Linking the Gaza Strip with the West Bank: - Jerusalem Center For ...

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page 56Notes1Krystyna Marek, Identity and Continuity of States inInternational Law 15 (Droit 1968).2Nii Lante Wallace-Bruce, Claims to Statehood in InternationalLaw 51-52 (1994); Malcolm. N. Shaw, Territory inInternational Law, 13 NYIL 61, 67 (1982).3See James Crawford, The Criteria for Statehood inInternational Law, 48 BYIL 93, 114 (1976-1977).4Declaration of Principles on Interim Self-GovernmentArrangements. See Declaration of Principles on Interim Self-Government Arrangements, Sept. 13, 1993, Isr.-PLO, Ministryof Foreign Affairs, Government of Israel [hereinafter DOP].5The Israel PLO Agreement on the Gaza Strip and GreaterJericho Area provides for the partial redeployment of Israeliadministration and military forces in the Gaza Strip andJericho area, and allows the PA to assume most functionsof local governance in those areas. See Agreement on theGaza Strip and Jericho Area, May 4, 1999, Isr.-PLO, Ministryof Foreign Affairs, Government of Israel [hereinafter CairoAgreement].6Guide to the Peace Process: The Madrid Framework, www.mfa.gov.il.7Khaled Abu Toameh, PA Official: We’re no Longer in Control;‘Situation Similar to Somalian Anarchy,’ Jerusalem Post, Jan.1, 2006, at 1. A senior PA official admitted that the PA is nolonger in control.8Khaled Abu Toameh, Fatah Gunmen Kill 2 Egyptian BorderGuards, Jerusalem Post, Jan. 5, 2006, at 1.9Khaled Abu Toameh, Fatah Gunmen Threaten Arab TV Stationfor ‘Defaming’ Bombers, Jerusalem Post, Jan. 8, 2006, at 5.10Khaled Abu Toameh, Fatah Gunmen Threaten Arab TV Stationfor ‘Defaming’ Bombers, Jerusalem Post, Jan. 8, 2006, at 5.11Khaled Abu Toameh, Thugs Threaten Palestinian reporters,Jerusalem Post, Jan. 9, 2006, at 2.12Foxnews.com home, Timeline: Steve Centanni and Olaf Wiig’sOrdeal, Foxnews.com online, Aug. 28, 2006 available at:http://www.foxnews.com/story/0,2933,210767,00.html (lastvisited Jan. 10, 2007). The current attention is focused onkidnapped BBC journalist Alan Johnston, whose kidnappersclaim he has been killed. At least 22 Western journalists havebeen kidnapped in Gaza, many freed after their employerspaid ransom. Isabel Keishener, “Kidnapped BBC Journalist’sFamily begs for end to Gaza Ordeal,” International HeraldTribune, Apr. 16, 2007, available at: http://www.int.com/articles/2007/04/16/news/gaza.php13See Khaled Abu Toameh, Thugs Threaten Palestinianreporters, Jerusalem Post, Jan. 9, 2006, at 2.14Khaled Abu Toameh, PA Official: We’re no Longer in Control;‘Situation Similar to Somalian Anarchy,’ Jerusalem Post, Jan.1, 2006, at 9.15Khaled Abu Toameh, PA Official: We’re no Longer in Control;‘Situation Similar to Somalian Anarchy,’ Jerusalem Post, Jan.1, 2006, at 9.16Khaled Abu Toameh, PA Official: We’re no Longer in Control;‘Situation Similar to Somalian Anarchy,’ Jerusalem Post, Jan.1, 2006, at 9.17Khaled Abu Toameh, PA Official: We’re no Longer in Control;‘Situation Similar to Somalian Anarchy,’ Jerusalem Post, Jan.1, 2006, at 9.18Neuman, Brooke, A New Reality on the Egypt-Gaza Border(Part I): Contents of the New Israel-Egypt Agreement, Sept.19, 2005. http://www.washingtoninstitute.org/templateC05.php?CID=2374.19Neuman, Brooke, A New Reality on the Egypt-Gaza Border(Part I): Contents of the New Israel-Egypt Agreement, Sept.19, 2005. http://www.washingtoninstitute.org/templateC05.php?CID=2374.20Yaakov Katz, 3,000 Weapons Streaming Monthly into Gaza– Diskin, Jerusalem Post, Jan. 2, 2006, at 2.21Yaakov Katz, 3,000 Weapons Streaming Monthly into Gaza– Diskin, Jerusalem Post, Jan. 2, 2006, at 2.22UN Association of the United States of America, Issues beforethe 37th General Assembly of the United Nations 12 (DonaldJ. Puchala & Frederic Eckhand eds., 1982).23Justus R. Weiner, The Temporary International Presence inthe City of Hebron: A Unique Approach to Peacekeeping. 16(1)Wisconsin International Law Journal 315 (1997).24Tom Regan, US demands Israeli Air Force stop flights intoLebanese airspace, Nov. 3, 2006, available at: http://www.csmonitor.com/2006/1103/dailyUpdate.html?s=rel (last visitedon Dec. 12, 2006).25Available at: http://www.passia.org/meetings.2005/Prison-Guard.hm. (last visited Apr. 2, 2007))26Margot Dudkevitch, 2,990 Terror Attacks During 2005 ‘Truce,’Jerusalem Post, Jan. 2, 2006, at 3.27Margot Dudkevitch, 2,990 Terror Attacks During 2005 ‘Truce,’Jerusalem Post, Jan. 2, 2006, at 3.28Dan Izenberg & Yaakov Katz, ‘Karni crossing is an acid test ofAbu Manen’s Capabilities,’ Jerusalem Post, Jan. 5, 2007, at 3.29Available at: http://www.cnn.com/2004/WORLD/meast/03/24/young.detainees/index.html (last visited Feb. 28, 2007).30Available at: http://www.mfa.gov.il/MFA/MFAArchive/200_2009/2002/10/suicide+bombing+of+Egged+bus+No+841+at+Karkur+junc.htm (last visited: Feb. 28, 2007).31Margot Dudkevitch, 2,990 Terror Attacks During 2005 ‘Truce,’Jerusalem Post, Jan. 2, 2006, at 3.32Margot Dudkevitch, 2,990 Terror Attacks During 2005 ‘Truce,’Jerusalem Post, Jan. 2, 2006, at 3.33Margot Dudkevitch, 2,990 Terror Attacks During 2005 ‘Truce,’Jerusalem Post, Jan. 2, 2006, at 3.34Margot Dudkevitch, 2,990 Terror Attacks During 2005 ‘Truce,’Jerusalem Post, Jan. 2, 2006, at 3.35Margot Dudkevitch, 2,990 Terror Attacks During 2005 ‘Truce,’Jerusalem Post, Jan. 2, 2006, at 3.36Hilary Leila Krieger, Gaza-West Bank Convoys put on hold,Jerusalem Post, Dec. 16, 2005, at 1.37Wikipedia, The Free Encyclopaedia, http://en.wikipedia.org/wiki/Qassam_rocket. The Qassam Rocket is a simple steelrocket filled with explosives, developed by Hamas. Three
models have been used. All three models lack a guidancesystem and are designed specifically as a terror weapon to beused against civilians.38Op-ed, Un”safe passage,” Jerusalem Post, Dec. 12, 2005, at13.39Op-ed,Un”safe passage,” Jerusalem Post, Dec. 12, 2005, at13.40Xinhua News Agency “OPT: Israel Says No Gaza-WestBank Convoys Until Rocket Fire Stops” ReliefWeb, Dec. 13,2005, available at: http://www.reliefweb.int/rw/RWB.NSF/db900SID/VBOL-6K2JCK?OpenDocument&rc=3&emid=ACOS-635PFR (last visited: Feb. 28, 2007).41Op-ed, Un”safe passage,” Jerusalem Post, Dec. 12, 2005, at13.42Ibrahim Barzak, North County Times, Dec. 25, 2005.43Yaakov Katz, Katyusha rocket fired into Israel from Gaza,Jerusalem Post, Mar. 29, 2006.44Khaled Abu Toameh, Palestinian Groups Threaten Israel withNew Long-Range Missiles, Jerusalem Post, Dec. 27, 2005.45S.C. Res. 242, 22 U.N. SCOR, 1382d meeting (1967).46Dr. Meir Rosenne, “Understanding UN Security CouncilResolution 242 of November 22, 1967, on the Middle East.”Defensible Borders for a Lasting Peace. JCPA.47Charter of the United Nations, available at: www.un.org/aboutun/charter/chapter6.htm (last visited Dec. 31, 2006).48Malcolm N. Shaw, International Law 139 (4th ed. 1997). Thetraditional view in international law was that only states aresubjects of international law. This view is no longer shared byall. Today, it would appear that entities, such as, the UnitedNations and NGO’s are also full subjects of international law.Nii Lante Wallace-Bruce, Claims to Statehood in International413 (1994).J.A. Andrews, The Concept of Statehood and the Acquisitionof Territory in the Nineteenth Century, 94 LQR 408, 413(1978).49Convention on Rights and Duties of States signed atstipulates that the question of private property, rights, andinterests in an enemy country shall be settled according tothe principles laid down in this Section and the provisionsof the Annex attached. However, this is subject to anycontrary stipulations which may be provided for in the Treatyitself. There is also a reservation such that the Allied andAssociated Powers reserve the right to retain and liquidateall property, rights, and interests, belonging to Germannationals within their territories, colonies, possessions, andprotectorates, including territories ceded to them by theVersailles Treaty, and at the date of the Treaty’s coming intoexistence.On December 14, 1923, the Polish Committee of Liquidation,ordered the liquidation of property owned by the plaintiffcompany in Warsaw (former Russian territory acquired byPoland). The object of the litigation was to obtain redressprovided for in Article 305 of the Treaty of Versailles on theground that the liquidation was inconsistent with Articles 92and 297 (b). The plaintiff contended that it was the intentionof the Treaty to restrict Poland’s right of liquidation to theterritories ceded by Germany, that by the terms of Article297 (b) the right of Allied and Associated Powers to liquidatewas limited to German property within their territory, andthat on January 10, 1920 (the date of the coming into force ofthe Treaty of Versailles) Poland possessed no other territorythan that which Germany had ceded to her. Indeed, it wasargued that at the time the territory in which the propertywas situated belonged to Russia, who had not then cededit to Poland. In the alternative, even if it were assumed thatthere was a cession of the territory by Russia to Poland, thefrontiers of the territory thus ceded were not yet delimited.The Polish state, it was argued, could not therefore beconsidered as de jure possessing the territory, since theboundaries were not delimited. The court rejected thisargument.56Krystyna Marek, Identity and Continuity of States inpage 57Montevideo on 26 Dec., 1933, 165 LNTS 19.50See Nii Lante Wallace-Bruce, Claims to Statehood inInternational Law 57 (Carlton Press Inc 1994).51See Malcolm N. Shaw, International Law 140 (4th ed. 1997).52See Nii Lante Wallace-Bruce, Claims to Statehood inInternational Law 53 (4th ed. 1994); Ian Brownlie, Principlesof Public International Law 73 (4th ed. 1990); and Malcolm N.Shaw, International Law 140 (4th ed. 1997).53Peter Malanczuk, Akehurst’s Modern Introduction toInternational Law 76-77 (7th ed. 1997) (1970).54The various theories as to the relationship between statesand territory will be discussed below.55Deutsche Continental Gas-Gesselschaft v. Polish State(1929) 5. A.D. NO.5, at 14-15. The creation of a Polish Statewas one of the Fourteen Points enshrined in the Treaty ofVersailles, following World War I. Article 92 of the Treatyprovided that in all the German territory that was to becomepart of Poland, the property, rights, and interests of Germannationals should not be liquidated. Further, Article 297 (b)International Law 15 (Droit 1968).57The Hamas Charter. Available at: http://www.mideastweb.org/hamas.htm (last visited March 1, 2007).58Available at: http://almashriq.hiof.no/lebanon/300/320/324/324.2/hizballah/hizballah-background.htm (last visited Oct.24, 2006). Hezbollah, a terrorist organization in Lebanon,“views the Zionist Jews’ occupation of Palestine, displacingits people and establishing the entity of Israel on its usurpedland as the living materialization of the most hideous kinds ofaggression and organized terrorism.”59Available at: http://www.state.gov/s/ct/rls/pgtrpt/2001/html/10252.htm#pij (last visited Aug. 19, 2006). Palestinian IslamicJihad is committed to the creation of an Islamic PalestinianState and the destruction of Israel through holy war.60Available at: http://www.globalsecurity.org/wmd/library/news/iran/2005/iran-051101-rfer/01.htm (last visited Nov.19, 2006). On October 26, 2005, Iranian President MahmudAhmadinejad, speaking at a forum called ‘The World WithoutZionism,’ stated that “Israel should be wiped off the map.”
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© 2007 Jerusalem Center for Public
Page 5: Executive SummaryOn March 27, 2007,
Page 10: page 10A masked terrorist of the Al
Page 13 and 14: The United States and its state of
Page 15: Examples of Viable, Non-Contiguous
Page 21 and 22: II. Safe PassageA. Origins of Safe
Page 23 and 24: Israel could, for security or safet
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Page 27 and 28: worldwide with many, believing his
Page 29 and 30: ownership of the vehicle and the ca
Page 31 and 32: The construction of the main sectio
Page 33 and 34: The essence of territorial sovereig
Page 35 and 36: that is accepted by the dominant st
Page 37 and 38: Clearly, while the future Palestini
Page 39 and 40: weapons to Palestinian terrorist gr
Page 41 and 42: that there is a more subtle and mor
Page 43 and 44: Weapons available include:Weapon So
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Page 59 and 60: Law, 69 (1994).105See Malcolm N. Sh
Page 61 and 62: 194Ulrich Fastenrath, Servitudes, 1
Page 63 and 64: 279Available at: http://en.wikipedi
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