P F Tinmore, et al,
Baggage or no baggage, the rule of law and the precedent for the ruling does not change.
Kosovo and Palestine were two completely different scenarios. Kosovo declared independence under considerable legal and political baggage. Palestine, however, had no legal baggage when it declared independence in 1948.
(COMMENT)
That is not true. The declaration of the
All Palestine Government (APG) in 1948, was as bogus as it gets.
• One people (APG) cannot claim independence (September 1948) over an area claimed previously
declared independent (May 1948) by another people (National Council for the State of Israel).
• The APG cannot declare independence over territory it did not control. The Israeli Defense Force controlled a substantial portion of the territory identified as the recommended allocation for the Jewish State.
• The APG was political curiosity established by the Arab League
(not a Palestinian Provisional Government and controlled by the Egyptian Military governorship) on 22 September 1948 during the 1948 Arab-Israeli War. The APG was dissoleved in 1959 by the Egyptian Government
(not a Palestinian Provisional Government).
Neither the LoN nor the Mandate claimed possession of Palestine. They merely held Palestine in trust until the people could stand alone. The mandate could not and did not change Palestine's legal status.
(COMMENT)
Well, you almost have it right. First it was not held in trust for the Palestinian People. The League of Nations Covenant said: "
Certain communities" formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognised subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone." The term "Certain Communities" is not necessarily inclusive of the Palestinian People.
Nowhere in the
League of Nation Covenant is the phrase "held in trust" used or implied. The Covenant says: "To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilisation and that securities for the performance of this trust should be embodied in this Covenant.
Part II - Mandate Regime --- Series of League of Nations Publications VI.A. MANDATES 1945. VI.A. 1
The
Palestine Mandate is of a very special character. While it follows the main lines laid down by the Covenant for "A" Mandates, it also contains a number of provisions designed to apply the policy defined by the "Balfour Declaration" of November 2nd, 1917. By this declaration, the British Government had announced its intention to encourage 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. The Mandate reproduces the Balfour Declaration almost in full in its preamble and states that "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".
Accordingly, under the terms of the Mandate, the Mandatory is to be responsible for placing the country under such political, administrative and economic conditions as will secure the establishment of the Jewish national home, 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. The Mandate also provides for the recognition as a public body of a Jewish agency which is to advise and co-operate 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. At first and in accordance with the terms of the Mandate, this role was entrusted to the Zionist Organisation; later, however, from 1929 onwards, that organisation was replaced by the "Jewish Agency for Palestine", which includes representatives not only of the Zionist Organisation but also of other Jewish bodies in various countries. In consultation with the Mandatory, this agency takes steps to secure the co-operation of all Jews willing to assist in the establishment of the Jewish national home. While ensuring that the rights and position of other sections of the population are not prejudiced, the Administration, for its part, must facilitate Jewish immigration under suitable conditions and, in co-operation with the Jewish agency, encourage close settlement by Jews on the land, including State lands and waste lands not required for public purposes. A nationality law is to be enacted containing provisions framed so as to facilitate the acquisition of Palestinian citizenship by Jews who take up their permanent residence in Palestine.
The League of Nation Covenant does not address the Mandates specifically, nor any specific territory assigned to Palestine.
Britain failed to accomplish any of its goals and otherwise fucked up so bad that they transferred its trusteeship to UNSCOP and left. UNSCOP failed to assume its responsibilities.
(COMMENT)
The "
Successor Government" immediately after the British Mandate was the UN Palestine Commission (UNPC). Many times you have made the accusation that the UNPCdid not accomplish its tasks; never taking into account that the Arab League Armies opened their offensive on the same day (15 May 1948) that the UNPC was to assume governmental responsibilities. One of the purpose to the Hostile Offensive by the Arab League was to defying the resolution of the General Assembly and engaged in a deliberate effort to politically alter by force the Partition Program through external interference. The UN
Relieved the Palestine Commission from the further exercise of responsibilities under resolution 181 (II) of 29 November 1947 and HAVING ADOPTED a resolution providing for the appointment of a
United Nations Mediator in Palestine, which relieves the United Nations Palestine Commission from the further exercise of its responsibilities,
The people, the land, and the international borders remained unchanged. Palestine remained a non self governing territory. As the native population the Palestinians have the right to self determination without external interference, the right to independence and sovereignty, and the right to territorial integrity as subsequent UN resolutions have confirmed.
This is the backdrop for Palestine's 1948 declaration of independence that was in complete compliance with international law.
(COMMENT)
The general inference you mention is a split citation from the
Declaration on the Granting of Independence to Colonial Countries and Peoples Adopted by General Assembly Resolution 1514 (XV) of 14 December 1960; and Chapter XI (UN Charter) Declarations Regarding non-Self-governeing Territories. It changes nothing in that the non-self-governing territory after the conclusion of the Mandate (May 1948), was declared independent by the National Council and Provisional Government of Israel. This was well before the APG declaration of September 1948. The territory controlled by Israel was no longer non-self-governing.
Most Respectfully,
R