Israel’s entitlement to APPLY SOVEREIGNTY in Judea, Shomron/Samaria and the Jordan Valley is grounded in the legal rights vested by the international community in the Jewish People pursuant to:
The San Remo Resolution dated 25 April 1920:
The San Remo Conference was an international meeting held following the conclusion of World War I that determined the precise boundaries for territories captured by the Allies.
The conference, attended by Great Britain, France, Italy, and Japan– with the United States as a neutral observer, was held in San Remo, Italy, in April 1920. The conference was a continuation of a previous meeting between these Allied powers that had been held in London in February 1920, where it was decided, among other things, to put Palestine under British Mandatory rule. At San Remo, the Allies confirmed the pledge contained in the Balfour Declaration concerning the establishment of a Jewish national home in Palestine.
The British delegation to San Remo was headed by Prime Minister David Lloyd George and Lord Curzon, who had replaced Lord Balfour as foreign minister in 1919. Balfour, however, was also present at the conference as a consultant for final settlement issues. At both meetings the French expressed many reservations about the inclusion of the Balfour Declaration in the peace treaty, and it was only after the exertion of British pressure that they were gradually persuaded to agree to it.
The Conference was also attended by Chaim Weizmann, Nahum Sokolow, and Herbert Samuel, who presented a memorandum to the British delegation on the final settlement in the Eastern Mediterranean region. The article concerning Palestine was debated on April 24 and the next day it was finally resolved to incorporate the Balfour Declaration in Britain’s mandate in Palestine. Thus Britain was made responsible “for putting into effect the declaration made on the 8th [sic.] November 1917 by the British Government and adopted by the other Allied Powers, in favor of the establishment in Palestine of a national home for the Jewish people; it being clearly understood that nothing should be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.”
The resolution at San Remo was celebrated by mass rallies throughout the Jewish world.
Sources: Encyclopaedia Judaica. © 2008 The Gale Group. All Rights Reserved.
L. Stein, The Balfour Declaration (1961), 652–63; C. Weizmann, Trial and Error (1949), 321–5; D. Lloyd George, The Truth About the Peace Conference, 2 (1938), 1167–75, 1182–90; J. Nevakivi, Britain, France and the Arab Middle East (1969), 240–54 and index.
- Article 95 Treaty of Sevres dated 10 August 1920:
The High Contracting Parties agree to entrust, by application of the provisions of Article 22, the administration of Palestine, within such boundaries as may be determined by the Principal Allied Powers, to a Mandatory to be selected by the said Powers.
- Article 6 Mandate for Palestine dated 24 July 1922:Article 6 of the “Mandate” clearly states:
“The Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions and shall encourage, in co-operation with the Jewish agency referred to in Article 4, close settlement by Jews on the land, including State lands and waste lands not required for public purposes.”
- Article 16 Treaty of Lausanne dated 24 July 1923: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.
- The Anglo-American Treaty of 3 December 1924:
- Article 5 “The Mandatory shall be responsible for seeing that no Palestine territory shall be ceded or leased to, or in any way placed under the control of, the Government of any foreign Power.”
- Article 15 “No person shall be excluded from Palestine on the sole ground of his religious belief.”
- Article 25 “In the territories lying between the Jordan and the eastern boundary of Palestine as ultimately determined, the Mandatory shall be entitled, with the consent of the Council of the League of Nations, to postpone or withhold application of such provisions of this mandate as he may consider inapplicable to the existing local conditions, and to make such provision for the administration of the territories as he may consider suitable to those conditions, provided that no action shall be taken which is inconsistent with the provisions of Articles 15, 16 and 18.”
- CLEARLY postpone or withhold and administration of cannot be construed as a right delegated to the Mandatory (the United Kingdom of Great Britain) to grant sovereignty to a foreign power (viz the Hashemites of the Kingdom of the Hejaz – Mecca, Arabia) as such a grant of sovereignty violates the terms of Articles 5 and 15 of the Treaty and the Mandate for Palestine!!!
Though the 1924 Anglo-American Convention expired when the Mandate for Palestine was terminated midnight May 14/15, 1948, the principle of “Acquired Legal Rights,” as defined in the 1969 Vienna Convention on the Law of Treaties, Article 70(1)(b), dictates that rights recognized and protected under a treaty do not expire or terminate when the legal instrument recognizing the rights is terminated. In other words, rights continue without end.
As such, American and UK foreign policy must comport with the terms of the Mandate for Palestine and the Anglo-American Treaty (Convention) of 1924.
America protested the UK’s White Paper of 1939 as a violation of and repudiation of the Mandate and of Article 7 of the Convention which stipulated:
“Nothing contained in the present convention shall be affected by any modification which may be made in terms of the mandate, as recited above, unless such modification shall have been assented to by the United States.”
- Article 80 United Nations Charter 1945:
“1. 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.
2. 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.”