The Privy Council’s Judicial Committee has dismissed the appeal of two Arabs against death sentences imposed in Palestine following a hearing in which the legality of Palestine’s strict emergency laws for coping with violence was challenged.
The Arabs had been convicted of firing at troops with intent to assist the enemy. Their petition was heard by Lords Thankerton, Russell Killowen and Roche.
Commyn Carr, appearing for the Arabs, held the Palestine emergency regulations were not in accordance with the League of Nations Covenant under which, he said, territories of the former Ottoman empire were to be recognized as independent states subject to temporary administrative assistance and advice from the Mandatory Power.
“They (the territories) were conquered and ceded by the Allies to the League for mandate purposes,” remarked Lord Thankerton.
Mr. Carr argued that the emergency regulations were ultra vires (exceeding authority) on the ground that they were prejudicial to the civil and religious rights of non-Jewish communities in Palestine.
No reason was given for the dismissal of the appeal.
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