Turning point (in law for the Jewish State) came in the 1918 Paris Peace Conference

Turning point (in law for the Jewish State) came in the 1918 Paris Peace Conference at the Quai D’Orsay.

Parties claimed their territorial rights – Jews under Wiezman and Arabs under Faisal. On January 3, 1919 there was an agreement signed by King Faisal and Chaim Weizmann which is valid today.

They were in agreement that the two movements complete one another – the Jewish movement is national; not imperialist. There is room for us both.

The Arabs want a large independent state; not a group of little ones. Realising they were asking so much they needed the support of the Zionists.

There was no Palestinian delegation – no Palestinian people – only Arabs. (never united – warring tribes and clans)

The Allied Powers were meeting to decide the states that would exist after the war. Five men – Wilson -USA, Lloyd George - Britain, Orlando - Italy, Clemenceau - France, and Japan. 1919

Jews needed a nation to support them until a state could be set up – until sufficient immigration had taken place.

As in a court, parties brought statements of claim. Until a claim is accepted by a group that has the power of disposition, you have nothing.

This body had that power and the Jews were asking to reconstitute their state based on historic title. Asking to be recognized as a people and then asking for Jerusalem and Israel to be recognized.

ARTICLE 22 OF THE COVENANT OF THE LEAGUE OF NATIONS
To those colonies and territories which as a consequence of the later war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by people not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilisation and that securities for the performance of this trust should be embodied in this Covenant.
The best method of giving practical effect to this principle is that the tutelage of such peoples should be entrusted to advanced nations who by reason of their resources their experience or their geographical position can best undertake this responsibility, and who are willing to accept it, and that this tutelage should be exercised by them as Mandatories on behalf of the League.

In Article 22 of the League of Nations we see the principle of sacred trustee nations to take over for somebody else the territory left over from war.

The Sacred Trust of Civilisation is still in effect and binding; it still calls on nations to look after the Jewish people.

The Jews left Paris without any decision having been made. The conference was to reconvene to deliberate, having heard the Zionist and Arab cases.

1920 The process reconvened on April 25, 1920,at VILLA DeVACHAN, San Remo where decisions were made. There followed the Treaty of Serves (10 August 1920) that was the peace treaty between the Ottoman Empire and Allies at the end of World War I.

MEETING MINUTES OF THE SUPREME COUNCIL OF THE PRINCIPAL ALLIED POWERS, SAN REMO AT THE VILLA DeVACHAN, APRIL 25, 1920
"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 said Powers.
The Mandatory will be responsible for putting into effect the declaration originally made on the 8th [2nd] November, 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 the Jews in any other country."

Arabs were given territory – Mesopotamia to become Iraq, Syria and Lebanon. Four Mandates were established; British Mandate for Mesopotamia - creating Iraq, French Mandate for Lebanon, French Mandate for Syria and British Mandate for Palestine. The first three appear to have been forgotten!

Map showing the territory mandated by the League of Nations at San Remo. The map shows the British, French and Russian mandates from which several modern states were created, including Israel, from the old Ottoman Empire after WW1.

Jews were to be provided for by honouring the commitments of the Balfour Declaration. (it was not previously a document with legal status but this decision made it legal)

San Remo has become undervalued, but Weizman rated it to be the most important thing since the Exiles.

Presumably the same conditions about the rights of other faiths within the land were applied to the other mandates [ French & British] for Arab nations – but these nations did not honour them and dispossessed the Jews and expelled them.

Israel did not expel Arabs (as is often claimed) – Arab leaders ordered their people out (1948) before attacking Israel to destroy the new state.

THE INTERNATIONAL LAW IMPLICATIONS OF THE SAN REMO DECISIONS PERTAINING TO PALESTINE
Chaim Weitzman, who was in San Remo believed that the decisions of the Supreme Council in San Remo had introduced rights under international law for the Jewish people:
The San Remo decision has come. That recognition of our rights in Palestine is embodied in the Treaty with Turkey. (Treaty of Sevres), and has become part of International Law, this is the most momentous political event in the whole history of our movement (Zionist movement), and, it is perhaps, no exaggeration to say in the whole history of our people since the Exiles.
As a result of the declaration of the Supreme Council in San Remo, the claim of the Zionist Organisation which, prior to the Conference, was a non-legal claim (essentially an historic claim), evolved into a legal claim which was consolidated later by the approval of the Mandate of Palestine by the Council of the League of Nations.

1921 Churchill agreed to partition Palestine and give 72% to Arab, Hashemites. (Transjordan)

Today the Jews are fighting to retain their 28%, but the leaders of Jordan agreed to the deal; The Arab part of the deal was to support the creation of the Jewish state in West Palestine.

Nothing since San Remo has taken away the rights and responsibilities decided there.

ARTICLE 2 OF THE MANDATE FOR PALESTINE
"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 or religion".

1924 - The dissolution of the League of Nations did not change anything since it was only there to supervise rights already given.

When the United Nations was set up, its Charter (signed by all the nations), in Article 80, specified, “Nothing in any manner is to change the rights already given to any peoples.”

1947 – the Resolution of the General Assembly – the Partition Plan - was not binding. It was accepted by the Jews but rejected by the Arabs. Had both sides accepted it in a treaty it would have become a legal position.

1950, 1955 and 1966 decisions by the International Court of Justice made it clear that the dissolution of the League of Nations did not take away from rights given under these Mandates.

The Jewish people have never renounced their rights to the Old City or any part of Jerusalem; never abandoned title or sovereignty.

Present day politicians are opposing the title of Israel by going against these requirements in terms like the Principle of Self Determination. But you can not retroactively apply legal principles.

Jews have the LEGAL right to remain in Mandated Territory.

Jews have the right to give up what is theirs but they cannot be pushed out.

Nations have renaged on obligations they embraced under the League of Nations in 1922.