Daphne Anson: David Singer: UN Vote on Trump’s Jerusalem Decision Reaches New Legal Low

Eretz Israel is our unforgettable historic homeland...The Jews who will it shall achieve their State...And whatever we attempt there for our own benefit will redound mightily and beneficially to the good of all mankind. (Theodor Herzl, DerJudenstaat, 1896)

We offer peace and amity to all the neighbouring states and their peoples, and invite them to cooperate with the independent Jewish nation for the common good of all. The State of Israel is ready to contribute its full share to the peaceful progress and development of the Middle East. (From Proclamation of the State of Israel, 5 Iyar 5708; 14 May 1948)

With a liberal democratic political system operating under the rule of law, a flourishing market economy producing technological innovation to the benefit of the wider world, and a population as educated and cultured as anywhere in Europe or North America, Israel is a normal Western country with a right to be treated as such in the community of nations.... For the global jihad, Israel may be the first objective. But it will not be the last. (Friends of Israel Initiative)

Sunday, 31 December 2017

David Singer: UN Vote on Trump’s Jerusalem Decision Reaches New Legal Low

Here's the latest article by Sydney lawyer and international affairs analyst David Singer.

He writes:

The United Nations General Assembly resolution on 21 December 2017 asking nations not to establish diplomatic missions in Jerusalem (“Resolution”) was adopted by 128 of the 193 member States acting in breach of three specific articles in the UN Charter.

1. Article 2(7):

“Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.”

President Trump’s decisions to recognise Jerusalem as Israel’s capital and move the US Embassy from Tel Aviv to Jerusalem were made in accordance with the Jerusalem Embassy Act passed on 24 October 1995 by the Senate 93:5 and the House 374:37.

Trump’s decisions fell squarely within the framework of America’s domestic jurisdiction.

Other countries wanting to follow America by locating their Embassies in Jerusalem are perfectly entitled to do so free of UN condemnation or interference.

2. Article 12(1):

“While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests.”

The Security Council had considered the situation brought about by President Trump’s decisions three days prior to the General Assembly meeting – when a draft UN Security Council resolution rejecting US policy shift on Jerusalem was vetoed by the United States.

The General Assembly was not empowered to make any recommendations whilst the Security Council remained seized of the issue - unless the Security Council requested the General Assembly to so act – which was not the case.

The General Assembly’s Resolution was passed in breach of Article 12(1).

3. Article 80(1):

“… nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties."

This article preserves the legal right of the Jewish people to reconstitute the Jewish National Home in Jerusalem in accordance with the Mandate for Palestine – unanimously endorsed by all 51 member States of the League of Nations in 1922.

50 of those League of Nations member States are members of the United Nations and voted on the Resolution as follows:

(i) 11 abstained:

Argentina, Australia, Canada, Colombia, Czech Republic, Haiti, Latvia, Panama, Paraguay, Poland and Romania

(ii) 1 did not vote:

El Salvador

(iii) 2 Voted against the Resolution:

Guatemala and Honduras

(iv) 36 voted for the Resolution:

Albania, Austria, Belgium, Bolivia, Brazil, Bulgaria, Chile, China, Costa Rica, Cuba, Denmark, Estonia, Finland, France, Greece, India, Iran, Italy, Japan, Liberia, Lithuania, Luxembourg, Netherlands, New Zealand, Nicaragua, Norway, Peru, Portugal, South Africa, Spain, Sweden, Switzerland, Thailand, Uruguay, United Kingdom, Venezuela

The votes of these 36 States delimited the legal rights of the Jewish people that their very own respective countries had been instrumental in creating in 1922.

The other 92 member states who voted for the Resolution also apparently had no qualms in ignoring article 80(1).

Trump was clearly not happy with the UN’s intrusion into America’s domestic affairs - immediately cutting $285 million from America’s proposed 2018 UN Budget with more financial cuts likely to occur.

UN member States reached a new legal low engaging in cavalier conduct involving flagrant breaches of the UN Charter.

The UN slide into irrelevancy continues to gather momentum.

No comments:

Expose The Lies!

There is a war of lies and deceit on the internet generating unbelievable hate by denigrating and delegitimising the legal rights conferred on the Jewish people by the League of Nations in 1922 and the United Nations in 1945. The idea that there are two narratives on the Arab-Jewish conflict is rubbish. There is only one – the factual truth that details the return of the Jewish people to reconstitute the Jewish National Home in its ancient biblical, ancestral and historic homeland after 3500 years of dispersion with the unanimous endorsement of the nation states then comprising the League of Nations.... Generals can’t fight a war without soldiers. Jews around the world need to join the fight or vacate the internet to the Jew-haters and their lies that repeated often enough eventually become accepted as truth. David Singer (2016)

The "Apartheid" Slur

The division of Judea and Samaria (West Bank) into three separate areas “A”, “B” and “C” was agreed on by Israel and the PLO pursuant to the Oslo Accords.
95% of the West Bank Arabs live in Areas A and B and their daily lives are under the total administration and control of the PLO since the Palestinian Authority was disbanded by Abbas in January 2013. The PLO has total security control in A and shares security control in B with Israel. Israel has total administrative and security control in C.
Israel is entitled to and will continue to take responsibility for the security of Jews living in the West Bank.
Jews were given the legal right to settle in the West Bank under article 6 of the Mandate for Palestine and article 80 of the UN Charter. They did so for decades until they were driven out in 1947 and not able to return there until 1967.
There are Arab roads only in the West Bank that Jews are not allowed to use. Jews are also forbidden from entering Area “A”. Selling land to Jews is forbidden by the PLO under pain of death. The PLO runs the daily lives of 95% of the West Bank Arabs and Hamas runs the daily lives of 100% of the Gazan Arabs. They have been under occupation – and subjugation – by these two evil groups for the last ten years and given no say in their future or any opportunity to elect others to lead them following the disastrous political decisions of their leaders over the past ten years. Hamas and the PLO do not accept the continued existence of a Jewish State and call for its disappearance.
The narratives did not begin in 1948 – they began in about 1917. How do you make peace with an enemy that has been obsessed with not recognising any Jewish national rights in former Palestine for the last 100 years? David Singer (2016)

The Jews of the Holy Land ... are surrounded by hostile states 650 times their territory and sixty times their population. Yet their last, best hope of ending two millennia of international persecution - the State of Israel - has somehow survived. When, during the Second World War, the island of Malta came through three terrible years of bombardment and destruction, it was rightly awarded the George Cross for bravery. Today, Israel should be awarded a similar decoration for defending democracy, tolerance and Western values against a murderous onslaught that has lasted twenty times as long. Andrew Roberts (historian)

Israel is understandably obsessed with security, but its greatest security lies ultimately not in the Israeli Defence Forces, but in political warfare.... Most of the world is not deeply interested in what happens in Israel, and probably does not want to be deluged with legalistic defences of particular actions. What it wants is a clear, calm, repeated case. It is a case – aimed more at public opinion than at foreign ministries – about freedom, democracy, a Western way of life and the need for the whole of the free world to fight terrorism. Sometimes you hear Israelis say: “It doesn’t matter what we say. The whole world is against us.” You can see why they say it, for they are indeed unfairly treated. But when they say it, they are uttering a self-fulfilling prophecy. If they won’t say what needs saying, no one else will say it for them. Charles Moore (2010)

Once again the armies of the Arab nations are coordinating their military efforts to destroy Israel - whatever they say about wishing merely to regain the lost territories.... [I]f the present Arab offensive had been launched at the pre-1967 frontiers, then the Israelis would indeed have been fighting to avoid annihilation. It seems now that the Israelis were right to maintain the ceasefire lines gained in 1967, and that to do so is the only guarantee of their continued safety.
Alan Sillitoe (The Times, 11 October 1973)

Iran and ISIS are competing for the crown of militant Islam... In this deadly game of thrones, there’s no place for America or for Israel, no place for Christians, Jews or Muslims who don’t share the Islamist medieval creed, no rights for women, no freedom for anyone... [T]he greatest danger facing our world is the marriage of militant Islam with nuclear weapons. To defeat ISIS and let Iran get nuclear weapons would be to win the battle, but lose the war. We can’t let that happen...[T]he days when the Jewish people remained passive in the face of genocidal enemies, those days are over. We are no longer scattered among the nations, powerless to defend ourselves. We restored our sovereignty in our ancient home. And the soldiers who defend our home have boundless courage. For the first time in 100 generations, we, the Jewish people, can defend ourselves....Even if Israel has to stand alone, Israel will stand. But ... I know that America stands with Israel... You stand with Israel, because you know that the story of Israel is not only the story of the Jewish people but of the human spirit that refuses again and again to succumb to history’s horrors. Bibi Netanyahu (12 Adar 5775; 3 March 2015)

The Jews are a peculiar people: things permitted to other nations are forbidden to the Jews. Other nations drive out thousands, even millions, of people, and there is no refugee problem.... [N]o one says a word about refugees. But in the case of Israel displaced Arabs have become eternal refugees.... Other nations - when they are defeated - survive and recover, but should Israel be defeated it would be destroyed.... [A]s it goes with Israel, so it will go with all of us. Should Israel perish the holocaust will be upon us. Eric Hoffer (1968)

Most of the present Arab countries were given their freedom after the 1914-18 War, or after the 1939-45 War.... Yet to listen to Arab spokesmen one might think that they had been cheated ... because they have not also got Israel. Israel is only .2 per cent of the land where Arab States have been established. Surely no fair-minded man can begrudge the Jews their own promised land when it is remembered that for every 2 acres that went to make up Israel, 1,000 acres became Arab.... Why is there an Arab refugee problem? The oil-rich countries have the money. There is no shortage of land, and the Israelis have the technical knowledge to show how it could be developed and made fertile. Bring those things together and the problem could be solved. 3rd Earl of Balfour (1968)

January 7, 2015 has already its place in the history of infamy, but also will be the date when the defenders of freedom and democracy will rise and pay tribute to those who died for their freedom and ours. Therefore, we must not forget on which side we are and who are our allies in the defense of the West and its values. Whether we admit it or not, the West is at war with an enemy who will not stop to destroy us...
The State of Israel boasts a commandment that, in one of the darkest hours in the fight for liberty Winston Churchill taught: "Never give up". Israel has proven to be a key ally in the fight against Islamism and also an example of how a liberal democracy can resist the jihadist stake and thrive as a Western nation ... Not only France but also all the West should look to Israel to defeat Islamism...
friendsofisraelinitiative.org

[I]t’s impossible to believe that an active antisemite wouldn’t – if only opportunistically – seek out somewhere to nestle in the manifold pleats of Israel-bashing, whether in generally diffuse anti-Zionism, or in more specific Boycott and Divestment Campaigns, Israeli Apartheid Weeks, End the Occupation movements and the like....[T]ell me that not a single Jew-hater finds the activity congenial, that criticising Israel can “never” be an expression of Jew-hating, not even when it takes the form of accusing Israeli soldiers of harvesting organs... Howard Jacobson (The Independent, 27 May 2013)

For Western countries to side with those who question Israel's legitimacy, for them to play games in international bodies with Israel's vital security issues, for them to appease those who oppose Western values, rather than robustly to stand up in defence of those values, is not only a grave moral mistake, but a strategic error of the first magnitude. Israel is a fundamental part of the West. The West is what it is thanks to its Judeo-Christian roots. If the Jewish element of those roots is lost and Israel is lost, then we are lost too. Jose Maria Aznar

Israel is, for us, a normal and a special country. A normal country, because it is just like any other democracy. A special country, because the Jewish culture, which eventually became the Judeo-Christian culture of the dignity of man, is the conceptual foundation of liberalism and democracy. This is why attacking Israel is tantamount to attacking Europe and the West. This is also why disputing Israel's legitimacy and its right to existence means questioning democracy. And this is why we are Friends of Israel. By defending Israel, we are defending ourselves. Marcello Pera

Israel ... is beset today by a unique combination of threats. It must defend its people from attack while defending its very right to exist. No other nation in the world faces this dual challenge. To deny Israel's right to confront some of the world's most vicious terrorist groups in order to ensure the safety of its citizens is to corrode international norms from within ... The assault on Israel is one part of a more general assault on the West, on democracy, and on the moral and cultural heritage that grew from the fruitful interaction of Jerusalem, Athens, and Rome ... Should these efforts succeed, similar efforts will certainly be turned against other western democracies. George Weigel

Apart from America itself, Israel still stands as the world's brightest model of national self-liberation based on ideals of individual responsibility and human freedom. Israel's ability to withstand Arab attempts to destroy it in one of the longest and most lop-sided wars ever fought serves as an indelible testimony to the strength of democratic culture.... We know from the past that the West paid dearly for ignoring Hitler's war against the Jews. One can only hope it will not pay as dearly for having ignored or underestimated for so long the Arab war against Israel and the Jews. Ruth Wisse

I am duty-bound to defend freedom, culture, peaceful coexistence, the civic education of children, and all the principles that the Tablets of the Law have rendered universal. Principles which Islamic fundamentalism systematically destroys. This means that, since I am a Gentile, a journalist and a leftist, I have a triple moral commitment to Israel. Because, if Israel were to be vanquished, modernity, culture and freedom would also be crushed. Even though the world has failed to wake up to this fact, Israel's struggle is the world's struggle. Pilar Rahola

DISCLAIMER

Commenters are kindly requested to avoid posting material which violates or infringes the rights of others (including their privacy and publicity rights, or which is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person.
The opinions expressed by posters of comments on the Daphne Anson blog are theirs alone, and do not necessarily reflect the opinions of Daphne Anson. Daphne Anson is not responsible for the content of the comments.
This blog's posts sometimes include links to other websites. Such linked websites will have their own terms and conditions of use and commenters are advised to familiarise themselves with them.
The Daphne Anson blog
* does not sponsor, endorse or necessarily approve of any material posted on this website or on websites linked from or to this website;
* does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on websites linked from or to this website;
* does not make any warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world;
* does not authorise the infringement of any intellectual property rights contained in material in other websites by linking this website to those other websites.

Sunday, 31 December 2017

David Singer: UN Vote on Trump’s Jerusalem Decision Reaches New Legal Low

No comments:

Post a Comment