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This is a discussion on Israeli soldiers' "cold blooded murder" of Gaza's civilians within the Foreign Affairs forums, part of the Topical Discussion category on Politics.ie. Originally Posted by Nodin Ahem.....second time lucky.... You don't seem to understand about the legality of the UN security council ...
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| You don't seem to understand about the legality of the UN security council resolutions. In brief, there are two kinds of UN resolutions. There are Chapter 7 resolutions which deals with peace, breaches of the peace and acts of aggression. Resolutions to these usually require compliance by the nation in question, even going so far as to threaten sanctions or force against the nation that won't comply. Then there's chapter 6 resolutions, which deals with resolving disputes. These disputes are meant to be resolved through negotiations or other voluntary means. All the resolutions you quoted are Chapter 6 resolutions. Israel has never been subject to a chapter 7 resolution. By the way "overwhelming view" does not make something legal or illegal |
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| When dealing with interpretation of law and those qualified to speak thereon, you'll find that thats how it works. You've never heard of a 'majority verdict' or decision from a jury or supreme court? |
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| Except we are not talking about a majority verdict in a court case. I've already shown what Prof Schwebes, former judge on the Hague's international court of Justice said about Israel's occupation of the West Bank. America has constantly vitoed or voted against UN calls to say the settlements were illegal. And the league of nations mandate which actively encouraged Jewish settlement of the land in question. What tghe palestinians in the West Bank are trying to do is to turn the clock back and re-fight battles they already lost. The outcome of the West bank and the settlements will not be decided like that. Negotiation is the way that situation will be sorted. It's not going to be decided by the majority verdict of a jury |
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| And I've shown you that the majority of Judges and lawyers - former and otherwise - go the opposite way. |
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| Yesterday was the final day of hearings in Geneva for the UN Fact Finding Mission on Gaza. There were some outstanding presentations. If this case does not ultimately go to court, it will be a political decision, and definitely not due to lack of evidence, of which there was plenty. And L'Chaim, you are right, there are two kinds of resolutions - Security Council Resolutions and General Assembly Resolutions. GA resolutions are not binding. However, the extent to which SC resolutions (under any chapter) are binding is a currently hotly disputed point of law. Your Wikipedia understanding of binding force does not authorize you to be the one to make judgement on this issue. |
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