According to Montevideo, a state should have government. I take that to mean it must govern its territory, that is, have effective sovereignty over it. When Israel was created on 15 May 1948 it had a Government that controlled the territory it was claiming, and was therefore recognized as a state. If it had not been in control of its territory, I doubt very much it would have been recognized by other states. A state in the sense of Montevideo must be independent, or sovereign as I call it.
Palestine had no government. When the all-Palestine government was set up, it controlled only Gaza, and did not last long. Some of the Arab governments recognized it, but no-one else. Apart from that, Palestine has never had a government that controlled any territory. It has never been an independent state. It has never had any sovereignty that could be restored. Nor was it called a state before its declaration in 1988. That is why I say that the UN has created a new type of state, a territory that should be an independent state but isn't. I believe that Palestine, because it is not independent, is not eligible to become a Member State of the UN, but we will see what happens about that.
"offered the Palestinian Authority approximately 94% of the West Bank as well as a piece of Jerusalem"
Just so typical of Zionist arrogance. It is not your territory to offer. Jerusalem is not your city to tear into pieces. The only territory rightfully belonging to the modern State of Israel is that inside the borders it declared on May 14, 1948. All of Jerusalem is outside those borders, as are the towns of Jaffa, Acre, Lydda, Ramle, Ashkelon, Nazareth and Beersheba. Those towns were captured by war, in violation of fundamental principles of international law, and so not legally part of Israel. Palestine has said that Israel can keep that captured territory in a peace agreement, and has not even asked for compensation. There is no reason whatsoever for Palestine to give Israel any territory in the West Bank.
Central to Palestinian identity is their position as guardians of the Holy Places. Muslims respect the Holy Places of all three monotheistic religions. Jerusalem was always the capital of Palestine. It must remain so. Jerusalem is also central to Jewish identity. That must be respected. Jerusalem should be the capital of Israel. Joint sovereignty over Jerusalem is the only way in which a two-state solution could work.
De-militarization of Hamas? De-militarization of Palestine? What about de-militarization of Israel? Israel has waged two wars of expansion against Palestine, in 1948-49 and in 1967. How could an unarmed Palestine trust Israel? De-militarization of one side, a.k.a surrender, is not the answer. What is needed is a peace-treaty between equals. If there was peace between Israel and Palestine, Israel would have no enemies. The US taxpayer could save several billion dollars a year they spend arming Israel.
Absolutely. All the Government Ministers authorizing the program since 1967, and all the Military Governors implementing it, bear criminal responsibility for it. There is no possible defence, no need for any witnesses, the legalities already decided by the ICJ, as you say, a slam dunk case, or as we Brits say, an open and shut case. A few hours on the internet to find the names of all the suspects, and the Prosecutor could issue the arrest warrants. Of course, Israel in not a member of the ICC and would not hand over the suspects, and there would be no trial: but the political effect would be enormous.