80 Friday, Maylw 6 komirem JEWISH NEWS 16 Important Facts on the Status of Jerusalem World Zionist Press Service JERUSALEM — For 3,000 years, the Jewish people have been inextrica- bly bound to their capital, Jerusalem. This tie has been sustained through war, strife, persecution, exile, dispersion and holocaust. In their darkest hours, Jews turned in prayer toward Jerusalem for redemption. The 20th Century has witnessed both the rebirth of the Jewish state and the reunification of a sovereign Jewish capital in Jerusalem. Yet the meaning of that rebirth and reunification has been little understood, and Jerusalem has become the . oenterpiece of political and military conflict involv- ing states distant from Is- rael. It is important to re- member: • Over millennia and until 1948, Jerusalem was a united city, sovereign under one administration at a time, though holy to a lumber of religions. • Over the centuries, nternational concern fo- . - used on protection of iae Holy Places, rather than on the city of Jerusalem itself. No suggestions for inter- nationalization of the city ever arose until late in the British Mandate period. • Under Ottoman and British control, access for all religions to the Holy Places was relatively se - cure. Under modern Arab rule, discriminatory prac- tices were introduced against all Jews and against Israeli Muslims and Christians. • The terms of the British Mandate contained no reference to or suggestions for any multilateral or in- ternational solution for Jerusalem. Rather, the Mandate was intended to facilitate the establishment of a Jewish homeland in the land of Israel. • The international re- gime over Jerusalem, even as envisaged in the 1947 UN Partition Plan, was to have had a 10-year dura- tion, after which its terms would be reviewed. During that review, the residents of the city, a population that was Jewish by majority, would have had the right to express their preferences by referendum. • The Arab states phys- ically opposed the im- plementation of the Par- tition Plan, and, by force of arms, expelled the Jews from the Old City and sought to capture all of Jerusalem. In denying free access for all religions to the Holy Places, Jordan departed from centuries-old practice, and contravened its own promise in Article 8 of the Israel-Jordan Armistice Agreement. • The UN displayed no concern over the discrimi- nation thus suffered by Jews. Jordanian aggression, moved in to fill the vacuum of sovereignty left in East Jerusalem since 1948. The walls of the Old City of Jerusalem, the Citadel and the Tower of David. , • Utilizing the legal prin- ciple of ex injuria_ius non oritur, no right can be born of an unlawful act, Jordan's claim to areas west of the Jordan River appears to have been clearly unlawfu. Despite Jordan's illegal oc- cupation of Old Jerusalem, the UN seemed to accept its regime as tolerable and sought no supervision over it. In answer to the Arab ag- gression of 1948 against the UN-sponsored new Jewish state, Israel adopted defen- sive measures which led to its control over West Jerusalem, legitimately fil- ling the sovereignty vac- uum that had been created there. Arab control over East- Jerusalem remained ligitimate and unlawful. • Between 1949 and 1952, most Western states Jerusalem . Cannot Be Divided By TEDDY KOLLEK Mayor of Jerusalem The place of Jerusalem in the process of seeking peace in the Middle East is unique. Its historical, emo- tional and international complexities set it apart from other issues which may be solved on the basis of mutually agreed bound- aries. The questions that the Arabs raise about Jerusalem cannot be de- cided by drawing a line. The future of Jerusalem cannot be resolved by division. This does not mean that Jerusalem is "an insoluble problem." It means that Jerusalem's people of differ- ing faiths, cultures and as- pirations must find peaceful ways to live together other than by drawing a line in the sand with a stick. It is no solution to build again con- crete walls and barbed wire through the middle of the city. The problem of Jerusalem is difficult because age-old and deeply felt emotions are encrusted over the rational- TEDDY KOLLEK ity necessary to find solu- tions. But I am convinced that these solutions can be found by men of goodwill. Let me be perfectly candid. The thing I dread most is that this city, so beautiful, so meaningful, so holy to millions of people, should ever be divided again; that barbed wire fences, mine fields and concrete bar- riers should again sever ceased supporting the goal of internationaliza- tion of Jerusalem and in- stead called for inter- nationalization of the Holy Places. From 1952 to 1967, the UN was com- pletely silent on the ques- tion of Jerusalem. • In June 1967, Jodran deliberately overthrew the Armistice Agreements and attacked Israel, in a clear and unequivocal case of ag- gression. • Israel's defensive ac- tions left it in possession of all of Jerusalem, which was then reunited. Jordan, the unlawful occupant of East Jerusalem, was defeated in battle; Israel, responding defensively and legally to • Freedom of religious worship at and access to the Holy Places is guaranteed under the laws of the state of Israel. Sixteen years of practice have demonstrated Israel's continuing and absolute commitment to this principle. -Muslims enjoy full religious freedom under Israeli jurisdiction, something Jews were de- nied under Jordanian occu- pation. • The role of the UN, with respect to the future of Jerusalem and the Holy Places, is juridically limited. The General As- sembly has no power to dis- pose of Jerusalem and no right to establish regula- tions for the Holy Places. Since there was no threat to or breach of peace, and no aggression committed by Is- rael in reunifying Jerusalem, the Security Council has no jurisdiction in the matter of the future of Jerusalem and the Holy Places. • Israel's government actions with respect to Jerusalem have all been entirely lawful and thus valid. ' • While access for all is now assured, the detailed resolution of the question of the Holy Places is a matter that Israel has said it is pre- pared to discuss as part of a comprehensive peace set- tlement. In summary, Jerusalem has been the capital of the Jewish people for over 3,000 Years, since the time of King David. It has been the site of continuous Jewish settle- ment and the focus of Jewish spiritual, cultural and national life. While it contains holy sites of pro- found significance to Islam and Christianity, Jerusalem's meaning in Jewish history encompasses the totality of Jewish ex- perience. The rebirth of the Jewish state and the reunification of its capital have taken place in accordance with in- ternational law and propri- ety, fully mindful and pro- tective of the rights of all religions and of all Israeli minorities to worship in the shrines each regards as holy. The fundamental justice and morality of Israel's stance on these issues merits the support of the in- ternational community of states. Western democ- racies committed to the same basic values as Israel can best serve the cause of peace by applauding Israel's initiatives and by granting Israel's capital the full . recognition which it merits. The Greening of Je rusalem By YEHONATHAN TOMMER World Zionist Press Service JERUSALEM -- Visitors its streets; that armed to Jerusalem are invariably men again patrol a fron- stunned by the Holy City's' many splashes of green, tier through its heart. often in quite unexpected I fear the re-division of parts of the busy streets. Jerusalem not only as the mayor of the city, as a Jew Yet those living in the outer and as an Israeli, but as a belt still feel a lack of local human being who is deeply parks. Planners recognize sensitive to its history and that existing parks, impres- sive as they are in quantity who cares profoundly about the well-being of its inhabi- and quality alike still don't always meet the recreation tants. needs of a modern met- Jerusalem is, of course, ropolis of over 400,000. one of the oldest cities. A family stroll down the Signs of human habitation tree-lined slopes of the have been found dating back at least 4,000 years. In the course of these millen- nia it has been coveted and conquered by a host of peoples: Canaanites, Jebu- sites, Jews, Bablonians, As- syrians, Persians, Romans, Byzantines, Arabs, Crusad- ers, Memelukes, Ottomans, British, Jews. But through- out those thousands of years, Jerusalem has been divided for less than two de- cades — from 1948-to 1967. It must never again be di- vided. Once more to cut this living city in two would be as cruel as it is irrational. Bloomfield Gardens below the King David Hotel and Yemin Moshe is an unusual experience, if only because of the breath-taking view of the Old City and the Judean Desert. The Liberty Bell Garden opposite the new Sheraton Hotel may be smaller than Central Park and the lawns of the Sacher Park below the Knesset don't compare with Hyde Park. Yet they are big enough to have changed Jerusalem's land- scape thoroughly. Of course, Jerusalem has grown tremendously during the past decade. To meet the vital leisure time needs of the capital's growing population, the Jewish National'Fund, in cooperation with the Jerusalem Municipality, has begun an imaginative program of afforestation to encircle the greater met- ropolitan area of Jerusalem with' a lush ring of forest parkland. It is to be equip- ped with active recreation facilities and doted with no picnic sites. The new phase of the af- forestation program was launched in 1981 to coincide with the JNF's 80th an- niversary celebrations. rz, its,"•5",rzx^ Ot1 4°t,4 This old etching shows Jerusalem's Damascus gate, city walls and ap- proaches.