Mandate Palestine

The Mandate for Palestine was a League of Nations mandate for British administration of the territories of Palestine and Transjordanwhich had been part of the Ottoman Empire for four centuriesfollowing the defeat of the Ottoman Empire in World War I. The mandate was assigned to Britain by the San Remo conference in April 1920, after France's concession in the 1918 Clemenceau–Lloyd George Agreement of the previously agreed "international administration" of Palestine under the Sykes–Picot Agreement. Transjordan was added to the mandate after the Arab Kingdom in Damascus was toppled by the French in the Franco-Syrian War. Civil administration began in Palestine and Transjordan in July 1920 and April 1921, respectively, and the mandate was in force from 29 September 1923 to 15 May 1948 and to 25 May 1946 respectively.

The mandate document was based on Article 22 of the Covenant of the League of Nations of 28 June 1919 and the Supreme Council of the Principal Allied Powers' San Remo Resolution of 25 April 1920. The objective of the mandates over former territories of Ottoman Empire was to provide "administrative advice and assistance by a Mandatory until such time as they are able to stand alone". The border between Palestine and Transjordan was agreed in the final mandate document, and the approximate northern border with the French Mandate for Syria and the Lebanon was agreed in the Paulet–Newcombe Agreement of 23 December 1920.

In Palestine, the Mandate required Britain to put into effect the Balfour Declaration's "national home for the Jewish people" alongside the Palestinian Arabs, who composed the vast majority of the local population; this requirement and others, however, would not apply to the separate Arab emirate to be established in Transjordan. The British controlled Palestine for almost three decades, overseeing a succession of protests, riots and revolts between the Jewish and Palestinian Arab communities. During the Mandate, the area saw the rise of two nationalist movements: the Jews and the Palestinian Arabs. Intercommunal conflict in Mandatory Palestine ultimately produced the 1936–1939 Arab revolt and the 1944–1948 Jewish insurgency. The United Nations Partition Plan for Palestine was passed on 29 November 1947; this envisaged the creation of separate Jewish and Arab states operating under economic union, and with Jerusalem transferred to UN trusteeship. Two weeks later, British Colonial Secretary Arthur Creech Jones announced that the British Mandate would end on 15 May 1948. On the last day of the Mandate, the Jewish community there issued the Israeli Declaration of Independence. After the failure of the United Nations Partition Plan for Palestine, the 1947–1949 Palestine war ended with Mandatory Palestine divided among Israel, the Jordanian annexation of the West Bank and the Egyptian All-Palestine Protectorate in the Gaza Strip.

Transjordan was added to the mandate following the Cairo Conference of March 1921, at which it was agreed that Abdullah bin Hussein would administer the territory under the auspices of the Palestine Mandate. Since the end of the war it had been administered from Damascus by a joint Arab-British military administration headed by Abdullah's younger brother Faisal, and then became a no man's land after the French defeated Faisal's army in July 1920 and the British initially chose to avoid a definite connection with Palestine. The addition of Transjordan was given legal form on 21 March 1921, when the British incorporated Article 25 into the Palestine Mandate. Article 25 was implemented via the 16 September 1922 Transjordan memorandum, which established a separate "Administration of Trans-Jordan" for the application of the Mandate under the general supervision of Great Britain. In April 1923, five months before the mandate came into force, Britain announced its intention to recognise an "independent Government" in Transjordan; this autonomy increased further under a 20 February 1928 treaty, and the state became fully independent with the Treaty of London of 22 March 1946.

Background

Commitment regarding the Jewish people: the Balfour Declaration

Immediately following their declaration of war on the Ottoman Empire in November 1914, the British War Cabinet began to consider the future of Palestine (at the time, an Ottoman region with a small minority Jewish population). By late 1917, in the lead-up to the Balfour Declaration, the wider war had reached a stalemate. Two of Britain's allies were not fully engaged, the United States had yet to suffer a casualty, and the Russians were in the midst of the October Revolution. A stalemate in southern Palestine was broken by the Battle of Beersheba on 31 October 1917. The release of the Balfour Declaration was authorised by 31 October; the preceding Cabinet discussion had mentioned perceived propaganda benefits amongst the worldwide Jewish community for the Allied war effort.

The British government issued the Declaration, a public statement announcing support for the establishment of a "national home for the Jewish people" in Palestine, on 2 November 1917. The opening words of the declaration represented the first public expression of support for Zionism by a major political power. The term "national home" had no precedent in international law, and was intentionally vague about whether a Jewish state was contemplated. The intended boundaries of Palestine were not specified, and the British government later confirmed that the words "in Palestine" meant that the Jewish national home was not intended to cover all of Palestine. The second half of the declaration was added to satisfy opponents of the policy, who said that it would otherwise prejudice the position of the local population of Palestine and encourage antisemitism worldwide by (according to the presidents of the Conjoint Committee, David L. Alexander and Claude Montefiore in a letter to the ''Times'') "stamping the Jews as strangers in their native lands". The declaration called for safeguarding the civil and religious rights for the Palestinian Arabs, who composed the vast majority of the local population, and the rights of Jewish communities in any other country.

The Balfour Declaration was subsequently incorporated into the Mandate for Palestine to put the declaration into effect. Unlike the declaration itself, the Mandate was legally binding on the British government.

Commitment regarding the Arab population: the McMahon–Hussein correspondence

Between July 1915 and March 1916, a series of ten letters were exchanged between Sharif Hussein bin Ali, the head of the Hashemite family that had ruled the Hejaz as vassals for almost a millennium, and Lieutenant Colonel Sir Henry McMahon, British High Commissioner to Egypt. In the letters – particularly that of 24 October 1915 – the British government agreed to recognise Arab independence after the war in exchange for the Sharif of Mecca launching the Arab Revolt against the Ottoman Empire. Whilst there was some military value in the Arab manpower and local knowledge alongside the British Army, the primary reason for the arrangement was to counteract the Ottoman declaration of ''jihad'' ("holy war") against the Allies, and to maintain the support of the 70 million Muslims in British India (particularly those in the Indian Army that had been deployed in all major theatres of the wider war).

The area of Arab independence was defined as "in the limits and boundaries proposed by the Sherif of Mecca", with the exclusion of a coastal area lying to the west of "the districts of Damascus, Homs, Hama and Aleppo"; conflicting interpretations of this description caused great controversy in subsequent years. A particular dispute, which continues to the present, was whether Palestine was part of the coastal exclusion. At the Paris Peace Conference in 1919, British Prime Minister David Lloyd George told his French counterpart Georges Clemenceau and the other allies that the McMahon-Hussein correspondence was a treaty obligation.

Commitment to the French: the Sykes–Picot agreement

Around the same time, another secret treaty was negotiated between the United Kingdom and France (with assent by the Russian Empire and Italy) to define their mutually-agreed spheres of influence and control in an eventual partition of the Ottoman Empire. The primary negotiations leading to the agreement occurred between 23 November 1915 and 3 January 1916; on 3 January the British and French diplomats Mark Sykes and François Georges-Picot initialled an agreed memorandum. The agreement was ratified by their respective governments on 9 and 16 May 1916. The agreement allocated to Britain control of present-day southern Israel and Palestine, Jordan and southern Iraq, and an additional small area including the ports of Haifa and Acre to allow access to the Mediterranean. The Palestine region, with smaller boundaries than the later Mandatory Palestine, was to fall under an "international administration". The agreement was initially used as the basis for the 1918 Anglo–French Modus Vivendi, which provided a framework for the Occupied Enemy Territory Administration (OETA) in the Levant.

Commitment to the League of Nations: the mandate system

The mandate system was created in the wake of World War I as a compromise between Woodrow Wilson's ideal of self-determination, set out in his Fourteen Points speech of January 1918, and the European powers' desire for gains for their empires. It was established under Article 22 of the Covenant of the League of Nations, entered into on 28 June 1919 as Part I of the Treaty of Versailles, and came into force on 10 January 1920 with the rest of the treaty. Article 22 was written two months before the signing of the peace treaty, before it was agreed exactly which communities, peoples, or territories would be covered by the three types of mandate set out in sub-paragraphs 4, 5, and 6 – Class A "formerly belonging to the Turkish Empire", Class B "of Central Africa" and Class C "South-West Africa and certain of the South Pacific Islands". The treaty was signed and the peace conference adjourned before a formal decision was made.

Two governing principles formed the core of the mandate system: non-annexation of the territory and its administration as a "sacred trust of civilisation" to develop the territory for the benefit of its native people. The mandate system differed fundamentally from the protectorate system which preceded it, in that the mandatory power's obligations to the inhabitants of the territory were supervised by a third party: the League of Nations. The mandates were to act as legal instruments containing the internationally agreed-upon terms for administering certain post-World War I territories on behalf of the League of Nations. These were of the nature of a treaty and a constitution, which contained minority-rights clauses that provided for the rights of petition and adjudication by the World Court.

The process of establishing the mandates consisted of two phases: the formal removal of sovereignty of the state previously controlling the territory, followed by the transfer of mandatory powers to individual states among the Allied powers. According to the Council of the League of Nations meeting of August 1920, "draft mandates adopted by the Allied and Associated Powers would not be definitive until they had been considered and approved by the League ... the legal title held by the mandatory Power must be a double one: one conferred by the Principal Powers and the other conferred by the League of Nations." Three steps were required to establish a mandate: "(1) The Principal Allied and Associated Powers confer a mandate on one of their number or on a third power; (2) the principal powers officially notify the council of the League of Nations that a certain power has been appointed mandatory for such a certain defined territory; and (3) the council of the League of Nations takes official cognisance of the appointment of the mandatory power and informs the latter that it he councilconsiders it as invested with the mandate, and at the same time notifies it of the terms of the mandate, after ascertaining whether they are in conformance with the provisions of the covenant."

Assignment to Britain

Palestine

Discussions about the assignment of the region's control began immediately after the war ended and continued at the Paris Peace Conference and the February 1920 Conference of London, and the assignment was made at the April 1920 San Remo conference. The Allied Supreme Council granted the mandates for Palestine and Mesopotamia to Britain, and those for Syria and Lebanon to France.

In anticipation of the Peace Conference, the British devised a " Sharifian Solution" to " akestraight all the tangle" of their various wartime commitments. This proposed that three sons of Sharif Hussein – who had since become King of the Hejaz, and his sons emirs (princes) – would be installed as kings of newly created countries across the region agreed between McMahon and Hussein in 1915. The Hashemite delegation to the Paris Peace Conference, led by Hussein's third son Emir Faisal, had been invited by the British to represent the Arabs at the conference; they had wanted Palestine to be part of the proposed Arab state, and later modified this request to an Arab state under a British mandate. The delegation made two initial statements to the peace conference. The 1 January 1919 memorandum referred to the goal of "unit ngthe Arabs eventually into one nation", defining the Arab regions as "from a line Alexandretta – Persia southward to the Indian Ocean". The 29 January memorandum stipulated that "from the line Alexandretta – Diarbekr southward to the Indian Ocean" (with the boundaries of any new states) were "matters for arrangement between us, after the wishes of their respective inhabitants have been ascertained", in a reference to Woodrow Wilson's policy of self-determination. In his 6 February 1919 presentation to the Paris Peace Conference, Faisal (speaking on behalf of King Hussein) asked for Arab independence or at least the right to choose the mandatory. The Hashemites had fought with the British during the war, and received an annual subsidy from Britain; according to the confidential appendix to the August 1919 King-Crane Commission report, "the French resent the payment by the English to the Emir Faisal of a large monthly subsidy, which they claim covers a multitude of bribes, and enables the British to stand off and show clean hands while Arab agents do dirty work in their interest."

The World Zionist Organization delegation to the Peace Conference – led by Chaim Weizmann, who had been the driving force behind the Balfour Declaration – also asked for a British mandate, asserting the "historic title of the Jewish people to Palestine". The confidential appendix to the King-Crane Commission report noted that "The Jews are distinctly for Britain as mandatory power, because of the Balfour declaration." The Zionists met with Faisal two weeks before the start of the conference in order to resolve their differences; the resulting Faisal–Weizmann Agreement was signed on 3 January 1919. Together with letter written by T. E. Lawrence in Faisal's name to Felix Frankfurter in March 1919, the agreement was used by the Zionist delegation to argue that their plans for Palestine had prior Arab approval; however, the Zionists omitted Faisal's handwritten caveat that the agreement was conditional on Palestine being within the area of Arab independence.

The French privately ceded Palestine and Mosul to the British in a December 1918 amendment to the Sykes–Picot Agreement; the amendment was finalised at a meeting in Deauville in September 1919. Matters were confirmed at the San Remo conference, which formally assigned the mandate for Palestine to the United Kingdom under Article 22 of the Covenant of the League of Nations. Although France required the continuation of its religious protectorate in Palestine, Italy and Great Britain opposed it. France lost the religious protectorate but, thanks to the Holy See, continued to enjoy liturgical honors in Mandatory Palestine until 1924 (when the honours were abolished). As Weizmann reported to his WZO colleagues in London in May 1920, the boundaries of the mandated territories were unspecified at San Remo and would "be determined by the Principal Allied Powers" at a later stage.

Addition of Transjordan

Under the terms of the 1915 McMahon-Hussein Correspondence and the 1916 Sykes–Picot Agreement, Transjordan was intended to become part of an Arab state or a confederation of Arab states. British forces retreated in spring 1918 from Transjordan after their first and second attacks on the territory, indicating their political ideas about its future; they had intended the area to become part of an Arab Syrian state. The British subsequently defeated the Ottoman forces in Transjordan in late September 1918, just a few weeks before the Ottoman Empire's overall surrender.

Transjordan was not mentioned during the 1920 discussions at San Remo, at which the Mandate for Palestine was awarded. Britain and France agreed that the eastern border of Palestine would be the Jordan river as laid out in the Sykes–Picot Agreement. That year, two principles emerged from the British government. The first was that the Palestine government would not extend east of the Jordan; the second was the government's chosen – albeit disputed – interpretation of the McMahon-Hussein Correspondence, which proposed that Transjordan be included in the area of "Arab independence" (excluding Palestine).

Regarding Faisal's Arab Kingdom of Syria, the French removed Hashim al-Atassi's newly proclaimed nationalist government and expelled King Faisal from Syria after the 23 July 1920 Battle of Maysalun. The French formed a new Damascus state after the battle, and refrained from extending their rule into the southern part of Faisal's domain; Transjordan became for a time a no-man's land or, as Samuel put it, "politically derelict".

After the French occupation, the British suddenly wanted to know "what is the 'Syria' for which the French received a mandate at San Remo?" and "does it include Transjordania?". British Foreign Minister Lord Curzon ultimately decided that it did not; Transjordan would remain independent, but in a close relationship with Palestine. On 6 August 1920, Curzon wrote to newly appointed High Commissioner Herbert Samuel about Transjordan: "I suggest that you should let it be known forthwith that in the area south of the Sykes–Picot line, we will not admit French authority and that our policy for this area to be independent but in closest relations with Palestine." Samuel replied to Curzon, "After the fall of Damascus a fortnight ago ... Sheiks and tribes east of Jordan utterly dissatisfied with Shareefian Government most unlikely would accept revival", and asked to put parts of Transjordan directly under his administrative control. Two weeks later, on 21 August, Samuel visited Transjordan without authorisation from London; at a meeting with 600 leaders in Salt, he announced the independence of the area from Damascus and its absorption into the mandate (proposing to quadruple the area under his control by tacit capitulation). Samuel assured his audience that Transjordan would not be merged with Palestine. Curzon was in the process of reducing British military expenditures, and was unwilling to commit significant resources to an area considered of marginal strategic value. He immediately repudiated Samuel's action, and sent (via the Foreign Office) a reiteration of his instructions to minimize the scope of British involvement in the area: "There must be no question of setting up any British administration in that area". At the end of September 1920, Curzon instructed an Assistant Secretary at the Foreign Office, Robert Vansittart, to leave the eastern boundary of Palestine undefined and avoid "any definite connection" between Transjordan and Palestine to leave the way open for an Arab government in Transjordan. Curzon subsequently wrote in February 1921, "I am very concerned about Transjordania ... Sir H.Samuel wants it as an annex of Palestine and an outlet for the Jews. Here I am against him."

Abdullah, the brother of recently deposed King Faisal, marched into Ma'an at the head of an army of from 300 to 2,000 men on 21 November 1920. Between then and the end of March 1921, Abdullah's army occupied all of Transjordan with some local support and no British opposition.

The Cairo Conference was convened on 12 March 1921 by Winston Churchill, then Britain's Colonial Secretary, and lasted until 30 March. It was intended to endorse an arrangement whereby Transjordan would be added to the Palestine mandate, with Abdullah as the emir under the authority of the High Commissioner, and with the condition that the Jewish National Home provisions of the Palestine mandate would not apply there. On the first day of the conference, the Middle East Department of the Colonial Office set out the situation of Transjordan in a memorandum. On 21 March 1921, the Foreign and Colonial Office legal advisers decided to introduce Article 25 into the Palestine Mandate to allow for the addition of Transjordan.

Drafting

The intended mandatory powers were required to submit written statements to the League of Nations during the Paris Peace Conference proposing the rules of administration in the mandated areas. Drafting of the Palestine mandate began well before it was formally awarded at San Remo in April 1920, since it was evident after the end of the war that Britain was the favored power in the region. The mandate had a number of drafts: the February 1919 Zionist proposals to the peace conference; a December 1919 compromise draft between the British and the Zionists; a June 1920 draft after Curzon's "watering down", and the December 1920 draft submitted to the League of Nations for comment.

1919: Initial Zionist-British discussions

The February 1919 Zionist Proposal to the Peace Conference was not discussed at the time, since the Allies' discussions were focused elsewhere. It was not until July 1919 that direct negotiations began between the British Foreign Office and the Zionists, after the production of a full draft mandate by the British. The British draft contained 29 articles, compared to the Zionist proposal's five articles. However, the Zionist Organisation Report stated that a draft was presented by the Zionist Organization to the British on 15 July 1919.''The Zionist Congress''
. The Canadian Jewish Chronicle, p. 6, 9 September 1921. At news.google.com, p. 3

Balfour authorised diplomatic secretary Eric Forbes Adam to begin negotiations with the Zionist Organization. On the Zionist side, the drafting was led by Ben Cohen on behalf of Weizmann, Felix Frankfurter and other Zionist leaders. By December 1919, they had negotiated a "compromise" draft.

1920: Curzon negotiations

Although Curzon took over from Balfour in October, he did not play an active role in the drafting until mid-March. Israeli historian Dvorah Barzilay-Yegar notes that he was sent a copy of the December draft and commented, "... the Arabs are rather forgotten ...". When Curzon received the draft of 15 March 1920, he was "far more critical" and objected to "... formulations that would imply recognition of any legal rights ..." (for example, that the British government would be "responsible for placing Palestine under such political, administrative and economic conditions as will secure the establishment of a Jewish national home and the development of a self-governing Commonwealth ..."). Curzon insisted on revisions until the 10 June draft removed his objections; the paragraph recognising the historical connection of the Jewish people with Palestine was removed from the preamble, and "self-governing commonwealth" was replaced by "self-governing institutions". "The recognition of the establishment of the Jewish National Home as the guiding principle in the execution of the Mandate" was omitted.

After strenuous objection to the proposed changes, the statement concerning the historical connections of the Jews with Palestine was re-incorporated into the Mandate in December 1920. The draft was submitted to the League of Nations on 7 December 1920, and was published in the ''Times'' on 3 February 1921.

1921: Transjordan article

The inclusion of Article 25 was approved by Curzon on 31 March 1921, and the revised final draft of the mandate was forwarded to the League of Nations on 22 July 1922. Article 25 permitted the mandatory to "postpone or withhold application of such provisions of the mandate as he may consider inapplicable to the existing local conditions" in that region. The final text of the Mandate includes an Article 25, which states:

In the territories lying between the Jordan iverand 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.

The new article was intended to enable Britain "to set up an Arab administration and to withhold indefinitely the application of those clauses of the mandate which relate to the establishment of the National Home for the Jews", as explained in a Colonial Office letter three days later. This created two administrative areas – Palestine, under direct British rule, and the autonomous Emirate of Transjordan

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