Thursday, December 10, 2015

The Anglo American Treaty of 1924

Introduction to the 1924 Anglo American Convention on the Mandate for Palestine

The United States was neither one of the Principal Allied Powers of World War I nor was the U.S. a member of the League of Nations. Therefore, the American Government was not initially obligated to recognize and guarantee the rights protected in the Mandate for Palestine. However, the American Administration signed a treaty on December 3, 1924 (ratified by the Senate February 20, 1925; proclaimed December 5, 1925) thus making the obligations of the Mandate for Palestine Treaty law for both the British and Americans!

This imposed a solemn obligation on the U.S. Government to protest any British violation of this treaty, which had repeated every word of the Mandate Charter in the preamble of the Convention, regardless of whether the violation affected American rights, those of the Jewish people, or any non-Jewish resident of Palestine.

Article VI of the U.S. Constitution labels treaties as the "Supreme Law of the Land" and instructs judges to enforce the performance of the specific obligations of the Nation's treaties:
"…all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby…"Though the  1924 Anglo-American Convention expired when the Mandate for Palestine was terminated midnight May 14/15, 1948, the principle of "Acquired  Legal Rights," as defined in the 1969 Vienna Convention on the Law of Treaties, Article 70(1)(b), dictates that rights recognized and protected under a treaty do not expire or terminate when the legal instrument recognizing the rights is terminated.  In other words, rights continue without end.

The Anglo American Treaty of 1924

44 Stat.2184; Treaty Series 728
        WHEREAS by the Treaty of Peace concluded with the Allied Powers, Turkey renounces all her rights and titles over Palestine; and
        Whereas article 22 of the Covenant of the League of Nations in the Treaty of Versailles provides that in the case of certain territories which, as a consequence of the late war, ceased to be under the sovereignty of the States which formerly governed them, mandates should be issued, and that the terms of the mandate should be explicitly defined in each case by the Council of the League; and
        Whereas the Principal Allied Powers have agreed to entrust the Mandate for Palestine to His Britannic Majesty; and
        Whereas the terms of the said mandate have been defined by the Council of the League of Nations, as follows:

        "The Council of the League of Nations:

        "Whereas the Principal Allied Powers have agreed, for the purpose of giving effect to the provisions of Article 22 of the Covenant of the League of Nations, to entrust to a Mandatory selected by the said Powers the administration of the territory of Palestine, which formerly belonged to the Turkish Empire, within such boundaries as may be fixed by them; and
        "Whereas the Principal Allied Powers have also agreed that the Mandatory should be responsible for putting into effect the declaration originally made on November 2nd, 1917, by the Government of His Britannic Majesty, and adopted by the said Powers, in favor of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing should be done which might prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country; and
        "Whereas recognition has thereby been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country; and
        "Whereas the Principal Allied Powers have selected His Britannic Majesty as the Mandatory for Palestine; and
        "Whereas the mandate in respect of Palestine has been formulated in the following terms and submitted to the Council of the League for approval; and
        "Whereas His Britannic Majesty has accepted the mandate in respect of Palestine and undertaken to exercise it on behalf of the League of Nations in conformity with the following provisions; and
        "Whereas by the aforementioned Article 22 (paragraph 8), it is provided that the degree of authority, control or administration to be exercised by the Mandatory, not having been previously agreed upon by the Members of the League, shall be explicitly defined by the Council of the League Of Nations;

        "Confirming the said mandate, defines its terms as follows:
"Article 1
        "The Mandatory shall have full powers of legislation and of administration, save as they may be limited by the terms of this mandate.
"Article 2
        "The Mandatory shall be responsible for placing the country under such political, administrative and economic conditions as will secure the establishment of the Jewish national home, as laid down in the preamble, and the development of self-governing institutions, and also for safeguarding the civil and religious rights of all the inhabitants of Palestine, irrespective of race and religion.
"Article 3
        "The Mandatory shall, so far as circumstances permit, encourage local autonomy.
"Article 4
        "An appropriate Jewish agency shall be recognised as a public body for the purpose of advising and co-operating with the Administration of Palestine in such economic, social and other matters as may affect the establishment of the Jewish national home and the interests of the Jewish population in Palestine, and, subject always to the control of the Administration, to assist and take part in the development of the country.
        "The Zionist organization, so long as its organization and constitution are in the opinion of the Mandatory appropriate, shall be recognised as such agency. It shall take steps in consultation with His Britannic Majesty's Government to secure the co-operation of all Jews who are willing to assist in the establishment of the Jewish national home.
"Article 5
        "The Mandatory shall be responsible for seeing that no Palestine territory shall be ceded or leased to, or in any way placed under the control of, the Government of any foreign Power.
"Article 6
        "The Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions and shall encourage, in cooperation with the Jewish agency referred to in Article 4, close settlement by Jews on the land, including State lands and waste lands not required for public purposes.
"Article 7
        "The Administration of Palestine shall be responsible for enacting a nationality law. There shall be included in this law provisions framed so as to facilitate the acquisition of Palestinian citizenship by Jews who take up their permanent residence in Palestine.
"Article 8
        "The privileges and immunities of foreigners, including the benefits of consular jurisdiction and protection as formerly enjoyed by Capitulation or usage in the Ottoman Empire, shall not be applicable in Palestine.
        "Unless the Powers whose nationals enjoyed the aforementioned privileges and immunities on the 1st August, 1914, shall have previously renounced the right to their re-establishment, or shall have agreed to their non-application for a specified period, these privileges and immunities shall, at the expiration of the mandate, be immediately re-established in their entirety or with such modifications as may have been agreed upon between the Powers concerned.
"Article 9
        "The Mandatory shall be responsible for seeing that the judicial system established in Palestine shall assure to foreigners, as well as to natives, a complete guarantee of their rights.
"Respect for the personal status of the various peoples and communities and for their religious interests shall be fully guaranteed. In particular, the control and administration of Wakfs shall be exercised in accordance with religious law and the dispositions of the founders.
"Article 10
        "Pending the making of special extradition agreements relating to Palestine, the extradition treaties in force between the Mandatory and other foreign Powers shall apply to Palestine.
"Article 11
        "The Administration of Palestine shall take all necessary measures to safeguard the interests of the community in connection with the development of the
country, and, subject to any international obligations accepted by the Mandatory, shall have full power to provide for public ownership or control of any of the natural resources of the country or of the public works, services and utilities established or to be established therein. It shall introduce a land system appropriate to the needs of the country, having regard, among other things, to the desirability of promoting the close settlement and intensive cultivation of the land.
        "The Administration may arrange with the Jewish agency mentioned in Article 4 to construct or operate, upon fair and equitable terms, any public works, services and utilities, and to develop any of the natural resources of the country, in so far as these matters are not directly undertaken by the Administration. Any such arrangements shall provide that no profits distributed by such agency, directly or indirectly, shall exceed a reasonable rate of interest on the capital, and any further profits shall be utilised by it for the benefit of the country in a manner approved by the Administration.
        "The Mandatory shall be entrusted with the control of the foreign relations of Palestine and the right to issue exequaturs to consuls appointed by foreign Powers. He shall also be entitled to afford diplomatic and consular protection to citizens of Palestine when outside its territorial limits.
"Article 13
        "All responsibility in connection with the Holy Places and religious buildings or sites in Palestine, including that of preserving existing rights and of securing free access to the Holy Places, religious buildings and sites and the free exercise of worship, while ensuring the requirements of public order and decorum, is assumed by the Mandatory, who shall be responsible solely to the League of Nations in all matters connected herewith, provided that nothing in this article shall prevent the Mandatory from entering into such arrangements as he may deem reasonable with the Administration for the purpose of carrying the provisions of this article into effect; and provided also that nothing in this mandate shall be construed as conferring upon the Mandatory authority to interfere with the fabric or the management of purely Moslem sacred shrines, the immunities of which are guaranteed.
"Article 14
        "A special commission shall be appointed by the Mandatory to study, define and determine the rights and claims in connection with the Holy Places and the rights and claims relating to the different religious communities in Palestine. The method of nomination, the composition and the functions of this Commission shall be submitted to the Council of the League for its approval, and the Commission shall not be appointed or enter upon its functions without the approval of the Council.
"Article 15
        "The Mandatory shall see that complete freedom of conscience and the free exercise of all forms of worship, subject only to the maintenance of public order and morals, are ensured to all. No discrimination of any kind shall be made between the inhabitants of Palestine on the ground of race, religion or language. No person shall be excluded from Palestine on the sole ground of his religious belief.
        "The right of each community to maintain its own schools for the education of its own members in its own language, while conforming to such educational requirements of a general nature as the Administration may impose, shall not be denied or impaired.
"Article 16
        "The Mandatory shall be responsible for exercising such supervision over religious or eleemosynary bodies of all faiths in Palestine as may be required for the maintenance of public order and good government. Subject to such supervision, no measures shall be taken in Palestine to obstruct or interfere with the enterprise of such bodies or to discriminate against any representative or member of them on the ground of his religion or nationality.
"Article 17
        "The Administration of Palestine may organise on a voluntary basis the forces necessary for the preservation of peace and order, and also for the defence of the country, subject, however, to the supervision of the Mandatory, but shall not use them for purposes other than those above specified save with the consent of the Mandatory. Except for such purposes, no military, naval or air forces shall be raised or maintained by the Administration of Palestine.
        "Nothing in this article shall preclude the Administration of Palestine from contributing to the cost of the maintenance of the forces of the Mandatory in Palestine.
        "The Mandatory shall be entitled at all times to use the roads, railways and ports of Palestine for the movement of armed forces and the carriage of fuel and supplies.
"Article 18
        "The Mandatory shall see that there is no discrimination in Palestine against the nationals of any State Member of the League of Nations (including companies incorporated under its laws) as compared with those of the Mandatory or of any foreign State in matters concerning taxation, commerce or navigation, the exercise of industries or professions, or in the treatment of merchant vessels or civil aircraft. Similarly, there shall be no discrimination in Palestine against goods originating in or destined for any of the said States, and there shall be freedom of transit under equitable conditions across the mandated area.
        "Subject as aforesaid and to the other provisions of this mandate, the Administration of Palestine may, on the advice of the Mandatory, impose such taxes
and customs duties as it may consider necessary, and take such steps as it may think best to promote the development of the natural resources of the country and to safeguard the interests of the population. It may also, on the advice of the Mandatory, conclude a special customs agreement with any State the territory of which in 1914 was wholly included in Asiatic Turkey or Arabia.
"Article 19
        "The Mandatory shall adhere on behalf of the Administration of Palestine to any general international conventions already existing, or which may be concluded hereafter with the approval of the League of Nations, respecting the slave traffic, the traffic in arms and ammunition, or the traffic in drugs, or relating to commercial equality, freedom of transit and navigation, aerial navigation and postal, telegraphic and wireless communication or literary, artistic or industrial property.
"Article 20
        "The Mandatory shall co-operate on behalf of the Administration of Palestine, so far as religious, social and other conditions may permit, in the execution of any common policy adopted by the League of Nations for preventing and combating disease, including diseases of plants and animals.
"Article 21
        "The Mandatory shall secure the enactment within twelve months from this date, and shall ensure the execution of a Law of Antiquities based on the following rules. This law shall ensure equality of treatment in the matter of excavations and archaeological research to the nationals of all States Members of the League of Nations.
        "'Antiquity  means any construction or any product of human activity earlier than the year A.D.
        "The law for the protection of antiquities shall proceed by encouragement rather than by threat.
        "Any person who, having discovered an antiquity without being furnished with the authorization referred to in paragraph 5, reports the same to an official of the competent Department, shall be rewarded according to the value of the discovery.
        "No antiquity may be disposed of except to the competent Department, unless this Department renounces the acquisition of any such antiquity.
        "No antiquity may leave the country without an export licence from the said Department.
        "Any person who maliciously or negligently destroys or damages an antiquity shall be liable to a penalty to be fixed.
        "No clearing of ground or digging with the object of finding antiquities shall be permitted, under penalty of fine, except to persons authorised by the competent Department.
        "Equitable terms shall be fixed for expropriation, temporary or permanent, of lands which might be of historical or archaeological interest.
        "Authorization to excavate shall only be granted to persons who show sufficient guarantees of archaeological experience. The Administration of Palestine shall not, in granting these authorizations, act in such a way as to exclude scholars of any nation without good grounds.
        "The proceeds of excavations may be divided between the excavator and the competent Department in a proportion fixed by that Department. If division seems impossible for scientific reasons, the excavator shall receive a fair indemnity in lieu of a part of the find.
"Article 22
        "English, Arabic and Hebrew shall be the official languages of Palestine. Any statement or inscription in Arabic on stamps or money in Palestine shall be repeated in Hebrew and any statement or inscription in Hebrew shall be repeated in Arabic.
"Article 23
        "The Administration of Palestine shall recognise the holy days of the respective communities in Palestine as legal days of rest for the members of such communities.

"Article 24
"The Mandatory shall make to the Council of the League of Nations an annual report to the satisfaction of the Council as to the measures taken during the year to carry out the provisions of the mandate. Copies of all laws and regulations promulgated or issued during the year shall be communicated with the report.
"Article 25
"In the territories lying between the Jordan and 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, provided that no action shall be taken which is inconsistent with the provisions of Articles 15, 16 and 18.
"Article 26
"The Mandatory agrees that, if any dispute whatever should arise between the Mandatory and another member of the League of Nations relating to the interpretation or the application of the provisions of the mandate, such dispute, if it cannot be settled by negotiation, shall be submitted to the Permanent Court of International Justice provided for by Article 14 of the Covenant of the League of Nations.
"Article 27
"The consent of the Council of the League of Nations is required for any modification of the terms of this mandate.
"Article 28
"In the event of the termination of the mandate hereby conferred upon the Mandatory, the Council of the League of Nations shall make such arrangements as may be deemed necessary for safeguarding in perpetuity, under guarantee of the League, the rights secured by Articles 13 and 14, and shall use its influence for securing, under the guarantee of the League, that the Government of Palestine will fully honour the financial obligations legitimately incurred by the Administration of Palestine during the period of the mandate, including the rights of public servants to pensions or gratuities.

"The present instrument shall be deposited in original in the archives of the League of Nations, and certified copies shall be forwarded by the Secretary-General of the League of Nations to all members of the League.
        "Done at London, the 24th day of July, 1922;  and

        Whereas the mandate in the above terms came into force on the 29th of September, 1923; and
Whereas the United States of America, by participating in the war against Germany, contributed to he defeat and the defeat of her allies, and to the renunciation of the rights and titles of her Allies in the territory transferred by them but has not ratified the Covenant of the League of Nations  embodied in the Treaty of Versailles; and
        Whereas the Government of the United States and the Government of His Britannic Majesty  desire to reach a definite understanding with respect to the rights of the two Governments and their respective nationals in Palestine;
        The President of the United States of America and His Britannic Majesty have decided to conclude a convention to this effect, and have named as their plenipotentiaries:

        The President of the United States of America:
His Excellency the Honourable  Frank B. Kellogg, Ambassador Extraordinary and Plenipotentiary of the United Sates at London:

        His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India:
            The Right Honourable Joseph Austen Chamberlain, M.P., His Majesty's Principal Secretary of State for Foreign Affairs:
Article 1
Subject to the provisions of the present convention the United States consents to the administration of Palestine by His Britannic Majesty, pursuant to the mandate recited above.
Article 2
The United States and its nationals shall have and enjoy all the rights and benefits secured under the terms of the mandate to members of the League of Nations and their nationals, notwithstanding the fact that the United States is not a member of the League of Nations.
Article 3
Vested American property rights in the mandated territory shall be respected and in no way impaired.
Article 4
A duplicate of the annual report to be made by the Mandatory under asrticle 24 of the mandate shall be furnished to the United States.
Article 5
Subject to the provisions of any local laws for the maintenance of public order and public morals, the nationals of the United States will be permitted freely to establish and maintain educational, philanthropic and religious institutions and the mandated territory, to receive voluntary applicants to teach in the English language.
Article 6
The extradition treaties and conventions which are, or may be, in force between the United States and Great Britain, and the provisions of any treaties which are, or may be, in force between the two countries which relate to extradition or consular rights shall apply to the mandated territory.
Article 7
Nothing contained in the present convention shall be affected by any modification which may be made in terms of the mandate, as recited above, unless such modification shall have been assented to by the United States.
Article 8
The present convention shall be ratified in accordance with the respective constitutional methods of the High Contracting Parties. The ratifications shall be exchanged in London as soon as practicable. The present convention shall take effect on the date of the exchange of ratifications.

In witness whereof, the undersigned have signed the present convention, and have thereunto affixed their seals.
Done in duplicate at London, this 3rd day of December, 1924.

That Anglo-American Convention of 1924

Isn't it about time a specific group be established, one that represents the rights of American Jewish residents of Judea and Samaria to campaign on our behalf?

You may have seen this story (and I have discussed this Convention previously):-

NGO to Clinton: Settlements are legal

The Office for Israeli Constitutional Law, a non-governmental legal action organization, sent a letter to US Secretary of State Hillary Clinton last week, warning that by labeling Jewish settlements in the West Bank illegal, she is violating international law.

The little-known Anglo-American Convention, a treaty signed by the US and British governments in 1924, stipulated that the US fully accepted upon itself the Mandate for Palestine, which declared all of the West Bank within its borders.

...the American-Anglo convention was a treaty that was connected to the mandate. Treaties themselves have no statute of limitations, so their rights go on ad infinitum."

...The OFICL letter also warned Clinton that if her office does not comply with the civil rights recognized in the Anglo-American convention, OFICL will file a class-action suit in a US district court.

Now, about that Convention, I found this in a discussion about whether the US should recognize TransJordan:

...[regarding] certain matters such as foreign relations, financial and fiscal policy, jurisdiction over foreigners and freedom of conscience. United States rights, as specified in the American-British Convention of December 3,1924, include guarantees of vested American property rights in Trans-Jordan, the right of United States nationals freely to establish and maintain educational, philanthropic, and religious institutions there, and all the general rights and benefits secured under the terms of the mandate to members of the League of Nations and their nationals. Extradition and consular rights, guaranteed under treaties and conventions between the United States and Great Britain, are likewise extended to Trans-Jordan. Article 7 of this Convention provides that the rights of the United States and its nationals as stated in the Convention shall not be affected by any modification of the terms of the Mandate to which the United States does not give its assent...

...In the past the Government of the United States has taken the position that it is not empowered, under the articles of the American-British Convention of December 3, 1924, to prevent the modification of the terms of any of the mandates. Under their provisions, however, this government can decline to recognize the validity of the application to American interests of any modification of the mandates unless such modification has been assented to by the Government of the United States... is our present policy, subject to the approval of the Secretary, to recognize the independence of Trans-Jordan, as in the case of the Levant States, on securing a satisfactory assurance of the continuation of the rights guaranteed the United States under the American-British Convention of 1924...

My understanding is that, as I have always maintained, American citizens have a special role to play in championing Jewish rights in the Jewish people's national home.

Not only are Jews as individuals granted internationally legally recognized rights of "close settlement" on the land of a reconstituted Jewish national home as a result of the historic connection of the Jewish people to that territory which, at the least extends over all of CisJordan, that is what is Israel, Judea, Samaria and Gaza today, and not only are Jews as a collective possessing those same rights even if a separate political entity be established in that area, but as American citizens, Jews residing in Judea, Samaria and Gaza, who own land, property, businesses and run institutions of religion, philanthropy, charity, social welfare, health, etc., are protected by that 1924 Convention.

If I am not mistaken, the Revisionist Zionists attempted to use this instrument to encourage the United States, in the summer of 1939, to intervene at Geneva and overturn the British 1939 White Paper as a violation of the terms of the 1924 Convention as it applies to the Mandate - that Gt. Britain, without American approval, could not limit immigration and land purchases as they did and surely not declare that the Jewish National Home was no longer the goal of the Mandate but rather a nebulous Palestinian state.

A blog post on November 23 has this up:

America’s ratification of the 1924 “Anglo-American Convention on Palestine” made the U.S. a "contracting party" to the League of Nations Mandate for Palestine. Assigned to Britain for administration, the Mandate was not only devoid of any provision for an Arab state within Palestine’s borders, it specifically prohibited the partition of the land and its use for any purpose other than the creation of a National Jewish Home.

With President Calvin Coolidge’s signature on the Anglo-American Convention, the terms of the Mandate for Palestine became incorporated into American law. The words of America’s 29th president, in proclaiming the treaty, made it clear that this was no mere ceremonial act. "Now , therefore, be it known," he declared, that “I, Calvin Coolidge, President of the United States of America, have caused the said Convention to be made public to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.”

Coolidge wasn’t plowing new American legal ground with these words. In fact, he was simply reinforcing a unanimous joint resolution of the 67th Congress of the United States three years earlier, signed by his predecessor, President Warren G. Harding, recognizing a future Jewish state in “the whole of Palestine.”

President have put yourself at legal and moral odds with the very law you took an oath to uphold. It is clearly time for a reversal of this tragic course.

And this too:-

...The United States Senate had not ratified the Treaty of Versailles, in part, due to reservations about the legitimacy of the League of Nations System of Mandates. The US government subsequently entered into individual treaties to secure legal rights for its citizens, and to protect property rights and businesses interests in the mandates. In the case of the Palestine Mandate Convention, it recited the terms of the League of Nations mandate, and subjected them to eight amendments. One of those precluded any unilateral changes to the terms of the mandate. The United States insisted that the convention say that it 'consents' rather than 'concurs' with the terms of the mandate and declined to mention the Balfour Declaration in the preamble of its portion of the agreement. It did not agree to mutual defense, to provisionally recognize a Jewish State, or to pledge itself to maintain the territorial integrity of the mandate...

And see here. And here's the full text starting on page 212.

As noted in "Great power discord in Palestine" by Amikam Nachman, the United States had adopted a non-political approach of interpretation of the Convention but following World War II, utilized it as a justification for becoming involved.

On this issue, here is Howard Grief's position from 2003:

The United States agreed to the British administration of Palestine pursuant to the Mandate when it signed and ratified the Anglo-American Convention of December 3, 1924. This imposed a solemn obligation on the US Government to protest any British violation of this treaty, which had repeated every word, jot and tittle of the Mandate Charter in the preamble of the Convention, regardless of whether the violation affected American rights or those of the Jewish people. Yet when the White Paper was issued in the year of 1939, the US Government did not lift a finger to point out the blaring illegalities contained in the new statement of British policy that smashed to smithereens the Balfour Declaration and the Mandate, and brought immense joy to the Arab side.

It accepted the incredible British contention that changes in the terms of the Mandate effected by the White Paper did not require American consent because no US rights or those of its nationals were impaired, an argument that was demonstrably false. This US passivity in the face of British perfidy, which was strongly denounced by the venerable David Lloyd George and even by Winston Churchill who had himself contributed to the betrayal of the Jewish people and their rights to Palestine, allowed the British Government to get away with the highest violation of international law at the very moment when the Jewish people were about to suffer the greatest catastrophe in their history. There can be no doubt that the Holocaust could have largely been prevented or its effects greatly mitigated, had the terms of the Mandate been duly implemented to allow for a massive influx of Jews to their national home.

American inaction against the British Government was particularly unforgivable in view of the fact that the articles of the Mandate were a part of American domestic law and the US was the only state which could have forced the British to repudiate the malevolent White Paper and restore the right of the Jews of Europe to gain refuge in their homeland.

Both the Mandate and the Anglo-American Convention have ceased to exist. However, all the rights of the Jewish people that derive from the Mandate remain in full force. This is the consequence of the principle of acquired legal rights which, as applied to the Jewish people, means that the rights they acquired or were recognized as belonging to them when Palestine was legally created as the Jewish National Home are not affected by the termination of the treaty or the acts of international law which were the source of those rights. This principle already existed when the Anglo-American Convention came to an end simultaneously with the termination of the Mandate for Palestine on May 14-15, 1948. It has since been codified in Article 70(1)(b) of the 1969 Vienna Convention on the Law of Treaties. This principle of international law would apply even if one of the parties to the treaty failed to perform the obligations imposed on it, as was the case with the British Government in regard to the Mandate for Palestine.

The reverse side of the principle of acquired legal rights is the doctrine of estoppel which is also of great importance in preserving Jewish national rights. This doctrine prohibits any state from denying what it previously admitted or recognized in a treaty or other international agreement. In the Convention of 1924, the United States recognized all the rights granted to the Jewish people under the Mandate, in particular the right of Jewish settlement anywhere in Palestine or the Land of Israel. Therefore the US Government is legally estopped today from denying the right of Jews in Israel to establish settlements in Judea, Samaria and Gaza, which have been approved by the Government of Israel.

In addition, the United States is also debarred from protesting the establishment of these settlements because they are based on a right which became embedded in US domestic law after the 1924 Convention was ratified by the US Senate and proclaimed by President Calvin Coolidge on December 5, 1925. This convention has terminated, but not the rights granted under it to the Jewish people. The American policy opposing Jewish settlements in Judea, Samaria and Gaza is a fit subject for judicial review in US Courts because it violates Jewish legal rights formerly recognized by the United States and which still remain part of its domestic law. A legal action to overturn this policy if it was to be adjudicated might also put an end to the American initiative to promote a so-called "Palestinian" state which would abrogate the existing right of Jewish settlement in all areas of the Land of Israel that fall under its illegal rule.

I repeat:

Isn't it about time a specific group be established, one that represents the rights of American Jewish residents of Judea and Samaria to campaign on our behalf?


Okay, by popular demand.

The Convention:

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