Monday, June 16, 2008

Condoleezza Rice and Jerusalem

June 16, 2008 | Eli E. Hertz

Two distinct issues exist: the issue of Jerusalem and the issue of the Holy Places. Cambridge Professor Sir Elihu Lauterpacht, Judge ad hoc of the International Court of Justice and a renowned editor of International Law Reports concluded:

"Not only are the two problems separate; they are also quite distinct in nature from one another. So far as the Holy Places are concerned, the question is for the most part one of assuring respect for the existing interests of the three religions and of providing the necessary guarantees of freedom of access, worship, and religious administration [E.H., as mandated in Article 13 and 14 of the "Mandate for Palestine"].

"As far as the City of Jerusalem itself is concerned, the question is one of establishing an effective administration of the City which can protect the rights of the various elements of its permanent population - Christian, Arab and Jewish - and ensure the governmental stability and physical security which are essential requirements for the city of the Holy Places."

Israel reunited Jerusalem as one city in 1967, after Jordan joined the Egyptian and Syrian war offensive and shelled the Jewish part of Jerusalem.

Israeli leaders vowed the city would never again be divided. Despite the disgraceful treatment of the Jewish Quarter and the Mount of Olives under the Jordanians and despite the Arabs' violation of their pledges to make all holy sites accessible to Jews and Christians, one of the first acts Israel undertook after reuniting the city was to guarantee and safeguard the rights of all citizens of Jerusalem.

This included not only free access to holy sites for all faiths but also represented an unprecedented act of religious tolerance. Israel granted Muslim and Christian religious authorities responsibility for managing their respective holy sites - including Muslim administration of Judaism's holiest site, the Temple Mount. Eventually, however, the Waqf, which holds administrative responsibility over the Temple Mount, violated the trust with which it was invested to respect and protect the holiness of the Temple Mount for both Muslims and Jews.

Palestinian terrorism has targeted Jerusalem particularly in an attempt to regain control of the city from Israel. The result is that they have turned Jerusalem, literally the City of Peace, into a bloody battleground and have thus forfeited their claim to share in the city's destiny. Secretary Rice's positions on Jewish settlements in Judea and Samaria including Jerusalem defies international law and make Palestinian Arabs believe that terror works.

The outcome of consistent Arab aggression was best described by Professor, Judge Schwebel, a former President of the International Court of Justice:

"As between Israel, acting defensively in 1948 and 1967, on the one hand, and her Arab neighbors, acting aggressively in 1948 and 1967, on the other, Israel has better title in the territory of what was Palestine, including the whole of Jerusalem." [italics by author]

"... no legal right shall spring from a wrong."

Jerusalem - the spiritual, political, and historical capital of the Jewish people - has served, and still serves, as the political capital of only one nation - the one belonging to the Jewish people.


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