Lord Curzon on Palestine as a Class A Mandate: League of Nations said ‘Homeland for Jews’ not a Legal Claim on Territory
Published on March 18th, 2010Written by: Juan Cole
I posted Tuesday on the legal implications of the*League of Nations’ recognition of Palestine as a “Class A” Mandate, i.e. a former Ottoman territory nearly ready for national independence, to which the mandatory authority (i.e. Britain) was to lend ‘administrative assistance’ in its attainment of independence. I received some strange mail from fanatics afterward, insisting that the British Mandate of Palestine was not recognized as a Class A Mandate. A scholar also wrote me to point out that unlike the case with Iraq and Syria, the British brought the Balfour Declaration into the Mandate document. The latter is true, but not relevant to my point, since the League of Nations interpreted the language of the declaration differently than did the Zionists. Others complained that the map starts in the mid-1920s after the British had already hived off Transjordan. But so what? If Class A Mandates were almost ready for independence, why couldn’t some portion of them be granted independence first? The French also split the Mandate of Syria into two parts, Syria and Lebanon. What has that got to do with anything?
As for the language about a Jewish homeland, by that was not meant a territorial state on Palestinian land. Curzon is clear that although the Powers at the Versailles conferences after WW I recognized a Jewish connection to Palestine and the Balfour Declaration,“this was far from constituting anything in the nature of a legal claim . . .”*He also reports that the Powers said that “while Mr. Balfour’s Declaration had provided for the establishment of a Jewish National Home in Palestine,*this was not the same thing as the reconstitution of Palestine as a Jewish National Home–an extension of the phrase for which there was no justification*. . .”As regards the Palestine Mandate, this Mandate also has passed through several revises. When it was first shown to the French Government it at once excited their vehement criticisms on the ground of its almost exclusively Zionist complexion and of the manner in which the interests and rights of the Arab majority (amounting to about nine-tenths of the population) were ignored. The Italian Government expressed similar apprehensions. It was felt that this would constitute a very serious, and possibly a fatal, objection when the Mandate came ultimately before the Council of the League. The Mandate, therefore, was largely rewritten, and finally received their assent. It was also considered by an Inter-Departmental Conference here, in which the Foreign Office, Board of Trade, War Office and India Office were represented, and which passed the final draft.In the course of these discussions strong objection was taken to a statement which had been inserted in the Preamble of the first draft to the following effect:— ” Recognising the historical connection of the Jewish people with Palestine and the claim which this gives them to reconstitute Palestine as their National Home.”367 [4996]It was pointed out (1) that, while the Powers had unquestionably recognised the historical connection of the Jews with Palestine by their formal acceptance of the Balfour Declaration and their textual incorporation of it in the Turkish Peace Treaty drafted at San Remo, this was far from constituting anything in the nature of a legal claim, and that the use of such words might be, and was, indeed, certain to be, used as the basis of all sorts of political claims by the Zionists for the control of Palestinian administration in the future, and ;2) that, while Mr. Balfour’s Declaration had provided for the establishment of a Jewish National Home in Palestine, this was not the same thing as the reconstitution of Palestine as a Jewish National Home–an extension of the phrase for which there was no justification, and which was certain to be employed in the future as the basis for claims of the character to which I have referred. On the other hand, the Zionists pleaded for the insertion of some such phrase in the preamble, on the ground that it would make all the difference to the money that they aspired to raise in foreign, countries for the development of Palestine. Mr. Balfour, who interested himself keenly in their case, admitted, however, the force of the above contentions, and, on the eve of leaving for Geneva, suggested an alternative form of words which I am prepared to recommend.Paragraph 3 of the Preamble would then conclude as follows (vide the words italicised in the Draft-;” and whereas recognition lias thereby (i.e., by the Treaty of Sevres) been given to the historical connection of the Jewish people with Palestine, and to the grounds for reconstituting their National Home in that country.”
Lord Curzon on Palestine as a Class A Mandate: League of Nations said ?Homeland for Jews? not a Legal Claim on Territory | Informed Comment
