Kedar is right and there is not one Arab who can defend the position with fact. It is just like saying Allah and YHWH are the same God. NO, the first is the Sin God, the second is the ONE GOD, I AM
“R242 is a general assembly resolution which is non-binding…”
It is not intrinsically binding, it’s true — but NOT because it’s a ‘General Assembly’ resolution.
Actually, Nigel, R-242 is a Security Council resolution — not a General Assembly one.
However, even Security Council resolutions are not all binding.
Only those issued under Chapter VII of the UN Charter [“Threats to the peace, breaches of the peace, acts of aggression,” Art. 39-51] — and explicitly invoked as such — are intrinsically binding; viz., subject to armed enforcement.
For example, those that were issued by the Council in re the ’91 Gulf War, as well as Res. 1973 (of last year) in re Lybia.
UNSC 242 did not invoke Chapter VII.
At most, it might perhaps (by interpretation) be considered to have been issued per Chapter VI [“Pacific settlement of disputes”]
— and these are not binding, not enforceable by recourse to arms; like General Assembly resolutions, they are only suggestions or proposals, strictly hortatory.
” … however G-d does not always keep HIS PROMISES.
See -2nd world war.. Holocaust. And prior to that Millions of Jewish deaths through progroms, crusades, expulsions and on.. and on…and on.”
How does the second line prove the first?
He promised the existence of the Jewish People would be eternal.
Didn’t promise it would be idyllic.
You cannot erase Jerusalem from the koran? LOL, Jerusalem is not even mentioned in the koran.
Point taken.
R242 is a recommendation only but since both sides, Israel and the Palestinians, accepted it, it is part of the horrid Oslo Accords. In fact getting Arafat to accept it was a pre-condition to the Accords. As I said there have been fundamental breaches entitling Israel to abrogate it but Israel has chosen not to.
Nigel:
More important is that this is land promised to the Jewish people by G-d.
You are correct, however G-d does not always keep HIS PROMISES. See -2nd world war.. Holocaust. And prior to that Millions of Jewish deaths through progroms, crusades, expulsions and on.. and on…and on.
If Israel has not abrogated Oslo, after all these years, do you honestly think she will do it now? With so much turmoil in the mideast at this juncture, the timing could not be worse. After all Israel has enough on its plate with the Iranian crises, precipitating another crises would not be wise. And that is why it is not about to happen. Bibi is not that stupid.
I disagree Ted. R242 is a general assembly resolution which is non-binding and the fact that a Labor led government accepted it does not compel subsequent administrations to accept it, as it is contingent on a just and lasting peace agreement which is demonstrably unachievable with a belligerent interlocutor that blatantly refuses to recognise the Jewish nature of the State of Israel.
The Mandate (prior to Britain breaking its promise) and the League of Nations’ San Remo Conference cofirmed by the US Congress, which is still international law, acknowledges that Jewish settlement is totally legal throughout Judea and Samaria.
More important is that this is land promised to the Jewish people by G-d.
Ted, the fact that successive governments have failed to assert Israel’s legitimate ownership of Yesha does not invalidate either history or international law.
Israelis have had the misfortune of electing governments that don’t act according to the country’s best interests, and that often change course once in office, to Israel’s detriment.
~~~~~~~~
And, please, don’t get me started on the Red Cross….
Israpundit readers are familiar with the role the Red Cross played during and after the Holocaust, and later taking the side of Arab terrorists against Israel.
Red Cross admits they knew about the Holocaust but kept silent
The International Court of Justice has only an advisory role, as you say, and its rulings have been extremely anti-Israel all along. A court can only interpret the law – and international law clearly states that the UN must abide by all League of Nations previous agreements, including those of the Mandate for Palestine.
~~~~~~~~
If those anti-Israel UN resolutions are still cited is because Israeli governments have buckled when they needed to stand firm with Israel.
~~~~~~~~~~~~~
And that’s the heartbreaking reality. Jews don’t have their own government on their side. On the contrary.
A random sample of recent news:
– Israel sends the IDF to protect illegal Arab housing from demolition by Jerusalem police.
Activists charge senior IDF and police officials systemically refused to carry out demolition orders in eastern Jerusalem, or even allow inspectors access, frequently citing “security concerns” as the reason for inaction.
Please note that Israeli sales to the PA reached US$3,492 in 2011. Who would want to jeopardize that by implementing harsher policies to prevent terror.
And that “thousands of tons of construction materials for international projects have been shipped into Gaza, and a pilot for the recovery of ten local private factories in Gaza has commenced.”
~~~~~~~
It may appear as if I’ve veered off subject, but it’s all connected. There are interests behind the apparent incompetence of this and past Israeli governments, their pro-Arab bias, and their unwillingness to assert sovereignty over Yesha (and Gaza and Sinai in the past).
We should not gush over Mordechai Kedar’s defense of Jerusalem when he dismisses ancient Jewish land as without ownership, taken in a war, and subject to negotiation. Israel’s heartland is not negotiable.
Kedar is right. Even though we have San Remo and the Mandate in our favour, after the Six Day war in ’67, Israel never claimed sovereignty over J&S. Israel choose to call these lands disputed because R242 which Israel accepted says she can keep some of it.
The International Red Cross who is in command of the Geneva Convention considers the land occupied. The International Court of Justice in an advisory opinion, determined that it was occupied land pursuant to the Geneva Convention. But this opinion is not binding. In fact the Geneva Convention should not apply at all because the land is not “occupied” as Kedar points out.
As soon as Israel abrogates the Oslo Accords, it will be able to exercise sovereignty over the land because she controls it.
DISGUSTING! Absolutely disgusting!
I don’t understand how his ardent defense of Jerusalem can mean anything at all in the context of his blatant delegitimization of Judea, Samaria and the rest of the “West Bank”.
The “West Bank” – he says – does not belong to anyone in the world, like Antarctica. OMG! Can anyone give this guy a refresher in Jewish history? NO, wait, he’s a university professor already!
Maybe the government representing the Jews of Israel can set him straight. No. the PM of Israel is eagerly trying to get the PA to take this land, please.
Well, maybe the Israeli courts will show appropriate respect for national and international law and recognize Israel’s right to the land. Nope again. They would, if they could, send all settlers packing.
It’s so embarrassing……. No wonder Arab claims get more and more outrageous:
“A Judean Shekel coin from the year 66 CE, the first year of the Jewish rebellion against Rome, was sold for $1.1 million this past week at an auction in New York. The words in Hebrew “Shekel of Israel [Year] 1” are printed on the front of the coin, and “Jerusalem the holy” appears on the back. [New York Post, March 10, 2012]
The official Palestinian Authority daily in writing about the auction described the Hebrew coin from the Second Temple period as an ‘ancient Palestinian coin’ and as being part of the ‘Palestinian cultural tradition’.”
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Kedar is right and there is not one Arab who can defend the position with fact. It is just like saying Allah and YHWH are the same God. NO, the first is the Sin God, the second is the ONE GOD, I AM
It is not intrinsically binding, it’s true — but NOT because it’s a ‘General Assembly’ resolution.
Actually, Nigel, R-242 is a Security Council resolution — not a General Assembly one.
However, even Security Council resolutions are not all binding.
Only those issued under Chapter VII of the UN Charter [“Threats to the peace, breaches of the peace, acts of aggression,” Art. 39-51] — and explicitly invoked as such — are intrinsically binding; viz., subject to armed enforcement.
For example, those that were issued by the Council in re the ’91 Gulf War, as well as Res. 1973 (of last year) in re Lybia.
UNSC 242 did not invoke Chapter VII.
At most, it might perhaps (by interpretation) be considered to have been issued per Chapter VI [“Pacific settlement of disputes”]
— and these are not binding, not enforceable by recourse to arms; like General Assembly resolutions, they are only suggestions or proposals, strictly hortatory.
How does the second line prove the first?
He promised the existence of the Jewish People would be eternal.
Didn’t promise it would be idyllic.
You cannot erase Jerusalem from the koran? LOL, Jerusalem is not even mentioned in the koran.
Point taken.
R242 is a recommendation only but since both sides, Israel and the Palestinians, accepted it, it is part of the horrid Oslo Accords. In fact getting Arafat to accept it was a pre-condition to the Accords. As I said there have been fundamental breaches entitling Israel to abrogate it but Israel has chosen not to.
Nigel:
You are correct, however G-d does not always keep HIS PROMISES. See -2nd world war.. Holocaust. And prior to that Millions of Jewish deaths through progroms, crusades, expulsions and on.. and on…and on.
If Israel has not abrogated Oslo, after all these years, do you honestly think she will do it now? With so much turmoil in the mideast at this juncture, the timing could not be worse. After all Israel has enough on its plate with the Iranian crises, precipitating another crises would not be wise. And that is why it is not about to happen. Bibi is not that stupid.
I disagree Ted. R242 is a general assembly resolution which is non-binding and the fact that a Labor led government accepted it does not compel subsequent administrations to accept it, as it is contingent on a just and lasting peace agreement which is demonstrably unachievable with a belligerent interlocutor that blatantly refuses to recognise the Jewish nature of the State of Israel.
The Mandate (prior to Britain breaking its promise) and the League of Nations’ San Remo Conference cofirmed by the US Congress, which is still international law, acknowledges that Jewish settlement is totally legal throughout Judea and Samaria.
More important is that this is land promised to the Jewish people by G-d.
Ted, the fact that successive governments have failed to assert Israel’s legitimate ownership of Yesha does not invalidate either history or international law.
Israelis have had the misfortune of electing governments that don’t act according to the country’s best interests, and that often change course once in office, to Israel’s detriment.
~~~~~~~~
And, please, don’t get me started on the Red Cross….
Israpundit readers are familiar with the role the Red Cross played during and after the Holocaust, and later taking the side of Arab terrorists against Israel.
Red Cross admits they knew about the Holocaust but kept silent
http://www.nytimes.com/1996/12/19/us/red-cross-admits-knowing-of-the-holocaust-during-the-war.html
~~~~~
Red Cross and Vatican helped thousands of Nazis escape
http://www.guardian.co.uk/world/2011/may/25/nazis-escaped-on-red-cross-documents
~~~~~~
Israel arrests Hamas members sheltered by Red Cross for 18 months
http://www.reuters.com/article/2012/01/23/us-israel-hamas-idUSTRE80M1Z120120123
~~~~~~~~~~~~~~~~
The International Court of Justice has only an advisory role, as you say, and its rulings have been extremely anti-Israel all along. A court can only interpret the law – and international law clearly states that the UN must abide by all League of Nations previous agreements, including those of the Mandate for Palestine.
~~~~~~~~
If those anti-Israel UN resolutions are still cited is because Israeli governments have buckled when they needed to stand firm with Israel.
~~~~~~~~~~~~~
And that’s the heartbreaking reality. Jews don’t have their own government on their side. On the contrary.
A random sample of recent news:
– Israel sends the IDF to protect illegal Arab housing from demolition by Jerusalem police.
Activists charge senior IDF and police officials systemically refused to carry out demolition orders in eastern Jerusalem, or even allow inspectors access, frequently citing “security concerns” as the reason for inaction.
http://www.israelnationalnews.com/News/News.aspx/153297
~~~~~~
– Government has for years allowed systematic destruction of antiquities at Temple Mount
http://www.israelnationalnews.com/News/News.aspx/153721
~~~~~~
– Tender Loving Care displayed by Israeli government towards PA and Gaza economies.
Government report citing facts and figures.
http://www.imra.org.il/story.php3?id=56109
Please note that Israeli sales to the PA reached US$3,492 in 2011. Who would want to jeopardize that by implementing harsher policies to prevent terror.
And that “thousands of tons of construction materials for international projects have been shipped into Gaza, and a pilot for the recovery of ten local private factories in Gaza has commenced.”
~~~~~~~
It may appear as if I’ve veered off subject, but it’s all connected. There are interests behind the apparent incompetence of this and past Israeli governments, their pro-Arab bias, and their unwillingness to assert sovereignty over Yesha (and Gaza and Sinai in the past).
We should not gush over Mordechai Kedar’s defense of Jerusalem when he dismisses ancient Jewish land as without ownership, taken in a war, and subject to negotiation. Israel’s heartland is not negotiable.
Kedar is right. Even though we have San Remo and the Mandate in our favour, after the Six Day war in ’67, Israel never claimed sovereignty over J&S. Israel choose to call these lands disputed because R242 which Israel accepted says she can keep some of it.
The International Red Cross who is in command of the Geneva Convention considers the land occupied. The International Court of Justice in an advisory opinion, determined that it was occupied land pursuant to the Geneva Convention. But this opinion is not binding. In fact the Geneva Convention should not apply at all because the land is not “occupied” as Kedar points out.
As soon as Israel abrogates the Oslo Accords, it will be able to exercise sovereignty over the land because she controls it.
DISGUSTING! Absolutely disgusting!
I don’t understand how his ardent defense of Jerusalem can mean anything at all in the context of his blatant delegitimization of Judea, Samaria and the rest of the “West Bank”.
The “West Bank” – he says – does not belong to anyone in the world, like Antarctica. OMG! Can anyone give this guy a refresher in Jewish history? NO, wait, he’s a university professor already!
Maybe the government representing the Jews of Israel can set him straight. No. the PM of Israel is eagerly trying to get the PA to take this land, please.
Well, maybe the Israeli courts will show appropriate respect for national and international law and recognize Israel’s right to the land. Nope again. They would, if they could, send all settlers packing.
It’s so embarrassing……. No wonder Arab claims get more and more outrageous:
“A Judean Shekel coin from the year 66 CE, the first year of the Jewish rebellion against Rome, was sold for $1.1 million this past week at an auction in New York. The words in Hebrew “Shekel of Israel [Year] 1” are printed on the front of the coin, and “Jerusalem the holy” appears on the back. [New York Post, March 10, 2012]
The official Palestinian Authority daily in writing about the auction described the Hebrew coin from the Second Temple period as an ‘ancient Palestinian coin’ and as being part of the ‘Palestinian cultural tradition’.”