P F Tinmore, et al,
It does not change the fact that Palestine, in 1949, was a term that was still being politically used by the Arabs, and attempting to assign some quality of a state or political subdivision; which it did not have.
This confirms the creation of Palestine's international borders and that they remained unchanged in 1949. This is the start point of any discussions on land and borders not some political say so decades in the future..
(MINOR CORRECTIONs)
----------------------------------------------------------- FIRST -----------------------------------------------------------
You noted several times --- using this phrase: "(After the Mandate left Palestine.)"
The "Mandate," a legal instrument of the League of Nations (LoN) --- never went anywhere; it did not leave. The UK, in coordination with the LoN, departed the territory and terminated its role as the Mandatory. The Mandate for Palestine is still valid under:
Article 80 The UN Charter
- Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trusteeship system, and until such agreements have been concluded, nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties.
- Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion of agreements for placing mandated and other territories under the trusteeship system as provided for in Article 77.
You have used this same argument in you previous thrusts ---
Post #582.
----------------------------------------------------------- SECOND -----------------------------------------------------------
The ‘
Centre de Recherche Français à Jérusalem’ (CRFJ), is not an official source or a basis for an official interpretation. The work itself is reputable and worthy, but still an opinion; from Dr. Mutaz M. Qafisheh, Dean, College of Law at Hebron University, oPt. I have read many of his works. This work, which our friend "P F Tinmore" often cites from is a very scholarly effect. But let's be clear, Dr Qafisheh wrote this work for his own kind (fellow students of law) and is Arab Palestinian; framing his argument like any baraster, in a way that best projects his particular point of view. But, --- Dr Qafisheh makes clear --- right in the beginning (
Para 2 - Genesis of Citizenship in Palestine and Israel) ---
Under the Turkish rule, according to the Ottoman Nationality Law of 19 January 1869, Palestine’s inhabitants were Ottoman citizens. At that time, legally speaking, there was nothing called Palestine, Palestinian nationality, or Palestinians, neither was there anything called Israel, Israeli nationality, or Israelis.
(COMMENT)
Having given recognition to the Author and the Source, I must point out that the entire piece is political in nature and written to pacify the pro-Palestinian clients that support the Jihadist and Fedayeen view that "Palestine" --- the word, the location and the people of --- simply by using the word --- gives some credence that their is such a thing. As if using the word ghost or vampire makes the thing real. And it does not take long at all for Dr Qafisheh's little thesis to go astray.
Upon its detachment from the Ottomans, the territory of Palestine became distinct from its neighboring countries. In fact, this separation began between Palestine and the newly created Arab ‘states’: Trans-Jordan (as it was called), Egypt, Syria, and Lebanon. Soon thereafter, Palestine’s frontiers acquired permanent recognition through bilateral agreements with its neighbors. Following the international legal framework that had been established by the 1923 Treaty of Lausanne ending the Ottoman nominal/official sovereignty over the Arab Middle East, each of the four countries instituted a separate nationality for its population through domestic legislation. Nationalities in these countries have since then become well established.
First: "Palestine became distinct from its neighboring countries."
Very misleading!
Correction: Palestine,
as a Mandate, became distinct from its neighboring
Mandates territories.
Second: "In fact, this separation began between Palestine and the newly created Arab ‘states’: Trans-Jordan (as it was called), Egypt, Syria, and Lebanon."
Very misleading!
Correction: In fact, this separation began between British
Mandate for Palestine (which included Trans-Jordan) and the newly created
French Mandates: Syria, and Lebanon.
Britain seized control of Egypt politically in 1882, gradually eroding Egyptian allegiance from the Ottoman Empire until 1914 when Britain seized total control. Partially independent from the UK in 1922, and total independence in June 1953.
Third: "Soon thereafter, Palestine’s frontiers acquired permanent recognition through bilateral agreements with its neighbors."
Again --- Very Misleading!
Correction:
The Territory to which the Mandate for Palestine applied acquired demarcation through the Sykes-Picot Treaty and several other negotiated efforts between the Mandatory Powers.
The difference here is that the "Government of Palestine" was the Administration established by the Mandatory Power. Regionally, there were only two, the French and the British.
Fourth: "Following the international legal framework that had been established by the 1923 Treaty of Lausanne ending the Ottoman nominal/official sovereignty over the Arab Middle East, each of the four countries instituted a separate nationality for its population through domestic legislation."
This is entirely Wrong!!!
---
Correction: "First, the Ottoman Empire and its control over the region ended in 1918 at the signing of the Armistice of Mudros."
NOTE: Palestine:
Information with Provenance (PIWP database) Event #1831 Armistice of Mudros -- Ottoman unconditional surrender
Armistice of Mudros, (Oct. 30, 1918), pact signed at the port of Mudros, on the Aegean island of
Lemnos, between the
Ottoman Empire and Great Britain (representing the
Allied powers) marking the defeat of the
Ottoman Empire in
World War I (1914–18).
Under the terms of the
armistice, the Ottomans surrendered their remaining garrisons of
Hejaz,
Yemen,
Syria, Mesopotamia,
Tripolitania, and Cyrenaica; the Allies were to occupy the Straits of the
Dardanelles and the
Bosporus, Batum (now in southwest Georgia), and the Taurus tunnel system; and the Allies won the right to occupy “in case of disorder” the six Armenian provinces in
Anatolia and to seize “any strategic points” in case of a threat to Allied security. The Ottoman army was demobilized, and Turkish ports, railways, and other strategic points were made available for use by the Allies.
---
Correction: "Following the international legal framework that had been established by the 1923 Treaty of Lausanne ending the Ottoman nominal/official sovereignty over the Arab Middle East, each of the four countries instituted a separate nationality for its population through domestic legislation. Nationalities in these countries have since then become well established."
This is entirely Wrong!!!
The each of the four countries (Palestine, Lebanon, Syria, Jordan) were individual Mandates.
- Lebanon became independent in 1943.
- Syria became independent in 1946.
- Palestine was divided:
- Jordan (1946)
- Israel (1948)
- Palestine (1988)
Relative to the Middle East conflict and the disputes between the Israelis and the Arab Palestinians, this particular source need much work in order to be of any use to the layman.
Most Respectfully,
R
