GOVERNMENT HOUSE
JERUSALEM – BRIEFING PAPER AS TO STATUS
Government House Jerusalem 1930’s
Israel State Archives
BACKGROUND
TO THE PRESENCE OF BRITAIN IN ERETZ YISRAEL
After
ruling vast areas of Eastern Europe, South-western Asia, and North Africa for
centuries, the Ottoman Empire lost all its Middle East territories in
World War One. The Treaty of Sèvres of August 10, 1920 abolished the Ottoman
Empire and obliged Turkey to renounce all rights over Arab Asia
and North Africa. It was replaced by the Treaty of Lausanne in 1923. The
status of the former possessions was determined at a conference of the Allied
Supreme Council (comprising of Britain, France, Italy and Japan) in San
Remo, Italy on April 24-25, 1920 with the United States having
observer status. Syria and Lebanon were mandated
to France while Mesopotamia (Iraq) and the southern portion of the territory
(Palestine) were mandated to Britain, with the charge to implement the
Balfour Declaration.
These
conference's resolutions were confirmed unanimously by all fifty-one member
countries of the League of Nations on July 24, 1922 and they were
further endorsed by a joint resolution of the United States Congress in the
same year. Subsequently in the Anglo-American Treaty on Palestine, signed
by the US and Britain on December 3, 1924, the text of the
Mandate for Palestine was incorporated. The treaty protected the rights of
Americans living in Palestine under the Mandate and more significantly it also
made those rights and provisions part of United States treaty law which are
protected under the US constitution. The League of Nations was
the first international organization whose principal mission was to
maintain
world peace. Its primary goals, as stated in its Covenant,
included preventing wars through collective security and disarmament and settling international
disputes through negotiation and arbitration. On 19 April 1946, the League Assembly decided to
dissolve the League and to transfer its services, mandates, and property to
the United Nations (UN)
BACKGROUND TO GOVERNMENT HOUSE BUILDING COMPLEX
When High Commissioner Herbert Samuel was appointed in 1920
he made his headquarters in the 1910 constructed German Augusta Victoria
building on Mount Scopus. His successor, Lord Herbert Plummer, detested the
German building and requested a substitute be found. British architect, Austen
St. Barbe Harrison, a relative of Jane Austen, was given the commission and
commenced the design in 1927 for a new Government House. Construction was
undertaken by the Italian construction company, Ernesto D. A. Da Faro, employing
400 workers including highly skilled craftsmen from the whole of the Middle
East. The complex’s location was selected due to its symbolic and strategic
basis on the high ground, south of the Old City, overlooking the valley of
Hinnom, the Old City, David’s City and beyond that to the Mount of Olives and
the distant mountains of Moab. The complex was completed in 1933 and was at
that time the most magnificent building in Jerusalem. The interior was designed
in Arabic style, clearly reneging on the Mandate to establish a Jewish State
(1).
HISTORICAL DETAILS OF THE ILLEGAL OCCUPATION
OF GOVERNMENT HOUSE
The British High Commissioner,
Sir John Cunningham, departed from Government House at 8.00 a.m. on the morning
of May 14, 1948. Dr. Dov Joseph, who was the Israeli Military Governor of
Jerusalem in 1948, provides concise details of events that took place
subsequent to the departure of the British High Commissioner (2).
In January 1948, British
Mandatory Officials invited the International Red Cross to help minimize
suffering in the conflict on a humanitarian level. The delegation arrived in March 1948 headed
by a Swiss Red Cross Official, Mr. J. de Reynier. On April 22, 1948 the IRC announced it was
setting up security zones known as “Geneva Houses” for women and children under
the Red Cross flag. These “Geneva
Houses” were to serve as refuges for non-combats when fighting took place in
their vicinity. The houses were located
in the King David Hotel, Terra Sancta and Government House. These locations were remote from highly
populated Jewish areas and as such no Jewish women or children found shelter in
these zones. The Jewish authorities had
requested that these “Geneva Homes” be set up in exposed places in highly
populated Jewish areas. At the time, the impression was gained that the British
had an interest in ensuring the three designated buildings did not fall into
Jewish hands and that de Reynier was prepared to collude to this. Irrespective, the Arab forces under the
leadership of the Arab Legion commanded by John Glub, disregarded the presence
of the said zones when they bombed the city.
On July 18, 1948, de Reynier demanded that Israeli forces move out of
the King David Hotel, which they had moved into as the United Nations had moved
out. De Reynier, on the refusal of the
Israeli authorities to hand over the King David Hotel, advised he was intending
to discontinue the Red Cross working in Jerusalem. Dov Joseph advised him that it appeared that
the Red Cross wished to give up the Security Zone as well as the YMCA building
opposite and as there were no residents in the immediate vicinity so there was
no need to maintain the hotel as a refuge for non-existent refugees. On July 22, 1948 the flag of the IRC was
lowered from its office in the YMCA building and Josef’s view was that the IRC
had neglected their duty to help the women and children, non-combats, in
Jerusalem. It appeared to him that the
IRC were making efforts to place Jerusalem under their control which were the
exclusive prerogative of the UN. The IRC
then directed its efforts into setting up security zones but whilst maintaining
control of the zones they did not provide help to the refugees there.
Upon refusal to return the King
David Hotel the IRC withdrew into Government House.
At the end of September 1948 the
IRC suddenly departed from their zone around Government House and from the
whole of the City of Jerusalem. Josef
relates that the IRC gave no prior notice of their intention despite the
assurances given by de Reynier that the area would not be evacuated without
prior notice to both sides. When de
Reynier was challenged regarding rumors of the intention, his response was, he
had not been instructed to lower the IRC flag.
When pressed for clarification, this was not provided. Josef, as Israeli
Military Governor of Jerusalem, wrote to him with regard to previous
correspondence from the IRC which indicated the IRC did not intend to leave the
building. No response was forthcoming.
On September 30, 1948 the IRC left Government House without prior
notification, as had been promised by them.
Without any consultation with the Israeli Authorities, they handed over
Government House to the United Nations Observers who put up the UN flag as the
IRC flag was lowered. Josef met the head
of the UN Observers, Colonel Millett at 6:00 p.m. to discuss the Red Cross Zone
but Millett didn’t mention the IRC would be leaving. In Josef’s mind it appeared that the IRC had
a secret agreement with the UN and Josef advised Shertok (Moshe Sharett) to
issue a formal protest to IRC in Geneva regarding this conduct which was
deliberate deception.
Bernard Wasserstein (3) advises
that De Reynier had at an early stage called for Jerusalem to be turned into a
Red Cross City. However, the British
High Commissioner simply responded, “He would, until May 15, have authority and
the power to take the decision that seemed best to him.” The IRC plan was reported to the Security
Council three days later and the Russian delegate, Gromyko, dismissed it with
scorn stating, “Who has ever entrusted the administration of any city or
country? No one could ever have
conceived such an idea. And yet we have before us a proposal to make the Red
Cross master of Jerusalem. Needlessly to
say this would obviously be tantamount to making two or three countries the
masters who would use the IRC as their instrument to establish in Jerusalem the
regime they considered necessary.”
Wasserstein states that the area
around Government House had been partly occupied by Egyptian troops who
repulsed the unsuccessful attack by Israeli forces. Subsequently, both Arab and Israeli forces on
September 4, 1948 agreed to withdraw from the area and on September 30 the UN took over the Red Cross
zone around the High Commissioner’s
residence that subsequently became a UN zone outside the jurisdiction of any
state. Initially, it was guarded by
two detachments of the Arab Legion and Israeli soldiers prior to the arrival of
UN guards.
Thus the UN area became part of
no man’s land in the 1949 Armistice Agreement between Jordan and Israel. A
demographic analysis of the location of Jewish populated areas in Jerusalem in
1947/48 (4) clearly shows that “Geneva Houses” were NOT in the vicinity of
these areas and hence there is evidence that the IRC had ulterior motives not commensurate with its humanitarian
goals.
Documentary evidence relating to
ownership and status of Government House complex under the UN between 1948-67
is unclear but it is clear that according to the Armistice Agreement between
Israel and Jordan signed at Rhodes in 1949 the area was designated as a
demilitarized NO-MANS LAND. Following the Six Day War in 1967 subsequent
developments clarify it is not UN property. At some stage prior to ‘67 the UN
also erected a structure on the opposite hill, south of the complex on which
was located a huge radio transmission mast –Antenna Hill. This being outside
the boundaries of Government House complex.
EVENTS FROM 5 JUNE
1967
At 11:25 on the June 5, 1967, without provocation and despite messages
from Israel to keep out of the war, the Jordanians attacked and occupied the
Government House Complex.
According to UN yearbook 1967(5)
“ Despite assurances received from Israel and Jordan by the Chief of Staff of
UNTSO that they would respect the inviolability of the UNTSO headquarters in
Jerusalem, Jordanian soldiers had occupied the garden of Government House and
an exchange of fire had begun between them and Israeli soldiers. The
Secretary-General said that he had sent an urgent appeal to the King of Jordan
for the immediate removal of Jordanian troops from the Government House
compound. The Chief of Staff of UNTSO had reported that the Jordanian soldiers
in the Government House compound had been attacked and later driven out by Israeli
troops, who had subsequently forcibly occupied Government House and that he and
his staff had been escorted into Israel.” That day the UN Secretary General
sent the following cable to Israeli Prime Minister Eshkol.
“His Excellency Mr. Levi Eshkol
Prime Minister of Israel Jerusalem (Israel) "I understand that Israeli
forces have now displaced the forces of Jordan in the Government House Compound
in Jerusalem. Whatever the circumstances leading to the Israeli occupation of
Government House and its grounds, its continued occupation by Israeli troops is
a most serious breach of the undertaking to respect its inviolability. "I
therefore request the Government of Israel to restore the grounds and buildings
of the Government House Compound urgently to exclusive United Nations control.
When this has been done I propose to seek a formal undertaking from both sides
to respect UNTSO's occupation of Government House in the future”
In the battle to displace the
Arab Legion from Government House 21 IDF soldiers made the supreme sacrifice.
On July 10, 1967 Israel set up a
committee what to do with the Government House Complex (5). In the summer when
Israel decided to annex Jerusalem, Government House posed a problem. Moshe
Dayan told his fellow ministers, we can’t say we’re the sovereign in Jerusalem
without behaving as a sovereign, and that includes agreeing with the UN on the
status of their building in our sovereign territory. Justice Minister Shapira
recognized the UN was hardly about to sign an agreement with Israel accepting
the building for its use, since this would entail UN recognition. Eventually
they wrote to UN Secretary General that Israel was putting the building and
gardens (not the surrounding area) at the UN’s disposal and would not insist on
a contract or even official communication. Begin insisted the letter should
state specifically that Israel was putting “its building” at the disposal of
the UN but lost the vote the next morning. A week later on 14 July 1967,
Government House Complex was registered at the Israel Land Registry (Tabu)
Reference 445/67 with the
status of State Land belonging to the State of Israel.
In April 1971 The UN Secretary
General (7) reported there had been an exchange with Israel concerning the
status of Jerusalem and the UN premises at Government House. A reply from
Israel on March 8, 1971 to UN Secretary General of January 26, 1971 in which it
stated “the Government of Israel wishes to place on record its reservations to
the various legal and considerations advanced in these two notes, and more
particularly to the references in them to claims of the UN “to the occupancy
and possession of the whole of the premises ‘of Government House. On the April
12, 1971 the UN Secretary General responded with respect to the January 26,
1971 requesting the return of the whole of the UN premises at Government House
as constituted on June 5, 1967, the Secretary General notes that the reply
contains no direct response to this request. The Secretary General then
reiterated his request for the unreserved return to the UN of the remainder of its Government House premises.
However, the people in Israel did
not agree with the decision and this has been a thorn in the side of the state
since in essence it gives de facto recognition that the UN rules Jerusalem by
staying on the commanding southern heights overlooking the ancient city without
any title deed to the property. The buildings were de jure British Mandate
property that should have been handed over in 1948 to Israel and not the IRC
which illegally passed them over to the UN. This was the duplicity of the UK
government which hoped for a ‘Corpus
separatum’ according to the UN Partition plan of 1947.
On 31 July 1988, King Hussein
announced the severance of all legal and administrative ties with the West Bank
that Jordan had illegally occupied from 1948-1967. As such the UN presence in
Government House Complex no longer had any legal validity or geopolitical reason
save to act to overrule the Jewish right of Jerusalem.
ILLEGAL EXTENSION OF COMPLEX
AND ILLEGAL CONSTRUCTION BY THE UN
In 1973 the UN
constructed a dirt track outside the original Government House Complex (44.5
dunams) extending the area by an additional 33 dunams. Two years later they
began using this "annexed" area, for container storage and vehicle parking.
By 1990 the first permanent
building was constructed in this area. In 1994 the existing and extended area
was surrounded by a new fence. Twenty years later a large hanger type building
was erected in the extended area. Subsequently, in 2015 a new building was
erected in the original area of the Government House Complex to be followed
last year by yet another building not far from the western entrance gate to the
Complex. In the last year the UN has undertaken work to modify the original
Government House structure, externally and internally.
There are no Jerusalem Municipality records regarding
applications by the UN for any building permits and no records of the issuance
of building permits. In addition, the Jerusalem Urban Planning Scheme
delineated a delimitation line for public buildings on the site, and five buildings
have been identified as being built outside this demarcation line. Furthermore,
as these are historic buildings no modification can take place without the
authorization of the appropriate institution of the State of Israel. The organization,
Regavim, has in the last two weeks applied to the Israel Supreme Court
challenging the inaction of the appropriate government and municipal
institutions to take appropriate actions for the UN to comply with the law.
Below is an aerial view of the complex, the inner line is the original area and
the outer is the extended as current.
2. Dov Joseph “The Faithful City” (Siege
of Jerusalem 1948) Simon & Schuster NY 1960
3. Bernard Wasserstein “Divided
Jerusalem” (The struggle for the Holy City) Profile Books London 2001
4. Martin Gilbert “Jerusalem”
(illustrated Historical Atlas) Board of Deputies London 1977
5. UN Yearbook 1967
6, The English Language Blog of the Israel
State Archives (extracted from files 7910/30-א
and 12796/12-ג)
7. UN Security Council
Document S/10124/Add.1 20 April 1971