Let us then look at another feature of international law that is called "sovereignty". Sovereignty over territory means "the right to exercise therein, to the exclusion of any other state, the functions of a state".
Combine the two, and you will reach the conclusion that Britain was the sovereign ruler over the Palestine protectorate. A sovereign ruler or state has certain rights, and certain obligations. It does not matter whether Britain claimed to own the land, it does not matter that it was not a crown colony, it doesnt matter what the League of Nations said. These things do not matter, what does matter is who is the de facto owner over the territory. And that was Britain.
It matters very much what the LoN said.
Whereas the Principal Allied Powers have selected His Britannic Majesty as the Mandatory for Palestine; and
Whereas the mandate in respect of Palestine has been formulated in the following terms and submitted to the Council of the League for approval; and
Whereas His Britannic Majesty has accepted the mandate in respect of Palestine and
undertaken to exercise it on behalf of the League of Nations in conformity with the following provisions; and
Whereas by the aforementioned Article 22 (paragraph 8) it is provided that the degree of authority, control or administration to be exercised by the Mandatory, not having been previously agreed upon by the Members of the League, shall be explicitly defined by the Council of the League of Nations;There followed 20+ articles, all stipulating what could and could not be done by the mandated power, articles such as
Article 5
The Mandatory shall be responsible for seeing that no Palestine territory shall be ceded or leased to, or in any way placed under the control of, the Government of any foreign Power.
Britain administered themandated territory, within rules laid out by the LoN. Britain did not own the territory, and was answerable to the LoN for it's actions in carrying out the Mandate.
Sovereign powers are not answerable to anyone for their actions, by defenition.
Britain was not the sovereign power in Palestine, it was the administrator.
Britain recognized the ultimate authority of the LoN in the mandated territory.
The correct term for this is abandonment. Abandonment of a territory occurs when a state declares that it will no longer exercise authority over a territory, and effectively seize to exercise control over the territory.
What happened after that? Well the territory became terra nullius, territory that does not belong to any state.
Then you have abandoned the position Britain ceded the territory to Israel?
If that is the case, the ownership or not of the territory by Britain becomes irrelevant.
We start with 2) a defined territory. The control of territory is the essence of a state. This is the basis of the central notion of "territorial sovereignty". The state must have exclusive competence to take legal and factual measures within that territory and it must be capable of prohibiting other foreign governments from exercising authority in the same area without consent.
Governments in exile have been recognized widely in the past.Nazi Germany held control over most of Europe, but was not recognized by many countries as the sovereign power, owner, whatever.
Nobody, not even the Germans, recognized Holland, Belgium, Norway etc as parts of Germany, or assumed they were no longer states. Some recognized the puppet governments, some recognized the governments in exile.
Control does not imply ownership, ownership does not imply control.
Israel on the other hand fulfills all the criteria, AND most states, including the UN recognizes the fact that Israel have control over the west bank, gaza strip and golan heights de facto. That means, that Israel owns these territories. Regardless of what other people want/wish/hope.
Control is not ownership.
Name the countries that recognize the West Bank as part of Israel.
Here's a few that do not:
The US
The UK
The UN (not a country)
The EU (not a country)
Russia
Israel.
Not even Israel claims the West Bank as part of Israel, legally.
Israel occupied the West Bank, Gaza, the Golan. It annexed the Golan, and parts of Jerusalem, into Israeli territory. It has never claimed the West Bank or Gaza as Israeli territory, and neither they, nor the Golan, are recognized as Israeli territory by other countries.
From the US state department web site:
As a result of the 1967 War, Israel occupied the West Bank, the Gaza Strip, East Jerusalem, and the Golan Heights. The international community does not recognize Israel's sovereignty over any part of the occupied territories
2) The UN has no jurisdiction over internal matters in the member states.
The West Bank and Gaza are not recognized as internal territory of Israel. They are reffered to as occupied territory, even by Israel.
Here you are confusing two types of "occupation". The one in the Geneva convention aims at military occupation in a war (unless I'm sadly misstaken), the Israeli occupation of the west bank is another kind of occupation (the one where you claim something that has been abandoned by occupying it).
Israel has not claimed the west Bank or Gaza.
The ICRC regarded the fourth Geneva convention as applying to the West Bank and Gaza. It believes all those areas not under Palestinian local administration do fall under the terms of the convention. As an opinion, forgive me for trusting the ICRC's legal opinion over yours.
Once again, perhaps I should have taken the time to explain it all in greater detail before. When Britain abandoned the territory, the territory became terra nullius. Jordan moved in on the west bank and occupied it. At this moment in time, Jordan owns the west bank. After another war, Israel occupies the west bank. In the peace settlement between Israel and Jordan, Jordan abandons the west bank. Suddenly Israel owns the west bank. Please read through this explanation a couple of times until you understand it.
Jordan did claim ownership of the West Bank. Few countries recognized it, and Jordan has since withdrawn the claim.
Israel does not claim ownership of the West Bank, refering to the area as "disputed territory".
Your first claim was that Jordan didn't own the territory, because it was taken in war, but Israel does own the territory, because it was taken in war.
If you are now saying Jordan did own it, then the status of the territory can not have been "abandoned" when Israel captured it. The status of the territory is simply part of Jordan occupied by Israel. Please make up your mind, was the West Bank owned by Jordan or not. You are saying yes and no in different parts of your answer.
And if international law is not applicable, then Israeli national law is.
Israel does not apply Israeli national law in the territories. Israeli national law is applied to Israeli citizens in the territories, but Israeli military law is applied to non-citizens in the territories, ie 90% of the population.
I say that a country or a nation is not a living entity, and thus it is incapable of independent thought, a prerequisite for forming goals or intentions. If you see things differently, fine, go talk to a psychologist or something.
Read Ossie's post. Read the quote I gave you from Kennedy.
I could understand your position if you did not use similar phrases yourself. I could understand your position if you shut up when it was pointed out you used similar phrases yourself.
Continuing to suggest someone seek psychiatric help for using similar phrases to ones you use yourself is obviously not hypocrisy, but something else entirely.
Well, actually I think the 9 year-old with a stone is more of a threat to any IDF infantryman. Perhaps the Merkavas were shooting to cover said infantrymen?
I don't think a 9 year old without a gun is a threat to an armed soldier in any way.
Regardless of which, as soon as that 9 year-old has decided to take to the streets and throw rocks at armed soldiers, he will have to face the consequences of his actions. There is a very easy way to avoid the entire situation: Stay at home. And the neglect of the parents is beyond belief. Any parent letting his 9 year-old kid go out in the street to throw rocks at IDF soldiers should not be a parent at all.
Stone throwing by children is a crime. It is not a threat to life.
Shooting criminals in the act, if they do not present a danger, is an act of extra-judicial execution.
The role of law enforcement, in which Israeli soldiers are operating, is to prevent crimes, not punish them.
Any parent must let a 9 year old child out, or else keep them under permament curfew.
I have heard of negligence, have you heard about criminal negligence and its relation to negligence?
Yes. I would say leaving a booby trap bomb in a refugee camp, which then explodes killing five children, is an act of criminal negligence.