International Law, Palestinian Statehood and Israeli Security

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From the beginning, when that primal swerve toward human fragmentation in world politics first became apparent, states and empires have negotiated treaties to provide security. Strictly speaking, these formal agreements, in written form, are always fashioned and tested according to pertinent international law. Oftentimes, of course, disputes will arise whenever particular signatories should decide that continued compliance is simply no longer in their own “national  interest.”

For the moment, Israel’s 1979 Peace Treaty with Egypt still remains in place. Still, any continuing regime change in Cairo could spell the “sudden death” of this agreement. The same risks apply even to the extent that the military governing council’s leaders could decide that the treaty with Israel should be terminated.

Any post-Mubarak regime that would extend some governing authority to the Muslim Brotherhood, or to its proxies, could result in a prompt Egyptian abrogation. Although any such willful cessation of treaty obligations by the Egyptian side would almost certainly be in violation of The Vienna Convention on the Law of Treaties, the governing “treaty on treaties,” there is also very little that either Israel or the “international community” would be able to do in response.

For Israel, this should bring to mind the particular dangers of Palestinian statehood. In June 2009, Prime Minister Benjamin Netanyahu first officially agreed to the creation of a Palestinian state.  But, with an apparent nod to prudence, he conditioned this acceptance upon Palestinian “demilitarization.” More precisely, said the Prime Minister: “In any peace agreement, the territory under Palestinian control must be disarmed, with solid security guarantees for Israel.”

This agreement seemingly represented a “smart” concession, but only if there can ever be any reasonable expectations of corollary Palestinian compliance. In fact, such expectations are entirely implausible. This is the case not only because all treaties and treaty-like agreements can be broken, but because, in this specific case, any post-independence Palestinian insistence upon militarization would likely be lawful.Neither Hamas nor Fatah, now bonded together in a new unity pact, would ever negotiate for anything less than full sovereignty.

International lawyers seeking to discover any “Palestine-friendly” sources of legal confirmation could conveniently cherry-pick pertinent provisions of the 1934 Convention on the Rights and Duties of States, the treaty on statehood, sometimes called the Montevideo Convention. They could apply the very same strategy of selection to the 1969 Vienna Convention on the Law of Treaties.

International law is not a suicide pact. Israel has a “peremptory” right to remain “alive.” It was proper for Mr. Netanyahu to have previously opposed a Palestinian state in any form. After all, both Fatah and Hamas still see all of Israel as part of “Palestine.”

International law need not expect Palestinian compliance with any pre-state agreements concerning armed force. This is true even if these agreements were to include certain explicit U.S. security guarantees to Israel.  Also, because authentic treaties can be binding only upon states, a non-treaty agreement between the Palestinians and Israel could quickly prove to be of little or no real authority, or effectiveness. This is to say nothing of the byzantine connections between Fatah, Hamas, the Islamic Resistance Movement, and the Egyptian Muslim Brotherhood.

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  • ObamaYoMoma

    The reality is in Islam Sharia (Islamic law) supersedes all manmade laws, as Muhammadans view all manmade laws, including all international laws, international conventions, and international treaties as abominations that must be obliterated. Sharia is the divine will of God (Allah) and as such it is infallible and perfectly just, whereas manmade laws, on the other hand, are fallible and unjust by default since they emanate from infinitely fallible man.

    In addition, all treaties (hudnas) made between believers and unbelievers are only temporary and intended to be broken when the conditions are ripe, per Muhammad’s treaty of Hudaibiya. In other words, the genocidal jihad being waged against Israel by the Islamic world will continue to be waged perpetually regardless of any and all peace processes intended to weaken Israel and to dupe gullible useful idiot unbelievers, or otherwise any and all peace treaties (temporary hudnas) between believers and unbelievers intended to lull Israel into a false sense of security and to dupe gullible useful idiot unbelievers.

  • crackerjack

    lets be honest for once………………..

    Pali statehood is the only option. If Israel wanted to annex, it could have long ago, but Isarel doesn't want a few million Arabs integrated into its territory. They would either have to be expulted or subdued with some form of Apardheit.

    • ObamaYoMoma

      ets be honest for once………………..

      Pali statehood is the only option. If Israel wanted to annex, it could have long ago, but Isarel doesn't want a few million Arabs integrated into its territory. They would either have to be expulted or subdued with some form of Apardheit.

      Okay, let’s be honest. If the conflict truly were a conflict between two disparate people that didn’t involve Muhammadans, a Palestinian state could possibly be a viable solution. However, the reality is the conflict is not really a conflict at all but instead a permanent and perpetual genocidal jihad of conquest being waged against the Jewish unbelievers by the Islamic world via their proxies the so-called Palestinians, and as such the jihad, like all jihads in the past and like all jihads currently in the present, is permanent and will continue to be waged against Israel perpetually as long as Israel continues to survive and regardless of any and all fake peace processes used to weaken Israel and to dupe gullible useful idiots.

      The problem is Islam divides the world between the believers and the unbelievers and then applies one set of rules and ethics for believers and a completely different set of rules and ethics for unbelievers, as the fundamental mission and main goal of Islam is the subjugation of the world into Islamic totalitarianism via the imposition of Sharia.

      Thus, the jihad of conquest the Islamic world is waging perpetually against the Jewish unbelievers in Israel is a manifestation of this holy obligation to subsume the world for Islam and is no different from the many other jihads of conquest the Islamic world is also simultaneously waging perpetually against the Hindu unbelievers in Kashmir, Jammu, Mumbai, and India, against the Buddhist unbelievers in Thailand, against the Christian unbelievers in the Philippines, against the atheist and Christian Orthodox unbelievers in Chechnya and Russia, against the Christian and animist unbelievers in the Ivory Coast, against the Christian Serb unbelievers in Bosnia and Kosovo, etc., etc., etc. ad nauseum.

      It is also the reason why unbelievers living in every Muhammadan majority country in the world as dhimmis are without exception violently oppressed and systematically persecuted when not outright slaughtered altogether, as again Islam applies a completely different set of rules and ethics for unbelievers.

      In other words, never ever listen to or believe what Muhammadans say. Instead, pay attention to what they do, as actions speak louder than words. You and the world will be far better off that way.

    • ziontruth

      "Pali statehood is the only option."

      For a group of people to be entitled to be a state, they must first be a nation, and prove their nationhood with positive traits (not negative facts like "We were pwned by the Jews in 1948"). The Arab settler-colonists in the Land of Israel flunk that requirement big time.

      "They would either have to be expulted…"

      Now you're talking! That's what should have been done for the Sudeten-Germans in Czechoslovakia back in 1919, and was finally done in 1945, after a bloody war of which Sudeten-German irredentism was one of the openings. And so it must be done to the Sudeten-Arabs, the falsely-called "Palestinians." To crown it all: It's what the Torah calls for doing.

      "…or subdued with some form of Apardheit."

      No, apartheid is unsustainable. And again, it's not the Torah's way. Jewish Law's view of the nation-state is neither multiculturalism nor apartheid but the exclusivist and ethnically homogenous state. I'd think, after the 20th century, people ought to know putting multiple nations under the same political roof spells disaster. But it is customary for the Far Left to insist that failed ideas are not really failed ideas but just have never really been tried, and next time they will of course succeed…

    • John

      Let's "you" be honest for once crackerjack. You only seem to side against Israel because all of your constant anti-semetic, pro-Palestinian rhetoric says so. You don't know history, neither current nor past. Go read the "Haifa Workers Council" posters of 1948 to see that they (meaning ISRAEL) tried to get the Arabs to stayed and work together, not leave their homes and jobs. But these days why would anyone want to have devisive and aggressive destroyers in their country? Israel is actually trying to build something, not destroy everything in sight unlike your Palestinian/Hamas friends. But any truth is apparently wasted on you because you are blinded by your prejudice against Israel. Therefore, you are not revelant here. Go hang with your Muslims friends. Goodbye.

      • Tim Bus

        Go hang with your Muslims friends.



    • STP

      It's because Israel supports a 2-state solution cracker-don't-know-jack.

  • StephenD

    The world doesn't listen. Hamas has NEVER BACKED AWAY from its goal of destroying Israel; not for any concessions, not for any land, not for any treaty. And Hamas is NO DIFFERENT than the balance of the Islamic world that seeks either seemingly peacefully or through  outright violent actions to subjugate the balance of the world for Islam. There is no in between. The only criteria for you to be an enemy is not for you to have "disputed" land or "occupy" their land but merely to not believe the way they do. THAT'S IT! And no "Moderate" and no politician and no Kumbayah left wing preachers can change this fact. Followers of Islam will NEVER STOP in their mandated goal of converting the entire world to Islam…however they have to.

  • g_jochnowitz

    The danger Israel faces is growing every day. Iran's leaders are advancing in their plan, announced by "moderate" President Rafsanjani in 2001, to sacrifice half their population in order to destroy Israel.

    So what should Israel do about the Palestinians? When Israel withdraws from territory, as it did from Lebanon in 2000 and from Gaza in 2005, anti-Israel hatred zooms up. When Israel defends itself militarily, as it did with Operation Cast Lead, anti-Israel hatred zooms up. When Israel does nothing much, as it is doing now, anti-Israel hatred zooms up.

  • BS77

    When people tell you repeatedly they are going to kill you, destroy your home, destroy your country….do you reward them with your own land, give them more opportunities to attack you and kill your neighbors? No …you give them nothing. If they attack you attack back.
    Let them live in Jordan or Syria. Let them live in Egypt or Lebanon. The Muslim nations have a thousand times more land area than Israel. The Muslims outnumber Israelis 100 to 1…..but they can't stand that there is a non Muslim nation in their midst and they want to destroy it. Part of the destruction plan is to wedge themselves inside the land of Israel and create more war, more terror and more suffering.

    Give them nothing. Tell them to make their own lives work….build businesses, farms, colleges… Gaza and the West Bank…learn to live like civilized people and enjoy the fruits of their labor. Why is this so hard to comprehend?

  • fxgeorges

    Why a Palestinian state represents a mortal danger to Israel

    That's fairly easy to answer. All anyone has to do is look what happened in the original 2 state solution: War was declared on Israel.

    • Guest

      All what one has to do is; look at the map of the Middle East, remember the history of the Islamic religion and understand that it is very simple.

      They will never lets Israel be! They will multiply and continue to have only one ambition; kill all the Jews in Israel and around the world.

      As long as the western world, including the Jews does not make peace with those facts, it will continue and gets worse.

      Two state solution is no solution it is part of the plan for the second Genocide!!!!!!!!!!

  • Sonshinepatriot

    Sir Winston Churchill (The River War, first edition, Vol. II, pages 248-50 (London: Longmans, Green | 1899 "How dreadful are the curses which Mohammedanism lays on its votaries! Besides the fanatical frenzy, which is as dangerous in a man as hydrophobia in a dog, there is this fearful fatalistic apathy. The effects are apparent in many countries. Improvident habits, slovenly systems of agriculture, sluggish methods of commerce, and insecurity of property exist wherever the followers of the Prophet rule or live. A degraded sensualism [72 virgins, I'm assuming] deprives this life of its grace and refinement; the next of its dignity and sanctity. The fact that in Mohammedan law every woman must belong to some man as his absolute property, either as a child, a wife, or a concubine, must delay the final extinction of slavery until the faith of Islam has ceased to be a great power among us.

  • LindaRivera

    The nations know exactly what they are doing when they demand little Israel surrender half her BIBLICAL and historical homeland and half of the eternal Jewish city of Jerusalem to global Islam. An illegitimate Muslim terror state implant would reduce israel at mid-section to 9 miles wide INDEFENSIBLE, Auschwitz borders.

    The nations KNOW that the Muslims plot a Second Holocaust against Jews. Hitler's 'Mein Kampf' is a best seller in the Jew-hating Muslim Middle East and is a top-selling Eid present among Muslims in Bangladesh. The infamous Muslim saying: 'First the Saturday people (Jews) and second the Sunday people (Christians). Jews are targeted first, Christians are targeted second.

  • Will C.

    Just stand back and see what happens. Israel is God's people and He "WILL" protect what is His. The very end of man's rule here on earth is fast coming to an end and God will judge :ALL" the nations. Jesus Christ will "RULE" the earth and all violence and fighting and satanic influences,ETC., ETC., ETC. will "END"!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!. PERIOD!

  • Justice4all

    Why would Zionists want to discuss any peace agreement with the Palestinians when they have overwhelming military supremacy, seemingly ultimate power, and apparently bright future? Because the future is completely opposite and Zionists know it.

    1. All military powers in history with no exception ultimately came crashing down. Someone stronger always comes, and it does not take a rocket scientist to see (just look around you) this coming and not ending well for the current military power in Palestine. Forward-seeing Jewish people under the Zionist regime already started packing up and leaving for Australia, South America, and the U.S. before this occurs.

    2. It is obvious that the Zionist regime survives mainly because of its external allies who so far provided it with money, weapons, political support, access to markets, etc. After countless U.N. human rights violations, killing of its allies’ citizens (search on youtube for American “Rachel Corrie” video of Zionist bulldozer crushing her to death), forging of its allies’ passports in acts of murder, etc. its former allies are increasingly turning against the Zionist regime. Who would want to be remembered in history as an accomplice in international murders and especially of their own citizens.

    3. Not only that the list of remaining supporters is growing thinner, but an international coalition is formed and growing larger of countries that are cutting all economic and diplomatic relations with the Zionist regime.

    4. No country ever survived a complete isolation from its neighbors. No person of the area currently under Zionist occupation can obtain any type of visa from any of the surrounding countries for any reason – a complete land lock.

    5. Well attended speeches take place almost weekly at colleges and universities across the U.S. and the world condemning the Zionist regime, their remaining supporters, and companies that do any business there. These speeches are often lead by moral Jewish people, church leaders, business people, etc., in addition to traditional peace activists.

    6. The West where most of the traditional supporters of the Zionist regime are located is loosing global influence. China, the Middle East, South East Asia, Russia, South America, etc. are emerging as new pockets of economic and political power where the Zionist regime has angered most of the population.

    7. Not only that the West is declining, but Zionists are loosing political control in the declining West. Diversity is bringing minority groups into politics, groups that are actively opposing the Zionist regime.

    In conclusion, the Zionist regime is negotiating now because its future is changing for much worse. It knows that it temporarily exists now only through the force of its arms and this will be short-lived. It knows that it is at its peak and a downturn has come. It is a mistake to negotiate with the Zionist regime at the present time. But, if you have to negotiate, do not accept anything less than a single region in question (single state) where all who live there are equal. Any other “solution” would just reward the Zionist regime at the time of its demise. If the Zionist regime wants true piece, let’s not make it dependent on Zionist political and land acquisition goals, but on democratic vote for all who live there and making everyone equal (something we Americans cherish so passionately).

  • John York

    We Americans speak of freedoms, tolerance, and diversity, yet our government makes the Zionist occupation possible against our will, with our tax money, and making us accomplices in constant murders that the Zionist regime is committing including murders of our own American citizens (search on youtube for “Rachel Corrie” video of Zionist bulldozer crushing her to death). I am ashamed as an American that our politicians are controlled by the Zionist regime to such a terrifying extent. Tens of senators, state representatives, and ambassadors to foreign countries are Jewish. While I recognize that many are honest and against the Zionist regime, I am concerned about the fair representation of our will at the highest levels of our government. Just look on Wikipedia for “List of Jewish American politicians,” and visit to discover that all five Federal Reserve chairmen/chairwomen are Jewish, and almost all (9 out of 12) regional Fed chairmen/chairwomen are also Jewish. I never like to generalize, but Jews comprise only 2% of our population and they have so much power in the government and almost absolute power over our money supply and economic polices. I am just not comfortable that all Americans are being represented properly especially not on the Palestine occupation issue that I know most people do not support judging by the comments against the Zionist regime I hear everywhere. Urge your state representatives and senators to immediately stop any remaining support for the Zionist regime. Much of the support already stopped because of the increasing pressure on this issue, but we Americans need to completely distance ourselves from this oppressive regime and stop being accomplices in its murders! The world is also reacting. Who would want to be remembered in history as an accomplice to ruthless occupation? Many countries, companies, and countless moral individuals have already successfully implemented no relations with the Zionist government and others are implementing the same policy as we speak. Not travel there, not buy anything from it, not trade with it, not communicate with it, etc. Also do the same with any country that supports it because the Zionist government only survives because of its external supporters.

    The only way to oppose the Zionist controlled media and to take each other’s comments and copy, repost, email, and otherwise distribute them to other blogs, newspaper websites, Facebook, Twitter, and other social networking websites, and send/lobby to senators, state representatives and other public officials. Please do so with this comment for justice to prevail.

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    International law is the set of rules generally regarded and accepted as binding in relations between states and nations.It differs from national legal systems in that it only concerns nations rather than private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform.

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