A UN Resolution to Recognize a Palestinian State
within the "1967 Borders" Would Be Illegal
- The following is a letter drafted jointly by lawyers of the Legal Forum for Israel and by Amb. Alan Baker, Director of the Institute for Contemporary Affairs at the Jerusalem Center for Public Affairs.
- The letter is directed to the Secretary-General of the United Nations, and signed by jurists and international lawyers from around the world.
- The letter cautions the Secretary General as to the inherent illegality and harm to the UN and to the Middle East peace process which would be caused by the adoption of a resolution declaring a Palestinian state and determining its borders.
May 25, 2011
His Excellency Ban Ki-Moon,
Secretary-General of the United Nations,
1st Avenue & 44th St.
New York, NY 10017
Excellency,
Re: The Proposed General Assembly Resolution to Recognize a Palestinian State "within 1967 Borders" - An Illegal Action
We, the undersigned, attorneys from across the world who are involved in general matters of international law, as well as being closely concerned with the Israeli-Palestinian dispute, appeal to you to use your influence and authority among the member states of the UN, with a view to preventing the adoption of the resolution that the Palestinian delegation intends to table at the forthcoming session of the General Assembly, to recognize a Palestinian state "within the 1967 borders."
By all standards and criteria, such a resolution, if adopted, would be in stark violation of all the agreements between Israel and the Palestinians, as well as contravening UN Security Council Resolutions 242 (1967) and 338 (1973) and those other resolutions based thereon.
Our reasoning is as follows:
Re: The Proposed General Assembly Resolution to Recognize a Palestinian State "within 1967 Borders" - An Illegal Action
We, the undersigned, attorneys from across the world who are involved in general matters of international law, as well as being closely concerned with the Israeli-Palestinian dispute, appeal to you to use your influence and authority among the member states of the UN, with a view to preventing the adoption of the resolution that the Palestinian delegation intends to table at the forthcoming session of the General Assembly, to recognize a Palestinian state "within the 1967 borders."
By all standards and criteria, such a resolution, if adopted, would be in stark violation of all the agreements between Israel and the Palestinians, as well as contravening UN Security Council Resolutions 242 (1967) and 338 (1973) and those other resolutions based thereon.
Our reasoning is as follows:
1. The legal basis for the establishment of the State of Israel was the resolution unanimously adopted by the League of Nations in 1922, affirming the establishment of a national home for the Jewish People in the historical area of the Land of Israel. This included the areas of Judea and Samaria and Jerusalem, and close Jewish settlement throughout. This was subsequently affirmed by both houses of the U.S. Congress.
2. Article 80 of the UN Charter determines the continued validity of the rights granted to all states or peoples, or already existing international instruments (including those adopted by the League of Nations). Accordingly, the above-noted League resolution remains valid, and the 650,000 Jews presently resident in the areas of Judea, Samaria and eastern Jerusalem reside there legitimately.
3. "The 1967 borders" do not exist, and have never existed. The 1949 Armistice Agreements entered into by Israel and its Arab neighbors, establishing the Armistice Demarcation Lines, clearly stated that these lines "are without prejudice to future territorial settlements or boundary lines or to claims of either Party relating thereto." Accordingly, they cannot be accepted or declared to be the international boundaries of a Palestinian state.
4. UN Security Council Resolutions 242 (1967) and 338 (1973) called upon the parties to achieve a just and lasting peace in the Middle East and specifically stressed the need to negotiate in order to achieve "secure and recognized boundaries."
5. The Palestinian proposal, in attempting to unilaterally change the status of the territory and determine the "1967 borders" as its recognized borders, in addition to running squarely against Resolutions 242 and 338, would be a fundamental breach of the 1995 Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, in which the parties undertook to negotiate the issue of borders and not act to change the status of the territories pending outcome of the permanent status negotiations.
2. Article 80 of the UN Charter determines the continued validity of the rights granted to all states or peoples, or already existing international instruments (including those adopted by the League of Nations). Accordingly, the above-noted League resolution remains valid, and the 650,000 Jews presently resident in the areas of Judea, Samaria and eastern Jerusalem reside there legitimately.
3. "The 1967 borders" do not exist, and have never existed. The 1949 Armistice Agreements entered into by Israel and its Arab neighbors, establishing the Armistice Demarcation Lines, clearly stated that these lines "are without prejudice to future territorial settlements or boundary lines or to claims of either Party relating thereto." Accordingly, they cannot be accepted or declared to be the international boundaries of a Palestinian state.
4. UN Security Council Resolutions 242 (1967) and 338 (1973) called upon the parties to achieve a just and lasting peace in the Middle East and specifically stressed the need to negotiate in order to achieve "secure and recognized boundaries."
5. The Palestinian proposal, in attempting to unilaterally change the status of the territory and determine the "1967 borders" as its recognized borders, in addition to running squarely against Resolutions 242 and 338, would be a fundamental breach of the 1995 Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, in which the parties undertook to negotiate the issue of borders and not act to change the status of the territories pending outcome of the permanent status negotiations.
Read the rest of this letter on: JCPA
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Ephraim when are you coming?
Ephraim when are you coming?
Ephraim and Yudah we have to make a choice or the world shall do it...... .
Please let us come together in Prayer (by singing/praying The Song of Moshe and The Song of The Lamb) and Teshuvah in the Love of Yeshuath YHWH. Yehudah, Ephraim and all 'the called out ones', Until comes in fulfillment, Zec 12:10 And I will pour upon the house of David (The whole House of Israel, Jews and Ephraim), and upon the inhabitants of Yerushalayim, the spirit of grace and of supplications: and they shall look upon me whom they have pierced, and they shall mourn for him, as one mourned for his only son, and shall be in bitterness for him, as one that is in bitterness for his firstborn. If you have a Prayer Request go to: http://www.thewatchmenfromisrael.com/prayer-request-contact.php And maybe you like to sign the petition for Ephraim: http://www.thewatchmenfromisrael.com/sign-the-petition-for-ephraim.php
So what can We say? Yudah and Ephraim – Israelites! Not Arab, Roots in Judea and Samaria. The truth has to come up: Is there a possibility that more than thousand Ephraimites sign a document for an Ephraimite counsel with an embassy in Jerusalem with the desire to be recognized and the possibility to live in their Elohim given Land without becoming a Jew but living together with the Jews as Israel? Click: Sign the petition for Ephraim That their comes an 'Ephraim-Mars' to the Land of Israel filled with Love and Compassion from Abba YHWH for the Jews and our Land.... .
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