Monday, October 28, 2013

An email correspondent sent me part of a discussion from Mondoweiss that claimed that the US recognized Palestine as a state in 1932.

The assertion:
FYI, the US government formally recognized the Mandated State of Palestine in 1932. For example, the case of “Kletter v. Dulles, Secretary of State”, the United States District Court District Of Columbia ruled in 1953 that Mr. Kletter had lost his US citizenship when he was naturalized in the Mandated State of Palestine:

The contention of the plaintiff that Palestine, while under the League of Nations mandate, was not a foreign state within the meaning of the statute is wholly without merit. . . . Furthermore, it is not for the judiciary, but for the political branches of the Government to determine that Palestine at that time was a foreign state. This the Executive branch of the Government did in 1932 with respect to the operation of the most favored nations provision in treaties of commerce.
So I looked up the case.

It does indeed state that. However, the writer ignores that the case quotes an earlier case that defines the terms a bit better:
When the Congress speaks of a "foreign State," it means a country which is not the United States, or its possession or colony — an alien country — other than our own, bearing in mind that the average American, when he speaks of a "foreigner," means an alien, non-American. Uyeno v. Acheson, D.C., 96 F.Supp. 510.
Looking at Uyeno vs. Acheson, we see:
It is obvious that the words "foreign state" are not words of art. In using them, the Congress did not have in mind the fine distinctions as to sovereignty of occupied and unoccupied countries which authorities on international law may have formulated. They used the word in the sense of "otherness". When the Congress speaks of "foreign state", it means a country which is not the United States or its possession or colony, — an alien country, — other than our own, bearing in mind that the average American, when he speaks of a "foreigner" means an alien, non-American.
So the full context shows without any room for doubt that the US did not recognize British Mandate Palestine as a state, rather it was recognized as a foreign entity. The phrase"foreign state" was used for convenience, not as a legal ruling.

This is the quality of arguments of the anti-Israel crowd. Scratch a little and you see that they don't bother to read the very text they are quoting.

There is actually an entire book by John Quigley that tries to pretend that Palestine was a real state before 1948. Part of his argument is that Great Britain in 1932 gave Palestine (at the behest of Jewish leaders) "most favoured nation" status for purposes of easing tariffs so Jews in Palestine could export wine and fruit to England easier. The argument is that if Palestine was a "most favoured nation" then it must have been legally considered a nation by Great Britain.

This is of course absurd. The UK was looking for a legal fiction to allow easier exports from Palestine, it was not making a legal decision that Palestine was a state!

 Yet  Quigley further argues, bizarrely, that this supposed recognition of Palestine as a state in the 1930s carries over to today, as if there is a legal relationship between what was called Palestine at the time and a Palestinian state today, purposefully ignoring that Israel and only Israel took over the political institutions of Palestine.

However, the "most favoured nation" argument that Palestine was considered a nation by Great Britain can be demolished in an even easier way. Because Great Britain said explicitly that Palestine was not a state in a memo to the UN in early 1948!

In that memo, the United Kingdom says: "Palestine is today a legal entity but it is not a sovereign state."

It doesn't get more explicit than that.

Quigley, not surprisingly, doesn't mention this quote.




EoZTV Podcast

Podcast URL

Subscribe in podnovaSubscribe with FeedlyAdd to netvibes
addtomyyahoo4Subscribe with SubToMe

Support EoZ by shopping!

search eoz

comments

Speaking

follow me

Follow by Email

translate

Share on Whatsapp


E-Book

For $18 donation








Sample Text

EoZ's Most Popular Posts in recent years

Hasbys!

Elder of Ziyon - حـكـيـم صـهـيـون



This blog may be a labor of love for me, but it takes a lot of effort, time and money. For over 14 years and 30,000 articles I have been providing accurate, original news that would have remained unnoticed. I've written hundreds of scoops and sometimes my reporting ends up making a real difference. I appreciate any donations you can give to keep this blog going.

Donate!

Donate to fight for Israel!

Monthly subscription:
Payment options


One time donation:

subscribe via email

Follow EoZ on Twitter!

Tweets

Interesting Blogs

Categories

Abbas liar Academic fraud administrivia al-Qaeda algeria Alice Walker American Jews AmericanZionism Amnesty analysis anti-semitism antisemitism apartheid Arab antisemitism arab refugees Arafat archaeology Ari Fuld art ASHREI B'tselem bahrain Balfour bbc BDS BDSFail Bedouin Beitunia beoz Bernie Sanders Birthright book review Brant Rosen breaking the silence Campus antisemitism Cardozo cartoon of the day Chakindas Chanukah Christians circumcision Clark Kent coexistence Community Standards conspiracy theories Cyprus Daled Amos Daphne Anson David Applebaum Davis report DCI-P Divest This double standards Egypt Elder gets results ElderToons Electronic Intifada Embassy EoZ Trump symposium eoz-symposium EoZNews eoztv Erekat Erekat lung transplant EU Euro-Mid Observer European antisemitism Facebook jail Fake Civilians 2014 Fake Civilians 2019 Farrakhan Fatah featured Features fisking flotilla Forest Rain Forward free gaza freedom of press palestinian style future martyr Gary Spedding gaza Gaza Platform George Galloway George Soros German Jewry gideon levy gilad shalit gisha Goldstone Report Good news Grapel Guardian guest post gunness Haaretz Hadassah hamas Hamas war crimes Hananya Naftali hasbara Hasby 2014 Hasby 2016 Hasby 2018 hate speech Hebron helen thomas hezbollah history Hizballah Holocaust Holocaust denial honor killing HRW Human Rights Humanitarian crisis humor huor Hypocrisy ICRC IDF IfNotNow Ilan Pappe Ilhan Omar impossible peace incitement indigenous Indonesia international law interview intransigence iran Iraq Islamic Judeophobia Islamism Israel Loves America Israeli culture Israeli high-tech J Street jabalya jeremy bowen Jerusalem jewish fiction Jewish Voice for Peace jihad jimmy carter John Kerry jokes jonathan cook Jordan Joseph Massad Juan Cole Judaism Judea-Samaria Judean Rose Kairos Karl Vick Keith Ellison ken roth khalid amayreh Khaybar Know How to Answer Lebanon leftists Linda Sarsour Linkdump lumish mahmoud zahar Malaysia max blumenthal Mazen Adi McGraw-Hill media bias Methodist Michael Ross Miftah Missionaries moderate Islam Mohammed Assaf Mondoweiss moonbats Morocco Mudar Zahran music Muslim Brotherhood Naftali Bennett Nakba Nan Greer Nation of Islam Natural gas Nazi Netanyahu News nftp NGO NIF Noah Phillips norpac NYT Occupation offbeat Omar Barghouti Only in Israel Opinion oxfam PA corruption PalArab lies Palestine Papers pallywood pchr PCUSA Peace Now Peter Beinart Petra MB poetry Poland poll Poster Preoccupied Prisoners propaganda Proud to be Zionist Puar Purim purimshpiel Putin Qaradawi Qassam calendar Quora Rafah Ray Hanania real liberals reference Reuters Richard Falk Richard Silverstein Right of return Rivkah Lambert Adler Robert Werdine rogel alpher roger cohen roger waters Rutgers Saeb Erekat Sarah Schulman Saudi Arabia saudi vice self-death self-death palestinians settlements sex crimes SFSU shechita sheikh tamimi Shelly Yachimovich Shujaiyeh Simchat Torah Simona Sharoni SodaStream South Africa Speech stamps Superman Syria Tarabin Temple Mount Terrorism This is Zionism Thomas Friedman TOI Tomer Ilan Trump Tunisia Turkey UCI UK UN UNDP unesco unhrc UNICEF United Arab Emirates Unity unrwa UNRWA hate unrwa reports UNRWA-USA unwra Varda Vic Rosenthal Washington wikileaks work accident X-washing Y. Ben-David Yemen YMikarov zahran Ziesel zionist attack zoo Zionophobia Zvi

Blog Archive