The Statehood of Palestine: A State Detached

What was lacking in the summer of 1920 before the mandate system could actually be implemented was a peace treaty with Turkey. Although it had been driven out of its territories, Turkey had yet to give them up in a formal sense. In August 1920, the Allies signed with Turkey what they hoped would be a peace treaty, a document by which Turkey relinquished its territories outside Turkey itself. The Treaty of Sevres of August 10, 1920 tracked Covenant Article 22 and the San Remo decisions on the future status of these territories. France was to be a mandatory in Syria, Britain in Palestine and Mesopotamia. The treaty included a section headed “Syria, Mesopotamia, Palestine,” which read, in part: Article 94. The High Contracting Parties agree that Syria and Mesopotamia shall, in accordance with the fourth paragraph of Article 22, Part I (Covenant of the League of Nations), be provisionally recognised as independent States subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone. A Commission shall be constituted within fifteen days from the coming into force of the present Treaty to trace on the spot the frontier line described in Article 27, II (2) and (3). This Commission will be composed of three members nominated by France, Great Britain and Italy respectively, and one member nominated by Turkey; it will be assisted by a representative of Syria for the Syrian frontier, and by a representative of Mesopotamia for the Mesopotamian frontier. The determination of the other frontiers of the said States, and the selection of the Mandatories, will be made by the Principal Allied Powers. Article 95. The High Contracting Parties agree to entrust, by application of the provisions of Article 22, the administration of Palestine, within such boundaries as may be determined by the Principal Allied Powers, to a Mandatory to be selected by the said Powers. The Mandatory will be responsible for putting into effect the declaration originally made on November 2, 1917, by the British Government, and adopted by the other Allied Powers, in favour of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing shall be done which may 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. The Mandatory undertakes to appoint as soon as possible a special Commission to study and regulate all questions and claims relating to the different religious communities. In the composition of this Commission the religious interests concerned will be taken into account. The Chairman of the Commission will be appointed by the Council of the League of Nations. Article 96. The terms of the mandates in respect of the above territories will be formulated by the Principal Allied Powers and submitted to the Council of the League of Nations for approval. Thus, by Article 94, reference is made to the fact that Syria and Mesopotamia, under Covenant Article 22(4), were provisionally being recognized as independent states. Where Covenant Article 22(4) reads that “communities” are being provisionally recognized, Article 94 substitutes the names of the states (Syria and Mesopotamia). Where Covenant Article 22(4) reads “independent nations,” Article 94 substitutes “independent states.” This wording indicated that the Allies understood Covenant Article 22(4) to say that the Class A mandate territories, as opposed to their peoples, were being provisionally recognized, and that they were being provisionally recognized as independent states.