Mandate for Palestine - July 24, 1922

Mandate for Palestine - July 24, 1922
Jordan is 77% of former Palestine - Israel, the West Bank (Judea and Samaria) and Gaza comprise 23%.
Showing posts with label International Court. Show all posts
Showing posts with label International Court. Show all posts

Saturday, January 27, 2018

America and Israel quit UNESCO over “Palestine” fiasco


[Published 16 October 2017]


UNESCO’s decision to admit “Palestine” as a member state in 2011 in apparent breach of UNESCO’s own Constitution has come back to bite UNESCO with a vengeance – as America and Israel now give formal notice of their intention to quit UNESCO on 31 December 2018.

State Department Spokesperson Heather Nauert asserted America’s decision was not taken lightly and reflected U.S. concerns with mounting arrears at UNESCO, the need for fundamental reform in the organization, and continuing anti-Israel bias at UNESCO.

American arrears owing for UNESCO dues now total US$550 million.

UNESCO anti-Israel decisions since “Palestine” was admitted to UNESCO membership have included:
1. January 2014 – the cancellation of an exhibition at its Paris headquarters on the Jewish presence in the land of Israel

2. October 2016 - disregarding any Jewish ties to the Temple Mount - only referring to it by its Muslim names – then several weeks later - passing a softer version of the resolution that referred to the Western Wall by its Jewish name - though still ignoring Judaism’s ties to the site.

3. May 2017 – UNESCO’s executive committee passing a resolution critical of Israeli conduct in Jerusalem and Gaza.

4. July 2017 - designating Hebron and the two adjoined shrines at its heart — the Jewish Tomb of the Patriarchs and the Muslim Ibrahimi Mosque — as a “Palestinian World Heritage Site in Danger”.
UNESCO appears to have acted outside the terms of its own Constitution in admitting “Palestine” to membership.

That decision was open to possible legal challenge for two reasons:
1. Only states can be admitted to UNESCO under Article II (2) of UNESCO’s Constitution - and “Palestine” was not a state,

2. 129 votes from 193 members were required to admit “Palestine” – not the 107 votes received from those “present and voting”. 14 had voted against, 52 abstained and another 21 were absent from the vote.
UNESCO’s questionable and highly controversial decision should have been referred to the International Court of Justice under Article XIV (2) of UNESCO’s Constitution to determine whether:
1. “Palestine” was a “State” entitled to membership of UNESCO.

2. 129 votes or 107 votes were required for “Palestine’s” admission to UNESCO
UNESCO did not seek this judicial interpretation - which would have cost it US$100000 – even though I presented it with detailed reasons why it should.

Had the International Court ruled “Palestine’s” admission to UNESCO was unlawful – then the American funding tap would have been turned on again five years ago.

Instead UNESCO lobbied the Americans to cough up what amounted to 22% of UNESCO’s annual budget. That lobbying was never going to succeed – since the chances of Congress backing away from America’s domestic law mandating the suspension of funds to any United Nations Agency that accepted the PLO as a full member – outside of negotiations with Israel – was doomed to failure

Australia’s Head of Mission – Ms Gita Kamath – gave Australia’s reasons for its negative vote at the time:
“Our decision to vote against reflects Australia’s strong concern that consideration of Palestinian membership in UNESCO is premature. The matter of Palestinian membership of the UN has recently been placed before the UN Security Council for its consideration. We should allow the United Nations Security Council process to run its course rather than seek first to address this question in different UN fora.

Our decision also reflects our concerns with the possible implications of a successful vote on UNESCO funding.”

UNESCO would not be in the parlous financial straits and ignominious position it finds itself today had its member States heeded Australia’s sage advice.

UNESCO’s foray into the Arab-Jewish conflict has been an unmitigated disaster.

Tuesday, December 5, 2017

United Nations web of deceit snares International Court of Justice


[Published 10 May 2017]


The United Nations publication “The Origins and Evolution of the Palestine Problem 1917-1988” (“Study”) has falsely misrepresented that the Mandate for Palestine was a class A Mandate — deceiving the International Court of Justice and many other reputable sources.

The Study has been published by the Division for Palestinian Rights of the United Nations Secretariat for, and under the guidance of, the Committee on the Exercise of the Inalienable Rights of the Palestinian People.

The Study falsely asserts without substantiation:
“All the mandates over Arab countries, including Palestine, were treated as class ‘A’ Mandates, applicable to territories whose independence had been provisionally recognized in the Covenant of the League of Nations”.

The Study then erroneously concludes:
“Only in the case of Palestine did the Mandate, with its inherent contradictions, lead not to the independence provisionally recognized in the Covenant, but towards conflict that was to continue six decades later.”

However the 1937 Peel Commission Report comprehensively debunks the Study’s concocted claims:
“The Mandate [for Palestine] is of a different type from the Mandate for Syria and the Lebanon and the draft Mandate for Iraq. These latter, which were called for convenience “A” Mandates, accorded with the fourth paragraph of Article 22. Thus the Syrian Mandate provided that the government should be based on an organic law which should take into account the rights, interests and wishes of all the inhabitants, and that measures should be enacted ‘to facilitate the progressive development of Syria and the Lebanon as independent States.’ The corresponding sentences of the draft Mandate for Iraq were the same. In compliance with them National Legislatures were established in due course on an elective basis. Article 1 of the Palestine Mandate, on the other hand, vests ‘full powers of legislation and of administration,’ within the limits of the Mandate, in the Mandatory.”

The Study for reasons unknown completely ignores this detailed Peel Commission rebuttal.

The Study’s unchallenged statements - seemingly authentic bearing United Nations imprimatur — appear on many websites including:
1. The Rights Forum — which claims to strive for a rights-based policy of the Netherlands and the European Union with regard to the Israeli-Palestinian conflict. On 10 December 2009, the International Day of Human Rights, The Rights Forum was launched by its Chairman former Dutch Prime Minister Andreas van Agt - assisted by an Advisory Council of former Ministers and Professors in International Law.

2. The Global Education Project — which states it adheres to rigorous standards and strives for an impartial and comprehensive presentation of the most relevant information necessary for both accurate and adequate education.

3. ProCon.org — which asserts it is America’s leading source for non-partisan information and civic education - serving more than 25 million people each year including teachers and students in more than 9000 schools in all 50 states and 90 foreign countries. It claims that 34 US state governments,17 US state Departments of Education, 23 foreign governments and 22 US federal agencies have cited ProCon.org materials.

4. A large number of anti-Israel sites and books have also embraced these Study’s false claims.
However the biggest fish snared in the Study’s web of deceit is the United Nations own primary judicial branch — the International Court of Justice — which In paragraph 70 of its Advisory Opinion of July 9, 2004 stated:
“Palestine was part of the Ottoman Empire. At the end of the First World War, a class ‘A’ Mandate for Palestine was entrusted to Great Britain by the League of Nations, pursuant to paragraph 4 of Article 22 of the Covenant. ...”

The Study’s fabricated narrative has certainly reaped — and continues to reap - huge dishonest dividends.

Monday, October 23, 2017

Israel Ensures European Union Swallows Poison Pill


[Published 30 November 2015]


The European Union’s (EU) discriminatory and racist labelling requirements for Jewish goods and products originating from Judea and Samaria has now seen Israel effectively label the EU as “persona non grata” in the diplomatic process between Israel and the Palestinian Arabs under the Oslo Accords and the Bush Roadmap.

The EU finds itself in this sorry position following Israel’s decision to reassess the involvement of EU bodies in that diplomatic process and to suspend contacts with the EU and its representatives until that reassessment is completed.

The labelling requirements reflect the EU’s political position that settlement by Jews in Judea and Samaria is illegal in international law. This claim has never been the subject of any binding authoritative legal decision.

The International Court of Justice decision on 9 July 2004 was only an advisory opinion sought by United Nations Secretary-General Kofi Annan and not a legally binding precedent.

That opinion was itself deficient since the Court was never asked by the Secretary-General to consider the legal effect of two territory-specific pieces of international law applicable to Judea and Samaria. Those provisions - article 6 of the Mandate for Palestine and article 80 of the United Nations Charter - vested and preserved the legal right to “close settlement by Jews” in Judea and Samaria for the purposes of reconstituting the Jewish National Home.

At best the EU’s longstanding position - that influenced its labelling laws - is only an opinion — and nothing more.

The EU should think very carefully before imposing any retaliatory trade action against Israel for freezing the EU out of the peace process — since Israel still has some more bitter medicine for the EU to swallow:
1. Forbidding the transfer of EU funds to non-government organisations in Israel engaged in activities designed to advance the interests of the Israeli Arab population and to interfere in the internal affairs of a member State of the United Nations.

2. Ending all co-operation with the EU in Area C in Judea and Samaria by terminating existing development and infrastructure programs for the benefit of the Arab population and forbidding any such EU activities there in the future.
The EU’s labelling laws contravene the joint statement issued by the Quartet — America, Russia, The European Union and the United Nations - on 10 April 2002:
“We reiterate that there is no military solution to the conflict and call on the parties to move towards a political resolution of their disputes based on UNSCR 242 and 338, and the principle of land for peace‚ which formed the basis for the Madrid Conference of 1991. We reaffirm our support for the objective expressed by President Bush and spelled out in UNSCR 1397, of two States, Israel and Palestine, living side-by-side within secure and recognized borders.”

Attempting to influence any political resolution regarding secure and recognized boundaries - using its labelling requirements to pressure Israeli territorial concessions - could spell the death knell for President Bush’s Roadmap and its “two-state solution"

The EU is free to pursue any policy it wants — but also must take full responsibility for the consequences of its reprehensible labelling laws and Israel’s rapid response.

Should the EU now gracefully bow out of the Quartet due to its clearly revealed conflict of interest and one-sided bias — or does it have to be told to go packing by the other members of the Quartet if their impartiality in the peace process is to be maintained?

The EU cannot remain a member of the Quartet whilst implementing labelling requirements that favour Arab claims over Jewish claims.

The EU now faces swallowing a poison pill of its own making.

Tuesday, November 24, 2015

Palestine - Obama Betrayal Demands Abbas Boycott


[Published 11 May 2014]


The inevitable collapse of the “two-state solution ” has seen last week’s headline grabbers and attention seekers turned from roosters into feather dusters - their credibility reputation and political judgement torn to shreds

Mahmoud Abbas - unelected PLO Chairman and unconstitutional President of :
1. The non-existent “Palestinian Authority” -

2. The artificially invented “Palestinian people”- and

3. The unilaterally declared “state of Palestine”
has confounded world leaders by rushing into the welcoming arms of the terrorist organisation Hamas leaving his personal credibility and reputation indelibly and irreparably stained .

Abbas has been miraculously transformed from being Obama’s buddy, Livni and Indyk’s photo opportunity, Kerry’s dinner guest and Peres’s “partner for peace “within just one week.

He now identifies with and openly espouses the following “humanitarian” Hamas principles adopted by the terrorist group - whom he assures people he will kiss and make up with in just four weeks time:
“The Islamic Resistance Movement believes that the land of Palestine is an Islamic Waqf consecrated for future Moslem generations until Judgement Day. It, or any part of it, should not be squandered: it, or any part of it, should not be given up. Neither a single Arab country nor all Arab countries, neither any king or president, nor all the kings and presidents, neither any organization nor all of them, be they Palestinian or Arab, possess the right to do that. Palestine is an Islamic Waqf land consecrated for Moslem generations until Judgement Day. This being so, who could claim to have the right to represent Moslem generations till Judgement Day?”

Hello - Is anyone listening? Should President Obama and Kerry be lining up to greet this man with this mind set who recognises no American President or should this duped American President boycott and give Abbas the cold shoulder?

What about those nothing United Nations countries processing hypocritical requests for accession to international treaties rejected by Abbas for the last 50 years - whilst fawning United Nations Human rights organisations implore this serial destroyer of human rights to take Israel to the International Court of Justice knowing full well his publicly expressed desire to inflict on 8.2 million Arabs and Jews what his Hamas comrades have been doing to millions of Syrians for the last three years?

Will Abbas now denounce his new found Hamas Islamist comrades-in-arms in Gaza for this reprehensible incident reported by Reuters in May 2010:
“Masked gunmen attacked a U.N.-run summer camp for children on Sunday after militants in the Gaza Strip accused the United Nations of promoting immorality in the religiously conservative enclave controlled by Hamas Islamists.

About 20 men, some carrying assault rifles, tore up large plastic tents and burned storage facilities at the site, where tens of thousands of children are due to attend camp sessions, said Ibrahim Elewa, a private guard who was on duty when they struck.

Two days earlier, a previously unknown militant group, “The Free of the Homeland,” issued a statement criticizing the camp’s organizer, the United Nations Relief and Works Agency (UNRWA), for, “teaching schoolgirls fitness, dancing and immorality.”

Is Obama comfortable hosting this Trojan horse in the White House - when he knows Abbas also endorses these Jew-hating views:
“For a long time, the enemies have been planning, skillfully and with precision, for the achievement of what they have attained. They took into consideration the causes affecting the current of events. They strived to amass great and substantive material wealth which they devoted to the realisation of their dream. With their money, they took control of the world media, news agencies, the press, publishing houses, broadcasting stations, and others. With their money they stirred revolutions in various parts of the world with the purpose of achieving their interests and reaping the fruit therein. They were behind the French Revolution, the Communist revolution and most of the revolutions we heard and hear about, here and there. With their money they formed secret societies, such as Freemasons, Rotary Clubs, the Lions and others in different parts of the world for the purpose of sabotaging societies and achieving Zionist interests. With their money they were able to control imperialistic countries and instigate them to colonize many countries in order to enable them to exploit their resources and spread corruption there.”

“You may speak as much as you want about regional and world wars. They were behind World War I, when they were able to destroy the Islamic Caliphate, making financial gains and controlling resources. They obtained the Balfour Declaration, formed the League of Nations through which they could rule the world. They were behind World War II, through which they made huge financial gains by trading in armaments, and paved the way for the establishment of their state. It was they who instigated the replacement of the League of Nations with the United Nations and the Security Council to enable them to rule the world through them. There is no war going on anywhere, without having their finger in it.”

Jeff Blankfort concludes his personal analysis of Obama’s next White House visitor :
” By any definition one chooses, Abbas is a traitor, a collaborator with the enemy”

Chief failed US Special Envoy to the Middle East - Martin Indyk - has pathetically attempted to explain Abbas’s aberrant behaviour
” Abbas has been in search of a legacy, in bad health and old age—and sought reconciliation with Hamas for this purpose.”

The White House or the mad house. You choose.