International Law Argument Against UNSC 2334 and Barack Hussein Obama's Rendition

 Nadene Goldfoot                                                    

Reminder:  Jerusalem has been the capital of Israel and of Judah  from King David's realm of 1010 BCE until 70 CE when Romans burned it all down.  

The title of a book that tells all about how Obama's goal was to get Jerusalem's Western Wall out of the hands of the Israelis was written in 2017. That is pretty shocking to most American Jews. 

The Western Wall is the only place that allows Jews to pray there on the Temple Mount.  There are Muslim prayer policemen from Jordan that watch lips of people who dock a person if caught praying.  That's because Israel's Moshe Dayan to make a deal with Jordan's leader to be in charge of the religious factor with all the mosques on the Temple Mount. 

 It was a good idea at the time, but they have taken advantage of their position immensely to the point of being ridiculous.  To keep this peace, Israel has allowed it since some rabbis are against praying up there anyway.  Our 2nd Temple is supposed to be under the Al Aqsa Mosque and that includes the Holy of Holies area where Jews were not to be in. Their advice is to pray at the Wall.    

 Barack Hussein Obama was president from January 20, 2009 to January 20, 2017.  Ezequiel Doiny is the author of this book.       

Ezequiel Doiny, author lives in New Jersey 

Obama's assault on Jerusalem's Western Wall: --"Bill Clinton's Parameters (2000): The Temple Mount in Palestine, the Western Wall in Israel." --"Obama's UNSC 2334 : both are in Palestine" Paperback – June 30, 2017

This book reveals Obama's role in the plot to take the Western Wall from Israel-

The newer villages, towns and cities occupied only 1.7% of Judea-Samaria "the West Bank back in 2017-5 years ago." The Obama administration lied about "massive settlement construction". By inventing the fake news of “massive settlement construction”, they created a false sense of urgency to justify the anti-Israel UNSC 2334 resolution. -

Obama's UNSC 2334 ruled that “the establishment by Israel of settlements in the Palestinian territory occupied since 1967, including East Jerusalem, has no legal validity and constitutes a flagrant violation under international law,” saying that The UNSC 2334 rules that both the Temple Mount and the Western Wall are in “occupied Palestinian territory”-

       Professor Eugene Kontorovitch

This is the complete opposite of what Professor Kontorovitch has said who is an international lawyer. 

 

1. Israel's settlements (word for villages, towns and cities) do not violate international law.

While issues of international law are both complex and fuzzy, suffice it to say that according to international legal expert Eugene Kontorovich, the UNSC cannot make international law. Indeed, Resolution 2334 instead cites as its legal authority the Fourth Geneva Convention.

Simply stated, this convention holds that a country cannot forcibly move its population into another state's conquered territory. Read these words carefully. Since Israel has not forcibly moved any people into Judea-Samaria – all have settled there on their own initiative – Israel does not violate this stricture.

In addition, prior to Israel taking control of Judea and Samaria in 1967, this previously stateless territory was occupied illegally by Jordan, which conquered it temporarily during the 1948 War of Independence. Jordan has since entered into a peace treaty with Israel and given up its claim to all lands in Judea and Samaria, and thus Israel's settlements are in no way occupying the land of another state.   

                                                                                         

In his autobiography Bill Clinton describes his parameters for a final status agreement (2000): Clinton was president from 1993 to 2001.  

“On territory, I recommended 94 to 96 percent of the West Bank for the Palestinians with a land swap from Israel of 1 to 3 %, and an understanding that the land kept by Israel would include 80 percent of the settlers in blocs...

The Al-Aqsa Mosque is the name of the mosque that sits atop the Temple Mount in Jerusalem. In a narrow view, it refers to just the mosque, but it can also refer to the Dome of the Rock, the Gates of the Temple Mount, and the four minarets. Muslims consider the entire compound to be a holy site.

On Jerusalem, I recommended that the Arab neighborhoods be in Palestine and the Jewish neighborhoods in Israel, and that the Palestinians should have sovereignty over the Temple Mount/Haram and the Israelis sovereignty over the Western Wall...Obama needed to hear this from Clinton. 

Israel has a very different view of the situation.

Jerusalem is one whole city.  It is not to be divided.  Israel won the 1967 war when they were attacked by all Muslim nations and yet they won.  This remains one of the most dramatic statements in Israel's history. Since the reunification of Jerusalem in 1967, the city has become a haven for coexistence and revitalized religious and cultural expression for all faiths.  Jerusalem was reunified under Israeli rule as a result of the 1967 Six-Day War launched against Israel by the Arab world.

Despite Israel's appeal to Jordan to stay out of the war, Jordanian forces fired artillery barrages at Israeli cities and also attacked and occupied the UN headquarters in Jerusalem. At first Israel held back but eventually was forced to counterattack and within two days was able to defeat and repulse the Jordanian forces across the West Bank and retake Eastern Jerusalem. On June 7, IDF paratroopers, after fierce fighting with Jordanian soldiers, were able to advance into the Old City and gain control of the Temple Mount and the Western Wall.  "The Temple Mount is in our hands" – the report from Paratroop Commander Lt. Motta Gur – remains one of the most dramatic statements in Israel's history.

In July 1980, the Knesset passed the Jerusalem Law as part of the country's Basic Law, which declared Jerusalem the unified capital of Israel.

Clinton continued:  "When Arafat came to see me...he wanted Israel to have the Wailing Wall, because of its religious significance, but asserted that the remaining fifty feet of the Western Wall should go to the Palestinians. I told him he was wrong, that Israel should have the entire wall to protect itself from someone using one entrance of the tunnel that ran beneath the wall from damaging the remains of the temples beneath the Haram". 

The Old City has four quarters: Jewish, Muslim Christian, and Armenian. It was assumed that Palestine would get the Muslim and Christian quarters, with Israel getting the other two.

                                                 

 Arafat argued that he should have a few blocks of the Armenian quarter because of the Christian churches there. I couldn’t believe he was talking to me about this....

I said these parameters were nonnegotiable and were the best I could do...

Arafat’s rejection of my proposal after Barak accepted it was an error of historic proportions...”-Source: Clinton, Bill. “My Life.” Vintage (2005). pp. 936-946.https://www.amazon.com/My-Life-Bill-Clinton/dp/140003003X/ref=pd_sim_b_1http://www.jewishvirtuallibrary.org/president-clinton-reflects-on-2000-camp-david-summit-                              

Jerusalem's Western Wall with Temple Mount in view with Jews at wall: Kotel, Wailing Wall.   

Obama tried to portrait UNSC 2334 as being about settlements but it is actually much more than that. If Obama just wanted to stop settlement growth, as he claims, why did he authorize a resolution that rules that both Jerusalem's Temple Mount and the Western Wall are “occupied Palestinian territory”?   

(While Clinton's parameters were that it is nonnegotiable that the Temple Mount would be in Palestine while the Western Wall would remain in Israel)-A point by point comparison shows that there are major differences between Ytzhak Rabin's view on the Oslo Accords (1993, 1995), 

Bill Clinton's parameters for peace (2000) and 

Obama's UNSC 2334 (2016). 

This book presents a point by point comparison on Territory, Securiy, Jerusalem, Holy Sites, Refugees.-Before UNSC 2334 the territories were "disputed", now they are "illegally occupied". 

Obama's UNSC 2334 turned Israel into a criminal State. Obama's UNSC 2334 has killed the Peace Process, there is nothing left to negotiate. 

The ICC will now impose a timeline for an Israeli withdrawal. The ICC will give Israel a choice: stay in the territories and be marginalized as a criminal State or withdraw from the territories and commit suicide. Obama's UNSC 2334 is a formula for Israel's destruction: If Israel withdraws from all the West Bank's land, Hamas will take over and attack Israel from the West Bank from as it does from Gaza.

Obama was not qualified to make such decisions.  He was not a general, but his original job before going into politics was that of a lawyer, but not international law.  After graduating, he became a civil rights attorney and an academic, teaching constitutional law at the University of Chicago Law School from 1992 to 2004. Turning to elective politics, he represented the 13th district in the Illinois Senate from 1997 until 2004, when he ran for the U.S. Senate.  He knew more than Trump about the constitution, but certainly not more than Kontorovitch on international law.  

When Netanyahu succeeded Olmert, he declared that "all of Jerusalem would always remain under Israeli sovereignty" and that only Israel would "ensure the freedom of religion and freedom of access for the three religions to the holy places".

These statements seem to closely reflect Israeli public opinion. According to a 2012 poll by the right-wing Jerusalem Center for Public Affairs, 78% of Jewish voters who responded said that they would reconsider voting for any politician that wants to relinquish Israel's control over the Old City and East Jerusalem.

On 17 May 2015, Prime Minister Netanyahu reiterated, regarding Jerusalem serving as the capital of both Israel and a future Palestinian state, "Jerusalem has forever been the capital of only the Jewish people and no other nation."

On 2 January 2018 Israel passed into law new legislation that requires the two-thirds majority support of the Knesset for any section of Jerusalem to be transferred to a foreign government.

On 25 January 2018, Netanyahu repeated the previous government position but seemed to alter it, reportedly saying: "Under any peace agreement the capital of Israel will continue to be in Jerusalem."