Partition and The Law

[P F Tinmore]

Still no documents?

 

[JStone]

Still no documents?

Eugene Rostow, Legal scholar, former Dean of the Yale Law School, Under Secretary of State in the Johnson administration, US State Dept Legal Advisor, Drafter of UN Res. 242 pertaining to Israeli land in the West Bank Eugene V. Rostow - Wikipedia, the free encyclopedia

The British Mandate recognized the right of the Jewish people to "close settlement" in the whole of the Mandated territory [Palestine]. The Jewish right of settlement in Palestine west of the Jordan river, that is, in Israel, the West Bank, Jerusalem, and the Gaza Strip, was made unassailable. That right has never been terminated and cannot be terminated except by a recognized peace between Israel and its neighbors. And perhaps not even then, in view of Article 80 of the U.N. Charter, "the Palestine article," which provides that "nothing in the Charter shall be construed ... to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments...."

The mandate implicitly denies Arab claims to national political rights in the area in favor of the Jews; the mandated territory was in effect reserved to the Jewish people for their self-determination and political development, in acknowledgment of the historic connection of the Jewish people to the land. Lord Curzon, who was then the British Foreign Minister, made this reading of the mandate explicit. There remains simply the theory that the Arab inhabitants of the West Bank and the Gaza Strip have an inherent 'natural law' claim to the area. Neither customary international law nor the United Nations Charter acknowledges that every group of people claiming to be a nation has the right to a state of its own."

Resolved: are the settlements legal? Israeli West Bank policies

 

[P F Tinmore]

Still no documents?

 

[docmauser1]

OK, but that is not a Palestine Mandate document.

The palestine mandate document sez Palestine was not an "A" Mandate.