RE: All The News Anti-Israel Posters Will Not Read Or Discuss
⁜→ P F Tinmore, et al,
.... ⟴ As a result, five new states come into existence: Iraq, Lebanon, Palestine, Syria and Transjordan (which later changed its name to the Hashemite Kingdom of Jordan). In the execution
of Article 22 of the Covenant, the League of Nations placed these new states under mandates: Lebanon and Syria under a French mandate, and Iraq, Palestine and Transjordan under British mandates. Iraq, however, rebelled and proclaimed its independence.
(COMMENT)
"New states" came into existence, but NOT as a result of Article 22 or the Treaty. It was a result of decisions made by "certain" members of the Allied Powers. The League of Nations (LoN) Covenant, was an agreement between the parties to the LoN. Not the inhabitance. In fact, the inhabitance of the Region had nothing to do with the agreement.
If any part of the agreement was abrogated, violated or ignored, it was of NO business of the inhabitance of the Region. The Covenant was not written as a bond → but in such a way that it could be amended between the parties; without regard to the wishes of the inhabitance of the Region.
Under international law, the legal effect of the detachment of Palestine from Turkey and the recognition by Article 22 of the Covenant the League of Nations of the existence of its inhabitants as "an independent nation" was to make of Palestine a state under the law of nations in which was vested sovereignty over the country. [2]
(COMMENT)
Palestine, nor any of the Regions that came under Mandate by name, were detached from Turkey. The territory under discussion was detached in the form
of Article 3 • SECTION I • TERRITORIAL CLAUSES •
Lausanne Treaty Part I:
ARTICLE 3.
From the Mediterranean to the frontier of Persia, the frontier of Turkey is laid down as follows:
(1) With Syria:
The frontier described in Article 8 of the Franco-Turkish Agreement of the 20th October, 1921
(2) With Iraq:
The frontier between Turkey and Iraq shall be laid down in friendly arrangement to be concluded between Turkey and Great Britain within nine months.
Let me repeat
(I say again)→ The notion that there was some sort of automatic activation of the new states is essentially wrong. The establishment of
(what has become today) Lebanon, Syria, Iraq, Jordan, Israel
(Isreal + West Bank + Gaza Strip) was totally a decision principally by the Allied Powers of Great Britain and France. It was initially decided into Areas "A" for France and "B" for Great Britain in accordance with
the Sykes-Picot Agreement. This was not a determination involving the inhabitance of the Region.
No alternate history will change those decisions, and no manipulation of the facts will lead to a differing outcome.
The fact that Palestine was placed under a mandate did not affect the statehood of Palestine nor divest its people of sovereignty over their country.
(COMMENT)
Well, this is simply wrong. It was a subdivision of the territory known as Syria which the Allied Powers designated "Palestine."
The concept of mandates was one of a temporary arrangement having as its aim, in the words of Article 22 of the Covenant, the rendering to the peoples of the mandated territory of administrative advice and assistance by a Mandatory until such time as they were able to stand alone. It is obvious that the Mandatory did not acquire title or sovereignty over the mandated territory.
(COMMENT)
Well, Article 22 did not assign or apportion the territory. But there is absolutely NO QUESTION that Article 16 of the Treaty of Lausanne, records the disposition of all title and rights passing from the Ottoman Empire/Turkish Republic to the Allied Powers (collectively).
The legal status of Palestine as one of the "A" mandated territories had close similarity to that of a protected state. [3] Palestine possessed an international personality which was distinct from that of the British government as Mandatory power. The Government of Palestine, as representative of the people and territory of Palestine, concluded agreements with the Mandatory power and treaties with third states through the instrumentality of Great Britain. The possession by Palestine of an international personality of its own thus distinguished its status from that, for example, of the territory of South West Africa. In the case of the latter, the Supreme Court of South Africa held that since German sovereignty over it was extinguished, and the territory survived only as a geographical entity and did not become an international person in its own right, its juristic personality had terminated. [4] This clearly was not the case of Palestine.
On the other hand, the Mandate did not divest the state or the people of Palestine of their sovereignty over the country. Professor Pic was one of the first writers to proclaim the principle that sovereignty lies in the inhabitants of the mandated territory.
(COMMENT)
This
(in its entirety) is manipulated babble. It would take all evening to untangle this mess and reassemble it in the proper order and context. The status of the Government of Palestine, under the Mandate and assignment to Great Britain, is best-explained in part in
: UK MEMORANDUM NAMES COMMISSION AS SUCCESSOR GOVERNMENT: Press Release PAL/138 27 February 1948
"Palestine is today a legal entity but it is not a sovereign state. Palestine is a territory administered under mandate by His Majesty (in respect of the United Kingdom), who is entirely responsible both for its internal administration and for its foreign affairs.
"After the 15th May, 1948, Palestine will continue to be a legal entity but it will still not be a sovereign state because it will not be immediately self-governing. The authority responsible for its administration will, however, have changed.
"Where the sovereignty of Palestine lies at the present time is a disputed and perhaps academic legal question about which writers have expressed a number of different conclusions. Where the sovereignty of Palestine will lie after the 15th May, 1948, is perhaps also a question on which different views will be held, but so far as His Majesty's Government are aware, it is a question which it is unnecessary to answer in connection with any practical issues.
In fact, there now exists a fairly general consensus that sovereignty lies in the people of the mandate territory.
(COMMENT)
No, this is entirely wrong and generated for the purpose of political propaganda.
(COMMENT)
It would be
(very) interesting for me to see exactly what
actual "LAW" you are referring to here. In any event, the Hostile Arab Palestinians have, in their belligerents to pursue the avenues towards a peaceful settlement, will continue to experience the consequences of those actions and decisions.
Most Respectfully,
R