Friday, November 06, 2009

  • Friday, November 06, 2009
  • Elder of Ziyon
The Guardian says that accused Fort Hood murderer Nidal Hassan was "the son of Palestinians from a village near Jerusalem."

The New York Times says, "His mother’s obituary, in The Roanoke Times in 2001, said she was born in Palestine in 1952."

This got me to wondering about a contradiction in the standard pro-Palestinian Arab narrative that the world has swallowed whole.

We all "know" that Israel is considered the legal occupier of the West Bank. It was declared as such by the UN and the ICJ, among others.

The definition of occupation, however, is straightforward:

"Military occupation occurs when a belligerent state invades the territory of another state with the intention of holding the territory at least temporarily."

The original definition from the Hague Conventions of 1907 states:
Military authority over the territory of the hostile state

Art. 42. Territory is considered occupied when it is actually placed under the authority of the hostile army.
The occupation extends only to the territory where such authority has been established and can be exercised.

The question that remains murky is, what is the state that Israel is occupying? It cannot be Jordan, because Jordan relinquished control in 1988, and the international community never recognized Jordan's annexation of the West Bank. It seems clear, from the aforementioned sources, that this "state" is "Palestine."

In other words, according to the UN and the ICJ, there is a legal entity called "Palestine" and it has existed since at least 1967, probably since 1948. This is remarkable in itself that international law is implicitly recognizing a state that was never declared or recognized. As a matter of fact, it may be against international law to prematurely recognize a state (note 26.)

(The ICJ takes the position that the intent of the Fourth Geneva Convention is not only between High Contracting Parties and that the intent of the drafters was to protect civilians even if they were not in a state beforehand. This is probably true: the Fourth Geneva Convention is specifically concerned with civilians. The advisory opinion is being extended way beyond treatment of civilians - the responsibility of which Israel voluntarily accepted in 1967 - and into the legal status of the territories themselves. That isn't defined by Geneva, but by the Hague. This brings up an entire other set of anomalies as Israel ceded day to day control of large parts of the territories to the PA, as a strict reading of "occupation" would imply that Israel has a much greater responsibility over West Bank Palestinian affairs than it exercises now, a position that would horrify the UN and ICJ.)

If we ignore these anomalies and assume that there is a legal entity called Palestine that is under occupation, then we come up to another problem: the definition of "refugees."

We have discussed a number of times in the past how Palestinian Arab "refugees" are the only ones in the world whose definition includes the descendants of the original people who fled a war. The UNRWA's operational definition has somehow become the legal definition.

But this definition has another dimension of exceptionalism: if one considers the West Bank to be legally "Palestine," then the original "refugees" who are there would normally be considered "internally displaced persons." After all, they just moved from one part of "Palestine" to another - if one accepts that "Palestine" is "occupied."

This analysis shows that the only way for the worldview of "occupation" and "refugees" to both be accurate and not contradictory is to redefine both words to accommodate a specific circumstance. To say that normal legal terms must be redefined for Palestinian Arabs - and only Palestinian Arabs - is to make a mockery of the idea of law itself.


EoZTV Podcast

Podcast URL

Subscribe in podnovaSubscribe with FeedlyAdd to netvibes
addtomyyahoo4Subscribe with SubToMe

search eoz



Follow by Email



For $18 donation

Sample Text

EoZ's Most Popular Posts in recent years


Elder of Ziyon - حـكـيـم صـهـيـون

This blog may be a labor of love for me, but it takes a lot of effort, time and money. For over 14 years and 30,000 articles I have been providing accurate, original news that would have remained unnoticed. I've written hundreds of scoops and sometimes my reporting ends up making a real difference. I appreciate any donations you can give to keep this blog going.


Donate to fight for Israel!

Monthly subscription:
Payment options

One time donation:

subscribe via email

Follow EoZ on Twitter!

Interesting Blogs


#PayForSlay Abbas liar Academic fraud administrivia al-Qaeda algeria Alice Walker American Jews AmericanZionism Amnesty analysis anti-semitism anti-Zionism antisemitism apartheid Arab antisemitism arab refugees Arafat archaeology Ari Fuld art Ashrawi ASHREI B'tselem bahrain Balfour bbc BDS BDSFail Bedouin Beitunia beoz Bernie Sanders Biden history Birthright book review Brant Rosen breaking the silence Campus antisemitism Cardozo cartoon of the day Chakindas Chanukah Christians circumcision Clark Kent coexistence Comix Community Standards conspiracy theories COVID-19 Cyprus Daled Amos Daphne Anson David Applebaum Davis report DCI-P Divest This double standards Egypt Elder gets results ElderToons Electronic Intifada Embassy EoZ Trump symposium eoz-symposium EoZNews eoztv Erekat Erekat lung transplant EU Euro-Mid Observer European antisemitism Facebook Facebook jail Fake Civilians 2014 Fake Civilians 2019 Farrakhan Fatah featured Features fisking flotilla Forest Rain Forward free gaza freedom of press palestinian style future martyr Gary Spedding gaza Gaza Platform George Galloway George Soros German Jewry Ghassan Daghlas gideon levy gilad shalit gisha Goldstone Report Good news Grapel Guardian guest post gunness Haaretz Hadassah hamas Hamas war crimes Hananya Naftali hasbara Hasby 2014 Hasby 2016 Hasby 2018 hate speech Hebron helen thomas hezbollah history Hizballah Holocaust Holocaust denial honor killing HRW hum Human Rights Humanitarian crisis humor huor Hypocrisy ICRC IDF IfNotNow Ilan Pappe Ilhan Omar impossible peace incitement indigenous Indonesia international law interview intransigence iran Iraq Islamic Judeophobia Islamism Israel Loves America Israeli culture Israeli high-tech J Street jabalya James Zogby jeremy bowen Jerusalem jewish fiction Jewish Voice for Peace jihad jimmy carter Joe Biden John Kerry jokes jonathan cook Jordan Joseph Massad Juan Cole Judaism Judea-Samaria Judean Rose Judith Butler Kairos Karl Vick Keith Ellison ken roth khalid amayreh Khaybar Know How to Answer Lebanon leftists Linda Sarsour Linkdump lumish mahmoud zahar Mairav Zonszein Malaysia Marc Lamont Hill Marjorie Taylor Greene max blumenthal Mazen Adi McGraw-Hill media bias Methodist Michael Lynk Michael Ross Miftah Missionaries moderate Islam Mohammed Assaf Mondoweiss moonbats Morocco Mudar Zahran music Muslim Brotherhood Naftali Bennett Nakba Nan Greer Nation of Islam Natural gas Nazi Netanyahu News nftp NGO Nick Cannon NIF Noah Phillips norpac NSU Matrix NYT Occupation offbeat olive oil Omar Barghouti Only in Israel Opinion Opinon oxfam PA corruption PalArab lies Palestine Papers pallywood pchr PCUSA Peace Now Peter Beinart Petra MB philosophy poetry Poland poll Poster Preoccupied Prisoners propaganda Proud to be Zionist Puar Purim purimshpiel Putin Qaradawi Qassam calendar Quora Rafah Ray Hanania real liberals RealJerusalemStreets reference Reuters Richard Falk Richard Landes Richard Silverstein Right of return Rivkah Lambert Adler Robert Werdine rogel alpher roger cohen roger waters Rutgers Saeb Erekat Sarah Schulman Saudi Arabia saudi vice self-death self-death palestinians Seth Rogen settlements sex crimes SFSU shechita sheikh tamimi Shelly Yachimovich Shujaiyeh Simchat Torah Simona Sharoni SodaStream South Africa Sovereignty Speech stamps Superman Syria Tarabin Temple Mount Terrorism This is Zionism Thomas Friedman TOI Tomer Ilan Trump Trump Lame Duck Test Tunisia Turkey UAE Accord UCI UK UN UNDP unesco unhrc UNICEF United Arab Emirates Unity unrwa UNRWA hate unrwa reports UNRWA-USA unwra Varda Vic Rosenthal Washington wikileaks Winstanley work accident X-washing Y. Ben-David Yemen YMikarov zahran Ziesel zionist attack zoo Zionophobia Ziophobia Zvi

Blog Archive