^* Editorial Notes This Report was originally published by His Majesty's Stationary Office in 1931. All emphases are in the original unless otherwise indicated. Notes with Arabic numbers are those of the Editor, other- wise they are in the original. Omitted parts of the Report are marked with dots. The genesis of this Report is rooted in the "disturbances" which occurred in Palestine in August, 1929, when the Shammas (beadle) at the Western Wall set up, apparently in compliance with Jewish ritual, a screen on the strip of pavement in front of the Wall to separate the women from the men. The Arabs complained that the status quo was violated, and were concerned that such a move was ultimately intended by Jews to take possession of the Mosque of Al-Aqsa. In an attempt to dispel the Arabs' fear, the Vaad Leumi, the Council of the Jewish settlers in Palestine, declared in a public statement that : We herewith declare emphatically and sincerely that no Jew has ever thought of encroaching upon the rights of Moslems over their own Holy places, but our Arab brethern should also recognize the rights of Jews in regard to the places in Palestine which are holy to them. The Jewish settlers however, organized a demonstration in Jerusalem in front of the Wailing Wall, where the Zionist flag was unfurled and Hatikvah, their national hymn, was sung. The settlers dem- onstrated with slogans sueh as "The Wall is ours"- Tension was mounting and finally broke out on August 23 and lasted until August 29, 1929. It began in Jerusalem and spread all over Palestine. On September 13, 1929, a Commission of Inquiry was formed to investigate the cause of the "distur- bances" The Commission was headed by Sir Walter Shaw, former Chief Justice of the Straits Set- tlements. The Commission arrived in Palestine on October 24, 1929 and remained there until December 29, 1929. While the Commission found that the outbreak was not premeditated, it pointed out that the fundamental cause of the disturbances was "the Arab feeling of animosity and hostility toward the Jews consequent upon the disappointment of their political and national aspirations and fear for their economic future." One of the recommendations of Shaw Commission to the Secretary of State for the Colonies was the need for the establishement of an ad hoc Commission to determine the rights and claims in connec- tion with the Wailing Wall in Jerusalem. The Council of the League of Nations took notice of that recommendation and adopted a resolution on January 14, 1930, in which it decided, inter alia, that: 1. A Commission shall be entrusted with [the settlement of the rights and claims of the Jews and Moslems with regard to the Wailing Wall]; 2. This Commission shall consist of these numbers who shall not be of British nationality ... Members of the Commission, as endorsed by the Council of the League on May I5, 1930, were : - Eliel Lofgren, formerly Swedish Minister for Foreign Affairs, Member of the Upper Chamber of the Swedish Riksdag (as Chairman). - Charles Barde, Vice-President of the Court of Justice at Geneva, President of the Austro-Rou- manian Mixed Arbitration Tribunal, and - C.J. Van Kempen, formerly Governor of the East Coast of Sumatra, Member of the States- General of the Netherlands. On June 13, 1930 the members of the new Commissioned sailed for Palestine and arrived on the 19th of June. They stayed in Palestine for one month.

^* Editorial Notes continued The Commission examined 52 witnesses, 21 of them being called by the Jewish counsel, 30 by the Moslem counsel and one British official. The Commission received 61 documents or collection of documents of them 35 were presented by the Jewish side and 26 by the Moslem. The Commission submitted its Report in December 1930. Interfacing the status quo of Jerusalem and the confirmation that the Western Wall is a Moslem Waqf as upheld by the Commission with Israel's current policies consistently and deliberately pur- sued sinee 1967, one may reasonably ascertain that the issue of Jerusalem will probably lead to an international confrontation. The master plan for Jerusalem as designed by the Israeli authorities suc- einctly demonstrates that it "aimed at expressing Israel's emotional, religious, and national attach- mcnt to the city. The Jewish people's prerogative supercedes the rights of the Muslims, ...." See, Ben- venisti, City of Stone: The Hidden History ofJerusalem 139(1996). This exclusive policy is destined to confrontation sooner rather than later. I All appendices are not reproduced.

^* Abraham was buried at Hebron, where the Arabs erected a Mosque in his honour. The Jews are not allowed to enter the Mosque but until 1929 were wont to make their devotions at the lower part of the exterior wall of the Mosque.

2 Ordinance To Provide For the Control of Antiquities (Antiquities Ordinance), of December 31, 1929, 1 Laws of Palestine (Dryton, ed. 1934), at 28.

3 Emphasis added.

4 Emphasis added.

5 Emphasis added. 6 When Israel captured East Jerusalem in the June War of 1967, it began its first demolishing plan of the Moghrabi Quarter. That operation commenced even before Israel removed the bodies of killed soldiers from the streets of Jerusalem. That move was the beginning of an Israeli process to under- mine the status quo. Benvenisti, Jerusalem: The Torn City (1976).

^* The tomb of Rachel near Bethlehem in which Jacob's wife is believed to have been interred has been a subject of dispute between Arabs and Jews. The Jews possess the keys and claim their right on the ground of an alleged Firman of 1615. As no agreement between the two Parties has been reached, necessary repairs to the exterior of the monument have been carried out by the Palestine Administration.

7 The Palestine (Holy Plaees) Order in Council, 1924 of July 25, 1924, 3 Laws of Palestine (Drayton, ed., 1934) at 2625. 8 See Jerusalem -Aspects ofLaw (Ahimeir-ed., 1983). This is a compilation of legal studies by Israeli lawyers who effectively argue that the status quo principles are no longer applicable. This mono- graph reproduced at its first page a hand written note by the then Prime Minister, David Ben Gurim, which reads: "Israel's position with regard to Jerusalem was clearly and conclusively expressed in the Knesset on Monday, December 5, 1949 by the Government and all parties of the Knesset. Jeru- salem is an invisible part of the State of Israel and its eternal capital. No UN vote can change this historical fact.". (December 10, 1949).

9 Emphasis added.

10 Emphasis added. 11 I Emphasis added.

12 Emphasis added.