After Annapolis: A Palestinian State And International Law

By Ted Belman

Rene Louis Beres is distinguished professor on international law. He has written a two part article with this title (PART I and PART II).

He points out

    The political existence of a state is always independent of recognition by other states. According to the governing Convention on Rights and Duties of States (Montevideo Convention): “Even before recognition, the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit….” This codified right will certainly be exploited by agents of “Palestine.”


and worries,

    Mahmoud Abbas and his “moderate” Palestinian Authority have made it clear that there really is no “two state solution” in the region. Rather, there is to be only one state, and that state is not Israel. It follows that as soon as Prime Minister Olmert begins to object to the disturbing details of any emerging agreement between the parties – an agreement of basically “Land For Nothing” – new waves of terror will sweep across Israel.

Sooner or later as suits them, they will declare a state and need no permission or recognition to do so.

He argues it’s disingenuous for Netanyahu to offer “autonomy” and not “sovereignty” because the “Palestinians know full well the difference between autonomy and sovereignty, and they will have nothing of the former”.

    Over time, of course, Palestine will energetically enlarge to include what little remains of “Occupied Palestine.” No one ought to be surprised. Let us be fair. The Palestinian Authority has always been completely honest about its violent intentions. For them, violence against Jews offers a voluptuousness all its own. For them, the sheer joy of “resistance” against defenseless civilians makes sense even if it should impair their stated political objectives.

    Today, official PA maps of “Palestine” still include all of Israel. Israel’s disappearance remains the utterly undisguised PLO/PA/Hamas objective. Should this vanishing finally happen, it would be the direct result of considerable legal brilliance on the part of the Arabs and of legal indifference and/or incompetence on the part of the Israelis.

    Over the years, a number of cases in United States Federal Courts have authoritatively rejected the idea that the PLO is in any way the core of an independent state. Israeli lawyers and policymakers might at one time have been able to refer to such cases in support of an argument denying Palestinian statehood. But not now.

    Today, after Oslo, after “disengagement,” after the “Road Map,” after Annapolis, after persistent Israeli capitulations under multiple pretenses of negotiation, Israel will simply have to accept the assorted Palestinian legal arguments. The civilized world will allow nothing else. History, moreover, will record such acceptance as just one more expression of Israel’s largely self-inflicted mutilation and disappearance.

He concludes,

    It is already too late to change all this. But Israel can still learn some important lessons from its mistakes. In the final analysis, Israelis will have to recall the very reason for the country’s founding, its true raison d’etre as a state. This means that before it can act effectively to save itself, Israel will first have to recall: 1. its special place among the nations and 2. its special and unavoidable responsibility to ensure Jewish survival.

LOUIS RENÉ BERES was educated at Princeton (Ph.D., 1971) and is a long-time expert on international relations. The author of ten books dealing with international law, he is Strategic and Military Affairs columnist for The Jewish Press.

January 3, 2008 | 21 Comments » | 8 views

Subscribe to Israpundit Daily Digest

19 Comments / 21 Comments

  1. Reports of Hizbollah launching rockets into northern Israel and providing the possibility of a two front war, is strongly suggesting the not so hidden hand of Iran manipulating this scenereo.While Israel is being diverted by bit players, Iran’s nuclear program (Israel’s real existential threat) is proceeding unhindered.This will not be the first time that Iran has outfoxed an opponent.
    ______________________________________________

    IRAN-CONTRA HEARINGS; REGAN TESTIFIES REAGAN FELT IRAN ‘SNOOKERED’ HIM
    Published: July 31, 1987
    LEAD: Donald T. Regan, who was closer to President Reagan than anyone else who has testified before the Iran-contra committees, said today that the President felt he had been repeatedly ”snookered” by the Iranians.

  2. Peskin, this is the second time you have spammed the same message into many threads. I understand that you have a exhilarating joy in hearing about dead Israelis but you must restrain yourself. This site needs its example Self-Hating Jew so as to display the Jew-Bashing Moonbat in a cage but for your own sake you must stop bashing your head into the bars and.
    ………
    I guess Rice can stand in the Ironic hall of Fame with Livni and Olmert.

  3. The end game is peace and security for Israel. All else – the criticism from those who would rather see Israel shelled day after day without a response of any kind – is of no importance.

    When I hear critics condemning Israel for its military operation against terror groups and then, when asked, they have no answers on what other options Israel has to control terror, I understand the meaning of Jew hate.

    When people from other countries with no experience of decades-long terrorism speak as if there is a choice between defending ones country or not, it make me angry with these pathetic individuals.

    The only thing that the terrorists understand is an overwhelming response to their violence. Terrorists have a choice to terrorize or not – Israel’s only choice is to respond to end their inhumane agenda nurtured and encouraged by a religion with inhumane tenets and goals.

    Arab Muslims have lots of land, plenty of natural and human recourses, and cultures that date back many centuries. They don’t need Israel and they must control their own violent tendencies. This is all about violence, those who encourage violence, those who pray for an expanded Islam, and those who use their money towards one sick goal – the elimination of Israel. The solution is simple – the Arab countries must take responsibility for their own people, give them employment and housing and make sure that there is a separation between religion and politics.

    In the meantime, Israel must defend itself and do so as quickly, professionally and convincingly as possible for a small David in the middle of huge Goliaths wanting to chop her head off.

  4. email rec’d

    Can you get someone to translate this into Hebrew and put it up on a wall in the Knesset?

    and another

    What are you trying to do by writing this email letter? You are incorrect and have a hell of a lot of nerve to say what you have said about President Bush. You are a liar and have committed a terrible false impression of a good and caring man and that’s about President Bush. You best to count your blessings that President Bush is still in power or the Jews would pay plenty. It’s people like you who make people hate the Jews. You liar. Knock it off and jump in lake. I hope you know how to swim. You are an evil Jewish Man.
    Mr. Walter Shay

  5. What are you trying to do by writing this email letter? You are incorrect and have a hell of a lot of nerve to say what you have said about President Bush. You are a liar and have committed a terrible false impression of a good and caring man and that’s about President Bush. You best to count your blessings that President Bush is still in power or the Jews would pay plenty. It’s people like you who make people hate the Jews. You liar. Knock it off and jump in lake. I hope you know how to swim. You are an evil Jewish Man.
    Mr. Walter Shay

    Now this is a guy who should be castrated.

  6. I have fallen in love with you… call it love sick.

    Comment by h peskin —

    Sexual repression, bloody carnage from war and self hate stimulate the libido demanding release upon an object.
    That is not love but you are right, it is a sickness.

  7. The one thing you can say about H Peskin is he’s a sexist. His comments are inappropriate and out of line. If Laura was a man, he wouldn’t be sending sexually suggestive remarks her way. Just because a poster is a woman doesn’t give other posters license to make it personal. Hey Max, he should unhand her, I say!

  8. NormanF

    The one thing you can say about H Peskin is he’s a sexist. His comments are inappropriate and out of line. If Laura was a man, he wouldn’t be sending sexually suggestive remarks her way. Just because a poster is a woman doesn’t give other posters license to make it personal. Hey Max, he should unhand her, I say!

    Norm, I am no Doctor, but I am quite certain you are suffering from a massive case of constipation.

  9. Will they ever learn:

    By Jackson Diehl-Washington Post
    Friday, January 9, 2009; Page A17

    Israel’s military campaign in the Gaza Strip is failing, but there may be a silver lining. The war against Hamas is proving — once again — that the Middle East’s extremist movements cannot be eliminated by military means. If the incoming Obama administration absorbs that lesson, it will have a better chance of neutralizing Iranian-backed groups such as Hamas and Hezbollah, and of eventually brokering an Israeli-Palestinian peace settlement.

    This Story
    Endgame in Gaza
    Hard Lesson for Israel
    Israel’s bet was that it could substantially reduce Hamas’s military capacity and then force it to accept a cease-fire with improved terms for Israel. Hamas, predictably, has refused to play by those rules. It has defined victory as its own survival; by that standard, it has no incentive to agree to a new truce unless it receives major benefits in return, such as an end to Israel’s economic blockade.

    That means Israel must choose among attempting to drive the Islamic movement from power (which would be hugely costly and leave its troops stuck in Gaza indefinitely), making significant concessions to Hamas or withdrawing without any assurance that rocket fire against its cities would cease.

  10. Will they ever learn:

    By Jackson Diehl-Washington Post
    Friday, January 9, 2009; Page A17

    This Story
    Endgame in Gaza
    Hard Lesson for Israel

    Israel’s bet was that it could substantially reduce Hamas’s military capacity and then force it to accept a cease-fire with improved terms for Israel. Hamas, predictably, has refused to play by those rules. It has defined victory as its own survival; by that standard, it has no incentive to agree to a new truce unless it receives major benefits in return, such as an end to Israel’s economic blockade.

    That means Israel must choose among attempting to drive the Islamic movement from power (which would be hugely costly and leave its troops stuck in Gaza indefinitely), making significant concessions to Hamas or withdrawing without any assurance that rocket fire against its cities would cease.

    Comment by palworthy — January 10, 2009 @ 11:26 pm

    I posted mistakenly to the wrong thread with

    Palworthy:

    And The Sun Also Rises!
    What’s your point?

    That IDF is loosing? Have you seen the destruction of Gaza? That Israel will be forced this time or the next to take Gaza and hold on to it? That Hamas if left standing will declare victory like Hizbolla? If left standing Hamas will not for a long time be stupid enough to fire rockets and missiles at our towns. That would be considered deterrence and if we still control entrances into Gaza the final determination is still in our hands. These were the declared aims of our operation.

    Israel’s military campaign in the Gaza Strip is failing, but there may be a silver lining. The war against Hamas is proving — once again — that the Middle East’s extremist movements cannot be eliminated by military means. If the incoming Obama administration absorbs that lesson, it will have a better chance of neutralizing Iranian-backed groups such as Hamas and Hezbollah, and of eventually brokering an Israeli-Palestinian peace settlement.

    Jackson Diehl-is an even bigger asshole than either you or Peskin. If any of you believe that talk and not bullets will have any effect on the Barbarians I pity you all and us,especially if your ideas prevail. Nuke war will be the probable or most likely result. Your Black God will have us all fry for an inane fantasy ideal. The Barbarians eat doves for breakfast.

  11. You may recall Ted that I was of a different opinion. I thought getting out of Gaza was an excellent idea because it would show whether the Philistines really wanted peace. I also said that it would be easy enough to take back if that was desired.

    So far the loss of Israeli lives has been no worse than might have occurred during continued occupation.

    And Israel has gained in the international arena and has Egypt helping (a little) and Saudi Arabia staying quiet (mostly). And Europe is more on side than in 2006.

    Not bad, all in all. Sadly Sderot had to take it in the neck for years. However, that has given Israel a moral advantage.

  12. MS.
    How many times must Israel prove your point. Most of us knew already. I also disagree that Israel is better off for this adventure. We are back where we started and Hamas is in a stronger position in all respects.

  13. M.Simon

    After all these years and you still don’t get it. Between you and me I would rather have a Hamasnick for a neighbor than an M. Simon.

Comments are closed.