State of Palestine
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Case #2 United States of America (Respondent)
Model International Court of Justice (MICJ) Case #2 United States of America (Respondent) Relocation of the United States Embassy to Jerusalem (Palestine v. United States of America) Arkansas Model United Nations (AMUN) November 20-21, 2020 Teeter 1 Historical Context For years, there has been a consistent struggle between the State of Israel and the State of Palestine led by the Palestine Liberation Organization (PLO). In 2018, United States Secretary of State Mike Pompeo announced that the U.S. embassy located in Tel Aviv would be moving to the city of Jerusalem.1 Palestine, angered by the embassy moving, filed a case with the International Court of Justice (ICJ) in 2018.2 The history of this case, U.S. relations with Israel and Palestine, current events, and why the ICJ should side with the United States will be covered in this research paper. Israel and Palestine have an interesting relationship between war and competition. In 1948, Israel captured the west side of Jerusalem, and the Palestinians captured the east side during the Arab-Israeli War. Israel declared its independence on May 14, 1948. In 1949, the Lausanne Conference took place, and the UN came to the decision for “corpus separatum” which split Jerusalem into a Jewish zone and an Arab zone.3 At this time, the State of Israel decided that Jerusalem was its “eternal capital.”4 “Corpus separatum,” is a Latin term meaning “a city or region which is given a special legal and political status different from its environment, but which falls short of being sovereign, or an independent city-state.”5 1 Office of the President, 82 Recognizing Jerusalem as the Capital of the State of Israel and Relocating the United States Embassy to Israel to Jerusalem § (2017). -
On Membership of the United Nations and the State of Palestine: a Critical Account
Leiden Journal of International Law (2021), pp. 1–24 doi:10.1017/S0922156521000418 ORIGINAL ARTICLE INTERNATIONAL LEGAL THEORY On membership of the United Nations and the State of Palestine: A critical account Ardi Imseis* Faculty of Law, Queen’s University, Kingston, Ontario, Canada, K7L 3N6 Email: [email protected] Abstract Against the context of pending judicial proceedings between the State of Palestine and the United States of America (US) at the International Court of Justice (ICJ), this article critically examines the United Nations (UN) commitment to the international rule of law through an examination of its consideration of Palestine’s 2011 application for membership in the organization. The universality of membership of the UN is a foundation upon which the organization rests. The international law governing UN admission has accordingly been marked by a liberal, flexible and permissive interpretation of the test for membership contained in the UN Charter. In contrast, an assessment of the UN’s consideration of Palestine’s applica- tion for membership demonstrates that it was subjected to an unduly narrow, strict and resultantly flawed application of the membership criteria. An examination of the contemporaneous debates of the Council demonstrates that the main driver of this was the US, which used its legal authority as a permanent member of the Council to block Palestine’s membership. The principle argument used against membership was the US’s view that Palestine does not qualify as a state under international law. Notwithstanding, the State of Palestine has been recognized by 139 member states of the UN and has acceded to a number of treaties that furnish it with access to the ICJ. -
Moving-Nowhere.Pdf
MA’AN Development Center MOVINGMOVING NOWHERE: FIRING ZONES AND FORCIBLE TRANSFER IN THE JORDAN VALLEY NOWHERE FIRING ZONES AND FORCIBLE TRANSFER IN THE JORDAN VALLEY 1 2 MOVINGMOVING NOWHERE: FIRING ZONES AND FORCIBLE TRANSFER IN THE JORDAN VALLEY NOWHERE FIRING ZONES AND FORCIBLE TRANSFER IN THE JORDAN VALLEY 2015 3 Table of Contents Introduction 3 Physical Security 6 Eviction Orders And Demolition Orders 10 Psychological Security 18 Livelihood Reductions 22 Environmental Concerns 24 Water 26 Settler Violence 28 Isuues Faced By Other Communities In Area C 32 International Humanitarian Law 36 Conclusion 40 Photo by Hamza Zbiedat Hamza by Photo 4 Moving Nowhere Introduction Indirect and direct forcible transfer is currently at the forefront of Israel’s ideological agenda in area C. Firing zones, initially established as a means of land control, are now being used to create an environment so hostile that Palestinians are forced to leave the area or live in conditions of deteriorating security. re-dating the creation of the state of Israel, there was an ideological agenda within Pcertain political spheres predicated on the notion that Israel should exist from the sea to the Jordan River. Upon creation of the State the subsequent governments sought to establish this notion. This has resulted in an uncompromising programme of colonisation, ethnic cleansing and de-development in Palestine. The conclusion of the six day war in 1967 marked the beginning of the ongoing occupation, under which the full force of the ideological agenda has been extended into the West Bank. Israel has continuously led projects and policies designed to appropriate vast amounts of Palestinian land in the West Bank, despite such actions being illegal under international law. -
US “Peace Plan” for the Middle East
AT A GLANCE US 'Peace Plan' for the Middle East On 28 January 2020, United States President Donald Trump released his administration's 'vision for Israeli- Palestinian peace'. The White House Plan, coupled with earlier Trump administration moves, marks a distinct departure from past US policy on the Middle East Peace Process. Key elements are illegal under international law, as they advocate the annexation of occupied territory. Israeli leaders have welcomed the plan, seen as meeting Israel's key demands. The leadership of the Palestinian Authority (PA) and Hamas have been united in rejecting the proposal, and the PA has since cut ties with Israel and the USA. The plan is meant to serve as the basis for future direct negotiations between Israel and the Palestinians, to stretch over four years. However, the Israeli government has announced plans to implement parts of it unilaterally in the near future. Key points of the White House plan Palestinian statehood. The 'Peace to Prosperity' plan would see Israel agree to the creation of a future Palestinian state as set out in 'a conceptual map'. However, the establishment of a – demilitarised – Palestinian state within four years is subject to several conditions, which are difficult to meet under current circumstances. They include the Palestinian Authority (PA) taking control in Gaza, the disarming of Hamas, Palestinian Islamic Jihad and other armed groups, a commitment to non-violence and recognition of Israel as 'the nation state of the Jewish people'. The capital of the Palestinian state would comprise a Palestinian town outside the city of Jerusalem and several eastern Jerusalem neighbourhoods (see below). -
Netanyahu's Annexation Plan Can't Be Stopped by Efraim Inbar
Netanyahu's Annexation Plan Can't Be Stopped by Efraim Inbar April 29, 2020 https://www.meforum.org/60838/netanyahu-annexation-plan-cant-be-stopped Israeli Prime Minister Benjamin Netanyahu's plan to annex the Jordan Valley is not just a far-right wish, but the fulxllment of long- standing Israeli security objectives. Further, despite alarms by Netanyahu's critics in the United States and elsewhere about the plan, there is Annexation of the Jordan Valley is a long-standing objective actually widespread attracting widespread agreement among Israelis. agreement among Israelis about the strategic importance of the valley. That's why Blue and White leader Benny Gantz could sign off on the deal to form an emergency government. The consensus extends to Labor and even members of the opposition to the new national unity government. The extension of Israeli law to the Jordan Valley is in accordance with former Israeli Prime Minister Yitzhak Rabin's strategic tenets (the Allon Plan). Notably, more Israelis view the Jordan Valley as an indispensable defensible border than the Golan Heights. Defensible borders are More Israelis view the Jordan particularly necessary considering that the threats to Valley as indispensable than the Israel's population centers and Golan Heights. its strategic installations have increased in the 21st century. Iran hopes to establish a "Shiite Crescent" from the Gulf, via Iraq, Lebanon and Syria to the Mediterranean. Iran's objective is to turn Syria, Lebanon and Iraq into launching pads for missile and terror attacks against Israel. Iran also plans to destabilize the Hashemite Kingdom of Jordan and create a land bridge to the Palestinian Authority (close to Israel's heartland) in order to enhance its ability to harm Israel. -
A Staircase in Nahr El Bared the Future of Palestinian Refugees in Lebanon
BRIEFING PAPER October 2010 A STAIRCASE IN NAHR EL BARED THE FUTURE OF PALESTINIAN REFUGEES IN LEBANON EXECUTIVE SUMMARY LEBANON’S RELATIONS WITH Palestinian refugees, one not primarily between Lebanese and Palestinian positions; of the most sensitive issues in the country, was put at the rather, one of the main sources of tension is over the on- forefront of parliamentary and public debates on June 15, going peace process between the PLO and Israel. Both 2010, when a series of legislative proposals were presented Lebanese and Palestinian actors are split over whether to to re-examine the refugees’ legal status and to resolve the support negotiations with Israel or whether to advocate issues surrounding their civil rights.1 It was the culmination resistance to Israel. The main variable impacting the status of a national discussion that began in 2005, in which a new of the Palestinians in Lebanon, over which local actors have atmosphere advocating the examination of the refugee issues very little control, is the outcome of the Middle East Peace started to emerge. Process—in particular, whether it will impose a permanent settlement of the Palestinian refugees in Lebanon (known as The fact that on August 17th the Lebanese parliament “tawteen”), which is prohibited by the Lebanese constitution. managed to pass amendments facilitating the refugees’ access to the labor market is a positive indication that the Lebanese Given the complexity of the situation, the issues that are under society and its political establishment have put the period the control of local players—such as civil rights—must be of the civil war behind them and are able to tackle such a isolated in order to be properly addressed. -
National Report, State of Palestine United Nations
National Report, State of Palestine United Nations Conference on Human Settlements (Habitat III) 2014 Ministry of Public Works and Housing National Report, State of Palestine, UN-Habitat 1 Photo: Jersualem, Old City Photo for Jerusalem, old city Table of Contents FORWARD 5 I. INTRODUCTION 7 II. URBAN AGENDA SECTORS 12 1. Urban Demographic 12 1.1 Current Status 12 1.2 Achievements 18 1.3 Challenges 20 1.4 Future Priorities 21 2. Land and Urban Planning 22 2. 1 Current Status 22 2.2 Achievements 22 2.3 Challenges 26 2.4 Future Priorities 28 3. Environment and Urbanization 28 3. 1 Current Status 28 3.2 Achievements 30 3.3 Challenges 31 3.4 Future Priorities 32 4. Urban Governance and Legislation 33 4. 1 Current Status 33 4.2 Achievements 34 4.3 Challenges 35 4.4 Future Priorities 36 5. Urban Economy 36 5. 1 Current Status 36 5.2 Achievements 38 5.3 Challenges 38 5.4 Future Priorities 39 6. Housing and Basic Services 40 6. 1 Current Status 40 6.2 Achievements 43 6.3 Challenges 46 6.4 Future Priorities 49 III. MAIN INDICATORS 51 Refrences 52 Committee Members 54 2 Lists of Figures Figure 1: Percent of Palestinian Population by Locality Type in Palestine 12 Figure 2: Palestinian Population by Governorate in the Gaza Strip (1997, 2007, 2014) 13 Figure 3: Palestinian Population by Governorate in the West Bank (1997, 2007, 2014) 13 Figure 4: Palestinian Population Density of Built-up Area (Person Per km²), 2007 15 Figure 5: Percent of Change in Palestinian Population by Locality Type West Bank (1997, 2014) 15 Figure 6: Population Distribution -
B'tselem Report: Dispossession & Exploitation: Israel's Policy in the Jordan Valley & Northern Dead Sea, May
Dispossession & Exploitation Israel's policy in the Jordan Valley & northern Dead Sea May 2011 Researched and written by Eyal Hareuveni Edited by Yael Stein Data coordination by Atef Abu a-Rub, Wassim Ghantous, Tamar Gonen, Iyad Hadad, Kareem Jubran, Noam Raz Geographic data processing by Shai Efrati B'Tselem thanks Salwa Alinat, Kav LaOved’s former coordinator of Palestinian fieldworkers in the settlements, Daphna Banai, of Machsom Watch, Hagit Ofran, Peace Now’s Settlements Watch coordinator, Dror Etkes, and Alon Cohen-Lifshitz and Nir Shalev, of Bimkom. 2 Table of contents Introduction......................................................................................................................... 5 Chapter One: Statistics........................................................................................................ 8 Land area and borders of the Jordan Valley and northern Dead Sea area....................... 8 Palestinian population in the Jordan Valley .................................................................... 9 Settlements and the settler population........................................................................... 10 Land area of the settlements .......................................................................................... 13 Chapter Two: Taking control of land................................................................................ 15 Theft of private Palestinian land and transfer to settlements......................................... 15 Seizure of land for “military needs”............................................................................. -
Mapping Peace Between Syria and Israel
UNiteD StateS iNStitUte of peaCe www.usip.org SpeCial REPORT 1200 17th Street NW • Washington, DC 20036 • 202.457.1700 • fax 202.429.6063 ABOUT THE REPO R T Frederic C. Hof Commissioned in mid-2008 by the United States Institute of Peace’s Center for Mediation and Conflict Resolution, this report builds upon two previous groundbreaking works by the author that deal with the obstacles to Syrian- Israeli peace and propose potential ways around them: a 1999 Middle East Insight monograph that defined the Mapping peace between phrase “line of June 4, 1967” in its Israeli-Syrian context, and a 2002 Israel-Syria “Treaty of Peace” drafted for the International Crisis Group. Both works are published Syria and israel online at www.usip.org as companion pieces to this report and expand upon a concept first broached by the author in his 1999 monograph: a Jordan Valley–Golan Heights Environmental Preserve under Syrian sovereignty that Summary would protect key water resources and facilitate Syrian- • Syrian-Israeli “proximity” peace talks orchestrated by Turkey in 2008 revived a Israeli people-to-people contacts. long-dormant track of the Arab-Israeli peace process. Although the talks were sus- Frederic C. Hof is the CEO of AALC, Ltd., an Arlington, pended because of Israeli military operations in the Gaza Strip, Israeli-Syrian peace Virginia, international business consulting firm. He directed might well facilitate a Palestinian state at peace with Israel. the field operations of the Sharm El-Sheikh (Mitchell) Fact- Finding Committee in 2001. • Syria’s “bottom line” for peace with Israel is the return of all the land seized from it by Israel in June 1967. -
State of Palestine ‘Escalation in the Gaza
State of Palestine ‘Escalation in the Gaza Strip, the West Bank and Israel’ Report No. 4 3 June 2021 SoP/2021/Eyad AlBaba - UNICEF Ⓒ UNICEF Special Representative and UNICEF partners with youth volunteers cleaning rubble and debris from the streets and schools of Gaza City caused by the recent hostilities. 02 June 2021 Situation in Number Highlights 73 Children killed (71 • No further hostilities have been reported in the Gaza Strip since the ceasefire Palestinians & 2 Israelis) on 21 May. However, 8,500 people still remain internally displaced. • On 25 May, 120,000 doses of Pfizer vaccine arrived through the COVAX 1,006 Children injured mechanism, with 45,000 doses already delivered to the Gaza Strip. • The three major desalination plants in the Gaza Strip are back in operation, (946 Palestinians & 60 operating for 8 hours each per day, serving approximately 370,000 people. Israelis) • UNICEF with partners mobilized over 1,000 adolescent volunteers towards clean-up efforts and to provide support to internally displaced persons in the 8,500 Internally Gaza Strip in the aftermath of the recent escalation. Displaced People remain • UNICEF delivered 156,700 medical consumables items to the Gaza Strip, as with host families well as 7,500 catheter tubes and 250 oxygen prongs for neonates to Al- Makased hospital in East Jerusalem. • UNICEF has provided Psychosocial Support Services (PSS) to 3,000 children 57 Educational facilities in Hebron Area C, H2 and East Jerusalem. damaged • The Education Cluster co-led by UNICEF and Save the Children, and the UNICEF-led WASH cluster are undertaking assessments to contribute to the 29 Health facilities Rapid Damage Needs Assessment (RDNA), and UNICEF is contributing to the Social Protection and Youth components of the RDNA undertaken by the World damaged Bank, the EU and the UN. -
State of Palestine** and Precautions
State of Palestine** and precautions. On the Palestinian side, arbitrary detention and ill-treatment, application of the death Field Country Office penalty, and arbitrary restrictions of the rights to presence Operation established in 1996 freedom of expression and association are of serious concern. Moreover, various armed groups in Gaza Engagement with the human rights mechanisms have fired hundreds of rockets indiscriminately In 2012, the General Assembly voted to recognize into Israel in clear violation of international law. the State of Palestine as a non-member observer State. Permeating the entire situation in the Occupied Palestine has not yet become a State Party to any of the Palestinian Territory (OPT) with respect to both international human rights conventions. Israel and Palestinian actors is a culture of impunity, under which alleged violations are not investigated Visits by special procedures in the past five years effectively and perpetrators are almost never held to Special Rapporteur on the situation of human rights in the account. Palestinian Territories occupied since 1967 (2012) Special Rapporteurs on adequate housing (2012); and The OHCHR field presence was established in 1996 freedom of opinion and expression (2011) to implement the mandate of the High Commissioner Pending visit requests by special procedures to promote and protect the effective enjoyment and full realization of all human rights and fundamental None freedoms by all people in the OPT without discrimination. This mandate includes monitoring and Specific -
A74/22 Provisional Agenda Item 25 20 May 2021
SEVENTY-FOURTH WORLD HEALTH ASSEMBLY A74/22 Provisional agenda item 25 20 May 2021 Health conditions in the occupied Palestinian territory, including east Jerusalem, and in the occupied Syrian Golan Report by the Director-General 1. In 2020, the Seventy-third World Health Assembly adopted decision WHA73(32), which requested the Director-General, inter alia, to report on progress made in the implementation of the recommendations contained in his report,1 based on field monitoring, to the Seventy-fourth World Health Assembly. This report responds to that request. SUPPORT AND HEALTH-RELATED TECHNICAL ASSISTANCE TO THE POPULATION IN THE OCCUPIED PALESTINIAN TERRITORY, INCLUDING EAST JERUSALEM, AND IN THE OCCUPIED SYRIAN GOLAN 2. In 2020, WHO provided support and health-related technical assistance to the Palestinian people in the occupied Palestinian territory, including east Jerusalem, in line with the strategic priorities identified jointly with the Palestinian Ministry of Health and partners in the Country Cooperation Strategy for WHO and the occupied Palestinian territory 2017–2020. These priorities align with WHO’s Thirteenth General Programme of Work, 2019–2023. Following the declaration of COVID-19 as a public health emergency of international concern in January 2020, WHO scaled up its critical functions for emergency response, in line with the International Health Regulations (2005) and as the lead agency of the Inter-Agency Standing Committee’s Global Health Cluster. 3. The WHO Health Emergencies Programme, in line with the second strategic priority of the Country Cooperation Strategy, was instrumental in preparedness and response to the COVID-19 pandemic in the occupied Palestinian territory in 2020.