RoccoR
Gold Member
montelatici, et al,
OK, if you say it is the "Law" and the Mandatory's interpretation, then ---
(OBSERVATION)
(COMMENT)
The Mandatory never approved the policy position in the 1939 White Paper. It was not, in any way, a facet of law. Further, the UK aborted the policy. The UK referred the matter to the UN, which culminated in the 1947 Recommendations that became General Assembly 181(II) (AKA: The Partition Plan).
For some reason, the pro-Palestinian side is always trying to attribute some violation of law to the Mandatory. They keep raising the issue of "civil and religious rights" to the equation. The matter of protecting and interpreting what those "civil and religious" rights were is something of a quandary (a state of uncertainty or indecision as to what to do in a difficult situation) given the irreconcilable difference cited. It was the Allied Powers, in 1920 (90 years ago), that stipulated the protections of "civil and religious" rights, and up to the Allied Powers to determine what those rights were and what constituted there protection. No one today knows what the 1920 version of those rights were, when they were bestowed and conveyed, ---- and ---- to a large degree, what impact they have today. Those rights, as they were understood then, were never really codified. Certainly, the "civil and religious" rights of the 1920's were considerably different than what we attribute them to be today.
One more time: The policies expressed in the 1939 White Paper were never approved by either the House of Commons (Mandatory per the Foreign Secretary), or the LoN Mandate Council (No Order in Council was promulgated), or by the UN International Trusteeship System under Chapter XII of the Charter. The British Foreign Secretary (A/AC 14/8 2 OCT 47) asked the United Nations (FEB 47) to "consider our report, and to recommend a settlement of the problem." Hence the recommendations (submitted AUG 47) of the UN Special Committee on Palestine (UNSCOP), and adopted by the General Assembly (NOV 47).
Most Respectfully,
R
OK, if you say it is the "Law" and the Mandatory's interpretation, then ---
Not at the expense of the non-Jews as the Mandate clearly stated. I am in favor of a secular state where people have equal rights. What the Mandatory wanted. That is not the case in the areas Israel controls. The White Paper was the Mandatory's interpretation of the Mandate, hence the law.
(OBSERVATION)
The White Paper of May 1939* - The Political History of Palestine under British Administration said:126. When the second World War came to an end in 1945, it was not possible for the mandatory Power to give full effect to the policy set out in the White Paper of 1939. The League of Nations, to which that document was to have been submitted for approval, no longer existed. And the tragic fate of the Jewish people in Europe had created a demand that the Palestine problem should be examined again in relation to the needs of the survivors of racial persecution.
130. The Report was published in London and Washington on the 30th April. On the evening of that day President Truman issued a statement which read in part as follows:-
“I am very happy that the request which I made for the immediate admission of 100,000 Jews into Palestine has been unanimously endorsed by the Anglo-American committee of Inquiry. The transference of these unfortunate people should now be accomplished with the greatest despatch… I am also pleased that the committee recommends in effect the abrogation of the White Paper of 1939 including existing restrictions on immigration and land acquisition to permit the further development of the Jewish national home. It is also gratifying that the report envisages the carrying out of large scale economic development projects in Palestine which would facilitate further immigration and be of benefit to the entire population. In addition to those immediate objectives the report deals with many other questions of long-range political policies and questions of international law which require careful study and which I will take under advisement.”
154. This decision was announced to the House of Commons by the Foreign Secretary on the 18th February 1947. In the course of his speech he said:-
“His Majesty’s Government have …been faced with an irreconcilable conflict of principles. There are in Palestine about 1,200,000 Arabs and 600,000 Jews. For the Jews the essential point of principle is the creation of sovereign Jewish State. For the Arabs, the essential point of principle is to resist to the last the establishment of Jewish sovereignty in any part of Palestine. The discussions of the last moth have quite clearly shown that there is no prospect of resolving this conflict by any settlement negotiated between the parties. But if the conflict has to be resolved by an arbitrary decision, that is not a decision which His Majesty'’ Government are empowered, as Mandatory, to take. His Majesty’s government have of themselves no power, under the terms of the Mandate, to award the country either to the Arabs or to the Jews, or even to partition it between them.
It is in these circumstances that we have decided that we are unable to accept the scheme put forward either by the Arabs or by the Jews, or to impose ourselves a solution or our own. We have, therefore, reached the conclusion that the only course now open to us is to submit the problem to the judgement of the United Nations. We intend to place before them an historical account of the way in which His majesty’s government have discharged their trust in Palestine over the last twenty-five years. We shall explain that the Mandate has proved to be unworkable in practice, and that the obligations undertaken to the two communities in Palestine have been shown to be irreconcilable. We shall describe the various proposals which have been put forward for dealing with the situation, namely, the Arab Plan, the Zionist’s aspirations, so far as we have been able to ascertain them, the proposals of the Anglo-American committee and the various proposals which we ourselves have put forward. We shall then ask the United Nations to consider our report, and to recommend a settlement of the problem. We do not intend ourselves to recommend any particular solution.”
London,
July 1947
(COMMENT)
The Mandatory never approved the policy position in the 1939 White Paper. It was not, in any way, a facet of law. Further, the UK aborted the policy. The UK referred the matter to the UN, which culminated in the 1947 Recommendations that became General Assembly 181(II) (AKA: The Partition Plan).
For some reason, the pro-Palestinian side is always trying to attribute some violation of law to the Mandatory. They keep raising the issue of "civil and religious rights" to the equation. The matter of protecting and interpreting what those "civil and religious" rights were is something of a quandary (a state of uncertainty or indecision as to what to do in a difficult situation) given the irreconcilable difference cited. It was the Allied Powers, in 1920 (90 years ago), that stipulated the protections of "civil and religious" rights, and up to the Allied Powers to determine what those rights were and what constituted there protection. No one today knows what the 1920 version of those rights were, when they were bestowed and conveyed, ---- and ---- to a large degree, what impact they have today. Those rights, as they were understood then, were never really codified. Certainly, the "civil and religious" rights of the 1920's were considerably different than what we attribute them to be today.
One more time: The policies expressed in the 1939 White Paper were never approved by either the House of Commons (Mandatory per the Foreign Secretary), or the LoN Mandate Council (No Order in Council was promulgated), or by the UN International Trusteeship System under Chapter XII of the Charter. The British Foreign Secretary (A/AC 14/8 2 OCT 47) asked the United Nations (FEB 47) to "consider our report, and to recommend a settlement of the problem." Hence the recommendations (submitted AUG 47) of the UN Special Committee on Palestine (UNSCOP), and adopted by the General Assembly (NOV 47).
Chapter 1: The question of Palestine before the United Nations said:UNSCOP completed its work on 31 August 1947, with its members agreeing on the question of terminating the Mandate, the principle of independence and the role of the United Nations. There was no consensus, however, on a settlement of the question of Palestine. The committee considered two proposals on the question of Palestine: the majority and minority proposals. The majority of the members recommended that Palestine be partitioned into an Arab State and a Jewish State, with a special international status for the city of Jerusalem under the administrative authority of the United Nations. The three entities were to be linked in an economic union. The minority plan called for an independent federated structure comprising an Arab State and a Jewish State, with Jerusalem as the capital of the federation.
Most Respectfully,
R
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