Posts Tagged ‘UN Resolutions’

Palestinian Dispossession in East Jerusalem

March 15, 2010

By Stephen Lendman, Dissident Voice,  March 15, 2010

For Jews, Jerusalem is its historic capital. Muslims also claim it for the third holiest site in Islam, containing the 35 acre Noble Sanctuary (al-Haram al-Sharif), including the Al-Aqsa Mosque and Dome of the Rock.

The 1947 UN Partition Plan designated Jerusalem an international city under a UN Trusteeship Council. After Israel’s 1947-48 War of Independence, it was divided between Israel and Jordan, and during Israel’s 1967 Six-Day War, East Jerusalem was captured and occupied, its current status today.

In March 2009, a confidential EU report (now public) accused Israel of using settlement expansions, house demolitions, discriminatory housing policies, restrictive permits, closing Palestinian institutions, the West Bank Separation Wall, and various other ways to “actively pursu(e) the illegal annexation” of East Jerusalem and “increase Jewish presence” in the city.

Continues >>

Advertisements

Obama’s Cairo speech

June 15, 2009

Dr Mahathir Mohamad, chedet.co, June 15, 2009

Finally Obama, the black President of the United States has made his much awaited speech  outlining his views and policies on Islam, the Muslims and the Israeli-Palestinian conflict. It is a carefully crafted speech and certainly it is different from those of George W. Bush or even other US Presidents.

2. The arrogance and the preachings are out but two things American still stand out, and that is the United States is a world super power and that American loyalty to Israel is undiminished. Other things can change but not these two.

3. Hamas is asked to give up terrorism because like the struggles of the blacks of America and South Africa, violence achieves nothing. This is not quite true, at least with other national struggles for freedom and justice. The white Americans themselves fought a war against the British and another war to prevent the break-up of the United States.

4. Elsewhere the struggles for freedom and justice e.g. the French Revolution and the Russian Revolution just to name two, all involve violence.

5. It is not the Palestinians who choose violence. It was the Jews who violently seized Palestinian land, massacred the Arabs and expelled them from their country. With no one prepared to restrain the Jews, the beleaguered Palestinians had to resort to violence. The world, the United Nations, even fellow Muslims have deserted them.

6. I am against violence but when Israel seized more Palestinian land, build settlements, impose military rule, divide the Palestinians with high walls, barred the Palestinians from using roads built by the Israelis on Palestinian territory, denied the Palestinian right to a homeland, denied the right of return of the expelled Palestinian while upholding the rights of return of Jews who for centuries had been citizens of other countries, labelled Palestinians as terrorists while exonerating the Israelis for the massive attacks on Gaza and other places, left the Palestinians helpless when attacked by the Western-armed Israeli Military Forces, incarcerated thousands of Palestinians in Israeli jails, unnecessarily provoke the Palestinians by Sharon’s visit to Jerusalem and many, many more assaults and provocations, is it any wonder that the Palestinians resorted to violence?

7. And now they are asked to stop violence to respect agreements. But what about the Israelis? Shouldn’t they be told to stop their massive violence; shouldn’t they be told to respect agreements and all the UN resolutions, such as those against their setting up settlements on Palestinian soil, the occupation of land beyond the UN set boundaries for Israel?

Continued>>

International Law and Israel’s War on Gaza

January 25, 2009

by Francis A. Boyle

Global Research, January 24, 2009

mwcnews.net

When the Oslo Document was originally presented by the Israeli government to the Palestinian Delegation to the Middle East Peace Negotiations in the Fall of 1992, it was rejected by the Delegation because it obviously constituted a bantustan. This document carried out Menachem Begin’s disingenuous misinterpretation of the Camp David Accords–expressly rejected by U.S. President Jimmy Carter–that all they called for was autonomy for the people and not for the land too.

Soon thereafter, unbeknownst to the Delegation and to almost everyone else, the Israeli government opened up a secret channel of negotiations in Norway. There the Israeli government re-presented the document that had already been rejected by the Palestinian Delegation in Washington, D.C. It was this document, with very minor modifications, that was later signed at the White House on 13 September 1993.

Before the signing ceremony, I commented to a high-level official of the Palestine Liberation Organization: “This document is like a straight-jacket. It will be very difficult to negotiate your way out of it.” This PLO official agreed with my assessment and responded: “Yes, you are right. It will depend upon our negotiating skill.”

Of course I have great respect for Palestinian negotiators. They have done the best they can negotiating in good faith with the Israeli government that has been invariably backed up by the United States. But there has never been any good faith on the part of the Israeli government either before, during or after Oslo. Ditto for the United States.

Even if Oslo had succeeded, it would have resulted in the imposition of a bantustan upon the Palestinian People. But Oslo has run its course! Therefore, it is my purpose here today to chart a NEW DIRECTION for the Palestinian People to consider.

An agenda for an international legal response:

First, we must immediately move for the de facto suspension of Israel throughout the entirety of the United Nations System, including the General Assembly and all U.N. subsidiary organs and bodies. We must do to Israel what the U.N. General Assembly has done to the genocidal rump Yugoslavia and to the criminal apartheid regime in South Africa! Here the legal basis for the de facto suspension of Israel at the U.N. is quite simple:

As a condition for its admission to the United Nations Organization, Israel formally agreed to accept General Assembly Resolution 181 (II) (1947) (partition/Jerusalem trusteeship) and General Assembly Resolution 194 (III) (1948) (Palestinian right of return), inter alia. Nevertheless, the government of Israel has expressly repudiated both Resolution 181 (II) and Resolution 194 (III). Therefore, Israel has violated its conditions for admission to U.N. membership and thus must be suspended on a de facto basis from any participation throughout the entire United Nations System.

Second, any further negotiations with Israel must be conducted on the basis of Resolution 181 (II) and its borders; Resolution 194 (III); subsequent General Assembly resolutions and Security Council resolutions; the Third and Fourth Geneva Conventions of 1949; the 1907 Hague Regulations; and other relevant principles of public international law.

Third, we must abandon the fiction and the fraud that the United States government is an “honest broker.” The United States government has never been an honest broker from well before the very outset of these negotiations in 1991. Rather, the United States has invariably sided with Israel against the Palestinians. We need to establish some type of international framework to sponsor these negotiations where the Palestinian negotiators will not be subjected to the continual bullying, threats, harassment, intimidation and outright lies perpetrated by the United States government.

Fourth, we must move to have the U.N. General Assembly impose economic, diplomatic, and travel sanctions upon Israel pursuant to the terms of the Uniting for Peace Resolution (1950), whose Emergency Special Session on Palestine is now in recess.

Fifth, the Provisional Government of the State of Palestine must sue Israel before the International Court of Justice in The Hague for inflicting acts of genocide against the Palestinian People in violation of the 1948 Genocide Convention!

Sixth, An International Criminal Tribunal for Israel (ICTI) can be established by the UN General Assembly as a “subsidiary organ” under article 22 of the UN Charter. Article 22 of the UN Charter states the UN General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions. The purpose of the ICTI would be to investigate and Prosecute suspected Israeli war criminals for offences against the Palestinian people.

On January 4, 2009, Nobel Peace Laureate, Mairead Maguire wrote to the UN Secretary General, Ban Ki-Moon and Father Miguel D’Escoto President of United Nations General assembly adding her voice to the many calls from International Jurists, Human rights Organizations, and individuals, for the UN General Assembly to seriously consider establishing an International Criminal Tribunal for Israel in view of the ongoing Israeli atrocities against the people of Gaza and Palestine.

Francis A. Boyle is Professor of International Law at the University of Illinois. He was Legal Advisor to the Palestinian Delegation to the Middle East Peace Negotiations (1991-93)

Singing the Praise of Fruitless Peace Talks

December 23, 2008

Stuart Littlewood | uruknet.info, December 22, 2008

Ed Davey, the Liberal Democrats’ new ‘shadow’ foreign secretary here in Britain, reports on his first trip to Palestine/Israel in TotallyJewish.com, a strange choice of platform for a self-styled ‘liberal’.

His biggest impression, he says, was optimism for the peace process: “I developed a strong sense that both sides trusted each other.”

But as far as I’m aware he didn’t meet the Palestine side – only the Fatah faction, whose cosiness with Israel is the stuff of scandal.

Last week, in a display of mutual admiration between US president Bush and Fatah’s president Abbas, Bush reportedly said: “People must recognise that we have made a good deal of progress” and Middle East peace talks are now “irreversible”. Abbas, whose days are also numbered, praised the outgoing US president saying: “There is no doubt that we will continue these efforts and the peace negotiations, but everything will be based on the foundation, and that foundation was laid by you during your time in office.”

But when Abbas’s team was asked if Bush would press Israel to ease its blockade of Gaza, it seemed the US president would not commit to negotiating an end to the siege. So we can see how devoted they actually are to the cause of peace.

Meanwhile the Quartet – America, the EU, Russia and the United Nations – says there’s no turning back from US-led talks between Israel and the Palestinians, despite their spectacular lack of progress.

So everyone in high places is singing from the same hymn-sheet in praise of a fruitless peace process.

They know perfectly well, of course, that the Israelis have for decades played for time, stringing the world along and whining that they have “no partner for peace” while continuing to seize and colonize all the land and water resources needed to fulfill the Zionist dream of a Greater Israel from the Jordan to the Mediterranean… or, some say, the Euphrates to the Nile. To that end the regime has endlessly violated UN resolutions, international law and the norms of human decency.

Respected Israeli expert Jeff Halper has warned that Israel intends to make its illegal occupation permanent, hence the frenzied rush to establish irreversible facts on the ground like the monstrous settlements and their supporting infrastructure, to press ahead with further demolition of Arab homes and more ethnic cleansing, and to fracture the remnants of Palestine so that they cannot possibly be drawn together to form a viable, independent state.

Anyone who bothers to read the manifestos of the Likud and Kadima parties understands that it is Israel which is no partner for peace, never was and probably never will be.

So, World leaders, what’s your game? Why should Palestinians have to talk to their tormentors? The path to peace is clearly marked in countless rulings by the United Nations and by the International Court of Justice. These are waiting to be implemented and enforced. Here are some examples…

• Resolution 181 (the Partition Plan of 1947 accepted by the Jews) declares Jerusalem, including Bethlehem and Beit Sahour, a corpus separatum – to be run under an international UN administration. This was reiterated in Resolution 303 a year later. We’re still waiting.
• Resolution 194: resolves that refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage. That was 60 years ago.
• Resolution 237: Israel to allow return of the ‘new’ 1967 Palestinian refugees.
• Resolution 242: emphasizes the inadmissibility of acquiring territory by war and calls on Israel to withdraw its forces from land occupied in 1967.
• Resolution 252: declares ‘invalid’ Israel’s attempts to unify Jerusalem as the Jewish capital.
• Resolution 271: condemns Israel’s failure to obey UN resolutions on Jerusalem.
• Resolution 298: deplores Israel’s changing of the status of Jerusalem.
• Resolution 446: determines that Israeli settlements are a ‘serious obstruction’ to peace and calls on Israel to abide by the Fourth Geneva Convention.
• Resolution 452: calls on Israel to cease building settlements in occupied territories.
• Resolution 465: deplores Israel’s settlements and asks all member states not to assist Israel’s settlements program.
• Resolution 469: strongly deplores Israel’s failure to observe the Council’s order not to deport Palestinians.
• Resolution 471: expresses deep concern’ at Israel’s failure to abide by the Fourth Geneva Convention.
• Resolution 476: reiterates that Israel’s claims to Jerusalem are null and void.
• Resolution 478: censures Israel in the strongest terms for its claim to Jerusalem in its Basic Law.
• Resolution 605: strongly deplores Israel’s policies and practices denying the human rights of Palestinians.
• Resolution 608: deeply regrets that Israel has defied the United Nations and deported Palestinian civilians.
• Resolution 641: deplores Israel’s continuing deportation of Palestinians.
• Resolution 673: deplores Israel’s refusal to cooperate with the United Nations.
• Resolution 681: deplores Israel’s resumption of the deportation of Palestinians.
• Resolution 694: deplores Israel’s deportation of Palestinians and calls on it to ensure their safe and immediate return.
• Resolution 726: strongly condemns Israel’s deportation of Palestinians.
• Resolution 799: ditto

The Fourth Geneva Convention is supposed to protect civilians under military occupation…. no violence to life or person, no cruelty or torture; no taking of hostages; no outrages upon personal dignity; no collective punishment, no sentencing or executions unless ordered by a properly constituted court affording all the judicial guarantees demanded by civilised peoples.

In 2004 the International Court of Justice – that “principal judicial organ of the United Nations” – ruled that the Separation Wall is illegal and must be dismantled, and Israel must compensate Palestinians for damage. Furthermore, said the ICJ, all States are under an obligation not to recognize the illegal situation resulting from the construction of the Wall and to ensure Israel complies with international humanitarian law.

Israel is still building it.

The quarrel is clearly between the international community and Israel. So please, World leaders, spare us all this tosh about peace negotiations. There can be no peace while one party has his jackboot on the other’s throat. The major powers must first ensure all relevant UN resolutions are respected and international law enforced, not swept under the carpet. The time for Palestinians to sit down and talk is when Israel’s forces are pulled back, as required, behind the 1967 border.

What if Israel won’t comply? Easy: suspend trade and technical co-operation.

Mr Davey said when asked about his trip: “My one regret was not being allowed to visit Gaza, something I hope to put right as soon as my diary allows.” Not allowed to? By whom? Did the Israeli authorities stop him, just as they stopped a surgeon friend from entering Gaza a month ago with a team of medics, stopped the Pope’s nuncio and stopped the UN Special Rapporteur for the Occupied Palestinian Territories, Professor Richard Falk, who is due to report on the situation to the UN Human Rights Council in March?

Mr Davey didn’t explain. But expressing his intention to visit Gaza does him credit. He certainly won’t get a balanced view until he sees for himself and meets Hamas. I wish him well. We are in desperate need of champions for justice, a rare breed in international politics these days.

-Stuart Littlewood is author of the book Radio Free Palestine, which tells the plight of the Palestinians under occupation. For further information please visit www.radiofreepalestine.co.uk.

:: Article nr. 49812 sent on 23-dec-2008 10:50 ECT

www.uruknet.info?p=49812


%d bloggers like this: