20 Years of Research Reveals: Jerusalem Belongs to Jews

From IsraelNN.com ( links inserted by Smooth Stone) :

Jacques Gauthier, a non-Jewish Canadian lawyer who spent 20 years researching the legal status of Jerusalem, has concluded: "Jerusalem belongs to the Jews, by international law."

Gauthier has written a doctoral dissertation on the topic of Jerusalem and its legal history, based on international treaties and resolutions of the past 90 years. The dissertation runs some 1,300 pages, with 3,000 footnotes. Gauthier had to present his thesis to a world-famous Jewish historian and two leading international lawyers - the Jewish one of whom has represented the Palestinian Authority on numerous occasions.

Gauthier's main point, as summarized by Israpundit editor Ted Belman, is that a non-broken series of treaties and resolutions, as laid out by the San Remo Resolution, the League of Nations and the United Nations, gives the Jewish People title to the city of Jerusalem. The process began at San Remo, Italy, when the four Principal Allied Powers of World War I - Great Britain, France, Italy and Japan - agreed to create a Jewish national home in what is now the Land of Israel.

San Remo
The relevant resolution reads as follows:

"The High Contracting Parties agree to entrust... the administration of Palestine, within such boundaries as may be determined by the Principal Allied Powers, to a Mandatory [authority that] will be responsible for putting into effect the [Balfour] declaration... in favour of the establishment in Palestine of a national home for the Jewish people."

Gauthier notes that the San Remo treaty specifically notes that "nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine" - but says nothing about any "political" rights of the Arabs living there.

The San Remo Resolution also bases itself on Article 22 of the Covenant of the League of Nations, which declares that it is a "a sacred trust of civilization" to provide for the well-being and development of colonies and territories whose inhabitants are "not yet able to stand by themselves under the strenuous conditions of the modern world." Specifically, a resolution was formulated to create a Mandate to form a Jewish national home in Palestine.

League of Nations
The League of Nations' resolution creating the Palestine Mandate, included the following significant clause:

“Whereas recognition has thereby been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country."

No such recognition of Arab rights in Palestine was granted.

In 1945, the United Nations took over from the failed League of Nations - and assumed the latter's obligations. Article 80 of the UN Charter states: "Nothing in this Chapter shall be construed, in or of itself, to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties."

UN Partition Plan
However, in 1947, the General Assembly of the UN passed Resolution 181, known as the Partition Plan. It violated the League of Nations' Mandate for Palestine in that it granted political rights to the Arabs in western Palestine - yet, ironically, the Arabs worked to thwart the plan's passage, while the Jews applauded it.

Resolution 181 also provided for a Special regime for Jerusalem, with borders delineated in all four directions: The then-extant municipality of Jerusalem plus the surrounding villages and towns up to Abu Dis in the east, Bethlehem in the south, Ein Karem and Motza in the west, and Shuafat in the north.

Referendum Scheduled for Jerusalem
The UN resolved that the City of Jerusalem shall be established as a separate entity under a special international regime and shall be administered by the United Nations. The regime was to come into effect by October 1948, and was to remain in force for a period of ten years, unless the UN's Trusteeship Council decided otherwise. After the ten years, the residents of Jerusalem "shall be then free to express by means of a referendum their wishes as to possible modifications of regime of the City."

The resolution never took effect, because Jordan controlled eastern Jerusalem after the 1948 War of Independence and did not follow its provisions.

After 1967
After the Six Day War in 1967, Israel regained Jerusalem and other land west of Jordan. Gauthier notes that the UN Security Council then passed Resolution 242 authorizing Israel to remain in possession of all the land until it had “secure and recognized boundaries.” The resolution was notably silent on Jerusalem, and also referred to the "necessity for achieving a just settlement of the refugee problem,” with no distinction made between Jewish and Arab refugees.

Today
Given Jerusalem's strong Jewish majority, Gauthier concludes, Israel should be demanding that the long-delayed city referendum on the city's future be held as soon as possible. Not only should Israel be demanding that the referendum be held now, Jerusalem should be the first order of business. "Olmert is sloughing us off by saying [as he did before the Annapolis Conference two months ago], 'Jerusalem is not on the table yet,'" Gauthier concludes. "He should demand that the referendum take place before the balance of the land is negotiated. If the Arabs won’t agree to the referendum, there is nothing to talk about."

"Historical insight" from a Jewish self-loather

An excerpt from the excellent, must-read essay by Seth Frantzman, currently in the doctoral program at the Hebrew University of Jerusalem and whose master's thesis was on the 1948 war, in a counterpoint rebuttal of Ilan Pappe, a communist anti-Zionist self-loathing Jewish historian at Haifa University who has defended a student, Teddy Katz, for written essays documenting a fictitious Israeli massacre at the village of Tantura in 1948, and presenting it as truth. Via JPost:

It has become fashionable in recent decades to frame the 1948 war as one in which the Arabs were victims of Zionist aggression. Anti-Zionist scholars such as Noam Chomsky, Rashid Khalidi and Ilan Pappe have presented the war as if the only important events were Deir Yassin and the flight or expulsion of Arabs from Haifa, Acre, Tiberias, west Jerusalem, Jaffa and numerous villages.

These views are those of the "new historians" - leftist scholars who in the 1980s began to reinterpret Israeli and Palestinian history. He is the author of six works on the history of the Israeli-Arab conflict and the Middle East. In his recently released book The Ethnic Cleansing of Palestine, Pappe claims that Israel prepared a special plan for the ethnic cleansing of Palestine's Arab population known as Plan D for dalet. Pappe's "evidence" is derived from his interpretations of files found in the Hagana and Israel state archives.

But Pappe makes one egregious mistake. He never bothers to ask the same question of the Arabs he does of the Jews: What about their lists, their intelligence reports and their ethnic-cleansing plans? What were Arab intentions in the five months between the passage of the UN partition plan on November 29, 1947, and the birth of Israel?

The archives of The Palestine Post, now The Jerusalem Post and then the newspaper of record of Mandatory Palestine, provide some of the answers and tell a very different story from the one presented by Pappe.

-- Sixty-two Jews were murdered by Arabs in the first week after the UN partition plan was passed, and by May 15, 1948, a total of 1,256 Jews had been killed, most of them civilians. These deaths were caused by Arab militias, gangs, terrorists and army units which attacked every place of Jewish inhabitation in Palestine.

The attacks succeeded in placing Jerusalem under siege and eventually cutting off its water supply. All Jewish villages in the Negev were attacked, and Jews had to go about the country in convoys. In every major city where Jews and Arabs lived in mixed neighborhoods the Jewish areas came under attack. This was true in Haifa's Hadar Hacarmel as well as Jerusalem's Old City.

Massacres were not uncommon.

-- Thirty-nine Jews were killed by Arab rioters at Haifa's oil refinery on December 30, 1947. On January 16, 1948, 35 Jews were killed trying to reach Gush Etzion. On February 22, 44 Jews were murdered in a bombing on Jerusalem's Rehov Ben-Yehuda. And on February 29, 23 Jews were killed all across Palestine, eight of them at the Hayotzek iron foundry.

-- Thirty-five Jews were murdered during the Mount Scopus convoy massacre on April 13. And 127 Jews were massacred at Kfar Etzion on May 15, 1948, after 30 others had died defending the Etzion Bloc.

-- In Arab countries more than 100 Jews were also massacred and synagogues were burned in Aleppo and Aden, driving thousands of Jews from their homes.

Back in Palestine many small kibbutzim were subjected to attacks, including Gvulot, Ben-Shemen, Holon, Safed, Bat Yam and Kfar Yavetz - all in December. In January and February, it was the turn of Rishon Lezion, Yehiam, Mishmar Hayarden, Tirat Zvi, Sde Eliahu, Ein Hanatziv, Magdiel, Mitzpe Hagalil and Ma'anit.

In March and April these attacks culminated with an assault on Hartuv by 400 Arabs based in the village of Ishwa and an attack on Kfar Darom by members of the Muslim Brotherhood.

Arab attackers also bombed The Palestine Post in February. In March, the Jewish Agency, the Solel Boneh building in Haifa and an Egged bus were also bombed.

Some of today's scholars prefer to present every massacre of Jews as a "response" to some Jewish deed, and to portray as a "myth" the very idea that Israel struggled desperately for existence in 1948.

But it was no myth.

The fact is 1,256 Jews were killed in five months. Even before the first Arab villages were captured in April, 924 Jews had already been killed.

Ilan Pappe should have pondered what might have been if those Jews had not been slaughtered.

For more on the scourge known as Illan Pappe, see this, this and this.

Click here to read the full essay, Ethnic cleansing in Palestine?