(by Iris Bouwman and Janny Holster):

The truth about the legal status of Jerusalem has been distorted for many years. However a non Jewish lawyer, who spent 20 years researching the legal status of Jerusalem, has concluded: "Jerusalem belongs to the Jews, by international law." Jacques Gauthier has written a doctoral dissertation of 1300 pages on the topic of Jerusalem and its legal history, based on international treaties and resolutions of the past 90 years and points out that Jerusalem is the unequivocal Jewish capital.

After the First World War the four Principal Allied Powers - Great Britain, France, Italy and Japan - agreed in the so called San Remo Resolution to carry out the Balfour Declaration in order to create a Jewish national home in what is now the Land of Israel and used to be the area of Palestine. There was no mention of a Palestinian State. The San Remo treaty specifically noted that "nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine" - but says nothing about any "political" rights of the Arabs living there. Most of them were illegal inhabitants of Palestine holding passports of one of the neighbouring countries or other Islamic nations.

The League of Nations, the precursor of the United Nations, recognized "the historical connection of the Jewish people with Palestine and the grounds for reconstituting their national home in that country." No such recognition of Arab rights in Palestine was granted. The United Nations took over from the failed League of Nations and assumed the latter's obligations. However, in 1947, the General Assembly of the UN passed Resolution 181, known as the Partition Plan. It violated the League of Nations' Mandate for Palestine in that it granted political rights to the Arabs in parts of Palestine - yet, ironically, the Arabs worked to thwart the plan's passage, while the Jews applauded it. Resolution 181 also provided for a special status for Jerusalem as a separate entity under a special international regime and to be administered by the United Nations. After the ten years, the residents of Jerusalem would be free to express by means of a referendum their wishes about the final status of Jerusalem. The resolution never took effect, because Jordan controlled eastern Jerusalem after the 1948 War of Independence and did not follow its provisions. 

After the Six Day War in 1967, Israel regained Jerusalem and other land west of Jordan. The UN Security Council then passed Resolution 242 authorizing Israel to remain in possession of all the land until it had "secure and recognized boundaries."  The resolution was notably silent on Jerusalem, and also referred to the "necessity for achieving a just settlement of the refugee problem", with no distinction made between Jewish and Arab refugees.
Given Jerusalem's strong Jewish majority, Israel should be demanding that the long-delayed city referendum on the city's future be held as soon as possible. This should take place before the balance of the land is negotiated. If the Arabs won’t agree to the referendum, there is nothing to talk about.

"Run to and fro through the streets of Jerusalem, and see now, and know, and seek in her open places, if you can find a man, if there is one who does justice, who seeks the truth; and I will pardon her." (Jeremiah 5:1)


That the outcome of this legal research will be taken into account during the future negotiations.

That the Olmert government will do justice to the outcome of this research and will seek righteousness for all parties involved.

That God will forgive Jerusalem and will restore her as the lawful united capital of Israel.