web analytics
September 23, 2014 / 28 Elul, 5774
At a Glance
Blogs
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



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."


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.

SocialTwist Tell-a-Friend

UWI blog logo
Current Top Story
Jihad boy, age 13, poses with assault rifle in ISIS propaganda photo.
ISIS Urges Muslims Worldwide, ‘Kill A Disbeliever’
Latest Blogs Stories
Jordana

When I think back to one year ago it actually feels like a lifetime ago; I was truly another person.

eretz-israel-struck

To continue meriting the Promised Land, Jews must consider & always improve upon their own behavior.

Brit Milah

Though the Talmud doesn’t give instructions, Metzitza has always been done B’Peh – by oral suction.

Obama and Netanyahu in the Oval Office

ISIS and Hamas are cut from the same cloth. Obama should listen to Netanyahu.

Last night I attended the big festive celebration of ten years of Menachem Begin Heritage Center and Museum. Security was tight, almost like at a foreign airport, because both Prime Minister Binyamin Netanyahu and President Ruby Rivlin were to be there. And yes, they were and yes they spoke. Officially the evening was a tribute […]

Hamas’ tunnels were destroyed as were plans for their unparalleled terror attacks on Rosh Hashana.

Grandmaster Michael Adams talks about life as a professional chess player.

The Jewish Press stressed the possible ramifications of such a breach of Israeli political protocol

Why some countries are more economically successful than others? Tune in for the answer…

If not scared by God be scared by man; Hopefully ethics will integrate into lives for proper reasons

Smear campaigns by people with agendas other than justice do not faze him; He does what is right.

Countries like Turkey, Europe and even the US have proven fertile ground for recruiting terrorists

How many times have you heard anti-semites spew words like Israel are Nazis, or what you are doing to the Arabs is worse that what the Nazis did to the Jews?!…

My blog, Israpundit, was hacked, and I had to move to a new domain…

There’s much confusion about the definition of Daas Torah; simply put it means the wisdom of Torah.

We’ll never be able to negotiate a true, lasting peace with the Arabs.Their aim is our destruction.

More Articles from Rachel Avraham
Diversity in Israel

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

mahmoud abbas

Mahmoud Abbas tortured prisoners in PA custody and oppressed critical bloggers and journalists.

None of us support violence and we found out about the story in the media, just like every one else.

Why testify against ones boss or co-worker who engage in sexual harassment, if the case will most likely be dismissed anyway?

The Fatah-Hamas divide in itself should have killed the idea of a two-state for two peoples’ paradigm.

It is absolutely critical that religious Jewish girls have a support network throughout their IDF service.

Women of the Wall Vice Chair Batya Kallus serves as an adviser to Sikkuy, a signatory to the Haifa Declaration calling for the abolishing of the State of Israel.

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: