Page 14 - SAN REMO 100_PREVIEW BOOKLET
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
