Saturday, June 23, 2012

Jerusalem in "Mandate" Time

by 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 has said:

"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."

The notion of internationalizing Jerusalem was never part of the "Mandate":

"Nothing was said in the Mandate about the internationalization of Jerusalem. Indeed Jerusalem as such is not mentioned-though the Holy Places are. And this in itself is a 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 Jerusalem."

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. Jerusalem, a city in Palestine, was and is an undisputed part of the Jewish National Home.

Eli E. Hertz


Copyright - Original materials copyright (c) by the authors.

1 comment:

salubrius said...

The grant of exclusive political rights to World Jewry in the British Mandate for Palestine was preserved by Article 80 of the UN Charter. It follows, therefore, that if Internationalization of Jerusalem was not in the Mandate, the UN had no authority to Internationalize Jerusalem as its resolution doing so would detract from the rights granted in the Mandate and accordingly is of no legal effect.

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