Marvin Belsky <bel21mar@gmail.com> sent us an article by Ted Belman on the matter of International Law on Jerusalem Leads to Correct Outcome – Jerusalem IS a Jewish issue – as different in part from a Palestinian vs. Israeli issue. Excerpts of this article follow:
Ted Belman writes: “I attended a lecture tonight by Jacques Gauthier, a Canadian Lawyer who just received his PhD after twenty years of research on the legal status of Jerusalem and the writing of a dissertation of some 1300 pages with 3000 footnotes. He is not a Jew and had to present his thesis to a panel of two of the leading international lawyers and one world famous Jewish historian. The reason for so many footnotes was to enable himself to defend his thesis from intense attack by one of the lawyers who happened to be a Jewish anti-Zionist and who had represented the PA on numerous occasions.”
Here’s what he said in point form:
1. The Balfour Declaration of 1917 started the whole process but it didn’t create legal rights.
2. The San Remo Resolution adopted on 25 April 1920 incorporated the Balfour Declaration of 19171 and Article 22 of the Covenant of the League of Nations. It was the basic document upon which the Mandate for Palestine was constructed. And it constituted a treaty and was thus legally binding.
The High Contracting Parties agree to entrust, by application of the provisions of Article 22, the administration of Palestine, within such boundaries as may be determined by the Principal Allied Powers, to a Mandatory, to be selected by the said Powers. The Mandatory will be responsible for putting into effect the Balfour declaration originally made on November 8, 1917, by the British Government, and adopted by the other Allied Powers, in favour of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.
He pointed out that the Arabs weren’t even mentioned but that civil and religious rights only were accorded other inhabitants . This thereby excludes political rights for Arabs.
3. Article 22 of the Covenant of the League of Nations provides for the creation of mandates.
To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilisation and that securities for the performance of this trust should be embodied in this Covenant.
The legal significance here is that “the well-being and development of such peoples form a sacred trust of civilisation. The Mandatory Power was the trustee of that trust.
4. The resolution of the League of Nations creating the Palestine Mandate, included the following significant recital
“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…” This had never happened before in history. No such recognition had ever been according to anyone, ever. Palestine was to be held for the Jewish people wherever they lived.
ART. 2. The Mandatory shall be responsible for placing the country under such political, administrative and economic conditions as will secure the establishment of the Jewish national home, as laid down in the preamble, and the development of self-governing institutions, and also for safeguarding the civil and religious rights of all the inhabitants of Palestine, irrespective of race and religion.
Thus the operative clause specifically referred to the preamble and reiterated that there were no political rights for other inhabitants.
ART. 5. The Mandatory shall be responsible for seeing that no Palestine territory shall be ceded or leased to, or in any way placed under the control of the Government of any foreign Power.
ART. 6. The Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions and shall encourage, in co-operation with the Jewish agency referred to in Article 4, close settlement by Jews on the land, including State lands and waste lands not required for public purposes.
5. The United Nations took over from the failed League of Nations in 1945 and its Charter included
Article: 80 .. 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.
Thus the Palestinian Mandate continued without change.
6. In 1947, the General Assembly of the UN passed Res 181 which became known as the Partition Plan pursuant to which both Jews and Arabs could announce their state.
First it must be noted that the Charter of the UN specifically gave no power to the General Assembly because that would infringe on the sovereign power of individual members. So the GA could recommend only. Secondly, this recommendation was in violation of the terms of the Mandate.
This resolution also provided for a Special regime for Jerusalem which had the following defined boundaries,
A. SPECIAL REGIME The City of Jerusalem shall be established as a corpus separatum under a special international regime and shall be administered by the United Nations. The Trusteeship Council shall be designated to discharge the responsibilities of the Administering Authority on behalf of the United Nations.
B. BOUNDARIES OF THE CITY The City of Jerusalem shall include the present municipality of Jerusalem plus the surrounding villages and towns, the most eastern of which shall be Abu Dis; the most southern, Bethlehem; the most western, ‘Ein Karim (including also the built-up area of Motsa); and the most northern Shu’fat, as indicated on the attached sketch-map (annex B).
But this regime was to be limited in time
The Statute elaborated by the Trusteeship Council the aforementioned principles shall come into force not later than 1 October 1948. It shall remain in force in the first instance for a period of ten years, unless the Trusteeship Council finds it necessary to undertake a re-examination of these provisions at an earlier date. After the expiration of this period the whole scheme shall be subject to examination by the Trusteeship Council in the light of experience acquired with its functioning. The residents the City shall be then free to express by means of a referendum their wishes as to possible modifications of regime of the City.
This provision for a referendum was of critical importance to the acceptance of Res 181 by Ben Gurion. He knew that the Jews were in a majority within these boundaries and would be in 10 years when the referendum was to be held. Thus he was confidant that Jerusalem would return to Jewish hands.
Keep in mind that the disposition of this area was to be determined not by Israel but by the residents of Jerusalem so defined. Currently the Jews have a 2:1 majority there.
Needless to say that after the Armistance Agreement of ’49 the Jordanians who were in control of Jerusalem violated every provision of this resolution calling for among other things respect for holy places. The referendum never took place.
After the ’67 war in which Israel regained the land to the Jordan including Jerusalem, Res 242 of the Security Council was passed authorizing Israel to remain in possession of all the land until they had “secure and recognized boundaries”. It did not require Israel to withdraw from all of the territories and it was silent on Jerusalem. Also it “Affirms further the necessity for achieving a just settlement of the refugee problem”. There was no reference to Res 181 nor was there a distinction made between Jewish and Arab refugees.
————–
The above leads to several conclusions that make it difficult for negotiations suggested at Annapolis to proceed without also a representation from World Jewry. Also, there is the question of the that even according to UN Resolution 181, there should have been after the partition of the territory that ranged from the sea to the Jordan, no later then October 1, 1958 a referendum within the specified area of the Jerusalem regime, and only those living in that specified area were given the right to decide on its future. Obviously this was not done because of the rejection of the whole deal by the Arab States – Members of the UN – who according to the original Mandate as decreed by the League of Nations, had no part in any decision to be taken over the future of this piece of real estate – that at that time was being intended for the historic homeland of the Jews – recognized as a historic people – not just a religion!
We completely understand the need to solve the present day Israeli-Palestinian conflict, but our website also is clear about the impact of the West trying to unite the Sunni oil regimes against the Iranian Shiia attempt at taking over the oil wells that geology placed under lands settled by Shiia Muslims. Further, the UN insistence in holding its yearly fair on November 29-th under the title of “Inalienable Rights of the Palestinian people that include the right of return to their homes within the borders of the State of Israel” – something that Israel cannot accept without declaring that it agrees to its dissolution in the Arab sea that surrounds it, makes the UN an acceptable partner in any peace making effort on this subject. Further, as Marvin Belsky believes, not even Prime Minister Olmert has the legal authority to decide on the issues that by international law should also involve World Jewry. Granted the fact that the Israelis are those that suffer the brunt of the ongoing warfare they have indeed acquired the right to decide on the borders of their own State – this without having to ask permission from World Jewry – but, when it comes to Jerusalem, as the UN recognized already in 1947, World Jewry is entitled to voice its own point of view, and then eventually the people of the Jerusalem enclave (regime) – even according to the UN – have to be called in to state their position. With a Jewish majority in the area of the regime clear, the result is also clear. So any attempt to “gerrymander” the issue will run into expected opposition because of such outsiders like the House of Saud, or others, that claim the right to manage the city that seems in their eyes as exclusively Holly only to them. In the last 1000 years, it was only in the last years, under Israeli rule, that an effort was being made to have a guaranty for everyone’s religious rights in that city.
The bottom line of all of this seems that in order to restart the effort for removing the Palestinian issue from the larger topic of the Middle East Oil Wars – it is needed (1) to make it clear that the “right of return” is declared null and void and replaced by rights to mutual compensation for the exchange of population that occurred starting 1948 between Palestine and the Arab World; and (2) there is an agreement on Jerusalem based on a referendum and on addresing the interests of the people living now within the borders of what was going to be the special territory of the Jerusalem enclave. If such a referendum is held, there is no assurance at all that the Arabs living in Jerusalem now would like to be anything else then Israelis. Without the UN and the Arab oil states hovering around, a solution could thus be found.
Also, with 192 Member States, the UN will have to accept finally that there is nothing wrong with declaring that one of these States is a Jewish State, and that with 21 Arab States in existence already, there is really no need to replace Israel with a 22nd Arab State. The UN is not worth the CO2 it emits if it cannot bring itself to the point it recognizes this. Would it not be nice for the UN to recognize that November 29th is not just the day to remember that the Arabs robbed the Palestinians from their chance of having a State of their own, but also the date to remember that it was the birth of the only democracy in the Middle East – the State of Israel?
————————
And What About The US – Israel Governments Nexus?
See – “At UN, Gun-Jumping on Annapolis Resolution…”
Ted Belman writes: “I attended a lecture tonight by Jacques Gauthier, a Canadian Lawyer who just received his PhD after twenty years of research on the legal status of Jerusalem and the writing of a dissertation of some 1300 pages with 3000 footnotes. He is not a Jew and had to present his thesis to a panel of two of the leading international lawyers and one world famous Jewish historian. The reason for so many footnotes was to enable himself to defend his thesis from intense attack by one of the lawyers who happened to be a Jewish anti-Zionist and who had represented the PA on numerous occasions.”
Here’s what he said in point form:
1. The Balfour Declaration of 1917 started the whole process but it didn’t create legal rights.
2. The San Remo Resolution adopted on 25 April 1920 incorporated the Balfour Declaration of 19171 and Article 22 of the Covenant of the League of Nations. It was the basic document upon which the Mandate for Palestine was constructed. And it constituted a treaty and was thus legally binding.
The High Contracting Parties agree to entrust, by application of the provisions of Article 22, the administration of Palestine, within such boundaries as may be determined by the Principal Allied Powers, to a Mandatory, to be selected by the said Powers. The Mandatory will be responsible for putting into effect the Balfour declaration originally made on November 8, 1917, by the British Government, and adopted by the other Allied Powers, in favour of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.
He pointed out that the Arabs weren’t even mentioned but that civil and religious rights only were accorded other inhabitants . This thereby excludes political rights for Arabs.
3. Article 22 of the Covenant of the League of Nations provides for the creation of mandates.
To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilisation and that securities for the performance of this trust should be embodied in this Covenant.
The legal significance here is that “the well-being and development of such peoples form a sacred trust of civilisation. The Mandatory Power was the trustee of that trust.
4. The resolution of the League of Nations creating the Palestine Mandate, included the following significant recital
“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…” This had never happened before in history. No such recognition had ever been according to anyone, ever. Palestine was to be held for the Jewish people wherever they lived.
ART. 2. The Mandatory shall be responsible for placing the country under such political, administrative and economic conditions as will secure the establishment of the Jewish national home, as laid down in the preamble, and the development of self-governing institutions, and also for safeguarding the civil and religious rights of all the inhabitants of Palestine, irrespective of race and religion.
Thus the operative clause specifically referred to the preamble and reiterated that there were no political rights for other inhabitants.
ART. 5. The Mandatory shall be responsible for seeing that no Palestine territory shall be ceded or leased to, or in any way placed under the control of the Government of any foreign Power.
ART. 6. The Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions and shall encourage, in co-operation with the Jewish agency referred to in Article 4, close settlement by Jews on the land, including State lands and waste lands not required for public purposes.
5. The United Nations took over from the failed League of Nations in 1945 and its Charter included
Article: 80 .. 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.
Thus the Palestinian Mandate continued without change.
6. In 1947, the General Assembly of the UN passed Res 181 which became known as the Partition Plan pursuant to which both Jews and Arabs could announce their state.
First it must be noted that the Charter of the UN specifically gave no power to the General Assembly because that would infringe on the sovereign power of individual members. So the GA could recommend only. Secondly, this recommendation was in violation of the terms of the Mandate.
This resolution also provided for a Special regime for Jerusalem which had the following defined boundaries,
A. SPECIAL REGIME The City of Jerusalem shall be established as a corpus separatum under a special international regime and shall be administered by the United Nations. The Trusteeship Council shall be designated to discharge the responsibilities of the Administering Authority on behalf of the United Nations.
B. BOUNDARIES OF THE CITY The City of Jerusalem shall include the present municipality of Jerusalem plus the surrounding villages and towns, the most eastern of which shall be Abu Dis; the most southern, Bethlehem; the most western, ‘Ein Karim (including also the built-up area of Motsa); and the most northern Shu’fat, as indicated on the attached sketch-map (annex B).
But this regime was to be limited in time
The Statute elaborated by the Trusteeship Council the aforementioned principles shall come into force not later than 1 October 1948. It shall remain in force in the first instance for a period of ten years, unless the Trusteeship Council finds it necessary to undertake a re-examination of these provisions at an earlier date. After the expiration of this period the whole scheme shall be subject to examination by the Trusteeship Council in the light of experience acquired with its functioning. The residents the City shall be then free to express by means of a referendum their wishes as to possible modifications of regime of the City.
This provision for a referendum was of critical importance to the acceptance of Res 181 by Ben Gurion. He knew that the Jews were in a majority within these boundaries and would be in 10 years when the referendum was to be held. Thus he was confidant that Jerusalem would return to Jewish hands.
Keep in mind that the disposition of this area was to be determined not by Israel but by the residents of Jerusalem so defined. Currently the Jews have a 2:1 majority there.
Needless to say that after the Armistance Agreement of ’49 the Jordanians who were in control of Jerusalem violated every provision of this resolution calling for among other things respect for holy places. The referendum never took place.
After the ’67 war in which Israel regained the land to the Jordan including Jerusalem, Res 242 of the Security Council was passed authorizing Israel to remain in possession of all the land until they had “secure and recognized boundaries”. It did not require Israel to withdraw from all of the territories and it was silent on Jerusalem. Also it “Affirms further the necessity for achieving a just settlement of the refugee problem”. There was no reference to Res 181 nor was there a distinction made between Jewish and Arab refugees.
————–
The above leads to several conclusions that make it difficult for negotiations suggested at Annapolis to proceed without also a representation from World Jewry. Also, there is the question of the that even according to UN Resolution 181, there should have been after the partition of the territory that ranged from the sea to the Jordan, no later then October 1, 1958 a referendum within the specified area of the Jerusalem regime, and only those living in that specified area were given the right to decide on its future. Obviously this was not done because of the rejection of the whole deal by the Arab States – Members of the UN – who according to the original Mandate as decreed by the League of Nations, had no part in any decision to be taken over the future of this piece of real estate – that at that time was being intended for the historic homeland of the Jews – recognized as a historic people – not just a religion!
We completely understand the need to solve the present day Israeli-Palestinian conflict, but our website also is clear about the impact of the West trying to unite the Sunni oil regimes against the Iranian Shiia attempt at taking over the oil wells that geology placed under lands settled by Shiia Muslims. Further, the UN insistence in holding its yearly fair on November 29-th under the title of “Inalienable Rights of the Palestinian people that include the right of return to their homes within the borders of the State of Israel” – something that Israel cannot accept without declaring that it agrees to its dissolution in the Arab sea that surrounds it, makes the UN an acceptable partner in any peace making effort on this subject. Further, as Marvin Belsky believes, not even Prime Minister Olmert has the legal authority to decide on the issues that by international law should also involve World Jewry. Granted the fact that the Israelis are those that suffer the brunt of the ongoing warfare they have indeed acquired the right to decide on the borders of their own State – this without having to ask permission from World Jewry – but, when it comes to Jerusalem, as the UN recognized already in 1947, World Jewry is entitled to voice its own point of view, and then eventually the people of the Jerusalem enclave (regime) – even according to the UN – have to be called in to state their position. With a Jewish majority in the area of the regime clear, the result is also clear. So any attempt to “gerrymander” the issue will run into expected opposition because of such outsiders like the House of Saud, or others, that claim the right to manage the city that seems in their eyes as exclusively Holly only to them. In the last 1000 years, it was only in the last years, under Israeli rule, that an effort was being made to have a guaranty for everyone’s religious rights in that city.
The bottom line of all of this seems that in order to restart the effort for removing the Palestinian issue from the larger topic of the Middle East Oil Wars – it is needed (1) to make it clear that the “right of return” is declared null and void and replaced by rights to mutual compensation for the exchange of population that occurred starting 1948 between Palestine and the Arab World; and (2) there is an agreement on Jerusalem based on a referendum and on addresing the interests of the people living now within the borders of what was going to be the special territory of the Jerusalem enclave. If such a referendum is held, there is no assurance at all that the Arabs living in Jerusalem now would like to be anything else then Israelis. Without the UN and the Arab oil states hovering around, a solution could thus be found.
Also, with 192 Member States, the UN will have to accept finally that there is nothing wrong with declaring that one of these States is a Jewish State, and that with 21 Arab States in existence already, there is really no need to replace Israel with a 22nd Arab State. The UN is not worth the CO2 it emits if it cannot bring itself to the point it recognizes this. Would it not be nice for the UN to recognize that November 29th is not just the day to remember that the Arabs robbed the Palestinians from their chance of having a State of their own, but also the date to remember that it was the birth of the only democracy in the Middle East – the State of Israel?
————————
And What About The US – Israel Governments Nexus?
See – “At UN, Gun-Jumping on Annapolis Resolution…”
Byline: Matthew Russell Lee of Inner City Press at the UN: News Muse
“UNITED NATIONS, November 30 — In the half light outside the UN Security Council at 1 p.m. on Friday, Israel’s deputy ambassador Danny Carmon told a gaggle of reporters that appreciation for the Annapolis conference has other means to be expressed than in a resolution. Less than 24 hours previous, the U.S. had circulated a draft resolution, which was unceremoniously withdrawn on Friday. Even Thursday night, journalists in touch with the Israeli mission expressed surprise that the normal pre-filing consultations had not been done. By Friday before the 10 a.m. Council meeting, diplomats were trying to interpret an Abbas statement that action by the Security Council would show seriousness — did they mean he agreed to the language of the U.S. resolution?
Israel opposed any resolution at all: not the right form of text, and not the right venue, why let the UN get back involved?
One eminence gris nailed it: if you wanted to see Israel’s relation to U.S. policy on the Middle East, the last twenty hours showed it.”
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Posted in Arab Asia, Egypt, Iran, Israel, Jordan, Palestine I (The Bank), Palestine II (Hamasstan), Policy Lessons from Mad Cow Disease, Reporting From the UN Headquarters in New York, Reporting from Washington DC, Saudi Arabia
Email This ArticlePosted in Arab Asia, Egypt, Iran, Israel, Jordan, Palestine I (The Bank), Palestine II (Hamasstan), Policy Lessons from Mad Cow Disease, Reporting From the UN Headquarters in New York, Reporting from Washington DC, Saudi Arabia
January 28th, 2008 at 3:22 am
“And thereafter we [Allah] said to the Children of Israel: ‘Dwell securely in the Promised Land. And when the last warning will come to pass, we will gather you together in a mingled crowd’.”.
017.104
YUSUFALI: And We said thereafter to the Children of Israel, “Dwell securely in the land (of promise)”: but when the second of the warnings came to pass, We gathered you together in a mingled crowd.
PICKTHAL: And We said unto the Children of Israel after him: Dwell in the land; but when the promise of the Hereafter cometh to pass We shall bring you as a crowd gathered out of various nations.
SHAKIR: And We said to the Israelites after him: Dwell in the land: and when the promise of the next life shall come to pass, we will bring you both together in judgment.
- Qur’an 17:104 -
Any sincere Muslim must recognize the Land they call “Palestine” as the Jewish Homeland, according to the book considered by Muslims to be the most sacred word and Allah’s ultimate revelation.
If people of any nation were exiled to other country’s and than years later were able to reclaim their country, the world population as a whole would support such action and would not consider giving a piece of the country to the foreigners who are residing there, and under no circumstances would they consider parceling portions of the county to be set up as a separate State for the foreigners.
Why should anyone in the world consider doing this very same action with the land of Israel which is a Jewish land for thousands of years?
The Arabs living in the land of Israel have come from the surrounding Arab countries; they have no right whatsoever to any part of the land of Israel.
In the past hundred years many Jews were ejected from Arab countries surrounding the land of Israel, their property taken and their homes and lands taken over.
Let those Arabs who want to Claim the land of Israel as theirs go to those Arab countries and the homes and lands that the Jews were occupying.
Any part of the land of Israel is not occupied territory; it is legally a Jewish land and has been for thousands of years, no Arab has any right to claim any rights to the land of Israel. The surrounding Arab countries compose of over 100 million people and millions of square miles, why do they have to bother little Israel with its territory about the size of the State of New Jersey.
Maybe the world should consider giving European countries or parts to the Italians, since the Romans occupied it for many years.
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 suppress 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 re-established 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 during the years 1948-1967.
Conclusion, the land of Israel and Jerusalem as its undivided capital for the Jewish people is a historical fact for thousands of years and shall remain that way for eternity.
The true basis for a lasting peace
A far-sighted Arab-Jewish agreement was arrived at 85 years ago but was never fully implemented. This still-legal agreement provides the basis for a solution today and should become widely publicized and supported.
In 1919, following the end of World War I, an international Paris Peace Conference was convened by the victorious Allies to settle international questions. Delegations attended from around the world including an official Arab and Zionist delegation. The Arab delegation was led by Emir Feisal I, who agreed that the entire Palestine territory of the Balfour Declaration of 1917 would become the Jewish national home and expressed that position in separate letters to Zionist leaders Dr. Chaim Weizmann and Felix Frankfurter. In return for Arab support the Zionists promised economic and technical assistance to the local Arabs and the Allied powers agreed to grant eventual sovereignty to many of the Arab peoples in the region that were previously under control of the former Turkish Ottoman Empire.
This conference, and a subsequent one at San Remo Italy, amicably settled the issues among the parties with voluntary, legally binding, international agreements. In 1922 the League of Nations assigned Britain as the Mandatory to faithfully carry out these agreements. It was British Colonial Secretary Winston Churchill who unilaterally divided Mandatory Palestine into an exclusively Arab sector (Trans Jordan) and a Jewish sector. The Arabs received 76% of the original territory, comprising 35,000 square miles, located east of the Jordan River. That left the Jewish sector with only 10,000 square miles out of their original 45,000 square miles, which was still less than 1% of the combined Arab areas of 5 million square miles. That remaining Jewish sector is today contested with the ‘Palestinians’ claiming the ‘West Bank’ and Gaza to create, in effect, a second Palestinian state. (Jordan is mostly Palestinian.) It was the British, in 1919, who began to undermine their own Mandate and to instigate the Arabs against Jews.
“Under this settlement, the whole of Palestine on both sides of the Jordan was reserved exclusively for the Jewish People as the Jewish National Home, in recognition of their historical connection with that country, dating from the Patriarchal Period. … The Palestine aspect of the global settlement was recorded in three basic documents that led to the founding of the modern State of Israel: … The British Government repudiated the solemn obligation it undertook to develop Palestine gradually into an independent Jewish state. … The US aided and abetted the British betrayal of the Jewish People by its abject failure to act decisively against the 1939 White Paper despite its own legal obligation to do so under the 1924 treaty. The UN Partition Resolution of November 29, 1947 illegally recommended the restriction of Jewish legal rights to a truncated part of Palestine. … Despite all the subversive actions to smother and destroy Jewish legal rights and title of sovereignty to the entire Land of Israel, they still remain in full force by virtue of the Principle of Acquired Rights and the doctrine of Estoppel that apply in all legal systems of the democratic world.”
It has been argued, by scholars of international law, that the agreements of the international Paris Peace Conference of 1919, and their formal assignment to Britain as the Mandatory by the League of Nations, continue to be legally binding on all parties under international law. In addition to Jewish legal claims based on the 1922 law a case can be made that it is also morally binding and that England is guilty of bad faith and for having engaged in deliberate sabotage of that agreement. A most promising beginning for Arab-Jewish relations in the Middle East was deliberately undermined by England and this part of history must be brought to bear upon the present conflict. Israel has a right to make full land claims under that 1922 Mandate by the League of Nations. The Arabs should also be made aware that it was England that instigated them against the Jews in pursuit of British imperial interests and to the disadvantage of both Arabs and Jews.
Significantly, Arab support for a Jewish state was clearly manifested at the Paris Peace conference of 1919. This should also be part of the legally binding Arab obligations to acceptance of a Jewish state with full rights. Emir Feisal I, son of Hussein, Sheriff of Mecca led the Arab delegation to the Paris Peace Conference of 1919. Excerpts of two letters from Emir Feisal to Zionist leaders Dr. Chaim Weizmann and to Felix Frankfurter indicate their friendly relations and high hopes for Jewish – Arab cooperation. Also note in the following text the term ‘Palestine’ clearly refers to the Jewish national home and not to any Arab entity or people.
From Emir Feisal to Dr. Weizmann:
“His Royal Highness the Emir Feisal, representing and acting on behalf of the Arab Kingdom of hedjaz, and Dr. Chaim Weizmann, representing and acting on behalf of the Zionist Organization, mindful of the racial kinship and ancient bonds existing between the Arabs and the Jewish People, and realising that the surest means of working out the consummation of their national aspirations is through the closest possible collaboration in the development of the Arab State and Palestine, and being desirous further of confirming the good understanding which exists between them, have agreed upon the following Articles:” … Article IV: “All necessary measures shall be taken to encourage and stimulate immigration of Jews into Palestine on a large scale, and as quickly as possible to settle Jewish immigrants upon the land through closer settlements and intensive cultivation of the soil. In taking such measures the Arab peasant and tenant farmers shall be protected in their rights, and shall be assisted in forwarding their economic development.”
From Emir Feisal to Felix Frankfurter:
“… We feel that the Arabs and Jews are cousins in race, having suffered similar oppressions at the hands of the powers stronger than themselves, and by a happy coincidence have been able to take the first step towards the attainment of their national ideals together.” “We Arabs, especially the educated among us, look with the deepest sympathy on the Zionist movement. Our deputation here in Paris is fully acquainted with the proposals submitted yesterday by the Zionist Organization to the Peace Conference, and we regard them as moderate and proper. We will do our best, in so far as we are concerned, to help them through: we wish the Jews a most hearty welcome home.” …. “People less informed and less responsible than our leaders and yours, ignoring the need for cooperation of the Arabs and the Zionists have been trying to exploit the local difficulties that must necessarily arise in Palestine in the early stages of our movements. Some of them have, I am afraid, misrepresented your aims to the Arab peasantry, and our aims to the Jewish peasantry, with the result that interested parties have been able to make capital our of what they call our differences. …” (To read full text go to www.eretzyisroel.org/~samuel/feisal1.html and www.eretzyisroel.org/~samuel/feisal2.html
What remains now is for all parties to courageously and boldly cast off the mindless schemes of Oslo and the Road Map and return to the sanity and statesmanship of the 1919 agreement. Those Arabs who have an acquired identity as ‘Palestinian’ should be given a far better alternative option than to be buried alive inside a non-viable illegal micro-state carved out of the Israeli heartland.
The Win-Win solution
Contrary to popular belief, the Arab-Israeli conflict has a reasonable solution. An orderly resettlement elsewhere of the so-called Palestinian Arabs would solve this long-standing ‘intractable’ problem. To propose this solution today elicits automatic rejection by almost everyone and perhaps even anger and hostility at its very mention (although attitudes may finally be changing). This is because the minds of many have been so thoroughly conditioned, with layer upon layer of repeated falsehoods, such that open-minded reconsideration is almost impossible. But resettlement could become the basis of a win-win solution for both sides.
For example Saudi Arabia comprises some 750,000 square miles. It has a very low population density of only 33 per square mile vs. 1,000 for Israel including the territories. A modest 4% of Saudi Arabia, some 30,000 square miles, should be set aside for a new Palestinian state. That state would be 13 times the size of the present Palestinian area proposed under the Road Map and would now have ample space for natural growth. All of the intractable problems facing both Jews and Arabs, arising under the present schemes, would be eliminated. The Palestinians could now construct their own state with full political independence, self-rule and full dignity. The sources of friction between them and Israel would now be removed along with all the immense human and material costs associated with the current conflict.
Palestinians could begin using their legitimate ‘right of return’ to exit the territories, and the refugee camps, and migrate back to their ancestral home in Arabia and thereby also be closer to Mecca and Medina. A fraction of the countless billions spent on weapons by the Arab governments could fund the cost of establishing new settlements for the Palestinians. Israel would be free of Arabs, and the Palestinians would be free of Israel. The deep wounds of both peoples would now have a chance to heal.
In early 2004 a poll by the Palestinian Center for Public Opinion shows 37% willing to emigrate in return for a home, a job and $250,000. And this is before a far better deal has been offered, including true self-rule, peace and security, plus their own ample territory. What if ‘Palestinians’ were offered a homeland territory, drawn from lands donated by one of the more spacious Arab countries, one expressing continuous concern, love for, and outrage at the treatment of these very same folk?
Israeli Arabs could play a constructive role in this because of their higher level of education and their experience living as full citizens in democratic Israel. They would become the managerial and entrepreneurial class and provide valuable assistance and leadership for fellow Palestinians who were stagnating in refugee camps inside other Arab countries. This crime was committed by their own brother Arabs, who refused to allow them to settle.
Once the migration starts toward a far better future the movement could well accelerate voluntarily because the first ones to relocate would receive the best ‘ground floor’ opportunities and the last ones to move would get what remains. Today there are tens of millions of people on the move around the world in search of better living conditions, so relocation is a long established and viable option for everyone.
Another important advantage is that Israeli-Palestinian interaction would be limited to the selling of Arab homes in the territories and an orderly exit. No more frustratingly complex agreements as with Oslo where Israel honors all commitments and Arabs violate all commitments, and even U.S. assurances often prove worthless. The less need for Israel to depend on agreements with Arabs, Europeans and even Americans the better.
Part of the problem are those Arab governments who deliberately keep the Israel-Palestinian conflict alive to divert attention from their own corrupt regimes. Also, western governments still pander to their corrupt Arab clients for purely expedient reasons. But new progressive voices are emerging among Arab intellectuals and even among some Moslem clerics that call for Arab societal reform, and who also recognize Jewish rights in the land of Israel. These voices need to be encouraged and enlisted in this quest for sanity.
What is also needed is Saudi cooperation and active support. The Saudis have long been responsible for promoting anti-Jewish, anti-Christian, and anti-American hatred along with funding terror and the teaching of a hateful form of Islam. With their ‘royal’ family of thousands of princes living lavishly, off of oil income and the labor of foreign workers, they are a cesspool of corruption that even Osama bin Laden finds offensive.
It is time to demand that the Saudis make a major contribution to solve the Arab-Israeli conflict. They caused much of the problem and they must now assist with the solution. It is time for the Bush administration to make the Saudis ‘an offer they can’t refuse’ and have them realize they have a direct interest in providing ‘land for peace’.
For too long many people have labored under a collective mindset resembling a bad dream where big lies become entrenched wisdom and truth is constantly strangled. Unless we change direction there will be dire consequences extending well beyond the peoples of the region. Those who still have minds and morals intact now have an obligation to think clearly and with sanity and support this approach to finally resolving the Arab-Israeli conflict.
See:
The mandates for Mesopotamia, Syria and Palestine were assigned by the Supreme Court of the League of Nations at its San Remo meeting in April 1920. Negotiations between Great Britain and the United States with regard to the Palestine mandate were successfully concluded in May 1922, and approved by the Council of the League of Nations in July 1922. The mandates for Palestine and Syria came into force simultaneously on September 29, 1922. In this document, the League of Nations recognized the “historical connection of the Jewish people with Palestine” and the “grounds for reconstituting their national home in that country.”