RE: The NEWER Official Discussion Thread for the creation of Israel, the UN and the British Mandate
⁜→ P F Tinmore, et al,
Well, this is not a correct implication at all. You are mixing two different concepts together as if one directly implicates another.
• The Concept of preventing "Stateless Persons."
• The Concept of "Mandate Governments."
In the Post-War era of 1924, (unlike today) neither implies the other. The standing of persons, who are not considered as a national by any State under the operation of its law, was not generalized and adopted by most nations until the convention of 1954.
The Arab Palestinian refugees receiving aid from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) are one of three categories of persons who are not covered by the protections of
the Convention Relating to the Status of Stateless Persons.
✪ In the case of Palestine, within such boundaries as may be fixed by the PRINCIPAL Allied Powers selected Great Britain as the Mandatory.
Indeed, and by 1924, Palestine, and the other new states, were territories defined by international borders. The people were the nationals of their respective states.
It is said, regularly, that there was no Palestine. That the Mandate was Palestine. This is not true. The 1949 UN Armistice Agreements (the year after the Mandate left Palestine) said that Palestine is still there. That Palestine's international borders are still there.
(COMMENT)
POINT 1:
Of the current nations that border Israel today, only Egypt was an independent state by 1924
(actually ealier). None of the other states, bordering Israel, became independent until the 1940's.
◈ Egypt became independent and separated as a British Protectorate on 28 February 1922
..........................................------------------------------------
◈ Lebanon became independent from the French Mandate on 22 November 1943
◈ Syria became independent from the French Mandate on 17 April 1946
◈ Jordan became independent from the British Mandate on 25 May 1946
I believe you are (again) trying to apply Section
II → Articles 30 thru 36
→ Treaty of Lausanne as an implication of Statehood for a place called Palestine. The concept of preventing "stateless persons" → in that era → were being handled by Treaty. Thus to insure the concept was implemented, the Mandate for Palestine created an artificial government
[the Government of Palestine which accepted all liabilities which maintained and exercised full powers of legislation (law making abilities)].
The 1924 Treaty did NOT make any new independent states. The Treaty, to the extent possible, tried to contain the creation of stateless refugees.
POINT 2:
The Mandate may have terminated, but the Powers of the Mandate merely transferred to the UN via
Article 77 → Chapter XII International Trustee System → UN Charter.
The Armistice Agreements of 1949 did not create borders. It created military demarcation lines. These lines existed only until the Treaties were signed, which THEN established permanent international boundaries relative to the territories in dispute.
(EPILOG)
It is my opinion, that the reason the Arab Palestinians are trying so desperately to establish a pre-existing claim by means of the argument for "indigenous people," is because they understand that any claim prior to the collapse of the Ottoman Empire is bogus.
And
while A/RES/61/295 UN Declaration on the Rights of Indigenous Peoples (2007), 21st Century Laws did not apply, and cannot be retroactively applied to events and decision made in the early 20th Century. In fact, it is still an unanswered question if Declaration on the Rights of Indigenous Peoples, since the term "Indigenous Peoples" is undefined. Some concepts that should be considered in questions such as under discussion here; especially in implied or direct accusations against Israel.
◈ The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
◈ The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
◈ No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute.
◈ In the event of a change in the law applicable to a given case prior to a final judgement, the law more favourable to the person being investigated, prosecuted or convicted shall apply.
In the Post-War era of 1924, (unlike today) neither implies the other. The standing of persons, who are not considered as a national by any State under the operation of its law, was not generalized and adopted by most nations until the convention of 1954.
P F Tinmore said:
The Palestinians were not stateless. They were citizens of Palestine.
(COMMENT)
WRONG
!
They were citizens of the Ottoman Empire. Then on the surrender and the renouncement of rights and title (Article 16) the Mandate for Palestine and the associated Orders in Council and the Citizenship Orders, they became citizens of the Government of Palestine
(under the control of Great Britain).
Most Respectfully,
R