San Remo Mandate

[bigross86]

Zraver, Blademaster, InExile, Doktor, et al.... In continuation to the other Israel thread, I'm interested in what you think about this video. If what they say in the video is true (researching now, but so far it rings true), than every single one of Zraver's arguments about the legality or illegality of Israel in the West Bank is destroyed. Interested in what you guys have to say

[InExile]

I am far from convinced; but assuming for arguments sake; there is some merit to that argument. Say the West Bank is Israeli and Israel can build all the settlements that they want; in that case what rights are the two million Palestinians entitled to? Are they just second class citizens; or no citizens at all? I am pretty sure there is no justification in International law to deny basic rights to people in their own country.

There is no need for the heated arguments of the previous thread.

[zraver]

I am far from convinced; but assuming for arguments sake; there is some merit to that argument. Say the West Bank is Israeli and Israel can build all the settlements that they want; in that case what rights are the two million Palestinians entitled to? Are they just second class citizens; or no citizens at all? I am pretty sure there is no justification in International law to deny basic rights to people in their own country.

There is no need for the heated arguments of the previous thread.

The argument has no-heft, the group advancing it is a joke that ignores actual international law, the actual mandate and history to spin a story that has zero relation to the truth.

1. International agreements are not settled as this violates the principle of sovereignty. States may come together to change, reject, end or start new international agreements as they decide. Examples include the various laws of armed conflict treaties, the creation of the UN and dissolution of the LoN. Hell if things once settled were always settled then the exile of the Jews by Rome and later Byzantium and the crusaders would still be legally binding.

2. From the mandate's preamble- which might prejudice the civil and religious rights of existing non-Jewish communities in Palestine

3. From the LoNC art 22. Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognized subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone. The wishes of these communities must be a principal consideration in the selection of the Mandatory.

4. LONC art 23 (b) undertake to secure just treatment of the native inhabitants of territories under their control;

5. The final act of the LONC (resolution for dissolution 1946) 1. Resolution for the Dissolution of the League of Nations, Adopted by the Assembly on April 18, 1946.1

The Assembly of the League of Nations,

Considering that the Charter of the United Nations has created, for purposes of the same nature as those for which the League of Nations was established, an international organisation known as the United Nations to which all States may be admitted as Members on the conditions prescribed by the Charter and to which the great majority of the Members of the League already belong;

Desiring to promote, so far as lies in its power, the continuation, development and success of international co-operation in the new form adopted by the United Nations;

Considering that, since the new organisation has now commenced to exercise its functions, the League of Nations may be dissolved; and

Considering that, under Article 3, paragraph 3, of the Covenant, the Assembly may deal at its meetings with any matter within the sphere of action of the League:

6. The Mandate was not created by the LoN, but entrusted to it, and the LoN entrusted it to the UN.

7. If it is settled law, then the UN not Israel has the right of control in Jerusalem per article 14 of the mandate.

8. article 15 of the mandate- Article 15.

The Mandatory shall see that complete freedom of conscience and the free exercise of all forms of worship, subject only to the maintenance of public order and morals are ensured to all. No discrimination of any kind shall be made between the inhabitants of Palestine on the ground of race, religion or language. No person shall be excluded from Palestine on the sole ground of his religious belief.

As you can see Israel is in violation of the very instrument it claims gives it legitimacy.

9. Article 17.

The Administration of Palestine may organize on a voluntary basis the forces necessary for the preservation of peace and order, and also for the defence of the country, subject however, to the supervision of the Mandatory, but shall not use them for purposes other than those above specified save with the consent of the Mandatory. Except for such purposes no military, naval or air forces shall be raised or maintained by the Administration of Palestine.

According to the mandate the armed Palestinian groups are legal....

As you can see the ideas advanced at San Remeo Mandate not only violated the LoNC, but the mandate is not Moses' Ten Commandments written in stone. The idea that one power can give to another a third group of peoples is colonialism and in violation of the principles of self determination enshrined by the UN. The division of Palestine by the UNGA was an attempt to split the difference between what the UK had promised, European guilt over the Holocaust and the rights of the Palestinians- it most definitely was not over stepping its powers as regards to Jews, but may well have done so with the Palestinians.