel needs a just, sustainable, and mutually agreed peace with the Palestinians to long survive. A temporary military superiority and dependence upon the US for categorical support, well history shows these things come and go.

COMETLINEAR, as a typically ardent Zionist poster, finds great emotional disturbance in such a position. He writes: "I do derive some solace from the knowledge that most of you lead unfulfilling lives, which is the only way to explain the constant stream of hate which you thrust upon us on an hourly basis."

So apparently, if we had fulfilling lives, there would be no valid basis for objection to unending war in the middle east. Being mere hater and all. This is simply self-delusional.

As a FACTUAL matter (see below) it is highly dubious there now can ever be a peaceful settlement.

1) The two state solution is foreclosed by forty years of illegal annexations and forced colonization of the West Bank. This process continues apace. This solution is infeasible now. See a map of the settlements.

2) The one state solution (unitary democratic and non-sectarian) confronts the issue of an absolute political sovereignty based on race. A "Jewish" state. A master race. This is clearly a racist formulation. The Palestinians from whom the land was stolen, they should not have equal rights in a one state solution? Just why exactly? Not “chosen” by Jehovah?

3) An Apartheid solution cannot be sustained. The second class conditions of Palestinians within Israel proper, denied such as building permits and sewer connections or employment on an equal basis, with homes subject to arbitrary demolition for new "settlements" etc., the third class conditions of those in the West Bank, penned in like animals by vast concrete walls, whose vehicles are subject to immediate and non-recourse confiscation if they even drive on the roads, and the fourth class conditions of those unfortunates in the Gaza ghetto, subject to white phosphorous bombing and mass death and devastation as in Operation Cast Lead, all of this just cannot be sustained. To any but a Zionist, this is clearly an Apartheid state.

4) The “population transfer” solution in Zionist speak (expulsion of millions of Palestinians to Jordan at the point of a bayonet) is simply not feasible either. No solution there.

5) The Palestinian cause and demands for justice, including the same right of return that the Jews maintain, has the full backing of a quarter of all humanity, being the entire Muslim world, and much of the rest. The de-legitimization of Israel continues apace.

6) All the vast military power and all the nuclear weapons of Israel are useless to resolve this impasse. The cancer is internal, political, economic, demographic, and is growing.

It appears to me and many, that the only thing that could break this impasse would be the formal recognition of the State of Palestine in the United Nations. Palestine would then have standing for bring such as Israeli Apartheid to the ICC in the Hague.

We shall see how this plays out.

 

GARFI

10:36 AM ET

September 23, 2011

For 60 years Israel has played us for a fool.

A fifth column is a group of people, like the Jewish Lobby(see: AIPAC, American Enterprise Institute) and Neocons Richard Pearle and Paul Wolfowitz, which clandestin­ely undermines a larger group to which it is expected to be loyal, such as America.

For 60 years Israel has played us for a fool. Israel thanks the stupid Americans who die in the Middle-Eas­t for Israel's land grab while they live better than most Americans. porno day

All the time while Israel rakes in Billions of American foreign aid, or as I call it welfare, for their social medicine and subsidized housing on Palestinia­n land.

They sit on the beach at Tel Aviv and laugh at how stupid Americans are to fight their war for them.”

 

COMETLINEAR

10:56 AM ET

September 23, 2011

Why did you need to post this twice?

Especially for a post loaded with hyperbole and completely unsupported facts.

More evidence that Israel haters are an obsessed, pitiable lot.

 

JBIRDMENJ

12:25 PM ET

September 23, 2011

Fifth Column

I am an American and have donated to AIPAC. I believe that supporting Israel is in the interest of the USA and has benefited the USA. Who the #@$ are you to define what positions are pro-American and which are anti-American? Most American's find it easy to support Israel because they remember when the Arabs (multiple times) rejected UN resolution 181 and attacked Israel militarily, saying that they were going to "push the Jews into the sea"

 

JBIRDMENJ

12:30 PM ET

September 23, 2011

Jewish rights

It is interesting that most arguments made by the commenters here against Israel reject the existence of Israel entirely, rather than just the absence of an Arab state in Palestine existing next to Israel. BTW, after a Palestinian state comes into existence, there will be no Jewish right of return to the Palestinan state; similarly, there should be no Arab right of return to what will be Israel post-peace treaty.

This is not, and has never been, about a Palestinian state in the occupied territories, or about Jewish setttlements in those territories. The comments prove it.

 

DCWMARK

1:39 PM ET

September 23, 2011

Sould China take over the "China Towns" all over the world?

In Chinese, we have a saying, if the foundation is crooked, the building can never be straight.

The Jewish people have been living in their traditional HOMELAND for 6000 years.

Then a few hundreds years ago, arab start to squat in parts of Greater Israel.

And now they want to claim squatters’ rights?!?!?!

It’s like Chinese living in “China Town” all over the world want to make each and every “China Town” in each and every country to be part of the Red China!

And there are people who would support this?!?!?!

The only reason I can think of is -- anti-Semitism!!!!

 

DIANA RELKE

5:56 PM ET

September 23, 2011

Excellent article.

"It's often said that Palestine defines the United Nations as much as any other issue. That's incorrect. No other issue comes close."

I never thought of the UN that way, but of course it makes perfect sense. It explains all those (ignored) UN resolutions on Israel -- an attempt to bring back under international control the monster of its own making.

Thanks to the US, which ignores international law when it can't get its way, and Israel that ignores international law, period, the reputation of the UN has taken a beating. But what Americans don't seem to understand that it's almost exclusively in the eyes of Americans and Israelis that the UN is regarded as either irrelevant or dangerous.

The rest of us regard it as essential and are often reminded that the UN was supposed to be a 100-year experiment. However, Israel and the US don't want to wait that long to "throw it under the bus," as Americans like to say these days.

 

MARJORIER

7:24 PM ET

September 25, 2011

Reply to Johnboy 4546

JOHNBOY, I am neither a lawyer nor a historian. However, I have taken the trouble to read the work of historians and the opinions of international law experts in this matter. You are giving your opinion. You are entitled to have an opinion. But there's a difference between an opinion and an informed opinion. I have given you sources whereby you might become informed. You don't seem to be informed about the history of the Israeli-Arab conflict, the history of the 1922 League of Nations Mandate for Palestine and how certain word choices came about or what the British had in mind (which was eventual statehood for the Jews in the form of a Jewish commonwealth on all the land in Palestine), or the fact that in the period prior to the British resigning their Mandate and turning it over to the U.N. the British didn't amend or abrogate the Mandate for Palestine. The Mandate was a trust, in fact "a sacred trust," as you will discover if you read it. The benefits given to a beneficiary under a trust end only when the beneficiary has received those benefits or agrees to a change in the terms of the trust. (You can read Eugene Rostow or Douglas Feith or Julius Stone on the legality of the Israeli settlements and come to an understanding of this. You can also read or listen to Jacques Gauthier. Julius Stone was not Jewish, and neither is Jacques Gauthier.)

Because there was terrific conflict between the Arabs and the Jews of Palestine, with Arab terrorism against the Jews there having been instigated in 1920 by Haj Amin al-Husseini, who was later a great friend of Adolph Hitler's, the U.N. General Assembly subsequently proposed a plan to partition what was left of Palestine (the British had lopped off both Transjordan, later Jordan, and the Golan from the original territory mandated to the Jews) between the Jews and the Arabs. This was embodied in Resolution 181 of 1947. But General Assembly resolutions aren't binding and thus function only as recommendations. Only Security Council Resolutions are binding. Thus, Resolution 181 required the agreement of both affected parties--Arabs and Jews--in order to become effective. The Jews indicated they would agree, but the Arabs rejected the Partition Plan and attacked the Jews in Palestine instead. This effectively invalidated partition, which never took place. Because of this, the Mandate for Palestine is still the legally valid document.

Even if it were not, the 1967 War in which Israel regained Gaza and the Sinai from Egypt, the West Bank from Jordan, and the Golan from Syria required a peace treaty with Egypt, Jordan, and Syria (the agressor nations in that war), in order for Israel to return territories it had captured defending itself. But when Israel offered to return most of the captured territory in exchange for peace, the Arab League issued its Khartoum Resolution: no peace with Israel, no recognition of Israel, no negotiations with her. When Egypt made peace with Israel in 1979, Israel gave back to Egypt the entire Sinai. Egypt didn't want Gaza; but Israel has now left Gaza, in any case. By the time Jordan finally made peace with Israel, Jordan didn't want the West Bank back. King Hussein had already had his own sad experience with the Palestinian Arabs. (Read about the Black September revolt if you don't know about this.)

If the Palestinian Arabs want some of the West Bank for a state of their own, they need to negotiate a peace treaty with Israel, not do an end run at the U.N. in which they ask for a state on the "1967 borders," which aren't borders anyway but merely armistic lines agreed to at the end of the war that ensued when, the day afte declaring their state, Israel was invaded by 5 Arab neighbors intent in driving the Jews into the sea! U.N. Resolution 242 calls for the return of "territories" taken in that war but not "the" territories or all territories. It also calls for secure and recognized borders for Israel. A secure border wouldn't mean Israel's going back to a boundary that makes that country only 9 miles wide at a crucial point! Again, I urge you to look at a map.

Marjorie

 

JOHNBOY4546

7:52 AM ET

September 26, 2011

"or what the British had in mind"

Look, Marjorie, here is a concept that even a non-lawyer can understand: Great Powers like Britain in the 1920s followed a very simple dictum: they meant what they said, and they said what they meant.

They had very little reason to do otherwise, and plenty of reasons to do so.

Howard Grief of the Blessed Article gave examples that *he* claimed spelt out what the British meant when they said "a Jewish national home IN Palestine", and why *he* insisted that this meant "the Jewish state OF Palestine".

Now, with that in mind re-read the British quotes that he claims backed up his argument, and what you will see is that he is forced to play a crude sleight-of-hand.

It works like this:
1) The British created "a Jewish national home in Palestine"
2) They did so in the *expectation* that this would lead to a decisive Jewish majority
3) At which point the British assumed - quite naturally - that Palestine would become "a Jewish state"

The sleight-of-hand that Grief employed is obvious i.e. if the expection in (2) was never met then AS FAR AS THE BRITISH WERE CONCERNED a necessary condition that would turn Palestine into a "Jewish state" was also not met, and so Palestine would not become a Jewish state.

That condition was never met: indeed, the Jewish Agency's efforts were so dismal that the British had to actually split the Mandate into two in order to carve out a chunk where the Jews would have a majority (and even then not overwhelmingly, but by a 60/40 split).

In short: Grief insists on making a leap of logic
from
"a Jewish national home IN Palestine"
to
"a Jewish state OF Palestine"
when that leap was always conditional.

Which meant that he had to ignore the fact - and it is a fact - that this condition (i.e. a Jewish majority) was never met.

 

URGELT

4:00 AM ET

September 26, 2011

Waiting Game

The salient question has never been, "does Palestine have a right to nationhood?"

It has always been, "Does Israel have a right to nationhood?"

The psychological vulnerability felt by Israelis stems from this central question.

There is no precedent for what happened in 1947, just as there was no precedent for the extreme atrocity of the holocaust. The UN ventured into absolutely new territory: stripping the rights of residents of the British Protectorate of Palestine to compensate a scattered people united by tragedy, a religion and an ancient heritage.

Did Zionism win a great victory for the Jewish people in 1947? Or did the establishment of the state of Israel only set the stage for yet more atrocity?

The answer is unfolding in slow motion: wars which fail to solve the conundrum of two peoples laying claim to one land; ineffective diplomatic efforts; fear, loathing, hatred, and rage; persecution; terrorism; suffering and death.

It's a waiting game. It has been from the beginning in 1947, when American power was at its zenith. Slowly, slowly, American power is waning. Not its military might, not at first; but its political influence, its ability to shape events, the mounting debt associated with its far-flung and shaky empire, its waning will to dominate affairs in the Middle East, its increasing focus on affairs at home.

The US supports Israel. But that support is shaky, dependent upon lobbyists and corruption running roughshod over an ambivalent citizenry. This support has granted to Israel the military might to defy its many enemies and keep the question of its existence unanswered. But for how much longer?

America is in retreat. The Iraqi affair handed a great victory to Iran and expanded its sphere of influence; I suspect Afghanistan will end much as Viet Nam ended, with the last Americans fleeing the country in panic. In time, America's far-flung military will have to be brought home, owing to America's tremendous debt and continued deficit spending, which will produce a great and existential crisis of its own.

In time, if it hopes to exist, Israel will have to find a new game plan. The old one is slowly, gradually failing. But what can they do? Reconciliation is impossible. A single-state solution is impossible. A two-state solution is no solution, only a waypoint in History's sad narrative of an unprecedented political experiment gone awry. The Palestinians want it all, they are convinced it is their right to have it all, and they have durable friends. Israel's sole friend is shaky and its power is waning. All the Palestinians have to do is to keep pushing and endure.

The main objection of the US and Israel to a Palestinian state (at this juncture) is logical, though futile. The more autonomy Palestinians have, the less will be Israel's ability to prevent them from amassing arms and ammunition for the inevitable final clash. But it's a minor question, really. The Palestinians alone cannot dislodge the Israelis from Palestine. So long as the US is strong enough and stands by Israel, Israel cannot be defeated by military means. But when the US is no longer there to prop up Israel, it won't be long - a few years at most - before Egypt, Syria, and other Middle Eastern nations answer the call from Palestinians to shape a brand-new final solution. How many arms the Palestinians have on that day won't much affect the outcome.

And, yes, the conflict may go nuclear. We tend to presume that nuclear arms are a deterrent, and they are - if the actors are rational. Rage has a way of undermining the rational, alas, and in the cauldron of that final conflict, rationality will be entirely absent.

It all reminds me of Clint Eastwood's best film, "Unforgiven," in which absolutely nobody in the entire film forgives anyone else, with tragic results for everyone.

 

HUMANCITIZEN

9:02 PM ET

September 26, 2011

Read More

A youth's perspective on Palestine's bid for statehood.

http://humancitizenhome.blogspot.com/

 

DENNIS59

11:53 AM ET

September 28, 2011

Israel started the 1967 War

I must correct as statement made in the post by Majorieron 9/25/11 at 8:24 pm. Israel started the 1967 war and so as the agressor, it cannot keep any territory gained in that war according to international conventions. Also some claim that Israel is violating the conditions it agreed to when the UN recognized it as a member state. See below for sources for my comments:
-------------------------------------------------------

Source: http://ifamericansknew.org/history/origin.html
Compiled, Edited, and Published by
Jews for Justice in The Middle East

The 1967 War and the Israeli Occupation of the West Bank and Gaza

Did the Egyptians actually start the 1967 war, as Israel originally claimed?
“The former Commander of the Air Force, General Ezer Weitzman, regarded as a hawk, stated that there was ‘no threat of destruction’ but that the attack on Egypt, Jordan and Syria was nevertheless justified so that Israel could ‘exist according the scale, spirit, and quality she now embodies.’...Menahem Begin had the following remarks to make: ‘In June 1967, we again had a choice. The Egyptian Army concentrations in the Sinai approaches do not prove that Nasser was really about to attack us. We must be honest with ourselves. We decided to attack him.’“ Noam Chomsky, “The Fateful Triangle.”

Was the 1967 war defenisve? — continued

“I do not think Nasser wanted war. The two divisions he sent to The Sinai would not have been sufficient to launch an offensive war. He knew it and we knew it.” Yitzhak Rabin, Israel’s Chief of Staff in 1967, in Le Monde, 2/28/68

Moshe Dayan posthumously speaks out on the Golan Heights

“Moshe Dayan, the celebrated commander who, as Defense Minister in 1967, gave the order to conquer the Golan...[said] many of the firefights with the Syrians were deliberately provoked by Israel, and the kibbutz residents who pressed the Government to take the Golan Heights did so less for security than for the farmland...[Dayan stated] ‘They didn’t even try to hide their greed for the land...We would send a tractor to plow some area where it wasn’t possible to do anything, in the demilitarized area, and knew in advance that the Syrians would start to shoot. If they didn’t shoot, we would tell the tractor to advance further, until in the end the Syrians would get annoyed and shoot.
And then we would use artillery and later the air force also, and that’s how it was...The Syrians, on the fourth day of the war, were not a threat to us.’” The New York Times, May 11, 1997
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Source: http://en.wikipedia.org/wiki/United_Nations_General_Assembly_Resolution_273
United Nations General Assembly Resolution 273 was passed on May 11, 1949 to admit the State of Israel to membership in the United Nations. This Resolution is often cited by left wing commentators and critics[citation needed] as making Israel's admission to the UN conditional upon implementation of Resolutions 181 of November 29, 1947 and 194 of December 11, 1948 (see paragraph 5 of the Resolution, below).
Full text
Having received the report of the Security Council on the application of Israel for membership in the United Nations,
Noting that, in the judgment of the Security Council, Israel is a peace-loving State and is able and willing to carry out the obligations contained in the Charter,
Noting that the Security Council has recommended to the general Assembly that it admit Israel to membership in the United Nations,
Noting furthermore the declaration by the State of Israel that it "unreservedly accepts the obligations of the United Nations Charter and undertakes to honour them from the day when it becomes a member of the United Nations,"
Recalling its resolutions of 29 November 1947 and 11 December 1948 and taking note of the declarations and explanations made by the representative of the Government of Israel before the Ad Hoc Political Committee in respect of the implementation of the said resolutions,
The General Assembly,
Acting in discharge of its functions under Article 4 of the Charter and rule 125 of its rules of procedure,
1. Decides that Israel is a peace loving State which accepts the obligations contained in the Charter and is able and willing to carry out those obligations;
2. Decides to admit Israel to membership in the United Nations.

 

ANAN

9:28 PM ET

October 4, 2011

Israel fails to acknowledge the statehood of Palestine

Israel and its allies cannot turn a blind-eye to the Palestine’s physically tangible existence as a unified community within defined geographical parameters for long. Israel fears that, it’s recognition of Palestine as a state will impede the peace process initiated by the Oslo accord. In the way anti inflammatory curb the inflammation in the body, it should acknowledge the problem and treat it deliberately rather than pretending to ignore it even when the problem has started eroding its internal peace and international image. Israel cannot rewrite history just by ignoring a state full of people!

 

YARINSIZ

6:00 PM ET

October 18, 2011

Those who think differently

Those who think differently should read Article 80 of the UN Charter, which the UN will be violating if it declares a Palestinian State on territory allotted the Jews by the 1922 League of Nations Mandate for Palestine. seslichat While you're at it, also read the 1920 San Remo Resolution which preceded the Mandate and the 1924 Anglo-American Treaty by which the United States signified its agreement with the terms of the Mandate. All these documents are easily findable on the Internet.