Chapter 1 – Palestine in History
Charts the history of the land of Palestine, from very early times up to the First World War. Cites the 1930 League of Nations Study reflecting thirteen centuries of Muslim rule of the territory. The Study found that in 1918, more than 90% of the population of Palestine comprised Palestinian Arabs and less than 10% Jews.
Charts the history of the land of Palestine, from very early times up to the First World War. Cites the 1930 League of Nations Study reflecting thirteen centuries of Muslim rule of the territory. The Study found that in 1918, more than 90% of the population of Palestine comprised Palestinian Arabs and less than 10% Jews.
Chapter 2 – Promises to the Arabs and the Jews
Addresses the position of Palestine at the time of the First World War, including agreements made between the Russians, French and British for the break-up of the Turkish Empire of which Palestine was a part. The chapter considers the terms and validity of British promises with respect to Palestine given to Arabs and Jews respectively – namely to the Sherif of Mecca in 1915/16 for support for Arab independence and in the Balfour declaration of 1917, supporting the establishment of a Jewish homeland in Palestine.
Addresses the position of Palestine at the time of the First World War, including agreements made between the Russians, French and British for the break-up of the Turkish Empire of which Palestine was a part. The chapter considers the terms and validity of British promises with respect to Palestine given to Arabs and Jews respectively – namely to the Sherif of Mecca in 1915/16 for support for Arab independence and in the Balfour declaration of 1917, supporting the establishment of a Jewish homeland in Palestine.
Chapter 3 – Palestine at the end of World War I
Describes the Mandate System introduced by the League of Nations in 1919 after the First World War, and the terms of the Mandate for Palestine confirmed in 1922, which entrusted Great Britain with the Palestine Mandate. The territorial boundaries of the land of Palestine were clarified prior to the Mandate’s commencement.
Describes the Mandate System introduced by the League of Nations in 1919 after the First World War, and the terms of the Mandate for Palestine confirmed in 1922, which entrusted Great Britain with the Palestine Mandate. The territorial boundaries of the land of Palestine were clarified prior to the Mandate’s commencement.
Chapter 4 – The Legal Status of Palestine under the Mandate
This chapter contains extensive consideration of the arguments concerning the legal status of Palestine during the Mandate and after the League of Nations’ demise, and the setting up of the United Nations. Despite the dissolution of the League of Nations, the Mandate over Palestine remained valid; the sacred trust of civilisation in regard to the Mandated territory and the Palestinian people was assumed by the United Nations. This is of great relevance to understanding the legitimacy and validity of United Nations resolutions regarding Palestine, including the Partition Resolution, the legal status of Jerusalem as a corpus separatum, the rights of displaced Palestinians, and the United Nations continuing role as a trustee of Palestine.
This chapter contains extensive consideration of the arguments concerning the legal status of Palestine during the Mandate and after the League of Nations’ demise, and the setting up of the United Nations. Despite the dissolution of the League of Nations, the Mandate over Palestine remained valid; the sacred trust of civilisation in regard to the Mandated territory and the Palestinian people was assumed by the United Nations. This is of great relevance to understanding the legitimacy and validity of United Nations resolutions regarding Palestine, including the Partition Resolution, the legal status of Jerusalem as a corpus separatum, the rights of displaced Palestinians, and the United Nations continuing role as a trustee of Palestine.
Chapter 5 – Termination of Palestine Mandate
This chapter considers whether, and how, a Mandate could be terminated and the legal status of the Mandated territory after that. The conditions and guarantees necessary for the termination of a Mandate were not satisfied in the case of the Arab part of the territory of Mandated Palestine; as such, the United Nations continued to have responsibility for the territory allocated to the Arabs. The League of Nations had sovereign powers over Palestine with the UK acting merely as trustee prior to the termination of the Mandate.
This chapter considers whether, and how, a Mandate could be terminated and the legal status of the Mandated territory after that. The conditions and guarantees necessary for the termination of a Mandate were not satisfied in the case of the Arab part of the territory of Mandated Palestine; as such, the United Nations continued to have responsibility for the territory allocated to the Arabs. The League of Nations had sovereign powers over Palestine with the UK acting merely as trustee prior to the termination of the Mandate.
Chapter 6 – The United Kingdom Refers the Problem of Palestine to the United Nations
Refers to the British Government’s view that the future Government to be established in Palestine was a matter for the UN General Assembly to determine. Cites excerpts from the 1947 UN Special Committee report on Palestine putting forward both the Jewish case and the Arab cases in respect of the land. Introduces briefly the UN Partition Resolution.
Refers to the British Government’s view that the future Government to be established in Palestine was a matter for the UN General Assembly to determine. Cites excerpts from the 1947 UN Special Committee report on Palestine putting forward both the Jewish case and the Arab cases in respect of the land. Introduces briefly the UN Partition Resolution.
The validity of the UN Partition Resolution on the future Government of Palestine (Resolution 181 (II)) has been a source of profound legal controversy. The Chapter examines in detail various legal arguments concerning the validity of the Resolution that have been put forward by different jurists.
Chapter 8 – Israel’s Attitude Towards the Partition Resolution
This chapter cites and discusses contemporaneous material relating to Israel’s attitude towards the Partition Resolution, concluding that the frequent and specific references to the UN Partition Resolution by Israel cannot be disregarded and are both relevant and significant as regards a determination of the rights and duties of Arabs and Israelis. The chapter includes the views of Israel’s founders in minutes and more formal material concerning the Partition Resolution as a legal basis for the founding of Israel, the Proclamation declaring the Establishment of the State of Israel and the declaration by Israel that it accepted the obligations of the UN Charter.
This chapter cites and discusses contemporaneous material relating to Israel’s attitude towards the Partition Resolution, concluding that the frequent and specific references to the UN Partition Resolution by Israel cannot be disregarded and are both relevant and significant as regards a determination of the rights and duties of Arabs and Israelis. The chapter includes the views of Israel’s founders in minutes and more formal material concerning the Partition Resolution as a legal basis for the founding of Israel, the Proclamation declaring the Establishment of the State of Israel and the declaration by Israel that it accepted the obligations of the UN Charter.
Chapter 9 – What are the Boundaries of Israel?
Examination of what, in law, are the boundaries of Israel. Refers to the 1947 Declaration of the State of Israel and correspondence between the Provisional Government of Israel and the UN – Israel noting repeatedly that the UN’s Partition Resolution was the basis of the legitimacy of Israel.
Examination of what, in law, are the boundaries of Israel. Refers to the 1947 Declaration of the State of Israel and correspondence between the Provisional Government of Israel and the UN – Israel noting repeatedly that the UN’s Partition Resolution was the basis of the legitimacy of Israel.
Chapter 10 – Israel Claims New Boundaries After Armed Conflict
Following the armed conflicts in 1949 and 1967, Israel sought to assert title to territory beyond that envisaged in the Partition Resolution. However, as Israel had accepted the Partition Resolution, the basis of Israel’s title to territory, adaptations of territorial specifications would only be valid insofar as they would leave the Partition Plan substantially intact. Israel could not be expanded to cover the territory of Palestine, reducing the Arab claim to vanishing point. The UN has repeatedly reaffirmed the inadmissibility of the acquisition of territory by war.
Following the armed conflicts in 1949 and 1967, Israel sought to assert title to territory beyond that envisaged in the Partition Resolution. However, as Israel had accepted the Partition Resolution, the basis of Israel’s title to territory, adaptations of territorial specifications would only be valid insofar as they would leave the Partition Plan substantially intact. Israel could not be expanded to cover the territory of Palestine, reducing the Arab claim to vanishing point. The UN has repeatedly reaffirmed the inadmissibility of the acquisition of territory by war.
Chapter 11 – The General Assembly of the United Nations resolved to admit Israel to the UN on 11th May 1949
The UN General Assembly resolved to admit Israel to the UN on 11 th May 1949. The admission was based on Israel’s unreserved acceptance of the obligations of the UN Charter giving assurances that Israel would abide by the Partition Resolution, and that the displaced Palestinians had the right to return to their homes or be compensated. These assurances were material to Israel’s admission to the UN. Various nations reaffirm the validity and continuing operation of the Partition Resolution and the two states contemplated by it. Israel refers to the Partition Resolution as “the historic resolution providing for the establishment of the Jewish state”.
The UN General Assembly resolved to admit Israel to the UN on 11 th May 1949. The admission was based on Israel’s unreserved acceptance of the obligations of the UN Charter giving assurances that Israel would abide by the Partition Resolution, and that the displaced Palestinians had the right to return to their homes or be compensated. These assurances were material to Israel’s admission to the UN. Various nations reaffirm the validity and continuing operation of the Partition Resolution and the two states contemplated by it. Israel refers to the Partition Resolution as “the historic resolution providing for the establishment of the Jewish state”.
Chapter 12 – Describes the history of the principle of self-determination
This Chapter describes the history of the principle of self-determination, early formulations of which were expressed by the US as the “right of native races to dispose freely of themselves and of their hereditary soil”, the principle subsequently enshrined in the United Nations Charter, the Universal Declaration of Human Rights and several other UN resolutions concerning both colonial territories and Palestine. The UN has several times recognised the inalienable rights of the Palestinian people as including the right of self determination and the right to national independence and sovereignty.
This Chapter describes the history of the principle of self-determination, early formulations of which were expressed by the US as the “right of native races to dispose freely of themselves and of their hereditary soil”, the principle subsequently enshrined in the United Nations Charter, the Universal Declaration of Human Rights and several other UN resolutions concerning both colonial territories and Palestine. The UN has several times recognised the inalienable rights of the Palestinian people as including the right of self determination and the right to national independence and sovereignty.
Chapter 13 – The Palestinians’ right of return
An estimated two million Palestinians were displaced by the hostilities in 1947/48 and 1967. More than 100 United Nations Resolutions reaffirmed the Palestinians right of return and entitlement to compensation. The Chapter raises the controversy about the causes of why Palestinians left their residences during the conflict, concluding that the Palestinians’ right of return could not be compromised or vitiated under international law.
An estimated two million Palestinians were displaced by the hostilities in 1947/48 and 1967. More than 100 United Nations Resolutions reaffirmed the Palestinians right of return and entitlement to compensation. The Chapter raises the controversy about the causes of why Palestinians left their residences during the conflict, concluding that the Palestinians’ right of return could not be compromised or vitiated under international law.
Chapter 14 – Security Council Resolution 242
As a result of the hostilities of the six day war in 1967, Israel occupied East Jerusalem, the West Bank, Gaza, the Golan Heights and Sinai. UN Security Council Resolution 242 passed later that year required Israel to withdraw its armed forces from territories occupied in the recent conflict, reaffirming that territory could be acquired by war. The chapter discusses Resolution 242 and its contested legal interpretations, including the interpretations of the US, UK, China and Russia, concluding that Resolution 242 was intended to effect withdrawal from all of the occupied territories except for mutually agreed minor adjustments.
As a result of the hostilities of the six day war in 1967, Israel occupied East Jerusalem, the West Bank, Gaza, the Golan Heights and Sinai. UN Security Council Resolution 242 passed later that year required Israel to withdraw its armed forces from territories occupied in the recent conflict, reaffirming that territory could be acquired by war. The chapter discusses Resolution 242 and its contested legal interpretations, including the interpretations of the US, UK, China and Russia, concluding that Resolution 242 was intended to effect withdrawal from all of the occupied territories except for mutually agreed minor adjustments.
Chapter 15 – The Status of Jerusalem
Because of Jerusalem’s deep significance to Judaism, Christianity and Islam, the Partition Resolution provided that Jerusalem should have the legal status of a special international zone, or corpus separatum. The chapter submits that the international law concept of corpus separatum for Jerusalem remains legally valid. The US has previously indicated support for a special international regime for Jerusalem in conformity with this concept, and explicitly respected the interest of the UN in relation to the status of Jerusalem; similarly, the stance adopted by the Government of Israel in 1949 recognises the special nature and status of Jersualem.
Because of Jerusalem’s deep significance to Judaism, Christianity and Islam, the Partition Resolution provided that Jerusalem should have the legal status of a special international zone, or corpus separatum. The chapter submits that the international law concept of corpus separatum for Jerusalem remains legally valid. The US has previously indicated support for a special international regime for Jerusalem in conformity with this concept, and explicitly respected the interest of the UN in relation to the status of Jerusalem; similarly, the stance adopted by the Government of Israel in 1949 recognises the special nature and status of Jersualem.
Chapter 16 – Palestine and Jordan: merger and separation
The Palestinian territory occupied in 1948 by Jordanian armed forces was merged with Jordan in 1950. Serious questions arose as to the validity of the decision to merge. The West Bank was separated in 1988 at the request of the Palestine Liberation Organization which, having been designated at the Arab Summit conference in Morocco in 1974 as the “sole legitimate representative of the Palestinian people”, took over responsibility for the vacuum caused by the withdrawal of Jordan.
The Palestinian territory occupied in 1948 by Jordanian armed forces was merged with Jordan in 1950. Serious questions arose as to the validity of the decision to merge. The West Bank was separated in 1988 at the request of the Palestine Liberation Organization which, having been designated at the Arab Summit conference in Morocco in 1974 as the “sole legitimate representative of the Palestinian people”, took over responsibility for the vacuum caused by the withdrawal of Jordan.
Chapter 17 – Palestine’s Declaration of Independance
This Chapter addresses Palestine’s Declaration of Independence in 1988, and its validity and legal effect. The same year, the UN General Assembly resolved to use the designation “Palestine” in place of ”Palestine Liberation Organization” in the UN system.
This Chapter addresses Palestine’s Declaration of Independence in 1988, and its validity and legal effect. The same year, the UN General Assembly resolved to use the designation “Palestine” in place of ”Palestine Liberation Organization” in the UN system.
Chapter 18 – A Pro-Israel Response
Professor Julius Stone, Professor at the University of California Hastings College of Law, wrote extensively in support of Zionism and the policies of the government of Israel. Although some of his legal arguments have been considered and discussed in previous chapters, this Chapter examines and responds to his work as a whole. Although Professor Stone’s views are not those of the government of Israel, many have been quoted and defended by Israeli government sources.
Professor Julius Stone, Professor at the University of California Hastings College of Law, wrote extensively in support of Zionism and the policies of the government of Israel. Although some of his legal arguments have been considered and discussed in previous chapters, this Chapter examines and responds to his work as a whole. Although Professor Stone’s views are not those of the government of Israel, many have been quoted and defended by Israeli government sources.
Chapter 19 – Update
Refers to the Declaration of Principles in Washington of 1993 and subsequent events until 1996. Key problems remain outstanding between Israel and the Palestinians: will there be a state of Palestine?; The handing over of territory; The status of Jerusalem; Jewish settlements in occupied territory; The refugees and the question of return. The chapter notes further resolutions of the UN on the question of Palestine (up to and including 1996), including a resolution declaring that the decision of Israel to impose laws, jurisdiction and administration on Jerusalem was illegal.
Refers to the Declaration of Principles in Washington of 1993 and subsequent events until 1996. Key problems remain outstanding between Israel and the Palestinians: will there be a state of Palestine?; The handing over of territory; The status of Jerusalem; Jewish settlements in occupied territory; The refugees and the question of return. The chapter notes further resolutions of the UN on the question of Palestine (up to and including 1996), including a resolution declaring that the decision of Israel to impose laws, jurisdiction and administration on Jerusalem was illegal.
Appendix I
Declaration of Principles on Interim Self-Government Arrangements by the Government of Israel and Palestine Liberation Organization 13th September 1993
Declaration of Principles on Interim Self-Government Arrangements by the Government of Israel and Palestine Liberation Organization 13th September 1993
Appendix II
Mandate from the League of Nations to the British Government for the administration of Palestine
Mandate from the League of Nations to the British Government for the administration of Palestine
Appendix III
Amendment of Article 25 of the Palestinian Mandate
Amendment of Article 25 of the Palestinian Mandate
Appendix IV
The UN partition resolution on 29/11/1947
The UN partition resolution on 29/11/1947
Appendix V
UN Self-determination for Peoples 14/12/1960
UN Self-determination for Peoples 14/12/1960
Appendix VI
The Right of Return of the Palestinian people – UN General Assembly Resolution 194 dated 11/12/1948 and subsequent UN resolutions
The Right of Return of the Palestinian people – UN General Assembly Resolution 194 dated 11/12/1948 and subsequent UN resolutions
Appendix VII
Jerusalem’s Holy Places under the Mandate – Order in Council 19/5/1931
Jerusalem’s Holy Places under the Mandate – Order in Council 19/5/1931
Appendix VIII
Declaration of Independence of the State of Palestine
Declaration of Independence of the State of Palestine