. . .
Here's a lecture by Natasha Hausdorff explaining Israel's position under >international law from a conference.
https://www.youtube.com/watch?v=91iD2R_nhxo
I have very limited understanding of the status of Israel's boundaries
in international law. I've done basic reading; I know how and when
specific boundaries were drawn. But their legal status?
There are two ways an international boundary gets international
recognition at the time of declaration of a state, either by bi-lateral
or multi-lateral treaty in which the boundary is demarcated, or by international custom.
In the surrender of the Ottoman Empire (or whatever country it was) in
WWI, Turkey no longer claimed control of the Middle East and French and British Mandates carved up massive amounts of territory.
Legally, the Mandate was not colonization nor occupation. It was administration intended to lead to new states. But the Mandate --
created as part of the multi-lateral peace treaty ending World War One
-- has international legal recognition long predating the United
Nations.
The British drew a variety of borders for administrative purposes.
Pre-WWI, when there were various powers occupying Egypt over the
centuries, Turkey, France during the Napoleonic wars, and the British,
the line was drawn in 1906 between Britain and the Ottoman Empire
through unpopulated desert that wouldn't be disputed. Egypt wasn't a
country but had plenty of autonomy.
This boundary became one of the boundaries of Mandatory Palestine. The boundary between Israel and Jordan was based on the 1920 demarcation of
the eastern boundary of mandatory Palestine, although Transjordan was
added to the British, er, mandate/occupation/administration in 1921 but administered separately.
So various peace treaties Israel is party to incorporate these British
drawn administrative lines by reference as international boundaries.
This is international boundary BY CUSTOM, not by treaty, for it is
CUSTOMARY to recognize the boundaries of a state at time of declaration
as having been created within existing territory without a treaty to the contrary.
Jun 1, 2025 at 10:19:02 AM PDT, Adam H. Kerman <ahk@chinet.com> wrote:
I have very limited understanding of the status of Israel's boundaries
in international law. I've done basic reading; I know how and when
specific boundaries were drawn. But their legal status?
There are two ways an international boundary gets international
recognition at the time of declaration of a state, either by bi-lateral
or multi-lateral treaty in which the boundary is demarcated, or by >>international custom.
Well, there's a third way: you enforce the borders ruthlessly against anyone >who attacks you and tries to cross them. If you can hold the territory by >force, it becomes yours.
In the surrender of the Ottoman Empire (or whatever country it was) in
WWI, Turkey no longer claimed control of the Middle East and French and >>British Mandates carved up massive amounts of territory.
Legally, the Mandate was not colonization nor occupation. It was >>administration intended to lead to new states. But the Mandate --
created as part of the multi-lateral peace treaty ending World War One
-- has international legal recognition long predating the United
Nations.
The British drew a variety of borders for administrative purposes.
Pre-WWI, when there were various powers occupying Egypt over the
centuries, Turkey, France during the Napoleonic wars, and the British,
the line was drawn in 1906 between Britain and the Ottoman Empire
through unpopulated desert that wouldn't be disputed. Egypt wasn't a >>country but had plenty of autonomy.
This boundary became one of the boundaries of Mandatory Palestine. The >>boundary between Israel and Jordan was based on the 1920 demarcation of
the eastern boundary of mandatory Palestine, although Transjordan was
added to the British, er, mandate/occupation/administration in 1921 but >>administered separately.
So various peace treaties Israel is party to incorporate these British >>drawn administrative lines by reference as international boundaries.
This is international boundary BY CUSTOM, not by treaty, for it is >>CUSTOMARY to recognize the boundaries of a state at time of declaration
as having been created within existing territory without a treaty to the >>contrary.
Is this how CHAZ managed to establish it's own state in the heart of Seattle >during the Summer of Love?
I have very limited understanding of the status of Israel's boundaries
in international law. I've done basic reading; I know how and when
specific boundaries were drawn. But their legal status?
There are two ways an international boundary gets international
recognition at the time of declaration of a state, either by bi-lateral
or multi-lateral treaty in which the boundary is demarcated, or by international custom.
In the surrender of the Ottoman Empire (or whatever country it was) in
WWI, Turkey no longer claimed control of the Middle East and French and British Mandates carved up massive amounts of territory.
Legally, the Mandate was not colonization nor occupation. It was administration intended to lead to new states. But the Mandate --
created as part of the multi-lateral peace treaty ending World War One
-- has international legal recognition long predating the United
Nations.
The British drew a variety of borders for administrative purposes.
Pre-WWI, when there were various powers occupying Egypt over the
centuries, Turkey, France during the Napoleonic wars, and the British,
the line was drawn in 1906 between Britain and the Ottoman Empire
through unpopulated desert that wouldn't be disputed. Egypt wasn't a
country but had plenty of autonomy.
This boundary became one of the boundaries of Mandatory Palestine. The boundary between Israel and Jordan was based on the 1920 demarcation of
the eastern boundary of mandatory Palestine, although Transjordan was
added to the British, er, mandate/occupation/administration in 1921 but administered separately.
So various peace treaties Israel is party to incorporate these British
drawn administrative lines by reference as international boundaries.
This is international boundary BY CUSTOM, not by treaty, for it is
CUSTOMARY to recognize the boundaries of a state at time of declaration
as having been created within existing territory without a treaty to the contrary.
Israel was the only state to come out of Mandatory Palestine. The
surrounding Arab powers didn't recognize Israel and there were a series
of wars between 1948 and 1951. Significantly, no Arab state of Palestine formed (it declared its existence one day before the first invasion
occurred in the first war in 1948).
This is important for the international status of Israel's
administration of territory as an occupier.
It was explained that the international law of occupation has to do with whether a sovereign lost territory in war and may be expected to regain
the territory in peace negotiations leading to a treaty.
But here, there is no former sovereign. The British ended the Mandate and withdrew before states were formed. Without a former sovereign, the
internal treaty on occupation doesn't apply.
Here's a lecture by Natasha Hausdorff explaining Israel's position under international law from a conference.
https://www.youtube.com/watch?v=91iD2R_nhxo
To follow on with a related point, quite a number of countries recognize
a state called Palestine, although mostly not the main Western states.
(That may be on the verge of changing with threats by countries like the
UK and Canada since Oct 7 to recognize Palestine.) But what would the >boundaries of that Palestine be? Would it be Gaza alone? Gaza plus the
West Bank as currently delimited by Israel? Or the Palestine that >Palestinians themselves actually want, best described as "from the river
to the sea" or "the one state solution" which envisions the Jews all
being dead or deported?
Rhino <no_offline_contact@example.com> wrote:
To follow on with a related point, quite a number of countries recognize
a state called Palestine, although mostly not the main Western states.
(That may be on the verge of changing with threats by countries like the
UK and Canada since Oct 7 to recognize Palestine.) But what would the
boundaries of that Palestine be? Would it be Gaza alone? Gaza plus the
West Bank as currently delimited by Israel? Or the Palestine that
Palestinians themselves actually want, best described as "from the river
to the sea" or "the one state solution" which envisions the Jews all
being dead or deported?
Recognizing a state within another state isn't allowed and would put
them in a technical state of war with Israel.
2025-06-01 5:08 PM, Adam H. Kerman wrote:
Rhino <no_offline_contact@example.com> wrote:
To follow on with a related point, quite a number of countries recognize >>>a state called Palestine, although mostly not the main Western states. >>>(That may be on the verge of changing with threats by countries like the >>>UK and Canada since Oct 7 to recognize Palestine.) But what would the >>>boundaries of that Palestine be? Would it be Gaza alone? Gaza plus the >>>West Bank as currently delimited by Israel? Or the Palestine that >>>Palestinians themselves actually want, best described as "from the river >>>to the sea" or "the one state solution" which envisions the Jews all >>>being dead or deported?
Recognizing a state within another state isn't allowed and would put
them in a technical state of war with Israel.
By "them" do you mean the countries that recognize Palestine, of which
there are already many? Or the new "state" of Palestine?
Rhino <no_offline_contact@example.com> wrote:
2025-06-01 5:08 PM, Adam H. Kerman wrote:
Rhino <no_offline_contact@example.com> wrote:
To follow on with a related point, quite a number of countries recognize >>>> a state called Palestine, although mostly not the main Western states. >>>> (That may be on the verge of changing with threats by countries like the >>>> UK and Canada since Oct 7 to recognize Palestine.) But what would the
boundaries of that Palestine be? Would it be Gaza alone? Gaza plus the >>>> West Bank as currently delimited by Israel? Or the Palestine that
Palestinians themselves actually want, best described as "from the river >>>> to the sea" or "the one state solution" which envisions the Jews all
being dead or deported?
Recognizing a state within another state isn't allowed and would put
them in a technical state of war with Israel.
By "them" do you mean the countries that recognize Palestine, of which
there are already many? Or the new "state" of Palestine?
If Palestine is recognized as a state as opposed to the nonstate status
it has currently, and it is recognized to have definite boundaries
including a portion or all of Jerusalem, then that nation has put itself
into a technical state of war with Israel.
It's forbidden to recognize a new state including some or all of the territory of an existing state in international law. That's literally a
state of war.
To follow on with a related point, quite a number of countries recognize
a state called Palestine, although mostly not the main Western states.
(That may be on the verge of changing with threats by countries like the
UK and Canada since Oct 7 to recognize Palestine.) But what would the >boundaries of that Palestine be? Would it be Gaza alone? Gaza plus the
West Bank as currently delimited by Israel? Or the Palestine that >Palestinians themselves actually want, best described as "from the river
to the sea" or "the one state solution" which envisions the Jews all
being dead or deported?
Of course the idea that Britain or France or Canada recognizing
Palestine will somehow bring about peace is laughable at the present
time anyway. It *might* be possible in a generation or two if
Palestinian children are taught to get along with their neighbours for >several decades but it is a non-starter now when the main driver of >Palestinian life is hatred and the desire to kill or deport all the Jews
from "their" land.
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