Book contents
- The Legality of a Jewish State
- The Legality of a Jewish State
- Copyright page
- Contents
- Figures
- Preface
- United Nations Entities
- Abbreviations
- Frontispiece
- Part I Battalions or Barristers
- Part II A Pair of Godfathers
- Part III A Flight from Justice
- Part IV From the Ashes of War
- 11 Did the League of Nations Covenant Violate Rights?
- 12 Were the Wishes of the Palestine Population Considered?
- 13 Did a National Home Violate the League Covenant?
- 14 Was Jewish Statehood Endorsed by the League of Nations?
- 15 Did the Palestine Mandate Carry the Force of Law?
- 16 Was Palestine a State?
- Part V Whose State?
- Part VI Jewish Statehood on the Ground
- Part VII Legitimacy in the New Century
- Notes
- Select Bibliography
- Index
15 - Did the Palestine Mandate Carry the Force of Law?
from Part IV - From the Ashes of War
Published online by Cambridge University Press: 09 December 2021
- The Legality of a Jewish State
- The Legality of a Jewish State
- Copyright page
- Contents
- Figures
- Preface
- United Nations Entities
- Abbreviations
- Frontispiece
- Part I Battalions or Barristers
- Part II A Pair of Godfathers
- Part III A Flight from Justice
- Part IV From the Ashes of War
- 11 Did the League of Nations Covenant Violate Rights?
- 12 Were the Wishes of the Palestine Population Considered?
- 13 Did a National Home Violate the League Covenant?
- 14 Was Jewish Statehood Endorsed by the League of Nations?
- 15 Did the Palestine Mandate Carry the Force of Law?
- 16 Was Palestine a State?
- Part V Whose State?
- Part VI Jewish Statehood on the Ground
- Part VII Legitimacy in the New Century
- Notes
- Select Bibliography
- Index
Summary
The Palestine Mandate was argued to have been a document with legal force on the basis that the Council of the League of Nations voted to approve it. The Palestine Mandate lacked such a status, it was argued in response. The Palestine Mandate was not concluded as a treaty. It was not registered with the League as a treaty. It does not appear in League records that give treaties to which League members are party. Britain’s A. J. Balfour told the Council that the Palestine Mandate would have legal force once Turkey ceded sovereignty to the World War I Allies. Turkey never did so. When a peace treaty with Turkey was finalized, Turkey renounced sovereignty in favor of Palestine, not in favor of the Allies. When Britain explained its status in Palestine to the Permanent Court of International Justice, its counsel wrote that, as result of Turkey’s refusal to renounce sovereignty to the Allies, Britain acquired no legal status. He said that Britain’s standing in Palestine was that of belligerent occupant as result of having taken Palestine by force of arms. He did not mention any rights of Britain that might have come from the League of Nations.
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- The Legality of a Jewish StateA Century of Debate over Rights in Palestine, pp. 120 - 132Publisher: Cambridge University PressPrint publication year: 2021