Law and Identity in Mandate Palestine (Studies in Legal History)


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Colonial Transformation of a Spiritual City. A Watershed in the Arab-Israeli Conflict. Short-Lived Promises of a Negotiated Settlement. The Decline of an Ancient Heritage. Preliminary Sketches of Mandate Palestine's Boundaries. The Reemergence of the Palestinian National Movement. From the Limelight to the Backstage. Historic Undertakings For the Sake of Statehood. A Rich and Diverse National Heritage. Blending Levantine Sounds and the Power of Poetry.

Documenting Life in a Time of Change. A Vulnerable Yet Vibrant Community. Fully Integrated, for Better and for Worse. Determined to Stay High on the National Agenda. The Bumpy History of a Maturing Art.


  1. Assaf Likhovski.
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A six-month general strike in marked the start of the great Arab Revolt. The conquest of the Ottoman Syria by the British forces in , found a mixed community in the region, with Palestine , the southern part of the Ottoman Syria , containing a mixed population of Muslims, Christians, Jews and Druze. In this period, the Jewish community Yishuv in Palestine was composed of traditional Jewish communities in cities the Old Yishuv , which had existed for centuries, [] and the newly established agricultural Zionist communities the New Yishuv , established since the s.

With the establishment of the Mandate, the Jewish community in Palestine formed the Zionist Commission to represent its interests. In , the Jewish Agency for Palestine took over from the Zionist Commission its representative functions and administration of the Jewish community. During the Mandate period, the Jewish Agency was a quasi-governmental organisation that served the administrative needs of the Jewish community. Its leadership was elected by Jews from all over the world by proportional representation.

It ran schools and hospitals, and formed the Haganah. The British authorities offered to create a similar Arab Agency but this offer was rejected by Arab leaders. In response to numerous Arab attacks on Jewish communities, the Haganah , a Jewish paramilitary organisation, was formed on 15 June to defend Jewish residents. Tensions led to widespread violent disturbances on several occasions, notably in see Jaffa riots , primarily violent attacks by Arabs on Jews—see Hebron massacre and — During the Mandate, the Yishuv or Jewish community in Palestine, grew from one-sixth to almost one-third of the population.

According to official records, , Jews and 33, non-Jews immigrated legally between and Initially, Jewish immigration to Palestine met little opposition from the Palestinian Arabs. However, as anti-Semitism grew in Europe during the late 19th and early 20th centuries, Jewish immigration mostly from Europe to Palestine began to increase markedly. Combined with the growth of Arab nationalism in the region and increasing anti-Jewish sentiments the growth of Jewish population created much Arab resentment.

The British government placed limitations on Jewish immigration to Palestine. These quotas were controversial, particularly in the latter years of British rule, and both Arabs and Jews disliked the policy, each for their own reasons.

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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. One of the objectives of British administration was to give effect to the Balfour Declaration of , which was also set out in the preamble of the mandate, as follows:. The United Nations Special Committee on Palestine said the Jewish National Home, which derived from the formulation of Zionist aspirations in the Basle program has provoked many discussions concerning its meaning, scope and legal character, especially since it had no known legal connotation and there are no precedents in international law for its interpretation.

It was used in the Balfour Declaration and in the Mandate, both of which promised the establishment of a "Jewish National Home" without, however, defining its meaning. A statement on "British Policy in Palestine," issued on 3 June by the Colonial Office, placed a restrictive construction upon the Balfour Declaration.

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The statement included "the disappearance or subordination of the Arabic population, language or customs in Palestine" or "the imposition of Jewish nationality upon the inhabitants of Palestine as a whole", and made it clear that in the eyes of the mandatory Power, the Jewish National Home was to be founded in Palestine and not that Palestine as a whole was to be converted into a Jewish National Home.

The Committee noted that the construction, which restricted considerably the scope of the National Home, was made prior to the confirmation of the Mandate by the Council of the League of Nations and was formally accepted at the time by the Executive of the Zionist Organisation. In the Balfour Declaration there is no suggestion that the Jews should be accorded a special or favoured position in Palestine as compared with the Arab inhabitants of the country, or that the claims of Palestinians to enjoy self-government subject to the rendering of administrative advice and assistance by a Mandatory as foreshadowed in Article XXII of the Covenant should be curtailed in order to facilitate the establishment in Palestine of a National Home for the Jewish people.

Zionist leaders have not concealed and do not conceal their opposition to the grant of any measure of self-government to the people of Palestine either now or for many years to come. Some of them even go so far as to claim that that provision of Article 2 of the Mandate constitutes a bar to compliance with the demand of the Arabs for any measure of self-government. In view of the provisions of Article XXII of the Covenant and of the promises made to the Arabs on several occasions that claim is inadmissible.

In the Mandates Commission questioned the representative of the Mandatory on the demands made by the Arab population regarding the establishment of self-governing institutions, in accordance with various articles of the mandate, and in particular Article 2. The Chairman noted that "under the terms of the same article, the mandatory Power had long since set up the Jewish National Home.

The Consul said that the Emir Abdullah urged acceptance on the ground that realities must be faced, but wanted modification of the proposed boundaries and Arab administrations in the neutral enclave. The Consul also noted that Nashashibi sidestepped the principle, but was willing to negotiate for favourable modifications. A collection of private correspondence published by David Ben Gurion contained a letter written in which explained that he was in favour of partition because he didn't envision a partial Jewish state as the end of the process.

Ben Gurion wrote "What we want is not that the country be united and whole, but that the united and whole country be Jewish. It envisioned going far beyond any boundaries contained in the existing partition proposals and planned the conquest of the Galilee, the West Bank, and Jerusalem. It demanded "that Palestine be established as a Jewish Commonwealth. In an Anglo-American Committee of Inquiry noted that the demand for a Jewish State went beyond the obligations of either the Balfour Declaration or the Mandate and had been expressly disowned by the Chairman of the Jewish Agency as recently as He stated that the Agency was unwilling to be placed in a position where it might have to compromise between the Grady-Morrison proposals on the one hand and its own partition plan on the other.

He stated that the Agency had accepted partition as the solution for Palestine which it favoured. After transition to the British rule, much of the agricultural land in Palestine about one third of the whole territory was still owned by the same landowners as under Ottoman rule, mostly powerful Arab clans and local Muslim sheikhs. Other lands had been held by foreign Christian organisations most notably the Greek Orthodox Church , as well as Jewish private and Zionist organisations, and to lesser degree by small minorities of Bahai's, Samaritans and Circassians.

Mandate For Palestine - The Legal Aspects of Jewish Rights

As of , the territory of the British Mandate of Palestine was 26,, dunams 26, Estimates of the total volume of land that Jews had purchased by 15 May are complicated by illegal and unregistered land transfers, as well as by the lack of data on land concessions from the Palestine administration after 31 March Nevertheless, the amount of land owned by Jews is easier to calculate than that owned by Arabs.

These data cannot be fully understood without comparing them to those of neighbouring countries: in Iraq, for instance, still in only 0. The following table shows the land ownership of mandatory Palestine by district :. The table below shows the land ownership of Palestine by large Jewish Corporations in square kilometres on 31 December The land owned privately and collectively by Jews, Arabs and other non-Jews can be classified as urban, rural built-on, cultivable farmed , and uncultivable. The following chart shows the ownership by Jews, Arabs and other non-Jews in each of the categories.

In February , the British Government of Palestine promulgated the Land Transfer Regulations which divided Palestine into three regions with different restrictions on land sales applying to each. In Zone "A", which included the hill-country of Judea as a whole, certain areas in the Jaffa sub-District, and in the Gaza District , and the northern part of the Beersheba sub-District, new agreements for sale of land other than to a Palestinian Arab were forbidden without the High Commissioner's permission.

In Zone "B", which included the Jezreel Valley , eastern Galilee, a parcel of coastal plain south of Haifa , a region northeast of the Gaza District, and the southern part of the Beersheba sub-District, sale of land by a Palestinian Arab was forbidden except to a Palestinian Arab with similar exceptions. In the "free zone", which consisted of Haifa Bay, the coastal plain from Zikhron Ya'akov to Yibna , and the neighbohood of Jerusalem, there were no restrictions. The reason given for the regulations was that the Mandatory was required to "ensur[e] that the rights and positions of other sections of the population are not prejudiced," and an assertion that "such transfers of land must be restricted if Arab cultivators are to maintain their existing standard of life and a considerable landless Arab population is not soon to be created" [].

A discrepancy between the two censuses and records of births, deaths and immigration, led the authors of the second census to postulate the illegal immigration of about 9, Jews and 4, Arabs during the intervening years. There were no further censuses but statistics were maintained by counting births, deaths and migration. By the end of the total population was approximately 1,,, the Jews being estimated at , The Arabs had also increased their numbers rapidly, mainly as a result of the cessation of the military conscription imposed on the country by the Ottoman Empire, the campaign against malaria and a general improvement in health services.

In absolute figures their increase exceeded that of the Jewish population, but proportionally, the latter had risen from 13 per cent of the total population at the census of to nearly 30 per cent at the end of Some components such as illegal immigration could only be estimated approximately.

Theoretical Inquiries in Law

The White Paper of , which placed immigration restrictions on Jews, stated that the Jewish population "has risen to some ," and was "approaching a third of the entire population of the country". In , a demographic study showed that the population had grown to 1,,, comprising 1,, Muslims, , Jews, , Christians and 14, people of other groups. The following table gives the religious demography of each of the 16 districts of the Mandate in Under the terms of the August Palestine Order in Council, the Mandate territory was divided into administrative regions known as districts and administer by the office of the British High Commissioner for Palestine.

Britain continued the millet system of the Ottoman Empire whereby all matters of a religious nature and personal status were within the jurisdiction of Muslim courts and the courts of other recognised religions, called confessional communities. The High Commissioner established the Orthodox Rabbinate and retained a modified millet system which only recognised eleven religious communities: Muslims, Jews and nine Christian denominations none of which were Christian Protestant churches. All those who were not members of these recognised communities were excluded from the millet arrangement.

As a result, there was no possibility, for example, of marriages between confessional communities, and there were no civil marriages. Personal contacts between communities were nominal. Apart from the Religious Courts, the judicial system was modelled on the British one, having a High Court with appellate jurisdiction and the power of review over the Central Court and the Central Criminal Court. The five consecutive Chief Justices were:. Between and , the annual growth rate of the Jewish sector of the economy was Per capita, these figures were 4.

By , Jews earned 2. Palestine Airways was founded in , Angel Bakeries in , and the Tnuva dairy in Electric current mainly flowed to Jewish industry, following it to its nestled locations in Tel Aviv and Haifa. Although Tel Aviv had by far more workshops and factories, the demand for electric power for industry was roughly the same for both cities by the early s. The country's largest industrial zone was in Haifa , where many housing projects were built for employees.

Under the British Mandate, the country developed economically and culturally. In the Jewish community founded a centralised Hebrew school system, and the following year established the Assembly of Representatives , the Jewish National Council and the Histadrut labour federation.

The Technion university was founded in , and the Hebrew University of Jerusalem in Palestinian Arabs compared favourably in this respect to residents of Egypt and Turkey, but unfavourably to the Lebanese. General Watson meeting with the Mayor of Jerusalem in December Anglo-Palestine Bank. Movement and curfew pass, issued under the authority of the British Military Commander, East Palestine, The National Socialist movement of Greater Germany has, since its inception, inscribed upon its flag the fight against the world Jewry.

It has therefore followed with particular sympathy the struggle of freedom-loving Arabs, especially in Palestine, against Jewish interlopers. In the recognition of this enemy and of the common struggle against it lies the firm foundation of the natural alliance that exists between the National Socialist Greater Germany and the freedom-loving Muslims of the whole world.

In this spirit I am sending you on the anniversary of the infamous Balfour declaration my hearty greetings and wishes for the successful pursuit of your struggle until the final victory. I am sending my greetings to your eminence and to the participants of the meeting held today in the Reich capital under your chairmanship.

Germany is linked to the Arab nation by old ties of friendship, and today we are united more than ever before. The elimination of the socalled Jewish national home and the liberation of all Arab countries from the oppression and exploitation of the Western powers is an unchangeable part of the Great German Reich policy. Let the hour not be far off when the Arab nation will be able to build its future and find unity in full independance. From Wikipedia, the free encyclopedia.

A geopolitical entity formed from territory ceded by Turkey following WW1. This article is about the geopolitical entity. For the document granting Britain a mandate over both Palestine and the Emirate of Transjordan , see Mandate for Palestine. Public Seal. Part of a series on the. Achaemenid Empire Yehud Medinata. Rashidun Jund Filastin , Jund al-Urdunn. See also: Timeline of the name "Palestine". Main article: — Arab revolt in Palestine. Main article: End of the British Mandate for Palestine. Further information: Arab Higher Committee.

UN Watch Legal Advisor Discusses UN Racism Committee's Review of Palestine

Passports from the British Mandate era. Main articles: Palestinian Nationalism and Arab nationalism. Main article: History of Zionism. See also: History of the State of Israel. See also: Jewish land purchase in Palestine. Main article: Economy of Mandatory Palestine.

General Allenby's final attacks of the Palestine Campaign gave Britain control of the area. Main post office, Jaffa Road , Jerusalem. Western Wall , Archived from the original on Army Records Society. Allenby to Robertson 25 January in Hughes , p. Chapter 9: Being Palestine, becoming Palestine, p. The preceding pages, p. Retrieved Palestine A Four Thousand year History.

Zed Books. Lapidus, A History of Islamic Societies , "The first were the nationalists, who in formed the first Muslim-Christian associations to protest against the Jewish national home" p. Archived from the original on June 17, Lake Success, NY, Palestine Jewry and the Arab Question, — London and Totowa, NJ: F. Cass, In Mattar, Philip ed. Encyclopedia of the Palestinians Revised ed. New York: Facts On File. Rather, it was the combination of his being an effective nationalist activist and a member of one of Jerusalem's most respected notable families that made it advantageous to align his interests with those of the British administration and thereby keep him on a short tether.

Tauris, pp. Tauris, London and New York, p. The 'Jewish Agency', mentioned in article 4 of the Mandate only became the official term in At the time the organisation was called the Palestine Zionist Executive. The Constitution Suspended. Arab Boycott Of Elections. International Council of Jewish Women. Retrieved 20 November One Palestine, Complete. Metropolitan Books.

Sam Erman. Elizabeth Papp Kamali. Catherine L. James M. Linda Przybyszewski.

see url Home Contact us Help Free delivery worldwide. Free delivery worldwide. Bestselling Series. Harry Potter. Popular Features. New Releases. Law and Identity in Mandate Palestine. Description One of the major questions facing the world today is the role of law in shaping identity and in balancing tradition with modernity.

In an arid corner of the Mediterranean region in the first decades of the twentieth century, Mandate Palestine was confronting these very issues. Assaf Likhovski examines the legal history of Palestine, showing how law and identity interacted in a complex colonial society in which British rulers and Jewish and Arab subjects lived together. Law in Mandate Palestine was not merely an instrument of power or a method of solving individual disputes, says Likhovski.

It was also a way of answering the question, ""Who are we? Uncovering a rich arsenal of legal distinctions, notions, and doctrines used by lawyers to mediate between different identities, Likhovski provides a comprehensive account of the relationship between law and identity. His analysis suggests a new approach to both the legal history of Mandate Palestine and colonial societies in general.

Law and Identity in Mandate Palestine (Studies in Legal History) Law and Identity in Mandate Palestine (Studies in Legal History)
Law and Identity in Mandate Palestine (Studies in Legal History) Law and Identity in Mandate Palestine (Studies in Legal History)
Law and Identity in Mandate Palestine (Studies in Legal History) Law and Identity in Mandate Palestine (Studies in Legal History)
Law and Identity in Mandate Palestine (Studies in Legal History) Law and Identity in Mandate Palestine (Studies in Legal History)
Law and Identity in Mandate Palestine (Studies in Legal History) Law and Identity in Mandate Palestine (Studies in Legal History)
Law and Identity in Mandate Palestine (Studies in Legal History) Law and Identity in Mandate Palestine (Studies in Legal History)
Law and Identity in Mandate Palestine (Studies in Legal History) Law and Identity in Mandate Palestine (Studies in Legal History)
Law and Identity in Mandate Palestine (Studies in Legal History) Law and Identity in Mandate Palestine (Studies in Legal History)
Law and Identity in Mandate Palestine (Studies in Legal History) Law and Identity in Mandate Palestine (Studies in Legal History)

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