The Forgotten Legitimacy of Israel
Tuesday, 22 February 2011 by Barry Shaw
This is an excerpt from The View from Israel (with Mr. Shaw's permission) Please read the entire blog for an in depth understanding~HERE
In an era in which the main battlefield against Israel is the campaign to delegitimize the very existence of the Jewish state, it is of vital importance to challenge the false narratives that are being thrown into the public discourse and gradually being accepted, not by governments, but by a wider audience.
The narrative tells of a dispossessed Palestine whose rights have been usurped by colonial invaders who have conquered their land through the Zionist enterprise. They are, it is claimed, made to suffer by the imposition of a European Holocaust which has left them paying the price. Driven out of their land by Jewish interlopers the remnants have been occupied and oppressed by a brutal ‘Nazi’-like regime.
That, in a nutshell, is the Palestinian case that has resounded around the world. Magnified by its repetitive telling, it has gained ground in mainstream thinking. The Israeli response has been prevarication, ranging from reminders of biblical heritage to the opinion that Jewish Israel does not need to stake any claim for possessing its own land. The time has come to address and pronounce the legitimacy of Israel.
No country has a greater legitimacy, under international law, to exist than Israel. If Israel does not possess that legal right to sovereignty then no nation on earth can claim greater legitimacy than Israel. To fully understand this, one needs to fully understand the unfolding of modern history and the international resolutions that give Israel its full and exclusive right to sovereignty. * This is an excellent article on the misconception of a people called "Palestinians"...Who's Land Is It?
* Another article on how Israel is NOT Apartheid
* Debunking the MYTH about Israeli occupation. Read it Here
* Jewish, Not Arab, Roots in Judea and Samaria
by Hillel Fendel
U.S. Pres. Barack Obama’s demand that Israel not settle Jews in the Biblical areas of Judea and Samaria ignores thoroughly-documented Jewish roots in the Land of Israel, and in Judea/Samaria in particular.
Yoram Ettinger, a former liaison for Congressional affairs in Israel's Washington embassy, lists in the latest of his periodic position papers some of the evidence showing that Judea and Samaria has Jewish, not Arab, roots.
Area Always Known as "Judea and Samaria"
Ettinger negates Obama's claim – enunciated during his June 4, 2009 speech at Cairo University – that "the aspiration for a Jewish homeland is rooted in" the Holocaust. For one thing, Ettinger notes, many world-renowned travelers, historians and archeologists of earlier centuries refer to "Judea and Samaria," while the term "West Bank" was coined only 60 years ago.
Jordan gave the region this name when it occupied it after Israel’s War of Independence. No nation on earth other than Britain and Pakistan recognized Jordan’s claim to Judea and Samaria.
Among the travelers, historians and archeologists who referred to Judea and Samaria are H. B. Tristram (The Land of Israel, 1865); Mark Twain (Innocents Abroad, 1867); R.A. MacAlister and Masterman ("Palestine Exploration Fund Quarterly"); A.P. Stanley (Sinai and Palestine, 1887); E. Robinson and E. Smith (Biblical Researches in Palestine, 1841); C.W. Van de Velde (Peise durch Syrien und Paletsinea, 1861); and Felix Bovet (Voyage en Taire Sainte, 1864). Even the Encyclopedia Britannica, as well as official British and Ottoman records until 1950, used the term Judea and Samaria, and not the West Bank.
Land Was Named "Palestine" in Order to Erase Jewish Presence
Ettinger goes even further back, and says that the name "Palestine", which had nothing to do with a people as non by that name existed, was given to the Holy Land for the sole purpose of erasing the previous name of the country – Judea – from human memory. The Romans, whose plan this was, similarly sought to extinguish Jewish presence in Jerusalem by renaming it Aelia Capitolina.
Arabs Came in the Last 150 Years
When speaking of “Palestinian national rights,” it must be similarly kept in mind, Ettinger notes, that most Arabs residing today in Israel – anywhere between the Jordan River and the Mediterranean - have their origin in a massive 19th-20th century migration from Egypt, Syria, Lebanon and other Moslem countries. They adopted the title "Palestinian", which gives the impression of ancient ties to the land.
Town Names Show Their True History
Finally, Ettinger says that almost all Arab localities in Judea and Samaria have retained Biblical Jewish names, thus reaffirming their Jewish roots. Examples include the following: Anata is Biblical (and contemporary) Anatot, the dwelling of the Prophet Jeremiah. Batir is Biblical (and contemporary) Beitar, the headquarters of Bar Kochba, the leader of the Great Rebellion against the Roman Empire, which was suppressed in 135CE. Beit-Hur is the biblical (and contemporary) Beit Horon, site of Judah the Maccabee's victory over the Assyrians. Beitin is biblical (and contemporary) Beit El, a site of the Holy Ark and Prophet Samuel's court. Bethlehem is mentioned 44 times in the Bible and is the birth place of King David. Beit Jalla is biblical (and contemporary) Gilo, in southern Jerusalem, where Sennacherib set his camp, while besieging Jerusalem. El-Jib is biblical (and contemporary) Gibeon, Joshua's battleground known for his command to stop the sun and moon (Joshua 10:12). Jaba' is the biblical (and contemporary) Geva, site of King Saul’s son Jonathan’s victory over the Philistines. Jenin is the biblical (and contemporary) Ein Ganim, a Levite town within the tribe of Issachar. Mukhmas is biblical (and contemporary) Mikhmash, residence of Jonathan the Maccabee and site of King Saul's fortress. Seilun is biblical (and contemporary) Shilo, a site of Joshua's tabernacle and the Holy Ark and Samuel's youth. Tequa is biblical (and contemporary) Tekoa, hometown of the Prophet Amos.
Arabs Never Wanted Palestinian State
In another of his posts, Ettinger has negated the US government position that a Palestinian state is the crux of the Arab-Israeli conflict and that its formation would resolve the situation. He cites proofs from recent history showing that Arab antipathy to Israel not only predates Palestinian concerns, but often sidesteps such interests.
Israel's war for its independence in 1948-9, for instance, was conducted by the Arab countries at the expense of local aspirations. Though Egypt conquered Gaza, and Jordan took Judea and Samaria, and Syria claimed the Golan, in none of these areas was a government of local Arabs allowed.
When Egypt conquered the Gaza Strip, it proceeded to prohibit "Palestinian" national activities and expel its leadership. Not only did Jordan not grant locals independence to Judea and Samaria, it actually annexed these areas to its own country. When Syria occupied and annexed the Hama area in the Golan Heights, the Arab League outlawed a provisional "Palestinian" government there.
In short, it can be concluded that Arab "rights" to a state in Judea and Samaria are historically weak and were long ignored by other Arab countries.
From the Word of God (Torah~Bible):
Deuteronomy~D'Varim 1:6-8 "The Lord our God spoke unto us in Horeb, saying, 'Ye have dwelt long enough in this mount. Turn you, and take your journey, and go to the mount of the Amorites, and unto all the places near there, in the plain, in the hills, and in the vale, and in the south, and by the sea side, to the land of the Cananites, and unto Lebanon, unto the great river Euphrates. Behold, I have set the land before you: go in and possess the land which the Lord promised unto your fathers, Abraham, Isaac, and Jacob, to give to them and unto their seed after them.'"
Numbers~B'Midbar 34:1-12
Then the LORD spoke to Moses, saying, “Command the children of Israel, and say to them: ‘When you come into the land of Canaan, this is the land that shall fall to you as an inheritance—the land of Canaan to its boundaries.
Your southern border shall be from the Wilderness of Zin along the border of Edom; then your southern border shall extend eastward to the end of the Salt Sea; your border shall turn from the southern side of the Ascent of Akrabbim, continue to Zin, and be on the south of Kadesh Barnea; then it shall go on to Hazar Addar, and continue to Azmon; the border shall turn from Azmon to the Brook of Egypt, and it shall end at the Sea.
As for the western border, you shall have the Great Sea for a border; this shall be your western border. And this shall be your northern border: From the Great Sea you shall mark out your border line to Mount Hor; from Mount Hor you shall mark out your border to the entrance of Hamath; then the direction of the border shall be toward Zedad; the border shall proceed to Ziphron, and it shall end at Hazar Enan. This shall be your northern border.
You shall mark out your eastern border from Hazar Enan to Shepham; the border shall go down from Shepham to Riblah on the east side of Ain; the border shall go down and reach to the eastern side of the Sea of Chinnereth; the border shall go down along the Jordan, and it shall end at the Salt Sea. This shall be your land with its surrounding boundaries.’”
Leviticus~Vayikra 25:23 "The Land shall not be sold for ever: for the land is Mine; for you are strangers and sojourners with Me."
1918 Agreement Between Emir Faisal Ibn Hussain and Dr. Chaim Weizmann:
His Royal Highness the Emir FEISAL, representing and acting on behalf of the Arab Kingdom of Hedjaz, and Dr. CHAIM WEIZMANN, representing and acting on behalf of the Zionist Organization. mindful of the racial kinship and ancient bonds existing between the Arabs and the Jewish people, and realising that the surest means of working out the consummation of their national aspirations is through the closest possible collaboration in the development of the Arab State and Palestine, and being desirous further of confirming the good understanding which exists between them, have agreed upon the following Articles;-
ARTICLE I
The Arab State and Palestine in all their relations and undertakings shall be controlled by the most cordial goodwill and understanding and to this end Arab and Jewish duly accredited agents shall be established and maintained in the respective territories.
ARTICLE II
Immediately following the completion of the deliberations of the Peace Conference, the definite boundaries between the Arab State and Palestine shall be determined by a Commission to be agreed upon by the parties hereto.
ARTICLE III
In the establishment of the Constitution and Administration of Palestine all such measures shall be adopted as will afford the fullest guarantee for carrying into effect the British Government's Declaration of the 2nd of November, 1917.
ARTICLE IV
All necessary measures shall be taken to encourage and stimulate immigration of Jews into Palestine on a large scale, and as quickly as possible to settle Jewish immigrants upon the land through closer settlement and intensive cultivation of the soil. In taking such measures measures the Arab peasant and tenant farms shall be protected in their rights and shall be assisted in forwarding their economic development.
ARTICLE V.
No regulation nor law shall be made prohibiting or interfering in any way with the free exercise of religion; and further the free exercise and enjoyment of religious profession and worship without discrimination or preference shell forever be allowed. No religious test shall ever be required for the exercise of civil or political rights.
ARTICLE VI
The Mohammedan Holy Places shall be under Mohammedan control.
ARTICLE VII
The Zionist Organization proposes to send to Palestine a Commission of experts to make a survey of the economic possibilities of the country, and to report upon the best means for its development. The Zionist Organisation will place the aforementioned Commission at the disposal of the Arab State for the purpose of a survey of the economic possibilities of the Arab State and to report upon the best means for its development. The Zionist Organization will use Its best efforts to assist the Arab State in providing the means for developing the natural resources and economic possibilities thereof.
ARTICLE VIII.
The parties hereto agree to act in complete accord and harmony on all matters embraced herein before the Peace congress.
ARTICLE IX
Any matters of dispute which my arise between the contracting parties shall be referred to the British Government for arbitration.
Given under our hand at LONDON.
ENGLAND, the THIRD day of
JANUARY, ONE THOUSAND NINE
HUNDRED AND EIGHTEEN.
Chaim-Weizmann.
Feisal ibn-Hussein.
RESERVATION BY THE EMIR FEISAL
If the Arabs are established as I have asked in my manifesto of January 4th addressed to the British Secretary of State for Foreign Affairs, I will carry out what is written in this agreement. If changes are made, I cannot be answerable for failing to carry out this agreement.
Feisal ibn-Hussein
From David Lloyd George: "There has been a good deal of discussion as to the meaning of the words "Jewish National Home" and whether it involved the setting up of a Jewish National State in Palestine. I have already quoted the words actually used by Mr. Balfour when he submitted the declaration to the Cabinet for its approval. They were not challenged at the time by any member present, and there could be no doubt as to what the Cabinet then had in their minds. It was not their idea that a Jewish State should be set up immediately by the Peace Treaty without reference to the wishes of the majority of the inhabitants. On the other hand, it was contemplated that when the time arrived for according representative institutions to Palestine, if the Jews had meanwhile responded to the opportunity afforded them by the idea of a National Home and had become a definite majority of the inhabitants, then Palestine would thus become a Jewish Commonwealth. The notion that Jewish immigration would have to be artificially restricted in order to ensure that the Jews should be a permanent minority never entered into the heads of anyone engaged in framing the policy. That would have been regarded as unjust and as a fraud on the people to whom we were appealing." (Memoirs, pp 736-7)
From Arthur Balfour:
Dear Lord Rothschild,
I have much pleasure in conveying to you, on behalf of His Majesty's Government, the following declaration of sympathy with Jewish Zionist aspirations which has been submitted to, and approved by, the Cabinet.
"His Majesty's Government view with favour the establishment in Palestine of a national home for the Jewish people, and will use their best endeavours to facilitate the achievement of this object, 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."
I should be grateful if you would bring this declaration to the knowledge of the Zionist Federation.
Yours sincerely,
Arthur James Balfour
The Mandate for Palestine
The mandates for Mesopotamia, Syria and Palestine were assigned by the Supreme Court of the League of Nations at its San Remo meeting in April 1920. Negotiations between Great Britain and the United States with regard to the Palestine mandate were successfully concluded in May 1922, and approved by the Council of the League of Nations in July 1922. The mandates for Palestine and Syria came into force simultaneously on September 29, 1922. In this document, the League of Nations recognized the "historical connection of the Jewish people with Palestine" and the "grounds for reconstituting their national home in that country."
Text:
The Council of the League of Nations
Whereas the Principal Allied Powers have agreed, for the purpose of giving effect to the provisions of Article 22 of the Covenant of the League of Nations, to entrust to a Mandatory selected by the said Powers the administration of the territory of Palestine, which formerly belonged to the Turkish Empire, within such boundaries as may be fixed by them; and
Whereas the Principal Allied Powers have also agreed that the Mandatory should be responsible for putting into effect the declaration originally made on November 2nd, 1917, by the Government of His Britannic Majesty, and adopted by the said Powers, in favour of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing should be done which might 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 ; and
Whereas recognition has thereby been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country; and
Whereas the Principal Allied Powers have selected His Britannic Majesty as the Mandatory for Palestine; and
Whereas the mandate in respect of Palestine has been formulated in the following terms and submitted to the Council of the League for approval; and
Whereas His Britannic Majesty has accepted the mandate in respect of Palestine and undertaken to exercise it on behalf of the League of Nations in conformity with the following provisions; and
Whereas by the afore-mentioned Article 22 (paragraph 8), it is provided that 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, shall be explicitly defined by the Council of the League of Nations;
Confirming the said mandate, defines its terms as follows:
Article 1.
The Mandatory shall have full powers of legislation and of administration, save as they may be limited by the terms of this mandate.
Article 2.
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 and religion.
Article 3.
The Mandatory shall,so far as circumstances permit, encourage local autonomy.
Article 4.
An appropriate Jewish agency shall be recognised as a public body for the purpose of advising and co-operating with the Administration of Palestine in such economic, social and other matters as may affect the establishment of the Jewish national home and the interests of the Jewish population in Palestine, and, subject always to the control of the Administration, to assist and take part in the development of the country.
The Zionist organisation, so long as its organisation and constitution are in the opinion of the Mandatory appropriate, shall be recognised as such agency. It shall take steps in consultation with His Britannic Majesty's Government to secure the cooperation of all Jews who are willing to assist in the establishment of the Jewish national home.
Article 5.
The Mandatory shall be responsible for seeing that no Palestine territory shall be ceded or leased to, or in any way placed under the control of, the Government of any foreign Power.
Article 6.
The Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions and shall encourage, in co-operation with the Jewish agency. referred to in Article 4, close settlement by Jews, on the land, including State lands and waste lands not required for public purposes.
Article 7.
The Administration of Palestine shall be responsible for enacting a nationality law. There shall be included in this law provisions framed so as to facilitate the acquisition of Palestinian citizenship by Jews who take up their permanent residence in Palestine.
Article 8.
The privileges and immunities of foreigners, including the benefits of consular jurisdiction and protection as formerly enjoyed by Capitulation or usage in the Ottoman Empire, shall not be applicable in Palestine.
Unless the Powers whose nationals enjoyed the afore-mentioned privileges and immunities on August 1st, 1914, shall have previously renounced the right to their re-establishment, or shall have agreed to their non-application for a specified period, these privileges and immunities shall, at the expiration of the mandate, be immediately re-established in their entirety or with such modifications as may have been agreed upon between the Powers concerned.
Article 9.
The Mandatory shall be responsible for seeing that the judicial system established in Palestine shall assure to foreigners, as wen as to natives, a complete guarantee of their rights.
Respect for the personal status of the various peoples and communities and for their religious interests shall be fully guaranteed. In particular, the control and administration of Wakfs shall be exercised in accordance with religious law and the dispositions of the founders.
Article 10.
Pending the making of special extradition agreements relating to Palestine, the extradition treaties in force between the Mandatory and other foreign Powers shall apply to Palestine.
Article 11.
The Administration of Palestine shall take all necessary measures to safeguard the interests of the community in connection with the development of the country, and, subject to any international obligations accepted by the Mandatory, shall have full power to provide for public ownership or control of any of the natural resources of the country or of the public works, services and utilities established or to be established therein. It shall introduce a land system appropriate to the needs of the country, having regard, among other things, to the desirability of promoting the close settlement and intensive cultivation of the land.
The Administration may arrange with the Jewish agency mentioned in Article 4 to construct or operate, upon fair and equitable terms, any public works, services and utilities, and to develop any of the natural resources of the country, in so far as these matters are not directly undertaken by the Administration. Any such arrangements shall provide that no profits distributed by such agency, directly or indirectly, shall exceed a reasonable rate of interest on the capital, and any further profits shall be utilised by it for the benefit of the country in a manner approved by the Administration.
Article 12.
The Mandatory shall be entrusted with the control of the foreign relations of Palestine and the right to issue exequaturs to consuls appointed by foreign Powers. He shall also be entitled to afford diplomatic and consular protection to citizens of Palestine when outside its territorial limits.
Article 13.
All responsibility in connection with the Holy Places and religious buildings or sites in Palestine, including that of preserving existing rights and of securing free access to the Holy Places, religious buildings and sites and the free exercise of worship, while ensuring the requirements of public order and decorum, is assumed by the Mandatory, who shall be responsible solely to the League of Nations. in all matters connected herewith, provided that nothing in this article shall prevent the Mandatory from entering into such arrangements as he may deem reasonable with the Administration for the purpose of carrying the provisions of this article into effect; and provided also that nothing in this mandate shall be construed as conferring upon the Mandatory authority to interfere with the fabric or the management of purely Moslem sacred shrines, the immunities of which are guaranteed.
Article 14.
A special Commission shall be appointed by the Mandatory to study, define and determine the rights and claims in connection with the Holy Places and the rights and claims relating to the different religious communities in Palestine. The method of nomination, the composition and the functions of this Commission shall be submitted to the Council of the League for its approval, and the Commission shall not be appointed or enter upon its functions without the approval of the Council.
Article 15.
The Mandatory shall see that complete freedom of conscience and the free exercise of all forms of worship, subject only to the maintenance of public order and morals, are ensured to all. No discrimination of any kind shall be made between the inhabitants of Palestine on the ground of race, religion or language. No person shall be excluded from Palestine on the sole ground of his religious belief.
The right of each community to maintain its own schools for the education of its own members in its own language, while conforming to such educational requirements of a general nature as the Administration may impose, shall not be denied or impaired.
Article 16.
The Mandatory shall be responsible for exercising such supervision over religious or eleemosynary bodies of all faiths in Palestine as may be required for the maintenance of public order and good government. Subject to such supervision, no measures shall be taken in Palestine to obstruct or interfere with the enterprise of such bodies or to discriminate against any representative or member of them on the ground of his religion or nationality.
Article 17.
The Administration of Palestine may organise on a voluntary basis the forces necessary for the preservation of peace and order, and also for the defence of the country, subject, however, to the supervision of the Mandatory, but shall not use them for purposes other than those above specified save with the consent of the Mandatory, Except for such purposes, no military, naval or air forces shall be raised or maintained by the Administration of Palestine.
Nothing in this article shall preclude the Administration of Palestine from contributing to the cost of the maintenance of the forces of the Mandatory in Palestine.
The Mandatory shall be entitled at all times to use the roads, railways and ports of Palestine for the movement of armed f forces and the carriage of fuel and supplies.
Article 18.
The Mandatory shall see that there is no discrimination in Palestine against the nationals of any State Member of the League of Nations (including companies incorporated under its laws) as compared with those of the Mandatory or of any foreign State in matters concerning taxation, commerce or navigation, the exercise of industries or professions, or in the treatment of merchant vessels or civil aircraft. Similarly, there shall be no discrimination in Palestine against goods originating in or destined for any of the said States, and there shall be freedom of transit under equitable conditions across the mandated area.
Subject as aforesaid and to the other provisions of this mandate, the Administration of Palestine may, on the advice of the Mandatory, impose such taxes and customs duties as it may consider necessary, and take such steps as it may think best to promote the development of the natural resources of the country and to safeguard the interests of the population. It may also, on the advice of the Mandatory, conclude a special customs agreement with any State the territory of which in 1914 was wholly included in Asiatic Turkey or Arabia.
Article 19.
The Mandatory shall adhere on behalf of the Administration of Palestine to any general international conventions already existing, or which may be concluded hereafter with the approval of the League of Nations, respecting the slave traffic, the traffic in arms and ammunition, or the traffic in drugs, or relating to commercial equality, freedom of transit and navigation, aerial navigation and postal, telegraphic and wireless communication or literary, artistic or industrial property.
Article 20.
The Mandatory shall co-operate on behalf of the Administration of Palestine, so far as religious, social and other conditions may permit, in the execution of any common policy adopted by the League of Nations for preventing and combating disease, including diseases of plants and animals.
Article 21.
The Mandatory shall secure the enactment within twelve months from this date, and shall ensure the execution of a Law of Antiquities based on the following rules. This law shall ensure equality of treatment in the matter of excavations and archaeological research to the nations of all States Members of the League of Nations.
(1) 'Antiquity' means any construction or any product of human activity earlier than the year A.D. 1700.
(2) The law for the protection of antiquities shall proceed by encouragement rather than by threat.
Any person who, having discovered an antiquity without being furnished with the authorisation referred to in paragraph 5, reports the same to an official of the competent Department, shall be rewarded according to the value of the discovery.
(3) No antiquity may be disposed of except to the competent Department, unless this Department renounces the acquisition of any such antiquity.
No antiquity may leave the country without an export licence from the said Department.
(4) Any person who maliciously or negligently destroys or damages an antiquity shall be liable to a penalty to be fixed.
(5) No clearing of ground or digging with the object of finding
antiquities shall be permitted, under penalty of fine, except to persons authorised by the competent Department.
(6) Equitable terms shall be fixed for expropriation, temporary or permanent, of lands which might be of historical or archaeological interest.
(7) Authorisation to excavate shall only be granted to persons who show sufficient guarantees of archaeological experience. The Administration of Palestine shall not, in granting these authorisations, act in such a way as to exclude scholars of any nation without good grounds.
(8) The proceeds of excavations may be divided between the excavator and the competent Department in a proportion fixed by that Department. If division seems impossible for scientific reasons, the excavator shall receive a fair indemnity in lieu of a part of the find.
Article 22.
English, Arabic and Hebrew shall be the official languages of Palestine. Any statement or inscription in Arabic on stamps or money in Palestine shall be repeated in Hebrew, and any statement or inscription in Hebrew shall be repeated in Arabic.
Article 23.
The Administration of Palestine shall recognise the holy days of the respective communities in Palestine as legal days of rest for the members of such communities.
Article 24.
The Mandatory shall make to the Council of the League of Nations an annual report to the satisfaction of the Council as to the measures taken during the year to carry out the provisions of the mandate. Copies of all laws and regulations promulgated or issued during the year shall be communicated with the report.
Article 25.
In the territories lying between the Jordan and the eastern boundary of Palestine as ultimately determined, the Mandatory shall be entitled, with the consent of the Council of the League of Nations, to postpone or withhold application of such provisions of this mandate as he may consider inapplicable to the existing local conditions, and to make such provision for the administration of the territories as he may consider suitable to those conditions, provided that no action shall be taken which is inconsistent with the provisions of Articles 15, 16 and 18.
Article 26.
The Mandatory agrees that, if any dispute whatever should arise between the Mandatory and another Member of the League of Nations relating to the interpretation or the application of the provisions of the mandate, such dispute, if it cannot be settled by negotiation, shall be submitted to the Permanent Court of International Justice provided for by Article 14 of the Covenant of the League of Nations.
Article 27.
The consent of the Council of the League of Nations is required for any modification of the terms of this mandate.
Article 28.
In the event of the termination of the mandate hereby conferred upon the Mandatory, the Council of the League of Nations shall make such arrangements as may be deemed necessary for safeguarding in perpetuity, under guarantee of the League, the rights secured by Articles 13 and 14, and shall use its influence for securing, under the guarantee of the League, that the Government of Palestine will fully honour the financial obligations legitimately incurred by the Administration of Palestine during the period of the mandate, including the rights of public servants ,to pensions or gratuities.
The present instrument shall be deposited in original in the archives of the League of Nations and certified copies shall be forwarded by the Secretary-General of the League of Nations to all Members of the League.
Done at London the twenty-fourth day of July, one thousand nine hundred and twenty-two.
The Council of the League of Nations
Whereas the Principal Allied Powers have agreed, for the purpose of giving effect to the provisions of Article 22 of the Covenant of the League of Nations, to entrust to a Mandatory selected by the said Powers the administration of the territory of Palestine, which formerly belonged to the Turkish Empire, within such boundaries as may be fixed by them; and
Whereas the Principal Allied Powers have also agreed that the Mandatory should be responsible for putting into effect the declaration originally made on November 2nd, 1917, by the Government of His Britannic Majesty, and adopted by the said Powers, in favour of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing should be done which might 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 ; and
Whereas recognition has thereby been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country; and
Whereas the Principal Allied Powers have selected His Britannic Majesty as the Mandatory for Palestine; and
Whereas the mandate in respect of Palestine has been formulated in the following terms and submitted to the Council of the League for approval; and
Whereas His Britannic Majesty has accepted the mandate in respect of Palestine and undertaken to exercise it on behalf of the League of Nations in conformity with the following provisions; and
Whereas by the afore-mentioned Article 22 (paragraph 8), it is provided that 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, shall be explicitly defined by the Council of the League of Nations;
Confirming the said mandate, defines its terms as follows:
Article 1.
The Mandatory shall have full powers of legislation and of administration, save as they may be limited by the terms of this mandate.
Article 2.
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 and religion.
Article 3.
The Mandatory shall,so far as circumstances permit, encourage local autonomy.
Article 4.
An appropriate Jewish agency shall be recognised as a public body for the purpose of advising and co-operating with the Administration of Palestine in such economic, social and other matters as may affect the establishment of the Jewish national home and the interests of the Jewish population in Palestine, and, subject always to the control of the Administration, to assist and take part in the development of the country.
The Zionist organisation, so long as its organisation and constitution are in the opinion of the Mandatory appropriate, shall be recognised as such agency. It shall take steps in consultation with His Britannic Majesty's Government to secure the cooperation of all Jews who are willing to assist in the establishment of the Jewish national home.
Article 5.
The Mandatory shall be responsible for seeing that no Palestine territory shall be ceded or leased to, or in any way placed under the control of, the Government of any foreign Power.
Article 6.
The Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions and shall encourage, in co-operation with the Jewish agency. referred to in Article 4, close settlement by Jews, on the land, including State lands and waste lands not required for public purposes.
Article 7.
The Administration of Palestine shall be responsible for enacting a nationality law. There shall be included in this law provisions framed so as to facilitate the acquisition of Palestinian citizenship by Jews who take up their permanent residence in Palestine.
Article 8.
The privileges and immunities of foreigners, including the benefits of consular jurisdiction and protection as formerly enjoyed by Capitulation or usage in the Ottoman Empire, shall not be applicable in Palestine.
Unless the Powers whose nationals enjoyed the afore-mentioned privileges and immunities on August 1st, 1914, shall have previously renounced the right to their re-establishment, or shall have agreed to their non-application for a specified period, these privileges and immunities shall, at the expiration of the mandate, be immediately re-established in their entirety or with such modifications as may have been agreed upon between the Powers concerned.
Article 9.
The Mandatory shall be responsible for seeing that the judicial system established in Palestine shall assure to foreigners, as wen as to natives, a complete guarantee of their rights.
Respect for the personal status of the various peoples and communities and for their religious interests shall be fully guaranteed. In particular, the control and administration of Wakfs shall be exercised in accordance with religious law and the dispositions of the founders.
Article 10.
Pending the making of special extradition agreements relating to Palestine, the extradition treaties in force between the Mandatory and other foreign Powers shall apply to Palestine.
Article 11.
The Administration of Palestine shall take all necessary measures to safeguard the interests of the community in connection with the development of the country, and, subject to any international obligations accepted by the Mandatory, shall have full power to provide for public ownership or control of any of the natural resources of the country or of the public works, services and utilities established or to be established therein. It shall introduce a land system appropriate to the needs of the country, having regard, among other things, to the desirability of promoting the close settlement and intensive cultivation of the land.
The Administration may arrange with the Jewish agency mentioned in Article 4 to construct or operate, upon fair and equitable terms, any public works, services and utilities, and to develop any of the natural resources of the country, in so far as these matters are not directly undertaken by the Administration. Any such arrangements shall provide that no profits distributed by such agency, directly or indirectly, shall exceed a reasonable rate of interest on the capital, and any further profits shall be utilised by it for the benefit of the country in a manner approved by the Administration.
Article 12.
The Mandatory shall be entrusted with the control of the foreign relations of Palestine and the right to issue exequaturs to consuls appointed by foreign Powers. He shall also be entitled to afford diplomatic and consular protection to citizens of Palestine when outside its territorial limits.
Article 13.
All responsibility in connection with the Holy Places and religious buildings or sites in Palestine, including that of preserving existing rights and of securing free access to the Holy Places, religious buildings and sites and the free exercise of worship, while ensuring the requirements of public order and decorum, is assumed by the Mandatory, who shall be responsible solely to the League of Nations. in all matters connected herewith, provided that nothing in this article shall prevent the Mandatory from entering into such arrangements as he may deem reasonable with the Administration for the purpose of carrying the provisions of this article into effect; and provided also that nothing in this mandate shall be construed as conferring upon the Mandatory authority to interfere with the fabric or the management of purely Moslem sacred shrines, the immunities of which are guaranteed.
Article 14.
A special Commission shall be appointed by the Mandatory to study, define and determine the rights and claims in connection with the Holy Places and the rights and claims relating to the different religious communities in Palestine. The method of nomination, the composition and the functions of this Commission shall be submitted to the Council of the League for its approval, and the Commission shall not be appointed or enter upon its functions without the approval of the Council.
Article 15.
The Mandatory shall see that complete freedom of conscience and the free exercise of all forms of worship, subject only to the maintenance of public order and morals, are ensured to all. No discrimination of any kind shall be made between the inhabitants of Palestine on the ground of race, religion or language. No person shall be excluded from Palestine on the sole ground of his religious belief.
The right of each community to maintain its own schools for the education of its own members in its own language, while conforming to such educational requirements of a general nature as the Administration may impose, shall not be denied or impaired.
Article 16.
The Mandatory shall be responsible for exercising such supervision over religious or eleemosynary bodies of all faiths in Palestine as may be required for the maintenance of public order and good government. Subject to such supervision, no measures shall be taken in Palestine to obstruct or interfere with the enterprise of such bodies or to discriminate against any representative or member of them on the ground of his religion or nationality.
Article 17.
The Administration of Palestine may organise on a voluntary basis the forces necessary for the preservation of peace and order, and also for the defence of the country, subject, however, to the supervision of the Mandatory, but shall not use them for purposes other than those above specified save with the consent of the Mandatory, Except for such purposes, no military, naval or air forces shall be raised or maintained by the Administration of Palestine.
Nothing in this article shall preclude the Administration of Palestine from contributing to the cost of the maintenance of the forces of the Mandatory in Palestine.
The Mandatory shall be entitled at all times to use the roads, railways and ports of Palestine for the movement of armed f forces and the carriage of fuel and supplies.
Article 18.
The Mandatory shall see that there is no discrimination in Palestine against the nationals of any State Member of the League of Nations (including companies incorporated under its laws) as compared with those of the Mandatory or of any foreign State in matters concerning taxation, commerce or navigation, the exercise of industries or professions, or in the treatment of merchant vessels or civil aircraft. Similarly, there shall be no discrimination in Palestine against goods originating in or destined for any of the said States, and there shall be freedom of transit under equitable conditions across the mandated area.
Subject as aforesaid and to the other provisions of this mandate, the Administration of Palestine may, on the advice of the Mandatory, impose such taxes and customs duties as it may consider necessary, and take such steps as it may think best to promote the development of the natural resources of the country and to safeguard the interests of the population. It may also, on the advice of the Mandatory, conclude a special customs agreement with any State the territory of which in 1914 was wholly included in Asiatic Turkey or Arabia.
Article 19.
The Mandatory shall adhere on behalf of the Administration of Palestine to any general international conventions already existing, or which may be concluded hereafter with the approval of the League of Nations, respecting the slave traffic, the traffic in arms and ammunition, or the traffic in drugs, or relating to commercial equality, freedom of transit and navigation, aerial navigation and postal, telegraphic and wireless communication or literary, artistic or industrial property.
Article 20.
The Mandatory shall co-operate on behalf of the Administration of Palestine, so far as religious, social and other conditions may permit, in the execution of any common policy adopted by the League of Nations for preventing and combating disease, including diseases of plants and animals.
Article 21.
The Mandatory shall secure the enactment within twelve months from this date, and shall ensure the execution of a Law of Antiquities based on the following rules. This law shall ensure equality of treatment in the matter of excavations and archaeological research to the nations of all States Members of the League of Nations.
(1) 'Antiquity' means any construction or any product of human activity earlier than the year A.D. 1700.
(2) The law for the protection of antiquities shall proceed by encouragement rather than by threat.
Any person who, having discovered an antiquity without being furnished with the authorisation referred to in paragraph 5, reports the same to an official of the competent Department, shall be rewarded according to the value of the discovery.
(3) No antiquity may be disposed of except to the competent Department, unless this Department renounces the acquisition of any such antiquity.
No antiquity may leave the country without an export licence from the said Department.
(4) Any person who maliciously or negligently destroys or damages an antiquity shall be liable to a penalty to be fixed.
(5) No clearing of ground or digging with the object of finding
antiquities shall be permitted, under penalty of fine, except to persons authorised by the competent Department.
(6) Equitable terms shall be fixed for expropriation, temporary or permanent, of lands which might be of historical or archaeological interest.
(7) Authorisation to excavate shall only be granted to persons who show sufficient guarantees of archaeological experience. The Administration of Palestine shall not, in granting these authorisations, act in such a way as to exclude scholars of any nation without good grounds.
(8) The proceeds of excavations may be divided between the excavator and the competent Department in a proportion fixed by that Department. If division seems impossible for scientific reasons, the excavator shall receive a fair indemnity in lieu of a part of the find.
Article 22.
English, Arabic and Hebrew shall be the official languages of Palestine. Any statement or inscription in Arabic on stamps or money in Palestine shall be repeated in Hebrew, and any statement or inscription in Hebrew shall be repeated in Arabic.
Article 23.
The Administration of Palestine shall recognise the holy days of the respective communities in Palestine as legal days of rest for the members of such communities.
Article 24.
The Mandatory shall make to the Council of the League of Nations an annual report to the satisfaction of the Council as to the measures taken during the year to carry out the provisions of the mandate. Copies of all laws and regulations promulgated or issued during the year shall be communicated with the report.
Article 25.
In the territories lying between the Jordan and the eastern boundary of Palestine as ultimately determined, the Mandatory shall be entitled, with the consent of the Council of the League of Nations, to postpone or withhold application of such provisions of this mandate as he may consider inapplicable to the existing local conditions, and to make such provision for the administration of the territories as he may consider suitable to those conditions, provided that no action shall be taken which is inconsistent with the provisions of Articles 15, 16 and 18.
Article 26.
The Mandatory agrees that, if any dispute whatever should arise between the Mandatory and another Member of the League of Nations relating to the interpretation or the application of the provisions of the mandate, such dispute, if it cannot be settled by negotiation, shall be submitted to the Permanent Court of International Justice provided for by Article 14 of the Covenant of the League of Nations.
Article 27.
The consent of the Council of the League of Nations is required for any modification of the terms of this mandate.
Article 28.
In the event of the termination of the mandate hereby conferred upon the Mandatory, the Council of the League of Nations shall make such arrangements as may be deemed necessary for safeguarding in perpetuity, under guarantee of the League, the rights secured by Articles 13 and 14, and shall use its influence for securing, under the guarantee of the League, that the Government of Palestine will fully honour the financial obligations legitimately incurred by the Administration of Palestine during the period of the mandate, including the rights of public servants ,to pensions or gratuities.
The present instrument shall be deposited in original in the archives of the League of Nations and certified copies shall be forwarded by the Secretary-General of the League of Nations to all Members of the League.
Done at London the twenty-fourth day of July, one thousand nine hundred and twenty-two.
