San Remo Res' 100th!

Ria_Longhorn

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LEGAL RIGHTS AND TITLE OF SOVEREIGNTY OF THE JEWISH PEOPLE TO THE LAND OF ISRAEL AND PALESTINE UNDER INTERNATIONAL LAW
By Howard Grief

"The legal title of the Jewish people to the mandated territory of Palestine in all of its historical parts and dimensions was first acknowledged and recognized under modern international law on April 24, 1920 [at the San Remo Peace Conference]. That is when the Supreme Council of the Principal Allied Powers, consisting of Great Britain, France , Italy and Japan ... decided to approve the Balfour Declaration of November 2, 1917 ... thereby giv[ing] international legal effect to its provisions.

"Thus, until April 24, 1920, Britain's promise [of 'the establishment in Palestine of a national home for the Jewish people'] was not legally binding, but after April 24, 1920 it was. As a direct consequence of this decision, Britain committed herself to establish or more precisely to reconstitute the Jewish National Home in Palestine for an ancient nation most of whose members then lived outside Palestine and only for that specific objective was a mandate then conferred upon it the following day, on April 25, 1920.

"As a direct result of the Allied Supreme Council decision on April 24, 1920, the title of sovereignty over Palestine was exclusively vested in the Jewish people and not in any other nation, state or entity."

Howard Grief, The Legal Foundation and Borders of Israel under International Law, Jerusalem 2008, pp.18,19
 
SAN REMO RESOLUTION

This agreement between post-World War I allied powers (Britain, France, Italy, Japan) was adopted on April 25, 1920 during the San Remo Conference. The Mandate for Palestine was based on this resolution; it incorporated the 1917 Balfour Declaration and the Covenant of the League of Nation's Article 22. Britain was charged with establishing a "national home for the Jewish people" in Palestine. Territorial boundaries were not decided until four years after.

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.

The Mandate Power undertakes to appoint as soon as possible a special Commission to study any questions and claims concerning the different religious communities and to establish their regulation. The composition of this Commission will be taken into account of the religious interests at stake. The President of the Commission will be appointed by the Council of the Society of Nations. [Translated from French original]

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) The agents chosen by the main Allies Powers are: France for Syria, and Great Britain for Mesopotamia, and Palestine. [Translated from French original]

In reference to the above decision the Supreme Council took note of the following reservation of the Italian Delegation:

The Italian Delegation, in consideration of the major economic interests that Italy as an exclusively Mediterranean power possessed in Asia Minor, reserves its approval at the present resolution, until the regulation of Italian interests in Turkey of Asia. [Translated from French original]

 
And the 70th Anniversary of the San Remo Jazz Festival...

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