Palestinian Declaration of Independence

Palestinian Declaration of Independence

The Palestinian Declaration of Independence is a statement written by [3]

On 28 October 1974, the 1974 Arab League summit held in Rabat designated the PLO as the "sole legitimate representative of the Palestinian people and reaffirmed their right to establish an independent state of urgency."[4]

Legal justification for the declaration was based on

Bibliography

  1. ^ Dan Cohn-Sherbok,The Palestinian State: A Jewish Justification, Impress Books, 2012 p.105.
  2. ^ Sayigh, 1999, p. 624.
  3. ^ Silverburg, 2002, p. 198.
  4. ^ Madiha Rashid al Madfai, Jordan, the United States and the Middle East Peace Process, 1974-1991, Cambridge Middle East Library, Cambridge University Press (1993). ISBN 0-521-41523-3. p 21.
  5. ^ Berchovitch and Zartman, 2008, p. 43.
  6. ^ Baroud in Page, 2004, p. 161.
  7. ^ Political Statement accompanying the Palestinian Declaration of Independence
  8. ^ Yasser Arafat, Speech at UN General Assembly
  9. ^ Silverburg, 2002, p. 42.
  10. ^ a b Quigley, 2005, p. 212.
  11. ^
  12. ^ Political communique Palestine National Council. Algiers, November 15, 1988. Official translation.
  13. ^ Yasser Arafat, Speech at UN General Assembly Geneva, General Assembly 13 December 1988 - Le Monde Diplomatique
  14. ^ Arafat Clarifies Statement to Satisfy U.S. Conditions for Dialogue, 14 December 1988 - Jewish Virtual Library
  15. ^
  16. ^
  17. ^
  18. ^ The Palestine Yearbook of International Law; Kassim, 1997, p. 49.
  19. ^ UNGA, 29 November 2012; Resolution 67/19. Status of Palestine in the United Nations (doc.nr. A/RES/67/19); Draft-resolution: A/67/L.28 d.d. 26 November 2012]
  20. ^
  21. ^
  22. ^
  23. ^

References

i.   ^ The Palestine Basic Law, approved by the PLC in May 2002, states unambiguously "Jerusalem is the Capital of Palestine" (source: [1]). Ramallah is the administrative capital where government institutions and foreign representative offices of Australia, Brazil, Canada Colombia, Czech Republic, Denmark, Finland, Germany, Malta, the Netherlands, South Africa, and Switzerland are located. Jerusalem's final status awaits future negotiations between Israel and the Palestinian Authority (see "Negotiating Jerusalem", University of Maryland). The United Nations and most countries do not accept Israel's claim over the whole of Jerusalem (see Kellerman 1993, p. 140) and maintain their embassies to Israel in other cities (see the CIA Factbook).

Footnotes

See also

On 31 December 2014, the United Nations Security Council voted down a resolution demanding the end of Israeli occupation and Palestinian statehood by 2017. Eight members voted for the Resolution (Russia, China, France, Argentina, Chad, Chile, Jordan, Luxembourg). However the resolution did not get the minimum of nine votes needed to pass the resolution. Australia and the United States voted against the resolution, with the United Kingdom, Lithuania, Nigeria, South Korea and Rwanda abstaining.[21][22][23]

On 29 November 2012, the Palestinian people within the United Nations system.

As a result of the declaration, the United Nations system." One hundred and four states voted for this resolution, forty-four abstained, and two - the United States and Israel - voted against.[17] By mid-December, 75 states had recognised Palestine, rising to 93 states by February 1989.[18]

The declaration was accompanied by a PNC call for multilateral negotiations on the basis of UN Security Council Resolution 242. This call was later termed "the Historic Compromise",[11] as it implied acceptance of the "two-state solution", namely that it no longer questioned the legitimacy of the State of Israel.[10] The PNC's political communiqué accompanying the declaration called only for withdrawal from "Arab Jerusalem" and the other "Arab territories occupied."[12] Yasser Arafat's statements in Geneva a month later[13][14] were accepted by the United States as sufficient to remove the ambiguities it saw in the declaration and to fulfill the longheld conditions for open dialogue with the United States.[15][16]

Consequences

The declaration's reference to Palestine being the "land of the three monotheistic faiths" has been held as recognising the Jewish historical connection to the land, instead of arguing that Jews are colonists and foreigners in the land. Referring to "the historical injustice inflicted on the Palestinian Arab people resulting in their dispersion and depriving them of their right to self-determination," the declaration recalled the Treaty of Lausanne (1923) and UN General Assembly Resolution 181 as supporting the rights of Palestinians and Palestine. The declaration then proclaims a "State of Palestine on our Palestinian territory with its capital Jerusalem".[9][10] The borders of the declared State of Palestine were not specified. The population of the state was referred to by the statement: "The State of Palestine is the state of Palestinians wherever they may be". The state was defined as an Arab country by the statement: "The State of Palestine is an Arab state, an integral and indivisible part of the Arab nation".

The declaration does not explicitly recognize the State of Israel. However, an accompanying document[7] that explicitly mentions UN Security Council Resolution 242 and Yasser Arafat's statements in Geneva a month later were accepted by the United States as sufficient to remove the ambiguities in the declaration.[8] Based on these statements, the declaration can be interpreted to have recognized Israel in its pre-1967 boundaries.

The declaration concerns the Palestine region, as defined by the British Mandate of Palestine, which includes the whole of Israel as well as the West Bank and the Gaza strip. It references the United Nations Partition Plan for Palestine of 1947 (which also serves as the basis for Israel's declaration of independence) and "UN resolutions since 1947" in general. It invokes the Partition Plan as providing legitimacy to Palestinian statehood, at which time the Palestinian Arab leadership refused to accept the partition resolution (as opposed to the Jewish Agency (which would later form the nucleus of the State of Israel), which accepted the Partition Plan).

Map comparing the borders of the 1947 partition plan and the armistice of 1949.

Boundaries defined in the 1947 UN Partition Plan for Palestine:

  Area assigned for a Jewish state;
    Area assigned for an Arab state;
    Planned Corpus separatum with the intention that Jerusalem would be neither Jewish nor Arab

Armistice Demarcation Lines of 1949:

      Israeli controlled territory from 1949;
    Arab controlled territory until 1967

Significance

Contents

  • Significance 1
  • Consequences 2
  • See also 3
  • Footnotes 4
  • References 5
  • Bibliography 6

The PLO began to exersize a limited rule in the Areas A and B of the West Bank and Gaza Strip as a consequence of the 1993 Oslo Accords, under the umbrella of the Palestinian National Authority. In 2012, Palestine was upgraded to the status of non-member observer state in the UN and since 2013 Palestine gained UN recognition as State of Palestine.

between 1988 and 1994. government in exile. The PLO was hence a Israel's capital which was under Israeli control and claimed by it as [6][i] as the capital of Palestine,Jerusalem and designated [5]