P. 14

Nations acknowledged the unique
               circumstances that in their view
               both demanded and justified the
               preferential treatment of the Jewish
               people, compared with the non-
               Jewish population in Palestine. As
               one writer has observed:

                  “[T]he Jewish people as a
                  whole may be considered […]
                                                          Peace Conference Commission who framed the Covenant of the League of Nations, 1919
                  as forming virtually part of
                  the population of Palestine.   From that perspective it is possible   autonomy for the Jewish people in

                  The Mandate system has        to understand the Mandate for     Palestine.
                  been applied to Palestine     Palestine as being in harmony
                                                with the purposes of the Mandate   3. Minority rights
                  not merely on account of
                                                system as formulated in Article 22   The Mandate re-stated the caveat
                  the inability of its present
                                                of the Covenant of the League of   in the Balfour Declaration requiring
                  population to stand alone,    Nations. In fact, the Permanent   that “nothing should be done
                  as is the case with other     Court of International Justice    which might prejudice the civil and
                  mandated territories, but     accepted the Mandate for Palestine   religious rights of existing non-

                  also, and perhaps chiefly,    as legally binding in its judgment in   Jewish communities in Palestine”.
                                                1924 in the Mavrommatis case.     This recognised various different
                  on account of the fact that
                                                                                  religious and ethnic communities
                  the people whose connection   2. Ethnic homeland                living in Palestine at the time,
                  with Palestine has been       To implement that preference,     which is remarkable given that
                  recognized is still outside   the goal of the Mandate was       the international law of human
                   its boundaries. […] The      the establishment “in Palestine”   rights had not yet developed (this
                  Mandatory has assumed an      of a “national home for the
                                                Jewish people”. These words               “San Remo
                  obligation not towards the
                                                leave considerable room for
                  actual but the virtual        interpretation, but at any rate clearly   prefigured the law
                  population of Palestine.” *   contemplated a form of political      of  human rights”
                                                independence and governmental

        12     SAN REMO 100
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