British Secretary of State for the Colonies
Benjamin Ze’ev (Theodor) Herzl
(May 2, 1860 – July 3, 1904)
After witnessing the spread of antisemitism around the world, Herzl felt compelled to create a political movement with the goal of establishing a Jewish National Home in Palestine. To this end, he assembled the first Zionist Congress in Basel, Switzerland, in 1897. Herzl’s insights and vision can be learned from his writings:
The British Foreign Office, November 2nd, 1917
Dear Lord Rothschild, I have much pleasure in conveying to you, on behalf of His Majesty’s Government, the following declaration of sympathy with Jewish Zionist aspirations which has been submitted to, and approved by, the Cabinet.
Arthur James Balfour
[Secretary of State for Foreign Affairs]
- ICJ Advisory Opinion of July 11, 1950: in the “question concerning the International States of South West Africa.”33
- ICJ Advisory Opinion of June 21, 1971: “When the League of Nations was dissolved, the raison d’etre [French: “reason for being”] and original object of these obligations remained. Since their fulfillment did not depend on the existence of the League, they could not be brought to an end merely because the supervisory organ had ceased to exist. ... The International Court of Justice has consistently recognized that the Mandate survived the demise of the League [of Nations].”
- ICJ Advisory Opinion of July 9, 2004: regarding the “legal consequences of the construction of a wall in the occupied Palestinian territory.”35
“Article 2: Palestine, with the boundaries it had during the British Mandate, is an indivisible territorial unit.“Article 9: Armed struggle is the only way to liberate Palestine. Thus it is the overall strategy, not merely a tactical phase. The Palestinian Arab people assert their absolute determination and firm resolution to continue their armed struggle and to work for an armed popular revolution for the liberation of their country and their return to it. They also assert their right to normal life in Palestine and to exercise their right to self-determination and sovereignty over it.“Article 19: The partition of Palestine in 1947 and the establishment of the state of Israel are entirely illegal, regardless of the passage of time, because they were contrary to the will of the Palestinian people and to their natural right in their homeland, and inconsistent with the principles embodied in the Charter of the United Nations, particularly the right to self-determination.“Article 20: The Balfour Declaration, the Mandate for Palestine, and everything that has been based upon them, are deemed null and void. Claims of historical or religious ties of Jews with Palestine are incompatible with the facts of history and the true conception of what constitutes statehood. Judaism, being a religion, is not an independent nationality. Nor do Jews constitute a single nation with an identity of its own; they are citizens of the states to which they belong.” 53
Geneva, September 23, 1922
1. To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilization and that securities for the performance of this trust should be embodied in this Covenant.
Yehuda Z. Blum, Ambassador and Permanent Representative of Israel to the United Nations. At the Louis D. Brandeis Award Dinner of the Zionist Organization of America. (Washington D.C., 11 June 1979)67
Administration of Palestine
Jerusalem , 22 April, 1925
2 The British Foreign Office, November 2, 1917.
3 “The total land area of Palestine is estimated at 26,320 square kms. or 10,162 square miles. In addition there is an inland water area of 704 square kms. or 272 square miles, comprising Lake Huleh, Lake Tiberias and one half of the Dead Sea. The total area of the country is thus 27,024 square kms. or 10,434 square miles.” See “A Survey of Palestine” Volume I. Chapter III, p. 103. Prepared December 1945-January 1946 for the Anglo-American Committee of Inquiry.
4 The 51 member countries of the League of Nations as of July 24, 1922: Albania, Argentina, Australia, Austria, Belgium, Bolivia, Brazil, British India, Bulgaria, Canada, Chile, Colombia, Costa Rica, Cuba, Czechoslovakia, Denmark, El Salvador, Estonia, Finland, France, Greece, Guatemala, Haiti, Honduras, Italy, Japan, Kingdom of Serbs, Croats, and Slovenes, Latvia, Liberia, Lithuania, Luxembourg, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Persia, Peru, Poland, Portugal, Republic of China, Romania, Siam, Spain, Sweden, Switzerland, Union of South Africa, United Kingdom, Uruguay, and Venezuela. 5 Minutes of Meeting of Council, Geneva, September 29, 1923. (11923)
6 See the preamble to the “Mandate for Palestine.”
7 See introductory chapter to Bernard Lewis, The Crisis in Islam: Holy War and Unholy Terror ( New York: Modern Library, 2003.)
8 For a discussion of this characteristic, which has stymied attempts to create genuine nationhood and transformed anti-Zionism into unifying factor around which Arab nationalism could be crystallized, see Avi Shlaim’s review of Adeed Dawisha’s Arab Nationalism in the 20th Century: From Triumph to Despair, reviewed in The Guardian, March 29,2003. See:
9 This insight was raised in a July 11, 2003 op-ed piece in the Hebrew daily Yedioth Aharonoth.
10 See Article 2 of the “Mandate for Palestine.”
11 See “Introductory,” Page 1 of the Report by the Majesty’s Government in the United Kingdom of Great Britain and Northern Ireland to the Council of the League of Nations on the Administration of Palestine and Trans-Jordan for the year 1938.
12 For more on this subject, see Popular Searches: Territories and Palestinians, at: www.mefacts.com.
13 Until recently, no Arab nation or group recognized or claimed the existence of an independent Palestinian nationality or ethnicity. Arabs who happened to live in Palestine denied that they had a unique Palestinian identity. The First Congress of Muslim-Christian Associations (Jerusalem, February 1919) met to select Palestinian Arab representatives for the Paris Peace Conference. They adopted the following resolution: “We consider Palestine as part of Arab Syria, as it has never been separated from it at any time. We are connected with it by national, religious, linguistic, natural, economic and geographical bonds.” See Yehoshua Porath, The Palestinian Arab National Movement: From Riots to Rebellion (London: Frank Cass and Co., Ltd., 1977) vol. 2, pp. 81-82.
14 For a Christian perspective of the “Palestinian people” myth, see The Jewish Roots of Christianity –The Myth of Palestine at: www.rbooker.com/html/the_myth_of_ palestine.html. (11500)
15 See the 1st Congress of Muslim-Christian Associations to the Paris Peace Conference, Jerusalem, February 1919. For an in-depth article on Palestinians’ Syrian identity, see Daniel Pipes, “ Palestine for the Syrians?” Commentary (December 1986) at:www.danielpipes.org/pf.php?id=174. (11501)
16 Document’s text can be found in the Yale University online law library. British documents, such as the White Paper of 1939, speak of “Jews and Arabs” or “the Arabs of Palestine,” and even the United Nations 1947 Partition Plan speaks of “Arab and Jewish states.” There were no “Palestinians.” See:
17 Mentioned in the report by the High Commissioner on the Administration of Palestine 1920-1925 to the Right Honorable L. S. Amery, M.P. Secretary of State for the Colonies. Government Offices, Jerusalem, April 22, 1925.
18 “Dear pupil, do you know who the Palestinians are? The Palestinian people are descended from the Canaanites.” See the survey and quotes from Palestinian textbooks at:
19 For information on the coining of the name Palestine and Philistine origins, see Rockwell Lazareth, “Who are the Palestinians? What and Where is Palestine?” at:
20 See Daniel Pipes, Greater Syria: History of an Ambition (Oxford: Oxford University Press, 1990) at: www.danielpipes.org/books/greaterchap.shtml. (11498)
21 “Political History & System of Government - Jordan’s State Building and the Palestinian Problem,” Embassy of the Hashemite Kingdom of Jordan, at:
22 For this and a host of other quotes from Arab spokespersons on the Syrian identity of local Arabs, see:
23 See Jim Gerrish, “The Lie of the Land or How to Steal a Heritage,” Church & Israel Forum, at:
24 See: Article 25 in the “Mandate for Palestine.”
25 See: The Charter of the United Nations at:
http://middleeastfacts.org/content/UN-documents/ UN_Charter_One_Document.htm. (11032)
26 See Eugene V. Rostow, The Future of Palestine, Institute for National Strategic Studies, November 1993. Professor Rostow was Sterling Professor of Law and Public Affairs Emeritus at Yale University and served as the Dean of Yale Law School (1955-66); Distinguished Research Professor of Law and Diplomacy, National Defense University; Adjunct Fellow, American Enterprise Institute. In 1967, as U.S. Under-Secretary of State for Political Affairs, he became a key draftee of UN Resolution 242. See also his article: Are Israel’s Settlements Legal? The New Republic, October 21, 1991.
27 See: Judge, Sir Elihu Lauterpacht, Jerusalem and the Holy Places (London: The Anglo-Israel Association, 1968).
28 Ibid.29 Report of the High Commissioner on the Administration of Palestine 1920-1925, Jerusalem, April 22, 1925, p. 24-25.
30 Palestine Royal Commission Report, July 1937, Chapter II, p. 31.
31 Palestine Royal Commission Report, July 1937, Chapter II, p. 24.
32 Palestine Royal Commission Report, July 1937, Chapter II, p. 31.
33 ICJ – International status of South West Africa. Advisory Opinion of July 11, 1950. See at:
34 Legal consequences for states of the continued presence of South Africa in Namibia ( South West Africa) notwithstanding Security Council Resolution 276 (1970). International Court of Justice, Advisory Opinion of June 21, 1971 (paras. 42-86) states: “The last resolution of the League Assembly and Article 80, paragraph 1, of the United Nations Charter maintained the obligations of mandatories. The International Court of Justice has consistently recognized that the Mandate survived the demise of the League.”
35 Advisory Opinion of July 9, 2004, paragraph 49. See:
36 Eugene V. Rostow, www.mefacts.com/cache/html/bio/10956.htm. (10956)
37 Ibid. Eugene V. Rostow, The Future of Palestine. Adapted from the paper delivered at the American Leadership Conference on Israel and the Middle East on October 10, 1993 in Arlington, Virginia.
38 United Nations 1922 Census. See:
www.unu.edu/unupress/unupbooks/80859e/80859E05. htm. (11373)
39 Palestine Royal Report, July 1937, Chapter II, p. 28, paragraph 29.
40 See Paragraph 70 in the ICJ Advisory Opinion, July 9, 2004.
41 A Class “A” mandate assigned to Britain was Iraq, and assigned to France were Syria and Lebanon. Examples of other types of mandates were the Class “B” mandate assigned to Belgium administering Ruanda-Urundi, and the Class “C” mandate assigned to South Africa administering South West Africa.
42 Palestine Royal Report, July 1937, Chapter II, p. 38.
43 Ibid. p. 39.
44 Ibid. p. 40.
45 See Appendix C: Article 22 of the Covenant of the League of Nations.
46 Palestine Royal Report, July 1937, Chapter II, p. 38.
47 The Peace Treaty of Sèvres, August 10, 1920. www.mefacts.com/cache/html/mandate/11460.htm. (11460)
48 See the full text of the “Mandate” in Appendix A.
49 Palestine Royal Report, July 1937, Chapter II, p. 20.
50 Memorandum on the British Pledges to the Arabs Report, March 16, 1939.
51 Justice in International Law. Selected Writings of Judge Stephen M. Schwebel (Cambridge: Cambridge University Press, 1994). Professor, Judge Schwebel served on the International Court of Justice since January 15, 1981. He was Vice-President of the Court from 1994 to 1997 and President of the Court from 1997 to 2000. Professor Schwebel is former Deputy Legal Adviser of the United States Department of State and Burling Professor of International Law at the School of Advanced International Studies of The Johns Hopkins University (Washington). Opinions quoted are not derived from his position as a judge of the ICJ.
52 See: UN Security Council Resolution 54 (1948) www.mefacts.com/cache/html/un-resolutions/10894.htm. (10894)
53 The PLO Charter. See:
54 The FATEH Constitution. See:
55 The HAMAS Charter. See:
www.mefacts.com/cache/html/territories/11537.htm and www.yale.edu/lawweb/avalon/mideast/hamas.htm.
56 “Mandate for Palestine.” at:
57 Covenant of the League of Nations, Article 22. 28, June, 1919 (10914)
58 UN Resolution 181. www.mefacts.com/cache/html/un-resolutions/10063.htm. (10063)
59 See: Security Council Resolution S/RES/ 54 (1948) at:
60 Yearbook of the United Nations 1947-48. 1949. I . 13. December 31, 1948. See:
62 Judge, Sir Elihu Lauterpacht, Jerusalem and the Holy Places (London: The Anglo-Israel Association, 1968).
63 Professor Julius Stone (1907-1985). Israel and Palestine, Assault on the Law of Nations. (Baltimore: The Johns Hopkins University Press, 1981.)
64 UN GAContinuation of the discussion on the Palestinian question. Hundred and twenty-eighth plenary meeting. A/PV.128, November 29, 1947. (11363)
65 United Nations Palestine Commission. First Monthly Progress Report to the Security Council. See:
66 UN document A/AC.25/W.19, at:
67 Yehuda Z. Blum: M.Jur., Ph.D.
68 Hersch Lauterpacht Professor of International Law (emeritus), The Hebrew University of Jerusalem. Ambassador and Permanent Representative of Israel to the United Nations, 1978-84.