THE UNITED NATIONS PARTITION PLAN FOR PALESTINE Wikipedia
The United Nations Partition Plan for Palestine was a proposal by the United Nations, which recommended a partition of Mandatory Palestine at the end of the British Mandate. On 29 November 1947, the U.N. General Assembly adopted the Plan as Resolution 181
The resolution recommended the creation of independent Arab and Jewish States and a Special International Regime for the city of Jerusalem. The Partition Plan, a four-part document attached to the resolution, provided for the termination of the Mandate, the progressive withdrawal of British armed forces and the delineation of boundaries between the two States and Jerusalem. Part I of the Plan stipulated that the Mandate would be terminated as soon as possible and the United Kingdom would withdraw no later than 1 August 1948. The new states would come into existence two months after the withdrawal, but no later than 1 October 1948. The Plan sought to address the conflicting objectives and claims of two competing movements, Palestinian nationalism and Jewish nationalism, or Zionism. The Plan also called for Economic Union between the proposed states, and for the protection of religious and minority rights.
The Plan was accepted by the Jewish Agency for Palestine, despite its perceived limitations. Arab leaders and governments rejected it and indicated an unwillingness to accept any form of territorial division, arguing that it violated the principles of national self-determination in the UN charter which granted people the right to decide their own destiny.
Immediately after adoption of the Resolution by the General Assembly, a civil war broke out and the plan was not implemented.
United Nations Resolution 181, resolution passed by the United Nations (UN) General Assembly in 1947 that called for the partition of Palestine into Arab and Jewish states, with the city of Jerusalem as a corpus separatum (Latin: “separate entity”) to be governed by a special international regime. The resolution—which was considered by the Jewish community in Palestine to be a legal basis for the establishment of Israel, and which was rejected by the Arab community—was succeeded almost immediately by violence.
Palestine had been governed by Great Britain since 1922. Since that time, Jewish immigration to the region had increased, and tensions between Arabs and Jews had grown. In April 1947, exhausted by World War II and increasingly intent upon withdrawing from the Middle East region, Britain referred the issue of Palestine to the UN. To investigate a suitable course of action, the UN formed the UN Special Committee on Palestine (UNSCOP), an inquiry committee made up of members from 11 countries. Ultimately, UNSCOP delivered two proposals: that of the majority, which recommended two separate states joined economically, and that of the minority, which supported the formation of a single binational state made up of autonomous Jewish and Palestinian areas. The Jewish community approved of the first of these proposals, while the Arabs opposed them both and instead suggested a single secular democratic state in Palestine with citizens receiving equal rights. A counterproposal—including a provision that only those Jews who had arrived before the Balfour Declaration (and their descendents) would be citizens of the state—did not win Jewish favour.
The proposal to partition Palestine, based on a modified version of the UNSCOP majority report, was put to a General Assembly vote on Nov. 29, 1947. The fate of the proposal was initially uncertain, but after a period of intense lobbying by pro-Jewish groups and individuals, the resolution was passed with 33 votes in favour, 13 against, and 10 abstentions.
UN RESOLUTION 181 – THE (PALESTINE) PARTITION PLAN
In 1947 the British put the future of western Palestine into the hands of the United Nations, the successor organization to the League of Nations which had established the “Mandate for Palestine.” A UN Commission recommended partitioning what was left of the original Mandate – western Palestine – into two new states, one Jewish and one Arab. Jerusalem and its surrounding villages were to be temporarily classified as an international zone belonging to neither polity.
What resulted was Resolution 181 [known also as the 1947 Partition Plan], a nonbinding recommendation to partition Palestine, whose implementation hinged on acceptance by both parties – Arabs and Jews. The resolution was adopted on November 29, 1947 in the General Assembly by a vote of 33-12, with 10 abstentions. Among the supporters were the United States and the Soviet Union, as well as other nations including France and Australia. The Arab nations, including Egypt, Syria, Iraq, and Saudi Arabia denounced the plan on the General Assembly floor and voted as a bloc against Resolution 181 promising to defy its implementation by force.
The resolution recognized the need for immediate Jewish statehood [and a parallel Arab state], but the blueprint for peace became a moot issue when the Arabs refused to accept it. Subsequently, realities on the ground in the wake of Arab aggression [and Israel’s survival] became the basis for UN efforts to bring peace.
Aware of Arab’s past aggression, Resolution 181, in paragraph C, calls on the Security Council to:
“Determine as a threat to the peace, breach of the peace or act of aggression, in accordance with Article 39 of the Charter, any attempt to alter by force the settlement envisaged by this resolution.” [Italics by author]
The ones who sought to alter the settlement envisioned in Resolution 181 by force, were the Arabs who threatened bloodshed if the United Nations was to adopt the Resolution:
“The [British] Government of Palestine fear that strife in Palestine will be greatly intensified when the Mandate is terminated, and that the international status of the United Nations Commission will mean little or nothing to the Arabs in Palestine, to whom the killing of Jews now transcends all other considerations. Thus, the Commission will be faced with the problem of how to avert certain bloodshed on a very much wider scale than prevails at present. … The Arabs have made it quite clear and have told the Palestine government that they do not propose to co-operate or to assist the Commission, and that, far from it, they propose to attack and impede its work in every possible way. We have no reason to suppose that they do not mean what they say.” [Italics by author]
Arab’s intentions and deeds did not fare better after Resolution 181 was adopted:
“Taking into consideration that the Provisional Government of Israel has indicated its acceptance in principle of a prolongation of the truce in Palestine; that the States members of the Arab League have rejected successive appeals of the United Nations Mediator, and of the Security Council in its resolution 53 (1948) of 7 July 1948, for the prolongation of the truce in Palestine; and that there has consequently developed a renewal of hostilities in Palestine.”
“Having constituted a Special Committee and instructed it to investigate all questions and issues relevant to the problem of Palestine, and to prepare proposals for the solution of the problem, and having received and examined the report of the Special Committee (document A/364). … Recommends to the United Kingdom, as the mandatory Power for Palestine, and to all other Members of the United Nations the adoption and implementation, with regard to the future Government of Palestine, of the Plan of Partition with Economic Union set out below;” [Italics bauthor].
In the late 1990s, more than 50 years after Resolution 181 was rejected by the Arab world, Arab leaders suddenly recommended to the General Assembly that UN Resolution 181 be resurrected as the basis for a peace agreement. There is no foundation for such a notion.
Resolution 181 was the last of a series of recommendations that had been drawn up over the years by the Mandatory and by international commissions, plans designed to reach an historic compromise between Arabs and Jews in western Palestine.
The first was in 1922 when Great Britain unilaterally partitioned Palestine, which did not satisfy the Arabs who wanted the entire country to be Arab. Resolution 181 followed such proposals as
the Peel Commission (1937);
the Woodhead Commission (1938);
two 1946 proposals that championed a binational state; one proposed by the Anglo-American Committee of Inquiry in April 1946 based on a single state with equal powers for Jews and Arabs; and the MorrisonGrady Plan raised in July 1946 which recommended a federal state with two provinces – one Jewish, one Arab.
Every scheme since 1922 was rejected by the Arab side, including decidedly pro-Arab ones merely because these plans recognized Jews as a nation and gave Jewish citizens of Mandate Palestine political representation. Arabs rejected the “unbalanced” Partition Plan. The UN International Court of Justice (ICJ) uses the term “unbalanced” in describing the reason for Arab rejectionism of Resolution 181, which does not exactly fit reality.
Seventy-seven percent of the landmass of the original Mandate for the Jews was excised in 1922 to create a fourth Arab state – Trans-Jordan (today Jordan). In a statement by Dr. Abba Hillel Silver, the representative of the Jewish Agency for Palestine to the United Nations Special Committee on Palestine (UNSCOP), he had that to say about fairness, balance, and justice: “According to David Lloyd George, then British Prime Minister, the Balfour Declaration implied that the whole of Palestine, including Transjordan, should ultimately become a Jewish state. Transjordan had, nevertheless, been severed from Palestine in 1922 and had subsequently been set up as an Arab kingdom. Now a second Arab state was to be carved out of the remainder of Palestine, with the result that the Jewish National Home would represent less than one eighth of the territory originally set aside for it. Such a sacrifice should not be asked of the Jewish people.” Referring to the Arab States established as independent countries since the First World War, he said:
“17,000,000 Arabs now occupied an area of 1,290,000 square miles, including all the principal Arab and Moslem centers, while Palestine, after the loss of Transjordan, was only 10,000 square miles; yet the majority plan proposed to reduce it by one half. UNSCOP proposed to eliminate Western Galilee from the Jewish State; that was an injustice and a grievous handicap to the development of the Jewish State.” [Italics by author].
Following passage of Resolution 181 by the General Assembly, Arab countries took the dais to reiterate their absolute rejection of the recommendation and intention to render implementation of Resolution 181 a moot question by the use of force. These examples from the transcript of the General Assembly plenary meeting on November 29, 1947 speak for themselves:
“Mr. JAMALI (Iraq): … We believe that the decision which we have now taken … undermines peace, justice and democracy. In the name of my Government, I wish to state that it feels that this decision is antidemocratic, illegal, impractical and contrary to the Charter …
Therefore, in the name of my Government, I wish to put on record that Iraq does not recognize the validity of this decision, will reserve freedom of action towards its implementation, and holds those who were influential in passing it against the free conscience of mankind responsible for the consequences.”
“Amir. ARSLAN [Syria]: … Gentlemen, the Charter is dead. But it did not die a natural death; it was murdered, and you all know who is guilty. My country will never recognize such a decision [Partition]. It will never agree to be responsible for it. Let the consequences be on the heads of others, not on ours.”
“H. R. H. Prince Seif El ISLAM ABDULLAH (Yemen): The Yemen delegation has stated previously that the partition plan is contrary to justice and to the Charter of the United Nations. Therefore, the Government of Yemen does not consider itself bound by such a decision … and will reserve its freedom of action towards the implementation of this decision.”
The Partition Plan was met not only by verbal rejection on the Arab side but also by concrete, bellicose steps to block its implementation and destroy the Jewish polity by force of arms, a goal the Arabs publicly declared even before Resolution 181 was brought to a vote.
Arabs not only rejected the compromise and took action to prevent establishment of a Jewish state but also blocked establishment of an Arab state under the partition plan not just before the Israel War of Independence, but also after the war when they themselves controlled the West Bank (1948-1967).
The UN itself recognized that Resolution 181 had not been accepted by the Arab side, rendering it a dead issue: On January 29, 1948, the First Monthly Progress Report of the UN-appointed Palestine Commission charged with helping put Resolution 181 into effect was submitted to the Security Council (A/AC.21/7).
Implementation of Resolution 181 hinged not only on the five member states appointed to represent the UN [Bolivia, Czechoslovakia, Denmark, Panama, Philippines and Great Britain], but first and foremost on the participation of the two sides who were invited to appoint representatives.
The UN Palestine Commission’s February 16, 1948 report (A/AC.21/9) to the Security Council noted that Arab-led hostilities were an effort
“To prevent the implementation of the [General] Assembly plan of partition, and to thwart its objectives by threats and acts of violence, including armed incursions into Palestinian territory.”
On May 17, 1948 – after the invasion began, the Palestine Commission designed to implement 181 adjourned sine die [Latin: without determining a date] after the General Assembly appointed a United Nations Mediator in Palestine, which relieves the United Nations Palestine Commission from the further exercise of its responsibilities.
Some thought the Partition Plan could be revived, but by the end of the war, Resolution 181 had become a moot issue as realities on the ground made the establishment of an armistice-line [the “Green Line”] – a temporary ceasefire line expected to be followed by peace treaties – the most constructive path to solving the conflict.
A July 30, 1949 working paper of the UN Secretariat entitled The Future of Arab Palestine and the Question of Partition noted further that:
“The Arabs rejected the United Nations Partition Plan so that any comment of theirs did not specifically concern the status of the Arab section of Palestine under partition but rather rejected the scheme in its entirety.”
By the time armistice agreements were reached in 1949 between Israel and its immediate Arab neighbors (Egypt, Lebanon, Syria and Trans-Jordan) with the assistance of UN Mediator Dr. Ralph Bunche, Resolution 181 had become irrelevant, and the armistice agreements addressed new realities created by the war. Over subsequent years, the UN simply abandoned the recommendations of Resolution 181, as its ideas were drained of all relevance by subsequent events.
Moreover, the Arabs continued to reject 181 after the war when they themselves controlled the West Bank (1948-1967) which Jordan invaded in the course of the war and annexed illegally.
Attempts by Palestinians to roll back the clock and resuscitate Resolution 181 more than six decades after they rejected it as if nothing had happened are a baseless ploy designed to use Resolution 181 as leverage to bring about a greater Israeli withdrawal from parts of western Palestine and to gain a broader base from which to continue to attack an Israel with even less defendable borders.
Both Palestinians and their Arab brethren in neighboring countries rendered the plan null and void by their own subsequent aggressive actions. Professor Stone, a distinguished authority on the Law of Nations, wrote about this novelty of resurrection in 1981 when he analyzed a similar attempt by pro-Palestinian experts at the UN to rewrite the history of the conflict (their writings were termed “studies”). Stone called it “revival of the dead.”
“To attempt to show … that Resolution 181 ‘remains’ in force in 1981 is thus an undertaking even more miraculous than would be the revival of the dead. It is an attempt to give life to an entity that the Arab states had themselves aborted before it came to maturity and birth. To propose that Resolution 181 can be treated as if it has binding force in 1981, for the benefit of the same Arab states, who by their aggression destroyed it ab initio, [In Latin: From the beginning] also violates “general principles of law,” such as those requiring claimants to equity to come “with clean hands,” and forbidding a party who has unlawfully repudiated a transaction from holding the other party to terms that suit the later expediencies of the repudiating party.” [Italics by author].
Resolution 181 had been tossed into the waste bin of history, along with the Partition Plans that preceded it. Israel’s independence is not a result of a partial implementation of the Partition Plan. Resolution 181 has no legal ramifications – that is, it recognized the Jewish right to statehood, but its validity as a potentially legal and binding document was never consummated. Like the proposals that preceded it, Resolution 181’s validity hinged on acceptance by both parties of the General Assembly’s recommendation.
Cambridge Professor, Sir Elihu Lauterpacht, Judge ad hoc of the International Court of Justice, a renowned expert on international law, clarified that from a legal standpoint, the 1947 UN Partition Resolution had no legislative character to vest territorial rights in either Jews or Arabs. In a monograph relating to one of the most complex aspects of the territorial issue, the status of Jerusalem, Judge, Sir Lauterpacht wrote that any binding force the Partition Plan would have had to arise from the principle pacta sunt servanda, [In Latin: treaties must be honored
– the first principle of international law] that is, from agreement of the parties at variance to the proposed plan. In the case of Israel, Judge, Sir Lauterpacht explains:
“The coming into existence of Israel does not depend legally upon the Resolution. The right of a State to exist flows from its factual existence especially when that existence is prolonged shows every sign of continuance and is recognized by the generality of nations.”
Reviewing Lauterpacht arguments, Professor Stone added that Israel’s “legitimacy” or the “legal foundation” for its birth does not reside with the United Nations’ Partition Plan, which as a consequence of Arab actions became a dead issue. Professor Stone concluded:
“The State of Israel is thus not legally derived from the partition plan, but rests (as do most other states in the world) on assertion of independence by its people and government, on the vindication of that independence by arms against assault by other states, and on the establishment of orderly government within territory under its stable control.
UNITED NATIONS PARTITION PLAN FOR PALESTINE Wikipedia
The result was as follows following intense lobbying by the Jewish and Arab sides.
FOR THE RESOLUTION (33) - Australia, Belgium, Bolivia, Brazil, Canada, Costa Rica, Czechoslovakia, Denmark, Dominican Republic, Ecuador, France, Guatemala, Haiti, Iceland, Liberia, Luxembourg, the Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Peru Philippines, Poland, Sweden, Ukraine, South Africa, Uruguay, the Soviet Union, the United States, Venezuela, White Russia.
AGAINST (13) - Afghanistan, Cuba, Egypt, Greece, India, Iran, Iraq, Lebanon, Pakistan, Saudi Arabia, Syria, Turkey, Yemen.
ABSTENTIONS (10) - Argentina, Chile, China, Colombia, El Salvador, Ethiopia, Honduras, Mexico, United Kingdom, Yugoslavia.
ABSENT (1) - Siam.
CREATION OF ISRAEL, 1948 Office of the US Historian On May 14, 1948, David Ben-Gurion, the head of the Jewish Agency, proclaimed the establishment of the State of Israel. U.S. President Harry S. Truman recognized the new nation on the same day.
Eliahu Elath presenting an ark containing the Torah to President Truman
(The Torah is Judaism’s most important text. It is composed of the Five Books of Moses, the 613 commandments (mitzvot) and the Ten Commandments.
The word “Torah” means “to teach.”
Although the United States supported the Balfour Declaration of 1917, which favored the establishment of a Jewish national home in Palestine, President Franklin D. Roosevelt had assured the Arabs in 1945 that the United States would not intervene without consulting both the Jews and the Arabs in that region. The British, who held a colonial mandate for Palestine until May 1948, opposed both the creation of a Jewish state and an Arab state in Palestine as well as unlimited immigration of Jewish refugees to the region. Great Britain wanted to preserve good relations with the Arabs to protect its vital political and economic interests in Palestine.
Soon after President Truman took office, he appointed several experts to study the Palestinian issue. In the summer of 1946, Truman established a special cabinet committee under the chairmanship of Dr. Henry F. Grady, an Assistant Secretary of State, who entered into negotiations with a parallel British committee to discuss the future of Palestine. In May 1946, Truman announced his approval of a recommendation to admit 100,000 displaced persons into Palestine and in October publicly declared his support for the creation of a Jewish state. Throughout 1947, the United Nations Special Commission on Palestine examined the Palestinian question and recommended the partition of Palestine into a Jewish and an Arab state. On November 29, 1947 the United Nations adopted Resolution 181 (also known as the Partition Resolution) that would divide Great Britain’s former Palestinian mandate into Jewish and Arab states in May 1948 when the British mandate was scheduled to end. Under the resolution, the area of religious significance surrounding Jerusalem would remain a corpus separatum under international control administered by the United Nations.
Although the United States backed Resolution 181, the U.S. Department of State recommended the creation of a United Nations trusteeship with limits on Jewish immigration and a division of Palestine into separate Jewish and Arab provinces but not states. The State Department, concerned about the possibility of an increasing Soviet role in the Arab world and the potential for restriction by Arab oil producing nations of oil supplies to the United States, advised against U.S. intervention on behalf of the Jews. Later, as the date for British departure from Palestine drew near, the Department of State grew concerned about the possibility of an all-out war in Palestine as Arab states threatened to attack almost as soon as the UN passed the partition resolution.
Despite growing conflict between Palestinian Arabs and Palestinian Jews and despite the Department of State’s endorsement of a trusteeship, Truman ultimately decided to recognize the state Israel.
The 1948 Arab–Israeli War or the First Arab–Israeli War was fought between the State of Israel and a military coalition of Arab states. In Hebrew it is known as The War of Independence (Hebrew: מלחמת העצמאות, Milkhemet Ha'Atzma'ut) or the War of Liberation (Hebrew: מלחמת השחרור, Milkhemet HaShikhrur). This war formed the second stage of the 1948 Palestine war, known in Arabic as The Nakba or Catastrophe (Arabic: النكبة, al-Nakba).
There had been tension and conflict between the Arabs and the Jews, and between each of them and the British forces, ever since the 1917 Balfour Declaration and the 1920 creation of the British Mandate of Palestine. British policies dissatisfied both Arabs and Jews. The Arabs' opposition developed into the 1936–1939 Arab revolt in Palestine, while the Jewish resistance developed into the Jewish insurgency in Palestine (1944–1947). In 1947 these ongoing tensions erupted into civil war, following the 29 November 1947 adoption of the United Nations Partition Plan for Palestine which planned to divide Palestine into three areas: an Arab state, a Jewish state and the Special International Regime for the cities of Jerusalem and Bethlehem.
On 15 May 1948 the ongoing civil war transformed into an inter-state conflict between Israel and the Arab states, following the Israeli Declaration of Independence the previous day. A combined invasion by Egypt, Jordan and Syria, together with expeditionary forces from Iraq, entered Palestine - Jordan having declared privately to Yishuv emissaries on 2 May it would abide by a decision not to attack the Jewish state. The invading forces took control of the Arab areas and immediately attacked Israeli forces and several Jewish settlements. The 10 months of fighting, interrupted by several truce periods, took place mostly on the former territory of the British Mandate and for a short time also in the Sinai Peninsula and southern Lebanon.
As a result of the war the State of Israel retained the area that the UN General Assembly Resolution 181 had recommended for the proposed Jewish state as well as almost 60% of the area of Arab state proposed by the 1948 Partition Plan, including the Jaffa, Lydda and Ramle area, Galilee, some parts of the Negev, a wide strip along the Tel-Aviv-Jerusalem road, West Jerusalem, and some territories in the West Bank. Transjordan took control of the remainder of the former British mandate, which it annexed, and the Egyptian military took control of the Gaza Strip. At the Jericho Conference on 1 December 1948, 2,000 Palestinian delegates called for unification of Palestine & Transjordan as a step toward full Arab unity." No state was created for the Palestinian Arabs.
The conflict triggered significant demographic change throughout the Middle East. Around 700,000 Palestinian Arabs fled or were expelled from the area that became Israel and they became Palestinian refugees. In the three years following the war, about 700,000 Jews immigrated to Israel with many of them having been expelled from their previous countries of residence in the Middle East.