THE SAN REMO CONFERENCE of 1920 is ISRAL's Magna Carta - Draiman

THE SAN REMO CONFERENCE IN CONTEXT

It is impossible to understand the complex legal implications of the Arab-Israel conflict without an acquaintance with the basics of following context.

THE SAN REMO CONFERENCE
in relation to
McMAHON, SYKES-PICOT, THE BALFOUR DECLARATION, AND THE BRITISH MANDATE

Article 6 of the Mandate, charged Britain with the duty to facilitate Jewish immigration and close settlement by Jews in the territory which then included Transjordan, as called for in the Balfour declaration, that had already been adopted by the other Allied Powers. As a trustee, Britain had a fiduciary duty to act in good faith in carrying out the duties imposed by the Mandate.Furthermore, as the San Remo resolution has never been abrogated, it was and continues to be legally binding between the several parties who signed it.It is therefore obvious that the legitimacy of Syria, Lebanon, Iraq and the Jewish state all derive from the same international agreement at San Remo.

The 1915 McMahon-Hussein Agreement

In 1915 Sir Henry McMahon made promises on behalf of the British government, via Sherif Hussein of Mecca, about allocation of territory to the Arab people. Although Hussein understood from the promises that Palestine would be given to the Arabs, the British later claimed that land definitions were only approximate and that a map drawn at the time excluded Palestine from territory to be given to the Arab people. However in a subsequent change of policy in recognition of the McMahon correspondence, and in violation of its mandate, Britain separated the territory east of the Jordan River namely Transjordan (since renamed Jordan) from Palestine west of the Jordan.In his book “State and economics in the Middle East: a society in transition” (Routledge, 2003), Alfred Bonné included a letter from Sir Henry McMahon to The Times of London dated July 23,1937 in which he wrote, “I feel it my duty to state, and I do so definitely and emphatically, that it was not intended by me in giving this pledge to King Hussein to include Palestine in the area in which Arab independence was promised. I also had every reason to believe at the time that the fact that Palestine was not included in my pledge was well understood by King Hussein.”Bonné considered the letter to be of such importance that he published it in full as copied below

The May 1916 Sykes-Picot Agreement

This secret agreement between Britain, France and Russia was concluded by British diplomat, Sir Mark Sykes and French diplomat Georges Picot. In seeking to divide the entire Middle East into areas of influence for each of the imperial powers but leaving the Holy Lands to be jointly administered by the three powers, it clashed materially with the McMahon Agreement. It was intended to hand Syria, Mesopotamia, Lebanon and Cilicia (in south-eastern Asia Minor) to the French and Palestine, Jordan and areas around the Persian Gulf and Baghdad including Arabia and the Jordan Valley to the British.Although intended to be secret, the Arabs learned about the agreement from communists who found a copy in the Russian government’s archives.

The 1917 Balfour Declaration

he Balfour Declaration is contained in the following letter from Lord Arthur Balfour, the British foreign secretary, to Lord Rothschild, president of the British Zionist Federation,Foreign OfficeNovember 2nd, 1917

Dear Lord Rothschild,

I have much pleasure in conveying to you, on behalf of His Majesty’s Government, the following declaration of sympathy with Jewish Zionist aspirations which has been submitted to, and approved by, the Cabinet.

“His Majesty’s Government view with favour the establishment in Palestine of a national home for the Jewish people, and will use their best endeavours to facilitate the achievement of this object, it being clearly understood that nothing shall 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.”

I should be grateful if you would bring this declaration to the knowledge of the Zionist Federation.

Yours sincerely,
Arthur James Balfour

The declaration was accepted by the League of Nations on July 24, 1922 and embodied in the mandate that gave Great Britain administrative control of Palestine as d escribbed in more detail below.

THE SAN REMO CONFERENCE 1920

After ruling vast areas of Eastern Europe, South-western Asia, and North Africa for centuries, the Ottoman Empire lost all its Middle East territories during World War One. The Treaty of Sèvres of August 10, 1920 abolished the Ottoman Empire and obliged Turkey to renounce all rights over Arab Asia and North Africa. It was replaced by the Treaty of Lausanne in 1923.The status of the Ottoman Empire’s former possessions was determined at a conference in San Remo, Italy on April 24-25, 1920 attended by Great Britain, France, Italy, Japan and as an observer, the United States. Syria and Lebanon were mandated to France while Mesopotamia (Iraq) and the southern portion of the territory (Palestine) were mandated to Britain, with the charge to implement the Balfour Declaration.While the Balfour Declaration was in itself not a legally enforceable document, it did become legally enforceable by being entrenched in international law when it was incorporated in its entirety in a resolution passed by the Conference on April 25. Significantly, the only change made to the wording of the Balfour Declaration was to strengthen Britain’s obligation to implement the Balfour Declaration. Lord Curzon described the San Remo resolution as “the Magna Carta of the Zionists”.

Though borders were not yet precisely defined, the conference gave Palestine a legal identity. Lloyd George, the British Prime Minister at the time used the expression “from Dan to Beersheba” that was often used in subsequent documents.

The conference’s decisions were confirmed unanimously by all fifty-one member countries of the League of Nations on July 24, 1922 and they were further endorsed by a joint resolution of the United States Congress in the same year,

The San Remo resolution received a further US endorsement in the Anglo-American Treaty on Palestine, signed by the US and Britain on December 3, 1924, that incorporated the text of the Mandate for Palestine. The treaty protected the rights of Americans living in Palestine under the Mandate and more significantly it also made those rights and provisions part of United States treaty law which are protected under the US constitution. The U.S. Senate ratified the treaty on February 20, 1925 followed by President Calvin Coolidge on March 2, 1925 and by Great Britain on March 18, 1925.

Britain was specifically charged with giving effect to the establishment of the Jewish National Home in Palestine that was called for in the Balfour declaration that had already been adopted by the other Allied Powers. It is therefore obvious that the legitimacy of Syria, Lebanon, Iraq and a Jewish state in Palestine as defined before the creation of Transjordan, all derive from the same binding international agreement at San Remo, that has never been abrogated.

Commemoration of the San Remo conference

In April 2010, a ceremony attended by politicians and others from Europe, the U.S. and Canada was held in San Remo at the house where the signing of the San Remo declaration took place in 1920. At the conclusion of the commemoration, the following statement was released:”Reaffirming the importance of the San Remo Resolution of April 25, 1920 – which included the Balfour Declaration in its entirety – in shaping the map of the modern Middle East, as agreed upon by the Supreme Council of the Principal Allied Powers (Britain, France, Italy, Japan, and the United States acting as an observer), and later approved unanimously by the League of Nations; the Resolution remains irrevocable, legally binding and valid to this day.”Emphasizing that the San Remo Resolution of 1920 recognized the exclusive national Jewish rights to the Land of Israel under international law, on the strength of the historical connection of the Jewish people to the territory previously known as Palestine.

“Recalling that such a seminal event as the San Remo Conference of 1920 has been forgotten or ignored by the community of nations, and that the rights it conferred upon the Jewish people have been unlawfully dismissed, curtailed and denied.

“Asserting that a just and lasting peace, leading to the acceptance of secure and recognized borders between all States in the region, can only be achieved by recognizing the long established rights of the Jewish people under international law.”

THE BRITISH MANDATE OVER PALESTINE

As stated above, the San Remo Conference decided to place Palestine under British Mandatory rule making Britain responsible for giving effect to the Balfour declaration that had been adopted by the other Allied Powers. The resulting “Mandate for Palestine,” was an historical League of Nations document that laid down the Jewish legal right to settle anywhere in Palestine and the San Remo Resolution together with Article 22 of the Covenant of the League of Nations became the basic documents on which the Mandate for Palestine was established.The Mandate’s declaration of July 24, 1922 states unambiguously that Britain became responsible for putting the Balfour Declaration, in favor of the establishment in Palestine of a national home for the Jewish people, into effect and it confirmed that recognition had 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.It is highly relevant that at that time the West Bank and parts of what today is Jordan were included as a Jewish Homeland. However, on September 16, 1922, the British divided the Mandate territory into Palestine, west of the Jordan and Transjordan, east of the Jordan River, in accordance with the McMahon Correspondence of 1915. Transjordan became exempt from the Mandate provisions concerning the Jewish National Home, effectively removing about 78% of the original territory of the area in which a Jewish National home was to be established in terms of the Balfour Declaration and the San Remo resolution as well as the British Mandate.

This action violated not only Article 5 of the Mandate which required the Mandatory to 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 but also article 20 of the Covenant of the League of Nations in which the Members of the League solemnly undertook that they would not enter into any engagements inconsistent with the terms thereof.

Article 6 of the Mandate stated that 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.

Nevertheless in blatant violation of article 6, in a 1939 White Paper Britain changed its position so as to limit Jewish immigration from Europe, a move that was regarded by Zionists as betrayal of the terms of the mandate, especially in light of the increasing persecution of Jews in Europe. In response, Zionists organized Aliyah Bet, a program of illegal immigration into Palestine.

CONCLUSION

The frequently voiced complaint that the state being offered to the Palestinians comprises only 22 percent of Palestine is obviously invalid. The truth is exactly the reverse. From the above history it is obvious that the territory on both sides of the Jordan was legally designated for the Jewish homeland by the 1920 San Remo Conference, mandated to Britain, endorsed by the League of Nations in 1922, affirmed in the Anglo-American Convention on Palestine in 1925 and confirmed in 1945 by article 80 of the UN. Yet, approximately 80% of this territory was excised from the territory in May 1923 when, in violation of the mandate and the San Remo resolution, Britain gave autonomy to Transjordan (now known as Jordan) under as-Sharif Abdullah bin al-Husayn.Furthermore, as the San Remo resolution has never been abrogated, it was and continues to be legally binding between the several parties who signed it.It is therefore obvious that the legitimacy of Syria, Lebanon, Iraq and a Jewish state in Palestine all derive from the same international agreement at San Remo.

In essence, when Israel entered the West Bank and Jerusalem in 1967 it did not occupy territory to which any other party had title. While Jerusalem and the West Bank, (Judea and Samaria), were illegally occupied by Jordan in 1948 they remained in effect part of the Jewish National Home that had been created at San Remo and in the 1967 6-Day War Israel, in effect, recovered territory that legally belonged to it. To quote Judge Schwebel, a former President of the ICJ, “As between Israel, acting defensively in 1948 and 1967, on the one hand, and her Arab neighbors, acting aggressively, in 1948 and 1967, on the other, Israel has the better title in the territory of what was Palestine, including the whole of Jerusalem.

See Selected Writings of Stephen M. Schwebel on the subject

LEGAL RIGHTS AND TITLE OF SOVEREIGNTY OF THE JEWISH PEOPLE TO THE LAND OF ISRAEL AND PALESTINE
                           UNDER INTERNATIONAL LAW

Howard Grief 1

The objective of this paper is to set down in a brief, yet clear and precise manner the legal rights and title of sovereignty of the Jewish people to the Land of Israel and Palestine under international law.

These rights originated in the global political and legal settlement, conceived during World War I and carried into execution in the post-war years between 1919 and 1923.

Insofar as the Ottoman Turkish Empire was concerned, the settlement embraced the claims of the Zionist Organization, the Arab National movement, the Kurds, the Assyrians and the Armenians.

As part of the settlement in which the Arabs received most of the lands formerly under Turkish sovereignty in the Middle East which was over five million square miles, the whole of Palestine, on both sides of the Jordan, was reserved exclusively for the Jewish people as their national home and future independent state.

Under the terms of the settlement that were made by the Principal Allied Powers consisting of Britain, France, Italy and Japan and the United States as an observer, there would be no annexation of the conquered Turkish territories by any of the Powers, as had been planned in the secret Sykes-Picot Agreement of May 9 and 16, 1916. Instead, these territories, including the peoples for whom they were designated, would be placed under the Mandates System and administered by an advanced nation until they were ready to stand by themselves. The Mandates System was established and governed by Article 22 of the Covenant of the League of Nations, contained in the Treaty
of Versailles and all the other peace treaties made with the Central Powers Germany, Austria-Hungary, Bulgaria and Turkey.

The Covenant was the idea of US President Woodrow Wilson and contained in it his program of Fourteen Points of January 8, 1918, while Article 22 which established the Mandates System, was largely the work of Jan Christiaan Smuts who formulated the details in a memorandum that became known as the Smuts Resolution, officially endorsed by the Council of Ten on January 30, 1919, in which Palestine as
envisaged in the Balfour Declaration was named as one of the mandated states to be created. 

The official recreation of the country took place in April 1920 at the San Remo Peace Conference where the Balfour Declaration was adopted by the Supreme Council of the Principal Allied Powers as the basis for the future administration of Palestine which would henceforth be recognized as the Jewish National Home.

The moment of the rebirth of Jewish legal rights and title of sovereignty, thus took place at the same time Palestine was recreated as a mandated state, since it was recreated for no other reason than to reconstitute the ancient Jewish state of Judea in fulfillment of the 1917 Balfour Declaration and the general provisions of Article 22 of the League Covenant. This meant that Palestine from the start was legally a Jewish state in theory, which was to be guided towards sovereignty and independence by a Mandatory or Trustee, also acting as Tutor, who would take the necessary political, administrative and economic measures to establish the Jewish National Home.

The chief means for accomplishing this was by encouraging large-scale Jewish immigration to Palestine, which would eventually result in making Palestine an independent Jewish state, not only legally but also in the demographic and cultural senses.

The details for the planned independent Jewish state were set forth in three basic documents, which may be termed the founding documents of mandated Palestine and the modern Jewish state of Israel that arose from it.

These were the San Remo Resolution of April 25, 1920, the Mandate for Palestine conferred on Britain by the Principal Allied Powers and confirmed by the League of Nations on July 24, 1922, and the Franco-British Boundary Convention of December 23, 1920. These founding documents were supplemented by the Anglo-American Convention of December 3, 1924 respecting the Mandate for Palestine.

It is of supreme importance to remember always that these documents were the source or well-spring of Jewish legal rights and title of sovereignty over Palestine and the Land of Israel under international law, because of the near-universal but completely false belief that it was the United Nations General Assembly Partition Resolution of November 29, 1947 that brought the State of Israel into existence.

In fact, the UN recommendation and resolution was an illegal abrogation of Jewish legal rights and title of sovereignty to the whole of Palestine and the Land of Israel, rather than an affirmation of such rights or progenitor of them.

The San Remo Resolution converted the Balfour Declaration of November 2, 1917 from a mere statement of British policy expressing sympathy with the goal of the Zionist movement to create a Jewish state into a binding act of international law that required specific fulfillment by Britain of this object in active cooperation with the Jewish people. Under the Balfour Declaration as originally issued by the British Government, the latter only promised to use their best endeavors to facilitate the establishment in Palestine of a national home for the Jewish people. But under the San Remo Resolution of April 24-25, 1920, the Principal Allied Powers as a cohesive group charged the British Government with the responsibility and legal obligation of putting into effect the Balfour Declaration. A legal onus was thus placed on Britain to ensure that the Jewish National Home would be duly established in Palestine. 

This onus the British Government willingly accepted because at the time the Balfour Declaration was issued and adopted at the San Remo Peace Conference, Palestine was considered a valuable strategic asset and communications center, and so a vital necessity for protecting far-flung British imperial interests extending from Egypt to India. Britain was fearful of having any major country or Power other than itself, especially France or Germany, positioned alongside the Suez Canal.

The term Jewish National Home was defined to mean a state by the British Government at the Cabinet session which approved the Balfour Declaration on October 31, 1917. That was also the meaning originally given to this phrase by the program committee which drafted the Basel Program at the first Zionist Congress in August 1897 and by Theodore Herzl, the founder of the Zionist Organization.

The word home as used in the Balfour Declaration and subsequently in the San Remo Resolution was simply the euphemism for a state originally adopted by the Zionist Organization when the territory of Palestine was subject to the rule of the Ottoman Empire, so as not to arouse the sharp opposition of the Sultan and his Government to the Zionist aim, which involved a potential loss of this territory by the Empire. 

There was no doubt in the minds of the authors of the Basel Program and the Balfour Declaration regarding the true meaning of this word, a meaning reinforced by the addition of the adjective national to home . However, as a result of not using the word  state  directly and proclaiming that meaning openly or even attempting to hide its true meaning when it was first used to denote the aim of Zionism, ammunition was provided to those who sought to prevent the emergence of a Jewish state or who saw the Home only in cultural terms.

The phrase  in Palestine, another expression found in the Balfour Declaration that generated much controversy, referred to the whole country, including both Cisjordan and Transjordan. It was absurd to imagine that this phrase could be used to indicate that only a part of Palestine was reserved for the future Jewish National Home, since both were created simultaneously and used interchangeably, with the term Palestine pointing out the geographical location of
the future independent Jewish state. Had Palestine meant a partitioned country with certain areas of it set aside for Jews and others for Arabs, that intention would have been stated explicitly at the time the Balfour Declaration was drafted and approved and later adopted by the Principal Allied Powers. No such allusion was ever made in the prolonged discussions that took place in fashioning the Declaration and ensuring it international approval.

There is therefore no juridical or factual basis for asserting that the phrase  in Palestine limited the establishment of the Jewish National Home to only a part of the country. On the contrary, Palestine and the Jewish National Home were synonymous terms, as is evidenced by the use of the same phrase in the second half of the Balfour Declaration which refers to the existing non-Jewish communities  in Palestine , clearly indicating the whole country. Similar evidence exists in the preamble and terms of the Mandate Charter.

The San Remo Resolution on Palestine combined the Balfour Declaration with Article 22 of the League Covenant. This meant that the general provisions of Article 22 applied to the Jewish people exclusively, who would set up their home and state in Palestine. There was no intention to apply Article 22 to the Arabs of the country, as was mistakenly concluded by the Palestine Royal Commission which relied on that article of the Covenant as the legal basis to justify the partition of Palestine, apart from the other reasons it gave. The proof of the applicability of Article 22 to the Jewish people, including not only those in Palestine at the time, but those who were expected to arrive in large numbers in the future, is found in the Smuts Resolution, which became Article 22 of the Covenant. It specifically names Palestine as one of the countries to which this article would apply.

There was no doubt that when Palestine was named in the context of Article 22, it was linked exclusively to the Jewish National Home, as set down in the Balfour Declaration, a fact everyone was aware of at the time, including the representatives of the Arab national movement, as evidenced by the agreement between Emir Feisal and Dr. Chaim Weizmann dated January 3, 1919 as well as an important letter sent by the Emir to future US Supreme Court Justice Felix Frankfurter dated March 3, 1919. In that letter, Feisal characterized as moderate and proper the Zionist proposals presented by Nahum Sokolow and Weizmann to the Council of Ten at the Paris Peace Conference on February 27, 1919, which called for the development of Palestine into a Jewish commonwealth with extensive boundaries.

The argument later made by Arab leaders that the Balfour Declaration and the Mandate for Palestine were incompatible with Article 22 of the Covenant is totally undermined by the fact that the Smuts Resolution the precursor of Article 22 specifically included Palestine within its legal framework.

The San Remo Resolution on Palestine became Article 95 of the Treaty of Sevres which was intended to end the war with Turkey, but though this treaty was never ratified by the Turkish National Government of Kemal Ataturk, the Resolution retained its validity as an independent act of international law when it was inserted into the Preamble of the Mandate for Palestine and confirmed by 52 states.

The San Remo Resolution is the base document upon which the Mandate was constructed and to which it had to conform. It is therefore the pre-eminent foundation document of the State of Israel and the crowning achievement of pre-state Zionism. It has been accurately described as the Magna Carta of the Jewish people. It is the best proof that the whole country of Palestine and the Land of Israel belong exclusively to the Jewish people under international law.

The Mandate for Palestine implemented both the Balfour Declaration and Article 22 of the League Covenant, i.e., the San Remo Resolution. All four of these acts were building blocks in the legal structure that was created for the purpose of bringing about the establishment of an independent Jewish state. The Balfour Declaration in essence stated the principle or object of a Jewish state. 

The San Remo Resolution gave it the stamp of international law. The Mandate furnished all the details and means for the realization of the Jewish state. As noted, Britain's chief obligation as Mandatory, Trustee and Tutor was the creation of the appropriate political, administrative and economic conditions to secure the Jewish state. 

All 28 articles of the Mandate were directed to this objective, including those articles that did not specifically mention the Jewish National Home. The Mandate created a right of return for the Jewish people to Palestine and the right to establish settlements on the land throughout the country in order to create the envisaged Jewish state.

In conferring the Mandate for Palestine on Britain, a contractual bond was created between the Principal Allied Powers and Britain, the former as Mandatory and the latter as Mandatory. 

The Principal Allied Powers designated the Council of the League of Nations as the supervisor of the Mandatory to ensure that all the terms of the Mandate Charter would be strictly observed.

The Mandate was drawn up in the form of a Decision of the League Council confirming the Mandate rather than making it part of a treaty with Turkey signed by the High Contracting Parties, as originally contemplated. To ensure compliance with the Mandate, the Mandatory had to submit an annual report to the League Council reporting on all its activities and the measures taken during the preceding year to realize the purpose of the Mandate and for the fulfillment of its obligations. This also created a contractual relationship between the League of Nations and Britain.

The first drafts of the Mandate for Palestine were formulated by the Zionist Organization and were presented to the British delegation at the Paris Peace Conference in 1919. The content, style and mold of the Mandate was thus determined by the Zionist Organization which was based on the territory of the 12 tribes of Israel.

The British Peace Delegation at the Conference produced a draft of their own and the two then cooperated in formulating a joint draft.

This cooperation which took place while Arthur James Balfour was Foreign Minister came to an end only after Lord Curzon, the Foreign Secretary who replaced Balfour on October 24, 1919, took personal charge of the Mandate drafting process in March 1920. He shut out the Zionist Organization from further direct participation in the actual drafting, but the Zionist leader, Chaim Weizmann, was kept informed of new changes made in the Draft Mandate and allowed to comment on them. The changes engineered by Curzon watered down the obvious Jewish character of the Mandate, but did not succeed in suppressing its aim the creation of a Jewish state.

The participation of the Zionist Organization in the Mandate drafting process confirmed the fact that the Jewish people were the exclusive beneficiary of the national rights enshrined in the Mandate.

No Arab party was ever consulted regarding its views on the terms of the Mandate prior to the submission of this instrument to the League Council for confirmation, on December 6, 1920. By contrast, the civil and religious rights of all existing religious communities in Palestine, whether Muslim or Christian, were safeguarded, as well as the civil and religious rights of all the inhabitants of Palestine, irrespective of race and religion.

The rights of Arabs, whether as individuals or as members of religious communities, but not as a nation, were therefore legally assured.

In addition, no prejudice was to be caused to their financial and economic position by the expected growth of the Jewish population.

It was originally intended that the Mandate Charter would delineate the boundaries of Palestine, but that proved to be a lengthy process involving negotiations with France over the northern and northeastern borders of Palestine with Syria. It was therefore decided to fix these boundaries in a separate treaty, which was done in the Franco-British Boundary Convention of December 23, 1920.

The borders were based on a formula first put forth by the British Prime Minister David Lloyd George when he met his French  counterpart, Georges Clemenceau in London on December 1, 1918 and defined Palestine as extending from the ancient  towns  of  Dan  to  Beersheba.  

This definition was immediately accepted by Clemenceau, which meant that Palestine would have the borders that included all areas of the country settled by the Twelve Tribes of Israel during the First Temple Period, embracing historic Palestine both east and west of the Jordan River. The very words  from Dan to Beersheba implied that the whole of Jewish Palestine would be reconstituted as a Jewish state.

Though the San Remo Resolution did not specifically delineate the borders of Palestine, it was understood by the Principal Allied Powers that this formula would be the criterion to be used in delineating them.

However, when the actual boundary negotiations began after the San Remo Peace Conference, the French illegally and stubbornly insisted on following the defunct Sykes-Picot line for the northern border of Palestine, accompanied by Gallic outbursts of anti-Semitic and anti-Zionist sentiments, though they agreed to extend this border to include the Galilee but not any of the water sources from the Litani valley and the land adjoining it. 

As a result, some parts of historic Palestine in the north and north-east were illegally excluded from the Jewish National Home.

The 1920 Boundary Convention was amended by another British-French Agreement respecting the boundary line between Syria and Palestine dated February 3, 1922, which took effect on March 10, 1923. 

It illegally removed the portion of the Golan that had previously been included in Palestine in the 1920 Convention, in exchange for placing the Kinneret (Sea of Galilee) wholly within the bounds of the Jewish National Home, and made other small territorial adjustments.

The British and French negotiators had no legal right to remove or exclude any Palestine territory from the limits of Palestine, but could only ensure that all such territory was included. The exchange of Palestine territory for other Palestine territory between Britain and France was therefore prohibited as a violation of the Lloyd George formula accepted at the San Remo Peace Conference.

The 1920 Convention also included Transjordan in the area of the Jewish National Home, but a  surprise  last-minute  intervention by the US Government unnecessarily   delayed  the confirmation of the pending Mandate.

This gave an unexpected opportunity to Winston Churchill, the new Colonial Secretary placed in charge of the affairs of Palestine, to change the character of the Mandate: first, by having a new article inserted (Article 25) which allowed for the provisional administrative separation of Transjordan from Cisjordan; second, by redefining the Jewish National Home to mean not an eventual independent Jewish state but limited to a cultural or spiritual center for the Jewish people.

These radical changes were officially introduced in the Churchill White Paper of June 3, 1922 and led directly to the sabotage of the Mandate. Thereafter, the British never departed from the false interpretation they gave to the Jewish National Home which ended all hope of achieving the envisaged Jewish state under their auspices.

The question of which state, nation or entity held sovereignty over a mandated territory sparked great debate throughout the Mandate period, and no definitive answer was ever given.
That is extremely surprising because the Treaty of Versailles, signed on June 28, 1919 and ratified on January 10, 1920, stated flatly in Article 22 that the states which formerly governed those territories which were subsequently administered by a Mandatory had lost their sovereignty as a consequence of World War I.

That meant that Germany no longer had sovereignty over its former colonies in Africa and the Pacific, while Turkey no longer had sovereignty over its possessions in the Middle East, prior to the signing of the Treaty of Versailles.

The date when the change of sovereignty occurred could only have been on January 30, 1919, the date when it was irrevocably decided by the Council of Ten in adopting the Smuts Resolution, that none of the ex-German and ex-Turkish territories would be returned to their former owners. These territories were then placed in the collective hands of the Principal Allied and Associated Powers for their disposition. In the case of Palestine, that decision was made in favor of the Jewish people at the session of the San Remo Peace Conference that took place on April 24, 1920 when the Balfour Declaration was adopted as the reason for creating and administering the new country of Palestine that, until then, had had no official existence. Inasmuch as the Balfour Declaration was made in favor of the Jewish people, it was the latter upon whom de jure sovereignty was devolved over all of Palestine. 

However, during the Mandate period, the British Government and not the Jewish people exercised the attributes of sovereignty, while sovereignty in the purely theoretical or nominal sense (i.e., de jure sovereignty) remained vested in the Jewish people.

This state of affairs was reflected in the Mandate Charter where the components of the title of sovereignty of the Jewish people over Palestine are specifically mentioned in the first three recitals of the Preamble, namely: Article 22, the Balfour Declaration and the historical connection of the Jewish people with Palestine. These three components of the title of sovereignty were the grounds for reconstituting the Jewish National Home in Palestine as specifically stated in the third recital of the Preamble.

On the other hand, since the Jewish people were under the tutelage of Great Britain during the Mandate Period, it was the latter which exercised the attributes of Jewish sovereignty over Palestine, as confirmed by Article 1 of the Mandate which placed full powers of legislation and of administration in the hands of the Mandatory, save as they may be limited by the terms of the Mandate.

This situation continued so long as the Mandate was in force and the Jewish people living in Palestine were not able to stand alone and hence not able to exercise the sovereignty awarded them by the Principal Allied Powers under international law in 1920.

The decisive moment of change came on May 14, 1948 when the representatives of the Jewish people in Palestine and of the Zionist Organization proclaimed the sovereignty and independence of a Jewish state whose military forces held only a small portion of the territory originally allocated for the Jewish National Home.

The rest of the country was in the illegal possession of neighboring Arab states who had no sovereign rights over the areas they illegally occupied, that were historically a part of Palestine and the Land of Israel and were not meant for Arab independence or the creation of another Arab state. It is for this reason that Israel, which inherited the sovereign rights of the Jewish people over Palestine, has the legal right to keep all the lands it liberated in the Six Day War, that were either included in the Jewish National Home during the time of the Mandate or formed integral parts of the Land of Israel that were illegally detached from the Jewish National Home when the boundaries of Palestine were fixed in 1920 and 1923. For the same reason, Israel cannot be accused by anyone of occupying  lands under international law that were clearly part of the Jewish National Home or the Land of Israel.

Thus the whole debate today that centers on the question of whether Israel must return  occupied territories to their alleged Arab owners in order to obtain peace is one of the greatest falsehoods of international law and diplomacy.

The most amazing development concerning the question of sovereignty over Palestine is that the State of Israel, when it finally had an opportunity to exercise its sovereignty over all of the country west of the Jordan, after being victorious in the Six Day War of June 5-10, 1967, did not do so   except in the case of Jerusalem. The Knesset did, however, pass an amendment to the Law and Administration Ordinance of 1948, adding Section 11B, which allowed for that possibility and was premised on the idea that Israel possessed such sovereignty. Israel did not even enforce the existing law on sovereignty passed by the Ben Gurion Government in September 1948, known as the Area of Jurisdiction and Powers Ordinance, which required it to incorporate immediately any area of the Land of Israel which the Minister of Defense had defined by proclamation as being held by the Defense Army of Israel.

Israel's legal rights and title of sovereignty over all of the Land of Israel specifically in regard to Judea, Samaria and Gaza suffered a severe setback when the Government of Prime Minister Menahem Begin approved the Camp David Framework Agreement for Peace in the Middle East, under which it was proposed that negotiations would take place to determine the final status  of those territories. 

The phrase  final status  was a synonym for the word sovereignty. It was inexcusable that neither Begin nor his legal advisers, including Aharon Barak, the future President of the Israel Supreme Court, knew that sovereignty had already been vested in the Jewish people and hence the State of Israel many years before, at the San Remo Peace Conference of 1920. 

The situation became much worse, reaching the level of treason when the Government of Prime Minister Yitzhak Rabin signed the Declaration of Principles (DOP) with the Palestine Liberation Organization (PLO) and agreed to give it about 90% or more of Judea and Samaria and most of Gaza over a five-year transitional period in order to achieve a just, lasting and comprehensive peaceful settlement and historic reconciliation through the agreed political process with the Arabs of Palestine.

The illegal surrender of territory to the  Palestinian Authority  originally called the  Council  in Article IV of the DOP was hidden by the use of the word jurisdiction instead of sovereignty in that article. 

Further dissimulation was shown by the sanitized reference to  redeployment of Israeli military forces in Judea, Samaria and the Gaza Strip  to disguise the illegal act of transferring parts of the Jewish National Home to the PLO. A spade was not called a spade.

To understand why even the State of Israel does not believe in its own title of sovereignty over what are wrongfully termed  occupied territories even by leading politicians and jurists in Israel, it is necessary to locate the causes in the Mandate period:

1. The non-ratification of the Treaty of Sevres of August 10, 1920 with Turkey which contained the San Remo Resolution on Palestine and the non-inclusion of this Resolution in the Treaty of Lausanne of July 24, 1923. This gave the wrong impression that the legal status of Palestine as a whole was never settled definitively as being the
Jewish National Home under international law and that Turkey did not lose its sovereignty until the signing of this latter treaty.

 2.   The non-enforcement of most of the terms of the Mandate within Palestine itself, according to their true intent and meaning, by both the British Government and the British-administered Judiciary which servilely served the former to the point of misfeasance.

3.   The deliberate misinterpretation of the meaning of the Mandate by the British Government to include obligations of equal weight which it supposedly had undertaken in favor of the Arabs of Palestine, when in actual fact no such obligations ever existed,  particularly the obligation to develop self-governing institutions for their benefit, which on the contrary were meant for the Jewish National Home.

4.   The issuance of several White Papers beginning with the Churchill White Paper of June 3, 1922 and culminating with the Malcolm MacDonald White Paper of May 17, 1939, whose effect was to nullify the fundamental terms of the Mandate and prevent a Jewish state covering the whole of Palestine from ever coming into being during the British administration of the country. What the British essentially did in governing Palestine was to implement their false interpretations of the Mandate rather than its plain language and meaning. This turned the Mandate Charter upside down and made its aim of a Jewish state unrealizable.

5.   The illegal introduction of Article 25 into the Mandate Charter, which after its application on September 16, 1922 led to the dislocation of Transjordan from the Jewish National Home and also had a deleterious influence on the administration of Cisjordan by encouraging the false idea that Arab national rights existed not only in the severed part of the Jewish National Home across the Jordan, but in the remaining part as well.

The end result of British sabotage, misinterpretation, distortion and outright denial of what the Mandate stood for was that Jewish legal rights and title of sovereignty over the whole of Palestine as originally envisaged in the San Remo Resolution and the Mandate became so blurred, obfuscated and confused by the time the Mandate ended, it was no longer understood or held to be true. Not even the legal experts of the Jewish Agency for Palestine and the Zionist Organization asserted Jewish sovereignty over the whole country in any official paper or memorandum submitted to the British Government or to the League of Nations.

The mutilation of the Mandate Charter was continued by the United Nations when this new world organization considered the question of Palestine. On August 31, 1947, the United Nations Special Committee on Palestine (UNSCOP) proposed an illegal partition plan which recognized Arab national rights in western Palestine, specifically in the areas of western Galilee, Judea, Samaria, the southern coastal plain from Ashdod to the Egyptian frontier and a portion of the western Negev including Beersheba and what became Eilat. It apparently did not occur to the members of the Committee representing eleven states headed by Swedish Chief Justice Emil Sandstrom, that the UN did not have the legal authority to partition the country in favor of the Arabs of Palestine who were not the national beneficiary of the Mandate entitled to self-determination. The trampling of the legal rights of the Jewish people to the whole of Palestine by the United Nations was in clear violation of the Mandate which forbade partition and also Article 80 of the UN Charter which, in effect, prevented the alteration of Jewish rights granted under the Mandate whether or not a trusteeship was set up to replace it, which could only be done by a prior agreement made by the states directly concerned. The illegal partition plan, with some territorial modifications made in the original majority plan presented by UNSCOP, was then approved by the General Assembly on November 29, 1947 as Resolution 181 (II). The Jewish Agency for Palestine, recoiling from the loss of six million Jews in the Holocaust and trying to salvage something from British misrule of Palestine, accepted this illegal Resolution. By doing so, it lent credence to the false idea that Palestine belonged to both Arabs and Jews, which was an idea foreign to the San Remo Resolution, the Mandate and the Franco-British Boundary Convention of December 23, 1920. The Jewish Agency should have relied on these three documents exclusively in declaring the Jewish state over all of Palestine, even if it was unable to control all areas of the country, following the example of what was done in Syria and Lebanon during World War II.

Another facet of the story that concerned the illegal denial of Jewish legal rights and title of sovereignty over Palestine was the attitude adopted by the United States Government towards the infamous British White Paper of May 17, 1939. The United States agreed to the British administration of Palestine pursuant to the Mandate when it signed and ratified the Anglo-American Convention of December 3, 1924. This imposed a solemn obligation on the US Government to protest any British violation of this treaty, which had repeated every word, jot and title of the Mandate Charter in the preamble of the Convention, regardless of whether the violation affected American rights or those of the Jewish people. Yet when the White Paper was issued in the year of 1939, the US Government did not lift a finger to point out the blaring illegalities contained in the new statement of British policy that smashed to
smithereens the Balfour Declaration and the Mandate, and brought immense joy to the Arab side. It accepted the incredible British contention that changes in the terms of the Mandate effected by the White Paper did not require American consent because no US rights or those of its nationals were impaired, an argument that was demonstrably false. This US passivity in the face of British perfidy, which was strongly denounced by the venerable David Lloyd George and even by Winston Churchill who had himself contributed to the betrayal of the Jewish people and their rights to Palestine, allowed the British Government to get away with the highest violation of international law at the very moment when the Jewish people were about to suffer the greatest catastrophe in their history. There can be no doubt that the Holocaust could have largely been prevented or its effects greatly mitigated, had the terms of the Mandate been duly implemented to allow for a massive influx of Jews to their national home.

American inaction against the British Government was particularly unforgivable in view of the fact that the articles of the Mandate were a part of American domestic law and the US was the only state which could have forced the British to repudiate the malevolent White Paper and restore the right of the Jews of Europe to gain refuge in their homeland.

Both the Mandate and the Anglo-American Convention have ceased to exist. However, all the rights of the Jewish people that derive from the Mandate remain in full force. This is the consequence of the principle of acquired legal rights which, as applied to the Jewish people, means that the rights they acquired or were recognized as belonging to them when Palestine was legally created as the Jewish National Home are not affected by the termination of the treaty or the acts of international law which were the source of those rights.

This principle already existed when the Anglo-American Convention came to an end simultaneously with the termination of the Mandate for Palestine on May 14-15, 1948. It has since been codified in
Article 70(1)(b) of the 1969 Vienna Convention on the Law of Treaties.

This principle of international law would apply even if one of the parties to the treaty failed to perform the obligations imposed on it, as was the case with the British Government in regard to the Mandate for Palestine.

The reverse side of the principle of acquired legal rights is the doctrine of estoppel which is also of great importance in preserving Jewish national rights. This doctrine prohibits any state from denying what it previously admitted or recognized in a treaty or other international

agreement. In the Convention of 1924, the United States recognized all the rights granted to the Jewish people under the Mandate, in particular the right of Jewish settlement anywhere in 

Palestine or the Land of Israel. Therefore the US Government is legally estopped today from denying the right of Jews in Israel to establish settlements in Judea, Samaria and Gaza, which have been approved by the Government of Israel. In addition, the United States is also debarred from protesting the establishment of these settlements because they are based on a right which became embedded in US domestic law after the 1924 Convention was ratified by the US Senate and proclaimed by President Calvin Coolidge on December 5, 1925. This convention has terminated, but not the rights granted under it to the Jewish people. The
American policy opposing Jewish settlements in Judea, Samaria and Gaza is a fit subject for judicial review in US Courts because it violates Jewish legal rights formerly recognized by the United States and which still remain part of its domestic law. A legal action to overturn this policy if it was to be adjudicated might also put an end to the American initiative to promote a so-called  Palestinian  state which would abrogate the existing right of Jewish settlement in all areas of the Land of Israel that fall under its illegal rule.

The gravest threat to Jewish legal rights and title of sovereignty over the Land of Israel still comes from the same source that has always fought the return of the Jews to their homeland, namely, the medley of Arabic-speaking Gentiles who inhabit the land alongside the Jews.
They no longer call themselves Arabs or Syrians, but Arab/Palestinians. This has resulted in a switch of national identity. The Palestinians used to be the Jews during the Mandate Period, but the Arabs adopted the name after the Jews of Palestine established the State of Israel and began to be called Israelis.

The use of the name Arab/Palestinians for Arabs did not take general hold until 1969 when the United Nations recognized the existence of this supposed new nation, and began passing resolutions thereafter affirming its legitimate and inalienable rights to Palestine. The whole idea that such a nation exists is the greatest hoax of the 20th century and continues unabated into the 21st century. This hoax is easily exposed by the fact that the Palestinians  possess no distinctive history, language or culture, and are not essentially different in the ethnological sense from the Arabs living in the neighboring countries of Syria, Jordan, Lebanon and Iraq. The very name of the supposed nation is non-Arabic in origin and derives from Hebrew root letters. The Arabs of Palestine have no connection or relationship to the ancient Philistines in ancient Gaza, from whom they have taken their new name.

It is a matter of the greatest irony and astonishment that the so-called Palestinian nation has received its greatest boost from Israel itself when it allowed a  Palestinian  administration to be set up in the areas of Judea, Samaria and Gaza under the leadership of Yasser Arafat.

The situation in which the Arabs of Palestine and the Land of Israel claim the same legal rights as the Jewish people violates the authentic international law that was created by the San Remo Resolution, the Mandate and the 1920 Franco-British Convention. It is part of the worldwide folly that has occurred since 1969 when the  Palestinian people  were first accorded international recognition, that authentic international law has been replaced by an ersatz international law composed of illegal UN Resolutions.

The Fourth Geneva Convention of 1949 and the Hague Regulations of 1907 are acts of genuine international law, but they have no direct application or relevance to the legal status of Judea, Samaria and Gaza which are integral territories of the Jewish National Home and the Land of Israel under the sovereignty of the State of Israel. These acts would apply only to the Arab occupation of Jewish territories, as occurred between 1948 and 1967 and not to the case of Israeli rule over the Jewish homeland. The hoax of the Palestinian people and their alleged rights to the Land of Israel as well as the farce that results from citing pseudo-international law to support their fabricated case must be exposed and brought to an end.

The Arabs of the Land of Israel have ignited a terrorist war against Israel to recover what they consider to be their occupied homeland. Their aim is a fantasy based on a gross myth and lie that can never be satisfied, since that would mean the conversion of the Land of Israel into an Arab country. It is up to the Government of Israel to take the necessary steps to remedy what has become an intolerable situation, which threatens the Jewish people with the loss of their immutable rights to their one and only homeland.

**Howard Grief, born in Montreal, Canada and educated as a lawyer at McGill University, made Aliyah to Israel in 1989. He was appointed (1991) international law adviser to the Minister of Energy and Infrastructure, Professor Yuval Ne'eman, on matters pertaining to the Land of Israel and Jewish legal rights thereto, which he has continuously researched and analyzed in great detail since 1982. 

In October 1993, he wrote the first of several articles denouncing the illegal agreements Israel made with the PLO that appeared in the pages of Nativ and elsewhere. He is the founder and director of the Office for Israeli Constitutional Law as well as a licensed attorney and notary based in Jerusalem.

San Remo Convention

WWI Document Archive > Conventions and Treaties > San Remo Convention

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Extract

From: The Israel-Arab Reader, edited, Walter Laqueur, New York, Bantam Books, 1976, pps 34-42. [NB: This is an edited version of the complete San Remo Agreement, and the elipses found within form part of Dr. Laqueur's editorial process.]

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"The San Remo Conference decided on April 24, 1920 to assign the Mandate [for Palestine] under the League of Nations to Britain. The terms of the Mandate were also discussed with the United States which was not a member of the League. An agreed text was confirmed by the Council of the League of Nations on July 24, 1922, and it came into operation in September 1923."

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The Council of the League of Nations:

Whereas the Principal Allied Powers have agreed, for the purpose of giving effect to the provisions of Article 22 of the Covenant of the League of Nations, to entrust to a Mandatory selected by the said Powers the administration of the territory of Palestine, which formerly belonged to the Turkish Empire, within such boundaries as may be fixed by them; and

Whereas the Principal Allied Powers have also agreed that the Mandatory should be responsible for putting into effect the declaration originally made on November 2nd, 1917, by the Government of His Britannic Majesty, and adopted by the said Powers, in favour of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing should be done which might 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; and

Whereas recognition has thereby been given to the historical connexion of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country;

and

Whereas the Principal Allied Powers have selected His Britannic Majesty as the Mandatory for Palestine; and

Whereas the mandate in respect of Palestine has been formulated in the following terms and submitted to the Council of the League for approval; and

Whereas His Britannic Majesty has accepted the mandate in respect of Palestine and undertaken to exercise it on behalf of the League of Nations in conformity with the following provisions; and

Whereas by the aforementioned Article 22 (paragraph 8), it is provided that the degree of authority, control or administration to be exercised by the Mandatory, not having been previously agreed upon by the Members of the League, shall be explicitly defined by the Council of the League of Nations;

Confirming the said Mandate, defines its terms as follows:

Article 1.

The Mandatory shall have full powers of legislation and of administration, save as they may be limited by the terms of this mandate.

Article 2.

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 3.

The Mandatory shall, so far as circumstances permit, encourage local autonomy.

Article 4.

An appropriate Jewish agency shall be recognized as a public body for the purpose of advising and cooperating with the Administration of Palestine in such economic, social and other matters as may affect the establishment of the Jewish national home and the interests of the Jewish population in Palestine, and, subject always to the control of the Administration, to assist and take part in the development of the country.

The Zionist Organization, so long as its organization and constitution are in the opinion of the Mandatory appropriate shall be recognized as such agency. It shall take steps in consultation with His Britannic Majesty's Government to secure the cooperation of all Jews who are willing to assist in the establishment of the Jewish national home.

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 6.

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 7.

The Administration of Palestine shall be responsible for enacting a nationality law. There shall be included in this law provisions framed so as to facilitate the acquisition of Palestinian citizenship by Jews who take up their permanent residence in Palestine.

Article 8.

The privileges and immunities of foreigners, including the benefits of consular jurisdiction and protection as formerly enjoyed by Capitulation or usage in the Ottoman Empire, shall not be applicable in Palestine.

Unless the Powers whose nationals enjoyed the aforementioned privileges and immunities on August 1st, 1914, shall have previously renounced the right to their re-establishment, or shall have agreed to their non-application for a specified period, these privileges and immunities shall, at the expiration of the mandate, be immediately re-established in their entirety or with such modifications as may have been agreed upon between the Powers concerned.

Article 9.

The Mandatory shall be responsible for seeing that the judicial system established in Palestine shall assure to foreigners, as well as to natives, a complete guarantee of their rights.

Respect for the personal status of the various peoples and communities and for their religious interests shall be fully guaranteed. In particular, the control and administration of Waqfs shall be exercised in accordance with religious law and the dispositions of the founders.

Article 10.

Pending the making of special extradition agreements relating to Palestine, the extradition treaties in force between the Mandatory and other foreign Powers shall apply to Palestine.

Article 11.

The Administration of Palestine shall take all necessary measures to safeguard the interests of the community in connection with the development of the country, and, subject to any international obligations accepted by the Mandatory, shall have full power to provide for public ownership or control of any of the natural resources of the country or of the public works, services and utilities established or to be established therein. It shall introduce a land system appropriate to the needs of the country having regard, among other things, to the desirability of promoting the close settlement and intensive cultivation of the land.

The Administration may arrange with the Jewish agency mentioned in Article 4 to construct or operate, upon fair and equitable terms, any public works, services and utilities, and to develop any of the natural resources of the country, in so far as these matters are not directly undertaken by the Administration. Any such arrangements shall provide that no profits distributed by such agency, directly or indirectly, shall exceed a reasonable rate of interest on the capital, and any further profits shall be utilized by it for the benefit of the country in a manner approved by the Administration.

Article 12.

The Mandatory shall be entrusted with the control of the foreign relations of Palestine, and the right to issue exequaturs to consuls appointed by foreign Powers. He shall also be entitled to afford diplomatic and consular protection to citizens of Palestine when outside its territorial limits.

Article 13.

All responsibility in connexion with the Holy Places and religious buildings or sites in Palestine, including that of preserving existing rights and of securing free access to the Holy Places, religious buildings and sites and the free exercise of worship, while ensuring the requirements of public order and decorum, is assumed by the Mandatory, who shall be responsible solely to the League of Nations in all matters connected herewith, provided that nothing in this article shall prevent the Mandatory from entering into such arrangements as he may deem reasonable with the Administration for the purpose of carrying the provisions of this article into effect; and provided also that nothing in this Mandate shall be construed as conferring upon the Mandatory authority to interfere with the fabric or the management of purely Moslem sacred shrines, the immunities of which are guaranteed.

Article 14.

A special Commission shall be appointed by the Mandatory to study, define and determine the rights and claims in connection with the Holy Places and the rights and claims relating to the different religious communities in Palestine. The method of nomination, the composition and the functions of this Commission shall be submitted to the Council of the League for its approval, and the Commission shall not be appointed or enter upon its functions without the approval of the Council.

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.

The right of each community to maintain its own schools for the education of its own members in its own language, while conforming to such educational requirements of a general nature as the Administration may impose, shall not be denied or impaired.

Article 16.

The Mandatory shall be responsible for exercising such supervision over religious or eleemosynary bodies of all faiths in Palestine as may be required for the maintenance of public order and good government. Subject to such supervision, no measures shall be taken in Palestine to obstruct or interfere with the enterprise of such bodies or to discriminate against any representative or member of them on the ground of his religion or nationality.

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.

Nothing in this article shall preclude the Administration of Palestine from contributing to the cost of the maintenance of the forces of the Mandatory in Palestine.

The Mandatory shall be entitled at all times to use the roads, railways and ports of Palestine for the movement of armed forces and the carriage of fuel and supplies.

Article 18.

The Mandatory shall see that there is no discrimination in Palestine against the nationals of any State Member of the League of Nations (including companies incorporated under its laws) as compared with those of the Mandatory or of any foreign State in matters concerning taxation, commerce or navigation, the exercise of industries or professions, or in the treatment of merchant vessels or civil aircraft. Similarly, there shall be no discrimination in Palestine against goods originating in or destined for any of the said States, and there shall be freedom of transit under equitable conditions across the mandated area.

Subject as aforesaid and to the other provisions of this mandate, the Administration of Palestine may, on the advice of the Mandatory, impose such taxes and customs duties as it may consider necessary, and take such steps as it may think best to promote the development of the natural resources of the country and to safeguard the interests of the population. It may also, on the advice of the Mandatory, conclude a special customs agreement with any State the territory of which in 1914 was wholly included in Asiatic Turkey or Arabia.

Article l9.

The Mandatory shall adhere on behalf of the Administration of Palestine to any general international conventions already existing, or which may be concluded hereafter with the approval of the League of Nations, respecting the slave traffic, the traffic in arms and ammunition, or the traffic in drugs, or relating to commercial equality, freedom of transit and navigation, aerial navitation and postal, telegraphic and wireless communicatiion or literary, artistic or industrial property.

Article 20.

The Mandatory shall co-operate on behalf of the Administration of Palestine, so far as religious, social and other conditions may permit, in the execution of any common policy adopted by the League of nations for preventing and combating disease, including diseases of plants and animals.

Article 21.

The Mandatory shall secure the enactment within twelve months from this date, and shall ensure the execution of a Law of Antiquities based on the following rules. This law shall ensure equality of treatment in the matter of excavations and archaeological research to the nationalals of all States Members of the League of Nations....

Article 22.

English, Arabic and Hebrew shall be the official languages of Palestine. Any statement or inscription in Arabic on stamps or money in Palestine shall be repeated in Hebrew and any statement or inscription in Hebrew shall be repeated in Arabic.

Article 23.

The Administration of Palestine shall recognize the holy days of the respective communities in Palestine as legal days of rest for the members of such communities.

Article 24.

The Mandatory shall make to the Council of the League of Nations an annual report to the satisfaction of the Council as to the measures taken during the year to carry out the provisions of the mandate. Copies of all laws and regulations promulgated or issued during the year shall be communicated with the report.

Article 25.

In the territories Iying 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.

Article 26.

The Mandatory agrees that if any dispute whatever should arise between the Mandatory and another Member of the League of Nations relating to the interpretation or the application of the provisions of the mandate, such dispute, if it cannot be settled by negotiation, shall be submitted to the Permanent Court of International Justice provided for by Article 14 of the Covenant of the League of Nations.

Article 27.

The consent of the Council of the League of Nations is required for any modification of the terms of this mandate.

Article 28.

In the event of the termination of the mandate hereby conferred upon the Mandatory, the Council of the League of Nations shall make such arrangements as may be deemed necessary for safeguarding in perpetuity, under guarantee of the League, the rights secured by Articles 13 and 14, and shall use its influence for securing, under the guarantee of the League, that the Government of Palestine will fully honour the financial obligations legitimately incurred by the Administration of Palestine during the period of the mandate, including the rights of public servants to pensions or gratuities.

The present instrument shall be deposited in original in the archives of the League of Nations and certified copies shall be forwarded by the Secretary General of the League of Nations to all Members of the League.

DONE AT LONDON the twenty-fourth day of July, one thousand nine hundred and twenty-two."

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WWI Document Archive > Conventions and Treaties > San Remo Convention