RE: Who Are The Palestinians? Part 2
※→ P F Tinmore,
et al,
You have twisted this for so long, you are beginning to believe it.
The customary international law of the time was that the “the population follows the change of sovereignty in matters of
nationality.” BUT, there was no sovereignty under the trusteeship of the Mandate.
So you are saying that people follow the sovereignty but the sovereignty vanished? The Mandate was an administration. It had no sovereignty. The sovereignty stayed with the people
(CASE EXAMPLES)
I am an American Citizen in Ohio. If I step over the border into Ontario, I am still an American Citizen. In the first case, I am an American in Sovereign US Territory. In the second case, I am an American in sovereign Canadian Territory.
On March 30th. 1867, the US purchased the Alaskan Territory from Russia. On March 30, the people of Alaska were Russian under Russian Sovereignty. On April 1st, the Territory was under US Sovereignty.
The Treaty of Cessions (Article IIII) stipulated that:
The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Russia within three years; but if they should prefer to remain in the ceded territory, they, with the exception of uncivilized native tribes, shall be admitted to the enjoyment of all the rights, advantages, and immunities of citizens of the United States, and shall be maintained and protected in the free enjoyment of their liberty, property, and religion. The uncivilized tribes will be subject to such laws and regulations as the United States may, from time to time, adopt in regard to aboriginal tribes of that country.
Article III was a variant of self-determination.
Citizenship follows Sovereignty; sovereignty does not follow citizenship.
(COMMENT)
At the end of the War, the collapse of the Ottoman Empire (1918) and the formality of cession of the territory by the Republic of Turkey (1924), the territory under Mandate was NOT the sovereign territory of any nation.
• ARTICLE I6. Treaty of Lausanne •
Turkey hereby renounces all rights and title whatsoever over or respecting the territories situated outside the frontiers laid down in the present Treaty and the islands other than those over which her sovereignty is recognised by the said Treaty,
the future of these territories and islands being settled or to be settled by the parties concerned.
The provisions of the present Article do not prejudice any special arrangements arising from neighbourly relations which have been or may be concluded between Turkey and any limitrophe countries.
Article 16 to the Treaty of Lausanne replaced
Article 132 in the Treaty of Sevres:
• ARTICLE 132 Treaty of Sevres •
Outside her frontiers as fixed by the present Treaty Turkey hereby renounces in favour of the Principal Allied Powers all rights and title which she could claim on any ground over or concerning any territories outside Europe which are not otherwise disposed of by the present Treaty.
Turkey undertakes to recognise and conform to the measures which may be taken now or in the future by the Principal Allied Powers, in agreement where necessary with third Powers, in order to carry the above stipulation into effect.
Final Point: I did not say that the Mandate had sovereignty. The Allied Powers determined what powers the Mandatory would exercise over the territory. It was always envisioned that the administration of Palestine, within such boundaries as may be determined by the Principal Allied Powers, placed in the hands of the Mandatory Power.
Some argue that Article 132 was more explicit and some favor Article 16. In any event, the indigenous population (habitual residents) did not transfer with any authority --- none. Even citizenship was determined at the pleasure of the Citizenship Order (and the Election Order before it) written by the Mandatory.
Most Respectfully,
R