Thursday, June 18, 2015

And the Jewish People shall return to their homeland


And the Jewish People shall return to their homeland

And the children of Israel shall return to their borders

[...] Part II: Israeli Sovereignty Over Judea and Samaria Part II: Israeli Sovereignty Over Judea and Samaria Part II: Israeli Sovereignty Over Judea and Samaria Worth a careful read. Has the UN's Partition Plan any remaining significance for either the Arabs or the Jews? Wallace Edward Brand, JD See also Part 1 … http://www.israelnationalnews.com/Articles/Article.aspx/11408#.T2pW0HJSR0UBalfour resigned as foreign secretary following the Paris  Conference in 1919, but continued in the Cabinet as lord president of the council. In a memorandum addressed to new Foreign Secretary Lord Curzon, he stated that the Balfour Declaration contradicted the letters of the covenant (referring to the League Covenant) the Anglo-French Declaration, and the instructions to the King-Crane Commission. All of the other engagements contained pledges that the Arab or Muslim populations could establish national governments of their own choosing according to the principle of self-determination. Balfour explained: “… in Palestine we do not propose to even go through the form of consulting the wishes of the present (majority) inhabitants of the country though the American [King-Crane] Commission is going through the form of asking what they are. Balfour stated explicitly to Curzon: "The Four Great Powers [Britain, France, Italy and the United States] are committed to Zionism. And Zionism, be it right or wrong, good or bad, is rooted in age-long traditions, in present needs, and future hopes, of far profounder import than the desires and prejudices of the 700,000 Arabs who now inhabit that ancient land. In my opinion that is right." * * * * *Balfour continued: "I do not think that Zionism will hurt the Arabs, but they will never say they want it. Whatever be the future of Palestine it is not now an ‘independent nation’, nor is it yet on the way to become one. Whatever deference should be paid to the views of those living there, the Powers in their selection of a mandatory do not propose, as I understand the matter, to consult them.". . ."If Zionism is to influence the Jewish problem throughout the world,  Palestine must be made available for the largest number of Jewish immigrants" While the rights granted under the Trust restricted the Jews, when they did exercise sovereignty, from doing anything that would impair the civil or religious rights of the Arabs it did not give the political rights for the Arabs. The Mandate Law also became the domestic law of the UK and the US in 1924 as Treaty Law when, under a new American Administration, the Mandate became the subject of the Anglo American Convention of 1924.[24]Perfidious Albion did not maintain the 1920 form of its trust for very long. Circumstances changed, British interests changed, they wanted control of the oil reserves in the Middle East and the British Government also changed. President Wilson's opposition had delayed the issuance of the mandate as proposed and initially submitted and approved by the WWI Allies at San Remo.  In the meantime, England had installed Feisal as the King of Syria.[25] After the Battle of Maysalun, in which the French Armed Forces defeated the Syrian Army the French deposed Feisal.[25] Abdullah, Feisal's brother, was furious. He marched his troops from their home in the Hejaz (in the Arabian Peninsula) to Eastern Palestine and made ready to attack the French in Syria. Churchill did not want war between the Arabs and the French. In the secret Sykes-Picot Agreement, Syria was in the French sphere of influence.  Churchill gave Feisal the Kingdom of Iraq as a consolation prize[26] and gave Abdullah and his Hashemite tribe from the Arabian Peninsula Eastern Palestine in violation of the British Mandate.[27] The Mandate at San Remo  had prohibited the Mandatory from ceding any land to a foreign nation. In the 1922 change, with a new Article 25, which is in violation of International Treaties (San Remo, 1920 Treaty of Sevres and Lausanne) it formally approved delaying organized settlement by the Jews East of the Jordan River and informally gave TransJordan to Abdullah and his Hashemite Tribe from the Hejaz. Article 25 preserved the prohibition of the Mandatory Power from discriminating among races or religions.[28] The land East of the Jordan River became TransJordan and then Jordan and the Mandatory, despite the specific terms of the mandate, prohibited Jews, but not other ethnic groups, from settling there.  The British urging the League to adopt Article 25 was a breach of its fiduciary relationship as trustee with its beneficiary and as guardian, with its ward.[29] as were the policies in their White Papers of 1922, 1930 and the vicious White Paper of 1939 under the Prime Minister Neville Chamberlain, of Munich fame, that blocked many Jews from fleeing from the Nazi Holocaust which caused the death and extermination of millions of Jewish, men, women and children.  A vicious enforcement of the blockade ensued and directly disobeyed the Mandate's requirement to facilitate Jewish immigration. (But the British turned a blind eye to the influx of hundreds of thousands of Arabs into Palestine). During WWI the Hussein/McMahon correspondence with the Arabs in the Arabian Peninsula led to a British offer to all Arabs in the Caliphate of self-government free from Turkish rule if they helped the British in the war.[30]The Arabs local to Palestine, unlike the Arabs from the Arabian Peninsula that had been led by Lawrence declined the British offer of political self determination if they were to help the Allies, and preferred to fight for the Ottoman Turks who ruled from Constantinople. According to Winston Churchill, , "The Arab-Palestinian Arabs, of course, were for the most part fighting against us, ,,," [31]"However the Jews assembled several battalions of Jewish soldiers that fought alongside the British in Palestine in WWI.[32]At that point the Jews had, de facto, lost 78% of their San Remo Mandated beneficial right to sovereignty in Palestine, the land TransJordan or East of the Jordan River.  Only 22% of the Mandate was left.  After WWII, Article 80 of the UN Charter[33] expressly preserved the rights that had been granted by the League of Nations prior to its demise, i.e. the Jewish national rights, so the UN could not grant any of it to the Arabs (It is a violation of international law). As I have noted, the Mandate itself prohibited the trustee from ceding any land in Palestine to a foreign Power. Known as “the Palestine clause,” Article 80 was drafted by Jewish legal representatives including the liberal Rabbi Stephen S. Wise, Peter Bergson (Hillel Kook) from the right-wing Irgun, and prominent Revisionist Ben-Zion Netanyahu (father of Bibi). It preserved the right of the Jewish people to “close settlement” throughout their remaining portion of Palestine west of the Jordan River.   In 1947 nevertheless, the UN did not “grant” but its General Assembly “recommended” (not a grant– that would be inconsistent with the previous grant) a partition that offered a part of the area West of the Jordan (a part of the 22% remaining) to the Jews, in effect, releasing that part of the trust res (the political rights) to the Jews, and the remainder to the local Arabs, although the latter was unauthorized by the Mandate.  In the UNSCOP hearings, the Arabs had threatened violence if the Jews were to have a state in any  part of the Middle East.  It is evident that the UN, by submitting to the Arabs extortion — threats of violence — and recommending still further partition of the remainder, hoped to avoid the violence. In the San Remo Resolution, the Allies agreed "To accept the terms of the Mandates Article as given below with reference to Palestine, on the understanding that there was inserted a process-verbal an undertaking by the Mandatory Power that this would not involve the surrender of the rights hitherto enjoyed by the non-Jewish communities in Palestine;"[34]What were those rights? The Mandate preserved the civil and religious rights of the local Arabs but did not create any political rights for them. The civil rights included individual political or electoral rights but not the collective political right of self-determination.  It did not and could not "preserve" any collective political rights or "national rights" in Palestine for local Arabs in Palestine as they had never in history had any. It follows, therefore, as to political rights, the local Arabs were no worse off than they were under the Ottoman rule from 1520 to 1920, the British suzerainty from 1920 to 1948, or the Jordanian rule from 1948 to 1967. But the Arabs didn't want the Jews to have any land with political rights for religious reasons, because it violated Islam to have any inroads on the Dar-al-Islam.[35] They engaged in jihad against the Jews and the Arab Higher Committee brought in the Armies of the surrounding Arab and Muslims States. What was the effect of the abandonment of the trust by the trustee in 1948?  Howard Grief provides a more legally precise reason,[36]  but a simple way to look at it was that when the trustee quit his obligation, the only equitable thing to do was to give the rights to the beneficiary of the trust or the ward of the guardian (the Jewish people in Israel). Going back to 1922, by 1922 the British Government's interests had changed and the government had changed. In addition to its problems with the deposing of  King Feisal, it was defending itself from charges that it had conferred political rights to the same land to the French, the Arabs and the Jews in three different agreements, the Sykes-Picot agreement, the McMahon-Hussein correspondence, and the Lord Balfour Declaration. So in 1922, Churchill, in a White Paper, tried wiggle out of England's obligation to the Jews by hinting broadly that a "national home" was not necessarily a state. However in private, many British officials agreed with the interpretation of the Zionists that a state would be established when a Jewish majority was achieved.[37]In the British cabinet discussion during final consideration of the language of the Balfour Declaration, in responding to the opposition of Lord Curzon, who viewed the language as giving rise to the presumption that Great Britain favored a Jewish State, Lord Balfour stated: "As to the meaning of the words 'national home', to which the Zionists attach so much importance, he understood it to mean some form of British, American, or other protectorate, under which full facilities would be given to the Jews to work out their own salvation and to build up, by means of education, agriculture, and industry, a real center of national culture and focus of national life. It did not necessarily involve the early establishment of an independent Jewish State, which was a matter for gradual development in accordance with the ordinary laws of political evolution." The key word here was 'early'; otherwise, the statement makes it quite clear that Balfour envisaged the eventual emergence of an independent Jewish state. Doubtless he had in mind a period somewhat longer than a mere thirty years; but the same could also be said of Chaim Weitzman."[38]According to Lloyd George, one of Churchill's contemporaries, for example, the meaning was quite clear:" There has been a good deal of discussion as to the meaning of the words "Jewish National Home" and whether it involved the setting up of a Jewish National State in Palestine. I have already quoted the words actually used by Mr. Balfour when he submitted the declaration to the Cabinet for its approval. They were not challenged at the time by any member present, and there could be no doubt as to what the Cabinet then had in their minds. It was not their idea that a Jewish State should be set up immediately by the Peace Treaty without reference to the wishes of the majority of the inhabitants. On the other hand, it was contemplated that when the time arrived for according representative institutions to Palestine, if the Jews had meanwhile responded to the opportunity afforded them by the idea of a National Home and had become a definite majority of the inhabitants, then Palestine would thus become a Jewish Commonwealth. The notion that Jewish immigration would have to be artificially restricted in order to ensure that the Jews should be a permanent minority never entered into the heads of anyone engaged in framing the policy. That would have been regarded as unjust and as a fraud on the people to whom we were appealing."[39]If there is any further doubt in the matter, Balfour himself told a Jewish gathering on February 7, 1918: "My personal hope is that the Jews will make good in Palestine and eventually found a Jewish state. It is up to them now; we have given them their great opportunity." [40]Following an opinion of the renowned international lawyer Julius Stone that focused on the settlement question,[41] President Reagan and succeeding Presidents through George W. Bush maintained a US view that the Jewish Settlements in the West Bank were legal but as a policy matter should be discouraged because of their tendency to discourage the Peace Process. President Obama while continuing the position on policy has not specifically stated his view on legality of the settlements but has referred to them wrongly as “illegitimate”.. As to Jerusalem, East Jerusalem fell in 1948 [42] to an attack of the Jordanian Arab Legion supplied and trained by the British and led by Sir John Bagot Glubb frequently referred to as "Glubb pasha". The Arab Legion later became the Jordanian Army. The Jordanians demolished 58 synagogues and their contents, uprooted the tombstones of Jewish cemeteries, and used them for paving or building latrines, and built a latrine against the Western Wall of the Temple Mount, the single most holy site for Jews.[43] They expelled all the Jewish inhabitants of East Jerusalem took over their homes and property and it became, as Adolph Hitler liked to say, Judenrein or cleansed of Jews. In June 1967 in the Six Day War, after Jordan attacked Israel after Egypt and Syria had been battling Israeli defense forces. Israel liberated Jerusalem and Judea and Samaria thus driving the Jordanians east of the Jordan River and regained its control of liberated East Jerusalem.[44] They did not use their conquest to deprive the Muslims access to their holy sites in East Jerusalem as the Jordanians had done to the Jews and Christians. Has the UN's Partition Plan any remaining significance for either the Arabs or the Jews? No.  According to acclaimed International Lawyer Julius Stone, ""The State of Israel is … not legally derived from the partition plan, but [in addition to the grants referred to above] rests (as do most other states in the world) on A. assertion of independence by its people and government, B. on the vindication of that independence by arms against assault by other states, and C. on the establishment of orderly government within territory under its stable control." D. Implementing the 1920 San Remo International treaty.  The Partition plan in violation of International treaties had assigned Eastern Jerusalem Metropolitan Area to the UN's International Control, at least temporarily for a period of 10 years. (thereafter it defaults to the controlling power, which now is Israel) However in the war of 1948, the UN did nothing to vindicate that assignment by force of arms against the assault of the surrounding Arab states.  Therefore nothing remains of that part of the Partition Plan either.  [45]In fact you read in the news and hear on TV a lot about Jewish settlements outside of Jerusalem and in East Jerusalem, but have you ever seen or heard a reference to new Arab settlements there? Since 1950 more than twice as many new settlements have been built by Arabs in the West Bank as have been built by Jews,[46] totally ignored by the press. They fill them with Lebanese, Iraqis, Jordanians and Egyptians, and, mirabile dictu, they are Arab-Palestinians. An Israeli Professor in Haifa named Steven Plaut suggests, tongue in cheek, that the Arabs must have changed the name of the area from Judea and Samaria to the "West Bank" so they wouldn't look silly in claiming that the Jews were illegally settling in eponymous Judea. In June,1967, in the Six Day War, Israel recaptured Judea, Samaria and East Jerusalem.[47]  In 1994 Israel agreed that in return for a quitclaim of Jordan, to CisJordan, or the land of Palestine west of the Jordan River, it would release its claim to TransJordan, the land East of the Jordan to the Hashemite Kingdom of Jordan. [48]My understanding from many authors, is that the Arab claims for the Arab population in Judea, Samaria and East Jerusalem are overstated.  Annexing the so called West Bank known as Judea and Samaria would not currently jeopardize a Jewish democracy in Israel.  Nor would it in the long run as correct population growth shows Jewish population increase in the West Bank known as Judea and Samaria greater than that of the Arabs.[49]I would only offer citizenship to those, Muslim, Jewish or Christian, who would take a loyalty oath to Israel.  Others could remain with the status of permanent residents. What about Gaza?  It were to keep shooting missiles at Israel, that would be a casus  belli and Israel should take it over.  Also, when it ceded its sovereignty over Gaza to the Arabs living there, the cession was under a tacit agreement that the Arabs would quit their attacks on Israel.  They haven't.  [50]  A material breach of that obligation  also justifies a takeover.  Although the people in Gaza were ceded Israel’s political or national rights to the Gaza Strip, they never met the requirements for sovereignty  The first of these is: are the Arabs local to Palestine a “people”?  No, as noted above they are an invented people.  Another requirement of a separate nation-state is unified control.  When armed truces were broken by the Gazans, Hamas, that claims control, always blames the problem on other terrorist organizations.  Since Israel’s takeover would not be taking land of another sovereign, the land would not be occupied, but disputed with Israel having the far better claim as liberated territory.[51]  I would suggest that until further Jewish population increase over that of the non-Jewish population justifies annexation of Gaza, that the Gazans be authorized Home Rule, but no vote in Israel’s policies. Israel should retain the right to eliminate candidates or parties that are terrorists.  That should meet the requirements of the French "proc├Ęs verbal" as the Arabs in Gaza never had the right to vote on the policies of the Ottoman Empire. In sum, it appears that there are five separate views that justify Israeli sovereignty over CisJordan.  These are 1. The San Remo  Resolution of 1920 which is justification under International Law, 2. The Anglo-American Convention of 1924 reaffirms and makes the Balfour Policy Treaty law and therefore the Domestic Law of the US and the UK, 3. Facts occurring after 1948, including Jordan’s aggressive war in invading a land in which the Jews had been awarded control and political rights, and the defensive war by the Jews liberating and retaking it resulted in acclaimed International Lawyers holding that the West Bank also known as Judea and Samaria was liberated but disputed, not occupied, and the Jews had the better uncontestable claim to it. In the Partition of 1947, the UN General Assembly recommended an award of part to the Arabs, that was not a grant because it had already been granted to the Jewish people.  The Jews assented, but the Arabs declined, which voids any Arab claim.  The Jews still had their rights under 1920 San Remo treaty.  The Arabs had no political or sovereign rights, certainly not the inalienable rights continuously claimed by Arafat and Abbas.  4. In 1948 Israel declared independence, established unified control over its territory and defended it by blood and treasure.  That is historically the way sovereignty arises.  5. Under canon law the Jews had exclusive rights granted by G-d as provided in the Old Testament. These 1920 San Remo Treaty exclusive rights to the Jewish people make it legally a one state solution to the current Arab Israeli conflict in Palestine. Those Jews in the Diaspora are also intended as the beneficiaries of the 1920 San Remo Treaty grant.  However in writing this from the relative safety of suburban Washington, DC, it is not our intention to urge this course on the heroic Israelis who currently face an added existential threat from Iran.  Note we say relative safety. With Iran’s hurrying development of nuclear bombs and intercontinental ballistic missiles, no one is safe. This is only to confirm the necessity and legality of a "one Jewish state solution" that others, before us, have already  suggested.  It is the Israelis who must choose Mr. Salomon Benzimra contributed to this article.  He is the author of "The Jewish People's Rights to the Land of Israel", available in "Amazon-Kindle edition". End

Grief refers to the doctrine of "acquired rights" codified in the Vienna Convention on  the Law of Treaties, Article 70 Article 70 1 b) and the legal doctrine of "estoppel" See: Grief at pp.175,176 (The Legal Foundation and Borders of Israel under International Law)[37]  http://www.answers.com/topic/balfour-declaration-191738 High Walls of Jerusalem,  at 611[39]  David Lloyd-George, Memoirs                         736-7. [40] http://www.irfi.org/articles2/articles_2301_2350/Balfour%27s%20deceit.HTM41 “Israel and Palestine: An Assault on the Law of Nations” which dealt with the legal aspects of the Arab-Israeli conflict. In it, Stone set forth the central principles of international law upon which Israel’s right to settle the West Bank is based and discussed the inapplicability of Article 49(6) of the Fourth Geneva Convention to the case of Israeli settlement. Stone drew upon the writings of Professor Stephen Schwebel, former judge on the Hague’s International Court of Justice (1981-2000), who distinguished between territory acquired in an "aggressive conquest" (such as Japanese conquests during the 1930s and Nazi conquests during World War II) and territory taken in a war of self-defense (for example, Israel’s liberation and re-capture of the West Bank also known as Judea and Samaria and the Gaza Strip in 1967 war). He also distinguished between the taking of territory that is legally held by another nation (such as the Japanese occupation of Chinese territory and the Nazi Germany occupation of France, Holland, Belgium and other European lands) as opposed to the taking of territory illegally held. The latter applies to the West Bank also known as Judea and Samaria and Gaza, which were not considered the legal territories of any High Contracting Party when Israel won control of them; their  Arab occupation after 1948 by Jordan and Egypt was illegal and neither country ever had lawful or recognized sovereignty. The last legal sovereignty over the territories was that of the League of Nations Palestine Mandate as trustee for the Jewish people which encouraged Jewish settlement of the land.  See also  a discussion of Stone's work, by Andrew Dahdal: “A Reflection On The Views Of Julius Stone And The Applicability Of International Law To The Middle East Israel and Palestine: An Assault on the Law of Nations” which dealt with the legal aspects of the Arab-Israeli conflict. Finally, see a video with Danny Ayalon, Deputy Foreign Minister of Israel, adopting and illustrating the position of Stephen Schwebel and Julius Stone.[42] http://www.historynet.com/glubb-pasha-and-the-arab-legion.htm43  http://www.palestinefacts.org/pf_1948to1967_holysites.phphttp://www.jcpa.org/JCPA/Templates/ShowPage.asp?DBID=1&LNGID=1&TMID=111&FID=443&PID=0&IID=3052  http://en.wikipedia.org/wiki/Western_Wall44 http://en.wikipedia.org/wiki/East_Jerusalem45 http://www.dore-gold.com/2011/11/the-Arab-Palestinians-resurrect-the-partition-plan.php46 Draft Report of Arab Settlement Activity in the West Bank http://www.eretzyisroel.org/~jkatz/settlementreport.html47 Best account is still Michael B. Oren, Six Days of War: June 1967 and the Making of the Modern Middle East (2003)  See also, his Power, Faith, and Fantasy: America in the Middle East: 1776 to the Present[48] Israel – Jordan, Treaty of Peacehttp://www.mfa.gov.il/MFA/Peace%20Process/Guide%20to%20the%20Peace%20Process/Israel-Jordan%20Peace%20Treaty[49] http://www.biu.ac.il/Besa/perspectives15.html http://www.ijn.com/columns/view-from-denver/2220-the-myth-of-the-Arab-Palestinian-arab-womb[50] 660 rockets and 404 mortar shells fired into Israel since the end of Operation Cast Lead until the end of February, 2012.March 1, 2012 Arab-Palestinians fired three rockets toward Ashkelon. The projectiles landed in the Ashkelon Coast Regional Council, causing no injuries or damage. March 2, Arab-Palestinians fired a Qassam rocket into the Eshkol Regional Council, causing no injuries or damage., March 3After nightfall, Arab-Palestinians fired a Qassam rocket into the Eshkol Regional Council, causing no injuries or damage, March 4. Arab-Palestinians in the Gaza Strip fired two Qassam rockets at Israel. One exploded in the Sdot Negev Regional Council[51] http://www.jcpa.org/jl/vp470.htmhttp://www.israelnationalnews.com/Articles/Article.aspx/11412#.T2pWpnJSR0U [...] and Operation Protective Edge – July/August 2014

  http://his-israel.com/2014/07/20/gaza-hamas-and-israel-at-war-operation-protective-edge-july-2014/

 and http://mfa.gov.il/MFA/ForeignPolicy/Terrorism/Pages/Rise-in-rocket-fire-from-Gaza-3-Jul-2014.aspx   - See more at: http://www.historynet.com/glubb-pasha-and-the-arab-legion.htm#sthash.h3xcoFtv.dpuf


San Remo Convention



Extract

From: The Israel-Arab Reader, edited, Walter Laqueur, New York, Bantam Books, 1976, pps 34-42. [NB: This is an edited version of the complete San Remo Agreement, and the elipses found within form part of Dr. Laqueur's editorial process.]

"The San Remo Conference decided on April 24, 1920 to assign the Mandate [for Palestine] under the League of Nations to Britain. The terms of the Mandate were also discussed with the United States which was not a member of the League. An agreed text was confirmed by the Council of the League of Nations on July 24, 1922, and it came into operation in September 1923."

The Council of the League of Nations:
Whereas the Principal Allied Powers have agreed, for the purpose of giving effect to the provisions of Article 22 of the Covenant of the League of Nations, to entrust to a Mandatory selected by the said Powers the administration of the territory of Palestine, which formerly belonged to the Turkish Empire, within such boundaries as may be fixed by them; and
Whereas the Principal Allied Powers have also agreed that the Mandatory should be responsible for putting into effect the declaration originally made on November 2nd, 1917, by the Government of His Britannic Majesty, and adopted by the said Powers, in favour of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing should be done which might prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country; and
Whereas recognition has thereby been given to the historical connexion of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country;
and
Whereas the Principal Allied Powers have selected His Britannic Majesty as the Mandatory for Palestine; and
Whereas the mandate in respect of Palestine has been formulated in the following terms and submitted to the Council of the League for approval; and
Whereas His Britannic Majesty has accepted the mandate in respect of Palestine and undertaken to exercise it on behalf of the League of Nations in conformity with the following provisions; and
Whereas by the aforementioned Article 22 (paragraph 8), it is provided that the degree of authority, control or administration to be exercised by the Mandatory, not having been previously agreed upon by the Members of the League, shall be explicitly defined by the Council of the League of Nations;
Confirming the said Mandate, defines its terms as follows:
Article 1.
The Mandatory shall have full powers of legislation and of administration, save as they may be limited by the terms of this mandate.
Article 2.
The Mandatory shall be responsible for placing the country under such political, administrative and economic conditions as will secure the establishment of the Jewish national home, as laid down in the preamble, and the development of self-governing institutions, and also for safeguarding the civil and religious rights of all the inhabitants of Palestine, irrespective of race and religion.
Article 3.
The Mandatory shall, so far as circumstances permit, encourage local autonomy.
Article 4.
An appropriate Jewish agency shall be recognized as a public body for the purpose of advising and cooperating with the Administration of Palestine in such economic, social and other matters as may affect the establishment of the Jewish national home and the interests of the Jewish population in Palestine, and, subject always to the control of the Administration, to assist and take part in the development of the country.

The Zionist Organization, so long as its organization and constitution are in the opinion of the Mandatory appropriate shall be recognized as such agency. It shall take steps in consultation with His Britannic Majesty's Government to secure the cooperation of all Jews who are willing to assist in the establishment of the Jewish national home.
Article 5.
The Mandatory shall be responsible for seeing that no Palestine territory shall be ceded or leased to, or in any way placed under the control of, the Government of any foreign Power.
Article 6.
The Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions and shall encourage, in co-operation with the Jewish agency referred to in Article 4, close settlement by Jews on the land, including State lands and waste lands not required for public purposes.
Article 7.
The Administration of Palestine shall be responsible for enacting a nationality law. There shall be included in this law provisions framed so as to facilitate the acquisition of Palestinian citizenship by Jews who take up their permanent residence in Palestine.
Article 8.
The privileges and immunities of foreigners, including the benefits of consular jurisdiction and protection as formerly enjoyed by Capitulation or usage in the Ottoman Empire, shall not be applicable in Palestine.
Unless the Powers whose nationals enjoyed the aforementioned privileges and immunities on August 1st, 1914, shall have previously renounced the right to their re-establishment, or shall have agreed to their non-application for a specified period, these privileges and immunities shall, at the expiration of the mandate, be immediately re-established in their entirety or with such modifications as may have been agreed upon between the Powers concerned.
Article 9.
The Mandatory shall be responsible for seeing that the judicial system established in Palestine shall assure to foreigners, as well as to natives, a complete guarantee of their rights.
Respect for the personal status of the various peoples and communities and for their religious interests shall be fully guaranteed. In particular, the control and administration of Waqfs shall be exercised in accordance with religious law and the dispositions of the founders.
Article 10.
Pending the making of special extradition agreements relating to Palestine, the extradition treaties in force between the Mandatory and other foreign Powers shall apply to Palestine.
Article 11.
The Administration of Palestine shall take all necessary measures to safeguard the interests of the community in connection with the development of the country, and, subject to any international obligations accepted by the Mandatory, shall have full power to provide for public ownership or control of any of the natural resources of the country or of the public works, services and utilities established or to be established therein. It shall introduce a land system appropriate to the needs of the country having regard, among other things, to the desirability of promoting the close settlement and intensive cultivation of the land.

The Administration may arrange with the Jewish agency mentioned in Article 4 to construct or operate, upon fair and equitable terms, any public works, services and utilities, and to develop any of the natural resources of the country, in so far as these matters are not directly undertaken by the Administration. Any such arrangements shall provide that no profits distributed by such agency, directly or indirectly, shall exceed a reasonable rate of interest on the capital, and any further profits shall be utilized by it for the benefit of the country in a manner approved by the Administration.
Article 12.
The Mandatory shall be entrusted with the control of the foreign relations of Palestine, and the right to issue exequaturs to consuls appointed by foreign Powers. He shall also be entitled to afford diplomatic and consular protection to citizens of Palestine when outside its territorial limits.
Article 13.
All responsibility in connexion with the Holy Places and religious buildings or sites in Palestine, including that of preserving existing rights and of securing free access to the Holy Places, religious buildings and sites and the free exercise of worship, while ensuring the requirements of public order and decorum, is assumed by the Mandatory, who shall be responsible solely to the League of Nations in all matters connected herewith, provided that nothing in this article shall prevent the Mandatory from entering into such arrangements as he may deem reasonable with the Administration for the purpose of carrying the provisions of this article into effect; and provided also that nothing in this Mandate shall be construed as conferring upon the Mandatory authority to interfere with the fabric or the management of purely Moslem sacred shrines, the immunities of which are guaranteed.
Article 14.
A special Commission shall be appointed by the Mandatory to study, define and determine the rights and claims in connection with the Holy Places and the rights and claims relating to the different religious communities in Palestine. The method of nomination, the composition and the functions of this Commission shall be submitted to the Council of the League for its approval, and the Commission shall not be appointed or enter upon its functions without the approval of the Council.
Article 15.
The Mandatory shall see that complete freedom of conscience and the free exercise of all forms of worship, subject only to the maintenance of public order and morals are ensured to all. No discrimination of any kind shall be made between the inhabitants of Palestine on the ground of race, religion or language. No person shall be excluded from Palestine on the sole ground of his religious belief.

The right of each community to maintain its own schools for the education of its own members in its own language, while conforming to such educational requirements of a general nature as the Administration may impose, shall not be denied or impaired.
Article 16.
The Mandatory shall be responsible for exercising such supervision over religious or eleemosynary bodies of all faiths in Palestine as may be required for the maintenance of public order and good government. Subject to such supervision, no measures shall be taken in Palestine to obstruct or interfere with the enterprise of such bodies or to discriminate against any representative or member of them on the ground of his religion or nationality.
Article 17.
The Administration of Palestine may organize on a voluntary basis the forces necessary for the preservation of peace and order, and also for the defence of the country, subject however, to the supervision of the Mandatory, but shall not use them for purposes other than those above specified save with the consent of the Mandatory. Except for such purposes no military, naval or air forces shall be raised or maintained by the Administration of Palestine.
Nothing in this article shall preclude the Administration of Palestine from contributing to the cost of the maintenance of the forces of the Mandatory in Palestine.
The Mandatory shall be entitled at all times to use the roads, railways and ports of Palestine for the movement of armed forces and the carriage of fuel and supplies.

Article 18.
The Mandatory shall see that there is no discrimination in Palestine against the nationals of any State Member of the League of Nations (including companies incorporated under its laws) as compared with those of the Mandatory or of any foreign State in matters concerning taxation, commerce or navigation, the exercise of industries or professions, or in the treatment of merchant vessels or civil aircraft. Similarly, there shall be no discrimination in Palestine against goods originating in or destined for any of the said States, and there shall be freedom of transit under equitable conditions across the mandated area.
Subject as aforesaid and to the other provisions of this mandate, the Administration of Palestine may, on the advice of the Mandatory, impose such taxes and customs duties as it may consider necessary, and take such steps as it may think best to promote the development of the natural resources of the country and to safeguard the interests of the population. It may also, on the advice of the Mandatory, conclude a special customs agreement with any State the territory of which in 1914 was wholly included in Asiatic Turkey or Arabia.
Article l9.
The Mandatory shall adhere on behalf of the Administration of Palestine to any general international conventions already existing, or which may be concluded hereafter with the approval of the League of Nations, respecting the slave traffic, the traffic in arms and ammunition, or the traffic in drugs, or relating to commercial equality, freedom of transit and navigation, aerial navitation and postal, telegraphic and wireless communicatiion or literary, artistic or industrial property.
Article 20.
The Mandatory shall co-operate on behalf of the Administration of Palestine, so far as religious, social and other conditions may permit, in the execution of any common policy adopted by the League of nations for preventing and combating disease, including diseases of plants and animals.
Article 21.
The Mandatory shall secure the enactment within twelve months from this date, and shall ensure the execution of a Law of Antiquities based on the following rules. This law shall ensure equality of treatment in the matter of excavations and archaeological research to the nationalals of all States Members of the League of Nations....
Article 22.
English, Arabic and Hebrew shall be the official languages of Palestine. Any statement or inscription in Arabic on stamps or money in Palestine shall be repeated in Hebrew and any statement or inscription in Hebrew shall be repeated in Arabic.
Article 23.
The Administration of Palestine shall recognize the holy days of the respective communities in Palestine as legal days of rest for the members of such communities.
Article 24.
The Mandatory shall make to the Council of the League of Nations an annual report to the satisfaction of the Council as to the measures taken during the year to carry out the provisions of the mandate. Copies of all laws and regulations promulgated or issued during the year shall be communicated with the report.
Article 25.
In the territories Iying between the Jordan and the eastern boundary of Palestine as ultimately determined, the Mandatory shall be entitled, with the consent of the Council of the League of Nations, to postpone or withhold application of such provisions of this mandate as he may consider inapplicable to the existing local conditions, and to make such provision for the administration of the territories as he may consider suitable to those conditions, provided that no action shall be taken which is inconsistent with the provisions of Articles 15, 16 and 18.
Article 26.
The Mandatory agrees that if any dispute whatever should arise between the Mandatory and another Member of the League of Nations relating to the interpretation or the application of the provisions of the mandate, such dispute, if it cannot be settled by negotiation, shall be submitted to the Permanent Court of International Justice provided for by Article 14 of the Covenant of the League of Nations.
Article 27.
The consent of the Council of the League of Nations is required for any modification of the terms of this mandate.
Article 28.
In the event of the termination of the mandate hereby conferred upon the Mandatory, the Council of the League of Nations shall make such arrangements as may be deemed necessary for safeguarding in perpetuity, under guarantee of the League, the rights secured by Articles 13 and 14, and shall use its influence for securing, under the guarantee of the League, that the Government of Palestine will fully honour the financial obligations legitimately incurred by the Administration of Palestine during the period of the mandate, including the rights of public servants to pensions or gratuities.
The present instrument shall be deposited in original in the archives of the League of Nations and certified copies shall be forwarded by the Secretary General of the League of Nations to all Members of the League.
DONE AT LONDON the twenty-fourth day of July, one thousand nine hundred and twenty-two."

1 comment:

  1. As Professor Stephen Schwebel, former judge on the Hague's International Court of Justice notes:

    The Arab-Palestinian claim to sovereignty over east Jerusalem under the principle of self-determination of peoples cannot supersede the Jewish right to self-determination in Jerusalem. While Arabs constituted an ethnic majority only in the artificial entity of "East Jerusalem" created by Jordan's illegal division of the city, the armistice lines forming this artificial entity were never intended to determine the borders of, or political sovereignty over, the city. Moreover, Jews constituted the majority ethnic group in unified Jerusalem both in the century before Jordan's invasion, and since 1967 (the exception being during Jordan's illegal occupation).

    Sir Elihu Lauterpacht, an international legal expert, scholar and director emeritus of the Lauterpacht Centre for International Law at the University of Cambridge, details the legal justification for Israel's sovereignty in east Jerusalem. According to the scholar, "Jordan's occupation of the Old City–and indeed of the whole of the area west of the Jordan river entirely lacked legal justification" and was simply a "de facto occupation protected by the Armistice Agreement." This occupation ended as a result of "legitimate measures" of self defense by Israel, thereby opening the way for Israel as "a lawful occupant" to fill a sovereignty vacuum left by Britain's withdrawal from the territory in 1948.

    furthermore:

    A state acting in lawful exercise of its right of self-defense may seize and occupy foreign territory as long as such seizure and occupation are necessary to its self-defense......Where the prior holder of territory had seized that territory unlawfully, the state which subsequently takes that territory in the lawful exercise of self-defense has, against that prior holder, better title.

    As Schwebel explains, "Jordan's seizure [in 1948] and subsequent annexation of the West Bank and the old city of Jerusalem were unlawful," arising as they did from an aggressive act. Jordan therefore had no valid title to east Jerusalem. When Jordanian forces attacked Jerusalem in 1967, Israeli forces, acting in self defense, repelled Jordanian forces from territory Jordan was illegitimately occupying. Schwebel maintains that in comparison to Jordan, "Israeli title in old (east) Jerusalem is superior." And in comparison to the UN, which never asserted sovereignty over Jerusalem and allowed its recommendation of a corpus separatum to lapse and die, he sees Israel's claim to Jerusalem as similarly superior.

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