web analytics
April 25, 2014 / 25 Nisan, 5774
At a Glance
InDepth
Sponsored Post
Spa 1.2 Combining Modern Living in Traditional Jerusalem

A unique and prestigious residential project in now being built in Mekor Haim Street in Jerusalem.



If You Like Syria, You’ll Love ‘Palestine’


Beres-Louis-Rene

Share Button

What if the government of a new Palestinian state were somehow willing to consider itself bound by the pre-state, non-treaty agreement? Even in these very improbable circumstances, the new Arab government would have ample pretext to identify relevant grounds for lawful treaty termination.

A new Palestinian government could withdraw from the treaty because of what it regarded as a “material breach,” a reputed violation by Israel that had allegedly undermined the object or purpose of the agreement. Or it could point toward what Latinized international law calls Rebus sic stantibus. In English, this doctrine is known as a “fundamental change of circumstances.” Here, if Palestine should declare itself vulnerable to unforeseen dangers, perhaps even from the interventionary or prospectively occupying forces of certain other Arab armies, it could lawfully end its previously codified commitment to stay demilitarized.

Another factor explains why Netanyahu’s hope for Palestinian demilitarization was and remains ill-founded. After declaring independence, a new Palestinian state government could point to certain pre-independence errors of fact, or to duress, as appropriate grounds for agreement termination. The usual grounds that may be invoked under domestic law to invalidate contracts can also apply under international law, both to actual treaties, and to treaty-like agreements.

Any treaty is void if, at the time of entry, it is in conflict with a peremptory rule of international law, a rule accepted by the community of states as one from which “no derogation is permitted.” Because the right of sovereign states to maintain military forces for self-defense is always such a rule, “Palestine” could be within its lawful right to abrogate any agreement that had previously, before independence, compelled its demilitarization.

Netanyahu should take no comfort from any legal promises of Palestinian demilitarization. Should the government of any future Palestinian state choose to invite foreign armies or terrorists on to its territory, possibly after the original government had been overthrown by even more militantly Jihadist/Islamic forces, it could do so not only without practical difficulties, but also without violating international law.

The core danger to Israel of any presumed Palestinian demilitarization is more practical than legal. The American-driven Road Map stems from a very basic misunderstanding of Palestinian history and goals. At a minimum, Obama should finally recall that the Palestine Liberation Organization was formed in 1964; three years before there were any “occupied territories.”

Exactly what, during those first three years, was the PLO trying to “liberate”? The answer was the same then as it is now: all of Israel.

If you like Syria, you’ll love Palestine.

Louis René Beres, strategic and military affairs columnist for The Jewish Press, is professor of political science at Purdue University. Educated at Princeton (Ph.D., 1971), he lectures and publishes widely on international relations and international law and is the author of ten major books in the field. In Israel, Professor Beres was chair of Project Daniel.

Share Button

About the Author: Louis René Beres, strategic and military affairs columnist for The Jewish Press, is professor of Political Science at Purdue University. Educated at Princeton (Ph.D., 1971), he lectures and publishes widely on international relations and international law and is the author of ten major books in the field. In Israel, Professor Beres was chair of Project Daniel.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

No Responses to “If You Like Syria, You’ll Love ‘Palestine’”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Mock Eviction Notice shoved under the doors of students' rooms in predominantly Jewish NYU dorm by NYU SJP.
NYU Latest Site of Anti-Israel Mock Eviction Notices
Latest Indepth Stories
Students in Israel get computers to assist in their schoolwork.

Day schools can have boys and girls participate in the same online class but they don’t meet or interact in “real time.”

Richard Falk, FORMER  United Nations Human Rights Council’s Rapporteur on the Palestinian Territories.

Jews so hostile to their own people they’ve spun out into the orbit of rabid anti-Israeli and pro-Islamic radicalism.

Breaking the Fw:Fw:Fw Chain

Rav Pam said we must realize that God has no pleasure from such negative speech.

NIF support for BDS groups, writes Black, also included acting as a “go between for other donors….

Brandeis, which had to have known about her record of criticism of Islam, pulled the honor after pressure from a Muslim advocacy group and a number of faculty members and students.

Wherever I was invited around the world, I always met with people and let them know that I wanted to hear great stories.

R. Hadaya strongly argues in favor of establishing a festive day in commemoration of the establishment of the state of Israel.

The Palestinian Authority has jailed more than 350 Arabs for “security” reasons in just 2014.

Since Torah is the great equalizer, the great reconciler of divergent but valid opinions, this is also the place where common ground is reached.

Some American Jews feel their community has been hijacked from within by groups waging war against Israel seemingly in the name of the Jewish people.

Jerusalem only seems important in the Islamic world when non-Muslims control or capture the city.

Jordan’s king is adding fuel to the fire on the Temple Mount, blaming Israel for violence by Muslim Arab rioters.

At Brandeis, much of what counts as Western civilization got cold feet and won’t stand with Hirsi Ali.

But the lesson from this meditation is that hidden behind the anti-semitic act is the greatest light.

More Articles from Louis Rene Beres
Louis Rene Beres

President Obama’s core argument on a Middle East peace process is still founded on incorrect assumptions.

Louis Rene Beres

Once upon a time in America, every adult could recite at least some Spenglerian theory of decline.

President Obama’s core argument is still founded on incorrect assumptions.

Specific strategic lessons from the Bar Kokhba rebellion.

Still facing an effectively unhindered nuclear threat from Iran, Israel will soon need to choose between two strategic options.

For states, as for individuals, fear and reality go together naturally.

So much of the struggle between Israel and the Arabs continues to concern space.

An undifferentiated or across-the-board commitment to nuclear ambiguity could prove harmful to Israel’s's overall security.

    Latest Poll

    Now that Kerry's "Peace Talks" are apparently over, are you...?







    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/indepth/columns/louis-bene-beres/if-you-like-syria-youll-love-palestine/2012/06/01/

Scan this QR code to visit this page online: