web analytics
February 28, 2015 / 9 Adar , 5775
At a Glance
InDepth
Sponsored Post


Syria (Today) and ‘Palestine’ (Tomorrow) II

Easily misrepresented or abused, international law can generally be manipulated to serve virtually any preferred geo-political strategy.
Louis Rene Beres

Louis Rene Beres

Here, if Palestine should declare itself vulnerable to unforeseen dangers, perhaps even from the interventionary or prospectively occupying forces of other Arab armies, it could lawfully end its previously codified commitment to remain demilitarized.

Another factor explains why Netanyahu’s hope for Palestinian demilitarization was, and still is, ill-founded. After declaring independence, a new Palestinian national government could point to certain pre-independence errors of fact or to duress as fully 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 or similar agreement 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 compact 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 U.S.-driven Road Map stems from a very basic misunderstanding of Palestinian history and goals. At a minimum, President Obama should recall that the Palestine Liberation Organization was formed in 1964 – three years before there were any “occupied territories.”

Inevitably, any Palestinian state would be ridden by inequality, violence, and strife. To get an idea of what this boiling cauldron would actually look like, one need only look today at Syria.

If you like Syria, you’ll love Palestine.

About the Author: Louis René Beres (Ph.D., Princeton, 1971) is professor of political science and international law at Purdue University and the author of many books and articles dealing with international relations and strategic studies.


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 “Syria (Today) and ‘Palestine’ (Tomorrow) II”

Comments are closed.

Current Top Story
Israel Prime Minister Benjamin Netanyahu prays at the Western Wall ahead of his speech next week at the US Congress.
Netanyahu Visits Western Wall before Leaving for US
Latest Indepth Stories
Netanyahu in a previous address to Congress-

Bibi’s speech to Congress will bring respect and honor to the Jewish Nation from the US & the world

Korenblit-022715

Obama & Putin have handwriting/signature clues indicating differences between public & private life

Councilman David Greenfield

It’s time for a new Jewish policy regarding Ramallah, NOT just because of the yarmulke incident

Levmore-022715

“GETT’s” being screened for Israeli Rabbinical Court judges at their annual convention.

If Jackson were alive he’d denounce Democratic party’s silence towards virulent anti-Semitism

Victim of Palestinian Arab terrorism, a victor in NY federal court, after years of being ignored by Justice Dept.

March 2013: Arabs hurled stones hitting the Biton’s car; Adele’s mother swerved the car-into a truck

The real issue is that in many respects the president has sought to recalibrate American values and our system of government.

Former Connecticut senator Joe Lieberman, writing in the Washington Post on Sunday, provided one of the clearest and most compelling analyses we’ve seen of the importance of the prime minister’s speech.

A central concept in any discussion about happiness is achieving clarity. “Ain simcha ela k’hataras hasefeikos” – there is no joy as that experienced with the removal of doubt.

“Je Suis..,” like its famous origin 400 years ago, implies the ability & freedom to think & question

Many anti-Israel demonstrations at universities have a not-so-latent anti-Semitic agenda as well

Believing a few “extremists” hijacked Islam is myopic in history and geography, numbers and scope

More Articles from Louis Rene Beres

A “Palestine” could become another Lebanon, with many different factions battling for control.

Louis Rene Beres

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

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.

Printed from: http://www.jewishpress.com/indepth/columns/louis-bene-beres/syria-today-and-palestine-tomorrow-ii/2013/09/18/

Scan this QR code to visit this page online: