By Eli E. Hertz
2nd part of 2
Judge, Sir Elihu Lauterpacht underscored in his investigation of the legal issues
surrounding the status of
"Nothing was said in the Mandate about the internationalization of
fact of relevance now. For it shows that in 1922 there was no inclination to identify the
question of the Holy Places with that of the internationalization of
Arab leaders, including Palestinians, have sought to justify their right to
distorting the meaning of United Nations resolutions that apply to the city. UN
Resolution 181, for example, adopted by the General Assembly in 1947, recommended
However, Arab spokesmen conveniently ignore the fact that Resolution 181 was a nonbinding recommendation.
Professor Julius Stone, one of the 20th century's best-known authorities in
Jurisprudence and international law,(28) notes that Resolution 181 "lacked binding force"
from the outset, since it required acceptance by all parties concerned:
"While the State of Israel did for her part express willingness to accept it, the other states
concerned both rejected it and took up arms unlawfully against it."
Judge Lauterpacht wrote in 1968 about the new conditions that had arisen since 1948
with regard to the original thoughts of internationalization of
"-The Arab States rejected the Partition Plan and the proposal for the internationalization
"-The Arab States physically opposed the implementation of the General Assembly
Resolution. They sought by force of arms to expel the Jewish inhabitants of
and to achieve sole occupation of the City.
"-In the event,
Jews any access to the Jewish Holy Places.(29) This was a fundamental departure from the
tradition of freedom of religious worship in the
centuries. It was also a clear violation of the undertaking given by
Agreement concluded with
"-The U.N. displayed no concern over the discrimination thus practiced against persons
of the Jewish faith.
"-The U.N. accepted as tolerable the unsupervised control of the Old City of Jerusalem by Jordanian forces - notwithstanding the fact that the presence of Jordanian forces west of the Jordan River was entirely lacking in any legal justification.
"-During the period 1948-1952 the General Assembly gradually came to accept that the
plan for the territorial internationalization of
events. From 1952 to the present time virtually nothing more has been heard of the idea
in the General Assembly.
"-On 5th June, 1967,
Today, more than 55 years later,
freedom of religion. Access of all faiths to the Holy Places in the unified City of
assured. Judge, Sir Elihu Lauterpracht confirm this:
"Moslems have enjoyed, under Israeli control, the very freedom which Jews were denied
during Jordanian occupation."(31)
Lastly, it should be noted: If UN Resolution 181 was valid today (which it is not), then so
is the provision in Part III-D that stipulates that after 10 years, the city's international
status could be subject to a referendum of all Jerusalemites regarding a change in the
status of the city – a decision that today, as in the past, would have been made by the
city's decisive Jewish majority.
The UN and
Both the General Assembly and the Security Council have limited influence on the future
Judge Sir Lauterpacht explained in 1968:
"The General Assembly has no power of disposition over
down regulations for the Holy Places. The Security Council, of course, retains its powers
under Chapter VII of the Charter in relation to threats to the peace, breaches of the peace
and acts of aggression, but these powers do not extend to the adoption of any general
position regarding the future of
Originally, internationalization of
the Arab states rejected – both at the UN and 'on the ground,' by:
"a rejection underlined by armed invasion of
The outcome of consistent Arab aggression was best described by Professor, Judge
neighbors, acting aggressively in 1948 and 1967, on the other,
territory of what was
Arab leaders point to UN Resolution 242 as a basis for their claim to
Resolution 242 was adopted after the 1967 War, when
territory captured but merely a withdrawal to "secure and recognized boundaries" that
are to be negotiated by the parties concerned. Arab Palestinians were not a party to the
Arthur Goldberg, the former U.S. Ambassador to the UN (in 1967) who helped draft the
resolution, testified in regard to the omission of
"I never described
In conclusion of the role the UN and international law may play in determining the
lawful and valid.
"(ii) The future regulation of the Holy Places is a matter to be determined quite separately
from the political administration of
means, in effect, the recognition of the universal interest in the Holy Places situated in
formal expression to that interest."
Palestinian Terror in the City of
Palestinian Arabs have concentrated many of their terrorist attacks on Jews in
in the City of
Unfortunately, Arab leaders often turn to violence to gain what they were unable to
achieve at the negotiating table. When talks broke down at
Palestinian Arab leaders unleashed the al-Aqsa Intifada, which has amounted to a fullblown guerrilla war against
It began the day before Rosh Hashanah, the Jewish New Year, when Arab mobs hurled
rocks from the
below. That rock attack turned into a steady campaign of terrorist attacks. As the
priming powder for the Intifada, Palestinian leaders incited Palestinians and Muslims
throughout the world with fables that falsely suggested that Jews began an assault on al-
Aqsa when Ariel Sharon made a half-hour visit to the
hours.(33) The truth is that Palestinians' plans for warfare had begun immediately after
Arafat walked out of the
Why do Palestinians focus terrorist attacks on the City of
despite their rhetoric fully understand
Suicide attacks - on public buses and cafes, malls, and other crowded sites in the heart of
the city - since the 1993 Oslo Accords are designed to make life hell for Jewish
Jerusalemites. Atrocities like the February and March 1996 bombings of two #18 buses
that killed 26 people and the August 2001 bombing of a Sbarro pizzeria (34) that killed 15
(including five members of one family), are part of an ongoing 120-year-old battle for
In April 1920, a three-day rampage by religiously incited anti-Zionist Arab mobs left six
dead and 200 injured in the Jewish Quarter. The attackers gutted synagogues and
yeshivot and ransacked homes. Arabs planted time bombs in public places as far back as
February 1947, when they blasted
leaving 50 dead. This was all done before the establishment of the State of Israel. In the
1950s, Jordanians periodically shot at Jewish neighborhoods from the walls of the Old
City. And after the city was united in 1967, Arabs renewed their battle for the city by
planting bombs in cinemas and supermarkets. The first terrorist attack in that renewed
battle came with the 1968 bombing of
that left 12 dead. The plain facts about Palestinians' behavior clearly demonstrates that
they have forfeited any claims – historical, religious or political – to the City of
IN A NUTSHELL
Although Islamic dynasties controlled
Given the central role
Eli E. Hertz
Copyright - Original materials copyright (c) by the authors.
Fellow of Merton College Oxford and the biographer of Winston Churchill. He is the author of the "
Illustrated History Atlas" (Vallentine Mitchell) and "
4 Psalm 137:5 "If I forget you,
5See Ken Spiro, "
6"The eighty thousand Jews in
just outside the walls, of
made. …" Edwin S. Wallace, Former U.S. Consul "The Jews in
pages of article are in possession of the author).
8"Dome of the Rock" at:
9See Ken Spiro, "
10Daniel Pipes, "If I Forget Thee: Does
11See Ken Spiro, "
12Daniel Pipes, "If I Forget Thee: Does
14See Ken Spiro, "
15Dore Gold, "
of Merton College Oxford and the biographer of Winston Churchill. He is the author of the "
History Atlas" (Vallentine Mitchell) and "
19Dore Gold, "
20For these and more statistics, see "
21Rami Yizrael, "The Jewish Quarter in Old
Zvi Institute at:
22The Right of Return here refers to Arab demands that
1967 – more than four million Arabs by their own estimates – to simply 'overrun'
23According to Egyptian Minister of Waqfs (religious endowments) Mahmoud Hamdi Zakzouk: "Jews have no
legitimate claim to Al-Buraq Wall," April 28, 2001. The Western Wall, it is claimed, was the 'hitching post' where
the Prophet tied his winged steed in "The Night Journey" before ascending into heaven.
24Mark Ami-El, "Destruction of the
August 1, 2002, at:
25Dore Gold, "
26Judge, Sir Elihu Lauterpacht "
Lauterpracht was Judge ad hoc of the International Court of Justice. He also published Aspects of the
Administration of International Justice (1991). He is the Director, Research Centre for International Law at
© 2008, Eli E. Hertz Page 13 of 13
28Professor Julius Stone,
1981). This work represented a detailed analysis of the central principles of international law governing the issues
raised by the Arab-Israel conflict. Professor Stone was recognized as one of the twentieth century's leading
authorities on the Law of Nations and one of the world's best-known authorities in both Jurisprudence and
International Law. His 26 major works include the authoritative texts Legal Controls of International Conflict,
Aggression and World Order, The
29All citizens of the State of Israel were denied access to the Holy Places under
30Draft resolutions attempted to brand
were all defeated by the UN General Assembly and Security Council.
A/L.519, 19 June 1967, submitted by: the
international law, has committed a premeditated and previously prepared aggression against the United Arab
A/L. 521, 26 June 1967, submitted by:
"Resolutely condemns the Government of Israel for its armed aggression against the
of the territory of these countries;" (emphasis added) at:
A/L. 522/REV.3*, 3 July 1967, submitted by:
A/L.523/Rev.1, 4 July 1967, submitted by: Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica,
Dominican Republic, Ecuador, El Salvador, Guatemala, Guyana,
31Judge, Sir Elihu Lauterpracht, "
32Professor, Judge Schwebel. What Weight to Conquest? in "Justice in International Law",
33"What started the al-Aqsa Intifada in September 2000?" at:
34"Suicide bombing at the Sbarro pizzeria in
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