Re: Israel's Goodwill Gestures Send Wrong Messages
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et al,
Many people have expressed the ideas simpler to those of Richard Falk, UN Special Rapporteur, United Nations High Commissioner for Human Rights in the occupied Palestinian territory (OHCHR oPt), that Israeli policies bore "unacceptable characteristics of colonialism, apartheid and ethnic cleansing".
There are several factors to consider:
• Do not confuse counter-terrorism (CT) measures in herding (carving out) of the threatening population [Hostile Arabs Palestinians (HoAP)] in such a way as to not further or facilitate injury to the Israeli Population.
• Do not confuse the establishment of a national security posture to assume borders which can be effectively defended against multiple assaults by Arab League Countries (ie 1948, 1967, 1973) with colonialism.
• Do not confuse the occupied Palestinian territories (oPt) with the deputed territories (formerly under Jordanian Sovereignty) abandon into the hands of the Occupying Power (Israel) under the principle of modes of acquiring territorial sovereignty pursuant to the 31 July 88 decree by King Hussein on the announced the severance of all administrative and legal ties with the occupied West Bank.
There mere act of discovery by one state is not enough to confer a title by occupation. There are two requirements:
(i) the territory subject to claim must not be under the sovereignty of nay state ( terra nullius)
(ii) the state must have effectively occupied the territory.
(INTERESTING VIEW BY AN OUTSIDE OBSERVER)
This coming November (2017) will mark the Golden Anniversary for the UN adoption of Resolution 181 (II); and the Centennial - 100th Anniversary of the Balfour Declaration. It will also mark the opening of the Civil War in Mandatory Palestine of a half-Century ago.
(COMMENT)
The allegation, of course, is that “unacceptable characteristics of colonialism, apartheid and ethnic cleansing”
(Richard Falk - 2014).
• Colonialism: It is ironic that the UN Special Rapporteur would mention "colonialism." The At present,
• 17 Non-Self-Governing Territories • (NSGTs) across the globe remain to be decolonized. It is the job of Committee 24 to monitor them. The 17 NSGT are located five (5) Regions of the world
: Africa, Atlantic and Caribbean, Europe, Pacific. See TERRITORIES TO WHICH THE DECLARATION ON THE GRANTING OF INDEPENDENCE TO COLONIAL COUNTRIES AND PEOPLES. There are NO NSGTs in the Middle East at all; including the State of Palestine or Jerusalem. There are only four (4) nations that are still colonial administrators: the UK, US, France, and New Zealand; Israel is not one of them.
• Apartheid: It and International Crime, defined by Article 7(2h) of the Rome Statues, International Criminal Court. Without regard to how anyone else might interpret the code, Elements to the Offense,
[/INDENT]
§ The conduct was committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups.
§ The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
• Ethnic Cleansing is actually covered under several different crimes. In this case the allegation is the "transfer, directly or indirectly, by the Occupying Power." To my knowledge. since the Occupation of the West Bank and Gaza Strip, there has been no transfer or deportations.