P F Tinmore, Phoenall,
Your logic is sound and valid to a point. But you do not carry it to a conclusion.
I have that is why I asked. It didn't say what you said.
But the LoN mandate of Palestine does, and you deny that this exists even when given valid links to it. WHY IS THIS ?
Quote the part that says that Palestinian land was given to the Jews?
Like this
Delineating the final geographical area of Palestine designated for the Jewish National Home on September 16, 1922, as described by the Mandatory:
Are you now going to deny the actual words of the INTERNATIONAL LAW because you want to deny the Jews the same rights as the arab muslims ?
OK, but the "Jewish National Home" was not a land transfer. It was for Jews to get Palestinian citizenship. And like all other Palestinians, they would be allowed to live anywhere in Palestine.
(COMMENT)
You keep saying that the "Right of Self-Determination" is inalienable. So even if your assumption that a Jewish National Home was a component of a (non-existent Article 22 Arab leadership) "Palestine" --- it would not preclude the Jewish National Home and its constituents from exercising the "Right of Self-Determination!"
But let their be no mistake. The Mandate Territories of the Middle East (all of them) were transferred to the Allied Powers all titles and rights to the entire area, in the Treaty of Lausanne (Article 16). All the Treaty of Lausanne afforded the Arabs is the assurance that they would not be "stateless." But the future of the territories were in the hands of the Allied Powers.
The issue of citizenship for the Jewish People traveling to the territory was never an issue. It was decided in the San Remo Agreement and then articulation in the Mandate, how that would be accomplished. The Order in Council (Given Authority by the Allied Powers) and the Mandate, were the vehicles by which issues and decisions were documented. The League Covenant was NOT a Barrier or Limitation to the authority of the Allied Powers.
(CONTEMPORARY VIEW)
As it turned-out, the three principle documents (not including the UN Charter) that gave legitimacy to the modern state of Israel today were:
• San Remo Resolution of April 25, 1920,
• Mandate for Palestine conferred on Britain by the Allied Powers and confirmed by the League of Nations on July 24, 1922,
• Franco-British Boundary Convention of December 23, 1920.
The territorial and habitual residents of the territory in question were not (repeat not) a signatory any of these decisive documents. At the time of the San Remo Agreement, the territory in question was was under the effective control of the Enemy Occupied Territory Administration as "Enemy Territory."
Whether we can look back nearly a century ago and determine if the word “home”
(in the phrase Jewish National Home) (as used in the Balfour Declaration and subsequently in the San Remo Resolution) was simply a euphemism for "state" is irrelevant and overtaken by events.
Just as today, the Israelis cannot claim that it was an illegal abrogation of Jewish legal rights and title of sovereignty to the whole of Palestine and the Land of Israel, so it is similar that the Arabs had on claim to the legal rights and title of sovereignty to the whole of Palestine. It was an issue and political question for the Allied Powers to resolve
(as holders of the title and rights to the territory).
It should be noted and understood that it was the "ALLIED POWERS" that designated the Council of the League of Nations as the supervisor of the Mandatory and not the other way around.
The authority for Israel declaring independence comes from two sources: Chapter 1 of the UN Charter and inherent right of all people to self-determination.
No matter the claim by the Arab Palestinian or the external Area League aggressors attempting to prevent the Israeli right to self-determination from becoming a reality, the Israeli right of self-determination was as strong as any claim against them. And the Israeli successfully defended that right.
The validity of that right was born out by the lack of performance in development by any of the Area League Aggressors that choose Jihad over Peace; and the lack of political stability by and of the immediate Arab Neighbors. Palestinians that base their existence of generation promotion of jihad, are not inherently peaceful people.
GLOSSARY OF TERMS:
DEFINITION OF PRINCIPAL TERMS IN INTERNATIONAL RELATIONS
1, State: a large social system with a set of rules that are enforced by a permanent administrative body (government). That body claims and tries to enforce sovereignty. That is, the state claims to be the
highest source of decision-making of the social system within its jurisdiction, and it rejects outside interference in making or enforcing its set of rules. The many smaller systems within the state are not
sovereign, nor are large international organizations like the United Nations, since states routinely reject their authority. The state is a political concept that refers to the exercise of power or the ability to make and enforce rules.
2. Sovereign: ultimate power to control people and events within the area of the state.
3. Nation: a group of individuals who feel that they have so much in common (interests, habits, ways of thinking, and the like) that they should all become a particular state. Unlike the term state, the term
nation refers to the subjective feelings of its people. By this definition almost all the present nations would like to become nation-states, but many nations are actually parts of other states, and many states are not nation-states. On the whole, nation-states can count on much greater loyalty from their citizens than states that contain many nations, and this gives them greater strength in their inter-national dealings. (As you can see, the term “international” should really be “interstate”).
4. Society: the population controlled by a state, or the population that forms a nation, or both. Some societies are territorially limited to a single geographical area and a single state while others are not.
5. Country: a well-defined geographical area. The term simply refers to a spatial concept.
Most Respectfully,
R