Sovereignty Over the Old City of Jerusalem: A Study of the Historical, Religious, Political and Legal Aspects of the Question of the Old City
Institut universitaire de hautes études internationales, 2007 - Jerusalem - 1142 pages
At the 1919 Paris Peace Conference, the Zionist Organization presented its claim for recognition of the historical and national rights of the Jewish people to Palestine including Jerusalem and its Old City. In San Remo, in 1920, the Allied Powers, holding the power of disposition over Palestine, decided to recognize the Jewish historical claim converting it into a binding international law claim. It was incorporated into the Mandate for Palestine approved by the League of Nations in 1922. This "Sacred Trust of Civilization" provided for the establishment of the Jewish National Home in Palestine based on historical connections and recognition of the grounds for reconstituting their national home in that country, subject to safeguarding the civil and religious rights of its inhabitants. The thesis studies various aspects of the competing claims to sovereignty over the Old City in light of rights previously granted to the Jewish people under international law.
What people are saying - Write a review
This opinion doesn't take into account equity jurisprudence. What was recognized by the Supreme Council of the Allied Principal War Powers was that the Allies agreed to a trust in which the trust res was the political or national rights to Palestine and the cestui que trust was the Jewish People. The trust res vested in 1948 when the Jewish population reached a majority and the Jews had been deemed capable of exercising sovereignty. Another part vested in 1967.
Simply put, the most comprehensive publication ever about the sovereignty of the old city of Jerusalem. This thesis is over 1,000 pages long, has more than 3,000 footnotes, and took 25 years to complete. It goes into tremendous depth about the history of Jerusalem and it's present day legal status.
In some ways you could say that the fate of the entire world rests with the outcome of whatever should happen to Jerusalem in the future, so the importance of this thesis should not be underestimated.
Today you hear one side's leaders claim eastern Jerusalem as the capital for their future state, but I have never heard any convincing argument as to why that should be so, and certainly no legal argument.
On the other hand, the Jewish people and the state of Israel have incredible legal arguments to back up their claim that Jerusalem belongs to them under International Law. This thesis provides ample substance to back up those claims.
Dr. Gauthier does not claim to have a solution to the political problem of who should have what. As an academic he was concerned with only the legal sovereignty and he will let world leaders decide what to do, if anything, with the information he presents.