P F Tinmore
Diamond Member
- Dec 6, 2009
- 83,294
- 4,681
- 1,815
Drawing up the framework of nationality, Article 30 of the Treaty of Lausanne stated:
“Turkish subjects habitually resident in territory which in accordance with the provisions of the present Treaty is detached from Turkey will become ipso facto, in the conditions laid down by the local law, nationals of the State to which such territory is transferred.”
--------------------------------
The automatic, ipso facto, change from Ottoman to Palestinian nationality was dealt with in Article 1, paragraph 1, of the Citizenship Order, which declared:
“Turkish subjects habitually resident in the territory of Palestine upon the 1st day of August, 1925, shall become Palestinian citizens.”--------------------------------
Chapter 3: Citizenship, International Conventions and Financial Obligations
1. Citizenship Palestinian citizens residing in Palestine outside the City of Jerusalem, as well as Arabs and Jews who, not holding Palestinian citizenship, reside in Palestine outside the City of Jerusalem shall, upon the recognition of independence, become citizens of the State in which they are resident and enjoy full civil and political rights.
The Avalon Project : UN General Assembly Resolution 181
You can't use 181. It was never implemented. (Due to Arab rejection).
The other two I accept. They claim that Turkish subjects will become nationals of the State to which the territory is transferred, which would be the Mandate for Palestine which became Israel.
There is still no requirement, under customary law, for refugees to be required to be returned to their countries of origin, especially during times of continued political upheaval and conflict. It is merely one of three customary options. UNHRC even states it is the preferred option, but this does not make it incumbent upon States to accept the return of a staggeringly huge number of belligerent (or potentially belligerent) refugees. (And it certainly does not grant those refugees the right to self-determination. Imagine 6 million Jewish refugees returning to the surrounding Arab nations and demanding self-determination? And using the exact same arguments that those calling for Palestinian self-determination are doing.)
One could argue that the conflict in Israel is essentially a civil war,(as opposed to a war between nations) and thus the refugees would be returning to Israel, but under a peace treaty will be a new sovereign State seceding from Israel.
Either way, practicality rules the day with respect to customary law and refugees. What do you think of my solution to the refugee problem?
You can't use 181. It was never implemented. (Due to Arab rejection).
I know that Resolution 181 flopped and has no meaning. I only referenced it to show that the rules of succession were mentioned there also.