| Talkback | |
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Title: | JERUSALEM IS A JEWISH ISSUE | |||
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| Name: | Joseph E . post 2 | | |||
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| City: | Givatayim | State: | Israel | | |
| Olmert ...rejected American Jewish leaders assertions that Jerusalem is not an Israeli issue but "a Jewish one." ...Olmert said Jerusalem issue had "been determined long ago" and "the gov`t of Israel has a sovereign right to negotiate anything on behalf of Israel." He said at this stage, the matter was a theoretical rather than practical one, as Jerusalem` subject was not yet on the negotiating table. Don`t you believe it. ...Jacques Gauthier, a Canadian Lawyer just received his PhD after 20 years of research on the Jerusalem legal status and wrote a dissertation of 1300 pages with 3000 footnotes. He is not a Jew and presented his thesis to a panel of 2 leading int`l lawyers and 1 world famous Jewish historian. The reason for so many footnotes was to enable himself to defend his thesis from intense attack by one of the lawyers who happened to be a Jewish anti-Zionist and who had represented the PA on numerous occasions. Here`s what he said in point form: 1. The Balfour Declaration of 1917 started the whole process but it didn`t create legal rights. 2. The San Remo Resolution adopted on 25 Apr. 1920 incorporated the Balfour Declaration of 1917 and Art. 22 of the Covenant of the League of Nations. It was the basic document upon which the Mandate for Palestine was constructed. And it constituted a treaty and was thus legally binding. The High Contracting Parties agree to entrust, by application of the provisions of Article 22, the administration of Palestine, within such boundaries as may be determined by the Principal Allied Powers, to a Mandatory, to be selected by the said Powers. The Mandatory will be responsible for putting into effect the declaration originally made on Nov. 8, 1917, by the Brit Gov`t, and adopted by the other Allied Powers, in favour of the establishment in Palestine of a national home for the Jewish people, -------it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine,------ or the rights and political status enjoyed by Jews in any other country. Arabs weren`t even mentioned He pointed out but civil and religious rights only were accorded other inhabitants . This thereby excludes political rights for Arabs. 3. Article 22 of the Covenant of the League of Nations provides for the creation of mandates. To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, ------there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilisation and that securities for the performance of this trust should be embodied in this Covenant. The legal significance here is that "the well-being and development of such peoples form a sacred trust of civilisation. The Mandatory Power was the trustee of that trust. 4. The resolution of the League of Nations creating the Palestine Mandate, included the following significant recital "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; This had never happened before in history. No such recognition had ever been according to anyone, ever. Palestine was to be held for the Jewish people wherever they lived. |
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