THE SAN REMO
CONFERENCE IN CONTEXT
It
is impossible to understand the complex legal implications of the Arab-Israel
conflict without an acquaintance with the basics of following context.
THE SAN REMO CONFERENCE
in relation to
McMAHON, SYKES-PICOT, THE BALFOUR DECLARATION, AND THE BRITISH MANDATE
in relation to
McMAHON, SYKES-PICOT, THE BALFOUR DECLARATION, AND THE BRITISH MANDATE
Article 6 of the Mandate, charged Britain with
the duty to facilitate Jewish immigration and close settlement by Jews in the
territory which then included Transjordan, as called for in the Balfour
declaration, that had already been adopted by the other Allied Powers. As a
trustee, Britain had a
fiduciary duty to act in good faith in carrying out the duties imposed by the
Mandate. Furthermore, as the San Remo resolution
has never been abrogated, it was and continues to be legally binding between
the several parties who signed it and is embedded in international law. It is
therefore obvious that the legitimacy of Syria , Lebanon , Iraq and the
Jewish state all derive from the same international agreement at the 1920 San
Remo Conference.
Remo.
The 1915 McMahon-Hussein Agreement
In 1915 Sir
Henry McMahon made promises on behalf of the British government, via Sherif
Hussein of Mecca, about allocation of territory to the Arab people. Although
Hussein understood from the promises that Palestine would be given to the
Arabs, the British later claimed that land definitions were only approximate
and that a map drawn at the time excluded Palestine from territory to be
given to the Arab people, and this was not voted on by the British Parliament.
However in a subsequent change of policy in recognition of the McMahon
correspondence, and in violation of its mandate for Palestine as trustee for
the Jewish people, Britain separated the territory east of the Jordan River
namely Transjordan (since renamed Jordan) from Jewish-Palestine west of the
Jordan. In his book “State and economics in the Middle East: a society in
transition” (Routledge, 2003), Alfred Bonné included a letter from Sir Henry
McMahon to The Times of London dated July 23, 1937 in which he wrote, “I feel
it my duty to state, and I do so definitely and emphatically, that it was not
intended by me in giving this pledge to King Hussein to include Jewish-Palestine
in the area in which Arab independence was promised. I also had every reason to
believe at the time that the fact that Palestine was not included in my
pledge was well understood by King Hussein. ”Bonné considered the letter to be
of such importance that he published it in full as copied below.
The May 1916 Sykes-Picot Agreement
This secret
agreement between Britain , France and Russia was concluded by British
diplomat, Sir Mark Sykes and French diplomat Georges Picot. In seeking to
divide the entire Middle East into areas of influence for each of the imperial powers but
leaving the Holy Lands to be jointly administered by the three powers, it
clashed materially with the McMahon Agreement. It was intended to hand Syria , Mesopotamia , Lebanon and Cilicia (in south-eastern Asia Minor ) to the French and Palestine , Jordan and areas around the Persian Gulf and Baghdad including Arabia and the Jordan Valley to the British. Although
intended to be secret, the Arabs learned about the agreement from communists
who found a copy in the Russian government’s archives.
The 1917 Balfour Declaration
he Balfour
Declaration is contained in the following letter from Lord Arthur Balfour, the
British foreign secretary, to Lord Rothschild, president of the British Zionist
Federation, Foreign Office November 2nd, 1917
Dear Lord
Rothschild,
I have much
pleasure in conveying to you, on behalf of His Majesty’s Government, the
following declaration of sympathy with Jewish Zionist aspirations which has
been submitted to, and approved by, the Cabinet.
“His Majesty’s
Government view with favor the establishment in Palestine of a national home
for the Jewish people, and will use their best endeavors to facilitate the
achievement of this object, it being clearly understood that nothing shall be
done which may 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.”
I should be
grateful if you would bring this declaration to the knowledge of the Zionist
Federation.
Yours sincerely,
Arthur James Balfour
Arthur James Balfour
The declaration
in its entirety was incorporated into the San Remo Treaty terms, thus having
the force of International agreement and was accepted by the League of Nations on July 24, 1922 and embodied in the mandate that gave Great Britain administrative control of
Palestine to advance the reconstituting of the Jewish
National Home as described in more detail below.
THE SAN REMO CONFERENCE 1920
After ruling
vast areas of Eastern Europe , South-western Asia , and North Africa for centuries, the Ottoman Empire lost all its Middle East territories during World
War One. The Treaty of Sèvres of August 10, 1920 abolished the Ottoman Empire and obliged Turkey to renounce all rights
over Arab Asia and North Africa . It was replaced by the Treaty of Lausanne in 1923.The status
of the Ottoman Empire’s former possessions was determined at a conference in
San Remo, Italy on April 24-25, 1920 attended by Great Britain, France, Italy,
Japan and as an observer, the United States. Syria and Lebanon were mandated to France while Mesopotamia (Iraq ) and the southern portion
of the territory (Palestine ) were mandated to Britain , with the charge to
implement the 1917 Balfour Declaration. While the Balfour Declaration was in
itself not a legally enforceable document, it did become legally enforceable by
being entrenched in international law when it was incorporated in its entirety
in a resolution passed by the Conference on April
25, 1920 . Significantly, the only change made to the wording of the
Balfour Declaration was to strengthen Britain ’s duty and obligation to
implement the 1917 Balfour Declaration. Lord Curzon described the 1920 San Remo resolution as “the Magna
Carta of the Zionists”.
Though exact borders
were not yet precisely defined (there was a rough map drawn), the conference
gave Palestine a legal identity. Lloyd George, the British
Prime Minister at the time used the expression “from Dan to Beersheba ” that was often used in
subsequent documents.
The
conference’s decisions were confirmed unanimously by all fifty-one member
countries of the League of Nations on July 24,
1922
and they were further endorsed by a joint resolution of the United States
Congress in the same year,
The San Remo resolution received a
further US endorsement in the
Anglo-American Treaty on Palestine , signed by the US and Britain on December 3, 1924 , that incorporated the text of the Mandate
for Palestine . The treaty protected the rights of
Americans living in Palestine under the Mandate and more significantly it also
made those rights and provisions part of United States treaty law which are
protected under the US constitution. The U.S. Senate ratified the treaty on February 20, 1925 followed by President Calvin Coolidge on March 2, 1925 and by Great Britain on March 18, 1925 .
Commemoration of the San Remo conference
In April 2010,
a ceremony attended by politicians and others from Europe , the U.S. and Canada was held in San Remo at the house where the
signing of the San Remo Treaty declaration took place in 1920. At the
conclusion of the commemoration, the following statement was released: ”Reaffirming
the importance of the San Remo Resolution of April 25, 1920 – which included the
Balfour Declaration in its entirety – in shaping the map of the modern Middle
East, as agreed upon by the Supreme Council of the Principal Allied Powers
(Britain, France, Italy, Japan, and the United States acting as an observer),
and later adopted and approved unanimously by the League of Nations; the
Resolution remains irrevocable, legally binding and valid to this day. ”Emphasizing
that the San Remo Resolution of 1920 recognized the exclusive national Jewish
rights to the Land of Israel under international law, on the strength of the
historical connection of the Jewish people to the territory previously known as
Palestine.
“Recalling that
such a seminal event as the San Remo Conference of 1920 has been forgotten or
ignored by the community of nations, and that the rights it conferred upon the
Jewish people have been unlawfully dismissed, curtailed and denied.
“Asserting that
a just and lasting peace, leading to the acceptance of secure and recognized
borders between all States in the region, can only be achieved by recognizing
the long established rights of the Jewish people under international law.”
THE BRITISH MANDATE OVER PALESTINE
As stated
above, the San Remo Conference decided to place Palestine under British Mandatory
rule making Britain responsible for giving
effect to the 1917 Balfour declaration that had been adopted by all the other
Allied Powers. The resulting “Mandate for Palestine ,” was an historical League of Nations document that laid down
the Jewish legal right to settle anywhere in Palestine and the San Remo
Resolution together with Article 22 of the Covenant of the League of Nations became the basic
documents on which the Mandate for Palestine was established. The
Mandate’s declaration of July 24, 1922 states unambiguously that Britain became
responsible for putting the 1917 Balfour Declaration, in favor of the
establishment in Palestine of a national home for the Jewish people, into
effect and it confirmed that recognition had thereby been given to the
historical connection of the Jewish people with Palestine and to the grounds
for reconstituting their national home in that country. It is highly relevant
that at that time the West Bank aka Judea and Samaria and parts of what today is Jordan were included as a Jewish
Homeland. However, on September 16, 1922 , the British in violation
of international treaties divided the Mandate territory into Jewish Palestine,
west of the Jordan and Transjordan , east of the Jordan River , in accordance with the
McMahon Correspondence of 1915 (not approved by British Parliament and denied
by McMahon). Transjordan became exempt from the Mandate provisions concerning the Jewish
National Home, effectively removing about 78% of the original territory of the
area in which a Jewish National home was to be established in terms of the
Balfour Declaration and the San Remo resolution as well as the
British Mandate.
This action
violated not only Article 5 of the Mandate which required the Mandatory to 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
but also article 20 of the Covenant of the League of Nations in which the
Members of the League solemnly undertook that they would not enter into any
engagements inconsistent with the terms thereof.
Article 6 of
the Mandate stated that 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.
Nevertheless in
blatant violation of article 6, in a 1939 White Paper Britain changed its position so
as to limit Jewish immigration from Europe , a move that was regarded
by Zionists as betrayal of the terms of the mandate, especially in light of the
increasing persecution of Jews in Europe . In response, Zionists
organized Aliyah Bet, a program of illegal immigration into Palestine .
CONCLUSION
The frequently
voiced complaint that the state being offered to the Palestinians comprises
only 22 percent of Palestine is obviously invalid. The truth is exactly
the reverse. From the above history it is obvious that the territory on both
sides of the Jordan was legally designated
for the Jewish homeland by the 1920 San Remo Conference, mandated to Britain , endorsed by the League of Nations in 1922, affirmed in the
Anglo-American Convention on Palestine in 1925 and confirmed in
1945 by article 80 of the UN. Yet, approximately 80% of this territory was
excised from the territory in May 1923 when, in violation of the mandate and
the San Remo resolution, Britain gave autonomy to Transjordan (now known as Jordan ) under as-Sharif Abdullah
bin al-Husayn. Furthermore, as the San Remo resolution has never been
abrogated, it was and continues to be legally binding between the several
parties who signed it. It is therefore obvious that the legitimacy of Syria , Lebanon , Iraq and a Jewish state in Palestine all derive from the same
international agreement at San Remo .
In essence,
when Israel entered the West Bank and Jerusalem in 1967 it did not occupy
territory to which any other party had title. While Jerusalem and the West
Bank, (Judea and Samaria), were illegally occupied by Jordan in 1948 they
remained in effect part of the Jewish National Home that had been created at
San Remo and in the 1967 6-Day War Israel, in effect, recovered territory that
legally belonged to it. To quote Judge Schwebel, a former President of the ICJ,
“As between Israel, acting defensively in 1948 and 1967, on the one hand, and
her Arab neighbors, acting aggressively, in 1948 and 1967, on the other, Israel
has the better title in the territory of what was Palestine, including the
whole of Jerusalem.
If Israel
disappears, others will too
Since 1948, we Arabs have been taught
that all we need to do is get rid of the Jewish state, and everything else
will go well after that. Our dictators took full advantage of this idea.
Egyptian President Gamal Abdel Nasser locked up and executed his opposition
members using his famous excuse: "No voices are to be allowed except for
those for the war with Israel." Iraqi President Saddam Hussein adopted
the Palestinian flag and had it printed, distributed and flown alongside his
own flag, and even said, "Palestine and Iraq share the same identical
cause." In short, we Arabs have put 70 years of our existence on hold
while awaiting that "glorious day" when we defeat Israel and
"feed the Jews to the fish."
But that day did not come, nor does
it seem to be coming, as Jordanian opposition figure Emad Tarifi once told me:
"It seems the fish in the sea are not betting on us feeding them
Jews."
In addition, we Arabs have given our
dictators carte blanche to impoverish, terrorize, oppress and destroy us all
in the name of "the great Arab struggle to end the Zionist entity."
The outcome of this has been clear: While Israel made 10 new breakthroughs in
cancer and cardiac treatments in the last two years alone, we Arabs developed
new execution methods. The latest is death by drowning in a cage, as shown in
an Islamic State group video two weeks ago.
We Arabs have wasted seven decades of
our existence awaiting Israel's demise. It is time to think of the future, and
whether Israel's "disappearance" should be our ultimate wish.
Being the son of two
Palestinian-Jordanian refugees, I find myself inclined to fear for the future.
Regardless of my stance toward Israel, I have to think: What would happen if,
one day, Israel were to disappear? While it does not seem feasible, it is the
day around which entire Arab political, social and economic systems revolve.
It is not only Arabs who want Israel
gone. There are others who seek the same, for example anti-Semites in the
West. Just last week, neo-Nazis marched in London with swastikas and the
Palestinian flag. The organizer of the march claimed it was a protest "by
all of those who have suffered because of Israel." There are groups
calling for a boycott of Israel "for the sake of the Palestinian
people." There are countries whose entire foreign policy seems to revolve
around opposition to Israel. We Palestinians might have believed that these
groups and countries actually care about us, but they take no interest in the
fate of the 150,000 Palestinians being starved to death in Syria's Yarmouk
refugee camp, nor in an estimated 5.8 million Palestinians in Jordan (as
indicated by a U.S. Embassy cable) who live as second-class citizens and are
banned from government jobs and any form of state benefits while paying full
taxes.
If these Israel-haters got their wish
to see Israel disappear, what would happen?
First, Israel is the only reason Iran
does not yet have nuclear weapons. Iran could buy the technology to produce
them, or could learn it quickly the way Pakistan did. Why has Iran been slow in
doing so? Because it learned a lesson from the experience of Saddam's Osirak
reactor, which Israeli jets reduced to rubble in 1981.
Then, almost everyone, including
George H. W. Bush who was vice president of the United States at that time,
were furious with Israel's move. But 10 years later, when the U.S. fought to
liberate Kuwait, the situation would have been totally different if Saddam had
kept his nuclear program -- and the only reason he did not was Israel.
Further, Iran already controls at
least a third of Iraq and its resources through a pro-Iranian regime. If
Israel were to disappear, Iran would extend its influence into Jordan, Kuwait
and Bahrain the next day, as it would not have to fear an Israeli reaction.
Iran could then bring the world to its knees by reducing oil production.
Iran is not the only evil power in
the Middle East: We also have Islamic State, which has now spread across Iraq,
Syria, Sinai and Libya, with clear ambitions to enter Jordan. Islamic State has
not entered Jordan yet, and this is not because of any fear of the Jordanian army.
After all, the Global Firepower website ranks Jordan's army at the same level
as the Iraqi army, which Islamic State has defeated many times. Islamic State
does not dare enter Jordan for one reason only -- its fear that Israeli jets
would catch up with it 15 minutes later.
If Israel were to disappear and be
replaced by a Palestinian state, the Palestinians would most likely end up
with another Arab dictatorship that oppresses them and reduces them to
poverty. We have partially seen that with the Palestinian Authority and the
"liberated" areas it rules. I regularly visit the West Bank and have
interviewed scores of Palestinians there. I can confirm that, as much as they
hate Israel, they still openly yearn for the days when it administered the
West Bank. As one Palestinian told me, "We prayed to God to give us
mercy and rid us of Israel; later, we found out that God had given us mercy
when Israel was here."
To those Arabs, Muslims, Westerners
and others insisting that Israel must be erased from face of the planet, I
say: Don't bet on it, as Israel is becoming stronger every day through its
democracy and innovation, while Arab countries are getting weaker through
dictatorship and chaos. And be careful what you wish for, because if you were
to get it, you too would most likely disappear, unless you yearn to be ruled
by Iran or Islamic State.
In short, if the day were to come
when Israel falls, Jordan, Egypt and many others would fall, too, and
Westerners would be begging Iran for oil.
We can hate Israel as much as we
like, but we must realize that without it, we too would be gone.
Mudar Zahran is a
Jordanian-Palestinian who resides in the U.K.
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