Welcome to Palestine 2017, a legal imperative

Welcome to Palestine 2017, a legal imperative

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'Those who have the privilege to know have the duty to act,' Albert Einstein

Mr Hambidge encourages the Palestinian statehood bid heading to the United Nations in 2017 to go ahead despite international conspiracy against the Palestinians and their land.
Mr Hambidge encourages the Palestinian statehood bid heading to the United Nations in 2017 to go ahead despite international conspiracy against the Palestinians and their land.

By Clive Hambidge

Days of Palestine, London -The ship carrying the precious cargo of a Palestinian Statehood Bid, intended for late 2017, navigates through the choppy waters of Israel’s polluted sea of propaganda, US obduracy and a forever abstaining UK, complicit to a universally recognised, unlawful and brutal Israeli occupation.

This must not deter we the people in our duty to support this putative bid or allow its legal and political implications to drift, be devolved or becalmed in the parameters of our consciousness indeed offshore in the shallows of a collective conscience.  The Palestinian Statehood Bid is the freedom flotilla bound this time for the UN Security Council.

France threatens a unilateral recognition of a Palestinian State as it condemns on-going settlements activity. This should be supported by vociferous multilateral campaigns issuing from the 8 Nation States who at 10.26pm on 30th December 2014 voted in favour of the original bid; and who probably agreed (as I do) with Russia’s UN envoy Vitaly Churkin who incompliantly stated that Moscow “cannot share the objections of those who believe that the draft resolution was undermining the prospects of the negotiating process.” Good for him, shame on the UK.

The peremptory norms are clear, as I remind the Nation States who used the power of veto 2014 (and others that abstained) that according to the Human Sciences Research Council: “If a State aids or assists another State in maintaining that unlawful situation, knowing it to be unlawful, then it becomes complicit in its commission and itself commits an internationally wrongful act.”

A submission to the UN Security Council must go ahead for as stated and reiterated by Mahmoud Abbas: “Palestine’s admission to the United Nations would pave the way for the internationalisation of the conflict as a legal matter, not only as a political one.”  The charges of colonialism, apartheid (and now genocide) against Israel, as a “belligerent Occupying Power in OPT” since 1967, have been demonstrated to a conscionable world community and more than satisfactorily by legal scholars.

Reparation, self-determination, right of return and putative criminal charges brought against Israel for crimes against humanity and genocide by Palestine are necessarily limited because the weight or bias of international law stands firmly with States and State self-interest.  Palestine therefore and thereof has historically sought refuge in and through human rights standard bodies. With little effect.

Generations of Palestinians have known only too well of their plight and the laws that should have protected them from Israel’s violent narrative of expropriation. Generations of Palestinians have resisted this unilateral annexation rightfully and lawfully.

Prohibited under international law, the systematic unilateral annexation of Palestine by Israel as an occupying force and the geographical permanent status Israel has created as facts on the ground are legally untenable.

In 2007 Professor John Dugard, in his capacity as UN Special Rapporteur in the OPT posed the question: “What are the legal consequences of a [Israeli] regime of prolonged occupation with features of colonialism and apartheid for the occupied people?” The answer is tragically clear: collective punishment of a besieged and violated population. This constitutes a contiguous and damning litany of planned “inhuman acts” committed by Israel against innocent Palestinians since 1948 (stepped up in sophistication and barbarity since 1967) have remained unpunished.

Self-determination crucial to the Palestinian cause is violated by colonialism. Self-determination as determined by the International Court of Justice (ICJ) is “one of the essential principles of contemporary international law.” All states should promote self-determination. As they do not at the governmental level, we as the sovereign subjects of Nation States (in my case the UK) have a duty to unequivocally promote Palestinian self-determination.

The 1973 Apartheid Convention is defined in part by: “inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them.”

The Israeli-Palestinian conflict teaches a particular hagiography, the shaping of a pervasive, systemic architecture of asymmetry. We must understand and teach others by our pro-active stance that the 1948 Nakba saw a violent land grab in the course of which 678 Palestinian localities were destroyed, 400 villages disembowelled, 85 per cent of the Palestinian population (an estimated 750,000) became refugees. And of historical Palestine 78 per cent was stolen. Thus the establishment of Israel in historic Palestine was a Zionist coup d’état as Britain turned her anti-Semitic face the other way.

As stated in Philo and Berry’s More Bad News for Israel, (is there anything else?), the overwhelmingly disadvantaged Palestinians are/have been “fighting a war of national liberation”; for the remaining 22 per cent, ever since, with one arm tied behind by their backs by the cabal of US, EU, UK support of Israel’s deadly expropriation project. The subjugated and oppressed Palestinians have been standing in an American (AIPAC controlled) wind tunnel where their anguished “cry freedom” has been roared down. Nevertheless; the taken 85 per cent remains alive in the topography of the collective psyche of a wounded but stoic Palestinian people, and alive to international law.

The views expressed in this article are the author’s own and do not necessarily reflect Days of Palestine’s editorial policy.

Clive is a writer and abstract artist by training with artworks included in Getty images. He is Human Development Director at Facilitate Global, a London based human rights NGO. Clive is a columnist at Media With Conscience. And staff member at Global News Centre.

Clive acted in an emissary capacity to His Grace the Right Reverend Bishop Riah Abu El Assal (former Anglican Bishop in Jerusalem and the Middle East).

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