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Palestine - Jews and Arabs, the Mandate and the law

By David Singer - posted Wednesday, 1 August 2012


Jews were admitted to be in Palestine by right. The little Jewish minority was to be helped to grow by immigration. To facilitate the establishment of the Jewish National Home was a binding international obligation on the Mandatory.

It also made clear:

The Mandate also imposed specific obligations towards the Arabs.Their civil and religious rights and their position as affected by immigration and land-settlement were not to be prejudiced.
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Notably absent in the Mandate was there any mention of the Arabs in Palestine having any political rights.

For the ICJ to summarily dismiss the Mandate and make the fundamental error it did in just one sentence - shows how successful the campaign begun by the Arabs 40 years earlier had become.

The ICJ decision has since been used as a whipping post at the United Nations to deny that Israel has any rights in international law to be and remain in the West Bank.

The Levy Committee has reversed that downward spiral and identified the Mandate for Palestine as the legal basis for any decisions taken by Israel aimed at resolving the allocation of sovereignty in the West Bank between Jews and Arabs.

Hopefully the nations of the world will now sit up and take notice.

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About the Author

David Singer is an Australian Lawyer, a Foundation Member of the International Analyst Network and Convenor of Jordan is Palestine International - an organisation calling for sovereignty of the West Bank and Gaza to be allocated between Israel and Jordan as the two successor States to the Mandate for Palestine. Previous articles written by him can be found at www.jordanispalestine.blogspot.com.

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All articles by David Singer

Creative Commons LicenseThis work is licensed under a Creative Commons License.

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