P F Tinmore
Diamond Member
- Dec 6, 2009
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Your facts seem to be basically correct. However, you draw your conclusions be looking at the facts through Israel colored glasses.P F Tinmore, et al,
So you say. In 1918, the Ottoman Empire unconditionally surrendered to the Allied Powers.
(COMMENT)Rocco, you keep dancing around the most important facts.
The demise of the Ottoman Empire, in fact, 'resolved' the Eastern question. Yet while Britain and France inherited the political controls they significantly did not annex Near and Middle East territory outright.
The establishment of a national home for an alien people in that country was a violation of the legitimate and fundamental rights of the inhabitants. The League of Nations did not possess the power, any more than the British Government did, to dispose of Palestine, or to grant to the Jews any political or territorial rights in that country. - See more at: The Origins and Evolution of the Palestine Problem - CEIRPP DPR study part I 1917-1947 30 June 1978
The right to territorial integrity, mentioned as a pre-existing Palestinian right in subsequent UN resolutions, was already implied in post WWI treaties. There are several other laws that back up the right to territorial integrity.
You yourself stated previously that the land was not up for grabs. You did not mention, however, whose land was not up for grabs.
There is some confusion here. The Allied Powers --- victorious over the Central Powers --- assumed control over the captured and occupied territory in question. This is FACT --- no tap dancing and no word smithing: the Allied Powers established the Enemy Occupied Territory Administration (Middle East)(EOTA) in June 1918 extending Allied authority nearly everywhere in the Middle East. What little that remained under the control of the Central Powers and the Ottoman Empire was demilitarized and demobilized with the signing the Unconditional Surrender (Armistice of Mudros) in October 1918.
No authority or rights of sovereignty went to any Arab entity. In 1918, there were no rights to "territorial integrity!" A country either had control or did not have control. There was no "right to territorial integrity" and there were no UN resolutions that imply (in 1918) any such notion because their was no UN; in fact --- at the time the Ottoman Empire surrendered (30 October 1918), there was no League of Nations until 1919:
Even the universe has a point of origin. What is the "point of origin" for this "pre-existing Palestinian right to territorial integrity?"
- 04/28/1919
League of Nations covenant - Peace Treaty of Versailles, Peace Conference![]()
- Provisional Recognition to Certain Communities
- Administrative advice and assistance by a Mandatory until such time as they are able to stand alone.
For as long as there have been countries and leaders of cultures and countries, there has been this concept of "territorial integrity." Today, we have the concept of humanitarian intervention under Article 73.b of the United Nations Charter "to develop self-government, to take due account of the political aspirations of the peoples." The contemporary or more modern idea of "territorial integrity" began in 1648 with the Peace of Westphalia (composed of the: Treaty of Münster --- and --- Treaty of Osnabrück). which marked the end of the 30 Years War. In this sense (and particularly relevant to the "Question of Palestine") is the idea that saw the fall of Empires and the end to "nations as the personal possession" of their monarchs and the beginning of respect for the "territorial integrity of other nations." It is even more important to understand that Westphalia Peace DID NOT see an end to imperial expansion or the development of the complex Hegemonies; especially since the European nations applied one rule to themselves and another to the peoples whom they encountered outside of Europe over which they spread their imperial umbrella or the parasol of their Hegemony.
The three basic principles of the Westphalia System (a pure West Powers concept) ---- and ---- the original concept behind the right of self-determination were:
Neither of the dual component treaties of the Westphalia Compact even approach the idea of sovereignty as a "right" --- but rather as an outcome. Even through the very last decade of the 20th Century, the political position of the NATO Alliance wast that "humanity and democracy [were] two principles essentially irrelevant to the original Westphalian order." (NATO Secretary General Javier Solana, 1998) At the opening of the 21st Century, the Westphalia Compact (again the pre-existing right of which you speak) was summarized as "obsolete." "The core of the concept of Europe after 1945 was and still is a rejection of the European balance-of-power principle and the hegemonic ambitions of individual states that had emerged following the Peace of Westphalia in 1648, a rejection which took the form of closer meshing of vital interests and the transfer of nation-state sovereign rights to supranational European institutions." (German Foreign Minister Joschka Fischer, Humboldt Speech 2000)
- The principle of the sovereignty of states and the fundamental right of political self determination.
- The principle of (legal) equality between states.
- The principle of non-intervention of one state in the internal affairs of another state.
To go back to your original implication that the Mandatory did NOT have the authority to partition and make sovereign the territory of Palestine, as determined by the original Allied Powers, is incredibly off the track. Neither the Independence of Jordan (1946) nor the Partition Plan of the remainder (1947) were outside 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 (in this case the successor the UN), or outside the intent defined by the Council of the League of Nations (in this case the successor the UN). The 1946 recognition by the UK of the Sovereignty of Jordan was well within the the Article 22 parameters of a Certain Communities" and the recognition of such a community to stand alone. The 1947 Partition Plan was not a solution developed by the Mandatory, but a solution developed by the General Assembly (the successor to the League of Nations). The Arabs of the region to which the Mandate applied, have not evidence to support the claim that they have some pre-existing right to sovereignty over the entirety of the landscape. They have only the right to self determination over the landscape which they can control (which is almost nothing).
REMEMBER: The backbone behind the Westphalia System, the League of Nations Covenant, the UN Charter, and the regional treaties is the establishment of peace and security. Absent any support by the Hostile Arab Palestinians to achieve that objective (Regional Peace and Mutual Security) there exists no reason for other nations to go to war to support a failed state (Islamic Resistance Jihadist and Fedayeen of Palestine) over a prosperous and economically developing state (Establish Jewish State of Israel).
Whether you state at the turn of the 20th Century, or the turn of the 21st Century, the incitement to violence was then and is now the Hostile Arab Palestinian that is parasitic to the region. They have not demonstrated their ability to --- at any time --- they are able to stand alone. And original Article 22 requirement for indiependence. And the very last thing the region needs is another unrestricted failed state of radical Islamist running loose.
Most Respectfully,
R
They did (Britain and the LoN) "occupy" and "control" the territories but they never annexed those territories. The territories were held in trust for the people until they could stand alone.