There is a widespread
misconception current also among Israel November 29, 1947 , popularly known as the “Partition Resolution.” This
misconception is so ingrained in official historical, political and popular
thinking, that it is extremely difficult to change, regardless of the
overwhelming evidence to the contrary.
One major reason for this is
that Israel’s own Proclamation of Independence perpetuates the wrongful notion
that it was “on the strength of the Resolution of the United Nations General
Assembly” that the members of what in the Proclamation itself was called “the
People’s Council” relied in declaring the establishment of the State of Israel
on May 14, 1948. Other reasons cited in the Proclamation were “our natural and
historic right”. It was further stated there that “the State of Israel will
cooperate with the UN in implementing the resolution of the General Assembly of
the
29th November, 1947 , and will
take steps to bring about the economic union of the whole of Eretz-Israel.
The misstatement in the
Proclamation of Independence that the State of Israel relied “on the strength”
of the Partition Resolution for its legal establishment is false and conceals
or actually suppresses the fact that Israel’s legal foundation under
international law derives not from the 1947 Partition Resolution, which was
merely a non-binding recommendation without any force of law, as the General
Assembly of the U.N. is not a legislative body, but rather from the San Remo
Resolution of April 25, 1920, issued by the Supreme Allied Council, who
possessed the full legal right of disposition over the lands of the former
Ottoman Empire. The San Remo Resolution did have the force of law upon its
being incorporated first in the Treaty of Sevres of August 10, 1920 - Treaty of
Lausanne and then in the first three recitals of the Preamble of the Mandate
for Palestine, that was confirmed by the 52 states, all members of the League
of Nations, in 1922 and separately by the United States in a 1924 treaty with
the United Kingdom:-The Anglo-American Convention.
Furthermore Article 80 of the
UN Charter, once known unofficially as the Jewish People’s clause, which
preserves intact all the rights granted to Jews under the Mandate for Palestine May 14-15, 1948 .
Under this provision of
international law (the Charter is an international treaty), Jewish rights to
Palestine and the Land of Israel were not to be altered in any way unless there
had been an intervening trusteeship agreement between the states or parties
concerned, which would have converted the Mandate into a trusteeship or trust
territory. The only period of time such an agreement could have been concluded
under Chapter 12 of the UN Charter was during the three-year period from
October 24, 1945, the date the Charter entered into force after appropriate
ratifications, until May 14-15, 1948, the date the Mandate expired and the
State of Israel was proclaimed. Since no agreement of this type was made during
this relevant three-year period, in which Jewish rights to all of Palestine may
conceivably have been altered had Palestine been converted into a trust
territory, those Jewish rights that had existed under the Mandate remained in
full force and effect, to which the UN is still committed by Article 80 to
uphold, and or is prohibited from altering.
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