"A government in Palestine under the UN's direct control and a constitution assuring Jews' and Arab' security against being outvoted by each other would solve the Jewish-Arab difficulties."
During the debate within the UN Ad Hoc Committee on Palestine, before the voting in the UN General Assembly, Dr. Mohamed Hussein Heykal Pasha of Egypt warned members of the seriousness of the decision to be taken by the Committee, and asked them not to overlook the fact that one of the plans, partition, "would, to say the least, result in bloodshed." "If the United Nations decides to amputate a part of Palestine in order to establish a Jewish state, no force on earth could prevent blood from flowing there"Moreover"once such bloodshed has commenced, no force on earth can confine it to the borders of Palestine itself." Mahmoud Bey Fawzi, (also Egypt) then took the floor to comment on the proposals now before the Committee. said his delegation and several others considered the legal issues to be "at the heart of" this entire matter, yet, in his view, they had been largely ignored and by-passed. This hasty procedure now being urged, he said, threatened to undermine the very foundations of the United Nations.
The Representative of Egypt asked for an advisory opinion on the legal issues from the International Court of Justice. His delegation denied that the General Assembly had any power to decree the partition of Palestine, and described the partition plan as "shameless illegality," contrary to the principle of self-determination for the overwhelming majority of the people of Palestine. The establishment of a unitary, independent state, said Mr. Fawzi, was much more practicable, and would not require the machinery of the United Nations Security Council.
If the alternate UN plan for an independent and democratic Palestine would have not been suffocated by colonial power politicking, Jews would have had the access to the entire Mandate of Palestine. In this kind of imagined format, how easy it might have been for Yehudi Menuhin's "only possible solution" to have developed, namely, the kind of federated republic that is French-German Switzerland (the Italian part could be thought of as comparable to autonomous areas for the Druze and Bedouin population).
'Have your cake and eat it 'two.' 'One state solution and two state solution at the same time.' With all the intellectual prowess that immigrating Jews were bringing as engineers, doctors, scientists and workers knowledgeable in advanced technology, and the international financial connections available to their leaders, both sides might have opted to stay mixed, legislating a great degree of regard for cultural, religious and distinctions that would see Jews sharing economic social benefits with Arabs in a Israel-Palestine smack in a sea of Arab nations accepting a Jewish lead in the affairs of a prospering single unique mixed Jewish-Arab state.
During the debate of two UN plans for Palestine, Mr. Fawzi noted an aim "to establish military bases for the benefit of Powers that wanted to gain a strong hold in the Middle East."
In the name of humanity, the reader might want to spend the minute or two needed to read this short and to the point uncomplicated entirely and obviously just appeal for the International Courts intervention to prevent a genocidal civil war. The reader will recognize no logic, no legality, no responsibility, no humanity and no justice in the General Assembly rejection of the Draft Resolution Referring Certain Legal Questions to the International Court of Justice just prior to the voting on the resolutions concerning single state or partition. Below are reprinted the resolution and the eight questions to be put to the International Court.
The General Assembly of the United Nations resolves to request the International Court of Justice to give an advisory opinion under Article 96 of the Charter and Chapter IV of the Statute of the Court on the following questions:
(i) Whether the indigenous population of Palestine has not an inherent right to Palestine and to determine its future constitution and government;
(ii) Whether the pledges and assurances given by Great Britain to the Arabs during the first World War (including the Anglo-French Declaration of 1918) concerning the independence and future of Arab countries at the end of the war did not include Palestine;
(iii)Whether the Balfour Declaration, which was made without the knowledge or consent of the indigenous population of Palestine, was valid and binding on the people of Palestine, or consistent with the earlier and subsequent pledges and assurances given to the Arabs;
(iv) Whether the provisions of the Mandate for Palestine regarding the establishment of a Jewish National Home in Palestine are in conformity or consistent with the objectives and provisions of the Covenant of the League of Nations (in particular Article 22), or are compatible with the provisions of the Mandate relating to the development of self-government and the preservation of the rights and position of the Arabs of Palestine;
(v) Whether the legal basis for the Mandate for Palestine has not disappeared with the dissolution of the League of Nations, and whether it is not the duty of the Mandatory Power to hand over power and administration to a Government of Palestine representing the rightful people of Palestine;
(vi) Whether a plan to partition Palestine without the consent of the majority of its people is consistent with the objectives of the Covenant of the League of Nations, and with the provisions of the Mandate for Palestine;
(vii) Whether the United Nations is competent to recommend either of the two plans and recommendations of the majority or minority of the United Nations Special Committee on Palestine, or any other solution involving partition of the territory of Palestine, or a permanent trusteeship over any city or part of Palestine, without the consent of the majority of the people of Palestine;
(viii) Whether the United Nations, or any of its Member States, is competent to enforce or recommend the enforcement of any proposal concerning the Constitution and future Government of Palestine, in particular, any plan of partition which is contrary to the wishes, or adopted without the consent of, the inhabitants of Palestine.
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