RE: The NEWER Official Discussion Thread for the creation of Israel, the UN and the British Mandate
⁜→ P F Tinmore, et al,
OK, let's backup here, and understand who the players are:
It was not British land. The Mandates were trustees.
(COMMENT)
Who the players are is a very important distinction.
The "Mandate for Palestine" starts with the opening phrase:
"Whereas the Principal Allied Powers have agreed,"
Let there be no mistake... The Mandate represented an agreement between the "PRINCIPAL" Allied Powers. It was the PRINCIPAL Allied Powers that set the conditions as to the appearance of the Mandate and the Mandatories.
✪ In the case of Palestine, within such boundaries as may be fixed by the PRINCIPAL Allied Powers selected Great Britain as the Mandatory.
✪ The responsibility for implementing the Balfour Declaration was a decision by the Principal Allied Powers.
It was not "the territory," it was Palestine. The Palestinians have the right to territorial integrity.
(COMMENT)
Wrong again:
In 1920
(during the San Remo Convention) → up and until August 1922
[during the final formulation of the terms submitted to the Council of the League of Nations (LoN)] such boundaries had not yet been fixed.
Under the description, pursuant to
the Palestine Order in Council (August 1922) → "the limits of this Order are
the territories to which the Mandate for Palestine applies, hereinafter described as Palestine."
AND: as cited in the Preamble: And whereas, by treaty, capitulation, grant, usage, sufferance and other lawful means, His Majesty has power and jurisdiction within Palestine.
◈
Great Britain had the power and jurisdiction within "Palestine"
(no matter what you want to call it).
Not so. The Mandates had a non annexation policy. The land was ceded to the respective new states.
(COMMENT)
Wrong again. The word "Annex" or "Annexation" was not used even once in the entirety of the Mandate.
Don't confuse Article 5 with a prohibition relative to Annexation. What it says
(as agreed to by the Principal Allied Powers) that NO "territory shall be ceded or leased to, or in any way placed under the control of, the Government of any foreign Power."
This is a circular order, in which the Principal Allied Power is telling itself, a Principal Allied Power, there is a limit. Remembering that the "Mandatory shall have
full powers of legislation and of administration, save as they may be limited by the terms of this mandate."
What limits there are in the Mandate and in the Orders in Council are in place at the discretion of the Principal Allied Powers and no other. And what is put in place by the Principal Allied Powers, can be lifted by the Allied Powers.
Most Respectfully,
R