Wednesday, July 1, 2015
The Franco-British Boundary Convention
The Franco-British Boundary Convention
The San Remo Resolution (April 24-25, 1920) stipulated that the borders of the Jewish National Home in Palestine should be determined by the Principal Allied Powers. On December 6, 1920 Britain and France signed a treaty delineating the borders of the territory that would be placed under the Mandates System.
The territory included in the 1920 convention included most of the land that had been under Jewish rule during Biblical times. However, there were some modifications. It was realized that much of the territory north of the Golan Heights was supposed to be part of the Syrian Mandate (see the Adam Smith map of the Kingdoms of David and Solomon). As a result, the Jewish National Home was given extra land in what today is eastern Jordan.
The Convention involved bitter negotiations. The French were opposed to giving up control of the Roman Catholic sites in Palestine. The Turks who ruled in Palestine for the four-hundred years prior to World War I did limited access to the sites. In the end, the British had guaranteed they would protect access of Catholics to their religious sites.
Additionally, the British gave the French administered mandates large amounts of land that were supposed to be included in the Jewish National Home. The land in the Upper Galilee, from what today is the Israel/Lebanon border extending north to the Litani River bend as well as the central Golan Heights was removed from the demarcated borders of Palestine.
…to postpone or withhold application of such provisions of this mandate
According to Article 25 of the Mandate for Palestine, the Mandatory (His Britannic Majesty) had the right to separate the administration of the Mandate in Trans-Jordan from the rest of the Palestine territory. This had to be done with the approval of the League of Nations:
"In the territories lying 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."
The wording, "postpone or withhold application of such provisions of this mandate as he may consider inapplicable to the existing local conditions is by the nature of the wording a temporary action. That action was only valid until there was a change in the conditions leading to that decision. It did not authorize the British to permanently cut off portions of the land and turn it over to a foreign people.
Furthermore, according to Article 25, the postponement or withholding of the application of the Mandate in Trans-Jordan could not be inconsistent with Article 15 of the Mandate for Palestine which states:
"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 British "White Papers policies, which prohibited Jewish settlement East of the Jordan, while allowing a foreign group of Arabs (the Hashemites) to settle and eventually be given all of Trans-Jordan, was in clear violation of Article 15, as well as Article 5 of the Mandate which stated 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.
The full text of Articles 5, 15, and 25:
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 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.
ARTICLE 25. In the territories lying 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.
Links to resources:
Anglo-American Treaty
Balfour Declaration
Mandate for Palestine
Dec. 1920 Franco-British Boundary Convention Map (Mandate for Palestine Map)
Deliberations of the House of Representatives, June 30, 1922 House Resolution 360 (Rept. NO. 1172)
Lodge-Fish Resolution (Joint Congressional Resolution 360)
San Remo Resolution
Adam Smith Map of the Kingdom of David and Solomon (the basis for the legal borders of the Jewish National Home)
The San Remo Resolution
(April 25, 1920)
It was agreed -
(a) To accept the terms of the Mandates Article as given below with reference to Palestine, on the understanding that there was inserted in the proces-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; this undertaking not to refer to the question of the religious protectorate of France, which had been settled earlier in the previous afternoon by the undertaking given by the French Government that they recognized this protectorate as being at an end.
(b) that the terms of the Mandates Article should be as follows:
The High Contracting Parties agree that Syria and Mesopotamia shall, in accordance with the fourth paragraph of Article 22, Part I (Covenant of the League of Nations), be provisionally recognized as independent States, subject to the rendering of administrative advice and assistance by a mandatory until such time as they are able to stand alone. The boundaries of the said States will be determined, and the selection of the Mandatories made, by the Principal Allied Powers.
The High Contracting Parties agree to entrust, by application of the provisions of Article 22, the administration of Palestine, within such boundaries as may be determined by the Principal Allied Powers, to a Mandatory, to be selected by the said Powers. The Mandatory will be responsible for putting into effect the declaration originally made on November 8, 1917, by the British Government, and adopted by the other Allied Powers, in favour of the establishment in Palestine of a national home for the Jewish people, 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.
La Puissance mandataire s'engage a nommer dans le plus bref delai une Commission speciale pour etudier toute question et toute reclamation concernant les differentes communautes religieuses et en etablir le reglement. Il sera tenu compte dans la composition de cette Commission des interets religieux en jeu. Le President de la Commission sera nomme par le Conseil de la Societe des Nations.
The terms of the mandates in respect of the above territories will be formulated by the Principal Allied Powers and submitted to the Council of the League of Nations for approval.
Turkey hereby undertakes, in accordance with the provisions of Article [132 of the Treaty of Sevres] to accept any decisions which may be taken in this connection.
(c) Les mandataires choisis par les principales Puissances allies sont: la France pour la Syrie, et la Grand Bretagne pour la Mesopotamie, et la Palestine.
In reference to the above decision the Supreme Council took note of the following reservation of the Italian Delegation:
La Delegation Italienne en consideration des grands interets economiques que l'Italie en tant que puissance exclusivement mediterraneenne possede en Asie Mineure, reserve son approbation a la presente resolution, jusqu'au reglement des interets italiens en Turquie d'Asia.
The Anglo American Treaty of 1924
44 Stat.2184; Treaty Series 728
WHEREAS by the Treaty of Peace concluded with the Allied Powers, Turkey renounces all her rights and titles over Palestine; and
Whereas article 22 of the Covenant of the League of Nations in the Treaty of Versailles provides that in the case of certain territories which, as a consequence of the late war, ceased to be under the sovereignty of the States which formerly governed them, mandates should be issued, and that the terms of the mandate should be explicitly defined in each case by the Council of the League; and
Whereas the Principal Allied Powers have agreed to entrust the Mandate for Palestine to His Britannic Majesty; and
Whereas the terms of the said mandate have been defined by the Council of the League of Nations, as follows:
"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 favor 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 connection 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 recognised as a public body for the purpose of advising and co-operating 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 recognised as such agency. It shall take steps in consultation with His Britannic Majesty's Government to secure the co-operation 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 cooperation 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 the 1st August, 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 Wakfs 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 utilised by it for the benefit of the country in a manner approved by the Administration.
"Article12
"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 connection 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 organise 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 19
"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 navigation and postal, telegraphic and wireless communication 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 nationals of all States Members of the League of Nations.
"(1)
"'Antiquity means any construction or any product of human activity earlier than the year A.D.
"(2)
"The law for the protection of antiquities shall proceed by encouragement rather than by threat.
"Any person who, having discovered an antiquity without being furnished with the authorization referred to in paragraph 5, reports the same to an official of the competent Department, shall be rewarded according to the value of the discovery.
"(3)
"No antiquity may be disposed of except to the competent Department, unless this Department renounces the acquisition of any such antiquity.
"No antiquity may leave the country without an export licence from the said Department.
"(4)
"Any person who maliciously or negligently destroys or damages an antiquity shall be liable to a penalty to be fixed.
"(5)
"No clearing of ground or digging with the object of finding antiquities shall be permitted, under penalty of fine, except to persons authorised by the competent Department.
"(6)
"Equitable terms shall be fixed for expropriation, temporary or permanent, of lands which might be of historical or archaeological interest.
"(7)
"Authorization to excavate shall only be granted to persons who show sufficient guarantees of archaeological experience. The Administration of Palestine shall not, in granting these authorizations, act in such a way as to exclude scholars of any nation without good grounds.
"(8)
"The proceeds of excavations may be divided between the excavator and the competent Department in a proportion fixed by that Department. If division seems impossible for scientific reasons, the excavator shall receive a fair indemnity in lieu of a part of the find.
"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 recognise the holy days of the respective communities in Palestine as legal days of rest for the members of such communities.
The Mandate for Palestine
(July 24, 1922)
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 favor 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 nonJewish 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 connection 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 selfgoverning 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 recognised 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 recognised 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 cooperation 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 reestablishment, or shall have agreed to their nonapplication for a specified period, these privileges and immunities shall, at the expiration of the mandate, be immediately reestablished 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 Wakfs 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 utilised 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 connection 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 organise 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 19. 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 navigation and postal, telegraphic and wireless communication or literary, artistic or industrial property.
ARTICLE 20. The Mandatory shall cooperate 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 nationals of all States Members of the League of Nations.
(1) "Antiquity" means any construction or any product of human activity earlier than the year 1700 A. D.
(2) The law for the protection of antiquities shall proceed by encouragement rather than by threat.
Any person who, having discovered an antiquity without being furnished with the authorization referred to in paragraph 5, reports the same to an official of the competent Department, shall be rewarded according to the value of the discovery.
(3) No antiquity may be disposed of except to the competent Department, unless this Department renounces the acquisition of any such antiquity.
No antiquity may leave the country without an export licence from the said Department.
(4) Any person who maliciously or negligently destroys or damages an antiquity shall be liable to a penalty to be fixed.
(5) No clearing of ground or digging with the object of finding antiquities shall be permitted, under penalty of fine, except to persons authorised by the competent Department.
(6) Equitable terms shall be fixed for expropriation, temporary or permanent, of lands which might be of historical or archaeological interest.
(7) Authorization to excavate shall only be granted to persons who show sufficient guarantees of archaeological experience. The Administration of Palestine shall not, in granting these authorizations, act in such a way as to exclude scholars of any nation without good grounds.
(8) The proceeds of excavations may be divided between the excavator and the competent Department in a proportion fixed by that Department. If division seems impossible for scientific reasons, the excavator shall receive a fair indemnity in lieu of a part of the find.
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 recognise 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 lying 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.
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George Adam Smith, Atlas of the Historical Geography of the Holy Land
ReplyDeleteDavid Lloyd George was the British Prime Minister from December 7, 1916-October 22.
It was during Lloyd George's time in office that the British conquered Palestine, the Balfour Declaration was adopted, and the Peace conferences that concluded with the Mandate for Palestine being accepted by the British all took place.
Lloyd George had often cited the works of a Scottish Biblical scholar named George Adam Smith as the authority on the ancient Holy Land. It was Smith's maps that were to be used in determining the borders of Jewish Palestine. The two maps below are maps that detail Jewish rule during the times of the Jewish Monarchs and the Second Temple Period.
For more information about George Adam Smith and his maps being used to determine the borders of the Jewish National Home, see the article below the maps.
Smith's maps are available as a PDF online
George Adam Smith, Atlas of the Historical Geography of the Holy Land
ReplyDeleteDavid Lloyd George was the British Prime Minister from December 7, 1916-October 22.
It was during Lloyd George's time in office that the British conquered Palestine, the Balfour Declaration was adopted, and the Peace conferences that concluded with the Mandate for Palestine being accepted by the British all took place.
Lloyd George had often cited the works of a Scottish Biblical scholar named George Adam Smith as the authority on the ancient Holy Land. It was Smith's maps that were to be used in determining the borders of Jewish Palestine. The two maps below are maps that detail Jewish rule during the times of the Jewish Monarchs and the Second Temple Period.
For more information about George Adam Smith and his maps being used to determine the borders of the Jewish National Home, see the article below the maps.
Smith's maps are available as a PDF online
From The Legal Foundation and Boreders of Israel under International Law, by Howard Grief, (Mazo Publishers, 2008) pp.31-33
ReplyDeleteThe San Remo Conference
On the question of boundaries, (French diplomat) Philippe Berthelot outlined the French position for the northern, eastern and southern frontiers of Syria. As regards Palestine, he said her frontiers would conform to the definition advocated by (British Prime Minister) Lloyd George, who favoured the ancient boundaries of Dan and Beersheba, as previously discussed at the first London Conference of February 1920. This Biblical formula was based on the historical connection of the Jewish People with the entire Land of Israel and was not to be construed literally from Dan to Beersheba, but rather referred in effect to those areas of the Promise Land that had been conquered, settled and ruled by the Twelve Tribes of Israel and their descendants, in both the First and Second Temple periods.1.
…In his remarks, Lloyd George recalled that former French Prime Minister Georges Clemenceau, when he was in London on December 1, 1918, had agreed to his suggestion that the limits of Palestine should be fixed by the ancient towns of Dan and Beersheba…Lloyd George relied on a book written by the Scottish Biblical scholar Rev. George Adam Smith, which he regarded as the ablest book on Palestine ever written..2.
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1. The minutes of the San Remo Peace Conference drawn up at the session held on April 25, 1920 make it clear that this is what Lloyd George actually meant when he defined Palestine according to the biblical formula "Dan to Beersheba, as appears from his documented reliance on George Adam Smith’s scholarly works to determine the exact territorial extent of ancient Israelite habitation and rule. He included in Palestine all the land historically settled or occupied by Jews in the First and Second Temple Periods. This is confirmed by the third recital in the Preamble of the Mandate, which refers to the historical connection of the Jewish people with Palestine and is further evidenced by Colonel Richard Meinertzhagen who recalled, in his book, the statement made by Lloyd George in Paris in 1919 regarding the true meaning of "Palestine": "The area occupied by the twelve tribes of Israel, from Dan to Beersheba. Middle east Diary, Thomas Yoseloff, Publisher, New York, p.355
2. George Adam Smith was an ordained Scottish minister and scholar of the Bible, as well as the principal of the University of Aberdeen (1909-35). He wrote a book about the topography, economics and history of Jerusalem from the earliest times to 70 A.D. (CE) and several commentaries on books of the Bible. His main works which the British consulted for determining Palestine’s borders and which won high praise from Lloyd George were The Historical Geography of the Holy Land which appeared in 25 editions beginning in 1894, followed by the publication of the Atlas of the Historical Geography of the Holy Land in 1915. These books were the outcome of detailed observation and investigation made in Palestine. They also proved invaluable to General Edwin Allenby in the Palestine campaign in World War I …