P F Tinmore,
et al,
A misinterpretation of the obvious. The
Treaty of Lausanne does not mention Palestine even once. It does not alter the
Palestine Order in Council or the
Mandate, or the interpretation of Article 22 of the
LoN Covenant.
We have to remember that there were no Palestinians until they decided to call themselves that. They must have been laughing over this at the State Department when this happened. As one retired poster from the State Department had to say.........
Sure there was a Palestine. It was invented in the 1960s in a conference room at 1 Lubyanka, Dzershinsky Place, Red Square, Moscow, CCCP. It came complete with a "Palestinian people" too. In fact, its legacy leader was trained east of Moscow at the legendary Balashikha special-ops school.
The status of Palestine and the nationality of its inhabitants were finally settled by the Treaty of Lausanne from the perspective of public international law. In a report submitted to the League of Nations, the British government pointed out: “The ratification of the Treaty of Lausanne in Aug., 1924, finally regularised the international status of Palestine.”123 And, thereafter, “Palestine could, at last, obtain a separate nationality.”124
Genesis of Citizenship in Palestine and Israel
(COMMENT)
Under the Treaty of Lausanne, the territory now discussed, formerly the Mandate of Palestine, as designated in Part I, Paragraph 1 of the
Palestine Order in Council, was under the general heading of SECTION I, PART I, TERRITORIAL CLAUSES, ARTICLE 3 - From the Mediterranean to the frontier of Persia, the frontier of Turkey is laid down as follows:
- (1) With Syria:
- (2) With Iraq:
This Palestinian fallacy was discussed at length in
Post #87 (U.N. rights inquiry says Israel must remove settlers). And the issue of "nationality" was laid down in the Treaty of Lausanne in SECTION II - NATIONALITY - ARTICLES 30 thru 36. Yes there was a choice to be made, but "Palestinian" was not one of the choices. Hence, the need for Order in Council clarification:
And in reading the order, one must remember what is being said when they use the word "Palestine."
The Palestine Order in Council said:
PART I. - PRELIMINARY.
1. This Order may be cited as "The Palestine Order in Council, 1922."
The limits of this Order are the territories to which the Mandate for Palestine applies, hereinafter described as Palestine.
SOURCE: The Palestine Order in Council
Finally, it is important to remember the 1948 interpretation of Palestine:
UK MEMORANDUM NAMES COMMISSION AS SUCCESSOR GOVERNMENT said:
"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. -
SOURCE: PAL/138 27 February 1948
From beginning to end - Palestine
(which describes the Mandate for Palestine as the assigned interpretation) was nothing more than a "legal entity" and never a sovereign state until its Declaration of Independence in 1988; and even then, as a self-governing institution, under a stable government, able to stand alone, it is still arguable.
Most Respectfully,
R