20 Years of Research Reveals: Jerusalem Belongs to Jews
by Hillel Fendel
(IsraelNN.com) 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 favour 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 for 10 years only, 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."
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O Israel
The LORD bless you and keep you;
The LORD make His face to shine upon you and be gracious to you;
The LORD lift up His countenance upon you and give you peace.
Asymmetric Warfare It’s not just for the “Other Guys”
O Israel
The LORD bless you and keep you;
The LORD make His face to shine upon you and be gracious to you;
The LORD lift up His countenance upon you and give you peace.
Asymmetric Warfare It’s not just for the “Other Guys”
Text of Law drafted by Political Committee of Arab League
ReplyDeleteBeginning with November 28, 1947, all Jewish citizens of (Name of Arab Country) will be considered as members of the Jewish minority State of Palestine and will have to register with the authorities of the region wherein they reside, giving their names, the exact number of members in their families, their addresses, the names of their banks and the amounts of their deposits in these banks. This formality is to be accomplished within seven days.
Beginning with (November 28, 1947), bank accounts of Jews will be frozen. These funds will be utilized in part or in full to finance the movement of resistance to Zionist ambitions in Palestine.
Beginning with (November 28, 1947), only Jews who are subjects of foreign countries will be considered as “neutrals”. These will be compelled either to return to their countries, with a minimum of delay, or be considered as Arabs and obliged to accept active service with the Arab army.
Jews who accept active service in Arab armies or place themselves at the disposal of those armies, will be considered as “Arabs”.
Every Jew whose activities reveal that he is an active Zionist will be considered as a political prisoner and will be interned in places specifically designated for that purpose by police authorities or by the Government. His financial resources, instead of being frozen, will be confiscated.
Any Jew who will be able to prove that his activities are anti-Zionist will be free to act as he likes, provided that he declares his readiness to join the Arab armies.
The foregoing (para.6) does not mean that those Jews will not be submitted to paragraphs 1 and 2 of this law.
It is time to balance and remedy the tragedies of the Jews and the Arab-Palestinians and stop the hostilities.
YJ Draiman
Before Israel’s government forfeit Israel’s rights to the land and any other rights it must be put to a national vote.
ReplyDeleteThe Israeli government must not have the authority to relinquish Jewish land or other rights without a national vote by the people; this must be the law of the land. This also applies to any agreements or treaties that compromises and or promises that surrender Israel rights in any shape or form.
According to International law and treaties of post WWI, which allocated over 5 million square miles of territory to the Arabs and the 75,000 square miles of Palestine to the Jewish people, Jordan and Gaza is part of Israel, since they were part of Palestine. Abdel Fattah el-Sisi, the president of Egypt stated that he would give land in the Sinai with ocean front for the Arab Palestinians. Whether Jordan likes it or not over 70% of its population is Arabs who call themselves Palestinians.
(The UN has violated the law and the Charter of the UN by allocating Jewish territory under international law and treaties to Jordan. The UN Partition of Israel was also a violation of the UN Charter. Israel accepted, but the Arabs rejected the partition, that makes the UN partition recommendation of 1947 mute and meaningless.
Israel was reconstituted in 1920 by International law and treaties, including the 1919 Faisal Weizmann Agreement. Israel took over sovereign control on May 14, 1947 after the British abandoned their obligation and the Jewish people became a majority in the land).
People must remember that the Arab countries have terrorized, persecuted and expelled over a million Jewish families and confiscated all their assets, including over 120,000 square km. of land valued in the trillions of dollars, and most of those expelled Jewish families were resettled in Greater Israel. The Arabs expelled the million Jewish families from their Arab countries (after living there for over 2400 years, a thousand years before Islam was created), the million expelled Jewish families from Arab countries were resettled in Israel and now they want to expel them again from their own historical ancestral land.
Let the Arabs from Israel relocate to the Jewish homes and land confiscated by the Arab countries.
YJ Draiman