Israel has ''
de facto'' control over all of
Jerusalem. However, there are many differing legal and diplomatic 'positions on Jerusalem'.
[1]
★ Others claim part or all of Jerusalem as
Al Quds, the capital of a future Palestinian state.
★ Many
United Nations General Assembly members including most
Arab states, support the Palestinian claim.
★ ''
De jure,'' the majority of UN member states and most international organisations do not accept Jerusalem as Israel's capital, nor Israel's annexation of East Jerusalem. Embassies are generally located in
Tel Aviv, which served as the temporary capital of Israel during the
Arab blockade of Jerusalem in
1948.
Israeli position
According to the
Israeli Ministry of Foreign Affairs, "Since 1004 B.C.E. when
King David established Jerusalem as the capital of the Jewish nation, there has remained a constant and enduring Jewish presence in the city, as well as a vigorous spiritual attachment to the city."
[2] Israel regards unified Jerusalem as the eternal, undivided capital of the State of Israel and of the
Jewish people.
This consistent position has been the declared view of all Israeli governments, left-wing and right-wing.
Israel also maintains that only Israel has proven to be committed to freedom of worship for all. Israel notes that during the 19 year Jordanian occupation, all Jewish sites in the city were destroyed, desecrated, or isolated:
★ The entire
Jewish Quarter of the Old City and its 68 synagogues, including the
Hurva Synagogue, was deliberately blown up by Jordanian forces.
★ Jewish cemeteries were desecrated, including the cemetery on the
Mount of Olives, and their tombstones removed for use as construction material.
★ The
Hebrew University campus on
Mount Scopus was isolated and closed, although under Israeli control.
Israel also notes that these acts were committed in full view of United Nations observers who never intervened, nor were any agreements promising access to holy cites ever enforced. Israelis cite the recent destruction of
Joseph's Tomb in
Nablus and
Shalom Al Israel synagogue in
Jericho by Palestinians as examples of what will happen if the city becomes under non-Israeli rule.
All Israeli governments since 1967 have encouraged large-scale construction projects in the eastern part of the city, resulting in the Jewish population of
East Jerusalem, which is 24% of the Jewish population of the entire city. However, various Israeli governments have agreed to rationalization of the municipal borders of the city, in order to enable the outlying Arab quarters to be merged with Arab urban areas in the
West Bank in order to become the capital of a future
Palestinian state under the name of
al-Quds.
Some International Law experts assert that Israel has sovereignty over East Jerusalem, as well as over the rest of the
West Bank since
Jordan did not have a legal sovereignty over the territory, and thus Israel was entitled in a act of self defense during the
Six Day War to "fill the vacuum". Israel's sovereignty over "West Jerusalem" is a result of the similar vacuum which was created when the
British rule was over, and Israel's actions in
1948 constituted self-defense.
[3]
All the branches of Israeli government are seated in
Jerusalem, including the Presidential, Legislative, Judicial, and Administrative branches. The city is also home to a number of important Israeli government buildings, including the
Knesset and
Israeli Supreme Court.
Palestinian position
The
Palestinians claim
Jerusalem (''al-Quds'') as the capital of a future
Palestinian state. In the
Palestine Liberation Organization's
Palestinian Declaration of Independence of 1988, Jerusalem is stated to be the capital of the
State of Palestine. In
2000 the
Palestinian Authority passed a law designating
East Jerusalem as such, and in
2002 this law was ratified by
President Arafat.
[4] [5] According to the Palestinian Authority Ministry of Information, the official Palestinian position on Jerusalem includes four points:
[6]
★ That
East Jerusalem is occupied territory according to
United Nations Security Council Resolution 242, and is part of the territory over which a Palestinian state, when established, shall exercise sovereignty.
★ According to previously signed agreements with Israel, the status of "Jerusalem" (and not specifically East Jerusalem) is subject to permanent status negotiations.
★ Jerusalem should be an open city that is freely accessible, and should remain undivided regardless of the resolution of the question of sovereignty.
★ A Palestinian state would be committed to freedom of worship for all and take all measures to protect and safeguard sites of religious significance.
In the mid 1990s, a proposal was floated by Dr.
Mahmoud Abbas (today the President of the
Palestinian Authority) and Dr.
Yossi Beilin (who served as an Israeli government minister in various periods during the 1990s), among others, under which the Palestinian urban mass of
East Jerusalem, comprising of part of the eastern Jerusalem areas within the present municipal borders and urban areas currently part of the West Bank (such as
Abu Dis and
al-Eizariya), could be redefined as al-Quds, with the remaining Arab
East Jerusalem residents being defined as Israeli residents and Palestinian citizens. These proposals did not constitute a plan to resolve the conflict over Jerusalem, as the status of the Old City, the most contentious aspect of the conflict, was not fully addressed.
United Nations position
The position of the
United Nations on the question of Jerusalem is contained in
General Assembly resolution 181(11) and subsequent resolutions of the General Assembly and the Security Council concerning this question. A total of six UN security council
resolutions on Israel have denounced or declared invalid Israel's attempts to unify the city, though none of them have been
Chapter VII resolutions.
The
UN Security Council, in
UNSC resolution 478, declared that the 1980
Jerusalem Law declaring unified Jerusalem, including annexed East Jerusalem, as Israel's "eternal and indivisible" capital was "null and void and must be rescinded forthwith" (14-0-1, with United States abstaining). The resolution advised member states to withdraw their diplomatic representation from the city as a punitive measure.
Before this resolution, thirteen countries maintained their embassies in Jerusalem:
Bolivia,
Chile,
Colombia,
Costa Rica,
Dominican Republic,
Ecuador,
El Salvador,
Guatemala,
Haiti,
the Netherlands,
Panama,
Uruguay,
Venezuela. Following the UN resolution, all thirteen moved their embassies to Tel Aviv. Costa Rica and El Salvador moved theirs back to Jerusalem in 1984. Costa Rica moved its embassy back to Tel Aviv in 2006 followed by El Salvador a few weeks later.
[7] [8] No international embassy remains in Jerusalem, although
Paraguay and
Bolivia have theirs in
Mevasseret Zion, a suburb 10 km west of the city.
[9]
The
Netherlands maintains an office in Jerusalem serving mainly Israeli citizens. Other foreign governments base
Consulate General offices in Jerusalem, including
Greece, the
United Kingdom and the
United States. These consular offices primarily serve the Palestinian population of the West Bank, including East Jerusalem, and their Consul Generals do not submit letters of credentials to the Israeli President or foreign ministry, but instead, deliver them to the administrative governor of Jerusalem. Since the
President of Israel resides in Jerusalem and confirms the foreign diplomats, the ambassadors have to travel from Tel Aviv to Jerusalem to swear in upon being appointed.
European Union position
It is the
EU's position that a fair solution should be found to the complex issue of Jerusalem, in the context of the two-state solution set out in the roadmap, taking into account the political and religious concerns of all parties.
"The EU opposes measures which would prejudge the outcome of permanent status negotiations on Jerusalem, basing its policy on the principles set out in UN Security Council Resolution 242, notably the impossibility of acquisition of territory by force.
The EU is concerned that Israeli policies are reducing the possibility of reaching a final status agreement on Jerusalem and are in violation of both Israel’s Roadmap obligations and international law.
The EU has also called for the reopening of Palestinian institutions in
East Jerusalem, in accordance with the Road Map, in particular the Orient House and the Chamber of Commerce, and has called on the Israeli government to cease all discriminatory treatment of Palestinians in East Jerusalem, especially concerning work permits, access to education and health services, building permits, house demolitions, taxation and expenditure."
[10]
In 2007 the European Jewish Community Center (EJCC), Finnish Liberal MP
Hannu Takkula and the Israeli Ministry for Jerusalem and Diaspora Affairs jointly organized an event inside the
European Parliament, marking 40 years to the
Six Day War. Takkula declared that Jerusalem was unified and that it belongs to Israel. An estimated 20 representatives from the 785 member large European parliament attended the event. Ambassadors from the EU member states did not participate, citing "the ongoing dispute between Israel and the Palestinians over control of eastern Jerusalem".
[11] [12]
United States position
The
United States ''
Jerusalem Embassy Act'', passed by
Congress in 1995, states that ''"Jerusalem should be recognized as the capital of the State of Israel; and the United States Embassy in Israel should be established in Jerusalem no later than
May 31 1999"''. Since then, the relocation of the embassy from Tel Aviv is being suspended by the President semi-annually, each time stating that ''"[the] Administration remains committed to beginning the process of moving our embassy to Jerusalem"''. As a result of the Embassy Act, official U.S. documents and web sites refer to Jerusalem as the capital of Israel.
Section 214 of the
Foreign Relations Authorization Act of 2003 states:
:"The Congress maintains its commitment to relocating the United States Embassy in Israel to Jerusalem and urges the President [...] to immediately begin the process of relocating the United States Embassy in Israel to Jerusalem".
[13]
However, U.S. presidents, including
President Bush, have argued that Congressional resolutions regarding the status of Jerusalem are merely "advisory", stating that it "impermissibly interferes with the President's constitutional authority".
[14] The
U.S. Constitution reserves the conduct of foreign policy to the President and resolutions of Congress which make foreign policy are arguably invalid for that reason. The U.S. Congress, however, has the "power of the purse", and could prohibit the expenditure of funds on any embassy located outside Jerusalem. The U.S. Congress has not taken this step.
The U.S. Department of State maintains a Consulate General in Jerusalem. The Consulate is building an expansion in the neighborhood of
Talpiot to provide visa and other consular services to residents of Jerusalem and the Palestinian Territories. The construction site is often mistaken as a site for the future US Embassy; however there are currently no plans to use this location in this manner.
[15]
U.S. citizens born in Jerusalem do not have "Israel" written on their passports as their country of birth, but rather "Jerusalem". U.S. Congress passed a bill in 2002 which would allow citizens to choose to have "Israel" listed as their country of birth, but the President regards the bill as advisory rather than mandatory and has not implemented its provisions. The issue is, as of 2006, still pending before the courts, following a lawsuit filed in 2003.
[16] [17] A similar bill was introduced in the U.S. House of Representatives in February 2007, but has not been voted on as of June 2007.
[18]
On June 5, 2007, the
U.S House of Representatives passed concurrent resolution 152 by voice vote, stating that Congress:
[19] [20]
#congratulates the citizens of Israel on the 40th anniversary of the Six Day War in which Israel defeated enemies aiming to destroy the Jewish State;
#congratulates the residents of Jerusalem and the people of Israel on the 40th anniversary of the reunification of that historic city;
#commends those former combatant states of the Six Day War, Egypt and Jordan, who in subsequent years had the wisdom and courage to embrace a vision of peace and coexistence with Israel;
#commends Israel for its administration of the undivided city of Jerusalem for the past 40 years, during which Israel has respected the rights of all religious groups;
#reiterates its commitment to the provisions of the Jerusalem Embassy Act of 1995 and calls upon the President and all United States officials to abide by its provisions; and
#urges the Palestinians and Arab countries to join with Israel in peace negotiations to resolve the Arab-Israeli conflict, including realization of the vision of two democratic states, Israeli and Palestinian, living side-by-side in peace and security.
This bill is a legislative proposal that does not require the signature of the President and does not have the force of law. The bill was sent to the
U.S. Senate to be voted on on June 7, 2007.
United Kingdom position
According to the
United Kingdom, Jerusalem was supposed to be a ''
corpus separatum'', or international city administered by the UN. This was never set up: immediately after the UNGA resolution partitioning Palestine, Israel occupied West Jerusalem and Jordan occupied East Jerusalem (including the Old City). The UK recognised the ''de facto'' control of Israel and Jordan, but not sovereignty. In 1967, Israel occupied East Jerusalem, which the UK considers an illegal military occupation. The UK Embassy to Israel is in Tel Aviv, not Jerusalem. In East Jerusalem there is a Consulate-General, with a Consul-General who is not accredited to any state: this is an expression of the view that no state has sovereignty over Jerusalem.
The UK believes that the city’s status has yet to be determined, and maintains that it should be settled in an overall agreement between the parties concerned, but considers that the city should not again be divided. The Declaration of Principles and the Interim Agreement, signed by Israel and the PLO on
13 September 1993 and
28 September 1995 respectively, left the issue of the status of Jerusalem to be decided in the ‘permanent status’ negotiations between the two parties.
UK Foreign Office position on Jerusalem
See also
★
Six-Day War (1967 Arab-Israeli War).
★
Green Line (Israel)
★
List of places in Jerusalem
★
List of East Jerusalem locations
★
Rule of the West Bank and East Jerusalem by Jordan
★
West Bank
★
East Jerusalem
★
References
1. "Brian Whitaker. "Rivals for holy city may have to turn to God." ''Guardian Unlimited''. August 22, 2000; "Marilyn Henry. "Disney response on Jerusalem exhibit calms Arabs." ''Jerusalem Post Service'' October 1, 1999; Deborah Sontag. "Two Dreams of Jerusalem Converge in a Blur" ''New York Times''. May 21, 2000.
2. The Status of Jerusalem, Israel Ministry of Foreign Affairs, published March 14, 1999.
3. Yehuda Z. Blum, "The Juridical status of Jerusalem (Jerusalem, The Leonard Davis Institute for International Relations, 1974);id., "The missing Reversioner: Reflections on the Status of Judea and Samaria", 3 Israel Law Review (1968),pages 279-301
4. Arafat Signs Law Making Jerusalem Palestinian Capital, People's Daily, published October 6, 2002.
5. Arafat names Jerusalem as capital, BBC News, published October 6, 2002.
6. The Palestinian Official Position, Palestinian National Authority, Ministry of Information, copy from Archive.org, retrieved June 20, 2007.
7. Costa Rica to relocate embassy to TA, Jerusalem Post, published August 17, 2006.
8. El Salvador to move embassy in Israel from Jerusalem to Tel Aviv, People's Daily, published August 26, 2006.
9. Embassies and Consulates in Israel, Israel Science and Technology Homepage, retrieved June 20, 2007.
10. The EU & the Middle East Peace Process: FAQ, European Commission, retrieved June 20, 2007.
11. "European parliament marks Jerusalem Day", Ynet News, published May 14, 2007.
12. "'Jerusalem Day' celebrated at the European Parliament in Brussels" European Jewish Press, published May 16, 2007.
13. "Jerusalem: Provisions of Foreign Relations Authorization act of 2003 HR 1646." MidEast Web. October 1, 2002.
14. Statement on FY 2003 Foreign Relations Authorization Act, Statement by the President, released by the White House, Office of the Press Secretary, September 30, 2002.
15. "Diplomatic construction", Jerusalem Post, published December 1, 2005.
16. Powell sued over Jerusalem's status, BBC News, published September 17, 2003.
17. The Jerusalem passport will have its day in court, Shmuel Rosner, Haaretz, published February 22, 2006.
18. U.S. House of Representatives, H.R. 895 (bill status), GovTrack.us, published February 7, 2007.
19. U.S. House of Representatives, H. Con. Res. 152 (bill status), GovTrack.us, published June 5, 2007.
20. U.S. House of Representatives, H. Con. Res. 152 (text of bill), GovTrack.us, published June 5, 2007.
External links
Jerusalem maps
'"Greater Jerusalem"' according to '
Jewish Virtual Library:'
★ http://www.jewishvirtuallibrary.org/jsource/Peace/greaterjerusalem.html
"The area known as 'Greater' Jerusalem usually refers to an approximately 100 square mile space surrounding the Old City of Jerusalem. This area includes both West and East Jerusalem, including the adjacent neighborhoods outside of the municipal boundaries of the city. ... Regarding the route of Israel’s security fence in the Jerusalem area, there have been a few competing strategies: to reinforce the municipal boundaries of the city, to alter the demographics in Israel’s favor, and to permanently draw the lines for 'Greater' Jerusalem."
:'Map' of Arab East Jerusalem with greater Jerusalem:
★ http://www.jewishvirtuallibrary.org/jsource/History/eastjermap1.html
'Jerusalem maps' section of website of '
Palestinian Academic Society for the Study of International Affairs' (PASSIA):
★ http://www.passia.org/jerusalem/maps/0_M_A_P_S.htm
:'Some of the maps' of 'greater Jerusalem:'
★ http://www.passia.org/images/pal_facts_MAPS/WallWeb/pages/FMFMEJERPas3.htm
★ http://www.passia.org/images/pal_facts_MAPS/WallWeb/index.htm
'Map' of the '
Israeli West Bank barrier.' With 'detailed, greater Jerusalem section' (when viewed at high resolution):
★ http://www.btselem.org/Download/Separation_Barrier_Map_Eng.pdf
'Maps' of 'Jerusalem municipal boundaries:'
★ http://www.passia.org/palestine_facts/MAPS/images/jer_maps/Jlem1947-2000.html
★ http://www.jewishvirtuallibrary.org/jsource/History/jermunimap.html
'Maps' of 'Areas A, B, and C. 1993 and 1995
Oslo Accords.' From IRIS.org site (Information Regarding Israel's Security):
★ http://www.iris.org.il/oslo_2000.htm
'Map.' '
Camp David 2000.' From
Jewish Virtual Library. Israeli proposal for the division and expansion of Jerusalem.
★ http://www.jewishvirtuallibrary.org/jsource/Peace/jerdivide.html
"The Israeli proposal included the following main points: 1. Jewish areas outside Jerusalem's municipal boundaries would be annexed to the city, including such population centers as Givat Ze'ev, Ma'aleh Adumim and Gush Etzion. (Gush Etzion is a major settlement block just south of Jerusalem, and is not shown on the map)."
'2001
Taba Summit.' Israeli negotiators presented to the Palestinians the idea of creating a special international regime for the 'Holy Basin' -- an area including the Old City and some areas outside the walls including the Mount of Olives cemetery.
'Map.' Old City and 'Holy/Historical Basin area:'
http://www.passia.org/palestine_facts/MAPS/images/jer_maps/Holy-Basin.htm
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