Israeli Prime Minister Binyamin  Netanyahu told the American Israel Public Affairs Council on Monday  that "Jerusalem is not a settlement."  He continued that the  historical connection between the Jewish people and the land of Israel  cannot be denied.  He added that neither could the historical connection  between the Jewish people and Jerusalem.  He insisted, "The Jewish  people were building Jerusalem 3,000 years ago and the Jewish people are  building Jerusalem today."  He said, "Jerusalem is not a settlement.   It is our capital."  He told his applauding audience of 7500 that he was  simply following the policies of all Israeli governments since the 1967  conquest of Jerusalem in the Six Day War.
Netanyahu mixed  together Romantic-nationalist cliches with a series of historically  false assertions.  But even more important was everything he left out of  the history, and his citation of his warped and inaccurate history  instead of considering laws, rights or common human decency toward  others not of his ethnic group.
So here are the reasons that  Netanyahu is profoundly wrong, and East Jerusalem does not belong to  him.
1.  In international law, East Jerusalem is occupied  territory, as are the parts of the West Bank that Israel unilaterally  annexed to its district of Jerusalem.  The Fourth Geneva  Convention of 1949 and the Hague Regulations of 1907 forbid occupying  powers to alter the lifeways of civilians who are occupied, and  forbid the settling of people from the occupiers' country in the  occupied territory.  Israel's expulsion of Palestinians from their homes  in East Jerusalem, its usurpation of Palestinian property there, and  its settling of Israelis on Palestinian land are all gross violations of  international law.  Israeli claims that they are not occupying  Palestinians because the Palestinians have no state are cruel and  tautological.  Israeli claims that they are building on empty territory  are laughable.  My back yard is empty, but that does not give Netanyahu  the right to put up an apartment complex on it.
2.  Israeli  governments have not in fact been united or consistent about what to do  with East Jerusalem and the West Bank, contrary to what Netanyahu says.   The Galili Plan for settlements in the West Bank was adopted only in  1973.  Prime Minister Yitzhak Rabin gave undertakings as part of the  Oslo Peace Process to withdraw from Palestinian territory and grant  Palestinians a state, promises for which he was assassinated by the  Israeli far right (elements of which are now supporting Netanyahu's  government).  As late as 2000, then Prime Minister Ehud Barak claims  that he gave oral assurances that Palestinians could have almost all of  the West Bank and could have some arrangement by which East Jerusalem  could be its capital.  Netanyahu tried to give the impression that far  rightwing Likud policy on East Jerusalem and the West Bank has been  shared by all previous Israeli governments, but this is simply not true.
3.  Romantic nationalism imagines a "people" as eternal and as having an  eternal connection with a specific piece of land.  This way of thinking  is fantastic and mythological.  Peoples are formed and change and  sometimes cease to be, though they might have descendants who abandoned  that religion or ethnicity or language. Human beings have moved all  around and are not directly tied to any territory in an exclusive way,  since many groups have lived on most pieces of land.  Jerusalem was not  founded by Jews, i.e. adherents of the Jewish religion.  It was founded  between 3000 BCE and 2600 BCE by a West Semitic people or possibly the  Canaanites, the common ancestors of Palestinians, Lebanese, many Syrians  and Jordanians, and many Jews. But when it was founded Jews did not  exist.
4.  Jerusalem was founded in honor of the ancient god  Shalem.  It does not mean City of Peace but rather 'built-up place of  Shalem."
5.  The "Jewish people" were not building Jerusalem 3000  years ago, i.e. 1000 BCE. First of all, it is not clear when exactly  Judaism as a religion centered on the worship of the one God took firm  form.  It appears to have been a late development since no evidence of  worship of anything but ordinary Canaanite deities has been found in  archeological sites through 1000 BCE.  There was no invasion of  geographical Palestine from Egypt by former slaves in the 1200s BCE.   The pyramids had been built much earlier and had not used slave labor.   The chronicle of the events of the reign of Ramses II on the wall in  Luxor does not know about any major slave revolts or flights by same  into the Sinai peninsula.  Egyptian sources never heard of Moses or the  12 plagues & etc.  Jews and Judaism emerged from a certain social  class of Canaanites over a period of centuries inside Palestine.
6.   Jerusalem not only was not being built by the likely then non-existent  "Jewish people" in 1000 BCE, but Jerusalem probably was not even  inhabited at that point in history.    Jerusalem appears to have been abandoned between 1000 BCE and 900 BCE,  the traditional dates for the united kingdom under David and Solomon.   So Jerusalem was not 'the city of David,' since there was no city when  he is said to have lived.  No sign of magnificent palaces or great  states has been found in the archeology of this period, and the Assyrian  tablets, which recorded even minor events throughout the Middle East,  such as the actions of Arab queens, don't know about any great kingdom  of David and Solomon in geographical Palestine.
7. Since  archeology does not show the existence of a Jewish kingdom or kingdoms  in the so-called First Temple Period, it is not clear when exactly the  Jewish people would have ruled Jerusalem except for the Hasmonean  Kingdom.  The Assyrians conquered Jerusalem in 722.  The Babylonians  took it in 597 and ruled it until they were themselves conquered in 539  BCE by the Achaemenids of ancient Iran, who ruled Jerusalem until  Alexander the Great took the Levant in the 330s BCE.  Alexander's  descendants, the Ptolemies ruled Jerusalem until 198 when Alexander's  other descendants, the Seleucids, took the city.  With the Maccabean  Revolt in 168 BCE, the Jewish Hasmonean kingdom did rule Jerusalem until  37 BCE, though Antigonus II Mattathias, the last Hasmonean, only took  over Jerusalem with the help of the Parthian dynasty in 40 BCE.  Herod  ruled 37 BCE until the Romans conquered what they called Palestine in 6  CE (CE= 'Common Era' or what Christians call AD).  The Romans and then  the Eastern Roman Empire of Byzantium ruled Jerusalem from 6 CE until  614 CE when the Iranian Sasanian Empire Conquered it, ruling until 629  CE when the Byzantines took it back. 
The Muslims conquered  Jerusalem in 638 and ruled it until 1099 when the Crusaders conquered  it.  The Crusaders killed or expelled Jews and Muslims from the city.   The Muslims under Saladin took it back in 1187 CE and allowed Jews to  return, and Muslims ruled it until the end of World War I, or altogether  for about 1192 years.
Adherents of Judaism did not found  Jerusalem.  It existed for perhaps 2700 years before anything we might  recognize as Judaism arose.  Jewish rule may have been no longer than  170 years or so, i.e., the kingdom of the Hasmoneans.
8.  Therefore if historical building of Jerusalem and historical connection  with Jerusalem establishes sovereignty over it as Netanyahu claims, here  are the groups that have the greatest claim to the city:
A.  The  Muslims, who ruled it and built it over 1191 years.
B.  The  Egyptians, who ruled it as a vassal state for several hundred years in  the second millennium BCE.
C.  The Italians, who ruled it about  444 years until the fall of the Roman Empire in 450 CE.
D.  The  Iranians, who ruled it for 205 years under the Achaemenids, for three  years under the Parthians (insofar as the last Hasmonean was actually  their vassal), and for 15 years under the Sasanids.
E.  The  Greeks, who ruled it for over 160 years if we count the Ptolemys and  Seleucids as Greek.  If we count them as Egyptians and Syrians, that  would increase the Egyptian claim and introduce a Syrian one.
F.   The successor states to the Byzantines, which could be either Greece or  Turkey, who ruled it 188 years, though if we consider the heir to be  Greece and add in the time the Hellenistic Greek dynasties ruled it,  that would give Greece nearly 350 years as ruler of Jerusalem.
G.   There is an Iraqi claim to Jerusalem based on the Assyrian and  Babylonian conquests, as well as perhaps the rule of the Ayyubids  (Saladin's dynasty), who were Kurds from Iraq.
9.  Of course,  Jews are historically connected to Jerusalem by the Temple, whenever  that connection is dated to.  But that link mostly was pursued when Jews  were not in political control of the city, under Iranian, Greek and  Roman rule.  It cannot therefore be deployed to make a demand for  political control of the whole city.
10.  The Jews of Jerusalem  and the rest of Palestine did not for the most part leave after the  failure of the Bar Kochba revolt against the Romans in 136 CE.  They  continued to live there and to farm in Palestine under Roman rule and  then Byzantine.  They gradually converted to Christianity.  After 638 CE  all but 10 percent gradually converted to Islam.  The present-day  Palestinians are the descendants of the ancient Jews and have every  right to live where their ancestors have lived for centuries.
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PS:   The sources are in the hyperlinks, especially the Thompson edited  volume.  See also Shlomo Sands recent book.

