The events surrounding the issue of a declaration by US President Donald Trump of Jerusalem are accelerating for Israelis, making some people in constant state of anxiety: what will happen in the city, and will its legal status in the international community and its legal implications change?
"The new Arab" followed the legal view of Trump's decision and spoke with international law expert Rizk Choucair, who said that "the decision to recognize Jerusalem as the capital of the occupation and the transfer of the US Embassy will not affect its legal status in the world. Or distort it or retreat from all its principles. "
How do the United Nations organizations look at Jerusalem legally?
"The American decision is wrong and is contrary to international law, the UN General Assembly and the Security Council." All these institutions affirmed that the legal status of Jerusalem is occupied territory and considered that the Israeli measures taken in the city, especially after its annexation in 1967, are null and void, To the rule of international law ".
"All the actions taken in Jerusalem by Israel as an occupied state are null and void and have no legal consequences in accordance with the Hague Convention of 1907 and the Fourth Geneva Convention of 1949. The Israeli occupation can not, Which establishes any rights or effects on the inherent right of sovereignty of the Palestinian people, because the occupation does not authorize the transfer of sovereignty over Jerusalem to the occupied State, because it is temporary and limited in accordance with the resolutions of the United Nations. "
What is Washington's position on UN resolutions?
The same expert adds that "these decisions were part of the United States, voted in favor of it and did not veto it, international law will not change and Security Council resolutions will not be reversed, because Washington does not decide to change international law or Security Council resolutions "And that Washington" is not an important party in certain international conventions, such as the Rome Agreement which it has not ratified, the Additional Protocols to the Geneva Convention of 1977, the 1899 Hague Convention of 1907, the Fourth Geneva Convention and Additional Protocol I of 1977. "
Is there a possibility that the "occupation" of Jerusalem will change?
"Israel will remain an occupying power," he said. "The international community will say that Jerusalem is no longer part of the occupied territories. Jerusalem is both part of international law and the decisions of the international community are all occupied. "He said.
Is it possible to seize Jerusalem once it is declared the capital of the occupation?
"All the international conventions and the hundreds of resolutions that speak of occupation are firmly established in international law that are more than 100 years old. The entire legal system that the international community has now established through the UN is based on a principle that prohibits the acquisition of the territory of others by force and prohibits Annex ". If Jerusalem is recognized as a capital, Shakir emphasizes, "it is a dangerous political development, but it will not undermine the foundations of international law or affect the decisions of the Security Council."
Are there countries that can follow the example of the United States?
Shakir pointed out that "the Security Council should be convened to issue a resolution asserting the legal status of the occupied city of Jerusalem as an occupied city." He stressed that he did not see any states accepting the US position because "it is a violation of international law and an implicit acceptance of the occupation." And that "what will change in the future regarding Jerusalem, that any international resolution will exercise America's right to veto, and this will become a big problem for the Palestinians."
What can Palestinian and Arab institutions do?
The law professor at Al-Quds University, Muhammad Shalaldeh, said in a legal article prepared for the "New Arab" that what is happening in Jerusalem of violations committed by the Israeli occupation forces is a blatant violation of the principles of international law and international humanitarian law. This requires a legal, Palestinian and Arab position and mechanisms by emphasizing the legal value of United Nations resolutions in all its main and subsidiary organs, which do not recognize Israeli sovereignty over Jerusalem, nor Israeli measures aimed at changing the status quo by annexing the city by a decision of the Knesset.
What is Trump based on in his possible decision on Jerusalem?
According to Shalalda, "based on the Israeli actions in Jerusalem and the decision of the occupation authorities to annex the city, and because of the influence of the Zionist movement, the US Senate (on October 23, 1995) a decision to move the US Embassy to Jerusalem. The United States by the decision of the Israeli occupation, and the US administration declares its intention to recognize Jerusalem as the capital of Israel, and the transfer of its embassy from Tel Aviv to Jerusalem. "
"If the American decision is issued, it is contrary to the resolutions of the UN General Assembly and the Security Council on the occupied territory, including Jerusalem, and contrary to the Oslo agreement between the PLO and Israel," Shalalda said.
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The American decision is a recognition by Washington of Jerusalem as the capital of Israel. This is an embodiment of the Israeli law that the city of its territory is the eternal capital of Israel
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13 violations of international law in Trump's decision
On the basis of the principles and norms of international law and international humanitarian law, Chaladah expressed legal violations of the transfer of the embassy and the recognition of Jerusalem as the capital of Israel, as follows:
First, the American decision is a recognition by Washington that Jerusalem is the capital of the State of Israel, and this is an embodiment of Israeli law that Jerusalem in its western and eastern parts is united as the eternal capital of Israel.
Second, the US decision is contrary to the Charter of the United Nations and international law, which prohibits the occupation of the territory of others by force, and prohibits the mere threat of the use of force in international relations.
Thirdly, the US decision is contrary to the United Nations General Assembly resolution of November 29, 1947, on the establishment of two states (Jewish and Palestinian) and the granting of a special legal status under the tutelage of the United Nations.
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The US decision is contrary to Security Council resolutions and the UN General Assembly
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Fourth: The US decision is contrary to the Security Council resolutions and the UN General Assembly. There are many resolutions that deal with Jerusalem as occupied Arab land and stipulate that the actions taken by the State of Israel regarding Jerusalem are prohibited. I mention here some of those decisions:
- Resolution No. 2253 of 1967 on the General Assembly, which calls for Israel to cancel the measures taken to change the status of the city of Jerusalem.
- The Security Council resolution of September 25, 1971, which states: "The Council affirms, in the simplest and most clear way possible, that all legislative and constitutional measures taken by Israel to change the features of the city, including land confiscation and population transfer, From the city to Israel; void and no trace, and can not change the status of the city. "
- Resolution No. 50/22 (A and B) of 4 December 1995 on the General Assembly, which includes "denouncing the transfer of diplomatic missions to Jerusalem and the reaffirmation of the Hague and Geneva treaties on the Syrian Golan".
Fifth: The US decision is likely to violate the Oslo agreement and the Arab-Israeli treaties.
- The decision is contrary to the Advisory Opinion of the International Court of Justice on the Wall, which confirmed the applicability of the Fourth Geneva Convention to the Occupied Palestinian Territory, including East Jerusalem.
Seventh: The American recognition of Jerusalem as the capital of Israel is intended to facilitate the exercise of Israeli sovereignty over the occupied city of Jerusalem. Thus, sovereignty over occupied Jerusalem can not be transferred to Israel as an occupied state. Under international law, Washington can not recognize Jerusalem as the capital of Israel, as an occupying power that practices the most egregious violations against the Palestinian people.
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American recognition of Jerusalem as the capital of Israel aims to facilitate the exercise of Israeli sovereignty over the city of Jerusalem
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Instead of charging Israel with international legal responsibility for its violations of the rights of the civilian population of Jerusalem, it is rewarded with US recognition of Jerusalem as its capital.
Instead of recognition, legal action must be taken to withdraw recognition of the Zionist entity for its violations of United Nations resolutions and the principles of international law and international humanitarian law throughout the Occupied Palestinian Territory, including East Jerusalem.
Eighth: The recognition of Jerusalem as the capital of Israel means maintaining the status quo based on occupation, unifying the city under Israeli sovereignty in accordance with the annexation of the city by the Israeli Knesset and the annexation of territory by force;
Ninth: The transfer of the US Embassy to Jerusalem strengthens and supports Israeli sovereignty over East and West Jerusalem, based on the decision of the Israeli Knesset to annex the city as the "eternal capital" of Israel, in accordance with the decisions of the World Zionist Congresses.
Tenth: The relocation of the US Embassy legitimizes what Israel has established in Jerusalem, especially since there are talks between the United States and Israel regarding a rental agreement between the two sides concerning the US embassy, which will affect the property of Palestinian refugees in the city. US recognition and embassy transfer contradict the commitments and assurances of all previous US administrations.
The American recognition of Jerusalem as the capital of Israel is contrary to the principle of non-recognition of illegal regional conditions. This principle affirms that all countries of the world should not recognize any act contrary to the principles of international law, an obligation on the States of the world to refrain from recognizing any illegal regional gains.
This was confirmed by the United Nations General Assembly in the 1970 Declaration on Friendly Relations and Inter-State Relations, which states that "any territorial gains obtained through the use or threat of use of force can not be recognized as legitimate."
Twelfth: The American decision violates the legitimate rights of the Palestinian people and prevents the right of self-determination to establish its independent state with Jerusalem as its capital. Such a situation was a case of violation of the norms of international law, and all international efforts - in the United Nations and regional organizations - should be united to stop it.
Thirteenth: The decision to recognize Jerusalem as the capital of Israel opens the door for the countries of the world supporting Israel to take decisions similar to those taken by the United States.
Proposals:
- Call upon the General Assembly and the Security Council to adopt a resolution not to recognize the American decision to recognize Jerusalem as the capital of Israel and to prevent States from transferring diplomatic missions to Jerusalem.
- Call upon the League of Arab States, the Organization of Islamic Cooperation, the Non-Aligned Movement and all regional and international organizations to adopt legal mechanisms and resolutions to nullify the American decision.
3 - Call on the world parliaments to pressure the United States to abide by its previous commitments concerning the city of Jerusalem, in accordance with the resolutions of international legitimacy. - To call upon the High Contracting Parties to the Fourth Geneva Convention to commit Israel to respect this Convention and to apply it to the Occupied Palestinian Territory, including East Jerusalem.
- Request the UN General Assembly to decide not to recognize the US decision if it is issued, and to ask the International Court of Justice to provide an advisory opinion on the legality of the United States recognizing Jerusalem as the capital of the State of Israel and the transfer of its embassy to Jerusalem.