Australia No Longer Recognizes Jerusalem as Israel’s Capital
Professor Julius Stone ,
the former Challis Professor of Jurisprudence and International Law at
the University of Sydney, writing in 2008 said:
Acquisition of Sovereignty
This analysis, based on the sovereignty vacuum, affords a common legal
frame for the legal positions of both West and East Jerusalem after both the
1948-49 and the 1967 wars. In 1967, Israel’s entry into Jerusalem was by way
lawful self-defence, confirmed in the Security Council and General Assembly by
the defeat of Soviet and Arab-sponsored resolutions demanding her withdrawal…
(Professor Sir Elihu ) Lauterpacht has offered a cogent legal analysis leading
to the conclusion that sovereignty over Jerusalem has already vested in Israel.
His view is that when the partition proposals were immediately rejected and
aborted by Arab armed aggression, those proposals could not, both because of
their inherent nature and because of the terms in which they were framed,
operate as an effective legal re-disposition of the sovereign title.
While the Stone -Lauterpacht thesis of the sovereignty
vacuum was formulated with regards Israel and Palestine, it may have application to the settlement of Australia by British subjects, and
later migrants from all other parts of the world. First Nations leaders
do not disagree that chaos followed British settlement They often repeat this version of history and the consequences of settlement that
can be found of the National Museum Australia website:
In
April 1789, 15 months after the First Fleet arrived to establish a penal
colony in New South Wales, a major smallpox epidemic broke out.
The
outbreak did not affect the British colonists, most of whom had been exposed to
the disease during their infancy.
As a
result, smallpox was not detected until members of the First Nations
communities living between Sydney Cove and the Heads were found, according to
Newton Fowell, ‘laying Dead on the Beaches and in the Caverns of Rocks’. They
were, ‘generally found with the remains of a Small Fire on each Side of them
and some Water left within their Reach’.
Without
previous exposure to the smallpox virus, First Nations peoples had no
resistance, and up to 70 per cent were killed by the disease.
Then there is the claim and evidence of massacres, which are likely to have destroyed
any system of governance in the affected communities:
The
narrative of Australia’s early colonial history continues to be contested with
further evidence released today of the violent frontier massacres of Aboriginal
and Torres Strait Islander people.
The
new data reveals the attacks during the spread of pastoral settlement in
Australia did not wane as the decades passed, instead they intensified, on an
immense scale – creating lasting trauma for Aboriginal and Torres Strait
Islander people.
The research
project, currently in its eighth year and led by University of Newcastle
historian Emeritus Professor
Lyndall Ryan, now estimates more than 10,000 Aboriginal and Torres
Strait Islander lives were lost in more than 400 massacres, up from a previous
estimate of 8,400 in 302 massacres. By contrast it is estimated that 168
non-Aboriginal people were killed in 13 frontier massacres.
Several
genocidal massacres took place in far west Queensland. The five Selwyn Ranges
massacres of February 1879 were undertaken by a police magistrate, a detachment
of native police and a group of stockmen in reprisal for the killing of settler
Bernard Molvo and three stockmen at Wonomo Waterhole. More than 100 Aboriginal
men, women and children were killed.
The
most recent genocidal massacre took place in the Northern Territory in 1928,
when several hundred Warlpiri, Anmatyere and Kaytetye people were killed in
reprisal for killing a dingo trapper.
The
formation of the Commonwealth Of Australia in 1901 imposed on the entire
continent a new legal regime, and in time migrants arrived from Europe and Asia
drawn to that system of laws. If sovereignty had not already been
destroyed by white settlers, it has certainly been destroyed
now by the descendants of white settlers and migrants.
END
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