New English Review " />
Please Help New English Review
For our donors from the UK:
New English Review
New English Review Facebook Group
Follow New English Review On Twitter
Recent Publications by New English Review Authors
The Oil Cringe of the West: The Collected Essays and Reviews of J.B. Kelly Vol. 2
edited by S.B. Kelly
The Impact of Islam
by Emmet Scott
Sir Walter Scott's Crusades and Other Fantasies
by Ibn Warraq
Fighting the Retreat from Arabia and the Gulf: The Collected Essays and Reviews of J.B. Kelly. Vol. 1
edited by S.B. Kelly
The Literary Culture of France
by J. E. G. Dixon
Hamlet Made Simple and Other Essays
by David P. Gontar
Farewell Fear
by Theodore Dalrymple
The Eagle and The Bible: Lessons in Liberty from Holy Writ
by Kenneth Hanson
The West Speaks
interviews by Jerry Gordon
Mohammed and Charlemagne Revisited: The History of a Controversy
Emmet Scott
Why the West is Best: A Muslim Apostate's Defense of Liberal Democracy
Ibn Warraq
Anything Goes
by Theodore Dalrymple
Karimi Hotel
De Nidra Poller
The Left is Seldom Right
by Norman Berdichevsky
Allah is Dead: Why Islam is Not a Religion
by Rebecca Bynum
Virgins? What Virgins?: And Other Essays
by Ibn Warraq
An Introduction to Danish Culture
by Norman Berdichevsky
The New Vichy Syndrome:
by Theodore Dalrymple
Jihad and Genocide
by Richard L. Rubenstein
Spanish Vignettes: An Offbeat Look Into Spain's Culture, Society & History
by Norman Berdichevsky



















Thursday, 29 November 2012

The Preposterous State Of "Palestine"

From CAMERA:

November 29, 2012

Where's the Coverage? "Palestine" Doesn't Qualify as a State

question-mark1.jpg

There has been quite a bit of coverage of Palestinian Authority President Mahmoud Abbas asking the United Nations General Assembly to recognize a Palestinian state. But the media has focused mostly on the political angle: which nations will support this gambit and which nations will not support it. There has been coverage of the fact that the GA will almost certainly vote to approve and likely by a landslide. However, scant attention has been paid to the fact that "Palestine" does not qualify for statehood under international law. Other than CAMERA's backgrounder, we could find only one blog post on the subject.

According to article 4 of the United Nations charter membership is reserved for states (and "peace loving" states at that, but that's a whole other story). But Abbas is asking for "non-member state" status. This would presumably make it easier for "Palestine" to join the International Criminal Court with the intention of bringing cases against Israeli leaders. (This could backfire, of course, since Palestinian leaders would also be subject to the ICC – see "peace loving" above.)

The question remains, however, does "Palestine" qualify as a state? Article 1 of the Montevideo Convention on Rights and Duties of States provides the internationally recognized criteria of statehood:

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.

Does "Palestine" have a permanent population? If so, why do Palestinian leaders frequently demand that residents be allowed to become citizens of another state, Israel?

Does "Palestine" have a defined territory? According to article 17 of the 1995 Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, signed by Israeli and Palestinian leaders, the Palestinian Legislative Council does NOT have jurisdiction over "issues that will be negotiated in the permanent status negotiations: Jerusalem, settlements, specified military locations, Palestinian refugees, borders, foreign relations and Israelis". No jurisdiction over borders? No defined territory.

Does "Palestine" have a government? You could argue it has two: one government in areas of the West Bank and one in Gaza. And they don't even get along with each other. That's not an effective government by any stretch of the imagination.

Does "Palestine" have the capacity to enter into relations with other states? Again, not under the Interim Agreement. Article 9, paragraph 5-a states clearly:

...[T]he [Palestinian Legislative] Council will not have powers and responsibilities in the sphere of foreign relations, which sphere includes the establishment abroad of embassies, consulates or other types of foreign missions and posts or permitting their establishment in the West Bank or the Gaza Strip, the appointment of or admission of diplomatic and consular staff, and the exercise of diplomatic functions.

So on all four counts, "Palestine" does not qualify as a state and hence cannot be cannot be recognized as such by the United Nations General Assembly. But then, as Abba Eban said, "If Algeria introduced a resolution declaring that the Earth was flat and that Israel had flattened it, it would pass by a vote of 164 to 13 with 26 abstentions."

No permanent population, no defined territory, no effective government, no capacity to conduct foreign relations, and yet... no coverage either!

Posted on 11/29/2012 6:12 PM by Hugh Fitzgerald
Comments
No comments yet.

Most Recent Posts at The Iconoclast
Search The Iconoclast
Enter text, Go to search:
The Iconoclast Posts by Author
The Iconoclast Archives
sun mon tue wed thu fri sat
   1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30    

Subscribe
Via: email  RSS