existence of the Palestinian people in Mandatory Palestine for centuries
and the de jure recognition of them as a people in that land necessarily
links the Palestinian people with Mandatory Palestine, indicating that
the Palestinian right to self-determination can only be exercised within
the borders of their homeland as the territory where their right has been
recognized.
2.1 The People: Palestinian People Wherever they are
The Palestinians have been the de facto people of Palestine well before the 20th
century and the rise of Zionism. The de jure recognition of Palestinian nationality,
and by extension their peoplehood, dates back to the Treaty of Lausanne signed
in 1923.16 Article 30 of the Treaty of Lausanne asserts that all Palestinians
previously subject to Ottoman rule and habitual residents of Palestine as of 6
August 1924 qualify for the Palestinian nationality. This recognition is consistent
with similar nationality provisions enshrined in post-World War I treaties,
indicating that this de jure recognition of the Palestinian nationality is not unique
and is indeed a legitimate legal basis that Palestinians are the people of Palestine.17
Contemporarily, the de jure recognition of the Palestinian people has been
reinforced with the recognition of the Palestine Liberation Organization as the
representative of the Palestinian people in United Nations General Assembly
16 “Turkish subjects habitually resident in territory which in accordance with the provisions of the present
Treaty is detached from Turkey will become ipso facto, in the conditions laid down by the local law, nationals
of the State to which such territory is transferred.” League of Nations, Treaty of Peace, signed at Lausanne,
B.E.-Fr.-It.-Jp.-Gr.-Tr., 28 UNTS 701, 24 July 1923, Article 30, available at: https://treaties.un.org/doc/
publication/unts/lon/volume%2028/v28.pdf
17 Other peoples were conferred with nationalities pursuant to similar provisions. See German nationality,
Treaty of Peace with Germany (Treaty of Versailles), signed at Versailles, 28 June 1919, Article 278; Polish
nationality, Minorities Treaty Between the Principal Allied and Associated Powers and Poland, signed
at Versailles, 28 June 1919, Articles 4 and 6, available at: http://www.forost.ungarisches-institut.de/
pdf/19190628-3.pdf; Romanian nationality, Treaty Between the Principal Allied and Associated Powers
and Roumania, signed at Paris, 9 December 1919, Articles 4 and 6; Austrian nationality, Treaty of Peace
Between the Principal Allied and Associated Powers and Austria, signed at Saint Germain- en-Laye, 10
September 1919, Articles 64-65, available at: http://www.forost.ungarisches- institut.de/pdf/19190910-1.
pdf; Bulgarian nationality, Treaty of Peace Between the Allied and Associated Powers and Bulgaria, and
Protocol and Declaration, signed at Neuilly-sur- Seine, 27 November 1919, Articles 51-52; Hungarian
nationality, Treaty of Trianon, signed at Trianon, 4 June 1920, Articles 56-57.
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