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Trump, Jerusalem and the UN

In this article, Chris Akiri traces the history of Israel and Jerusalem all the way back to Biblical times, discussing conquests of the region by various peoples, the creation of the State of Israel by General Assembly Resolution 181 in 1947, and supporti

- Chris Akiri, Legal Practition­er, Lagos

On Tuesday, December 7, 2017, the US President, Donald J. Trump, declared Jerusalem as the capital of Israel, promising to relocate the US Embassy from Tel Aviv to Jerusalem. Following this declaratio­n, there was mass hysteria in the Arab world, condemning the declaratio­n as a dead set against the peace mediation process in the Israeli-Palestinia­n imbroglio, and against Internatio­nal Law. I dare say that a sizeable crop of the anti-declaratio­n protesters inveighs against the US recognitio­n of Jerusalem as the capital of Israel from the angle of vision of religion and cheap, emotional sentiments.

Biblical History

From a remote period of antiquity, except on those excruciati­ng periods when it was conquered and occupied by more powerful enemies, the City of Jerusalem, located in the Judean Hills of Israel and appears 719 times in Bible verses, has been the capital of the United Monarchy of Israel over which ruled countless Hebrew monarchs, including, but not limited to, David and Solomon (1 Kings 1:37, 2 Samuel 8:11-21 and 1Kings 8:21). If any other group, including the original inhabitant­s of the City, the Jebusites (not Arabs), refused or omitted to lay claim to their city, such a group would be said to have slept on its rights and overtaken by the equitable doctrine of laches and acquiescen­ce or prescripti­on, for where were the Jebusites, the Perizzites, the Amorites, etc., when David and Solomon, for example, reigned over Israel, with its capital in Jerusalem, for 33 and 40 years on end, respective­ly? The hackneyed Latin maxim, vigilantib­us et non dormientib­us jura subveniunt (the laws aid those who are vigilant, not those who sleep upon their rights),has been held to be valid from time immemorial. Jerusalem was the capital of Israel even when the Romans destroyed the Temple in 70 AD. Israel was and remains “The Promised Land” and Jerusalem, its divinely chosen capital. According to the Almighty Father, in the Holy Writ, “Since the day that I brought forth my people out of the land of Egypt I chose no city among all the tribes of Israel to build a house in, that my name might be there; neither chose I any man to be a ruler over my people Israel. But I have chosen Jerusalem, that my name might be there; and have chosen David to be over my people Israel” (2 Chronicles 6: 5-6).

Creation of Israel

Article 2 (4) of the Charter of the United Nations forbids the use of force in the internal relations of States. Against that background, let us consider the following facts: Israel was created by the General Assembly Resolution 181 in 1947 and, on May 14, 1948, became the sovereign State of Israel. Thirty-three Member States of the UN voted in favour of the Resolution; thirteen against, ten abstained and one was absent. No sooner did Israel become an independen­t sovereign State, than all the Arab States launched ferocious attacks against the young State, in defiance of Resolution 181 of the UN. So, who is setting UN Resolution­s at naught, if we must reason from cause to effect? The wonted discrimina­tion against Israel in the UN, now hallowed by custom, explains why Michael Reisman contends that “Article 2 (4) was part and parcel of a complex collective security process”, emphasisin­g that the obvious collapse of the process, had undermined the original understand­ing behind the sub-section. Correct!

Discrimina­tion?

Or how do you explain the fact that, although Israel has been referred to as the “Occupying Power” 530 times in General Assembly Resolution­s, there has been no single reference to Indonesia, in East Timor, or to Turkey, in Northern Cyprus, to Russia, in areas of Georgia or in Ukraine’s Crimea, to Morocco, in Western Sahara, to Vietnam, in Cambodia or to Armenia, in areas of Azerbaijan as an “Occupying Power”? Anti-Semitism? Or giving credit to the Urhobo aphorism, that the earthworm navigates its way through the softest part of the soil?

Since May 14, 1948, all Arab States and Iran have consistent­ly vowed to remove Israel from the world map. In view of this, Israel has decided to hold on to certain Palestinia­n areas, including the West Bank, Gaza Strip and Golan Heights (captured in the Six-Day war in 1967), as buffer States to prevent a direct incursion of Palestinia­n and other aggressor States into the Israeli State. And Israel is an “Occupying Power”?

Two of the great religions in the world, Christiani­ty and Islam, have their holy places to which their adherents make annual pilgrimage­s - Christians to Jerusalem, in Israel, and Muslims to Mecca and Medina, in Saudi Arabia. Besides this fact, Jerusalem has suffered untold hardships. In its long and chequered history, Jerusalem, in Israel, has been attacked fifty-two times, captured and re-captured forty-four times, besieged twenty- three times and destroyed twice. In April, 637 AD, the same year

the Arabs started their conquest and occupation of North Africa, what later became “The Maghreb”, Caliph Umar travelled from Saudi Arabia to Jerusalem to receive the submission of Jerusalem to his army of conquest. The Arab conquest of that year solidified their control over Palestine, a control that was not to be threatened until the First Crusade in the late 11th century.

Conquering of Jerusalem

According to the Chronologi­cal Reference Points (Middle East Insight)

of January-February, 1999), Jerusalem was conquered by the Canaanites (Jebusites) in 1200 BCE; in 1000 BCE, King David conquered Jerusalem. In 960 BCE David’s son, Solomon, built the First Jewish Temple in Jerusalem. The first Arab conquest and occupation of Jerusalem spanned the period AD 637-1099, during which period the Dome of the Rock was built (AD 691) on the sites of the demolished Temples built by Solomon and other Jews.

The Byzantines (AD 324-614), who built the Church of the Holy Sepulchre in AD 335; the Persians (AD 614-629) and the Byzantine Christians (AD 629-638), were successive conquerors of Jerusalem. Other conquerors of Jerusalem included the Umayyads, the Romans, the Abbasids, the Crusaders, the Ayyubids, the Mamluks and the Ottomans. The City was placed under British Mandate in 1917, after Britain drove away the Ottoman Turks during the First World War (19141918). The British hung on to the City till 1948, when the Balfour Declaratio­n was considered and adopted by the UN.

Quite clearly, the common and unseemly threads that run through the kaleidosco­pic history of Israel’s Jerusalem, are conquests and reconquest­s, including the displaceme­nt,

banishment, exile, dispersion and decimation of the Jewish nation, as well as the expropriat­ion of their property.

Jerusalem Embassy Act 1995

By reason of the historical facts above, and of the gnawing question as to “What is Israel without an undivided Jerusalem?”, the 104th Congress of the United States of America passed the

Jerusalem Embassy Act, now a public law of the US, on October 23, 1995, “to initiate and fund the relocation of the US Embassy from Tel Aviv to Jerusalem, not later than May, 1999.” President Donald Trump’s decision is traceable to that extant Act, which his successive ‘lily-livered’ predecesso­rs had shied away from. Yet, the US already has a capacious Consulate building in Jerusalem, which Ambassador David Friedman could convenient­ly move into; the Israeli Knesset (Legislatur­e), the Israeli President’s and Prime Minister’s official residences are in Jerusalem. Before Trump’s declaratio­n, therefore, Jerusalem had been the administra­tive headquarte­rs or constructi­ve capital of Israel! So, when, the other day, the General Assembly of the UN passed yet another anti-Israel Resolution by a vote of 128 to 9, with 35 abstention­s and 21 absences, demanding that President Trump rescind his declaratio­n regarding Jerusalem, that biased, anti-Semitic body was warning America against executing its own laws!

“PRESIDENT DONALD TRUMP’S DECISION IS TRACEABLE TO THAT EXTANT ACT, WHICH HIS SUCCESSIVE ‘LILYLIVERE­D’ PREDECESSO­RS HAD SHIED AWAY FROM. YET, THE US ALREADY HAS A CAPACIOUS CONSULATE BUILDING IN JERUSALEM, WHICH AMBASSADOR DAVID FRIEDMAN COULD CONVENIENT­LY MOVE INTO; THE ISRAELI KNESSET (LEGISLATUR­E), THE ISRAELI PRESIDENT’S AND PRIME MINISTER’S OFFICIAL RESIDENCES ARE IN JERUSALEM. BEFORE TRUMP’S DECLARATIO­N, THEREFORE, JERUSALEM HAD BEEN THE ADMINISTRA­TIVE HEADQUARTE­RS OR CONSTRUCTI­VE CAPITAL OF ISRAEL!”

 ??  ?? President Donald Trump
President Donald Trump

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