The Legal Owner of Jerusalem in International Law
Jerusalem is perhaps the most contested city in the world and the question ‘Who owns Jerusalem?’ is much debated. Who’s capital is it? Who owns the legal title to Jerusalem? Almost without exception, and ignoring the true legal position, the international community maintains that it should be the capital of two states: Israel and Palestine.
On the other hand, Israel argues that Jerusalem is the capital of the Jewish State. This position is based on the historical connection of the Jews to Israel, Bible prophecy, and the true, legal position based upon the 1920 San Remo Resolution, the 1922 League of Nations Mandate, and Article 80 of the UN Charter. On this basis, Israel proclaimed Jerusalem to be her capital shortly after the declaration of the State of Israel in 1948:
“Whereas with establishment of the State of Israel, Jerusalem once more becomes the capital” [ Knesset, 1950 ]
Pre-1967 ‘Border’ – The Green Line
The 1947 UN Resolution 181, although it called for Jerusalem to be an international city (‘corpus separatum’), never held any force under international law because it was rejected by the Arab side. Today there are frequent International/Palestinian calls for Israel to withdraw from ‘occupied land’ and return to the ‘pre-1967’ borders – which did not embrace East Jerusalem (the 1949 Armistice Green Line divided Jerusalem). But such calls are inconsistent with the true legal position – the 1949 Armistice Green Line is not Israel’s legal border:
The armistice lines of 1948 were intended to be temporary … this, or course, was particularly true of Jerusalem. At no time … did I refer to East Jerusalem as occupied territory [Arthur Goldberg, a drafter of UN Resolution 242]
It would have been wrong to demand that Israel return to its positions of June 4, 1967, because those positions were undesirable and artificial [Lord Caradon, British Ambassador, a drafter of UN resolution 242]
The armistice agreements of 1949 expressly preserved the territorial claims of all parties and did not purport to establish definitive boundaries between them [Prof. Judge Schwebel, former President of the International Court of Justice]
A fact often glossed-over by the media is that Jordan occupied both East Jerusalem and the West Bank during the 1948-49 war and only gained these areas via war and the Green Line of the UN armistice! These areas had never formally been allocated to Jordan and so were strictly unallocated Palestine Mandate territory. Later, between 1949 and 1967 Jordan simply attempted illegal annexation of this newly gained territory, but then in 1988 Jordan formally renounced any claim to the West Bank and East Jerusalem. Eminent legal scholars, such as Prof. Eugene Rostow therefore maintain that Israeli settlers have as much right to live in the West Bank as non-Jews. He states:
Under international law, neither Jordan nor the Palestinian Arab people of the West Bank and the Gaza Strip have a substantial claim to the sovereign possession of the occupied territories. The West Bank should be considered ‘unallocated territory’
The Israeli Government follows this argument and denies that the occupation of the West Bank is illegal on the grounds that the land was not previously occupied lawfully by any other state.
According to international law, Israel has a well-founded claim to sovereignty over Jerusalem, including its Old City …
rights have been granted to the Jewish people in respect to Jerusalem: that they’re entitled to have sovereignty here …
the rights vested in the Jewish people stand on very solid legal ground and are valid to this day
[Dr Jacques Gautier, author ‘Sovereignty over the Old City of Jerusalem’]
Can the UN change sovereignty? Legally, no! Gautier maintains that, under Article 80 and the 1922 Mandate, Jerusalem cannot be divided and that Jews still have the legal right to settle anywhere in mandated land (i.e. west of the Jordan). He states that “in international law, once the title to Palestine was given to the Jewish people, this cannot be nullified retroactively as a result of the introduction of new principles of international law several decades later”. So it is claimed that none of the UN resolutions passed since the San Remo Conference can renounce the Jewish claim to a united Jerusalem. The 1967 war and the strong Israeli measures for changing the reality on the ground in the direction of irreversible ‘ownership’ of Jerusalem have now brought the UN to a defensive mode of approach, hoping unsuccessfully to stop the Israeli claims, link.
Historical Connections of Jews to Jerusalem
The Name: The early name for Jerusalem (in Hebrew pronounced yer-oo-shaw-law-yimthe) is mentioned in the first book of the Jewish Torah (Gen 14.18), when Melchizedek was king of Salem. Salem (which is clearly linked to Zion or Jerusalem in Ps 76.2) is from a Hebrew word (pronounced shaw-lame) which came to mean peace. This text alone is highly significant: Melchizedek, whose name means ‘king of righteousness’, was a priest of ancient Jerusalem and a human type of Jesus Christ who will soon rule as righteous king from the future Jerusalem, a place of peace.
So here we have a strong Jewish link to Jerusalem, written c1445 BC, link, and well before other national claims to Jerusalem. In fact, historic Jerusalem is mentioned 809 times in the Bible, beginning with Joshua 10:1 and ending with Galatians 4:25, link, whilst it is claimed Jerusalem is not even mentioned in the Koran, link, link.
Mount Moriah: This provides another strong historical connection of the Jews to Jerusalem. Mount Moriah is an elongated ridge in Jerusalem’s Old City and the top of the Mount is near the Muslim Dome of the Rock, link. The bedrock here is where Abraham would have walked when he came up to sacrifice Isaac around 1800 BC (Gen 22). It is also believed to be the actual site of the altar of burnt offering in Solomon’s Temple. So historically, Mount Moriah in Jerusalem has been the place of Jewish sacrifice for some 2,000 years.
King David: Around 1405 BC, men of Judah fought against Jerusalem and captured it (Judges 1.8), and King David conquered Jerusalem in 1052 BC (1 Chron 11.4-9). David built Jerusalem into a great city and capital of Israel (2 Sam 5.6-9) and he reigned there for 33 years. So Jerusalem has been the capital of the Jewish people for over 3000 years.
The Temples: The historic links of Jerusalem with the people of Israel are further strengthened by the fact that the city has been the site of two Jewish temples. The first, Solomon’s Temple, was completed in 957 BC but destroyed by Nebuchadnezzar in 587/586 BC. It was restored (in inferior form) by exiled Jews who were allowed to return to Jerusalem to rebuild the Temple and restoration was completed around 515 BC, link.
The Second Temple was modest in size until it, and the whole Temple Mount area, was enlarged by King Herod. It was in this enlarged Second Jewish Temple where Jesus threw out the money changers, and it was this enlarged temple that was destroyed by Titus in 70 AD. The traditional location of the First and Second Temples lies in the immediate vicinity of the present-day Dome of the Rock, link, and the Western Wall is the western retaining wall of King Herod’s expanded Temple Mount.
recognition is thereby given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country, link
World Views on Jerusalem
The Islamic Position
We will never accept a Palestinian state without Jerusalem as its capital [Palestinian leadership]
The facts are that Jerusalem has been a Jewish holy city since the days of King David, and the Temple Mount in the Old City of Jerusalem (the site of two Jewish Temples) is the holiest site in Judaism. But in 638 AD the Muslims captured Jerusalem from the Byzantines and built the al-Aqsa Mosque and the Dome of the Rock on the site of the Jewish Temple. So is the Temple Mount an Islamic holy site too? How important is this site to the Muslim?
For some Muslims the Mount is widely considered to be the third holiest site in Islam. But why is it even the ‘third’? The word ‘Jerusalem’ is not even mentioned in the Quran, but it is mentioned 667 times in the Bible! And while Jews pray facing the Temple Mount, Muslims pray towards Mecca! The following video shows how differently Muslims and Jews treat the Temple Mount:
The Western Political Position
Under the 1947 United Nations Partition Plan for Palestine, Jerusalem’s status was to be that of ‘corpus separatum’, inferring a ‘separate’ city with a special legal and political status due to its shared religious importance. The 1947 plan failed and today the international view prefers a two-state solution, with Jerusalem the capital of both Israel and Palestine, link:
Jerusalem must be the capital of both Israel and Palestine [UN Secretary-General Ban Ki-moon, 28 October 2009]
This view (which is also held by the EU, link) is based on the pre-1967 borders (when Israel did not hold East Jerusalem). The view of individual western countries also denies Israel’s ownership of Jerusalem. In 1994 the UK Government stated, “the British Government does not recognize Israeli sovereignty of any part of Jerusalem” [Malcolm Palmer, Private Secretary to the British Prime Minister]. And in answer to the question: “Is it the view of the United States that Jerusalem is the capital of Israel?“, the US State Department replied:
We are not going to prejudge the outcome of negotiations, including the final status of Jerusalem
[Victoria Nuland, March 2012]
Just a few years later, the US hardened its position, link:
As far as the US government is concerned, Jerusalem is not a part of Israel [US Supreme Court, June 2015]
Clearly, there is confusion and political correctness in the western nations, and not even America or the UN can find a political solution to the Jerusalem problem. This scenario is foretold in end-time prophecy:
I will make Jerusalem a very heavy stone for all the peoples; all who would heave it away will be cut in pieces
The Official Church Position
Although the World Council of Churches (WCC) supports the numerous UN Resolutions against Israel, the prime mover is the Vatican. For instance, the Vatican has claims on Jerusalem real-estate. Vatican officials are now reiterating their demand for control over Jerusalem’s religious sites. Currently, the site known as King David’s Tomb is the Vatican’s major target.
The Biblical View on Jerusalem
The Bible is quite clear – Jerusalem is the city of the Jews and the city of the God of Israel:
Thus says the LORD, I will return to Zion and dwell in the midst of Jerusalem. Jerusalem will be called the City of Truth … for the law will go forth from Zion and the word of the LORD from Jerusalem
(Zech 8.3, Isa 2.3)
For Zion’s sake I will not hold My peace, and for Jerusalem’s sake I will not rest … you shall be called Hephzibah … for the LORD delights in you
And the Lord will take possession of Judah as His inheritance in the Holy Land, and will again choose Jerusalem
Recall that Zion was originally a Jebusite stronghold located in or near Jerusalem, link. Biblically, Zion refers to ancient Jerusalem – the City of David (2 Sam 5.7), or to the present-day Old City of Jerusalem, or to the future, eternal, symbolic Jerusalem (Heb 12.22). So these prophecies clearly show that present-day Jerusalem has just ONE owner – the God of Israel; He ‘delights’ in her, He ‘chooses her’ and He ‘will dwell there’. The nations should take note: God commands them to be silent over these matters (Zech 2.13).
Jerusalem is the LORD’s city and has a glorious future on this earth when Christ returns to live and reign there … see Jerusalem’s Future