Thursday, February 13, 2020

  • Thursday, February 13, 2020
  • Elder of Ziyon

What is the legal basis for a Palestinian state?

According to the PLO's 1988 Declaration of Independence, the legal justification for a Palestinian Arab state comes from the UN General Assembly resolution 181, the 1947 partition resolution that the Arab world rejected. At the time, the Palestinian Arabs were so incensed at the resolution that they started a war only hours after the resolution passed.

In the language of the PLO Declaration of Independence:
Despite the historical injustice inflicted on the Palestinian Arab people resulting in their dispersion and depriving them of their right to self-determination, following upon U.N. General Assembly Resolution 181 (1947), which partitioned Palestine into two states, one Arab, one Jewish, yet it is this Resolution that still provides those conditions of international legitimacy that ensure the right of the Palestinian Arab people to sovereignty.
But there is a problem with that. If the PLO claims that the legal basis for the existence of an Arab state in Palestine is UNGA 181, then that means that they also accept Israel as the Jewish state, as the resolution stated - no less that thirty times! Moreover, the Declaration of Independence itself even explicitly says "two states, one Arab, one Jewish."

If they say that their legal legitimacy comes from the UNGA 181, then the PLO also accepted Israel's legitimacy as the Jewish state back in 1988!

In 1988, the "Jewish State" issue was nonexistent. It was first brought up as an issue that Israel requires for security in 2001, the early days of the second intifada, as Israeli leftists tried to build a path to peace with Palestinian intellectuals - who rejected the idea of Israel being considered a Jewish state. Ariel Sharon emphasized the issue's importance to Israel when he led the country. Accepting Israel as the Jewish state later became a demand by Tzipi Livni in negotiations in 2007 as well.

When Israelis brought up the issue in the 2000s, the Palestinians insisted that they could never accept that formulation. Saeb Erekat said in 2014 that such recognition is a problem of principle. “It’s my narrative, it’s my history, it’s my story,” he said. “I’ve never heard in the history of mankind that others must participate in defining the nature of others. It’s really ridiculous.”

But the PLO knows that the 1988 Declaration is problematic for them today.

The Negotiations Affairs Department of the PLO now claims that the organization (implicitly) recognized Israel in 1988. This 2012 PLO NAD document (no longer on their site) confirms that "Palestine"'s legal foundation is UNGC 181 but it excludes the "Jewish State" language from its description by replacing it with an ellipsis:
2. What is the Declaration’s significance for the two-state solution?The Declaration contains an overt acceptance that “the United Nations General Assembly Resolution 181, of 1947, which partitioned Palestine into two states […] provides the legal basis for the right of the Palestinian Arab people to national sovereignty and independence.” The PLO's recognition of Resolution 181, along with their acknowledgment (in the same session of the PNC) of UN Security Council Resolutions 242 and 338 as the basis for negotiating a settlement of the Israeli-Palestinian conflict, signaled the Palestinians’ formal acceptance of a two-state solution. 
They deleted the part about the Jewish state! The 2012 PLO realized that their legal argument for "Palestine" is also a legal argument for Israel as the Jewish State, so they tried to paper it over by erasing the phrase in their own Declaration of Independence. Clearly they knew then that the language in their declaration undercut all their arguments against recognizing Israel as the Jewish state today.

Keep in mind that the legal argument is bogus. UN General Assembly Resolutions are not international law.  But by making the claim that 181 is their legal basis for legitimacy, the PLO must also accept a Jewish state - the same document that they say is the legal basis for an Arab state must be accepted in toto, meaning that they have accepted a Jewish state since 1988.

It is a little difficult for them to deny the language and legal reasoning in their own Declaration of Independence.

We have lots of ideas, but we need more resources to be even more effective. Please donate today to help get the message out and to help defend Israel.

EoZ Book:"Protocols: Exposing Modern Antisemitism"


EoZTV Podcast

Podcast URL

Subscribe in podnovaSubscribe with FeedlyAdd to netvibes
addtomyyahoo4Subscribe with SubToMe

search eoz





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 Amnesty 2022 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 CAIR Campus antisemitism Cardozo cartoon of the day CEDAW Chakindas Chanukah Christians circumcision CJ Werleman Clark Kent coexistence Comix Community Standards conspiracy theories COVID-19 Cyprus Daled Amos Daphne Anson David Applebaum David Miller Davis report DCI-P Divest This double standards Egypt Elder gets results ElderToons Electronic Intifada Ellen Horowitz 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 Fervent Embrace fisking flood libel flotilla Forensic Architecture Forest Rain Forward free gaza freedom of press palestinian style future martyr Garlasco 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 Hypocrisy ICRC IDF IfNotNow IJ Benjamin Ilan Pappe Ilhan Omar impossible peace incitement indigenous Indonesia infographic 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 Masafer Yatta 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 Nasser al-Lahham 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 Omri Boehm Only in Israel Opinion 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 Shireen Abu Akleh Shujaiyeh Simchat Torah Simona Sharoni SodaStream South Africa Sovereignty Speech stamps Superman Syria Tarabin Temple Mount Terrorism This is Zionism Thomas Friedman Tlaib 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 vaccination Varda Vic Rosenthal Washington wikileaks Winstanley work accident X-washing Y. Ben-David Yamit Yemen YMikarov zahran Ziesel zionist attack zoo Zionophobia Ziophobia Zvi

Best posts of the past 6 months


A new, better definition of antisemitism

Blog Archive