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Barry Shaw


Barry Shaw author of ISRAEL - RECLAIMING THE NARRATIVE, October 11, 2011

It is obvious that the Palestinians will not achieve the legal stamp of statehood after they turned up at the United Nations on September 20. They were aware that, despite having the bulk of the votes in the General Assembly, their statehood bid will fail with an American veto in the Security Council. So, why did they go?
They went for two reasons.
What they wanted to achieve from their UN tactics was, firstly, to win the consensus of widely covered international recognition for their cause of a state within 1967 borders and with Jerusalem as their capital. Although the phrase “mutually agreed land swops” is often included in this formula this has no relevance in Palestinian intentions with regard to Jerusalem.
The simple understanding of a Palestinian state within 1967 borders will be the cause of a prolonged public opinion campaign to force Israel into conceding to indefensible borders. Failure to comply with this will make Israel appear to be the ongoing obstacle to peace.
By placing Jerusalem as their Palestinian capital on the public record they will attempt to pull the rug out of Israel’s cherished position that Jerusalem must remain the undivided capital of Israel. Why do they need Jerusalem as their capital? Surely one of their claims is that they have built up their national institutions and infrastructure of statehood, and they did that in Ramallah. That is where their president sits. That is where the Prime Minister's office is. That is where their "national" legislature resides. That is where their founding hero, Yasser Arafat is buried. So, surely, Ramallah should be touted by them as their capital? But no. They want to split apart the Jewish notion that Jerusalem should remain as the undivided capital of Israel.
The majority of those that will vote in favour of this proposal know the radical implications of this resolution. Those who are ignorant of the significance of 1967 lines need to be reminded that this would include Israel being forced to cede to the Palestinians such valuable real estate assets as The Temple Mount, The Wailing Wall, The Hurva Synagogue, The Jewish Quarter of the Old City, The Rockefeller Museum, Hadassah Hospital, the Mount of Olives, the Garden of Gethsemane, the Room of the Last Supper, the Church of the Holy Sepulchre.
This is happening at a time when the Palestinian Ambassador to the United States confirmed his President Abbas’s statements that the PLO opposes the presence of Jews and gays in an independent Palestinian state. In other words Judenrein - free of Jews.
But this is not the main thrust of Palestinian representation at the UN. The main item on their agenda is to improve their standing within the fabric of the United Nations. The Palestinian Authority Foreign Minister, Raid Maliki, announced from Ramallah that his President, Mahmoud Abbas, intends to request full U.N. membership. He is not likely to get it, but the Palestinians are seeking to accept increased U.N. status from observer to non-member status.
This would put them on a par with the Vatican, but the Pope has no intention of eliminating Italy, and the Swiss Guard are not suicide bombers and are not armed with rockets. Neither do they subscribe to “the armed struggle.” In the important scenario that the Vatican took the violent course of action that Palestinian society has taken against Israel they would immediately lose any preferred status at the United Nations. So why should the Palestinian enjoy parity with the Vatican?
Their increased stature would allow them to lodge claims and complaints with United Nations bodies, top heavy with Palestinian cheerleaders, such as the United Nations Human Rights Council, and also to the International Criminal Court in the Hague.
In January, 2009, The Palestinians tried to take advantage of an obscure provision in the Rome Statute (the treaty establishing the ICC) that allows states that have not joined the ICC to grant the prosecutor authority to investigate crimes on its soil. The provision, Article 12.3, says that a state "which is not a party" to the Rome Stature may lodge a declaration to the ICC registrar accepting the "exercise of jurisdiction by the court with respect to the crime in question." They did so in order to attempt to bring claims of “war crimes” to the Hague.
The ICC's chief prosecutor, Luis Moreno-Ocampo, has mulled over a decision on whether to accept the investigation and is unlikely to do so before the General Assembly acts. A decision by the General Assembly recognizing Palestine, while not legally binding, will increase pressure on Moreno-Ocampo to make up his mind, according to legal experts.
The U.N. General Assembly's "recognition of Palestinian statehood would likely bolster the argument that the Palestinian territory is a state for purposes of Article 12 of the Rome Statute," said James Goldston, a former ICC trial attorney and executive director of the Open Society's Justice Initiative. "Once the statehood legal hurdle is surmounted -- by no means a sure thing -- the question would arise of how far back jurisdiction attaches."
At that time, the Palestinians asked the prosecutor to exercise jurisdiction over major warcrimes dating back to 2002, opening the door to possible investigations of Operation Cast Lead. But legal scholars remained divided over whether the prosecutor can open cases dating back that far. Once the Palestinians achieve higher standing in the United Nations such restrictions may no longer apply.
It is clear that if this is the aim of the Palestinians. Mahmoud Abbas admitted this in his newspaper article which appeared in the New York Times of May 16, 2011 in which he wrote “Palestine’s admission to the United Nations would pave the way for the internationalization of the conflict as a legal matter, not only a political one. It would also pave the way for us to pursue claims against Israel at the United Nations, human rights treaty bodies and the International Court of Justice”.

So, a prime purpose of the United Nations exercise is not to establish a secular Palestinian state living in peace alongside Israel. Rather it is one that will begin as a racist Islamic state that excludes Jews as they continue to pursue their delegitimisation campaign against Israel. As Abbas admits, we can expect to see constant resolutions, tribunal
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Rhonda Spivak, Editor

Publisher: Spivak's Jewish Review Ltd.

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