Alan Dershowitz: Why Trump Is Right in Recognizing Jerusalem as Israel's Capital

Examiner (Washington, D.C.), The, December 6, 2017 | Go to article overview

Alan Dershowitz: Why Trump Is Right in Recognizing Jerusalem as Israel's Capital


President Trump's decision to recognize Jerusalem as Israel's capital is a perfect response to former President Barack Obama's benighted decision to change American policy by engineering the United Nations Security Council resolution declaring Judaism's holiest places in Jerusalem to be occupied territory and a "flagrant violation under international law." It was Obama who changed the status quo and made peace more difficult, by handing the Palestinians enormous leverage in future negotiations and disincentivizing them from making a compromised peace.

It had long been American foreign policy to veto any one-sided Security Council resolutions that declared Judaism's holiest places to be illegally occupied. Obama's decision to change that policy was not based on American interests or in the interests of peace. It was done out of personal revenge against Prime Minister Netanyahu and an act of pique by the outgoing president. It was also designed improperly to tie the hands of President-elect Trump. President Trump is doing the right thing by telling the United Nations that the United States now rejects the one-sided Security Council resolution.

So if there is any change to the status quo, let the blame lie where it should be: at the hands of Obama for his cowardly decision to wait until he was a lame-duck president to get even with Prime Minister Netanyahu. Trump deserves praise for restoring balance in negotiations with Israel and the Palestinians. It was Obama who made peace more difficult. It was Trump who made it more feasible again.

The outrageously one-sided Security Council resolution declared that "any changes to the 4 June 1967 lines, including with regard to Jerusalem," have "no legal validity and constitutes a flagrant violation under international law." This means, among other things, that Israel's decision to build a plaza for prayer at the Western Wall -- Judaism's holiest site -- constitutes a "flagrant violation of international law." This resolution was, therefore, not limited to settlements in the West Bank, as the Obama administration later claimed in a bait-and-switch. The resolution applied equally to the very heart of Israel.

Before June 4, 1967, Jews were forbidden from praying at the Western Wall, Judaism's holiest site. They were forbidden to attend classes at the Hebrew University at Mt. Scopus, which had been opened in 1925 and was supported by Albert Einstein. Jews could not seek medical care at the Hadassah Hospital on Mt. Scopus, which had treated Jews and Arabs alike since 1918. Jews could not live in the Jewish Quarter of Jerusalem, where their forbearers had built homes and synagogues for thousands of years.

These Judenrein prohibitions were enacted by Jordan, which had captured by military force these Jewish areas during Israel's War of Independence, in 1948, and had illegally occupied the entire West Bank, which the United Nations had set aside for an Arab state. When the Jordanian government occupied these historic Jewish sites, they destroyed all the remnants of Judaism, including synagogues, schools, and cemeteries, whose headstones they used for urinals. Between 1948 and 1967, the United Nations did not offer a single resolution condemning this Jordanian occupation and cultural devastation.

When Israel retook these areas in a defensive war that Jordan started by shelling civilian homes in West Jerusalem, and opened them up as places where Jews could pray, study, receive medical treatment and live, the United States took the official position that it would not recognize Israel's legitimate claims to Jewish Jerusalem.

It stated that the status of Jerusalem, including these newly liberated areas, would be left open to final negotiations and that the status quo would remain in place. That is the official rationale for why the United States refused to recognize any part of Jerusalem, including West Jerusalem, as part of Israel. That is why the United States refused to allow an American citizen born in any part of Jerusalem to put the words "Jerusalem, Israel" on his or her passport as their place of birth. …

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