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  #41 (permalink)  
Old 09-09-2007, 01:34 PM
klipkap klipkap is offline
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Default The author's vote counts zip ... he isn't entitled to one

Abu, you seem to continue to have a misconception about that critical democratic process called voting. It is meant to record the views of those who are entitled to vote. No more - no less.

So what the author of a resolution said he meant is supremely uninteresting. What REALLY IS interesting is the debate in the UN and what the voting delegates said that they were understanding on any particular issue. You see Abu, that is why the explanations of India and Brasil's representatives are indeed infinitely more pretinent that Lord C's explanations. He didnt have a vote. Understand?

So please stop refering to what the good Lord said he meant. It might be intersting, but it is not pertinent to the outcome.

Should you have difficulty in understanding the voting system, I can point you to some basic web pages on the topic. Read my lips, Abu. The Delegates vote, not the resolution's author.
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  #42 (permalink)  
Old 09-10-2007, 09:32 AM
ashleykennedy ashleykennedy is offline
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Default The original partition boundary?

Much play has been made of the wording to UN resolution 242 and the fact that it doesn’t say “the” territories or “all the” territories. But was that deliberate.

I myself know very well that the 1967 boundaries were not the original Partition boundaries and if the resolution had put in the “the” or “all the” that could only have meant that they wished to see the 1967 boundaries perpetuated in the form of a permanent frontier.

So obviously the UN was not prepared to recommend the 1967 Green line but the original partition boundary.
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  #43 (permalink)  
Old 11-20-2007, 05:36 PM
halla halla is offline
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Default double talk on 242

It is only reasonable that readers of 242 defer to the authors of 242 and not passing political vagaries.

indeed Link Dumping to bury not only what was written but what the authors of what was written said the intent of what was written is the recourse of beggared argument.
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  #44 (permalink)  
Old 11-26-2007, 09:34 AM
ashleykennedy ashleykennedy is offline
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Default The GA takes precedence not the authors.

Quote:
Originally Posted by halla";p=&quot View Post
It is only reasonable that readers of 242 defer to the authors of 242 and not passing political vagaries.

indeed Link Dumping to bury not only what was written but what the authors of what was written said the intent of what was written is the recourse of beggared argument.
Not quite it followed a debate where points were raised.

The representative for India stated to the Security Council:-
Quote:
"It is our understanding that the draft resolution, if approved by the Council, will commit it to the application of the principle of total withdrawal of Israel forces from all the territories - I repeat, all the territories - occupied by Israel as a result of the conflict which began on 5 June 1967."
http://domino.un.org/unispal.nsf/db942872b9eae454852560f6005a76fb/9f5f09a80bb6878b0525672300565063!OpenDocument

And all the 242 says is:-

Quote:
The Security Council,
Expressing its continuing concern with the grave situation in the Middle East.
Emphasising the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every state in the area can live in security,
http://daccessdds.un.org/doc/RESOLUT...df?OpenElement

The First World War led to the rise of self-determination and to calls for the prohibition of war, prompted the reconstruction of international law and the consequent abolition of "title by conquest." Modern law has been used as a means of discouraging war by denying the title to the conqueror.

The thing with GA resolutions is you are supposed to read the whole resolution and not just one word.
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  #45 (permalink)  
Old 11-26-2007, 08:16 PM
halla halla is offline
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Default who knows knows who and who knows not knows not

ashley:
Quote:
halla wrote (View Post):
It is only reasonable that readers of 242 defer to the authors of 242 and not passing political vagaries.

indeed Link Dumping to bury not only what was written but what the authors of what was written said the intent of what was written is the recourse of beggared argument.


Not quite it followed a debate where points were raised.
the absurdity of what you say can be put this way - what you say and what you meant to say as the author of you post has no meaning. i will tell you what you meant by what you said and you must believe me that i know better than you on what you said!

ashley demonstrates beggared logic. especially without consulting the author on the author's intent! you begin to sound like arafat interpreting un resolution 194 as the definition of the palestinians "sacred right of return" while urging violence against israel.

Quote:
11. Resolves that the refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible;
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  #46 (permalink)  
Old 11-26-2007, 09:18 PM
ashleykennedy ashleykennedy is offline
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Default What Israel did was not normal.

Quote:
Originally Posted by halla";p=&quot View Post
ashley: [

the absurdity of what you say can be put this way - what you say and what you meant to say as the author of you post has no meaning. i will tell you what you meant by what you said and you must believe me that i know better than you on what you said!

ashley demonstrates beggared logic. especially without consulting the author on the author's intent! you begin to sound like arafat interpreting un resolution 194 as the definition of the Palestinians "sacred right of return" while urging violence against Israel.

Quote:
11. Resolves that the refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible;
For UN GA resolutions it is not what the Author intended but what the GA intends by voting. The Authors (UK) abstained.

It has always been the right of People to return to their own property irrespective of boundary changes. Para 11 resolution was only stating normal practice not a "Palestinian sacred right" but all peoples right.
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  #47 (permalink)  
Old 12-02-2007, 05:42 PM
halla halla is offline
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Default authors write and authors can explain what they wrote.

ashley:
Quote:
For UN GA resolutions it is not what the Author intended but what the GA intends by voting. The Authors (UK) abstained.
wrong ashley. 181((partition) was what the brits abstained from not from 242. for interpreting what 242 means one needs to go to the authors of 242.

now let us just do that:

THE AUTHORS OF RESOLUTION 242

"The former British Ambassador to the UN, Lord Caradon [the chief-author of 242], tabled a polished draft resolution in the Security Council and steadfastly resisted all suggestions for change...Kuznetsov of the USSR asked Caradon to specify 'all' before the word ' territories' and to drop the word 'recognized.' When Caradon refused, the USSR tabled its own draft resolution [calling for a withdrawal to the 1967 Lines] but it was Not a viable alternative to the UK text...Members [of the UN Security Council] voted and adopted the [UK drafted] resolution unanimously..." (UN Security Council Resolution 242, The Washington Institute For Near East Policy, 1993, pp 27-28.

Arthur Goldberg, former US Ambassador to the UN, a key author of 242: "...The notable omissions in regard to withdrawal... are the words 'all', 'the' and 'the June 5, 1967 lines'...There is Lacking a declaration requiring Israel to withdraw from all of the territories occupied by it on, and after, June 5, 1967... On certain aspects, the Resolution is less ambiguous than its withdrawal language. Resolution 242 specifically calls for termination of all claims or states of belligerency and respect for and acknowledgment of the sovereignty of every State in the area. The Resolution also specifically endorses free passage through international waterways...The efforts of the Arab States, strongly supported by the USSR, for a condemnation of Israel as the aggressor and for its withdrawal to the June 5, 1967 lines, Failed to command the requisite support..." (Columbia Journal of International Law, Vol 12 no 2, 1973).

Prof. Eugene Rostow, former Undersecretary of State, a key author of 242, international law authority, Yale University: "UN SC 242 calls on Israel to withdraw only from territories occupied in the course of the Six Day War - that is, not from 'all' the territories or even from 'the' territories...
- Ingeniously drafted resolutions calling for withdrawal from 'all' the territory were defeated in the Security Council and the General Assembly one after another.
Speaker after speaker made it explicit that Israel was NOT to be forced back to the 'fragile and vulnerable' [1949/1967] Armistice Demarcation Lines..." (UNSC Resolution 242, 1993, p. 17).
The USSR and the Arabs supported a draft demanding a withdrawal to the 1967 Lines. The US, Canada and most of West Europe and Latin America supported the draft, which was eventually approved by the UN Security Council. (American Society of International Law, 1970).

UNSC RESOLUTION AND ISRAEL'S DEFENSIBLE BORDERS:

A few days before the UNSC vote on 242, President Johnson summoned UN Ambassador Arthur Goldberg and Undersecretary Eugene Rostow to formulate the US position on the issue of 'secure boundaries' for Israel. They were presented with the Pentagon Map, which had been prepared by the Chairman of the Joint Chiefs of Staff, General Earle Wheeler.
The map displayed the "minimum territory needed by Israel for defensive purposes," which included the entire Golan Heights and the mountain ridges of Judea and Samaria. The participants of the meeting agreed that the Pentagon Map fulfilled the requirements of 242 for 'secure borders.' (Prof. Ezra Zohar, A Concubine in the Middle East, Geffen Publishing, p. 39; Makor Rishon weekly, March 10, 2000).

http://www.cdn-friends-icej.ca/un/242a.html

now ashley others can opine what the authors of 242 meant but that is gossip. it is only when the authors him/herself speak to what they wrote can we understand their intentions. surely you are not that dense!
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  #48 (permalink)  
Old 12-03-2007, 03:08 PM
ashleykennedy ashleykennedy is offline
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Default All or the is irrelevant.

Quote:
Still waiting for No 242

Paul Foot
Wednesday November 13, 2002
The Guardian

Triumphant photographs in the newspapers showing all 15 members of the UN security council voting unanimously for the US-UK resolution on Iraq reminded me of a similar picture that dominated my parents' home for a decade. My father, Hugh Foot, later Lord Caradon, was for most of his life a colonial servant. He helped to haul down the Union Jack in Nigeria, where he was chief secretary, and in Jamaica and Cyprus, where he was governor. By far his proudest achievement was as UK representative to the UN in 1967 when he managed, after five months of delicate and dedicated negotiation, to persuade all 15 members of the security council to vote for resolution 242. He had the photograph of the vote framed, and it sat proudly on his desk until he died in 1990.

Resolution 242 referred to the seizure and occupation in the 1967 six-day war by Israeli military forces of lots of other countries' land inhabited in the main by Palestinians. Resolution 242 called for the "withdrawal of Israel's armed forces from territories occupied in the recent conflict". The terms of the resolution have been hotly debated ever since. Clever pro-Israeli lawyers observe that the word "all" does not appear in the text before the words "territories occupied"; and that therefore the resolution leaves it open to Israeli forces to withdraw only from "some", not all, of the occupied territories. So I was very glad to read an article in last month's International and Comparative Law Quarterly by the London solicitor John McHugo. He meticulously and comprehensively demolishes what he calls "the rightwing interpretation" of the resolution. He cites as an example a notice in a park that "dogs must be kept on a lead", and asks whether this could be taken to mean "some dogs must be kept on a lead", or whether it means what it says - "all dogs must be kept on a lead". He interprets 242 in the context of its preamble that emphasises the "inadmissibility of the acquisition of territory by war". After an analysis of the contributions to the UN debate on the resolution, including my father's, he concludes that the resolution meant what it said: that Israeli forces should be withdrawn from the territories they occupied in the six-day war: the West Bank of Jordan, the Golan heights and a large part of Jerusalem.

How does the reaction to resolution 242 compare with the one passed last week on Iraq? The Iraq resolution has been pursued with furious haste. Weapons inspectors are expected in Iraq in a matter of days, and if there is the slightest even momentary hesitation on behalf of the Iraqi government, everyone assumes that war will follow. Resolution 242, on the other hand, has been passed for 35 years. For all that time it has been contemptuously ignored by the Israeli government. What conclusion can we draw from this comparison?

Some international lawyers argue that the Iraq resolution is passed under chapter VII of the UN charter and therefore requires prompt action, while resolution 242 does not. But why not? Why is the demand for Israeli withdrawal not backed up with a threat of force? As President Bush himself put it in his speech to the UN general assembly on September 12: "Are security council resolutions to be honoured or cast aside without consequence?" The real argument behind the double standard seems to be this: unanimous UN resolutions assisting US oil imperialism will be enforced with the most ruthless military rigour, while unanimous UN resolutions directed against states friendly to the US will be ignored. Whether that is what the founders of the UN had in mind is not clear. What is clear is that whatever happens in Iraq, Palestine is still the issue.
http://www.guardian.co.uk/israel/com...838915,00.html

The pre-amble for 242 says it all really. All or the is irrelevant.

The Security Council,
Expressing its continuing concern with the grave situation in the Middle East.
Emphasising the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every state in the area can live in security,

http://daccessdds.un.org/doc/RESOLUT...df?OpenElement

And what was said in the debates:-

The representative for India stated to the Security Council:-

"It is our understanding that the draft resolution, if approved by the Council, will commit it to the application of the principle of total withdrawal of Israel forces from all the territories - I repeat, all the territories - occupied by Israel as a result of the conflict which began on 5 June 1967."

http://domino.un.org/unispal.nsf/db942872b9eae454852560f6005a76fb/9f5f09a80bb6878b0525672300565063!OpenDocument

That pretty much says it.

As with all chambers it is not what the intention of the author that counts it is the debate that follows.

And why the spurious use of the US drivel when the US weren't even the authors???? The US is not the voice of the UN. It is one of many voices.
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  #49 (permalink)  
Old 12-03-2007, 08:21 PM
halla halla is offline
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Default 242 and what it means.

Quote:
That pretty much says it.
not really ashley. it is an interpretation only. which is permitted. but to get to the real meaning one needs to consult the authors.

The pre-amble for 242 says it all really. All or the is irrelevant.

ashley:
Quote:
The Security Council,
Expressing its continuing concern with the grave situation in the Middle East.
Emphasising the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every state in the area can live in security,
you have an argument here ashley but to acquire territory by war required one to have initiated the war. israel didn't initiate the war it was the arabs that initiated the war to indeed make a land grab of israel. when israel successfully won the defensive war she was left with land that was part of the palestinian mandate to be negotiated between the concerned parties. the arabs, including the yet to be named palestinian arabs had fled the field. to this day israel wants to negotiate final boundaries with the arabs. but alas they still hold out for all of the palestine mandate. i refer you to the yet to be amended palestinian charter (covanent)

Quote:
Article 1:
Palestine is the homeland of the Arab Palestinian people; it is an indivisible part of the Arab homeland, and the Palestinian people are an integral part of the Arab nation.

Article 2:
Palestine, with the boundaries it had during the British Mandate, is an indivisible territorial unit.
so israel and the arabs have a long way to go.
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  #50 (permalink)  
Old 12-04-2007, 11:47 AM
ashleykennedy ashleykennedy is offline
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Default Looks like Israel has the furthest to go.

Quote:
Originally Posted by ashleykennedy";p=&quot View Post
That pretty much says it.
Quote:
Originally Posted by halla";p=&quot View Post
not really Ashley. It is an interpretation only. Which is permitted. But to get to the real meaning one needs to consult the authors.
Or even better consult the document itself. As in read the preamble which the Author wrote and all the Security Council voted on.

Quote:
Originally Posted by ashleykennedy";p=&quot View Post
The pre-amble for 242 says it all really. “All” or “the”, is irrelevant.
Quote:
Originally Posted by ashleykennedy";p=&quot View Post
The Security Council,
Expressing its continuing concern with the grave situation in the Middle East.
Emphasising the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every state in the area can live in security,
Quote:
Originally Posted by halla";p=&quot View Post
You have an argument here Ashley but to acquire territory by war required one to have initiated the war. Israel didn't initiate the war it was the Arabs that initiated the war to indeed make a land grab of Israel.
Address by Prime Minister Begin at the National Defence College- 8 August 1982

Quote:
In June 1967 we again had a choice. The Egyptian army concentrations in the Sinai approaches do not prove that Nasser was really about to attack us. We must be honest with ourselves. We decided to attack him.
Israeli Ministry of Foreign Affairs

Quote:
/3/May 28.

Israeli/Arab Military Capabilities

Secretary McNamara said that the Israelis feel that they could start hostilities now or a week from now and prevail. They believe their capabilities are perishable as time goes on, but Secretary McNamara thought they could delay from 2-4 weeks and still accomplish their military objective. They would try to destroy the Egyptian Air Force first and thus gain ability for a tank strike to take Sinai and the Straits.

Secretary McNamara said the Israelis think they can win in 3-4 days; but he thinks it would be longer--7 to 10 days.

Secretary McNamara said that the Israelis felt that they could not keep up their mobilization for more than a week or two. He believed that they could sustain it for a longer time economically (it is costing them about $1 million a day); but the real problem is political and because of this they probably would have to act within two weeks. The economic strain of mobilization was much greater on the Israelis in their tight manpower situation than on the Arabs with their large unemployment.

Sir Burke Trend, in response to a question from Secretary McNamara, said that the UK military analysis of the Israeli capabilities was close to that of the US but perhaps a bit more conservative and rested on the assumption that the Israelis would not let things go too long. Both sides agreed that an Israeli military success would take more than a few days and possibly a week plus. Certainly it would take longer than it took in 1956 and it would be bloodier.

Sir Burke Trend inquired what effect an Arab-Israeli war would have on Egypt's ability to maintain its forces in Yemen. Secretary McNamara said he did not have a firm opinion. His best guess is that they could contain the military--it was a very small force--but that it would be politically difficult for Nasser to do so at the moment when he is faced with an all-out Israeli attack.

The Secretary thought that the worst problem that would face the US would be if the Israelis were defeated and were about to be driven into the sea. Secretary McNamara doubted that the Israelis would lose; and that we would have a real problem if the Soviets came in to save Egypt.

Sir Burke Trend thought that Nasser may have his eye on the next step--beyond the Straits problem. The Secretary thought that Nasser was riding a tiger. He had been preaching Jihad or Holy War. If it doesn't occur, or if the Straits don't remain closed, he may find it impossible to restrain popular passions.
Foreign Relations, 1964-1968, Volume XIX, Arab-Israeli Crisis and War, 1967

US State Johnson Administration Volume XIX

May 11, 1967 Israeli PM Eshkol states, "In view of the 14 incidents in the past month alone it is possible that we will have to adopt measures no less drastic than those of April 7." UPI circulated a rumour (May 12) that Israel was trying to topple the Syrian regime. The incidents included shelling, terror attacks and attempted infiltration of a Syrian agent to blow up locations in Jerusalem.

May 12, 1967 Remarks by Yitzhak Rabin interpreted as provocative against Syria. Rabin is rebuked by Eshkol.

May 13, 1967 Soviets inform Anwar Sadat in Moscow that Israel is massing 10-12 brigades in preparation for an attack on Syria, supposedly to take place May 17. The information is denied by Israeli Government. But:-

3. El Feki followed all of this most carefully and with genuine interest. He said that he was particularly struck by the fact that whereas the Israelis denied any build up on the Syrian border, no mention was made of Jordanian border. He also read from one of his intelligence reports which highlighted fact that yesterday's Jerusalem parade did not include any significant heavy equipment, thus revealing that such equipment had been kept with units.

http://www.state.gov/r/pa/ho/frus/jo.../xix/28052.htm

May 14, 1967 First reports of Egyptian troop movements into Sinai.

May 16, 1967 Radio Cairo broadcast stated: "The existence of Israel has continued too long. We welcome the Israeli aggression. We welcome the battle we have long awaited. The peak hour has come. The battle has come in which we shall destroy Israel."

May 18, 1967 Egyptian President Gamal Abdel Nasser orders the United Nations Emergency Force to leave Sinai.

May 20 1967, Egypt began withdrawing its troops from Yemen, and Israel re-evaluated the situation. The IDF responded with a large-scale mobilization of its reserve forces, which paralysed Israel's economy.

May 21, 1967 Ben-Gurion summons Israeli Chief of Staff Rabin and accuses him of precipitating the crisis and dragging Israel into a dangerous war. On the following day, Rabin, under tremendous pressure, is incapacitated temporarily by nicotine poisoning, massive fatigue or a nervous breakdown.

May 23, 1967 Egyptian President Gamal Abdel Nasser closes the straits of Tiran to Israeli shipping. Egypt moves six divisions, about 130,000 soldiers, into Sinai. Negotiations with US to reopen the Straits of Tiran fail.

23 May 1967 The Israeli cabinet met and decided to launch a pre-emptive strike if the Straits of Tiran were not re-opened to Israeli shipping by 25 May. Following an approach from US Undersecretary of State Eugene Rostow to allow time for the negotiation of a non-violent solution Israel agreed to a delay of ten days to two weeks.

May 26, 1967 Speech by Gamal Nasser to Arab Trade Unionists Nasser claimed that Egypt was only looking for the right movement and the proper excuse to fight for the Palestinian cause.

http://www.mideastweb.org/nasser26may67.htm

Two Egyptian Air Force MiG 21s over flew the Israeli nuclear reactor in Dimona. Israel was unable to intercept them, and the over-flight caused quite a bit of concern. Needless to say, this rather explicit speech on the same day produced alarm in Israel.

MidEast Web

May 26, 1967 President Johnson reluctantly agrees to see Abba Eban. Tells him he is powerless to act to open straits of Tiran and requires more time (about two weeks) to assemble UN support for a regatta to open the straits. Warns Israel against unilateral action. Subsequent UN debate proves fruitless.

May 27, 1967 Nasser cancels a planned Egyptian attack on Israel (Operation fajr - Dawn), planned for following day, after it became obvious that the Israelis knew about the plan.

May 28, 1967 Israeli Levi Eshkol broadcasts a hesitant, stammering speech, further exacerbating pressure on him to make way for other leaders. Later it is claimed that the stammering was due to problems in reading the manuscript.

28 May Secretary McNamara said the Israelis think they can win in 3-4 days; but he thinks it would be longer--7 to 10 days.
US State Johnson Administration Volume XIX

May 29, 1967 Speech by Gamal Nasser to Egyptian National Assembly Members - Nasser explicitly threatened to destroy Israel: "...God will surely help and urge us to restore the situation to what it was in 1948....But now that the time has come - and I have already said in the past that we will decide the time and place and not allow them to decide - we must be ready for triumph and not for a recurrence of the 1948 comedies. "

May 30, 1967 Jordan signs a defence pact with Egypt, allows Egyptian command of Jordan Legion.

May Israel mobilizes 13 brigades on Syrian border. Nasser informs Robert Anderson who carried out diplomatic missions on behalf of President Lyndon B. Johnson saying he [Nasser] felt he had no choice but to mobilize and send troops to Sinai.

May 31, 1967 President Abdur Rahman Aref of Iraq stated "The existence of Israel is an error which must be rectified. This is our opportunity to wipe out the ignominy which has been with us since 1948. Our goal is clear - to wipe Israel off the map.

Jun 2, 1967 Moshe Dayan joins Israeli cabinet as Minister of Defence (the US assessment is that the appointment was hardly favourable to restraint). Unity government formed. Reservists released for furlough before outbreak of the war.

June 5 - The Six-Day War begins when Israel stages simultaneous air strikes that destroy the air forces of Egypt, Syria, and Jordan, leaving their ground forces at the mercy of the Israeli air force. By June 11 Israel gains control of the Sinai, the Gaza Strip, the Golan Heights, and the West Bank.

Looks like Israel initiated the 67 War of Choice.

Quote:
Originally Posted by halla";p=&quot View Post
When Israel successfully won the defensive war she was left with land that was part of the Palestinian mandate to be negotiated between the concerned parties. The Arabs, including the yet to be named Palestinian Arabs had fled the field.
And Israel carried out a second ethnic cleansing in an effort to create the Jewish State of Eretz Israel.

Quote:
Originally Posted by halla";p=&quot View Post
To this day Israel wants to negotiate final boundaries with the Arabs.
Israel wants acquiescence for the creation of Greater Israel. Territorial expansion by war is not nor never has been negotiation. May I remind you:-

Quote:
The Security Council,
Expressing its continuing concern with the grave situation in the Middle East.
Emphasising the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every state in the area can live in security,
Quote:
Originally Posted by halla";p=&quot View Post
But alas they still hold out for the entire Palestine mandate. I refer you to the yet to be amended Palestinian charter (covenant)
Quote:
Article 1:
Palestine is the homeland of the Arab Palestinian people; it is an indivisible part of the Arab homeland, and the Palestinian people are an integral part of the Arab nation.

Article 2:
Palestine, with the boundaries it had during the British Mandate, is an indivisible territorial unit.
so Israel and the Arabs have a long way to go.[/quote]

Amended August 1993.

"A. The Palestinian National Charter is hereby amended by cancelling the articles that are contrary to the letters exchanged the P.L.O. and the Government of Israel 9-10 September 1993.

Looks like Israel has the furthest to go.
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