Mark B. Kaplan
(Part 2 of Attorney Howard Grief’s letters will be posted on the next Israelity!)
Have you ever heard of a country that has no capital city?
Have you ever heard of countries pretending a country does not have a capital?
Can a country’s closest “friend” deny your capital is your capital and still be considered a “friend?”
Does this Obama Administration policy violate U.S. law, or is this a political question rather than a legal question?
In the below video, State Department Spokesperson Victoria Nuland could not bring herself to say that Jerusalem is the capital of Israel. She was pressed repeatedly to name the capital of Israel. She refused. There are numerous Joint Congressional Resolutions and laws recognizing Jerusalem as Israel’s capital (specifically “unified Jerusalem”). This also includes a ratified treaty recognizing Jerusalem being within the legal boundaries of the Jewish National Home and prohibits partitioning or ceding any Jewish National territory.
Let’s state the facts:
The State of Israel has a capital.
The capital is Jerusalem.
Barack Obama, while he was a presidential candidate, even admitted that Jerusalem is Israel’s capital at AIPAC when he stated, “Jerusalem must remain the capital of Israel, and it must remain undivided.”
Okay, so, Obama then hemmed-and-hawed to get out of the political quagmire caused by his statement which offended the poor Arabs, but even when trying to weasel his way out of the controversy, Obama still called Jerusalem the capital of Israel. Obama told ABC News, “The fact is, Jerusalem is the capital of Israel. So, I was simply stating a fact.”
Yes, it is simply a fact— Jerusalem is the capital of Israel.
It is not up for negotiation. Jerusalem is the capital of Israel.
Keep saying this over and over.
The United States is legally obligated to recognize Jerusalem as sovereign Israeli territory. Not just “West Jerusalem” or Jerusalem that was under Israel’s control prior to 1967, but all Jerusalem.
Jerusalem is the capital of Israel.
The United States and Britain signed the 1924 Anglo American Convention which is a ratified treaty. That means the two countries are legally obligated to honor the rights laid out in the Mandate for Palestine, of which the Jewish People are the sole beneficiary. The territory mapped for the Mandate includes all Jerusalem, all Judea and Samaria, all the Gaza Strip, and oh yeah, Trans-Jordan.
Yes, I agree with the claim that "Jordan is Palestine," but remember all Palestine is the legal territory of the Jewish National Home. There is no legally recognized Arab nation in Palestine. Arabs right of self-determianation was recognized in Arab countries, like Syria, Lebanon, Mesopotamia (Iraq), and what today is Saudo Arabia, but not in Palestine
The Arabs right of self determination in Palestine was not recognized at San Remo nor through the Mandate for Palestine. Any question about that? please read the minutes from the April 1920 San Remo Conference. I will be uploading this in the near future to the Office for Israeli Constitutional Law web site in the near future.
All Palestine/Eretz Yisrael belongs to the Jewish People, as Winston Churchill stated, “by right and not by sufferance.” These rights are based on “The historical connection of the Jewish People with Palestine and the grounds for reconstituting their home in that country.”
For those who think being Torah observant means, “The only rights we need are the ones G-d gave us,” well, I can’t argue with you. G-d is the only one who grants rights, otherwise they are just priveleges. However, it was those “G-d given rights,” based on the Tanach (Bible), upon which the world body based their recognition of the Jewish National borders. British Prime Minister David Lloyd George defined the recognized borders that would be tied to the Mandate for Palestine as “from Dan to Beersheba,” using the Tanach’s repeated description of Israel’s borders. He explained the term to mean the greater area of land that had been under Jewish control from Joshua through the First and Second Temple periods.
The U.S. is obligated to recognize these borders and Article 5 of the Mandate for Palestine, which prohibits ceding any territory from the Jewish National Home, and article 6 which recognizes the rights for Jews to build anywhere in within the boundaries mapped for the Mandate for Palestine. Any statements made by the U.S. Administration that challenge or attempt to negate these rights, violate the legal doctrine of Estoppel. Estoppel is the prohibition against taking any action, or making any statements that violate a prior legal agreement or obligation.
Since the U.S. recognized Jerusalem as being part of the Mandated Jewish country via the 1924 treaty, the United States Government is legally barred from adopting any policy, taking any action, or making any statement that would appear to imply that the Jewish People no longer have sovereign rights to Jerusalem.
This is not a matter of challenging a President’s foreign policy. The recognition of Jewish legal rights to the Jewish National Home is U.S. law. Violating a treaty, which the constitution refers to as the “Supreme Law of the Land,” is illegal.
The right for the Jewish People to name Jerusalem as our capital, which was done around three-thousand years ago, long before the United States existed, cannot be denied. There is no reason not to adamantly demand the world respect these rights.
My family recently got together with another family. My 9-year-old daughter said she did not want to play with their daughter because this girl is bossy and is always yelling at her. My wife told her, “Before you go to play with her, why don’t you tell her that you don't like it when she yells or bosses you around and that if she wants to play, she will have to treat you with respect.”
Guess what? The other girl responded by being on her best behavior, and they had a good time together.
Likewise, Prime Minister Netanyahu must tell President Obama that if he wants to play, he will have to respect Israel. The Jewish People do not have to be subject to abuse by the U.S. Administration.
If Israeli leaders and Jews around the world would uniformly declare the Jewish State will not have its sovereign rights challenged, perhaps the U.S. would suddenly be able to find Israel’s capital on the map.
Don’t be afraid to stand up for your rights.
Enough is enough !