Wednesday, December 05, 2012

That "State of Palestine"?

Alan Baker
  • The UN upgrade resolution has neither created a Palestinian state, nor did it grant any kind of statehood to the Palestinians. General Assembly resolutions, including the Palestinian upgrade resolution, can neither determine nor dictate international law or practice.
  • The areas of Gaza and the West Bank (Judea and Samaria) have never been determined in any legal document or agreement to be sovereign Palestinian areas. Both Israel and the Palestinians entertain claims over the areas in dispute.
  • After the Palestinian upgrade resolution, neither the status of Israel in the territories, nor that of the Palestinians, has changed in any way. The new claim voiced by the Palestinian leadership that Israel became, overnight, an occupant of Palestinian sovereign territory is without any basis.
  • None of the agreements signed between Israel and the Palestinians contain any limitation on building in the areas under their respective jurisdiction. The attempt by the Palestinian leadership to isolate the settlements issue and to turn it into a precondition for further negotiation undermines any chance of a return to viable negotiations.
  • The International Criminal Court (ICC) is not obliged to follow the recommendations of the UN General Assembly. The ICC has attempted, up to the present, to avoid having its independent juridical character politicized or otherwise compromised.
  • Futile attempts to initiate criminal charges against Israel and its leaders do not portend any willingness on the Palestinians' part to create the ambience of mutual trust and confidence necessary for a resumption of sincere and genuine negotiations.


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