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For lack of comprehensive knowledge of the Byzantine and Ghassanid history some historians create confusion about the actual role of the Ghassanids and their alliance with Byzantium. They pejoratively call Ghassan “client-state” or “vassal” without even explaining what that really meant in the context of 6th and 7th century.
The scholar Irfan Shahid made a very interesting statement:
“He [Arethas] was a king (rex) without a kingdom (regnum), that is, his Basileia carried with it no real territorial jurisdiction since he and his federates were settled on Roman soil. He was the king of the Ghassanids or Saracens in Oriens (and beyond Byzantine limits).” (Irfan Shahîd, Byzantium and the Arabs in the Sixth Century, vol. 1, 1995, p. 107)
The “Basileia” (Byzantine kingship) that Professor Shahid refers to, is the bestowal of a second kingship by Byzantine Emperor Justinian I to King Al-Harith (Arethas) in 529 AD. That second kingship was not accompanied by a territorial grant of the part of Syria (Al-Sham) which was “de jure” Byzantine territory but “de facto” Ghassanid, or as per several Muslim scholars (see reference below), Syria was a “shared sovereignty” by Byzantines and Ghassanids. As far as the Ghassanid role within the Byzantine boarders it may be accurate, but, as proven below, the Ghassanid jurisdiction did not depend on the Roman (Byzantine) Empire, as the Kingdom was founded in 220 AD ( hundreds of years before their allegiance to the Byzantine Empire ) on land that did not belong either to the western or to the eastern (Byzantine) Roman Empire.
To assume that is a very common mistake made even by scholars due to several facts, specially the prejudice of several historians past and present. The worst fact is that the great majority of them even admitted their prejudice and open dislike of the Ghassanids.
We have to separate the role of “Archphylarc” (Supreme Commander-in-Chief of the Arab Tribes) of the Byzantine Federation and the title “Basileus Araves” (Emperor or High King of All Arabs) given by Emperor Justinian in 529 CE from the actual Kingship over the people of Ghassan, which the majority of scholars have agreed, were not Roman (Byzantine) citizens.
“The dignity of King in Procopius had been sharply differentiated from the “Supreme Phylarchate” (archyphilarchia), with which Arethas was endowed“ (Irfan Shahîd, Byzantium and the Arabs in the Sixth Century, vol. 1, 1995, p. 103).
“The title awarded to the Ghassanid Ruler or Chief BY HIS OWN PEOPLE was neither Patricius nor Phylarch but KING (AL-MALIK). The title , established BEYOND DOUBT by Procopius is confirmed by the contemporary poetry of Hassan and of later poets who continued this authentic tradition,. But the strongest evidence is supplied by contemporary epigraphy — the Usays Inscription carved by one of [King] Arethas commanders, Ibn Al-Mughira, who refers to him around A.D. 530 as Al-Malik, the King. There is also no doubt that the Ghassanid Arethas was dressed as a King on important occasions in Ghassanland, since the poet laureate of later times underscores his own eminent position among his Ghassanid patrons by nothing that he used to sit not far from their crowned head.” (Irfan Shahîd, Byzantium and the Arabs in the sixth century, Volume 2 part 2 pg.164)
“The (Usays) inscription is considered to be the most important Arabic inscription of the sixth century, the second most important of all the pre-Islamic Arab inscriptions as a historical document. (Irfan Shahîd, Byzantium and the Arabs in the Sixth Century, vol. 1, 1995, p. 117)
The significance of the term “vassal” is broad:
“Vassal is a term used as part of feudalism in medieval Europe, where one enters into mutual obligations to a monarch, usually in the form of military support and mutual protection, in exchange for certain privileges, usually to include land held as a fiefdom. This system can be applied to similar systems in other feudal societies. Although related, a fidelity, or fidelitas, is somewhat different as it is a sworn loyalty, subject to the king.” http://en.wikipedia.org/wiki/Vassal
The concept of sovereignty is very debatable and until today has no unanimity or general agreement on:
“The concept has been discussed, debated and questioned throughout history, from the time of the Romans through to the present day, although it has changed in its definition, concept, and application throughout, especially during the Age of Enlightenment.”
According to Professor Lassa Oppenheim, one of the highest authorities on international law (International Law 66 (Sir Arnold D. McNair ed., 4th ed. 1928) :
“There exists perhaps no conception the meaning of which is more controversial than that of Sovereignty. It is an indisputable fact that this conception, from the moment when it was introduced into political science until the present day, has never had a meaning which was universally agreed upon. “
The simple namesake of “Vassal” does not mean “without Sovereignty”:
“Feudal vassalage . So, also, tributary states, and those subject to a kind of feudal dependence or vassalage, are still considered as sovereign, unless their sovereignty is destroyed by their relation to other states. Tribute does not necessarily affect sovereignty, nor does the acknowledgment of a nominal vassalage or feudal dependency.” (Henry Wager Halleck, Elements of international law and laws of war p.44)
“… the mere fact of dependence or feudal vassalage and payment of tribute, or of occasional obedience, or of habitual influence, does not destroy, although it may greatly impair, the sovereignty of the state so situated.”(Ibid. p. 188)
It’s ludicrous to try to diminish the role of the Ghassanids by saying that their military alliance to Byzantium and occasional “honorific homages” represented any loss of sovereignty. If the payment of any tribute, financial or honorary, is an indicative of the lack of sovereignty, so also the Byzantine emperors were not sovereign since they’ve had, for many times, paid tributes to barbarian kings to prevent invasions and other neighboring dynasties like the Persian emperor or the Arab Caliph.
Interesting to mention, that the actual recipients of a financial compensation from Byzantium were the Ghassanids and not the opposite since Byzantium used to pay a “munera” (directly to the kings), a “salaria” (to be given to the soldiers) and also the “annona foederatica” (a subsidy given to allies) to the Ghassanid kings in exchange of the military support. By simple logic, if Byzantium had the legal ownership of the Ghassanid sovereignty, they could simply demand the support without paying a single dime.
Remember that a sovereign don’t “ask”, but “command”.
Also, by saying that the Ghassanids had no sovereignty because the Ghassanid king had to have the support of the Byzantine emperor to be accepted is also nonsensical since every single king in Europe had to have the support of the Pope and sometimes even his physical presence in the coronation in order to be accepted. That didn’t make the European kings any less sovereign.
According to one of the Forefathers of International Law, Emmerich de Vattel in his book, “Law of Nations“:
Book I – Chap. I. Of Nations or Sovereign States
§ 5. States bound by unequal alliance.
We ought, therefore, to account as sovereign states those which have united themselves to another more powerful, by an unequal alliance, in which, as Aristotle says, to the more powerful is given more honour, and to the weaker, more assistance. The conditions of those unequal alliances may be infinitely varied, but whatever they are, provided the inferior ally reserve to itself the sovereignty, or the right of governing its own body, it ought to be considered as an independent state, that keeps up an intercourse with others under the authority of the Law of Nations.
§ 6. Or by treaties of protection.
Consequently a weak state, which, in order to provide for its safety, places itself under the protection of a more powerful one, and engages, in return, to perform several offices equivalent to that protection, without however divesting itself of the right of government and sovereignty, – that state, I say, does not, on this account, cease to rank among the sovereigns who acknowledge no other law than that of Nations.
§ 8. Of feudatory states.
The Germanic nations introduced another custom – that of requiring homage from a state either vanquished, or too weak to make resistance. Sometimes even, a prince has given sovereignties in fee, and sovereigns have voluntarily rendered themselves feudatories to others.
When the homage leaves independency and sovereign authority in the administration of the state, and only means certain duties to the lord of the fee, or even a mere honorary acknowledgment, it does not prevent the state or the feudatory prince being strictly sovereign. The King of Naples pays homage for his kingdom to the Pope, and is nevertheless reckoned among the principal Sovereigns of Europe.”
It is Important to mention again that several historians in the past had vested interests in diminishing the role and sovereignty of the Ghassanids. The Byzantine historians like Procopius and later some of the Muslim authors did the same once the Ghassanids were their declared historical enemies. On the one hand, the Greco-Roman historians had high prejudice against the Ghassanids, firstly, because they were Arabs, and secondly, because they were Monophysite Christians, a faith that was against the “mainstream” Christianity, officially adopted by the Byzantine Empire.
“Menander (Protector, the Byzantine historian) was a Christian, presumably a Chalcedonian. If so it’s not impossible that he saw in the strongly monophysite Ghassanids a schismatic group that was disrupting the Ecclesiastical unity of the empire with political implications as a centrifugal force. Hence, his dislike of the Ghassanids Arethas and Mundir who were the pillars of the movement both politically and militarily.” (Ibid. p. 335)
On the other hand, the great majority of Muslim historians (past and present) have considered the Ghassanids as traitors and infidels, after the fall of the Kingdom in 638 CE when the last King arguably briefly converted to Islam by force and then apostatized.
“In the capital [Constantinople] he [King Jabalah, the last King of Ghassan] reverted back to Christianity. Heraclius [Byzantine Emperor] received him with honour and bestowed upon him estates and palaces.” (Professor Yasmine Zahran, “Ghassan Resurrected” p. 13)
According to the reputed and greatest scholar in the world regarding Ghassanids, the UNESCO Professor Yasmine Zahran on her book “Ghassan Resurrected” p. xii:
““Ghassan’s strong sense of identity and its fierce Arab Asabiyay* sustained throughout its domination for it remained as an integral part of the Arab tribal world with close relations with their relatives the Uzd (Azd), scattered over the peninsula in Yemen, Hejaz and Iraq and with major tribes outside the Ghassanid Federation and beyond the Roman Limes (Boundary).
With Rome, they kept their imperial connection but they did not adopt or ape Roman customs nor take Greco-Roman names. Their pride kept them from the status of clients or vassals and their integrity made them withdraw twice from Roman (Byzantine) service, but like their predecessors Philip the Arab (Roman Emperor) and Zenobia (Palmyrene Empress), they did not escape Greco-Roman prejudice as authors such as, Agathias, Menander, Evagrius, Theophylact Simocatta, gave them only a marginal role. Theophylact described them as “the Saracen tribe known to be unreliable and fickle, their mind is not steadfast” . Procopius blackened the Ghassanids whom he despised as barbarians to protect Belisarius and to criticize Justinian and Theodora. Theophanes called them wild and rude invaders.”
** `Asabiyya or asabiyah refers to social solidarity with an emphasis on unity, group consciousness, and social cohesion, originally in a context of “tribalism” and “Clanism”, but sometimes used for modern nationalism as well, resembling also Communitarianism . It was a familiar term in the pre-Islamic era, but became popularized in Ibn Khaldun’s Muqaddimah where it is described as the fundamental bond of human society and the basic motive force of history.” http://en.wikipedia.org/wiki/Asabiyyah
This ancient prejudice is echoed by some modern historians who wrote:
“ ‘The lack of information in Greek historians about Arab affairs in the late six and seventh centuries accurately reflects their lack of any importance in contemporary wars and diplomacy, fact that the Arabs appear marginal is because they were.’ (Yasmine Zahran, “Ghassan Resurrected” p. xii)
By the same token, Professor Evangelos Chrysos’ arguments and his prejudice against the Ghassanids, have been “bashed ” by Professor Shahid:
“It does not, however, justify [Professor Evangelos] Chrysos’ conclusion in rejecting on this basis the title of King for Arethas and the appellation regis” (Irfan Shahîd, Byzantium and the Arabs in the Sixth Century, vol. 1, 1995, p. 112)
“Chrysos is still in the embrace of the Lakhmid theory of Procopius and suggesting the utterly incomprehensibe view that Arethas had been given the insignia of Kingship but without the title – and this in spite of the explicit statement that Justinian gave the title to him (Arethas).” (Ibid. 113)
“It is easy to argue, as Chrysos did, from the erroneous premise of a nomadic life for the Ghassanids to the conclusion that their ruler was a tribal shaykh (chief) not a byzantine basileus (king).” (Ibid. 110)
“Chrysos does not do justice to the Kaiserkritik expressed and implied in the passage in Procopius.” (Ibid. 111)
According to Stein, King Arethas was a complete sovereign and independent King:
“He [Professor Ernst Stein] continued to think that Mundir and Arethas were two absolutely sovereign Kings allied to the Persians and the Romans by treaty-relationships, and that in matters of foreign policy. The two client-kings were free to act as they pleased.” (The Arabs in the peace treaty of A.D. 561, Irfan Kawar, 1956, p. 204-20
All this matches with the recent archeological findings.
About Theodor Noldeke, his works are completely and absolutely outdated. His writings about the Ghassanids (Die Ghassanischen Fursten aus dem Hause Gafna’s) dated 1887, have ignored the recent archeological findings:
“When Noldeke wrote his monograph about the Ghassanids , [King] Jabala was a name associated with events around 500, thereafter disappearing from the sources then known. Subsequently, further sources, especially the new letter of Simeon of Beth-Arsham, have placed him around 520, leading to the identification of Arfar, who died in the battle of Thannuris in 528, with the Ghassanid federate King Jabala.” (Irfan Shahîd, Byzantium and the Arabs in the sixth century, Volume 1, p.48)
“Though the explicit of Simeon’s letter is short, it contains much information. First, Jabala is specifically referred to as King, as is confirmed by the Arabic sources and by Zacharia in Syriac. He inerited the title from his father Harith/Arethas [IV Ibn Hijr], and Byzantium confirmed it. Second, he is referred as ‘King of the Ghassanids’ . This phrase indicates clearly that Jabala was King only of the Ghassanids, not of the other Foederati (Arabs Allies of Byzantium) as well, as his son Arethas [V Ibn Jabala] was to become in 530 when Justinian conferred the extraordinary Basileia (Kingship) on him.” (Ibid.)
Finally, both the Usays Inscription and the Bishop Simeon’s letter, “pulverize” any of the ideas developed by Noeldeke, Chrysos or anyone trying to discredit the might of the Ghassanid Dynasty.
The Ghassanids Kings were sovereign because:
– They were Kings before they founded the Kingdom of Ghassan as they came from the Sabean Royal Family. So, they were not ennobled solely by the Byzantine Empire. There is a great difference between the “Basileia” (Byzantine Kingship) given by Justinian I in 529 CE, the “Supreme Phylarchate” given in the same occasion and the original Kingship (Arab) that the Ghassanids had since more than 300 years before:
“The dignity of King was not new to the Ghassanids, they had brought it with them from the Arabian where its assumption by a Ghassanid ruler is attested in a Sabaic inscription. When the Ghassanids appeared on the stage of Byzantine history, their chiefs, such as Tha’laba and Harith had already been Kings to their subjects. ” (Irfan Shahîd, Byzantium and the Arabs in the sixth century, Volume 1, p.104)
– They’ve founded the Kingdom of Ghassan in 220 AD, exactly 110 years before the establishment of the Byzantine Empire,
– The original settlement of the Kingdom of Ghassan, although not very clear in terms of boundaries (as every ancient Asian Kingdom), didn’t belong to and wasn’t granted by the Byzantine Empire which considered the area outside their “limes” (boundaries).
Above: Maps: The Ghassanid Kingdom not only controlled their own land but also the Byzantine land (Oriens) , Hejaz, Yemen and all the areas relating to the Azd tribes.
– Although the exact actual boundaries are disputed, the original Ghassanid settlement from the 3rd Century (northern Arabia and Hejaz) was recognized to be Ghassanid jurisdiction, as it was depicted on the map of the Roman Empire in the 3rd Century that it was not part of the Roman Empire at that date.
Above: Maps: The areas relating to the original Ghassanid settlement (Northern Arabia, Hejaz and Yemen never belonged to either the Western or the Eastern Roman (Byzantine) Empires.
By that, we can conclude that although it might have some debate about the sovereignty of the part of Syria that was Roman (Byzantine) territory, there’s absolutely NO debate about the sovereignty of the Ghassanids beyond the Byzantine borders.
“The only region over which he may have territorial jurisdiction must have been extra limitem (beyond the Byzantine borders) either in Northern Arabia or Hijaz, the original homeland of the Ghassanids.” (Irfan Shahîd, Byzantium and the Arabs in the sixth century, Volume 1, p.107)
Irfan Shahid, based only on Procopius, admits that the Ghassanids had territorial jurisdiction over their homeland which tallies with the original Kingship existing prior to the relationship with the Byzantine Empire and recognized by Emperor Justinian l in 529 AD. Please note that Procopius is the only ancient source of these facts (on the Ghassanid Kingship) and he was openly biased against the Ghassanids.
“Procopius, our only source” (Ibid p. 108)
“Though often he [Procopius] is the only source for what he says .” (Ibid. p.301)
Clearly, as Procopius was both biased against the Ghassanids and the only source of the historical records on the Ghassanids’ Sovereignty, his statements or text cannot be completely fair and true due to his vested interests in diminishing the Ghassanid role in the Byzantine History.
“It is possible that Procopius had a brush with one or both of the Ghassanid figures [Kings Jabala and Arethas]and that this ill-disposed him toward them and their dynasty.” (Ibid. p.303)
“It was noted in the earlier studies that Procopius indulged in a series of ‘suppressio veri”‘ [suppressions of the truth] and ‘suggestio falsi’ [false suggestions] involving [King] Arethas and that this encompassed his military in two Persian wars, his Roman connections and his religious affiliation. This series comprises not only [King] ARETHAS but also his father, [King]JABALA” (Ibid. p.299)
“all of which enables Procopius to present [King] Arethas as ‘incompetent’ and ‘treacherous’, springing ‘ex nihilo’ [out of nothing], rather than someone descended from a distinguished Federate in the service of Rome – [King] Jabala.” (Ibid.)
“Most serious in Procopius’ garbled account is his suppression of the fact that [King] Arethas won a great victory over [Lakhmid King] Mundir in 554 of which Procopius certainly knew.” (Ibid.)
“this week was a sector that had been entrusted in large measure to the Ghassandis, and Procopius is completely silent on their watch over this segment of the ‘limes orientalis‘ [Oriental borders].” (Ibid. p.300)
“The complete silence of Procopius on both these areas [King Arethas’ titles, patriciate and Christian affiliation] becomes even more noticeable.” (Ibid. p. 301)
“The scope of Procopius silence and misinterpretation should have become clear in the course of this book, as it involved not only [King] Arethas but the entire Ghassanid Dynasty, from its inception as Federate ally of Byzantium at the opening of the sixth century. [King] Jabala as a figure in Arab-Byzantine relations is completely ignored. ” (Ibid.)
The prejudice against Arabs was open and notorious and was extended to other nations:
“it is well known that Procopius was not sympathetic to the barbarians to which Arabs in his arithmetic belonged..” (Ibid.p.303)
“Kinda [Arab Kingdom] also suffered from Pocopius’ account in much the same way that Ghassan [Ghassanid Kingdom] did, and so the two principal allies of [Byzantine Emperor] Justinian were denigrated.” (Ibid.)
“Thus, although [Ghassanid King] Arethas was the man target of Procopiius’ criticism, the Arabs in general are object of his disapproving comments, both federates living in the Oriens and non-federate pastoralists living in the Peninsula. ” (Ibid.)
According to Dame Averil Millicent Cameron, DBE, FBA , Professor of Late Antique and Byzantine History in the University of Oxford:
“For a writer of the sixth century Procopius is as remarkable for what he leaves out , as for what he has to say.” (Ibid.)
For his prestige and being the only source, it is obvious that Procopius’ prejudice would echo from the majority of scholars.
– The Ghassanids were “Foederati” or “symmacos”, in other words “fighting allies” that marked the limit of their vassalage. They did not pay any tributes to the Byzantine Empire; on the contrary, the Empire used to pay a “Salaria” (or salary) for their services to defend the Byzantine borders.
“In their military aspects, Byzantium established a relation with the limitrophe Arabs which made of them symmachoi, allies who received from the Empire the annona [tribute or payment] and in return watched the limes against the raids of the nomads, as well as participating effectively in the campaigns of the Army of the Orient against the Sasanids.” (The relations between Byzantium and the Arabs, Report on the Dumbarton Oaks Symposium of 1963, Hamiltona R. Gibb, p. 363)
“Whether the Ghassanid takeover from the limitanei (frontier districts), which made them de facto, if not, de jure, entailed corresponding changes in term of the foedus (Treaty )is not clear.” (Irfan Shahîd, Byzantium and the Arabs in the sixth century, Volume 2, part , p.xxxiv)
It is clear that the Ghassanids had a Treaty with the Empire. Only sovereign states can enter into a treaty in accordance with International Law. That defines completely the term “Foederati”:
“Early in the history of the Roman Republic, a foederatus identified one of the tribes bound by Treaty (Foedus), who were neither Roman colonies nor had they been granted Roman citizenship (Civitas) but were expected to provide a contingent of fighting men when trouble arose, thus were allies.” http://en.wikipedia.org/wiki/Foedus
“It is also worth remembering that this was consonant with the tone and character of these two client-kingdoms (Ghassanids and Lakhmids); they were essentially military and not commercial organizations as the Nabataeans of Petra had been.” (The Arabs in the peace treaty of A.D. 561, Irfan Kawar, Arabica, T. 3, Fasc. 2 (May, 1956), p. 187)
– This is very important and corroborates with where the forefathers of international law defined the line of having or not having sovereignty: the Byzantine empire did not interfere with the internal affairs of the Ghassanid rule – a very important issue regarding sovereignty. Even in the Byzantine areas governed by the Ghassanids, they were considered to be the “de facto” rulers in full capacity:
“And though the Ghassanid King was the head of what we would today call a client state, he and the [Byzantine] Emperor met on EQUAL FOOTING – as comrades in arms – discussing matters of earthshaking and less-than-earthshaking importance.” (Gene Gurney, “Kingdoms of Asia, the Middle east and Africa”, 1986, p.70)
– Because of the abovementioned , some Muslim authors defer to the Ghassanids sharing the sovereignty of present Syria (besides the aforementioned area of the original settlement of Northern Arabia and Hejaz),
” The lands of Ash-Sham (present Syria) were under the sovereignty of the Roman [Byzantine] Empire AND THE GHASSANIDS who had influence over the Arab tribes there who were their representatives in the south of Ash-Sham.” (Child companions around the Prophet, by Darussalam, p.147)
– The titles and styles given to the Ghassanid Kings increased (not diminished) to recognize their prior territorial sovereignty and power:
“These were included in the phrase in Procopius that spoke of the elevation of Arethas to the Archyphilarchia and the Basileia: as many tribes as possible placed under his command‘.” (Irfan Shahîd, Byzantium and the Arabs in the Sixth Century, vol. 2, part 1, 1995, p. 51)
“…the Ghassanid Mundir (King Arethas V’s son), as his father before him, was a crowned King, a dignity inherited from his father, who belonged to an Arab royal house, and which was CONFIRMED (NOT BESTOWED) by the Byzantine autocrator [Emperor] . ” (Irfan Shahîd, Byzantium and the Arabs in the sixth century, Volume 1, Part 1 p.497)
“[Ghassanid King] Mundir represented the highest summit that the Ghassandi Kings reached in the ladder of the imperial administration, and so the title used to describe him must have been the highest . Besides, it is used together with Patricius, which was the highest dignitas [dignitas] Byzantium could bestow.” (Ibid.p.496)
No other sovereignty could compare with the great powers and honors relating to the new Kingship, suggesting a high degree of sovereignty as related by the historian Procopius, who was, in fact, often biased against the Ghassanids:
“The Basileia (Kingship) conferred by Justinian on Arethas takes a new meaning, one which Procopius’ comment that is something that ‘among the Romans (both Western and Eastern – Byzantine) HAD NEVER BEEN DONE BEFORE‘ …” (Ibid)
– The fact that the Ghassanid Kings were “Archphylarcs” and “Basileus” (Kingly Byzantine title) of the Byzantine Empire did not conflict with their titles and prerogatives as Arab Kings (Maliks and Sheiks) as aforementioned.
“The OLD Basileia (Arab Kingship) was confirmed by the Byzantine Emperor; the NEW ONE (Byzantine Kingship) was bestowed by him”” (Irfan Shahîd, Byzantium and the Arabs in the sixth century, Volume 1, p.104)
“Contemporary documents reflect the contrast between the two Basileia (Kingships). In Simeon, Jabala is termed as ‘King of the Ghassanids’, in Usays inscription Arethas is called simply ‘The King’, possibly indicating the extension of the Basileia (kingship) over non-Ghassanids including the person who sets up the inscription.” (Ibid)
“In the case of the Ghassanids it was a confirmation and an extensions of the royal tradition that the Ghassanids had had and which they hadbrought with them from South Arabia.” (Ibid p.111)
“The more important element in the Lakhmid echo was the creation of the Archphylarchate, which was covered under the umbrella of the Basileia (Kingship). This is where the effect of the Lakhmid echos ends, and this is the extent of the Lakhmid implication in the passage in Procopius.” (Irfan Shahîd, Byzantium and the Arabs in the Sixth Century, vol. 1, 1995, p. 111)
It clearly shows that the previous sovereignty of the Ghassanids existed and was confirmed by the Byzantine Emperor Justinian l in 529 independently of the new kingship bestowed upon King Arethas.
– During the 520’s, they did briefly withdrew their services to the Byzantine Empire and at the same time existed as a nation. They did it twice.
– Some historians defend that the Ghassanids had their Sovereignty encroached by the Byzantine-Persian Treaty of A. D. 561.:
“. . . the Byzantine-Persian Treaty of A. D. 561. . . encroach on whatever sovereignty the Ghassanids had. But they do not imply that the Ghassanid were Roman (Byzantne) citizens.” (Irfan Shahîd, Byzantium and the Arabs in the Sixth Century, vol. 1, 1995, p. 226)
First of all, the word “encroach” doesn’t mean “eliminate”, but “negatively affect”. With that citation, an important fact arises: the Ghassanids were not Roman (Byzantine) citizens. By International Law, if you agree that the Ghassanids were active parties of the referred Treaty, you’ve to assume that they were sovereign. To be sovereign, according to International Law, treaties are binding only from the consent of the States:
“Treaties are not necessarily permanently binding upon the signatory parties. As obligations in International Law are traditionally viewed as arising only from the consent of States, many treaties expressly allow a state to withdraw as long as it follows certain procedures of notification.” http://en.wikipedia.org/wiki/Treaty#Ending_treaty_obligations
“The Saracen (Arab) allies of both States (Byzantine and Persian) were included in this peace (Treaty).” (J. B. Bury, History of the Later Roman Empire, I923, II, P. 121.)
The Treaty included the Saracen (Arab) allies of both Empires (Byzantine and Persian), so again, by International Law, they can only be parties of a treaty if they were sovereign states or international organizations. The Ghassanids clearly weren’t an “organization” as even with their vassalage, they were sovereign:
“A Treaty is an express agreement under International Law entered into by actors in international law, namely sovereign states and international organizations.” http://en.wikipedia.org/wiki/Treaty
This treaty was broken and withdrawn by the Byzantine side in 572 AD by Emperor Justin II:
” A struggle over Lazika dragged on until a general treaty, pledging peace for 50 years, was signed in 561. War erupted in 572 [eleven years later] when Justin ll refused tribute to the Persians. [which was a major clause of the treaty]” (John Hutchins Rosser, ‘ Historical dictionary of Byzantium’ p.79)
“Indeed one of the main conditions of the treaty under discussion was the payment by Byzantium of a huge sum of money to Persia, in return for the cession of Lazica.” (The Arabs in the peace treaty of A.D. 561, Irfan Kawar, Arabica, T. 3, Fasc. 2 (May, 1956), p. 193)
– Even in the hypotheses that they didn’t have any previous sovereignty, the fact that the Byzantine Emperor Justinian I bestowed on King Al-Harith (Flavius Arethas) in 529 AD, the highest hereditary title of King “Basileus“, created an “Independent Sovereign entity” , perfectly valid according to Dynastic Law. Even after the deposition in 638 Ce when Byzantine Emperor Heraclius had received Ghassanid King Jablah with “open arms” in Constantinople.
“The Ghassanid Basileia (Kingship) was hereditary, passing from father to son.”(Irfan Shahîd, Byzantium and the Arabs in the sixth century, Volume 1, p.104)
Below is an awarded article (the best publication of History of Law and Heraldry by the International Writers Association in 2002) by Professor Mario Silvestre de Meroe:
Above: the certificate given to Professor Dr. Mario Silvestre de Meroe by the International Writers Association in Ohio (USA) as the “Best Publication of History of Law and Heraldry ” in 2002.
“The Dynastic bestowal, institutional in nature, gives rise to an entity, the legal personality of a dynastic right, with representation and leadership positions assigned to an individual, awarded the title corresponding to the virtual domain and, as a rule, with the prerogatives of jus honorum. The dynastic being so raised, through its representative, called the Chief of Name and Arms, may grant titles and awards to those whom he considers worthy of honor, at his discretion, not subject to any limitation in time (several people can be bestowed in the same generation ), or in relation to the amount of titles. Occurs, thus creating a Dynasty, a cycle that will begin their own traditions, a separate institution of the house grantor, whom shall not have power or control over their actions.
The entity is established dynastic well-endowed in perpetuity, irrevocability, and irreversibility, under the accepted doctrine, historical examples and case nobility law. Once created, being separated from the dynastic heritage of its founder and acquires independent existence, with historical attributes of sovereignty, recognized as the dynastic houses in exile.
The attribute of irrevocability of the dynastic bestowal, along with good doctrine, refers to its historical origins. In another work of mine, we cite the first known event, the translation of dynastic rights, narrated in the Bible (Genesis, chap. 25, 27), evoking the saga of Jacob and Esau.
Does the biblical text quoted in the book, Jacob, prompted by his mother, Rebecca, through a ruse, transacted the birthright to his brother Esau, who was the “heir” of the leadership of the tribe. With cunning, he obtained the blessing, the patriarch Isaac, and became, ipso facto, leader of Israel, father of twelve children, which would lead to the tribes that formed the Hebrew people. “Verbis”:
“The ceremony of blessing described here, although riddled with addiction (fraud), its consummation had irrevocable effect, condoning the translation previously held, probably kept secret by the parties. It was thus solemnly sworn, in fact and law, the new head of the fledgling Israeli nation. The biblical text emphasizes the perplexity and impotence of Isaac before the fait accompli and unmovable.”
We want to emphasize, is the irrevocable nature of the enthronement, in its various forms, indelibly embedded in the person of the recipient, who will forward it unscathed to their heirs and successors There is, reading the above excerpt, the patriarch Isaac is tipped perplexed by the warp of his son, but above all, powerless to undo the act (the blessing) of transmission of the dynastic rights (at the time, absolute) in the form of ceremonial force. By virtue of his succession to power, had lost jurisdiction over the tribe.”
Above: an excerpt of an Italian Newspaper announcing Dr. Mario de Meroe as winner of another award. It says: ” To the Jurist Dr. Mario de Meroe the International Cultural Award of Saint Venceslau 2009 Edition“. Dr. Meroe’s work was entitled “The Byzantine Theocracy in Italy.”
As clearly stated by Dr. Meroe, the enthronement is irrevocable and indelible. If the bestowed King promises to exercise it in any condition of Vassalage, it doesn’t change the fact that, even if his sovereignty was limited, he was incontestably King and Sovereign. The same happens in present Constitutional Monarchies, the King voluntarily accepts to limit his Sovereignty. According with Professor Stephen P. Kerr:
“A monarch is not deprived of the power conferred on him by his Kingship merely because he has promised to exercise it in a certain way..” (“King and Constitution in International Law,” The Augustan, vol. 18, no. 4, 1977, p. 130)
“Sovereignty does not cease to be such even if he who is going to exercise it makes promises – even promises touching matters of government. ” (Hugo Grotius, The Law of War and Peace, Book I, Chapter 3, number XVI )
“That what I say is true becomes clear from the similarity of the case under consideration to that of the head of a household. If the Head of a household promises that he will do for it something which affects the government of it, he will not on that account cease to have full authority over his household, so far as matters of the household are concerned. A husband, furthermore, is not deprived of the power conferred on him by marriage because he has promised something to his wife..” (Ibid.)
For the ones that question the Ghassanid sovereignty, some questions must be addressed:
* If the Ghassanid Kings were so inferior and so dependent, How could they meet on ‘equal footing ‘ with the Byzantine Emperor?
“And though the Ghassanid King was the head of what we would today call a client state, he and the [Byzantine] Emperor met on equal footing – as comrades in arms – discussing matters of earthshaking and less-than-earthshaking importance.” (Gene Gurney, “Kingdoms of Asia, the Middle east and Africa”, 1986, p.70)
* If the Ghassanid Kingdom was so dependable of the Byzantine Empire, why do the Ghassanid Kings withdrew their alliance with the Byzantine Empire twice?
“The Ghassanids, removed from Byzantine service for a relatively long time ” (Irfan Shahîd, Byzantium and the Arabs in the sixth century, Volume 1, part 1, p.38)
“Their pride kept them from the status of clients or vassals and their integrity made them withdraw twice from Roman (Byzantine) service. ” (Professor Yasmine Zahran, “Ghassan Resurrected” p. xii)
* If they were so inferior, how could the Ghassanid King Mundir have so much influence over Pope Gregory, to have him interfere over a dispute with Byzantine Emperor Maurice in the end of the 6th Century?
“The Pope’s [Gregory] sympathy with [Ghassanid King] Mundir, the chief of the Monophysite Ghassanids, is noteworthy” (Irfan Shahîd, Byzantium and the Arabs in the sixth century, Volume 1, part 1, p.605)
* If they did not have territorial sovereignty outside the Byzantine borders how could the Ghassanid Prince Abu Karib give territory (Phoinikon/Tabuk) as a gift to Byzantium?
Logically, for one to give something, one has to own it.
“Procopius explicitly documents the Ghassanid character of Phoinikon/Tabuk, a site that belonged to the Ghassanids and was offered to Byzantium by its master, the Ghasanid Phylarch [Prince] Abu KaribP (King Arethas V’s brother).” (Irfan Shahîd, Byzantium and the Arabs in the sixth century, Volume 2, part 2, p.23)
“Thus the region of Phoinikon that [Prince] Abu Karib [King Arethas’ brother] presented to Justinian around 530 must have been in that category, then to become technically Roman territory.”
“Procopius states [Prince] Abu Karib [brother of King Arethas V] ruled over Phoinikon in Northern Hijaz (beyond Byzantine borders).” (Ibid. p. 38)
“The Ghassanids must have possessed themselves or Phoinikon, or at least reaffirmed their connection with it, while they were withdrawn from Byzantium.” (Ibid. p. 39)
“The Ghassanid withdrawal to Northern Hijaz was thus a matter of some importance both to Arabian history and to Arab-Byzantine relations.” The Ghassanids reaffirmed their Peninsular connections in Hijaz , which was in a sense the territory of the ‘outer shield’ ‘ for Byzantium.” (Ibid. p. 39)
* Why did the Byzantine Emperor Justinian give to King Arethas so many titles, especially the imperial address?
“The Basileia (Kingship) conferred by Justinian on Arethas takes a new meaning, one which Procopius’ comment that is something that ‘among the Romans (both Western and Eastern – Byzantine) had never been done before…” (Irfan Shahîd, Byzantium and the Arabs in the sixth century, Volume 2, part 1, p.51)
* Why did Justin II (Justinian’s nephew and heir) give his daughter the name “Arabia”, so unconventional for the Byzantine customs?
“Even more relevant and more certain is the name ‘Arabia’, which was given to the daughter of Justine ll, the nephew of Justinian. Nomenclature is significant and can reflect attitudes and relationships; I have argued elsewhere that this strikingly un-Byzantine, un-Greek, and un-Christian name was given her as a result of the warm relations that obtained between the Arab Phyarchate-Kingship of the Ghassandis and the Central Government during the reign of.” (Irfan Shahîd, Byzantium and the Arabs in the sixth century, Volume 2, part 2, p.114)
This last action had sealed the warm relationship between the Ghassanids and the Byzantium.
In closing, as far as Dynastic Law, the Ghassanid Claim of Sovereignty is perfect. To understand its perfection we have to ask the question related to the 4 (four) basic Sovereign Rights:
1. Did the Ghassanids have “Jus Imperii” (the right to rule over a territory and a people)?
Yes they did. It’s clear that they’ve had jurisdiction coming from the Byzantine Empire over the Oriens (the Diocese of the East, composed by provinces of the western Middle East, between the Mediterranean Sea and Mesopotamia). They’re “Kings of the Oriens”, even being vassals as far as the territories they’ve had shared sovereignty with the Byzantine empire like greater Syria. They’ve had total control over the area and the Byzantine Empire didn’t interfere in the internal affairs and decisions made by the Kings. Regardless of the Byzantine Vassalage, they’ve had full territorial jurisdiction over the areas of northern (present) Saudi Arabia, Hejaz, Yemen and other areas inhabited by the Azd (Uzd) tribes.
2. Did the Ghassanids have “Jus Gladii” (the right of the sword, the right to command armies and inflict capital penalties)?
Yes they did. Both in the Byzantine Oriens and over the independent jurisdiction of northern (present) Saudi Arabia, Hejaz, Yemen and other areas inhabited by the Azd (Uzd) tribes. Regarding the Oriens, the Byzantine Empire actually didn’t interfere in any decisions regarding capital punishments and the Ghassanid function on the area was the “supreme Phylarchate”, in other words, they were the “commanders-in-chief” of the whole federation armies.
3. Did they have “Jus Majestatis” (the right to be honored and respected according with your title)?
Yes they did. That was recognized even by Byzantine Emperor Justin I before bestowing the another “Basileia” (Kingship) on the (already) King Arethas (Al-Harith). That’s absolutely proven not only by historians but by many archeological evidences.
4. Did they have “Jus Honorum” (the right to award titles, merit and virtue)?
Yes they did. They created Princes and Princesses and also “Sheiks” among other honors.
The above fully satisfies Dynastic and International Law as far as Sovereignty.
Due to the massive fall of monarchies in the 19th and 20th centuries, the study of Dynastic and Nobility Law has decayed considerably becoming a very rare subject amongst the scholars today. This fact gave birth to several myths and misconceptions about the subject even amongst reasonably educated people.
Because of the European colonial dominance in the world until the last century and the current existence of several acting monarchies in the region, as well as several non-ruling royal families being extremely active socially and even politically, createdthe false ideathat all the royal and noble titles in the world and their succession should follow the European model, regardless of any local – and sometimes millennial – traditions that particular family may have. Truth to be told, many royal houses decided to “Europeanize” their customs and traditions, especially during the 18th and 19th centuries. However, those “adaptations” to the European model were dully and legally documented, not leaving any room for guessing and hearsay.
Also, there’s an enormous misconception regarding legality versus notoriety and prestige. There are thousands of former ruling and noble families in the world. Some more and some less known and prestigious. Not all of them have a plethora of information available in other languages than their native ones. It’s humanly impossible, even for a scholar, to know the peculiarities and rules of every single one of them. Therefore, it’s not because many people “never heard” of this or that family means that the family is legitimate or not.
Through this blog and many other documents and articles containing several scholarly references from bonafide academic organizations all over the world, we’ve proven to exhaustion the legal rights of the El Chemor/Gharios family according to the Middle Eastern custom and the international law to the Royal Ghassanid titles.
Before we proceed, we’d like to suggest some complimentary reading to fully understand this article:
Currently, there’re today two different schools of thought (or legal theories) about the rights of ruling families that are dispossessed of their thrones.
One defends that the “de jure” (by law) sovereign rights are perpetual and attached to the person of the dethroned sovereign and his/her heirs – observed the respective laws of succession – regardless of time elapsed, of territorial and political control and indifferently to the fact that that sovereign or his/her heirs are exercising or not their dynastic prerogatives in exile like for example, using publicly their titles, arms, etc. or even manifesting any kind of diplomatic protests.
They defend that, due to domestic law in the dispossessed country or in exile, the public use of titles may be forbidden as in countries like Austria and Brazil, where after the fall of the monarchical regimes, their constitutions expressly forbade any mention to any title on the person’s name. Also, any so-called “diplomatic protests” would represent an immense risk for the life of the protesters in absolute and/or theocratic regimes like some Islamic regimes in past and present.
Many European jurists and even recent court decisions defend the aforementioned theory.
The Dutch jurist Hugo Grotius, one of the forefathers of international law, wrote:
“. . . in order that silence may establish the presumption of abandonment of ownership, two conditions are requisite, that the silence be that of one who acts with knowledge and of his own free will. For the failure to act on the part of one who does not know is without legal effect.” On the Law of War and Peace, Book I, chapter IV, number 5
In other words:
“Presumption of neglect cannot justly exist, where the original owner has, by ignorance of his rights, or by deception, or personal fear, been prevented from claiming what he is entitled to. If he knew not that he had a right, he could not be supposed to relinquish it. And if fear or fraud induced his neglect, his mind could not have voluntarily consented.” John Penford Thomas, A Treatise of Universal Jurisprudence, chapter II, no. 13, 1829, p. 34
Grotius also wrote:
“Contracts, or promises obtained by fraud, violence or undue fear entitle the injured party to full restitution.”www.constitution.org/gro/djbp_217.htm
Another forefather of international law, the Swiss jurist Emmer de Vattel in the treatise “THE LAW OF NATIONS“:
“CHAP. XI. OF USUCAPTION AND PRESCRIPTION AMONG NATIONS”
§ 144. Claimant alleging reasons for his silence.
In cases of ordinary prescription, THE SAME ARGUMENT CANNOT BE USED AGAINST A CLAIMANT WHO ALLEGES JUST REASONS FOR HIS SILENCE, as, the impossibility of speaking, or a well-founded fear, etc., BECAUSE IS THERE IS NO LONGER ANY ROOM FOR A PRESUMPTION THAT HE HAS ABANDONED HIS RIGHT. IT IS NOT HIS FAULT IF PEOPLE HAVE THOUGHT THEMSELVES AUTHORIZED TO FORM SUCH A PRESUMPTION; NOR OUGHT HE TO SUFFER IN CONSEQUENCE: HE CANNOT THEREFORE BE DEBARRED THE LIBERTY OF CLEARLY PROVING HIS PROPERTY. THIS METHOD OF DEFENCE IN BAR OF PRESCRIPTION HAS BEEN OFTEN EMPLOYED AGAINST PRINCES WHOSE FORMIDABLE POWER HAD LONG SILENCED THE FEEBLE VICTIMS OF THEIR USURPATIONS.” http://www.constitution.org/vattel/vattel_02.htm
According to Salvioli (History of Italian Law, Utet, 1930, p.272) sovereignty as an element of state power sprang from the struggle of the kings against the great feudatories and owes its character of necessity to the resulting concentration of the powers of the state in the hands of the monarch.
“Born of feudal origins, this power continued to bear the imprint of the personal property of the Prince, whence derives its transmissibility by hereditary right IN PERPETUITY.”
By this doctrine the Prince logically retains his sovereignty always (suprema potestas, whence supremitas, sovereignty) even when he is no longer reigning.
Archbishop Hyginus E. Cardinale in his book stated:
“A Sovereign in exile and his legitimate successor and Head of the Family continue to enjoy the ius collationis [the right to confer and enjoy honours] and therefore may bestow [such] honours in full legitimacy. . . . No authority [no matter what that authority is] can deprive them of the right to confer honours, since this prerogative belongs to them as lawful personal property iure sanguinis [by right of blood], and both its possession and exercise are inviolable.” (Orders of Knighthood Awards and the Holy See — A historical, juridical and practical Compendium, Van Duren Publishers, Gerrands Cross, 1983, p. 119)”
The following legal conclusion reflects knowledge of perpetual sovereignty. The learned Italian judge officially recognized that:
“Among those rights [of a former ruling house inherited by the successors is] the faculty to ennoble, to grant and confirm coats of arms, to bestow titles drawn from places over which their ancestors had exercised their sovereign powers, and also the right to found, re-establish, reform and exercise the Grand Magistracy of the Orders of Chivalry conferred by their family, which may be handed down from father to son as an irrepressible birthright.” (The United Court of Bari, The Republic of Italy, Sig. Dr. Giovanni de Gioca, March 13, 1952)
A Court sentence of the Republican Italy (Pretoria de Vico Del Gargano, Repubblica Italiana sentence number 217/1949) corroborates the above-mentioned:
“(…) it’s IRRELEVANT if that Imperial family is no longer ruling FOR CENTURIES, because the deposition doesn’t harm the sovereign prerogatives even if the sovereign renounces, spontaneously, to the throne. In substance, in this case, the Sovereign does not cease to be King, even living in exile or IN PRIVATE LIFE (WITHOUT CLAIMING HIS SOVEREIGNTY), because his prerogatives are, itself, by birth and CANNOT BE EXTINGUISHED, but remains and may be transmitted in time, from generation to generation.”
From Professor Doctor W. Baroni Santos, Doctor D’Etat in Nobility Law at The University of Reims in France, in his book “Treaty of Heraldry / Nobility Law Vol. I, Book II, chapter I “Jurisprudence of Nobility” page 197:
“A “Chief of Name and Arms”, a title attributed to a Claimant, being by juris sanguinis (law of blood) “heir apparent” of a defunct throne, as long as has not formalized a voluntary act of resignation and acquiescence [formalized, not assumed or presumed] to the new political order of the state, according to the classic expression “subito la debellatio”, retains, in all its fullness, the sovereign prerogatives of Fons Honorum (Fountain of Honours) and Jus Majestatis (right to majestic dignity). It is, a fortiori, the source of nobility and honor, and may, without restrictions, create nobles and arm knights.”
According to the former president of the Italian (Supreme) Court of Cassation, Professor Doctor Renato de Francesco in 1959:
“… It’s simply ridiculous, from a legal point of view, the distinction intended to be done about Dynasties that have reigned until recently of those who ruled in the distant past. It’s not understandable how you can launch at the foot numerous pages of history, only to give luster to this or that family, who, aided by good luck, has managed to remain on the throne, after the year 1815. A Dynasty either reigned or not reigned. If reigned, even in very remote time, deserves the historical and legal treatment as a Dynasty and all its effects.”
Here is an extract from the book “Chivalry Orders and Nobility titles in Italy ” (Ordine Cavallereschi e titoli nobiliari in Italia), Basilio Petrucci, pg.87:
“So does the former King Umberto II of Savoy , once there was no ‘subito la debellatio, he conserves the royal prerogative in granting honorific titles of nobility and chivalry, along with other sovereigns of the former Italian and foreign states…”
Here is another extract from the book “Studies on Nobility Law” (Estudos sobre Direito Nobiliário), Dr. Mario Silvestre de Meroe, pg. 63:
“There outbreaks of political crises in front of which the monarch himself voluntarily accepted – sometimes even want to – that institutional rupture, expressly agreeing with the new order of things. In such cases, AND ONLY THOSE, he loses the dynastic rights, retaining only the princely qualities inherited and transmitted to their descendants, without, however, the attributes of ‘pretender’.”
Professor Emilio Furno, an eminent Italian jurist and scholar, former advocate in the Supreme Court of Appeal, writes as follows in “The Legitimacy of Non-National Orders“, Rivista Penale, No.1, January 1961, pp. 46-70:
“There are not a few judgments, civil and criminal, albeit some very recent, all of which tend as a rule to the acceptance of traditional principles re-enunciated not long since. The issue is that of innate nobility – “Jure Sanguinis” (right of blood) – which looks into the prerogatives known as “Jus Majestatis” and “Jus Honorum” and which argues that the holder of such prerogatives is a subject of international law with all the logical consequences of that situation. That is to say, a deposed sovereign may legitimately confer titles of nobility, with or without predicates, and the honorifics which pertain to his heraldic patrimony as head of his dynasty. The qualities which render a deposed Sovereign a subject of international law are undeniable and in fact constitute an absolute personal right of which the subject may never divest himself and which needs no ratification or recognition on the part of any other authority whatsoever. A reigning Sovereign or Head of State may use the term recognition in order to demonstrate the existence of such a right, but the term would be a mere declaration and not a constitutive act. (Furno, op.cit.).
“A notable example of this principle is that of the People’s Republic of Chinawhich for a considerable time was not recognized and therefore not admitted to the United Nations, but which nonetheless continued to exercise its functions as a sovereign state through both its internal and external organs.” (Furno, op.cit.).
The eminent author concludes:
“To sum up, therefore, the Italian judiciary, in those cases submitted to its jurisdiction, has confirmed the prerogatives “jure sanguinis” of a dethroned sovereign without any vitiation of its effects, whereby in consequence it has explicitly recognized the right to confer titles of nobility and other honorifics relative to his dynastic heraldic patrimony. “(Furno, op.cit.).
According to the above, the El Chemor/Gharios Familyfully retains the Royal Ghassanid titles satisfying the legal criteria since it’s proven their descent from the last Ghassanid King in male line in perfect accordance with the respective Arab Laws of Succession.
The second school of thought defends that royal heir only retain their sovereign rights if, and only if, they use their titles publicly and/or make diplomatic protests.
One of the great defenders of this theory is Dr. Stephen Kerr y Baca a former professor of public international law and human rights at Antioch School of Lawand legal advisor to the Habsburg family. In his book “The Entitlement to Rule: Legal, Non-Territorial Sovereignty in International Law” (Heritage International University, 2015 – ISBN: 978-0-692-02896-4) he explores all the legal nuances of the rights of dethroned families and formulates how the public use of the titles, that according to him consist in a form of diplomatic protest, would prevent the irreparable forfeiture of the sovereign rights.
Here we will quote excerpts to his book that are particularly interesting since they clearly show a legal parallel with the El Chemor/Gharios Family.
The Prescriptive Preservation of the Ancient Royal House of David
Maintaining royal rights and keeping them alive, according to the rules of prescription, can be easily discerned in the following case, which represents prescriptive preservation of deposed rights for almost a thousand years. It has been gleaned from what history is available to show that titles were used by a well-known deposed royal house, such that, their claim was never discarded, neglected or abandoned. From 970 B.C. to the coming of Christ in 1 A.D., the Davidic line was a dispossessed and did not rule or reign in the Holy Land. This loss of kingship was prophesied or foretold by the Prophet Hosea, who lamented for the sins of Israel and explained the result thereof, “For the children Israel shall abide many days [thousands of years] without a king, and without a prince, and without a sacrifice. . . ,” etc. (Hosea 3:4) In other words, he considered that part of the curse of sin is to lose the great blessing and national benefit of having a royal house reigning in the midst of the people. Nevertheless, the House of David followed what perpetuates or keeps the non-territorial right alive according to natural law. The example is that:
Jesus [who was called the Christ] was in the most full and perfect sense a descendant of David, not only by law in the royal line of kings through his reputed father, but also in fact by direct personal descent through his mother.
The angel announced to his mother, Mary:
He shall be great, and shall be called the Son of the Highest: and the Lord God shall give unto him the throne of his father David: And he shall reign over the house of Jacob for ever; and of his kingdom there shall be no end. (Luke 1: 32-33)
Jesus the Christ was of the lineage of the ancient kingly line and the rightful heir of the family. However, to be the royal scion of a royal house is not enough. Titles of sovereign rank had to consistently used to legally and lawfully maintain a claim of sovereign royalty by a deposed house, which requirement was full achieved by the ruling line of the descendants of David. This was exemplified by the fact that Jesus of Nazareth was called “the son of David” seventeen times in the New Testament account. “Son of David” was a title. It did not merely mean a descendant of David, but is found elsewhere in Jewish tradition. It refers to the heir to the throne.
. . . Son of David was one of the most common Jewish titles . . . . It was a royal title denoting his lineage from the family of the Great King David and his right to re-establish and rule over the coming kingdom of God.
This title is similar to the French title “dauphin,” which was the title of the heir apparent to the throne in France. The title “son of David” was the de jure and rightful head and chief of the royal house of David. With the addition of “the” to the title, making it “the son of David,” it was the title of Jesus the Christ. It meant that he was the actual, legal and lawful king of all Israel.
Joseph, the step-father of Jesus, was also called “son of David,” in other words, heir to the throne holding dynastic or de jure succession rights. (Matthew 1:20) That is, “The scepter of Juda [the right to the throne] . . . came to Joseph by hereditary succession. . . .” According to Hammurabi’s Code, section 188, if a man teaches his adopted son a trade, the son is thereby confirmed in all the complete rights of heirship. As the adopted step-son of the Davidic heir to the crown of Judah and Israel, Jesus became the rightful heir after his father’s death.
Dr. James E. Talmage wrote:
Had Judah been a free and independent nation, ruled by her rightful sovereign, Joseph the carpenter would have been her crowned king; and his lawful successor to the throne would have been Jesus of Nazareth, the King of the Jews.
Canon Girdlestone adds:
If the crown of David had been assigned to his successor in the days of Herod it would have been placed on the head of Joseph. And who would have been the legal successor to Joseph? Jesus of Nazareth. . . .
Not only was the regal and exalted title of the “son of David” used, but:
. . . The words “mother of my Lord” [spoken by Elizabeth, the mother of John the Baptist] point to Mary as a queen-mother figure [or personage of high royal status]. It has been noted in the royal court language of the Ancient Near East, the title “mother of my Lord” would have been used to address the queen mother of the reigning king (who himself is addressed as “my Lord;” 2 Samuel 24:21).
The royal line kept their de jure royal rights alive the same way international law requires today. Specifically it was through the continued use of royal titles, such as, using the royal title “son of David,” which was the equivalent of “prince of the royal Davidic line.”
“[This ruling office] was hereditary, passing directly from father to son in most but not all cases.”
Note the title of rightful kingship “the Son of David,” meant the heir to the throne.
Rightful sovereignty has been preserved intact for both of these sovereign entities for thousands of years.
Summarizing, Dr. Kerr y Baca defends that the use of the surname “Ben David” or “son of David” was enough to represent legally the use of the royal Davidic titles and claims therefore constituting a diplomatic protest necessary to preserve intact the sovereign claim for thousands of years according to international law.
The El Chemor/Gharios family did exactly the same thing. The Sheikhs El Chemor ascended to power in 1211 CE in Koura (today’s Lebanon) due to their genealogical direct descent to the Ghassanid Kings. They were known as “the descendants of King Chemor Jablah”, the last king of Ghassan. That’s the origin of the surname “Chemor” (other transliterations: Shamir, Shammar, Chemr, etc. ) since after the deposition of the last Ghassanid King in 636 CE his Royal descendants were known as “Bani Chemor” and the regular Ghassanid citizens as “Bani Ghassan”.
According to Dr. Kerr y Baca, that alone would be enough to keep the sovereign claim legally alive. However, the El Chemor family kept using the Royal title of “sui iuris” “Sheikh” until the present date. This title was recognized by the Ottoman empire until its demise in 1924 and also by the Lebanese republic since its inception until the present date being printed in Identification cards, driver’s licenses and passports. Therefore, there was never a time in history since the loss of the Ghassanid kingdom in 636 CE until the present day that the descendants of the last king didn’t use their titles and/or surnames in public. (IMPORTANT: there’s a difference between the Royal and the Noble Sheikhs in Lebanon, please see this article for a better understanding)
Photo: The grave of His Highness Sheikh Selim El Chemor (passed away 1909 CE, the great grandfather of HRH Prince Sheikh Selim El Chemor, honorary head of the Royal House of Ghassan), note that the royal title of Sheikh (in Arabic, upper right side) is on his tombstone, a capital proof that the family has been publicly using the ‘sui iuris’ titles for centuries until the present date. (Grave at the cemetery at the Mar Mama Ancient Church in Kferhata, Lebanon) Understand the legality of the titles here: https://royalblog.org/2017/12/26/the-sheikhs-el-chemor-a-legal-study-of-titles/
After everything presented, it’s extremely easy to conclude that the El Chemor/Gharios Family have preserved intact its sovereign legal rights and titles.
We’ve already covered here the fact that the Arab Royal laws of succession are different than the European in many ways, specially by a fundamental point: the principle of primogeniture.
Primogeniture (English: /praɪməˈdʒɛnɪtʃər/) is the right, by law or custom, of the paternally acknowledged, firstborn son to inherit his parent’s entire or main estate, in preference to daughters, elder illegitimate sons, younger sons and collateral relatives. The son of a deceased elder brother inherits before a living younger brother by right of substitution for the deceased heir. In the absence of any children, brothers succeed, individually, to the inheritance by seniority of age (subject to substitution). Among siblings, sons inherit before daughters. In the absence of male descendants in the male-line, there are variations of primogeniture which allocate the inheritance to a daughter or a brother or, in the absence of either, to another collateral relative, in a specified order (e.g. male-preference primogeniture, Salic primogeniture, semi-Salic primogeniture). https://en.wikipedia.org/wiki/Primogeniture
That was never accepted in the Arab monarchies until very recently.
“Middle Eastern monarchical systems have established various methods of choosing which among the eligible princes will rule.” (Michael Herb, All in the family: absolutism, revolution, and democracy in the Middle Eastern Monarchies, p. 27)
According to one the foremost scholars in Middle eastern history and Professor Emeritus of Princeton University, USA, Professor Bernard Lewis:
“… the dynastic principle and the practice of hereditary succession remained powerful, deep-rooted, and virtually universal in the Islamic Middle East. Even in the nomadic tribes, the shaikh is normally chosen from among the members of one family, who have a recognized hereditary claim to the headship of the tribe and very often to the custody of some sacred place or object—the palladium or ark of the covenant, so to speak. Similar practices may be observed also among Iranian and Turkic nomads. The principle of primogeniture—of succession from father to eldest son in the direct—is a European idea. It was not accepted among the ancient Arabs, and it never took root in the great Muslim dynastic empires. Descent in the male line from the founding and the ruling families was the sole requirement. The most usual practice was for the ruler to designate his successor, choosing whichever of his uncles, brothers, nephews, or sons might be the most suitable. Sometimes the ruler might designate more than one in line, though this was neither usual nor required.” From Babel to Dragomans: Interpreting the Middle East, By Bernard Lewis, Oxford 2004, p. 96
Since the time of the ancient Arab tribes, we see a system called “rotation”. Usually, the heir to the throne was selected from among the King’s male descendants for his qualities, such as: physical force, nobility (if the prince was descended from another Royal line from his mother, it would make him more fit for the throne: even the King’s direct sons could come from different mothers) and also the most intelligent and popular prince among the people.
In succession based on “rotation”, all (male) members of the dynasty are entitled to the monarchy.
“In Europe, where dynasties flourished, succession was once determined by a show of strength among a ruler’s sons. In time, however, it reverted to primogeniture, in which a ruler’s oldest male descendant acceded to the throne. For a variety of reasons, chiefly because of religious and tribal traditions, Primogeniture has not developed among Arabian dynasties in quite the same way, because under Shariah law, all sons of a man are equal and legitimate, even if they were born from illegitimate marriages. Moreover, in pre-Islamic tribal norms, while the throne could have passed from one generation to the next within a particular family, it was not necessarily passed from father to son. Rather the authority also fell to a ruler’s brother, uncle, or cousin, depending on which of these oldest male relatives was seen to possess ‘ the qualities of nobility; skill in arbitration; hazz or ‘good fortune’; and leadership ’ “. (Joseph A. Kechichian, “Succession in Saudi Arabia”, 2001, p.10)
“No firm principle specified which member of the ruling family had the right to rule.” (Michael Herb, All in the family: absolutism, revolution, and democracy in the Middle Eastern Monarchies, p. 22)
The same principle was not only limited to the Arab Dynasties, but also the great majority in the Middle East.
“In the Ottoman Empire after 1617 the eldest living male of the dynasty succeeded, though this was not formalized legally.” (Alderson, “The Structure of the Ottoman Dynasty“, 12-13. J.C. Hurewitz reviews succession across the Middle Eastern empires in “Middle East politics: the military dimension”, 18-27)
Again, that’s a common pattern for all the Middle East.
“In vain would it be to establish here the succession of the eldest son; the Prince [King] might always choose another as every Prince of the royal family has an equal capacity to be chosen, hence it follows that the Prince who ascends the throne strangles immediately his brothers [once they all compete equally for the succession], as in Turkey; or put out their eyes, as in Persia; or bereaves them of their understanding as in the Mogul’s country,” (Nathan J. Brown, Constitutions in a nonconstitutional world: Arab basic laws, p.12 citing Charles de Secondat, Baron de Montesquieu (1748), The Spirit of Laws, Book V)
“In Arabia [Arabic monarchies], all males within the ruling sublineages of the families have a theoretic right to the rulership. In practice, the succession generally goes to those whose fathers ruled (though not necessarily to the sons of the most recent ruler). These general guidelines leave a large number of shayks [Sheikhs] and princes eligible, especially if, as in Saudi Arabia or Kuwait [as in Ghassan], the succession has moved laterally to brothers and cousins instead of directly to the ruler’s sons.” (Michael Herb, All in the family: absolutism, revolution, and democracy in the Middle Eastern Monarchies, p. 26, 27)
Even today, the only country to adopt legally the principle of primogeniture is the Kingdom o Bahrain.
“Alone among the Gulf ruling families, the Al Khalifa pass the succession according to a fixed rule. The constitution specifies that the eldest son of the ruler shall succeed him.” (Michael Herb, All in the family: absolutism, revolution, and democracy in the Middle Eastern Monarchies, p. 132)
But even in Bahrain, the Constitution says that:
“… the Amir (ruler), during his lifetime, can appoint a different son as Crown Prince [successor]” (Section 1, Article 1).
That’s in perfect harmony with the standards of the Arab monarchies.
For a better understanding, we also recommend the following articles:
- The Middle Eastern Laws of Succession
- The Laws of Succession of the Ghassanids
- The Sheikhs El Chemor, a legal study of titles
- Understanding the Royal Ghassanid Family tree
- The El Chemor/Gharios Family vis-à-vis with international law
- The Ghassanid Imperial titles
Lebanon has two state-owned news agencies. The most important of them is The National News Agency (NNA), official news body of Lebanon, launched in 1964. They’re an entity subjected to the Ministry of Information Lebanese Republic.
The Ministry of Information consists of the General Directorate of Information and several other directorates including: Directorate of Lebanese Studies and Publications, The National News Agency and The Lebanese Broadcasting Directorate Auditing Department (Diwan). The Ministry includes other departments and sections. It was organized by legislative decree no. 6830 released on June 15, 1961.
In other words, whatever is published or stated via any of the entities subjected to the Ministry of Information is considered and recognized as “official information from the Lebanese Government“.
Please CLICK HERE for the official 2013’s article (in English) from the The National News Agency (Lebanese Government News’s Agency – Ministry of Information) mentioning the late HH Sheikh Nassif El Chemor (transliterated there as “Shamir”) famous author, historian and former mayor of Kferhata in Lebanon. His Highness Sheikh Nassif has left us earlier this year victim of cancer. May God rest his soul.
Around 300 years ago, His Beatitude Estephan II Boutros El Douaihy, Maronite Patriarch (1630-1704) and one of the most respected Lebanese historians, mentioned the ruling Sheikhs El Chemor in his chronicles about the Maronite history. In 1948, Father Ignatios Tannos El Khoury, one of the most acclaimed and respected Maronite historians of the 20th century, published a historical scientific research about the family called “Sheikhs El Chemor rulers of Akoura (1211-1633) and rulers of Zgharta-Zawyie (1641-1747)”. In this study, Father El Khoury states about the origins of the family El Chemor as being princes from the Ghassanid Royal Family and descending from the last King of Ghassan. That being the reason why they were respected by the Maronites as princes and sovereign rulers. Even regardless of the Ghassanid claim, the El Chemor family is undoubtedly a princely family since their titles didn’t come from any higher authority (prince, King nor emperor). They were sovereign and therefore royal, differently than many Sheikhs in Lebanon who got their titles from the princes that ruled Lebanon as “Ottoman puppets”. Not even those princes were technically sovereign since their power emanated conditionally and exclusively from the Ottoman empire. He also states that the Gharios (Guerios) family from Jbeil and Chiyah in Lebanon was originated from the El Chemor family.
The accounts about the El Chemor/Gharios (Guerios) family were never contested in over 300 years. Not even one line was written against the documents, books or even about the authors. On the contrary, patriarch Douaihy was Blessed by Pope Benedict XVI in 1998 and is in the process of becoming a saint. Father Ignatios had published several historical books published not only in Lebanon but also in Europe and 6 years after the El Chemor scientific study was laureated by the French Government with their highest academic Order, the “Ordre des Palmes académiques (Order of Academic Palms)” in the rank of officer, the second highest. This honor is even higher in precedence than the well known “Ordre des Arts et des Lettres (Order of Arts and Letters)”.
Father Ignatios Khoury has over 35 (thirty five) academic publications plus several peer revised articles and scholarly essays published in renowned magazines and newspapers in Lebanon, other Middle Eastern countries and Europe.
Please, click below to read his academic biography and publications (Original in Arabic)
Please, click below to read his academic biography and publications (English Legal sworn translation)
Please CLICK HERE for an official 2014’s article (in Arabic) from the Lebanese Government News’s Agency (Lebanese Republic – Ministry of Information) quoting the book about the El Chemor princely family (recognizing the titles and citing some family members) and validating Father Ignatios as an official source.
Please, click below of the English legal translation of the article
Recently, Professor Dr. Abbot Antoine Daou, one of the top modern Maronite historians, have confirmed the aforementioned statements in a sworn affidavit. Prof. Dr. Daou is not only an acclaimed Maronite historian and author of the book “History of the Maronites” (Beirut, 1970) amongst many others, but was graduated by the Pontifical Angelicum University in Rome with Doctorates in Theology and Canon law. He is a siting professor of the La Sagesse University in Lebanon and is the Abbot of the Antoinine Maronite Order. He also serves as the Secretary of the Commission of the Lebanese Bishops’ Conference for Dialogue with Islam.
Prof. Dr. Abbot Daou categorically states that the book about the El Chemor family by Father Ignatios “has been considered as an essential reference of Maronite’s and Lebanon history’s references” and that “no book or criticism has been issued by the Maronite church opposing this chronicling.” About Father Ignatios he states “a well-known historian and writer”.
Please, click here to access the document and the sworn legal translation in English:
Please, click here to access the document and the sworn legal translation in German:
Please, click HERE for the sworn legal statement from the world’s leading scholar in Middle eastern Royal Succession corroborating with Father Ignatios El Khoury’s chronicles of the El Chemor/Gharios Family
American journalist and author Gerald W. Johnson once said:
“Nothing changes more constantly than the past; for the past that influences our lives does not consist of what actually happened, but of what men believe happened”.
Nothing could be more accurate than that regarding the history and the history’s perception in and about the Middle East.
Trying not to go too deep in the past and too broad geographically, let’s concentrate in the Al-Sham’s recent history. This area comprehends today the region bordering the eastern Mediterranean Sea, usually known as the Levant or the region of Greater Syria: Syria, Lebanon, Palestine, Israel, Jordan, Cyprus and the Turkish Hatay Province.
In this relatively small region, it’s concentrated dozens of different peoples and religions. Many of them with conflicting interests and identities. Their inhabitants have suffered enormous pressure by Turkish Ottoman occupation and later on by imperialist western interests. These imperative tensions allied to constant wars impacted the history and its perception tremendously. A very recent example of this is the anti-Arab sentiment in Lebanon. Many Lebanese people refuse to identify themselves as having neither any genetic nor cultural Arab inheritance. The ironic is that the branches of the very same Lebanese families that live for centuries where now is Jordan, Palestine or Syria are not affected by this sentiment identifying themselves proudly as Arabs. The very same happening with the Lebanese families that migrated to South America before the foundation of the Lebanese Republic (1943).
Still talking about Lebanon, the Ottoman occupation for centuries had no interest in allowing the propagation of the history of any sovereign or noble family with the exception of the ones serving the Ottoman interests. This scenario in the Middle East has no parallel in Europe, for example. The history of the sovereign families is very well documented and was always protected by the Catholic and Protestant Churches.
The El Chemor/Gharios Family
According to never contested Maronite acclaimed historians, the El Chemor/Gharios Princely Family is the direct blood line from the last King of the Ghassanids Chemor (or Shoumar) Jablah VI Ibn Aiham (ruled 632-638 CE).
“It is a reputed deep-rooted allegation that the heads of Al-Chemor tribe are rooted from Bani Chemor, who are the Christian Kings of Ghassan which belong to Al Jafna.” (Father Ignatios Tannos El-Khoury, Historical Scientific Research: “Sheikh El Chemor Rulers of Al-Aqoura (1211-1633) and Rulers of Al-Zawiye (1641-1747)”Beirut, Lebanon, 1948, p.38)
“The refugees of Al Ghassani and bani Chemor who seeked refuge to Al ‘Aqoura turned into Maronites because the town now only has Maronites Christians and because Al Chemor tribe are the princes and children of kings, the Maronites reigned them over the land where the document states that: “… and Al ‘Aqoura is their own village from a long time, they can do as they wish…” and Al Chemori family could have taken over the throne due to their relentless efforts, money or battles, no one knows.” (ibid p.42)
This is the history of the Chemor family Sheikhs who are feudal rulers, a genuine progeny of the sons of Ghassan kings of the Levant… one of the most decent, oldest and noblest families in Lebanon.” (ibid p.125)
There are only two ancient families named Chemor/Shammar in the whole Middle East. One, is from the Tayy tribe and has Bedouin origin and is Muslim. They have adopted to use the name Shammar/Shammari after the XIV Century since they inhabited the Jabal Shammar region. The El Chemor Sheikhs from Lebanon come from a sedentary Arab and Christian origin and it’s documented to use this name two centuries before the Bedouin tribe. When they’ve ruled the city of Akoura in 1211 CE they were already using the name Chemor/Shammar.
But the El Chemor/Gharios family is a sovereign Princely family regardless of the Ghassanid claim since it ruled an absolute regime in Al-Aqoura from 1211 CE until 1633 CE only being forced to make treaties with the Ottoman Empire after their arrival in today’s Lebanon in the XVI Century. That makes the rulers absolute sovereigns for almost three centuries! The Sheikhs El Chemor would rule for another two centuries in Al-Aqoura and Zgharta-Zawiye still autonomous but then in treaty with the Ottomans.
Important to clarify that the title “sheikh” has many different levels: In the specific case of the El Chemor family the title “Sheikh” it’s related to a sovereign ruler (as mentioned, Al-Akoura and Zghartha-Zawyie from the 13th until the 18th century) hence, it’s also the equivalent of “Prince”. See the examples of Dubai, Abu Dhabi, Bahrain, Qatar, Kuwait, etc. where all the princes belonging to the ruling family are “sheikhs”.
“Besides the sovereigns referred to above, there are several oriental potentates who should be mentioned, the rulers of the Sultanates and Sheikdoms of East Africa and the Persian Gulf (…) The style of these sheikhs is His Highness.”
“Titles: How the king became His Majesty”, L.G. Pine, New York, 1992 (Barnes & Noble) p. 137-138
There are other kind of lesser “sheikhs” even in Lebanon. Those were either elevated by ruling princes (as a noble, not a royal title) or were mere tax collectors of the Ottoman empire. The aforementioned doesn’t apply to the El Chemor princes since it’s documented that they were ruling independently since 1211 CE, when no Caliphate was occupying or dominating Mount Lebanon, almost 80 years before the Ottoman empire was even founded and over 300 years before the first emirate was created with prince Fakhr al-Din I (1516–1544), a puppet of the Ottoman Empire.
And this is also very important to be clarified. If you ask any Lebanese, even historians, who’s “royal” for them, they’ll immediately think of the princely families that ruled the whole Mount Lebanon under the Ottoman empire (i.e.Shuf Emirate, Emirate of Jabal Druze, Emirate of Mount Lebanon, as well as Ma’an Emirate)
The Thesaurus’ definition of the word “Royal” is “of or relating to a king, queen, or other sovereign”. What does “sovereign” means? “1. a monarch; a king, queen, or other supreme ruler. 2. a person who has supreme power or authority.” In this technical sense, the El Chemor family was actually sovereign since their power didn’t emanate from a higher authority. The family had to make deals with the Ottomans only in the last years of rule, culminating with the deposition. The respect to the Maronite Patriarch was similar to the devotion that European Kings had to the Pope.
According to accepted international law and its principle of ‘sovereign equivalency”, the Pope or the prince of Monaco is “as royal” as the Queen of England regardless of the size of their actual territories.
The titles of the El Chemor family were again recognized by the Ottoman empire until its demise (1924 CE) and also by the Lebanese republic until the present date being officially printed on the documents of some family members for generations. The family’s history was kept and validated for centuries by the Maronite Church under the Holy See (Vatican) and the authority of the Pope.
Photo: The grave of His Highness Sheikh Selim El Chemor (passed away 1909 CE, the great grandfather of HRH Prince Sheikh Selim El Chemor, honorary head of the Royal House of Ghassan), note that the royal title of Sheikh (in Arabic, upper right side) is on his tombstone, a capital proof that the family has been publicly using the ‘sui iuris’ titles for centuries until the present date. (Grave at the cemetery at the Mar Mama Ancient Church in Kferhata, Lebanon) Understand the legality of the titles here: sheikhs-el-chemor-a-legal-study-of-titles/
In international law, sovereignty means that a government possesses full control over affairs within a territorial or geographical area or limit. That’s regardless of its size or the time that the aforementioned “full control” was exercised.
Again, the El Chemor/Gharios family is a legitimate princely sovereign family. That’s beyond any single solitary doubt. As mentioned, both the Ottoman Empire and the Lebanese Republic never ceased to recognize the family’s titles until the present day. Although, according to accepted jurisprudence, the so-called “recognition” is not a ‘sine qua non’ condition to the legitimacy of a Royal House.
“It is worth mentioning also that the princely families, with the sovereign attributes, requires no recognition by the government of their country of origin, or submit any record in countries where its members settle in residence. The dynastic and political independence is based on the Sovereignty itself, which guides their social existence and regardless of any legal recognition, with respect to dynastic and private affairs. ” “Studies on Nobility Law” (Estudos sobre Direito Nobiliário), by Dr. Mario Silvestre de Meroe, pg. 65
Professor Emilio Furno, an Italian advocate in the Supreme Court of Appeal, writes as follows “The Legitimacy of Non-National Orders”, Rivista Penale, No.1, January 1961, pp. 46-70:
“The qualities which render a deposed sovereign a subject of international law are undeniable and in fact constitute an absolute personal right of which the subject may never divest himself and which needs no ratification or recognition on the part of any other authority whatsoever. A reigning sovereign or head of state may use the term recognition in order to demonstrate the existence of such a right, but the term would be a mere declaration and not a constitutive act.” (Furno, op.cit.)
“A notable example of this principle is that of the People’s Republic of China which for a considerable time was not recognised and therefore not admitted to the united nations, but which nonetheless continued to exercise its functions as a sovereign state through both its internal and external organs…” (Furno, op.cit.)
It’s accepted by International law that the sovereign attributes are indelibly connected to a family that once ruled being passed to the descendants according to that family specific laws of succession.
“. . . the king does not forfeit the character of royalty merely by the loss of his kingdom. If he is unjustly despoiled of it by an usurper, or by rebels, he still preserves his rights. . . .” (Emerich de Vattel, The Law of Nations, Book II, chapter XII, no. 196)
Professor Dr. W. Baroni Santos in his book Treaty of Heraldry declared:
“The doctrine and jurisprudence have confirmed that the territorial power is not necessary for the exercise of the dynasty, for they are inserted in the person of the sovereign, which keeps the same after the loss of the throne, passing them regularly to their heirs and successors.”
“The loss of its territory in no way diminishes its sovereign powers, because these are inherent in the person of the sovereign, transmitting it, perpetually to their descendants.” (Vol. I, 5th ed., 1978, p. 197-198)
The El Chemor/Gharios Princely Family has the legitimate sovereign attributes by all the known principles of international law:
Declarative sovereignty (declarative theory of statehood)
Codified during the Montevideo Convention on the Rights and Duties of States in Montevideo, Uruguay, on December 26, 1933, during the Seventh International Conference of American States. The declarative theory of statehood defends the aforementioned by Dr. Meroe and Prof. Furno meaning: “The political existence of the state [sovereignty] is independent of recognition by the other states.”
Recent jurisprudence corroborates:
“(…) it’s irrelevant if that Imperial family is no longer ruling for centuries, because the deposition doesn’t harm the sovereign prerogatives even if the sovereign renounces, spontaneously, to the throne. In substance, in this case, the Sovereign does not cease to be King, even living in exile or in private life (without claiming his sovereignty), because his prerogatives are, itself, by birth and cannot be extinguished, but remains and may be transmitted in time, from generation to generation.”
Court sentence of the Republican Italy (Pretoria de Vico Del Gargano, Italian Republic, sentence number 217/1949)
Still according to Prof. Furno:
“The prerogatives which we are examining may be denied and a sovereign state within the limits of its own sphere of influence may prevent the exercise by a deposed Sovereign of his rights in the same way as it may paralyze the use of any right not provided in its own legislation. However such negating action does not go to the existence of such a right and bears only on its exercise.”(Furno, op.cit.)
The eminent author concludes:
“To sum up, therefore, the Italian judiciary, in those cases submitted to its jurisdiction, has confirmed the prerogatives jure sanguinis of a dethroned Sovereign without any vitiation of its effects, whereby in consequence it has explicitly recognized the right to confer titles of nobility and other honorifics relative to his dynastic heraldic patrimony.” (Furno, op.cit.)
Constitutive sovereignty (constitutive theory of statehood)
Defines a sovereign as a person of international law if, and only if, it is recognized by other states. This theory of recognition was developed in the 14th century and exercised by the Congress of Vienna in 1815. One of the major criticisms of this principle is the fact that a state may use any criteria when judging if they should give recognition and they have absolutely no obligation of recognizing any person nor state. Usually, states only recognize another state if it is to their own political or economic advantage, rarely based on legitimacy.
In 1912, the great German jurist L. F. L. Oppenheim stated about the constitutive theory:
“International Law does not say that a State is not in existence as long as it isn’t recognised, but it takes no notice of it before its recognition. Through recognition only and exclusively a State becomes an International Person and a subject of International Law.”
As previously mentioned, the El Chemor/Gharios family was recognized by the Ottoman Empire since its arrival in today’s Lebanon. The titles of the family members were part of their legal documents even after the deposition in Zgharta in 1747 CE until the empire’s demise in 1924. The Lebanese Republic followed this legal recognition. In 2017, the President of the Lebanese Republic General Michel Aoun has officially received the family members in a private audience reinforcing this recognition. Also in 2017, the family was officially recognized by the Republic of Albania through the head of State, President Bujar Nishani.
Back in 2015, the Vatican Secretariat of State recognized the Princely Royal titles through the Equestrian Order of the Holy Sepulcher of Jerusalem. The Order’s sovereign is the Pope.
The above are only the official recognitions from heads of State. The family has numerous recognitions from Princes, Religious leaders, ministries, parliaments, local governments, eminent institutions, etc.
It’s easy to conclude that the El Chemor/Gharios family satisfies the constitutive theory of sovereignty.
Principle of Prescription
Some scholars apply the controversial principle of prescription to sovereign titles alleging that the lack of use of the family’s titles for over one century would forfeit the claim for those titles. In other words, it would establish the presumption of abandonment of ownership of those titles. Many eminent scholars disagree:
“Neither the elapsed time, even for centuries, or non-use of the acts of sovereignty exercised by the Prince Pretender, Head of Name and Arms of his house, may be derogated, prescribed or canceled. He/She Retains these rights until the end of times ‘ ad perpetuam rei tenendam ‘ which are inserted in the person of Prince Pretender. ” Professor Dr W. Baroni Santos, Doctor D’etat (post-doctorate/ habilitation) from the University of Reims in France in his book “Treaty of Heraldry and Nobility Law” Volume II page 52
That goes in harmony with one of the forefathers of International law, Hugo Grotius who wrote:
“. . . in order that silence may establish the presumption of abandonment of ownership, two conditions are requisite, that the silence be that of one who acts with knowledge and of his own free will. For the failure to act on the part of one who does not know is without legal effect.” (On the Law of War and Peace, Book I, chapter IV, number 5).
According to another forefather of international law, Emmerich Vattel in the book “The law of Nations”:
“CHAP. XI. OF USUCAPTION AND PRESCRIPTION AMONG NATIONS”
§ 144. Claimant alleging reasons for his silence.
In cases of ordinary prescription, the same argument cannot be used against a claimant who alleges just reasons for his silence, as, the impossibility of speaking, or a well-founded fear, &c., because there is no longer any room for a presumption that he has abandoned his right. It is not his fault if people have thought themselves authorized to form such a presumption; nor ought he to suffer in consequence: he cannot therefore be debarred the liberty of clearly proving his property. This method of defense in bar of prescription has been often employed against princes whose formidable power had long silenced the feeble victims of their usurpations.” http://www.constitution.org/vattel/vattel_02.htm
In other words:
“Presumption of neglect cannot justly exist, where the original owner has, by ignorance of his rights, or by deception, or personal fear, been prevented from claiming what he is entitled to. If he knew not that he had a right, he could not be supposed to relinquish it. And if fear or fraud induced his neglect, his mind could not have voluntarily consented.” (John Penford Thomas, A Treatise of Universal Jurisprudence, chapter II, no. 13, 1829, p. 34)
According to Professor Noel Cox, a world acclaimed Expert in Royalty and Nobility (letter 1/11/11):
“The broader question of usucapio, or prescription, is an interesting one. in principle international law recognises extinctive prescription, where one sovereign state loses pre-existing rights to another, through failure to assert them. However, the actual application of the principle is extremely uncertain. More importantly, while it may affect such matters as international boundaries, it would have no application over the internal state of affairs. Thus, whether an exiled ruler is still the head of State of a country is not clearly a question of prescription at all. Dynastic right may expire according to domestic law, but international law is a vague and uncertain basis for a ruling. Such examples as the recognition of the Communist Government in Peking, over the Taiwan-based Nationalists, show how difficult this can be. But these questions have little to do with the creation of nobility, or those sorts of matters…”
Even though some family members had to escape to South America due to the Ottoman persecution, the principle of prescription cannot be applied to the El Chemor/Gharios princes since many family members that stayed in Lebanon never stopped using their titles officially until the present date keeping the sovereign claim legally “alive”.
ROYAL CLAIM’S SUMMARY:
– Royal claim based on titles previously recognized by the Ottoman Empire since its incursion in the Levant until its demise in 1924,
– Royal claim based on titles recognized by the Lebanese Republic since its foundation until the present date,
– Royal claim recognized by “jus sanguinis” (law of blood) on an International Arbitration award issued in 2011 and valid in 148 nations of the world by the 1958 NY Convention,
– Vouched by 3 Brazilian Judges (sworn affidavits 2013),
– Recognized and executed by 2 American Judges (2012 and 2016),
– Based upon 150 years of European Jurisprudence of over 20 similar Royal claims,
– Royal claim based on over 50 bona fide scholars (jurists and historians) from East and West,
– Over 100 corroborating scholarly references,
– Formally recognized by 3 ruling heads-of-state (2015 and 2017),
– Informally recognized by governments and reputed institutions of United States (including the U.S. Congress), Brazil, Germany, Spain, Lebanon, Jordan, Egypt, UAE, Italy, Israel, Palestine and Ukraine,
– Formally recognized by the Equestrian Order of the Holy Sepulcher of Jerusalem one of the original orders of chivalry in the world having the Pope as Sovereign,
– Recognized by the majority of religious leaders in the Middle East, both Christian and Muslim.
The philosopher Maimonides wisely said:
“Truth does not become more true by virtue of the fact that the entire world agrees with it, nor less so even if the whole world disagrees with it.”
The only flaw of the El Chemor/Gharios princely family is not being notorious like their peers in Europe or even in the Middle East. That have been creating some room for surprise from some uninformed people raising questions about our history. I hope this article could shine some light over the subject from the legal and historical perspective.
HIRH Prince Gharios El Chemor of Ghassan Al-Numan VIII visited Brazil from August 1st to 10th 2016 and ministered lectures about the situation in the Middle East and its effects in the Western world in five venues: at UCAM – Candido Mendes University (Latin America’s oldest private University founded in 1902), at the Fluminense Federal Institute (Technical Faculty), at the City Parliament (founded in 1652), at the Maria Imaculada Diocesan Seminary and at the Imaculada Conceicao Catholic Seminary. The lectures were very appreciated and acclaimed by the audience and the press.
(the above video is in the Portuguese language)
More about HIRH Prince Gharios El Chemor HERE