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I have just read in an article in Ha'aretz :
I agree that it is best that a formal peace deal is reached between Arabs and Israel.
That being said, if the IDF has left a territory unilaterally. It seems to me that
1) Nothing can legally prevent the birth and the recognition of a Republic of Gaza;
2) if the Gazans are willing, any other country can, without the agreement of Israel, send troops there to help them defend the newly liberated country.
The same would apply to the West Bank of course.
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by Editor @ 07:06 PM CST [Link]
Replies: 5 comments
In theory, the PNA could have declared a state at any time, but they didn't. If the PNA declares a state, then it is hardly likely they will want any UN supervision there.
Posted by Moderator @ 02/28/2004 09:28 PM CST
The middle east has become the dumping ground for every half-baked and ridiculous idea on earth. There is no godly reaon why there should be another Arab state anywhere west of the Jordan river since the entire area now called Jordan ( formerly trans jordan) was wrenched from the area set aside by the original British mandate as a Jewish homeland. Jordan is the logical place for the palestinian Arabs who already comprise 70% of it's population.
Posted by mike levine @ 02/29/2004 12:26 AM CST
Actually, a Palestinian state has been declared more than once. The real issue is who controls the land and sea borders as well as the airspace.
While one wonders what the Israeli response would be to widespread international recognition of a Palestinian state, it doesn't seem too likely to me that Israel will abandon its control of Gaza's borders anytime soon, or permit the reconstruction of the airport.
Posted by Josh Pollack @ 02/29/2004 05:38 AM CST
As I said before, I am just putting myself on the legal ground.
Is Israel does evacuate a territory and no other "power" does take it over, it seems to me that the UN, would be hard placed, if asked to do so, not to recognize the place as a new state. Such a refusal would go against basic principles of the UN and of international law, the biggest I think being the rights of the (local) people to rule themselves.
I believe it would be impossible for UN and for EU, not to recognize the new state.
Such a state once recognised, would have normal rights: among them, territorial waters up to 200 miles at sea, open sky.
True, they couldn't prevent Israel of going on as now but then, it would be Israel that put itself in a state of war with the new state.
Such an Israeli move would be an unilateral act of war if it is not presented as a legitimate prooportionate self defense action. and no country, not even America, would accept it easily.
True, politic is a lot less black and white than law but still, it could be an interesting development.
Posted by Paul @ 02/29/2004 03:38 PM CST
The idea that pure legalism makes the world of international relations go 'round seems questionable. States and other groups have interests, and their leaders tend to pursue them as they understand them, cooperatively or otherwise, within a framework of law or otherwise.
If an appreciable number of states were so eager to extend themselves on the Palestinians' behalf, the scenario you describe probably would have unfolded some time ago, perhaps fairly early in the 1990s.
I am profoundly sorry to say that the prospect of the 1990s -- of a Palestinian state at peace with its neighbors and enjoying widespread international legitimacy -- has come and gone. In its place, there is only anarchy and bloodshed. No one in their right mind is in any hurry to build ties to such a place.
Posted by Josh Pollack @ 03/01/2004 04:48 PM CST
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