THE JEWISH HOME LAND CLAIM PALESTINE
THE GREAT BRITISH BETRAYAL OF THE JEWS
APPENDIX VI
THE HOME LAND
CLAIM
Statement made by
M. Van Rees, Vice-Chairman of the Permanent Mandates Commission, in Geneva , June 5, 1930
M. VAN REES
thought it useless to draw conclusions from this, since they were obvious.
M. Van Rees,
continuing, wished to examine the complaints of the Jews. No chapter of the Commission
of Enquiry's report was devoted to the legal side of the position of the Jews
in Palestine .
Only a passing
reference was made to that situation, and there was no effort to explain the grounds
on which the Jews inhabited Palestine nor up to what point are their demands
must be regarded as legitimate.
Since any serious
examination of the rights of the Jews to live and carry on their activity in Palestine
was not to be found in the report, it was difficult not to draw the conclusion
that this point of capital importance had not received in the report the
attention which it deserved.
:4:
22I (222 THE GREAT BETRAYAL)
The Commission did
not state that the Balfour Declaration was the basis of the presence of the
Jews in Palestine and of their activities.
The Commission of
Enquiry did not explain its views on the close connection between that
Declaration and certain provisions in the Palestine mandate. It had confined itself to quoting
them, but had refrained from giving any interpretation.
It had ended by
recommending the British Government to explain more explicitly than had been
the case in 1922 its policy with regard to the Jews. The most striking fact was
that, although the report referred in many places to the official statements
contained in the White Paper of June, 1922, the Commission seemed to have attached
no importance to the basis of those statements which it did not even quote. Yet
that basis was that "the Jewish people will be in Palestine as of right and not on sufferance"
(see White Paper, page 30) .
Nevertheless, it
was this statement of Mr. Churchill's which, by explaining the legal
reasons for the re-establishment of the Jews in the country, furnished the key
to that which was not clear in the report of the Commission.
The Balfour Declaration of November 2nd, 1917 , as recorded in the Preamble and
developed (APPENDIX VI 223) in
Articles 2, 4, 6, 7 and i i of the Palestine Mandate, had a very
definite meaning.
It was not, as
several persons had seen fit to interpret it, a mere gracious gesture, a mere
public manifestation of indulgent pity toward the Jewish people.
It would be
altogether too naïve to believe that this had been the only feeling inspiring Great Britain in her Declaration of November 2rid,
11917. It would be also equally naïve to believe that that declaration had
been approved by all the Great Powers merely in order to please Great Britain or in order to show their sympathy for the
Jews.
Interpreted in its
own words and with the aid of the text of the mandate based upon it, the Balfour
Declaration would be seen to be an act based on purely political considerations
and designed to secure an eminently practical object.
That object had
certainly not been the oppression of a people established in the country by another
people, as the adversaries of the Declaration wished it to be believed, despite
the reservations contained in the Declaration.
On the contrary,
its object was the resurrection of the people established in Palestine . Its object was to arouse them from their
centuries-old lethargy and to secure the social and economic development of the
country, not by the efforts of the Administration alone, but by the active
co-operation of a more energetic and more highly developed people.
In short, the real
object of the Balfour Declaration had been the establishment, by the
co-activity of the Government and of the Jewish people, of a social and
economic order corresponding to the principles and requirements of European
civilization, while at the same time respecting the rights and interests of the
existing inhabitants.
It had been that
reason, which, disregarding the other considerations relating to the primary interests
of the Empire, had induced the Government to agree, in order to fulfill the
mission which it had felt sure would be given to it at the end of the war, to
allow the Jewish people to participate, not in the powers of administration of
Palestine, but in the practical execution of that mission.
This conception
appeared to be fully justified by the facts. It explained the reason why Mr. Churchill,
as M. Van Rees had already pointed out, had been able to state that the Jewish
people would be in Palestine "as of right"; or in other words, that
that people would not enter the country as foreigners, but would belong to the Palestinian
nation to be subsequently recreated.
It would further
explain why Article 4 of the Mandate (APPENDIX VI 225) date officially recognized
the Jewish organization as the organization representing the Jewish people and
chosen to co-operate with the Government.
It further
explained why Articles 6 and 7 referred to the special privileges enjoyed
by
Jews in respect of
immigration, the acquisition of Palestinian nationality and their establishment
on empty land, subject to reservations regarding the rights and interests of
other persons.
Finally, it
explained why Article i i, of which the meaning was just as significant,
expressly enjoined the participation of the Jews in the execution or
exploitation of public works and services as well as in the development of the
natural resources of the country.
All these
provisions were closely interconnected.
They formed a
single whole and clearly expressed the fundamental idea that to the work of civilization
to be carried out in Palestine the Jewish element would contribute its moral and above all
its material support, not in virtue of holding any kind of concession of an
economic nature, but in virtue of its right to collaborate with the
Administration. In this the Jewish activity formed an integral part of the economic
evolution of Palestine , of which the mandate had been entrusted to the Mandatory
Power and 'which was the primary condition of the political development of the
country.
M. Van Rees
thought it regrettable that this point had not been seriously considered by the
Commission of Enquiry. It was even more regrettable that the special situation
granted by the mandate to the Jewish element in Palestine appeared to have escaped the notice of the
Administration itself to such a degree that the three statesmen whose names
were specially connected with the Declaration of November
2nd, 1917-
Lord Balfour, Mr.
Lloyd George and Mr. Smuts -had been led to state publicly that causes "which
are still obscure have impeded the task of administration and consequently the
full carrying out of the policy" (letter published by
The Times, December 20th, 1929 ) .
It must be recognized
that this was the, main substance of the Jewish complaints.
All the
information which the Commission possessed regarding the manner in which the
Mandate had been applied showed that the three statesmen whom he had just
quoted had not been mistaken.
On the contrary,
the fact was that, generally speaking, the clauses of the Mandate concerning the
Jews had not, in practice, received that application which their authors might
have expected; not, in the first place, owing to the voluntary (APPENDIX VI 227)
opposition of the Administration, but in consequence, M. Van Rees thought, at
any rate in part, of the misunderstanding of the special situation which the international
obligations assumed by Great Britain had granted to Jewish people in Palestine.
At this stage, M.
Van Rees would enquire whether the British Government substantially adopted the
statement of the Shaw Commission to the effect that no premeditation and no organized
revolt had occurred, for this point was not clearly stated in the British
Government's memorandum.
Dr. Drummond
Shiels replied in the affirmative.
The views of the
British Government on this point were contained in that document .
M. Van Rees said
that in that case he wished to explain his views on that part of the
conclusions of the Commission of Enquiry.
As far as the
question of premeditation was concerned, the Commission of Enquiry justified its
conclusions by observing (paragraph 2 of its conclusions,
page z58) that the disorders had not occurred simultaneously in all
parts of Palestine .
'What did this
argument mean? Was it necessary that a rebellion should simultaneously spread
to all the parts of a territory before it could be concluded
that it was premeditated?
The second
argument on which the Commission based its views did not appear more
conclusive.
The day before the
outbreak of the disorder (see the report page 8o), the
representatives of Jews and Arabs had met in conference to discuss the
interests of Palestine .
The exchange of
views had taken place "in a friendly spirit." This was a fact to
which the Commission appeared to attach great importance, and it was all the
more surprising in that everyone knew that Orientals, and among them the Arabs,
in particular, were some of the best diplomatists in the world, and that they
were very careful not to show their real thoughts by adopting a revealing
attitude .
He felt it
difficult, therefore, to understand why the Commission of Enquiry had concluded
that there had been no premeditation and no organization in preparing for the
disturbances, despite a number of its observations to which he thought it
useful to draw attention.
"That the
first of these motives is proved there can be no question; neither the Arab
Executive nor the
Mufti has at any time endeavored to conceal the fact that the policy which,
since 1918, successive Governments of His Majesty have followed in Palestine is regarded (APPENDIX VI 229) by them as
being detrimental to the interests of those whom they represent. Their opposition
to that policy has been unwavering.
The Arab
Executive, from its institution, has opposed the policy and declined to accept the
White Paper of 1922 (Cmd. 1700); there is no evidence that
it has ever departed from the attitude which it then adopted. The Mufti, as a
private person before his election to his present office, gave such expression
to his feeling in the matter of policy in Palestine that he was implicated in the disturbances
of
1920."
(Page 71)
"The movement
which he in part created became, through the force of circumstances,
a not unimportant
factor in the events which led to the outbreak of August last, and to that extent
he, like many others who directly or indirectly played upon public feeling in Palestine , must accept a share in the responsibility
for the disturbances." (Page 75)
"That in many
districts there was incitement and that in some cases those who incited were
members of the Muslim hierarchy are facts which have been established to the
satisfaction of Courts in Palestine; equally, it cannot be questioned that
agitators were touring the country in the third week of August last and were
summoning the people of certain districts to Jerusalem." (Page 75)
"Opposition
to the Balfour Declaration is an important element in the policy of the
Palestine Arab
Executive and, as we have already stated, it is our opinion that their feelings
on this political issue might have provided a sufficient motive to have caused
them to incite or to organize disturbance." (Page 78)
"We also
accept the evidence that there was a marked increase in Arab activity after
August 5th, and as we have already stated, it cannot be doubted that, during
the third week of August, agitators were touring the country." (Page 79)
"His (Sulehi
Bey al Khadra, member of the Arab Executive) general demeanor before us was
such that we believe that he would welcome any opportunity of furthering what
he regards as the just cause of Arab nationalism in Palestine." (Page 8o)
M. Van Rees
wondered how the conclusions that there had been neither premeditation nor organization
could be reconciled with the reservations and statements made by the Commission
on pages 15 8, 159 and 164 in paragraphs 6, 11,
12, 1 3 and
45 (c).
APPENDIX VI 231
In its constant
preoccupation only to accept legal and formal proofs, the Commission had reached
a negative conclusion as soon as these legal principles appeared to it to be
inconclusive.
It seemed to have
ignored the fact that, in an Eastern country where feudal conditions of life
still existed, effective proof against the traditional religious and other
leaders of the people would very rarely be found. The Commission appeared not
to have realized that, in those circumstances, a passive attitude on the part
of the leaders was generally as significant in the case of a population worked
up by agitation and excited
by an appeal to
their religious feelings as active participation in the subsequent rising .
In his reference
to the Commission of Enquiry, M. Van Rees had spoken only of the majority.
The minority
consisted of a single member, Mr. Snell. In his report, that gentleman had adopted
a far more logical attitude than that adopted by the majority. On
page 172 he said that the causes of the disturbances of August "were
due to fears and antipathies which, I am convinced, the Muslim and Arab leaders
awakened and fostered for political needs." With reference to the Mufti,
Mr. Snell said on the same
page:
"I have not
the least doubt that he was aware of the nature of that campaign and
that he realized
the danger of disturbances which is never absent when religious propaganda of
an exciting character is spread among a Moslem people. I therefore attribute to
the Mufti a greater share in the responsibility for the disturbance than is
attributed to him in the report. I am of opinion that the Mufti must bear the
blame for his failure to make any effort to control the character of an
agitation conducted in the name of a religion of which, in Palestine , he was the head."
Mr. Snell went on
to state:
"If the
campaign of political agitation had for its objective the removal of grievances
and the securing of safeguards for the future, the methods of propaganda
adopted by the Arab leaders were, in my opinion, ill-chosen and futile; if, on
the other hand, the campaign was designed to arouse Arab and Muslim passion, those
who participated in it, knowing full well the results of like agitation in the past,
cannot have been unaware of the possibility that serious disturbance would
follow.
Though I agree,
that the Arab Executive is not of necessity responsible as a body for the (APPENDIX
VI 233) words or acts of its followers or even its individual members, I find
it difficult to believe that the actions of individual members of the
Executive were
unknown to that body, or indeed, that those individuals were acting in a purely
personal capacity."
Mr. Snell next
pointed out: (page 173)
"Finally, in
regard to the campaign of incitement, I am unable to agree that the conclusions
in the report acquitting the Muslim Religious authorities of all but the
slightest blame for the innovations introduced in the neighborhood of the
Wailing Wall . . . . It is my view that many innovations which followed thereafter,
such as the construction of the zawiyah, the calling to prayer by the muezzin
and the opening of the new doorway, were dictated less by the needs of the Moslem
religion and the rights of property than by the studied desire to provoke and wound
the religious susceptibilities of the Jewish people."
Mr. Snell finally
repeated, on page 18o, that the feeling of hostility and animosity on
the part of the Arabs towards the Jews " . . . . was rather the result of
a campaign
of propaganda and
incitement than the natural consequence of economic factors ."
After a close
study of all the elements of the problem to which M. Van Rees had devoted
considerable time, he had not the least doubt that the responsibility for what
had happened must lie with the religious and political leaders of the Arabs.
This profound conviction had caused M. Van Rees to associate himself entirely
with the remarkably well expressed account of the matter that had appeared in
an article written by M. William Martin, published in the Nouvelle Revue Juive
for the month of April, 1930 (page 22).
The only result of
that proclamation on the Arabs had been that they had maintained that the Jews
were alone responsible for the sanguinary disorders, as could be seen from
page 68 of the report of the Commission of Enquiry. In making such an
inconceivably foolish statement, they did not realize that they were showing
exactly the same mentality as that displayed in British India at the present time. Since Gandhi had
openly declared civil disobedience, disorders had occurred which he pretended
not to have desired but which must inevitably have occurred.
Nevertheless, it
was still true that, in the eyes of his partisans and in his own eyes, the
British (APPENDIX VI 235)
Government must be
held responsible for the victims of the madness which he had let loose.
It was true, that
in British India there were no Jews to whom the
responsibility for what had happened could be attributed.
It was very
difficult to believe that, in spite of its own doubts, to which M. Van Rees had
just referred and despite the delicate manner in which those doubts had been
expressed, the Commission had been able to conclude that there had been no
premeditation or organization of the disturbances on the part of the Arab
leaders. It was even more surprising that the Commission should have extended
this conclusion to cover the Head of the Supreme Muslim Council, the Grand
Mufti Haj Amin El Husseini, referred to in several quarters as one of the
principal organizers of these disturbances.
On
page 71 of its report, the Commission stated that the Mufti had been
implicated in the troubles which had occurred in the month of April i 920. The
accused had been condemned in his absence by the Military Court to a very severe term of imprisonment.
The Commission
also quoted a letter dated August 22nd, 1929 , on page 75 of its report
inciting the Arabs in unequivocable terms to take part in the attacks on the
Jews which were to begin on the following day. The Commission observed in this
connection (page 76) that this incitement to attack the Jews had been wrongly attributed
to the Mufti. It had confined itself, however, to that declaration and had
refrained from stating whether the origin of the letter quoted had been made
the object of serious enquiry.
On the other hand,
the Commission noted on page 77 that the Mufti had not scrupled to bear false
witness. The Commission, however, had drawn no conclusion from this.
Account should
also be taken to two facts which M. Van Fees thought particularly significant.
According to a
secret letter from the Chief of Police at Jerusalem dated August 23rd, 1929 , a facsimile of which had been forwarded
to the Permanent Mandates Commission, a black list had been drawn up as a
result of a conference of police officials held on July 2nd that was to say, a
little before the outbreak of the disturbance.
The first name on
that list was that of Haj Amin El Husseini, the Grand Mufti.
In the British
Parliament, the attention of the Government had been drawn to the fact that the
Mufti had, on April 17th, 1930 sent a letter to his colleague Sheikh
Mustapha Ghalaini, President (APPENDIX VI 237) of the Moslem Council at Beirut , urging him to incite the Arabs in Syria to rebel against the French authorities.
M. Van Rees
considered that these facts, taken in conjunction with his previous statements,
were not without importance for anyone who wished to arrive at the unvarnished
truth
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