Thieving Israeli soldiers not prosecuted

Once again:
The UN tried to concluded the document of the Mandate with resolutio 181, but since it was never been accepted by hte Arabs, and thus never been fulfilled, then it didnt effect the documet of the Mandate.

 

The UN says it concluded the Mandate document in 1948.

 

http://unispal.un.org/UNISPAL.NSF/0/C5E97ED405EA5D2D802564990059FE0A

------RELIEVES the Palestine Commission from the further exercise of responsibilities under resolution 181 (II) of 29 November 1947.
B

Resolution Adopted without Reference to a Committee

THE GENERAL ASSEMBLY,

HAVING ADOPTED a resolution providing for the appointment of a United Nations Mediator in Palestine, which relieves the United Nations Palestine Commission from the further exercise of its responsibilities,

RESOLVES to express its full appreciation for the work performed by the Palestine Commission in pursuance of its mandate from the General Assembly.

14 May 1948------


The UN ended the Mandate document, and UN responsibilities for the mandate, on May 14, 1948.

 

As you can read for yourself, the UN decelred the Mandate to be over becuase of resolution 181 that the UN believed that it would have the solution that will replace the Mandate, and by that will be the reason to terminate the document of the Mandate, but since resolution 181 was never been fulfilled and even not accepted by the two sides (the Arabs rejeceted it, while the Jews accepeted), then the there was no replaced agreement to the Mandate, so thus the Mandate still lives on until such agreement will be signed.

 

you are again 100% wrong.

must be cause you're having trouble reading and understanding the UNSCOP document that I provided.

The British handed over authiority and responsibility for the Mandate to the UN. The UN, through UNSCOP, tried to find a solution to the crisis and conflict. They devised UNGA 181, to settle the issue of Palestine. But UNGA 181 did not work, the UN saw this, so they instead decided to just cancel/conclude the Mandate, end UNSCOP's authority and responsibilities over Palestine, and say goodbye to the issue.

its plain English, bro.

 

No where in the document does it declare the mandate is over(document was written May 14 date of mandate ending, its ending was announced previous November of document) Here is what it said
"HAVING ADOPTED a resolution providing for the appointment of a United Nations Mediator in Palestine, which relieves the United Nations Palestine Commission from the further exercise of its responsibilities"
This statement says the United Nations Palestine Commission is relieved of its responsibility to try to end conflict between Jews and Arabs with United Nations mediator appointed to broker a truce between two sides(this was written on May 14 1948 the day the mandate ended and Israel declared its independence, before that intercommual civil war was raging since November 1947 and turned into a wider war after 5 Arab countries invaded Israel). What ended the mandate was Britain announcing end of mandate in November 1947(this was after handing it over to UN to solve the problem failed) to be next May 14 1948 which is the same date the state of Israel was proclaimed fulfilling goal of the mandate(there is nothing that says mandate needs to be replaced since indisputable the goal of the mandate has been achieved with a Jewish home proclaimed and formed in Palestine the same day mandate ended). Also resolution 181 is not legally binding as it was a UNGA(United Nations General Assembly, if the UNSC passed it, the partition would have been binding but it wasn't passed by UNSC) resolution which means it has no legal relevancy.

 

The Mandate for Palestine was ended in May, 1948, by the UNGA and UNSCOP.

 

"The problem for you here is that according to Article 80 of the UN Charter, the rights that were granted to people in prior Mandates (prior to 1946) would be kept, and thus the rights that were granted to the Jews in the document of the Mandate are still valid and because of that it can be used regarding Judea and Samaria since this area is part of "Palestine", and since the document of the Mandate didnt specified any borders, then the area of Judea and Samaria can be included since, once again, it is part of "Palestine" and that Article 80 of the UN Charter protects. "
Since the document of the Mandate wasnt concluded, then nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments. Which means that the rights that were granted in the document of the Mandate (when Article 80 created in 1946 it referred to Mandate that were existed prior to 1946) cant be touched in any way. And it is valid till toady because the Mandate has yet to be concluded. (in May 1948 the British Mandate was conclude but not the document of the Mandate) (in two sentences you just said mandate wasn't concluded and next sentence mandate concluded make up your mind) . "
The mandate is a temporary arrangement, that is a fact there is nothing that makes it lasting forever. A document for something like the mandate that has been concluded can't be alive again you don't even use simply logic. Article 80 also notes when it's not applicable any more
"Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trusteeship system, and until such agreements have been concluded"
The mandate is concluded since as noted previously a Jewish home in Palestine the goal of the mandate;was proclaimed the day(Israel's declaration of independence) the mandate ended.

"s I already wrote to you:
Also the exeprts I cited are international law experts like Dr. Gauthier that studied this topic for 26 years and even wrote his thesis on this metter, Prof. Rostow that was one of the drafters of Resolution 242, Dr, Howard Grief- the legal advisor in matters of international law pertaining to the Land of Israel and Jewish rights thereto in the Israeli governments etc.
AFAI- It seems that you are in some competition "who has more experts". It is like "who has bigger ****". It doesn't do you any justice.
Howard Grief advised Israeli governments(he also advised Shamir one most right wing outside of Bibi's recent governments) so it not suprisngly that he would say settlements are legal and that article 80 would apply. I"m just debating the facts of the case and the fact is most experts in international law including Theodore Meron, James Crawford, Christine Chanet, Theo Von Boven, Ben Sal, and John Dugard along with majority of international law scholars say Gauthier, Stone, Rostow, and Grief are wrong.

Nowhere does it say that

 

I read and understood the document.

It's indeed plain English, and that's why I'm amazed to see that you didnt notice that in the document you provided here, not once was written "the document of the Mandate".
The document of UNESCOP only talks about "the Palestine Commission" of the UN because of resolution 181 that at that time thought they could make it happened, and thus conclueded the exercise of the "Palestine" Commission. But since the document is not referring to the document of the Mandate nor cenceling it, then you cant say that the document of UNESCOP is cenceling the document of the Mandate.

 

UNSCOP was incharge of the Mandate, and as UNSCOP's duties were concluded and responsibility for the Mandate not transfered to anyone else, the Mandate was concluded and expired.

plain English. even you can understand it.

 

You right, the British Mandate indeed was over in 1948, but the document of the Mandate wasnt and also the document of UNESCOP didnt talk about the document of the Mandate and only about the special commission appointed by the UN to, as you put it, "end conflict between Jews and Arabs.", but since that wasnt the porpuse of the document of the Mandate, then it is not related to the document of the Mandate.

I know that UNGA resolutions are not binding.

 

The Mandate ended in May, 1948.

 

It is plain English indeed, but that's not what the document of UNSCOP says (the document you provided). The document you provided only say that the "Palestine" commission has ended it's responsibilities due to resolution 181, but since resolution 181 didnt fulfilled not the document of UNSCOP doesnt mention anywhere that they cenceling the document of the Mandate, then you can use this document as some "evidence" that shows that the UN cenceled the document of the Mandate (which they didnt).

- - - Updated - - -

Right, the British Mandate indeed over in 1948, but the document of the Mandate wasnt. And the document of UNSCOP shows that when he is not referring anywhere to the document of the Mandate.

 

No Mandate exists without a power or governing body to enforce it.

UNSCOP cancelled the Mandate in May, 1948.

 

On the same day that the British relieved themselves of the Mandate, UNSCOP also relieved themselves of their duties over the Mandate, thereby ending the Mandate.

 

I said that the document of the Mandate wasnt concluded in 1948, but the British Mandate was indeed over in 1948. Those are two different things.

The problem here that the document of the Mandate was been concluded in 1948 nor later on. I already showed you that.

And still Dr. Howard Grief is an experts on international law like the rest of exeprts I cited in this forum, and they are all contredicted what your experts are saying.

 

The body to enforce the document of the Mandate is still the UN. The document of the Mandate is in their hands from when the Brits gave it back to the UN until this day.
UNSCOP didnt cencel the document of the Mandate, because nowehere in it's document they talk about the document of the Mandate. They only talk about that they cenceling some commission of the UN.

The Brits relieved themself of the document of the Mandate not in May 1948, but before that in the summer of 1947. What happened in May 1948 was that the Brits moved out from this territory and thus concluded the British Mandate (not the document of the Mandate).

UNSCOP didnt cencel the document of the Mandate, because nowehere in it's document they talk about the document of the Mandate. They only talk about that they cenceling some commission of the UN.

 

The Palestine Mandate

The Council of the League of Nations:

Whereas the Principal Allied Powers have agreed, for the purpose of giving effect to the provisions of Article 22 of the Covenant of the League of Nations, to entrust to a Mandatory selected by the said Powers the administration of the territory of Palestine, which formerly belonged to the Turkish Empire, within such boundaries as may be fixed by them; and

Whereas the Principal Allied Powers have also agreed that the Mandatory should be responsible for putting into effect the declaration originally made on November 2nd, 1917, by the Government of His Britannic Majesty, and adopted by the said Powers, in favor of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing should be done which might prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country; and

Whereas recognition has thereby been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country; and

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 afore-mentioned Article 22 (paragraph , 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;

confirming the said Mandate, defines its terms as follows:

ARTICLE 1.

The Mandatory shall have full powers of legislation and of administration, save as they may be limited by the terms of this mandate.

ART. 2.

The Mandatory shall be responsible for placing the country under such political, administrative and economic conditions as will secure the establishment of the Jewish national home, as laid down in the preamble, and the development of self-governing institutions, and also for safeguarding the civil and religious rights of all the inhabitants of Palestine, irrespective of race and religion.

Article 22 of the League of Nations Convention:

In every case of mandate, the Mandatory shall render to the Council an annual report in reference to the territory committed to its charge.

The degree of authority, control, or administration to be exercised by the Mandatory shall, if not previously agreed upon by the Members of the League, be explicitly defined in each case by the Council.

A permanent Commission shall be constituted to receive and examine the annual reports of the Mandatories and to advise the Council on all matters relating to the observance of the mandates.


so, who is the Mandatory Power over Palestine?

 

I already told you:
The body to enforce the document of the Mandate is still the UN. The document of the Mandate is in their hands from when the Brits gave it back to the UN until this day.

 

so you're saying the UN is the ultimate soverign over the state of Israel?

 

I already told you:
The body to enforce the document of the Mandate is still the UN. The document of the Mandate is in their hands from when the Brits gave it back to the UN until this day.

 

so the UN is the ultimate soverign over all of Palestine? Yes or No?

If the UN is still the Mandatory Power over Palestine, that makes them the ultimate soverign power.

 

It is in the UN hands to respect and fulfill the rights that were granted in the document of the Mandate.

 

The Mandatory power is the only one who has any authority, control, or administration over Palestine.

This is the UN. So why does Israel exist?

 

Because the UN allowed it to exist, but for te UN to respect and fulfill what was written in the document of the Mandate, cant oppose the Israeli existance in Judea and Samaria. Moreover, according to the document of the Mandate, they need to push that an Israeli existance will be there, because after all Judea and Samaria is part of "Palestine", and yet when the UN will give Israel to exist there without any oppositionn, it will not make it like Israel is control all over "Palestine", and by that will respect what was written in the document of the Mandate.