Recognizing a Palestinian State before a Peace Agreement with Israel Undermines the International Rule of Law
Those who advocate immediate recognition of a Palestinian state, without a peace agreement with Israel, show cavalier disregard for well-established legal principles for the creation of states and their recognition.Caroline Glick: America's strategic paralysis
The four criteria of statehood set out in the Montevideo Convention on the Rights and Duties of States (1933) are widely accepted as the minimum required by customary international law for the creation of a new state. Two of the criteria - a single, centralized government and the capacity to enter into relations with other states - are manifestly not satisfied by any Palestinian entity.
For reasons which are entirely internal to Palestinian society, there is no reasonable prospect for the foreseeable future of any government being formed which would exercise effective control over both the West Bank and the Gaza Strip, and would have the capacity to give effect to any agreements purportedly entered into by "Palestine."
Recognition of any such entity as a state would be to affirm a fiction, contrary to the imperatives of international law.
Applying the additional requirements for recognition contained in the European Community Declaration and Guidelines (1991), the Palestinians have failed, and are likely to continue to be unwilling to make commitments to respect the inviolability of the frontiers with Israel, to repudiate all territorial claims by Palestine against Israel, and to settle all disputes with Israel by peaceful means.
Recognition of a Palestinian state at the present time would also contravene the internationally recognized and witnessed Oslo Accords between the Palestinians and Israel.
Last week, after the UN Security Council passed a new sanctions resolution against North Korea, the regime’s No. 2 official, parliament chairman Kim Yong Nam, arrived in Tehran for a 10-day visit.
In the past, CIA officials have claimed that Iranian observers have been present at North Korean nuclear tests. Iran also reportedly financed the Korean-built nuclear reactor in Syria that Israel reportedly destroyed in 2007.
Iran’s Shihab-3 and Shihab-4 intermediate range ballistic missiles are based on North Korean designs. Former US ambassador to the UN John Bolton recently revealed that during North Korea’s 1999-2006 missile testing moratorium, Iran conducted missile tests for North Korea.
If the circumstantial evidence linking the two nuclear programs is correct, then whatever North Korea has will be possessed by Iran in short order.
It is certainly possible that there is more happening behind the scenes in Washington than anyone can possibly know. Far from the television cameras, US national security officials may be configuring strategic goals and programs that will enable Trump to abandon Obama’s failed policies in relation to North Korea, Syria and Iran and move the US – and the world – in a safer and more secure direction.
Unfortunately, in light of Tillerson’s claim that the US seeks to return to the negotiating table with North Korea, and given the administration’s decision to continue to implement Obama’s pro-Iran and pro-Hezbollah policy in Syria and Trump’s second certification of Iranian compliance with Obama’s nuclear deal, it is certainly easy to conclude that this is not the case.
As Kupperwasser noted in his essay on the dangers the US-Russian Syrian cease-fire deal pose to Israel and Jordan, Trump’s abidance by Obama’s pro-Iranian policies in Syria “worries Israel... because it casts doubt over the depth of American commitment, the ability of the Americans to deliver, or the relevance of the ‘Art of the Deal’ to the Middle East and international politics.”
It is obvious that Trump continues to seek a clean break with Obama’s policies. But as his critics’ piling on against him following his threat to North Korea and the State Department’s determination to maintain Obama’s failed policy of appeasement toward Pyongyang both make clear, more than anything else, Trump needs advisers who are capable of helping him achieve this goal. He needs advisers willing to stand up to the pressure and the inertial force of the foreign policy bureaucracy and capable of having a serious strategic discussion about how to proceed in an international environment that grows more daunting every day.
PMW: Gloating over mass murder, Hamas style
Yesterday, August 9, was the 16th anniversary of the horrific suicide bombing at the Sbarro pizza shop in Jerusalem in which 15 Israelis, among them 7 children, were murdered and 130 were wounded. Among the killed were Mordechai and Tzirel Schijveschuurder and three of their children, Ra’aya aged 14, Avraham aged 4, and Hemda aged 2.
Hamas gloated over the murders yesterday in a post on the website of Hamas’ TV channel. Referring to the guitar case in which the suicide bomber hid the bomb, Hamas headlined its story: “The Sbarro operation - The guitar that shook the [Zionist] entity and reaped 20 Zionists.”
Hamas wrote: “The news of the operation made Palestinians joyous everywhere. The largest celebrations in honor of the hero [suicide bomber Al-Masri]... Masses of people went out to the streets, cheered, and distributed candies out of happiness.”
[Website of Hamas’ Al-Aqsa Channel, Aug. 9, 2017]
The following are pictures of those murdered in the Sbarro bombing:
The article on the Hamas website also describes with pride how the terrorist mingled among the people in the pizza shop before detonating his bomb, which it describes as “playing the melodies of revenge.”
Palestinian Media Watch has documented that the Palestinian Authority and Fatah likewise glorify and honor terrorists, and even reward them financially. In 2001 the Hamas student branch at Al-Najah University in Nablus celebrated the murders by creating exhibit of the pizza shop and posted on the wall images of body parts. [Source of images: Malki Foundation website]
In 2014, the Palestinian Authority likewise honored the suicide bomber by giving him a military funeral when his body was returned to the Palestinian Authority:
PA TV reporter: ”Thousands of civilians from the Tubas District, representing all segments of the political activity, took part in the funeral of the remains of the Martyr (suicide bomber who killed 15) who gave his soul for the struggle of a nation that strives for freedom.”
Mayor of Aqqaba Jamal Abu Ara: “The popular gathering around the blood of Izz Al-Din Al-Masri (i.e., the Sbarro bomber) is an honest and true expression of our people’s yearning for national unity (between Fatah and Hamas) and unity of action.”
PA TV reporter: “The flags of the political parties were raised at this national wedding (the Martyr's wedding to the 72 Virgins in Paradise), which demonstrated the national unity and cohesion among our people.” [Official PA TV, April 30, 2014]























