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Sir William James Fitzgerald (May 1894 – July 1989) was a British and Irish jurist who served as Chief Justice of the Supreme Court of Palestine during the time of the British Mandate.


Early life

Fitzgerald was born in
Cappawhite Cappawhite, also Cappaghwhite (), is a village in County Tipperary, Ireland and is located on the R505 regional road from Cashel to County Limerick. Close major towns near the village include Tipperary Town which is 12 kilometres south of the v ...
,
County Tipperary County Tipperary ( ga, Contae Thiobraid Árann) is a county in Ireland. It is in the province of Munster and the Southern Region. The county is named after the town of Tipperary, and was established in the early 13th century, shortly after ...
, Ireland in May 1894. He attended
Blackrock College Blackrock College ( ga, Coláiste na Carraige Duibhe) is a voluntary day and boarding Catholic secondary school for boys aged 13–18, in Williamstown, Blackrock, County Dublin, Ireland. It was founded by French missionary Jules Leman in 186 ...
and
Trinity College Dublin , name_Latin = Collegium Sanctae et Individuae Trinitatis Reginae Elizabethae juxta Dublin , motto = ''Perpetuis futuris temporibus duraturam'' (Latin) , motto_lang = la , motto_English = It will last i ...
. During World War I he served in the
Durham Light Infantry The Durham Light Infantry (DLI) was a light infantry regiment of the British Army in existence from 1881 to 1968. It was formed in 1881 under the Childers Reforms by the amalgamation of the 68th (Durham) Regiment of Foot (Light Infantry) and t ...
, being awarded the
Military Cross The Military Cross (MC) is the third-level (second-level pre-1993) military decoration awarded to officers and (since 1993) other ranks of the British Armed Forces, and formerly awarded to officers of other Commonwealth countries. The MC ...
and the
Croix de Guerre The ''Croix de Guerre'' (, ''Cross of War'') 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 first awa ...
. In 1922 he was called to the Bar of Ireland (at the
King's Inns The Honorable Society of King's Inns ( ir, Cumann Onórach Óstaí an Rí) is the "Inn of Court" for the Bar of Ireland. Established in 1541, King's Inns is Ireland's oldest school of law and one of Ireland's significant historical environment ...
,
Dublin Dublin (; , or ) is the capital and largest city of Ireland. On a bay at the mouth of the River Liffey, it is in the province of Leinster, bordered on the south by the Dublin Mountains, a part of the Wicklow Mountains range. At the 2016 ...
) and the
Bar of England and Wales Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. Barristers have traditionally had the role of handling cases for representation in court, both defence and prosecutio ...
(at the
Middle Temple The Honourable Society of the Middle Temple, commonly known simply 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 I ...
, London.)


Colonial Service

He was appointed Crown Counsel (a public prosecutor) in the colonial government of
Nigeria Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf o ...
in 1924. In 1932, he was appointed Solicitor-General in
Northern Rhodesia Northern Rhodesia was a British protectorate in south central Africa, now the independent country of Zambia. It was formed in 1911 by amalgamating the two earlier protectorates of Barotziland-North-Western Rhodesia and North-Eastern Rhodesi ...
(now
Zambia Zambia (), officially the Republic of Zambia, is a landlocked country at the crossroads of Central, Southern and East Africa, although it is typically referred to as being in Southern Africa at its most central point. Its neighbours are t ...
); he became the
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
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 Jerusalem (; he, יְרוּשָׁלַיִם ; ar, القُدس ) (combining the Biblical and common usage Arabic names); grc, Ἱερουσαλήμ/Ἰεροσόλυμα, Hierousalḗm/Hierosóluma; hy, Երուսաղեմ, Erusałēm. i ...
city council, the High Commissioner,
Lord Gort Field Marshal John Standish Surtees Prendergast Vereker, 6th Viscount Gort, (10 July 1886 – 31 March 1946) was a senior British Army officer. As a young officer during the First World War, he was decorated with the Victoria Cross for his actio ...
, 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 ''The Irish Times'' is an Irish daily broadsheet newspaper and online digital publication. It launched on 29 March 1859. The editor is Ruadhán Mac Cormaic. It is published every day except Sundays. ''The Irish Times'' is considered a newspaper ...
'' 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.Anon "Former Palestine Chief Justice Dies" ''Irish Times'' 10 July 1989 p 10
Sir William is reported, by the same source, to have favoured the establishment of a
Palestinian state Palestine ( ar, فلسطين, Filasṭīn), officially the State of Palestine ( ar, دولة فلسطين, Dawlat Filasṭīn, label=none), is a state located in Western Asia. Officially governed by the Palestine Liberation Organization (PL ...
.


References


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


Fitzgerald report and map
Gilay Collectibles site {{DEFAULTSORT:Fitzgerald, William James British Army personnel of World War I 20th-century English judges Irish barristers English barristers 1894 births Administrators of Palestine Recipients of the Military Cross Recipients of the Croix de Guerre 1914–1918 (France) Durham Light Infantry officers 1989 deaths Jewish insurgency in Mandatory Palestine Mandatory Palestine judges Attorneys-General of Mandatory Palestine Attorneys-General of Northern Rhodesia Alumni of King's Inns