Culture

Open Letter to Theresa May: On 100th anniversary of Balfour Declaration recognize an independent Palestinian state

March, 2017

The Honorable Theresa May,
Prime Minister of the United Kingdom:

I am a Palestinian who was born in Jerusalem in 1946 during the British Mandate over Palestine. During the first Arab-Israeli war in May 1948 I was two years old. My father, a civilian, was shot and killed in crossfire between the Zionist Haganah militias and the Jordanian army, leaving my mother to care for seven children. The oldest of my siblings was eleven and the youngest six months old. Soon after the death of my father, our neighborhood was taken over by the Israelis and we fled, becoming refugees. As I grew up, I began to ask questions about why my father was killed, what caused the Israel/Palestine conflict and what triggered all the suffering of millions of Palestinians and Jews in the last 100 years.

In time, I learned about the Balfour Declaration and the British Mandate over Palestine. I discovered that in 1917, the British Foreign Secretary sent a letter, later called the Balfour Declaration, to Lord Rothschild and Zionist leaders, promising to support the creation of a homeland for the Jews in Palestine. After WWI, against the objections of my people, the British government colonized Palestine and made it possible for the Zionist movement to take over our homeland.

Your Honor, there is no way that your country can undo the tragic history of the last 100 years. All the wealth of Great Britain can’t compensate me and my fellow compatriots for the death, injury, loss of land and enormous suffering that came upon us and continue to bring pain to us due to the Balfour Declaration and other oppressive policies of your predecessors. I look back to the past only to remind you of the grave injustices that my people and I have endured, due partly to the United Kingdom’s past policies. I seek no apologies and no compensations. And as a Palestinian Christian, I offer you and the British people total pardon.

As I look to the future, I believe that your government can help to end to the Israel/Palestine conflict and bury the memory of the Balfour Declaration, and I call on you to have the courage and determination to do so.

Britain was among the first in creating this tragic conflict but shouldn’t be the last in taking positive steps to resolve it.

This year, which marks the 100th anniversary of the Balfour Declaration, your government can help Israelis and Palestinians begin to find the path to a just and genuine reconciliation.

Let 2017 be the year that Britain conducts its policy for Israel and Palestine independently of the influence and dictates of the United States.  

A first step would be for Britain to recognize an independent Palestinian State in the West Bank and in the Gaza Strip. Once your government takes this courageous act, many reluctant European countries would be encouraged to follow suit. Already 138 countries including the Holy See recognize Palestinian statehood.

Your contribution to ending the Israel/Palestine conflict would not only save Israeli and Palestinian lives but could also usher in an era of peace and help to end bloody conflicts and acts of violence elsewhere in the Middle East and throughout the world.

Prime Minister, let Great Britain lead the way to peace under your brave and wise guidance.

Sincerely,

Rev. Dr. Alex Awad

Author, pastor, and retired missionary of the United Methodist Church

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I don’t think England’s PM will get this letter.

Letters like this may well help to change the mind of the British Government. Parliament has already voted to recognize Palestine, but in a non-binding resolution. There is a British organization called the Balfour Project which aims to bring justice to the Palestinians. A number of MPs and other influential people are members. They are holding a big meeting in November, and it would be great if that meeting could generate momentum towards recognition. They are more an educational than campaigning group, but I will try to persuade them that the centenary would be a good time to get serious and push for a real step forward towards a solution of the conflict.

To quote Reverend, Dr. Alex Awad:

“I discovered that in 1917, the British Foreign Secretary sent a letter, later called the Balfour Declaration, to Lord Rothschild and Zionist leaders, promising to support the creation of a homeland for the Jews in Palestine.”

In fact, the Balfour Declaration did not promise “to support the creation of a homeland for the Jews in Palestine.” It viewed “with favour the establishment in Palestine of a national home for the Jewish peoples and will use their best endeavors to facilitate the achievement of this objective….”

A “national home” is neither a “homeland’ nor a state.

When the Balfour Declaration was issued, Palestine was still a province of the Ottoman Empire. Hence, by promising to “facilitate” the creation of a “national home for the Jewish peoples” in Palestine, The Balfour Declaration violated the well established legal maxim, “Nemo dat quod non habet” (nobody can give what he does not possess.)

In discussing the legal basis for the creation of Israel, the highly respected American lawyer and diplomat Sol Linowitz wrote: “…the [Balfour] Declaration was legally impotent. For Great Britain had no sovereign rights over Palestine; it had no proprietary interest; it had no authority to dispose of the land. The Declaration was merely a statement of British intentions and no more.” (Sol M. Linowitz, “Analysis of a Tinderbox: The Legal Basis for the State of Israel.” American Bar Association Journal XLlll l957, pp.522-3)

Even Chaim Weizmann knew the Declaration had no legal status: “The Balfour Declaration of 1917 was built on air.” (Quoted by Mallison, “The Balfour Declaration,” in The transformation of Palestine: essays on the Origin and Development of the Arab-Israeli Conflict, ed. by Abu-Lughold; Northwestern University Press, 1971 p. 85)

It should also be noted that although the Allies managed to have the Balfour Declaration mentioned after World War 1 in the aborted Treaty of Sevres, there is no mention of it in the final treaty that was signed with the Turks at Lausanne on July 24, 1923. This is important in international law because Turkey did not agree to the idea of a “Jewish national home” in Palestine when it surrendered sovereignty to Britain.

By incorporating the Balfour Declaration the 1922 League of Nations British Class A mandate for Palestine did facilitate Jewish immigration to “secure the establishment of the Jewish National Home,” but it did not call for the creation of a sovereign Jewish state or homeland in Palestine or any form of partition. This was made very clear in the Churchill Memorandum (1 July 1922) regarding the British Mandate: “[T]he status of all citizens of Palestine in the eyes of the law shall be Palestinian, and it has never been intended that they, or any section of them, should possess any other juridical status.”

Furthermore, regarding the British Mandate, as approved by the Council of the League of Nations, the British government declared: “His Majesty’s Government therefore now declare unequivocally that it is not part of their policy that Palestine should become a Jewish State.” (Command Paper, 1922)

To make it absolutely clear, in May 1939, the British government issued the MacDonald White Paper, which in accordance with the Mandate, ruled out any possibility of a Jewish state, and declared Great Britain “could not have intended Palestine should be converted into a Jewish state against the will of the Arab population of the country.” It called for a Palestinian state in which Jews and Arabs would govern jointly based on a constitution to be drafted by their representatives and those of Britain. The constitution would safeguard the “Jewish National Home” in Palestine and if good relations developed between Jews and Arabs, the country would be granted independence in ten years. Land sales to Jews were to be restricted and the annual level of Jewish immigration was to be limited to 15,000 for five years, following which, Palestinian Arab acquiescence would be required.

Hence, consistent with the terms of its Class A Mandate and the MacDonald White Paper, Britain abstained on the UNGA vote regarding the recommendatory only Nov. 29/47 Partition Plan.

Mysterioso: thank you for that excellent summary.

One quibble: you should not use capital letters when referring to the partition plan. The proper name of the plan was Plan of Partition with Economic Union. The Economic Board was in fact the sovereign body controlling all aspects of economic life in the Jewish and Arab states and Jerusalem. Its decisions were binding. There were three members from the Arab state, three from the Jewish State, and three appointed by the UN, so that foreigners had the casting vote. The terms of the Union could not be changed without the agreement of the UN General Assembly. The Arab and Jewish states were therefore not to be independent sovereign states: the arrangement is best described as a confederation of two states under UN Trusteeship. For more details see my my Mondoweiss article “Understanding the Partition Plan”.

It is also worth pointing out that the Zionists accepted the idea of a bi-national state, stating in the 1921 Carlsbad Resolution of the World Zionist Organization that “We do thereby reaffirm our desire to attain a durable understanding which shall enable the Arab and Jewish peoples to live together in Palestine on terms of mutual respect and co-operate in making the common home into a flourishing community, the upbuilding of which will assure to each of these peoples an undisturbed national development… The Jews on the one hand and the Arabs on the other are to be regarded as living side side on a footing of perfect equality in all matters, including the official use and recognition of their respective languages.