William James Fitzgerald
Encyclopedia
Sir William James Fitzgerald (May 1894 - July 1989) was an Irish jurist who served as Chief Justice of the Supreme Court of Palestine
Palestine
Palestine is a conventional name, among others, used to describe the geographic region between the Mediterranean Sea and the Jordan River, and various adjoining lands....

 during the time of the British Mandate.

Early life

Fitzgerald was born in Cappawhite
Cappawhite
Cappawhite often spelled Cappaghwhite is a village in South Tipperary, Ireland and is located on the R505 regional road from Cashel to County Limerick...

, County Tipperary
County Tipperary
County Tipperary is a county of Ireland. It is located in the province of Munster and is named after the town of Tipperary. The area of the county does not have a single local authority; local government is split between two authorities. In North Tipperary, part of the Mid-West Region, local...

, Ireland in May 1894. He attended Blackrock College
Blackrock College
Blackrock College is a Catholic voluntary secondary school for boys aged 14–18, located in Williamstown, Blackrock, County Dublin, Ireland. The College was founded by French missionaries in 1860, to act as a school and civil service training centre. Set in of grounds, it has an illustrious...

 and Trinity College Dublin

During World War I he served in the Durham Light Infantry
Durham Light Infantry
The Durham Light Infantry was an infantry regiment of the British Army from 1881 to 1968. It was formed by the amalgamation of the 68th Regiment of Foot and the 106th Regiment of Foot along with the militia and rifle volunteers of County Durham...

. He was awarded the Military Cross
Military Cross
The Military Cross is the third-level military decoration awarded to officers and other ranks of the British Armed Forces; and formerly also to officers of other Commonwealth countries....

 and the Croix de Guerre
Croix de guerre
The Croix de guerre is a military decoration of France. It was first created in 1915 and consists of a square-cross medal on two crossed swords, hanging from a ribbon with various degree pins. The decoration was awarded during World War I, again in World War II, and in other conflicts...

.

In 1922 he was called to the Bar of Ireland (at the King's Inns
King's Inns
The Honorable Society of King's Inns , is the institution which controls the entry of barristers-at-law into the justice system of Ireland...

, Dublin) and the Bar of England and Wales (at the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...

, London.)

Colonial Service

He was appointed Crown Counsel (a public prosecutor) in the colonial government of Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...

 in 1924. In 1932, he was appointed Solicitor-General in Northern Rhodesia
Northern Rhodesia
Northern Rhodesia was a territory in south central Africa, formed in 1911. It became independent in 1964 as Zambia.It was initially administered under charter by the British South Africa Company and formed by it in 1911 by amalgamating North-Western Rhodesia and North-Eastern Rhodesia...

 (now Zambia
Zambia
Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west....

); he became the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...

 there in the following year. In 1937, he was appointed Attorney General of Palestine, at the time under British mandate. In 1944, he was appointed Chief Justice.

In 1945, following Arab claims that the Arab population was underrepresented in the Jerusalem city council, the High Commissioner
High Commissioner
High Commissioner is the title of various high-ranking, special executive positions held by a commission of appointment.The English term is also used to render various equivalent titles in other languages.-Bilateral diplomacy:...

, Lord Gort
John Vereker, 6th Viscount Gort
Field Marshal John Standish Surtees Prendergast Vereker, 6th Viscount Gort, VC, GCB, CBE, DSO & Two Bars, MVO, MC , was a British and Anglo-Irish soldier. As a young officer in World War I he won the Victoria Cross at the Battle of the Canal du Nord. During the 1930s he served as Chief of the...

, appointed Fitzgerald to investigate the issue and offer a solution. On 28 August Fitzgerald issued his report, which proposed dividing the city into autonomous Jewish and Arab boroughs.

Fitzgerald was the last British Chief Justice of Palestine. Towards the end of the mandate he attempted to find a judicial post in England, but was unsuccessful. He was offered the presidency of the West African Court of Appeal (which was the court of appeal for the British colonies in West Africa) but he rejected the offer.

Career in the United Kingdom

In March 1948, he sent all British judges in Palestine back to the United Kingdom, and in May 1948, following the end of the British mandate, he also returned. Eighteen months later, he was appointed president of the Lands Tribunal in London. This was his last judicial role, which he performed for fifteen years.

Evaluations

The anonymous Irish Times obituarist observed of Sir William's service in Palestine that--

... Sir William is said to have remained "rigidly unpolitical and a man of moderation," whose "evident Irishness was perhaps a help" and who wrote extensively about the importance of Jerusalem's spiritual and cultural legacy. It is said that he was one of the very few "old Palestine hands" who was equally welcome at the London embassies of Israel and Jordan after the creation of the State of Israel.


Sir William is reported, by the same source, to have favoured the establishment of a Palestinian state
Proposals for a Palestinian state
Proposals for a Palestinian state currently refers to the proposed establishment of an independent state for the Palestinian people in Palestine on land that was occupied by Israel since the Six-Day War of 1967 and before by Egypt and by Jordan since 1949...

.

Further reading

  • Anon "Former Palestine Chief Justice Dies" Irish Times 10 July 1989 p 10
  • Assaf Likhovski (2006) Law and Identity in Mandate Palestine UNC Press
  • Haim Shenhav (2007) The mandate and its discontent, on love and betrayal, Am Oved

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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