The Ottoman Balfour Declaration

As Martin Kramer has explained in Mosaic, the Balfour Declaration was not a unilateral move by Britain but was supported by an international consensus of the Western Allies then fighting in World War I. What’s more, writes Wolfgang Schwanitz, the Jewish claim to the land of Israel also came to be supported by the Ottoman empire, which was then fighting with Germany against the Allies. The Ottoman grand vizier, Talaat Pasha, issued an official statement lifting all restrictions on Jewish immigration to Ottoman-controlled Palestine and expressing his “sympathies for the establishment of a religious and national Jewish center” there. Although the statement was a dead letter, delivered eight months after the British seizure of Palestine and less than three months before Istanbul surrendered, Schwanitz argues that it should nonetheless be taken seriously:

Talaat’s . . . statement was extraordinary in two key respects: the religious and the national. On the former level, the pledge to treat Palestine’s Jewish community on the basis of “complete equality with the other elements of the population” ran counter to the sociopolitical order of things underpinning [the Ottoman empire], whereby political power was vested with the Muslim majority while non-Muslim minorities were tolerated subjects (or dhimmis), who enjoyed protection and autonomy in the practice of their religious affairs yet were legally, institutionally, and socially inferior to their Muslim rulers.

Likewise, the sympathetic allusion to “the Jewish nation,” let alone to the creation of a “Jewish national center in Palestine,” was antithetical to the [general Muslim] perception of Jews as a religious community rather than a national group. . . .

[While] it is possible that Talaat knew full well that he would never have to implement the declaration, in view of Russia’s March 1918 departure from the war on highly favorable terms to the Triple Alliance (German-Austrian-Ottoman), and the [initial success of the] spring 1918 German offensive in Western Europe, the outcome of the war remained undecided for some time.

Scwhanitz goes on to argue that German pressure above all secured this declaration, suggesting that yet another European power joined in the international consensus on Zionism.

Read more at Middle East Quarterly

More about: Balfour Declaration, Germany, History & Ideas, Israel & Zionism, Ottoman Empire, World War I

Fake International Law Prolongs Gaza’s Suffering

As this newsletter noted last week, Gaza is not suffering from famine, and the efforts to suggest that it is—which have been going on since at least the beginning of last year—are based on deliberate manipulation of the data. Nor, as Shany Mor explains, does international law require Israel to feed its enemies:

Article 23 of the Fourth Geneva Convention does oblige High Contracting Parties to allow for the free passage of medical and religious supplies along with “essential foodstuff, clothing, and tonics intended for children under fifteen” for the civilians of another High Contracting Party, as long as there is no serious reason for fearing that “the consignments may be diverted from their destination,” or “that a definite advantage may accrue to the military efforts or economy of the enemy” by the provision.

The Hamas regime in Gaza is, of course, not a High Contracting Party, and, more importantly, Israel has reason to fear both that aid provisions are diverted by Hamas and that a direct advantage is accrued to it by such diversions. Not only does Hamas take provisions for its own forces, but its authorities sell provisions donated by foreign bodies and use the money to finance its war. It’s notable that the first reports of Hamas’s financial difficulties emerged only in the past few weeks, once provisions were blocked.

Yet, since the war began, even European states considered friendly to Israel have repeatedly demanded that Israel “allow unhindered passage of humanitarian aid” and refrain from seizing territory or imposing “demographic change”—which means, in practice, that Gazan civilians can’t seek refuge abroad. These principles don’t merely constitute a separate system of international law that applies only to Israel, but prolong the suffering of the people they are ostensibly meant to protect:

By insisting that Hamas can’t lose any territory in the war it launched, the international community has invented a norm that never before existed and removed one of the few levers Israel has to pressure it to end the war and release the hostages.

These commitments have . . . made the plight of the hostages much worse and much longer. They made the war much longer than necessary and much deadlier for both sides. And they locked a large civilian population in a war zone where the de-facto governing authority was not only indifferent to civilian losses on its own side, but actually had much to gain by it.

Read more at Jewish Chronicle

More about: Gaza War 2023, International Law