The Transfer of Washington Embassy to Jerusalem; Documentary Analysis Based on International Legal Systems and US Procedures
Subject Areas : International Relations
mohsen bayat
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as
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Keywords: Jerusalem, Legal system of occupation, Legal System of Identification, Transfer of Embassy, Unilateral Legal Acts,
Abstract :
The Trump Statement on the Transfer of the US Embassy to Jerusalem is inherently a unilateral legal action with these commitments for Israel: identifying Jerusalem as the capital of Israel; transferring the US Embassy from Tel Aviv to Jerusalem; Although the US embassy has been moved to Jerusalem, but these questions still remain: According to international Law and legal procedure of U.S, are Trump's unilateral commitments legitimate? What are illegitimate consequence of this transfer on legal and political situation of Jerusalem? This article is based on the assumption that Trump's obligations are based on a contradictory law, and are conflict with International Legal System of occupied territories, domestic legal procedure of U.S and international rules about the identification of new situations, so they are domestically and internationally illegitimate. We examine this hypothesis with documentary analysis, this method based on first-hand sources that have the characteristics of authenticity, validity, agency, and meaning such as international conventions, treaties, resolutions. Due to the weakness of the international legal system about the identification of new situations and the international legal system about the occupied territories, the transfer of the embassy could result in illegal territorial annexation, unilateral legal action, and the continued illegal occupation of Jerusalem by Israel. Therefore, the transfer of U.S embassy not only poses significant challenges to the efficiency of the international legal system related to Jerusalem, but will also make the political process of peace more difficult than ever.
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