Daphne Anson: United National Security Council Resolution 2334

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)

Showing posts with label United National Security Council Resolution 2334. Show all posts

Monday, 16 January 2017

David Singer: Paris Buries Palestine and UN Security Council Resolution 2334

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

He writes:

72 States and Organizations meeting in Paris on 15 January have repudiated Security Council Resolution 2334 (“UNSCR 2334”) just – three weeks after it was passed on 23 December 2016.

UNSCR 2334 had reiterated the Security Council’s

“vision of a region where two democratic States, Israel and Palestine, live side by side in peace within secure and recognized borders”

The final Paris communique dumped this “two democratic states solution” by reaffirming:

“that a negotiated solution with two states, Israel and Palestine, living side by side in peace and security, is the only way to achieve enduring peace”.

The word “democratic” was in fact omitted in the Paris communique in nine places – signalling that Paris did not accept the definitive terms of the “two-state solution” proposed by the Security Council.

The Paris communique deliberately sought to mislead and deceive what UNSCR 2334 had actually stated – declaring the participants:

“welcomed international efforts to advance Middle East peace, including the adoption of United Nations Security Council resolution 2334 on 23 December 2016 which … called on both sides to take steps to advance the two state solution on the ground;"

– blatantly failing to identify that it was the “two democratic states solution” that was envisioned in UNSCR 2334.

Paris went even further in attempting to gloss over the obligation for any Palestinian State to be democratic – the communique noting:

“the importance of addressing the dire humanitarian and security situation in the Gaza Strip and called for swift steps to improve the situation”.

No mention about addressing the absence of democracy in Gaza – where Hamas has denied the Arab population any elections for the last 10 years.

Paris omitted any reference to the only framework within which Israel and the PLO have been negotiating during the last 13 years – the 2003 Bush Roadmap – which clearly states:

“A settlement, negotiated between the parties, 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.”

The Paris communique:

“called on both sides to take steps to advance the two-state solution on the ground ; the recommendations of the Quartet on 1 July 2016; and the United States Secretary of State’s principles on the two-state solution on 28 December 2016”.

However one Quartet recommendation states:

“Gaza and the West Bank should be reunified under a single, legitimate and democratic Palestinian authority on the basis of the PLO platform and Quartet principles and the rule of law, including control over all armed personnel and weapons in accordance with existing agreements.”

Kerry mentioned “two-state solution” 29 times but never once uttered the word “democratic”.

Israel should now not fall into the trap of negotiating with any entity less than one already democratically elected and functioning in Areas “A” and “B” of the West Bank and Gaza – nor rely on any promises of democracy emerging there in the future.

Paris has managed to bury the “two democratic states solution” in just 24 hours.

The Roadmap and UNSCR 2334 have received the last rites.

Perhaps the Security Council and the Paris participants should now consider the “two-state solution” first envisaged in 1922:

One Jewish State – Israel – and one Arab State – Jordan – in the territory covered by the Mandate for Palestine.

This territorial subdivision has already happened in 95 per cent of the Mandate territory. It can happen very quickly in the remaining 5 per cent.

In fact it only involves redrawing the existing international boundary between Israel and Jordan – two states already living side by side in peace within secure and recognised borders.

Simple and achievable.

Friday, 6 January 2017

David Singer: Anti-Israel Security Council Resolution 2334 violates UN Charter

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

He writes:

United Nations Security Council Resolution 2334 violates Article 80 of the United Nations Charter and accordingly is illegal in international law.

Any attempt by the Security Council to enforce Resolution 2334 or to pass any new Resolutions based on Resolution 2334 will also be illegal.

Article 80 preserves the legal rights vested in the Jewish people to reconstitute the Jewish National Home within 22 per cent of the territory comprised in the 1922 Mandate for Palestine (“Mandate”). That territory includes what is known today as Area "C" located in Judea and Samaria (West Bank) and East Jerusalem (“disputed areas").

Resolution 2334 seeks to erase and annul – not preserve – those vested Jewish legal rights in the disputed areas by:

1. Claiming that Jews now presently living – or seeking in the future to live – in the disputed areas constitutes "a flagrant violation under international law" – when in fact their right to live there is sanctioned by Article 6 of the Mandate and Article 80.

2. Alleging that the right to reconstitute the Jewish National Home in the disputed areas requires the consent of any other party.

3. Calling on all States to discriminate between Jews living in the disputed areas and Jews living in Israel.

4. Discouraging Jews from living in the disputed areas when Article 6 of the Mandate specifically encourages close Jewish settlement in the disputed areas.

The questionable legality of Resolution 2334 needs to be urgently resolved by the Security Council itself seeking an advisory opinion from the International Court of Justice (“ICJ”) under Article 96(a) of the United Nations Charter.

The General Assembly so acted when it sought an advisory opinion in 2003 from the ICJ on the legality of the security barrier erected by Israel.

That decision was fundamentally flawed because contrary to Article 65 (2) of the ICJ Statute - two vital documents – the Mandate for Palestine and Article 80 – were not included in the dossier of documents submitted to the ICJ for consideration by then UN Secretary General Kofi Annan – an omission never explained until today.

Give the ICJ half the documents and you will only get half a judgement.

Indeed the Egyptian Judge sitting on that case – Justice El Araby – cautioned 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.”

The Security Council needs to ensure that this time round the Mandate and Article 80 are put centre stage before the ICJ to consider when ruling on the legality of Resolution 2334. Justice for the Jewish People – and the standing, integrity and reputation of the United Nations – demands nothing less.

The Security Council cannot act in violation of the UN Charter – nor countenance any suggestion of illegality in its dealings with member States.

That is a certain recipe for absolute disaster.

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'For as long as these antisemites wrap themselves up in the Palestinian flag, too many people are willing to turn a blind eye. Only against Jews is this type of racism openly tolerated. It is flourishing in schools, colleges, universities, unions and in city councils. In fact, so rampant is the disease now, in some settings you can be ostracised if you do not partake in the frenzy yourself. Bashing Jews has becomes a trendy position for the ignorant social justice warrior. "Palestinianism" is a viral "ponzi scheme" and as it spreads, it carries antisemitism in the undergrowth.' David Collier (2017)

'This new rise in antisemitism, which I had thought long dead, was not shaven-headed white imbeciles from the far right. It was Muslims, a large chunk of it.... Suddenly I grasped that the British far left didn’t want people to know about antisemitism because it pointed the finger at people they really, really liked. From that moment on, it all fell into place.... Time and again the same tropes emerged, the same sort of stuff that Streicher and Goebbels would have commended – and uttered.... And from that a whole bunch of other stuff emerged: the old blood libel business (a favourite of the repulsive Jenny Tonge).... Nice, avuncular, Jeremy Corbyn, with his peace badges, happily laying a wreath at the graveside of Palestinian terrorists who murdered innocent Jewish athletes, oh, and much much more.... It is the same antisemitism, exactly the same: the obsession with Israel to the exclusion of everything else, the conspiracy theory paranoias, the derangement.... Here’s the test – if you cannot see the flagrant racism in the BDS movement, and if you are obsessed with the perfidy of the Middle East’s only democracy to the exclusion of all else, you are an antisemite. That means a good proportion of the Labour Party, including the leader, and almost all of Momentum: no brown shirts, no marching bands, but the same old filth, dressed in the clothes of a polytechnic geography lecturer.'
Rod Liddle (2018)

'Before the June 1967 Six Day War, there were no such things as "settlements". Palestinians were trying to destroy and displace Israel anyhow. The core problem is not, and never was, "settlements," but the right of Israel (or any non-Muslim nation) to exist inside any borders in that part of the world.
If you take a stand that is based on a lie, then that stand cannot succeed. If you try to oppose antisemitism but pretend it is the same thing as "Islamophobia," then the structure on which you have made your stand will totter and all your aspirations will fail. If you try to make a stand based on the idea that settlement construction rather than the intransigence of the Palestinians to the existence of a Jewish state is what is holding up a peace deal, then facts will keep on intruding.' Douglas Murray (31 December 2016)
https://www.gatestoneinstitute.org/9685/britain-little-lies

'Islamophobia does NOT come from the same wellspring of hatred as antisemitism. Antisemitism is a true prejudice because the hatred and demonisation it promotes derive entirely from lies and a repudiation of rationality itself.
Islamophobia is a false allegation of prejudice which is deployed to silence rational criticism based on actual facts about attitudes and practices within the Islamic world.
[L]ethally compromised even-handedness is to misunderstand, and thus minimise, antisemitic attitudes and behaviour while shutting down legitimate and necessary discussion of the threat from the Islamic world – even to demonise as “Islamophobic” anyone who draws attention to the extent and consequences of Muslim antisemitism.' Melanie Phillips (14 December 2016)

Jews have re-assumed the role of the canary in the mine and are the first to be targeted, but the world would face the same threat if Jews did not exist. Israel has been at the front lines confronting Islamic extremism but has received scant support... For Jews, the writing has been on the wall for a long time. The virulence of the antisemitic hatred closing in on Jews in Europe (and elsewhere) is horrifying...
Europe is today facing a crisis as serious as the confrontation with Nazism. If Western leaders continue behaving like Chamberlain and fail to stand up to this global threat, it could usher in a new Dark Age in which the Judeo-Christian culture is subsumed by primitive barbarism. The writing is on the wall Isi Leibler (12 January 2015)

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

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