Saturday, April 30, 2011
20 Years of Research Reveals Jerusalem Belongs to Jews
20 Years of Research Reveals Jerusalem Belongs to Jews
Jacques Gauthier, a non-Jewish Canadian lawyer who spent 20 years researching the legal status of Jerusalem, has concluded: "Jerusalem belongs to the Jews, by international law.".
Gauthier has written a doctoral dissertation on the topic of Jerusalem and its legal history, based on international treaties and resolutions of the past 90 years. The dissertation runs some 1,300 pages, with 3,000 footnotes. Gauthier had to present his thesis to a world-famous Jewish historian and two leading international lawyers - the Jewish one of whom has represented the Palestinian Authority on numerous occasions.
Gauthier's main point, as summarized by Israpundit editor Ted Belman, is that a non-broken series of treaties and resolutions, as laid out by the San Remo Resolution, the League of Nations and the United Nations, gives the Jewish People title to the city of Jerusalem. The process began at San Remo, Italy, when the four Principal Allied Powers of World War I - Great Britain, France, Italy and Japan - agreed to create a Jewish national home in what is now the Land of Israel.
San Remo
The relevant resolution reads as follows: "The High Contracting Parties agree to entrust... the administration of Palestine, within such boundaries as may be determined by the Principal Allied Powers, to a Mandatory [authority that] will be responsible for putting into effect the [Balfour] declaration... in favor of the establishment in Palestine of a national home for the Jewish people."
Gauthier notes that the San Remo treaty specifically notes that "nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine" - but says nothing about any "political" rights of the Arabs living there.
The San Remo Resolution also bases itself on Article 22 of the Covenant of the League of Nations, which declares that it is a "a sacred trust of civilization" to provide for the well-being and development of colonies and territories whose inhabitants are "not yet able to stand by themselves under the strenuous conditions of the modern world." Specifically, a resolution was formulated to create a Mandate to form a Jewish national home in Palestine.
League of Nations
The League of Nations' resolution creating the Palestine Mandate included the following significant clause: “Whereas recognition has thereby been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country." No such recognition of Arab rights in Palestine was granted.
In 1945, the United Nations took over from the failed League of Nations - and assumed the latter's obligations. Article 80 of the UN Charter states: "Nothing in this Chapter shall be construed, in or of itself, to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties."
UN Partition Plan
however, in 1947, the General Assembly of the UN passed Resolution 181, known as the Partition Plan. It violated the League of Nations' Mandate for Palestine in that it granted political rights to the Arabs in western Palestine - yet, ironically, the Arabs worked to thwart the plan's passage, while the Jews applauded it.
Resolution 181 also provided for a Special regime for Jerusalem, with borders delineated in all four directions: The then-extant municipality of Jerusalem plus the surrounding villages and towns up to Abu Dis in the east, Bethlehem in the south, Ein Karem and Motza in the west, and Shuafat in the north.
Referendum Scheduled for Jerusalem
The UN resolved that the City of Jerusalem shall be established as a separate entity under a special international regime and shall be administered by the United Nations. The regime was to come into effect by October 1948, and was to remain in force for a period of ten years, unless the UN's Trusteeship Council decided otherwise. After the ten years, the residents of Jerusalem "shall be then free to express by means of a referendum their wishes as to possible modifications of regime of the City."
The resolution never took effect, because Jordan controlled eastern Jerusalem after the 1948 War of Independence and did not follow its provisions.
After 1967
After the Six Day War in 1967, Israel regained Jerusalem and other land west of Jordan. Gauthier notes that the UN Security Council then passed Resolution 242 authorizing Israel to remain in possession of all the land until it had “secure and recognized boundaries.” The resolution was notably silent on Jerusalem, and also referred to the "necessity for achieving a just settlement of the refugee problem,” with no distinction made between Jewish and Arab refugees.
Today
Given Jerusalem's strong Jewish majority, Gauthier concludes, Israel should be demanding that the long-delayed city referendum on the city's future be held as soon as possible. Not only should Israel be demanding that the referendum be held now, Jerusalem should be the first order of business. "Olmert is sloughing us off by saying [as he did before the Annapolis Conference two months ago], 'Jerusalem is not on the table yet,'" Gauthier concludes. "He should demand that the referendum take place before the balance of the land is negotiated. If the Arabs won’t agree to the referendum, there is nothing to talk about."
JERUSALEM
JERUSALEM
The eternal Undivided Capital of Israel
Ever since King David made Jerusalem the capital of Israel over 3,000 years ago, the city has played a central role in Jewish existence. The Western Wall in the Old City, the last remaining wall of the ancient Jewish Temple, the holiest site in Judaism, is the object of Jewish veneration and the focus of Jewish prayer.
Jerusalem is a Jewish City
Jews have lived in Jerusalem for 2,000 continuously.
Jews consist of the majority of Jerusalem in the present state of Israel constituting over 530,000 of the city's 758,000 population.
Jews have been the largest group of inhabitants since the 1840s.
Jerusalem has never been the capital of any Arab entity. It has never even been a provincial capital of under Muslim rule. It has never been a center of Muslim learning. Jerusalem has never been a cultural center of Islam.
Jerusalem is pivotal to the Jews historically, culturally and spiritually. The attachment of Jews and Jerusalem is unmatched with any other nation and a holy city.
"No other city has played such a dominant role in the history, culture, religion and consciousness of a people as has Jerusalem in the life of Jewry and Judaism. Throughout centuries of exile, Jerusalem remained alive in the hearts of Jews everywhere as the focal point of Jewish history, the symbol of ancient glory, spiritual fulfillment and modern renewal. This heart and soul of the Jewish people engenders the thought that if you want one simple word to symbolize all of Jewish history, that word would be 'Jerusalem.'" - Teddy Kollek, Jerusalem Washington Institute For Near East Policy.
Jewish Claims to Jerusalem
Jerusalem is the cradle of Jewish heritage and Jewish civilization. Ever since King David made Jerusalem the capital of Israel 3,000 years ago, the city has been at the center of Jewish existence. The last remaining wall of the Jewish Temple is the Western wall is in the old city of Jerusalem. The Western Wall and the city of Jerusalem itself is the most holy places of Judaism. Jerusalem is the focus of Jewish prayer. Three times a day Jews across the world face Jerusalem. For thousands of years Jews have prayed "To Jerusalem, thy city, shall we return with joy". For thousands of years Jews have concluded festivities with the words "next year… in Jerusalem."
The Jewish connection to the Temple Mount dates back for more than 3,000 years. It is the site where Abraham tied his son to an alter as a sacrifice to G-d. It is the site of two Jewish temples that were the center of Jewish religious life, learning, and social life until the destruction of the Second Temple by the Romans. The Mosques on the Temple Mount were built over 7 hundred years later after the Muslim occupation of the land.
The fact that Jerusalem is disputed, or that it is claimed by others does not mean that the city belongs to them.
Jerusalem and the State of Israel
Jerusalem as a Jewish city should be ruled by the Jewish state. The Jewish claims for the city of Jerusalem are the same as the Israeli claims.
"You ought to let the Jews have Jerusalem; it was they who made it famous." - Winston Churchill to diplomat Evelyn Shuckburgh, 1955.
Jerusalem has only seen prosperity, greatness, and success when ruled by Jews both in biblical times and again in modern day Israel.
Jerusalem is the capital of the state of Israel. Jerusalem was the capital of biblical Israel. Never has so much freedom and accessibility been granted to members of all faiths to Jerusalem's holy shrines, freedom of worship, and general toleration, than under the sovereignty of Israel.
Resolution 242 calls for "withdrawal of territories occupied in recent hostilities". However, this does not relate to Jerusalem. One of the drafter of the resolution Arthur Goldberg stated that, "Resolution 242 in no way refers to Jerusalem and its omission was deliberate". Resolution 242 refers to the Golan Heights, Sinai (given back to Egypt), the West Bank and Gaza Strip.
East Jerusalem was acquired after the 1967 war. A war initiated by hostile Arab countries. As a consequence for hostile acts of aggression Israel has full right to territories acquired in a defensive war, and therefore Jerusalem.
"The basis of our position remains that Jerusalem must never again be a divided city. We did not approve of the status quo before 1967; in no way do we advocate a return to it now ." - President George Bush
Why Jerusalem belongs to Jews not Muslims.
Jerusalem is mentioned over 700 times in the Jewish Bible. It is not mentioned even once in the Koran.
Islamic history does not illustrate Jerusalem as a city of veneration. To the contrary, Jerusalem is celebrated and revered to Jewish people across the world.
Jerusalem the city is not holy for Muslims. It is the Dome of the Rock shrine that is holy to Islam. For Jews, the whole city is holy.
"For Christians and Moslems, the term 'Holy Sites' is an adequate expression of what matters. Here [in Jerusalem] are sacred places hallowed by most holy events... But Judaism... is not tied to sites, but to the land; not to what happened in Jerusalem, but to Jerusalem itself" - Bishop Prof. Krister Stendahl, Harvard Divinity Bulletin, Autumn 1967
Some Islamic scholars have preached that Jerusalem is not holy to Jews but the Koran describes King Solomon's construction of the First Temple (34:13) and recounts the destruction of the First and Second Temples (17:7).
As the holiest city of Judaism Jewish prayer is directed to Jerusalem. Muslim prayer is directed to the holiest city of Islam, Mecca.
Muslims view Jerusalem as the location of their third most holy site. For Jews Jerusalem is the most holy.
False Muslim Claims to Jerusalem
Muslims believe that the Temple Mount, situated in Jerusalem is the sight where the Prophet Mohammad ascended to heaven in his night journey as told in the Islmic holy book, the Koran.
The Koran does not use the name "Jerusalem". The Koran states that during his night journey he was taken to the "furthest Mosque. Early Islamic scholars believed that to be Medina and not Jerusalem.
Mohammed died in the year 632CE. The Dome of the Rock was built in 711 CE three generations later. No mosque stood at that location before. During the time of Mohammed Jerusalem was occupied by the Byzantines who were Christian. A church stood at the Temple Mount during the time of Mohammed not a mosque.
It is doubtful that Mohammed ascended to heaven via a church. The Muslim claim to Jerusalem is both historically and conceptually inaccurate.
The only time when Jews did not reside in East Jerusalem and was inhabited solely by Arabs was between 1948 and 1967 when Jordan occupied the city. The Jordanians prhibbted Jews to reside or even visit East Jerusalem.
Jerusalem Under Arab Occupation.
Under Jordanian occupation Jewish residents were forced to leave their homes in East Jerusalem. Freedom of worship was not granted to Jews, and Christian pilgrims were subjected to heavy restrictions. The population of Christians reduced from 25,000 in 1949 to 13,000 in 1967. This was a result of Jordan's repressive measures.
Under Jordanian occupation Jerusalem was neglected. The Jewish Quarter of the Old City was ransacked and slums surrounded the Western Wall. Basic day-to-day necessities were neglected; water, plumbing, and electricity were lacking.
The Jordanian government allowed Jewish graves to be destroyed in the Mount of Olives by allowing a highway to be built that crosses the site.
Jerusalem and Internationalisation.
Jerusalem can not be made an international city as the UN General Assembly has suggested. There is no precedent for this arrangement. The only other city to have been internationalized was post World War II Berlin that proved to be disastrous.
Internationalization would cause more problems that already exist such as questions over who could be entrusted to police the city? Who can be entrusted to ensure the freedoms that already exist under Israeli rule? The answer is no one. Under Israeli control Jerusalem has never been so tolerant, open and free.
Jerusalem and its Residents and Visitors.
As soon as Israel came in possession of Jerusalem it immediately abolished all discriminatory policies that were introduced under Jordanian rule.
Under Israeli law anyone who does anything that may violate freedom of access of members of various religions sacred to them may be punished by a prison term of five years. The Israeli government does its utmost to prevent provocation that might threaten the sanctity of all of Jerusalem's holy places.
Israel has entrusted the administration of holy places to their relevant representatives. For example, the Muslim Waqf is responsible for the Mosques on the Temple Mount.
Christians and Muslims across the world including Arab countries that are hostile to Israel have been able to come to Jerusalem to visit their holy shrines.
Palestinian Arabs in Jerusalem have political and social rights. They are entitled to Israel medical care, they may vote in elections, and they play a role in the administration of the city. They are not entitled to Israeli citizenship until the future status of Jerusalem is determined.
"There is no doubt that Israel did a better job safeguarding access to the city's holy places than did Jordan. There is unimpeded access today"- Former US President Jimmy Carter.
Judea & Samaria
Settlements
The issue of settlements in the Judea and Samaria (West Bank) and the Gaza Strip has become one of the most contentious issues surrounding the Israel-Palestinian conflict. The issue has been made even more complicated by misconceptions and reported inaccuracies told and regurgitated by Palestinian activists and the media alike. The following details the facts surrounding the historical, religious, political, and moral and ethical debate surrounding settlements and settlements activity.
Strategic Settlements jewish settlers
Following the Six Day War, a war waged against Israel by her hostile Arab neighbors, Israeli military strategists viewed strategically located settlements as forming the "first line of defense" if attacked again. Following the unwillingness of Israel's Arab neighbors to negotiate land for peace as stipulated by UN resolution 242, the Israeli government authorized the building of paramilitary settlements that were located in strategically vital locations in the West Bank and Gaza Strip (also in the Golan Heights). Military strategists often referred to them as "trip wires" against future Arab attacks from invading countries or terrorist attacks.
The green Line (Israel's pre 1967 Borders) were often referred to as the "Auschwitz Lines". This term highlighted Israel's susceptibility to attack from Arab neighbors and the close proximity between Israel's population centers such as Tel Aviv and Netanya to Arab territories.
The majority of Israel's military analysts still hold the view that the "security" settlements are vital for Israel's security and may prevent hostile acts within the green line.
As Israel obtained the West Bank and Gaza Strip as a result of a defensive war. As a country acting in self defense it may sieze territory to prevent any further hostilities.
"Settlements in various parts of the so-called occupied area... [were] the result of a war which they [the Israelis] won." - U.S. Defense Secretary, Donald Rumsfeld
Settlements and Religion
There has been a continues Jewish presence in and around biblical sites holy to Judaism in the West Bank (Judea & Samaria). These sites include: Joseph's Tomb in Nablus, and The cave of the Patriarchs in Hebron.
Hebron is the second holy city for Judaism. Jews were massacred and ethnically cleansed in Hebron in 1929. To deny settlements in Hebron is to condone the forceful transfer of the ancient Jewish community from their land.
Judea and Samaria were part of the biblical land of Israel. It is dicrimatry to declare that Jews may not live there.
Settlements and History.
Jewish settlements had existed prior to the 1948-49 war (Hebron, and Gush Etzion) and were destroyed during hostilities. Under Arab 1948-67 occupation Jews were refused access to their holy shrines and not allowed to live on these lands.
Settlements and Land
The vast majority of settlements in the West Bank and Gaza Strip were built on uninhabited land and have not displaced any Arabs. Jews who have established settlements have worked the land and are therefore entitled to the benefits of their labour. Much of the land was previously left to waste and deemed infertile.
The West Bank and Gaza strip are disputed land and therefore not governed by Israeli law. The Ottoman land laws apply to these areas. Ottoman law states that if the land is uninhabited for over three years it may be purchased.
"The Jewish right of settlement in the area is equivilant in every way to the right of the local population to live there" - Professor Eugene Rostow (former Undersecretary of State for Political Affairs).
Settlements and International Law
Critics of settlements have often cited article 49 of the Fourth Geneva convention, arguing that settlements are contrary to International law. This assertion is incorrect.
Article 49 of the Fourth Geneva conventiuon states:
"Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited." (Fourth Geneva Convention, Article 49(1)).
There are several reasons why this is not applicable to the case of Israel and the disputed territories.
The articles in question relates to the responsibility of a power that has attained territory as a consequence of an aggressive war. Israel's acquisition of the West Bank, Gaza, and the Golan Heights were as a result of a defensive war.
The article 49 of the Geneva Conventions refers to the forced tranfer of civilian populations. Settlements activity in the territories are voluntary and the local population of the territories have not been transferred not is it Israeli government policy to do so.
The article in question refers to the "occupying power". The West Bank and Gaza Strip are not occupied territories but rather disputed. Previous to 1948 the British were the occupying power of Israel, the West Bank and Gaza Strip but gave their mandate to the United Nations who in tern proposed to partition the land between Israel and the Arabs. The Arabs launched a war against the newly born Jewish state and rejected partition. After the 1948-49 War Jordan, occupied the West Bank and annexed it. The international community refused to recognize the West Bank as part of Jordan. Israel acquired the West Bank from Jordan. The future of the West Bank and Gaza Strip is unclear (UN resolution 242 sates "lands aquired" after hostilities not all lands must be returned) thus making the land disputed not occupied.
The League of Nations which provided for the establishment of a Jewish State specifically encouraged "close settlement by Jews on the land". Article 6 of the Mandate of the Leaugue of Nations states:
"Jewish immigration under suitable conditions and shall encourage, in cooperation with the Jewish Agency referred to in Article 4, close settlement by Jews on the land, including State land not required for public use."
Settlements and Peace
Between 1949-1967 the West Bank was occupied by Jordan and there were no Settlements as the Jordanian government prohibited Jews to live there, no efforts were made by Arab countries or leaders to make peace with Israel.
In 1977 Egyptian President Sadat traveled to Jerusalem. A peace agreement was reached between Sadat and Israeli Prime Minister Menachem Begin. Israel dismantled settlements and withdrew from the Sinai in exchange for peace with Egypt.
In 2000 at Camp David and Taba Israeli Prime Minister Ehud Barak offered the Palestinian leader Yasir Arafat 97% of the West Bank and 100% of the Gaza strip in exchange for peace thus demonstrating Israeli willingness to dismantle settlements in exchange for peace. Arafat refused and initiated violence instead.
The idea that the West Bank and Gaza strip must be a Jew free zone if peace is to be achieved would be deemed as racist if this suggestion was applied anywhere else in the world. There are over 1 million Arabs living in Israel constituting about 17% of Israel's total population. Jews should be able to live in the "Palestinian territories" also.
Other Settlement Facts to Consider
An estimated 80% of settlers live in what are in effect suburbs of Jerusalem and Tel Aviv.
Analyists have noted that 80% of Settlements can be brought into Israel's borders with slight modifications to the "Green Line".
Israel has demonstrated that she is willing to dismantle settlements for peace. Ehud Barak would have dismantled over 100 settlements if Yasir Arafat had agreed to his generous offer at Camp David 2000.
Palestinian violence aimed at ousting settlers from the disputed territories is an attempt to ethnically cleanse the West Bank and Gaza Strip of its Jewish population.
Jerusalem History through the Centuries
Jerusalem History through the Centuries
If I forget thee, O Jerusalem,
may my right hand forget its cunning.
May my tongue cleave to the roof of my mouth,
if I do not set Jerusalem above my highest joy.
(Psalms 137:5-6)
King David made Jerusalem the capital of his kingdom, as well as the religious center of the Jewish people, in 1003 BCE. Some forty years later, his son Solomon built the Temple (the religious and national center of the people of Israel) and transformed the city into the prosperous capital of an empire extending from the Euphrates to Egypt.
The Babylonian king Nebuchadnezzar conquered Jerusalem in 586 BCE, destroyed the Temple, and exiled the people. Fifty years later, when Babylon was conquered by the Persians, King Cyrus allowed the Jews to return to their homeland and granted them autonomy. They built a Second Temple on the site of the First, and rebuilt the city and its walls.
Alexander the Great conquered Jerusalem in 332 BCE. After his death the city was ruled by the Ptolemies of Egypt and then by the Seleucids of Syria. The Hellenization of the city reached its peak under the Seleucid ruler Antiochus IV; the desecration of the Temple and attempts to supress Jewish religious identity resulted in a revolt.
Led by Judah Maccabee, the Jews defeated the Seleucids, rededicated the Temple (164 BCE), and re-established Jewish independence under the Hasmonean dynasty, which lasted for more than a hundred years, until Pompey imposed Roman rule on Jerusalem. King Herod the Idumean, who was installed as ruler of Judah by the Romans (37 - 4 BCE), established cultural institutions in Jerusalem, erected magnificent public buildings and refashioned the Temple into an edifice of splendor.
Jewish revolt against Rome broke out in 66 CE, as Roman rule after Herod's death became increasingly oppressive. For a few years Jerusalem was free of foreign rule, until, in 70 CE, Roman legions under Titus conquered the city and destroyed the Temple. Jewish independence was briefly restored during the Bar Kochba revolt (132-135), but again the Romans prevailed. Jews were forbidden to enter the city, which was renamed Aelia Capitolina and rebuilt along the lines of a Roman city.
For the next century and a half, Jerusalem was a small provincial town. This changed radically when the Byzantine Emperor Constantine transformed Jerusalem into a Christian center. The Church of the Holy Sepulcher (335) was the first of numerous grandiose structures built in the City.
Muslim armies invaded the country in 634, and four years later Caliph Omar captured Jerusalem. Only during the reign of Abdul Malik, who built the Dome of the Rock (691), did Jerusalem briefly become the seat of a caliph. The century-long rule of the Umayvad Dynasty from Damascus was succeeded in 750 by the Abbasids from Baghdad, and with them Jerusalem began to decline.
The Crusaders conquered Jerusalem in 1099, massacred its Jewish and Muslim inhabitants, and established the city as the capital of the Crusader Kingdom. Under the Crusaders, synagogues were destroyed, old churches were rebuilt and many mosques were turned into Christian shrines. Crusader rule over Jerusalem ended in 1187, when the city fell to Saladin the Kurd.
The Mamluks, a military feudal aristocracy from Egypt, ruled Jerusalem from 1250. They constructed numerous graceful buildings, but treated the city solely as a Muslim theological center and ruined its economy through neglect and crippling taxes.
The Ottoman Turks, whose rule lasted for four centuries, conquered Jerusalem in 1517. Suleiman the Magnificent rebuilt the city walls (1537), constructed the Sultan's Pool, and placed public fountains throughout the city. After his death. the central authorities in Constantinople took little interest in Jerusalem. During the 17th and 18th centuries Jerusalem sunk to one of its lowest ebbs.
Jerusalem began to thrive once more in the latter half of the nineteenth century. Growing numbers of Jews returning to their land, waning Ottoman power and revitalized European interest in the Holy Land led to renewed development of Jerusalem.
The British army led by General Allenby conquered Jerusalem in 1917. From 1922 to 1948 Jerusalem was the administrative seat of the British authorities in the Land of Israel (Palestine), which had been entrusted to Great Britain by the League of Nations following the dismantling of the Ottoman Empire after World War I. The city developed rapidly, growing westward into what became known as the "New City."
Upon termination of the British Mandate on May 14, 1948, and in accordance with the UN resolution of November 29, 1947, Israel proclaimed its independence, with Jerusalem as its capital. Opposing its establishment, the Arab countries launched an all-out assault on the new state, resulting in the 1948-49 War of Independence. The armistice lines drawn at the end of the war divided Jerusalem into two, with Jordan occupying the Old City and areas to the north and south, and Israel retaining the western and southern parts of the city.
Jerusalem was reunited in June 1967, as a result of a war in which the Jordanians attempted to seize the western section of the city. The Jewish Quarter of the Old City, destroyed under Jordanian rule, has been restored, and Israeli citizens are again able to visit their holy places, which had been denied them between 1948-1967.
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