Published online by Cambridge University Press: 21 April 2022
This chapter deals with two key documents concerning Palestine adopted during the First World War. The 1916 Sykes-Picot Agreement was an agreement between Britain and France to divide the Middle East into respective areas of influence. The agreement was conditional on Britain and France defeating the Ottoman Empire. The Agreement ignored national interests of both Arabs and Jews. It was, however, a binding agreement between two sovereign States. The fact that it was a secret agreement and ignored rights of self-determination did not affect its legality at the time. An exchange of correspondence between British High Commissioner McMahon and Hussein Sherif of Mecca promised Arab independence. It is doubtful that the correspondence was regarded as a treaty at the time; nevertheless, it can be considered a binding international commitment by Britain. The fact that it was secret and conditional on Britain defeating the Ottomans does not detract from its legal validity. Britain apparently intended to exclude Palestine from the area promised to Hussein but, for political reasons, used ambiguous language that did not make an explicit reference to excluding Palestine.
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