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like to welcome you to the to see Matt's

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first new meeting and we are so

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delighted that so many of you have

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chosen to join us let me begin by

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thanking our co-sponsors the UCLA

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International Institute Luskin School of

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Public Affairs

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Nazarian Center for Israel studies

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berkel Center for international

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relations and the Department of Public

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Policy as you all know our speaker today

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is Steve Saperstein someone with a

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fascinating background practicing law

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for more than 35 years including serving

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as a US federal prosecutor and as the

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chief legal officer of two large

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companies Verizon Wireless and

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blackberry he is today a senior fellow

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at our Center for Middle East

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development at UCLA he also is a

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lecturer in UCLA's global studies

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program and the Luskin School of Public

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Affairs and various programs within each

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where he has quickly emerged as an

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extremely popular figure for our

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students in addition to his new role as

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a teacher Steve zipper soon is becoming

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a prolific writer and he is now running

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for books on law and the arab-israeli

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conflict the first one the trials of

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Palestine is just out from relish and is

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the topic of our talk today ladies and

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gentlemen Steve zipper Steve thank you

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so much professor Spiegel thank you to

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Seema thank you to the amazing staff and

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to the other UCLA sponsors welcome

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everyone it's great to see all of you

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let me put my slides up and we'll get

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started well when people think about the

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israeli-palestinian conflict usually the

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law is not the first thing that comes to

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mind although some people will say that

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in the last 15-20 years in fact

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especially the Palestinians have used

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the law quite effectively at the

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International Court of Justice at the

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International Criminal Court but as a

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matter of fact both the Palestinians and

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the Jews have been using the law as a

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tool a weapon a resource against each

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other for the better part of the last

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century even during Ottoman times the

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Palestinians and Jews were accustomed to

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file

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petitions with the Sultan and content

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and Constantinople and after the British

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arrived at the end of World War one the

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British joined the fray as well using

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the law along with the Jews and the

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Arabs as a way to gain leverage against

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each other and as a way to influence

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international opinion no more so than in

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three long forgotten trials you see them

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on the Left 1929 1930 1936 and 37 in

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which the parties used outside lawyers

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witnesses testified under oath and were

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cross-examined under oath exhibits and

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documents were introduced into evidence

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and these trials largely focused on two

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key issues in the conflict that remained

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controversial that remain the subject of

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legal debate to this very day of the

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first you see it there the McMahon

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Hussein Balfour issue whether or not the

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pledge that the British made to Hussein

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in 1915 was then later undermined by the

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Balfour Declaration I'll talk about that

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in a moment and then secondly who owns

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the Western Wall the Wailing Wall the

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Barak and the Muslims were the Jews and

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what are the rights and claims of the

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parties to the wall let me give you some

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background on those two issues here you

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see Sir Henry McMahon the British High

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Commissioner were ambassador to Egypt

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during World War one Britain of course

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fighting against Germany and Turkey and

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the government in London authorized

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McMahon to engage in a series of

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correspondence with the Sharif Hussein

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the leader of the hijazi Arabs

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modern-day Saudi Arabia a province of

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the Ottoman Empire and essentially the

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back and forth between McMahon and

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Hussein was McMahon trying to convince

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Hussein to rise up against the Turks to

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join forces with the British in the war

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and Hussein in return demanded

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independence for the Arabs after the war

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and so there were a variety of letters

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exchanged between them in 1915 and 1916

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the key letter the most important one

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you see here a letter from McMahon to

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Hussein October 24 1915 in

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which McMahon confirms that the

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government in London has authorized him

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to pledge to the Arabs that they will be

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independent after the war but with two

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big exceptions the first exception is

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that the pledge only covers those

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geographic areas where Britain is free

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to act without detriment to the

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interests of its ally France and then

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secondly you see the language that has

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become so much contested here at the

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bottom the letter from McMahon said that

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portions of Syria lying to the west of

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the districts of Damascus Homs Hama and

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Aleppo this north-south line that I'm

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showing you here along the Hijazi

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railway that portions of Syria lying to

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the west of that line cannot be said to

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be purely Arab and are therefore

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excluded from the pledge and for the

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last hundred and five years Jewish

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lawyers Palestinian Arab lawyers British

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lawyers have argued about what that

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language meant designed the west of the

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I mean just Lebanon did it mean the

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villa yet of Beirut which would include

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the upper half of modern-day Israel as

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well as the sanjak of Jerusalem did the

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word district which was not a recognised

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term in ottoman administrative law did

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that mean something else for example the

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villa yet of Syria that has been argued

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about for the last hundred and five

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years and was an issue in two of the

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three trials that we're going to talk

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about today two years and one month

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after McMahon sent that letter to

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Hussein the British government issued

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the Balfour Declaration a letter that

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you see here from the Foreign Secretary

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Lord Balfour to a leading Jew in Britain

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Lord Rothschild the famous 67 words

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appear here in quotes the British

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government viewing with favor the

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establishment in Palestine of a national

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home for the Jewish people and saying

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that it's clearly understood that

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nothing will be done which may prejudice

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the civil and religious rights of the

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existing non-jewish communities in

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Palestine and just like the letter from

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McMahon to Hussein this letter from

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Balfour to Rothschild has also been our

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get about in the three trials that we're

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going to talk about as well as in other

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legal forums for the last hundred and

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three years what does in Palestine mean

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part or all of Palestine

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what does national hoe mean a cultural

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center a state and so we'll talk about

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that as well so two years after the

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Balfour Declaration the Treaty of

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Versailles is signed and the beginning

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of the Treaty of Versailles contains the

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Covenant of the League of Nations and

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these two provisions of the Covenant

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articles 20 and 22 were also hotly

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debated in two of these three trials but

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the position of the Palestinian Arabs

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was that article 20 which abrogates

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all inconsistent obligations

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automatically invalidated the Balfour

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Declaration why because article 22 says

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that independence will be granted to

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certain communities formerly belonging

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to the British Empire not the Jewish

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people at large as the Balfour

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Declaration had promised but the

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Palestinian Arab population who formerly

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belonged to the Ottoman Empire and this

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language was the subject of testimony

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and legal argument in two of the three

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trials well during the time that the

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Covenant of the League of Nations and

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the Treaty of Versailles were being

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formulated here you see Prince Faisal

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one of the sons of the Sharif Hussein

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his other son was Abdullah who went on

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to become the first king of Jordan the

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grandfather of the current king and here

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you see Faisal and Bites Minh January

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3rd 1919 and they sign an agreement and

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you see Bites Minh signature at the

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bottom physalis just above his with a

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with a caveat that Faisal wrote in

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Arabic translated here on the right by

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Colonel Lawrence Lawrence of Arabia who

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was accompanying Faisal and essentially

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this agreement between bites Minh and

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Faisal says that Phi Saul will more or

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less recognize the Zionist aspirations

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not statehood but the idea of a Jewish

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National Home in exchange for which

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Weitzman and the Jews will provide

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economic assistance and the the caveat

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that Faisal wrote essentially said that

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unless Britain

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plies with its obligations then I can't

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be held to this agreement but again

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unclear what obligations Faisal was

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referring to later on

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Weitzman when he testified in the Royal

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Commission the third of the three trials

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Weitzman would call this document to

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treaty just as the mufti of Jerusalem

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would refer to the McMahon Hussein

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letter also as a treaty if I saw but

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another letter in 1919 two months after

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his agreement with Weitzman this time to

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the head of the Zionist Organization of

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America future Supreme Court justice

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Felix Frankfurter expressing deep

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sympathy with the scientists movement

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characterizing proposals submitted by

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the Zionists as moderate and proper and

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wishing the Jews a most hearty welcome

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home to Palestine and then at the end of

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1919 fly saw wrote yet a third letter

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this one to Herbert Samuel the future

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first British High Commissioner or

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ambassador to Palestine referring back

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to the January 1919 agreement with Bites

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Minh and confirming that he and Bites

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been were in perfect Accord in their

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point of view after that letter a few

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months later 1920 the victorious powers

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Allied powers in World War one met at

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San Remo Italy and demarcated this area

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in white for the future Mandate for

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Palestine to be awarded to Britain and

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you note that the area to be demarcated

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to Britain included the modern-day Gaza

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Strip in Israel the modern-day

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Palestinian territories in the West Bank

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as well as the modern state of Jordan

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but very quickly thereafter in 1923

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Britain separated the mandate on this

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north-south axis from Mutulu down to

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Aqaba creating Transjordan which became

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independent obviously in 1947 well by

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nineteen late 1920 1921 of Faisal

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Hussein Abdullah changed their position

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and were no longer as sympathetic to

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Zionist aspirations as they had been in

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1919 and in fact engaged in a

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correspondence with the Colonial

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Secretary Winston Churchill arguing that

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McMahon had pledged in that 1915 letter

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about Oh

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had pledged Palestine to the Arabs as

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part of the areas to be ruled by Arabs

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after the war but Churchill rejected

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that claim saying that McMahons letter

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was intended to include the entire villa

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yet to Beirut and the sanjak of

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Jerusalem meaning all the Palestine

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west of the Jordan River was excluded

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from the Pledge of Independence that

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McMahon made to Hussein Churchill

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reiterated that the Jews were in

275

00:11:37,660 --> 00:11:41,470

Palestine as of right and not on

276

00:11:39,970 --> 00:11:44,170

sufferance but at the same time

277

00:11:41,470 --> 00:11:46,390

Churchill criticized a recent speech by

278

00:11:44,170 --> 00:11:48,850

the Jewish leader hind Weitzman for

279

00:11:46,390 --> 00:11:51,850

saying that Palestine would be as Jewish

280

00:11:48,850 --> 00:11:53,890

as England is English and so we see here

281

00:11:51,850 --> 00:11:56,410

the beginning of Britain trying to kind

282

00:11:53,890 --> 00:11:58,150

of have their cake and eat it too so

283

00:11:56,410 --> 00:12:00,490

that's the background Primack man

284

00:11:58,150 --> 00:12:02,770

Hussein and now let me shift gears to

285

00:12:00,490 --> 00:12:06,100

the Wailing Wall I'm showing you a

286

00:12:02,770 --> 00:12:09,760

photograph Amos for general Allenby

287

00:12:06,100 --> 00:12:11,290

number 11 1917 the British Army has

288

00:12:09,760 --> 00:12:14,320

marched into the Old City of Jerusalem

289

00:12:11,290 --> 00:12:16,810

through the Jaffa Gate Allenby reading a

290

00:12:14,320 --> 00:12:19,060

proclamation to the assembled people in

291

00:12:16,810 --> 00:12:22,240

Jerusalem five years later that

292

00:12:19,060 --> 00:12:25,120

Proclamation was codified in article 13

293

00:12:22,240 --> 00:12:28,600

of the Mandate for Palestine and the

294

00:12:25,120 --> 00:12:31,270

ëthe set forth the key legal principle

295

00:12:28,600 --> 00:12:34,090

known as the status quo that governed

296

00:12:31,270 --> 00:12:34,300

all the holy sites including the Wailing

297

00:12:34,090 --> 00:12:37,660

Wall

298

00:12:34,300 --> 00:12:39,280

well Allenby said that Britain was not

299

00:12:37,660 --> 00:12:41,920

going to change anything as a result of

300

00:12:39,280 --> 00:12:43,870

his capture of Jerusalem in fact all the

301

00:12:41,920 --> 00:12:45,370

existing customs and beliefs of the

302

00:12:43,870 --> 00:12:47,500

various religions Christian Muslim

303

00:12:45,370 --> 00:12:50,050

Jewish would be protected and as I said

304

00:12:47,500 --> 00:12:52,810

that concept of the status quo was

305

00:12:50,050 --> 00:12:55,090

codified in article 13 of the mandate

306

00:12:52,810 --> 00:12:57,430

which the incoming British civilian

307

00:12:55,090 --> 00:13:00,190

government took very seriously and

308

00:12:57,430 --> 00:13:03,280

treated as an enforceable legal

309

00:13:00,190 --> 00:13:05,920

provision this is a photograph from the

310

00:13:03,280 --> 00:13:08,170

cover of my book taken in the 1920s you

311

00:13:05,920 --> 00:13:10,150

see the Orthodox Jews looking at the

312

00:13:08,170 --> 00:13:12,880

Wailing Wall the western wall of the

313

00:13:10,150 --> 00:13:15,820

ancient Jewish temples this is the

314

00:13:12,880 --> 00:13:18,700

holiest spot for Jews the place where

315

00:13:15,820 --> 00:13:21,220

the divine spirit the Shekinah is said

316

00:13:18,700 --> 00:13:23,410

to reside also Muslims

317

00:13:21,220 --> 00:13:26,199

claim the wall is holy they referred to

318

00:13:23,410 --> 00:13:28,449

it as the Barack named after Mohammed's

319

00:13:26,199 --> 00:13:30,639

horse that Muhammad rode on his

320

00:13:28,449 --> 00:13:32,889

celestial journey from Mecca tethering

321

00:13:30,639 --> 00:13:36,939

the horse at some point along the wall

322

00:13:32,889 --> 00:13:40,110

these structures here which existed for

323

00:13:36,939 --> 00:13:42,879

centuries after the Muslim conquest in

324

00:13:40,110 --> 00:13:46,810

638 all the way through Turkish times

325

00:13:42,879 --> 00:13:48,569

all the way until 1967 these were places

326

00:13:46,810 --> 00:13:51,009

where Muslim pilgrims would stay

327

00:13:48,569 --> 00:13:52,750

visiting the al-aqsa mosque off to the

328

00:13:51,009 --> 00:13:55,689

right the Dome of the rock there on the

329

00:13:52,750 --> 00:13:57,730

left this was known as the Mogra B or

330

00:13:55,689 --> 00:13:59,889

Moroccan Quarter here I'm showing you

331

00:13:57,730 --> 00:14:02,019

what it looks like today obviously very

332

00:13:59,889 --> 00:14:05,079

different after the six-day war Israel

333

00:14:02,019 --> 00:14:06,970

captured the old city and here you see

334

00:14:05,079 --> 00:14:09,730

they changed the facts on the ground and

335

00:14:06,970 --> 00:14:13,779

bulldozed away the Mogra quarter but

336

00:14:09,730 --> 00:14:16,420

taking you back to the 1920s his aerial

337

00:14:13,779 --> 00:14:19,120

photo shows you just how narrow the

338

00:14:16,420 --> 00:14:20,980

pavement area was in front of the wall

339

00:14:19,120 --> 00:14:23,920

you see the Mogra B quarter on the left

340

00:14:20,980 --> 00:14:26,559

the Mufti Haj Amin al-husseini lived

341

00:14:23,920 --> 00:14:29,079

there here's another view again in the

342

00:14:26,559 --> 00:14:30,819

lower left you see the very small area

343

00:14:29,079 --> 00:14:32,949

where the pavement and the wall is as

344

00:14:30,819 --> 00:14:35,949

compared to the larger more grippy

345

00:14:32,949 --> 00:14:39,569

quarter that existed at the time now let

346

00:14:35,949 --> 00:14:42,309

me show you this photograph from 1865

347

00:14:39,569 --> 00:14:44,259

during Turkish times during the Ottoman

348

00:14:42,309 --> 00:14:46,750

Empire Jews were allowed to come to the

349

00:14:44,259 --> 00:14:50,230

wall to pray you see them holding prayer

350

00:14:46,750 --> 00:14:51,730

books no Torah no chairs no benches no

351

00:14:50,230 --> 00:14:54,009

screen the men and women are here

352

00:14:51,730 --> 00:14:57,370

together I want to just call your

353

00:14:54,009 --> 00:14:59,319

attention to the dirt area here I'll

354

00:14:57,370 --> 00:15:01,120

come back to that in a minute

355

00:14:59,319 --> 00:15:03,399

this photograph was submitted into

356

00:15:01,120 --> 00:15:05,290

evidence in one of the trials when the

357

00:15:03,399 --> 00:15:07,480

Jews were arguing that in fact they were

358

00:15:05,290 --> 00:15:09,850

allowed to bring chairs from time to

359

00:15:07,480 --> 00:15:12,730

time to the wall and this is a

360

00:15:09,850 --> 00:15:15,250

photograph taken on Yom Kippur when the

361

00:15:12,730 --> 00:15:18,240

Jews would flock to the wall on the

362

00:15:15,250 --> 00:15:21,389

holiest day in the Jewish calendar

363

00:15:18,240 --> 00:15:24,550

during the 1920s there were occasional

364

00:15:21,389 --> 00:15:26,439

spats at the wall disagreements both

365

00:15:24,550 --> 00:15:28,480

sides accusing the other of violating

366

00:15:26,439 --> 00:15:30,850

the status quo remember it's an

367

00:15:28,480 --> 00:15:33,100

enforceable legal principle the British

368

00:15:30,850 --> 00:15:34,930

police would enforce it making sure that

369

00:15:33,100 --> 00:15:36,700

the Jews were not able to do anything

370

00:15:34,930 --> 00:15:39,100

or than they could do at the wall under

371

00:15:36,700 --> 00:15:41,170

Turkish rule nor would the Muslims be

372

00:15:39,100 --> 00:15:43,180

able to prevent the Jews from doing that

373

00:15:41,170 --> 00:15:46,870

which they could do under Turkish rule

374

00:15:43,180 --> 00:15:49,630

but in 1928 an Orthodox rabbi visiting

375

00:15:46,870 --> 00:15:52,390

from Poland tried to put a screen on the

376

00:15:49,630 --> 00:15:52,959

pizza in Hebrew to divide the lemon from

377

00:15:52,390 --> 00:15:55,750

the men

378

00:15:52,959 --> 00:15:57,880

the Muslims complained about it to the

379

00:15:55,750 --> 00:16:00,370

deputy district commissioner in charge

380

00:15:57,880 --> 00:16:03,100

of Jerusalem this fellow here Edward

381

00:16:00,370 --> 00:16:05,980

Keith Roach and Keith roach ordered the

382

00:16:03,100 --> 00:16:08,320

British police to forcibly remove the

383

00:16:05,980 --> 00:16:10,779

screen because its presence violated the

384

00:16:08,320 --> 00:16:12,370

status quo the Muslim Arabs were always

385

00:16:10,779 --> 00:16:14,410

deeply concerned that if the Jews

386

00:16:12,370 --> 00:16:16,690

brought a screen if they brought chairs

387

00:16:14,410 --> 00:16:18,790

if they brought any other accoutrements

388

00:16:16,690 --> 00:16:21,700

of ownership to the wall that would be

389

00:16:18,790 --> 00:16:23,920

the first step to the Jews trying to lay

390

00:16:21,700 --> 00:16:27,089

claim to the Temple Mount the Haram

391

00:16:23,920 --> 00:16:30,100

al-sharif and rebuild the ancient temple

392

00:16:27,089 --> 00:16:31,510

this is Sir Harry Luke the number two

393

00:16:30,100 --> 00:16:35,529

official in the British administration

394

00:16:31,510 --> 00:16:39,790

in Palestine who wrote in his diary on

395

00:16:35,529 --> 00:16:42,490

the day of Yom Kippur September 24 1928

396

00:16:39,790 --> 00:16:44,529

about the incident involving the screen

397

00:16:42,490 --> 00:16:48,339

which was removed by the British police

398

00:16:44,529 --> 00:16:50,560

and here very interestingly we see in a

399

00:16:48,339 --> 00:16:53,620

different color ink indicating that

400

00:16:50,560 --> 00:16:55,959

perhaps a Luke came back later and added

401

00:16:53,620 --> 00:16:59,740

this sentence to his diary in which he

402

00:16:55,959 --> 00:17:02,260

says kar Keith Roach told me that quote

403

00:16:59,740 --> 00:17:05,610

nothing more would be heard of it

404

00:17:02,260 --> 00:17:08,740

meaning the incident with the screen and

405

00:17:05,610 --> 00:17:11,829

folks nothing could have been further

406

00:17:08,740 --> 00:17:15,280

from the truth because there was a huge

407

00:17:11,829 --> 00:17:17,220

outcry about this green incident now

408

00:17:15,280 --> 00:17:19,630

both the Jews and the Muslims filed

409

00:17:17,220 --> 00:17:21,010

complaints petitions with the permanent

410

00:17:19,630 --> 00:17:23,350

mandates Commission of the League of

411

00:17:21,010 --> 00:17:25,780

Nations and the British government felt

412

00:17:23,350 --> 00:17:28,150

compelled a couple of months later to

413

00:17:25,780 --> 00:17:30,400

issue a white paper reiterating its

414

00:17:28,150 --> 00:17:33,130

commitment to enforcing the status quo

415

00:17:30,400 --> 00:17:35,320

and defending the actions of the British

416

00:17:33,130 --> 00:17:38,890

police and the British administration in

417

00:17:35,320 --> 00:17:40,929

Jerusalem for removing the screen but

418

00:17:38,890 --> 00:17:43,570

the British government still had some

419

00:17:40,929 --> 00:17:47,140

doubts about his legal position and so

420

00:17:43,570 --> 00:17:48,640

in early 1929 it asked its two top

421

00:17:47,140 --> 00:17:50,950

lawyers the Attorney

422

00:17:48,640 --> 00:17:52,980

and the Solicitor General to render a

423

00:17:50,950 --> 00:17:55,809

legal opinion to the British government

424

00:17:52,980 --> 00:17:58,000

about what could and could not be done

425

00:17:55,809 --> 00:18:00,309

at the wall and this is the actual

426

00:17:58,000 --> 00:18:02,890

opinion here I'll just highlight some of

427

00:18:00,309 --> 00:18:04,900

the key points for you the two lawyers

428

00:18:02,890 --> 00:18:07,480

the AG the Attorney General and the

429

00:18:04,900 --> 00:18:10,510

Solicitor General found that the wall

430

00:18:07,480 --> 00:18:13,030

was not purely a Muslim sacred shrine

431

00:18:10,510 --> 00:18:16,150

but that when the Jews brought the

432

00:18:13,030 --> 00:18:19,150

screen to the wall they encroached on

433

00:18:16,150 --> 00:18:21,370

the rights of the legal owners namely

434

00:18:19,150 --> 00:18:23,860

the Muslims and therefore the British

435

00:18:21,370 --> 00:18:25,690

government had the responsibility under

436

00:18:23,860 --> 00:18:28,480

the mandate to remove the screen and

437

00:18:25,690 --> 00:18:30,100

maintain the status quo but that the

438

00:18:28,480 --> 00:18:31,960

Jews were entitled to conduct their

439

00:18:30,100 --> 00:18:34,240

worship without any greater disturbance

440

00:18:31,960 --> 00:18:36,549

than occurred in Turkish times and here

441

00:18:34,240 --> 00:18:38,950

at the bottom you see the ax signature

442

00:18:36,549 --> 00:18:41,169

of the Attorney General Thomas M skip

443

00:18:38,950 --> 00:18:43,929

and then below his signature the

444

00:18:41,169 --> 00:18:44,500

signature of the Solicitor General FB

445

00:18:43,929 --> 00:18:47,590

Frank

446

00:18:44,500 --> 00:18:49,419

Boyd Merryman remember his name because

447

00:18:47,590 --> 00:18:52,809

he's going to come back very very

448

00:18:49,419 --> 00:18:57,070

shortly well unfortunately for the rest

449

00:18:52,809 --> 00:18:59,950

of 1929 tensions heightened dramatically

450

00:18:57,070 --> 00:19:02,860

in the area of the western wall the

451

00:18:59,950 --> 00:19:04,809

mufti galvanized Muslim sentiment and

452

00:19:02,860 --> 00:19:07,690

Arab nationalist sentiment around the

453

00:19:04,809 --> 00:19:10,480

wall forming the Barak campaign the Jews

454

00:19:07,690 --> 00:19:13,299

likewise and were very very upset about

455

00:19:10,480 --> 00:19:15,520

what they viewed as the unfair treatment

456

00:19:13,299 --> 00:19:18,610

of the British government and on the

457

00:19:15,520 --> 00:19:20,020

holiday or the fast day of Tisha of the

458

00:19:18,610 --> 00:19:22,059

day that the Jews commemorate the

459

00:19:20,020 --> 00:19:26,049

destruction of the temples which was

460

00:19:22,059 --> 00:19:28,600

August 15 1929 a group of young Jews

461

00:19:26,049 --> 00:19:30,700

came from tel-aviv and against British

462

00:19:28,600 --> 00:19:33,520

orders went to the wall and did three

463

00:19:30,700 --> 00:19:35,530

things they made a speech they sang the

464

00:19:33,520 --> 00:19:37,690

hatikvah the future national anthem of

465

00:19:35,530 --> 00:19:40,480

Israel and they unfurled the blue and

466

00:19:37,690 --> 00:19:42,880

white star of david' flag the next day

467

00:19:40,480 --> 00:19:45,549

the 16th was the birthday of the Prophet

468

00:19:42,880 --> 00:19:47,530

Mohammed and the Muslims organized a

469

00:19:45,549 --> 00:19:50,200

counter demonstration at the wall

470

00:19:47,530 --> 00:19:52,240

hundreds of people came the

471

00:19:50,200 --> 00:19:56,080

demonstration turned violent as Muslims

472

00:19:52,240 --> 00:19:58,030

left the area of the wall and over the

473

00:19:56,080 --> 00:20:00,400

next few days tensions were very very

474

00:19:58,030 --> 00:20:01,660

high in Jerusalem culminating on the

475

00:20:00,400 --> 00:20:03,640

23rd in

476

00:20:01,660 --> 00:20:05,620

additional riots in Jerusalem and here

477

00:20:03,640 --> 00:20:09,570

you see a very disturbing photograph a

478

00:20:05,620 --> 00:20:13,330

bat and then on the 24th of August 1929

479

00:20:09,570 --> 00:20:15,340

Hebron Massacre the newspaper headline

480

00:20:13,330 --> 00:20:17,290

on the right tells the story on the left

481

00:20:15,340 --> 00:20:20,320

you see a photo of a synagogue and

482

00:20:17,290 --> 00:20:22,660

cabrón that was completely sacked and

483

00:20:20,320 --> 00:20:24,760

I'll go back to Harry Luke the

484

00:20:22,660 --> 00:20:27,970

number-two official in the British

485

00:20:24,760 --> 00:20:30,490

government to his diary he notes that on

486

00:20:27,970 --> 00:20:32,410

August 29th a few days after the riot

487

00:20:30,490 --> 00:20:34,390

the High Commissioner Sir John

488

00:20:32,410 --> 00:20:37,510

Chancellor returned to Palestine

489

00:20:34,390 --> 00:20:39,760

Chancellor had been on home leave Luke

490

00:20:37,510 --> 00:20:42,040

pasted into his diary this article from

491

00:20:39,760 --> 00:20:44,560

The Times of London describing Luke's

492

00:20:42,040 --> 00:20:46,780

visit on September 1 been a week after

493

00:20:44,560 --> 00:20:48,760

the riots to Hebron describing the

494

00:20:46,780 --> 00:20:51,040

violence that occurred and I want to

495

00:20:48,760 --> 00:20:53,050

call your attention to this handwritten

496

00:20:51,040 --> 00:20:55,690

comment that Luke made in the in the

497

00:20:53,050 --> 00:20:59,230

bottom at the lower right he says many

498

00:20:55,690 --> 00:21:02,650

Christian homes in Jerusalem and some

499

00:20:59,230 --> 00:21:05,940

Jewish ones have painted large crosses

500

00:21:02,650 --> 00:21:09,220

on their outer walls been imagined

501

00:21:05,940 --> 00:21:11,080

evoking memories of the of the Haggadah

502

00:21:09,220 --> 00:21:14,230

and a tenth plague in the Jews marking

503

00:21:11,080 --> 00:21:16,720

their doors very very dramatic here is

504

00:21:14,230 --> 00:21:20,200

John Chancellor the High Commissioner

505

00:21:16,720 --> 00:21:22,570

the Jewish ambassador to Palestine he

506

00:21:20,200 --> 00:21:24,790

returned as we saw on August the 29th

507

00:21:22,570 --> 00:21:27,820

and on September 1 issued this

508

00:21:24,790 --> 00:21:31,120

proclamation which essentially condemned

509

00:21:27,820 --> 00:21:33,460

the Palestinian Arabs for perpetrating

510

00:21:31,120 --> 00:21:36,700

savage murders on defenseless members of

511

00:21:33,460 --> 00:21:39,400

the Jewish population in Hebron well the

512

00:21:36,700 --> 00:21:42,220

Palestinian Arabs did not take kindly to

513

00:21:39,400 --> 00:21:44,650

this Proclamation they were very very

514

00:21:42,220 --> 00:21:46,810

upset they demanded the right to be

515

00:21:44,650 --> 00:21:49,510

heard they demanded the right to present

516

00:21:46,810 --> 00:21:51,640

their grievances they demanded the right

517

00:21:49,510 --> 00:21:53,530

to begin to talk about what they viewed

518

00:21:51,640 --> 00:21:55,900

as the injustice that had been

519

00:21:53,530 --> 00:21:58,750

perpetrated upon them when the British

520

00:21:55,900 --> 00:22:01,180

government violated McMahon's pledge and

521

00:21:58,750 --> 00:22:03,640

issued the Balfour Declaration and hind

522

00:22:01,180 --> 00:22:06,850

bites Minh in London the leader of the

523

00:22:03,640 --> 00:22:09,340

Jewish Agency likewise demanded a trial

524

00:22:06,850 --> 00:22:11,670

veidt's Minh demanded that outside

525

00:22:09,340 --> 00:22:13,900

lawyers be allowed to go to Jerusalem to

526

00:22:11,670 --> 00:22:14,250

cross-examine the officials of the local

527

00:22:13,900 --> 00:22:16,290

British

528

00:22:14,250 --> 00:22:18,210

government to essentially put them on

529

00:22:16,290 --> 00:22:21,920

trial and the High Commissioner

530

00:22:18,210 --> 00:22:25,320

Chancellor in his diary just a couple of

531

00:22:21,920 --> 00:22:28,680

weeks later in October of 1929

532

00:22:25,320 --> 00:22:30,900

I wrote under present conditions I know

533

00:22:28,680 --> 00:22:33,450

of no one who would be a good High

534

00:22:30,900 --> 00:22:35,130

Commissioner of Palestine except God

535

00:22:33,450 --> 00:22:37,380

this will give you an idea of the

536

00:22:35,130 --> 00:22:40,380

pressure that Chancellor was feeling and

537

00:22:37,380 --> 00:22:43,110

even more so October 24 he writes I am

538

00:22:40,380 --> 00:22:45,240

so tired and so disgusted with this

539

00:22:43,110 --> 00:22:47,880

country and everything connected with it

540

00:22:45,240 --> 00:22:51,380

that I only want to leave it as soon as

541

00:22:47,880 --> 00:22:53,910

can do so with that failing in my duty

542

00:22:51,380 --> 00:22:56,820

imagine this is the highest British

543

00:22:53,910 --> 00:22:59,550

official in Palestine who wants nothing

544

00:22:56,820 --> 00:23:02,790

more than to leave because he's under so

545

00:22:59,550 --> 00:23:05,130

much pressure to convene a trial a trial

546

00:23:02,790 --> 00:23:08,280

by the way in which his own government

547

00:23:05,130 --> 00:23:10,310

would become a defendant along with the

548

00:23:08,280 --> 00:23:13,050

Palestinian Arabs as against the

549

00:23:10,310 --> 00:23:15,720

accusations of the Palestinian Jewish

550

00:23:13,050 --> 00:23:18,510

population and so our first trial takes

551

00:23:15,720 --> 00:23:21,540

place under the leadership of Walter

552

00:23:18,510 --> 00:23:23,760

Shaw an obscure colonial judge who was

553

00:23:21,540 --> 00:23:25,800

sent to Palestine along with these three

554

00:23:23,760 --> 00:23:27,450

other members of the Commission

555

00:23:25,800 --> 00:23:28,920

representing each of the three main

556

00:23:27,450 --> 00:23:31,230

British political parties in the

557

00:23:28,920 --> 00:23:33,630

parliament and this fellow Thomas Loyd

558

00:23:31,230 --> 00:23:37,590

who acted as the secretary for the

559

00:23:33,630 --> 00:23:40,110

Commission the Jewish side hired the

560

00:23:37,590 --> 00:23:42,360

same Sir Boyd merry men who was one of

561

00:23:40,110 --> 00:23:43,620

the two authors of the legal opinion

562

00:23:42,360 --> 00:23:45,270

that I talked about earlier the

563

00:23:43,620 --> 00:23:46,560

government had changed he was no longer

564

00:23:45,270 --> 00:23:49,140

the Solicitor General

565

00:23:46,560 --> 00:23:52,320

veidt's Minh wanted the very best lawyer

566

00:23:49,140 --> 00:23:55,650

he could find in the UK and so he paid

567

00:23:52,320 --> 00:23:58,170

Mary men an enormous fee of fifty

568

00:23:55,650 --> 00:24:01,530

thousand British pounds plus expenses

569

00:23:58,170 --> 00:24:05,040

to go to Palestine to be the lawyer for

570

00:24:01,530 --> 00:24:07,560

the Jewish side the Palestine government

571

00:24:05,040 --> 00:24:10,290

the local government as I said was also

572

00:24:07,560 --> 00:24:12,450

put on trial here you see the lead

573

00:24:10,290 --> 00:24:14,940

attorney for the Palestine government

574

00:24:12,450 --> 00:24:15,960

Ken elm preety who came from the UK to

575

00:24:14,940 --> 00:24:18,600

represent them

576

00:24:15,960 --> 00:24:21,330

his co-counsel Robert Drayton the

577

00:24:18,600 --> 00:24:22,980

Solicitor General you might ask where

578

00:24:21,330 --> 00:24:25,110

was the Attorney General of Palestine

579

00:24:22,980 --> 00:24:27,210

well he was a Jew named Norman bent

580

00:24:25,110 --> 00:24:30,360

which and the High Commissioner

581

00:24:27,210 --> 00:24:33,419

ordered him to be recused because of his

582

00:24:30,360 --> 00:24:35,850

Pro Zionist sentiment here you see all

583

00:24:33,419 --> 00:24:38,220

of the British police officers who

584

00:24:35,850 --> 00:24:39,260

testified during the trial before the

585

00:24:38,220 --> 00:24:42,779

Shaw Commission

586

00:24:39,260 --> 00:24:44,940

this is Ione Bay Abdulhadi shown a few

587

00:24:42,779 --> 00:24:48,539

years later he was the lawyer for the

588

00:24:44,940 --> 00:24:52,289

Palestinian Arabs and urbane brilliant

589

00:24:48,539 --> 00:24:55,049

lawyer trained in Beirut spoke fluent

590

00:24:52,289 --> 00:24:58,049

French and Arabic and he actually made

591

00:24:55,049 --> 00:24:59,010

mincemeat of sir void Merriman and

592

00:24:58,049 --> 00:25:01,710

here's why

593

00:24:59,010 --> 00:25:04,820

um merry-men the lawyer for the Jewish

594

00:25:01,710 --> 00:25:09,120

side showed up in Jerusalem intent on

595

00:25:04,820 --> 00:25:11,909

attacking the local British authorities

596

00:25:09,120 --> 00:25:15,600

for not doing enough to protect the Jews

597

00:25:11,909 --> 00:25:17,970

against the riots that occurred the role

598

00:25:15,600 --> 00:25:20,010

of the Commission at least in terms of

599

00:25:17,970 --> 00:25:22,529

its terms of reference was simply to

600

00:25:20,010 --> 00:25:25,070

figure out who is to blame for the riots

601

00:25:22,529 --> 00:25:27,179

but Abdul Hadi very brilliantly

602

00:25:25,070 --> 00:25:29,370

convinced the Commission that it needed

603

00:25:27,179 --> 00:25:31,710

to broaden the scope of the inquiry that

604

00:25:29,370 --> 00:25:34,440

it needed to look at the so-called state

605

00:25:31,710 --> 00:25:36,990

of mind of the local Palestinian Arab

606

00:25:34,440 --> 00:25:38,700

population that it needed to look at the

607

00:25:36,990 --> 00:25:41,429

grievances in the sense of injustice

608

00:25:38,700 --> 00:25:43,230

that the Palestinian Arabs felt when the

609

00:25:41,429 --> 00:25:45,450

British government had effectively

610

00:25:43,230 --> 00:25:47,490

stabbed the Palestinian Arabs in the

611

00:25:45,450 --> 00:25:50,669

back by issuing the Balfour Declaration

612

00:25:47,490 --> 00:25:54,090

and undermining the pledges that McMahon

613

00:25:50,669 --> 00:25:57,690

had made to Hussein and merry-men fell

614

00:25:54,090 --> 00:26:00,480

right into the trap because not only by

615

00:25:57,690 --> 00:26:03,600

attacking the local British authorities

616

00:26:00,480 --> 00:26:06,600

did he drive them into the arms of the

617

00:26:03,600 --> 00:26:08,460

of the Palestinian Arabs creating more

618

00:26:06,600 --> 00:26:11,220

or less a tacit alliance between the

619

00:26:08,460 --> 00:26:13,529

Palestinian Arabs and the local British

620

00:26:11,220 --> 00:26:16,710

authorities but when merry-men had a

621

00:26:13,529 --> 00:26:18,870

chance to cross-examine the mufti who is

622

00:26:16,710 --> 00:26:22,230

the lead witness that I only Bey called

623

00:26:18,870 --> 00:26:24,090

to testify about the Palestinian

624

00:26:22,230 --> 00:26:26,460

grievances in the Palestinian state of

625

00:26:24,090 --> 00:26:30,059

mind when Merryman cross-examined him

626

00:26:26,460 --> 00:26:32,490

all he did was simply feed the narrative

627

00:26:30,059 --> 00:26:34,100

here at put a couple of questions for

628

00:26:32,490 --> 00:26:36,750

you this is from Merriman's

629

00:26:34,100 --> 00:26:38,850

cross-examination he says to the mufti

630

00:26:36,750 --> 00:26:41,059

do you truly believe the Jews intend to

631

00:26:38,850 --> 00:26:43,399

take a laksa

632

00:26:41,059 --> 00:26:45,499

do you really believe the Jews intend to

633

00:26:43,399 --> 00:26:49,549

take the actual Temple Mount Kurama Rhea

634

00:26:45,499 --> 00:26:51,860

yes and so Merryman rather than using

635

00:26:49,549 --> 00:26:55,580

his cross-examination to help his

636

00:26:51,860 --> 00:26:59,210

clients prove their case actually helped

637

00:26:55,580 --> 00:27:03,049

on eBay prove his case and so this trial

638

00:26:59,210 --> 00:27:05,870

this first trial became much more a

639

00:27:03,049 --> 00:27:08,720

trial pitting Palestinian Arab

640

00:27:05,870 --> 00:27:12,860

nationalism against Zionism than merely

641

00:27:08,720 --> 00:27:16,340

a judicial effort to lay blame for the

642

00:27:12,860 --> 00:27:18,379

riots merry-men did such a bad job in

643

00:27:16,340 --> 00:27:21,200

his closing argument he spent his entire

644

00:27:18,379 --> 00:27:23,779

argument attacking his opposing counsel

645

00:27:21,200 --> 00:27:26,360

rather than making his case and he

646

00:27:23,779 --> 00:27:28,490

actually ended his closing argument by

647

00:27:26,360 --> 00:27:31,190

closing his book and sitting down in all

648

00:27:28,490 --> 00:27:33,230

huff when he got into a dispute with one

649

00:27:31,190 --> 00:27:35,899

of the commissioners few months later

650

00:27:33,230 --> 00:27:37,369

the Commission rendered its verdict the

651

00:27:35,899 --> 00:27:39,440

Commission found that the immediate

652

00:27:37,369 --> 00:27:41,990

cause of the riots was that Jewish

653

00:27:39,440 --> 00:27:44,899

demonstration on the 15th of August that

654

00:27:41,990 --> 00:27:48,019

I talked about and the Commission also

655

00:27:44,899 --> 00:27:50,119

found that the Arab state of mind that I

656

00:27:48,019 --> 00:27:52,100

own eBay was so successful in

657

00:27:50,119 --> 00:27:54,470

introducing into evidence and that the

658

00:27:52,100 --> 00:27:56,659

most he was so persuasive and arguing in

659

00:27:54,470 --> 00:27:58,879

his testimony that the earth state of

660

00:27:56,659 --> 00:28:01,460

mind was a fundamental cause of the

661

00:27:58,879 --> 00:28:03,799

riots the Commission exonerated the

662

00:28:01,460 --> 00:28:06,169

mufti of any premeditation and the

663

00:28:03,799 --> 00:28:08,690

Commission found that the Muslims owned

664

00:28:06,169 --> 00:28:11,779

both the wall and the pavement

665

00:28:08,690 --> 00:28:13,909

interesting footnote by the way when the

666

00:28:11,779 --> 00:28:16,369

trial was over merriment went back to

667

00:28:13,909 --> 00:28:19,220

England hoping to become Lord Chancellor

668

00:28:16,369 --> 00:28:21,769

that didn't happen he served briefly

669

00:28:19,220 --> 00:28:24,379

again as Solicitor General and then was

670

00:28:21,769 --> 00:28:26,509

shunted off to a judicial position he

671

00:28:24,379 --> 00:28:29,330

became the chief judge of the divorce

672

00:28:26,509 --> 00:28:33,110

court in London but he played a very

673

00:28:29,330 --> 00:28:35,210

important role in a very very very very

674

00:28:33,110 --> 00:28:37,669

important divorce case a few years later

675

00:28:35,210 --> 00:28:40,580

he signed the side of the final divorce

676

00:28:37,669 --> 00:28:43,070

decree allowing Wallis Simpson to marry

677

00:28:40,580 --> 00:28:45,639

the recently abdicated Edward the eighth

678

00:28:43,070 --> 00:28:49,340

okay let's talk about the second trial

679

00:28:45,639 --> 00:28:51,049

this was convened in 1930 the British

680

00:28:49,340 --> 00:28:53,330

appointed three judges under the

681

00:28:51,049 --> 00:28:54,940

auspices of the League of Nations to

682

00:28:53,330 --> 00:28:57,820

conduct again.he

683

00:28:54,940 --> 00:29:00,130

trial in Jerusalem with witnesses

684

00:28:57,820 --> 00:29:02,350

testifying under oath cross-examination

685

00:29:00,130 --> 00:29:04,570

outside lawyers here you see the chair

686

00:29:02,350 --> 00:29:06,760

of the Commission Elio Lofgren from

687

00:29:04,570 --> 00:29:09,520

Sweden former justice minister

688

00:29:06,760 --> 00:29:11,620

this is Monsieur bard from Switzerland

689

00:29:09,520 --> 00:29:12,220

and this is a hairband campin from

690

00:29:11,620 --> 00:29:13,930

Holland

691

00:29:12,220 --> 00:29:16,570

three judges conducted a month-long

692

00:29:13,930 --> 00:29:19,000

trial this time veidt's minh did not

693

00:29:16,570 --> 00:29:21,610

send a British lawyer he hired dr.

694

00:29:19,000 --> 00:29:24,160

Mordechai le OSH the most prominent

695

00:29:21,610 --> 00:29:26,430

Jewish lawyer in Palestine the head of

696

00:29:24,160 --> 00:29:29,740

the Palestinian Jewish Bar Association

697

00:29:26,430 --> 00:29:32,260

Elias faced off again against own eBay

698

00:29:29,740 --> 00:29:34,690

abdul hadi the prominent palestinian

699

00:29:32,260 --> 00:29:37,690

arab lawyer on ebay in his opening

700

00:29:34,690 --> 00:29:40,990

statement argued that the Jews had no

701

00:29:37,690 --> 00:29:43,330

rights whatsoever to pray or do anything

702

00:29:40,990 --> 00:29:46,390

else at the western wall other than make

703

00:29:43,330 --> 00:29:48,220

be visit a touristic visit to the same

704

00:29:46,390 --> 00:29:49,590

extent as other tourists visiting

705

00:29:48,220 --> 00:29:52,750

Jerusalem

706

00:29:49,590 --> 00:29:54,730

Elias presented evidence that the Jews

707

00:29:52,750 --> 00:29:56,200

had been praying at the wall for

708

00:29:54,730 --> 00:29:59,950

centuries that the Jews had established

709

00:29:56,200 --> 00:30:02,020

a custom and a right to pray in easement

710

00:29:59,950 --> 00:30:04,120

if you will Elia showed the photo I

711

00:30:02,020 --> 00:30:06,070

showed you earlier where a portion of

712

00:30:04,120 --> 00:30:08,860

the pavement was in disrepair called

713

00:30:06,070 --> 00:30:10,840

witnesses to show that the Jews funded

714

00:30:08,860 --> 00:30:13,390

the repair of the pavement and in his

715

00:30:10,840 --> 00:30:15,640

closing argument very interestingly Elie

716

00:30:13,390 --> 00:30:18,370

OSH said I have made our position

717

00:30:15,640 --> 00:30:20,410

perfectly clear I've stated that the

718

00:30:18,370 --> 00:30:23,350

Jews have not come before the Commission

719

00:30:20,410 --> 00:30:25,840

to claim any right of ownership to the

720

00:30:23,350 --> 00:30:28,030

wall itself I have underlined - time and

721

00:30:25,840 --> 00:30:29,770

again that the sacredness of the wall

722

00:30:28,030 --> 00:30:32,110

the very reverence with which we

723

00:30:29,770 --> 00:30:34,660

pronounce its name the sanctity with

724

00:30:32,110 --> 00:30:38,050

which we treat it prevent us from using

725

00:30:34,660 --> 00:30:41,530

the term ownership Elly OSH clearly

726

00:30:38,050 --> 00:30:44,020

trying to persuade the judges not to

727

00:30:41,530 --> 00:30:46,840

render a verdict of ownership for the

728

00:30:44,020 --> 00:30:49,900

Muslims well Ellie Ashe didn't succeed

729

00:30:46,840 --> 00:30:52,450

but the Commission issued a split

730

00:30:49,900 --> 00:30:54,520

verdict finding that the Muslims owned

731

00:30:52,450 --> 00:30:56,860

both the wall and that narrow strip of

732

00:30:54,520 --> 00:30:59,410

pavement but also finding that the wall

733

00:30:56,860 --> 00:31:01,390

was sacred to the Jews as well as the

734

00:30:59,410 --> 00:31:04,000

Muslims and that the pavement was not

735

00:31:01,390 --> 00:31:06,340

sacred to the Muslims implying that the

736

00:31:04,000 --> 00:31:08,659

Muslims could not bar the Jews from

737

00:31:06,340 --> 00:31:12,769

coming to the pavement - in

738

00:31:08,659 --> 00:31:15,529

devotional practices at the wall but the

739

00:31:12,769 --> 00:31:17,690

judge is also found consistent with past

740

00:31:15,529 --> 00:31:19,609

practice under Turkish rule the Jews

741

00:31:17,690 --> 00:31:23,330

could not bring benches chairs or a

742

00:31:19,609 --> 00:31:27,200

screen they could only bring the Torah

743

00:31:23,330 --> 00:31:29,899

on special Shabbat services but not on

744

00:31:27,200 --> 00:31:32,210

regular a Shabbat aute they could bring

745

00:31:29,899 --> 00:31:34,099

prayer books but not the Torah and the

746

00:31:32,210 --> 00:31:36,679

judges ruled that the Jews were not

747

00:31:34,099 --> 00:31:39,830

allowed to blow the shofar at any time

748

00:31:36,679 --> 00:31:42,710

at the wall including Rosh Hashanah and

749

00:31:39,830 --> 00:31:44,960

Yom Kippur so that was the second trial

750

00:31:42,710 --> 00:31:47,419

the third trial was the so called

751

00:31:44,960 --> 00:31:49,190

Palestine Royal Commission or the peel

752

00:31:47,419 --> 00:31:51,649

Commission here you see Lord peel and

753

00:31:49,190 --> 00:31:55,220

the other commissioners sent by the King

754

00:31:51,649 --> 00:31:58,070

to Jerusalem again to conduct a lengthy

755

00:31:55,220 --> 00:32:00,019

trial outside lawyers weren't allowed to

756

00:31:58,070 --> 00:32:02,389

cross-examine witnesses but the

757

00:32:00,019 --> 00:32:04,070

commissioners themselves conducted very

758

00:32:02,389 --> 00:32:06,200

very lengthy cross examinations of

759

00:32:04,070 --> 00:32:09,080

witnesses and their terms of reference

760

00:32:06,200 --> 00:32:12,139

required them to really conduct a very

761

00:32:09,080 --> 00:32:13,820

searching inquiry as to whether or not

762

00:32:12,139 --> 00:32:16,039

Britain was complying with its

763

00:32:13,820 --> 00:32:18,499

obligations under the mandate and to

764

00:32:16,039 --> 00:32:21,919

look at the grievances of both the

765

00:32:18,499 --> 00:32:25,820

Palestinian Arabs as well as the local

766

00:32:21,919 --> 00:32:29,629

Jews Ione Bay and the mufti who had

767

00:32:25,820 --> 00:32:31,249

begun in the first trial creating the

768

00:32:29,629 --> 00:32:33,830

Palestinian narrative about injustice

769

00:32:31,249 --> 00:32:36,799

the Palestinian narrative of grievance

770

00:32:33,830 --> 00:32:38,509

which we have continued to hear to this

771

00:32:36,799 --> 00:32:40,909

very day in which the Palestinian

772

00:32:38,509 --> 00:32:41,779

lawyers have so effectively argued to

773

00:32:40,909 --> 00:32:44,299

this very day

774

00:32:41,779 --> 00:32:46,970

that continued in this trial as both

775

00:32:44,299 --> 00:32:50,149

Ione Bay and the mufti testified his

776

00:32:46,970 --> 00:32:51,739

witnesses but most of the testimony more

777

00:32:50,149 --> 00:32:54,320

than half the testimony the Commission

778

00:32:51,739 --> 00:32:56,809

heard was taken secretly a Winston

779

00:32:54,320 --> 00:32:59,029

Churchill testified in secret the most

780

00:32:56,809 --> 00:33:01,729

important witness who testified secretly

781

00:32:59,029 --> 00:33:04,759

was vice Minh himself Weitzman did not

782

00:33:01,729 --> 00:33:07,700

testify in the first two trials but he

783

00:33:04,759 --> 00:33:10,129

came to Jerusalem and testified multiple

784

00:33:07,700 --> 00:33:12,049

times before the peel Commission here

785

00:33:10,129 --> 00:33:16,639

you seeing you see him arriving on a

786

00:33:12,049 --> 00:33:18,859

cold January morning January 8 1937 many

787

00:33:16,639 --> 00:33:21,109

of you will recognize where this is King

788

00:33:18,859 --> 00:33:22,290

David hotel on one side the YMCA

789

00:33:21,109 --> 00:33:25,530

building on the other

790

00:33:22,290 --> 00:33:29,310

and it was this moment during bites

791

00:33:25,530 --> 00:33:31,890

Ben's secret testimony before the peel

792

00:33:29,310 --> 00:33:34,980

Commission that the idea of the

793

00:33:31,890 --> 00:33:36,780

two-state solution was born one of the

794

00:33:34,980 --> 00:33:39,710

commissioners professor Copeland a

795

00:33:36,780 --> 00:33:42,420

professor from Oxford kind of sprung on

796

00:33:39,710 --> 00:33:45,510

Weitzman the following question in which

797

00:33:42,420 --> 00:33:48,600

he says Copeland says wouldn't it be a

798

00:33:45,510 --> 00:33:51,090

fair and produce a final and peaceful

799

00:33:48,600 --> 00:33:53,390

settlement to terminate the mandate and

800

00:33:51,090 --> 00:33:57,150

split Palestine into two halves

801

00:33:53,390 --> 00:33:59,490

this was the origination of the

802

00:33:57,150 --> 00:34:02,040

two-state solution in this very moment

803

00:33:59,490 --> 00:34:04,080

veidt's Minh confided later in Albert

804

00:34:02,040 --> 00:34:07,410

Einstein that he was completely stunned

805

00:34:04,080 --> 00:34:10,320

by the question and note vitamines

806

00:34:07,410 --> 00:34:13,320

answer he doesn't say yes he doesn't say

807

00:34:10,320 --> 00:34:15,810

no he very carefully says permit me not

808

00:34:13,320 --> 00:34:18,300

to give a definite answer now let me

809

00:34:15,810 --> 00:34:20,280

think of it or think about it and when

810

00:34:18,300 --> 00:34:22,740

bites been confided in Albert Einstein a

811

00:34:20,280 --> 00:34:25,380

few months later in a letter to to

812

00:34:22,740 --> 00:34:27,720

Einstein Weitzman said the more I think

813

00:34:25,380 --> 00:34:30,390

about it the more I liked the idea in

814

00:34:27,720 --> 00:34:33,360

fact I was thrilled to be there at the

815

00:34:30,390 --> 00:34:35,960

creation of the idea eventually the peel

816

00:34:33,360 --> 00:34:39,120

Commission in 1937 issued its report

817

00:34:35,960 --> 00:34:41,730

recommending a two-state solution the

818

00:34:39,120 --> 00:34:43,770

green area here for the Jews the orange

819

00:34:41,730 --> 00:34:45,990

for the Palestinian Arabs Britain

820

00:34:43,770 --> 00:34:48,060

retaining a corridor a land corridor

821

00:34:45,990 --> 00:34:50,340

connecting the port of Jaffa to

822

00:34:48,060 --> 00:34:52,440

Jerusalem and Bethlehem and you see here

823

00:34:50,340 --> 00:34:55,020

the map on the right of the modern-day

824

00:34:52,440 --> 00:34:58,470

borders of Israel and the Palestinian

825

00:34:55,020 --> 00:35:00,090

areas of Gaza the peel Commission also

826

00:34:58,470 --> 00:35:01,950

addressed in his final report the

827

00:35:00,090 --> 00:35:04,200

controversy about the McMahon Hussein

828

00:35:01,950 --> 00:35:06,810

correspondence finding that it was

829

00:35:04,200 --> 00:35:09,360

unfortunate that McMahon was not able to

830

00:35:06,810 --> 00:35:11,760

write his letter that October 24 1915

831

00:35:09,360 --> 00:35:14,100

letter more clearly McMahon though is

832

00:35:11,760 --> 00:35:16,310

still alive and a couple of weeks after

833

00:35:14,100 --> 00:35:19,110

the peel Commission issued its report

834

00:35:16,310 --> 00:35:22,560

McMahon came out publicly for the very

835

00:35:19,110 --> 00:35:24,900

first time since 1915 in a letter that

836

00:35:22,560 --> 00:35:27,870

he sent to The Times of London in which

837

00:35:24,900 --> 00:35:30,570

he said that it was his duty to say

838

00:35:27,870 --> 00:35:32,940

right now definitely and emphatically

839

00:35:30,570 --> 00:35:35,859

that in giving his pledge to King

840

00:35:32,940 --> 00:35:39,609

Hussein in 1915 it was not intended

841

00:35:35,859 --> 00:35:41,769

me to include Palestine in the area for

842

00:35:39,609 --> 00:35:43,839

Arab independence and that he had every

843

00:35:41,769 --> 00:35:45,789

reason to believe that King Hussein

844

00:35:43,839 --> 00:35:48,670

understood the Sharif Hussein understood

845

00:35:45,789 --> 00:35:50,440

that Palestine was not included in the

846

00:35:48,670 --> 00:35:52,569

pledge the one would think that this

847

00:35:50,440 --> 00:35:54,309

would have been the end of the story but

848

00:35:52,569 --> 00:35:56,799

the Palestinian Arab lawyers very

849

00:35:54,309 --> 00:35:59,529

effectively argued and continued to

850

00:35:56,799 --> 00:36:01,630

argue with great effect that the intent

851

00:35:59,529 --> 00:36:03,190

of the party is not relevant in

852

00:36:01,630 --> 00:36:06,309

construing the meaning of an ambiguous

853

00:36:03,190 --> 00:36:08,230

document and then in fact ambiguity

854

00:36:06,309 --> 00:36:11,920

should be construed against the drafter

855

00:36:08,230 --> 00:36:14,170

namely ambassador McMahon okay well let

856

00:36:11,920 --> 00:36:17,619

me wrap up by describing three

857

00:36:14,170 --> 00:36:20,140

settlement proposals that occurred very

858

00:36:17,619 --> 00:36:22,779

quickly on the heels of the August 24

859

00:36:20,140 --> 00:36:24,099

abroad massacre no discussion of legal

860

00:36:22,779 --> 00:36:26,170

issues would be complete without

861

00:36:24,099 --> 00:36:28,690

discussing attempts by the parties to

862

00:36:26,170 --> 00:36:31,839

arrive at a settlement and amazingly

863

00:36:28,690 --> 00:36:35,739

within this three day period August 26

864

00:36:31,839 --> 00:36:38,499

to 29 1929 we had three separate

865

00:36:35,739 --> 00:36:40,630

settlement proposals have floated by the

866

00:36:38,499 --> 00:36:44,019

British government the first one August

867

00:36:40,630 --> 00:36:45,940

26 the Behrend Felix dim NSA from

868

00:36:44,019 --> 00:36:48,910

Alexandria Egypt a very prominent

869

00:36:45,940 --> 00:36:50,739

Egyptian Jew a met with an official at

870

00:36:48,910 --> 00:36:53,739

the British Embassy in Paris proposing

871

00:36:50,739 --> 00:36:55,989

that the Jews by that area the Mogra be

872

00:36:53,739 --> 00:36:57,789

quarter in front of the wall three days

873

00:36:55,989 --> 00:37:00,190

later Pincus Ruttenberg the most

874

00:36:57,789 --> 00:37:01,779

prominent Palestinian Jewish businessman

875

00:37:00,190 --> 00:37:03,759

chairman of the Palestine Electric

876

00:37:01,779 --> 00:37:05,920

Company proposed to the British

877

00:37:03,759 --> 00:37:08,049

government that Britain expropriate the

878

00:37:05,920 --> 00:37:10,089

Mogra be quarter and then sell it to the

879

00:37:08,049 --> 00:37:12,279

Jews so sort of a two-step transaction

880

00:37:10,089 --> 00:37:15,249

versus the one step proposed by minus a

881

00:37:12,279 --> 00:37:18,579

and then most amazingly never ever

882

00:37:15,249 --> 00:37:22,539

before revealed was a proposal by Prince

883

00:37:18,579 --> 00:37:25,210

Mohammed Ali Pasha of Egypt to sell the

884

00:37:22,539 --> 00:37:27,999

wall to the Jews to sell it for a

885

00:37:25,210 --> 00:37:29,289

hundred thousand British pounds that's

886

00:37:27,999 --> 00:37:31,089

never happened before

887

00:37:29,289 --> 00:37:33,880

and it's never happened since so let's

888

00:37:31,089 --> 00:37:36,309

talk about all three very quickly this

889

00:37:33,880 --> 00:37:38,039

is a letter from the British Embassy in

890

00:37:36,309 --> 00:37:41,440

Paris to the Foreign Office in London

891

00:37:38,039 --> 00:37:44,230

reporting on the meeting with the Baron

892

00:37:41,440 --> 00:37:45,970

Felix Dumanis a from the Israeli is

893

00:37:44,230 --> 00:37:48,579

Israelite community in Alexandria

894

00:37:45,970 --> 00:37:49,670

proposing the purchase of the Mogra

895

00:37:48,579 --> 00:37:52,520

quarter

896

00:37:49,670 --> 00:37:55,059

this is a actual plan that Pinkins

897

00:37:52,520 --> 00:37:57,559

Ruttenberg presented to Lord reading

898

00:37:55,059 --> 00:38:00,079

Rufus Isaacs a very very prominent

899

00:37:57,559 --> 00:38:03,740

British Jew for the expropriation of the

900

00:38:00,079 --> 00:38:05,930

Mugabe quarter and Lord reading endorsed

901

00:38:03,740 --> 00:38:07,280

the proposal and sent a cover letter to

902

00:38:05,930 --> 00:38:09,609

the Prime Minister the next day on

903

00:38:07,280 --> 00:38:13,010

August 30th endorsing the expropriation

904

00:38:09,609 --> 00:38:16,250

proposal and now let me come to Prince

905

00:38:13,010 --> 00:38:18,799

Mohammed Ali Pasha in 1929

906

00:38:16,250 --> 00:38:21,109

Mohammed Ali Pasha felt that he was

907

00:38:18,799 --> 00:38:23,599

going to become the king of Egypt he was

908

00:38:21,109 --> 00:38:25,520

the uncle of the future King Farouk and

909

00:38:23,599 --> 00:38:27,890

ended up becoming the chief Regent to

910

00:38:25,520 --> 00:38:29,869

the future King Farouk Ali Pasha

911

00:38:27,890 --> 00:38:33,079

described as a very urbane very

912

00:38:29,869 --> 00:38:35,329

sophisticated person had built the Monty

913

00:38:33,079 --> 00:38:38,809

Hall palace on Rhoda Island in the Nile

914

00:38:35,329 --> 00:38:42,460

River in Cairo and after the Kuran

915

00:38:38,809 --> 00:38:44,990

massacre of five days later on August 29

916

00:38:42,460 --> 00:38:48,079

Mohammed Ali Pasha walked into the

917

00:38:44,990 --> 00:38:49,970

British Embassy in Istanbul presented

918

00:38:48,079 --> 00:38:53,359

his calling card to the British

919

00:38:49,970 --> 00:38:56,599

ambassador Sir George clerk and gave

920

00:38:53,359 --> 00:38:58,369

clerk a letter addressed to Chancellor

921

00:38:56,599 --> 00:39:01,190

the High Commissioner in Jerusalem and

922

00:38:58,369 --> 00:39:03,440

asked clerk to forward the letter to the

923

00:39:01,190 --> 00:39:05,270

High Commissioner in Jerusalem the

924

00:39:03,440 --> 00:39:07,040

letter proposing that instead of

925

00:39:05,270 --> 00:39:09,349

fighting or dealing unjustly with each

926

00:39:07,040 --> 00:39:11,690

other it would be infinitely better to

927

00:39:09,349 --> 00:39:14,240

come to an understanding and what would

928

00:39:11,690 --> 00:39:16,099

be that understanding let the Jews by

929

00:39:14,240 --> 00:39:19,099

the wall for a hundred thousand pounds

930

00:39:16,099 --> 00:39:20,210

and I feel sure that this would settle

931

00:39:19,099 --> 00:39:23,210

the difference

932

00:39:20,210 --> 00:39:25,880

well clerk the ambassador in Istanbul

933

00:39:23,210 --> 00:39:28,849

did not send Mohammed Ali Pasha's letter

934

00:39:25,880 --> 00:39:30,650

to his colleague in Jerusalem instead he

935

00:39:28,849 --> 00:39:32,960

sent it directly to the Foreign Minister

936

00:39:30,650 --> 00:39:35,180

Arthur Henderson in London a few days

937

00:39:32,960 --> 00:39:38,270

later saying that he's received a visit

938

00:39:35,180 --> 00:39:40,430

from Prince Mohammed Ali Pasha and clerk

939

00:39:38,270 --> 00:39:43,400

basically saying I'm not so sure that

940

00:39:40,430 --> 00:39:45,589

this idea of the Jews buying the wall

941

00:39:43,400 --> 00:39:47,839

would be acceptable to the Muslims in

942

00:39:45,589 --> 00:39:50,750

Jerusalem even for his fancy a price as

943

00:39:47,839 --> 00:39:52,309

a hundred thousand pounds the letter was

944

00:39:50,750 --> 00:39:54,380

received in London at the Foreign Office

945

00:39:52,309 --> 00:39:56,839

and filed in this file right here that

946

00:39:54,380 --> 00:39:59,750

I'm showing you an official in the

947

00:39:56,839 --> 00:40:02,089

foreign office named WC Knight wrote

948

00:39:59,750 --> 00:40:03,089

kind of a sarcastic minute here on the

949

00:40:02,089 --> 00:40:05,069

file he said

950

00:40:03,089 --> 00:40:07,619

it would appear from the last paragraph

951

00:40:05,069 --> 00:40:09,690

of the princes letter that while the

952

00:40:07,619 --> 00:40:11,819

Jerusalem Arabs would scorn to sell

953

00:40:09,690 --> 00:40:13,739

their honored sheep they would probably

954

00:40:11,819 --> 00:40:16,499

be prepared to do so for a hundred

955

00:40:13,739 --> 00:40:19,469

thousand pounds well it didn't happen

956

00:40:16,499 --> 00:40:21,239

the letter was simply filed away here

957

00:40:19,469 --> 00:40:25,229

you see the entry in the Foreign Office

958

00:40:21,239 --> 00:40:27,900

index for 1929 suggested sale of wall to

959

00:40:25,229 --> 00:40:31,140

Jews by Muslims proposal of Prince

960

00:40:27,900 --> 00:40:33,509

Mohammed Ali Pasha no one ever found out

961

00:40:31,140 --> 00:40:36,359

about this there is no evidence that

962

00:40:33,509 --> 00:40:39,630

anyone ever knew about this the letter

963

00:40:36,359 --> 00:40:42,839

from Mohammed Ali Pasha lay buried in

964

00:40:39,630 --> 00:40:45,390

the files of the British archives for

965

00:40:42,839 --> 00:40:47,700

the next 90 years I found it a couple of

966

00:40:45,390 --> 00:40:50,450

years ago I published a long article

967

00:40:47,700 --> 00:40:53,670

about it a few weeks ago and it's also

968

00:40:50,450 --> 00:40:56,180

in my book I'm very proud that I found

969

00:40:53,670 --> 00:40:58,769

it because this shows that although

970

00:40:56,180 --> 00:41:00,269

Muhammad Ali Pasha did not really have

971

00:40:58,769 --> 00:41:02,640

standing he didn't have the legal

972

00:41:00,269 --> 00:41:05,190

authority to sell the wall to the Jews

973

00:41:02,640 --> 00:41:06,930

he was thinking creatively about a

974

00:41:05,190 --> 00:41:10,079

solution just as Bites Minh thought

975

00:41:06,930 --> 00:41:12,450

creatively during his testimony to the

976

00:41:10,079 --> 00:41:16,079

Royal Commission about a creative way to

977

00:41:12,450 --> 00:41:18,420

solve the problem and so with that this

978

00:41:16,079 --> 00:41:20,910

is the cover of my book and I will thank

979

00:41:18,420 --> 00:41:23,369

you all so very very much for attending

980

00:41:20,910 --> 00:41:26,489

today I'd love to hear your questions

981

00:41:23,369 --> 00:41:28,200

I'll stop the share here and turn it

982

00:41:26,489 --> 00:41:30,960

back to Professor Spiegel thank you all

983

00:41:28,200 --> 00:41:33,749

again very very much wow what a

984

00:41:30,960 --> 00:41:35,549

fascinating discussion and we've got

985

00:41:33,749 --> 00:41:40,489

some very interesting questions already

986

00:41:35,549 --> 00:41:43,680

arrived and in case you do not remember

987

00:41:40,489 --> 00:41:45,509

in our audience or joined us late here's

988

00:41:43,680 --> 00:41:49,589

how to send a question for our speaker

989

00:41:45,509 --> 00:41:53,579

click on the Q&A button if you're with

990

00:41:49,589 --> 00:41:57,930

us via Zoom click on the Q&A button if

991

00:41:53,579 --> 00:41:59,999

you're with us the Zoom unfortunately if

992

00:41:57,930 --> 00:42:02,819

you're watching us through YouTube the

993

00:41:59,999 --> 00:42:04,859

comments are disabled and let me just

994

00:42:02,819 --> 00:42:06,660

say something haven't having looked at a

995

00:42:04,859 --> 00:42:06,979

couple of questions that have come in so

996

00:42:06,660 --> 00:42:13,170

far

997

00:42:06,979 --> 00:42:15,710

I would just like to mention that we're

998

00:42:13,170 --> 00:42:18,840

going to take first the questions that

999

00:42:15,710 --> 00:42:21,900

exactly to what professors or Christine

1000

00:42:18,840 --> 00:42:27,180

has been discussing now several of you

1001

00:42:21,900 --> 00:42:29,400

want to give it a spin to the present

1002

00:42:27,180 --> 00:42:32,550

day and I understand that and I will try

1003

00:42:29,400 --> 00:42:35,940

to adjust your question so that also

1004

00:42:32,550 --> 00:42:37,950

relates to our presentation where

1005

00:42:35,940 --> 00:42:43,440

appropriate but a very interesting

1006

00:42:37,950 --> 00:42:50,900

question that we have and which we will

1007

00:42:43,440 --> 00:42:50,900

take immediately is one that deals with

1008

00:42:51,710 --> 00:42:59,070

that deals with Jerusalem itself and

1009

00:42:57,000 --> 00:43:05,520

particularly with with the wall so let

1010

00:42:59,070 --> 00:43:08,670

me read it it is is somewhat lengthy but

1011

00:43:05,520 --> 00:43:14,280

I think it's worth it is from Yvonne

1012

00:43:08,670 --> 00:43:18,210

Sherrer of Israel and it goes like this

1013

00:43:14,280 --> 00:43:20,730

you have used both Western Wall and

1014

00:43:18,210 --> 00:43:24,060

alternately Wailing Wall in describing

1015

00:43:20,730 --> 00:43:26,490

the Jewish holy site in these days I'm

1016

00:43:24,060 --> 00:43:29,760

adding that much later stages Israel's

1017

00:43:26,490 --> 00:43:32,100

Palestinian negotiations in 2002 of the

1018

00:43:29,760 --> 00:43:33,930

one as well as in the Clinton parameters

1019

00:43:32,100 --> 00:43:36,390

there was a clear distinction between

1020

00:43:33,930 --> 00:43:42,330

the two while western well-meant the

1021

00:43:36,390 --> 00:43:44,790

entirety of the remaining wall for and

1022

00:43:42,330 --> 00:43:47,910

atm above and below surface the Wailing

1023

00:43:44,790 --> 00:43:50,880

Wall men just the visible part above

1024

00:43:47,910 --> 00:43:52,560

ground minus 50 which one is legally

1025

00:43:50,880 --> 00:43:55,800

correct in substance and wording

1026

00:43:52,560 --> 00:43:59,090

according to your research Thank You

1027

00:43:55,800 --> 00:44:02,280

Gila fantastic question so back in the

1028

00:43:59,090 --> 00:44:04,170

1920s and 1930s you may have noticed

1029

00:44:02,280 --> 00:44:06,540

that the word was used interchangeably

1030

00:44:04,170 --> 00:44:07,890

the British used the word Western or

1031

00:44:06,540 --> 00:44:10,670

Wailing they used them sort of

1032

00:44:07,890 --> 00:44:14,580

synonymously and interchangeably the

1033

00:44:10,670 --> 00:44:15,960

plan that Ruttenberg submitted to Lord

1034

00:44:14,580 --> 00:44:18,810

reading I showed you that very quickly

1035

00:44:15,960 --> 00:44:21,750

used the word whaling so the distinction

1036

00:44:18,810 --> 00:44:24,930

that has arisen more recently which I

1037

00:44:21,750 --> 00:44:26,130

will be describing at length in my final

1038

00:44:24,930 --> 00:44:28,290

book of the series which will deal

1039

00:44:26,130 --> 00:44:28,980

solely with the legal status of

1040

00:44:28,290 --> 00:44:30,420

Jerusalem

1041

00:44:28,980 --> 00:44:32,339

the distinction that you make well

1042

00:44:30,420 --> 00:44:35,550

extraordinarily important was not made

1043

00:44:32,339 --> 00:44:37,950

in the days of the mandate thank you for

1044

00:44:35,550 --> 00:44:40,010

the question thank you I thank all of

1045

00:44:37,950 --> 00:44:43,440

you for so many questions coming in I

1046

00:44:40,010 --> 00:44:45,450

the next one is to me Harriet gerak I

1047

00:44:43,440 --> 00:44:47,220

hope I've got that pronunciation white

1048

00:44:45,450 --> 00:44:49,220

why why were there three investigations

1049

00:44:47,220 --> 00:44:54,150

and why wasn't the original decision

1050

00:44:49,220 --> 00:44:56,579

accepted um fantastic question the three

1051

00:44:54,150 --> 00:45:00,150

trials reflect the fact that the British

1052

00:44:56,579 --> 00:45:02,579

themselves repeatedly used the law

1053

00:45:00,150 --> 00:45:06,060

relied on the law relied on the law and

1054

00:45:02,579 --> 00:45:07,800

legal process as a way to carry out what

1055

00:45:06,060 --> 00:45:11,940

they viewed as their obligations as the

1056

00:45:07,800 --> 00:45:16,589

mandatory power in Palestine why was the

1057

00:45:11,940 --> 00:45:18,750

first verdict not accepted well clearly

1058

00:45:16,589 --> 00:45:20,579

the Jews were very very unhappy with the

1059

00:45:18,750 --> 00:45:22,530

verdict from the Shoah Commission the

1060

00:45:20,579 --> 00:45:25,320

Palestinian Arabs were were gleeful

1061

00:45:22,530 --> 00:45:29,609

about it and in many ways as I said

1062

00:45:25,320 --> 00:45:32,010

before that that trial the subtext of

1063

00:45:29,609 --> 00:45:34,920

that trial was much more about

1064

00:45:32,010 --> 00:45:39,060

Palestinian Arab nationalism versus I

1065

00:45:34,920 --> 00:45:40,890

anism than it was a judicial inquiry

1066

00:45:39,060 --> 00:45:44,310

into who was responsible for the riots

1067

00:45:40,890 --> 00:45:47,609

and following that trial the British

1068

00:45:44,310 --> 00:45:49,770

sent an expert John Hope Simpson to

1069

00:45:47,609 --> 00:45:52,170

Palestine to investigate in greater

1070

00:45:49,770 --> 00:45:54,480

detail the grievances of the Arabs

1071

00:45:52,170 --> 00:45:57,030

focusing specifically on Jewish land

1072

00:45:54,480 --> 00:45:59,790

acquisition and Jewish emigration that

1073

00:45:57,030 --> 00:46:01,589

led to the adoption of a white paper

1074

00:45:59,790 --> 00:46:03,180

called the passed field white paper and

1075

00:46:01,589 --> 00:46:05,460

then a subsequent more or less

1076

00:46:03,180 --> 00:46:08,160

retraction by Prime Minister Ramsay

1077

00:46:05,460 --> 00:46:10,140

MacDonald and so the the verdict of the

1078

00:46:08,160 --> 00:46:13,230

Shaw Commission really set in motion a

1079

00:46:10,140 --> 00:46:17,250

long chain of events during the 1930s

1080

00:46:13,230 --> 00:46:19,890

that pitted Palestinian Arab nationalism

1081

00:46:17,250 --> 00:46:21,750

against Zionism leading to the Arab

1082

00:46:19,890 --> 00:46:23,730

revolt that began in 1936

1083

00:46:21,750 --> 00:46:25,980

and then the peel Commission and the

1084

00:46:23,730 --> 00:46:29,190

partition plan that they proposed great

1085

00:46:25,980 --> 00:46:31,050

question thank you we're getting many

1086

00:46:29,190 --> 00:46:34,109

questions and comments let me read a

1087

00:46:31,050 --> 00:46:37,440

couple of comments one very sad from

1088

00:46:34,109 --> 00:46:39,599

Florence filmin who thanks you

1089

00:46:37,440 --> 00:46:41,339

professor superstein for explaining

1090

00:46:39,599 --> 00:46:42,880

those Jerusalem ayahs to us

1091

00:46:41,339 --> 00:46:46,180

she says her father

1092

00:46:42,880 --> 00:46:49,890

told told her that his uncle was one of

1093

00:46:46,180 --> 00:46:55,540

those killed in the riot so this comes

1094

00:46:49,890 --> 00:46:59,590

comes home in some ways another comment

1095

00:46:55,540 --> 00:47:02,620

and I don't have a name who and this

1096

00:46:59,590 --> 00:47:04,630

individual says I'm fascinated as an

1097

00:47:02,620 --> 00:47:09,100

Irishman to see British duplicity in

1098

00:47:04,630 --> 00:47:10,780

this whole affair and this analogy to

1099

00:47:09,100 --> 00:47:13,840

their actions in Northern Ireland is

1100

00:47:10,780 --> 00:47:16,030

this in the same period is strike is

1101

00:47:13,840 --> 00:47:18,820

striking do you have any comment on math

1102

00:47:16,030 --> 00:47:20,650

him well without really reference to the

1103

00:47:18,820 --> 00:47:24,700

Irish situation I would just say that it

1104

00:47:20,650 --> 00:47:26,560

is incredibly interesting when pouring

1105

00:47:24,700 --> 00:47:29,200

through the files of the Colonial Office

1106

00:47:26,560 --> 00:47:32,620

in the foreigner and office to see the

1107

00:47:29,200 --> 00:47:34,780

common thread of Britain really acting

1108

00:47:32,620 --> 00:47:37,870

in a very mucky million way to pursue

1109

00:47:34,780 --> 00:47:40,480

its own interests we see it in the 1920s

1110

00:47:37,870 --> 00:47:44,740

and 30s one thing I didn't mention was

1111

00:47:40,480 --> 00:47:47,320

that between the October 24 1915 McMahon

1112

00:47:44,740 --> 00:47:50,950

letter to Hussein and the November 2nd

1113

00:47:47,320 --> 00:47:52,900

1917 letter from Lord Balfour to Lord

1114

00:47:50,950 --> 00:47:55,240

Rothschild there was of course the

1115

00:47:52,900 --> 00:47:57,550

sykes-picot agreement in 1916 a secret

1116

00:47:55,240 --> 00:47:59,410

agreement between Britain and France to

1117

00:47:57,550 --> 00:48:01,780

carb up spheres of influence in the

1118

00:47:59,410 --> 00:48:04,060

Middle East after the war and we see it

1119

00:48:01,780 --> 00:48:07,570

going forward into the late 1930s when

1120

00:48:04,060 --> 00:48:10,020

Britain is very very focused on the

1121

00:48:07,570 --> 00:48:14,170

threat from Nazi Germany trying to

1122

00:48:10,020 --> 00:48:16,330

convince the Arabs in the region to not

1123

00:48:14,170 --> 00:48:18,370

join forces with the Nazis but to join

1124

00:48:16,330 --> 00:48:19,540

instead with the with the British

1125

00:48:18,370 --> 00:48:22,090

government I'll write about this

1126

00:48:19,540 --> 00:48:23,980

extensively in my next book and at the

1127

00:48:22,090 --> 00:48:26,410

same time don't forget that Britain

1128

00:48:23,980 --> 00:48:29,860

still is the colonial power throughout

1129

00:48:26,410 --> 00:48:32,470

this period 1920s 30s and early 40s in

1130

00:48:29,860 --> 00:48:34,930

India and the Muslim population in India

1131

00:48:32,470 --> 00:48:36,550

is greater than the entire Muslim

1132

00:48:34,930 --> 00:48:39,070

population in the Arab world at that

1133

00:48:36,550 --> 00:48:41,890

time and so Britain always has sort of

1134

00:48:39,070 --> 00:48:43,750

one eye on the situation in India as

1135

00:48:41,890 --> 00:48:45,130

it's navigating through the conflict

1136

00:48:43,750 --> 00:48:46,770

between the Arabs and the Jews and

1137

00:48:45,130 --> 00:48:49,540

Palestine

1138

00:48:46,770 --> 00:48:51,010

here's Scott Abramson the fellow there's

1139

00:48:49,540 --> 00:48:54,550

only one Center for Israel Studies

1140

00:48:51,010 --> 00:48:56,500

currently hidden since God knows a lot

1141

00:48:54,550 --> 00:48:58,660

about this be prepared

1142

00:48:56,500 --> 00:49:00,970

it has been argued that before Henry

1143

00:48:58,660 --> 00:49:03,270

Henry McMahon wrote the most

1144

00:49:00,970 --> 00:49:06,160

controversial letter in his

1145

00:49:03,270 --> 00:49:07,930

correspondence with Sharif Hussein the

1146

00:49:06,160 --> 00:49:10,450

letter that excludes part of the LaVon

1147

00:49:07,930 --> 00:49:12,280

from the future Arab Kingdom British

1148

00:49:10,450 --> 00:49:15,070

Foreign Secretary every degre sent a

1149

00:49:12,280 --> 00:49:16,390

telegram to macmaine advising ambiguity

1150

00:49:15,070 --> 00:49:18,850

but also allowing the Maine the

1151

00:49:16,390 --> 00:49:20,920

discretion to be more specific do you

1152

00:49:18,850 --> 00:49:24,840

believe that millions famously ambiguous

1153

00:49:20,920 --> 00:49:26,620

reference to portions of Syria was

1154

00:49:24,840 --> 00:49:30,190

intentional I've never heard this before

1155

00:49:26,620 --> 00:49:32,740

it's quite interesting yeah so this has

1156

00:49:30,190 --> 00:49:34,450

been written about fairly extensively le

1157

00:49:32,740 --> 00:49:36,040

Kaduri wrote a book about this and there

1158

00:49:34,450 --> 00:49:38,710

have been other scholars who have

1159

00:49:36,040 --> 00:49:44,650

written about this the British Foreign

1160

00:49:38,710 --> 00:49:47,830

Office also in 1930 a clerk named W

1161

00:49:44,650 --> 00:49:49,690

child wrote of seventy-five page memo

1162

00:49:47,830 --> 00:49:52,540

taking a very very deep dive into this

1163

00:49:49,690 --> 00:49:53,980

and well I don't want to take up too

1164

00:49:52,540 --> 00:49:57,130

much time answering this and Scott maybe

1165

00:49:53,980 --> 00:49:58,540

you and I can have lunch when we think

1166

00:49:57,130 --> 00:50:01,480

get back to normal and can sit down

1167

00:49:58,540 --> 00:50:03,820

together essentially the instructions to

1168

00:50:01,480 --> 00:50:06,190

McMahon were to do everything possible

1169

00:50:03,820 --> 00:50:09,010

to bring a hussein over to the British

1170

00:50:06,190 --> 00:50:12,700

side to convince him to rise up against

1171

00:50:09,010 --> 00:50:15,760

the Turks number one and number two and

1172

00:50:12,700 --> 00:50:18,340

this is what Kaduri argues that what

1173

00:50:15,760 --> 00:50:21,850

McMann was supposed to have said is that

1174

00:50:18,340 --> 00:50:26,110

when you do get your independence those

1175

00:50:21,850 --> 00:50:29,220

four towns Aleppo Homs Hama and Damascus

1176

00:50:26,110 --> 00:50:32,440

will be a part of the future Arab state

1177

00:50:29,220 --> 00:50:34,390

not to use this ambiguous language that

1178

00:50:32,440 --> 00:50:35,290

McMahon used that led to the arguments

1179

00:50:34,390 --> 00:50:37,710

for the next hundred and five years

1180

00:50:35,290 --> 00:50:40,450

about whether Palestine was or was not

1181

00:50:37,710 --> 00:50:42,580

included one more very important piece

1182

00:50:40,450 --> 00:50:44,530

of evidence was that Lord Grey who you

1183

00:50:42,580 --> 00:50:48,640

mentioned made a speech in the House of

1184

00:50:44,530 --> 00:50:52,090

Lords in 1923 more or less taking the

1185

00:50:48,640 --> 00:50:54,070

side of the the Faisal and Abdullah the

1186

00:50:52,090 --> 00:50:56,320

Palestinian Arabs who was I mentioned by

1187

00:50:54,070 --> 00:50:59,890

that time had changed their position and

1188

00:50:56,320 --> 00:51:01,980

we're very adamant that the Balfour

1189

00:50:59,890 --> 00:51:04,030

Declaration should be struck down and

1190

00:51:01,980 --> 00:51:06,310

after his speech in the House of Lords

1191

00:51:04,030 --> 00:51:07,990

Herbert Samuel then the High

1192

00:51:06,310 --> 00:51:10,090

Commissioner very interesting figure

1193

00:51:07,990 --> 00:51:12,430

himself Jewish but

1194

00:51:10,090 --> 00:51:14,320

inspected by the Jews of being not

1195

00:51:12,430 --> 00:51:15,910

sympathetic with Zionism suspected by

1196

00:51:14,320 --> 00:51:19,150

the Arabs of being a secret Zionist

1197

00:51:15,910 --> 00:51:21,760

agent Herbert Samuel wrote to General

1198

00:51:19,150 --> 00:51:24,940

Clayton who was on the staff of McMahon

1199

00:51:21,760 --> 00:51:26,440

in Cairo in 1915 and said to Clayton I

1200

00:51:24,940 --> 00:51:28,570

seem to remember that you were the one

1201

00:51:26,440 --> 00:51:30,850

that drafted those letters what do you

1202

00:51:28,570 --> 00:51:33,400

think did McMahon intend to include or

1203

00:51:30,850 --> 00:51:36,040

exclude Palestine Clayton wrote a memo

1204

00:51:33,400 --> 00:51:37,930

to Samuel saying yeah I did draft the

1205

00:51:36,040 --> 00:51:40,480

letters and yeah there was no intention

1206

00:51:37,930 --> 00:51:44,590

whatsoever to promise Palestine to the

1207

00:51:40,480 --> 00:51:47,410

Arabs and ultimately Samuel begged the

1208

00:51:44,590 --> 00:51:49,900

Royal Commission to publish that memo

1209

00:51:47,410 --> 00:51:52,900

the Clayton memo of 1923 in its report

1210

00:51:49,900 --> 00:51:54,430

the Royal Commission didn't and so a

1211

00:51:52,900 --> 00:51:56,050

couple of weeks after the world

1212

00:51:54,430 --> 00:51:58,650

Commission issued its report

1213

00:51:56,050 --> 00:52:02,290

Herbert Samuel who by then was a lord a

1214

00:51:58,650 --> 00:52:05,740

by count rose in the House of Lords and

1215

00:52:02,290 --> 00:52:08,260

read the Clayton memo verbatim and he

1216

00:52:05,740 --> 00:52:10,600

also read that letter of December 1919

1217

00:52:08,260 --> 00:52:16,120

fromthe I saw verbatim on the floor of

1218

00:52:10,600 --> 00:52:18,010

the House of Lords interesting I I'm not

1219

00:52:16,120 --> 00:52:20,590

sure the following is possible but Karin

1220

00:52:18,010 --> 00:52:22,390

freed asks can mr. superstein put the

1221

00:52:20,590 --> 00:52:25,630

chart of the legal conflicts on the

1222

00:52:22,390 --> 00:52:28,630

screen again I assume that we mean the

1223

00:52:25,630 --> 00:52:29,760

three trials and I will be happy to do

1224

00:52:28,630 --> 00:52:35,250

that

1225

00:52:29,760 --> 00:52:44,560

okay um as long as we can still see you

1226

00:52:35,250 --> 00:52:46,060

um sorry I'm just coming back to it it's

1227

00:52:44,560 --> 00:52:48,690

at the beginning more or less I've got

1228

00:52:46,060 --> 00:52:48,690

there momentarily

1229

00:52:52,510 --> 00:53:04,900

almost there and here we go right here

1230

00:52:59,830 --> 00:53:07,570

okay I think that's the chart yes we

1231

00:53:04,900 --> 00:53:10,750

can't keep it up too long in case we

1232

00:53:07,570 --> 00:53:15,010

need to see you but we hope this works

1233

00:53:10,750 --> 00:53:20,230

meanwhile uh let me read a note from dr.

1234

00:53:15,010 --> 00:53:24,610

Mohammed doula Maya from Oman and he

1235

00:53:20,230 --> 00:53:26,940

says he would like to thank you Steve

1236

00:53:24,610 --> 00:53:32,410

zipper teen for his wonderful

1237

00:53:26,940 --> 00:53:35,800

presentation uh I have another note from

1238

00:53:32,410 --> 00:53:38,890

Zayn kosis who says I am a Jordanian

1239

00:53:35,800 --> 00:53:40,960

Canadian and since Palestinians form

1240

00:53:38,890 --> 00:53:43,540

almost half of my community I am

1241

00:53:40,960 --> 00:53:45,550

interested in learning the history the

1242

00:53:43,540 --> 00:53:49,180

Balfour Declaration states nothing shall

1243

00:53:45,550 --> 00:53:50,650

be done which may cause prejudice which

1244

00:53:49,180 --> 00:53:52,990

may cause prejudice the civil and

1245

00:53:50,650 --> 00:53:55,600

religious rights of existing non-jewish

1246

00:53:52,990 --> 00:53:57,130

communities in Palestine this is

1247

00:53:55,600 --> 00:53:59,740

absolutely being violated by the

1248

00:53:57,130 --> 00:54:01,840

Zionists till this day how do we address

1249

00:53:59,740 --> 00:54:04,870

the issue of reimbursing stolen land and

1250

00:54:01,840 --> 00:54:07,180

property of the Palestinians in order to

1251

00:54:04,870 --> 00:54:10,270

correct the wrongs of the past and move

1252

00:54:07,180 --> 00:54:12,370

towards reconciliation I know it's a

1253

00:54:10,270 --> 00:54:14,680

tough question but what would life be

1254

00:54:12,370 --> 00:54:15,790

without tough questions yeah no I think

1255

00:54:14,680 --> 00:54:17,770

it's I think it's a very fair question

1256

00:54:15,790 --> 00:54:19,870

it's an excellent question I appreciate

1257

00:54:17,770 --> 00:54:22,480

it very much and it really makes the

1258

00:54:19,870 --> 00:54:24,880

point that I tried to make the very

1259

00:54:22,480 --> 00:54:29,710

beginning which is that the use of the

1260

00:54:24,880 --> 00:54:32,410

law as we just heard by the Palestinians

1261

00:54:29,710 --> 00:54:34,300

and by the the Jews is not a new

1262

00:54:32,410 --> 00:54:35,740

phenomenon that just happened in the

1263

00:54:34,300 --> 00:54:37,660

last fifteen years though there are a

1264

00:54:35,740 --> 00:54:41,860

lot of scholars out there that have

1265

00:54:37,660 --> 00:54:44,710

coined the term law fair to describe the

1266

00:54:41,860 --> 00:54:47,170

recent discovery by the Palestinians of

1267

00:54:44,710 --> 00:54:50,110

the law and as I tried to show you the

1268

00:54:47,170 --> 00:54:54,900

great Palestinian lawyer on e-bay Abdul

1269

00:54:50,110 --> 00:54:58,420

Hadi and the mufti they themselves

1270

00:54:54,900 --> 00:55:02,460

almost a hundred years ago began using

1271

00:54:58,420 --> 00:55:04,420

the law very very effectively and to

1272

00:55:02,460 --> 00:55:06,010

really come to the question about bail

1273

00:55:04,420 --> 00:55:08,440

for yes

1274

00:55:06,010 --> 00:55:10,720

the British government for years and

1275

00:55:08,440 --> 00:55:12,940

years took the position that the Balfour

1276

00:55:10,720 --> 00:55:16,150

Declaration imposed a so-called double

1277

00:55:12,940 --> 00:55:17,740

duty on the government to facilitate the

1278

00:55:16,150 --> 00:55:20,010

creation of the Jewish National Home

1279

00:55:17,740 --> 00:55:22,320

while not doing anything to prejudice

1280

00:55:20,010 --> 00:55:25,990

the rights of the existing population

1281

00:55:22,320 --> 00:55:28,810

the language of the mandate also article

1282

00:55:25,990 --> 00:55:31,330

six contains a similar language about

1283

00:55:28,810 --> 00:55:34,240

not prejudicing the rights and position

1284

00:55:31,330 --> 00:55:37,060

the word position was litigated at

1285

00:55:34,240 --> 00:55:39,940

length in the three trials especially

1286

00:55:37,060 --> 00:55:41,800

the third trial the Royal Commission the

1287

00:55:39,940 --> 00:55:45,220

mufti and on e-bay arguing that the word

1288

00:55:41,800 --> 00:55:47,800

position should mean political position

1289

00:55:45,220 --> 00:55:51,460

the Jewish witnesses arguing that the

1290

00:55:47,800 --> 00:55:54,220

word position did not refer to a sort of

1291

00:55:51,460 --> 00:55:56,920

a political status but instead referred

1292

00:55:54,220 --> 00:55:58,330

more to sort of freedom of religion and

1293

00:55:56,920 --> 00:56:01,030

those sorts of things

1294

00:55:58,330 --> 00:56:04,630

so the Israeli government if they were

1295

00:56:01,030 --> 00:56:07,109

here would argue look our Declaration of

1296

00:56:04,630 --> 00:56:11,200

Independence in our various laws

1297

00:56:07,109 --> 00:56:13,720

guarantee freedom of religion Muslims

1298

00:56:11,200 --> 00:56:16,180

have the right to vote they have other

1299

00:56:13,720 --> 00:56:17,940

freedoms in the Israeli Democratic

1300

00:56:16,180 --> 00:56:20,020

system that they might not necessarily

1301

00:56:17,940 --> 00:56:22,540

necessarily be enjoying elsewhere and

1302

00:56:20,020 --> 00:56:24,580

the Muslims and the Palestinian Arabs

1303

00:56:22,540 --> 00:56:27,250

Christians and Muslims would argue as

1304

00:56:24,580 --> 00:56:31,240

you just said that from the very very

1305

00:56:27,250 --> 00:56:33,430

beginning Britain never lived up to that

1306

00:56:31,240 --> 00:56:35,710

dual obligation Britain never protected

1307

00:56:33,430 --> 00:56:39,400

the position of the Palestinian Arabs

1308

00:56:35,710 --> 00:56:42,190

the partition proposal of Appeal

1309

00:56:39,400 --> 00:56:44,320

Commission which gave statehood to the

1310

00:56:42,190 --> 00:56:46,420

Jews and part of Palestinian Arab land

1311

00:56:44,320 --> 00:56:48,250

the taller the tolerance of Jewish

1312

00:56:46,420 --> 00:56:50,710

immigration the tolerance of Jewish land

1313

00:56:48,250 --> 00:56:53,410

acquisition the eviction of Arab tenant

1314

00:56:50,710 --> 00:56:55,420

farmers all of that was in violation of

1315

00:56:53,410 --> 00:56:57,900

the British obligation to protect the

1316

00:56:55,420 --> 00:57:01,690

rights and position of the local

1317

00:56:57,900 --> 00:57:04,900

indigenous Palestinian Arab population I

1318

00:57:01,690 --> 00:57:06,700

don't address in my book who's right or

1319

00:57:04,900 --> 00:57:08,770

who's wrong about that argument I'm much

1320

00:57:06,700 --> 00:57:11,590

more interested in showing how the two

1321

00:57:08,770 --> 00:57:13,450

sides have actually used the law as a

1322

00:57:11,590 --> 00:57:16,000

weapon in the conflict without me

1323

00:57:13,450 --> 00:57:19,000

adjudicating who wins or who loses but

1324

00:57:16,000 --> 00:57:19,870

clearly your point is well-taken and

1325

00:57:19,000 --> 00:57:21,250

something that

1326

00:57:19,870 --> 00:57:23,290

really strikes to the very core of the

1327

00:57:21,250 --> 00:57:23,800

conflict today thank you so much for the

1328

00:57:23,290 --> 00:57:26,830

question

1329

00:57:23,800 --> 00:57:28,450

thank you well I've just been looking

1330

00:57:26,830 --> 00:57:31,000

ahead and we have an enormous number of

1331

00:57:28,450 --> 00:57:32,560

questions coming in I am favoring to

1332

00:57:31,000 --> 00:57:36,150

some extent those that deal directly

1333

00:57:32,560 --> 00:57:39,910

with the presentation today but since

1334

00:57:36,150 --> 00:57:43,360

professor superstein ended slightly

1335

00:57:39,910 --> 00:57:46,210

early very unusual for people to do that

1336

00:57:43,360 --> 00:57:47,950

for professors to do that we do have a

1337

00:57:46,210 --> 00:57:49,750

little some extra time so I hope to pick

1338

00:57:47,950 --> 00:57:52,030

up those that try to infer something for

1339

00:57:49,750 --> 00:57:55,980

the current situation at the end but I

1340

00:57:52,030 --> 00:58:01,420

am favoring right now and we have now a

1341

00:57:55,980 --> 00:58:03,900

question that is from Alan Makovsky a

1342

00:58:01,420 --> 00:58:07,470

friend of both of ours forgot to him oh

1343

00:58:03,900 --> 00:58:14,170

I'm sorry I'm reading the wrong thing

1344

00:58:07,470 --> 00:58:16,960

but did the palace alum a copy of course

1345

00:58:14,170 --> 00:58:19,600

is in Washington DC and well-known to

1346

00:58:16,960 --> 00:58:21,430

many there did the Palestinians who

1347

00:58:19,600 --> 00:58:23,350

testify in the 20s and 30s seem to

1348

00:58:21,430 --> 00:58:25,660

acknowledge that a Jewish temple had

1349

00:58:23,350 --> 00:58:27,940

once existed on the Temple Mount or did

1350

00:58:25,660 --> 00:58:33,070

they deny it as our thought famously did

1351

00:58:27,940 --> 00:58:35,470

at Camp David in 2000 there wasn't a

1352

00:58:33,070 --> 00:58:38,680

single Palestinian and witness who

1353

00:58:35,470 --> 00:58:42,040

conceded either the existence of the of

1354

00:58:38,680 --> 00:58:45,280

the Jewish temples or even the centuries

1355

00:58:42,040 --> 00:58:47,590

long practice of the Jews coming to the

1356

00:58:45,280 --> 00:58:50,190

wall to to pray or to more in the

1357

00:58:47,590 --> 00:58:52,960

destruction of the temples the

1358

00:58:50,190 --> 00:58:55,630

Palestinian Witnesses uniformly both in

1359

00:58:52,960 --> 00:58:57,520

the Shah Commission trial as well as in

1360

00:58:55,630 --> 00:59:00,910

the Laughlin Commission the second trial

1361

00:58:57,520 --> 00:59:03,250

were very consistent in their position

1362

00:59:00,910 --> 00:59:06,780

and as well equally consistent that

1363

00:59:03,250 --> 00:59:11,260

following the Muslim conquest in 638

1364

00:59:06,780 --> 00:59:14,700

that shortly after that the Muslim

1365

00:59:11,260 --> 00:59:17,350

authorities had dedicated up the wall

1366

00:59:14,700 --> 00:59:20,050

the Haram a Temple Mount

1367

00:59:17,350 --> 00:59:21,910

as well as the Mugabe Quarter had

1368

00:59:20,050 --> 00:59:25,990

dedicated all that as walk of property

1369

00:59:21,910 --> 00:59:27,490

Muslim charitable property and so from

1370

00:59:25,990 --> 00:59:30,840

their perspective as testifying

1371

00:59:27,490 --> 00:59:33,060

witnesses the the situation amounted to

1372

00:59:30,840 --> 00:59:35,370

attempted Jewish encroach

1373

00:59:33,060 --> 00:59:39,210

walks property which to them was an

1374

00:59:35,370 --> 00:59:42,060

intolerable state of affairs thank you

1375

00:59:39,210 --> 00:59:45,150

Thank You Ellen uh and now it's my honor

1376

00:59:42,060 --> 00:59:47,100

to have a question from Charles Young

1377

00:59:45,150 --> 00:59:49,740

who was of course for many years the

1378

00:59:47,100 --> 00:59:52,140

Chancellor at UCLA did the comment by

1379

00:59:49,740 --> 00:59:54,410

vitamin his correspondence with Einstein

1380

00:59:52,140 --> 00:59:57,420

ever get broader circulation and

1381

00:59:54,410 --> 00:59:59,070

consideration the Chancellor thank you

1382

00:59:57,420 --> 01:00:00,780

so much for the question and wonderful

1383

00:59:59,070 --> 01:00:04,590

to have you join me joining with us

1384

01:00:00,780 --> 01:00:05,910

today or a student when I was I was a

1385

01:00:04,590 --> 01:00:09,330

student when you were Chancellor it's

1386

01:00:05,910 --> 01:00:10,680

wonderful to have you today so the

1387

01:00:09,330 --> 01:00:14,180

letter that I mentioned is actually

1388

01:00:10,680 --> 01:00:16,100

published there's a multi-volume set of

1389

01:00:14,180 --> 01:00:19,830

vitamins papers and correspondence

1390

01:00:16,100 --> 01:00:21,840

published about 20 years ago and it's

1391

01:00:19,830 --> 01:00:24,120

there it's also the bytes been archives

1392

01:00:21,840 --> 01:00:25,970

Enrico vote Israel has their entire

1393

01:00:24,120 --> 01:00:28,770

collection of bytes been documents

1394

01:00:25,970 --> 01:00:32,220

digitized and searchable online but no

1395

01:00:28,770 --> 01:00:35,280

it really never received any attention

1396

01:00:32,220 --> 01:00:38,100

whatsoever quite surprising to me but

1397

01:00:35,280 --> 01:00:39,390

receive very very little attention and I

1398

01:00:38,100 --> 01:00:43,050

must say

1399

01:00:39,390 --> 01:00:49,860

Einstein himself and I'll cover this in

1400

01:00:43,050 --> 01:00:55,730

my next book and testified in the 1940s

1401

01:00:49,860 --> 01:00:58,230

before the the post-war anglo-american

1402

01:00:55,730 --> 01:01:00,090

Joint Committee of Inquiry which was

1403

01:00:58,230 --> 01:01:02,940

also chaired by two judges one British

1404

01:01:00,090 --> 01:01:03,960

one American and in his testimony in

1405

01:01:02,940 --> 01:01:06,600

Washington DC

1406

01:01:03,960 --> 01:01:08,880

Weitzman was very iffy about a Jewish

1407

01:01:06,600 --> 01:01:11,010

state Weitzman was not a Zionist

1408

01:01:08,880 --> 01:01:14,400

sorry not bites Ben Einstein forgive me

1409

01:01:11,010 --> 01:01:16,170

Einstein was not a Zionist but despite

1410

01:01:14,400 --> 01:01:19,890

that he invites Ben were were quite

1411

01:01:16,170 --> 01:01:23,100

close and vice Ben confided in Einstein

1412

01:01:19,890 --> 01:01:27,620

a lot sought his advice and you see

1413

01:01:23,100 --> 01:01:31,230

invites means diplomacy a lot of the the

1414

01:01:27,620 --> 01:01:32,850

care in his use of language in his

1415

01:01:31,230 --> 01:01:35,040

testimony before the peel Commission

1416

01:01:32,850 --> 01:01:36,930

great care and great caution in his use

1417

01:01:35,040 --> 01:01:39,330

of language par the reason I showed

1418

01:01:36,930 --> 01:01:41,550

Churchill's picture was because during

1419

01:01:39,330 --> 01:01:43,980

his secret testimony Churchill was far

1420

01:01:41,550 --> 01:01:46,510

more bullish on the idea of early

1421

01:01:43,980 --> 01:01:48,760

statehood for the Jews in Palestine

1422

01:01:46,510 --> 01:01:50,440

then was Weitzman that's part of the

1423

01:01:48,760 --> 01:01:53,410

reason went reason why bites Minh was

1424

01:01:50,440 --> 01:01:54,790

caught so much off-guard by the question

1425

01:01:53,410 --> 01:01:59,980

from Professor Copeland about the

1426

01:01:54,790 --> 01:02:02,890

two-state solution thank you we're going

1427

01:01:59,980 --> 01:02:04,990

to go to a couple of professors now

1428

01:02:02,890 --> 01:02:06,820

professor Arthur Stein Brendon political

1429

01:02:04,990 --> 01:02:09,430

science why do the British treat a

1430

01:02:06,820 --> 01:02:10,330

political assessment as a trial in which

1431

01:02:09,430 --> 01:02:11,890

non-binding

1432

01:02:10,330 --> 01:02:14,620

written political commitments are

1433

01:02:11,890 --> 01:02:17,830

treated as legal contracts to be

1434

01:02:14,620 --> 01:02:22,090

judicially assessed that's a great

1435

01:02:17,830 --> 01:02:24,400

question and in my book I say that the

1436

01:02:22,090 --> 01:02:27,700

idea of litigating our way to peace is

1437

01:02:24,400 --> 01:02:29,290

probably not ever going to work and so

1438

01:02:27,700 --> 01:02:31,450

why even have these trials to begin with

1439

01:02:29,290 --> 01:02:33,880

and I think the reason comes back to my

1440

01:02:31,450 --> 01:02:39,100

point earlier that the British having

1441

01:02:33,880 --> 01:02:42,370

taken legal control of Palestine under

1442

01:02:39,100 --> 01:02:44,380

the provisions of the mandate granted to

1443

01:02:42,370 --> 01:02:47,020

Britain by the League of Nations but

1444

01:02:44,380 --> 01:02:48,850

Britain took very seriously the the

1445

01:02:47,020 --> 01:02:51,130

mandate as a legal document

1446

01:02:48,850 --> 01:02:53,380

not just article 13 in the status quo

1447

01:02:51,130 --> 01:02:55,780

but article 6 I mentioned the dual

1448

01:02:53,380 --> 01:02:59,050

obligation to the Jews into the

1449

01:02:55,780 --> 01:03:01,650

Palestinian Arabs and Britain became

1450

01:02:59,050 --> 01:03:04,480

comfortable with the idea of

1451

01:03:01,650 --> 01:03:07,240

adjudicating and litigating disputes

1452

01:03:04,480 --> 01:03:09,550

that arose Britain used the divisive of

1453

01:03:07,240 --> 01:03:12,340

judicial commissions elsewhere through

1454

01:03:09,550 --> 01:03:15,070

the colonies it did it in India at least

1455

01:03:12,340 --> 01:03:17,740

once and this was what was a way for

1456

01:03:15,070 --> 01:03:19,960

Britain to demonstrate to its overseers

1457

01:03:17,740 --> 01:03:22,030

that the permanent mandates Commission

1458

01:03:19,960 --> 01:03:24,070

of the League of Nations that it was

1459

01:03:22,030 --> 01:03:26,680

fulfilling its duty as mandatory power

1460

01:03:24,070 --> 01:03:29,650

to treat the provisions of the mandate

1461

01:03:26,680 --> 01:03:33,550

as having the force of law one thing I

1462

01:03:29,650 --> 01:03:36,250

didn't mention was that after the Shaw

1463

01:03:33,550 --> 01:03:38,380

Commission trial the Jews who were very

1464

01:03:36,250 --> 01:03:40,900

upset with the verdict essentially filed

1465

01:03:38,380 --> 01:03:43,990

an appeal with the permanent mandates

1466

01:03:40,900 --> 01:03:45,850

Commission and the British officials

1467

01:03:43,990 --> 01:03:48,550

including John Chancellor the High

1468

01:03:45,850 --> 01:03:51,400

Commissioner had to go to Geneva and be

1469

01:03:48,550 --> 01:03:53,170

subjected to very very robust and very

1470

01:03:51,400 --> 01:03:55,360

very challenging adversarial

1471

01:03:53,170 --> 01:03:56,650

cross-examination from the members of

1472

01:03:55,360 --> 01:03:59,720

the permanent mandate Commission and

1473

01:03:56,650 --> 01:04:02,900

what is really striking amazing

1474

01:03:59,720 --> 01:04:04,220

the time period is how sympathetic the

1475

01:04:02,900 --> 01:04:05,690

League of Nations and the permanent

1476

01:04:04,220 --> 01:04:08,349

mandates Commission were to these

1477

01:04:05,690 --> 01:04:11,510

scientists and to the Zionist cause as

1478

01:04:08,349 --> 01:04:13,250

compared to the way the UN looks at the

1479

01:04:11,510 --> 01:04:14,990

conflict today very very interesting

1480

01:04:13,250 --> 01:04:16,730

thank you for the question thank you

1481

01:04:14,990 --> 01:04:20,119

well here comes another UCLA professor

1482

01:04:16,730 --> 01:04:21,770

Martin gilens of the UCLA lust Luskin

1483

01:04:20,119 --> 01:04:23,720

Public Policy Department another

1484

01:04:21,770 --> 01:04:25,400

difficult question of course was there

1485

01:04:23,720 --> 01:04:28,549

anything the British could have done in

1486

01:04:25,400 --> 01:04:30,260

the face of the conflicting desires of

1487

01:04:28,549 --> 01:04:33,349

the Jews and Arabs that would have led

1488

01:04:30,260 --> 01:04:37,700

to a significantly better outcome better

1489

01:04:33,349 --> 01:04:41,210

in quotes if so what so that's that's

1490

01:04:37,700 --> 01:04:42,890

the hardest question of all because even

1491

01:04:41,210 --> 01:04:45,140

with perfect hindsight professor

1492

01:04:42,890 --> 01:04:49,910

Gillings even with perfect hindsight it

1493

01:04:45,140 --> 01:04:51,680

is hard to say as against a religious

1494

01:04:49,910 --> 01:04:54,349

conflict a conflict of conflicting

1495

01:04:51,680 --> 01:04:57,619

national movements claiming a rights to

1496

01:04:54,349 --> 01:04:58,670

the same real estate hard to say what

1497

01:04:57,619 --> 01:05:00,619

Britain could have done differently

1498

01:04:58,670 --> 01:05:03,020

other than one thing other than one

1499

01:05:00,619 --> 01:05:07,069

thing a Britain should have been as the

1500

01:05:03,020 --> 01:05:09,500

Royal Commission said much more clear in

1501

01:05:07,069 --> 01:05:13,430

expressing its intentions not just in

1502

01:05:09,500 --> 01:05:16,099

the October 24 1915 letter not just in

1503

01:05:13,430 --> 01:05:19,130

the Balfour Declaration not just in the

1504

01:05:16,099 --> 01:05:21,619

1922 Churchill white paper but

1505

01:05:19,130 --> 01:05:24,680

throughout the entirety of the mandate

1506

01:05:21,619 --> 01:05:27,799

the Colonial Office especially was

1507

01:05:24,680 --> 01:05:31,130

constantly fudging constantly engaging

1508

01:05:27,799 --> 01:05:33,529

in ambiguity to try to achieve some kind

1509

01:05:31,130 --> 01:05:36,559

of a stasis some kind of a balance

1510

01:05:33,529 --> 01:05:40,609

between the two sides when if it had

1511

01:05:36,559 --> 01:05:43,400

been more clear more specific less

1512

01:05:40,609 --> 01:05:45,440

ambiguous about its intentions it might

1513

01:05:43,400 --> 01:05:47,480

have angered one side or the other but

1514

01:05:45,440 --> 01:05:50,329

it might have ironically been able to

1515

01:05:47,480 --> 01:05:54,250

achieve a solution and that would have

1516

01:05:50,329 --> 01:05:57,710

saved us many many many decades of

1517

01:05:54,250 --> 01:05:59,599

bloodshed and an agony between then and

1518

01:05:57,710 --> 01:06:02,299

now thank you so much great question

1519

01:05:59,599 --> 01:06:04,970

thank you and now a question of mr.

1520

01:06:02,299 --> 01:06:07,099

Bruce aluminum Kylie and I want to say

1521

01:06:04,970 --> 01:06:09,170

that lots of names I hope I'm getting

1522

01:06:07,099 --> 01:06:11,270

everybody right thank you so much

1523

01:06:09,170 --> 01:06:13,220

professor separates the incredible

1524

01:06:11,270 --> 01:06:15,349

presentation was there any connection be

1525

01:06:13,220 --> 01:06:17,270

the legal findings of the three

1526

01:06:15,349 --> 01:06:19,579

enquiries and the Declaration of Israeli

1527

01:06:17,270 --> 01:06:22,430

independence following the end of the

1528

01:06:19,579 --> 01:06:24,260

Jewish mandate or was it politics taking

1529

01:06:22,430 --> 01:06:28,300

its own direction regardless of legal

1530

01:06:24,260 --> 01:06:30,980

findings so a great question again

1531

01:06:28,300 --> 01:06:32,510

interestingly enough I would say that

1532

01:06:30,980 --> 01:06:34,720

with respect to the Israeli Declaration

1533

01:06:32,510 --> 01:06:38,270

of Independence itself you certainly see

1534

01:06:34,720 --> 01:06:41,030

the idea of protecting the the rights

1535

01:06:38,270 --> 01:06:42,740

and position of the indigenous non

1536

01:06:41,030 --> 01:06:44,089

Jewish population reflected that

1537

01:06:42,740 --> 01:06:46,520

languages in the Declaration of

1538

01:06:44,089 --> 01:06:48,650

Independence for sure coming from the

1539

01:06:46,520 --> 01:06:52,790

Dhafir declaration and coming from the

1540

01:06:48,650 --> 01:06:55,490

mandate also very interesting that of

1541

01:06:52,790 --> 01:06:57,380

course leading up to the Israeli

1542

01:06:55,490 --> 01:07:00,530

Declaration of Independence we had not

1543

01:06:57,380 --> 01:07:03,650

just the two-state proposal of the peel

1544

01:07:00,530 --> 01:07:07,839

Commission in 1937 but we had UN General

1545

01:07:03,650 --> 01:07:10,099

Assembly resolution 181 November 29 1947

1546

01:07:07,839 --> 01:07:14,710

proposing another version of a two-state

1547

01:07:10,099 --> 01:07:17,510

solution which of course led to the

1548

01:07:14,710 --> 01:07:19,760

declaration of independence at

1549

01:07:17,510 --> 01:07:22,000

ben-gurion read in Tel Aviv on

1550

01:07:19,760 --> 01:07:25,310

Rothschild Boulevard on May 15 1948

1551

01:07:22,000 --> 01:07:28,310

thank you for the question another

1552

01:07:25,310 --> 01:07:32,000

mutual friends Mostafa analyst ah is

1553

01:07:28,310 --> 01:07:34,040

asking is saying the following hello

1554

01:07:32,000 --> 01:07:35,450

come actually discussed this point the

1555

01:07:34,040 --> 01:07:36,859

idea that there was no denial of a

1556

01:07:35,450 --> 01:07:38,690

temple in the 20s and 30s

1557

01:07:36,859 --> 01:07:41,230

I think this meant is mentioned in his

1558

01:07:38,690 --> 01:07:44,780

book of 1928

1559

01:07:41,230 --> 01:07:48,050

Year Zero of the conflict as you see I'm

1560

01:07:44,780 --> 01:07:51,950

adding as you suggested yeah yeah Hillel

1561

01:07:48,050 --> 01:07:54,050

Cohen's book is fantastic and without

1562

01:07:51,950 --> 01:07:55,520

getting into what the what the witnesses

1563

01:07:54,050 --> 01:07:57,170

said in the trial have addressed that

1564

01:07:55,520 --> 01:08:00,020

but I do want to make a point that

1565

01:07:57,170 --> 01:08:02,569

Professor Cohen fantastic point that he

1566

01:08:00,020 --> 01:08:04,640

made in his book remember I talked about

1567

01:08:02,569 --> 01:08:07,790

the screen the removal of the screen on

1568

01:08:04,640 --> 01:08:10,460

Yom Kippur in 1928 a professor Cohen

1569

01:08:07,790 --> 01:08:12,109

looking at the testimony in the trial

1570

01:08:10,460 --> 01:08:14,240

before the Shaw Commission came to the

1571

01:08:12,109 --> 01:08:16,520

conclusion that the removal of the

1572

01:08:14,240 --> 01:08:18,890

screen was the result not of a dispute

1573

01:08:16,520 --> 01:08:20,930

between Muslims and Jews but of a

1574

01:08:18,890 --> 01:08:24,350

dispute between the Ashkenazi and the

1575

01:08:20,930 --> 01:08:27,049

safar T Beatles were watchmen at the

1576

01:08:24,350 --> 01:08:28,670

wall the Sephardi Beatle was a

1577

01:08:27,049 --> 01:08:30,949

there'd been this group of Polish Jews

1578

01:08:28,670 --> 01:08:32,179

that came with their rabbi the safari

1579

01:08:30,949 --> 01:08:33,619

beetle was upset that he wasn't

1580

01:08:32,179 --> 01:08:35,239

receiving the tips that he was

1581

01:08:33,619 --> 01:08:39,619

ordinarily accustomed to receiving and

1582

01:08:35,239 --> 01:08:43,940

he sort of squealed on the Ashkenazi who

1583

01:08:39,619 --> 01:08:46,219

had plans to bring the screen and the

1584

01:08:43,940 --> 01:08:48,859

Safari beetle tipped off the Muslims I

1585

01:08:46,219 --> 01:08:50,630

don't I don't put as much stock in that

1586

01:08:48,859 --> 01:08:53,929

argument as Professor Cohen does with

1587

01:08:50,630 --> 01:08:56,059

all respect I do think this was at

1588

01:08:53,929 --> 01:08:57,859

bottom from the perspective of the

1589

01:08:56,059 --> 01:09:01,250

British authorities a law enforcement

1590

01:08:57,859 --> 01:09:02,119

matter the law was clear the status quo

1591

01:09:01,250 --> 01:09:03,829

was the law

1592

01:09:02,119 --> 01:09:05,270

the Jews broke the law by bringing a

1593

01:09:03,829 --> 01:09:07,750

screen and therefore the police needed

1594

01:09:05,270 --> 01:09:10,609

to be sent in to take the screen away

1595

01:09:07,750 --> 01:09:13,699

thank you another give to a friend Hoda

1596

01:09:10,609 --> 01:09:16,099

a lot from Egypt in the land and she ass

1597

01:09:13,699 --> 01:09:18,529

in the line of creative solutions had

1598

01:09:16,099 --> 01:09:18,920

the solution proposed by Prince Mohammed

1599

01:09:18,529 --> 01:09:21,469

Ali

1600

01:09:18,920 --> 01:09:24,199

been accepted back then what you have

1601

01:09:21,469 --> 01:09:27,170

ended the enmity of the Jews and the

1602

01:09:24,199 --> 01:09:30,230

Muslims well again with perfect

1603

01:09:27,170 --> 01:09:33,650

hindsight one can only speculate what

1604

01:09:30,230 --> 01:09:39,290

would have happened if Prince Muhammad

1605

01:09:33,650 --> 01:09:40,460

Ali's proposal had become known we can

1606

01:09:39,290 --> 01:09:43,099

speculate that maybe he wouldn't have

1607

01:09:40,460 --> 01:09:46,099

survived very long the mufti would have

1608

01:09:43,099 --> 01:09:48,130

been extremely angry and the supporters

1609

01:09:46,099 --> 01:09:53,000

of the mufti would not have tolerated

1610

01:09:48,130 --> 01:09:55,699

any proposal by someone from Egypt to to

1611

01:09:53,000 --> 01:09:58,570

sell walk property to the Jews on the

1612

01:09:55,699 --> 01:10:01,040

other hand though I think that what

1613

01:09:58,570 --> 01:10:05,389

Prince Muhammad Ali did was incredibly

1614

01:10:01,040 --> 01:10:07,790

heroic incredibly creative and while it

1615

01:10:05,389 --> 01:10:09,980

may not itself have ended up as the

1616

01:10:07,790 --> 01:10:11,510

solution I think that it could have been

1617

01:10:09,980 --> 01:10:14,989

the beginning of a very very interesting

1618

01:10:11,510 --> 01:10:16,489

dialogue brokered by Egypt which of

1619

01:10:14,989 --> 01:10:18,139

course has emerged over the years is an

1620

01:10:16,489 --> 01:10:20,800

extraordinarily important broker between

1621

01:10:18,139 --> 01:10:23,540

the Palestinian Arabs and the Israelis

1622

01:10:20,800 --> 01:10:26,000

and we could have seen something very

1623

01:10:23,540 --> 01:10:28,400

very interesting and very dramatic if

1624

01:10:26,000 --> 01:10:30,889

the British had taken his proposal more

1625

01:10:28,400 --> 01:10:32,829

seriously and protected him well while

1626

01:10:30,889 --> 01:10:35,449

moving forward with it

1627

01:10:32,829 --> 01:10:39,139

thank you the question thank you

1628

01:10:35,449 --> 01:10:40,969

Thank You Omar Ron when uh a UCLA

1629

01:10:39,139 --> 01:10:44,180

student for

1630

01:10:40,969 --> 01:10:46,190

Egypt if I see my the notes correctly if

1631

01:10:44,180 --> 01:10:47,780

the papasa offer had been published and

1632

01:10:46,190 --> 01:10:49,699

the purchase was considered acceptable

1633

01:10:47,780 --> 01:10:51,469

by the Palestinians and went through

1634

01:10:49,699 --> 01:10:55,640

what would be the repercussions

1635

01:10:51,469 --> 01:10:57,230

throughout the 40s and 50s well if the

1636

01:10:55,640 --> 01:10:58,730

mufti had endorsed it which I don't

1637

01:10:57,230 --> 01:11:00,980

think in a million years he would have

1638

01:10:58,730 --> 01:11:02,090

done but it would have been all up to

1639

01:11:00,980 --> 01:11:04,699

the move to you if the mufti had

1640

01:11:02,090 --> 01:11:06,290

endorsed the idea things could have

1641

01:11:04,699 --> 01:11:09,260

turned out very very differently for the

1642

01:11:06,290 --> 01:11:10,790

two peoples but hard to imagine the

1643

01:11:09,260 --> 01:11:14,989

mufti ever going along with that

1644

01:11:10,790 --> 01:11:18,460

proposal very difficult to imagine all

1645

01:11:14,989 --> 01:11:19,699

right and we have a question from Sam

1646

01:11:18,460 --> 01:11:22,550

villamaria

1647

01:11:19,699 --> 01:11:24,710

and alumnus from UCLA I gather can we

1648

01:11:22,550 --> 01:11:28,370

blame the UK for problems between

1649

01:11:24,710 --> 01:11:34,340

Palestine Israel they did the same thing

1650

01:11:28,370 --> 01:11:37,730

in India accent it's very easy to blame

1651

01:11:34,340 --> 01:11:41,449

the UK for their duplicity to both sides

1652

01:11:37,730 --> 01:11:43,719

for what ben-gurion described years

1653

01:11:41,449 --> 01:11:47,120

later in a letter to his wife Paula as

1654

01:11:43,719 --> 01:11:49,010

selling the same horse twice to two

1655

01:11:47,120 --> 01:11:50,239

people without each other really being

1656

01:11:49,010 --> 01:11:52,550

aware of it the McMahon Hussein

1657

01:11:50,239 --> 01:11:56,810

correspondence did not become publicly

1658

01:11:52,550 --> 01:11:59,660

known until early 1923 when a Daily Mail

1659

01:11:56,810 --> 01:12:01,520

reporter named Jeffries published

1660

01:11:59,660 --> 01:12:03,080

portions of it and the full

1661

01:12:01,520 --> 01:12:05,270

correspondence was not published until

1662

01:12:03,080 --> 01:12:09,110

Georgia Antonia is his famous book the

1663

01:12:05,270 --> 01:12:11,510

Arab Awakening in late 1938 so very easy

1664

01:12:09,110 --> 01:12:14,449

to blame the British for duplicity for

1665

01:12:11,510 --> 01:12:16,550

cynicism for manipulation but again as I

1666

01:12:14,449 --> 01:12:19,550

said earlier from the British

1667

01:12:16,550 --> 01:12:22,100

perspective they did during World War

1668

01:12:19,550 --> 01:12:23,719

one that which they needed to do to

1669

01:12:22,100 --> 01:12:25,760

emerge victorious they needed the Turks

1670

01:12:23,719 --> 01:12:28,190

to rise up I mean they needed the local

1671

01:12:25,760 --> 01:12:30,590

Arabs to rise up against the Turks in

1672

01:12:28,190 --> 01:12:33,110

1915 and 1917 they needed Jewish

1673

01:12:30,590 --> 01:12:35,210

financial support leading to the

1674

01:12:33,110 --> 01:12:36,260

decision in the cabinet to authorized

1675

01:12:35,210 --> 01:12:40,250

the issuance of the Balfour Declaration

1676

01:12:36,260 --> 01:12:42,949

in 1938 and thirty-nine again the

1677

01:12:40,250 --> 01:12:44,620

British facing Nazi aggression needed to

1678

01:12:42,949 --> 01:12:47,989

protect its flank in the Middle East and

1679

01:12:44,620 --> 01:12:50,330

issued the white paper to appease a

1680

01:12:47,989 --> 01:12:51,960

Harrod sentiment and so from the British

1681

01:12:50,330 --> 01:12:54,530

perspective

1682

01:12:51,960 --> 01:12:56,730

Britain pursued a policy of realpolitik

1683

01:12:54,530 --> 01:12:59,100

protecting its own interests above all

1684

01:12:56,730 --> 01:13:01,320

else and by the way I mentioned

1685

01:12:59,100 --> 01:13:03,450

Churchill's secret testimony to the

1686

01:13:01,320 --> 01:13:05,610

Royal Commission Churchill well very

1687

01:13:03,450 --> 01:13:08,370

very bullish on Zionism makes very clear

1688

01:13:05,610 --> 01:13:10,680

that it's not because he's a lover of

1689

01:13:08,370 --> 01:13:13,110

the Jewish people or because he loves

1690

01:13:10,680 --> 01:13:14,910

the Zionist project it's because he

1691

01:13:13,110 --> 01:13:17,640

believes that it is in Britain's own

1692

01:13:14,910 --> 01:13:20,280

interest to support statehood for the

1693

01:13:17,640 --> 01:13:22,080

Jewish people in Palestine that's the

1694

01:13:20,280 --> 01:13:27,500

only reason not because he's sentimental

1695

01:13:22,080 --> 01:13:30,840

or anything else okay we have a question

1696

01:13:27,500 --> 01:13:33,870

from Rima Musa she's a student at UC

1697

01:13:30,840 --> 01:13:36,150

Santa Barbara and president of the UC SB

1698

01:13:33,870 --> 01:13:38,610

chapter of the olive tree initiative and

1699

01:13:36,150 --> 01:13:42,450

the question and she's currently located

1700

01:13:38,610 --> 01:13:44,790

in Santa in Santa Barbara she says thank

1701

01:13:42,450 --> 01:13:46,469

you for this lecture professor

1702

01:13:44,790 --> 01:13:47,910

proceeding I'm wondering if you think

1703

01:13:46,469 --> 01:13:49,680

there was a potential for more creative

1704

01:13:47,910 --> 01:13:51,630

solutions to the conflict to emerge at

1705

01:13:49,680 --> 01:13:53,489

the moment they could potentially bring

1706

01:13:51,630 --> 01:13:55,050

the conflict to an end or if the

1707

01:13:53,489 --> 01:13:57,000

conditions of the conflict at the time

1708

01:13:55,050 --> 01:13:58,380

were uniquely suited to support such

1709

01:13:57,000 --> 01:14:01,980

fair solutions that you've mentioned

1710

01:13:58,380 --> 01:14:04,290

from vitamin and Pacha great question

1711

01:14:01,980 --> 01:14:07,200

and I'm optimistic I think that there is

1712

01:14:04,290 --> 01:14:11,160

always room for creative solutions for

1713

01:14:07,200 --> 01:14:12,739

great solutions lots of people have

1714

01:14:11,160 --> 01:14:17,400

talked about the Arab Peace Initiative

1715

01:14:12,739 --> 01:14:18,690

there's some elements of the I'm not

1716

01:14:17,400 --> 01:14:20,940

endorsing this by the way but there's

1717

01:14:18,690 --> 01:14:22,440

some elements of the Trump proposal the

1718

01:14:20,940 --> 01:14:23,340

economic side in particular that are

1719

01:14:22,440 --> 01:14:26,880

interesting

1720

01:14:23,340 --> 01:14:29,760

clearly the proposals that Olmert made

1721

01:14:26,880 --> 01:14:31,860

Prime Minister Olmert made to Abu Mazen

1722

01:14:29,760 --> 01:14:33,480

very very interesting so there's a lot

1723

01:14:31,860 --> 01:14:36,239

of really good ideas out there and there

1724

01:14:33,480 --> 01:14:38,910

is no shortage of great ideas that we

1725

01:14:36,239 --> 01:14:41,040

can develop if we really put our minds

1726

01:14:38,910 --> 01:14:43,410

to it and we become creative there is a

1727

01:14:41,040 --> 01:14:45,900

lot that we can do and there's no limit

1728

01:14:43,410 --> 01:14:47,010

to the amount of our creativity and I

1729

01:14:45,900 --> 01:14:49,950

want to thank you for the question

1730

01:14:47,010 --> 01:14:51,870

because that's what inspired me to

1731

01:14:49,950 --> 01:14:53,790

embark on this project of writing these

1732

01:14:51,870 --> 01:14:56,010

books and I'm really really grateful to

1733

01:14:53,790 --> 01:14:58,440

you for for for bringing that concept

1734

01:14:56,010 --> 01:15:00,150

forward thank you thank you this

1735

01:14:58,440 --> 01:15:01,830

question would be to Breyer the Arab

1736

01:15:00,150 --> 01:15:03,480

states of Palestine is finally resorted

1737

01:15:01,830 --> 01:15:04,070

to war to solve their dispute with

1738

01:15:03,480 --> 01:15:06,320

design

1739

01:15:04,070 --> 01:15:09,260

did they thereby forfeit their legal

1740

01:15:06,320 --> 01:15:10,700

right to their ownership of the land so

1741

01:15:09,260 --> 01:15:13,910

I'm going to address this in my next

1742

01:15:10,700 --> 01:15:15,740

book there is a professor of law named

1743

01:15:13,910 --> 01:15:18,140

Eugene contour a bitch who published an

1744

01:15:15,740 --> 01:15:20,810

article a few years back in the Arizona

1745

01:15:18,140 --> 01:15:23,540

State Law Review in which professor

1746

01:15:20,810 --> 01:15:25,910

contour bitch discusses a concept called

1747

01:15:23,540 --> 01:15:30,110

an international law called booty posted

1748

01:15:25,910 --> 01:15:34,550

dentist juris which fundamentally states

1749

01:15:30,110 --> 01:15:38,330

that the borders of post-colonial or

1750

01:15:34,550 --> 01:15:40,070

post mandatory entities are legally the

1751

01:15:38,330 --> 01:15:42,440

borders that existed as of the end of

1752

01:15:40,070 --> 01:15:44,990

colonial rule or the end of a mandate

1753

01:15:42,440 --> 01:15:49,760

and so professor contour images point is

1754

01:15:44,990 --> 01:15:55,070

that when the palestinians rejected UN

1755

01:15:49,760 --> 01:15:59,270

resolution 181 in November of 1947 that

1756

01:15:55,070 --> 01:16:01,220

effectively the British termination of

1757

01:15:59,270 --> 01:16:04,910

the mandate a few months later in May of

1758

01:16:01,220 --> 01:16:07,850

1948 rendered the legal borders of the

1759

01:16:04,910 --> 01:16:10,820

new State of Israel the same as the

1760

01:16:07,850 --> 01:16:14,510

borders of the Palestine Mandate meaning

1761

01:16:10,820 --> 01:16:17,300

that Israel legally owned not just what

1762

01:16:14,510 --> 01:16:19,190

the UN allocated but everything else

1763

01:16:17,300 --> 01:16:21,170

that had been earmarked for the

1764

01:16:19,190 --> 01:16:23,440

Palestinian Arabs and the Palestinian

1765

01:16:21,170 --> 01:16:25,580

Arabs walked away from including the

1766

01:16:23,440 --> 01:16:29,900

modern day what we would call the West

1767

01:16:25,580 --> 01:16:32,480

Bank and Gaza obviously the Palestinian

1768

01:16:29,900 --> 01:16:34,570

Arab lawyers and their supporters do not

1769

01:16:32,480 --> 01:16:37,700

agree with the professor contour which

1770

01:16:34,570 --> 01:16:43,940

I'm going to be writing about that in my

1771

01:16:37,700 --> 01:16:45,260

next book okay thank you very much we

1772

01:16:43,940 --> 01:16:47,240

have a question from our own row a

1773

01:16:45,260 --> 01:16:49,700

rycart a graduate student you see a

1774

01:16:47,240 --> 01:16:51,410

woman graduate student at UCLA and he

1775

01:16:49,700 --> 01:16:52,760

says it's a broad question how do you

1776

01:16:51,410 --> 01:16:55,700

think that this kind of historical

1777

01:16:52,760 --> 01:17:00,110

research can bear that all on the

1778

01:16:55,700 --> 01:17:01,490

present situation um

1779

01:17:00,110 --> 01:17:03,740

Rowley thank you so much for the

1780

01:17:01,490 --> 01:17:06,440

question I think the historical research

1781

01:17:03,740 --> 01:17:08,420

is extraordinarily important very very

1782

01:17:06,440 --> 01:17:10,940

relevant I mean for one thing we

1783

01:17:08,420 --> 01:17:13,970

discovered that this tendency to use the

1784

01:17:10,940 --> 01:17:16,490

law is not new law fair is not a brand

1785

01:17:13,970 --> 01:17:17,690

new concept in the last 20 years since

1786

01:17:16,490 --> 01:17:19,820

the palace

1787

01:17:17,690 --> 01:17:21,380

Arabs challenged the legality of the

1788

01:17:19,820 --> 01:17:23,090

wall of separation at the International

1789

01:17:21,380 --> 01:17:25,250

Court of Justice it's something that's

1790

01:17:23,090 --> 01:17:28,370

been going on for a long time and it's

1791

01:17:25,250 --> 01:17:30,920

extremely helpful I think to understand

1792

01:17:28,370 --> 01:17:33,860

the position and of both the Jewish side

1793

01:17:30,920 --> 01:17:36,890

and the Palestinian Arab side to trace

1794

01:17:33,860 --> 01:17:38,870

their arguments today to their origin 90

1795

01:17:36,890 --> 01:17:40,489

years ago and a hundred years ago it's

1796

01:17:38,870 --> 01:17:42,710

extraordinarily important to have that

1797

01:17:40,489 --> 01:17:45,140

context in that history as we think

1798

01:17:42,710 --> 01:17:47,420

about as our last question or just asked

1799

01:17:45,140 --> 01:17:49,910

how we can construct and formulate

1800

01:17:47,420 --> 01:17:50,960

creative ideas to move forward I think

1801

01:17:49,910 --> 01:17:53,719

it's extraordinarily extraordinarily

1802

01:17:50,960 --> 01:17:56,540

important to have the context it's

1803

01:17:53,719 --> 01:17:59,840

really for the question thank you very

1804

01:17:56,540 --> 01:18:02,840

much there been so many questions it's

1805

01:17:59,840 --> 01:18:04,670

hard to remember who who has had a

1806

01:18:02,840 --> 01:18:06,380

chance to ask I don't think we've had

1807

01:18:04,670 --> 01:18:08,270

the following from a rough lot SOPA

1808

01:18:06,380 --> 01:18:13,449

my name is Robert SOPA from Bethlehem

1809

01:18:08,270 --> 01:18:16,420

Palestine I'm a senior economist at AU

1810

01:18:13,449 --> 01:18:18,770

NGO what happened eventually with the

1811

01:18:16,420 --> 01:18:20,560

Megrahi quarter and the other two

1812

01:18:18,770 --> 01:18:24,530

suggestions were adopted other than

1813

01:18:20,560 --> 01:18:27,350

Pasha's one neither of the other

1814

01:18:24,530 --> 01:18:29,900

suggestions from Felix Tim NSA or from

1815

01:18:27,350 --> 01:18:32,360

Pincus Ruttenberg were adopted the

1816

01:18:29,900 --> 01:18:35,660

British took no action on expropriation

1817

01:18:32,360 --> 01:18:37,969

and in fact Sir John Chancellor the High

1818

01:18:35,660 --> 01:18:40,449

Commissioner I mentioned in Palestine at

1819

01:18:37,969 --> 01:18:45,350

the permanent mandates Commission

1820

01:18:40,449 --> 01:18:46,550

meeting in 1929 told the permanent

1821

01:18:45,350 --> 01:18:47,870

mandates Commission he just sort of

1822

01:18:46,550 --> 01:18:50,030

volunteered this he said look there have

1823

01:18:47,870 --> 01:18:51,980

been some proposals not referring to

1824

01:18:50,030 --> 01:18:55,460

those two but to others to expropriate

1825

01:18:51,980 --> 01:18:56,510

the area in front of the wall the Mogra

1826

01:18:55,460 --> 01:18:58,100

quarter and you said the British

1827

01:18:56,510 --> 01:19:01,219

government will not do that we will not

1828

01:18:58,100 --> 01:19:04,060

do that we don't want to risk turning

1829

01:19:01,219 --> 01:19:09,560

the mokra quarter into a flashpoint for

1830

01:19:04,060 --> 01:19:11,840

violence so just very very interesting

1831

01:19:09,560 --> 01:19:13,280

that those proposals whether you think

1832

01:19:11,840 --> 01:19:15,770

of them is creative or you think of them

1833

01:19:13,280 --> 01:19:17,780

as destructive we're simply not acted on

1834

01:19:15,770 --> 01:19:19,100

I'm sorry I forgot the first part of the

1835

01:19:17,780 --> 01:19:24,949

question professor Spiegel and I'd like

1836

01:19:19,100 --> 01:19:27,690

to come back to that I've got about 50

1837

01:19:24,949 --> 01:19:30,510

questions I'm struggling with okay

1838

01:19:27,690 --> 01:19:31,080

though I have to admit it was it rough

1839

01:19:30,510 --> 01:19:33,680

hot soba

1840

01:19:31,080 --> 01:19:33,680

yeah

1841

01:19:34,170 --> 01:19:37,950

the question was any of the other two

1842

01:19:36,450 --> 01:19:40,400

suggestions were adopted other than

1843

01:19:37,950 --> 01:19:42,810

cautious one yes the other question was

1844

01:19:40,400 --> 01:19:45,900

what happened eventually with the McGraw

1845

01:19:42,810 --> 01:19:47,430

B quarter oh yeah okay thank you so as I

1846

01:19:45,900 --> 01:19:50,790

showed you in that one photograph the

1847

01:19:47,430 --> 01:19:52,590

Israelis in the elation after the

1848

01:19:50,790 --> 01:19:54,930

six-day war in the immediate aftermath a

1849

01:19:52,590 --> 01:19:58,380

couple of days later after capturing the

1850

01:19:54,930 --> 01:20:02,010

Old City of Jerusalem bulldozed the

1851

01:19:58,380 --> 01:20:03,960

Mulgrew B quarter and that was something

1852

01:20:02,010 --> 01:20:04,830

they did in broad daylight they didn't

1853

01:20:03,960 --> 01:20:07,800

hide it from the world

1854

01:20:04,830 --> 01:20:10,220

there was a photographic exhibit at the

1855

01:20:07,800 --> 01:20:13,230

Tower of David Museum in Jerusalem

1856

01:20:10,220 --> 01:20:16,080

Jewish exhibit a last year that showed

1857

01:20:13,230 --> 01:20:19,410

the same photograph I showed you and to

1858

01:20:16,080 --> 01:20:22,290

this day the Palestinian Arabs some of

1859

01:20:19,410 --> 01:20:25,050

their lawyers harkening back to the

1860

01:20:22,290 --> 01:20:29,400

second of the three trials take the

1861

01:20:25,050 --> 01:20:33,480

position that the Lofgren verdict was

1862

01:20:29,400 --> 01:20:36,510

that ownership of the wall and the Mogra

1863

01:20:33,480 --> 01:20:38,430

be area not the pavement in front of the

1864

01:20:36,510 --> 01:20:41,130

wall but the mokra be area and the wall

1865

01:20:38,430 --> 01:20:43,170

reside with the muslims and that that

1866

01:20:41,130 --> 01:20:45,540

continues to be the law to this day the

1867

01:20:43,170 --> 01:20:47,160

Israel of course disagrees is realists

1868

01:20:45,540 --> 01:20:51,510

best legislation declaring the wall

1869

01:20:47,160 --> 01:20:53,250

bears but again we see the the origins

1870

01:20:51,510 --> 01:20:55,170

of the legal arguments we hear today all

1871

01:20:53,250 --> 01:20:58,080

the way back in 1930 thank you for the

1872

01:20:55,170 --> 01:21:04,170

question thank you moving to Argentina

1873

01:20:58,080 --> 01:21:05,550

from Maximiliano bum castle stock thanks

1874

01:21:04,170 --> 01:21:07,530

for a very interesting and insightful

1875

01:21:05,550 --> 01:21:08,910

presentation coming back from history to

1876

01:21:07,530 --> 01:21:10,560

the present times do you think that

1877

01:21:08,910 --> 01:21:12,660

there's room and there would be

1878

01:21:10,560 --> 01:21:14,760

advantages in using that legal process

1879

01:21:12,660 --> 01:21:17,010

approach based on the applicable law and

1880

01:21:14,760 --> 01:21:18,930

formal legal debate visa vie the

1881

01:21:17,010 --> 01:21:21,830

ineffective political religious and

1882

01:21:18,930 --> 01:21:25,580

military Senate approach in the region

1883

01:21:21,830 --> 01:21:28,260

Thank You max so much for the question

1884

01:21:25,580 --> 01:21:29,880

here's one interesting thing the Lofgren

1885

01:21:28,260 --> 01:21:31,320

commissioned the second trial remember i

1886

01:21:29,880 --> 01:21:33,690

said their verdict was as kind of a

1887

01:21:31,320 --> 01:21:36,120

split verdict both sides got a little

1888

01:21:33,690 --> 01:21:38,520

bit both sides were unhappy that they

1889

01:21:36,120 --> 01:21:40,670

didn't get everything they wanted but

1890

01:21:38,520 --> 01:21:42,350

the fact of the matter is that

1891

01:21:40,670 --> 01:21:45,140

between the time the verdict was issued

1892

01:21:42,350 --> 01:21:47,750

in late 1930 and the end of the British

1893

01:21:45,140 --> 01:21:50,650

Mandate in 1948 there were no more

1894

01:21:47,750 --> 01:21:53,870

flare-ups at the wall itself there were

1895

01:21:50,650 --> 01:21:58,550

terrible riots during the Arab revolt of

1896

01:21:53,870 --> 01:22:01,880

course from 1936 to 1939 but the Lofgren

1897

01:21:58,550 --> 01:22:04,160

Commission verdict seemed once and for

1898

01:22:01,880 --> 01:22:04,880

all given that it was sort of a split

1899

01:22:04,160 --> 01:22:07,010

decision

1900

01:22:04,880 --> 01:22:08,480

leaving neither side with everything and

1901

01:22:07,010 --> 01:22:13,250

neither side particularly happy it

1902

01:22:08,480 --> 01:22:14,480

seemed to achieve a measure of calm at

1903

01:22:13,250 --> 01:22:17,270

the wall

1904

01:22:14,480 --> 01:22:20,300

the British government codified the

1905

01:22:17,270 --> 01:22:25,580

Lofgren verdict in 1931 issuing an order

1906

01:22:20,300 --> 01:22:27,500

in Council that turned into law the

1907

01:22:25,580 --> 01:22:29,150

various elements of the law African

1908

01:22:27,500 --> 01:22:31,940

verdict including the pan on blowing the

1909

01:22:29,150 --> 01:22:33,650

shofar by Jews at any time including

1910

01:22:31,940 --> 01:22:36,560

Rosh Hashanah and Yom Kippur I would

1911

01:22:33,650 --> 01:22:39,140

tell you that in in all the years that

1912

01:22:36,560 --> 01:22:42,290

followed there was only one prosecution

1913

01:22:39,140 --> 01:22:44,630

that I was able to find of a Jew for

1914

01:22:42,290 --> 01:22:47,150

breaking the law and blowing the shofar

1915

01:22:44,630 --> 01:22:50,210

at the wall that happened in 1946 and

1916

01:22:47,150 --> 01:22:53,120

the British judge in Jerusalem dismissed

1917

01:22:50,210 --> 01:22:55,280

the case finding that the prosecution

1918

01:22:53,120 --> 01:22:58,670

although they had many witnesses who

1919

01:22:55,280 --> 01:23:01,940

testified that the young fellow blew the

1920

01:22:58,670 --> 01:23:03,440

shofar at the wall on Yom Kippur the

1921

01:23:01,940 --> 01:23:05,300

judge dismissed the case because the

1922

01:23:03,440 --> 01:23:08,540

prosecution forgot to prove that the

1923

01:23:05,300 --> 01:23:11,120

defendant was in fact a Jew very very

1924

01:23:08,540 --> 01:23:13,280

interested back what forgot to prove

1925

01:23:11,120 --> 01:23:15,530

that the defendant was in fact Jewish

1926

01:23:13,280 --> 01:23:17,840

because the law only banned Jews from

1927

01:23:15,530 --> 01:23:20,090

blowing the shofar Christians were

1928

01:23:17,840 --> 01:23:22,550

allowed to do so

1929

01:23:20,090 --> 01:23:25,699

here's one of our mutual students

1930

01:23:22,550 --> 01:23:26,929

D'Amico Evy Maiko we all call her what

1931

01:23:25,699 --> 01:23:29,060

was the different Wiener Woodhead

1932

01:23:26,929 --> 01:23:31,130

Commission and the peel Commission and

1933

01:23:29,060 --> 01:23:32,890

why was the peel Commission the one that

1934

01:23:31,130 --> 01:23:35,690

they decided a question at the trial

1935

01:23:32,890 --> 01:23:38,600

Thank You Miko so the peel Commission

1936

01:23:35,690 --> 01:23:41,360

rendered its partition proposal in July

1937

01:23:38,600 --> 01:23:43,460

of 1937 and after that the British

1938

01:23:41,360 --> 01:23:45,590

government sent a follow-on Commission a

1939

01:23:43,460 --> 01:23:47,929

technical Commission to work out the

1940

01:23:45,590 --> 01:23:50,270

details of partition and that was known

1941

01:23:47,929 --> 01:23:52,040

as the Woodhead Commission which spent a

1942

01:23:50,270 --> 01:23:52,900

long time in Palestine and then came

1943

01:23:52,040 --> 01:23:54,489

back

1944

01:23:52,900 --> 01:23:58,690

with a report to the government on

1945

01:23:54,489 --> 01:24:01,480

November 9 1938 ironically the same

1946

01:23:58,690 --> 01:24:03,610

exact day as cristal knocked in Germany

1947

01:24:01,480 --> 01:24:05,590

and the Woodhead Commission reported

1948

01:24:03,610 --> 01:24:08,170

back to the government that partition

1949

01:24:05,590 --> 01:24:10,449

was in fact not a workable solution and

1950

01:24:08,170 --> 01:24:13,980

the British government then in its white

1951

01:24:10,449 --> 01:24:17,320

paper of May 1939 formally abandoned

1952

01:24:13,980 --> 01:24:19,120

partition capped Jewish immigration to

1953

01:24:17,320 --> 01:24:23,400

Palestine for the next five years in a

1954

01:24:19,120 --> 01:24:26,350

grand total of seventy five thousand and

1955

01:24:23,400 --> 01:24:29,350

endorsed the creation of a majority

1956

01:24:26,350 --> 01:24:32,170

ruled Palestine within ten years time

1957

01:24:29,350 --> 01:24:34,719

that was the most favorable proposal

1958

01:24:32,170 --> 01:24:35,920

ever made to the Palestinian Arabs and

1959

01:24:34,719 --> 01:24:37,750

I'm going to talk about that in great

1960

01:24:35,920 --> 01:24:39,940

detail in my next book thanks meek over

1961

01:24:37,750 --> 01:24:43,150

the question next question is from

1962

01:24:39,940 --> 01:24:45,250

Mohammed Abdel Fattah from Palestine

1963

01:24:43,150 --> 01:24:48,100

even if you kake colonial administration

1964

01:24:45,250 --> 01:24:49,480

was clear in this language why you K

1965

01:24:48,100 --> 01:24:51,400

declaration the position should be a

1966

01:24:49,480 --> 01:24:53,489

reference to legal claims at both sides

1967

01:24:51,400 --> 01:24:57,640

of the conflict

1968

01:24:53,489 --> 01:25:00,070

um again great question and goes back to

1969

01:24:57,640 --> 01:25:01,840

what I was saying earlier about the

1970

01:25:00,070 --> 01:25:04,750

notion that that the British embraced

1971

01:25:01,840 --> 01:25:07,060

which was that large elements of the

1972

01:25:04,750 --> 01:25:08,560

conflict were legal in nature again

1973

01:25:07,060 --> 01:25:10,780

going back to Britain's obligations

1974

01:25:08,560 --> 01:25:13,719

under the mandate which is why Britain

1975

01:25:10,780 --> 01:25:16,380

convened really all three of those

1976

01:25:13,719 --> 01:25:21,159

trials all three of those commissions

1977

01:25:16,380 --> 01:25:23,170

thank you very much some are about goaty

1978

01:25:21,159 --> 01:25:25,630

royal university for women what is the

1979

01:25:23,170 --> 01:25:28,360

legal set the whaling will now and on

1980

01:25:25,630 --> 01:25:30,300

what legal basis as I said earlier the

1981

01:25:28,360 --> 01:25:32,860

legal status of the wall is disputed

1982

01:25:30,300 --> 01:25:34,810

Israel claims ownership by virtue of

1983

01:25:32,860 --> 01:25:37,780

legislation had passed after the six-day

1984

01:25:34,810 --> 01:25:40,719

war and many Palestinian legal scholars

1985

01:25:37,780 --> 01:25:43,659

go back to the 1930 the lockring

1986

01:25:40,719 --> 01:25:47,350

commission claiming that the walk still

1987

01:25:43,659 --> 01:25:49,810

owns not just the Haram al-sharif but

1988

01:25:47,350 --> 01:25:51,940

also the wall which is part of the

1989

01:25:49,810 --> 01:25:54,250

curtilage part of the retaining wall of

1990

01:25:51,940 --> 01:25:55,150

the Temple Mount or the Haram thank you

1991

01:25:54,250 --> 01:25:57,370

for the question

1992

01:25:55,150 --> 01:25:58,780

Kobi who remain from Israel thank thank

1993

01:25:57,370 --> 01:26:01,449

you Steve for wonderful presentation

1994

01:25:58,780 --> 01:26:03,460

during the different trials who were the

1995

01:26:01,449 --> 01:26:05,770

masterminds on each side that set their

1996

01:26:03,460 --> 01:26:06,610

legal strategies and argumentation or

1997

01:26:05,770 --> 01:26:10,810

was it left

1998

01:26:06,610 --> 01:26:13,570

the lawyers on each side Thank You Koby

1999

01:26:10,810 --> 01:26:16,270

really grateful for the question because

2000

01:26:13,570 --> 01:26:18,220

the documents show that during the first

2001

01:26:16,270 --> 01:26:21,070

trial the trial that went so poorly for

2002

01:26:18,220 --> 01:26:22,840

the Jewish side veidt's Minh sitting in

2003

01:26:21,070 --> 01:26:28,150

his office in the Jewish Agency in

2004

01:26:22,840 --> 01:26:31,690

London was constantly meddling in the

2005

01:26:28,150 --> 01:26:34,690

goings-on in the courtroom in Jerusalem

2006

01:26:31,690 --> 01:26:36,400

sending cables to the lawyers directing

2007

01:26:34,690 --> 01:26:39,640

the lawyers to ask certain witnesses

2008

01:26:36,400 --> 01:26:42,700

certain questions trying desperately to

2009

01:26:39,640 --> 01:26:46,420

convince Merryman to try to introduce

2010

01:26:42,700 --> 01:26:48,940

into evidence the letter that by Saul

2011

01:26:46,420 --> 01:26:51,940

that second letter in 1919 at by saw Row

2012

01:26:48,940 --> 01:26:54,330

two Felix Frankfurter by the way

2013

01:26:51,940 --> 01:26:56,680

Merryman tried to introduce the letter

2014

01:26:54,330 --> 01:26:58,630

Ione Bay immediately said that there was

2015

01:26:56,680 --> 01:27:00,340

no such letter and he produced a

2016

01:26:58,630 --> 01:27:02,620

telegram from by Saul now the king of

2017

01:27:00,340 --> 01:27:04,450

Iraq if I saw denying that he had ever

2018

01:27:02,620 --> 01:27:07,120

written the letter and Merryman just

2019

01:27:04,450 --> 01:27:10,360

gave up he gave up all he needed to do

2020

01:27:07,120 --> 01:27:11,860

was cable frankfurter in Washington or

2021

01:27:10,360 --> 01:27:13,270

New York and would have been able to get

2022

01:27:11,860 --> 01:27:16,600

the letter and introduce it Marianna

2023

01:27:13,270 --> 01:27:18,010

just gave up so if I'd spent very deeply

2024

01:27:16,600 --> 01:27:20,860

involved in the details and the

2025

01:27:18,010 --> 01:27:22,480

intricacies of the first trial and he

2026

01:27:20,860 --> 01:27:24,940

admitted later that he made a mistake by

2027

01:27:22,480 --> 01:27:27,640

doing that especially made a mistake by

2028

01:27:24,940 --> 01:27:30,250

hiring merry men which is why he chose

2029

01:27:27,640 --> 01:27:31,570

le atch invites then basically took a

2030

01:27:30,250 --> 01:27:33,490

hands-off approach in the second trial

2031

01:27:31,570 --> 01:27:37,270

and then in the third trial the peel

2032

01:27:33,490 --> 01:27:39,220

Commission as I said Weitzman became the

2033

01:27:37,270 --> 01:27:42,400

most important and the most eloquent

2034

01:27:39,220 --> 01:27:44,410

witness the most persuasive witness even

2035

01:27:42,400 --> 01:27:46,360

more than Ben Gurion who also testified

2036

01:27:44,410 --> 01:27:49,000

more than Golda Meir who also testified

2037

01:27:46,360 --> 01:27:50,560

but this man was by far the most

2038

01:27:49,000 --> 01:27:53,640

important witness for the Jewish side

2039

01:27:50,560 --> 01:27:56,290

and the third trial and in my view did

2040

01:27:53,640 --> 01:27:58,630

spectacular job presenting the Jewish

2041

01:27:56,290 --> 01:28:00,940

case I hope we have time for just one

2042

01:27:58,630 --> 01:28:01,930

last question from Eric sell cough why

2043

01:28:00,940 --> 01:28:07,290

was the San Remo

2044

01:28:01,930 --> 01:28:10,860

Agreement not implemented well San Remo

2045

01:28:07,290 --> 01:28:15,820

was where as I said the boundaries of

2046

01:28:10,860 --> 01:28:19,870

the mandatory area were carved out and

2047

01:28:15,820 --> 01:28:22,120

in fact San Remo was implemented because

2048

01:28:19,870 --> 01:28:25,140

when the mandate the original mandate

2049

01:28:22,120 --> 01:28:28,590

was confirmed by the League of Nations

2050

01:28:25,140 --> 01:28:31,690

those boundaries became the boundaries

2051

01:28:28,590 --> 01:28:34,300

Sanremo contained language requiring

2052

01:28:31,690 --> 01:28:36,730

that the Balfour Declaration be

2053

01:28:34,300 --> 01:28:39,220

incorporated by reference and Weitzman

2054

01:28:36,730 --> 01:28:41,350

was able to get language in the preamble

2055

01:28:39,220 --> 01:28:43,720

of the mandate talking about not just

2056

01:28:41,350 --> 01:28:46,120

the establishment of a national home for

2057

01:28:43,720 --> 01:28:48,940

the Jewish people but the reconstitution

2058

01:28:46,120 --> 01:28:51,190

of a national home for the Jewish people

2059

01:28:48,940 --> 01:28:53,920

well reconstitution very important

2060

01:28:51,190 --> 01:28:57,370

concept because it implied that the Jews

2061

01:28:53,920 --> 01:28:58,720

weren't just sort of taking over a place

2062

01:28:57,370 --> 01:29:01,030

where they had never been before but

2063

01:28:58,720 --> 01:29:03,670

they but that they had historical

2064

01:29:01,030 --> 01:29:07,060

connection and historically based write

2065

01:29:03,670 --> 01:29:09,850

to reconstitute their homeland there and

2066

01:29:07,060 --> 01:29:13,630

so Sanremo really led to in many ways

2067

01:29:09,850 --> 01:29:15,790

the many of the important provisions of

2068

01:29:13,630 --> 01:29:18,700

the mandate which did take on the force

2069

01:29:15,790 --> 01:29:20,470

of international law thank you well I'm

2070

01:29:18,700 --> 01:29:24,040

afraid that last answer I want to

2071

01:29:20,470 --> 01:29:25,840

apologize to to everyone who I couldn't

2072

01:29:24,040 --> 01:29:28,480

get in there were so many questions we

2073

01:29:25,840 --> 01:29:32,160

had about 60 questions I tried to be as

2074

01:29:28,480 --> 01:29:34,510

fair as I could and I want to thank

2075

01:29:32,160 --> 01:29:36,880

professors that are seen not only for

2076

01:29:34,510 --> 01:29:40,420

this marvelous presentation but his

2077

01:29:36,880 --> 01:29:43,930

willingness to answer so many questions

2078

01:29:40,420 --> 01:29:46,690

that made yeah it shows when a speaker

2079

01:29:43,930 --> 01:29:48,820

is prepared well and doesn't go over ton

2080

01:29:46,690 --> 01:29:51,850

if that ends a little earlier how much

2081

01:29:48,820 --> 01:29:54,070

you can actually accomplish I want to

2082

01:29:51,850 --> 01:29:58,270

thank all of you who did send us

2083

01:29:54,070 --> 01:30:03,190

questions and it made a huge difference

2084

01:29:58,270 --> 01:30:05,170

I also you met a mini jet at the outset

2085

01:30:03,190 --> 01:30:07,930

or a deputy director I would also like

2086

01:30:05,170 --> 01:30:11,620

to thank some of my Maharaja who spent

2087

01:30:07,930 --> 01:30:14,440

hours of her own time so working so hard

2088

01:30:11,620 --> 01:30:17,470

to make all of this work and work so

2089

01:30:14,440 --> 01:30:20,380

well and I also want to thank Samara

2090

01:30:17,470 --> 01:30:23,170

Smith me for all of her efforts as well

2091

01:30:20,380 --> 01:30:25,210

as part of our staff see me we'll have

2092

01:30:23,170 --> 01:30:28,150

more programs in the future and our

2093

01:30:25,210 --> 01:30:31,210

office will be in touch soon to inform

2094

01:30:28,150 --> 01:30:33,280

you until then our very best in hope

2095

01:30:31,210 --> 01:30:33,810

everyone takes care so they are not

2096

01:30:33,280 --> 01:30:38,840

harmed

2097

01:30:33,810 --> 01:30:38,840

by the coronavirus bye bye for now