Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-dsjbd Total loading time: 0 Render date: 2024-11-22T16:48:44.972Z Has data issue: false hasContentIssue false

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

John Quigley
Affiliation:
Ohio State University
Get access

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.

Type
Chapter
Information
The Legality of a Jewish State
A Century of Debate over Rights in Palestine
, pp. 120 - 132
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×