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    Arutz Sheva Articles

    Diunggah oleh

    Samuel Sokol

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    Arutz eT Sheva Pesterenat Sei IeraeNationaNews.com Hebrew French Russian oO News J NewsBriets J opinion J Judaism J Features J Blogs, ‘Shevat 23, 5709 /Febnuaty 17,09 Soe es Pte oe aS Sol rayers In Incitement 41 7/28/2008 © naan How About a Jewish Right of Return? 03/23/2004 nan Jerusalem: Capital of the Jews? | Shmuel Sokolisthe 7 2/12/2004 naan eon tte atet My Land, Not Yours Mong 11 1725/2004 ann Torah magazine and former campus Holy War, Holy Art “The Legal Foundation L lesderotinenow = g 1/1g2004 mann and (EEA Etset detunct mission Borders of sract israel organization, The Wandering Jew in the United States tinder He lives in 0172004 nian International Law Jerusalem with his ‘wife and two children, Blood and Fire 0122004 niaon eases Sons of the Shtet! » Lidrosh.com eed Ldrosh.com =: 011232008 aun Judaica Heaven an iam Arutz Sheva leraeiNationalNews.com Opinion shevat 23.67 Published: O2/13AM, 2.04 AM Features J Blogs, Jerusalem: Capital of the Jews? by Shmuel Sokol The basic facts of the history of the Eternal City and its status according to Jewish law are well known and to Shmuel Sokolisthe reiterate them in this forum would be preaching to the editor ofthe Torat_ choir. However. | thought that abasic overview was in [& Nisrael biweekly order, to put into context the laws pertaining to the Torah magazine and aprmercampus. ¢tatus of Jerusalem and the possible political leadercfthe now motivations inherent in their formulation. This will allow us a better unders : Israel organization He lives in Jerusalem with nis "7#e relocation of the Unied States embassy to Jerusalem will ‘wie and two chidren, Send 2 clear message to the workd that Jerusalem is the f recognized capital of tho Stato of ierae!?. Tho fact that {srae! stands out a8 the only countiy that does not have our embassy located in its capital is wrong and must be conected immediatel." —» ? New York Governor George E. Pataki incitement + How About a Jewish Right of The basic facts of the history of the Etemal City and its status Return? according to Jewish law are well known and to reiterate them in = MyLand, Not this forum would be preaching to the choir. However, | thought that Yours a basic overview was in order, to put into context the laws Authors Archive pertaining to the ctatus of Jerusalem and the pascitle political » ‘motivations inherent in their formulation. This will allow us a better understanding of what is happening right now and what may be Caricature done in the future to solve existent problems é The besic docurnents that have relevance to this issue arethe Israeli Basic Law: Jerusalem, the 1995 Jerusalem Embassy Act of the United Siates Congress, and two resolutions of the United Nations, one by the Security Council and one by the General Assembly. There will also be oficial press releases and 5 statements by elected offcials pertaining to the issue and a newly floored Bill, which is now in cornmittee, that is meant to expedite the action required by the American legislature, and by extension, the American people, through the passage ofthis Congressional | Act a >New Band a Semantrato additional to these primary sources are such secondary sources "© Bley a Ct as articles detailing the response of various political figures to this matter, and the progress of implementation (ar lack theraol) of this For Israelis Only! Act. This will be folowed up by an in-depth analysis of the issue Hallywoodtothe and some ofthe conclusions thet may be drawn from the facts as aes herein presented. It will be explained why this particular issue has +Adefeated Ehud jelevance to the author and hove thinks thet matters should be handled and what he thinks has been done property, and what FL improperly, and for what reasons, in reyard to this Bill, the Basic Li Law regarding Jerusalem, and the response af the United Nations, as well as the possible impact ofthe forces that made the UN act 2The Will of The as it did in affecting the Executhe's ability and/ar wil ta erforce the yy The Wier Way People laws promulgated by the policymaking branch of the Federal c ol Government of these United States. a orm p ‘The issue that the Bill in question addresses is that of the disputed ESEUIET A status of the city of Jerusalem. Historically, there have been e Jewish, Muslim and Christian claims to this city. The Jewish claim dates back to the Biblical era, and stems fram the canquest and Bil subsequent inhabitancy of Jerusalem 2s the capitalcity ofthe © Kingdom of Judea. There were many periods during the Jewish presence in Judea, prior to the two-thousand-year exile, when a Israel was governed by an outside nation, but it was always the are center of Jewish political, social, econornic and religious life a Leadership Moshe Kempinski During the period ater the rise of Islam and the subsequent rapid sAutatty Makes &*P2nsion of "Dar AL-fsiam” (Muslim land-areas conquered by the a Caneback Caliphate and claimed for eternal property rights and Islamic rulei, gy Russell Cohen Judea fell through Jihad q 2 Stop Nesotiaind Christendom and Islam were at war with each other and Christians fy Pricttemn had alvays venerated Jerusalem for its role inthe story ofJesus, the figure thet Christians believe to be the Messiah. For such a city Running AWay to be under Muslim rule, especially during such a time of enmity jerem) and conflict between two expanding religious spheres of inluence, was considered to be unacceptable by the Vatican. Thus were the ‘Oninion Main Crusades launched, and for a time, Jerusalem fell under the control of European Christians. : At the present time, the Church does not claim ownership over the = city. However, the claims of the Islamic Arab states surrounding Li | present day srael are quite different. Any area of land once rr occupied by Muslims is considered to be holy and consecrated, so. ps ) that rule by any other group is an affront and is not to be tolerated. st Thus, many jollowers of Islam and a large portion of the Arab n populetion ofthe Middle East believe tht it must be brought back ‘Likud Election Under their rule, It is to be remembered, however, that Jerusalem assists ‘was never the capital of an independent Arab or Muslim state a y +H 769 “YESHA afer the 1943 War of Israeli Independence, Jerusalem was a el mays divided city, The eastem half fell under the rnlitary control ofthe ™ Jordarian army. The westem haifwas claimed by the nascent, +Election Night: Jewish state. All ofthat changed in 1967. During the Six-Day War, Yisrael Beiteinu —|srael, having been invaded by her neighbors, not only defended the Dx + Conference territorial integrity of the borders established in 1948, but sloo J Comesto Israel managed to reclaim many areas that had been wrested from Jewish control, These areas were historically Jewish, Furthermore (GETTY, “he excestion ofthe Sina, they were all mctuded in the original British Mandate for Palestine, established by the League of Nations following the First World War. Jeruselem was reunited following the quick Jewish victory and was soon after established by Israeli law as the country's undivided capital city. This was established in tho form of a Basic Law. Since Israel has no constitution, this legal construction forrns the most basic type of legislation in the nation. The general structure of the governmental system and the entire foundation of Israeli law and jurisprudence are guided by the use of Basic Laws. Basic Law: Jerusalem, Capital of Israel (1] (in the absence of a constitution, this is the primary and fundamental type of national law) was thus used to expedite the transfer of all government agencies operating outside ofthe city to Jerusalem and ta officialy establish it as the capital city, The United Nations issued Security Council Resolution 478 stating that all claims made by Israel were null and void. In 1997 end 1999, the Urited Nations again reiterated this point by passing bath General Assembly Resolution 52/63 [2] and United Nations General Assembly Resolution 54/37 [3]. According ta the 1997 Resolution al “adrrinistrative measures and actions taken by Israel, the occupying Power, which have altered or purported ta alter the character and status ofthe Holy City of Jerusalem, in particular the so-called ‘Basic Law’ on Jerusalem and the proclamation of Jerusalem as the canital of Israel, were null and void and must be rescinded forthwith.” This action was not without precedent. [4] The only mamber state to vote against the Resolution was Israel In 1995, the 104th Congress passed the Jerusalern Embassy Act of 1995 [5], in which the legislators stated that "(1) Each sovereign nation, under international law and custom, may designate its ovm capital. @) Since 1950, the city of Jerusalem has been the capital of the State of lsrael?. (@) In 1990, the Congress unanimously adopted Senate Concurrent Resalution 106, which declares that the Congress ‘strongly believes that Jerusalem must remain an Undivided city in which the rights of every ethnic and religious group are protected.’ (10) In 1992, the United States Senate and House of Representatives unanimously adopted Senate Concurrent Resolution 113 of the One Hundred Second Congress to commamorate the 25th anniversary of the reunification of Jerusalem, and reaffirming Congressional sentiment that Jerusalem rust remain an undivided city.” Itis, of course, well known that American de facto approval of the Basic Law would be against the will of the Urited Nations, as evidenced by the above Security Council Resolution and General Assembly Resolutions. However, the United Nations, having a history of passing bills that are inordinately influenced by Arab venom against Israel, should be considered a¢ null and void in America’s deliberations on this issue The distegard for the racism of the UN by upstanding American citizens can be shown by the overwhelming support for Israel in the legislature. Members of both patties, in bath houses, have shown overwhelming support for the transfer of the Americen Embassy from Tel-Aviv to Jerusalem, Furthermore, in the wake of the lraq War, does it not seern thet the current administration does not care to listen to this world body, ifit does not desire to do so? The consensus of the Legislature, representing the America people, was that Jerusalem is and should be a city unified under Jewish rule. They set up a timetable for the implementation of the transferal of the American Embassy to Israel tram Tel-Avivto the actual capital, Such an act would create both de facto and de jue recognition by the United States of America of the status of Jeruselem, Said move was to accur no later than 1299) However, Section 7 of the Act allowed the president the authority to use six-month waivers on the actions called for eatlier in the document. Such waivers can be used indefinitely, every six months, if the President “teports to Congress in advance that such suspension 15 necessary to pratact the national security interests of the United States.” The language of this clause daes net indicate that the chief executive must prove such security concems to Congress, but rather that he report that such is the It is the author's considered opirion that both President Clinton end President G. W. Bush have used such waivers mate for political reasons than for any that held significance to the sefety of America, Clinton used Jetusalem as a bargaining chip when he helped to broker the Osla Accords, seeking ta secure a legacy es @ peacemaker for himself. During his campaign, President Bush promised to act as directed by Congress in 1395, but in June 2001, he staied that he believed that it was “necessary to protect the national security interests ofthe United States" [6] by not renewing the waiver. President Bush is committed to a war on terrar and angering the Arab states would endanger the fragile alliance that he has built i the region. There have been numerous instances of politicians and leeders trying to get this law acted upon, but to no avail. In 1999, a bi-partisan coalition of Senatars led by Jan Kyl (R-AZ) and Joseph Lieberman (0-CT) tied to farce # move on the part of the Clinton administration, threatening to amend the Act by removing the Presidential Waiver right ithe president did rot act on his obligations. (7] In 2003, a resolution was introduced that called for “the recognition of Jerusalem as the undivided capital of Israel before the United States recognizes a Palestinian state, and for other purposes. [8] It has been of great importance to the diplornats that the status of Jerusalem remains onen, The Vatican wants to intemationalize it as does the United Nations. They believe that this will reduce tension. | would contend that such a move would only increase it, as each side now feels deprived and cheated out ofits natural rights. Certain persans in America wart to leave the status open in order to use Jerusalem as a bargaining chip. The excuse that security concems for Americans ate at stake no longer can be believed as a credible excuse far delaying recngrition of Jerusalem as the eternal capital af the Jewish nation It only weakens Istael if they los2 control aver the city. To have hostile Arabs in the midst of the declared certer of government, armed with modem weapons of destruction, such as rackets and grenade launchers, would be a knife sticking directly into the heert Of the only true democracy and best ally that the United States has in the Middle East Were America really as concemed with security concems and foreign policy issues that ensure a safe and protected American body politic, then they would have been spending rore time previous ta 9111 investigating Iran and Saudi Arabia. One is rapidly becoming a nuclear power, the cther provided the manpower and quite possibly the bankrol for the terror attacks of 2001. Instead, successive governments have focused on the securty rarrificaticns of allowing Israel her territorial rights, assurning that Such matters ‘would affoct the stability of the region more than nuclear proliferation or the financing of terror networks. | am quite aware that matters are too complex and deep to be properly analyzed in such a forum as this, and that whatever Conclusions that I draw here are debatable in the details, but | must contend that the rain thrust of what I have said, in terms of foreign policy ramifications and international relations and the dangers discussed above, are correct an the whale, even if! may be proven wrong in regard to the particulars in evaluating the motivations on the part ofthe Executive Branch and State Department. That is entirely possible, and | may have omitted many salient facts, but the conclusions drawn in regard to international dangers and levels af threat are, and shall remain, accurste assessments ofthe current state of affairs centering on the Middle East The current issue of a unilateral pullout from Gaza and the transfer of thousands of Jevs from their homes have a special relevance to this issue. Ifwe ate to show poltical weakness here, it will embalden our enemies ta nress for more, and it will shaw a lack of resolve on the part af the Israeli government to its American counterpart. We wil be pressed for more and mare concessions and Jerusalem is sure to be ane of them. | oppose the Gaza pullout, but its ramifications for the rest of the land overshadow even the worst aspects of this illconceived maneuver. No American politician wants to act mare hawkish in defense of Israel than the government in the Holy Land cues. Ifwe are to shaw ‘weakness, our friends in Congress, no matter haw well-meaning and friandly to our cause, will nat be willing to stand up for our rights. Until we assert dominance over Jerusalem and declare through the process of legislation that never will ts status be up for negotiation, and until we show backbone in response ta terrar and stand fim on Gaza, we will never get the respect or support that America wauld preside, given the chance. Notes [1] Passed by the Knesset on the 17th Av, 5740 (Cth July, 1980) and published in Sefer HaChukdim No. 980 of the 23rd Av, 5740) th August, 1980), p. 186; the Bill and an Explanatory Note were published in Hatza’st Chok No. 1464 of S740, p. 287 woww.nfa.gov.il/mfa/go.asp?MEAHOOhIO [2] www.mfa.gov.ilimfaigo.asp?MEAHOe0s0 [3] www.mfa.qov.il/infaiqo.asp?MFAHOIxw0 [A] The Resolution begins with the follawing words: ‘Recaling its resolutions 35/120 E of 10 December 1981, 37/123 C of 16 December 1962, 36/180 C of 19 December 1983, 35/146 C of 14 December 1904, 40/160 C of 16 December 1905, 41/162 ¢ of 4 December 1986, 42/209 0 of 11 December 1987, 43/64 C of B December 1988, 44/40 C of 4 December 1989, 5/83 C of 13 December 1990, 46/82 6 of 16 December 1991, 47/63 B of 11 December 1992, 46/59 A of 14 December 1993, 49/87 A of 16 December 1994, 50/22 A of 4 December 1995 and 51/27 of 4 December 1996..." [5] US SENATE BILL "S. 1382", Public Law 104-45, 104th Congress, an Act [B] www.ensnews.com [7] Senators led by Jon Kyl (Rep-AZ) and Joseph Lieberman (Dem-C7) plan to send a letter to the White House urging Clinton hot to exercise his right to waiver the embassy move on the grounds of national securty. if Cinton does invoke the wairer, a draft of the letter says, "we will see no option but to amend the Jeruselem Embassy Act to remedy this unacceptable delay in moving the US Embassy to Jerusalem, and recognize Jerusalem as the capital of Israel." The envisaged amendment would remove the president's waiver right, and extend the deadline far the embassy to be moved from Tel Aviv for not more than 12 manths http: www.melchizedek.com/pressinews_19990528.01.htm [8] thomas.loc. gov/egI-bin/query/C2c108:,temp/~c10851T0a0 81 2418 108th CONGRESS ‘Ist Session 8. J. RES. 24 “Providing for the recognition of Jerusalem as the undivided capital of Israel before the United States recagnizes a Palestinian state, and for other purposes. “IN THE SENATE OF THE UNITED STATES Noverrber 14 (legislative day, NOVEMBER 12), 2003 Mr. BROWNBACK (for himself, Mr. CRAPO, Mr. SMITH, and Mr. SANTORUM} introduced the following joint resolution; which was read twice and referred ta the Commitize on Foreign Relations. Shevat 21, 5764 / 13 February 04 sHaRe OA,

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