Modern History Sourcebook:
League of Nations:
The Mandate for Palestine, July 24, 1922
The mandates for Mesopotamia, Syria and Palestine were assigned by the Supreme
Court of the League of Nations at its San Remo meeting in April 1920. Negotiations between
Great Britain and the United States with regard to the Palestine mandate were successfully
concluded in May 1922, and approved by the Council of the League of Nations in July 1922.
The mandates for Palestine and Syria came into force simultaneously on September 29, 1922.
In this document, the League of Nations recognized the "historical connection of the
Jewish people with Palestine" and the "grounds for reconstituting their national
home in that country."
The Council of the League of NationsWhereas the Principal Allied Powers have agreed, for the purpose of giving effect to
the provisions of Article 22 of the Covenant of the League of Nations, to entrust to a
Mandatory selected by the said Powers the administration of the territory of Palestine,
which formerly belonged to the Turkish Empire, within such boundaries as may be fixed by
them; andWhereas the Principal Allied Powers have also agreed that the Mandatory should be
responsible for putting into effect the declaration originally made on November 2nd, 1917,
by the Government of His Britannic Majesty, and adopted by the said Powers, in favour of
the establishment in Palestine of a national home for the Jewish people, it being clearly
understood that nothing should be done which might 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 ; andWhereas recognition has thereby been given to the historical connection of the Jewish
people with Palestine and to the grounds for reconstituting their national home in that
country; andWhereas the Principal Allied Powers have selected His Britannic Majesty as the
Mandatory for Palestine; andWhereas the mandate in respect of Palestine has been formulated in the following terms
and submitted to the Council of the League for approval; andWhereas His Britannic Majesty has accepted the mandate in respect of Palestine and
undertaken to exercise it on behalf of the League of Nations in conformity with the
following provisions; andWhereas by the afore-mentioned Article 22 (paragraph 8), it is provided that the degree
of authority, control or administration to be exercised by the Mandatory, not having been
previously agreed upon by the Members of the League, shall be explicitly defined by the
Council of the League of Nations;Confirming the said mandate, defines its terms as follows:Article 1.The Mandatory shall have full powers of legislation and of administration, save as they
may be limited by the terms of this mandate.Article 2.The Mandatory shall be responsible for placing the country under such political,
administrative and economic conditions as will secure the establishment of the Jewish
national home, as laid down in the preamble, and the development of self -governing
institutions, and also for safeguarding the civil and religious rights of all the
inhabitants of Palestine, irrespective of race and religion.Article 3.The Mandatory shall,so far as circumstances permit, encourage local autonomy.Article 4.An appropriate Jewish agency shall be recognised as a public body for the purpose of
advising and co-operating with the Administration of Palestine in such economic, social
and other matters as may affect the establishment of the Jewish national home and the
interests of the Jewish population in Palestine, and, subject always to the control of the
Administration, to assist and take part in the development of the country.The Zionist organisation, so long as its organisation and constitution are in the
opinion of the Mandatory appropriate, shall be recognised as such agency. It shall take
steps in consultation with His Britannic Majesty's Government to secure the cooperation of
all Jews who are willing to assist in the establishment of the Jewish national home.Article 5.The Mandatory shall be responsible for seeing that no Palestine territory shall be
ceded or leased to, or in any way placed under the control of, the Government of any
foreign Power.Article 6.The Administration of Palestine, while ensuring that the rights and position of other
sections of the population are not prejudiced, shall facilitate Jewish immigration under
suitable conditions and shall encourage, in co-operation with the Jewish agency. referred
to in Article 4, close settlement by Jews, on the land, including State lands and waste
lands not required for public purposes.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.Article 8.The privileges and immunities of foreigners, including the benefits of consular
jurisdiction and protection as formerly enjoyed by Capitulation or usage in the Ottoman
Empire, shall not be applicable in Palestine.Unless the Powers whose nationals enjoyed the afore-mentioned privileges and immunities
on August 1st, 1914, shall have previously renounced the right to their re-establishment,
or shall have agreed to their non-application for a specified period, these privileges and
immunities shall, at the expiration of the mandate, be immediately re-established in their
entirety or with such modifications as may have been agreed upon between the Powers
concerned.Article 9.The Mandatory shall be responsible for seeing that the judicial system established in
Palestine shall assure to foreigners, as wen as to natives, a complete guarantee of their
rights.Respect for the personal status of the various peoples and communities and for their
religious interests shall be fully guaranteed. In particular, the control and
administration of Wakfs shall be exercised in accordance with religious law and the
dispositions of the founders.Article 10.Pending the making of special extradition agreements relating to Palestine, the
extradition treaties in force between the Mandatory and other foreign Powers shall apply
to Palestine.Article 11.The Administration of Palestine shall take all necessary measures to safeguard the
interests of the community in connection with the development of the country, and, subject
to any international obligations accepted by the Mandatory, shall have full power to
provide for public ownership or control of any of the natural resources of the country or
of the public works, services and utilities established or to be established therein. It
shall introduce a land system appropriate to the needs of the country, having regard,
among other things, to the desirability of promoting the close settlement and intensive
cultivation of the land.The Administration may arrange with the Jewish agency mentioned in Article 4 to
construct or operate, upon fair and equitable terms, any public works, services and
utilities, and to develop any of the natural resources of the country, in so far as these
matters are not directly undertaken by the Administration. Any such arrangements shall
provide that no profits distributed by such agency, directly or indirectly, shall exceed a
reasonable rate of interest on the capital, and any further profits shall be utilised by
it for the benefit of the country in a manner approved by the Administration.Article 12.The Mandatory shall be entrusted with the control of the foreign relations of Palestine
and the right to issue exequaturs to consuls appointed by foreign Powers. He shall also be
entitled to afford diplomatic and consular protection to citizens of Palestine when
outside its territorial limits.Article 13.All responsibility in connection with the Holy Places and religious buildings or sites
in Palestine, including that of preserving existing rights and of securing free access to
the Holy Places, religious buildings and sites and the free exercise of worship, while
ensuring the requirements of public order and decorum, is assumed by the Mandatory, who
shall be responsible solely to the League of Nations. in all matters connected herewith,
provided that nothing in this article shall prevent the Mandatory from entering into such
arrangements as he may deem reasonable with the Administration for the purpose of carrying
the provisions of this article into effect; and provided also that nothing in this mandate
shall be construed as conferring upon the Mandatory authority to interfere with the fabric
or the management of purely Moslem sacred shrines, the immunities of which are guaranteed.Article 14.A special Commission shall be appointed by the Mandatory to study, define and determine
the rights and claims in connection with the Holy Places and the rights and claims
relating to the different religious communities in Palestine. The method of nomination,
the composition and the functions of this Commission shall be submitted to the Council of
the League for its approval, and the Commission shall not be appointed or enter upon its
functions without the approval of the Council.Article 15.The Mandatory shall see that complete freedom of conscience and the free exercise of
all forms of worship, subject only to the maintenance of public order and morals, are
ensured to all. No discrimination of any kind shall be made between the inhabitants of
Palestine on the ground of race, religion or language. No person shall be excluded from
Palestine on the sole ground of his religious belief.The right of each community to maintain its own schools for the education of its own
members in its own language, while conforming to such educational requirements of a
general nature as the Administration may impose, shall not be denied or impaired.Article 16.The Mandatory shall be responsible for exercising such supervision over religious or
eleemosynary bodies of all faiths in Palestine as may be required for the maintenance of
public order and good government. Subject to such supervision, no measures shall be taken
in Palestine to obstruct or interfere with the enterprise of such bodies or to
discriminate against any representative or member of them on the ground of his religion or
nationality.Article 17.The Administration of Palestine may organise on a voluntary basis the forces necessary
for the preservation of peace and order, and also for the defence of the country, subject,
however, to the supervision of the Mandatory, but shall not use them for purposes other
than those above specified save with the consent of the Mandatory, Except for such
purposes, no military, naval or air forces shall be raised or maintained by the
Administration of Palestine.Nothing in this article shall preclude the Administration of Palestine from
contributing to the cost of the maintenance of the forces of the Mandatory in Palestine.The Mandatory shall be entitled at all times to use the roads, railways and ports of
Palestine for the movement of armed f forces and the carriage of fuel and supplies. Article 18.The Mandatory shall see that there is no discrimination in Palestine against the
nationals of any State Member of the League of Nations (including companies incorporated
under its laws) as compared with those of the Mandatory or of any foreign State in matters
concerning taxation, commerce or navigation, the exercise of industries or professions, or
in the treatment of merchant vessels or civil aircraft. Similarly, there shall be no
discrimination in Palestine against goods originating in or destined for any of the said
States, and there shall be freedom of transit under equitable conditions across the
mandated area.Subject as aforesaid and to the other provisions of this mandate, the Administration of
Palestine may, on the advice of the Mandatory, impose such taxes and customs duties as it
may consider necessary, and take such steps as it may think best to promote the
development of the natural resources of the country and to safeguard the interests of the
population. It may also, on the advice of the Mandatory, conclude a special customs
agreement with any State the territory of which in 1914 was wholly included in Asiatic
Turkey or Arabia.Article 19.The Mandatory shall adhere on behalf of the Administration of Palestine to any general
international conventions already existing, or which may be concluded hereafter with the
approval of the League of Nations, respecting the slave traffic, the traffic in arms and
ammunition, or the traffic in drugs, or relating to commercial equality, freedom of
transit and navigation, aerial navigation and postal, telegraphic and wireless
communication or literary, artistic or industrial property.Article 20.The Mandatory shall co-operate on behalf of the Administration of Palestine, so far as
religious, social and other conditions may permit, in the execution of any common policy
adopted by the League of Nations for preventing and combating disease, including diseases
of plants and animals.Article 21.The Mandatory shall secure the enactment within twelve months from this date, and shall
ensure the execution of a Law of Antiquities based on the following rules. This law shall
ensure equality of treatment in the matter of excavations and archaeological research to
the nations of all States Members of the League of Nations.(1) 'Antiquity' means any construction or any product of human activity earlier than
the year A.D. 1700.(2) The law for the protection of antiquities shall proceed by encouragement rather
than by threat.Any person who, having discovered an antiquity without being furnished with the
authorisation referred to in paragraph 5, reports the same to an official of the competent
Department, shall be rewarded according to the value of the discovery.(3) No antiquity may be disposed of except to the competent Department, unless this
Department renounces the acquisition of any such antiquity.No antiquity may leave the country without an export licence from the said Department.(4) Any person who maliciously or negligently destroys or damages an antiquity shall be
liable to a penalty to be fixed.(5) No clearing of ground or digging with the object of findingantiquities shall be permitted, under penalty of fine, except to persons authorised by
the competent Department.(6) Equitable terms shall be fixed for expropriation, temporary or permanent, of lands
which might be of historical or archaeological interest.(7) Authorisation to excavate shall only be granted to persons who show sufficient
guarantees of archaeological experience. The Administration of Palestine shall not, in
granting these authorisations, act in such a way as to exclude scholars of any nation
without good grounds.(8) The proceeds of excavations may be divided between the excavator and the competent
Department in a proportion fixed by that Department. If division seems impossible for
scientific reasons, the excavator shall receive a fair indemnity in lieu of a part of the
find.Article 22.English, Arabic and Hebrew shall be the official languages of Palestine. Any statement
or inscription in Arabic on stamps or money in Palestine shall be repeated in Hebrew, and
any statement or inscription in Hebrew shall be repeated in Arabic.Article 23.The Administration of Palestine shall recognise the holy days of the respective
communities in Palestine as legal days of rest for the members of such communities.Article 24.The Mandatory shall make to the Council of the League of Nations an annual report to
the satisfaction of the Council as to the measures taken during the year to carry out the
provisions of the mandate. Copies of all laws and regulations promulgated or issued during
the year shall be communicated with the report.Article 25.In the territories lying between the Jordan and the eastern boundary of Palestine as
ultimately determined, the Mandatory shall be entitled, with the consent of the Council of
the League of Nations, to postpone or withhold application of such provisions of this
mandate as he may consider inapplicable to the existing local conditions, and to make such
provision for the administration of the territories as he may consider suitable to those
conditions, provided that no action shall be taken which is inconsistent with the
provisions of Articles 15, 16 and 18.Article 26.The Mandatory agrees that, if any dispute whatever should arise between the Mandatory
and another Member of the League of Nations relating to the interpretation or the
application of the provisions of the mandate, such dispute, if it cannot be settled by
negotiation, shall be submitted to the Permanent Court of International Justice provided
for by Article 14 of the Covenant of the League of Nations.Article 27.The consent of the Council of the League of Nations is required for any modification of
the terms of this mandate.Article 28.In the event of the termination of the mandate hereby conferred upon the Mandatory, the
Council of the League of Nations shall make such arrangements as may be deemed necessary
for safeguarding in perpetuity, under guarantee of the League, the rights secured by
Articles 13 and 14, and shall use its influence for securing, under the guarantee of the
League, that the Government of Palestine will fully honour the financial obligations
legitimately incurred by the Administration of Palestine during the period of the mandate,
including the rights of public servants ,to pensions or gratuities.The present instrument shall be deposited in original in the archives of the League of
Nations and certified copies shall be forwarded by the Secretary-General of the League of
Nations to all Members of the League.Done at London the twenty-fourth day of July, one thousand nine hundred and
twenty-two.
Source:
From Israeli Government Website.
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