Jerusalem
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There are many differing legal and diplomatic positions on Jerusalem, however Israel has de facto control over all of Jerusalem. ^[1]

• The Principal Allied Powers recognized the unique spiritual and religious interests in Jerusalem among the world's three great monotheistic religions as "a sacred trust of civilization", and stipulated that the existing rights and claims connected with it be safeguarded in perpetuity, under international guarantee.^[2] The UN General Assembly adopted a recommendation that included a treaty-based protection plan for religious rights and the Holy Sites, minority rights, and womens rights which placed them under permanent UN protection.^[3] It also called for the city to be placed under a special international regime, a corpus separatum, administered by the United Nations and separate from both states named in the 1947 United Nations Partition Plan for Palestine.^[4] During the conflict that ensued, the 1949 Armistice Agreements were accepted by both sides. That resulted, in part, in a temporary division of Jerusalem. The Armistice Agreement, however, was considered internationally as having no legal effect on the continued validity of the provisions of the partition resolution for the internationalization of Jerusalem.^[5]
• A large majority of UN member states and most international organizations do not accept Jerusalem as Israel's capital, and as a result, foreign embassies are generally located in Tel Aviv.
• Since the 1967 Six Day War, Israel has controlled all of Jerusalem, including East Jerusalem, which was subsequently put under Israeli law and administration. In 1980 the Knesset passed the Jerusalem Law, which declared a "complete and united" Jerusalem as the capital of Israel;^[6] this incorporation of East Jerusalem also is not accepted internationally.^[7] Within Israeli jurisprudence, Jerusalem is the de jure capital of the State of Israel.
• Palestinians claim part or all of Jerusalem (Arabic: Al Quds) as the capital of a future Palestinian state.

Contents 1 Israeli position 2 Palestinian position 3 United Nations position 4 European Union position 5 United States position 6 United Kingdom position 7 Holy See position 8 See also 9 References 10 External links 10.1 Jerusalem maps 10.2 Other links

[edit] Israeli position

According to the Israeli Ministry of Foreign Affairs, "Since 1004 B.C. 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."^[8] Israel regards unified Jerusalem as the eternal, undivided capital of the State of Israel and of the Jewish people.^[1] 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.^[9]
• Jewish cemeteries were desecrated, including the cemetery on the Mount of Olives, and their tombstones removed for use as construction material.^[10]
• The Hebrew University campus on Mount Scopus was isolated and closed^{[citation needed]}, 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 sites 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 comes 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 Israeli Law experts claim 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 an 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. ^[11]

In 1980, the Israeli Knesset approved a Basic Law, which is a foundational statute in the country's unwritten constitution. This 1980 law is entitled "Basic Law: Jerusalem, Capital of Israel." The law establishes Jerusalem as the country's official capital. The Basic Law has four clauses. First, that "Jerusalem, complete and united, is the capital of Israel." Second, that "Jerusalem is the seat of the President of the State, the Knesset, the Government and the Supreme Court." The third clause deals with protection of "Holy Places" and the fourth clause deals with administrative matters.^[12]

Consistent with the 1980 law, 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.

The Knesset building, Israel's parliament

Frontal view of The Supreme Court building

"Government Campus" consisting of the office building of Prime Minister of Israel, the building of Israeli Foreign Affairs Ministry, Finance Ministry and Ministry of Interior

The Orient House formerly used by Palestinian Authority

[edit] 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. ^{[13] [14]} According to the Palestinian Authority Ministry of Information, the official Palestinian position on Jerusalem includes four points: ^[15]

• 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 (against UN General Assembly Resolution 181).

• 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.

[edit] United Nations position

The provisions of Article 28 of the Palestine Mandate governed the termination of British administration. It contained a qualification which required that arrangements be made, with international guarantees, for safeguarding in perpetuity the rights, claims, and Holy Places of Jerusalem.^[16] The United Nations General Assembly passed three resolutions (Resolutions 181 (II), November 29, 1947; 194 (III), December 11, 1948; and 303 (IV), December 9, 1949) providing for and relating to full territorial internationalization of Jerusalem. The position of the United Nations on the question of Jerusalem is contained in General Assembly resolution 181(II) "The City of Jerusalem shall be established as a corpus separatum under a special international regime and shall be administered by the United Nations. The Trusteeship Council shall be designated to discharge the responsibilities of the Administering Authority on behalf of the United Nations."^[17]

Each mandate had the nature of a treaty which could not be terminated or amended unilaterally.^[18] The United Nations Charter conferred decision making powers on the General Assembly in order for it to fulfill its functions regarding non-self governing territories, and trusteeships.^[19] International Court of Justice (ICJ) President Taslim Olawale Elias said "It seems clear that, as far as General Assembly recommendations in respect of the nine specifically enumerated matters in Article 18(2) are concerned, its "decisions" in the form of "recommendations" are binding upon all once they are adopted by a two thirds majority."^[20] Article 81 and 85 of the UN Charter provided that the administering authority of a trusteeship could be the United Nations Organization itself, and that the General Assembly could approve, alter, or amend trusteeship agreements.^[21]

The disposition of non-self governing territories, like the Palestine mandate, was not a matter falling within the domestic jurisdiction of any UN member State.^[22] Great Britain, the Arab states, the Jewish Agency, and the Arab Higher Committee clearly recognized that the mandate was within the competence of the United Nations. Each of the parties requested the General Assembly to modify or terminate the mandate. The representative of the Jewish Agency, Moshe Shertok, acknowledged the competency of the General Assembly:

With regard to the status of Assembly resolutions in international law it was admitted that any which touched on the national sovereignty of the members of the United Nations were mere recommendations and not binding. However the Palestine resolution was essentially different for it concerned the future of a territory subject to an international trust. Only the United Nations as a whole was competent to determine the future of the territory and it's decision therefore had a binding force.^[23]

During the Armistice negotiations, the Provisional Government of Israel chastised the UN Mediator for suggesting a reallocation of territory and stated that the resolution of the General Assembly of 29 November 1947, remained "the only internationally valid adjudication on the question of the future government of Palestine."^[24] During the Ad Hoc Political committee hearings on Israel's application for membership in the United Nations, Mr. Eban acknowledged the undertakings contained in resolution 181(II) and 194(III) regarding the internationalization of Jerusalem.^[25] Within hours of Israel's admission to the UN, the Arab states and Israel signed the Lausanne Protocol which established the partition map from the November 29, 1947 UN resolution as the basis for negotiations between the parties.^[26]

The position of the United Nations on the question of Jerusalem is still based upon General Assembly resolution 181(II), subsequent resolutions of the General Assembly, and the Security Council resolutions concerning this question. A total of six UN Security Council resolutions on Israel have denounced or declared invalid Israel's annexation of the city. The International Court of Justice is the principal judicial organ of the United Nations. In an advisory opinion rendered on behalf of the General Assembly, the Court concluded that the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) had been established in breach of international law.^[27]

The UN Security Council, in UNSC resolution 478, affirmed that the enactment of the "basic law" by Israel constituted a violation of international law and does not affect the continued application of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, in the Palestinian and other Arab territories occupied since June 1967, including Jerusalem. It also 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.

The binding decisions were adopted by the Security Council acting on behalf of the members under the general powers contained in Article 24 of the Charter.^[28]The Members of the United Nations agree to accept and carry out the decisions of the Security Council.^[29] 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.^{[30] [31]} No international embassy remains in Jerusalem, although Paraguay and Bolivia have theirs in Mevasseret Zion, a suburb 10 km west of the city. ^[32]

Various countries recognized Israel as a state in the 1940s and 1950s, but they did not recognize Israeli sovereignty over West Jerusalem. There is an international sui generis consular corps in Jerusalem. It is commonly referred to as the "Consular Corps of the Corpus Separatum". The states that have maintained consulates in Jerusalem say that it was part of Palestine, and in a de jure sense, has not since become part of any other sovereignty.^[5] 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 Consuls General do not submit letters of credentials to the Israeli President or foreign ministry, but instead, deliver them to the administrative governor of Jerusalem.^[33] Since the President of Israel resides in Jerusalem and confirms the foreign diplomats, the ambassadors have to travel from Tel Aviv to Jerusalem to submit letters of credentials upon being appointed.

The UN reiterated its position in the form of GA resolution 63/30 (passed 163 for, 6 against in January 2009), which found that

• the so-called “Basic Law” on Jerusalem and the proclamation of Jerusalem as the capital of Israel are null and void,
• the international community, through the United Nations, has a legitimate interest in the question of the City of Jerusalem and the protection of the unique spiritual, religious and cultural dimensions of the city,
• any actions taken by Israel to impose its laws, jurisdiction and administration on Jerusalem are illegal and therefore null and void and have no validity whatsoever.

[edit] European Union position

Concerning the current legal status of the city, the EU's position is that Jerusalem is a corpus separatum as outlined in United Nations resolution 181^[34][35].

It is the EU's position that a fair solution should be found to the 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 has stated it will not recognise any changes to pre-1967 borders with regard to Jerusalem, unless agreed between the parties.

In 2009, the EU voiced a desire to see Jerusalem as "a capital of two states", referring to Israel and the State of Palestine.^[36][37]

The EU is concerned that Israeli policies (settlements, demolitions of homes and evictions) are reducing the possibility of reaching an 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." ^[38]

[edit] United States position

The position of the US government is that the status of Jerusalem must be resolved in negotiations.^[39] The United States maintains its embassy in Tel Aviv, and a Consulate General in Jerusalem as part of the "Consular Corps of the Corpus Separatum".^[40] The United States has stated that its policy on Jerusalem refers specifically to the geographic boundaries of the area that were set out for the "City of Jerusalem", or Corpus Separatum, in Resolution 181. The United States has also stated that, in a de jure sense, Jerusalem was part of Palestine and has not since become part of any other sovereignty.^[41] After the Six Day War, the United States reaffirmed the desirability of establishing an international regime for the city of Jerusalem.^[42] The United States does not recognize Jerusalem as Israel's capital. ^[43]

President Bush stated in 1992, that the United States does not want to see Jerusalem "divided", and that its final status should be decided in negotiations. He stated in 1990, that the United States does not believe there should be new settlements in East Jerusalem. ^[44] The Obama administration has condemned expansion of Gilo, as well as evictions and house demolitions affecting Palestinians living in East Jerusalem. ^[45]

The U.S. 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. ^[46]

Under the Constitution of the United States the President has exclusive authority to recognize foreign sovereignty over territory.^[47] The Congress has adopted a number of concurrent resolutions which support recognition of a united Jerusalem as the capital of Israel and urging Jerusalem as the site of the U.S. embassy. The resolutions expressed the "sense" of the House or Senate but had no binding effect. The Jerusalem Embassy Act of 1995 stated 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". The Justice Department Office of Legal Counsel concluded that the provisions of the bill invade exclusive presidential authorities in the field of foreign affairs and are unconstitutional.^[48] The fact that a U.S. embassy is located in a particular city, like Tel Aviv, does not legally mean that the U.S. recognizes that city as a capital. Experts in the field of foreign relations law have said that, faced with congressional force majeure, the State Department could simply construct another embassy in Jerusalem, and continue to argue that the U.S. doesn't recognize Jerusalem as the capital."^[49]

[edit] 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 was attacked by Arab armies and defended itself, eventually capturing West Jerusalem. 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 captured 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

[edit] Holy See position

The Holy See has expressed the position that Jerusalem should become an international city, either under the United Nations or a related organization. Pope Pius XII was the among the first to make such a proposal in the 1949 encyclical Redemptoris Nostri Cruciatus. This idea was later re-proposed during the papacies of John XXIII, Paul VI and John Paul II.

[edit] 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
• Category:Maps of Jerusalem

[edit] References

[edit] External links

[edit] Jerusalem maps

B'Tselem - Maps: [8]

• East Jerusalem: [9].
• Israeli West Bank barrier with detailed, greater Jerusalem section (when viewed at high resolution): [10]

Jewish Virtual Library:

• Greater Jerusalem: [11]

"The area known as 'Greater' Jerusalem usually refers to an approximately 100-square-mile (260 km²) 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."

• Metropolitan and Greater Jerusalem: [12]
• Arab East Jerusalem with greater Jerusalem: [13].
• Jerusalem municipal boundaries: [14]
• 2000 Camp David Summit map. Israeli proposal for the division and expansion of Jerusalem: [15]

"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)."

IRIS.org (Information Regarding Israel's Security).

• Maps of Areas A, B, and C. 1993 and 1995 Oslo Accords: [16]

Map Centre of OCHA oPt (United Nations Office for the Coordination of Humanitarian Affairs - occupied Palestinian territory): [17]

• East Jerusalem - closure map. March 2007: [18].

Palestinian Academic Society for the Study of International Affairs (PASSIA). Jerusalem maps section: [19]

• Greater Jerusalem: [20] [21].
• Jerusalem municipal boundaries: [22]
• Old City and Holy/Historical Basin area: [23]. At the 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.

[edit] Other links

Jerusalem Center for Public Affairs study on the Division of Jerusalem. Nadav Shagrai, "Jerusalem: The Dangers of Division. An Alternative to Separation from the Arab Neighborhoods" (2008): [24]

Palestine Center report on a briefing by Stephen Zunes. Lehman, Wendy. "The Evolution of U.S. Policy on Jerusalem: International Law versus the Rule of Force," (2001): [25]