How the Balfour Declaration Became International Law Despite Attempts to Undermine It

A century ago, the victors of World War I met in the Italian city of San Remo to discuss how to divide up territories that had previously belonged to the Ottoman empire. It was here that Arthur Balfour’s famous promise effectively became international law. But things almost didn’t turn out that way. With support from British officers, Emir Faisal—son of Sharif Hussein of Mecca, promoted by T.E. Lawrence—was attempting to make himself the ruler of a Syrian kingdom that included the Land of Israel. Meanwhile, the French were poised to back away from their previous assurances regarding the Jews. Faisal had signed an agreement with Chaim Weizmann, the chief Zionist diplomat, in January 1919 pledging his support to the creation of a Jewish state, but, as Efraim Karsh writes, he “was speaking from both sides of his mouth.”

In his testimony to the Paris peace conference a month after signing the agreement with Weizmann, the emir refrained from mentioning, let alone endorsing, the Balfour Declaration, proposing instead to leave Palestine’s future “for the mutual consideration of all parties interested.” This phrasing gave the country’s non-Jewish population a veto power over the establishment of a Jewish national home—in contrast to the Balfour Declaration that rendered them “civil and religious rights” but no say over Palestine’s future.

[Moreover], no sooner had Faisal promised the French prime minister Georges Clemenceau “to use his efforts with the people to secure a French mandate for Syria” than he embarked on a spirited effort to tarnish this pledge by manipulating the King-Crane Commission, [convened by the U.S. to adjudicate the Franco-British dispute over the division of the Levant], against the French and the Zionists.

[W]hile feigning “a deep sense of sympathy for the Jewish cause,” the commission dismissed the millennia-long Jewish attachment to Palestine as valid justification for the establishment of a Jewish national home there. Effectively treating the Jews as a religious community rather than a nation, it recommended that “Jewish immigration should be definitely limited, and that the project for making Palestine distinctly a Jewish commonwealth should be given up,” thus relegating the country’s Jewish community to a permanent minority in Faisal’s prospective Syrian kingdom.

It was primarily through the efforts of Britain’s prime minister Lloyd George, and the continuous lobbying of Weizmann, that the diplomats at San Remo accepted the promise of a Jewish national home at all:

[I]t was an extraordinary feat of diplomacy that within less than five years of its issuance the Balfour Declaration had been endorsed by the official representative of the will of the international community: not in the “technical” sense of supporting the creation of a Jewish national home in Palestine but in the deeper sense of recognizing the Jews as a nation deserving self-determination in its ancestral homeland. This is something that successive Palestinian leaderships have been loath to acknowledge to date.

Read more at BESA Center

More about: Balfour Declaration, Chaim Weizmann, History of Zionism, International Law, Mandate Palestine, Treaty of San Remo

When It Comes to Iran, Israel Risks Repeating the Mistakes of 1973 and 2023

If Iran succeeds in obtaining nuclear weapons, the war in Gaza, let alone the protests on college campuses, will seem like a minor complication. Jonathan Schachter fears that this danger could be much more imminent than decisionmakers in Jerusalem and Washington believe. In his view, Israel seems to be repeating the mistake that allowed it to be taken by surprise on Simchat Torah of 2023 and Yom Kippur of 1973: putting too much faith in an intelligence concept that could be wrong.

Israel and the United States apparently believe that despite Iran’s well-documented progress in developing capabilities necessary for producing and delivering nuclear weapons, as well as its extensive and ongoing record of violating its international nuclear obligations, there is no acute crisis because building a bomb would take time, would be observable, and could be stopped by force. Taken together, these assumptions and their moderating impact on Israeli and American policy form a new Iran concept reminiscent of its 1973 namesake and of the systemic failures that preceded the October 7 massacre.

Meanwhile, most of the restrictions put in place by the 2015 nuclear deal will expire by the end of next year, rendering the question of Iran’s adherence moot. And the forces that could be taking action aren’t:

The European Union regularly issues boilerplate press releases asserting its members’ “grave concern.” American decisionmakers and spokespeople have created the unmistakable impression that their reservations about the use of force are stronger than their commitment to use force to prevent an Iranian atomic bomb. At the same time, the U.S. refuses to enforce its own sanctions comprehensively: Iranian oil exports (especially to China) and foreign-currency reserves have ballooned since January 2021, when the Biden administration took office.

Israel’s response has also been sluggish and ambiguous. Despite its oft-stated policy of never allowing a nuclear Iran, Israel’s words and deeds have sent mixed messages to allies and adversaries—perhaps inadvertently reinforcing the prevailing sense in Washington and elsewhere that Iran’s nuclear efforts do not present an exigent crisis.

Read more at Hudson Institute

More about: Gaza War 2023, Iran nuclear program, Israeli Security, Yom Kippur War