by Wallace Edward Brand
2nd part of 2
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 in the 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;"
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. It did not and could not "preserve" any political rights in
In 1948, the Jews accepted the UN recommendation and promptly proclaimed independence. The Arabs declined. They wanted all of the land. As noted above, in 1920 the Arabs and Muslims had been awarded political rights in 99% of the captured Ottoman land. Political rights for only 1%,
Under those circumstances, what can be said about the territory, recommended to be awarded to the Arabs but which they declined? After Churchill gave Transjordan to Abdullah, the Arabs and Muslims had 99.77% of the captured Ottoman lands in the Middle East and the Maghreb and the Jews only 0.23%. But the Arabs didn't want the Jews to have any because it violated Islam to have any inroads on the Dar-al-Islam. They engaged in jihad against the Jews and the Arab Higher Committee brought in the Armies of the surrounding Arab and Muslims States. In 1947 the Trustee had abandoned its trust and its suzerainty was thereby ended. Therefore International Law under the doctrine of "acquired rights" favors the claim of Israel over the remaining trust res, i.e. political rights over Palestine, i.e. sovereignty including sovereignty over the West Bank granted by the League of Nations. Howard Grief, in his excellent exposition that parallels this one but is far more detailed, says that this aspect of international law has been codified by the 1969 Vienna Convention on the Law of Treaties. It provides, in Article 70(1)(b) for the Consequences of the termination of a treaty.
Unless the treaty otherwise provides or the parties otherwise agree, the termination of a treaty under its provisions or in accordance with the present Convention: does not affect any right, obligation or legal situation of the parties created through the execution of the treaty prior to its termination.
Was the National Homeland for the Jews referred to in the Mandate intended to be a proposed Jewish State encompassing all of
The Report of the Anglo-Anglo American Inquiry held in 1946 suggests in paragraph 1 of Chapter V [Jewish Attitude] that the demand for a Jewish State goes beyond the policy of Lord Balfour and the grant of the
The Anglo American inquirers overlooked the following history:
By 1922 the British Government's interests had changed and the government had changed. 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
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
"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."
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
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
A "Mandate" and a "Trusteeship" were essentially the same suzerainty. The mandate name was abandoned by the UN in favor of "trusteeships" in order not to have the stigma of the moribund
Following an opinion of the renowned international lawyer Julius Stone that focused on the settlement question, 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.
As to Jerusalem, East Jerusalem fell in 1948 to an attack of the 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. They expelled all the Jewish inhabitants of East Jerusalem and it became, as Adolph Hitler liked to say, judenrein or cleansed of Jews. In 1967 in the Six Day War,
Are the Jews Judaizing the city of
In fact you read in the news and hear on TV a lot about Jewish settlements outside of
 See the original documents in the Avalon Project at
 A general chronology is in Hertz, "Mandate for
(http://www.mythsandfacts.com/conflict/mandate_for_ palestine/mandate_for_palestine.htm), which cites Palestine Royal Commission Report, July 1937, Chapter II, p. 31. The discussion by the international lawyer, Jacques Gauthier, is in
 http://avalon.law.yale.edu/20th_century/balfour.asp; some context is discussed in
 http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=243; For context, see
 http://wwi.lib.byu.edu/index.php/San_Remo_Convention; what the Arabs got is discussed in
 Same as the
 http://www.absoluteastronomy.com/topics/ United_Nations_Trusteeship_Council
 My Right Word: That Anglo-American Convention of 1924;
 http://avalon.law.yale.edu/20th_century/sykes.asp; http://www.jewishvirtuallibrary.org/jsource/judaica/ ejud_0002_0019_0_19421.html
 http://www.jewishvirtuallibrary.org/jsource/History/hussmac.html includes the text of the letters;
http://www.mideastweb.org/mcmahon.htm also includes text and maps.
 See ; also "What did the British promise to the Jews?",
 www.answers.com/topic/faisal-i-ibn-hussein; http://www.wnd.com/?pageId=5715 which also discusses Lawrence of Arabia's role in creating (Trans)
 http://www.eretzyisroel.org/~jkatz/jordan.html; see also .
 http://www.mfa.gov.il/MFA/Peace+Process/ Guide+to+the+Peace+Process/The+Mandate+for+Palestine.htm; See also  and
 http://www.radicalacademy.com/pollawrenceofarabia.htm; http://www.eretzyisroel.org/~samuel/britainfrance.html
 http://www.yale.edu/lawweb/avalon/un/unchart.htm/. The site contains all the articles of the UN Charter.
 http://en.wikipedia.org/wiki/San_Remo_conference; also
 http://www.timesonline.co.uk/tol/system/topicRoot/ Establishment_of_the_State_of_I/
 Basic general concept of trust res is explained in
http://legal-dictionary.thefreedictionary.com/trust; See also: http://www.think-israel.org/shifftan.gifting.html; http://www.think-israel.org/beres.ramificationspalstate.html; and http://www.think-israel.org/belman.israelowns samariajudea.html
 Howard Grief, The Legal Foundation and Borders of
 Peter Mansfield, The Arabs
 Ronald Sanders, The High Walls of
 Lloyd George Memoirs, pp 736-7,
 Sanders, Ronald. Op cit, p 652)
 Citations from Stone are in
 http://www.historynet.com/ glubb-pasha-and-the-arab-legion.htm
 "http://uk.answers.yahoo.com/question/ index?qid=20091225111633AAB8o1S" who quotes from
http://www.samsonblinded.org/said_end_pe...; see also
Wallace Edward Brand is a retired lawyer living in
Copyright - Original materials copyright (c) by the authors.