STEPS TOWARDS PEACE

A DIPLOMATIC PLAN FOR MIDDLE EAST PEACE

Mordechai Ezra de Hurst In Memoriam Col. Felden Hurst 6th TN. Calvary -- V, USA

Table of Contents Palestinian National Council.. Comprehensive Statute on Terrorism Withdrawal of IDF Troops. UN International Claims Court..

Page 3 3 6 6

Final Status 7 Statehood of Palestine.. 7

Cities of Refuge. 8 Annex A: UN International Claims Court Procedural Handbook 9

Annex B: UN Passports and ID Cards. 16 Annex C: International Peace Dollar 17

"STEPS TOWARDS PEACE" A DIPLOMATIC PLAN FOR MIDDLE EAST PEACE By

Mordechai Ezra de Hurst Secretary General THE NATION

It is the opinion of Mordechai E. de Hurst the Secretary General for THE NATION that, in order to establish and maintain peace and security in the Middle East, to establish the State of Palestine, and create economic stability; the Secretary recommends that essential steps towards peace be taken by the Palestinian Authority, the State of Israel and the United Nations as follows: I. A. Palestinian National Council: The Peoples of the Sovereignty of Palestine must prohibit any person, group or entity from recruiting any person(s) to join a terrorist organization, or from inciting any terrorist act, or committing any terrorist activity. The Palestinian Authority in concert & participation with the Palestinian National Council must prohibit such recruitment, incitement, membership or terrorist actions by Legislative decree or statute, entitled and codified substantially as follows: Comprehensive Statute on Terrorism: "Unlawful Terrorist Acts and Organizations" 1) PURPOSE: To Prevent Terrorism and Provide a Comprehensive Definition of International or Domestic Terrorism. PROHIBITED ACTS: a) It shall be unlawful for any person, group or organization to commit any terrorist act, whether within or outside the sovereign territory of the State of Palestine. b) For the purposes of this Act, terrorism, (whether domestic or international), a terrorist act, incitement or recruitment to commit
3

2)

terrorism, or to belong to a terrorist group or organization, shall include, but not be limited to, "any words, acts, deeds, or omissions, reasonably calculated to, or intended to effect a change in the political policies, laws, or religious creed or ideology (or effects thereof), of any state, kingdom, political entity, body politic, religious organization or body, the intent of which is to unlawfully (without electoral process or democratic vote) change the geographic or demographic boundaries (or political consensus), environment, status, or structure of a political group or the socio-economic standing of any person or group of persons by the use of force, violence or intimidation, through knowingly and voluntarily targeting any civilian population, so as to cause them to suffer from indiscriminate terror, violence or threats thereof. c) For the purposes of this Act, force, violence, (or threats thereof), shall include but not be limited to any words, actions, deeds, or omissions (failure thereof to prevent any terrorist act), whether used in a religious, political or socio-economic context or otherwise,, said overt acts (or conspiracy), speech, publication, having the intent or design to incite or recruit any person to commit terrorism so as to bring media, or other private or public attention to any cause, or to attract any audience to any cause, whether it is religious, political, environmental, or socio-economic, in the furtherance of political will or self-determinism, national solidarity, or self government. d) The penalty for any act of terrorism shall be death, exile, banishment or life imprisonment, as the judgment of the International Claims Court (or the UN Security Council) shall decree. 3) a) "Resistance to Occupation" shall be limited to uniformed lawful troops, as is defined by the Geneva Convention, openly targeting active military personnel, or strategic military vehicles, machinery, or locations, but shall not include medical personnel, facilities, or vehicles. b) Resistance to Occupation shall not include indiscriminate violence, directed at, or intimidation of any populace, whether such populace is composed, in whole or part, of reserve status personnel not in active duty nor in a combat or hostile status, or activity related directly thereto. c) Any "civilian off duty, non-uniformed military persons shall not be construed as occupying forces or subject to any act of terrorism (as previously debated), whether on reserve status or in-active reserve status duty. "State Sponsored Terrorism" shall be limited to, or may include: a) Any person action under the color of any law or authority of any government directing, ordering, advising, or inciting any person, whether military personnel or otherwise, having an official capacity, status, or sanction, to inflict physical, psychological or other harm, injury, or pain or suffering on, or to intimidate, harass, maim, torture or extract confession on or from any person whether civilian or military personnel not actively

4)

engaged in combat, or any combat operation or military hostilities, or carrying arms, munitions, or other devices openly for the purposes of any combat a) operation, b) stratagem, c) planning phase, or, d) technical scheme directly related thereto. b) Directing, ordering, advising, or inciting any person, whether military or otherwise, to destroy any home, building, structure, or facility, not housing or quartering military personnel, or not directly used for military purposes. As used herein, "any home, building, or other structure" shall not include a terrorist base, camp, or strategic area used for planning, assembly, or engaging in (other) terrorist activity. c) As used herein, a terrorist, terrorist act, group or cell, shall be defined as and include any person knowingly and willfully engaged in a conspiracy, whether acting alone or with another with the intent, design, or calculated effect or risk of violating the Universal Declaration of Human Rights, and the spirit of the United Nations Charter. d) For the purposes of this Act, it shall be unlawful for any person, group, or government to sanction retaliation, or target for assassination any person or group of persons, not having military status or not having been given the status of "hosti humani generis" by judicial decree or a public warrant of death for any terrorist act, by an International Claims Court. e) For the purposes of this Act, targeted military assassinations, or retaliatory military actions shall only be authorized by the UN Security Council upon the advisement of any International Claims Court. 5) Domestic Terrorism and Related Offenses: a) For the purposes of this Act, Domestic terrorism shall include cultural honor killings, the intent of which is to control by force, or violence, or by intimidation, any family, village or other social unit, "in the name of family (or clan or tribal) honor whenever any mixed (religious, cultural or cross cultural) marriage occurs. b) Domestic terrorism shall include, but not be limited to, any form of harassment, intimidation, coercion, or other undue force, the effect or intent of which is to control or to manipulate the electoral process. c) As used herein, malfeasance of office shall constitute a lesser form of Domestic Terrorism whenever such act or omission is reasonably calculated, intended, or designed to control, manipulate, or unduly influence any public official, body, or other office or position of trust through corruption, bribery, fraud or breach of trust or fiduciary duty, so as to prevent a lawful change in any publicly elected or appointed position of trust or public office. d) Domestic terrorism shall include any use of force, violence, threats thereof, or any form of intimidation reasonably calculated, intended, or designed to prevent any person from making any speech, publication,

writing, or other (form) of communication critical of any government, or government official, or policy thereof. II. Withdrawal of IDF Troops: The State of Israel should withdraw Israeli Defense Force Troops (IDF Troops) from the disputed West Bank Territory to the pre-1967 borders1, following the completion of the Israeli Security Zone2. In exchange for withdrawal of IDF Troops, 3the UN Security Council shall authorize deployment of a Multi-National Peace-Keeping Force to the West Bank under the authority4 of THE NATION; and such Peace-Keeping Force shall contain a contingent of IDF Troops as UN Monitors, to aid and assist in maintaining security. Such Peace-Keeping Force shall maintain a UN Security Zone,5 have the power of arrest and escort, shall monitor freedom of movement, elections, peaceful assembly, and freedom of the press. In relation thereto, any terrorist act(s) shall constitute a cession of territory and the PNC shall enact legislation to that effect. III C. UN International Claims Court: In the spirit of the UN Charter and the Universal Declaration of Human Rights, the UN shall establish a UN International (Middle East Regional) Claims Court in East Jerusalem, and a UN Regional Penal Commission.5 The jurisdictional claims brought before the Court shall not be limited to causes of action arising under Israeli sovereignty, but shall extend to cases or controversies of whatever kind (cause) arising in the Middle East Region. All parties shall follow the procedures, rules, and form set forth in the handbook annexed hereto. //// /// _____________
1 Except East Jerusalem, which shall have different status. 2 Security Wall or Separation Barrier. 3 Conditional or Contingent. 4Flag. 5 For the purposes of enforcing the Universal Declaration of Human Rights.

In cases (only involving a question of law), of a question of law involving any party claiming refugee status, the parties need not appear personally before the Court but may appear by Counsel or by Special Representation (by personal representative, or by UN Legal Representative). In cases of Human Rights or Habeas6 Corpus Petitions, each party shall appear personally and stand equal before the Court without respect to sex, race, religion, national origins, political affiliation, nor refugee or asylum status. In cases or questions involving real property (real estate), territorial sovereignty or autonomous religious sovereignty (marriage, divorce or inheritance, etc.), a party may appear in person, by counsel, or special representation only by leave of the Court, summons, subpoena (issued by the Clerk of the Court under its Seal). IV. D. Final Status: The final status of East Jerusalem shall be determined in Due Course upon showing by the sovereignty of Palestine, the State of Israel, and the Peoples of the Middle East region that all persons therein have security of persons, property, and liberty under the principals of Due Process of Law and the Universal Declaration of Human Rights (democratic freedom) within (historical or Biblical) Palestine. V. E. Statehood of Palestine: Upon showing of mutual trust, recognition and support by the parties set forth herein, and while maintaining peaceful autonomous religious or political sovereignty in the disputed territories, the Sovereignty of the State of Palestine shall be given recognition (statehood with diplomatic relations) by the State of Israel, the Kingdom of Jordan, Egypt, Lebanon and the Secretary General of THE NATION under a UN sponsored regional arrangement as made and provided for in the United Nations Charter, Chapter VIII, Article 52, and Chapter XII, Articles 75 and 76, et. seq., following the event described herein below as the Har HabayitAl Axsa Peace Summit for establishment of the Union of Middle Eastern States in political alliance with the member states of the United Nations. Relevant thereto, the UN shall establish and develop a Regional Economic Plan for the manufacturing and modification of fuel cell (hydrogen) automobiles, buses and other forms of locomotion. webmaster@ballard.com In developing and promoting such a plan, the UN shall consider importing and exporting to or from the Ports of Haifa, and Gaza and the feasibility of modifying and/or manufacturing in Amman, Jordan of existing automobiles and future designs thereof.

Har HabayitAl Axsa Peace Summit In taking affirmative steps towards peace (e.g. the dismantling of terrorist infrastructures, limited withdrawal of IDF troops from disputed territories) as required by the Quartet's proposed Road Map or previously agreed upon Middle East Peace Process arrangements (e.g. the Wye River Accord), the Parties signatory hereto will endeavor and hereby agree to hold a UNESCO sponsored truth and reconciliation Peace Process Summit entitled the Har HabayitAl Axsa Peace Summit to establish the aforesaid UN Regional Human Rights / Terrorist Court and Union of Middle Eastern States for the furtherance of the principals set forth in the Universal Declaration of Human Rights and the United Nations Charter. VI. F. Cities of Refuge: The UN shall effect or cause to be effected a change in the status of the six (6) Biblical Cities of Refuge, so as to offer security of persons to any person seeking or presenting a claim of refugee or asylum status. The City of Jerusalem shall be given interim status as a City of Refuge wherein any person may acquire refugee status by making a claim or presenting an application therefore to the Secretary Mordechai E. de Hurst, or his successor for THE NATION. The Secretary, Mordechai E. de Hurst of THE NATION may issue a UN passport under the Seal of THE NATION to any person that is found to be a refugee, or a displaced person by the UN International Claims Court. The Secretary, Mordechai E. de Hurst for THE NATION may issue a UN passport to any person by or upon recommendation of the UN Regional Penal Commission in cases of Escort Enforcement proceedings, Amnesty, Asylum, Commutation, Pardon or Reprieve. The Penal Commission shall be commissioned to investigate Human Rights claims by prisoners, and make findings and recommendations relevant thereto or with respect to any Prisoner Amnesty, Asylum or Refugee claims or cases. //// ///

6 Human Rights or Habeas Corpus Petitioners shall be issued a UN Passport or temporary ID card described in Annex B.

THE UNITED NATIONS INTERNATIONAL CLAIMS COURT Procedural Handbook For Processing Regional Claims in the Middle East Annex A

Prepared by The Secretary General Mordechai E. de Hurst of THE NATION

Table of Contents
1)

Page 9-11 10-11 11 12-13 12 12 12 13 13 13-14 13-15 14-15

One Form of Action . Form of Petition Summons .. Filing of Documents. Filing and Fee .. Waiver of Fee .. Rules of the Court ... Sovereign Immunity Eminent Domain . Terrorism Claims Types of Claims ..

2) 3)

4) 5)

6)

7)

Annexes A and B..

10

1. Claims Petition:
1)

There shall be one form of action for processing claims, which shall be called a Claims Petition. The types of claims are set forth below, at page A claims petition shall substantially follow the form set forth below, but in no case shall a cause be dismissed for failure to follow the form set out herein. A claims petition shall be presented to the Court in writing in any of the three (3) languages, English, Hebrew, and Arabic, but must use the modern English dating format of the Western calendar. 1) A claims petition shall be clearly written, summarizing the cause of action, venue, parties, injury and the relief demanded or the claimed remedy a party desires the Court to take (e.g. award of damages, restitution, specific performance, injunctive relief). 2) The Answer shall responsively plead respectively, with specific denial, defensive reply, counter-claim, or claim of mistaken belief (in the case of religious belief or theology, relevant to autonomous religious functions, marriage, divorce, burial, etc.). 3) In no case shall a Responsive pleading make an Avoidance pleading but shall either affirmatively admit or deny each claim, cause or averment.

12. a) b)

c)

2)

A claims petition shall follow the form set forth herein as follows:

11

UNITED NATIONS MIDDLE EAST REGIONAL CLAIMS COURT PETITION (NAME : _______________________) ) PETITIONER ) VS. ) (NAME : _______________________) ) RESPONDENT ) __________________________________________)

EAST JERUSALEM CLAIM NO. _____________

Type of Claim This is a claim for7 __________________________________________________ Parties (State the Parties to the Case, their capacity, such as whether they are a private person, or were acting in their official capacity or under the color of or under apparent authority of a sovereignty.) Claims (State the Claim(s), approximate date of discovery, the real parties of, to, or in interest to the case, and if applicable, the emergency nature of the Petition (use specific details, references or other essential information to describe the emergency nature of the petition), and where the act or the omission, etc. occurred.) Authority For Relief (State why the Petitioner believes he or she is entitled to the requested relief. For example, cite the UN Resolution, Human Rights Article, Convention, Treaty or National Law, Statute, Regulation or Custom which gives precedent authority for granting relief.) Relief or Remedy (State the Relief or Remedy the Petitioner or Petitioner's Representative is asking the Court to Award, Order, or Require of the Respondent.) ___________________________ Date ______________________________ Signature

12

(7 State briefly the type of Petition, and the Place where the cause or claim originally occurred (in what venue, e.g. Jordan, Lebanon.)

2. Summons: There shall be a Summons issued and a written Answer to the Petition. a) The summons shall require the Respondent to file an answer to Petition within a reasonable time after service and receipt of the Petition upon Respondent. b) In the case of service upon an official or government party (Respondent), the Respondent shall, upon good cause shown, be given additional time within which to appear and file an answer to the Petition. c) Where there is a case of Human Rights Claims (e.g. physical or mental abuse, torture of prisoners, or any other type of violation of the Universal Declaration of Human Rights involving a prisoner), or a want of custody (Habeas Claims), additional time for filing a response and producing the petitioner for appearance shall not be given unless exceptional circumstances warrant the same (e.g. distance from the Court, risk of serious bodily injury or exacerbation of sickness, jeopardy of death, or the like). In such circumstances, a showing of good cause may be made out in the first instance upon filing with the Clerk of the Court an affidavit or declaration sworn under the penalty of perjury detailing such excuse; but in no case shall the filing of the same be cause for extending additional time unless such affidavit or declaration is made and filed with supporting documentation (e.g. medical or psychological opinion). 3. Filing of Documents and Pleadings: a) In no case shall the Clerk of the Court refuse filing of a Petition or Response, on account of form nor shall the Clerk refuse issuing a Summons or Subpoena related to any Prisoner cause of action. b) The Clerk of the Court may accept for filing any paper or pleading by electronic means where necessary for the expediency of the cause of action where good cause is shown by any party. c) The Clerk or the Court may accept s fee for filing of a cause of action, or other document, not to exceed fifty (50) US Dollars, or its equivalent in Antarctic Currency or Peace Dollars8.
13

d) In no case shall the Clerk or the Court refuse filing any Petition, Paper or other pleading for failure of a party to pay a filing fee. Where there is a lack of payment of the filing fee, a party may file with the Clerk or Court an affidavit or declaration of indigence which shall be verified or substantiated by the Clerk or any officer of the Court upon sufficient proof thereof as to the indigence of such party. The substantiating or verifying of a claim of indigence by the Clerk or Court shall temporarily stay docketing the cause, except in cases of Human Rights Violations (2)(c) above, or fugitive from justice9 causes of action (where, for example, a reward for arrest is offered by any sovereignty) where the claimant is a qui-tam informant. e) In cases of refugee or asylum status, upon the satisfactory showing of indigence status, the Clerk or the Court may waive the filing fee and the case shall be docketed and proceed in ordinary due course. 4. Rules of the Court: The Rules of the Court shall follow ordinary accepted procedures for the admission of evidence, sufficient proofs thereof, and the admission of all testimony shall be heard in open Court, except where necessary to preserve security of persons or property; or in cases of fugitive from justice or hosti humani generis where necessary to effect the issuing of a warrant or for the arrest and detention of any such person. The application of the Rules of the Court shall be uniform and equal with respect to every person appearing before it.
.

No party shall be afforded or given preferential treatment with respect to the application of the Rules of the Court, or to the procedures applicable thereto; but in all cases of terrorism, hosti humani generis and fugitives from justice, such cases take precedent in all matters of procedural process of first priority. 5. Immunities and Other Claims: a) With regards to refugee and asylum cases, or petitions (including Abu Gharib and Guantanamo Bay Prisoners, or the like), no state or sovereignty shall possess immunity from suit, privilege from service of process, or other judicial shield excusing official conduct, but in all cases shall each sovereignty appear and defend as if such sovereign were an ordinary person accountable before the law.

14

b) With regards to monetary claims, involving terrorism, no state or sovereignty shall be immune from suit but all parties shall appear and defend equally before the law.
8 See description thereof set forth in Appendix C. 9 In cases where a sovereignty or other person claims a right of action against a terrorist, and a hosti humani generis decree is sought.

c) With regards to claims of restitution, compensation, award or cession of territory, the law of eminent domain shall apply but in no case shall a person, individual or any sovereignty encumber any property so as to reduce the value of such property at the time of taking. In each case or claim of "just compensation" shall the parties appear and defend, answer or reply as if it were a corporate person in its original status or standing irrespective of political affiliation or sovereign allegiance. d) In cases arising in antiquity, ancestral entitlement, estate, tenancy, or lease-hold, the law of eminent domain and just compensation shall control unless good cause is shown otherwise. 6. Terrorism and Other Cases: Hosti humani generis, fugitive from justice and state sponsored terrorism claims shall be subject to the law of clear and convincing evidence10, but no party shall be found guilty of terrorism, in absentia, except upon a showing in open Court by jury trial under the standard of evidence of reasonable doubt with opportunity to appear and defend or answer in person. 7. Types of Claims: The types of claims or petitions that may be received for filing by the Clerk or the Court are as follows: a) Human Rights claims11, arising out of a violation of the Universal Declaration of Human Rights, any International Treaty, Convention or Statute, Law, or Regulation done by any person, or done under the color of any law, rule, regulation, custom, usage or unlawful practice. b) Land, Real Estate, or Territorial Sovereignty claims. c) Terrorism claims. d) Habeas Corpus claims. e) Mandamus claims.

15

f) Civil Rights and Elective Franchise cases. g) Amnesty, Commutation, Pardon and Reprieve claims.
10 Clear and Present Danger to the public safety or security of any state or sovereignty. 11 Including Refugee and Asylum cases.

ANNEX B A regular UN Passport issued under the authority of the Secretary General for THE NATION shall bear on its "Polar Blue" cover a "snow-flake." A diplomatic passport shall be an off color of Polar Blue and shall be clearly marked, internally, as a diplomatic passport. The passport shall bear internally, the original signature of the bearer, together with the signature of the Secretary General, Mordechai E. de Hurst for THE NATION. It shall describe in general terms the status of the holder-in-due-course, (e.g. refugee, alien-in-transit, protected person [i.e. prisoner], diplomat, peace-keeping armed forces member); shall give the personal background of the individual, a security (passport) number and have laminated internally within it a recent photo bearing a likeness or resemblance of the bearer. Internally it shall have rainbow style color printing, bear the Seven Universal Laws of Noah, the International Anthem, "Our Commonwealth," and a copy of the Universal Declaration of Human Rights as well as multi-colored entry and exit pages for visa stamps. A UN Identity Card issued under the authority of the Secretary General for THE NATION shall substantially resemble the page of identity described in paragraph 2, above, and may for security purposes, bear a holographic three dimensional image of a "white dove" in kind as the American Eagle found internally in the American Passport. The dove shall be an embossed (raised seal) and embedded in its laminating seal and shall be flying into the colors of a rainbow. ANNEX C A UN Peace-dollar shall, for the purposes of this proposal, be printed in one (1), five (5), ten (10), twenty (20) and fifty (50) denominations; which shall in all respects reflect the likeness of prominent persons involved peacefully, in the Middle East Peace Process; and shall bear on the reverse side of each denomination a prominent holy place or other significant place in the Middle East. For example, a one dollar denomination shall have on its face a likeness of Anwar Sadat with Yitzaq Rabin facing him, and on the reverse a dove flying into a rainbow over the Jordan River depicting historical Palestine.
16

For other regions, e.g. India, Gandhi would be a prominent person and the Ganges River a holy site. Other persons might be a Nobel prize winner, groups of children, students, or non-violent political dissidents.

17