Sunday, May 3, 2020

The Mandate for Palestine aka Greater Israel as it Pertains to Jerusalem and the Old City - YJ Draiman

The Mandate for Palestine aka Greater Israel as it Pertains to Jerusalem and the Old City - YJ Draiman


The Mandate for Palestine aka Greater Israel as it Pertains to Jerusalem and the Old City

The rights granted to the Jewish people in the 1920 San Remo Conference were confirmed and adopted by the 1920 Treaty of Sevres and Lausanne.  Furthermore, said rights were adopted and incorporated by the League of Nations in implementing The Mandate for Palestine relating to the establishment of the Jewish national home, and were to be given effect in all parts and regions of the Palestine territory. No exception was made for Jerusalem and its Old City; nor were they singled out for special reference in either the Balfour Declaration, the 1920 San Remo Treaty, or the Mandate forPalestine, other than to call for the preservation of existing rights in the Holy Places. As concerns the Holy Places, including those located in the Old City, specific obligations and responsibilities were imposed on the Mandatory.

It follows that the legal rights of the claimants to sovereignty over the Old City of Jerusalem similarly derive from the decisions of the Principal Allied Powers in the 1920 San Remo conference, and from the terms of the Mandate for Palestine adopted and approved by the Council of the League of Nations. In evaluating the validity of the claims of Israel relating to the Old City, the Council decision is of great significance from the perspective of the rights and obligations that it created under international law which the UN cannot supersede or modify without the consent of the parties.

The League of Nations and the UN can only recommend a resolution. In order for a resolution to be binding it must be agreed to and executed by the parties concerned. Since the Arabs rejected outright the partition and most other resolutions, all those resolutions are void and have no standing whatsoever.

In the view of Oxford international law professor Ian Brownlie, “in many instances the rights of parties to a dispute derive from legally significant acts, or a treaty concluded very long ago”.  As a result of these “legally significant acts”, there are legal as well as historical ties between the State of Israel and the Old City of Jerusalem.  The Faisal Weitzmann agreement of January 3, 1919 stated and agreed that the Jews would have Jerusalem and that the Muslim places of worship would be protected.

The intellectual ties were further solidified by the official opening of the Hebrew University on 1 April 1925 in Jerusalem. It must be noted said opening was attended by many dignitaries, including the University’s founding father, Dr. Chaim Weizmann, Field Marshall Allenby, Lord Balfour, Professor William Rappard and Sir Herbert Samuel, and many other distinguished guests. According to Dr. Weizmann, addressing the dignitaries and some twelve thousand other attendees at this memorable event, the opening of the University in Jerusalem was “the distinctive symbol, as it is destined to be the crowning glory, of the National Home of the Jewish people which we are seeking to rebuild”. 


In addition to the legal, historical and intellectual heritage, in the words of Canadian scholar Dr. Jacques Paul Gauthier: “To attempt to solve the Jerusalem / Old City problem without taking into consideration the historical and religious facts is like trying to put together a ten thousand piece puzzle without the most strategic pieces of that puzzle”.  In his monumental work entitled "Sovereignty Over the Old City of Jerusalem: A Study of the Historical, Religious, Political and Legal Aspects of the Question of the Old City", Dr. Gauthier offers an exhaustive review of these historical/spiritual/political/legal bonds, emphasizing the “extraordinary meaning” of the Old City of Jerusalem and the temple to the Jewish people.


3 comments:

  1. The Jewish heart and mind is eternally connected to Jerusalem and Israel for thousands of years.

    “For three thousand years, Jerusalem has been the center of Jewish hope and longing. No other city has played such a dominant role in the history, culture, religion and consciousness of a people as has Jerusalem in the life of Jewry and Judaism. Throughout centuries of exile, Jerusalem remained alive in the hearts of Jews everywhere as the focal point of Jewish history, the symbol of ancient glory, spiritual fulfillment and modern renewal. This heart and soul of the Jewish people engenders the thought that if you want one simple word to symbolize all of Jewish history, that word would be ‘Jerusalem.’ “.

    “Every Jew has a spark in his soul from the light of God above that illuminates his way during difficult times. And when it seems to him that he is lost and that there is no way out, the spark flares and lights his way. This is the little jug of oil that is revealed in time to save the Jew in times of despair and to light up his life in desperate times.”.

    “Let the world know that we were granted our right to exist by the God of our fathers at the glimmer of the dawn of human civilization 4,000 years ago. The Jewish people have a historic, eternal and inalienable right to the whole of the land of our forefathers. And for that right, which has been sanctified in Jewish blood from generation to generation, we have paid a price unprecedented in the annals of nations.”.

    How many holidays do the Arabs-Muslims celebrate due to historical events in the land of ancient Israel and Jerusalem.
    The Jewish people celebrate most of their holidays and fast days in memory of Jerusalem and Israel 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.
    YJ Draiman

    P.S.
    It is time to re-institute the teaching of the Jewish Bible in all Jewish Schools as was in Israel before 1987.
    Many of the Israelis today know nothing about our Jewish Heritage and history, it is due to the termination of studying the bible at all Jewish schools in Israel which was implemented by the than Israeli education minister in 1987.
    ReplyDelete
  2. Arabs-Muslims declare ‘Death to the Jews’ in their Facebook profiles

    This is not anti-Zionism. This is extreme racist anti-Semitism. If you replace “Death to the Jews” with “Death to the Buddhists”, or “Death to the Catholics”, or "Death to the Pagan worshipers" or “Death to the Kenyans or the Japanese”, what would these words mean other than menacing hate based in evil? This is a macabre, pure Nazi statement that these people gladly promote with the moronic mob mentality that they embrace. This brings only promises of chaos and fear and not respect, or a possible evolution toward a solution of coexistence.

    If the world destroys the Jews, which will never happen with the help of the almighty, the impact of losing the Jewish contributions to the world will be significant and catastrophic.
    The advances made in medicine, science, technology, law, philosophy and every corner of higher learning and progressive humanity as a direct result of Jewish contributions are etched in history and cannot be denied.
    Worldwide advances and progress will always be a reminder of what the Jews did and accomplished, unlike any other group in history. Non-Jews always have and continue to wonder how we did all that advancement.

    We the Jews being such a minute percentage of world population have been successful, and will continue so because we do not allow words, feelings or attitudes of hate in our children. Our children, and the generations to follow always come first. We raise our children with love of our traditions and cultures, and respect toward others who may differ. Our women mold the souls of our children and educate them in love and compassion, not hatred.

    Another factor of our success is we promote education as essential in the upbringing of our children. In addition, we lift ourselves up by hard work, dedication and innovation, not by taking others down.

    The Jewish people have survived and prospered even after thousands of years of unwarranted hate and persecutions throughout history. The world at large over the centuries has forced the Jewish people time and time again to liberate themselves from constant discrimination, hate and persecution in the Diaspora. We rose and responded by bringing about the rebirth of modern Israel in its ancestral land in order to survive, strive, thrive and control our own future and destiny.

    Remember, when the Jews and minorities were persecuted, killed and violated in the Arab and Islamic lands, (over a million Jewish families and their children expelled and all their assets confiscated), those countries never recovered from the loss.

    Differences in human composition and dedication are what make the Jewish people stronger. George Washington stated during his comments to the American people about appreciating how Haym Solomon, a Jew, helped in financing the American revolution, that the cultural differences are what make a nation stronger. Israel is the thriving America of Jews worldwide.

    After 2500 years of persecution in the Diaspora, Israel through hard work, determination to succeed, and dedication to survive with control of its own destiny was reborn by the Jewish people against all odds. It took extreme faith, dedication, hardship and consistent toil to rebuild Israel one grain of sand at a time, inch by inch, foot by foot, and mile by mile. The Jews of Israel never quit until all the swamps were gone and the land flourished; until the infrastructure and housing was built. Most importantly, all of these accomplishments by the Jewish people were achieved with limited resources, a hostile environment and Arab and British impediment to our freedom and independence. Nevertheless, we have succeeded in making the desert bloom and flowing with green valleys; we have turned the desert into a land of milk and honey.
    ReplyDelete
  3. Furthermore, Jewish innovations and advances in all fields keep coming on a consistent basis. We built educational institutions and research facilities that are the envy of the world. Furthermore, overcoming the harsh treatment by the nations of the world, and to ensure we, or any other people are never again led as sheep to the slaughter of the Nazi gas chamber, Israel has morphed into a world military might to rightfully defend its people. Contrary to the efforts of many nations of the world, the State of Israel is alive and thriving! (“the nation of Israel lives”)

    History has proven hate begets hate, and nations built upon a premise of hate have all failed. If all the Jews were gone (not likely), the anti-Semitic promoters and facilitators would need to feed their hate, and would turn on each other. History has proven as such to always be the end result of hate.

    I challenge you. Try love and understanding, compassion and kindness, embrace and respect the differences, it will make living a celebration of life, it’s all very beautiful and content, furthermore, you will find the real true success and accomplishment. It will be hard to change the narrative, but go ahead, accept the challenge to heal instead of hate, to tolerate instead of intolerance, to endure instead of abhor.
    If you follow these ideals, narratives and behavior, you may finally see some success like many of the JEWS and forego your jealousy and intolerance!
    This will bring about a harmonious and thriving coexistence that will benefit society and humanity for generations to come.
    YJ Draiman
    ReplyDelete

No comments:

Post a Comment