For One Day Only: $1=$4, Thanks to Matching from BIG Donors
Judge Selya found that the PA did not have a “defined territory.” After an exhaustive historical analysis, he ruled that “the net result is that, at all times, other states had control over the defined territory.” The Ottoman Empire, England, Egypt, Jordan and Israel have all controlled Palestine over the last century and locals have never exercised independent control.
Similarly, he rejected as specious the PA’s claim that it exercised control of a “permanent population from time immemorial.”
Lastly, Judge Selya ruled that the Oslo accords (the constituent documents of the PA, in which Israel and the PLO entered an agreement to create a “Palestinian Authority” out of whole cloth) “expressly denie[s] the PA the right to conduct foreign relations.”
Similar rulings followed in numerous other terror victims’ suits against the PA. Also, the Supreme Court rejected Clark’s attempt to seek review of the denial of its sovereignty claims. Thus wall-to-wall authority conclusively demonstrates that simply asserting sovereignty (or even obtaining international support for statehood) does not make a non-state into a state under international law. As Judge Selya stated, “The fact remains, however, that neither political recognition of the PLO nor United Nations support for self-governance is sufficient to signify that the Restatement’s conditions for statehood have been met.”
These legal rulings should be kept in mind when considering Abbas’s new tactic which attempts an end run around international law while deviating and undermining Arafat’s approach, which is still the PA’s position in court. As judges have repeatedly ruled, merely obtaining UN approval does not countenance a violation of international law. And as Arafat and Clark acknowledged for two decades, any purported “State of Palestine” must comply with international law in order to be legitimate, no mater how many anti-Israel UN members pile on in either a General Assembly or Security Council vote.
David J. Strachman, a Providence lawyer, represented dozen of victims in numerous lawsuits over the past decade against the Palestinian Authority. He is an adjunct professor at UMASS Law School and Roger Williams University School of Law and author of “Civil Terrorism Law” (Lawyers & Judges Publishing, 2008).
About the Author: David J. Strachman, a Providence lawyer, represented dozen of victims in numerous lawsuits over the past decade against the Palestinian Authority. He is an adjunct professor at UMASS Law School and Roger Williams University School of Law and author of “Civil Terrorism Law” (Lawyers & Judges Publishing, 2008).
If you don't see your comment after publishing it, refresh the page.
Comments are closed.
Nothing in the NEW Paris Proposal differs much from what was offered by Olmert and rejected by Abbas
No longer will delegitimization efforts go unchallenged. That’s a silence we will continue to break.
Increasingly, Sweden is becoming a country where anti-Semitism & supporting terrorism is acceptable.
The problem with US treatment of Israel did not start with Obama but with birth of Jewish State
The pathetic failure of the Marianne to reach Gaza is the best thing that has happened to Israel since Hamas mis-fired a rocket on its own civilians.
Wonder why Israel has the world’s most insane rules of engagement imposed on its military? Read on..
Think political Islam’s a problem now just wait until an Islamist nuclear umbrella covers the region
Fiorina’s wrong about Islam which embraces our death&destruction confusing pc theories for hard fact
Bangladesh PM Hasina is fighting terror not only for her nation but for the entire civilized world.
No necessity to redefine marriage, just address equal rights for couples in non-nuclear families
PM Netanyahu has pledged the nation won’t rest until the hero Eli Cohen is returned home to Israel
“Palestinian armed groups” & “local authorities” are named in the report; Hamas’ absence stands out
Dating apps have really changed the way many young Jews approach dating.
The families of those slain even publicly forgave the murderer. Charleston was serene and at peace.
Over the past several weeks the media have been enamored by Palestinian Authority President Mahmoud Abbas’s push to obtain United Nations recognition of a Palestinian state. The media coverage has exclusively focused on the political aspects of Abbas’s effort and its relationship to the so called peace process involving the Israel and PA.
Printed from: http://www.jewishpress.com/indepth/opinions/abbas-rejects-arafat%e2%80%99s-statehood-strategy/2011/11/16/
Scan this QR code to visit this page online: