Furore over Palestine as Trump illegally relocates US embassy to Jerusalem

The events that took place in Jerusalem and on the Israeli-Gaza border on May 14-15 have widened the gulf between Washin-gton and the rest of the world. Symbolism paved the path that reflected complete disregard for international law and world opinion.

The shifting of the US Embassy to the Occupied City of Jerusalem on May 14 was an illegal unilateral act. This not only contravened international law including the Fourth Geneva Convention, but also was contrary to all UN Security Council, General Assembly and Human Rights Council Resolutions, which affirm the status of Al-Quds as an occupied territory under Israel, the occupying power, since 1967.

This outrageous development was carefully orchestrated to coincide with the anniversary on May 15 of what the Palestinians call the "Nakba" or Catastrophe. They observe the day in memory of the more than 700,000 Palestinians who were either driven from, or had to flee their homes during the Arab-Israeli war that accompanied the creation of the State of Israel in 1948.

The UN Human Rights Council Chief Zeid Raad Al Hussein has observed that what happened on these two days was totally unacceptable. Israel's actions, according to him, might, "constitute 'willful killings'-a grave breach of the Fourth Geneva Convention", an international law designed to protect civilians under occupation. He supported a call for an "international, independent and impartial" investigation into the violence in Gaza and adding that "those responsible for violations must in the end be held accountable". Aviva Raz Shechter, Israel's Ambassador to the Council, however, rejected the blame and claimed Israel had done everything possible to avoid harming civilians.."

The tragic happenings of May 14-15 confirmed the worst fears about the overwhelming negative consequences that could ensue from the shifting of the US Embassy to occupied Jerusalem from Tel Aviv. A whole range of Palestinians' human rights, including their fundamental right to self-determination, has been violated. Hatred, discrimination, extremism and violence on a large scale have been incited.

The UN Committee on Elimination of Racial Discrimination (CERD) on May 14 issued a statement that, inter alia, urged Israel, the Occupying Power, to put an immediate end to the disproportionate use of force against Palestinian demonstrators, refrain from any act that could lead to further casualties and ensure prompt and unimpeded access to medical treatment to injured Palestinians. It urged that an impartial investigation into the use of force against Palestinian demonstrators should be initiated in compliance with international standards so that those responsible can be held accountable.

The OIC Member States as well as many countries in Europe have stressed the adverse implications of this move of the US Embassy to Jerusalem on the prospects for the two-state solution, which has been the cornerstone of a possible lasting solution of the Arab-Israel conflict.

Many have asked the question as to why President Trump had to do what he did at this point of time when his Administration is already pre-occupied with the evolving situation in the Korean Peninsula and also with regard to the after-effects of the USA coming out of the Iran nuclear deal. One feels that this open shift in policy on Jerusalem has resulted from overt and covert pressure from pro-Israel politicians in Washington. This had led Trump to promise such a move during his election campaign. Vice President Mike Pence and David Friedman, the US Ambassador to Israel, are thought to have pushed hard for the relocation of the Embassy and the recognition of Jerusalem as the capital of Israel. This decision received the support and was popular with many conservatives and also evangelical Christians who had voted for Trump and Pence.

Trump appears to have acted under a 1995 law that requires the United States to move its Embassy to Jerusalem. Trump used this as an excuse which had been overlooked by his predecessors, Clinton, Bush and Obama through the use of signed waivers. Trump boasted that unlike previous Presidents he has "courage" to do what he did.

Israel's foreign ministry has reported that all 86 countries with diplomatic missions in Israel were invited to the US Embassy opening ceremony, but only 33 countries confirmed attendance. However, the Nigerian and Thai representatives did not eventually attend. As expected, those who attended included Serbia, Ukraine, Austria, Ethiopia, Kenya, Myanmar, Vietnam and the Philippines which are in dire need of US support in matters related to their national security or trade. Guatemala and Paraguay have already moved their embassies to Jerusalem.

It may be recalled that in December, 2017, 128 countries voted in a non-binding UN General Assembly Resolution calling on the United States to drop its recognition of Jerusalem as Israel's capital. Nine voted against, 35 abstained and 21 did not cast a vote. It is clear that all those who voted for the resolution have received a slap on their faces. So has everyone connected with the United Nations.

The emerging chasm between the United States and the rest of the world, including the European Union (EU), was most obvious when eight members of the EU lined up at the United Nations to call on Israel to restrain from using excessive force, on Hamas to ensure protests in Gaza remain non-violent and for a political resolution to tensions that had left so many people including children dead. The independent resolution observed: "While recognising the right to protect its borders, we expect Israel to respect the fundamental right to peaceful protests and the principle of proportionality in the use of force when defending its legitimate security interest." The Europeans prepared the independent statement, they said, because of the Security Council's inability to express itself jointly -- an indirect reference to division with the US.

Haley, US Permanent Representative to the United Nations, however, struck an entirely different note at an emergency meeting of UN Security Council. She questioned why the Council wasn't discussing Iranian violence, whether there was any link between the violence and the Embassy opening, and said the issue wasn't worthy of a UN meeting at all. She congratulated Israel for marking the 70th anniversary of Israel's independence but did not mention any Palestinian deaths or injuries in her remarks. Haley claimed that, "moving the US Embassy to Jerusalem was the right thing to do," and it "reflects the will of the American people." But poll released in December last year showed that 63 per cent of Americans, including 44 per cent of Republicans, opposed the move. The US also blocked a proposed draft of a UN Security Council press statement on the violence and ongoing protests in the Gaza Strip. Human Rights Watch (HRW) has commented that the US decision to block the proposed draft undermined Washington's credibility.

UK Prime Minister Teresa May, speaking in London has called Israel's use of live fire "deeply troubling" and asked for an independent investigation into the deadly clashes. She was joined by Turkish President Recep Tayyip Erdogan who had already condemned the US Embassy move. A day earlier, France officially expressed its disapproval of the move.

German Chancellor Angela Merkel expressed her "concerns about the escalation of violence" in a phone call with Israeli Prime Minister Benjamin Netanyahu on May 15. "

Some within the US Administration have argued that this latest step is a reflection of reality, though the city's final boundaries can still be determined through negotiations. This is a bit confusing as President Trump have remarked that he has taken the issue "off the table".

One thing is clear. It is a volatile situation. Trump's decision on Jerusalem, and Israel's heavy-handed approach in Gaza, reduce their room for manoeuvre.

Muhammad Zamir, a former Ambassador, is an analyst specialised in foreign affairs, right to information and good governance.

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