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Originally Posted by G-Man All you have is words with nothing to back them up. There is no legal (national or international) 'right' to this claim and none have ever been established. There is no historical precedent so where do you claim this 'right' from? Exactly which laws are you relying on? |
Contrary to your interpretation of the irrelevance of historic ties, UNSCOP noted, "it is a fact that both of these peoples have their historic roots in Palestine..." While this recognition of historic legitimacy was not a law per se, it helped guide UNSCOP's assessment of the Arab and Jewish cases.
Furthermore, UNSCOP undertook a comprehensive examination of the body of legal and policy documentation concerning the region. The documentation included British laws concerning the region, British immigration policies, the Balfour Declaration under which Britain committed to establishing a Jewish home, the League of Nations decision that gave Britain the Mandate in the region, the Peel Commission's study, etc. Those laws defined the rights and privileges of the peoples living in the territory. Those laws also gave Jewish immigrants full legal standing in the territory.
In the end, UNSCOP found that both the Arab and Jewish residents had strong cases. UNSCOP's decision was ratified by the UN General Assembly. Later, Israel was admitted to the UN as a full member.
That is very different from a situation in which there were no laws or no precedents. It is precisely because the weight of legal evidence supports recognition of the Jewish people having a legitimate case that UNSCOP's decision took into consideration their needs.
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The facts that Jewish groups say 'we used to live there so it belongs to us' does not provide evidence of anything.
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The Jewish case was about far more than historic legitimacy. At the time UNSCOP reached its decision, there were 600,000 Jewish residents living in the British territory. UNSCOP did not find the merits of their claims inferior to those of the 1,200,000 Arabs who resided there.
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Compromises? What compromise was offered between partition and the one-state solution - can you provide an example of even one?
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The Arabs refused to participate. UNSCOP considered a single state, a solution based on cantons, and partition. Given that the demands of the area's two peoples were in conflict and that conflict was irreconcilable, the compromise entailed meeting their core needs under which each would receive a sovereign state, but not would gain the entire region.
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UNSCOP was a 3rd party who sought to determine the future of those who lived on the land against the wishes of those who lived there.
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Under the League of Nations, Britain was recognized as the region's mandatory power, as it was no longer possessed by the Ottoman Empire. Britain had jurisdiction over the region. Hence, Britain had the authority to transfer the matter to the UN and the UN had the authority to work out and adopt a solution for bringing that territory to sovereignty.
While some modern-day rejectionists might loathe the decision, the bottom line was that the UN had proper legal authority to devise and adopt a solution for that territory. There are no legal documents or treaties that preclude that authority.
On April 2, 1947, British Ambassador Alexander Cadogan asked the UN to take charge of that process. He wrote, "His Majesty's Government in the United Kingdom request the Secretary-General of the United Nations to place the question of Palestine on the Agenda of the General Assembly at its next regular Annual Session. They will submit to the Assembly an account of their administration of the League of Nations Mandate and will ask the Assembly to make recommendations, under Article 10 of the Charter, concerning the future government of Palestine."
On April 13, 1947, the UN General Assembly included "Constituting and Instructing a Special Committee to prepare for the Consideration of the Question of Palestine at the Second Regular Session" on its agenda.
On April 29, 1947, the UN General Assembly adopted the agenda that included that item.
On May 1, 1947, an Arab-led bid to block the item from the UN's agenda was defeated 24-15 in the General Assembly.
On May 15, 1947, the UN General Assembly voted 45-7 to establish UNSCOP. UNSCOP was charged with, among other things:
The Special Committee shall conduct investigations in Palestine and wherever it may deem useful, receive and examine written or oral testimony, whichever it may consider appropriate in each case, from the mandatory Power, from representatives of the population of Palestine, from Governments and from such organizations and individuals as it may deem necessary;
...The Special Committee shall prepare a report to the General Assembly and shall submit such proposals as it may consider appropriate for the solution of the problem of Palestine.
On September 3, 1947, as per its mandate, UNSCOP issued its report. The report recommended a partition plan.
On November 29, 1947, the UN General Assembly approved a partition plan by a 33-13 margin.
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Q - if the Jews and Arabs have such irreconcilable differences how do they manage to live together in hundreds of nations across the world?
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The issue concerned strictly the Palestine region at a given period in time. It did not concern Arab-Jew relations elsewhere.
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Q - what core needs cannot be satisfied by a single secular state to which both peoples are citizens?
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The area's Arab and Jewish peoples were not living in a harmonious paradise of peaceful relations. Instead, UNSCOP found, "that the claims to Palestine of the Arabs and Jews, both possessing validity, are irreconcilable" and "The basic conflict in Palestine is a clash of two intense nationalisms." UNSCOP also explained, "Only by means of partition can these conflicting national aspirations find substantial expression and qualify both peoples to take their places as independent nations in the international community and in the United Nations."
UNSCOP directly addressed that question concluding, "It was apparent that the binational solution, though attractive in some of its aspects, would have little meaning unless provision were made for numerical or political parity between the two population groups, as provided for in the proposal of Dr. J. L. Magnes. This, however, would require the inauguration of complicated mechanical devices which are patently artificial and of dubious practicality."
Those circumstances and UNSCOP's rationale for its decision are quite clear.