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 Montevideo. Show all posts
Showing posts with label Montevideo. Show all posts

Tuesday, September 29, 2020

PLO repudiates Trump Plan: Opens door for Jordan and Egypt

 [Published 30 September 2020]






PLO Chairman Mahmoud Abbas has publicly repudiated the Trump Peace Plan telling the United Nations (UN) in his annual address:
“The Palestinian people have placed their hope in the United Nations, the historical witness of their Nakba, to provide support to their legitimate struggle for freedom and independence. And we continue to await the UN to fulfill its responsibility to achieve a peaceful settlement of the question of Palestine in accordance with its resolutions.”
The PLO will have a long wait — as Israel’s Prime Minister Netanyahu told the UN in his annual address:
“I will be ready and I’d be willing to negotiate on the basis of the Trump plan to end our conflict with the Palestinians once and for all.”
In justifying the PLO‘s decision to jettison the Trump Plan — Abbas stated:
“The declaration we are adopting today reflects the belief of the State of Palestine that upholding international law is the guarantee for achieving justice, that the UN Charter remains the basis for a more just, peaceful and prosperous world and that international law is imprescriptible and its respect more pressing.”
The PLO long ago consigned itself to irrelevancy when it became the arbiter of what international law it was prepared to accept or fabricate and which to simply ignore — as exemplified by:
1. The “State of Palestine” not being a state under article 1 of the Montevideo Convention. 
2. The PLO refusing to accept two foundational pillars of international law under article 18 of its 1964 Charter:
“The Balfour Declaration, the Mandate system and all that has been based upon them are considered fraud.”
3. Article 20 in the revised 1968 Charter seeing the PLO going even further:
“The Balfour Declaration, the Mandate for Palestine, and everything that has been based upon them, are deemed null and void.”

 Abbas then declared to the UN:

”[Our people] will achieve their rightful and natural place among nations, living in freedom, dignity and security, in their sovereign and independent State, with East Jerusalem as its capital, on the 1967 borders.”
This will never happen — Netanyahu telling the UN:
“For decades, all progress was halted and was held hostage to completely unrealistic Palestinian demands, such as the demand that Israel withdraw to the indefensible lines of 1967 and place its security in the hands of others; or the demand that Israel expel tens of thousands of Jews from their homes, effectively committing ethnic cleansing; or the demand that Israel absorb millions of Palestinians who are descendants of refugees from a war that was launched by the Palestinians against Israel more than half a century ago.
Of course, these demands, along with many others, are complete non-starters for any responsible Israeli government.… 
… Thankfully, President Trump chose a different path to peace—a path anchored in reality."
That Trump path has been rejected by the PLO – but another path can replace it: direct negotiations between Israel, Jordan and Egypt to allocate sovereignty in Gaza and up to 70% of Judea and Samaria (West Bank) not designated for Jewish sovereignty in Trump’s peace plan.

In 1964:
1. Egypt administered Gaza  
2. the West Bank was part of Jordan and its residents were Jordanian citizens 
3. Article 24 of the PLO Charter declared 
“This Organization does not exercise any regional sovereignty over the West Bank in the Hashemite Kingdom of Jordan, on the Gaza Strip or the Himmah Area”

Negotiations between Israel, Jordan and Egypt based on these 1964 realities should now be Trump’s focus — the key to seeing Trump’s deal of the century becoming a reality and ending the 100 years old Jewish-Arab conflict.


Author’s note: The cartoon – commissioned exclusively for this article—is by Yaakov Kirschen aka “Dry Bones”- one of Israel’s foremost political and social commentators – whose cartoons have graced the columns of Israeli and international media publications for decades. His cartoons can be viewed at Drybonesblog

Sunday, February 10, 2019

"State of Palestine" set to confront Trump at United Nations


[Published 22 January 2019]


The bizarre Handover ceremony of Egypt’s Chairmanship of the Group of 77 to the “State of Palestine” for 2019 will enable this non-existent and non-member State of the United Nations to play a leading role in the 74 years old farce — “The Question of Palestine and the United Nations” (PUN).

“The State of Palestine” does not meet the criteria for statehood required under the 1933 Montevideo Convention.

The Group of 77 (“the Bloc”) contains 133 of the 193 member states of the United Nations — ensuring the automatic passage of all United Nations General Assembly (UNGA) resolutions they propose.

UNGA Resolution A/RES/73/5 - adopted on 16 October 2018 — put this illusory “State of Palestine” center stage for PUN’s 2019 New York season — recognizing it as the Bloc’s public face in all matters brought before UNGA and at meetings of representatives of other major groups.

146 countries voted for this Resolution whilst only three - Israel, the U.S. and Australia - voted against, 15 countries abstained and the remaining 29 states did not vote.

US Deputy UN Ambassador Jonathan Cohen called out the hypocrisy of the vote:
“We cannot support efforts by the Palestinians to enhance their status outside of direct negotiations. The United States does not recognize that there is a Palestinian state…Only U.N. member states should be entitled to speak and act on behalf of major groups of states at the United Nations.”

Australia’s UN Ambassador Gillian Bird asserted:
“Australia’s decision to vote no on this resolution reflects our long-standing position that Palestinian attempts to seek recognition as a state in international fora are deeply unhelpful to efforts towards a two-state solution.”

The Handover Ceremony took place in the presence of UNGA President Ms. Maria Fernanda Espinosa Garcés, UN Secretary General Mr. António Gutteres, Mahmoud Abbas — the self-styled “President of the State of Palestine” (formerly called “the Palestinian Authority” before Abbas unilaterally changed its name in 2013) and Bloc members.

Mr. Gutteres’ 12 minute speech contained this politically-charged statement:
“Palestine and its citizens have first-hand experience of some of the most challenging and dramatic global issues at force”

Regrettably the Secretary General failed to elaborate on where he believed “Palestine” is located, who he considers are its citizens, its capital, the area it controls and its current government.

The Handover Ceremony included a 1 hour concert featuring live performances of Astor Piazzolla’s “Oblivion”, a Brahms sonata for violin and piano, five works by three Egyptian composers extending over 26 minutes and just 4 minutes of “Palestinian folk songs” whose provenance was not mentioned in the program notes.

One Egyptian composition - “Lessa Faker” — aptly describes the path UNGA needs to take to end this blatant “State of Palestine” fakery that flagrantly violates international law.

“Foreign Minister” of the “State of Palestine” Riyad Malki has impertinently predicted:
”...we are confident that [the Bloc] will support the Palestinians when it [sic] time comes for negotiations and the US will find out that it cannot ignore Palestine.”

Malki’s claim is risible.

America has denied the existence of any State of Palestine for the last seven decades. President Trump has closed the PLO diplomatic offices in Washington and ceased America’s annual payments of $360 million to UNRWA. The PLO refuses to entertain any Trump peace proposals designed to end the Arab-Jewish conflict.

President Trump’s response could well see him consigning the “State of Palestine” to diplomatic oblivion to the accompanying strains of Piazzolla’s Oblivion — with the United Nations left lamenting at the wake that it holds for the phantom State.

This is truly Theatre of the Absurd - Multilateralism gone mad.

Author’s note: The cartoon — commissioned exclusively for this article — is by Yaakov Kirschen aka “Dry Bones” - one of Israel’s foremost political and social commentators — whose cartoons have graced the columns of Israeli and international media publications for decades. His cartoons can be viewed at Drybonesblog

Monday, February 4, 2019

US and Israel quit over UNESCO's love affair with "Palestine"


[Published 7 January 2019]



UNESCO’s decision to admit “Palestine” as a member state in 2011 in breach of UNESCO’s own Constitution has come back to bite UNESCO with a vengeance — with America and Israel both quitting their membership of UNESCO on 31 December 2018.

America’s designated funding of 22% of UNESCO’s annual budget will now have to be met by other member states or UNESCO’s programs severely curtailed.

In October 2017, State Department spokesperson (now UN Ambassador-elect) Heather Nauert, clarified that America’s decision had not been taken lightly - citing continuing anti-Israel bias at UNESCO and the need for fundamental reform in the organization.

UNESCO anti-Israel decisions since “Palestine” was admitted to UNESCO membership have included:

1. 2012 — 8 resolutions condemning Israel, 1 condemning Syria and 0 other countries.

2. 2013 - 6 condemning Israel and 0 other countries

3. January 2014 — Cancelling an exhibition at UNESCO’s Paris headquarters on the Jewish presence in the land of Israel

4. 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.

5. 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’s admission of “Palestine” to membership breached Article II (2) of UNESCO’s Constitution which only allows States to be admitted to UNESCO. “Palestine” was not a state under the criteria laid down under international law by the 1933 Montevideo Convention.

107 states voted to admit “Palestine” whilst the remaining 86 voted “No”, “abstained” or “did not vote”.

UNESCO’s legally questionable decision was never referred by UNESCO to the International Court of Justice or an arbitral tribunal for confirmation under Article XIV (2) of UNESCO’s Constitution.

Given what has transpired — such failure was a monumental misjudgment.

President Trump’s National Security Adviser - John Bolton - recently exposed the fiction that there is a legally-constituted entity called “Palestine”:
”[Palestine] is not a state… It does not meet the customary international law test of statehood. It doesn’t control defined boundaries. It doesn’t fulfill the normal functions of government…calling it the so-called ‘State of Palestine’ defines exactly what it has been —a position that the United States government has pursued uniformly since 1988 when the ‘Palestinian’ Authority declared itself to be the state of ‘Palestine.’ We don’t recognize it as the state of ‘Palestine.’ We have consistently across Democratic and Republican administrations opposed the admission of ‘Palestine’ to the United Nations as a state, because it’s not a state.”
Australia’s Head of Mission — Ms Gita Kamath — gave Australia’s reasons for its negative vote on admitting “Palestine” at the time of the 2011 UNESCO vote:
“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.”
The Security Council course is still being run in 2019 with the finishing line nowhere in sight and UNESCO’s funding in tatters.

UNESCO’s credibility, integrity and self-created fantasy dream world has imploded.

UNESCO’s seven-year love affair with a non-existent “Palestine” has produced an international humanitarian crisis.

Author’s note: The cartoon—commissioned exclusively for this article—is by Yaakov Kirschen aka “Dry Bones”- one of Israel’s foremost political and social commentators—whose cartoons have graced the columns of Israeli and international media publications for decades. His cartoons can be viewed at Drybonesblog

Thursday, October 25, 2018

Jordan and Israel: Trump's only viable two-state solution


[Published 24 October 2018]



Four major developments in the past week have heightened expectations that President Trump will have no option but to call on Jordan and Israel to negotiate the allocation of sovereignty between their two respective States in the West Bank and Gaza — 5% of the territory comprised in the 1922 League of Nations Mandate for Palestine (Mandate).

Jordan and Israel are the two successor States to the Mandate currently exercising sovereignty in the other 95% of the Mandate territory — Jordan 78%, Israel 17%.

Jordan-Israel negotiations — if successfully concluded — would complete the two-state solution first contemplated under article 25 of the Mandate. Arab and Jewish claims to the Mandate territory would be finally resolved.

These four developments were:
1.The G77 and China — comprising 135 of the 193 United Nations member states — appointed the non-existing “State of Palestine” as Chairman of the G77 for 2019 and procured the passage of a United Nations General Assembly Resolution giving this phantom “State of Palestine” the right to:
(a) Make statements on behalf of the Group of 77 and China, including among representatives of major groups;
(b) Submit proposals and amendments and introduce them on behalf of the Group of 77 and China;
(c) Co-sponsor proposals and amendments;
(d) Make explanations of vote on behalf of the States Members of the United Nations that are members of the Group of 77 and China;
(e) Reply regarding positions of the Group of 77 and China;
(f) Raise procedural motions, including points of order and requests to put proposals to the vote, on behalf of the Group of 77 and China.
US Ambassador to the UN — Nikki Haley - re-iterated America’s long-standing position:
“The United States does not recognize a Palestinian state, notes that no such state has been admitted as a UN Member State, and does not believe that the Palestinians are eligible to be admitted as a UN Member State.”

The PLO has chosen the United Nations fantasyland to push its agenda in preference to negotiating with Israel under Trump’s proposed plan — simultaneously rejecting the Montevideo Convention requirements necessary for statehood in international law.

11 other UN member states embraced this nonsensical resolution, whilst the remaining 47 voted: Against (3), Abstained (15), or Did Not Vote (29).

2. US Secretary of State — Mike Pompeo — announced that the U.S. Embassy Jerusalem and U.S. Consulate General Jerusalem would be merged into a single diplomatic mission.

This was Trump’s response to the UN’s embrace of the “State of Palestine”.

3. President Trump sent World Jewish Congress President Ronald Lauder as his personal envoy to Jordan.

Lauder’s visit reportedly occurred without the knowledge of Israel or Trump’s Special Middle East Negotiators - Jared Kushner and Jason Greenblatt.

Jordan received $690 million in US aid in 2018 — to be boosted by a 27% increase for each of the next five years. Lauder would have reminded Jordan’s King Abdullah that Trump’s policy could see this aid reduced if Jordan refuses to negotiate with Israel.

4. King Abdullah gave Israel twelve months’ notice of Jordan’s intention to not renew twenty-five year leases of two areas denoted as “Special Regimes” in the Israel-Jordan peace Treaty.

Israel is entitled to request that consultations be entered into — as Israel undoubtedly will — since Israeli private land ownership rights and property interests are affected in one area and Israeli private land use rights in the other.

These Special Regimes would become important bargaining chips in Jordan—Israel negotiations on the West Bank and Gaza over the next 12 months.

Any Trump peace proposal not requiring direct Jordan—Israel negotiations will be dead in the water from the get-go.

Author’s note: The cartoon—commissioned exclusively for this article—is by Yaakov Kirschen aka “Dry Bones”- one of Israel’s foremost political and social commentators— whose cartoons have graced the columns of Israeli and international media publications for decades. His cartoons can be viewed at Drybonesblog

Monday, October 15, 2018

Trump rejects UN and UNESCO's fictitious Palestinian State


[11 October 2018]



President Trump’s National Security Adviser - John Bolton - has exposed the fiction that there is a legally-constituted “State of Palestine” — shredding United Nations Educational, Scientific and Cultural Organization (UNESCO) and United Nations (UN) resolutions misleadingly recognising such a state when none - in fact— exists.

Bolton was unequivocal in his statement:
“Palestine” is not a state… It’s not a state now. It does not meet the customary international law test of statehood. It doesn’t control defined boundaries. It doesn’t fulfill the normal functions of government. There are a whole host of reasons why it’s not a state.”

Article 1 of the 1934 Montevideo Convention completely substantiates Bolton’s claim.

Holding out the carrot after administering the stick — Bolton continued:
“It could become a state, as the president said, but that requires diplomatic negotiations with Israel and others… We have consistently, across Democratic and Republican administrations, opposed the admission of ‘Palestine’ to the UN as a state, because it’s not a state.”

Bolton’s tempting offer may have been made to try and get the PLO to negotiate with Israel on Trump’s soon to—be-released peace plan. It seems certain to fall on deaf ears as the PLO wants nothing to do with Trump’s plan.

The PLO will only be more infuriated at this latest Trump effort to engender some reality into the Arab-Jewish conflict — as happened when Trump recognised Jerusalem as Israel’s capital.

UNESCO’s decision to admit “Palestine” as a member in 2011 in clear breach of UNESCO’s own Constitution has come back to bite UNESCO with a vengeance - with America and Israel quitting UNESCO on 31 December 2018.

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

2. October 2016 - disregarding 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. 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”.
On 29 November 2012, the UN General Assembly granted Palestine “non-member observer state” status.

Pure fiction

The PLO hopped on the UN bandwagon - PLO Chairman Mahmoud Abbas decreeing on 3 January 2013:
“Official documents, seals, signs and letterheads of the Palestinian National Authority official and national institutions shall be amended by replacing the name ‘Palestinian National Authority’ whenever it appears by the name ‚'State of Palestine’ and by adopting the emblem of the State of Palestine.”

Pure fiction.

In November 2014 - Sweden became the 135th member of the UN to officially recognize Palestine as an independent state.

Pure fiction - 135 times over.

More truth-telling involving Jordan-Israel negotiations are on the Trump agenda — Bolton having signalled on 18 January:
“In fact, [Jordan’s] King Abdullah II should be preparing himself for a larger role in the West Bank. Before the 1967 war, Jordan had no hesitation asserting sovereignty over West Bank territory from Britain’s former Palestinian mandate, territory conquered by Jordan’s Arab Legion during the 1948 to 1949 war with Israel.

Once it becomes clear the two-state solution is finally dead, Jordan should again be asked to exercise control over suitably delineated portions of the West Bank and have the monarchy’s religious role for holy sites like the Temple Mount reaffirmed.”

Fact — not fiction — will resolve the Arab-Jewish conflict.

Author’s note: The cartoon—commissioned exclusively for this article — is by Yaakov Kirschen aka “Dry Bones”- one of Israel’s foremost political and social commentators—whose cartoons have graced the columns of Israeli and international media publications for decades. His cartoons can be viewed at Drybonesblog

Thursday, September 13, 2018

PLO-Hamas anti-England, anti-Israel hatred politicises FIFA World Cup.


[Published 11 July 2018]


Hatred against Britain and Israel surfaced in Gaza as England progressed its way through the World Cup to meet Sweden in the quarter finals.

One Gaza fan was outspoken:
“Of course I will support Sweden.

I can’t imagine a Palestinian supporting England, which created the Balfour Declaration, or not supporting the country that stood before the world and recognized our state."

The 1917 Balfour Declaration has never been forgotten or forgiven by the Palestine Liberation Organisation (PLO) and Hamas — both of whom consider the Declaration to be null and void — spending decades in spruiking this false message to their respective constituencies — fomenting Arab hatred against the Jews since the Declaration first called for the establishment in Palestine of a national home for the Jewish people.

The fuming Gaza fan was expressing his resentment by barracking for Sweden — even though Sweden was one of the 51 countries that transformed the Balfour Declaration into binding international law by unanimously incorporating it in the League of Nations Mandate for Palestine in 1922.

Our anguished fan was blissfully unaware of these facts having obviously not studied the 100 years old Arab-Jewish conflict. Anti-England prejudice was enough to back his decision to go for Sweden.

True — Sweden had purged itself of its 1922 decision when officially recognizing the State of Palestine in October 2014 - making it the first major European Union member state to back the PLO’s statehood bid.

However in atoning for its 1922 sin - Sweden’s recognition of the “State of Palestine” was a fiction that failed to meet the requirements demanded in international law by Article 1 of the 1933 Montevideo Convention which states:
“The state as a person of international law should possess the following qualifications:
(i) A permanent population
(ii) defined territory
(iii) Government
(iv) Capacity to enter into relations with the other states"

FIFA’s admission of the Palestinian Football Federation as a member of FIFA in 1988 had also contravened Article 10.1 of FIFA’s then governing articles:
“Any Association which is responsible for organising and supervising football in its country may become a Member of FIFA. In this context, the expression “country” shall refer to an independent state recognised by the international Community.”
FIFA started living in its own dream world 26 years before Sweden joined it.

Who will replace Sweden as Britain’s nemesis was summed up by another fan:
“Anyone supporting England is supporting Israel itself. These teams represent their countries and governments and will raise their flags in the stands. How can I support the country that allowed the Jewish state on our land?”
The Gazan fans are in for a shock and a reality check when they begin choosing one of the three remaining teams — France, Belgium or Croatia - to topple the evil Brits.

France, Belgium and Croatia just happen to have all voted in favour of the Mandate for Palestine incorporating the Balfour Declaration.

The semi-finals, final and third-place playoff will be agony for Gazan viewers as one of these last four countries holds up the trophy on the winner’s podium come finals day - the others the three minor places - with their flags filling Gaza’s TV screens.

The moral is clear — international law cannot be turned on and off as circumstances dictate — because one day the perpetrator will become entrapped in the hopeless position that the Arab States, the PLO and Hamas now find themselves.

Throwing out binding international law — the Balfour Declaration and the Mandate for Palestine — and falsely creating fake international law — “the State of Palestine” — goes to the heart of why the Arab-Jewish conflict still remains unresolved in 2018.

Saturday, February 11, 2017

Palestine - Carter Threatens Chaos For Obama, Trump and US Foreign Policy


[Published 30 November 2016]


Former US President Jimmy Carter has urged current President Barack Obama to:
1. betray another former President - George Bush,

2. destroy America’s reputation for integrity and trustworthiness and

3. thwart President-elect Donald Trump in attempting to resolve the 100 years old conflict between Arabs and Jews
In an op-ed piece in the New York Times Carter has proffered the following advice to Obama as his eight year term of office is ending:
“The simple but vital step this administration must take before its term expires on Jan. 20 is to grant American diplomatic recognition to the state of Palestine, as 137 countries have already done, and help it achieve full United Nations membership.”

The following calamitous consequences for American foreign policy would ensue should Obama accept Carter’s irresponsible advice:
1. President Bush’s 2003 Roadmap and 13 years of American diplomacy would be trashed.
Endorsed by the United Nations, European Union and Russia and accepted by Israel (with 14 reservations) and the then Palestinian Authority (since disbanded on 3 January 2013) - the Roadmap provides for:
“A settlement, negotiated between the parties,” that “will result in the emergence of an independent, democratic, and viable Palestinian state living side by side in peace and security with Israel and its other neighbors”

2. Obama would break Bush’s following written commitment made to Israel on 14 April 2004:
“The United States remains committed to my vision and to its implementation as described in the roadmap. The United States will do its utmost to prevent any attempt by anyone to impose any other plan.”

Any such State would not be “democratic” - its current “President” now being in the 11th year of a four year term - whilst two separate claimants - the PLO and Hamas - engage in a bitter internecine struggle to become the recognised Government of the Palestinian Arabs despite elections not having been held to legitimise the authority of either since 2007.
3. Carter’s following call in May 2015 will remain unimplemented and a distant pipe dream:
“We hope that sometime we’ll see elections all over the Palestinian area and east Jerusalem and Gaza and also in the West Bank,”

4. Obama will break his pledge to Israel to require any such State to first recognise Israel as the homeland of the Jewish people.
5. Obama would be recognising a State which has no legal basis for existence in international law since it fails to comply with the provisions of customary international law as expressed in the Montevideo Convention 1934.
6. Full United Nations membership under Article 4 of the UN Charter is only open to peace-loving states which accept the obligations contained in the present Charter.
7. No such State is “peace loving” nor would it ever accept the obligations contained in article 80 of the Charter preserving the rights vested in the Jewish people under the League of Nations Mandate for Palestine to reconstitute the Jewish National Home in Palestine
Ironically Carter hit upon the clue to finally resolving the conflict when addressing Jordan and Jordan’s late monarch King Hussein in another op-ed in Time Magazine on 11 October 1982:
“Hussein is personally courageous but an extremely timid man in political matters. That timidity derives almost inevitably from the inherent weakness of Jordan. As a nation it is a contrivance, arbitrarily devised by a few strokes of the pen”

Jordan - 78% of former Palestine - originally designated as part of the location for the Jewish National Home - still remains the key to resolving the Jewish-Arab conflict.

Obama should reject Carter’s latest disastrous advice and leave Trump to try and end the long-running conflict which has eluded all American Presidents.

Wednesday, October 5, 2016

Syria Hysteria Dooms Obama's Plan To Destroy ISIL


[Published 21 September 2014]


President Obama’s failed policies in Iraq, Libya, Syria, Afghanistan, Egypt and the West Bank do not bode well for the success of the President’s current plans to end the threat to world peace posed by the meteoric rise of both the Islamic State in Syria and the Levant (ISIL) and the Al-Nusrah Front (ANF).

That threat was articulated by UN Security Council Resolution 2701 - passed on 15 August - which expressed:
” its gravest concern that territory in parts of Iraq and Syria is under the control of Islamic State in Iraq and the Levant (ISIL) and Al Nusrah Front (ANF) “

Acting under Chapter VII of the UN Charter—the Security Council strongly condemned:
“the indiscriminate killing and deliberate targeting of civilians, numerous atrocities, mass executions and extrajudicial killings, including of soldiers, persecution of individuals and entire communities on the basis of their religion or belief, kidnapping of civilians, forced displacement of members of minority groups, killing and maiming of children, recruitment and use of children, rape and other forms of sexual violence, arbitrary detention, attacks on schools and hospitals, destruction of cultural and religious sites and obstructing the exercise of economic, social and cultural rights, including the right to education, especially in the Syrian governorates of Ar-Raqqah, Deir ez-Zor, Aleppo and Idlib, in northern Iraq, especially in Tamim, Salaheddine and Niniveh Provinces;”

America has subsequently acted as though Resolution 2701 had never been passed.

In his speech to the American nation on 11 September Obama declared:
“Now let’s make two things clear: ISIL is not “Islamic.” No religion condones the killing of innocents, and the vast majority of ISIL’s victims have been Muslim. And ISIL is certainly not a state… It is recognized by no government, nor the people it subjugates.”

The President is wrong on both counts.

Firstly — ISIL is Islamic — as its formal Declaration of Statehood on 29 June 2014 proclaims - and this following analysis asserts:
“The Islamic State is not only a terrorist group. It is an extremist, Islamist, political and military organization that holds a radical interpretation of Islam as a political philosophy and seeks to impose that worldview by force on Muslims and non-Muslims alike. Expelled from al-Qaeda for being too extreme, the Islamic State claims to be the legitimate ruler of all Sunni Muslims worldwide. They have established what they regard as a state which includes large swaths of territory in Syria and Iraq, governed from Raqqa in Syria.

It advances a number of theological opinions to support its claims. Its adherents hold that they are merely practicing Islam fully, pronouncing those who disagree with them takfir (heretics).

This designation is used as religious justification for killing the Islamic State’s opponents”

Secondly - ISIL is a State - meeting the legal requirements of Article 1 of the 1933 Montevideo Convention:
“The state as a person of international law should possess the following qualifications:
(a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states.”

Thirdly - Obama’s claim that ISIL is recognized by no other government is irrelevant — as article 3 of the Montevideo Convention makes indisputably clear:
“The political existence of the state is independent of recognition by the other states."

Obama’s false assumptions are a recipe for policy failure — as the goals enunciated by Obama in the same address clearly demonstrated:
“Our objective is clear: we will degrade, and ultimately destroy, ISIL through a comprehensive and sustained counter-terrorism strategy.”
Destroying the UN condemned Al Nusrah Front did not rate a mention. A lukewarm response from 57 Islamic States to help defeat ISIL’s declared world threat to peace was not factored into Obama’s thinking.

Four days later an international conference held in Paris made it clear that Syria was not even part of the battleground where ISIL was to be confronted, degraded and destroyed.

Mouram Daoud—a member of the National Coordination Committee for Democratic Change in Syria — an internal opposition coalition — opined that ISIL cannot be defeated militarily without Syria and Turkey’s backing:
“The US administration should first pressure the Turkish partner to stop the flow of jihadists through its airports and stop buying oil from IS. According to [United Nations] Resolution 2170, the US will not be able to strike IS sites in Syria without the approval of the Syrian government, which is eagerly awaiting this type of cooperation to restore its international legitimacy. But the US will not include the Syrian government in this war, and will not recognize the government either. This means that the US will stick to its decision to only provide weapons to the Syrian [rebel] factions.”

Obama’s mantra - first delivered in August 2011 - remains unchanged:
“The future of Syria must be determined by its people, but President Bashar al-Assad is standing in their way. For the sake of the Syrian people, the time has come for President Assad to step aside.”

Not even 200000 deaths and the creation of millions of Syrian civilian refugees since 2011 have produced any momentum for rapprochement between Obama and Assad that would enable Assad to extend - and Obama to accept - any invitation to confront ISIL in occupied Syria.

Any expectation that Assad and his backers — Russia, Iran and Hezbollah — will help Obama by destroying ISIL in Syria - is a pipe dream.

Friday, May 6, 2016

Palestine - United Nations Bedazzled By Abbas Word Wizadry


[Published 4 October 2015]


PLO Chairman Mahmoud Abbas’s speech to the UN General Assembly last week contained a concoction of half-truths and outright lies that everyone who listened to him should question.

Here are some prize porkies:
1. “The question of Palestine was one of the first just issues brought before the United Nations from the time of its inception, and yet it remains unresolved until this moment”

Abbas failed to mention that it has remained unresolved since then because:
(i) The Arabs did not accept the 1947 UN Partition Plan to partition western Palestine into a Jewish State and an Arab State — whilst the Jews did.

(ii) The Arabs — instead - unsuccessfully sent six Arab armies to invade Palestine in May 1948 to rout the newly declared Jewish State — Israel - and drive its Jewish population into the sea

(iii) Jordan and Egypt successfully drove out and permanently expelled the Jewish population living in the Gaza Strip, East Jerusalem and Judea and Samaria (later termed “the West Bank”) - keeping those areas Jew-free from 1948 until 1967

(iv) No attempt was made between 1948 and 1967 to create the Palestinian state Abbas says he will now accept. That opportunity has been well and truly missed.
2. Abbas described the Palestinian Arabs as “a people that had lived peacefully in their land and made genuine intellectual, cultural and humanitarian contributions to mankind.”
Abbas was gilding the lily.
(i) The Arab riots in Jerusalem in 1920, the Hebron massacre of the Jewish community in 1929 and the Arab riot between 1936 and 1939 give the lie to his claims.

(ii) No genuine intellectual, cultural and humanitarian contributions have been made to mankind by the Palestinian Arabs — unless airline hijackings, suicide vests, and indiscriminate targeting of Jews is what Abbas had in mind
3. “While Palestine was partitioned into two states — according to which Israel was established 67 years ago - the second part of that resolution still awaits implementation.”

Abbas suffers from a selective memory.
(i) Palestine was effectively divided 92 years ago in 1923 - when 78% - originally designated for the Jewish National Home by the 1920 San Remo conference and the Treaty of Sevres — was denied to Jewish settlement by article 25 of the Palestine Mandate.

(ii) This area subsequently became the Jew-free independent Hashemite Kingdom of Transjordan in 1946 - renamed Jordan in 1950 after being unified with Judea and Samaria.
4. “We recall here the words of the late Israeli Prime Minister Yitzhak Rabin in 1976, when he stated that Israel will become an apartheid state if it continues its occupation of the Palestinian territory and described the Israeli settlements on Palestinian land as “cancer”.

Abbas misleadingly failed to tell the General Assembly that Rabin’s view had changed markedly just before his assassination in 1995 — after experiencing 19 years of unremitting terrorism and rejectionism by the PLO — telling the Knesset:
(i) The borders of the State of Israel would be beyond the lines which existed before the Six Day War. Israel would not return to the 4 June 1967 lines.

(ii) Jerusalem would be united and would include both Maale Adumim and Givat Zeev as the capital of Israel under Israeli sovereignty

(iii)The security border of Israel would be located in the Jordan Valley, in the broadest meaning of that term

(iv) Gush Etzion, Efrat, Beitar and other communities in the area east of what was the “Green Line” prior to the Six Day War would be included in the State of Israel;

(v) Blocs of settlements would be established in Judea and Samaria like the one in Gush Katif

(vi) No single settlement would be uprooted in the framework of the Interim Agreement, nor building hindered for natural growth
5. “Palestine is a country of holiness and peace. It is the birthplace of Christ, the messenger of love and peace, and the Isra’ and Mi’raj (ascension to heaven and night journey) of Mohammed”

Abbas omitted any mention of the Jews — the forebears of the Christians
6. “It is no longer useful to waste time in negotiations for the sake of negotiations; what is required is to mobilize international efforts to oversee an end to the occupation in line with the resolutions of international legitimacy.”

(i) Abbas supposedly supports “resolutions of international legitimacy” — yet the PLO he heads has declared that the Balfour Declaration, the Mandate for Palestine, and everything that has been based upon them, are deemed null and void.

(ii) The League of Nations Mandate for Palestine and article 80 of the United Nations Charter are resolutions of international legitimacy that cannot be swept away because Abbas does not like them.
7. "The state of Palestine, based on the 4th of June 1967 borders with East Jerusalem as its capital, is a state under occupation, as was the case for many countries during World War II.”

(i) “The state of Palestine” does not meet the legal requirements of customary international law as encapsulated in the 1933 Montevideo Convention.

(ii) There were no borders — only armistice lines.

(iii) How can “Palestine” be a state under occupation since there was no such State in existence prior to 1967?
The applause accorded Abbas in the UN General Assembly indicates how his deceptively misleading word wizardry continues to confound attempts to end the 100 years old Jewish-Arab conflict.

Exposing its false peddlers must never cease.

Time the United Nations woke up and restored its own credibility.

Monday, March 21, 2016

Palestine - Chickens Coming Home To Roost For Turkey


[Published 7 August 2015]


Turkey’s championing of the Palestinian Arabs in their quest for an independent State has come back to bite Turkey with a vengeance - as Kurdish Statehood is once again firmly placed on the political agenda.

Turkey became the first country in the world with an ambassador to “Palestine” - after its envoy in Ramallah, ≈ûakir √ñzkan Torunlar, presented his Letter of Credence to “State of Palestine” President Mahmoud Abbas on 14 April 2013.

Incredibly this self-declared “State of Palestine” - admitted as a member State of UNESCO on 31 October 2011 and as a non-State observer to the United Nations on 29 November 2012 with Turkey’s active support — lacks the four following criteria required by the 1933 Montevideo Convention to qualify as a State:
1. a permanent population;

2. a defined territory;

3. a government; and

4. capacity to enter into relations with the other states.
Turkey’s swift recognition of this illegally constituted state for the “Palestinians” — a people only created for the first time in 1964 by the PLO Charter — starkly contrasts with Turkey’s consistent refusal to grant its 15 million ancient Kurdish community — part of the largest stateless minority group in the world - the identical right to their own State in Northern Turkey for the last 90 years.

Tim Arango sums up the current situation:
"The Kurds - a population of roughly 30 million spread across Turkey, Iraq, Iran and Syria - have historically been treated as second-class citizens by autocratic governments and have long dreamed of their own state. Their aspirations were thwarted by Western powers after World War I, when new borders were drawn that carved up the Kurdish communities. But slowly, during the upheaval of the Middle East, the Kurds are now reaching for self-determination.

The battle for Kobani last year in Syria, which ended in victory for the Kurds after a month long American-led air campaign, drew Kurdish fighters from around the world and fanned the flames of pan-Kurdish nationalism.

In Iraq, after the Islamic State swept across the north of the country last year and captured Mosul, Kurdish forces took charge of Kirkuk, a city long contested between Kurds and Arabs that sits on a sea of oil and is considered something of a spiritual homeland for the Kurds."

Gains by the pro-Kurdish Peoples Democratic Party (HDP) in the last Turkish elections at the expense of Turkey’s President Erdogan and his Islamist Justice and Development Party (A.K.P) have put added pressure on Kurdish demands for their own State.

Barham Salih - former prime minister of Iraq’s autonomous Kurdish region — has stated:
“I think this is a milestone for Kurdish people and for Turkish politics. Not long ago, Kurds were officially non-existent, at best identified as mountain Turks. After decades of denial and persecution, the time for the Kurds has arrived.”

Elif Safak - one of Turkey’s most famous novelists - wrote in Time magazine:
“It is one of the biggest ironies of Turkish political history that the Kurds — once belittled by the elites as a ‘backward culture’ — have become the major progressive force in the country.”

Turkey and the Kurds now appear to be hurtling toward renewing the all-out conflict that plagued Kurdish Statehood demands for decades - following a suicide attack that killed 32 people in the town of Suruc along the Syrian border.

Erdogan — robbed of his parliamentary majority by the Kurds - is in no mood to support Kurdish Statehood — a position he so enthusiastically embraced for the Palestinians.

Turkey seems set to pay a huge price for Erdogan’s hypocritical double standards.

The chickens are indeed coming home to roost.

Sunday, March 20, 2016

State Of Palestine And Islamic State Highlight International Double Standards


[Published 2 July 2015]


UNESCO, the United Nations and just this week - the Vatican - have recognised that the “State of Palestine” exists — despite the fact that it lacks all four basic requirements laid down in Article 1 of the Montevideo Convention 1933:
“The state as a person of international law should possess the following qualifications:
a) a permanent population;
b) a defined territory;
c) government; and
d) capacity to enter into relations with the other states.”
Reverend Federico Lombardi — the Vatican spokesman — confirmed the Holy See’s stance:
“Yes, it’s a recognition that the state exists”

The Vatican is justifiably concerned to protect Christian communities in the Middle East against further ongoing death, dispersion and destruction of their churches as has occurred to Christian communities in Syria and Iraq during the last twelve months.

Easing the concerns of Christians in the West Bank would have certainly played a part in the Vatican’s decision.

Bethlehem’s Christian population has been reduced from 60% in the 1990’s - prior to coming under Palestinian Authority control in 1995 - to 15% Christian by 2013 - whilst 1,000 Christians are reported to be leaving every year.

However Christian population growth in Israel last year stood at 1.3%.

Risking a rift in its relations with Israel displays poor judgement by the Vatican given these realities.

Those 107 member States voting for Palestine’s admission to UNESCO on 31 October 2011 did so in direct contravention of Article II (2) of the UNESCO Constitution which provides:
”...states not members of the United Nations Organization may be admitted to membership of the Organization….”

Voting to admit an entity into UNESCO that is not a lawful state is beyond understanding.

The UN General Assembly compounded UNESCO’s amazing decision when 138 UN member States voted to recognize Palestine as a “non-member observer state” on 29 November 2012.

The rule of law was thrown out the window with these UNESCO and UN decisions.

The international response to Islamic State has been markedly different since its declaration on 29 June 2014.

In just one year Islamic State has pillaged, plundered, beheaded and murdered its way through Syria and Iraq - now governing the population and controlling state assets in an area larger than Great Britain. Pledges of allegiance have come from many terrorist groups including Boko Haram and Sinai Province.

Islamic State meets all four Montevideo Convention criteria.

Yet British Prime Minister David Cameron urges Islamic State’s existence not be recognised by simply not using its self-declared name — reportedly telling BBC Radio 4’s Today programme:
“I wish the BBC would stop calling it ‘Islamic State’ because it is not an Islamic State. What it is, is an appalling barbarous regime ...it is a perversion of the religion of Islam and many Muslims listening to this programme will recoil every time they hear the words.”

French Foreign Minister Laurent Fabius has an even whackier view:
“This is a terrorist group and not a state. I do not recommend using the term Islamic State because it blurs the lines between Islam, Muslims and Islamists. The Arabs call it ‘Daesh’ and I will be calling them the ‘Daesh cutthroats’.”

Australian Prime Minister Tony Abbott has reportedly used the term “death cult” 346 times since last September.

The Pope too seems reluctant to use the term “Islamic State”.

President Obama uses the acronym “ISIL” to deny it is Islamic or a State.

“Palestine” — not a State — is recognised as a State. “Islamic State” — a State —is not recognised as a State.

No wonder the world is in such a state of turmoil and confusion.

Thursday, February 18, 2016

Palestine Wallows With Sweden In Ikea La-La-Land


[Published 2 November 2014]


Sweden Foreign Minister Margot Wallstrom’s announcement on 30 October that Sweden has recognized the State of Palestine elicited a response from Israel’s Foreign Minister Avigdor Liberman that will surely go down as one of the most memorable diplomatic quotes of 2014:
“It is too bad that the government of Sweden has chosen to adopt the measure that does a lot of damage and has no benefits. Sweden must understand that relations in the Middle East are much more complicated than self-assembly furniture at Ikea”

Ms Wallstrom’s reasons for justifying Sweden’s incredible decision were:
“The Government considers that the international law criteria for the recognition of the State of Palestine have been satisfied.

There is a territory, albeit with non-defined borders. There is also a population. And there is a government with the capacity for internal and external control….

The Government’s assessment that the international law criteria have been fulfilled is shared by international law experts, including Professor Ove Bring, Professor Said Mahmoudi and Professor P Wrange, who recently wrote an opinion piece on this subject in Dagens Nyheter (20 October).”

It seems inconceivable that Professor Bring, Professor Mahmoudi and Professor Wrange could have reached the conclusions attributed to them by Ms Wallstroms.

Hopefully someone conversant in the Swedish language might be kind enough to post a translation in English to verify what they actually wrote.

Sweden is sending a clear signal that masks an underlying and sinister racist and apartheid attitude

Certainly Ms Wallstrom’s assertion that the international criteria for recognition of the State of Palestine have been satisfied — are rebutted by the clear terms of article 1 of the Montevideo Convention 1934—which expressly provide:
“The state as a person of international law should possess the following qualifications:

a) a permanent population;

b) a defined territory;

c) government; and

d) capacity to enter into relations with the other states.”

Failure to even mention that there must be a permanent population before Sweden can possibly begin the diplomatic process of recognising the State of Palestine indicates the incredulity that Ms Wallstrom’s announcement has produced.

Sweden is sending a clear signal that masks an underlying and sinister racist and apartheid attitude — that Jews presently living in the West Bank have no right to expect to continue living there as part of the State of Palestine’s permanent population.

The fact that Jews have lived, died and been buried in the West Bank since Biblical times with the exception of a 19 year period between 1948-1967 seems to be strangely absent from Sweden’s current thinking.

The fact that international law — Article 6 of the Mandate for Palestine and article 80 of the UN Charter — authorises and legalises close settlement by Jews on West Bank land —including State lands and waste lands not required for public purposes — while ensuring that the rights and position of other sections of the population are not prejudiced —seems to have passed under Sweden’s radar and that of the panel of its international law experts.

Equally as incredible is the fact that Sweden considers that the legal requirements for a State can be met in an undefined area with non-defined boundaries.

Effective control of territory is required — boundaries are not and have never been a necessary legal prerequisite.

Sweden is of course entitled to do whatever it likes in pursuit of its perceived national interests — no matter how inept and incompetent its decisions might be.

However having apparently done so on its total misconception and misinterpretation of international law surely should give Sweden cause for second thought.

Ironically any such reconsideration now has its own problems in international law — since article 6 of the Montevideo Convention further provides:
“The recognition of a state merely signifies that the state which recognizes it accepts the personality of the other with all the rights and duties determined by international law. Recognition is unconditional and irrevocable.”

Among Sweden’s well-known exports are the “do-it yourself” furniture and home product construction kits emanating from Ikea — which proudly states on its website:
“We want to have a positive impact on people and the planet.”
If the Swedish Government thought its decision to recognise the State of Palestine would have a similar effect — then it has been gravely mistaken.

How Sweden builds relations with the State of Palestine - whilst missing pieces integral to its construction prevent it becoming a functioning entity Sweden can conduct meaningful diplomatic relations with - remains to be seen.

Perhaps Sweden should have heeded another successful Swedish export — Abba - whose “Waterloo” lyrics will surely resonate to Sweden’s future embarrassment:
“My, my, at Waterloo Napoleon did surrender
Oh yeah, and I have met my destiny in quite a similar way
The history book on the shelf
Is always repeating itself”

Ignoring history by attempting to unilaterally recognize a second Arab State in former Palestine for the first time ever in recorded history — in addition to Jordan — whilst
1. the PLO Covenant

2. the Hamas Charter and

3. the declared intentions of the Islamic State

oppose that solution — is a certain recipe for disaster.

Ms Wallstroms further declared:
“In 2009 EU Member States reiterated their readiness to recognise a Palestinian State, when appropriate. We are now ready to lead the way.“
EU member States tempted to follow Sweden into this political quagmire based on a reading of international law lacking any credibility whatsoever will only exacerbate the Arab-Jewish conflict — not resolve it.

Sweden has now become stuck with a fictitious and non-existent State of Palestine wallowing in an Ikea la-la-land.


EPILOGUE TO MY ARTICLE:

I have now been supplied with an English translation of the opinion piece written by three law professors on 20 October upon which Sweden’s Foreign Minister relied when claiming that the international law criteria for the recognition of the State of Palestine had been satisfied.

As I suspected when I wrote my article - the three professors do not maintain that those international criteria have been satisfied.

They never could have - if they were to retain any shred of professional credibility.

Sweden’s Foreign Minister has some answering to do in explaining why she tried to hide behind the opinions of these three law professors who never said what she claimed.

The three professors indeed argue that those criteria have been replaced by a new controversial and questionable principle they call the “legality principle” to justify the right of Sweden to recognize the State of Palestine under international law.

The three professors espousal of the applicability of the “legality principle” is not worth the paper it is written on since it fails to consider article 6 of the Mandate for Palestine and article 80 of the United Nations Charter.

UN General Assembly Resolutions they mention to support their claim have no legal binding effect and the 2004 decision of the International Court of Justice is similarly an advisory non- binding opinion only.

Justice El-Araby (now ironically Secretary General of the Arab League) warned his fellow judges:
“The international legal status of the Palestinian Territory (paras. 70-71 of the Advisory Opinion), in my view, merits more comprehensive treatment. A historical survey is relevant to the question posed by the General Assembly, for it serves as the background to understanding the legal status of the Palestinian Territory on the one hand and underlines the special and continuing responsibility of the General Assembly on the other. This may appear as academic, without relevance to the present events. The present is however determined by the accumulation of past events and no reasonable and fair concern for the future can possibly disregard a firm grasp of past events. In particular, when on more than one occasion, the rule of law was consistently side-stepped. The point of departure, or one can say in legal jargon, the critical date, is the League of Nations Mandate which was entrusted to Great Britain.”

The three professors are trying to sweep the 1922 League of Nations Mandate (and the 1920 San Remo Conference and the Treaty of Sevres that led to the Mandate) under the carpet - as well as the 1937 Peel Commission Report and the 1947 UN Partition proposals.

There is a myriad of international law legally sanctioning the right of the Jewish people to reconstitute the Jewish National Home in what is today called the West Bank, East Jerusalem and Gaza.

Sweden can do as it likes - as I stated in my article - but perverting international law on the way should be exposed at every opportunity.

Trying to hide behind the veil of “international law” to justify Sweden’s decision without fully examining the facts and the applicable law is disgraceful.

Saturday, November 21, 2015

Palestine - Kerry Confronts Ghosts In State Of Confusion


[Published 17 February 2014]

The semantic circus that first created a people known as the “Palestinians” in 1964 - who now claim an entitlement to their own independent State in ” the occupied Palestinian Territories” - reached absurd heights with the following bizarre news item this week:
“The Israeli authorities have blocked 70 patients from Gaza from entering Israel to receive medical treatment because their transfer documents were marked “State of Palestine,” officials told AFP on Wednesday

Until recently, official stationery has used the term “Palestinian territories.”

But the logo was changed in mid-December, a year after the Palestinians won recognition as a UN observer state, despite fierce Israeli opposition.”

This “War of the Letterheads” adds a new dimension to the conflict between Israel and the Palestine Liberation Organisation (PLO).

The “State of Palestine” was admitted as a member State of UNESCO on 31 October 2011 by a vote of 107/14 and as a non-observer State at the United Nations (UN) on 29 November 2012 by a vote of 138/9.

Those States voting in favour ignored the legal requirements of article 1 of the Montevideo Convention 1933 which declares:
“The state as a person of international law should possess the following qualifications:
(a) a permanent population;
(b) a defined territory;
(c) government; and
(d) capacity to enter into relations with the other states”

Those States dissenting or abstaining took the view that any State of Palestine to be created for the first time ever in recorded history could only arise as a result of negotiations conducted under the 1993 Oslo Accords, the 2003 Bush Roadmap and the 2007 Annapolis conference between the designated parties - Israel and the Palestinian Authority - (“the agreed negotiating framework”)

John V Whitbeck - an international lawyer and advisor to the Palestinian team negotiating with Israel - had flagged the likelihood of this latest War of the Letterheads in an article written in the Cyprus Mail on 13 January 2013.

Whitbeck revealed that the Palestinian Authority “had been absorbed and replaced by the “State of Palestine” in a decree issued by Mahmoud Abbas on 3 January 2013 and signed by him acting in his capacities as president of the State of Palestine and chairman of the Executive Committee of the PLO.

Whitbeck’s confirmation of the demise of the “Palestinian Authority” with the newly declared “State of Palestine” should surely have signalled the end of further negotiations under the agreed negotiating framework - specifically designed to achieve the birth of that very State.

How could further negotiations on creating the State of Palestine be necessary once that State had been declared by the party demanding its creation?

To make sure the message was fully understood - Whitbeck stated unequivocally:
“The Trojan horse called the “Palestinian Authority” in accordance with the Oslo interim agreements and the “Palestinian National Authority” by Palestinians, having served its purpose by introducing the institutions of the State of Palestine on the soil of Palestine, has now ceased to exist.”

Whitbeck left no room for doubt:
“In his correspondence, Yasser Arafat used to list all three of his titles under his signature - president of the State of Palestine, chairman of the executive committee of the Palestine Liberation Organisation and president of the Palestinian National Authority (in that order of precedence). It is both legally and politically noteworthy that, in signing this decree, Mahmoud Abbas has listed only the first two titles… There is no further need for a Palestinian leader to be three-headed or three-hatted.”

US Secretary of State John Kerry and the US State Department apparently missed - or deliberately ignored - the demise of the Palestinian Authority.

A meeting held by Kerry on 4 January 2014 is headlined on the State Department web site:
“Remarks with lead negotiator for the Palestinian Authority Saeb Erekat after meeting with Palestinian Authority President Abbas”

Kerry obviously believes he has been involved in negotiations under the agreed negotiating framework with a Palestinian Authority President, a Palestinian Authority negotiator and a Palestinian Authority - that clearly no longer exist.

The War of the Letterheads should serve as a clear signal to Kerry that he is negotiating with ghosts - not a legally constituted and accountable entity under the agreed negotiating framework.

Kerry - in preparing his own eagerly awaited framework agreement - needs to take notice of this fundamental change wrought by Abbas - who no longer wears a hat or name tag designated “Palestinian Authority”.

If Abbas is to be believed - there are now three existing states in former Palestine - Israel, Jordan and Palestine - who need to define their final borders and resolve any other contentious issues they might want to raise.

Erekat himself added another semantic whopper recently with this classic statement:
“I am the son of Jericho. I am 10,000 years old … I am the proud son of the Netufians and the Canaanites. I’ve been there for 5,500 years before Joshua Bin Nun came and burned my hometown Jericho. I’m not going to change my narrative,”

Yet under the PLO charter:
“Palestine is the homeland of the Arab Palestinian people; it is an indivisible part of the Arab homeland, and the Palestinian people are an integral part of the Arab nation.”

Shock horror - Erekat and all other descendants of the non-Arab Netufians and Canaanites aren’t “Palestinians”.

Kerry needs to sort out this confusing claptrap if he wants to make any headway in resolving a conflict that keeps being continually punctuated by Arab fiction on Arab fiction.

Tuesday, July 21, 2015

Palestine - Violating Vatican Vows


[Published 27 December 2012]


Diplomatic relations between Israel and the Vatican are set to considerably cool following the Pope granting a private audience to Mahmoud Abbas on 17 December.

Their meeting came at a time of growing political crisis engendered by the passage of the UN General Assembly resolution on 29 November that reaffirmed
“the right of the Palestinian people to self-determination and to independence in their State of Palestine on the Palestinian territory occupied since 1967;"

The Pope seemingly overlooked any discussion of the implications of this integral part of the resolution that also recognised the State of Palestine as a non-member observer state in the General Assembly - a view confirmed by the following communique issued by the Vatican
“The cordial discussions made reference to the recent Resolution approved by the General Assembly of the United Nations by which Palestine was recognised as a Non-member Observer State of the aforementioned Organisation. It is hoped that this initiative will encourage the commitment of the international community to finding a fair and lasting solution to the Israeli-Palestinian conflict, which may be reached only by resuming the negotiations between the Parties, in good faith and according due respect to the rights of both.”

The Pope was apparently unaware that the only matter left to be negotiated between the parties as a result of “this initiative ” was the timing of the eviction of 600000 Jews currently living in this ” State of Palestine” as defined by the General Assembly.

Abbas had made this racist view very clear on 28 July 2010 when Wafa - the official Palestinian news agency - reported the following remark by Abbas in Cairo:
“I’m willing to agree to a third party that would supervise the agreement, such as Nato forces, but I would not agree to having Jews among the Nato forces, or that there will live among us even a single Israeli on Palestinian land.”

Could the Pope have failed to understand that the Resolution also left no room for negotiating the boundaries of this “State of Palestine” - that the General Assembly had preemptively determined that it should comprise 100% of the territory won from Jordan by Israel in the 1967 Six Day War?

Would cordial discussions have occurred had the Pope taken the opportunity to urge Abbas to recognise Israel as the Jewish National Home and offer Palestinian citizenship to those Jews who did not want to leave their current homes?

Resumption of negotiations by “the Parties in good faith and according due respect to the rights of both” in such circumstances is a pure pipe dream.

The Abbas audience was a papal faux pas for several reasons.

Firstly - the Pope should not have blessed the audience with overt political significance by accepting from Abbas the gift of a mosaic of the Church of the Holy Sepulchre in Jerusalem bearing the inscription that it was presented to him by “the President of the State of Palestine” - a farcical nomenclature that had only been sanctioned that very day by the Chief of Protocol at the UN - Yeocheol Yoon.

Secondly - the Pope was clearly violating clause 11(2) of the 1993 Fundamental Agreement Between The Holy See And The State Of Israel which provides:
“The Holy See, while maintaining in every case the right to exercise its moral and spiritual teaching-office, deems it opportune to recall that owing to its own character, it is solemnly committed to remaining a stranger to all merely temporal conflicts, which principle applies specifically to disputed territories and unsettled borders.”

Remaining a stranger to this temporal conflict would have allowed the Pope to escape any criticism as a result of this inappropriate audience.

Thirdly - Article 2.2 of the Fundamental Agreement further avers:
“The Holy See takes this occasion to reiterate its condemnation of hatred, persecution and all other manifestations of antisemitism directed against the Jewish people and individual Jews anywhere, at any time and by anyone”

Failing to condemn the “President of the State of Palestine” during the audience for his known manifestations of anti-semitism makes a mockery of the Fundamental Agreement.

Fourthly - The Pope’s political foray no doubt inspired his own appointed nominee as the top Roman Catholic cleric in the Holy Land - the Latin Patriarch Fouad Twal - to also make a political statement in his annual pre-Christmas homily.

Archbishop Twal told his followers at his headquarters in Jerusalem’s Old City that this year’s festivities were doubly joyful, celebrating:
“the birth of Christ our Lord and the birth of the state of Palestine. The path (to statehood) remains long, and will require a united effort,”

Archbishop Twal - who was born in Jordan - had told Vatican Radio on 21 June 2008:
“The majority of our priests, nuns, schools families are in Jordan. We need a link to Jordan…,”

That link will certainly not come from the State of Palestine designated by the UN General Assembly - since its realisation is simply not going to eventuate.

Archbishop Twal also told www.custodia.org in an interview on 22 June 2008:
“If you want to touch Jews, Muslims, Christians, Jordanians, Palestinians, Cypriots, Europeans all together ..then you have to consider every comma”

The Archbishop would have done well to have remembered this sage advice before uttering his Christmas Eve message - understanding that what he said would not touch at least 600000 Jews - but cause them immeasurable hurt.

Indeed those who are playing charades with the newly crowned President of the State of Palestine are engaging in a world of make believe - where the words and commas in the Mandate for Palestine, the Montevideo Convention, Article 80 of the United Nations Charter, Security Council Resolution 242, the Oslo Accords and the Bush Roadmap - are apparently no longer worth the paper they are written on.

One can now add the Fundamental Agreement between the Holy See and the State of Israel to these discarded international agreements.

This does not bode well for any possible peaceful resolution of the long running conflict between Jews and Arabs.

The last Pope to bear Pope Benedict’s name - Benedict XV - enthusiastically endorsed the Jews’ right to reconstitute their national home in what was then Palestine when he told Zionist leader Nahum Sokolov at an audience in 1917 :
“Nineteen hundred years ago Rome destroyed your homeland and when you seek to rebuild it, you seek a path which leads via Rome…Yes this is the will of Divine Providence, this is what the Almighty desires.”

Violating Vatican vows this time round is certainly not going to entice Israel to beat a path to Rome as it continues to reconstitute the Jewish National Home in its ancient, biblical and internationally sanctioned homeland.

Saturday, July 18, 2015

Palestine - Sharon's Gaza Gambit - Brilliant Move Or Tactical Disaster?


[Published 29 November 2012]


“Gambit - an act that is calculated to gain an advantage, especially at the outset of a situation” - Oxford Dictionary

The end of the eight day bombardment of Israel’s civilian population by hundreds of rockets indiscriminately fired from the Gaza Strip has caused many respected commentators such as Caroline Glick to roundly criticise former Israeli Prime Minister - Ariel Sharon - for having unilaterally disengaged from the Gaza Strip in 2004 by withdrawing its army and 8000 Israeli citizens - many of whom had lived there for almost 40 years.

Writing in the Jerusalem Post on 22 November Ms Glick stated:
“As for that withdrawal from Gaza, just like the phony peace process with the PLO and the strategically demented withdrawal from south Lebanon, the withdrawal from Gaza was a self-evidently insane policy. It was obvious that it would lead to the strengthening of Palestinian terrorist groups and so put Israel’s population centers in striking range of their missiles…

... To force this mad initiative through, Sharon had to explicitly disavow the platform he was elected to implement. Sharon won the 2003 elections by pledging never to surrender Gaza."

After he betrayed his voters, Sharon demonized and, when possible, fired everyone in positions of power and influence who opposed him.

He called a referendum of Likud members to vote on his plan, and when his opponents won the vote overwhelmingly, he ignored it. He fired Lt.-Gen. Moshe Ya’alon, then IDF chief of General Staff. He fired his cabinet ministers. He castigated as “rebels” his party members who opposed his plan.”

Was Sharon’s decision indeed an “insane policy” or rather a brilliant gambit by Sharon with Israel’s long term national interests uppermost in Sharon’s mind?

Israel has certainly paid an enormous price in deaths, injuries and ongoing trauma resulting from more than 8000 rockets being indiscriminately lobbed from Gaza into a target area covering one million of Israel’s civilian population since Sharon’s fateful decision eight years ago. The civilian population of Gaza has also suffered as Israel has responded to protect its civilian population against such attacks.

A bewildering number of terrorist groups has since sprung up in Gaza like mushrooms - all hell bent on indiscriminately terrorising Israeli Jews and Arabs as well as foreign workers in pursuit of their heinous objective of wiping the Jewish state off the map.

The Hamas Government has done nothing to prevent such rocket attacks against the civilian population of Israel - initiated in many instances from schools,mosques, homes and hospitals located within Gaza’s civilian community - all of which actions constitute war crimes under international law.

However Caroline Glick and those other commentators joining her on the Sharon blame game bandwagon all fail to acknowledge the written commitment Sharon obtained from American President George W Bush on 14 April 2004 to enable such Israeli evacuation from Gaza to occur.

President Bush was well aware of the risks Israel’s unilateral disengagement would involve - and yet at the same time he recognized the opportunity such disengagement would offer to progress his Roadmap when he told Prime Minister Sharon:
“We welcome the disengagement plan you have prepared, under which Israel would withdraw certain military installations and all settlements from Gaza, and withdraw certain military installations and settlements in the West Bank.

These steps described in the plan will mark real progress toward realizing my June 24, 2002 vision, and make a real contribution toward peace. ...The United States appreciates the risks such an undertaking represents. I therefore want to reassure you on several points.“

President Bush’s letter then clearly - and unambiguously - pledged American support for the following positions;
1. The borders of the new Arab State would not encompass the entire West Bank

2. Jewish towns and villages in the West Bank would be incorporated into the borders of Israel in the light of new realities on the ground including existing major Israeli population centres.

3. The Palestinian refugees would have to be resettled in the new Palestinian State rather than in Israel.

4. Israel’s security and well being as a Jewish State would be a strong American commitment

5. The United States would do its utmost to prevent any attempt by anyone to impose any plan other than the Roadmap

6. As part of a final peace settlement, Israel must have secure and recognized borders, which should emerge from negotiations between the parties in accordance with UNSC Resolutions 242 and 338.

The Bush letter was overwhelmingly endorsed by the United States House of Representatives and Senate on 23 June 2004 when the following Resolution was passed by a vote of 407-9:
“Resolved by the House of Representatives (the Senate concurring), That Congress—

(1) strongly endorses the principles articulated by President Bush in his letter datedApril 14, 2004, to Israeli Prime Minister Ariel Sharon which will strengthen the security and well-being of the State of Israel; and

(2) supports continuing efforts with others in the international community to build the capacity and will of Palestinian institutions to fight terrorism, dismantle terrorist organizations, and prevent the areas from which Israel has withdrawn from posing a threat to the security of Israel.”

The Bush commitment now takes on added importance as the PLO seeks to commit political suicide by embarking on its third unilateral action outside of and in breach of the Oslo Accords and the Bush Roadmap within the past thirteen months - this time to secure recognition of the State of Palestine as a non-member observer state at the United Nations.

It seems to matter little - as was also evidenced at UNESCO - that there is no Palestinian entity meeting the requirements prescribed by international law for statehood - specifically the Montevideo Convention 1933.

The fictitious State of Palestine will be admitted as an observer non- member State at the UN - notwithstanding that such a decision can lead to withdrawal of US financial contributions as happened at UNESCO and risk Israel taking unilateral action of its own in the face of the PLO repudiation of the Oslo Accords and the Bush Roadmap

President Obama has yet to definitively declare that he remains bound by President Bush’s 2004 commitments to Israel.

Congress needs to demand that President Obama honour America’s above assurances. Disavowing the commitments of one President and Congress by another President and Congress would be the height of diplomatic treachery.

Honouring the Bush commitments is crucial in ensuring that the sacrifices made by Israel’s population following Israel’s unilateral disengagement from Gaza in the pursuit of peace have not been in vain.

President Obama and the Congress hold the keys to determining whether Sharon’s decision to disengage from Gaza was a indeed a brilliant move or a tactical disaster.

Monday, June 29, 2015

Palestine - Burying The Past, Faking The Future



[Published 16 August 2012]


Richard Falk - United Nations Special Rapporteur on “the situation of human rights in the Palestinian territories occupied since 1967” - provides compelling proof of how successful the Palestine Liberation Organization (PLO) has been in its attempt to bury historical fact and international law regarding the former territory of Palestine.

Mr Falk is not on his own among the United Nations coterie of organizations and officials who seem ready to try and wrest the title deeds granted to the Jewish people to reconstitute the Jewish National Home in Palestine pursuant to the Mandate for Palestine and article 80 of the UN Charter - following the decisions of the San Remo Conference and the signing of the Treaty of Sevres.

Former Secretary General Kofi Annan amazingly failed to include any mention of the Mandate and article 80 in his brief delivered to the International Court of Justice (ICJ) in 2003 when seeking its advisory opinion on the legality of part of Israel’s security fence being erected in the West Bank.

The ICJ’s subsequent failure to consider the effect of the Mandate and article 80 still needs to be explained - especially as one of the Presiding Judges warned that such an examination was necessary.

UNESCO maintains that Palestine is a State - when it clearly fails to comply with the requirements of the Montevideo Convention 1933.

Now Mr Falk - writing recently on his blog page - adds further fuel to the fire:
“I regard the Balfour Declaration and the mandatory system as classic colonial moves that have lost whatever legitimacy that they possessed at the time of their utterance, and prefer to view the competing claims to land and rights on the basis either of the 1948 partition proposal or the 1967 boundaries, although if there was diplomatic parity, I would respect whatever accommodation the parties reached, but without such parity, it seems necessary to invoke the allocation of rights as per settled international law.”

Mr Falk was parroting what had first appeared in Article 18 of the PLO Charter in 1964:
“The Balfour Declaration, the Mandate system and all that has been based on them are considered fraud.”

But even the PLO was forced to change that viewpoint just four years later - when it recognized that if the Mandate system was a fraud, then the Mandates for Syria and Lebanon and Mesopotamia - which had delivered self determination to the Arabs in 99.90% of the captured Ottoman territory - could also be subject to challenge.

With some crafty draughtsmanship - Article 18 was replaced in 1968 with the following Article 20 in the redrafted Charter:
“The Balfour Declaration, the Mandate for Palestine and everything that has been based on them is null and void”

In response to Mr Falk’s remarks - I asked him:
“The mandatory system delivered self determination to the Arabs as well as the Jews. When did the League of Nations mandate lose its legitimacy as settled international law?
Are both Jordan and Israel illegitimate?
Is article 80 of the UN Charter not settled international law?
The partition proposal was in 1947 — not 1948. It spoke of a Jewish state and an Arab state—not a Palestinian state. There were no 1967 boundaries. Do you agree? “

Mr Falk’s reply was very troubling:
“Churchill was a notorious advocate of colonialism and possessed a colonial mentality, persisting after World War II. I think it is not in Israel’s current interest to argue the historical case for its original claim of statehood.
A more compelling ground would be to work toward peace and reconciliation premised on the 1967 realities. To keep moving the goal posts, ‘fact on the ground’ after 1967, is equally doomed if a sustainable peace is our shared goal.”

Suddenly everything was to now be forgotten in Mr Falk’s opinion before “the 1967 realities”.

The penny dropped as I commented :
“I now am beginning to understand why you don’t want to have anything to do with the Mandate and article 80 of the UN Charter or what happened between 1920-1948.. The inconvenient truth of the Jewish people’s struggle to assert its legal claim to reconstitute the Jewish National Home in Palestine during those 28 years totally undercuts and dismisses those who would deny the Jews any legal or moral rights in their ancient and biblical homeland.

Now you even go further in wanting to forget 1948-1967 as well—when you state:
“I think it is not in Israel’s current interest to argue the historical case for its original claim of statehood. A more compelling ground would be to work toward peace and reconciliation premised on the 1967 realities.”

Israel’s case is not only historical—it is legal—sanctioned by the League of Nations and the United Nations. Why do you continually seek to deny the existence of these vested Jewish legal rights?"

Mr Falk then proceeded to change tack yet again in stating:
“Your reliance on the Balfour Declaration, UN partition proposals, etc., is one, but only one, construction of international law. There are competing constructions that do not regard as any longer valid all acts based on colonialist authority. My own view because of these contradictory lines of historical authority is to start from the present reality to sort out the respective claims of both peoples according to the logic of self-determination, an approach that will never satisfy extremists on either side, but has the best chance of achieving a sustainable peace.”

Suddenly the ”realities of 1967” mentioned as a starting point just a few days earlier had disappeared into the blue yonder to be replaced by “the present reality” as the new starting point.
Both puzzled and bemused I was motivated to ask Mr Falk:
“Which of the “contradictory lines of historical authority” do you personally accept?
1. the PLO position that regards the Balfour Declaration, the Mandate and everything that resulted from it to be null and void.
OR
2. The Zionist position that accepts the Mandate to have been a proper exercise of the League of Nations sovereign power to confer on Great Britain

With respect this is the third time you have changed your starting date:
1. You originally said 1948 or 1967

2. You then said 1967

3. You now state — “the present reality”

Won’t any of these starting points still involve sorting out the respective claims of both parties to self determination based on what happened between at least 1917-2012 and what happened to the territory once called Palestine during that period?”

I am still waiting for an answer from Mr Falk.

Turning historical facts and established international law on its head in favour of a fake and forged PLO narrative can only exacerbate - not help resolve - the 130 years old conflict between Arabs and Jews.

Sunday, June 21, 2015

Palestine - Ulpana Decision Answers Israel's Detractors


[Published 6 June 2012]


Israel has effectively answered its detractors in its measured response to a ruling by Israel’s High Court ordering the demolition of five stone structures in the West Bank settlement of Ulpana - erected on what the Court deemed to be private Palestinian land.

Firstly - in agreeing to remove these structures and relocate the 30 families affected to the nearby neighbourhood of Beit El - Israel’s Prime Minister Benjamim Netanyahu announced:
“Even though for some people the High Court decision over Ulpana is hard, we have to respect it,”

Israel’s respect for the rule of law stands in stark contrast to the defiance of the rule of law by the Palestinian Arabs - - as evidenced in Article 20 of the PLO Charter which states:
“The Balfour Declaration, the Mandate for Palestine, and everything that has been based upon them, are deemed null and void.”

The silence of the international community in demanding acceptance of this body of settled international law by the Palestinian Arabs has been one of the principal stumbling blocks to ending the 130 years old conflict between Arabs and Jews.

Israel’s stance also effectively exposes the failure of large parts of the international community itself to respect the law when admitting Palestine as a member state of UNESCO last October - contrary to the well established principles of customary international law as laid down in the Montevideo Convention 1933.

Many of those UNESCO member states cynically continue to claim that Israel’s settlements are illegal in international law. Such claim is no more than an opinion that has never been properly tested in any Court.

Such claim is countered by the claim that the settlements are legal in international law under article 6 of the Mandate for Palestine and article 80 of the United Nations Charter. These two documents - read together - continue to this day to give the legal imprimatur to the Jewish people to reconstitute the Jewish National Home in the West Bank and Gaza on State land and waste land not required for public purposes.

Indeed Prime Minister Netanyahu has now indicated - following the Ulpana decision - that the pace of building activity will be increased in existing settlements built on state lands and waste lands in the West Bank.

The failure of the International Court of Justice (ICJ) to consider the legal force of the Mandate and article 80 of the UN Charter in its non-binding advisory opinion on the legality of Israel’s security barrier being erected in parts of the West Bank - has exacerbated rather than defused the settlements issue.

Regrettably the ICJ decision was reached on the basis of a brief submitted to the Court for judicial advice by then Secretary General of the United Nations - Kofi Annan. Such brief failed to include any reference to the Mandate for Palestine or article 80 of the UN Charter.

The ICJ ignored the warning made by one of the 14 judges in the case - Justice Elaraby - who wrote in his judgement:
“The international legal status of the Palestinian Territory (paras. 70-71 of the Advisory Opinion), in my view, merits more comprehensive treatment. A historical survey is relevant to the question posed by the General Assembly, for it serves as the background to understanding the legal status of the Palestinian Territory on the one hand and underlines the special and continuing responsibility of the General Assembly on the other. This may appear as academic, without relevance to the present events. The present is however determined by the accumulation of past events and no reasonable and fair concern for the future can possibly disregard a firm grasp of past events. In particular, when on more than one occasion, the rule of law was consistently side-stepped. The point of departure, or one can say in legal jargon, the critical date, is the League of Nations Mandate which was entrusted to Great Britain.

Secondly - Israel has rejected the temptation following the Ulpana verdict to resort to retrospective legislation to legalize the construction of the Ulpana houses.

Retrospective legislation is a course of action seldom undertaken in democratic countries. Israel’s refusal to break with that principle in the Ulpana case is to be commended.

A bill to legitimize the Ulpana houses was roundly defeated in Israel’s Knesset by a vote of 69-22 - when the principle of Cabinet solidarity - another feature of flourishing democracies - was successfully imposed by Prime Minister Netanyahu.

One cannot however rule out a change of heart in the future if exceptional circumstances arise - particularly if the number of successful cases of illegal building activity are found by the Court to have occurred. Compensation - rather than demolition and resettlement of the residents affected - may become the only practical option.

Thirdly - the frequently heard claims of Palestinian victimhood and denial of legal and human rights were again effectively answered with the Ulpana decision. Israel’s legal system has always been available to Palestinian Arab litigants and has found in their favour in many cases. The Ulpana decision affirms that Israel’s legal system will continue to protect their rights when supported by the facts and the law.

The case itself was funded and run by one of the many non-government organizations (NGO) in Israel- B’tselem - that act to protect the rights of the minority Palestinian Arab population. These NGO are financed by donations from foreign supporters such as the European Union and the Ford Foundation. Lack of finance to run cases for Palestinian Arabs residing in the West Bank is not a problem. They can - and do - hire top lawyers to present their cases.

Fourthly - the case highlighted the resilience of Israel’s democracy - as the press in Israel enjoyed free rein to criticise the Government’s policy in regard to Jewish settlements in the West Bank.

One of the leaders of the pack baying for the Government’s blood following the Ulpana decision was the daily paper Ha’aretz which propounded the following in one of its editorials:
“Promising to build new homes in the heart of the occupied territories, far beyond the 1967 lines, blatantly contradicts the commitment Israel made in the road map to freeze settlement construction and evacuate all the outposts built in the past decade.”

In fact no such commitments were ever made.

The Roadmap proposed by President Bush had expressly stated:
"Settlements
GOI (Government of Israel) immediately dismantles settlement outposts erected since March 2001.
Consistent with the Mitchell Report, GOI freezes all settlement activity (including natural growth of settlements)."


Israel however - made 14 reservations to the Roadmap - one of which provided:
“There will be no involvement with issues pertaining to the final settlement. Among issues not to be discussed: settlement in Judea, Samaria and Gaza (excluding a settlement freeze and illegal outposts); the status of the Palestinian Authority and its institutions in Jerusalem; and all other matters whose substance relates to the final settlement.”

An agreement to discuss a settlement freeze or illegal outposts is a far cry from a commitment to freeze settlement construction or illegal outposts.

The Ulpana decision once again established that there is no Government control of the media in Israel that prevents any claims or criticisms of Government policy - right or wrong - being made - that would threaten their newspaper offices being raided or closed down.

Fifthly - the unique role that Israel’s High Court plays in standing between the Government and its citizens and even non-citizens is bound to ensure that it will not be intimidated in dealing with future cases of illegal building - by either Jews or Arabs - on private lands,State lands or waste lands not required for public purposes.

Prime Minister Netanyahu confidently asserted:
“I have unequivocal legal opinions that say that the (Ulpana) verdict did not set any precedent and will not affect other cases.”

He may well find that the High Court will not agree with those opinions.

Israel’s Declaration of Independence proclaims:
”[The State of Israel] will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex;"

The High Court will be vigilant in ensuring this provision is scrupulously enforced.

The Ulpana decision has opened up a can of worms that will force it to review further claims of illegal building activities - not only by Jews but by Arabs as well.

It needs to act with fairness and impartiality to correct any infringements of the law - no matter who it is that is infringing.

As the international community grapples with its response to the slaughter and mayhem in Syria against every principle of international law - Israel stands tall in its respect for the law in contrast to those nations who only pay lip service to that principle - whilst ignoring it in practice..

It is about time those other nations followed Israel’s example.