الدكتور عمر رحال
There is no doubt that the timing of the US President’ recognition of Jerusalem as the capital of Israel has on Wednesday December 6, 2017, has its own causes, indicators, meaning and purpose. Therefore, this recognition hasn’t been arbitrary yet not surprising not only due to the expectations or media leaks preceding the announcement, but also due to the American bias to the Israeli positions. In addition to the strategic connection established between the two parties, and the importance of Israel for a state like the US in regard to geostrategic interests. Moreover, the announcement has been concurred with statements made by a number of the ministers in the Israeli government and some members of the Israeli Knesset, and the occupation’s municipality in Jerusalem. About the intent (to waive) some Arabic neighborhoods and villages affiliated with Jerusalem, and to adjoin it to the Palestinian Authority PA considering it of an Arabic majority.
In regard to the timing, the region is busy in conflicts that have occurred in the region and wars, while countries’ are involved in its deteriorating conditions and confronting terrorist and fanatic groups. This announcement is also linked with the electoral program of the US president Trump, and his promise to recognize Jerusalem as the capital of Israel and planning of the relocation of the US embassy from Tel Aviv to Jerusalem .
Within politics and legal system, this recognition will not create a right or a commitment and such gamble will not change the history and geography which affirm that Jerusalem is an occupied land. While the decision of the US presidency is in conflict with the resolution of the International legitimacy headed by the resolutions of the Security Council, UN General Assembly, UNESCO and bilateral agreements signed by the Palestinian Liberation Organization PLO and Israel[1].
Accordingly, State of Palestine as well as Arab & Islamic countries and other countries should disapprove this announcement. Not only because that USA sponsor peace talks between the Palestinians and the Israelis, but because US infringes upon the resolution of the International legitimacy headed by the resolutions of the Security Council, UN General Assembly and UNESCO. As an example, International Security Council issued different resolutions pertaining to Jerusalem[2] specifically in 1967.
Resolution 525 issued by the UN Security Council on 2 May 1968 to Deplores the Israeli military parade in Jerusalem. Additionally, the resolution 253 issued on 21 May 1968 to call upon Israel to rescind all such measures which tends to change the status of Jerusalem. In 1980, UN Security Council issued resolution 465 to dismantle the existing settlements and in particular to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem. On 30 June 1980 the resolution 476 was issued to
reconfirm that all legislative and administrative measures and actions taken by Israel, the occupying Power, which purport to alter the character and status of the Holy City of Jerusalem have no legal validity.
On August 29 1980, resolution 478 was issued to determine that Israeli “basic law” on Jerusalem, is null and void and must be rescinded forthwith. And to call upon those States that have established diplomatic missions at Jerusalem to withdraw such missions from the Holy City.
On 12 October 1990 United Nations Security Council issued resolution 672, to condemn the violence which took place on 8 October at the Al Haram Al- Shareef and other Holy Places of Jerusalem, and affirms that UN considers Jerusalem as an occupied city.
On 30 September 1996 UN Security Council issued resolution 1073 to call on Israel to cease and reverse opening a tunnel with an exit near AL- Aqsa Mosque which had resulted in deaths and injuries within Palestinian civilians, and aggravation in the region.
On October 2000 the resolution was issued as the Council deplored the visit by Ariel Sharon to name AL-Haram AL-Sharif and the subsequent violence which, according to the Resolution, had resulted in the deaths of over 80 Palestinians .
on 12 March 2002, Security Council issued resolution 1397 to Call upon the Israeli and Palestinian sides and their leaders to cooperate for resuming negotiations on a political settlement;
On 23 December 2016, the Security Council issued resolution 2334 which reaffirmed that Israel’s establishment of settlements in Palestinian territory occupied since 1967, including East Jerusalem, had no legal validity. And demand that Israel immediately and completely cease all settlement activities in the occupied Palestinian territory, including East Jerusalem. It also underlined that any changes to the 4 June 1967 lines would not recognized.
Moreover, on November 1996 UNESCO issued decision 150 to reaffirm that old Jerusalem is added to the list of World Heritage Sites in Danger, and to condemn Israeli measures and opening the tunnel next to the western wall of Al-Haram Al-Sharif.
Decision 196 on 22 May 2015 was issued to regret Israel refusal to conform with previously made decisions related to Jerusalem, to express the regret to the damage caused by the Israeli security forces on 30th October 2014 to the historic Gates and windows of the Qibli Mosque inside Al-Aqsa Mosque.
And to express its deep concern over the Israeli closure and ban of the renovation of Al-Rahma Gate building, one of Al-Aqsa Mosque. And to deplore the Israeli decision to approve: the plan to build a two-line cable car system in East Jerusalem.
On 13 October 2016, UNESCO passed a resolution ignoring Jewish ties to the Al-Aqsa Mosque. And Alburaq Wall, and considered it a pure Islamic heritage. While the last decision made by UNESCO Executive Board, affirms the previous decisions which consider Israel an occupying power, and rejects Israeli sovereignty over it[3] .
On the other hand, and following the bloody actions occurred between the Arabs and the Jews, known as the Alburaq revolution in 1929. The committee formulated by the League of Nations in June 1930 concluded that Alburaq wall of and the pavement in front of the wall and in front of the area, known as the Maghariba district opposite to the wall, are all represent an integral part of Al-Haram Al-Sharif (Al-Aqsa Mosque) and are from the properties of Islamic Waqf. The committee was formed from a Dutch, Swiss and Swedish, and visited Palestine, it met people of different nationalities (Palestinians, Syrian, Iraqi, Lebanese, Irish, Indian and Turkish).it is worth noting that it delivered its report to the League Nations in December 1930 [4]
In addition to other diverse resolutions adopted by the UN General Assembly since 1947 until present, which assure the right of Palestinians to establish their independent state on their national land. And assure the refusal of the Israeli occupation’s continuity in occupying Palestinian lands. However, Israel the occupation-based state rejects to comply with the resolutions of the international legitimacy and rejects to move backwards to the lines of June 4, 1967.
Absolutely, the US President Recognition of Jerusalem as the capital of Israel and relocating the US Embassy to Jerusalem is of serious repercussions not only on the Palestinians, but also on the stability of the Middle East. Palestinian Authority, Palestinian people and factions won’t accept this resolution or acknowledge it, since it represents the loss of the reconciliation’s process as a whole. While Palestinian Authority will not accept to negotiate with Israel unless Jerusalem is part of negotiations otherwise it will get in serious trouble before the Palestinian people.
Furthermore, the consequences of the recognition will provoke actions of popular resistance against the Israeli occupation, will get us involved into violence and chaos and this is what Israel seeks to achieve. In regard to Israel, the recognition will increase the extent of settlement both inside & outside Jerusalem and the number of settlers in Jerusalem, and impose additional restrictions on Palestinians inside Jerusalem as the beginning to make them homeless. In addition to attach additional large settlement spots around Jerusalem, expanding the organizational structure of Jerusalem to include enormous areas of the West Bank. Besides, other measures taken by the Israelis in terms of adjoining, confiscation, murdering, and detentions, preventing the freedom of movement, closure and denial of its obligations according to agreements signed with the PLO.
It seems to be clear that Trump’s recognition will put an end to the two-state solution adopted by the Bush Administration, and affirmed by the Quartet and International Security Council. It will raise again the one-state solution in which both the Palestinians and Israelis live equally, so it will end the notion of the Jewish State requested by the Israeli right. Despite the fact that Trump put emphasis if the two parties agreed on the “two-state solution”[5], US will support it.
In regard to the U.S.A, its interests will be in danger while Arabs and Palestinians will not be able to trust in the American policy towards Arab issues in the future, especially the Palestinian issue. Following Trump’s Recognition of Jerusalem as the capital of Israel, and relocating the US embassy, the European Union expressed opposition to this step and affirmed its position which considers Jerusalem as a part of the occupied territories of 1967 [6].
At the Arabic and Islamic levels, countries should take a decisive position and should have a powerful reaction pertaining to the interests between Arabs and the U.S.A. additionally, the Arab League and Islamic Conference Foundation need to apply and implement the decisions made on the ground, besides adopting historical decisions in response to such big intense event caused by the American recognition. Also, Arab, Islamic and Palestinian diplomatic movement should be taken within all levels[7], in terms of proceeding to International Criminal Court to submit settlement issue, since it is considered as ongoing war crime. As well, proceeding to International Court of Justice, The Hague to get at least an advisory judgment on detainees. Regarding international community, the Security Council should be requested to impose immediate sanctions against Israel, or turning to the UN General Assembly if the Security Council blocks this approach due to the expected veto from United States of America.
It is important to call regional foundations including the European Union, African Union and Council of Gulf Countries upon utilizing potentials in order to impose sanctions on Israel. This requires the implementation of General Assembly Resolution 337 (A) (V), and reaffirms the illegality of Israel’s annexation of occupied Jerusalem and the restoration of its status under International Law. And call on the High Contracting Parties to the Geneva Conventions to bear its responsibilities obligations the Palestinian people.
Margins
- Analysts: relocating the US Embassy to the occupied Jerusalem is in conflict with international laws, Jerusalem city website, December 2016. http://www.alquds-online.org/index.php?s=1&id=21207.
- For more details, look Dr., Ibrahim Sha’ban, and Jerusalem within UN resolutions since 1945 to 2010. (Jerusalem: Arab Studies Society, 2011).
- Al-Arabiya website – net, https://www.alarabiya.net/ar/arab-and-world 7/12/2107.
- Dr, Othman Othman and others, Palestinian studies, (Nablus: An-najah National University, 2011). Page 81-82.
- Website of Alwatan Emirate newspaper, Trump recognizes Jerusalem as the capital of “Israel” ignoring international warnings, http://alwatannewspaper.ae/?p=269589.
- EU refuses to relocate US Embassy to Jerusalem, Amad media, 16/1/2017. http://www.amad.ps/ar/?Action=Details&ID=155099.
- Ali Jarbawi, Palestinian issue is blown away by Trump, Alayyam Palestinian newspaper, 7/12/2017 page 5.
[1] Analysts: relocating the US Embassy to the occupied Jerusalem is in conflict with international laws, Jerusalem city website, December 2016. http://www.alquds-online.org/index.php?s=1&id=21207
[2] For more details, look Dr., Ibrahim Sha’ban, Jerusalem within UN resolutions since 1945 to 2010. (Jerusalem : Arab Studies Society, 2011)
[3]Al-Arabiya website – net, https://www.alarabiya.net/ar/arab-and-world 7/12/2107.
[4]. Dr, Othman Othman and others, Palestinian studies, (Nablus: An-najah National University, 2011). Page 81-82.
[5] Website of Alwatan Emirate newspaper, Trump recognizes Jerusalem as the capital of “Israel” ignoring international warnings, http://alwatannewspaper.ae/?p=269589.
[6]EU refuses to relocate US Embassy to Jerusalem, Amad media, 16/1/2017. http://www.amad.ps/ar/?Action=Details&ID=155099
[7] Dr. Ali Jarbawi, Palestinian issue is blown away by Trump, Alayyam Palestinian newspaper, 7/12/2017 page 5.