16 March 2006

Monkey Business




RedTamarin has been making strange patterns in the sand with his/her peanuts. Commenting on the Jericho Raid where the British and American's deserted their posts, allowing the Israelis to move in, kill Palestinian guards, and capture prisoners, in violation of an agreement, s/he offers:
Both parties were presented with the agreement in 2002, but neither Sharon nor Arafat ever put pen to paper. It has been considered binding the UK and US, who have done their part in fulfilling its provisions, but it never really existed.
This is an interesting argument but not one that is based in fact. As any law student knows, an agreement is not binding only if it is written and signed. Oral contracts and agreements are equally binding (in most legal systems, including our own). Indeed, we all enter into binding verbal agreements all the time.

The killer fact here is that the unsigned agreement has been implemented by the relevant parties all this time. The Palestinians kept this man in jail, the Israeli's kept out of it, and the British and Americans provided the jailers.

We can all find the Israeli legal system a bit confusing from time to time (relying as it does on (cough, cough) facts on the ground concerning key issues) but I am happy to report that the Israeli courts have enforced verbal agreements where the conduct of the parties evidences mutual intent.

The laughable bit is that she claims to be providing
details and insight that you can't find anywhere else in print or online media at present
. Right. It looked to me like a RedTamarin scratching its arse. Or it could have been spreading disinformation. Monkey see, monkey do. I wonder where RedTamarin picked up that information.

Meanwhile the bigger Westminster story, that over this issue Jack Straw lied in the Commons is ignored.

8 Comments:

Anonymous Anonymous said...

I am no lawyer, but I severely doubt that oral contracts are legal in international treaty law, which is what the Ramallah Agreement was, considering it was between Israel and the Palestinian Authority. I do not think that the drawing up of the agreement made it binding - only the signing can do that.

That is what I find quite so ridiculous - an unsigned agreement was enforced for all this time, and all the parties appeared to treat it as binding. Well, the Palestinians ceased to pay lipservice to it, and that is why eventually UK and US monitors were withdrawn.

And yes, I am absolutely certain of my source. I wouldn't be willing to post information that was so against the grain without serious conviction. The person from whom this information originated is in a position where it is their job to know details like that. I expect it to be noticed more widely in the near future, and I will return to it when it is - if only by posting another comment here.

10:19 pm  
Anonymous Anonymous said...

Ah, I will soon have verification as to whether my assertion on this is true or not. Jack Straw will soon be responding to the following question in the House of Commons:

Richard Burden (Birmingham, Northfield): To ask the Secretary of State for Foreign and Commonwealth Affairs, on what date the Ramallah Agreement concerning the ending of the siege of the Palestinian Presidential compound and the detention of prisoners to Jericho Prison was signed by (a) representatives of the government of Israel and (b) representatives of the Palestinian Authority.
(59762)

http://www.publications.parliament.uk/pa/cm200506/cmordbk2/60317o01.htm

Mr. V. Strangler - will you retract the accusation that I am scratching my arse should I prove to be right on this? ;)

10:24 pm  
Blogger marcuse said...

No, I will not withdraw the accusation which was figurative anyway.

I wouldn't be surprised if the agreement wasn't signed. There might have been some minor sticking points which hadn't been agreed. There might also have been some bureaucratic incompetence that meant it was overlooked. The main point is that there was an agreement and that it had been implemented for some years.

If Straw or any one else tries to use this as a fig leave - to say that there was no agreement, hence no legal responsibility, nor moral responsibility to continue to guard those prisoners - then they are a vole!

10:57 pm  
Anonymous Anonymous said...

What are you saying? That Richard Burden is a bit of an aparatchek?

Quelle surprise his voting record shows him as a Tony Boy:
* Very strongly for introducing foundation hospitals. votes, speeches
* Very strongly for introducing student top-up fees. votes, speeches
* Moderately for Labour's anti-terrorism laws. votes, speeches
* A mixture of for and against the Iraq war. votes, speeches
* Very strongly for introducing ID cards. votes, speeches
* Quite strongly for the fox hunting ban. votes, speeches
* Moderately for equal gay rights. votes, speeches

11:18 pm  
Anonymous Anonymous said...

Mr Vole,

Nowhere have I said that the failure to sign the agreement is an excuse for what happened, and at no point has Jack Straw used the lack of signatures to justify the events that took place. There are enough things for you to be angry about without hypothesising new ones.

The question from Richard Burden I quoted is far from the only one awaiting Jack Straw's attention. I suggest you look through at least 20 other questions awaiting the Foreign Secretary on different aspects of this matter.

8:42 am  
Blogger marcuse said...

Yes, thanks, all in all there are some interesting questions facing straw.

Now, while not admitting that you may not have been scratching your arse, I would like to point out that this incident in Jericho is consistent with a decision being taken by the US, UK and Israel to "get tough" with Hamas. The actual level of co-ordination between the three parties is irrelevant.

I still believe that the key thing is that Straw has mislead the House of Commons in that he is not owning up to being part of this strategy (softly softly with the Israelis and hard and tough with the Palestinians) because it is clearly a partisan decision that is being taken against the long term interests of this country.

12:35 am  
Anonymous Anonymous said...

First I'd just like to do the "I told you so" post.

Richard Burden: To ask the Secretary of State for Foreign and Commonwealth Affairs on what date the Ramallah Agreement concerning the ending of the siege of the Palestinian presidential compound and the detention of prisoners to Jericho Prison was signed by (a) representatives of the Government of Israel and (b) representatives of the Palestinian Authority. [59762]

Dr. Howells: The Ramallah Agreement was agreed by the Israeli Government and the Palestinian Authority on 30 April 2002. The actual document is unsigned.

---

If you've followed the series of events and especially the business in Parliament, you'd know that concerns were raised about the monitors last year. This isn't about "getting tough" with Hamas. The first of a series of letters about the monitors was sent to the Palestinian Authority in December last year - before Hamas was elected at the end of January this year.

Additionally, all the communication has been with Mahmoud Abbas, the Fatah leader of the Palestinian Authority. None of the business surrounding Jericho has been conducted with Hamas, because the Palestinian Parliament was not in control of the situation in Jericho, and indeed the Hamas Government has not really even been formed (the Parliament has only sat once so far I think).

I do think the events have been badly handled and I do not want to be an apologist for the UK Government on this, but I don't think your analysis of the underlying reasons behind situation is particularly accurate.

11:32 am  
Blogger marcuse said...

I disagree.

My truck with you was that you said you didn't know why people had made such a fuss as the agreement hadn't even been signed. However, it was still a binding agreement and we had implemented it since 2002. Hence the fuss when we broke it.

My truck with the UK is that we have been giving unconditional support to the US and Israeli strategy. (Which is to weaken the Palestinians). When the Israelis didn't like Arafat, we argued that the President's powers should be reduced and given to the Palestinian Authority's Prime Minister and his cabinet. We tacitly supported an Israeli and US strategy to weaken the Palestinians.

Then Arafat died and was replaced in a new election. At the same time the Prime Minister was voted out. Now we are echoing the US and Israelis to say that the President should have more powers relative to the Palestinian authority. We have also supported a strategy to cut off the funds to the Authority because Hamas was elected.

Are we surprised that the Palestinian Authority and the President are weak? In fact we contributed to that situation and have had no moral authority to complain about 'concerns for safety' when we had assisted in creating the 'unsafe' climate.

It is quite clear that as our government has abrogated its policies for the Middle East to another power, that it is no longer acting in the interests of this country.

9:26 pm  

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