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 theSan 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 withPalestine 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 theLeague 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 ofJerusalem 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 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
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
However, in 1947, the General Assembly of the UN passed Resolution 181, known as the Partition Plan. It violated the
The UN resolved that the City of
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.
TodayAfter the Six Day War in 1967,
Given Jerusalem’s strong Jewish majority, Gauthier concludes,
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