Abba Eban
United States is "occupied" territory - Not JerusalemWashington, D.C. is far more of an "occupied" capital than Jerusalem (Jerusalem has thousands of years of Jewish history and habitation). Europeans after creating new settlements, conquered an entire continent of North America, annihilated the natives, extracted its natural resources, kicked out the Mexicans and called it "America," claiming Washington as its capital. Over six hundred thousand people died in a war that prevented the South from seceding. As regards the rest of the world, Jerusalem is the oldest capital in the world, and it belongs to the Jewish people. The world does not recognize Jerusalem as the Jewish capital, because the world does not recognize the right of Jews to exist. Those liberal Jews in USA and Europe and elsewhere who pander to the non-Jews by endorsing views that deny or compromise the Jewish sovereignty over Greater Israel and hoping that they would be "acceptable" are deluding themselves. It did not help with Nazi Germany or in the past 2,500 years in the Diaspora and it will not help today.
YJ Draiman
Link to 1925 Waqf Temple Mount Guide noting that the First and Second Jewish Temples were located on the Temple MountFor Jews, the Temple Mount is the holiest place in the world. The Jewish connection to Jerusalem and the Temple Mount originates in the biblical narrative, as it is said to be the location of the binding of Isaac.[2] The Talmud, Judaism's supreme canonical text, says that the foundation stone on the Temple Mount is the location from which the world was created.[3] In Samuel II 24:18-25, King David bought the bedrock for the Temple from Araunah the Jebusite. Subsequently, Solomon, David's son, used the bedrock to build the First Temple.[4] Solomon's Temple was eventually destroyed by Nebuchadnezzar II of Babylon in 586 BCE.
Link to 1925 Waqf Temple Mount Guide noting that the First and Second Jewish Temples were located on the Temple Mount
For Jews, the Temple Mount is the holiest place in the world.
Following the destruction of Jerusalem and Solomon's Temple, many Jews were sent into exile. However, under the Persian King Cyrus, the Jews were allowed to return and began to rebuild the Temple. The Second Temple was completed in 516 BCE and expanded by King Herod in 19 BCE. In 70 CE, the Roman Empire, led by Emperor Titus, laid siege to Jerusalem and destroyed the Second Temple. Jews have maintained an unbreakable connection to Jerusalem, and the Temple Mount since that time.
Today, Jews follow a number of different customs in remembrance of their fallen Temple. When Jews pray, they pray toward Jerusalem. Within the daily liturgy, there are numerous calls for the rebuilding of Jerusalem and the Temple. During the week, after meals, Jews recite a grace, which includes the recitation of Psalm 137 ("If I forget thee, O Jerusalem…").[5] At the end of a wedding ceremony, the groom breaks a glass, which signifies the Jewish people's continued mourning over the Temple's destruction. In addition, many have the custom of leaving a wall in their home unfinished in remembrance of the destruction. All of these customs play a significant part in the Jewish connection to Jerusalem and the Temple Mount, which former Israeli Prime Minister Ehud Olmert stated "represents the purist expression of all that Jews prayed for, dreamed of, cried for, and died for in the two thousand years since the destruction of the Second Temple."[6] In addition to the customs and ideology, the Jewish connection to the Land of Israel and Jerusalem is internationally recognized.[7]
ISLAMIC LITERATURE AND THE TEMPLE MOUNT
Classic Islamic literature also recognizes the existence of a Jewish Temple and its importance to Judaism. This makes Palestinian Temple Denial all the more puzzling.
In Sura 17:1 of the Koran, the "Farthest Mosque" is called the al-masjid al-Aqsa. The Tafsir al-Jalalayn,[8] a well-respected Sunni exegesis of the Koran from the 15th and 16th centuries, notes that the "Farthest Mosque" is a reference to the Bayt al-Maqdis of Jerusalem.[9] In Hebrew, the Jewish Temple is often referred to as the Beyt Ha-Miqdash, nearly identical to the Arabic term. In the commentary of Abdullah Ibn Omar al-Baydawi, who authored several prominent theological works in the 13th century, the masjid is referred to as the Bayt al-Maqdis because during Muhammad's time no mosque existed in Jerusalem.[10] Koranic historian and commentator, Abu Jafar Muhammad al-Tabari, who chronicled the seventh century Muslim conquest of Jerusalem, wrote that one day when Umar finished praying, he went to the place where "the Romans buried the Temple [bayt al-maqdis] at the time of the sons of Israel."[11] In addition, eleventh century historian Muhammad Ibn Ahmad al-Maqdisi and fourteenth century Iranian religious scholar Hamdallah al-Mustawfi acknowledged that the al-Aqsa Mosque was built on top of Solomon's Temple.[12]
This is a small sample of the Islamic literature attesting to the Jewish connection to the Temple Mount. Innumerable other writings from other faiths attest to this fact, as well.
Link to 1925 Waqf Temple Mount Guide noting that the First and Second Jewish Temples were located on the Temple Mount
http://www.templeinstitute.org/1925-wakf-temple-mount-guide.pdfFor Jews, the Temple Mount is the holiest place in the world.
Following the destruction of Jerusalem and Solomon's Temple, many Jews were sent into exile. However, under the Persian King Cyrus, the Jews were allowed to return and began to rebuild the Temple. The Second Temple was completed in 516 BCE and expanded by King Herod in 19 BCE. In 70 CE, the Roman Empire, led by Emperor Titus, laid siege to Jerusalem and destroyed the Second Temple. Jews have maintained an unbreakable connection to Jerusalem, and the Temple Mount since that time.
Today, Jews follow a number of different customs in remembrance of their fallen Temple. When Jews pray, they pray toward Jerusalem. Within the daily liturgy, there are numerous calls for the rebuilding of Jerusalem and the Temple. During the week, after meals, Jews recite a grace, which includes the recitation of Psalm 137 ("If I forget thee, O Jerusalem…").[5] At the end of a wedding ceremony, the groom breaks a glass, which signifies the Jewish people's continued mourning over the Temple's destruction. In addition, many have the custom of leaving a wall in their home unfinished in remembrance of the destruction. All of these customs play a significant part in the Jewish connection to Jerusalem and the Temple Mount, which former Israeli Prime Minister Ehud Olmert stated "represents the purist expression of all that Jews prayed for, dreamed of, cried for, and died for in the two thousand years since the destruction of the Second Temple."[6] In addition to the customs and ideology, the Jewish connection to the Land of Israel and Jerusalem is internationally recognized.[7]
ISLAMIC LITERATURE AND THE TEMPLE MOUNT
Classic Islamic literature also recognizes the existence of a Jewish Temple and its importance to Judaism. This makes Palestinian Temple Denial all the more puzzling.
In Sura 17:1 of the Koran, the "Farthest Mosque" is called the al-masjid al-Aqsa. The Tafsir al-Jalalayn,[8] a well-respected Sunni exegesis of the Koran from the 15th and 16th centuries, notes that the "Farthest Mosque" is a reference to the Bayt al-Maqdis of Jerusalem.[9] In Hebrew, the Jewish Temple is often referred to as the Beyt Ha-Miqdash, nearly identical to the Arabic term. In the commentary of Abdullah Ibn Omar al-Baydawi, who authored several prominent theological works in the 13th century, the masjid is referred to as the Bayt al-Maqdis because during Muhammad's time no mosque existed in Jerusalem.[10] Koranic historian and commentator, Abu Jafar Muhammad al-Tabari, who chronicled the seventh century Muslim conquest of Jerusalem, wrote that one day when Umar finished praying, he went to the place where "the Romans buried the Temple [bayt al-maqdis] at the time of the sons of Israel."[11] In addition, eleventh century historian Muhammad Ibn Ahmad al-Maqdisi and fourteenth century Iranian religious scholar Hamdallah al-Mustawfi acknowledged that the al-Aqsa Mosque was built on top of Solomon's Temple.[12]
This is a small sample of the Islamic literature attesting to the Jewish connection to the Temple Mount. Innumerable other writings from other faiths attest to this fact, as well.
Link to 1925 Waqf Temple Mount Guide noting that the First and Second Jewish Temples were located on the Temple Mount
http://www.templeinstitute.org/1925-wakf-temple-mount-guide.pdfOver a million Jewish people and their children were expelled from Arab countries and their assets confiscatedIt is interesting to note, that Jordan is a country that never existed in history before WWI and nobody is contesting its legitimacy or territorial sovereignty and control. The same powers that established 21 Arab States plus Jordan after WWI, established the State of Israel based on the Balfour Declaration and the San Remo Treaty of 1920 which was confirmed by the 1920 Treaty of Sevres and Lausanne.
On the other hand, Israel and its Jewish people have over 4,000 years of history.
Many nations and people are questioning Israel's control of its liberated territory. No one is mentioning that the Arab countries had ejected about a million Jewish people and their children from their countries, confiscated their assets, businesses, homes and Real estate, over 650,00 Jewish people and their children of these expelled Jewish people were resettled in Greater Israel. The Land the Arab countries confiscated from the Jewish people 120,400 sq. km. or 75,000 sq. miles, which is over 5-6 times the size of Israel, and its value today is the trillions of dollars.
Transfer the Arab-Palestinians to the Jewish owned land in Arab countries is a good solution.
Let the 21 Arab countries resettle the Arab Palestinians in the land they confiscated from the Jews which is 5-6 times the size of Israel (120,440 sq. km.). Provide them with funds they confiscated from the million Jewish people they expelled and let them build an economy, This will benefit both the Arab-Palestinians and the hosting countries, The other alternative is relocate the Arab-Palestinians to Jordan, (originally land allocated for the Jewish people) which is already 80% Arab-Palestinians, and give them funds to relocate and build an economy. This will solve the Arab-Palestinians refugee problem once and for all. It will also reduce hostility and strife in the region.
Jerusalem Temple Mount Guide 1925Click here for the 1925 Temple Mount Guide
http://www.raptureforums.com/IsraelMiddleEast/guide.pdfOne of the most disturbing end times propaganda being promoted today is the absurd notion that the Jews never had a presence on the famous Temple Mount area in Jerusalem. Anyone who is knowledgeable about history and aware of the recent archaeological discoveries on the Temple Mount area over the years knows that the propaganda being perpetuated by the Islamics, United Nations, and other ungodly organizations is simply a political ploy to deny the Jews their historical capital of Jerusalem and the sacred Temple Mount area. The Temple Mount area is the holiest place in Judaism and the remnants of the Second Temple area visible in the form of the "Wailing Wall" where religious Jews flock from around the world in order to pray near the site of the First and Second Temples.
Some of the outstanding quotes from the official Temple Mount Guide are as follows:
"The site is one of the oldest in the world. Its sanctity dates from the earliest times. Its identity with the site of Solomon's Temple is beyond dispute. This, too, is the spot, according to universal belief, on which David built there an altar unto the Lord, and offered burnt offerings and peace offerings" (2 Samuel 24:25).
How many holidays do the Arabs celebrate due to historical events in the land of ancient Israel.
The Jewish people celebrate most of their holidays and fast days in memory of and the goal and aspiration to return to Israel and rebuild the Temple in Jerusalem - where it was before it was destroyed and desecrated by the enemies of the Jews. Many of the Jewish prayers for thousands of years recite the love of Israel and the Jewish aspirations to return to their ancestral land and bring back its glory and holiness. At Jewish wedding they break a glass in memory of Jerusalem and the destruction of the temple, with the prayer and aspiration to rebuild the Jewish temple.
YJ Draiman
Jerusalem the Eternal Capital of the Jewish People
The Jews have only Jerusalem, and only the Jews have made it their capital.
That is why it has so much deeper a meaning for them (the Jews) than for anybody else.
Jerusalem throughout its long and turbulent history, Jerusalem, more than any other city, has evoked the emotions, aspirations, yearnings and religious fervor of civilized Jewish mankind. Yet this homage of the world cannot overshadow the consuming and single-minded passion of one particular attachment: that of the Jewish people. For that people, as no other, Jerusalem is not just its one and only religious center and source of spiritual life; from time immemorial it has been and, still is, the very heart and core of the people - the tangible embodiment of its nationhood, the lodestar in its wanderings, the theme of its prayers each day, the fulfillment of its dreams for the Return unto Zion and indeed the cornerstone of its continuity.
Many thousand of years ago, it was in Jerusalem that the priests would offer up daily sacrifices in the Temple on Mount Moriah. It was there in the Temple that the Sanhedrin, the great court of 71 Jewish sages, would sit in judgement. And three times a year on the harvest holy-days of Passover, Pentecost and Tabernacles, the entire Jewish nation would make a pilgrimage to Jerusalem. It is in the direction of Jerusalem that Jews face when they pray three times daily.
The Jewish prayers themselves contain numerous references to Jerusalem and Zion. In the Amidah, the Silent Devotion, God is praised as the Builder of Jerusalem. In many other places the prayers echo the messianic belief that God will restore the Jewish people to His holy city. On Passover and the Day of Atonement Jews conclude services with the fervent hope: "Next year may we be in Jerusalem!"
The Jewish connection to Jerusalem harks back to Biblical times. Jacob, encountering the site where the Temple would stand centuries later said: "How awe-inspiring is this place! It is the House of God! It is the gate to heaven!" (Gen. 28:17). Jerusalem was "the site that the Lord your God will choose from among all your tribes, as a place established in His name. It is there that you shall go to seek His presence" (Deut. 12:3).
Jerusalem began to fulfill the function of a spiritual and national capital when King David conquered the city in the 10th century BCE. He made it his seat of judgment and brought the Ark of the Covenant to rest there. It was also David who conceived the idea of building a permanent house of God, a Temple, a plan eventually fulfilled by his son Solomon. DESTRUCTION & REBIRTH The story of the Jewish people and Jerusalem has been one of exile, destruction and rebirth.
Jerusalem in its 3000 years of history the city was destroyed 17 times and 18 times reborn.
There always remained a Jewish presence in the city of Jerusalem, and the Jewish people as a whole always dream't of returning en mass to Jerusalem and rebuilding their city.
When the Babylonians destroyed the city in 586 BCE, the Jewish exiles pledged that they would never forget their beloved Jerusalem: "By the rivers of Babylon, there we sat down, and we wept, when we remembered Zion. Upon the willows in its midst we hanged up our harps. For there they that led us captive asked of us words of song, and our tormentors asked of us in mirth: 'Sing us one of the songs of Zion.' How shall we sing the Lord's song in a foreign land? If I forget thee, O Jerusalem, let my right hand wither. Let my tongue cleave to the roof of my mouth, if I remember thee not; if I set not Jerusalem above my chiefest joy" (Psalms 137:1-6).
The Jewish exiles did not forget their beloved city of Jerusalem. They were to return there and rebuild the Temple under the guidance of Ezra and Nehemiah. When the Seleucids took control over the Land of Israel and placed Greek idols in the Temple, the Jewish Maccabees revolted. They succeeded in recapturing Jerusalem and re-dedicating the Temple in 165 BCE. The Romans destroyed the Temple in 70 CE. When the Emperor Hadrian began planning to replace it with a shrine to Jupiter, a Jewish revolt known as the Bar Kochba Rebellion broke out.
For the last 2000 years, on the 9th day of the Hebrew month of Av, Jews everywhere have commemorated the destruction of their city and Temple with a 25-hour fast. They sit on low stools in their synagogues and recite Jeremiah's Lamentations. They recite elegies for the city which is "scorned without her glory".
During the periods of exile Jews throughout the world would be linked as they prayed together in their Hebrew tongue all facing in the same direction, maintaining their affinity with their eternal Jerusalem. Today Jerusalem flourishes once again as the heart and soul of Judaism. It boasts a full range of rebuilt and new synagogues, Talmudic academies and institutes of Jewish research. It is home to the Chief Rabbinate of Israel which administers the life cycle events of the nation's Jewish citizens. All varieties of Judaism are represented there. Nowhere else is the spiritual element of the Jewish people so visible as in this "place that the Lord has chosen".
Jerusalem the Jewish NATIONAL CAPITAL; Jerusalem was never the capital city of any of its conquerors.
Jerusalem: Israel's Eternal CapitalHow many holidays do the Arabs celebrate due to historical events in the land of ancient Israel. The Jewish people celebrate most of their holidays and fast days in memory of and the goal and aspiration to return to Israel and rebuild the Temple in Jerusalem - where it was before it was destroyed and desecrated by the enemies of the Jews. Many of the Jewish prayers for thousands of years recite the love of Israel and the Jewish aspirations to return to their ancestral land and bring back its glory and holiness.
IF I FORGET THEE JERUSALEMIf I forget thee, O Jerusalem,
Let my right hand forget her cunning.
Let my tongue cleave to the roof of my mouth,
If I remember thee not;
If I set not Jerusalem
above my chiefest joy.
(Against) who said:
'Raze it, raze it, even to its very foundation.'
Since 1004 BCE, when King David established Jerusalem as the capital of his kingdom, there has been a continuous Jewish presence in Jerusalem, the holiest city in Judaism.
Jerusalem, Judaism's holiest city, is mentioned hundreds of times in the Hebrew Bible. It was the capital city of ancient Jewish kingdoms and home to Judaism's holiest Temple (Beit HaMikdash). Jews from all over the ancient world would make pilgrimages to the Beit HaMikdash three times a year to participate in worship and festivities, as commanded in the Torah. Jerusalem and the Beit HaMikdash have remained the focus of Jewish longing, aspiration, and prayers. Daily prayers (said while facing Jerusalem and the Temple Mount) and grace after meals include multiple supplications for the restoration of Jerusalem and the Beit HaMikdash. Jews still maintain the 9th day of the Hebrew month of Av, the date on which both the First and Second Temples were destroyed, as a day of mourning. The Jewish wedding ceremony concludes with the chanting of the biblical phrase, "If I forget thee, O Jerusalem, let my right hand forget its cunning," and the breaking of a glass by the groom to commemorate the destruction of the Temples. And Yom Kippur services and the Passover Seder conclude each year with the phrase "Next Year in Jerusalem."
The Temple Mount is the holiest site in Judaism. The Temple was built, according to Jewish tradition, on the Even Hashtiya, the foundation stone upon which the world was created. This is considered the epicenter of Judaism, where the Divine Presence (Shechina) rests, where the biblical Isaac was brought for sacrifice, where the Holy of Holies and Ark of the Covenant housing the Ten Commandments once stood, and where the Temple was again rebuilt in 515 BCE before being destroyed by the Romans in 70 CE. The Temple Mount is also known as Mount Moriah (Har HaMoriah), mentioned frequently in the Bible.
The Western Wall (Kotel Hama'aravi, known simply as the Wall or Kotel) is the remnant of the outer retaining wall built by Herod to level the ground and expand the area housing the Second Jewish Temple. Its holiness derives from its proximity to the Temple site and specifically its proximity to the Western Wall of the Temple's Holy of Holies (Kodesh Hakodashim---the inner sanctuary that housed the Ark of the Covenant–the Aron HaBrit–and where the High Priest–Kohen Gadol--alone was permitted to enter on Yom Kippur). According to Midrashic sources, the Divine Presence never departed from the Western wall of the Temple's Holy of Holies. For the last several hundred years, Jews have prayed at Herod's Western Wall because it was the closest accessible place to Judaism's holiest site.
YJ Draiman
Defending Israel's Legal Rights to JerusalemThe author of this chapter argues that while Israel has legal rights to retain a united Jerusalem as its capital, there is a sense that its claim is being challenged more than ever. He further argues that in addition to the historical rights of the Jewish people to Jerusalem that were voiced in the 19th century, there is a whole new layer of legal rights that Israel acquired in modern times that need to be fully elaborated upon.
Download:
Author:
Dore Gold
Publication:
Israel's Rights as a Nation-State in International DiplomacySchwebel wrote his article, which was entitled "What Weight to Conquest," in response to a statement by then Secretary of State William Rogers that Israel was only entitled to "insubstantial alterations" in the pre-1967 lines. The Nixon administration had also hardened U.S. policy on Jerusalem as reacted in its statements and voting patterns in the UN Security Council. Schwebel strongly disagreed with this approach: he wrote that the pre-war lines were not sacrosanct, for the 1967 lines were not an international border. Formally, they were only armistice lines from 1949. As he noted, the armistice agreement itself did not preclude the territorial claims of the parties beyond those lines. Significantly, he explained that when territories are captured in a war, the circumstances surrounding the outbreak of the conflict directly affect the legal rights of the two sides, upon its termination.
Two facts from 1967 stood out that influenced his thinking:
First, Israel had acted in the Six-Day War in the lawful exercise of its right of self-defense. Those familiar with the events that led to its outbreak recall that Egypt was the party responsible for the initiation of hostilities, through a series of steps that included the closure of the Straits of Tiran to Israeli shipping and the proclamation of a blockade on Eilat, an act that Foreign Minister Abba Eban would characterize as the ring of the first shot of the war. Along Israel's eastern front, Jordan's artillery had opened fire and re-pounding civilian neighborhoods in Jerusalem, despite repeated warnings issued by Israel.
Given this background, Israel had not captured territory as a result of aggression, but rather because it had come under armed attack. In fact, the Soviet Union had tried to have Israel labeled as the aggressor in the UN Security Council on June 14, 1967, and then in the UN General Assembly on July 4, 1967. But Moscow completely failed. At the Security Council it was outvoted 11-4. Meanwhile at the General Assembly, 88 states voted against or abstained on the first vote of a proposed Soviet draft (only 32 states supported it). It was patently clear to the majority of UN members that Israel had waged a defensive war.6
A second element in Schwebel's thinking was the fact Jordan's claim to legal title over the territories it had lost to Israel in the Six-Day War was very problematic. The Jordanian invasion of the West Bank - and Jerusalem - nineteen years earlier in 1948 had been unlawful. As a result, Jordan did not gain legal rights in the years that followed, given the legal principle, that Schwebel stressed, according to which no right can be born of an unlawful act (ex injuria jus non oritur). It should not have come as a surprise that Jordan's claim to sovereignty over the West Bank was not recognized by anyone, except for Pakistan and Britain. Even the British would not recognize the Jordanian claim in Jerusalem itself.
Thus, by comparing Jordan's illegal invasion of the West Bank to Israel's legal exercise of its right of self-defense, Schwebel concluded that "Israel has better title" in the territory of what once was the Palestine Mandate than either of the Arab states with which it had been at war. He specifically stated that Israel had better legal title to "the whole of Jerusalem."Schwebel makes reference to UN Security Council Resolution 242 from November 22, 1967, which over the years would become the main source for all of Israel's peace e orts, from the 1979 Egyptian Israeli Treaty of Peace to the 1993 Oslo Accords. In its famous withdrawal clause, Resolution 242 did not call for a full withdrawal of Israeli forces from all the territories it captured in the Six-Day War. ere was no e ort to re-establish the status quo ante, which, as noted earlier, was the product of a previous act of aggression by Arab armies in 1948.
As the U.S. ambassador to the UN in 1967, Arthur Goldberg, pointed out in 1980, Resolution 242 did not even mention Jerusalem "and this omission was deliberate." Goldberg made the point, reacting the policy of the Johnson administration for whom he served, that he never described Jerusalem as "occupied territory," though this changed under President Nixon.7 What Goldberg wrote about Resolution 242 had added weight, given the fact that he previously had served as a Justice on the U.S. Supreme Court.
Indeed, among the leading jurists in international law and diplomacy, Schwebel was clearly not alone. He was joined by Julius Stone, the great Australian legal scholar, who reached the same conclusions. He added that UN General Assembly Resolution 181 from 1947 (also known as the Partition Plan) did not undermine Israel's subsequent claims in Jerusalem. True, Resolution 181 envisioned that Jerusalem and its environs would become a corpus separatum, or a separate international entity. But Resolution 181 was only a recommendation of the General Assembly. It was rejected by the Arab states forcibly, who invaded the nascent State of Israel in 1948.
Ultimately, the UN's corpus separatum never came into being in any case. The UN did not protect the Jewish population of Jerusalem from invading Arab armies. Given this history, it was not surprising that Israel's first prime minister, David Ben-Gurion, announced on December 3, 1949, that Revolution 181's references to Jerusalem were "null and void," thereby anticipating Stone's legal analysis years later.8
There was also Prof. Elihu Lauterpacht of Cambridge University, who for a time served as legal advisor of Australia and as a judge ad hoc of the International Court of Justice in The Hague.
Lauterpacht argued that Israel's reunification of Jerusalem in 1967 was legally valid. 9 He explained that the last state which had sovereignty over Jerusalem was the Ottoman Empire, which ruled it from 1517 to 1917.After the First World War, the Ottoman Empire formally renounced its sovereignty over Jerusalem as well as all its former territories south of what became modern Turkey in the Treaty of Sevres from 1920. is renunciation was confirmed by the Turkish Republic as well in the Treaty of Lausanne of 1923. According to Lauterpacht, the rights of sovereignty in Jerusalem were vested with the Principal Allied and Associated Powers,which transferred them to the League of Nations.
But with the dissolution of the League of Nations, the British withdrawal from Mandatory Palestine, and the failure of the UN to create a corpus separatum or a special international regime for Jerusalem, as had been intended according to the 1947 Partition Plan, Lauterpacht concluded
that sovereignty had been put in suspense or in abeyance. In other words, by 1948 there was what he called "a vacancy of sovereignty" in Jerusalem.
It might be asked if the acceptance by the pre-state Jewish Agency of Resolution 181 constituted a conscious renunciation of Jewish claims to Jerusalem back in 1947. However, according to the resolution, the duration of the special international regime for Jerusalem would be "in the first instance for a period of ten years." The resolution envisioned a referendum of the residents of the city at that point in which they would express "their wishes as to possible modifications of the regime of the city."10
The Jewish leadership interpreted the corpus separatum as an interim arrangement that could be replaced. They believed that Jewish residents could opt for citizenship in the Jewish state in the meantime. Moreover, they hoped that the referendum would lead to the corpus seperatum being joined to the State of Israel after ten years. 11Who then could acquire sovereign rights in Jerusalem given the "vacancy of sovereignty" that Lauterpacht described? Certainly, the UN could not assume a role, given what happened to Resolution 181. Lauterpacht's answer was that Israel filled "the vacancy in sovereignty" in areas where the Israel Defense Forces had to operate in order to save Jerusalem's Jewish population from destruction or ethnic cleansing. The same principle applied again in 1967, when Jordanian forces opened fire on Israeli neighborhoods and the Israel Defense Forces entered the eastern parts of Jerusalem, including its Old City, in self-defense.A fourth legal authority to contribute to this debate over
the legal rights of Israel was Prof. Eugene Rostow, the former dean of Yale Law School and Undersecretary of State for Political Affairs in the Johnson administration. Rostow's point of departure for analyzing the issue of Israel's rights was that the Mandate for Palestine, which specifically referred to "the historic connection of the Jewish people with Palestine" providing "the grounds for reconstituting their national home in that country."These rights applied to Jerusalem as well, for the Mandate did not separate Jerusalem from the other territory that was to become part of the Jewish national home.Rostow contrasts the other League of Nations mandates with the mandate for Palestine. Whereas the mandates for Iraq, Syria, and Lebanon served as trusts for the indigenous populations,
the language of the Palestine Mandate was entirely different. It supported the national rights of the Jewish people while protecting only the civil and religious rights of the non-Jewish communities in British Mandatory Palestine.12
It should be added that the Palestine Mandate was a legal instrument in the form of a binding international treaty between the League of Nations, on the one hand, and Britain as the mandatory power, on the other.Rostow argued that the mandate was not terminated in 1947. He explained that Jewish legal rights to a national home in this territory, which were embedded in British Mandatory Palestine, survived the dissolution of the League of Nations and were preserved by the United Nations in Article 80 of the UN Charter.13 Clearly, after considering Rostow's arguments, Israel was well-positioned to assert its rights in Jerusalem and fill "the vacancy of sovereignty" that Lauterpacht had described.Publisher:
Jerusalem Center for Public Affairs (JCPA), Israel
The U.N. cannot create states, it can only recommend and so can other nations only recommend and not create a state that never existed before in history. If they want an Arab-Palestinian state, it already exists, it is Jordan which has taken 80% of Jewish allocated land.
The U.N. cannot create states, it can only recommend and so can other nations only recommend and not create a state that never existed before in history. If they want an Arab-Palestinian state, it already exists, it is Jordan which has taken 80% of Jewish allocated land.
In 1947, the UN Gen. Assembly passed Resolution 181 recommending the partition of Palestine. This did not create the State of Israel. The General Assembly does not create countries, make laws, or alter the Mandates (Mandates were a big brother system for setting up independent countries to be led by its native populations, with historic national connections to the territories). The Partition plan, was merely a recommendation.
The resolution also violated Article 5 of the Mandate for Palestine and therefore it also violated Article 80 of the UN Charter. It was therefore an illegal resolution.
What we call the State of Israel, along with her "legal" borders, was established in April 1920 with the San Remo Resolution of 1920 confirmed by the 1920 Treaty of Sevres and Lausanne. Palestine was created for the first time in history as a country. It was created as the reconstitution of the Jewish National Home. The Partition Plan in 1947 was the result of a 1/4 century of illegal British policy (The English were a trustee for the Jewish people, but they violated that trust. the British wanted to control the Oil in the Middle East, for that they betrayed the Jewish people) that ripped internationally protected Jewish rights from the Jewish People, as the British allowed hundreds of thousands of Arabs to pour across the border from Syria and Egypt into Palestine.
The Jewish State's reconstitution was a fact 25 years before the UN existed. The Mandate was there to protect its survival, and it was terminated, not because the terms were completed, but because the British fled with their tails between their legs, and there was no one there to administer the Mandate.
Does anyone think that after the Ottoman Empire surrendered and relinquished its rights title and ownership to Palestine and other territories to the Allied powers after WWI and the Allied powers set up and established 21 Arab States and one Jewish State. The 21 Arab State do not want to relinquish or redraw its boundaries and Israel does not want to concede any of its original boundaries set up in 1920 which included the Palestine Mandate. Non of the Palestinian Mandate was allocated to the Arabs in the 1920 San Remo Treaty.
The U.N. and the other countries must take into account and address the persecution and expulsion of over a million Jewish families from the Arab countries and the confiscation of homes and land owned by Jewish people in the Arab countries, totaling 120,000 sq. km. (6 times the size of Israel) valued in the trillions of dollars and other personal assets confiscated by the Arabs countries totaling over 990 billion dollars.
The Jewish people resettled the million Jewish refugees from the Arab countries. It is about time the Arab countries who persecuted and expelled the million Jewish families and confiscated their homes, land and assets, must settle the Arab-Palestinian refugees once and for all without compromising Israel and bring about peace and tranquility to the region.
Neither the U.N. nor any Country in the world has the authority to create a state or dissolve a state, (check the U.N. charter and international law.)
Israel must be steadfast in protecting its rights and its people
Many nations and people are questioning Israel's control of its liberated territory.
No one is mentioning that the Arab countries had ejected about a million Jewish people and their children from their countries, confiscated their assets, businesses, homes and Real estate. Many of the Jews ejected from Arab countries died while their forced departure from Arab countries, due to hardship, famine and starvation. 670,00 Jewish people and their children of these expelled Jewish people and their children were resettled in Greater Israel. The Land the Arab countries confiscated from the Jewish people 120,440 sq. km. or 75,000 sq. miles, which is over 5-6 times the size of Israel, and its value today is the trillions of dollars.
The Jewish people and their children during the over 2,400 years living in Arab countries have suffered Pogroms, Libel claims, beheading's, beatings, false imprisonment and extreme hardship as a second class citizens. They had their businesses and homes pillaged, their wives and daughters raped, sold them as slaves, their houses of worship pillaged and burned, forced conversion to Islam.
Today over half of Israel's population are the Jewish families expelled from Arab countries and their children and grandchildren.
The Audacity of the Arab countries in demanding territory from the Jewish people in Palestine after they ejected over a million Jewish people and their children who have lived in Arab land for over 2,400 years and after they confiscated all their assets and Real estate 5-6 times the size of Israel (120,440 sq. km. - 75,000 sq. mi.), valued in the trillions of dollars.
Now the Arab nations are demanding more land and more compensation.
The Arab countries have chased the million Jewish families and their children and now they want to chase them away again, from their own historical land.
Israel must respond with extreme force to any violent demonstration and terror. Israel's population must have peace and tranquility without intimidation by anyone.
The Jewish people have suffered enough in the Diaspora for the past 2,500 years. It is time for the Jewish people to live as free people in their own land without violence and terror.
It is time to consider that the only alternative is a population transfer of the Arab-Palestinians to the territories the Arab countries confiscated from the Jewish people and settle this dispute once and for all. Many Arab leaders had suggested these solutions over the years.
YJ Draiman
