Corpus Separatum?
Mouin Rabbani · Trump and Jerusalem
Late yesterday evening, ‘a senior administration official’ confirmed that the United States will today recognise Israeli sovereignty over Jerusalem. Given that the policy is to be announced by Donald Trump, a volatile airhead presiding over a highly fractious government, it’s still far from clear how – or even whether – Washington will put forward a new position. But if, as expected, the US does proceed with this measure, the physical relocation of the American Embassy from Tel Aviv to Jerusalem will be the least of it.
For seventy years, the US has, at least formally, aligned its position on Jerusalem with that of the international community and international law. According to UN Resolution 181 recommending the partition of Palestine, passed by the General Assembly on 29 November 1947, the Holy City was ‘established as a corpus separatum under a special international regime’. Israel’s conquest of West Jerusalem during the 1948 Arab-Israeli War and Jordan’s annexation of East Jerusalem in 1950 were never recognised. Israel occupied East Jerusalem in 1967; in 1980 the Knesset passed a law claiming that ‘Jerusalem, complete and united, is the capital of Israel.’ Security Council Resolution 478 declared the measure ‘null and void’.
In other words, pending the establishment of either an international administration as specified in the partition resolution or an alternative arrangement (such as a peace agreement) endorsed by the UN, it has been a foundational principle of the international community’s approach to Jerusalem since 1947 not to recognise any claim to sovereignty over the city, in whole or in part. The principle has been endorsed and applied by every US administration since 1948. It’s the reason that most states, including the US, established their embassies to Israel in Tel Aviv rather than West Jerusalem.
US presidential candidates in recent decades have habitually proclaimed their intention to recognise Israeli sovereignty over the Holy City and relocate the US embassy to Jerusalem, but such displays of political correctness have until now failed to survive contact with reality. Such a dramatic break with seven decades of US and indeed global policy, seeking to unilaterally rewrite international law and predetermine the outcome of eventual Israeli-Palestinian negotiations, would constitute an act of premeditated political pyromania with unforeseen local, regional and global consequences.
There’s an additional twist: in 1989, Israel leased a plot of land to the US on which to build its Jerusalem embassy. Extensive research by Walid Khalidi demonstrated not only that at least 70 per cent of the land is confiscated Palestinian refugee property, but also that many of the heirs of the original owners are today US citizens.
The US Congress in 1995 passed legislation recognising Jerusalem as the capital of Israel and requiring the government to move the US embassy there. Urged on by Binyamin Netanyahu (then Israel’s opposition leader) and AIPAC, both of whom were determined to scuttle the Oslo process, the measure passed with overwhelming bipartisan support. The current crisis exists only because the White House is required to sign a waiver every six months postponing the relocation of the embassy, and this time Trump hasn’t done it.
Given the current level of chaos and conflict in the Middle East, it isn’t easy to predict how the various Arab and regional states will respond, and what the consequences for their rulers will be if – as widely expected – they fail, individually and collectively, to provide an immediate, forceful and energetic response. The frantic appeals to Trump by his closest Arab allies indicate they are genuinely frightened.
American recognition of Israeli sovereignty over Jerusalem would send an unmistakable signal that Washington rejects not only the two-state settlement paradigm but also the Palestinian right to national self-determination in favour of permanent Israeli domination and Palestinian dispossession. It would also indicate that Washington endorses only Jewish and rejects Christian and Muslim rights to the Holy City. The silver lining is that it may lead to the final termination of fruitless Israeli-Palestinian diplomacy under American auspices, which has served only to consolidate Israeli control over the occupied territories.
As for the Palestinian response, at the popular level Palestinians will presumably want their leadership, at the very least, to annul the Oslo Accords, withdraw its 1993 recognition of Israel, and sever both relations with Washington and security collaboration with Israel. Should Mahmoud Abbas seek to avoid political confrontation, or order his security forces to prevent Palestinians from taking matters into their own hands, it could cost him dearly. Yet few people expect him to break meaningfully with either the US or Israel.
The impact on the ‘peace process’, however, will be negligible, for the simple reason that it has long ceased to exist and there are no serious indications of its revival. Trump’s answer to Metternich, his son-in-law and czar of everything Jared Kushner, has so far achieved precisely nothing. It perhaps says all you need to know about them that he and his team – all active supporters of Israel’s settlement enterprise in the occupied Palestinian territories – appear to believe this change of policy will contribute to a Middle Eastern version of the Concert of Europe.
Comments
The rapturous applause for Netanyahu’s speech to the US Congress which undermined Obama's policy toward Iran exposed US lawmakers who were delighted to collude with a foreign power against their own country.
Corpus seperatum has been effectively annulled by Arab assault on Israel 1948. Funny enough, Bethlehem was also a part of this "international zone", but nobody seems to question the Arab claim to this holy city...
Earlier this year, Russia recognized West Jerusalem as capital of Israel.
Israel's belligerent, brutal and illegal occupation of East Jerusalem (and other Arab lands) is in gross violation of international law, i.e.,the UN Charter, The Fourth Geneva Convention, and the Rome Statute, which are binding on all UN members. (There is no special provision in international law that enables Israel to violate it with impunity.)
You neglected to note that Russia also recognized East Jerusalem as the capital of a future Palestinian state.
Rubbing salt into the wound, the United States quashed a proposal based on international law put forth by Arab delegates at the UN that a referendum be conducted in Palestine to determine the wishes of the majority regarding the Partition Plan. The United States also thwarted their request to have the matter referred to the International Court of Justice.
48% of the total land area of mandated Palestine was privately owned (‘mulk khaas’) by Palestinian Arabs. (As noted, total Jewish privately owned land was only between 6% and 7%.) About 45% of the total land area was state owned, i.e. by citizens of Palestine, and it was comprised of Communal Property (‘mashaa’), Endowment Property, (‘waqf’), and Government Property, (‘miri’.) (The British Mandate kept an extensive land registry and the UN used the registry during its early deliberations. It has in its archives 453,000 records of individual Palestinian owners defined by name, location & area.)
Land ownership by Sub-district in all of mandated Palestine, 1947:
Acre: 87% Palestinian Arab owned, 3% Jewish owned, 10% state owned; Safed: 68% Palestinian Arab owned, 18% Jewish owned, 14% state owned; Haifa: 42% Palestinian Arab owned, 35% Jewish owned, 23% state owned; Nazareth: 52% Palestinian Arab owned, 28% Jewish owned, 20% state owned; Tiberias: 51% Palestinian Arab owned, 38% Jewish owned, 11% state owned; Jenin: 84% Palestinian Arab owned, less than 1% Jewish owned, 16% state owned; Beisan: 44% Palestinian Arab owned, 34% Jewish owned, 22% state owned; Tulkarm: 78% Palestinian Arab owned; 17% Jewish owned, 5% state owned; Nablus: 87% Palestinian Arab owned, less than 1% Jewish owned, 13% state owned; Jaffa: 47% Palestinian Arab owned, 39% Jewish owned, 14% state owned; Ramleh: 77% Palestinian Arab owned, 14% Jewish owned, 9% state owned; Ramallah: 99% Palestinian Arab owned, less than 1% Jewish owned, less than 1% state owned; Jerusalem (West and East): 84% Palestinian Arab owned, 2% Jewish owned, 14% state owned; Gaza: 75% Palestinian Arab owned, 4% Jewish owned, 21% state owned; Hebron: 96% Palestinian Arab owned, less than 1% Jewish owned, 4% state owned; Bersheeba (Negev): 15% Palestinian Arab owned, less than 1% Jewish owned, 85% state owned. (Village Statistics, Jerusalem: Palestine Government, subsequently published as United Nations Map no. 94b, August, 1950)
In 1947, the total population of West Jerusalem (the New City) and East Jerusalem (the Old City) and their environs was about 200,000 with a slight Arab majority. (Professor Walid Khalidi, Harvard, "Plan Dalet," Journal of Palestine Studies, Autumn, 1988, p. 17)
The total land area of West Jerusalem (the New City) in 1947 was 19,331 dunams (about 4,833 acres) of which 40 per cent was owned by Palestinian Muslims and Christians, 26.12 per cent by Jews and 13.86 per cent by others, including Christian communities. Government and municipal land made up 2.90 per cent and roads and railways 17.12 per cent.
East Jerusalem (the Old City) consisted of 800 dunams (about 240 acres) of which five dunams (just over one acre) were Jewish owned and the remaining 795 dunams were owned by Palestinian Muslims and Christians. ("Assessing Palestinian Property in the City," by Dalia Habash and Terry Rempel, Jerusalem 1948: The Arab Neighbourhoods and their Fate in the War, edited by Salim Tamari, The Institute of Jerusalem Studies, 1999, map, pp. 184-85)
Although Palestinian Arab citizens made up at least 69% of the population and to repeat, privately owned 48% of the land, the Partition Plan recommended they receive only 42% as a state. (The 2% of Palestine comprised of Jerusalem and Bethlehem was to be placed under international control, i.e, a corpus separatum.)
No wonder Palestinians rejected the Partition Plan. Indeed, it proved so unworkable that when Polish born David Ben-Gurion (nee, David Gruen) et al. declared the “Jewish State” of Israel effective 15 May 1948 (after Jewish forces had already dispossessed and expelled 400,000 Palestinians – e.g., 30,000 from West Jerusalem in March (and a further 30,000 in May), 60,000 from Haifa in April, 75,000 from Jaffa in late April and early May), the UNGA was in the process of shelving the Partition Plan in favor of a UN Trusteeship.
When war erupted due to necessary intervention by reluctant outnumbered/outgunned Arab state armies to stem the accelerating expulsion of Palestinians, a US proposed cease-fire was accepted by the Arab League but rejected by Israel.
During the war Israel seized 78% of Palestine (22% more than the Partition Plan recommended, including large portions of the proposed Palestinian state, e.g., Jaffa and Acre), expelled 400,000 more Palestinians for a total of about 800,000 (as declared by Walter Eytan, then Director General of the Israeli Foreign Ministry) and went on to destroy over 500 of their towns and villages, including churches, mosques and cemeteries.
It was only the beginning of the Zionist's conquest of Palestine and the expulsion of its indigenous Arab inhabitants.
BTW, The repeated assertion by Israel’s leaders and other Zionists that Palestinians fled their homes and properties in 1948 because they were told to do so by Arab leaders to make way for incoming Arab armies has long-since been debunked. To quote John H. Davis, who served as Commission-General of UNRWA at the time: "An exhaustive examination of the minutes, resolutions, and press releases of the Arab League, of the files of leading Arabic newspapers, of day-to-day monitoring of broadcasts from Arab capitals and secret Arab radio stations, failed to reveal a single reference, direct or indirect, to an order given to the Arabs of Palestine to leave. All the evidence is to the contrary; that the Arab authorities continuously exhorted the Palestinian Arabs not to leave the country.... Panic and bewilderment played decisive parts in the flight. But the extent to which the refugees were savagely driven out by the Israelis as part of a deliberate master-plan has been insufficiently recognized." (John H. Davis, The Evasive Peace, London: Murray, 1968)
GET EDUCATED!!
UN resolution 181 is not international law because it was partial and had no legitimacy from the start.
Indeed it only got that far because of the zionist lobbying and threats to the countries that supported it (plus the realpolitik of the Soviet Union).
Israel was created by terrorism, and the failed Arab resistance is irrelevant.
Israel's ongoing ethnic cleansing will continue until Jewish communities in other countries confront that their own integrity, their own humanity, is rendered null by the apartheid state of Israel.
http://www.israelnationalnews.com/Articles/Article.aspx/20666
As for the rest, the idea that Jewish threats intimidate the world is a notion held by Jew haters everywhere, so welcome to the club.
Hendrik Verwoerd, then prime minister of South Africa and the architect of South Africa’s apartheid policies, 1961: “Israel, like South Africa, is an apartheid state.” (Rand Daily Mail, November 23, 1961)
Jacobus Johannes Fouché, South African Minister of Defence during the apartheid era, compared the two states and said that Israel also practiced apartheid.
(Gideon Shimoni (1980). Jews and Zionism: The South African Experience 1910-1967. Cape Town: Oxford UP. pp. 310–336. ISBN 0195701798.
“Former Foreign Ministry director-general invokes South Africa comparisons. ‘Joint Israel-West Bank’ reality is an apartheid state”
EXCERPT: “Similarities between the ‘original apartheid’ as it was practiced in South Africa and the situation in ISRAEL [my emphasis] and the West Bank today ‘scream to the heavens,’ added [Alon] Liel, who was Israel’s ambassador in Pretoria from 1992 to 1994. There can be little doubt that the suffering of Palestinians is not less intense than that of blacks during apartheid-era South Africa, he asserted.” (Times of Israel, February 21, 2013)
Video: Israeli TV Host Implores Israelis: Wake Up and Smell the Apartheid
https://www.youtube.com/watch?v=QyyUvxHLYr4
In its 2015 Country Report on Human Rights Practices for Israel and the occupied Palestinian territories, the U.S. Bureau of Democracy, Human Rights and Labor acknowledges the “institutional and societal discrimination against Arab citizens of Israel.” (U.S. Department of State, Bureau of Democracy, Human Rights and Labor)
“Construction, Not Destruction”
“While Israeli Arabs constitute 20 percent of the population, Arab communities’ jurisdictions occupy just 2.5 percent of the state’s land area, and the process of approving new construction in Arab towns takes decades.” (Haaretz Editorial, April 4, 2017)
One example of apartheid within Israel:
“Jewish town won’t let Arab build home on his own land ”
Excerpt: “Aadel Suad first came to the planning and construction committee of the Misgav Local Council in 1997. Suad, an educator, was seeking a construction permit to build a home on a plot of land he owns in the community of Mitzpeh Kamon. The reply he got, from a senior official on the committee, was a memorable one. ‘Don’t waste your time,’ he reportedly told Suad. ‘We’ll keep you waiting for 30 years.’” (Haaretz, 14 December 2009)
Ronnie Kasrils, a key player in the struggle against the former South African apartheid regime, minister for intelligence and a devout Jew: "The Palestinian minority in Israel has for decades been denied basic equality in health, education, housing and land possession, solely because it is not Jewish. The fact that this minority is allowed to vote hardly redresses the rampant injustice in all other basic human rights. They are excluded from the very definition of the 'Jewish state', and have virtually no influence on the laws, or political, social and economic policies. Hence, their similarity to the black South Africans [under apartheid]." (The Guardian, 25 May 2005)
Shlomo Gazit, retired IDF Major General: "[Israel's] legal system that enforces the law in a discriminatory way on the basis of national identity, is actually maintaining an apartheid regime." (Haaretz, July 19, 2011)
Israel is the only country in the world that differentiates between citizenship and nationality, i.e., “Israeli” nationality does not exist, only Jews and non-Jews, and each citizen carries an appropriate identity card. While the implications of this absurdity for discrimination and racism against non-Jews are obvious, it has been upheld by Israel’s Supreme Court.
The effect of Israel’s blatantly racist “Citizenship Law” and more than fifty other restrictions Arab citizens have to endure is well expressed by writer and Knesset member, Ahmed Tibi, “…dutifully defining the state [of Israel] as ‘Jewish and democratic,’ ignores the fact that in practice ‘democratic’ refers to Jews, and the Arabs are nothing more than citizens without citizenship.” (Ma’ariv, 1.6.2005)
No mantra but an accurate label for the structure erected from day one. Uri Davis' Apartheid Israel is instructive in this respect.
Laughable really, ignominious, contemptible, that one should feel comfortable with one's own propaganda.
Tribalism is a fearful dissolver of one's humanity, not to speak of one's claim to intelligence.
It's not a good look.
I have replied to the apartheid fiction in the link above. I realize that you require instruction about a country you've never seen where people speak a language you don't understand but you are unfortunately unequipped to evaluate it, whether it's from Uri Davis or anyone else.
France is a secular state. Turkey is theoretically a secular state. Israel is an ethnoreligious state that discriminates not only against Arabs but also against less favoured groups of Jews.
As I've already written: Criticize Israel in the language of criticism and I’ll reply in kind. Criticize Israel in the language of hatred and I’ll expose you for what you are. The language of farthington is the language of hatred. Accusing Jews of thinking of themselves as a "superior race" and of being crybabies about the Holocaust and all the other massacres, as farthington does, is a mantra of antisemitism.
This is the sine qua non - right? To show my bona fides as a critic of Israel I must launch my attack on its conduct the widest possible front at the same time as I direct my barbs at the country and, preferably, before I do so. Otherwise I am guilty of the thou shalt not of "singling out" or the crime of "hating" and am enjoined by common sense to keep my mouth shut about its barbarities.
On this reasoning, no-one was entitled to take South Africa to task who did not - previously or simultaneously – meet the requirement of criticizing Pol Pot’s Cambodia or holding to account the behaviour of the many other states in which atrocities were being perpetrated. A rather long list, but such is life (and logic).
Have I understood?
The Jebusite/Canaanites, ancestors of today’s Palestinians, who along with their ancestors have lived continuously between the River and the Sea for at least 15,000 years,** founded Jerusalem around 3000 BCE. (It is estimated that the biblical Hebrews did not arrive until circa 1800 BCE and the United Jewish Kingdom, which never controlled the coast from Jaffa to Gaza, lasted a mere 75 years, less than a blip in the history of Canaan and Palestine.)
Originally known as Jebus, the first recorded reference to it as “Rushalimum” (or “Urussalim”) appears in Egyptian Execration Texts of the nineteenth century BCE, nearly 800 years before it is alleged King David was born.
BTW, thus far, no archaeological evidence, or more importantly, writings of contemporaneous civilizations, have been found that prove Solomon or David actually existed. (Nor has any evidence been discovered to confirm that the Jewish exodus from Egypt ever occurred. )
To quote renowned Jewish Israeli writer/columnist, Uri Avnery: “[David and Solomon’s] existence is disproved, inter alia, by their total absence from the voluminous correspondence of Egyptian rulers and spies in the Land of Canaan.” (“A Curious National Home,” by Uri Avnery, May 13/17 –
http://zope.gush-shalom.org/home/en/channels/avnery/1494589093/)
**
http://journal.frontiersin.org/article/10.3389/fgene.2017.00087/full
Front. Genet., 21 June 2017 | https://doi.org/10.3389/fgene.2017.00087
The Origins of Ashkenaz, Ashkenazic Jews, and Yiddish.
Recent genetic samples from bones found in Palestine dating to the Epipaleolithic (20000-10500 BCE) showed remarkable resemblance to modern day Palestinians.
EXCERPTS:
“The non-Levantine origin of AJs [Ashkenazi Jews] is further supported by an ancient DNA analysis of six Natufians and a Levantine Neolithic (Lazaridis et al., 2016), some of the most likely Judaean progenitors (Finkelstein and Silberman, 2002; Frendo, 2004). In a principle component analysis (PCA), the ancient Levantines clustered predominantly with modern-day Palestinians and Bedouins and marginally overlapped with Arabian Jews, whereas AJs clustered away from Levantine individuals and adjacent to Neolithic Anatolians and Late Neolithic and Bronze Age Europeans.”
“Overall, the combined results are in a strong agreement with the predictions of the Irano-Turko-Slavic hypothesis (Table 1) and rule out an ancient Levantine origin for AJs, which is predominant among modern-day Levantine populations (e.g., Bedouins and Palestinians). This is not surprising since Jews differed in cultural practices and norms (Sand, 2011) and tended to adopt local customs (Falk, 2006). Very little Palestinian Jewish culture survived outside of Palestine (Sand, 2009). For example, the folklore and folkways of the Jews in northern Europe is distinctly pre-Christian German (Patai, 1983) and Slavic in origin, which disappeared among the latter (Wexler, 1993, 2012).”
As has been pointed out more than once, Jerusalem was the capital of the Kingdom of Judea when the residents of London were still swinging from trees. It is the historical center of the Jewish nation and is today the de facto capital of the State of Israel, and incidentally the place where all foreign diplomats present their credentials without any qualms whatsoever. Whether this or that declaration by Trump helps or hinders the peace process is an entirely different matter, but one way or the other the Palestinians aren't going to get a state until they return to the negotiating table.
Israel is a secular Jewish national state and the Arabs living there are a national minority with all that entails and certainly a lot better off than Kurds in Turkey, who couldn't even use their own language in public, and wouldn't consent to living under Palestinian sovereignty for all the money in the world, with or without the discrimination, which has not a little to do with the fact that they identify with an Arab nation whose declared aim has been to destroy the Jewish state.
Israel, i.e., west of the green line, is a thoroughly documented apartheid entity.**
** Israel is neither a state nor a country, i.e., it has yet to officially declare its borders and have them accepted as such by the international community.
What's there to like?
Devotion to this monster and its barbarism is a transparent pathology.
Not least given that Israel and its fellow travellers have appropriated the Jewish holocaust and the conceptualisation of anti-Semitism. The 'jew hatred' canard is the refuge of the desperate. Jew hatred seems to be an ace in the state of Israel's strategic pack.
Gideon Levy,a regular reporter from the West Bank for decades, asked himself how has this monstrosity been established in entrenched?
From his observation of his own society and politics, three tenets:
1. Jews are a superior race.
2. Jews are the major victim in history, indeed the only victim.
Nobody is going to tell them what to do.
3. Palestinians are sub-human.
Is there a better explanation for the ongoing Occupation?
But you are a hater, aren't you? You're telling us that yourself.
But arguing with the like of Fred Skolnik is always a mistake. (See Orwell, Notes on Nationalism.)
Turkey is certainly the example. Israeli Arabs are a national minority. Find someone to tell you what that means or look it up in a political dictionary if you're not familiar with the term.
A national minority is a minority whose national identity is different from the national identity of the national majority and whose primary allegiance is to a nation other than the one they are living in.
Even in the best of circumstances, a national minority is going to be living in a country whose national life is dominated by the national majority and whose national institutions and symbols are those of the national majority. When the two nations are at war, a very problematic situation is going to arise. Cynically and maliciously hitching a ride on the natural tensions between the two national groups within Israel in order to vent your hostility to the Jewish state says more about you than about the State of Israel.
And if you wish to rewrite the dictionary, become a lexicographer. No one empowered you to expand or redefine commonly understood terms of opprobrium like apartheid and racism so that haters can apply them to countries they don't like.
And as for the crime of apartheid as commonly understood, this has been defined both by the ISCPCA and the ICC and ratified by the United Nations General Assembly.
Look it up.
http://www.israelnationalnews.com/Articles/Article.aspx/20666
And since you "live in Israel." then you know that Jews do not consider themselves as a separate race from the Arabs, even referring to them as "the cousins" (benei ha-dodim). Why don't you identify yourself. Tell us where you live in Israel and why you live there when you are so filled with hatred for the country. You are British, arem't you?
And what difference does it make what the Nazis said about the Jews in this context? The national identity of Germany's Jews was German. They didn't identify with countries hostile to Germany. The national identity of Israli Arabs is Arab and they do identify with countries hostile to Israel. Nonetheless their condition in Israel is far better than a national minority like the Kurds in the Muslim world and, as I said, would not live under Palestinian sovereignty for all the money in the world.
But what do I know? You are obviously so much cleverer and better informed than I am, Fred...
But are you afraid to answer the questions I asked you? Why don’t you identify yourself. Tell us where you live in Israel and why you live there when you are so filled with hatred for the country. You are British, arem’t you?
To my ears it sounds nauseatingly racist.
In answer to last your query: I'm not British and (God be thanked) no longer live in Israel. But "hatred for the country"? Nonsense. I'm fond of the place in so many ways (climate, people, culture, food etc), have family and friends there. But like so many other observers, Israeli and foreign (though obviously unlike its champions like yourself, whose hear-no-evil-see-no-evil does it no favours) I think the country, its armed might and current prosperity notwithstanding, is in the long run doomed. And speaking of it as it as I and others on the LRB Blog have done is an effort to explain why, not to slander it.
That you take this as evidence of antisemitism is as predictable as it is sad.
Are they therefore to be thought of as to think of themselves as a disloyal "national minority"? As well say that the sympathies of American Jews for Zionism render them essentially foreigners, potential traitors whose sympathies with the Jewish national movement place a question mark over their identity as Americans.
American Zionists do not become anti-American terrorists. Few Israeli Arabs becaome terrorists either though in certain quarters there is some sympathy and even identification with the terrorist organizations. Israel's security forces are vigilant but not oppressive. Elements in the general Jewish population (a fairly small percentage) are indeed hostile to the Israeli Arabs and this is partly against the background of the conflict, partly a reaction to how Jews were oppressed in Arab countries (among Eastern Jews)and partly bigotry. As for institutional discrimination, that too is colored by the conflict but there is recognition in the present government that the country has to invest more in the Arab population. That is the reality.