The Palestine Mandate,[1] or Mandate for Palestine,[2] or British Mandate of Palestine was a legal instrument for the administration of Palestine formally approved by the League of Nations in June 1922, based on a draft by the principal Allied and associated powers after the First World War. The mandate formalized British rule in Palestine from 1917-1948. The boundaries of two new states were laid down within the territory of the Mandate, Palestine and Transjordan.[3][4]
Post war court decisions on statehood
The U.S. State Department Digest of International Law says that the terms of the Treaty of Lausanne provided for the application of the principles of state succession to the "A" Mandates. The Treaty of Versailles (1920) provisionally recognized the former Ottoman communities as independent nations. It also required Germany to recognize the disposition of the former Ottoman territories and to recognize the new states laid down within their boundaries. The Treaty of Lausanne required the newly created states that acquired the territory detached from the Ottoman Empire to pay annuities on the Ottoman public debt, and to assume responsibility for the administration of concessions that had been granted by the Ottomans. A dispute regarding the status of the territories was settled by an Arbitrator appointed by the Council of the League of Nations under the terms of the treaty. It was decided that Palestine and Transjordan were newly created states according to the terms of the applicable post-war treaties. In its Judgment No. 5, The Mavrommatis Palestine Concessions, the Permanent Court of International Justice also decided that Palestine was responsible as the successor state for concessions granted by Ottoman authorities. The Courts of Palestine and Great Britain also decided that title to the properties shown on the Ottoman Civil list had been ceded to the government of Palestine as an allied successor state.[50]
The English High Court ruling in the King v Ketter case dealt with nationality under the Mandate. The Court held that the territory of Palestine was not transferred to Great Britain as a consequence of article 30 of the Treaty of Lausanne and that residents were citizens of Palestine, not Great Britain.[51]
The Supreme Court of Palestine ruled in 1945 that Transjordan was a foreign state for the purposes of article 15 of the Palestine Citizenship Order.[52]
The Jewish national home
The United Nations Special Committee on Palestine said the Jewish National Home, which derived from the formulation of Zionist aspirations in the 1897 Basle program has provoked many discussions concerning its meaning, scope and legal character, especially since it had no known legal connotation and there are no precedents in international law for its interpretation. It was used in the Balfour Declaration and in the Mandate, both of which promised the establishment of a "Jewish National Home" without, however, defining its meaning. A statement on "British Policy in Palestine," issued on 3 June 1922 by the Colonial Office, placed a restrictive construction upon the Balfour Declaration. The statement excluded "the disappearance or subordination of the Arabic population, language or customs in Palestine" or "the imposition of Jewish nationality upon the inhabitants of Palestine as a whole", and made it clear that in the eyes of the mandatory Power, the Jewish National Home was to be founded in Palestine and not that Palestine as a whole was to be converted into a Jewish National Home. The Committee noted that the construction, which restricted considerably the scope of the National Home, was made prior to the confirmation of the Mandate by the Council of the League of Nations and was formally accepted at the time by the Executive of the Zionist Organization.[54]
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