The Mandate for
The
rights granted to the Jewish people in the 1920 San Remo Conference were
confirmed by the 1920 Treaty of Sevres and Lausanne . Furthermore, said rights
were adopted and incorporated by the Mandate for Palestine relating to the establishment of the
Jewish national home, and were to be given effect in all parts and regions of
the Palestine territory. No exception was made for Jerusalem and its Old City ; nor were they singled out for
special reference in either the Balfour Declaration, the 1920 San Remo Treaty,
or the Mandate for Palestine , other than to call for the preservation of existing
rights in the Holy Places. As concerns the Holy Places, including those located
in the Old City , specific obligations and
responsibilities were imposed on the Mandatory.
It
follows that the legal rights of the claimants to sovereignty over the Old City
of Jerusalem similarly derive from the decisions of the Principal Allied Powers
in the 1920 San Remo conference, and from the terms of the Mandate
for Palestine adopted and approved by the Council of
the League of Nations . In evaluating the validity of the
claims of Israel relating to the Old City , the Council decision is of great
significance from the perspective of the rights and obligations that it created
under international law which the UN cannot supersede or modify without the
consent of the parties.
The League of Nations and the UN can only recommend a
resolution. In order for a resolution to be binding it must be agreed to and
executed by the parties concerned. Since the Arabs rejected outright the
partition and most other resolutions, all those resolutions are void and have
no standing whatsoever.
In the view of
The intellectual ties were further solidified by the official opening of the
In
addition to the legal, historical and intellectual heritage, in the words of
Canadian scholar Dr. Jacques Paul Gauthier: “To attempt to solve the Jerusalem
/ Old City problem without taking into consideration the historical and
religious facts is like trying to put together a ten thousand piece puzzle
without the most strategic pieces of that puzzle”. In his monumental work
entitled "Sovereignty Over the Old City of Jerusalem: A Study of the
Historical, Religious, Political and Legal Aspects of the Question of the Old City ", Dr. Gauthier offers an
exhaustive review of these historical/spiritual/political/legal bonds,
emphasizing the “extraordinary meaning” of the Old City of Jerusalem and the
temple to the Jewish people.
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