Monday, November 28, 2011

In a nutshell: Why eastern Jerusalem, and Judea and Samaria are Jewish

Arlene Kushner

[] The historical heritage of the Jewish people in the land lies to the east:

In eastern Jerusalem -- the City of David and the Temple Mount.

In Judea and Samaria -- in Hebron (Judaism’s second holiest city) where the ancient Machpelah, the Tomb of the Patriarchs, is situated; Shilo, where the Tabernacle rested; Beit El, where Jacob had his dream; and much more. ] Jerusalem was a Jewish city 3,000 years ago, and has never been a capital in all those years for any nation other than the Jewish nation. In fact, in the intervening time between the destruction of the Second Jewish Commonwealth and founding of modern Israel, the area called “Palestine” (so named by the Romans) was never an independent nation or separate local political autonomy — it was always an appendage to a larger area of conquest, whether by the Romans or various Muslim groups including the Ottomans, or the British. During all of those conquests, a Jewish presence remained.

[] With the Mandate for Palestine of 1922, the League of Nations conferred upon Britain responsibility of developing Palestine as a Jewish homeland: ALL of Palestine, at a minimum from the Jordan River to the Mediterranean Sea. Close settlement by Jews was to be encouraged. That Mandate has never been superseded in international law; the United Nations assumed legal responsibilities.

[] In 1947, because of Arab unrest, the United Nations General Assembly passed a resolution proposing that Palestine be divided into a nation for the Jews and another for the Arabs. The Jews accepted this proposal, the Arabs refused it.

This proposal was no more than that — General Assembly resolutions are not binding within international law. And so this proposal changed nothing with regard to the law. What is more, the Arabs REFUSED what had been proposed for them because they didn’t want to divide the land, they wanted all of it.


[] In April 1948, amidst declarations of the intention to destroy the brand new Jewish state, the Arab League declared war on Israel.

When the Arabs lost, in 1949, Jordan had gained control of Judea and Samaria and eastern Jerusalem; Egypt controlled Gaza. The Jews had the area roughly within what is today called the Green Line, which included western Jerusalem.

The Green Line was an ARMISTICE line, not a border. In fact, when Jordan signed the armistice treaty with Israel, it made mention specifically of the fact that this armistice line was not to prejudice future negotiations for final borders.

This fact alone puts the lie to the notion, so commonly touted today, that Israel’s “proper border” is the Green Line and that everything beyond is Arab.

What is more, the armistice treaty was signed with Jordan, not with some entity called the Palestinian people. The understanding was that Jordan would be on the other side of wherever that eastern border of Israel was finally drawn.

IMPORTANT TO UNDERSTAND: Jordan rendered eastern Jerusalem and Judea and Samaria Judenrein during its 19 year occupation of these areas. This, and this alone, is why these places are referred to as “Arab.” This happened only by default because no Jews were permitted to live there. In eastern Jerusalem, Jordan destroyed synagogues and violated Jewish cemeteries.

All promises made by Jordan to respect Jewish religious rights were ignored and Jews could not visit the Kotel from 1949 to 1967.

It was only during this period, in all of Jerusalem’s 3,000 year history, that the city was divided.

[] In 1967, Israel fought a DEFENSIVE war (the Six Day War) when the Arab states again attempted to destroy her. At the end of this war, Israel was in control of all of Jerusalem, as well as Judea and Samaria, and Gaza (and the Golan). Eastern Jerusalem was subsequently united with the rest of the city under full Israeli jurisdiction and civil law; the right of all religions to their holy places has been honored since. The Golan was incorporated into the civil administration of Israel as well.

In Gaza, and Judea and Samaria, what Israel did was to assume control of what was legally still unclaimed Mandate land. (We have since withdrawn from Gaza, which is now in the hands of the terrorists Hamas.)

Note: The term” occupation” is applied to Israel’s administration of these areas, but the term is being used erroneously: Occupation occurs when the forces of one nation enter the territory of another. This is not the case here as Judea and Samaria were not part of any country. This is still unclaimed Mandate land to which Israel has a very strong claim.

[] At the end of the war, the UN Security Council passed Resolution 242, which called for pullback by Israel from some but not all of the land that she had taken.

The resolution acknowledged that the pre-’67 lines would not be secure borders.

This again puts the lie to any idea that Israel belongs only behind the Green Line.

IMPORTANT TO UNDERSTAND: According to Resolution 242, Israel did not have to withdraw from any land until there were negotiations completed on this issue that assured the territorial integrity, sovereignty and security of all nations – which includes Israel. This has never happened.

Also this: Resolution 242 does not even mention a Palestinian State or a Palestinian people. The understanding remained that negotiations would be with Jordan.

[] The Oslo Accords of 1993 did NOT promise the Palestinian Arabs a state. That term, "Palestinian State" is not mentioned. The final result, after a transitional period of five years, was to be a “Permanent Status, which was widely considered to be an Autonomy.

Claims by Palestinian Arabs that we took “their” land is erroneous. It was never theirs.

Claims by Palestinian Arabs that they were an indigenous people, on the land for many generations, is also a misrepresentation. There is solid documentation for the fact that a substantial part of this group, identified only as part of the Arab nation, migrated into Palestine in the years shortly before the founding of Israel.

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