Attorneys to Ban: Halt unilateral Palestinian statehood

A few weeks ago I posted that a letter was sent to Ban Ki Moon by Yesha Council. I am trying to confirm whether these letters are the same. Go back and read the letter carefully. Also read the comment by Howard Grief. Ted Belman

By TOVAH LAZAROFF, JPOST

Int’l group of some 60 lawyers say UN resolution on statehood would be a violation of all past agreements between Israel, the Palestinians.

An international group of some 60 attorneys, including former Foreign Ministry legal adviser Alan Baker, has appealed to United Nations Secretary General Ban Ki-moon to prevent a General Assembly resolution on unilateral Palestinian statehood, based on the pre-1967 lines.

In a letter dated Wednesday, the attorneys noted that such a resolution would be a violation of all past agreements between Israel and the Palestinians. They added that it would also contravene UN resolutions 242 and 338.

According to the attorneys, the legal basis for the establishment of the state by the League of Nations in 1922 affirmed its presence on territories that included Judea, Samaria, and what is now east Jerusalem.

“This was subsequently affirmed by both houses of US Congress,” the attorneys stated.

According to Article 80 of the UN Charter, the attorneys said, rights granted to all states or people by already existing international instruments – including those adopted by the League of Nations – remain valid.

As a result, the attorneys said, the “650,000 Jews [who] presently reside in the areas of Judea and Samaria and eastern Jerusalem, reside there legitimately.”

The 1949 Armistice Agreement stated that these lines “are without prejudice to future territorial settlements or boundary lines, or to claims of either Party relating thereto,” the attorneys said. Therefore, they said, “the 1967 borders” do not exist, and have never existed.

Past resolutions have called for a negotiated solution to the conflict, the attorneys affirmed.

Additionally, attempts to unilaterally change the status of the territory would be a breach of the 1995 Israeli-Palestinian agreement on the West Bank and the Gaza Strip, the attorneys said.

When the Palestinians agreed to the Oslo Accords, they knew that the settlements existed and would be one of the issues that would be negotiated during talks for a permanent-status arrangement, the attorneys said.

The Olso Accords did not limit settlement activity, they added.

May 27, 2011 | 2 Comments »

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  1. Meanwhile our president makes the rounds in Europe to galvanise them to support the palestians attempt to unilateraly get a state in September. We have seen the anti-semitic Europe living up to its hostility against the jewish people once again; assisted by the far left sell-outs in Israel.

  2. Ted, I don’t think the “60 attorneys” referred to in this posting are part of the Yesha group who wrote the letter dated May 4. The rationale against the “unilateral declaration of Palestinian statehood” is drastically different: in this posting, the rationale revolves around UNSC Resolution 242 and the Oslo Accords, whereas the Yesha group went back to the fundamentals, i.e. the Legal Rights of the Jewish People to the Land of Israel.

    I believe the Yesha group’s initiative has far more weight. We are at a crossroads where additional appeasing band-aids won’t solve anything. There comes a time when a theory – which has proven itself to be faulty at its core – must be entirely questioned, and governing principles must be laid out forcefully.

    Every engineer knows that! Now is the time for lawyers and diplomats to catch up 🙂