ISRAEL-PALESTINE PART I -UNO and League of Nations Documents

Parts I thru X provided extracts from Official Documents of the UNO and the League of Nations. This material should be read carefully as it illustrates the problems and their complexities over many years in the Middle East.

This is an additional Source for reference and backup to The Palestine-Israel Study conducted by C. S. Franklyn, Founder of the BaldEagleJournal.COM

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THE ORIGINS AND EVOLUTION OF THE PALESTINE - ISRAEL PROBLEM
                                (1917-1988)

The question of Palestine was brought before the United Nations shortly after the end of the Second World War.

The origins of the Palestine problem as an international issue, however, lie in events occurring towards the end of the First World War. These events led to a League of Nations decision to place Palestine under the administration of Great Britain as the Mandatory Power under the Mandates System adopted by the League. In principle, the Mandate was meant to be in the nature of a transitory phase until Palestine attained the status of a fully independent nation, a status provisionally recognized in the League's Covenant, but in fact the Mandate's historical evolution did not result in the emergence of Palestine as an independent nation.

The decision on the Mandate did not take into account the wishes of the people of Palestine, despite the Covenant's requirements that "the wishes of these communities must be a principal consideration in the selection of the Mandatory". This assumed special significance because, almost five years before receiving the mandate from the League of Nations, the British Government had given commitments to the Zionist Organization regarding the establishment of a Jewish national home in Palestine, for which Zionist leaders had pressed a claim of "historical connection" since their ancestors had lived in Palestine two thousand years earlier before dispersing in the "Diaspora".

During the period of the Mandate, the Zionist Organization worked to secure the establishment of a Jewish national home in Palestine. The indigenous people of Palestine, whose forefathers had inhabited the land for virtually the two preceding millennia felt this design to be a violation of their natural and inalienable rights. They also viewed it as an infringement of assurances of independence given by the Allied Powers to Arab leaders in return for their support during the war. The result was mounting resistance to the Mandate by Palestinian Arabs, followed by resort to violence by the Jewish community as the Second World War drew to a close.

After a quarter of a century of the Mandate, Great Britain submitted what had become "the Palestine problem" to the United Nations on the ground that the Mandatory Power was faced with conflicting obligations that had proved irreconcilable. At this point, when the United Nations itself was hardly two years old, violence ravaged Palestine. After investigating various alternatives the United Nations proposed the partitioning of Palestine into two independent States, one Palestinian Arab and the other Jewish, with Jerusalem internationalized. The partition plan did not bring peace to Palestine, and the prevailing violence spread into a Middle East war halted only by United Nations action. One of the two States envisaged in the partition plan proclaimed its independence as Israel and, in a series of successive wars, its territorial control expanded to occupy all of Palestine. The Palestinian Arab State envisaged in the partition plan never appeared on the world's map and, over the following 30 years, the Palestinian people have struggled for their lost rights.

The Palestine problem quickly widened into the Middle East dispute between the Arab States and Israel. From 1948 there have been wars and destruction, forcing millions of Palestinians into exile, and engaging the United Nations in a continuing search for a solution to a problem which came to possess the potential of a major source of danger for world peace.

In the course of this search, a large majority of States Members of the United Nations have recognized that the Palestine issue continues to lie at the heart of the Middle East problem, the most serious threat to peace with which the United Nations must contend. Recognition is spreading in world opinion that the Palestinian people must be assured its inherent inalienable right of national self-determination for peace to be restored.

In 1947 the United Nations accepted the responsibility of finding a just solution for the Palestine issue, and still grapples with this task today. Decades of strife and politico-legal arguments have clouded the basic issues and have obscured the origins and evolution of the Palestine problem, which this study attempts to clarify.

By the turn of the century, the "Eastern question" was a predominant concern of European diplomacy, as the Great Powers maneuvered to establish control or spheres of influence over territories of the declining Ottoman Empire. "The dynamics of the Eastern question thus lay in Europe" 1/ and the issue finally was resolved by the defeat of Turkey in the First World War.

While the war was at its height and the disintegration of the Ottoman Empire became clearly imminent, the Entente Powers already were negotiating over rival territorial ambitions. In 1916 negotiations between Britain, France and Russia, later also including Italy, led to the secret Sykes-Picot agreement on the allocation of Ottoman Arab territories to spheres of influence of the European Powers (annex I). Since places sacred to three world religions were located there, an international régime was initially envisaged for Palestine which, however, eventually was to come under British control.

Although the European Powers sought to establish spheres of influence, they recognized that sovereignty would rest with the rulers and people of the Arab territories, and the Sykes-Picot agreement specified recognition of an "independent Arab State" or "confederation of Arab States". This reflected the recognition of regional realities, since the force of emergent Arab nationalism constituted a major challenge to the supra-national Ottoman Empire. Arab nationalism sought manifestation in the form of sovereign, independent national States on the European model. Great Britain's claims in the war linked with these Arab national aspirations and led to assurances of sovereign independence for the Arab peoples after the defeat of the Axis Powers.

These assurances appear in correspondence 2/ during 1915-1916 between Sir Henry McMahon, British High Commissioner in Egypt, and Sherif Husain, Emir of Mecca, who held the special status of the Keeper of Islam's most holy cities. He thus acted as a representative of the Arab peoples, although not exercising formal political suzerainty over them all.

In the course of the protracted correspondence, the Sherif unequivocally demanded "independence of the Arab countries", specifying in detail the boundaries of the territories in question, which clearly included Palestine. McMahon confirmed that "Great Britain is prepared to recognize and support the independence of the Arabs in all the regions within the limits demanded by the Sherif of Mecca".

To assuage Arab apprehensions aroused by the revelation of the Sykes-Picot agreement by the Soviet Government after the 1917 revolution, and by certain conflicting statements of British policy (see sect. II below), further assurances followed concerning the future of Arab territories.

A special message (of 4 January 1918) from the British Government, carried personally by Commander David George Hogarth to Sherif Husain, stated that "the Entente Powers are determined that the Arab race shall be given full opportunity of once again forming a nation in the world ... So far as Palestine is concerned, we are determined that no people shall be subject to another". 3/

Six months after General Allenby's forces had occupied Jerusalem, another declaration, referring to "areas formerly under Ottoman dominion, occupied by the Allied Forces during the present war", announced "... the wish and desire of His Majesty's Government that the future government of these regions should be based upon the principle of the consent of the governed, and this policy has and will continue to have support of His Majesty's Government". 4/

A joint Anglo-French declaration (7 November 1918) was more exhaustive and specific, affecting both British and French spheres of interest (the term "Syria" still being considered to include Lebanon and Palestine):

"The object aimed at by France and Great Britain in prosecuting in the East the War let loose by the ambition of Germany is the complete and definite emancipation of the [Arab] peoples and the establishment of national governments and administrations deriving their authority from the initiative and free choice of the indigenous populations.

"In order to carry out these intentions, France and Great Britain are as one in encouraging and assisting the establishment of the indigenous governments and administrations in Syria and Mesopotamia now liberated by the Allies, and in the territories the liberation of which they are engaged in securing, and recognizing these as soon as they are actually established." 5/

While these British assurances of independence to the Arabs were in unequivocal terms, the British position, since the end of the war, had been that Palestine had been excluded, an assertion contested by Palestinian and Arab leaders.

During the Husain-McMahon correspondence, the British made a determined effort to exclude certain areas from the territories to achieve independence, on the grounds that "the interests of our ally, France, are involved". Sherif Husain reluctantly agreed to suspend, but not surrender, Arab claims for independence to that area, stating that "the eminent minister should be sure that, at the first opportunity after this war is finished, we shall ask you (from what we avert our eyes today) for what we now leave to France in Beirut and its coasts".

The area in question had been described by McMahon as "portions of Syria lying to the west of the districts of Damascus, Homs, Hama and Aleppo". This would appear to correspond to the coastal areas of present-day Syria and the northern part of Lebanon (map at annex II), where French interests converge. Prima facie it does not appear to cover Palestine, a known, identifiable land with an ancient history, sacred to the three great monotheistic religions, and which, under the Ottomans, approximated to the independent sanjak of Jerusalem and the sanjaks of Acre and Balqa (map at annex III).

In 1939, shortly after the Husain-McMahon papers were made public, a committee consisting of both British and Arab representatives was set up to consider this specific issue. Both sides reiterated their respective interpretations of the Husain-McMahon letters and were unable to reach an agreed view, but the British delegation conceded that the Arab "... contentions relating to the meaning of the phrase 'portions of Syria lying to the west of the districts of Damascus, Hama, Homs and Aleppo' have greater force than has appeared hitherto ... they agree that Palestine was included in the area claimed by the Sherif of Mecca in his letter of 14 July 1915, and that unless Palestine was excluded from that area later in the correspondence it must be regarded as having been included in the area which Great Britain was to recognize and support the independence of the Arabs. They maintain that on a proper construction of the correspondence Palestine was in fact excluded. But they agree that the language in which its exclusion was expressed was not so specific and unmistakable as it was thought to be at the time". 6/

Behind the diplomatic language there appears recognition that Palestine was not unequivocally excluded from the British pledges of independence. The report, referring to the Husain-McMahon papers as well as the British and Anglo-French declaration to the Arabs after the issue of the Balfour Declaration, concludes:

"In the opinion of the Committee it is, however, evident from these statements that His Majesty's Government were not free to dispose of Palestine without regard to the wishes and interests of the inhabitants of Palestine, and that these statements must all be taken into account in any attempt to estimate the responsibilities which - upon any interpretation of the correspondence - His Majesty's Government have incurred towards those inhabitants as a result of the correspondence". 7/

On 17 April 1974, The Times of London published excerpts from a secret memorandum prepared by the Political Intelligence Department of the British Foreign Office for the use of the British delegation to the Paris peace conference.

"With regard to Palestine, His Majesty's Government are committed by Sir Henry McMahon's letter to the Sherif on October 24, 1915, to its inclusion in the boundaries of Arab independence ... but they have stated their policy regarding the Palestine Holy Place and Zionist colonization in their message to him of January 4, 1918."

"The whole of Palestine ... lies within the limits which His Majesty's Government have pledged themselves to Sherif Husain that they will recognize and uphold the independence of the Arabs."

Professor Arnold J. Toynbee, who dealt with the Palestine question as a member of the British Foreign Office at the time of the Peace Conference, wrote in 1968:

"... as I interpret the Hussein-McMahon correspondence, Palestine had not been excepted by the British Government from the area in which they had pledged themselves to King Hussein to recognize and support Arab independence. The Palestinian Arabs could therefore reasonably assume that Britain was pledged to prepare Palestine for becoming an independent Arab state." 8/

These acknowledgements that the British Government had not possessed the right "to dispose of Palestine" appeared decades after the commitments to the Arabs not only had been infringed by the Sykes-Picot agreement but, in disregard of the inherent rights and the wishes of the Palestinian people, the British Government had given Zionist leaders separate assurances regarding the establishment of a "national home for the Jewish people in Palestine", an undertaking that sowed the seeds of prolonged conflict in Palestine.