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This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

WHY

, during the period between 1917 and 1947, did hundreds of thousands of

Jews throughout the world wake up one morning and decide to leave their
homes and go to Palestine?

This Land is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

Palestine is a Geographical Area - Not a Nationality

“

Briefly stated, the boundaries are as follows:

“

North

– From Ras en Naqura on the Mediterranean eastwards to a

point west of Qadas, thence in a northerly direction to Metulla, thence
east to a point west of Banias.

“

East

– From Banias in a southerly direction east of Lake Hula to

Jisr Banat Ya

’

pub, thence along a line east of the Jordan and the Lake

of Tiberias and on to El Hamme station on the Samakh-Deraa railway
line, thence along the centre of the river Yarmuq to its confluence with
the Jordan, thence along the centres of the Jordan, the Dead Sea
and the Wadi Araba to a point on the Gulf of Aqaba two miles west of
the town of Aqaba, thence along the shore of the Gulf of Aqaba to Ras
Jaba.

“

South

– From Ras Jaba in a generally north-westerly direction to the

junction of the Neki-Aqaba and Gaza Aqaba Roads, thence to a point
west-north-west of Ain Maghara and thence to a point on the
Mediterranean coast north-west of Rafa.

“

West

– The Mediterranean Sea.

”

Report to the Council of the League of Nations on the Administration of

Palestine and Trans-Jordan for the year 1938

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

The

“

Mandate for Palestine

”

& The British Mandate

Trust:

“

Mandate for Palestine

”

(Legally binding document)

“

The Mandates of the League of Nations have a

special status in international law. They are

considered to be trusts, indeed

‘

sacred trusts.

’”

Professor Eugene V. Rostow

Trustee:

The British Mandate

(Known as the Mandatory)

Great Britain was entrusted by the League of

Nations with the responsibility to administer the

area of Palestine in accordance with the provisions

of the articles of the

“

Mandate for Palestine.

”

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

Terminology With Heritage

“

Recognition … to the

Historical Connection

the Jewish People with Palestine

(Preamble to the Mandate)

“

Redemption of Palestine

(Report of the High Commissioner 1920-1925)

“

Recreation

of Palestine as the National Home of

the Jewish race.

(U.S. Congress 1922)

“

Rebuilding

of their ancient homeland

”

(U.S. Congress 1922)

“

Reconstituting

their National Home in that

Country

[Palestine]

(Preamble to the Mandate)

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

Most Significant Events in Modern History Leading to

the Creation of the Jewish National Home

The Founding of Modern Zionism

Benjamin Ze

’

ev Herzl (May 2, 1860 – July 3, 1904)

II.

The Balfour Declaration

The British Foreign Office, November 2, 1917

III.

The San Remo Conference

San Remo, Italy, April 25, 1920

IV.

The Mandate for Palestine

League of Nations, Geneva, July 24, 1922

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

Benjamin Ze'ev Herzl |

May 1860 – July 1904

“

Oppression and persecution cannot exterminate us. No nation on

earth has survived such struggles and sufferings as we have
gone through.

”

“

Palestine

is our ever-memorable historic home. The very

name of

Palestine

would attract our people with a force of

marvelous potency.

”

“

The idea which I have developed in this pamphlet is a very old

one: it is the

Restoration

of the

Jewish State.

”

First Zionist Congress. Basle, Switzerland. 1897 Pamphlet: The Jewish State. 1896

Founder

of modern

Zionism

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

The Balfour Declaration |

November 2, 1917

“

His Majesty

’

s Government

view with favour the
establishment in Palestine
of a national home for the
Jewish people.

”

Arthur James
Balfour

Lord
Rothschild

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

End to 400 Years of the Ottoman Empire | 1516 - 1916

World War One Was Officially Over

The 5 Great

Powers

U.K.

U.S.

France

Italy

Japan

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

San Remo Conference at the Villa Devanche

San Remo Italy, April 19-26, 1920

The 4 Great

Powers

U.K.

France

Italy

Japan

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

The Birth of The League of Nations

Members pledged:

•

Not to go to war

•

Submit disputes to

arbitration

Geneva,
January 10,
1920

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

Territory Envisioned for the Jewish National Home

San Remo
Italy, April
24, 1920

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

member countries – the entire League of

Nations – unanimously declared:

“

Recognition has thereby been given

to the historical connection of the

Jewish people with Palestine, and to

the grounds for reconstituting their

national home in that Country.

”

Albania,  Argentina,  Australia,  Austria,  Belgium,  Bolivia,  Brazil,
British  India,  Bulgaria,  Canada,  Chile,  Colombia,  Costa  Rica,
Cuba,  Czechoslovakia,  Denmark,  El  Salvador,  Estonia,  Finland,
France,  Greece,  Guatemala,  Haiti,  Honduras,  Italy,  Japan,
Kingdom  of  Serbs,  Croats  and  Slovenes,  Latvia,  Liberia,
Lithuania,  Luxembourg,  Netherlands,  New  Zealand,  Nicaragua,
Norway,  Panama,  Paraguay,  Persia,  Peru,  Poland,  Portugal,
Republic of China, Romania, Siam, Spain, Sweden, Switzerland,
Union of South Africa, United Kingdom, Uruguay, Venezuela.

July 24,

1922

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

“

Mandate for Palestine

”

Document

Consist of 28 Articles

LEAGUE OF NATIONS

__________

MANDATE FOR PALESTINE,

TOGETHER WITH A

NOTE BY THE SECRETARY - GENERAL

RELATING TO ITS APPLICATION

TO THE

TERRITORY KNOWN AS TRANS-JORDAN,

under the provisions of Article 25.

===============================

Presented to Parliament by Command of His Majesty,

December, 1922.

===============================

LONDON:

PUBLISHED BY HIS MAJESTY

’

S STATIONARY OFFICE.

July 24,

1922

Cover reconstructed

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

“

Mandate for Palestine

”

Article 25 of the “Mandate for Palestine” entitled the
Mandatory to change the terms of the Mandate in the
territory east of the Jordan River:

“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  provision  of  this  Mandate  as  he  may
consider inapplicable to the existing local conditions ...”

Great Britain exercised the option provided by
Article 25, cutting away

77%

of the land originally

earmarked for the Jews, and gave it to Jordan.

Article 25

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

“

Mandate for Palestine

”

Where Jews Are Not Permitted to Settle

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

Land Divided in the Middle East

One Jewish State = 3% | Four Arab States = 97%

Today

’

Land in sq. km.

Total

Jewish Land

22,072

--------------

Lebanon

10,400

---

Syria

185,180

---

Iraq

438,317

---

Jordan

89,342

--------------

Total

Arab Land

723,239

Source: CIA, 2011

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

Churchill Reassured the Jews in Palestine

Winston

Churchill

Winston Churchill

British Secretary of State for the Colonies

June, 1922

“In order that this [Jewish] community should have the

best prospect of free development, and provide a full

opportunity for the Jewish people to display its capacity,

it is essential that it should know that

it is in Palestine

as of right …”

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

Before Local Jews Began Calling Themselves Israelis in 1948 …

•

The Jerusalem Post, founded in 1932, was called

The Palestine Post.

•

Bank Leumi L

’

Israel, incorporated in 1902, was called

the

Anglo-Palestine Company

until 1948.

•

Today

’

s Israel Electric Corporation, founded in 1923 by

Pinhas Rutenberg, was originally called

The Palestine Electric Company.

•

Today

’

s Israel Philharmonic Orchestra, founded in 1936,

was originally called the

Palestine Symphony Orchestra.

Photo: Toscanini and Huberman, in the first Palestine Symphony concert, 26 Dec .1936

… The term

‘

Palestine

’ applied almost exclusively to

institutions founded by Jews.

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

The United States

and

The

“

Mandate for Palestine

”

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

U.S. Presidents Supported the Establishment of a

National Jewish Home in Palestine

President Woodrow Wilson -

March 3, 1919

“

I am persuaded that the Allied nations, with the fullest concurrence of our own

government and people, are agreed that in

Palestine

shall be laid the foundation

of a Jewish Commonwealth.

”

President Warren G. Harding -

September 21, 1922

Signed the Lodge-Fish joint resolution of approval to establish a Jewish homeland
in

Palestine

President Calvin Coolidge -

December 3, 1924

Signed the Convention [Treaty] between the U.K. and the U.S. calling to
safeguard the American interests in

Palestine

. The Convention incorporated the

complete text of the

“

Mandate for Palestine,

”

including the preamble.

President Herbert Hoover

–

October 29, 1932

“

On the occasion of your celebration of the 15th Anniversary of the

Balfour

Declaration

, which received the unanimous approval of both houses of

Congress by the adoption of the Lodge-Fish Resolution in 1922, I wish to express
the hope that the ideal of the establishment of the

National Jewish

Home in

Palestine

, as embodied in that Declaration, will continue to prosper for the good

of all the people inhabiting the Holy Land.

”

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

n June 30, 1922, a joint resolution of both Houses of

Congress of the United States

unanimously resolved:

“

Favoring the establishment in

Palestine of a national

home for the Jewish people.

”

H. J. Res. 322 (PUBLIC RESOLUTION ….NO. 73 67

CONGRESS.)

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

Convention Between the U.S. and the U.K.

The U.S. Government claimed on November 20,  1920 that
the participation of the United States in WWI entitled it to
be  consulted  as  to  the  terms  of  the  Mandate.  The  British
Government  agreed,  and  the  outcome  was  an  agreement
calling  to  safeguard  the  American  interests  in  Palestine.  It
concluded  with  a  convention  between  the

United

Kingdom

and the

United States of America

, signed on

December 3, 1924.

It is imperative to note, that the convention
incorporated the complete text of the

“

Mandate for

Palestine,

”

including the preamble.

December 3,

1924

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

July 1922 - U.S. House of Representatives

Discussing Resolution 322

Representative Walter M. Chandler from New York expresses
his views upon the Arab question in Palestine:

“

(1) That the Arabs shall be

permitted to remain in

Palestine

under Jewish government and domination

and with their civil and religious rights guaranteed to them
through the British mandate and under terms of the Balfour
declaration.

“

(2) That if they will not consent to Jewish government and

domination, they

shall be required to sell their lands at a

just valuation and retire into the Arab territory

which

has been assigned to them by the League of Nations in the
general reconstruction of the countries of the east.

“

(3) That if they will not consent to Jewish government and

domination, under conditions of right and justice, or to sell their
lands at a just valuation and to retire into their own countries,

they shall be driven from Palestine by force

”

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

The Demise of the League of Nations

April 20, 1946

The League of Nations Failed to Secure

Peace

Assets, Rights and Obligations were all

Transferred to the United Nations

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

United Nations

Came into Force on October 24, 1945

in San Francisco, CA

The UN General Assembly convenes its first
meeting at Lake Success, Flushing Meadows, New York

November 19, 1946

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ © Myths and Facts

The

“

Mandate for Palestine

”

– Valid to this Day

•

Article 27

of the

“

Mandate for Palestine

”

states that

“consent of the Council of the League of Nations is required
for any modification of the terms of this mandate.”
(Except Article 25), No such consent was ever passed.

•

Article 80

of the UN Charter recognizes the continued

validity of the rights granted to all states or peoples, or
already existing international instruments including those
adopted by the League of Nations.

• “

[

The]

International Court of Justice (ICJ)

has

consistently recognized that the Mandate survived the
demise of the League of Nations.

”

ICJ Advisory Opinion of June 21, 1971

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

The

“

Lobbyists

”

that Made Article 80 Part of the

UN Charter

Professor

Eugene V.
Rostow

“

[A] Strong Jewish delegations … attended the San

Francisco Conference, 25 April – 26 June 1945.

“

Rabbi Stephen S. Wise, Peter Bergson, Eliahu Elath,

Professors Ben-Zion Netanayu and A. S. Yehuda, and

Harry Selden were among the Jewish representatives.

“Their mission was to protect the Jewish

right of

settlement in Palestine

under the Mandate, against

erosion in a world of ambitious states.”

“

Article 80 was the result of their efforts.

”

Professor Eugene Rostow

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

The Partition Plan - UN Resolution 181

UN Resolution 181,

recommended

partition the remaining 23% of

“

Jewish

Palestine

”

into a

Jewish

state

and an

Arab state.

(Not a Palestinian state).

Jews

accepted

the recommendation.

Palestinian Arabs and their Arab brethren

in neighboring countries

rejected

it,

promising to defy its implementation by

force.

Resolution 181 lost its validity and relevance.

November 29

1947

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

Jerusalem and the Holy Places

In his book Jerusalem and the Holy Places, Judge Elihu
Lauterpacht

explains

how

Jerusalem

not

mentioned

in the “Mandate for Palestine” yet the

Holy

Places

are. And this in itself is relevant, for it shows that

in 1922 there was no interest to identify the question of
the Holy Places with internationalizing Jerusalem.

Jerusalem, the spiritual, political, and historical capital of
the Jewish people, has served, and still serves, as the
political capital of only one nation – the one belonging to
the Jewish people.

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

“

Mandate for Palestine

”

- Political Rights

“

The Mandatory

shall be

responsible for placing

the

country

under

such

political

administrative and economic conditions as will

secure the establishment of the Jewish national

home, as laid down in the preamble, and the

development of self-governing institutions, and

also for

safeguarding

the

civil

and

religious

rights of all the inhabitants of

Palestine, irrespective of race and religion.

”

Article

This Land

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“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

Political Rights in Palestine were

Granted to Jews Only

Jews

Religious Rights

Civil Rights

Political Rights

Other Inhabitants

Religious Rights

Civil Rights

Political rights to self-determination as a polity for

Arabs were guaranteed by the League of Nations in four

other mandates – in Lebanon and Syria [The French

Mandate], in Iraq and later Trans-Jordan [The British

Mandate].

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

“

Mandate for Palestine

”

No Foreign Power Allowed in Palestine

Article

The

Territory of

Palestine

was

Assigned

Exclusively

for the

Jewish

National

Home

“

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.

”

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

“

Mandate for Palestine

”

Where Jews are Permitted and Encouraged to Settle

Article 6

Jewish

Settlements

Are

Legal

“

The administration of

Palestine

…

shall

encourage

…

close settlement by Jews

on the

land, including State land and waste land not
required for public purpose.

”

This Land

Is My Land

“

MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

Jewish Rights to Palestine Were Internationally

Guaranteed

he [Balfour] Declaration was endorsed at the time by several of

the Allied Governments;

t was reaffirmed by the Conference of the Principal Allied

Powers at San Remo in 1920;

t was subsequently endorsed by unanimous resolutions of both

Houses of the Congress of the United States;

t was embodied in the Mandate for Palestine approved by the

League of Nations in 1922;

t was declared, in a formal statement of policy issued by the

Colonial Secretary in the same year,

‘

not to be susceptible of

change.

’

he policy was fixed and internationally Guaranteed.

Report of the High Commissioner 1920-1925

This Land

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MANDATE FOR PALESTINE

”

THE LEGAL ASPECTS OF JEWISH RIGHTS

Israel

’

s Declaration of Independence on

May 14, 1948

On May 14, 1948, the Jewish People's Council gathered in
Tel Aviv, declaring the establishment of the State of Israel.