Jerusalem, the ancient and eternal capital of Israel, has been at the center of countless debates and misconceptions regarding its legal status under international law. The book “Because It’s Just and Right: The Untold Back-Story of the US Recognition of Jerusalem as the Capital of Israel and Moving the US Embassy to Jerusalem” by Farley Weiss and Leonard Grunstein provides a thorough analysis and defense of Israel’s claims to Jerusalem. This article will address and debunk common myths about the legal status of Jerusalem, clarifying the historical and legal truths that support Israel’s sovereignty over the city.
Myth 1: Jerusalem Is an International City
Clarification: The notion that Jerusalem is, or should be, an international city is rooted in the 1947 United Nations Partition Plan, which proposed international administration for Jerusalem. However, this plan was never implemented because it was rejected by the Arab states. Following the 1948 Arab-Israeli War, Jerusalem was divided, with Israel controlling the western part and Jordan the eastern part, including the Old City. In the 1967 Six-Day War, Israel reunified Jerusalem and has since maintained it as its undivided capital.
Myth 2: Israel’s Control of Jerusalem Violates International Law
Clarification: Israel’s legal claim to Jerusalem is well-founded. The 1924 Anglo-American Treaty, which endorsed the Mandate for Palestine, recognized the historical connection of the Jewish people with Palestine and supported the reconstitution of their national home. The Mandate explicitly called for facilitating Jewish immigration and close settlement on the land, including Jerusalem. The San Remo Resolution of 1920 and subsequent League of Nations Mandate further solidified these rights, which were carried over into international law and affirmed by the Vienna Convention on the Law of Treaties.
Myth 3: Jewish Settlements in Jerusalem Are Illegal
Clarification: The claim that Jewish settlements in Jerusalem are illegal often cites the Fourth Geneva Convention, which prohibits an occupying power from transferring its civilian population into occupied territory. However, this provision was intended to prevent atrocities like those committed by Nazi Germany during World War II. Applying it to Israel’s situation is a distortion. Jews have lived in Jerusalem for millennia, and their presence there is a continuation of their historical and legal rights, not a forced transfer.
Myth 4: The UN Resolutions Demand Israeli Withdrawal from Jerusalem
Clarification: United Nations General Assembly and Security Council resolutions often call for negotiations and peaceful resolutions but are not binding international law. Resolutions such as UNSC Resolution 242, passed after the 1967 Six-Day War, call for “withdrawal of Israeli armed forces from territories occupied in the recent conflict” but also affirm the right of every state in the area to live in peace within secure and recognized boundaries. This resolution does not specify Jerusalem and acknowledges the need for a negotiated settlement.
Myth 5: The US Recognition of Jerusalem as Israel’s Capital Is Illegitimate
Clarification: The United States’ recognition of Jerusalem as Israel’s capital in 2017, and the subsequent relocation of its embassy, aligns with historical facts and international agreements. The Jerusalem Embassy Act of 1995, passed by a significant majority in both houses of Congress, acknowledged Jerusalem as the undivided capital of Israel and called for the embassy’s move. This act reflects long-standing US policy and the legal realities established by earlier treaties and agreements.
The book “Because It’s Just and Right” by Farley Weiss and Leonard Grunstein provides a compelling narrative supported by historical documents, legal treaties, and international agreements that affirm Israel’s rightful claim to Jerusalem. The myths surrounding the city’s legal status are often based on misinterpretations or selective readings of international law. By understanding the true legal and historical context, it becomes clear that Israel’s sovereignty over Jerusalem is both just and right. The US recognition of this fact is a step towards acknowledging historical truths and supporting a peaceful and just resolution to the Israeli-Palestinian conflict.