Palestine
tine. Palestine law, as it had developed under the British mandate, was applied by the Gaza courts. New legislation was published in the Palestine Gazette, which continued to be published. Court judgments in Gaza were issued in the name of the State of Palestine. Egypt regarded its role as a kind of trustee, pending resolution of the Pal- estine question. A provision in a constitution ad- opted in Gaza in 1962 declared that Gaza was “an indivisible part of the land of Palestine.”
Jordan incorporated the West Bank into itself and applied Jordanian law, but without displacing the law of Palestine. The parliament of Jordan stipulat- ed that the incorporation was carried out without prejudice to the “just case” of Palestine. Hence Jordan regarded herself as a caretaker pending resolution of the Palestine question.
In 1967, the sectors administered by Egypt and Jordan were occupied by Israel. That belligerent occupation did not affect their status as territory of Palestine. Israel did not claim those sectors of Palestine as its own, as indeed it may not. A state whose territory is under belligerent occupation is not able to administer, to the extent the occupant exercises control by force of arms. Hence, Pales- tine is not subject to the normal standard.
The split in administration between Gaza and the West Bank that has continued for several years does not affect statehood. Such splits are known to international practice when competing forces contest the territory. Vietnam until 1975 is an ex- ample. Such a split does not affect statehood.
Palestine statehood with an aim of independence was re-asserted by the Palestine Liberation Orga- nization in 1988, and governing mechanisms were gradually introduced. Jordan honored its pledge by ceding its authority over the West Bank. The UN General Assembly by resolution acknowl- edged the declaration, affirmed the need for the Palestinian people to be able to exercise sover- eignty in the territory occupied by Israel in 1967, and determined that henceforth the designation
“Palestine” would be used for the Palestinian observer mission at the UN. Many states quickly established diplomatic relations with Palestine. Today Palestine enjoys diplomatic relations with most states of the world.
Palestine in Recent Times
In its capacity as an observer at the UN, Palestine has for years been treated as a state. Both the Security Council and General Assembly accord it a status reserved for states. In the General As- sembly, for example, Palestine is accorded the right of reply to statements made by other states. Under General Assembly rules, only states enjoy a right of reply. In the Security Council, when Pal- estine asks as a non-member of the Council to participate in a particular debate, it is accorded full privileges of debate. Under Security Council rules, when someone representing an entity other than a state is asked to participate, they do not enjoy the right to participate in debate.
The UN Secretariat has acknowledged Pales- tine’s statehood by accepting its instruments of adherence to treaties on road, maritime, and rail transport concluded under the auspices of the Economic and Social Commission for Western Asia, of which Palestine is a member state. The Secretariat accepted Palestine’s instruments on the basis of its being a state member of that or- ganization. The Secretariat does not accept treaty adherences from entities it does not regard as states.
An argument that one hears made against Pal- estine statehood – most strongly by the Govern- ments of Israel and the United States -- is that it must be negotiated with Israel through the Oslo process. But Israel holds no veto in the Palestine matter. Statehood does not depend on the will of a neighboring state. It depends on an entity’s ac- ceptance in the international community. In the Oslo agreement of 1993, moreover, the statehood of Palestine is not listed as an issue to be nego- tiated with Israel. Borders are to be negotiated,
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