web analytics
September 2, 2014 / 7 Elul, 5774
At a Glance
InDepth
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



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


Beres-Louis-Rene

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.

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.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

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

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
A general view of the Bat Ain community at Gush Etzion.
US Pushes PA Agenda and Tells Israel to Cancel New Gush Etzion Town
Latest Indepth Stories
yesha1

Hayovel’s vision: to share with them (Jews) a passion for the soon coming jubilee in yeshua messiah.”

Tibets spiritual leader Dalai Lama.

Dalai Lama: In the interest of Tibetans today to have peaceful co-existence with the Chinese.

Hamas Quote on Death

However, 40+ countries still use capital punishment for a variety of offenses.

0.5-Shekel-hatasham-RJP

The War projects to lower Israel’s 2014 GDP 0.5% but will have little influence on foreign investors

It is in the nature of the Nations of the World to be hostile towards the Jewish People.

Hamas and Islamic Jihad are actually fighting to “liberate Jerusalem and all Palestine.”

The bad news is that ISIS and Al Qaeda are on the Syrian Golan. The good news is that every terrorist in Syria is killing each other.

The congregants, Ethiopians spanning generations, were beaming with joy and pride.

The withdrawal from the Gaza Strip nine years ago did not enhance Israel’s security.

How does a soldier from a religious home fall in love with a soldier from a non- religious kibbutz?

In 19th century entire ancient Jewish communities fled Palestine to escape brutal Muslim authorities

Responsibility lies with both the UN and Hamas, and better commitments should have been demanded from both parties in the ceasefire.

But the world is forever challenging our Jewish principle and our practices.

If this is how we play the game, we will lose. By that I mean we will lose everything.

Reportedly, Egypt, Saudi Arabia, and the United Arab Emirates have formed a bloc that seeks to counter Islamist influence in the Middle East.

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.

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: