Mohammad Amjad Hossain :
President Donald Trump of the United States of America has in fact disregarded tradition of the United States and international law for re-establishing embassy of the United States from Tel Aviv to Jerusalem on 14 May this year in spite of opposition of the world which has been unanimously displayed in the decision of General Assembly of the United States on 17 December of 2017. 128 countries voted against the United States. The foundation of American embassy was laid practically by President Trump himself by sending videotaped his message which ,interalia, said Israel was a sovereign nation with the right like every other sovereign nation to determine its own capital. US remained committed to facilitating a lasting peace agreement. The President’s daughter Ivanka Trump, an advisor to the President, unveiled the dedication plague and seal of US embassy. Foundation of American embassy in Jerusalem is coincided with 70th anniversary of establishment of State of Israel in Palestinian occupied territories. Interesting enough was to witness presence of Israeli Prime Minister Benjamin Netanyahu, who also spoke, and Israeli Ambassador to the United States Ron Darner on the inaugural ceremony of American embassy in Jerusalem. American delegation is led by Vice-President Mike Pence.
Inauguration ceremony was heralded with clashes between Palestinians from Gaza strip and Israeli soldiers which has caused death to around 61 Palestinians and wounded 2700, apart from protest by Palestinians in East Jerusalem. This is second tragic massacres by Israeli soldiers since 2014.Not only Trump administration refused to criticize Israel but also blocked Kuwaiti statement in the security council which reportedly expressing of rage and sorrow called for an independent and transparent investigation into Israeli’s action on the border on 14 May. In his inaugural address Vice-President Mike Pence described as nothing less than a great day for Israel and adding Israel was not just 70 years old—it’s 70 years strong while Jared Kushner, a Senior advisor to US President and son-in-law, pointed finger at the Palestinians saying they were responsible for provoking violence. Fourth Geneva convention applies protection of the people in occupied Palestine territories. Therefore, it was the responsibility of Israel to protect Palestinians.
Since recognition of state of Israel by the United States in 1948 no President of the United States has moved its embassy to Jerusalem. The status of Jerusalem is disputed in both International law and diplomatic practice as of now. Now Guatemala declared to move its embassy to Jerusalem. Romania in Europe also planned to move its embassy to Jerusalem.
Basic concept of resolution of General Assembly of the United Nations 181 is known as partition plan after the vacation of mandate by the United Kingdom given by League of Nations following defeat of Ottoman empire during first world war. The plan was to divide Palestine into Arab and Jewish states with Jerusalem being established as a corpus separatism with legal and political status to be administered by the United Nations. Following six-day war with Arab countries in 1967 Israel has enacted Jerusalem law by its Knesset in 1980 declaring complete and united Jerusalem as the capital of Israel.
Israeli law was declared null and void by unanimous resolution 478 of the Security council on 20 August of 1980.This was one of seven security council resolutions against annexation of Jerusalem by Israel. It means Israel has shown damn to the resolution of the security council which by implication violation of law. Palestine Liberation Organization considers East Jerusalem is an occupied territory according resolution of 242 which in fact affirmed Palestine people have right to sovereignty over East Jerusalem.
In the past five decades US President of both parties have opposed colonization of occupied Palestine territories while during Presidency of President Obama remained abstain on security council resolution on 23 December of 2016 demanding Israel’s end of settlement construction in occupied Palestine territories. In fact, construction of settlements in occupied territories goes against Fourth Geneva convention. This has been, time and again, confirmed by UN security council, the General assembly of the United Nations, the International committee of Red Cross, the International court of Justice and the High contracting parities to the Geneva convention. Therefore, Israel has consistently been violating International law through settlement of Jewish in occupied territories.
Shifting of US embassy to Jerusalem has been approved by US congress in 1995 as embassy act. But President Trump’s decision now to move embassy from Tel Aviv to Jerusalem appears to be on the ground of ignoring series of investigation against him, his son and son-in-law by Special counsel against his involvement with Russian Federation, apart from offering money to porn actress to hide his crime. Another bomb shell has been exploded by Senate Intelligence committee on 16 May which confirmed Russia has had a hand in 2016 presidential election in favor of candidate Donald Trump. Similarly, Prime Minister of State of Israel Benjamin Netanyahu, who has established close link with US President Trump, is facing investigation on a charge of bribery. Establishing US embassy in Jerusalem has added a further cap to Israeli Prime Minister indeed following pulling out from nuclear deal with Iran on an apparent advice of Israeli Prime Minister.
Meanwhile,57-member Organization of Islamic Cooperation (OIC) considered US move was an illegal decision and an attack on the historical, legal, natural and national rights of Palestine people. It further said the move represented an affront to international peace and security.
The white house came out with a statement on 16 May that moving the US embassy to Jerusalem will increase stability and the chance of peace but establishing US embassy in Jerusalem in fact has been ignored 70 years of international consensus, apart from two state solution will remain as elusive as ever. Instead another Intifada is likely to flare up in occupied Palestinian territories.
(Mohammad Amjad Hossain, retired diplomat from Bangladesh, who writes from Virginia, USA).
