web analytics
July 5, 2015 / 18 Tammuz, 5775
At a Glance
Blogs
Sponsored Post


By the Law Among Nations, Jerusalem Belongs to Us

Jordan’s annexation of the East Jerusalem was never recognized by the international community.
Rabbi Shlomo Goren blowing the Shofar near the Western Wall in June 1967.

Rabbi Shlomo Goren blowing the Shofar near the Western Wall in June 1967.
Photo Credit: David Rubinger

Contrary to the claims made by Palestinian leaders, various NGOs, and certain members of the international community, international law fully recognizes the Jewish people’s claim to Jerusalem, where they have historical roots dating back over 3,000 years and have been the largest ethnic group in the city since 1820.

Ernst Frankenstein, a British authority on international law said, for example, that the Jewish people have a right to their ancestral homeland and ancient capital city in Jerusalem based on the fact that the Jewish people never relinquished their historic claims to the area.

Furthermore, Frankenstein claimed that Roman, Byzantine, and other successors lacked a “continuous and undisturbed presence” in Israel that would dispossess the Jewish claim to the land. In fact, the Ottoman Turks, who owned the Land of Israel prior to WWI and the British Mandate, renounced their claim to all of the land of Israel in the Treaty of Lausanne in 1923When the Balfour Declaration was drafted there was no Palestinian “nation.” In 1919, Palestine was a sparsely populated land where Lord Balfour claimed that only 700,000 Arabs lived, of whom a large number migrated within recent history.

In contrast, there were far more Jews in the world in need of a homeland in 1919 than there were Arab residents in Israel and there existed a significant Jewish minority that continued to live in Israel. As the Blackstone Memorial, signed by Chief Justice of the U.S. Supreme Court Melville Fuller, proclaimed in 1891, Israel, which included Jerusalem, is the “inalienable possession” of the Jewish people “from where they were expelled by force.”

The Balfour Declaration was drafted with the goal of establishing a Jewish national home in the Land of Israel. The “civil and religious” rights of the Arabs were to be respected, yet politically, the country was supposed to belong to the Jews. The Balfour Declaration was ingrained into international law at the San Remo Conference. Through San Remo, “The Jewish people have been given the right to establish a home, based on the recognition of their historical connection and the grounds for reconstituting this national home,” Jacques Gauthier, an expert on international law, had explained.

Thus, the Palestine Mandate, which included a united Jerusalem was established with the goal of guiding “towards independence and self-governance those races, peoples or communities who for various reasons are not yet able to stand alone” – in this case the Jewish people – according to J. Stoyanovsky writing in The Mandate for Palestine. Around the same period of time, the international community discussed setting up mandates to assist other nations in similar situations, such as the Armenians, although in their case it wasn’t implemented.

Contrary to Palestinian claims, none of the resolutions passed since the San Remo Conference renounce the Jewish claim to a united Jerusalem. U.N. Resolution 181, although it called for Jerusalem to be an international city, never held any force under international law and it was rejected by the Arab side. Furthermore, the resolution states that a referendum was to be held after 10 years to determine changes to the city’s status; since Jerusalem had a Jewish majority, it was expected that a united Jerusalem was to become a part of Israel after 10 years. Furthermore, U.N. Security Resolution 242, of which all peace negotiations are based on, deliberately makes no mention of Jerusalem and does not call upon Israel to withdraw from all of the territories it captured in 1967. And finally, when Jordan controlled east Jerusalem, Jordan’s annexation of the area was never recognized by the international community; and since that date, Jordan has relinquished all of her claims to Jerusalem.

Thus, Israel has the strongest claim to Jerusalem according to international law.

Visit United with Israel.

About the Author: Rachel Avraham is a news editor and political analyst for Jerusalem Online News, the English language internet edition of Israel's Channel 2 News. She completed her masters degree in Middle Eastern Studies at Ben-Gurion University. The subject of her MA thesis was: "Women and Jihad: Debating Palestinian Female Suicide Bombings in the American, Israeli and Arab media."

The author's opinion does not necessarily reflect the opinion of The Jewish Press.

If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

2 Responses to “By the Law Among Nations, Jerusalem Belongs to Us”

  1. Philip Moran says:

    Do Bibi and Peres know this? They act as if they don't.

  2. Let me add from the San Remo Treaty and the Mandate for Palestine.

    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.

Comments are closed.

UWI blog logo
Current Top Story
Secretary of State Hillary Clinton with Prime Minister Netanyahu in 2012.
Hillary Clinton Says She Will Be Better Friend than Obama to Israel
Latest Blogs Stories
Many Moments with Jerusalem's Jordana!

Moving to Israel seems crazy but this week’s my first “aliyaversary,” my Aliyah anniversary! WOW!

Malachi Rosenfeld HY"D

Israel & world Jewry are under attack and in grave danger but UN’s focus is denouncing Israel

Doug Goldstein

What is human chess? How easy is it to predict the actions of others?

Rethink UN bias against Israel

It’s time to stand up against the bias & no longer accept the constant UN prejudice against Israel.

Malachi Moshe Rosenfeld, injured in a terror attack in Samaria, has died (HYD)

Allah is NOT merciful: Stabbing, beheading, shooting innocents is barbaric & cowardly acts of terror

How could the Jerusalem Post think the attack could have been other than a terrorist act?

Going to Mt of Olives cemetery was like visiting Jurassic Park in a jeep with dinosaurs rampaging

Hanan Porat z”l, teary-eyed said ” We returned to the Gush(Etzion)we shall return to the Gush(Katif)

“Mispachology”: Theory you share a common link with someone you’ve never met or been in contact with

It seems that Pres. Rivlin has joined all other so-called Right politicians and now is trending Left

Dear Muslims, Happy Ramadan. It’s clear from the news that your people are having a “bang-up” month

The President was right, every Jew should have a gun. He just asked the wrong person about it.

Everybody knows that during Ramadan Arab Muslim terror attacks increase.

UN says Hamas tried to warn us of rocket attacks? I was here. Not once did those…I want to scream

{Originally posted to the author’s website, Emes Ve-Emunah} The inevitable finally happened. Rabbi Avi Weiss has dispensed with his prior refusal to call his female ordainees ‘rabbis’.  I challenged him to stop dancing around that title with made up titles  (like Raba and Maharat) and he finally rose to the challenge. His motivation in not […]

More Articles from Rachel Avraham
1024px-Donna_Edwards_at_victory_rally,_February_13,_2008

Edwards is rated #4 by the Arab-American Institute for her pro-Palestine pro-Arab voting record.

saudi_lady_drivers_2013

A Saudi woman’s like a queen without a chauffeur, driven around by Saudi men whenever she commands

“Most of the Palestinians in Judea&Samaria are former Jews, converted by force by the Ottomans.”

Jewish communities worldwide commemorate Yehudit during Chanukah by eating dairy foods in her honor

In Jordan,Palestinians are discriminated in every field: education; healthcare; employment; business

Living is Israel is costlier than in other countries but how will your kids grow up in the diaspora?

Given these statistics, I feel that it is not worth it to live in the United States.

Pro-Israel groups must broaden their coalitions and feature more pro-Israel minority speakers.

Printed from: http://www.jewishpress.com/blogs/united-with-israel/by-the-law-among-nations-jerusalem-belongs-to-us/2013/05/08/

Scan this QR code to visit this page online: