territory entitled to the acquisition of a “full measure of self-government” in line
with General Assembly Resolution 1541(XV) of 1960.33 From a legal outlook,
it is supported that the Decolonization Declaration, recognized as customary
law, should be applied within the borders of Mandatory Palestine, including
the Palestinian territory colonized, annexed and recognized by the international
community as Israel in 1948. The combination of Israeli colonial and apartheid
practices aimed at achieving a hybrid system of systemic oppression of an entire
population naturally comes at the expense of the Palestinian people’s legitimate
right to self-determination. This necessarily implies that the achievement of
the Palestinian people’s right to self-determination could not seriously be
fathomed except outside of the apartheid- colonial system of Israel that is
the end product of a century of apartheid-colonial policies and practices
in Palestine.
Self-determination through the decolonization of Palestine within its mandatory
borders is further confirmed and supported by the customary legal principle
of uti possidetis juris,34 which provides that states rising out of decolonization
should inherit the former colonial administrative borders. The doctrine of uti
possidetis juris has been consistently mobilized to solve border disputes concerning
decolonized borders in general, starting with Latin America and Africa.35
Interestingly enough, the principle has been subsequently applied to settle border
disputes between former mandatory states, attributing the city of Mosul to Iraq,
setting the Iraqi-Kuwaiti border along the mandatory lines, and giving the Walvis
Bay enclave to Namibia.36
33 UNGA, A/RES/1541, in supra 10.
34 The principle emerged in the wake of the first decolonization wave in South American. See Case Concerning
the Frontier Dispute, id., 565-567, available at: https://www.icj-cij.org/ public/files/case-related/69/06919861222-JUD-01-00-EN.pdf
35 Steven Ratner, “Drawing a Better Line: UTI Possidetis and the Borders of New States,” American
Journal of International Law 90, no. 4 (1996), 593-595; Organization of African Unity, Border Disputes
Among African States, AHG/Res.16(1), 17-21 July 1964, available at: https://au.int/sites/default/files/
decisions/9514-1964_ahg_res_1-24_i_e.pdf
36 See League of Nations, Question of the Frontier Between Turkey and Iraq: Report Submitted to the Council
of the League of Nations by the Commission Instituted by the Council Resolution, 30th September
1924, available at: https://biblio-archive.unog.ch/Dateien/CouncilMSD/C-400-M-147-1925-VII_BI.pdf;
UN Secretary General, Letter dated 21 May 1993 from the Secretary-General to the President of the
Security Council, para. 27-40, S/25811, 21 May 1993; UN Security Council, Security Council Resolution
432, S/RES/432, 27 July 1978, available at: https://digitallibrary.un.org/record/71635?ln=ar [accessed 1
November 2021].
13