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Edited on Sun Jun-22-08 05:20 AM by Dick Dastardly
THE AUTHORS OF RESOLUTION 242: "The former British Ambassador to the UN, Lord Caradon , tabled a polished draft resolution in the Security Council and steadfastly resisted all suggestions for change...Kuznetsov of the USSR asked Caradon to specify 'all' before the word ' territories' and to drop the word 'recognized.' When Caradon refused, the USSR tabled its own draft resolution but it was not a viable alternative to the UK text...Members voted and adopted the resolution unanimously..." (UN Security Council Resolution 242, The Washington Institute For Near East Policy, 1993, pp 27-28).
Arthur Goldberg, former US Ambassador to the UN, a key author of 242: "...The notable omissions in regard to withdrawal... are the words 'all', 'the' and 'the June 5, 1967 lines'...There is lacking a declaration requiring Israel to withdraw from all of the territories occupied by it on, and after, June 5, 1967... On certain aspects, the Resolution is less ambiguous than its withdrawal language. Resolution 242 specifically calls for termination of all claims or states of belligerency and respect for and acknowledgment of the sovereignty of every State in the area. The Resolution also specifically endorses free passage through international waterways...The efforts of the Arab States, strongly supported by the USSR, for a condemnation of Israel as the aggressor and for its withdrawal to the June 5, 1967 lines, failed to command the requisite support..." (Columbia Journal of International Law, Vol 12 no 2, 1973).
Prof. Eugene Rostow, former Undersecretary of State, a key author of 242, international law authority, Yale University: "UN SC 242 calls on Israel to withdraw only from territories occupied in the course of the Six Day War - that is, not from 'all' the territories or even from 'the' territories...Ingeniously drafted resolutions calling for withdrawal from 'all' the territory were defeated in the Security Council and the General Assembly one after another. Speaker after speaker made it explicit that Israel was not to be forced back to the 'fragile and vulnerable' <1949/1967> Armistice Demarcation Lines..." (UNSC Resolution 242, 1993, p. 17). The USSR and the Arabs supported a draft demanding a withdrawal to the 1967 Lines. The US, Canada and most of West Europe and Latin America supported the draft, which was eventually approved by the UN Security Council. (American Society of International Law, 1970).
Prof. Eugene Rostow, former Undersecretary of State: "...The Egyptian model fits neither the Jordanian nor the Syrian case...Former Secretary of Defense McNamara has said that if he were the Israel's Minister of Defense, he would never agree to giving up the Golan Heights...UNSC 242 authorizes the parties to make whatever territorial changes the situation requires - it does not require the Israelis to transfer to the Arabs all, most, or indeed any of the occupied territories. The Egyptian-Israeli peace treaty awards more than 90 percent of the territory Israel captured in the Six Day War...<242> permits a transfer if the parties accept it, but it does not require it..." (UNSC Resolution 242, 1993, pp 18-19).
This has been gone over before ad nauseaum as here. Tons of commentary from the drafters See posts 63-77 http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=124x206026
In the links on this post as well as the older thread I linked you will find exhaustive commentary from all the original drafters that support my position. I will post just a few snippets. I have much more supporting evidence and statements if you would like them but I think this post has more than enouh
What IS a fact is that the territory is OCCUPIED, not 'disputed'. 'Disputed' is a term embraced by the RW supporters of the settlements to try to make out that Israel has a genuine claim to the territory it occupies. The West Bank is no more 'disputed' than East Timor was when Indonesia occupied it...
False-Your opinion is not fact. It is not RW who say it. The original drafters stated that Israel is not required to withdraw to the 67 line and that final borders are subject to negotiation. See posts 63-77
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=124x206026
These articles by Eugene V. Rostow (Distinguished Fellow at the United States Institute of Peace, and former US Undersecretary of State for Political Affairs) will set the record straight. Rostow was one of the US officials involved in drafting 242 so he knows first hand what was and was not intended. By Eugene W. Rostow Copyright 1991 The New Republic Inc. The New Republic, October 21, 1991 http://www.tzemachdovid.org/Facts/islegal1.shtml
By Eugene W. Rostow Copyright 1990 The New Republic Inc. The New Republic, April 23, 1990 http://www.tzemachdovid.org/Facts/islegal2.shtml
Myth and Fact: Resolution 242 http://www.ujc.org/page.html?ArticleID=65012
Res 242 is very clear on the acquisition of territory by war. I've bolded it so you don't miss it:
The Security Council,
Expressing its continuing concern with the grave situation in the Middle East,
Emphasizing the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every State in the area can live in security
The first point addressed by the resolution is the "inadmissability of the acquisition of territory by war." Some people read 242 as though it ends here and the case for requiring a total Israeli withdrawal from the territories is proven. On the contrary, this clause does no such thing, because the reference clearly applies only to an offensive war. If not, the resolution would provide an incentive for aggression. If one country attacks another, and the defender repels the attack and acquires territory in the process, the former interpretation would require the defender to return the land it took. Thus, aggressors would have little to lose because they would be insured against the main consequence of defeat.
The ultimate goal of 242, as expressed in paragraph 3, is the achievement of a "peaceful and accepted settlement." This means a negotiated agreement based on the resolution's principles rather than one imposed upon the parties. This is also the implication of Resolution 338, according to Arthur Goldberg, the American ambassador who led the delegation to the UN in 1967. That resolution, adopted after the 1973 war, called for negotiations between the parties to start immediately and concurrently with the cease*fire.
Withdrawal from Territories
The most controversial clause in Resolution 242 is the call for the "Withdrawal of Israeli armed forces from territories occupied in the recent conflict." This is linked to the second unambiguous clause calling for "termination of all claims or states of belligerency" and the recognition that "every State in the area" has the "right to live in peace within secure and recognized boundaries free from threats or acts of force."
The resolution does not make Israeli withdrawal a prerequisite for Arab action. Moreover, it does not specify how much territory Israel is required to give up. The Security Council did not say Israel must withdraw from "all the" territories occupied after the Six-Day war. This was quite deliberate. The Soviet delegate wanted the inclusion of those words and said that their exclusion meant "that part of these territories can remain in Israeli hands." The Arab states pushed for the word "all" to be included, but this was rejected. They nevertheless asserted that they would read the resolution as if it included the word "all." The British Ambassador who drafted the approved resolution, Lord Caradon, declared after the vote: "It is only the resolution that will bind us, and we regard its wording as clear."
This literal interpretation was repeatedly declared to be the correct one by those involved in drafting the resolution. On October 29, 1969, for example, the British Foreign Secretary told the House of Commons the withdrawal envisaged by the resolution would not be from "all the territories." When asked to explain the British position later, Lord Caradon said: "It would have been wrong to demand that Israel return to its positions of June 4, 1967, because those positions were undesirable and artificial."
Similarly, Amb. Goldberg explained: "The notable omissions-which were not accidental-in regard to withdrawal are the words 'the' or 'all' and 'the June 5, 1967 lines'....the resolution speaks of withdrawal from occupied territories without defining the extent of withdrawal."
The resolutions clearly call on the Arab states to make peace with Israel. The principal condition is that Israel withdraw from "territories occupied" in 1967, which means that Israel must withdraw from some, all, or none of the territories still occupied. Since Israel withdrew from 91% of the territories when it gave up the Sinai, it has already partially, if not wholly, fulfilled its obligation under 242.
Israel's Obligations to the Palestinians
The Palestinians are not mentioned anywhere in Resolution 242. They are only alluded to in the second clause of the second article of 242, which calls for "a just settlement of the refugee problem." Nowhere does it require that Palestinians be given any political rights or territory. In fact, the use of the generic term "refugee" was a deliberate acknowledgment that two refugee problems were products of the conflict-one Arab and another Jewish. In the case of the latter, almost as many Jews fled Arab countries as Palestinians left Israel. The Jews, however, were never compensated by the Arab states, nor were any UN organizations ever established to help them.
full http://www.jewishvirtuallibrary.org/jsource/UN/meaning_of_242.html
What was United Nations Security Council Resolution 242 and what does it say? Various other officials have commented on the negotiation of UNSCR 242 and how it relates to Israel's position. The British UN Ambassador at the time, Lord Caradon, who introduced the resolution to the Council, has stated that:
It would have been wrong to demand that Israel return to its positions of June 4, 1967, because those positions were undesirable and artificial. After all, they were just the places where the soldiers of each side happened to be on the day the fighting stopped in 1948. They were just armistice lines. That's why we didn't demand that the Israelis return to them. The United States' UN Ambassador at the time, former Supreme Court Justice Arthur Goldberg, has stated that:
The notable omissions - which were not accidental - in regard to withdrawal are the words "the" or "all" and the "June 5, 1967 lines" ... the resolution speaks of withdrawal from occupied territories without defining the extent of withdrawal. less than a complete withdrawal of Israeli forces from occupied territory, inasmuch as Israel's prior frontiers had proved to be notably Insecure.
Tons of info and sources http://www.palestinefacts.org/pf_1948to1967_un_242.php
A detailed description by Goldberg of the negotiating process behind UNSCR 242 appears in "U.N. RESOLUTION 242: ORIGIN, MEANING, AND SIGNIFICANCE" Resolution 242 After Twenty Years http://www.mefacts.com/cached.asp?x_id=10159
New Society Harvard College Student Middle East Journal The Unmaking of U.N. Resolution 242 http://newsocietyjournal.com/2007/09/07/the-unmaking-of-un-resolution-242-the-story-of-how-resolution-242-was-undone-before-it-was-even-finished/
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