I think the defense of Or-shaleem is not only by throwing stones, or Mujahideen or the martyrs from the Palestinians, but the defense of Or-shaleem is upon all who related with this sacred city, nationally, religiously and internationally confronting those liars on historical facts and fixed basic religious rights.
The Jewish sources before Arabs and Islamic ones testified that Or-shaleem historically, is an Arabic city. The Jewish evidences (about this subject) become a witness from Jewish people that which we can confront with it the Colonial Powers whom want to capture Or-shaleem (only Or-shaleem). Away from, Media's propaganda and political bias, only when we return to Pentateuch currently circulated, we can put our hands on more than an evidence from Jewish creed that Semitic (Palestinian Arab people) was on the Land before it be presented as now by Jewish people and before Suleiman and David even before Ibrahim (PBUH) himself.
The political rule upon this Land is for its people, however the foreign Colonial invasions pluralized or sequenced upon the Land which predestined pullback, in front of the faithfuls' will which backed by Arabs and Muslims.
The Arab and Islamic conquers came to fix the Islamic and Arabic rule upon the Land and to add a religious rule to its political one and also upon its sacred places which Al-Aqsa Mosque as sacred place came at first(The first Qibla and the second mosque and the third of the two Sacred mosques in Mecca and Madina) and the place from where the Prophet Muhammad has been taken to The Night Journey which followed up by Muslims' feelings deeply in their hearts of the position of that Land and its sacredness in more than a verse in The holy Qur'an and the Prophetic Traditions and how Muslims exert their efforts throughout history to defend it and the Land of Or-shaleem is the trust they must reserve.
Umar Ibn Al-Kattab himself came to receive its keys and to put it as a trust in the Muslim neck, then Salah Eddin came to bring it back from the hands of Crusades which lasted more than two centuries. Even, Abd El-hameed, the last Sultan and the last Caliph upon Muslims in the Modern History who favored to leave the throne rather than to lift his hand up away from Or-shaleem.
From political point of view, The Or-shaleem's suit is a polyaxial which touch the regional Islamic system and its security and also affect the general interests either political or strategically. Today, it is hard to say that this Land make the interests of the Arabic and Islamic World, but we must take with rational principal that the fend of dangers proceeding making benefits. Thus, the international law is the only paper the Organization of The Islamic Conference has to move on with Or-shaleem's suit.
This background presents a complete cure for the dimensions of Or-shaleem's suit with elaborating evidences historically, religiously, politically and statutory of the Palestinian (Arabic, Islamic)rights in Or0shaleem with concrete land to demand our right courageously to bring our right back inshallah.
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Historical Fundamentals of Orshaleem as Arabic City:
This offer prevailed by bibliographic than analytical pattern aimed at collecting evidences and keys from direct sources which is mainly historical.
Before Christ, since three thousands years, the first immigration of Arabs (Canaan) people to the Arabian Peninsula, to the west bank of Jordanian river ( themountainous area of Palestine) to the Mediterranean Sea. Those Arabs established the city of Or-shaleem. Then those people received other tribes from the Mediterranean Sea called themselves (Palestine) to southern eastern coasts (2500 B.C.) known as people of Sea Coast. Those immigrants mixed with Jebusite or Canaan's people (the people of the Land), but the blood of Jebusite was prevailed and be called Palestine.
A British excavation mission assured that it discovered pottery works engraved by Canaan's tongue that the first men establish Or-shleem were Jebusite, and in this area a castle for them was found by them. This is the beginning of the Land's history.
For the Land itself, Jebusite, in the beginning will residensed mountains beside a well called Umm-Eddarag well in Selwan Village southern modern Or-shaleem. Jebusite fortified the area.
By time , this city replaced by a larger city on other heights: Zeitoon height, Zeon height and these are in the Old Or-shaleem which surrounded by the famous rail which was established by Suleiman the Magnificent in Islamic Era(1542 A.D.) which was known by its seven gates. The photo below is for The Damascus Gate Bawabat El'amood on 1900. a unique photo.
The first constant name for Or-shaleem is Or-salem since its establishment by Jebusite people whose came from Arabian Peninsula at the beginning of Bronze Era. It means, before five thousands years with the Jebusite name (Salem). It was mentioned in older Egyptian sources back to Senusert III (1879-1842 B.C.) then it was metioned in the tablets of Tel el Amarna, which involve six messages sent by the king of Or-shaleem to Ekhnaton (the Egyptian Pharaoh on 1370 B.C.). Then the city of Or-salem took the name (Jebusite( whom were from Arabs too when they built its Castle and called it Zeon which meant by Phoenician or Canaan tongue a (height) also they built a temple for their God (Salem) and became a place for worshipping.
The name, Or-salem appeared at first on 2500 B.C. on small egyptian statues. Also, this name engraved on monumental tablets which was discovered in Syria. The name (Jebusite) appeared in a message of the last king of Jebusite (Abd Heba) to the Egyptian Pharaoh ( Thutmose I) on 1550 B.C. which involves a demand to support him against his enemies (Abd Heba was already submitted to the Pharaoh).
The historical sources mentioned that the first Jebusite's king was (Malki Sadiq) and he was a lover of Peace so they called him ( The King of Peace). The name Salem was because of his submission to Egypt and its Pharaohs. Egyptians were not try to make them Egyptians, but only enough for them collecting taxes from its people. They (The Pharaohs) may called it (Jebusite) or (Or-salem).
The historical sources did not only mention the constructural buildings of those (Jebusites from Phoenician or Cannan) and these sources back to four thousands years B.C. All sources include the Jewish ones, generally speaking about this Land as an Arabic Land(for Jebusite) before Ibrahim(PBUH) himself
Through history, Or-salem (Or-shaleem) was being conquered 25 times (by destruction and rebuild for 18 times).
The Pentateuck mentioned that Ibrahim (PBUH) came to this Land from Mesopotamia where those Jebusite and their King was Malki Sadiq.
The Phoenician or Canaan were on the Land since three thousands years where Aramic people came from Mesopotamia and residensed in Syria between (1600-1200 B.C.).
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Jacob, the son of Isaac whom is the son of Ibrahim (PBUH), and his sons left Palestine to Egypt on 1620 B.C. They stayed in Egypt for four hundred years then Israelite whom led by the Prophet Mosa, left again to Palestine through Sinai on 1250 B.C. at the era of Ramassis II.
Israelite, whom led by Joshua, the son of Nun, entered Palestine from the east, then they caught Jericho (Areha in Arabic), then the mountainous area (1152-1025 B.C.) from only then they gathered into two parts( North and South areas). Both areas were not connected with each other except at the era of the king and Prophet David (PBUH) whom entered the city on (1005 B.C.) and made Or-shaleem the Capital of his kingdom, then Suleiman received it from David, his father and built a rail upon the same foundations that Jebusite had built theirs on, and built a temple when theirs (Jebusite' temple) ruined.
Samaria (the kingdom of Israelite) divided after Suleiman's death to two kingdoms, Judah's kingdom (the south kingdom) which involve David's family and its Capital, Or-shaleem, and Samaria and its Capital was Shechem, near Jibal Nablus (northern kingdom on the mountainous part).
The King of Assyria ( in Arabic called Ashur), Sargon II.(597 B.C.) captured Israel at 722 B.C. (The First Babylonian Exile) and took its people to his kingdom, Babylon. The second capture (The Second Babylonian Exile) was more famous than the first because Suleiman's Temple was ruined by Nebuchadnezzar (597 B.C.) from its basic foundations.
Then, Israelite returned on era of Cyrus and built their Temple again (538 B.C.) on the era of Uzair, a Prophet of Israel.
Israel from then on, was ruled by Persia, Rome and Greece till the time of Herod, whom rebuilt their temple on 11 B.C. At that time some of Israelite insurgent so, the emperor Vespasian and his son Titus demolish their Temple.
From then on, Israelite dispersed in all Rome (70 A.D.)till the Modern Zionistic Movement on the end of 19Th century.
Besides, these historical evidences above, the condensed presence of Arabs in the Old City keep its Arabian Identity and Demographical ambiance. There were only 2300 Israelite among thirty five thousands of Arabs (Muslims and Christians)in spite of Israelite deeds.
The Politic Entry to Islamism Of Orshaleem's suit:
This means(The Political Entry To Islamism Of Orshaleem's Suit), caring of direct relation between the suit and the total Islamic work, considering the Islamic World as a Regional System, its centre is Palestine Land/ Orshaleem. This make the suite pivotal, it touches all the System especially, the struggle upon Palestine/Orshaleem is abnormal-not does look like any struggle aim at independence-(freedom of the land and the destiny of its people) not only that, but it is a strategic civilized struggle, this system wade into it against: The International Zionistic movement and The Western Colonial movement. This led to search for handle this suit and keep away the dangers of the other part (Zionistic/Colonial) which strives the Islamic System, its sovereignty upon this Land.
It is a consensus between researchers that all members of Islamic Organization Conference agreed upon.
The Islamic System believe in precedence of defense against dangers that bringing benefits.
In the following points a brief conclusion about Political dangers which is presented by the Zionistic/Colonial part, confronting the Regional Islamic System which looking for capturing Orshaleem:
The First:
Dualistic danger of the other part (Zionistic/Colonial) against the Regional Islamic System and its threat against it.
The Second:
The Zionistic/Colonial part aim at tearing The Islamic System and exploiting its fortunes and weakening and control over its people undercover the religious and colonial lawsuits.
The Crusades hit the Islamic System in 12th and 13th centuries and the western rule of today is still affected by Crusade's minds and their way against the Islamic System.
Also, the Western Colonialism exerts its efforts to weaken The Ottoman Empire by its continuous threats and hits which aim at demolish the Islamic system.
The Third:
The Western awareness to hit the Islamic World according regulated plans. When General Allenby seized Orshaleem, he said: Now, The Crusade is over.
The Fourth:
This strategic point of view was agreed upon by the Famous Bannerman's report(1907) represented by England, France, Belgium, Holland, Spain, Italy and Portugal whom found it necessary to build a human barrier between the two haves of The Islamic World's countries. These two haves gathered to each other because of their Religion, History and Language. By this report, a follow up annoying and interventions of the West in the Islamic Region and its affairs begin by an enemy to Arabs and in the same time a friend of the West.
After the first World War, English forces captured Orshaleem on 9/12/1917 by Belfore Pact between Jews and England which assured by The united Nations on 1992.
The Fifth:
By the decision of dividing Palestine (181/1947), America and the United Nations acknowledged Israel as a state, and from that time on the provisions to Israel continued till now. America from that time on decided to bring Israel to the middle east as its presence in the region by itself which indicate the very close relations between America and Israel in their interests in the Islamic Region. America representing itself in the World through: Germany in Europe, Japan in Asia,
And Israel in the middle east and Africa.
Before The Bqlfour declaration, Baltimore Pact on (9-11/5/1942) is a pact for establishment of a "Complete State" to Israel not only a nation.
In May 1950, a trine declaration of America, Italy, and France about guaranteeing the security of Israel. Then, the strategic relations between Israel and America was settled after Israel's playing the role of The American agent between 1948-1956 an alley for America from 1967 then a partner since The Peace Accords between Egypt and Israel till Israel now is the director of America politically in The Middle East since the Golf War 1991.
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The International Legal Role of Or-shaleem:
1-Orshaleem's submission to Ottoman:
The international interventions in Or-shaleem's affairs in modern days is through European Capitulations of securing The Sacred Places in Or-shaleem. This is the worst of the Ottoman towards the rights of Orshaleem since Conference in France on mars 1856 then, in Berlin Pact and its Conference in 1878 which proved the rights of those countries whose signed the Pact from this time on the pact and the occupation of Or-shaleem by its allies which became the Basic Principal of those capitulations since 9/12/1917.
The Ottoman Empire guarantied the freedom of believers and freedom of practicing the religious rituals for its people in all sacred places. It means, each of the religious sects control over its sacred places of worshipping. This guarantee confirmed with other International Pacts like the Pact of France on 1855 and Berlin Pact which confirmed the preservation of the Political Posts claimed at that time and no changes can be made except with the agreement of all parts signed these pacts. This system fostered from that time on by all powers which control over Or-shaleem after this including the British Mandate of Palestine.
Or-shaleem enjoyed Autonomy according the demands of the great nations-this is different from self-governing – with it, Or-shaleem was independent from the Ottoman.
2- Or-shaleem is under control of Palestinian Rule after British Mandate:
In the end of the first World War and establishment of United Nations, Britain was practicing Palestine under the United Nations' control since 1933. This was confirmed after Turkey's giving up its rule upon Palestine/Or-shaleem by Treaty of Lausanne 1924 and Or-shaleem. From then on, Or-shaleem is still the Capital of Palestine since the British Mandate till the decision of dividing Or-shaleem and the special system of Or-shaleem(181/1947).
The mandate upon Palestine which was imposed by the United Nations(1922) put Palestine under (A) grade. This means, the Palestinians are matured enough politically to acknowledged them an "Independent Nation) and the country which mandated it can advise them.
By the international law, sovereignty is was still theirs(Palestinians under the mandate)even the Ruling is in the hand of the nation of the Mandate.
The Rule of the British mandate was practicing its sovereignty over the sacred places except the Sacred Islamic Shrines.
If we supposed that the contemporary Jews are from the Old Jews, they could not demand any rights in Or-shaleem or even a part from according to the Contemporary International Law. On 1919, the king krine board decided to investigate on the demands of Arabs of Palestine and found that it was difficult to consider the claims presented by the representatives of Zionistic movement that the Jews had rights to demand from Palestinians before 2000 years, therefore, Zionistic people could not claim themselves the heir of the Palestinian State which was established by David and Suleiman (peace and blessings be upon them) in the past. Because, the heir according International Law is as a result of concession. The right of sovereignty is from the Original people not through conquer or division. Concession is as a result of defeat or a treaty or for sale or for exchange or a gift and nothing from that was happened from Palestinians to Jews. What Israel looks for to claim rights which the International Law has permitted before (like: conquer, addition etc) become International Crime in Cotemporary International Law, and the concession become illegal except after a national polling.
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Or-shaleem was under The United Nations's sovereignty since announcing the Partition of Palestine(181/1947) and the Or-shaleem special system attached by this decision, Or-shaleem and its outskirts (Corpus separatum) with International Identity. By this Partition, Or-shaleem become under the United Nation's management. This means, an Heir Board which become responsible for as a vice-regent of the United Nations and by its name. It was decided by the security council to appoint a Ruler for the city which was supported by Jural Board, Or-shaleem become in a permanent neutral status and a special care must exerted for its people.
Some of whom looked at the partitioning (181) could not draw Palestinians' sovereignty over Or-shaleem because its people keep Legislative, Judicial and Taxation roles in their hands(i.e. Palestinians). Because of these three roles, sovereignty over Palestine is in the hands of Palestinians.
The United Nation decided numbers of presets which keep the legal status of Or-shaleem as a region submitted to a board or an international group for management, temporarily for 10 years, experimentally. It means, it will be assessed at the end of these 10 years. At that time, people of Or-shaleem will be free to comprehend their demands to change the System of Ruling within it. From these presets:
In Item (d) from the third part of the decision (181/1947) that the Heir Board tributary to the United Nations to manage Or-shaleem for a primal period and on this time, its people will be free to comprehend their demands through a Poll which change the land system of ruling.
This decision also mentioned that the Security Council must begin to prepare every trial aim at change this project system as a threat to Peace and severing the diplomatic relationship and an incursive work must be done.
The United Nations to acknowledge Israel, it made many conditions at the beginning of it,( No change Israel made in Or-shaleem and to permit the return of Palestinian refugees).
Israel swallowed these presets because the decision of partition is as a testimony
of its birth, also Israel confirmed the International Legal Status for Or-shaleem. The legal status of Or-shaleem is different from the territory Israel sovereign it.
Still the legality of the decision no.181, tha basic reference for the suit of Palestine include Or-shaleem which submitted by it to International Heir Board.
Among the International Legal Law, none of the terms could cancel the decision no.181 except the only trial that America did to put all Palestine under this board by another decision on 1949 when America demanded it from the security council and invited the United Nations to conclude all Palestine to submit under the United States temporarily, which many countries even Israel wish to be failed and it is.
Not only to make Palestine Internationally ruled, nor, practically execute the decision no.181/1947, but it was confirmed by decision nos. 234/1950 and 468/1950.
Refusing the decision of dividing Palestine by Arabs, doesn't mean the canceling the decision. According International Legal Law of neither of practicing the decision, nor breaching it means canceling the Law because the International Law doesn't dropped by prescription(to grow old fashion).
Even though, Or-shaleem still divided between Jordan and Israel by the end of 1948 war and signing cease-fire between then on 3/4/1949. And still the International Legal post of Palestine which marked by decision no.181 of dividing Palestine. The photo of "The Gate of Tribes of sons of Jacob"
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Palestine and Muslims always be against International ruling according many pretexts(among these pretexts is that Or-shaleem is an Arabic Occupied City and to make it Internationally ruled, it means dispossession of it, against Arabs'wish. Because the city is always settled calm during ruling of Islam and Arabs. Also, all experiences of making cities like Danzing or Trista ended by submission to one of the two countries. By this Arabian post (refusing international ruling of Or-shaleem), all churches of Or-shaleem except Orthodox of Copts in Egypt, demand complete sovereignty on the East of Or-shaleem.
But as a reaction against Israeli continuous stubborn, it is necessary Internationally and Regionally sometimes waving by the possibility of returning to what is called International ruling of Palestine to make a little chance to Israel who wants to grasp all of Or-shaleem.
In a message to Israel on March 1999, the European Union doubted the sovereignty of Israel over Or-shaleem. Also, call to International Ruling of Or-shaleem.
4-Israel occupied the West of Or-shaleem on 1948/1949 by War Force.
a- Incidences of the West of Or-shaleem's occupation:
In dawn of 14th May 1948, Britain had lift the Mandate which is on Or-shaleem on 15/5/1948 and a great and the first erupted war between Arabs and Israel, and then the United Nations announced independence of Jordan and Israel on 1/10/1948 . On the second day, Israel had announced the State of Israel and from then on, it began a total attack. In Or-shaleem, abuse and aggression began since the first day. Israel conquered Or-shaleem at first by taking residences of Arabs and Jews, then, those residences by only Arabs. Israel only stopped at the walls of The Old City. By the end, Israel occupied 66.2 from the total area of Or-shaleem which submitted to International Law according to the Project of dividing it.
With signing cease-fire between Israel and Jordan on April 1948 and from then on, dividing Palestine began. New members entered in Peace Negotiation upon the opinion of Israel.
The idea of International Ruling of Palestine had been cancelled by Israel and Israel itself had confirmed dividing the City according International Law.
The West of Or-shaleem is not an Israeli territory as many think of it. Arabs belong three quarters of its Land and buildings and they have 15 of its outskirts, but Israel occupy 10 of these outskirts. By expelling, removing and eviction, Israel had announced the West of Or-shaleem as one of its territory on 1st of December 1949 and went on (de facto) on the West of Or-shaleem
b- Causes of Illegal Presence of Israel in the West of Or-shaleem:
i. Israel denied of the resolution no.181 the International Organization acknowledged it on 1947 as a certification of birth of Israeli State in Or-shaleem. Not only but also, wars and aggression works which are opposite completely to what the resolution 181 had said.
ii. Israel denied the system of ruling Or-shaleem as a different territory and announced it its Capital.
iii. We did not find any International resolution which acknowledged what Israel did(war and aggression). But, on the opposite, we will find resolutions which consider Or-shaleem a Special Regional Unit.
iv. In spite of occupying Or-shaleem and its outskirts, but this is would not hinder the General Assembly of United Nations from insisting on voting on its resolution no.194 on 11/12/1948 for establishing a conciliation board and commissioning it to represent suggestions for the next time (for the fourth time) which aim at founding a permanent International law for Or-shaleem which call for founding an international law for a certain area of Or-shaleem which doesn't acknowledge neither Israel nor Jordan to rule over it by resolution no.194. Below is a pic. of The Buraq Wall(Wailing Wall)
v. Israel's announcing the West of Or-shaleem as a Capital on December 1949 (de facto), but the Heir Board voted against it on 20/11/1949 cancelling the Israeli announcement and refusing translation of some of governmental affairs to the West of Or-shaleem. By that, the board confirm the Legal Position of the West of Or-shaleem as an occupied land submitted to Geneva agreements.
vi. The United Nations continued ignoring the Israeli claims about The West of Or-shaleem. The United Nations confirmed anew the principle of International Ruling which released on 29/11/1947. The Heir Organization as a tributary of the International Organization, decided a special system of International Managing for Or-shaleem on 4/4/1950.
vii. When Israel demanded on the middle of 1953 from the United States to transfer its Embassy to Or-shaleem, the American minister of external affairs, John Dallas refused confirming that translation which was not agreed upon by the United Nations' resolutions. This means, that the United States did not acknowledge sovereignty of Israel over the West of Or-shaleem, also Britain's ministry of external affairs did the same on replying upon a question by the Public Assembly on 27/11/1961, declaring, that the Royal Government acknowledged on 1949 a (de facto) that Israel and Jordan had their sovereignty upon their only parts they occupied, and the Royal Government with other national governments agreed on refusal on legal acknowledgement of Israeli and Jordanian sovereignty on the part limited by international Ruling by the resolution 303/1949 which previously mentioned to. Besides, no any nation acknowledged sovereignty of Israel on the West of Or-shaleem before War on June 1967. However, some of nations acknowledged later that Or-shaleem is a capital of Israel like: Holland, Costa Rica, Colombia, Bolivia, Salvador, Ecuador, Chili, Dominican, Panama, Haiti, Uruguay, Guatemala, Venezuela and tiny nation not mention with importance internationally called Saragossa.
viii. Still the Palestinians whom exiled out of the West of Or-shaleem( on 1948 and 1949) carrying keys of their dwellings and papers concerning their proprieties there.
ix. About the West of Or-shaleem (including the Old Or-shaleem), it was occupied by the east of Jordan on 1948/1949 War and still a trust till it be collected to the West Bank forming the Jordanian Kingdom on 22/4/1950 as a reply on announcing Israel the West of Or-shaleem as its Capital on 23/1/1950. But no any nation acknowledge sovereignty of Jordan on the East of Or-shaleem except Pakistan till reaching a stable condition about Or-shaleem be decided.
5-Israel occupied the East of Or-shaleem by War Force on June 1967:
As soon as the 1967 war ended, Israel had occupied the East of Or-shaleem. The whole of Or-shaleem which is followed by violation, settling, Judaization and expropriated lands and announcing annexation of the East of Or-shaleem then calling to what Israel said:{the Basic Rule} about Or-shaleem claiming it its Eternal United Capital!!!
The United nations stopped Zionism in East of Or-shaleem since June 1967 as a continuation of International Legal position of Or-shaleem since the resolution 181/1947 as we see in the following points:
A- The International Legality of the United nations resolutions concerning Or-shaleem between June 1967 and September 1993 centered in the following directions:
1) Confirmation of continuation of all the United Nations resolutions concerning Palestinian suit and Orshaleem from the resolution 181/1947 and longing to put the whole Palestine under supervision of the United Nations for while as part of Peace Process in The Middle East
2) Claiming Israel to withdraw out of the occupied land on 1967 including Orshaleem, considering all agreements of strategic cooperation between the United States and Israel which encourage for more violation and extension policy.
3) Condemnation of expropriation, annexation, settling and Judaization and all demographical changes claiming Israel to cancel it and consider it null and of no effect on International Legal position of Orshaleem and announcing Geneva agreements application upon all of the occupied land on 1967.
4) Claiming Israel to stop excavation processes especially around sacred places in the city and returning all documents that Israel appropriated from the legal court of the occupied land.
5) Assurance of the right to return of Palestinians exiled including people of Or-shaleem to their homes and condemning the violation that Israel did against Palestinians and claiming Israel to execute its legal promises according the fourth Geneva agreement.
6) Refusing annexing the East of Or-shaleem to Israel and refusing what Israel called {The basic Rule} about Or-shaleem on 1980 and inviting all nations to withdraw their diplomatic delegations from Orshaleem.
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B. If the Security Council did not say that plainly(about the Post of Orshaleem in resolution no.242/1967), but the Council recognized this as shortage which was supervened series of conferences about Or-shaleem on May 1968 to discuss the End Position of this City.
In its resolution (252/1968), the Security Council called to cancel all documents which led to change the Post of Or-shaleem. The Security Council repeated its call in resolution no. 267/1969 and 298/1971 and commanded Israel to stop the activities of settling in Or-shaleem by resolution 465/1980. The Security Council also called to dent what Israel declared "The Basic Rule" for Or-shaleem and called other nations to withdraw their diplomatic delegations from Or-shaleem by resolution 478/1980 and assured the conformity of Geneva agreement for all the occupied territory on 1967 by resolution no.726/1992. Practically, twelve of the thirteen nations withdrew their ambassadors from Or-shaleem. Only the ambassador of Costa Rica was still there.
Now Israeli sources mentioned only three nations:the United States, Costa Rica and Salvador. These three nations only acknowledged The West of Israel as its Capital. But no any other nation acknowledge the sovereignty of Israel on The East of Or-shaleem.
Because of the continuation of settling policy of Israel in Or-shaleem, the Security Council formed on 22/3/1979 a Fact finding Mission for the effect of settlement upon the occupied territory and announced its resolution as a formal document on 22/7/1979 declaring the great violation in the occupied territory including Or-shaleem and the Council confirm the document.
C. Gathering of Or-shaleem by Israel can be invalidated by declaring its contradiction to War and Military occupational Laws and the General Rules of Cotemporary International Law by the following:
1- The contradiction of gathering operation to the rules of International Relations and the United Nations Principals which deny gathering or occupation of lands by force.
2- Its contradiction to the International declaration which concerns giving independence to nations and occupied people and the submitted districts by opening on 1960.
3- Its contradiction to the International declaration of Human Rights(1948) and the two International agreements concerning the civil, political, economical, social, and cultural rights on 1966.
4- Its contradiction to Peaceful Cohabitation Declaration which was aroused by the general assembly of the United Nations on 24/10/1970 in its 25th round concerning friendship and cooperation between nations.
5- Its contradiction to the resolution of the resolution on 24/10/1970 by the general assembly of the United Nations about identification of aggression.
6- Its contradiction to the Four Geneva Agreements which declared on 12/8/1949 especially the fourth agreement about the occupied territory and the civilians' conditions, also, its contradictions to the two protocols attached which declared on the diplomatic conference in Geneva on 1977.
D. According to resolutions of the Arabic Summit and the United Nations considering the Palestinian Liberation Organization is the only legal representative for the people of Palestine, the Jordanian Kingdom declared dissociation of legal and administrative linkage with the West bank on 1988.
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E. The National Palestinian Assembly (Algeria- 15/11/1988) declared a Palestinian State-Or-shaleem is its Capital- inside the boundaries of division.
The declaration was supported and acknowledged by a hundred of nations (during a few months from declaration). By it, Orshaleem is acquired an International Support as a Capital for Palestine whilst on the other side, the Whole World consider the Israeli presence is illegal and as an occupational force has only to manage the City till the return of National Sovereignty to its people after liberation.
By the 124 nations which declared Palestine for Palestinians tackled the special position of Or-shaleem as a fixed new legal post rather than resolution(181/1947)-(Or-shaleem as a Capital for Palestine).
According to the declaration itself, the United Nations welcome- Thr General Assembly- the Palestinian State and change the delegation name by Palestinian Liberating Organization into a new name as delegation of Palestine. Not only this but also elevate its presentation rank to a national presenting delegation except election and voting rights.
F. Or-shaleem in resolution of Madrid conference for Peace(1991):
Dr. Haidar Abd-Eshafi, the president of Palestinian delegation announced in the conference that Or-shaleem is a tangible presentation even though its absence from the scene of the conference and ejection, he said, even Or-shaleem is the Land of Peace, however, prevented from presenting itself in that Peace Conference and been forbidden from announcing its message.
Dr. Haidar Abd-Eshafi assured that Israeli gathering of Or-shaleem is still illegal in the sight of national society and considered as an insult for Peace which this City deserve to present.
Dr. Haidar Abd-Eshafi also, in the Assembly of Replying 1/11/1991, that the security Council resolution 242/1967 and principal of "Land corresponding Peace", both as referential base and source for legal authority of Madrid conference and negotiation which backed by the booklet of the Conference. He focused on the terms of the resolution 242/1967 which conformed on the East of Or-shaleem and said that Or-shaleem is our Palestinian Identity and the Land of our nation.
Isaac Shamir, the president of Israeli delegation did not mention Or-shaleem neither in his word nor in his words in front of Replying Assembly, also did America and the Russia's delegations which both were the principal of the Peace Process and the resolution 242 which was included the principal of "Land corresponding Peace".
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6-Israel declared in Oslo its commitment in searching postponement of Or-shaleem's suit in the following points:
The declared commitments related to International Law, it means resolutions of the Security Council and the Public Assembly and the demands of International Pledges concerning the rights of the occupied territory with acknowledging that Israel signed Geneva agreement on 1949.
The commitments related to the Internal Law of protecting rights of mankind especially the rights of collecting families and the right to reside, to belong and to build over the Land and the possibility to pronounce these rights in front of the Court, to refute any law or an exceptional rule brings danger to any of the residents or a group of residents.
The declared Israeli commitments to respect the contemporary position on the occupied territory and in Or-shaleem during various stages of Peace Negotiation that means Israeli refraining to make changes may affect the End Result of the negotiation.
These commitments prevailed in Camp David agreement and also after the initial declaration of Madrid Conference. But the more prevailing declaration in this stage represented in the words that Shimon Perez confronts his Norwegian counterpart on the margin of Oslo agreement and Israeli commitments in these words to respect the works and the legal privileges to Palestinians presented in Or-shaleem and submitted to the gathering authorities in the "House of the East" with a condition that these authorities must be submitted to the Palestinian Organization for freedom. By this, Israel acknowledges the presence of local authority in Or-shaleem, also, by acknowledge Or-shaleem as an occupied territory. This statement is still practitional and not be reviewed during the following negotiation especially in Oslo2 on September 1995. Then Israel renew its commitment at Taba agreement by refraining to do works negatively affecting the End Results. We see also, resembling commitments at Wye Plantation on 23/10/1998 related to the West Bank and Gaza.
Israel try to escape from what commitments it was signed claiming that these commitments are resulted from International pressing and aggressive laws which ignored the message of the Sacred City and it must be the Eternal Capital of Israel.
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C. The Oslo agreement (September,1993) decided that Or-shaleem's suit was postponed, it means in the sight of International Law, there is an Israeli Pledge of not to do any solely action at the very moment of assigning the agreement. It is called in the International Law "The Hindering Effect" which means a freezing period of Or-shaleem Post on what it was be before the moment of signing till reach the "End Position" in the coming negotiations. However, any change in the contemporary post from the moment of signing, it is a contradiction to the International Legal Resolution also a disagreement of Israel of Oslo agreement.
It is useful to follow up the resolutions of The United Nations –The Security Council and the Public Assembly- about Or-shaleem from 1967 till the half of the Ninetieth that the United Nations do not agree upon the legality of Regional Changes which were resulted from Israeli Aggression, and decide ineffectivity of all actions contradict the International Law. The United Nations pursuit to confirm the contemporary legal principal according to the dominion of International Law to replace the "Active Principal" which is already choose the de facto which must correct the illegal actions of Israel.
The International judge and Jurisprudence assured not to acknowledge any regional illegal actions according to the subjective principal in the International Law which says: "The right is not begotten from the wrong".
According to resolution 242/1967 which declared the occupation of the land by force and so according it to leave the subject of Or-shaleem to the "End Negotiation" it is not men this land was conflicted upon but an occupied territory. We must recognize the fear of some of us at what comes in the first term of Palestinian/Israeli declared principals which stipulate that the 242 resolution is a compromising political principal it is a fear must not be presented. This resolution declared that Israel must withdraw from the land occupied on 1967 but not declared, that Israel has rights in all lands were occupied by before 1948-1949.
D. If we consider the Principals' declaration –Oslo agreement- an International Agreement as a result of Palestinian/Israeli free desire and without coercion of each of both sides to do it, so, it must be submitted to the International bases and measures which were quoted in The Treaty of Vienna about agreement's rules on 1967 and from these principals a principal of executing the commitments "with good faith" of each of both sides of the agreement which was quoted by the item no. 26 from the previously mentioned treaty. Added to this, the principal in the item no.(44) quoted from the Fourth Geneva agreement about protecting civilization during 1949 war which forbid depredation of people of an occupied territory in whatever condition, also, the rights declared by this treaty, even though, these rights are between the represented sovereignty of the Local Residents( Palestinian Organization of Freedom) and the occupier (Israeli Government). In Israeli return to its aggressions in Or-shaleem since signing Oslo agreement -declared principals -we find that Israel do not execute the principal of "good faith".
E. If the term 2/4 from the United Nation's Pact assured that all of its members must revoke -in their relations- threatening of using force or use it against the peace of the land or its political independence. According to it, if any nation severe the term(2/4), all the nations must take the massive actions to hinde even touching the regional sovereignty of a certain nation and to suppress any aggression upon it. This commitment "negative" means "not to acknowledge any action against the very mentioned term even the influences according it.
In the first of December 1996, the General United Nations Cooperation took many decisions about the Palestinian suit by the following:
To impose Israeli sovereignty over Or-shaleem is an illegal action against all International pacts and pledges, also all Israeli reactions which meant to change Or-shaleem's position must be considered illegal.
It is necessary that Israel must withdraw from occupied Palestinian lands (1967).
Complete support for contemporary Peace Process which has begun in Madrid 1991 and the Principals Declaration(1993) also all the following executive agreements.
An exceptional necessary gathering by the General Cooperation of the United Nations on 24/4/1997 which titled "Union for Peace", according to the demands of 29 of the nations, to study all situations inside the Palestinian occupied lands after Israeli initiative to build a new settlement in the East of Or-shaleem, by what Israel declared under this formula about the Palestinian suit, which assured that East of Or-shaleem is an occupied land accusing the settlement policy by Israel in the occupied land since 1967 with a demand to immediate stop of building a new settlement in Gabal Abu-Ghnem.
The United Nations continues assuring toward Or-shaleem's suit after Camb-David2 negotiations' failure. This occur through what the General assembly and the Security Council decided before, from it the mainly decision which announced by the mentioned assembly on 14/7/1998 demanded Israel to return back on its decision about widening dimensions of Or-shaleem assuring certainty of not to anticipate to End Negotiations special for Or-shaleem.
On 1/12/2000, The United Nations' General Cooperation fostered with its majority, about six resolutions which support the Palestinian Rights and accused Israeli actions on the occupied lands. From these important resolutions which considered gathering of the East of Or-shaleem to Israeli side, null and void. The resolution call all nations which transfer their embassies to Or-shaleem ro return back. The Assembly regret for some of the nations which transfer their diplomatic delegations to or-shaleem, severing the Security Resolution 478/1980.
Still all formal emissions of the United Nations decide that Israel occupy the West Part of Or-shaleem after 1948 war. After Israeli refusal to take Or-shaleem internationally ruled [194(D-3)on 1/12/1948], Israel seeks for widening its sovereignty to that part it occupied.
On 7/5/2004, the United Nations' General Cooperation decides a resolution by 140 of its members reassuring the legal position of the occupied land on 1967 including the East of Or-shaleem and the right of the people of Palestine to sovereign after the end of Occupation.
After one week of issuing the resolution of International Court of Justice on 9/7/2004 of illegality to build the "Barrier" in the Occupied Palestinian lands, Israel demand to remove the "Barrier".
The United Nations share –to utmost extend- to create Or-shaleem's suit since issuing the resolution 181/1947 to divide Or-shaleem and ruling Internationally instead of its assuring of the Palestinian Original Right in Or-shaleem. The United Nations decided International ruling of Or-shaleem claiming reservation of rights of all sides of the struggle. Even the same Cooperation decides later a great number of resolutions to assure The Special Postion of Or-shaleem and its occupation. The sovereignty upon it will not be to the Occupier. According to this, it is an occupied land and its sovereignty is to the Original Nation. Or still "Potential" according to the law of occupation by force. Also, the Security Council did the same as the United Nations' General Cooperation.
Below is a picture of Umar Ibn A-Khattab's Mosque in front of the Church of Cradle in Or-shaleem
