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C. San Remo and Jerusalem

or the Jewish people, whether between 1949 and 1967. Israel “the Zionists’ legal
Freligious or secular, Jerusalem administered the “western” part
is the most sacred city in the world, of the city, and declared it to be claims indirectly
and must remain the capital of its capital. Jordan occupied the
their state. For many religious Jews, “eastern” part of the city, removed conferred sovereignty
Jerusalem will be the site of the the Jews, and destroyed their
promised third Temple, a “house synagogues. on Israel”
of prayer for all nations”, and the
city will be the world capital when Israel recaptured “East” Jerusalem Gauthier and others argue that
Messiah reigns. For Muslims, in the Six-Day War in June 1967. It the Allied Powers possessed in
Jerusalem is the third most immediately applied Israeli law and 1920 the “power of disposition”
important Muslim city. Palestinian jurisdiction to the re-unified city. under international law of all the
and Arab political leaders have In 1980, it declared Jerusalem to former Ottoman territories. The
consistently demanded that be the eternal, undivided capital result of their decision in San Remo
Jerusalem must become the capital of the Jewish State of Israel. The was that, as far as Palestine was
of the Palestinian state they claim. UN Security Council and General concerned, the historical claims of
Assembly rejected all these Israeli the Zionist Organization evolved into
Countless proposals have been initiatives as “illegal” and void of legal claims, that were subsequently
made over the last 100 years to any legal effect. recognized by the Council of the
either internationalise or divide League of Nations in adopting the
Jerusalem. None have succeeded. Four Views about Mandate. Indirectly, San Remo
Sovereignty over conferred sovereignty over Palestine
Jerusalem from San Remo Jerusalem on the Jewish people, and thus
to the Present So who “owns” Jerusalem? In on Israel. Israel never abandoned
In the Mandate period (1922– international law terms, the those rights. After June 1967, they
1948), Jerusalem was the question is: Where does sovereignty re-asserted those rights by declaring
administrative centre. During the over the city lie? Is the Israeli claim Israeli sovereignty over the whole of
War of Independence (1947–1949) to Jerusalem justified? the city of Jerusalem.
the struggle for control of Jerusalem
was perhaps the most decisive There are various different A second argument supporting
aspect of the conflict. After the proponents of the view that Israel the Israeli claim to sovereignty
signing of Armistice Agreements, has a sound claim to the whole over Jerusalem relies on the legal
the city was divided for 19 years city. Canadian scholar Dr Jacques concept of “uti possidetis juris” – an

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