Trump stand shames UN rejection of Jerusalem as Israel's capital

[Published 5 December 2018]

December 6 marks the first anniversary of President Trump’s historic and ground-breaking announcement to recognise Jerusalem as Israel’s capital and move the American Embassy to Jerusalem.

President Trump’s decision flew in the face of UN Security Council Resolution 2334 on 23 December 2016 reaffirming that:

“the establishment by Israel of settlements in the Palestinian territory occupied since 1967, including East Jerusalem, has no legal validity and constitutes a flagrant violation under international law and a major obstacle to the achievement of the two-State solution and a just, lasting and comprehensive peace”

Article 6 of the League of Nations Mandate for Palestine and article 80 of the United Nations Charter conclusively substantiate Israel is not in violation of international law in reconstituting the Jewish National Home in Jerusalem, Judea and Samaria (West Bank), and designating Jerusalem as its capital.

The United Nations General Assembly has yet again shown its total ignorance of this long-established international law with its latest resolution on Jerusalem on 30 November - misleadingly declaring Israel’s actions in Jerusalem “illegal and therefore null and void”.

The preamble to the Jerusalem Embassy Act overwhelmingly passed by the United States Senate (93-5) and the House (374-37) on 24 October 1995 sets out the following facts that underscore the total lack of legal and moral integrity of the United Nations:

1. Each sovereign nation, under international law and custom, may designate its own capital.

2. Since 1950, the city of Jerusalem has been the capital of the State of Israel.

3. The city of Jerusalem is the seat of Israel’s President, Parliament, and Supreme Court, and the site of numerous government ministries and social and cultural institutions.

4. The city of Jerusalem is the spiritual center of Judaism, and is also considered a holy city by the members of other religious faiths.

5. From 1948-1967, Jerusalem was a divided city and Israeli citizens of all faiths as well as Jewish citizens of all states were denied access to holy sites in the area controlled by Jordan.

6. In 1967, the city of Jerusalem was reunited during the conflict known as the Six Day War.

7. Since 1967, Jerusalem has been a united city administered by Israel, and persons of all religious faiths have been guaranteed full access to holy sites within the city.

8. The United States maintains its embassy in the functioning capital of every country except in the case of our democratic friend and strategic ally, the State of Israel.

9. In 1996, the State of Israel will celebrate the 3,000th anniversary of the Jewish presence in Jerusalem since King David’s entry.

The United Nations - in discarding these inconvenient truths - has done the cause of world peace a grave disservice whilst the groundwork for a humanitarian disaster affecting both Arabs and Jews is being plotted by the PLO, Hamas, Hezbollah and Iran.
President Trump made it crystal clear that his decision was:

“not intended, in any way, to reflect a departure from our strong commitment to facilitate a lasting peace agreement. We want an agreement that is a great deal for the Israelis and a great deal for the Palestinians. We are not taking a position of any final status issues, including the specific boundaries of the Israeli sovereignty in Jerusalem, or the resolution of contested borders. Those questions are up to the parties involved”.

Trump’s principled stand on Jerusalem is morally justified and accords with international law. Guatemala has already moved its Embassy to Jerusalem — Brazil is planning to follow.

The United Nations continues to ignore Trump’s message at its peril and to its eternal shame.

Author’s note: The cartoon — commissioned exclusively for this article — is by Yaakov Kirschen aka “Dry Bones”- one of Israel’s foremost political and social commentators — whose cartoons have graced the columns of Israeli and international media publications for decades. His cartoons can be viewed at Drybonesblog

Trump credits Senate bipartisanship for Jerusalem Declaration

[Published 4 February 2018]


President Trump’s State of the Union address was mainly met in stony silence by the Democrats as their Republican rivals continually jumped to their feet to loudly applaud the President’s many achievements at home and overseas during the past twelve months.

Sustained Republican applause greeted Trump’s statement:

“Last month, I also took an action endorsed unanimously by the U.S. Senate just months before. I recognized Jerusalem as the capital of Israel.”

Yet the Democrats chose not to stand and applaud this special moment that was theirs as much as the Republicans - President Trump unreservedly acknowledging the Senate’s pivotal role in his historic Jerusalem Declaration.

Senate Resolution S.Res.176 - passed on 5 June 2017 by 90 votes to 0 — had declared:

“RESOLUTION

Commemorating the 50th anniversary of the reunification of Jerusalem.

Whereas June 2017 marks the 50th anniversary of the Six Day War and the reunification of the city of Jerusalem;

Whereas there has been a continuous Jewish presence in Jerusalem for 3 millennia;

Whereas Jerusalem is a holy city and the home for people of the Jewish, Muslim, and Christian faiths;

Whereas, for 3,000 years, Jerusalem has been Judaism’s holiest city and the focal point of Jewish religious devotion;

Whereas, from 1948 to 1967, Jerusalem was a divided city, and Israeli citizens of all faiths as well as Jews of all nationalities were denied access to holy sites in eastern Jerusalem, including the Old City, in which the Western Wall is located;

Whereas, in 1967, Jerusalem was reunited by Israel during the conflict known as the Six Day War;

Whereas, since 1967, Jerusalem has been a united city, and persons of all religious faiths have access to holy sites within the city;

Whereas this year marks the 50th year that Jerusalem has been administered as a united city in which the rights of all faiths have been respected and protected;

Whereas the Jerusalem Embassy Act of 1995 (Public Law 104–45), which became law on November 8, 1995, states that Jerusalem should remain the undivided capital of Israel in which the rights of every ethnic and religious group are protected; and

Whereas it is the longstanding policy of the United States Government that a just resolution to the Israeli-Palestinian conflict can only be achieved through direct, bilateral negotiations without preconditions for a sustainable two-state solution: Now, therefore, be it

Resolved, That the Senate—

1. recognizes the 50th Anniversary of the reunification of Jerusalem and extends its friendship and hopes for peace to the residents of Jerusalem and the people of Israel;

2.reaffirms its support for Israel’s commitment to religious freedom and administration of holy sites in Jerusalem;

3. continues to support strengthening the mutually beneficial American-Israeli relationship;

4. commends Egypt and Jordan, former combatant states of the Six Day War, who in subsequent years embraced a vision of peace and coexistence with Israel and have continued to uphold their respective peace agreements;

5. reaffirms that it is the longstanding, bipartisan policy of the United States Government that the permanent status of Jerusalem remains a matter to be decided between the parties through final status negotiations towards a two-state solution; and

6. reaffirms the Jerusalem Embassy Act of 1995 (Public Law 104-45) as United States law, and calls upon the President and all United States officials to abide by its provisions."

Republicans and Democrats had come together to draft and unanimously endorse this historic resolution, which had clearly inspired President Trump’s Jerusalem Declaration.

Such bipartisanship has now seemingly disappeared with the release of the Nunes Memo

Recapturing that bipartisanship remains the greatest challenge to Trump making America really great again.

UN vote on Trump’s Jerusalem decision reaches new legal low

[Published 31 December 2017]


The United Nations General Assembly resolution on 21 December 2017 asking nations not to establish diplomatic missions in Jerusalem (“Resolution”) was adopted by 128 of the 193 member States acting in breach of three specific articles in the UN Charter.

1. Article 2(7):

“Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.”

President Trump’s decisions to recognise Jerusalem as Israel’s capital and move the US Embassy from Tel Aviv to Jerusalem were made in accordance with the Jerusalem Embassy Act passed on 24 October 1995 by the Senate 93-5 and the House 374-37.

Trump’s decisions fell squarely within the framework of America’s domestic jurisdiction.

Other countries wanting to follow America by locating their Embassies in Jerusalem are perfectly entitled to do so free of UN condemnation or interference.

2. Article 12(1):

“While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests.”

The Security Council had considered the situation brought about by President Trump’s decisions three days prior to the General Assembly meeting - when a draft UN Security Council resolution rejecting US policy shift on Jerusalem was vetoed by the United States.

The General Assembly was not empowered to make any recommendations whilst the Security Council remained seized of the issue - unless the Security Council requested the General Assembly to so act — which was not the case.

The General Assembly’s Resolution was passed in breach of Article 12 (1).

3. Article 80 (1):

”...nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties."

This article preserves the legal right of the Jewish people to reconstitute the Jewish National Home in Jerusalem in accordance with the Mandate for Palestine—unanimously endorsed by all 51 member States of the League of Nations in 1922.

50 of those League of Nations member States are members of the United Nations and voted on the Resolution as follows:

(i) 11 abstained: Argentina, Australia, Canada, Colombia, Czech Republic, Haiti, Latvia, Panama, Paraguay, Poland and Romania,

(ii) 1 did not vote: El Salvador

(iii) 2 Voted against the Resolution: Guatemala and Honduras

(iv) 36 voted for the Resolution: Albania, Austria, Belgium, Bolivia, Brazil, Bulgaria, Chile, China, Costa Rica, Cuba, Denmark, Estonia, Finland, France, Greece, India, Iran, Italy, Japan, Liberia, Lithuania, Luxembourg, Netherlands, New Zealand, Nicaragua, Norway, Peru, Portugal, South Africa, Spain, Sweden, Switzerland, Thailand, Uruguay, United Kingdom, Venezuela,

The votes of these 36 States delimited the legal rights of the Jewish people that their very own respective countries had been instrumental in creating in 1922.

The other 92 member states who voted for the Resolution also apparently had no qualms in ignoring article 80 (1)

.
Trump was clearly not happy with the UN’s intrusion into America’s domestic affairs - immediately cutting $285 million from America’s proposed 2018 UN Budget with more financial cuts likely to occur.

UN member States reached a new legal low engaging in cavalier conduct involving flagrant breaches of the UN Charter.

The UN slide into irrelevancy continues to gather momentum.

OIC in legal fantasyland over Trump, Jerusalem and Israel

[Published 18 December 2017]


The 57 member States of the Organisation of Islamic Cooperation (OIC) are living in a legal fantasyland of their own creation where non-existent principles of international law supposedly apply.

The final communique issued by the OIC following its Extraordinary Summit held in Turkey on 13 December 2017 makes their flight into legal unreality crystal-clear:

1. OIC members pledged to take joint action on the basis of international law against the statement of President Trump recognising Jerusalem as Israel’s capital.

Yet international law unreservedly recognises the sovereign right of each State to designate its capital and the sovereign right of other States to decide whether to recognise that State and to locate their Embassies in such capital.

The Jerusalem Embassy Act 1995 passed overwhelmingly by the United States Congress recognized and affirmed these long-established legal principles:

“Each sovereign nation, under international law and custom, may designate its own capital…

... Since 1950, the city of Jerusalem has been the capital of the State of Israel

... The United States maintains its embassy in the functioning capital of every country except in the case of our democratic friend and strategic ally, the State of Israel.”

2. The OIC condemned the illegal settlement activities by Israel in the occupied Palestinian territories.

The “occupied Palestinian territories” are in fact “disputed territories” in international law where competing Jewish and Arab claims to sovereignty remain to be resolved.

No binding legal ruling exists to substantiate the OIC’s mendacious claim.

There is however territory-specific legislation that negates this OIC claim — namely article 6 of the Mandate for Palestine and article 80 of the United Nations Charter.

3. The OIC declared President Trump’s statement to be “null and void”.

The OIC acting as judge, jury and Lord High Executioner has deigned to tell an American President he cannot act in accordance with international law.

Dismissing international law by claiming it to be “null and void” has also been adopted by the Palestine Liberation Organization - whose Charter proclaimed that two cardinal planks in international law — the Balfour Declaration and the Mandate for Palestine and all that had been based on them were:
(i) “considered fraud” in 1964 (article 18) and

(ii) “deemed null and void” in 1968 (article 20)

The fictitious “State of Palestine” is among the 22 Arab States that are OIC members.

The Jewish-Arab conflict remains unresolved because the Arabs have never accepted the binding validity in international law of the Mandate for Palestine unanimously endorsed by all 51 then-member States of the League of Nations in 1922:

Albania, Argentina, Australia, Austria, Belgium, Bolivia, Brazil, British India, Bulgaria, Canada, Chile, Colombia, Costa Rica, Cuba, Czechoslovakia, Denmark, El Salvador, Estonia, Finland, France, Greece, Guatemala, Haiti, Honduras, Italy, Japan, Kingdom of Serbs, Croats, and Slovenes, Latvia, Liberia, Lithuania, Luxembourg, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Persia, Peru, Poland, Portugal, Republic of China, Romania, Siam, Spain, Sweden, Switzerland, Union of South Africa, United Kingdom, Uruguay, and Venezuela.

Many of these countries have chosen in 2017 to disregard their own decisions in 1922 which established the framework for two States — one Jewish, one Arab - being eventually created in Palestine.

Today sovereignty in 95% of the territory comprised in the Mandate for Palestine resides in those two States - Israel (17%) and Jordan (78%).

Resolving the Jewish-Arab conflict will become realistically attainable when the OIC:

1. affirms that the Mandate for Palestine is legally binding in international law and

2. recognizes the State of Israel

Cherry-picking bits and pieces of International law or even worse — making it up and refusing to acknowledge its falsity — is a recipe for continuing chaos and disorder.

Media falsely discredit Trump as he confronts UN on Jerusalem

[Published 10 December 2017]


The media has discredited President Trump’s decision to recognize Jerusalem as Israel’s capital - falsely claiming the President has reversed nearly seven decades of American foreign policy. Trump’s decision has pitted America squarely against the United Nations.

The New York Times led the pack declaring:

“President Trump on Wednesday formally recognized Jerusalem as the capital of Israel, reversing nearly seven decades of American foreign policy ...”

Australia’s publicly-funded national broadcaster — the ABC-followed suit with this headline:

“Donald Trump recognises Jerusalem as Israel’s capital, in reversal of decades of policy”

News outlets including Reuters, Financial Times, Iraqi news, Gulf news, and Today parroted this false claim.

America’s policy on Jerusalem is actually laid out in “The Jerusalem Embassy Act 1995 (Act)” passed by the Senate (93-5) and the House (374-37) on 24 October 1995 — specifically highlighted by Trump when announcing his decision:

“In 1995, Congress adopted the Jerusalem Embassy Act, urging the federal government to relocate the American embassy to Jerusalem and to recognize that that city — and so importantly — is Israel’s capital. This act passed Congress by an overwhelming bipartisan majority and was reaffirmed by a unanimous vote of the Senate only six months ago.”

The Act unequivocally states:

“SEC. 3. TIMETABLE.

(a) Statement of the Policy of the United States.

1. Jerusalem should remain an undivided city in which the rights of every ethnic and religious group are protected.

2. Jerusalem should be recognized as the capital of the State of Israel; and

3. the United States Embassy in Israel should be established in Jerusalem no later than May 31, 1999.”

The Act’s preamble details the following facts critical to Congress’s overwhelming vote:

1. Each sovereign nation, under international law and custom, may designate its own capital.

2. Since 1950, the city of Jerusalem has been the capital of the State of Israel.

3. The city of Jerusalem is the seat of Israel's President, Parliament, and Supreme Court, and the site of numerous government ministries and social and cultural institutions.

4. The city of Jerusalem is the spiritual center of Judaism, and is also considered a holy city by the members of other religious faiths.

5. From 1948-1967, Jerusalem was a divided city and Israeli citizens of all faiths as well as Jewish citizens of all states were denied access to holy sites in the area controlled by Jordan.

6. In 1967, the city of Jerusalem was reunited during the conflict known as the Six Day War.

7. Since 1967, Jerusalem has been a united city administered by Israel, and persons of all religious faiths have been guaranteed full access to holy sites within the city.

8. The United States maintains its embassy in the functioning capital of every country except in the case of our democratic friend and strategic ally, the State of Israel.

9. In 1996, the State of Israel will celebrate the 3,000th anniversary of the Jewish presence in Jerusalem since King David's entry.

The morally-bankrupt United Nations has ignored these facts for the last 22 years - choosing instead to pass countless resolutions supporting spurious Arab claims to East Jerusalem that could have been satisfied at any time between 1948 and 1967 following six Arab armies illegally invading Western Palestine and ethnically cleansing East Jerusalem’s entire Jewish population, destroying synagogues and desecrating Jewish cemeteries.

United Nations member States who vote — or abstain from voting — on future resolutions supporting specious artificially-contrived Arab claims in East Jerusalem risk being collectively shamed and internationally castigated.

The media’s latest myth remains unretracted and uncorrected. Trump’s principled decision follows United States policy adopted since 1995.

God bless America.