Jewish exclusive political rights to Palestine-Israel under International Law was recognized by the Principal WWI Allies at San Remo in 1920

Jewish exclusive political rights to Palestine-Israel under International Law was recognized by the Principal WWI Allies at San Remo in 1920, adopting the British Balfour Policy of 1917. It was confirmed by the League of Nations in 1922 and also in 1922 by the US Congress Joint Resolution and in 1924 by treaty by the US that had declined to become a member of the League. On the demise of the League of Nations, the political rights were preserved in the UN Charter in Article 80. The Partition approved by the UN General Assembly was only a recommendation that the Jews agree to give up a part of their rights to avoid a war with the Arabs. The Jews agreed but the Arabs declined and went to war anyway. In 1920 the recognition of Jewish political or national rights to Palestine was done in such a way as to avoid immediate sovereignty by the Jews because they were then a minority and to do otherwise was considered anti-democratic. They were placed in trust with England as the trustee giving England legal dominion over the political rights. In September 19th, 1917 in a memo of the British Foreign Service, Arnold Toynbee and Lewis Namier had written that by placing the rights in trust, they would not vest until the Jews had attained a majority of population and were just as qualified to exercise sovereignty as any modern European nation-state. By 1950, after the British had abandoned their trust, the Jews acquired a majority population within the green line (armistice line). The UN vote on partition showed that it agreed the Jews were capable of exercising sovereignty. One can use other standards to determine who shall rule in Palestine. But International Law can only be made by treaty and long custom. It cannot be made by bodies having “International” in their title such as the UN in its recommendations or the International Court of Justice in advisory opinions. UN recommendations such as the 1947 Partition are only of legal force and effect if adopted by both sides of the issue by a treaty or the like. Under International Law, the Jews have exclusive political rights to all of Palestine west of the Jordan River and the Arabs have no basis for claiming sovereignty under International law as the Arabs local to Palestine have never exercised such rights. There has never been an Arab capital in Palestine.

As to other bases — the Jews lived in Palestine for over 3,700 years and their presence there has been continuous although varying in number after the Romans drove many of them out, but not all. And under canon law, the Jews have sovereignty over Palestine. Even some Arabs have admitted that the Qur’an provides that. Under international law prior to the Westphalia new order, sovereignty was attained by declaring independence and holding the ground against all comers with your own blood and treasure. Under that standard also, the Jews are entitled to sovereignty. The rights of non-Jews in private property were preserved in the Balfour Declaration, the Mandate for Palestine, and Article 95 of the Treaty of Sevres in which the Ottomans ceded Palestine to the Mandatory Power. It insured their civil and their religious rights would be preserved. It did not preserve political rights because there were none to preserve. The local Arabs had never exercise sovereignty in Palestine.

Furthermore, the “Jewish National Home” mentioned in the Mandate reflected its status as the Jewish peoples beneficial interest in the political or national rights to Palestine, because it was not intended to become a nation-state until later.