The details for the planned
independent Jewish state were set forth in three basic documents, which may be
termed the founding documents of mandated Palestine and the modern Jewish state of Israel that arose from it. These were (1) the San Remo Resolution of April 25, 1920 , (2) the Mandate for Palestine conferred on Britain by the Principal Allied Powers and confirmed by the League of Nations on July 24, 1922 , and (3) the Franco-British Boundary Convention of December 23, 1920 . These founding documents were supplemented by the
Anglo-American Convention of December 3, 1924 respecting the Mandate for Palestine .
http://middleeastfacts2016.blogspot.com/2015/05/the-details-for-planned-independent_21.html
It is of supreme importance to remember always that these
documents were the source or well-spring of Jewish legal rights and title of
sovereignty over Palestine and the Land of Israel under international law,
because of the near-universal but completely false belief that it was the
United Nations General Assembly Partition Resolution of November 29, 1947 that
brought the State of Israel into existence. In fact, the UN resolution was an
illegal abrogation of Jewish legal rights and title of sovereignty to the whole
of Palestine and the Land of Israel ,
rather than an affirmation of such rights or progenitor of them.
The 1920 San Remo Resolution converted the Balfour Declaration
of November 2, 1917 from a mere statement of British policy expressing sympathy
with the goal of the Zionist movement to create a Jewish state into a binding
act of international law that required specific fulfillment by Britain of this
object in active cooperation with the Jewish people. Under the Balfour
Declaration as originally issued by the British government, the latter only
promised to use their best endeavors to facilitate the establishment in Palestine of a national home
for the Jewish people. But under the San Remo Resolution of April 24-25, 1920 ,
the Principal Allied Powers as a cohesive group charged the British government
with the responsibility or legal obligation of putting into effect the Balfour
Declaration. A legal onus was thus placed on Britain to ensure that the
Jewish National Home would be duly established. This onus the British
Government willingly accepted because at the time the Balfour Declaration was
issued and adopted at the San Remo Peace Conference, Palestine was considered a
valuable strategic asset and communications center, and so a vital necessity
for protecting far-flung British imperial interests extending from Egypt to
India. Britain was fearful of
having any major country or power other than itself, especially France or Germany ,
positioned alongside the Suez
Canal .
The term "Jewish National Home" was defined to
mean a state by the British government at the Cabinet session which approved
the Balfour Declaration on October 31, 1917 .
That was also the meaning originally given to this phrase by the program
committee which drafted the Basel Program at the first Zionist Congress in
August 1897 and by Theodore Herzl, the founder of the Zionist Organization. The
word "home" as used in the Balfour Declaration and subsequently in
the San Remo Resolution was simply the euphemism for a state originally adopted
by the Zionist Organization when the territory of Palestine was subject to the
rule of the Ottoman Empire, so as not to arouse the sharp opposition of the
Sultan and his government to the Zionist aim, which involved a potential loss
of this territory by the Empire. There was no doubt in the minds of the authors
of the Basel Program and the Balfour Declaration regarding the true meaning of
this word, a meaning reinforced by the addition of the adjective
"national" to "home". However, as a result of not using the
word "state" directly and proclaiming that meaning openly or even
attempting to hide its true meaning when it was first used to denote the aim of
Zionism, ammunition was provided to those who sought to prevent the emergence
of a Jewish state or who saw the Home only in cultural terms.
The phrase "in Palestine ",
another expression found in the Balfour Declaration that generated much
controversy, referred to the whole country, including both Cisjordan and Transjordan .
It was absurd to imagine that this phrase could be used to indicate that only a
part of Palestine was reserved for the future Jewish National Home, since both
were created simultaneously and used interchangeably, with the term
"Palestine" pointing out the geographical location of the future
independent Jewish state. Had "Palestine "
meant a partitioned country with certain areas of it set aside for Jews and
others for Arabs, that intention would have been stated explicitly at the time
the Balfour Declaration was drafted and approved and later adopted by the
Principal Allied Powers. No such allusion was ever made in the prolonged
discussions that took place in fashioning the Declaration and ensuring it
international approval.
There is therefore no juridical or factual basis for
asserting that the phrase "in Palestine "
limited the establishment of the Jewish National Home to only a part of the
country. On the contrary, Palestine and the Jewish National Home were
synonymous terms, as is evidenced by the use of the same phrase in the second
half of the Balfour Declaration which refers to the existing non-Jewish
communities "in Palestine", clearly indicating the whole country.
Similar evidence exists in the preamble and terms of the Mandate Charter.
The San Remo Resolution on Palestine combined the
Balfour Declaration with Article 22 of the League Covenant. This meant that the
general provisions of Article 22 applied to the Jewish people exclusively, who
would set up their home and state in Palestine .
There was no intention to apply Article 22 to the Arabs of the country, as was
mistakenly concluded by the Palestine Royal Commission which relied on that
article of the Covenant as the legal basis to justify the partition of Palestine ,
apart from the other reasons it gave. The proof of the applicability of Article
22 to the Jewish people, including not only those in Palestine at the time, but
those who were expected to arrive in large numbers in the future, is found in
the Smuts Resolution, which became Article 22 of the Covenant. It specifically
names Palestine as one of the
countries to which this article would apply. There was no doubt that when
Palestine was named in the context of Article 22, it was linked exclusively to
the Jewish National Home, as set down in the Balfour Declaration, a fact
everyone was aware of at the time, including the representatives of the Arab
national movement, as evidenced by the agreement between Emir Feisal and Dr.
Chaim Weitzman dated January 3, 1919 as well as an important letter sent by the
Emir to future US Supreme Court Justice Felix Frankfurter dated March 3, 1919.
In that letter, Feisal characterized as "moderate and proper" the
Zionist proposals presented by Nahum Sokolov and Weitzman to the Council of Ten
at the Paris Peace Conference on February
27, 1919 , which called for the development of Palestine into a Jewish
commonwealth with extensive boundaries. The argument later made by Arab leaders
that the Balfour Declaration and the Mandate for Palestine were incompatible
with Article 22 of the Covenant is totally undermined by the fact that the
Smuts Resolution - the precursor of Article 22 - specifically included Palestine within
its legal framework.
The San Remo Resolution on Palestine became Article 95 of
the Treaty of Sevres which was intended to end the war with Turkey, but though
this treaty was never ratified by the Turkish National Government of Kemal
Ataturk, the Resolution retained its validity as an independent act of
international law when it was inserted into the Preamble of the Mandate for
Palestine and confirmed by 52 states. The San Remo Resolution is the base
document upon which the Mandate was constructed and to which it had to conform.
It is therefore the pre-eminent foundation document of the State of Israel and
the crowning achievement of pre-state Zionism. It has been accurately described
as the Magna Carta of the Jewish people. It is the best proof that the whole
country of Palestine and the Land of Israel belong exclusively
to the Jewish people under international law.
The Mandate for Palestine implemented both
the Balfour Declaration and Article 22 of the League Covenant, i.e. the San
Remo Resolution. All four of these acts were building blocks in the legal
structure that was created for the purpose of bringing about the establishment
of an independent Jewish state. The Balfour Declaration in essence stated the
principle or object of a Jewish state. The San Remo Resolution gave it the
stamp of international law. The Mandate furnished all the details and means for
the realization of the Jewish state. As noted, Britain 's
chief obligation as Mandatory, Trustee and Tutor was the creation of the
appropriate political, administrative and economic conditions to secure the
Jewish state. All 28 articles of the Mandate were directed to this objective,
including those articles that did not specifically mention the Jewish National
Home. The Mandate created a right of return for the Jewish people to Palestine and the right to
establish settlements on the land throughout the country in order to create the
envisaged Jewish state.
In conferring the Mandate for Palestine on Britain ,
a contractual bond was created between the Principal Allied Powers and Britain ,
the former as Mandatory and the latter as Mandatory. The Principal Allied
Powers designated the Council of the League
of Nations as
the supervisor of the Mandatory to ensure that all the terms of the Mandate
Charter would be strictly observed. The Mandate was drawn up in the form of a
Decision of the League Council confirming the Mandate rather than making it
part of a treaty with Turkey signed
by the High Contracting Parties, as originally contemplated. To ensure
compliance with the Mandate, the Mandatory had to submit an annual report to
the League Council reporting on all its activities and the measures taken
during the preceding year to realize the purpose of the Mandate and for the
fulfillment of its obligations. This also created a contractual relationship
between the League of Nations and Britain .
FRANCO-BRITISH BOUNDARY AGREEMENT (1920)
The Franco-British Boundary Agreement of 1920, properly called the Franco-British Convention on Certain Points Connected with the Mandates for Syria and the Lebanon, Palestine and Mesopotamia, was an agreement signed between the British and French governments in Paris, on 23 December 1920. The agreement contained statements of principle regarding the position and nature of the boundary between the Mandates of Palestine and Mesopotamia, attributed to Great Britain, and the Mandate of Syria and the Lebanon, attributed to France.
The boundary between the forthcoming British and French mandates was defined in broad terms.[1][2] That agreement placed the bulk of the Golan Heights in the French sphere. The treaty also established a joint commission to settle the precise details of the border and mark it on the ground.[1] The commission submitted its final report on 3 February 1922, and it was approved with some caveats by the French and British governments on 7 March 1923, several months before Britain and France assumed their Mandatory responsibilities on 29 September 1923.[3][4]
NOTES
BIBLIOGRAPHY
- Franco-British Convention on Certain Points Connected with the Mandates for Syria and the Lebanon, Palestine and Mesopotamia, signed Dec. 23, 1920. Text available in American Journal of International Law, Vol. 16, No. 3, 1922, 122-126.
- Agreement between His Majesty's Government and the French Government respecting the Boundary Line between Syria and Palestine from the Mediterranean to El Hámmé, Treaty Series No. 13 (1923), Cmd. 1910.
- Gideon Biger (1989), Geographical and other arguments in delimitation in the boundaries of British Palestine, in "International Boundaries and Boundary Conflict Resolution", IBRU Conference, , 41-61.
- John McTague (1982), Anglo-French Negotiations over the Boundaries of Palestine, 1919-1920, Journal of Palestine Studies, Vol. 11, No. 2, 101-112.
- Yitzhak Gil-Har (1993), British commitments to the Arabs and their application to the Palestine-Trans-Jordan boundary: The issue of the Semakh triangle, Middle Eastern Studies, Vol.29, No.4, 690-701.
- Muhsin Yusuf (1991), The Zionists and the process of defining the borders of Palestine, 1915-1923, Journal of South Asian and Middle Eastern Studies, Vol. 15, No. 1, 18-39.
- Gideon Biger (1995), The encyclopedia of international boundaries, New York : Facts on File.
- Gideon Biger (2005), The Boundaries of Modern Palestine, 1840-1947. London: Routledge. .
- US Department of State, International Boundary Study series: Iraq-Jordan, Iraq-Syria, Jordan-Syria, Israel-Lebanon.
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