Jerusalem Book

7/30/2019 Jerusalem Book

1/24

ONE NATIONS CAPITAL THROUGHOUT HISTORY

THE LEGAL ASPECTS OF JEWISH RIGHTS

ELI E. HERTZ


2/24

2

Copyright 2011 Myths and Facts, Inc. and Eli E. Hertz

All rights reserved. Parts o this publication may be reproduced with attribution ornoncommercial use and as citation. For all other purposes a prior written permission o

the publisher must be obtained.Published by: Myths and Facts, Inc. PO Box 941, Forest Hills, NY 11375

Myths and Facts, Inc. is a tax-exempt organization under section 501(c) (3) o theInternal Revenue Code (IRC) and all contributions to it are deductible as charitablecontributions.

Email Address: [email protected] | www.MythsAndFacts.org

Library o Congress Control Number: 2011900093ISBN 10: 0-9741804-4-0

Printed in the United States o America

Eli E. Hertz, Editor-in-Chie, Writer and Publisher

Mala Hertz, Assistant Editor

All quotes included in this document are taken verbatim rom the given source.


3/24

3

Excerpts

It is hardly exact to call Palestine the Land, or Jerusalem theCity, o the Jews to-day. But Palestine is the land o Judaism andits chie city is beyond doubt the worlds capital o this particularorm o religious belie.

In this City o the Jews, where the Jewish population outnumbersall others three to one, the Jew has ew rights that the Mohammedanor average Christian is bound to respect.

A HE WALL OF WAILING

A HE WALL OF WAILING

HE JEWS IN JERUSALEMby

Edwin S. Wallace, ormer U.S. Consul, ConstantinoplePublished by Cosmopolitan Magazine 1898


4/24

4


5/24

Jerusalem

5

able of Contents

Gates in Jerusalems Old City Walls ............................................... 2

Te Jews in Jerusalem by Edwin S. Wallace .................................. 3

Model o Jerusalems Second emple ............................................. 4

Introduction ....................................................................................... 6

Jerusalems Jewish Link: Historic, Religious, Political ................. 7Islams enuous Connection to Jerusalem ..................................... 9

Jordans Shameul Record .............................................................. 11

Reunited Jerusalem ......................................................................... 12

Jerusalem was never an Arab City ................................................ 13

Te wo Jerusalems Myth .......................................................... 13

Destroying History ......................................................................... 14

Te Holy Places and Jerusalem ..................................................... 15

Internationalization o Jerusalem ................................................. 16

Te United Nations and Jerusalem ............................................... 18

UN Resolution 242 .......................................................................... 19

Palestinian error in the City o Peace ........................................ 20

Notes ................................................................................................. 22


6/24

Jerusalem

6

Introduction

Jerusalem and the Jewish people are so intertwined that tellingthe history o one is telling the history o the other. For more than3,000 years, Jerusalem has played a central role in the historyo the Jews, culturally, politically, and spiritually, a role rstdocumented in the Scriptures. All through the 2,000 years o thediaspora, Jews have called Jerusalem their ancestral home. Tissharply contrasts the relationship between Jerusalem and those

who inate Islams links to the city.

Te Arab rulers who controlled Jerusalem through the 1950sand 1960s demonstrated no religious tolerance in a city that gavebirth to two major Western religions. Tat changed aer the Six-Day War in 1967, when Israel regained control o the whole city.Symbolically, one o Israel's rst steps was to ocially recognizeand respect all religious interests in Jerusalem. But the war orcontrol o Jerusalem and its religious sites continues.

Palestinian Arab terrorism has targeted Jerusalem particularly inan attempt to gain control o the city rom Israel. Te result isthat they have turned Jerusalem, the City o Peace, into a bloodybattleground and have thus oreited their claim to share in thecitys destiny.

It is my hope that more people will be motivated to actively engage

in the deense o the legal stances o modern Zionism regardingJerusalem as the eternal capital o the Jewish people. Additionally,I hope that this pamphlet will encourage the reader to study thissubject more thoroughly.

Eli E. Hertz


7/24

Jerusalem

7

Jerusalems Jewish Link: Historic, Religious, Political

Jerusalem, wrote historian Martin Gilbert, is not a mere city. Itholds the central spiritual and physical place in the history o theJews as a people. 1

For more than 3,000 years, the Jewish people have looked toJerusalem as their spiritual, political, and historical capital, evenwhen they did not physically rule over the city. Troughout itslong history, Jerusalem has served, and still serves, as the political

capital o only one nation the one belonging to the Jews. Itsprominence in Jewish history began in 1004 BCE, when KingDavid declared the city the capital o the rst Jewish kingdom.Davids successor and son, King Solomon, built the First emplethere, according to the Bible, as a holy place to worship theAlmighty. Unortunately, history would not be kind to the Jewishpeople. Four hundred and ten years aer King Solomon completedconstruction o Jerusalem, the Babylonians (early ancestors totodays Iraqis) seized and destroyed the city, orcing the Jewsinto exile. 2

Fiy years later, the Jews, or Israelites as they were called, werepermitted to return aer Persia (present-day Iran) conqueredBabylon. Te Jews rst order o business was to reclaim Jerusalemas their capital and rebuild the Holy emple, recorded in historyas the Second emple.

Jerusalem was more than the Jewish kingdoms political capital it was a spiritual beacon. During the First and Second empleperiods, Jews throughout the kingdom would travel to Jerusalemthree times yearly or the pilgrimages o the Jewish holy days oSukkot, Passover, and Shavuot, until the Roman Empire destroyedthe Second emple in 70 CE and ended Jewish sovereignty overJerusalem or nearly 2,000 years. Despite that ate, Jews neverrelinquished their bond to Jerusalem or, or that matter, to EretzYisrael, the Land o Israel.

No matter where Jews lived throughout the world or those twomillennia, their thoughts and prayers were directed toward


8/24

Jerusalem

8

Jerusalem. Even today, whether in Israel, the United States or

elsewhere, Jewish ritual practice, holiday celebration and liecycleevents include recognition o Jerusalem as a core element o theJewish experience. Consider that:

JewsinprayeralwaysturntowardJerusalem.

Arks(thesacredchests)thatholdTorahscrollsinsynagoguesthroughout the world ace Jerusalem.3

JewsendPassoverSederseachyearwiththewords:Nextyear

in Jerusalem. Te same words are pronounced at the end oYom Kippur, the most solemn day o the Jewish year.

Athree-weekmoratoriumonweddingsinthesummerrecallsthe breaching o the walls o Jerusalem by the Babylonianarmy in 586 BCE. Tat period culminates in a special day omourning isha BAv (the 9th day o the Hebrew monthAv) commemorating the destruction o both the First and

Second emples. Jewishweddingceremoniesjoyousoccasionsaremarked

by sorrow over the loss o Jerusalem. Te groom recites abiblical verse rom the Babylonian Exile: I I orget thee, OJerusalem, let my right hand orget her cunning, 4 and breaksa glass in commemoration o the destruction o the emples.

Even body language, oen said to tell volumes about a person,

reects the importance o Jerusalem to Jews as a people and,arguably, the lower priority the city holds or Muslims:

When Jewspray they face Jerusalem; in Jerusalem Israelispray acing the emple Mount.

WhenMuslimspray,theyfaceMecca;inJerusalemMuslimspray with their backs to the city.

Evenatburial,aMuslimface,isturnedtowardMecca.


9/24

Jerusalem

9

Finally, consider the number o times Jerusalem is mentioned in

the two religions' holy books: eOldTestamentmentionsJerusalem349times. Zion,

another name or Jerusalem, is mentioned 108 times.5

eQurannevermentionsJerusalemnotevenonce.

Even when others controlled Jerusalem, Jews maintained a physicalpresence in the city, despite being persecuted and impoverished.Beore the advent o modern Zionism in the 1880s, Jews were

moved by a orm o religious Zionism to live in the Holy Land,settling particularly in our holy cities: Saed, iberias, Hebron,and most importantly Jerusalem. Consequently, Jews constituteda majority o the citys population or generations. In 1898, Inthis City o the Jews, where the Jewish population outnumbersall others three to one Jews constituted 75 percent 6 o theOld City population in what the ormer UN Secretary-GeneralKo Annan called East Jerusalem. In 1914, when the Ottoman

urks ruled the city, 45,000 Jews made up a majority o the 65,000residents. And at the time o Israeli statehood in 1948, 100,000Jews lived in the city, compared to only 65,000 Arabs. 7 Prior tounication, Jordanian-controlled East Jerusalem was a mere6 square kilometers, compared to 38 square kilometers on the

Jewish side.

Islams enuous Connection to Jerusalem

Despite 1,300 years o Muslim Arab rule, Jerusalem was never thecapital o an Arab entity. Oddly, the PLOs National Covenant,written in 1964, never mentioned Jerusalem. Only aer Israelregained control o the entire city did the PLO update itsCovenant to include Jerusalem.

Overall, the role o Jerusalem in Islam is best understood as theoutcome o political pressure impacting on religious belie.

Mohammed, who ounded Islam in 622 CE, was born and raisedin present-day Saudi Arabia; he never set foot in Jerusalem.His connection to the city came years aer his death when the


10/24

Jerusalem

10

Dome o the Rock shrine and the al-Aqsa mosque were built in

688 and 691, respectively, their construction spurred by politicaland religious rivalries. In 638 CE, the Caliph (or successorto Mohammed) Omar and his invading armies capturedJerusalem rom the Byzantine Empire. One reason they wantedto erect a holy structure in Jerusalem was to proclaim Islamssupremacy over Christianity and its most important shrine, theChurch o the Holy Sepulcher. 8

More important was the power struggle within Islam itsel. Te

Damascus-based Umayyad Caliphs who controlled Jerusalemwanted to establish an alternative holy site i their rivalsblocked access to Mecca. Tat was important because the Hajjor pilgrimage to Mecca was (and remains today) one o the FivePillars o Islam. As a result, they built what became known as theDome o the Rock shrine and the adjacent mosque.9

o enhance the prestige o the substitute Mecca, the Jerusalem

mosque was named al-Aqsa. It means the urthest mosquein Arabic, but has ar broader implications, since it is the samephrase used in a key passage of the Quran called eNightJourney. In that passage, Mohammed arrives at al-Aqsa on awingedsteedaccompaniedbytheArchangelGabriel;fromtherethey ascend into heaven or a divine meeting with Allah, aerwhich Mohammed returns to Mecca. Naming the Jerusalemmosque al-Aqsa was an attempt to say the Dome o the Rockwas the very spot rom which Mohammed ascended to heaven,thus tying Jerusalem to divine revelation in Islamic belie. Teproblem however is, that Mohammed died in the year 632, nearly50 years beore the rst construction o the al-Aqsa Mosquewas completed.

Jerusalem never replaced the importance o Mecca in the Islamicworld. When the Umayyad dynasty ell in 750, Jerusalem alsoell into near obscurity or 350 years, until the Crusades. During

those centuries, many Islamic sites in Jerusalem ell into disrepairand in 1016 the Dome o the Rock collapsed. 10


11/24

Jerusalem

11

Still, or 1,300 years, various Islamic dynasties (Syrian, Egyptian,

and urkish) continued to govern Jerusalem as part o their overallcontrol o the Land o Israel, disrupted only by the Crusaders.What is amazing is that over that period, not one Islamic dynastyever made Jerusalem its capital.11 By the 19th century, Jerusalemhad been so neglected by Islamic rulers that several prominentWestern writers who visited Jerusalem were moved to write aboutit. French writer Gustav Flaubert, or example, ound ruinseverywhere during his visit in 1850 when it was part o theurkish Empire (1516-1917). Seventeen years later Mark wainwrote that Jerusalem had become a pauper village. 12

Indeed, Jerusalems importance in the Islamic world only appearsevident when non-Muslims (including the Crusaders, the British,and the Jews) control or capture the city. 13 Only at those pointsin history did Islamic leaders claim Jerusalem as their third mostholy city aer Mecca and Medina.14 Tat was again the case in1967, when Israel captured Jordanian-controlled East Jerusalem

(and the Old City) during the 1967 Six-Day War.

Jordans Shameful Record

As recently as the mid-20th century, when Arabs last controlledparts o Jerusalem, they exhibited no respect or the Holy City.

In 1948, when Jordan took control o the eastern part o Jerusalem,including the Old City, it divided the city or the rst time in its3,000-year history. Under the 1949 armistice agreement withIsrael, Jordan pledged to allow ree access to all holy places butailed to honor that commitment. From 1948 until the Six-DayWar in 1967, the part o Jerusalem controlled by the Jordanians,again became an isolated and underdeveloped provincial town,with its religious sites the target o religious intolerance.

Te Old City was rendered void o Jews. Jewish sites such as theMount o Olives were desecrated. Jordan destroyed more than50 synagogues, and erased all evidence o a Jewish presence. Inaddition,allJewswereforcedoutoftheJewishQuarteroftheOldCity adjacent to the Western Wall, an area where Jews had livedor generations. 15


12/24

Jerusalem

12

For 19 years [1948-1967], Jews and Christians residing in Israel

(and even Israeli Muslims) were barred rom their holy places,despite Jordans pledge to allow ree access. Jews, or example,wereunabletoprayattheWesternWall;ChristianArabslivingin Israel were denied access to churches and other religious sitesin the Old City and nearby Bethlehem, also under Jordaniancontrol.16 During Jordans reign over eastern Jerusalem, itsrestrictive laws on Christian institutions led to a dramatic declinein the holy citys Christian population by more than hal rom25,000 to 11,000 a pattern that characterized Christian Arabs in

other Arab countries throughout the Middle East where religiousreedom is not honored. 17

ItwasonlyaertheSix-DayWarthattheJewishQuarterwasrebuilt and ree access to holy places was reestablished. It is worthnoting that aer Jordan annexed the West Bank in the 1950s, ittoo ailed to make Jerusalem a city that Arabs now claim as thethird most holy site o Islam its capital.

Reunited JerusalemIsrael reunited Jerusalem as one city in 1967, aer Jordan joinedthe Egyptian and Syrian war ofensive and shelled the Jewish parto the city. One o Israels rst acts was to grant unprecedentedreedom to all religions in the city. Israeli leaders vowed it wouldnever again be divided.

DespitethedisgracefultreatmentoftheJewishQuarterandtheMount o Olives under the Jordanians and despite the Arabs

violation o their pledges to make all holy sites accessible toJews and Christians, one o the rst acts Israel undertook aerreuniting the city was to guarantee and saeguard the rights o allcitizens o Jerusalem. Tis included not only ree access to holysites or all aiths but also represented an unprecedented act oreligious tolerance. Israel granted Muslim and Christian religiousauthorities responsibility or managing their respective holysites, including Muslim administration o Judaisms holiest site,

the emple Mount. Eventually, however, the Waq, which holdsadministrative responsibility over the emple Mount, violatedthe trust with which it was invested to respect and protect theholiness o the emple Mount or both Muslims and Jews. 18


13/24

Jerusalem

13

Jerusalem was Never an Arab City

Arab leaders continue to insist that Jerusalem is an Arab city. Tatmyth is used to implement a strategy to wrest partial controlo Jerusalem rom Israel and to make Jerusalem the capital o aPalestinian state.

It is also part o a long-range strategy to destroy the Jewish state.Tis is one reason PLO Chairman Yasser Araat rejected theunprecedented now-or-never Israeli proposal at peace talks in

2000 at Camp David. Te proposal sought to solve the impasseover the status o Jerusalem by ofering Arabs a share in theadministration o parts o the city. Aerwards, Araat revealed hisreal position in a post-summit statement that declared the PLOsdemand or sovereignty over Jerusalem including the Church othe Holy Sepulcher, the emple Mount mosques, the ArmenianQuarter,andJerusaleminitsentirety,entirety,entirety.19

Te wo Jerusalems Myth

Palestinians have nurtured a myth that historically there weretwo Jerusalems an Arab East Jerusalem and a Jewish WestJerusalem.

JerusalemwasneveranArabcity;JewshaveheldamajorityinJerusalem since 1870, and east-west is a geographic, not politicaldesignation. It is no diferent than claiming the Eastern shore oMaryland should be a separate political entity rom the rest o

the state. 20

In 1880, Jews constituted 52 percent o the Old City populationin East Jerusalem and were still inhabiting 42 percent o the OldCity in 1914. In 1948, there were 100,000 Jews in Jerusalem, with65,000 Arabs. A joint Jordanian-Israeli census reported that 67.7percent o the citys population in 1961 was Jewish. A 1967 aerialphoto reveals the truth about the area called East Jerusalem: It

was no more than an overcrowded walled city with a ew scatteredneighborhoods surrounded by villages. 21


14/24

Jerusalem

14

Although uniting the city transormed all o Jerusalem into the

largest city in Israel and a bustling metropolis, even moderatePalestinian leaders reject the idea o a united city. Teir minimaldemand or just East Jerusalem really means the Jewish holysites(includingtheJewishQuarterandtheWesternWall),whichArabs have ailed to protect, and the return o neighborhoods thathouse a signicant percentage o Jerusalems present-day Jewishpopulation. Most o that city is built on rock-strewn empty landaround the city that was in the public domain or the past 44 years.With an overall population o nearly 763,800 today, separatingEast Jerusalem and West Jerusalem is as viable and acceptableas the notion o splitting Berlin into two cities again, or separatingEast Harlem rom the rest o Manhattan.

Arab claims to Jerusalem, a Jewish city by all denitions,reect the whats-mine-is-mine, whats-yours-is-mine mentalityunderlying Palestinian concepts o how to end the Arab-Israeliconict. Tat concept is also expressed in the demand or the

Right o Return,22 not just in Jerusalem Israels capital, butinside the Green Line as well.

Destroying History

ArabsdenythebondbetweenJewsandJerusalem;theysabotageand destroy archaeological evidence, even at the holiest place inJudaism the emple Mount.

Arabs continually denied the legitimacy o the Jewish peoplesconnection to Jerusalem. Araat and other Arab leaders insistedthat there never were Jewish temples on the emple Mount. Teyalso claimed the Western Wall was really an Islamic holy site towhich Muslims have historical rights. Putting rhetoric into action,Islamic clerics who manage the emple Mount have demonstratedagrant disrespect and contempt or the archaeological evidenceo a Jewish presence. 23

Between 1999 and 2001, the Muslim Waq removed and dumpedmore than 13,000 tons o what it termed rubble rom the Mountand its substructure, including archaeological remains rom the


15/24

Jerusalem

15

First and Second emple periods, which Israelis ound at dumping

sites. During construction o a new underground mosque ina subterranean hall believed to date back to the time o Herod,and the paving o an open air mosque elsewhere on the empleMount, the Waq barred the Israel Antiquities Authority romsupervising, or even observing, work. When archaeological ndsrom any period Jewish or otherwise are uncovered in thecourse o construction work, the Authority is mandated by law tosupervise and observe everywhere in Israel legislation that datesback to 1922 and documented in the international accord o theLeague o Nations the Mandate or Palestine. 24

Such gross disregard or the pre-Islamic Jewish heritage oJerusalem particularly on Judaisms holiest historic site isa ar more insidious orm o the same Islamic intolerance thatmotivated the aliban to demolish two gigantic pre-Islamicstatues o Buddha carved into a clif in Aghanistan.25

Te Holy Places and JerusalemJerusalem, it seems, is at the physical center o the Arab-Israeliconict. In act, two distinct issues exist: Te issue o Jerusalemand the issue o the Holy Places.

Judge Elihu Lauterpacht, a ormer judge ad hoc on the bench othe International Court o Justice and a renowned and respectedscholar o international law at Cambridge University, has said:

Notonlyarethetwoproblemsseparate;theyarealsoquitedistinct in nature rom one another. So ar as the HolyPlaces are concerned, the question is or the most part oneo assuring respect or the existing interests o the threereligions and o providing the necessary guarantees oreedom o access, worship, and religious administration.Questions of this nature are only marginally an issuebetween Israel and her neighbors and their solution should

not complicate the peace negotiations.

As ar as the City o Jerusalem itsel is concerned, thequestion is one o establishing an efective administration


16/24

Jerusalem

16

o the City which can protect the rights o the various

elements o its permanent population Christian, Araband Jewish and ensure the governmental stability andphysical security which are essential requirements or thecity o the Holy Places. 26

Internationalization of Jerusalem

Judge Lauterpacht underscored in his investigation o the legalissues surrounding the status o Jerusalem and the Holy Places

that the notion o internationalizing Jerusalem was not part o theoriginal international mandate:

Nothing was said in the Mandate about the inter-nationalization o Jerusalem. Indeed Jerusalem as such isnot mentioned, though the Holy Places are. And this initsel is a act o relevance now. For it shows that in 1922there was no inclination to identiy the question o the HolyPlaces with that o the internationalization o Jerusalem. 27

Arab leaders, including Palestinians, have sought to justiy theirright to Jerusalem by distorting the meaning o United Nationsresolutions that apply to the city. UN Resolution 181, or example,adopted by the General Assembly in 1947, recommendedturningJerusalem and its environs into an international city, or corpusseparatum. However, Arab spokesmen conveniently ignore theact that Resolution 181 was a non-binding recommendation.

Proessor Julius Stone, one o the 20th centurys best-knownauthorities in Jurisprudence and international law, notes thatResolution 181 lacked binding orce rom the outset, since itrequired acceptance by all parties concerned: 28

While the State o Israel did or her part express willingnessto accept it, the other states concerned both rejected it andtook up arms unlawully against it.

Judge Lauterpacht wrote in 1968 about the new conditions that

had arisen since 1948 with regard to the original thoughts ointernationalization o Jerusalem:

eArabStatesrejectedthePartitionPlanandtheproposalor the internationalization o Jerusalem.


17/24

Jerusalem

17

Te Arab States physically opposed the implementation o the

General Assembly Resolution. Tey sought by orce o armsto expel the Jewish inhabitants o Jerusalem and to achievesole occupation o the City.

Intheevent,JordanobtainedcontrolonlyoftheEasternparto the City, including the Walled City.

WhileJordanpermittedreasonablyfreeaccesstoChristianHoly Places, it denied the Jews any access to the Jewish Holy

Places. Tis was a undamental departure rom the traditiono reedom o religious worship in the Holy Land, which hadevolved over centuries. It was also a clear violation o theundertaking given by Jordan in the Armistice Agreementconcluded with Israel on 3rd April, 1949. Article VIII o thisAgreement called or the establishment o a Special Committeeo Israeli and Jordanian representatives to ormulate agreedplans on certain matters which, in any case, shall include theollowing, on which agreement in principle already exists ...

ree access to the Holy Places and cultural institutions anduse o the Cemetery on the Mount o Olives.29

eU.N.displayednoconcernoverthediscriminationthuspracticed against persons o the Jewish aith.

eU.N.acceptedastolerabletheunsupervisedcontroloftheOld City o Jerusalem by Jordanian orces notwithstandingthe act that the presence o Jordanian orces west o the

Jordan River was entirely lacking in any legal justication.

During the period 1948-1952 the General Assemblygradually came to accept that the plan or the territorialinternationalization o Jerusalem had been quite overtakenby events.


18/24

Jerusalem

18

On 5th June, 1967, Jordan deliberately overthrew the

Armistice Agreement by attacking the Israeli-held parto Jerusalem. Tere was no question o this Jordanianaction being a reaction to any Israeli attack. It took placenotwithstanding explicit Israeli assurances, conveyedto King Hussein through the U.N. Commander, that iJordan did not attack Israel, Israel would not attack Jordan.Although the charge o aggression is reely made againstIsrael in relation to the Six-Day War the act remains thatthe two attempts made in the General Assembly in June-July

1967 to secure the condemnation o Israel as an aggressorailed. A clear and striking majority o the members othe U.N. voted against the proposition that Israel wasan aggressor. 30

oday, Israel has reunited Jerusalem and provided unrestrictedreedom o religion. Access o all aiths to the Holy Places in theunied City o Peace is assured. Judge Lauterpracht conrms this:

Moslems have enjoyed, under Israeli control, the veryreedom which Jews were denied during Jordanian

occupation. 31

Lastly, it should be noted: I UN Resolution 181 was valid today(which it is not), then so would be the provision in Part III-Dthat stipulates that aer 10 years, the citys international statuscould be subject to a reerendum o all Jerusalemites regarding a

change in the status o the city a decision that today, as in thepast, would have been made by the citys decisive Jewish majority.

Te United Nations and Jerusalem

Originally, internationalization o Jerusalem was part o a muchbroader proposal that the Arab states rejected both at the UNand on the ground, by

a rejection underlined by armed invasion o Palestine by

the orces o Egypt, Iraq, Lebanon, Syria, and Saudi Arabia aimed at destroying Israel.


19/24

Jerusalem

19

Te outcome o consistent Arab aggression was best

described by Proessor, Judge Schwebel, ormer President othe International Court o Justice in the Hague:

As between Israel, acting deensively in 1948 and 1967, onthe one hand, and her Arab neighbors, acting aggressivelyin 1948 and 1967, on the other, Israel has better title inthe territory o what was Palestine, including the whole of

Jerusalem. 32 [italics by author]

UN Resolution 242Resolution 242 was adopted aer the 1967 Six-Day War, whenIsrael was attacked by, and captured territory rom, Egypt, Jordan,and Syria. However, the resolution never mentions Jerusalem, nordoes UN Resolution 242 call or a ull withdrawal rom territorycaptured but merely a withdrawal to secure and recognizedboundaries that are to be negotiated by the parties concerned.Palestinian Arabs were not a party to the resolution.

Arthur Goldberg, the ormer U.S. Ambassador to the UN (in1967) who helped dra the resolution, testied in regard to theomission o Jerusalem rom Resolution 242:

I never described Jerusalem as occupied territory. Resolution242 in no way reers to Jerusalem and this omission wasdeliberate.

In conclusion o the role the UN and international law may play indetermining the uture o Jerusalem, one may again quote JudgeLauterpacht:

(i) Te role o the U.N. in relation to the uture o Jerusalemand the Holy Places is limited. In particular, the GeneralAssembly has no power o disposition over Jerusalem andno right to lay down regulations or the Holy Places. TeSecurity Council, o course, retains its power under Chapter

VII o the Charter in relation to threats to the peace, breacheso the peace and act o aggression, but these powers do notextend to the adoption o any general position regardingthe uture o Jerusalem and the Holy Places.


20/24

Jerusalem

20

(ii) Israels governmental measures in relation to Jerusalem

both New and Old are lawul and valid.(iii) Te uture regulation o the Holy Places is amatter to be determined quite separately rom thepolitical administration o Jerusalem. erritorial inter-nationalization o Jerusalem is dead but the possibilityo unctional internationalization is not. Te latter means,in efect, the recognition o the universal interest in theHoly Places situated in Jerusalem and the adoption o links

between Israel and the world community to give ormalexpression to that interest.

Palestinian error in the City of Peace

Palestinian Arabs have concentrated many o their terroristattacks on Jews in Jerusalem, hoping to win the city by anonslaught o suicide bombers who seek too make lie in the Cityo Peace unbearable. But this is not a new tactic. Arab strategy to

turn Jerusalem into a battleground began in 1920.

Unortunately, Arab leaders oen turn to violence to gain whatthey were unable to achieve at the negotiating table. When talksbroke down at Camp David in 2000, Palestinian Arab leadersunleashed the al-Aqsa Intifada, which amounted to a ull-blownguerrilla war against Israel.

It began the day beore Rosh Hashanah, the Jewish New Year,

when Arab mobs hurled rocks rom the emple Mount ontoJewish worshipers praying at the Western Wall below. Tat rockattack turned into a steady campaign o terrorist attacks. Asthe priming powder or the Intiada, Palestinian leaders incitedPalestinians and Muslims throughout the world with ables thatalsely suggested that Jews began an assault on al-Aqsa when ArielSharon made a hal-hour visit to the emple Mount during touristhours.Te truth is that Palestinians plans or warare had begun

immediately aer Araat walked out o the Camp David talks.33


21/24

Jerusalem

21

Why do Palestinians ocus terrorist attacks on the City o Peace?

Because Palestinians, despite their rhetoric, ully understandJerusalems symbolic and spiritual signicance to the Jews.

Suicide attacks on public buses and caes, malls, and othercrowded sites in the heart o the city since the 1993 Oslo Accords,are designed to make lie hell or Jewish Jerusalemites. Atrocitieslike the February and March 1996 bombings o two #18 busesthat killed 26 people and the August 2001 bombing o a Sbarropizzeria that killed 15 (including ve members o one amily), are

part o an ongoing 120-year-old battle that Arabs have waged inopposition to Zionism.34

In April 1920, a three-day rampage by religiously incited anti-Zionist Arab mobs le six dead and 200 injured in the JewishQuarter. e attackers gutted synagogues and yeshivot andransacked homes. Arabs planted time bombs in public places asar back as February 1947, when they blasted Ben-Yehuda Street,

Jerusalems main thoroughare, leaving 50 dead.Tis was all done beore the establishment o the State o Israel. Inthe 1950s, Jordanians periodically shot at Jewish neighborhoodsrom the walls o the Old City. And aer the city was united in1967, Arabs renewed their battle or the city by planting bombs incinemas and supermarkets.

Te rst terrorist attack in that renewed battle came with the 1968

bombing o Jerusalems Machane Yehuda, the open market, thatle 12 dead. Te plain acts about Palestinian Arabs behaviorclearly demonstrate that they have oreited any claim to the Cityo Peace.


22/24

Jerusalem

22

Tis document uses extensive links via the Internet. I you experiencea broken link, please note the 5 digit number (xxxxx) at the end o theURL and use it as a Keyword in the Search Box at www.MEfacts.com

Notes1 Jerusalem: A ale o One City, Te New Republic, Nov. 14, 1994. (11362)

Martin Gilbert is an Honorary Fellow o Merton College Oxord and

the biographer o Winston Churchill. He is the author o the Jerusalem:Illustrated History Atlas (Vallentine Mitchell) and Jerusalem: Rebirtho the City (Viking-Penguin), at: www.meacts.com/cache/html/wall-ruling_/11362.htm. (11340)

2 Ibid.

3 Ibid.

4 I I orget thee, O Jerusalem, let my right hand wither, let my tonguecleave to my palate i I do not remember you, i I do not set Jerusalemabove my highest joy. (137, 5-7).

5 See Ken Spiro, Jerusalem: Jewish and Moslem Claims to the Holy City,

at: www.aish.com/Israel/articles/Jerusalem_Jewish_and_Moslem_Claims_to_the_Holy_City.asp. (11341)

6 Te eighty thousand Jews in Palestine, ully one-hal are living withinthe walls, or in the twenty-three colonies just outside the walls, oJerusalem. Tis number orty thousand Jews in Jerusalem is not anestimate carelessly made. Edwin S. Wallace, Former U.S. Consul TeJews in Jerusalem Cosmopolitan magazine(January1898;originalpageso article are in possession o the author).

7 JERUSALEM - Whose City? at: http://christianactionorisrael.org/whosecity.html. (10744)

8 Dome o the Rock at: www.sacredsites.com/1st30/domeo.html. (11342)9 See Ken Spiro, Jerusalem: Jewish and Moslem Claims to the Holy City,

at: www.aish.com/Israel/articles/Jerusalem_Jewish_and_Moslem_Claims_to_the_Holy_City.asp. (11341)

10 Daniel Pipes, I I Forget Tee: Does Jerusalem Really Matter to Islam,TeNew Republic, April 28, 1997, at: www.danielpipes.org/article/281.(10746)

11 See Ken Spiro, Jerusalem: Jewish and Moslem Claims to the Holy City,at: www.aish.com/Israel/articles/Jerusalem_Jewish_and_Moslem_Claims_to_the_Holy_City.asp. (11341)

12 Daniel Pipes, I I Forget Tee: Does Jerusalem Really Matter to Islam,Te New Republic, April 28, 1997, www.danielpipes.org/article/281.(10746)

13 Ibid.


23/24

Jerusalem

23

14 See Ken Spiro, Jerusalem: Jewish and Moslem Claims to the Holy City,at: www.aish.com/Israel/articles/Jerusalem_Jewish_and_Moslem_

Claims_to_the_Holy_City.asp. (11341)15 Dore Gold, Jerusalem in International Diplomacy, Jerusalem Center or

Public Afairs, at www.jcpa.org/jcprg10.htm. (10747)

16 Jerusalem: A ale o One City, Te New Republic, Nov. 14, 1994. (11362)Martin Gilbert is an Honorary Fellow o Merton College Oxord andthe biographer o Winston Churchill. He is the author o the Jerusalem:Illustrated History Atlas (Vallentine Mitchell) and Jerusalem: Rebirtho the City (Viking-Penguin), at: www.meacts.com/cache/html/wall-ruling_/11362.htm. (11340)

17 Ibid.

18 Ibid.19 Dore Gold, Jerusalem in International Diplomacy. See: www.jcpa.org/

jcprg10.htm. (10747)

20 For these and more statistics, see Jerusalem: Te Citys Developmentrom a Historical Viewpoint, at: www.ma.gov.il/MFA/MFAArchive/1990_1999/1998/7/Jerusalem-%20Te%20City-s%20Development%20rom%20a%20Historica. (10748)

21 RamiYizrael,eJewishQuarterinOldJerusalemintheWarofIndependence (in Hebrew), Jerusalem: Ben Zvi Institute at: http://ybz.org.il/?ArticleID=71. (11343)

22 Te Right o Return here reers to Arab demands that Israel allow all thePalestinians who ed in 1948 and le in 1967 more than our millionArabs by their own estimates to simply overrun Israel demographically.

23 According to Egyptian Minister o Waqs (religious endowments)Mahmoud Hamdi Zakzouk: Jews have no legitimate claim to Al-BuraqWall, April 28, 2001. Te Western Wall, it is claimed, was the hitchingpost where the Prophet tied his winged steed in Te Night Journeybeore ascending into heaven. www.arabicnews.com/ansub/Daily/Day/010428/2001042829.html. (11344)

24 Mark Ami-El, Destruction o the emple Mount Antiquities, August

2002, Jerusalem Center or Public Afairs, August 1, 2002 at:www.jcpa.org/jl/vp483.htm. (11567)

25 Dore Gold, Jerusalem in International Diplomacy. (10747)

26 Judge, Sir Elihu Lauterpacht Jerusalem and the Holy Places. TeAnglo-Israel Association, October 1968. Lauterpracht was Judge adhoc o the International Court o Justice. He also published Aspects othe Administration o International Justice. (1991) He is the Director,Research Centre or International Law at Cambridge University, andMember, Arbitration Panel, World Bank Centre or the Settlement oInvestment Disputes.

27 Ibid.28 Proessor Julius Stone, Israel and Palestine - Assault on the Law o

Nations (Johns Hopkins University Press, 1981). Tis work represented adetailed analysis o the central principles o international law governingthe issues raised by the Arab-Israel conict. Proessor Stone was


24/24

Jerusalem

recognized as one o the twentieth century's leading authorities on theLaw o Nations and one o the worlds best-known authorities in bothJurisprudence and International Law. His 26 major works include theauthoritative texts Legal Controls o International Conict, Aggressionand World Order. Te International Court and World Crisis and TeProvince and Function o Law.

29 All citizens o the State o Israel were denied access to the Holy Placesunder Jordan control.

30 Dra resolutions attempted to brand Israel as aggressor and illegaloccupier as a result o the 1967 Six-Day War were all deeated by the UNGeneral Assembly and the Security Council.

A/L.519, 19 June 1967, submitted by: the Union o Soviet SocialistRepublics Israel, in gross violation o the Charter o the UnitedNations and the universally accepted principles o international law, hascommitted a premeditated and previously prepared aggression against theUnited Arab Republic, Syria and Jordan (emphasis added) at: http://domino.un.org/unispal.ns/9a798adb322af38525617b006d88d7/2795f6b58b212c052566cd006e0900!OpenDocument. (10919)

A/L. 521, 26 June 1967, submitted by: Albania Resolutely condemns theGovernment o Israel or its armed aggression against the United ArabRepublic, the Syrian Arab Republic and Jordan, and or the continuanceo the aggression by keeping under its occupation parts o the territory othesecountries;(emphasisadded)at:www.mfa.gov.il/MFA/Foreign%20

Relations/Israels%20Foreign%20Relations%20since%201947/1947-1974/28%20Dra%20Resolution%20by%20Albania%20at%20the%20Emergency%20Se. (10921)

A/L. 522/REV.3*, 3 July 1967, submitted by: Aghanistan, Burundi,Cambodia, Ceylon, Congo (Brazzavil le),Cyprus, Guinea, India, Indonesia,Malaysia, Mali, Pakistan, Senegal, Somalia, United Republic o anzania,Yugoslavia and Zambia. Calls upon Israel to withdraw immediately al lits orces to the positions they held prior to 5 June 1967 at: http://domino.un.org/unispal.ns/0/76b6a75b8482d15052566c6006560d4?OpenDocument. (10918)

A/L.523/Rev.1, 4 July 1967, submitted by: Argentina, Barbados, Bolivia,Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, ElSalvador, Guatemala, Guyana, Honduras, Jamaica, Mexico, Nicaragua,Panama, Paraguay, rinidad and obago and Venezuela. Israel towithdraw all its orces rom all the territories (emphasis added) occupiedbyitasaresultoftherecentconict;at:http://domino.un.org/unispal.ns/9a798adb322af38525617b006d88d7/510e41ac855100052566cd00750ca4!OpenDocument. (10920)

31 Judge, Sir Elihu Lauterpracht, Jerusalem and the Holy Places, p. 11.

32 Proessor, Judge Schwebel. What Weight to Conquest? in Justice inInternational Law, Cambridge University Press, 1994.

33 What started the al-Aqsa Intiada in September 2000? at:www.palestineacts.org/p_1991to_now_alaqsa_start.php. (10751)

34 Suicide bombing at the Sbarro pizzeria in Jerusalem, August 9, 2001,at: www.ma.gov.il/ma/maarchive/2000_2009/2000/10/Suicide%20bombing%20at%20the%20Sbarro%20pizzeria%20in%20Jerusale. (10752)

Documents

Jerusalem Book