Tuesday, 12 July 2011

July 11, 2011

ECI: “Pushing Israel back to 1967 lines is illegal under International Law”


European Coalition for Israel Press release

European speaking tour on Israel’s legal rights concluded in the Palace of

Westminster in London

    “Pushing back Israel to 1967 lines is illegal under International Law”

London, 8th July, 2011 –

    The Balfour Declaration, issued by the British Government in 1917, in which the Jewish people were promised a
    national home did not qualify as international law.However, the San Remo Resolution of 1920, which incorporated
    the Balfour Declaration, made the pledge binding under International Law. The San Remo Declaration, together
    with Article 22 of the Covenant of the League of Nations and Article 80 in the Charter of the United Nations, are
    still applicable today. Pressurising Israel to go back to 1967 lines and dividing Jerusalem would thus be a
    serious breach of International Law.

These were the words of international human rights lawyer Jacques Gauthier who spoke at a consultation in the House of

Commons in London on Thursday, little more than two months before a crucial vote in the UN General Assembly in

New York.

This is where Israel is being pressurized to accept a new Palestinian state along 1967 lines and to give up the Old City of

Jerusalem. In his presentation, Dr Gauthier explained how the Old City of Jerusalem was promised to the Jews and how

the Jewish claim to its capital is valid under International Law.

The British and French Governments have said that ”they prefer a negotiated solution to the conflict between the Israeli

Government and the Palestinian Authority, but have not ruled out accepting a unilateral declaration of a Palestinian State

in September if no progress is made in the peace process in the next weeks.”

In his speech, Gauthier reminded the participants, among them members of both Houses of Parliament, of all the good that

British Governments have done over the years to pave the way for a Jewish state, but also about their broken promises.
-

    ‘Just imagine how the world could have been a different place if the White Paper of 1938 which prevented Jews who
    tried to flee Germany from entering Palestine, had not been issued by the British government.’

ECI director Tomas Sandell noted that it is often easier to commemorate and regret events of the past rather than to make

wise decisions in the here and now.

    -‘History is being written as we speak. Let us make sure we make decisions of which we can feel proud when the
    events of 2011 are added to the history books’

he said, appealing to the British Government not to pressurise Israel into acceptin1967 lines.

The London event concluded a speaking tour of Italy, France and Britain, where these former members of the Supreme

Council of the Principal Allied Powers of the First World War were reminded of the pledges made to the Jewish people

under International Law. As most people appear to believe that it was the UN Partition Plan of 1947 which gave

Israel legitimacy, the speaking tour has focussed on Israel’s legal rights under International Law, dating back to 1920.

-

    ‘Rights were given, both to Arabs and to Jews. We need to honour all of our commitments, including those given to
    the Jews, as we seek a negotiated solution to the conflict in the Middle East’

, Dr Gauthier concluded.

The meeting was hosted by MP Jeffrey Donaldson who asked the British Government to carefully consider its decision.

-‘Dividing up cities is not the formula for peace’, he said, reminding the Government of their experience in dealing with his

hometown of Belfast.

He personally thanked Dr Gauthier for his presentation which he considered the best overview of Israel’s legal rights he had

ever heard.

The ECI information campaign will continue with more activities in the coming weeks leading up to the UN vote in mid-

September.

few links:

From Wikipedia, the free encyclopedia

The San Remo[1] Conference was an international meeting of the post-World War I Allied Supreme Council, held in

Sanremo, Italy, from 19 to 26 April 1920. It was attended by the four Principal Allied Powers of World War I who were

represented by the prime ministers of Britain (David Lloyd George), France (Alexandre Millerand) and Italy

(Francesco Nitti) and by Japan's Ambassador K. Matsui.

It determined the allocation of Class "A" League of Nations mandates for administration of the former

Ottoman-ruled lands of the Middle East.

The precise boundaries of all territories were left unspecified, to "be determined by the Principal Allied

Powers"[2] and were not finalized until four years later. The conference's decisions were embodied in the

stillborn Treaty of Sèvres (Section VII, Art 94-97). As Turkey rejected this treaty, the conference's decisions

were only finally confirmed by the Council of the League of Nations on 24 July 1922, and when Turkey

accepted the terms of the 1923 Treaty of Lausanne.

Contents

[hide]

[edit]Background

During the meetings of the "Council of Four" in 1919, British Prime Minister Lloyd George stated that

the McMahon-Hussein Correspondence was a treaty obligation. He also explained that the agreement

with Hussein had been the basis for the Sykes-Picot Agreement. He told the French Foreign Minister

that the proposed League Of Nations Mandate System could not be used as an excuse to break the

terms of the Hussein Agreement. Under the terms of the Sykes-Picot Agreement, the British and French

had agreed to an independent Arab state, or confederation of states, and consultations with the sharif

of Mecca. The French had also agreed that their military would not occupy Damascus, Homs, Homa

and Allepo.[3] As early as July 1919 the parliament of Greater Syria had refused to acknowledge any

right claimed by the French Government to any part of Syrian territory.[4]

On 30 September 1918 supporters of the Arab Revolt in Damascus declared a government loyal to the

sharif of Mecca. He had been declared "King of the Arabs" by religious leaders and other notables in

Mecca.[5] On 6 January 1920 Prince Faisal initialed an agreement with French Prime Minister

Clemenceau which acknowledged "the right of the Syrians to unite to govern themselves as an independent

nation".[6] A Pan-Syrian Congress, meeting in Damascus, had declared an independent state of Syria

on 8 March 1920.[7] The new state included Syria, Palestine, Lebanon and portions of northern Mesopotamia

which had been set aside under the Sykes-Picot Agreement for an independent Arab state, or confederation

of states. King Faisal was declared the head of state. At the same time Prince Zeid, Faisal's brother, was

declared regent of Mesopotamia.

The San Remo conference was hastily convened. Great Britain and France both agreed to recognize the

provisional independence of Syria and Mesopotamia, while "reluctantly" claiming mandates for their administration.

Palestine was composed of the Ottoman administrative districts of southern Syria. Under customary international

law, premature recognition of its independence would be a gross affront to the government of the newly declared


parent state. It could have been construed as a belligerent act of intervention without any League of Nations

sanction.[8] In any event, its provisional independence was not mentioned although it continued to be

designated as a Class A Mandate.

France had decided to govern Syria directly, and took action to enforce the French Mandate of Syria before the

terms had been accepted by the Council of the League of Nations. The French issued an ultimatum and

intervened militarily at the Battle of Maysalun in June 1920. They deposed the indigenous Arab government

and removed King Faisal from Damascus in August 1920. Great Britain also appointed a high commissioner

and established their own mandatory regime in Palestine, without first obtaining approval from the Council of

the League of Nations.

Article 22 of the covenant was written two months before the signing of the peace treaty. It was not known at

that time to which territories paragraphs 4, 5 and 6 would relate. The territories which came under the regime

set up by this article were three former parts of the Ottoman Empire and seven former overseas possessions

of Germany referred to in Part IV, Section I, of the treaty of peace. Those 10 territorial areas were originally

administered under 15 mandates.[9] The decisions of the San Remo Conference confirmed the mandate

allocations of the First Conference of London (February 1920). The San Remo Resolution adopted on 25 April

1920 incorporated the Balfour Declaration of 1917. It and Article 22 of the Covenant of the League of Nations

were the basic documents upon which theMandate for Palestine was constructed.[10] Britain received the

mandate for Palestine and Iraq; France gained control of Syria including present-day Lebanon.

[edit]Text of the Resolution

San Remo Resolution - April 25, 1920

It was agreed –

(a) To accept the terms of the Mandates Article as given below with reference to Palestine, on the

understanding that there was inserted in the process-verbal an undertaking by the Mandatory Power

that this would not involve the surrender of the rights hitherto enjoyed by the non-Jewish communities

in Palestine; this undertaking not to refer to the question of the religious protectorate of France, which

had been settled earlier in the previous afternoon by the undertaking given by the French Government

that they recognized this protectorate as being at an end.

(b) that the terms of the Mandates Article should be as follows:

The High Contracting Parties agree that Syria and Mesopotamia shall, in accordance with the fourth

paragraph of Article 22, Part I (Covenant of the League of Nations), be provisionally recognized as

independent States, subject to the rendering of administrative advice and assistance by a mandatory

until such time as they are able to stand alone. The boundaries of the said States will be determined,

and the selection of the Mandatories made, by the Principal Allied Powers.

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. The Mandatory will be responsible for putting into effect

the declaration originally made on November 8, 1917, by the British Government, and adopted by the

other Allied Powers, in favour of the establishment in Palestine of a national home for the Jewish people,

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.

La Puissance mandataire s’engage a nommer dans le plus bref delai une Commission speciale pour

etudier toute question et toute reclamation concernant les differentes communautes religieuses et en

etablir le reglement. Il sera tenu compte dans la composition de cette Commission des interets

religieux en jeu. Le President de la Commission sera nomme par le Conseil de la Societe des Nations.

The terms of the mandates in respect of the above territories will be formulated by the Principal

Allied Powers and submitted to the Council of the League of Nations for approval.

Turkey hereby undertakes, in accordance with the provisions of Article [132 of the Treaty of Sèvres]

to accept any decisions which may be taken in this connection.

(c) Les mandataires choisis par les principales Puissances allies sont: la France pour la Syrie, et la

Grande Bretagne pour la Mesopotamie, et la Palestine.

In reference to the above decision the Supreme Council took note of the following reservation of the

Italian Delegation:

La Delegation Italienne en consideration des grands interets economiques que l’Italie en tant que

puissance exclusivement mediterraneenne possede en Asie Mineure, reserve son approbation a la

presente resolution, jusqu’au reglement des interets italiens en Turquie d’Asie.

[edit]See also

[edit]References

  • Fromkin, David (1989). A Peace to End All Peace. New York: Henry Holt.
  • Stein, Leonard (1961). The Balfour Declaration. London: Valentine Mitchell.
  • Howard Grief, The Legal Foundation and Borders of Israel under International Law, Jerusalem, Mazo
  • Publishers, 2008.
  • Howard Grief, Legal Rights and Title of Sovereignty of the Jewish People to the Land of Israel and
  • Palestine under International Law, Shaarei Tikva, Ariel Center for Policy Research, 2003.

[edit]Footnotes

  1. ^ The official spelling of the city is Sanremo, a phonetic contraction for the name San Romolo
  2. (Saint Romolo), official saint and protector of the city, which in the localLigurian sounds like
  3. San Rœmu. The spelling San Remo was introduced (for unknown reasons) in 1924 by the
  4. City Mayor and used in official documents during Fascism. This form of the name is still used
  5. on some road signs and tourist information. It has been the most widely used form of the name
  6. in English at least since the 19th century.
  7. ^ See: San Remo Resolution
  8. ^ "The Council of Four: minutes of meetings March 20 to May 24, 1919", pages 1 thru 8
  9. ^ King Husain and the Kingdom of Hejaz, by Randall Baker, Oleander Press, 1979, ISBN 090089
  10. 1483, page 161
  11. ^ Jordan: Living in the Crossfire, Alan George, Zed Books, 2005, ISBN 1842774719, page 6
  12. ^ [Britain, the Hashemites and Arab Rule, 1920-1925, by Timothy J. Paris, Routledge, 2003,
  13. ISBN 0714654515, Page 69]
  14. ^ King's Complete History of the World War, William C. King, The History Associates, 1922,
  15. page 665
  16. ^ see for example International Law, Papers of Hersch Lauterpacht, edited by Elihu Lauterpacht,
  17. CUP Archive, 1970, ISBN 0521212073, page 116 and Statehood and the Law of Self-determination,

  19. D. Raič, Martinus Nijhoff Publishers, 2002, ISBN 904111890X, page 95
  20. ^ FRUS, The Paris Peace Conference, 1919, Volume XII Treaty Of Versailles, Annotations Of the
  21. Text
  22. ^ Under the Balfour Declaration the British government had undertaken to favour the establishment
  23. of a Jewish national home in Palestine without prejudice to the civil and religious rights of existing
  24. non-Jewish communities in Palestine or the rights and political status enjoyed by Jews in any other
  25. country.

[edit]Further reading

  • "Conferees Depart from San Remo", New York Times, April 28, 1920, Wednesday. "CONFEREES
  • DEPART FROM SAN REMO; Millerand Receives Ovation from Italians on His Homeward Journey.
  • RESULTS PLEASE GERMANS; Berlin Liberal Papers Rejoice at Decision to Invite Chancellor to Spa
  • Conference."

[edit]External links

Posted by Britannia Radio at 11:11