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20 Years of Research Reveals Jerusalem Belongs to Jews

Reader comment on item: Bush Promotes a Palestinian "Right of Return"

Submitted by Jay Draiman (United States), Jun 25, 2008 at 09:30

20 Years of Research Reveals Jerusalem Belongs to Jews

by Hillel Fendel

(IsraelNN.com) 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 favor 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.

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."


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Reader comments (105) on this item

Title Commenter Date Thread
Palestinian right of return... to Arabia [346 words]AlJan 20, 2010 12:00167612
20 Years of Research Reveals Jerusalem Belongs to Jews [885 words]Jay DraimanJun 25, 2008 09:30133363
muslims claim that islam is a way of life that leads to paradise or heaven whateverit may be.but according to bible it isa deception. [340 words]ronson silvaJul 19, 2009 15:25133363
Right of Return [109 words]CONFUSEDMay 23, 2008 17:10129721
Rice is totally clueless about the situation, but Cheney is 10 times worse! [322 words]DrRJPMar 31, 2008 16:50124224
1No such thing as "Palestinians", no Palestinian "Right of Return", and the right of Jews to live in the Holy Land. [587 words]Doc TaterFeb 6, 2008 17:50119671
Those crafty Arabs, trying to dupe us again! [451 words]Susan BrowneFeb 11, 2008 10:53119671
to Susan [637 words]Doc TaterFeb 12, 2008 15:21119671
1Israel should have responded sooner - It is Israel's government fault for this escalation. [219 words]Jay DraimanMar 3, 2008 02:09119671
NO PALESTINIAN STATE – No land concessions R3. [766 words]Jay DraimanMar 3, 2008 02:15119671
Jay Draiman [18 words]SAMSON BELLJun 6, 2008 06:32119671
1Who Stole the Land of Israel? [1100 words]Jay DraimanApr 7, 2009 18:46119671
2Jewish right of return to Arab lands [28 words]Jose AmramJan 31, 2008 21:52119411
"the right of return." [132 words]Robert Lee Kantor, MDJan 21, 2008 20:52118713
1Return of Terror [152 words]jennifer solisJan 20, 2008 01:07118610
If Palestians have the return, Israel will not exist anymore [80 words]NessieJan 19, 2008 16:39118564
Bush Promotes a Palestinian "Right of Return" [105 words]Richard FinnJan 16, 2008 22:49118360
A Way To Destroy Israel [25 words]M H NathanJan 16, 2008 22:25118357
Oil Money Speaks Loudly [184 words]Rena CohenJan 16, 2008 14:31118342
What Kind Of Friend? US - Israel [258 words]John R. PeacherJan 16, 2008 11:54118337
right of return [100 words]mark goldbergJan 16, 2008 03:05118313
What is 'palestine'? [124 words]Marcos BerensteinJan 15, 2008 21:09118298
2Right of Conquest [246 words]DavePJan 15, 2008 20:23118294
Bush May Be The Worst Friend Of Israel of Any President [630 words]Jim BeerJan 15, 2008 19:43118288
There is, of course a great solution, which involves Palestinians facing reality. [111 words]Victor LipshutzJan 15, 2008 18:58118284
We need to be careful [62 words]Steve MerkelJan 15, 2008 18:37118281
Palestinian Right of Return [84 words]Steven SternJan 15, 2008 17:52118274
Whatever happened to Bush? [104 words]Stef from BelgiumJan 15, 2008 13:08118254
Israel's only friends! [214 words]Susan BrowneFeb 11, 2008 11:10118254
What is the "right" of Return according to the Palestinian Authority? [127 words]Rochelle MichaelsJan 15, 2008 09:22118242
" Return to Sender " Arabia. [758 words]Simon NéhméJan 15, 2008 07:39118240
Will Mr. Bush Now Broker the Return of Northern Ireland to my Country, The Republic of Ireland? [119 words]maura collinsJan 17, 2008 08:47118240
with friends like these [167 words]leo solomonJan 15, 2008 04:04118229
Can't Olmert say the Right of Return is not on the table since Israel is a Jewish, not Islamic state? [283 words]LarryJan 15, 2008 02:28118225
Right of Return [196 words]JayJan 15, 2008 00:27118221
Doubting Tom no more! [140 words]larry B.Jan 15, 2008 18:43118221
right of return? [138 words]larry BJan 16, 2008 12:20118221
"Palestinian's "Right to Return" [142 words]Dannel R. BallesterosJan 14, 2008 21:38118211
Baffled [32 words]Charles NickalopoulosFeb 9, 2008 17:10118211
I think you're jumping to conclusions [225 words]Robert SolotJan 14, 2008 21:28118210
A Rude Awakening [111 words]Herb StoneJan 14, 2008 21:25118209
By the end of the day [92 words]YnnatchkahJan 14, 2008 22:24118209
True Friend? [135 words]larryJan 15, 2008 17:39118209
Right to Return to Palestine [87 words]Edward HalperJan 14, 2008 20:57118207
whose right of return? [74 words]joe roseJan 15, 2008 09:43118207
On the Right of Return [141 words]JoeJan 15, 2008 19:31118207
Justice and History [208 words]Edward HalperJan 16, 2008 14:04118207
Bush Promotes a Palestinian "Right of Return" [191 words]Victor LipshutzJan 14, 2008 20:35118205
Bush Promotes A 'Palestinian Right Of Return' -He Is Israel's De Facto Enemy Through His 'Efforts' [234 words]Adina KutnickiJan 14, 2008 19:48118204
Thank you Adina. [7 words]larryJan 15, 2008 17:41118204
shaky relations [215 words]Rebecca MouldsJan 14, 2008 18:11118196
Lame Duck Quacking [157 words]coyote_uglyJan 15, 2008 00:28118196
On the Other Hand, Who Was Any Better? [212 words]Sheldon DanJan 14, 2008 18:00118195
The Worst of Times are Coming - But Look for the Return of the King of kings in the Aftermath [341 words]M. ToveyJan 14, 2008 17:52118193
Sow the wind? [95 words]Larry B.Jan 15, 2008 18:08118193
Christianity May Fail - But Jesus Christ Will Not Fail [298 words]M. ToveyJan 17, 2008 19:15118193
Night of return [51 words]Charles NickalopoulosFeb 9, 2008 17:26118193
The "best friend" ? [78 words]TonyJan 14, 2008 17:44118192
Right of Return for "Palestinians" [126 words]KafirJan 14, 2008 16:14118189
Doubting Thomas [188 words]Bush Promotes . . .Jan 14, 2008 16:08118188
Perhaps in the very long term there could be a Palestinian return [286 words]Steven AbramsJan 14, 2008 16:07118187
Resurrect Ariel from his coma [705 words]john w mcginleyJan 14, 2008 14:53118178
The Second Half of the Sentence [313 words]Robert KaufmanJan 14, 2008 14:29118174
Steps that need to be taken [134 words]David W. LincolnJan 14, 2008 14:04118170
Bush-wacked [83 words]David SabghirJan 14, 2008 14:01118168
When does the spokesmouth for the Royal Dubai Investment House leave the White House? [318 words]James BurkeJan 14, 2008 12:33118163
To James [111 words]larry BJan 16, 2008 12:51118163
Head in the sand? [74 words]Charles CountrymanJan 14, 2008 12:19118162
Zionism with conditions [97 words]HarraKJan 14, 2008 12:05118159
Response to Harrak [194 words]JoeJan 15, 2008 12:26118159
Qid pro Quo? [360 words]trans-parereJan 15, 2008 15:51118159
Arab Egypt and Jewish Israel both are wrong [114 words]HarraKJan 16, 2008 10:21118159
Who Needs Friends?! [194 words]BlackspeareJan 14, 2008 11:57118157
Outrage! [121 words]Peter J. HerzJan 14, 2008 11:48118155
How about compensation for Jewish refugees who fled Arab lands? [262 words]Michael P BiberJan 14, 2008 11:45118154
Jewish Refugees from Arab Lands [138 words]KafirJan 14, 2008 21:49118154
Israel, watch your back! [37 words]Ron KilmartinJan 14, 2008 11:43118153
Resolution 194 and The "Right" of Return [172 words]Rochelle MichaelsJan 14, 2008 11:34118152
Quotes by Arabs in newspapers - "The Arab States encouraged the Palestine Arabs to leave their homes temporarily..." [218 words]Rochelle MichaelsJan 14, 2008 11:26118151
Jewish Identity [86 words]DebraJan 14, 2008 11:24118150
"Right of Return Issues" [87 words]JeremyJan 14, 2008 11:21118149
Right of Return equals destruction of Israel [176 words]ChrisJan 14, 2008 11:18118148
Rights of return [82 words]Steven LJan 14, 2008 11:06118146
God Sent Bush to punish the US, Israel caught in the blowback [163 words]Charles MartelJan 14, 2008 10:47118143
President Bush is a serious Christian [112 words]Ralph C Whaley MDJan 14, 2008 10:43118142
What do Evangelicals think of him now? [406 words]Roy WeinbergJan 14, 2008 10:23118139
right of return [56 words]leo solomonJan 14, 2008 10:08118136
RIGHT OF RETURN [205 words]tasdevilJan 14, 2008 10:03118135
Bush introduces the Palestinian "Right of Return" [65 words]Rich McGahanJan 14, 2008 10:00118134
Who wants to return? [179 words]A v BJan 14, 2008 09:53118133
Tipping the scales in favor of Arabs [287 words]RickJan 14, 2008 09:36118131
"Right of return" part of Bush's Yasir Arafat impersonation [555 words]DrRJPJan 14, 2008 09:30118130
Arafat's Invention: The Palestinian [343 words]Arlinda DeAngelisFeb 10, 2008 21:37118130
Bushh Promotes a Palestinian Right of Return [349 words]Kim SegarJan 14, 2008 09:23118129
BUSH PUSHING ANTI-ISRAEL AGENDA OF STATE DEPT ARABISTS [156 words]G. MarcusJan 14, 2008 09:20118127
Advocating Suicidal Behavior is a Bush Administration Norm [175 words]Paul SaundersJan 14, 2008 07:43118118
Right of Return? [79 words]Elisha GalonJan 14, 2008 07:39118117
law of return [129 words]yuval Brandstetter MDJan 17, 2008 01:27118117
"Right of Return" [195 words]Eve LaingJan 14, 2008 07:22118115
a code phrase to overwhelm Israel demographically ? [43 words]AndreJan 14, 2008 07:21118114
"Right of Return" [30 words]Gerry MandellJan 14, 2008 07:18118113
Exchange right of return Jews to Arab countries [182 words]Rachel GarberJan 14, 2008 06:52118112
Palestinians want a "Right to remain!" [357 words]DrRJPJan 20, 2008 15:37118112
Palestinian "RIGHT OF RETURN" [63 words]DAVID R. GROESBECKJan 14, 2008 06:41118111

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Note: Opinions expressed in comments are those of the authors alone and not necessarily those of Daniel Pipes. Original writing only, please. Comments are screened and in some cases edited before posting. Reasoned disagreement is welcome but not comments that are scurrilous, off-topic, commercial, disparaging religions, or otherwise inappropriate. For complete regulations, see the "Guidelines for Reader Comments".

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