Part I: Yesha is ours. Important summary of facts and law in support of Israel’s lawful exercise of sovereignty over East Jerusalem, Judea and Samaria.
[WALLACE E BRAND FREQUENTLY COMMENTS ON iSRAPUNDIT.]
At least three nation-states, the UK, the US and Canada allow evidence of legislative purpose to be admitted to show the meaning of a statute that is ambiguous.
What follows is a necessary minimum of that evidence to show the purpose of the Balfour Declaration that was adopted by the WWI Allies at San Remo that established the International Law provided by that Agreement and the British Mandate for Palestine.
It is widely accepted, but not correct, that the West Bank belongs to the local Arabs in Palestine who in 1964, at the suggestion of the Soviet dezinformatsia, decided to call themselves “Palestinians.” [1]
These “invented people” [2] also pretend they had long had a passion for self government. [3] The full extent of Israel’s claim of sovereignty has not recently been stated. At most, it is said by the Israeli government that no one has sovereignty over the West Bank, but that Israel has the better claim. [4]
A better view is that the Jews obtained a beneficial interest in sovereignty over all of Palestine in the 1922 enactment of the British Mandate for Palestine, that entrusted exclusive political or national rights in Palestine to Britain in trust for the benefit of the Jews that later matured into a legal interest on the abandonment of the trusteeship by Britain and the attainment of the Jews of a majority population.
The trusts or guardianships were to be called “mandates”.
It was in 1919 that Jan Smuts submitted a memorandum to the League, which later became Article 22. The Council of Ten drafted for the League of Nations as Part I of the Treaty of Versailles [5], an Article 22 providing for trusts and guardianships for the areas in The Middle East and North Africa captured by the WWI Allies from the Ottoman Empire. This concept was later applied to other areas. Article 22’s first two paragraphs provided a reasonably clear showing that a mandate was based on the longstanding British legal concepts of trusts and guardianships.
In 1917, in advance of the end of WWI, the British had drafted and published a policy for the disposition of the captured Ottoman lands in Palestine. [6] Britain and France were at that time following the “secret’ Sykes-Picot Agreement in their disposition of Ottoman Lands. But in recognition of the historic association of the Jews with Palestine, the Balfour Declaration, a British Policy approved it its Cabinet, provided for exclusive political or national rights in Palestine to be granted to the Jews.
The 1920 agreement of the WWI Allies at San Remo, on the terms of the Mandate turned what had been only a British Policy approved by the Cabinet, into International Law. Under Article 22 of the League of Nations Covenant, the rights were to be provided in trust, [7].
We know this because the Balfour policy had been attacked as antidemocratic, as giving sovereignty to the Jewish people who constituted only 60,000 of the total population of 600,000 in Palestine as of 1917.
In Jerusalem, the Jews had had a plurality of the population since 1845 and a majority since 1863, but in all of Palestine, in 1917 they constituted only 10% of the population. Even US President Woodrow Wilson was advancing that argument that award of sovereignty to a minority population was inconsistent with his 14 points that provided, among other things, for majority control.
I appreciate the quality of your scholarship and the quality of your exposition. Well done.