US Vice President Kamala Devi Harris (Kamala Harris), sketching America’s post-7 October vision for the 2nd rump state of Palestine, said that Hamas would have no place in any new civilian administration in the Gaza Strip!
Commentary And Analysis . . . America, based on declaration on Hamas by US Vice President Kamala Harris in the Middle East, may be out sooner rather than later from the geo-political picture in the Biblical Holy Land. Israel, as nation-state based on the rule of law, dominates the Middle East.
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Hamas No Place
Harris, sketching America’s post-7 October vision for the 2nd rump state of Palestine, said that Hamas would have no place in any new civilian administration in the Gaza Strip.
Egyptian President Abdel Fattah El-Sisi believes that any future Palestinian state would be demilitarised.
Hamas has long declared that it’s against the two state solution, Israel and Palestine, living side by side. It wants no state but Palestine in the Biblical Holy Land. The Hamas Narrative on Israel claims that the Jewish state has been torturing and killing Palestinian and stealing the land.
Hamas’ survival prevents the 2nd rump state of Palestine emerging as nation-state based on the rule of law. Hamas, ironically, survives if Israel and the US allow the phenomenon. It would be contradiction in terms.
Israel In 3rd World Diplomacy
Dr Moonis Ahmar, former Dean of the Faculty of Social Science, University of Karachi, believes that Palestine would happen if the 3rd World severs diplomatic relations with Israel.
He has in-depth analysis on Israel and Palestine.
Fog Of War
In the fog of war, the first casuality is truth.
There’s no Palestinian language. There has never been Palestine nation-state throughout history.
The Roman Empire, falling back on old Greek usage for the Philistinians who vanished into history in the Gaza Strip, codified Palestine as administrative term for the Biblical Holy Land.
Israel was one of the kingdoms along with Judea, Samaria, Jordan, the Gaza Strip and more. The habitually Hebrew-speaking 12 Jewish tribes of Israel occupied the land in its entirety. Aramaic, the language of Jesus, was also widely spoken in the region.
The Roman Empire, having mostly driven Jew into exile, frowned on retaining Israel as the right and proper name for the Biblical Holy Land.
At that time, there were no Arabic speakers in Palestine under Roman Occupation. Arabic only attained written form much later after the Quran first appeared in Aramaic.
Before 1948, when Israel and the 1st rump state of Palestine were separated by the UN Security Council (UNSC), both Arabic and Hebrew speakers in the Biblical Holy Land were known as Palestinian. Hebrew speakers were Jewish, Arabic speakers were Christian or Muslim.
Hebrew and Arabic are official languages in Israel. About 20 per cent of the people in Israel habitually speak Arabic.
The British separated Jordan from Palestine Trans Jordan Mandate before 1948 and installed a tribal chief as King. Sixty per cent of the Arabic speakers in Jordan call themselves Palestinian. Other Arabic speakers in Jordan call themselves Jordanian.
Arabic speakers in Israel who declare themselves Palestinian would be deported to the West Bank.
Jew In Culture
Jew isn’t so much about Judaism or language — the Diaspora using many languages besides Hebrew in Israel — but culture.
It’s culture that separates Jew from Others.
Anyone can be Jew.
In Judaism, taking the matrineal line, the child of Jewish mother is Jew.
Jewish state and zionism — a form of caste system — aren’t one and the same thing.
Marginalisation The Risk
America or no America, if Hamas in the Gaza Strip and Fatah in the West Bank deny the rule of law, the post-1948 Arabic speaking Palestinian risk the same fate as the Native Indian Tribal Nations in America, the Eskimo in Canada, the aborigines in Australia and the Maori in New Zealand.
Having said that, the American Indian Movement (AIM) turned up belatedly in the court of law in recent years and got back some land. Some states in the US, almost in their entirety, are Native Indian Tribal Nation land.
The court has declared almost the whole state of Maine, for example, as Native Indian Tribal Nation land. Their traditional fishing and hunting rights have been restored.
In the Biblical Holy Land, based purely on the rule of law, only the Supreme Court of Israel protects squatters cultivating untitled land from being evicted by government if the property isn’t needed for public purposes.
If the land was needed for public purposes, the cultivators are compensated.
The Israeli government inherited the land policies of the Ottoman and British Empires. Both Empires disregarded land claims by Muslim in the Biblical Holy Land on the grounds that Islam came from outside.
The Ottoman and British may not have considered that the Muslim in the Biblical Holy Land, speaking Arabic, may not have come from outside.
Jerusalem
Land isn’t the only issue in the immediate region between the Mediterranean Sea and the Jordan River and the Dead Sea.
The fight may also be over Jerusalem which Muslim consider the 3rd holiest city in Islam after Mecca and Medina. Muslim can pray at al-Aqsa at the temple mount in Jerusalem. The temple mount was the site of the 1st Jewish temple.
If the temple mount was in India, the Supreme Court would have ruled that the mosque be moved. Another site would be given by the government. In law, no place of worship can be built on the house of prayer of another religion.
No War Lasts Forever
Human beings generally have problems because of themselves or others. There are issues in conflict between the parties in dispute. It’s rule of law issue.
The dispute, if not settled out of court, can only be resolved by the court of law or by other approaches like war i.e. the continuation of politics by other means.
No war lasts forever.
All wars end at the negotiation table for out of court settlement, unless the ICJ.(International Court of Justice) comes in at the request of the UN Security Council (UNSC).
Any out of court settlement would be recorded at the ICJ and/or UNSC.
Borders, under international law, must be defensible. Israel and Palestine are no different. Otherwise, as the war in Ukraine shows, the international community would be helpless.
Force cannot be used indefinately to defend an indefensible border.
In that case, the other side would advance the line of control to new and defensible positions. The losing side, no matter how much it tries, would not regain lost territory.
The law of conquest, under international law, comes in i.e. if war was unprovoked as in the case of Israel and the stillborn rump state of Palestine after 1948.
Israel is a rule of law nation-state. Hamas isn’t nation-state but listed as terrorist organisation by the UNSC. It has no rights. It can’t bargain even if hostages are taken.
Human rights was the basis of international law. International law, based on international customary practices, must be read by national law as compliant. The CNTBT (Comprehensive Nuclear Test Ban Treaty), for example, fell apart because India did not sign it. Consensus means no voice against.
Nature Of Human Relationships
If the nature of human relationships needs regulating, it can be done by the rule of law, by out of court settlement recorded by the High Court, plea bargaining, letter of representation or by other approaches like war i.e. the continuation of politics by other means.
All wars end at the negotiation table i.e. by out of court settlement recorded by the international community and the UN Security Council.
Again, no war lasts forever.
The court of law is about closure between parties in dispute on issues in conflict. Litigation must end for closure.
There’s no closure on issues in conflict between parties in dispute until we agree that it’s better settling out of court if there can be no finality in litigation. The court can only be about closure.
Israel for example, based purely on the rule of law, takes the cue from India on the Biblical Holy Land. The two state solution would create permanent conflict situation in the Biblical Holy Land.
Palestine would never recognise Israel.
In law, a line must be drawn somewhere, lest Pandora’s Box opens.
No court in the world will open the floodgates. — NMH
Longtime Borneo watcher Joe Fernandez has been writing for many years on both sides of the Southeast Asia Sea. He should not be mistaken for a namesake formerly with the Daily Express in Kota Kinabalu. JF keeps a Blog under FernzTheGreat on the nature of human relationships.
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