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Kenneth
There is no mention of a Jewish State in the League of Nations Mandate over Palestine (in particular see Article 7)
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
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 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.
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.
This is re-iterated in the British White Paper (1922)
British White Paper (1922) ” It is also necessary to point out that the Zionist Commission in Palestine, now termed the Palestine Zionist Executive, has not desired to possess, and does not possess, any share in the general administration of the country. Nor does the special position assigned to the Zionist Organization in Article IV of the Draft Mandate for Palestine imply any such functions. That special position relates to the measures to be taken in Palestine affecting the Jewish population, and contemplates that the organization may assist in the general development of the country, but does not entitle it to share in any degree in its government.
Further, it is contemplated that the status of all citizens of Palestine in the eyes of the law shall be Palestinian, and it has never been intended that they, or any section of them, should possess any other juridical status. So far as the Jewish population of Palestine are concerned it appears that some among them are apprehensive that His Majesty’s Government may depart from the policy embodied in the Declaration of 1917. It is necessary, therefore, once more to affirm that these fears are unfounded, and that that Declaration, re affirmed by the Conference of the Principle Allied Powers at San Remo and again in the Treaty of Sevres, is not susceptible of change. “
Re-iterated again in the British White Paper (1939)
British White Paper (1939)
His Majesty’s Government are unable at present to foresee the exact constitutional forms which government in Palestine will eventually take, but their objective is self government, and they desire to see established ultimately an independent Palestine State. It should be a State in which the two peoples in Palestine, Arabs and Jews, share authority in government in such a way that the essential interests of each are shared.
18 minutes ago · Delete Post
Kenneth Hammond
ISRAEL’S DECLARATION OF SOVEREIGNTY: Supersedes all prior promises, declarations, resolutions. On the 14th May 1948, Israel became a Sovereign State within the borders proposed by UNGA Res 181. They were accepted by the Peoples Council, in order that the new Jewish State be recognized as a Sovereign State. Resolution 181 is enshrined in the Declaration of a Jewish State. Letter From the Agent of the Provisional Government of Israel to the President of the United States, May 15, 1948 “MY DEAR MR. PRESIDENT: I have the honor to notify you that the state of Israel has been proclaimed as an independent republic within frontiers approved by the General Assembly of the United Nations in its Resolution of November 29, 1947, and that a provisional government has been charged to assume the rights and duties of government for preserving law and order within the boundaries of Israel, for defending the state against external aggression, and for discharging the obligations of Israel to the other nations of the world in accordance with international law. The Act of Independence will become effective at one minute after six o’clock on the evening of 14 May 1948, Washington time.”San Remo etc, while making interesting reading, are irrelevant historical documents, in determining Israel's borders, as all have been superseded by Israel's declaration of Sovereignty over its borders outlined in UNGA 181.
7 minutes ago · Edit Post · Delete Post
Kenneth Hammond
A Sovereign State controls all it’s territories and must have delineated borders in order to indicate exactly what it controls. It can do whatever it likes within it’s borders. It cannot acquire territory through unilateral annexation. Under Customary International Law since at least the mid 1800′s is by legal annexation (see the US annexation of Texas). Legal annexation requires a referendum of the citizens in the territory to be annexed. A Sovereign State acting outside the extent of it’s Sovereign borders, may only do so in accordance with International Law, the Laws of War, Humanitarian Law, (all mandatory, without exception) and if it is a UN Member, according to the UN Charter and any Conventions it has ratified (Contracting Power) and/or anything it has committed itself to uphold. E.g., Israel obliged itself to the principles of the UN Charter before it became a UN Member state. (see Declaration)
A State on the other hand, might not control all of it’s territories. It’s territories might/may be under the control or administration or protected by another party by agreement or treaty. It cannot acquire territory through unilateral annexation. Legal annexation is by agreement or treaty with the other entity. A state acting outside the extent of it’s borders, may only do so in accordance with International Law, the Laws of War, Humanitarian Law, (all mandatory, without exception) and if it is a UN Member, according to the UN Charter and any Conventions it has ratified (Contracting Power) and/or anything it has committed itself to uphold.
An Entity might/may exist independently or under the control or administration of another party or group of parties. This might/may be under agreement or occupation. Under an agreement, it becomes a protectorate or is under the UN Charter for Trustees. An entity under occupation is protected by the UN Charter Chapter XI. Any entity may under take to adhere to International Law, the Laws of War, Humanitarian Law and/or the principles of the UN Charter.
In respect to the Geneva Conventions, if an entity is a protectorate or under a trusteeship or being represented (e.g., the Arab States represented Palestine), the protector or trustee/s are the High Contracting Power under which the Geneva Conventions apply. Prior to the Geneva Conventions coming into force, they were still bound by Customary International Law, the Laws of War and where applicable, the UN Charter.
Despite some Palestinians not having deeds for ‘real estate’ under the British Mandate over Palestine, the territory was theirs as much as it was anyone else living in it. Despite there being Jewish ‘real estate’ ownership in Palestine under the British Mandate over Palestine, the Jewish private, corporate and institutional ‘real estate’ ownership did not confer Sovereignty over territory.
The extent of the Sovereign territory of the Jewish state, was given to the Jewish people of the world, completely gratis, without the consultation of the local population of the territory of British Mandate Palestine. From the moment Israel Declared Sovereignty, the private, corporate and institutional owned ‘real estate’ outside of Israel’s Sovereign borders was by default not a part of Israel.
Israel’s Sovereignty over the extent of it’s Declared boundaries/frontiers was given de jure recognition I.e., recognition of the State of Israel. The provisional Government was given de facto recognition because it was only a provisional government. The US granted Israel’s first elected Government de jure recognition on the 31st Jan 1949.
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