-Caveat Lector-

 http://israelnationalnews.com/article.php3?id=2128

An Open Letter to Robin Cook
by Yoram Halberstam
March 27, 2003

Mr Cook,

On March 17 you made the decision to resign from Tony Blair's
government. Your statement on this occasion in the House of
Commons was used as a platform to misinform the House and the
British public. You stated that you "have heard" that "Iraq has not
had months but 12 years in which to complete [compliance with UN
resolutions]... Yet it is over 30 years since resolution 242 called on
Israel to withdraw from the occupied territories." This analogy
between Iraq and Israel is not only wrong, it is a premeditated
attempt to mislead on your part.

Mr Cook, your statement does not attempt to "redress the strong
sense of injustice throughout the Muslim world", it only helps them in
their attempt to continue to mislead world opinion at large. UN
Resolution 242 is not under Chapter VII of the United Nations
Charter, unlike most of the 17 UN Resolutions against Iraq. You
should know that only the resolutions under this Chapter allow the
use of force to impose the will of the international community.

Mr Cook, UN Resolution 242 only applies to countries that were
taking part in the war with Israel, which started on June 5th 1967.
Those countries were Egypt, Jordan and Syria. "Palestine" was not
at war with Israel, as it did not exist on paper, in history or in the
hearts and minds of the Jordanian and Egyptian population that,
today, call themselves Palestinians. Judea and Samaria were
annexed by Jordan in 1950. They were renamed the "West Bank"
by the Jordanians - that is west of Jordan, not east of a country that
supposedly was taken over by the Jewish state. This annexation
was never recognized by the United Nations, only by Britain and
Pakistan. The reason why the annexation of this land was not
recognized is because it was not a definite border. The so called
"1967 borders" were no borders. On the contrary, they were an
armistice line drawn up by the UN and which ended the 1948-49 war
launched by the Arabs to destroy the State of Israel. Again no
reference to "Palestine's borders". Should you care to look in a
dictionary you shall see that "armistice" means "a temporary
cessation of fighting by mutual consent" or "a truce". Again, no
reference to defined borders. Nevertheless, Britain decided in 1950
to go along with Pakistan and recognize the "legitimacy" of the new
border of the Hashemite Kingdom of Jordan.

Under UN Security Council Resolution 242, Israel is only expected
to withdraw "from territories" to "secure and recognized boundaries"
and not ‘from all of the territories’ captured in the Six-Day War. This
language was the result of months of negotiations within the United
Nations. Therefore, the Security Council recognized that Israel was
entitled to part of these territories for new defensible borders. The
later UN Resolution 338 made it clear that such peace must be
achieved through "negotiations" not though "military imposition". Iraq
resolution 660, on the other hand, demands that "Iraq withdraw
immediately and unconditionally all its forces to the positions in
which they were located on 1 August 1990." This "demand" was
passed under Chapter VII with UN Resolution 678.

Mr Cook, under the UN Resolution you are referring to and under
UN Resolution 338, the negotiations would determine from which
territory Israel must withdraw. You seem to have forgotten that the
result of peace agreements between the parties must result in
"termination of all claims" and "respect for and acknowledgment of
the sovereignty, territorial integrity and political independence ". A
peace agreement has been signed with Egypt in 1979 and Jordan in
1994; therefore, there cannot be any claim of territories, because
the only ones that can claim it where the countries that formerly held
these territories before the Six-Day War and until such time as they
signed "peace" pacts with Israel.

UN Resolution 242 did indeed refer to these territories as
"occupied"; however, you have once again mislead the House of
Commons into calling them as such in 2003. The term "occupied"
was and is only used to refer to the "responsibility" for the well-being
of a civilian population where the 1949 Geneva Convention applies.

This convention states that "the Occupying Power shall be bound"
by the Convention rules "to the extent that such Power exercises the
functions of government in such territory". Since the Declaration of
Principle signed at Oslo, Israel has given up these "functions of
government" and transferred power to the Palestinian Authority in
areas where most of the Arab civilians live. In March 1994, U.S.
Ambassador to the UN, Madeleine Albright, stated: "We simply do
not support the description of the territories occupied by Israel in the
1967 War as occupied Palestinian territory." On May 4 1998, James
Baker was interviewed by Hoda Tawfik from the newspaper al-
Ahram. He was asked, "What do you think is right? That these are
occupied Arab territories and not disputed territories?" To which
Baker replied, "They're clearly disputed territories. That's what
Resolutions 242 and 338 are all about. They are clearly disputed
territories."

Mr Cook, since you were once Foreign Minister, I would want to
believe that it was slander rather than a lack of knowledge of the UN
Charter. I do hope, however, that you still have enough integrity to
stop misleading the general public with blatantly wrong, inciting and
incorrect statements. You have resigned from a government for a
decision that has the democratic majority backing of the elected
House of Commons and you have "jumped on the bandwagon" of
baselessly criticizing Israel, which may have reminded you of the
tense relationship you created many times between this country and
the State of Israel in your years as Foreign Minister.

--------------------------------------------------------
Yoram Halberstam is Software Architect and an Internet Service
Provider in the United Kingdom.
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