Is Israel Truly Sovereign? - AFSI

Is Israel Truly Sovereign? The Knesset in Israel's capital, Jerusalem Israel is the only Jewish state in the world. It is home to perhaps the world's largest Jewish population; was reestablished in its ancient homeland after 2,000 years of exile; is democratic with a substantial minority, mostly Muslim; and has never known true peace in its short life as a modern state since 1948. Given this unprecedented history and unparalleled success as an ancient/modern nation, the question can still be asked, Is Israel sovereign? After all, Israel functions as a democracy with a parliamentary-style government, and has an independent judiciary as well as a powerful military force, leading one to convincingly assert that yes, Israel is a sovereign nation. Yet, given all these trappings of sovereignty, Israel does not always act as a truly sovereign nation, making decisions and acting in its own best interests. For example: - Why does Israel still give credence to the idea of a Palestinian state within Israel's boundaries? Why not denounce it once and for all as unworkable, and dangerous to the continued existence of the Jewish state? - Why has Israel delayed settling and developing Judea and Samaria in substantial ways, especially in the E-1 area connecting Jerusalem with Maale Adumim, and in the Jordan Valley as well as other strategic and historic locales? - Why doesn't Israel demolish thousands of illegal Arab structures throughout all of Israel, many built with funds from European nations and NGOs? - Why are there prohibitions against Jewish prayer and other severe restrictions in place against Jews on the Temple Mount? - Why doesn't Israel expel the tens of thousands of illegal squatters in south Tel Aviv? These individuals are not refugees, and Israel can ill afford to absorb them. Geographically Israel is a small country surrounded by a sea of Arabs in a dangerous neighborhood, with threats on its borders growing more ominous, especially in light of Iran's march toward creating a Shiitecrescent all the way from Iran through Lebanon to the Mediterranean Sea, as well as Iran's reestablished relationship with Hamas in Gaza. And yes, Israel relies on the United States for military assistance and backing in institutions such as the United Nations. These and other rationales are cited for Israel's seemingly lack of independent action at times. However, history has shown that when Israel acts strongly for itself and in its own best interests (damn world opinion), she comes out better for it.  Sovereignty means control, rule, power and authority. Today, Israel is sovereign in the Land of Israel, but only partially. Finally, the time is ripe for Israel to assert full sovereignty. This is the only way to safeguard its future.

The San Remo Conference of April 1920

The San Remo Conference of April 1920 was an international meeting held following the conclusion of World War I that determined the precise boundaries for territories captured by the Allies.

The conference, attended by Great Britain, France, Italy, and Japan- with the United States as a neutral observer, was held in San Remo, Italy, in April 1920. The conference was a continuation of a previous meeting between these Allied powers that had been held in London in February 1920, where it was decided, among other things, to put Palestine under British Mandatory rule. At San Remo, the Allies confirmed the pledge contained in the Balfour Declaration concerning the establishment of a Jewish national home in Palestine.
The British delegation to San Remo was headed by Prime Minister David Lloyd George and Lord Curzon, who had replaced Lord Balfour as foreign minister in 1919. Balfour, however, was also present at the conference as a consultant for final settlement issues. At both meetings the French expressed many reservations about the inclusion of the Balfour Declaration in the peace treaty, and it was only after the exertion of British pressure that they were gradually persuaded to agree to it.
The Conference was also attended by Chaim Weizmann, Nahum Sokolov, and Herbert Samuel, who presented a memorandum to the British delegation on the final settlement in the Eastern Mediterranean region. The article concerning Palestine was debated on April 24 and the next day it was finally resolved to incorporate the Balfour Declaration in Britain's mandate in Palestine. Thus Britain was made responsible "for putting into effect the declaration made on the 8^th [sic.] November 1917 by the British Government and adopted by the other Allied Powers, in favor of the establishment in Palestine of a national home for the Jewish people; it being clearly understood that nothing should be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country."
The resolution at San Remo was celebrated by mass rallies throughout the Jewish world.

Balfour Declaration, the British government’s letter of support for the establishment of a Jewish homeland in Palestine. (Which emulated Napoleons 1799 letter to the Jewish community in Palestine promising that The National Home for The Jewish people will be reestablished in Palestine, as the Jews are the rightful owners). Furthermore was declared as having the force of International Law in the 1920 San Remo Conference by the Supreme Allied Powers.

LEAGUE OF NATIONS. MANDATE FOR PALESTINE, TOGETHER WITH A NOTE BY THE SECRETARY - GENERAL RELATING TO ITS APPLICATION

Full text of "Mandate for Palestine"

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LEAGUE OF NATIONS.

MANDATE FOR PALESTINE,

TOGETHER WITH A

NOTE BY THE SECRETARY - GENERAL

RELATING TO ITS APPLICATION

TO THE

TERRITORY KNOWN AS TRANS-JORDAN.

under the provisions of Article 25.

Presented to Parliament by Command of His Majesty,

December, 1922.

I.ONDON;

Published by his Majesty Secretary’s office

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MANDATE FOR PALESTINE, together with a

Note by the Secretary-General relating to its application to the

Territory known as Trans-Jordan,

under the provisions of Article 25.

MANDATE FOR PALESTINE,

The Council of the League of Nations:

Whereas the Principal Allied Powers have agreed, for the purpose

of giving effect to the provisions of Article 22 of the Covenant of the

League of Nations, to entrust to a Mandatory selected by the said

Powers the administration of the territory of Palestine, which formerly

belonged to the Turkish Empire, within such boundaries as may be

fixed by them; and

Whereas the Principal Allied Powers have also agreed that the

Mandatory should be responsible for putting into effect the declaration

originally made on November 2nd, 1917, by the Government of His

Britannic Majesty, and adopted by the said Powers, in favor of the

establishment in Palestine of a national home for the Jewish people,

it being clearly understood that nothing should be done which might

prejudice the civil and religious rights of existing non- Jewish communities

in Palestine, or the rights and political status enjoyed by

Jews in any other country; and

Whereas recognition has thereby been given to the historical connection

of the Jewish people with Palestine and to the grounds for

reconstituting their national home in that country; and

Whereas the Principal Allied Powers have selected His Britannic

Majesty as the Mandatory for Palestine; and

Whereas the mandate in respect of Palestine has been formulated

in the following terms and submitted to the Council of the League for

approval; and

Whereas His Britannic Majesty has accepted the mandate in

respect of Palestine and undertaken to exercise it on behalf of the

League of Nations in conformity with the following provisions; and

Whereas by the afore-mentioned Article 22 (paragraph 8), it is

provided that the degree of authority, control or administration to be

exercised by the Mandatory, not having been previously agreed upon

by the Members of the League, shall be explicitly defined by the Council

of the League of Nations;

Confirming the said mandate, defines its terms as follows:

Article 1.

The Mandatory shall have full powers of legislation and of administration,

save as they may be limited by the terms of this mandate.

Article 2.

The Mandatory shall be responsible for placing the country under

such political, administrative and economic conditions as will secure

the establishment of the Jewish national home, as laid down in the

preamble, and the development of self-governing institutions, and also

for safeguarding the civil and religious rights of all the inhabitants of

Palestine, irrespective of race and religion.

Article 3.

The Mandatory shall, so far as circumstances permit, encourage

local autonomy.

Article 4.

An appropriate Jewish agency shall be recognized as a public body

for the purpose of advising and co-operating with the Administration

of Palestine in such economic, social and other matters as may affect

the establishment of the Jewish national home and the interests of the

Jewish population in Palestine, and, subject always to the control of

the Administration, to assist and take part in the development of the

country.

The Zionist organization, so long as its organization and constitution

are in the opinion of the Mandatory appropriate, shall be recognized

as such agency. It shall take steps in consultation with His Britannic

Majesty's Government to secure the co-operation of all Jews who are

willing to assist in the establishment of the Jewish national home.

Article 5.

The Mandatory shall be responsible for seeing that no Palestine

territory shall be ceded or leased to, or in any way placed under the

control of, the Government of any foreign Power.

Article 6.

The Administration of Palestine, while ensuring that the rights and

position of other sections of the population are not prejudiced, shall

facilitate Jewish immigration under suitable conditions and shall

encourage, in co-operation with the Jewish agency referred to in

Article 4, close settlement by Jews on the land, including State lands

and waste lands not required for public purposes.

Article 7.

The Administration of Palestine shall be responsible for enacting

a nationality law. There shall be included in this law provisions

framed so as to facilitate the acquisition of Palestinian citizenship by

Jews who take up their permanent residence in Palestine.

Article 8.

The privilege- and immunities of foreigners, including the benefits

of consular jurisdiction and protection as formerly enjoyed by Capitulation

or usage in the Ottoman Empire, shall not be applicable in Palestine.

(B 3/367)r 

Unless the Powers whose nationals enjoyed the afore -mentioned

privileges and immunities on August 1st, 1914, shall have previously

renounced the right to their re-estabhshment, or shall have agreed to

their non-application for a specified period, these privileges and

immunities shall, at the expiration of the mandate, be immediately

re-established in their entirety or with such modifications as may have

been agreed upon between the Powers concerned.

Article 9.

The Mandatory shall be responsible for seeing that the judicial

system established in Palestine shall assure to foreigners, as well as to

natives, a complete guarantee of their rights.

Respect for the personal status of the various peoples and communities

and for their religious interests shall be fully guaranteed. In

particular, the control and administration of Wakf’s shall be exercised

in accordance with religious law and the dispositions of the founders.

Article 10.

Pending the making of special extradition agreements relating to

Palestine, the extradition treaties in force between the Mandatory and

other foreign Powers shall apply to Palestine.

Article 11.

The Administration of Palestine shall take all necessary measures

to safeguard the interests of the community in connection with the

development of the country, and, subject to any international obligations

accepted by the Mandatory, shall have full power to provide for

public ownership or control of any of the natural resources of the

country or of the public works, services and utilities established or to

be established therein. It shall introduce a land system appropriate

to the needs of the country, having regard, among other things, to the

desirability of promoting the close settlement and intensive cultivation

of the land.

The Administration may arrange with the Jewish agency mentioned

in Article 4 to construct or operate, upon fair and equitable terms,

any pubic works, services and utilities, and to develop any of the

natural resources of the country, in so far as these matters are not

directly undertaken by the Administration. Any such arrangements

shall provide that no profits distributed by such agency, directly or

indirectly, shall exceed a reasonable rate of interest on the capital,

and any further profits shall be utilized by it for the benefit of the

country in a manner approved by the Administration.

Article 12.

The Mandatory shall be entrusted with the control of the foreign

relations of Palestine and the right to issue exequaturs to consuls

appointed by foreign Powers. He shall also be entitled to afford

diplomatic and consular protection to citizens of Palestine when

outside its territorial limits.

Article 13.

All responsibility in connection with the Holy Places and religious

buildings or sites in Palestine, including that of preserving existing

rights and of securing free access to the Holy Places, religious buildings

and sites and the free exercise of worship, while ensuring the requirements

of public order and decorum, is assumed by the Mandatory,

who shall be responsible solely to the League of Nations in all matters

connected herewith, provided that nothing in this article shall prevent

the Mandatory from entering into such arrangements as he may deem

reasonable with the Administration for the purpose of carrying the

provisions of this article into effect; and provided also that nothing

in this mandate shall be construed as conferring upon the Mandatory

authority to interfere with the fabric or the management of purely

Muslim sacred shrines, the immunities of which are guaranteed.

Article 14.

A special Commission shall be appointed by the Mandatory to

study, define and determine the rights and claims in connection with

the Holy Places and the rights and claims relating to the different

religious communities in Palestine. The method of nomination, the

composition and the functions of this Commission shall be submitted

to the Council of the League for its approval, and the Commission

shall not be appointed or enter upon its functions without the approval

of the Council.

Article 15.

The Mandatory shall see that complete freedom of conscience and

the free exercise of all forms of worship, subject only to the maintenance

of public order and morals, are ensured to all. No discrimination

of any kind shall be made between the inhabitants of Palestine

on the ground of race, religion or language. No person shall be

excluded from Palestine on the sole ground of his religious belief.

The right of each community to maintain its own schools for

the education of its own members in its own language, while con-

forming to such educational requirements of a general nature as the

Administration may impose, shall not be denied or impaired.

Article 16.

The Mandatory shall be responsible for exercising such supervision

over religious or eleemosynary bodies of all faiths in Palestine as may

be required for the maintenance of public order and good government.

Subject to such supervision, no measures shall be taken in Palestine

to obstruct or interfere with the enterprise of such bodies or to

discriminate against any representative or member of them on the

ground of his religion or nationality.

Article. 17.

The Administration of Palestine may organize on a voluntary basis

the forces necessary for the preservation of peace and order, and

6

also for the defense of the country, subject, however, to the super-

vision of the Mandatory, but shall not use them for purposes other

than those above specified save with the consent of the Mandatory.

Except for such purposes, no military, naval or air forces shall be

raised or maintained by the Administration of Palestine.

Nothing in this article shall preclude the Administration of Palestine

from contributing to the cost of the maintenance of the forces of the

Mandatory in Palestine.

The Mandatory shall be entitled at all times to use the roads,

railways and ports of Palestine for the movement of armed forces

and the carriage of fuel and supplies.

Article 18.

The Mandatory shall see that there is no discrimination in Palestine

against the nationals of any State Member of the League of Nations

(including companies incorporated under its laws) as compared with

those of the Mandatory or of any foreign State in matters concerning

taxation, commerce or navigation, the exercise of industries or

professions, or in the treatment of merchant vessels or civil aircraft.

Similarly, there shall be no discrimination in Palestine against goods

originating in or destined for any of the said States, and there shall

be freedom of transit under equitable conditions across the mandated

area.

Subject as aforesaid and to the other provisions of this mandate,

the Administration of Palestine may, on the advice of the Mandatory,

impose such taxes and customs duties as it may consider necessary,

and take such steps as it may think best to promote the development

of the natural resources of the country and to safeguard the interests

of the population. It may also, on the advice of the Mandatory,

conclude a special customs agreement with any State the territory

of which in 1914 was wholly included in Asiatic Turkey or Arabia.

Article 19.

The Mandatory shall adhere on behalf of the Administration of

Palestine to any general international conventions already existing,

or which may be concluded hereafter with the approval of the League

of Nations, respecting the slave traffic, the traffic in arms and ammunition,

or the traffic in drugs, or relating to commercial equity, freedom

of transit and navigation, aerial navigation and postal, telegraphic

and wireless communication or literary, artistic or industrial property.

Article 20.

The Mandatory shall co-operate on behalf of the Administration

of Palestine, so far as religious, social and other conditions may permit,

in the execution of any common policy adopted by the League of

Nations for preventing and combating disease,, including diseases of

plants and animals.

Article 21.

The Mandatory shall secure the enactment within twelve months

from this date, and shall ensure the execution of a Law of Antiquities

based on the following rules. This law shall ensure equality of treatment

in the matter of excavations and archaeological research to the

nations of all States Members of the League of Nations.

(1)

"Antiquity " means any construction or any product of human

activity earlier than the year AD. 1700.

(2)

The law for the protection of antiquities shall proceed by encouragement

rather than by threat.

Any person who, having discovered an antiquity without being

furnished with the authorization referred to in paragraph 5, reports the

same to an official of the competent Department, shall be rewarded

according to the value of the discovery.

(3)

No antiquity may be disposed of except to the competent Department,

unless this Department renounces the acquisition of any such

antiquity.

No antiquity may leave the country without an export license from

the said Department.

(4)

Any person who maliciously or negligently destroys or damages an

antiquity shall be liable to a penalty to be fixed.

. (5)

No clearing of ground or digging with the object of finding antiquities

shall be permitted, under penalty of line, except to persons authorized

by the competent Department.

(6)

Equitable terms shall be fixed for expropriation, temporary or

permanent, of lands which might be of historical or archeological

interest.

(7)

Authorization to excavate shall only be granted to persons who

show sufficient guarantees of archaeological expertise. The Administration

of Palestine shall not, in granting these authorizations, act in

such a way as to exclude scholars of any nation without good grounds.

(8)

The proceeds of excavations may be divided between the excavator

and the competent Department in a proportion fixed by that Department.

If division seems inaccessible for scientific reasons, the excavator

shall receive a fair indemnity in lieu of a part of the find.

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Article 22.

English, Arabic and Hebrew shall be the official languages o£

Palestine. Any statement or inscription in Arabic on stamps or

money in Palestine shall be repeated in Hebrew, and any statement

or inscription in Hebrew shall be repeated in Arabic.

Article 23.

The Administration of Palestine shall recognize the holy days of the

respective communities in Palestine as legal days of rest for the members

of such communities.

Article 24.

The Mandatory shall make to the Council of the League of Nations

an annual report to the satisfaction of the Council as to the measures

taken during the year to carry out the provisions of the mandate.

Copies of all laws and regulations promulgated or issued during the

year shall be communicated with the report.

Article 25.

In the territories lying between the Jordan and the eastern boundary

of Palestine as ultimately determined, the Mandatory shall be entitled,

with the consent of the Council of the League of Nations, to postpone

or withhold application of such provisions of this mandate as he may

consider inapplicable to the existing local conditions, and to make such

provision for the administration of the territories as he may consider

suitable to those conditions, provided that no action shall be taken

which is inconsistent with the provisions of Articles 15, 16 and 18.

Article 26.

The Mandatory agrees that, if any dispute whatever should arise

between the Mandatory and another Member of the League of Nations

relating to the interpretation or the application of the provisions of

the mandate, such dispute, if it cannot be settled by negotiation, shall

be submitted to the Permanent Court of International Justice provided

for by Article 14 of the Covenant of the League of Nations.

Article 27.

The consent of the Council of the League of Nations is required for

any modification of the terms of this mandate.

Article 28.

In the event of the termination of the mandate hereby conferred

upon the Mandatory, the Council of the League of Nations shall make

such arrangements as may be deemed necessary for safeguarding in

perpetuity, under guarantee of the League, the rights secured by

Articles 13 and 14, and shall use its influence for securing, under the

guarantee of the League, that the Government of Palestine will fully

honor the financial obligations legitimately incurred by the Administration

of Palestine during the period of the mandate, including the

rights of public servants to pensions or gratuities.

The present instrument shall be deposited in original in the archives

of the League of Nations and certified copies shall be forwarded by the

Secretary-General of the League of Nations to all Members of the

League.

Done at London the twenty -fourth day of July, one thousand nine

hundred and twenty-two.

Certified true copy:

For the Secretary-General,

RAPPARD,

Director of the Mandates Section.

10

NOTE.

Geneva,

September 23nd, 1922.

AKTICLE 25 OF THE PALESTINE MANDATE.

Territory known as Trans-Jordan.

Note by the Secretary-General.

The Secretary-General has the honor to communicate for the

information of the Members of the League, a memorandum relating to

Article 25 of the Palestine Mandate presented by the British Government

to the Council of the League on September 16th, 1922.

The memorandum was approved by the Council subject to the

decision taken at its meeting in London on July 24th, 1922, with

regard to the coming into force of the Palestine and Syrian mandates.

Memorandum by the British Representative.

1. Article 25 of the Mandate for Palestine provides as follows :—

"In the territories lying between the Jordan and the eastern

boundary of Palestine as ultimately determined, the Mandatory

shall be entitled, with the consent of the Council of the League

of Nations, to postpone or withhold application of such provisions

of this Mandate as he may consider inapplicable to the existing

local conditions, and to make such provision for the administration

of the territories as he may consider suitable to those conditions,

provided no action shall be taken which is inconsistent with

the provisions of Articles 15, 16 and 18."

2. In pursuance of the provisions of this Article, His Majesty’s

Government invite the Council to pass the following resolution: —

"The following provisions of the Mandate for Palestine are

not applicable to the territory known as Trans-Jordan, which

comprises all territory lying to the east of a line drawn from a

point two miles west of the town of Akaba on the Gulf of that

name up the centre of the Wady Araba, Dead Sea and River

Jordan to its junction with the River Yarmuk; thence up the

centre of that river to the Syrian Frontier."

Preamble. — Recitals 2 and 3.

f

11

Article 2. — The words '' placing the country under such judicial

administration and economic- conditions as will secure the

establishment of the Jewish national home, as laid down

in the preamble, and".

Article 4.

Article 6.

Article 7. — The sentence "There shall be included in this law

provisions framed so as to facilitate the acquisition of

Palestinian citizenship by Jews who take up their permanent

residence in Palestine."

Article 11. — The second sentence of the first paragraph and the

second paragraph.

Article 13.

Article 14.

Article 22.

Article 23.

In the application of the Mandate to Trans- Jordan, the action

which, in Palestine, is taken by the Administration of the latter

country, will be taken by the Administration of Trans-Jordan under

the general supervision of the Mandatory.

3. His Majesty's Government accepts full responsibility as Mandatory

for Trans-Jordan, and undertake that such provision as may

be made for the administration of that territory in accordance with

Article 25 of the Mandate shall be in no way inconsistent with those

provisions of the Mandate which are not by this resolution declared

inapplicable.

NOTE. 

Geneva, 

September 23rd, 1922. 

ARTICLE 25 OF THE PALESTINE MANDATE. 

Territory known as Trans-Jordan. 

Note by the Secretary-General. 

The Secretary-General has the honor to communicate for the information of the Members of the League, a memorandum relating to Article 25 of the Palestine Mandate presented by the British Government to the Council of the League on September 16th, 1922. 

The memorandum was approved by the Council subject to the decision taken at its meeting in London on July 24th, 1922, with regard to the coming into force of the Palestine and Syrian mandates. 

Memorandum by the British Representative

1. Article 25 of the Mandate for Palestine provides as follows :—

   "In the territories lying between the Jordan and the eastern boundary of Palestine as ultimately determined, the Mandatory shall be entitled, with the consent of the Council of the League of Nations, to postpone or withhold application of such provisions of this Mandate as he may consider inapplicable to the existing local conditions, and to make such provision for the administration of the territories as he may consider suitable to those conditions, provided no action shall be taken which is inconsistent with the provisions of Articles 15, 16 and 18."

 2. In pursuance of the provisions of this Article, His Majesty’s Government invite the Council to pass the following resolution : — "

         The following provisions of the Mandate for Palestine are not applicable to the territory known as Trans-Jordan, which comprises all territory lying to the east of a line drawn from a point two miles west of the town of Akaba on the Gulf of that name up the centre of the Wady Araba, Dead Sea and River Jordan to its junction with the River Yarmuk ; thence up the centre of that river to the Syrian Frontier." 

Preamble.—Recitals 2 and 3. 

Article 2.—The words ''placing the country under such judicial administration and economic- conditions as will secure the establishment of the Jewish national home, as laid down in the preamble, and ". 

Article 4. 

Article 6. 

Article 7.—The sentence "There shall be included in this law provisions framed so as to facilitate the acquisition of Palestinian citizenship by Jews who take up their permanent residence in Palestine." 

Article 11. —The second sentence of the first paragraph and the second paragraph. 

Article 13. 

Article 14. 

Article 22. 

Article 23. 

    In the application of the Mandate to Trans-Jordan, the action which, in Palestine, is taken by the Administration of the latter country, will be taken by the Administration of Trans-Jordan under the general supervision of the Mandatory. 

3. His Majesty's Government accept full responsibility as Mandatory for Trans-Jordan, and undertake that such provision as may be made for the administration of that territory in accordance with Article 25 of the Mandate shall be in no way inconsistent with those provisions of the Mandate which are not by this resolution declared inapplicable.