Status of Jerusalem

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The status of Jerusalem has been described as "one of the most intractable issues in the Israeli–Palestinian conflict" due to the long-running territorial dispute between Israel and the Palestinians, both of which claim it as their capital city. Part of this issue of sovereignty is tied to concerns over access to holy sites in the Abrahamic religions; the current religious environment in Jerusalem is upheld by the "Status Quo" of the former Ottoman Empire. [1] [2] As the Israeli–Palestinian peace process has primarily navigated the option of a two-state solution, one of the largest points of contention has been East Jerusalem, which was part of the Jordanian-annexed West Bank until the beginning of the Israeli occupation in 1967.

Contents

The United Nations recognizes East Jerusalem (and the West Bank as a whole) as the territory for an independent Palestinian state, thus rejecting Israel's claim to that half of the city. However, there is broader consensus among the international community with regard to West Jerusalem being Israel's capital city, as it falls within Israel's sovereign territory (per the Green Line) and has been recognized as under Israeli control since the 1949 Armistice Agreements. [1]

Most countries and organizations support that West Jerusalem and East Jerusalem should be allocated as capital cities to the Israelis and the Palestinians, respectively; [3] this position has been endorsed by the United Nations, [4] [5] the European Union, [6] [7] and France, among others. [8] Russia, which is a member of the Middle East Quartet, already recognizes East Jerusalem as the Palestinian capital and West Jerusalem as the Israeli capital. [9]

The majority of United Nations member states hold the view that the city's final status should be resolved through negotiations and have therefore favoured locating their embassies to Israel in Tel Aviv, pending a final status agreement. Six countries have embassies to Israel in Jerusalem: the United States, Guatemala, Honduras, Papua New Guinea, Paraguay, and the disputed Republic of Kosovo. [10] [11]

Background

Jerusalem municipal area JerusalemEastAndWest.jpg
Jerusalem municipal area

From 1517 until the First World War, Jerusalem was part of the Ottoman Empire. It was part of the Damascus eyalet (province) until, as a result of widespread administrative reform in the mid-1800s, it became an independent sanjak (district) in 1872. From the 1860s, the Jewish community became the largest religious minority grouping in the city and from 1887, with the beginning of expansion outside the old city walls, became a majority. [12]

Throughout the 19th century, European powers were competing for influence in the city, usually on the basis (or pretext) of extending protection over Christian churches and holy places. Much of the property that is now owned by the churches was bought during this time. A number of these countries, most notably France, entered into capitulation agreements with the Ottoman Empire and also established consulates in Jerusalem. In 1847, with Ottoman approval, the first Latin patriarch of Jerusalem since the Crusades was established.

After capturing Jerusalem in 1917, the United Kingdom was in control of Jerusalem; initially under a wartime administration, then as part of the Mandate of Palestine assigned to Britain in 1920. The principal Allied Powers recognized the unique spiritual and religious interests in Jerusalem among the world's Abrahamic religions as "a sacred trust of civilization", [13] [14] and stipulated that the existing rights and claims connected with it be safeguarded in perpetuity, under international guarantee. [15]

However, the Arab and Jewish communities in Palestine were in mortal dispute and Britain sought United Nations assistance in resolving the dispute. During the negotiations of proposals for a resolution that culminated in the United Nations Partition Plan for Palestine (also known as Resolution 181) in November 1947, the historic claims of the Vatican, Italy and France were revived. The Vatican's historic claims and interests, as well as those of Italy and France were based on the former Protectorate of the Holy See and the French Protectorate of Jerusalem. From their point of view this proposal was essentially to safeguard Christian holy sites and was expressed as a call for the special international regime for the city of Jerusalem. This status was also confirmed in UN General Assembly Resolution 194 in 1948, which maintained the position that Jerusalem be made an international city. [16]

The United Nations Partition Plan called for the partition of Palestine into separate Arab and Jewish states, with Jerusalem (with borders expanded to include Bethlehem, see UN map of Jerusalem) being established as a corpus separatum , or a "separated body", with a special legal and political status, administered by the United Nations. [17] The Free City of Danzig was a historical precedent for this solution; Trieste was a contemporaneous city ruled by the UN. Jewish representatives accepted the partition plan, while representatives of the Palestinian Arabs and the Arab states rejected it, declaring it illegal. [1]

On 14 May 1948, the Jewish community in Palestine issued the declaration of the establishment of the State of Israel within territory set aside for the Jewish state in the Partition Plan. Israel became a member of the United Nations the following year and has since been recognised by most countries. [18] The countries recognizing Israel did not necessarily recognize its sovereignty over Jerusalem generally, citing the UN resolutions which called for an international status for the city. [19] The United States, Guatemala, Honduras and Kosovo have embassies in Jerusalem. [11]

With the declaration of the establishment of the State of Israel and the subsequent invasion by surrounding Arab states, the UN proposal for Jerusalem never materialised. The 1949 Armistice Agreements left Jordan in control of the eastern parts of Jerusalem, while the western sector (with the exception of the Mount Scopus exclave in the east) was held by Israel. [20] Each side recognised the other's de facto control of their respective sectors. [21] 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 internationalisation of Jerusalem. [22] In 1950, Jordan annexed East Jerusalem as part of its larger annexation of the West Bank. Though the United Kingdom and Iraq recognized Jordanian rule over East Jerusalem, [23] no other country recognized either Jordanian or Israeli rule over the respective areas of the city under their control. [20] Pakistan is sometimes falsely claimed to have recognized the annexation as well. [24]

Following the Six-Day War of 1967, Israel declared that Israeli law would be applied to East Jerusalem and enlarged its eastern boundaries, approximately doubling its size. The action was deemed unlawful by other states who did not recognize it. It was condemned by the UN Security Council and General Assembly which described it as an annexation and a violation of the rights of the Palestinian population. In 1980, Israel passed the Jerusalem Law, which declared that "Jerusalem, complete and united, is the capital of Israel". [25] The Security Council declared the law null and void in Resolution 478, which also called upon member states to withdraw their diplomatic missions from the city. The UN General Assembly has also passed numerous resolutions to the same effect. [26] [27] [28]

Prelude: UN resolution from 1947

On 29 November 1947 the UN General Assembly passed a resolution which, as part of its Partition Plan for Palestine, included the establishment of Jerusalem as a separate international entity under the auspices of the United Nations, a so-called corpus separatum .

Israel

Israel's parliament Knesset in Jerusalem Israel.jpg
Israel's parliament

During the 1948 Arab–Israeli War, Israel took control of West Jerusalem while Jordan took control of East Jerusalem (including the walled Old City in which most holy places are located). [20] Although accepting partition before the war, Israel rejected the UN's corpus separatum decision at the Lausanne Conference of 1949, and instead indicated a preference for division of Jerusalem into Jewish and Arab zones, and international control and protection only for holy places and sites. [29] [30] Also in 1949, as the UN General Assembly began debating the implementation of its corpus separatum decision, Israel declared Jerusalem as Israel's "eternal capital". [31] [32]

After Israel conquered East Jerusalem from Jordan in 1967 during the Six-Day War, Israel argued that it had the stronger right to the city. [20] Very soon after its conquest of East Jerusalem in 1967, Israel merged East Jerusalem with West Jerusalem by administratively extending the municipal boundary of the city.

In July 1980, the Knesset passed the Jerusalem Law as part of the country's Basic Law, which declared Jerusalem the unified capital of Israel. [33]

According to a 1999 statement by the Israeli Ministry of Foreign Affairs, "There is no basis in international law for the position supporting a status of 'corpus separatum' (separate entity) for the city of Jerusalem." [34] In the view of the ministry, the concept of corpus separatum became irrelevant after the Arab states rejected the United Nations Partition Plan for Palestine and invaded the newly created State of Israel in 1948. Accordingly, the ministry states, "There has never been any agreement, treaty, or international understanding which applies the 'Corpus Separatum' concept to Jerusalem." [34]

In 2003 Israel argued that Jordan had no rights to any land west of the Jordan River, that it had taken the West Bank and East Jerusalem by an act of aggression, and therefore never acquired sovereignty. [35] [36]

Positions on the final status of Jerusalem have varied with different Israeli governments. The Oslo Accords declared that the final status of Jerusalem would be negotiated, but Israeli Prime Minister Yitzhak Rabin declared that he would never divide the city. In 1995, he allegedly told a group of school children[ dubious discuss ] that "if they told us peace is the price of giving up a united Jerusalem under Israeli sovereignty, my reply would be 'let's do without peace'". [37] This position was upheld by his successor, Benjamin Netanyahu, who stated there would be "...No withdrawal or even discussion of the case of Jerusalem...". [38]

Netanyahu's successor, Ehud Barak, during negotiations, became the first Israeli Prime Minister to allow for a possible division of Jerusalem, despite his campaign promises. [39]

Prime minister during the second intifada, Ariel Sharon was unequivocal in his support for an undivided Jerusalem. In an interview done one week before a stroke incapacitated him he stated: "Our position is that Jerusalem is not negotiable. We are not going to negotiate on Jerusalem. Jerusalem will be forever a united and undivided capital of Israel." [40] Prime Minister (and former Jerusalem mayor) Ehud Olmert vowed to keep Jerusalem the "undivided, eternal capital of the Jewish people", [41] but later supported the detachment of several Arab neighborhoods from Israeli sovereignty and the introduction of an international trust to run the Temple Mount.

When Netanyahu succeeded Olmert, he declared that "all of Jerusalem would always remain under Israeli sovereignty" and that only Israel would "ensure the freedom of religion and freedom of access for the three religions to the holy places". [42] These statements seem to closely reflect Israeli public opinion. According to a 2012 poll by the right-wing Jerusalem Center for Public Affairs, 78% of Jewish voters who responded said that they would reconsider voting for any politician that wants to relinquish Israel's control over the Old City and East Jerusalem. [43] On 17 May 2015, Prime Minister Netanyahu reiterated, regarding Jerusalem serving as the capital of both Israel and a future Palestinian state, "Jerusalem has forever been the capital of only the Jewish people and no other nation." [44]

On 2 January 2018 Israel passed into law new legislation that requires the two-thirds majority support of the Knesset for any section of Jerusalem to be transferred to a foreign government. [45] On 25 January 2018, Netanyahu repeated the previous government position, saying: "Under any peace agreement, the capital of Israel will continue to be Jerusalem, and the seat of our government will continue to be in Jerusalem." [46]

Palestine

During the British Mandate, the main representation of the Palestinian Arabs was the Arab Higher Committee, formed in the beginning of the Great Arab revolt in 1936; it was outlawed in 1937 and its leaders deported. Reconstituted in 1945 and dominated by Palestinian Arabs, it continued in various iterations until 1948, when, viewed as a threat to Jordan, its army was forced to disband. There was unequivocal support for an Arab controlled Jerusalem (at that time the status quo).

Until the establishment of the Palestine Liberation Organization (PLO) in 1964, there was little in terms of an internationally recognised representation of the Palestinian Arabs. The Arab League usually took over the job, with the short-lived Egyptian-controlled All-Palestine Government based in Gaza having little sway, and Jordan taking control of the West Bank with East Jerusalem.

Until the Oslo Accords in 1993, and the Letters of Mutual Recognition, the Palestinians,[ dubious discuss ] represented since 1964 by the PLO, had at all times rejected any partition of any part of the former British Mandate territory. However, while they had previously rejected the UN's internationalisation plan, [47] most of the Arab delegations at the Lausanne Conference of 1949 accepted a permanent international regime (called corpus separatum) under United Nations supervision as proposed in Resolutions 181 and 194. [48] The Arabs vociferously objected to Israel moving to (West) Jerusalem its national institutions, namely the Knesset, the presidential, legislative, judicial and administrative offices.

The fight over Jerusalem is existential, not because it is a magical city but because it was, and is, the center of our culture, national identity and memory.

Prominent Palestinian activist Sari Nusseibeh, Once Upon A Country: A Palestinian Life [49]

The Palestinian leadership now claims the "1967 borders" (in effect the 1949 armistice lines) as the borders of the Palestinian territories, and includes East Jerusalem as part of these territories. Despite recognition of Israel (only from Fatah, not Hamas), and its support in 1949 of corpus separatum, it had never conceded sovereignty of Jerusalem. In 1988, Jordan conceded all claims to the West Bank, including Jerusalem, other than the Muslim holy places on the Temple Mount, and recognized the PLO as the legal representatives of the Palestinian people. [50]

The Palestinian National Authority views East Jerusalem as occupied Palestinian territory, in line with UNSC Resolution 242. The PNA claims all of East Jerusalem, including the Temple Mount, as the capital of the State of Palestine, and claims that West Jerusalem is also subject to final status negotiations, but is willing to consider alternative solutions, such as making Jerusalem an open city. In the Palestine Liberation Organization's Palestinian Declaration of Independence of 1988, Jerusalem is called the capital of the State of Palestine. In 2000 the Palestinian Authority passed a law designating the city as such, and in 2002 this law was ratified by Chairman Yasser Arafat. [51] The official position of the PNA is that Jerusalem should be an open city, with no physical partition and that Palestine would guarantee freedom of worship, access and the protection of sites of religious significance. [52] The status quo on the Temple Mount now is that tourists are allowed to visit, but not pray, on the Temple Mount, although this seems to be slowly changing.

ICJ case — Palestine v. United States of America

In September 2018, the State of Palestine initiated an action in the International Court of Justice, in the case Palestine v. United States of America (officially titled Relocation of the United States Embassy to Jerusalem), in which Palestine charges the US with violating the Vienna Convention on Diplomatic Relations by moving its embassy from Tel Aviv to Jerusalem, arguing the Convention requires that "the diplomatic mission of a sending State must be established on the territory of the receiving State." The Palestinian application argues that in international law Jerusalem cannot be considered to be the territory of the State of Israel because under General Assembly Resolution 181 of 1947 (the Partition Plan) Jerusalem was to have been placed under international governance, and thus precludes considering Jerusalem to be under the sovereignty of any State. [53] [54]

United Nations

The United Nations considers East Jerusalem to be part of Israeli-occupied territories or occupied Palestinian territory. [55] [56] It envisions Jerusalem eventually becoming the capital of two states, Israel and Palestine. [57] This is at odds with other General Assembly Resolutions, which promote an internationally administered Jerusalem.

1947 UN Partition Plan (Resolution 181(II)) provided for the full territorial internationalisation of Jerusalem:

"The City of Jerusalem shall be established as a corpus separatum under a special international regime and shall be administered by the United Nations."

[58] The resolution was accepted by the Jewish leadership in Palestine, but rejected by the Arabs. [32] This position was restated after the 1948 Arab–Israeli War in Resolution 194 of 1948 and in Resolution 303(IV) of 1949. According to a 1979 report prepared for and under the guidance of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, it would appear that the United Nations has maintained the principle that the legal status of Jerusalem is that of a corpus separatum. [59]

The United Nations General Assembly does not recognize Israel's proclamation of Jerusalem as the capital of Israel, which is, for example, reflected in the wording of General Assembly Resolution 63/30 of 2009 which states that "any actions taken by Israel, the occupying Power, to impose its laws, jurisdiction and administration on the Holy City of Jerusalem are illegal and therefore null and void and have no validity whatsoever, and calls upon Israel to cease all such illegal and unilateral measures." [60]

Although the General Assembly cannot pass legally binding resolutions over international issues, the United Nations Security Council, which has the authority to do so, has passed a total of six Security Council resolutions on Israel on the matter, including UNSC resolution 478 which affirmed that the enactment of the 1980 Basic Jerusalem Law declaring unified Jerusalem as Israel's "eternal and indivisible" capital, was a violation of international law. The resolution advised member states to withdraw their diplomatic representation from the city. The Security Council, as well as the UN in general, has consistently affirmed the position that East Jerusalem (but not west Jerusalem) is occupied Palestinian territory subject to the provisions of the Fourth Geneva Convention. The International Court of Justice in its 2004 Advisory opinion on the "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory" described East Jerusalem as "occupied Palestinian territory". [56]

Many UN member states formally follow the UN position that Jerusalem should have an international status. [61] The European Union has also followed the UN's lead in this regard, declaring Jerusalem's status to be that of a corpus separatum , or an international city to be administered by the UN. [62] [63]

Nevertheless, and inconsistent with the status of corpus separatum, the UN has designated East Jerusalem occupied Palestinian territory. [64] China recognizes East Jerusalem as the capital of Palestine, [65] and the United States has recognised at least West Jerusalem as Israel's capital. Secretary-General Ban Ki-moon said on 28 October 2009 that Jerusalem must be the capital of both Israel and Palestine. [66] The UN has never revoked resolutions 181 and 194, and maintains the official position that Jerusalem should be placed under a special international regime. [67]

European Union

The European Union currently views the status of Jerusalem as that of a corpus separatum including both East and West Jerusalem as outlined in United Nations Resolution 181. [56] [68] [69] In the interest of achieving a peaceful solution to the Arab–Israeli conflict, it believes a fair solution should be found regarding the issue of Jerusalem in the context of the two-state solution set out in the Road Map. Taking into account the political and religious concerns of all parties involved, it envisions the city serving as the shared capital of Israel and Palestine. [70] [71]

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. It will not recognise any changes to pre-1967 borders with regard to Jerusalem, unless agreed between the parties. It has also called for the reopening of Palestinian institutions in East Jerusalem, in accordance with the Road Map, in particular Orient House and the Chamber of Commerce, [72] 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." [73]

The European Union set out its position in a statement of principles last December. A two-state solution with Israel and Palestine side by side in peace and security. A viable state of Palestine in the West Bank, including East Jerusalem, and the Gaza Strip, on the basis of the 1967 lines. A way must be found to resolve the status of Jerusalem as the future capital of both Israel and Palestine.

Organisation of Islamic Cooperation

On 13 December 2017, the Organisation of Islamic Cooperation (OIC), consisting of 57 primarily Muslim countries, declared East Jerusalem as the capital of the State of Palestine and invited "all countries to recognise the State of Palestine and East Jerusalem as its occupied capital." [75] [76] [77] The declaration makes no mention of Jerusalem as corpus separatum, nor makes any reference to West Jerusalem.

Location of foreign embassies

After Israel passed the Jerusalem Law in 1980, the UN Security Council adopted Resolution 478, which called upon UN member states to withdraw their diplomatic missions from the city. Thirteen countries—Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, the Netherlands, Panama, Uruguay and Venezuela—moved their embassies from Jerusalem primarily 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. [78] [79] No international embassy was located in Jerusalem again until 2018, although Bolivia had its embassy in Mevasseret Zion, a suburb 10 kilometres (6.2 mi) west of the city, until relations were severed in 2009 [80] [81] for a decade, [82] then again in 2023. [83]

Various countries recognized Israel as a state in the 1940s and 1950s, without recognizing 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 Mandate Palestine, and in a de jure sense has not since become part of any other sovereignty. [22] The Netherlands maintains an office in Jerusalem serving mainly Israeli citizens. Other foreign governments base consulate general offices in Jerusalem, including Greece, Spain, and the United Kingdom. The United States had a consulate general in Jerusalem, which was merged into the Jerusalem-based embassy in 2018. [84] Since the President of Israel resides in Jerusalem and confirms the foreign diplomats, ambassadors need to travel to Jerusalem to submit letters of credentials upon being appointed.

The United States relocated its embassy to Israel to Jerusalem in 2018, as did Guatemala. Honduras followed in 2021. A number of countries have indicated that they could relocate their embassies to Jerusalem in the future, including Australia, Brazil, the Czech Republic, the Dominican Republic and Serbia. [85] In December 2020, the Czech Republic indicated that in 2021 it will open a Jerusalem branch office of the Czech Embassy in Tel Aviv. Hungary had previously opened an official diplomatic mission in Jerusalem. [86] Kosovo committed to opening its embassy in Jerusalem when Israel and Kosovo established diplomatic relations in February 2021. [87] By late 2022, only the United States, Guatemala, Honduras and the partially-recognized state of Kosovo maintain embassies in Jerusalem – Paraguay reversed the 2018 relocation of its embassy from Tel Aviv to Jerusalem within months and the Honduran foreign ministry have stated that they are also considering relocating theirs back to Tel Aviv. [88] [89] Fiji and Papua New Guinea have announced their intentions to open embassies in Jerusalem by the end of 2023, [90] [91] while Paraguay also announced its plans to reopen its embassy in Jerusalem in November 2023, [92] making it effective in December 2024. [93]

Palestinian officials have consistently condemned each such relocation and diplomatic offices in Jerusalem, saying that they constitute "a flagrant violation of international law and goes against the unified EU position on the legal status of Jerusalem." [86]

China

The People's Republic of China (PRC) recognizes East Jerusalem as the capital of the State of Palestine. [65] In a 2016 speech to the Arab League, Chinese Communist Party general secretary Xi Jinping said that "China firmly supports the Middle East peace process and supports the establishment of a State of Palestine enjoying full sovereignty on the basis of the 1967 borders and with East Jerusalem as its capital." [94] China announced that this position remains unchanged in the aftermath of the US recognizing Jerusalem as Israel's capital. [95] [96]

France

The French Government notes that "It is up to the parties to come to a final and overall agreement with regard to the final status, which would put an end to the conflict. France believes that Jerusalem must become the capital of the two States." [8] France does not recognize Israel's sovereignty over East Jerusalem, which France considers an "occupied territory under the Fourth Geneva Convention". [97]

Russia

On 6 April 2017 the Russian Ministry of Foreign Affairs issued a statement saying, "We reaffirm our commitment to the UN-approved principles for a Palestinian–Israeli settlement, which include the status of East Jerusalem as the capital of the future Palestinian state. At the same time, we must state that in this context we view West Jerusalem as the capital of Israel." [98] Some commentators interpreted this as a Russian recognition of Israel's claim to West Jerusalem, [99] [100] [101] while others understood the statement as a Russian intention to recognize West Jerusalem as Israel's in the context of a peace deal with the Palestinians. [102] [103] On 14 June 2018, Russia held, for the first time, its annual Russia Day reception in Jerusalem. Until then, the annual reception has been held in the Tel Aviv area. [104] Although Russia has publicly recognised West Jerusalem as the capital of Israel, it continues to locate its embassy in Tel Aviv. [105] Prior to these events, in 2011 the Russian President Dmitry Medvedev stated that Russia had recognized the State of Palestine with East Jerusalem as its capital already in 1988, and that it had not changed its view. [9]

In January 2011, reaffirming Russia's recognition of the State of Palestine, President Dmitry Medvedev said Russia "supported and will support the inalienable right of the Palestinian people to an independent state with its capital in East Jerusalem." [105]

United Kingdom

The United Kingdom position on Jerusalem states that "Jerusalem was supposed to be a ‘corpus separatum’, or international city administered by the UN. But 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). We recognised the de facto control of Israel and Jordan, but not sovereignty. In 1967, Israel occupied E Jerusalem, which we continue to consider is under illegal military occupation by Israel. Our Embassy to Israel is in Tel Aviv, not Jerusalem. In E Jerusalem we have a Consulate-General, with a Consul-General who is not accredited to any state: this is an expression of our view that no state has sovereignty over Jerusalem." [106] [107]

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. [106] 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. [106]

United States

Greater Jerusalem, May 2006. CIA remote sensing map showing refugee camps, fences, walls, and settlements. Greater Jerusalem May 2006 CIA remote-sensing map 3500px.jpg
Greater Jerusalem, May 2006. CIA remote sensing map showing refugee camps, fences, walls, and settlements.

When Israel was founded, the position of the United States was that its recognition of Israel did not imply a particular view on the status of Jerusalem. [108] The US voted for the UN Partition Plan in November 1947, which provided for the establishment of an international regime for the city, and Resolution 194 in 1948, following the 1948 Arab–Israeli War. But the US voted against Resolution 303 in 1949 which reaffirmed that Jerusalem be established a corpus separatum under a special international regime to be administered by the UN, because the US regarded the plan as no longer feasible after both Israel and Jordan had established a political presence in the city. [109] The US position continues to be that final status of Jerusalem is to be resolved through negotiations. [110] On 8 December 2017, Secretary of State Rex Tillerson clarified that the President's statement "did not indicate any final status for Jerusalem" and "was very clear that the final status, including the borders, would be left to the two parties to negotiate and decide." [111]

On 6 December 2017, then-U.S. President Donald Trump announced that the U.S. would recognize Jerusalem as the capital of Israel. On 14 May 2018 the U.S. embassy was transferred from Tel Aviv to Jerusalem. The U.S. reclassified as its embassy its Jerusalem Consulate, which had been a lot in the neighborhood of Talpiot leased in 1989 for 99 years by the Israeli government and relocated there in 2002. [112] From 28 October 2020, for the first time, U.S. citizens born in Jerusalem will be allowed to list "Israel" as their place of birth on their U.S. passport, while retaining the option to list simply "Jerusalem" instead. [113] [114]

Yet, the United States continues to refer to Israeli residents of East Jerusalem as "settlers". [115] When US President Joe Biden visited Israel and Palestine in 2022, his delegation removed the Israeli flags from his vehicle upon entering East Jerusalem, in a move widely interpreted as signaling non-recognition of Israeli sovereignty over East Jerusalem. [116]

Other G20 countries

Other countries

Islamic holy sites

The status of Islamic holy sites in Jerusalem, including Haram Al-Sharif/Temple Mount, is also unresolved. In 1924, the Supreme Muslim Council, the highest Muslim body in charge of Muslim community affairs in Mandatory Palestine, accepted Hussein bin Ali (Sharif of Mecca) as custodian of Al-Aqsa. [179]

In the 1994 peace treaty with Jordan, Israel committed to "respect the present special role of the Hashemite Kingdom of Jordan in Muslim Holy shrines in Jerusalem." Israel also pledged that when negotiations on the permanent status will take place, it will give high priority to the Jordanian historical role in these shrines. The Wakf Department that oversees Muslim sites in Jerusalem is controlled by the Jordanian government, which insists on its exclusive custodianship of the holy site. In 2013, the Palestinian Authority also recognized Jordan's role through an agreement signed between PA President Mahmoud Abbas and King Abdullah II. [180]

Position of the Vatican

The Vatican has had a long-held position on Jerusalem and its concern for the protection of the Christian holy places in the Holy Land which predates the Palestinian Mandate. The Vatican's historic claims and interests, as well as those of Italy and France were based on the former Protectorate of the Holy See and the French Protectorate of Jerusalem, which were incorporated in article 95 of the Treaty of Sèvres (1920), which besides incorporating the Balfour Declaration also provided: "it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine". The Balfour Declaration and the proviso were also incorporated in the Palestinian Mandate (1923), but which also provided in articles 13 and 14 for an international commission to resolve competing claims on the holy places. These claimants had officially lost all capitulation rights by article 28 of the Treaty of Lausanne (1923). However, Britain never gave any effect to Mandate provisions arts 13 & 14.[ citation needed ]

During the negotiations of proposals that culminated in the United Nations Partition Plan for Palestine (also known as Resolution 181) in 1947, the historic claims of the Vatican, Italy and France were revived, and expressed as the call for the special international regime for the city of Jerusalem. This was also confirmed in UN General Assembly Resolution 194 in 1948, which maintained the position that Jerusalem be made an international city, [16] under United Nations supervision. The Vatican's official position on the status of Jerusalem was in favour of an internationalization of Jerusalem, in order to keep the holy place away from either Israeli or Arab sovereignty. [181]

Pope Pius XII supported this idea in the 1949 encyclical Redemptoris nostri cruciatus . It was proposed again during the papacies of John XXIII, Paul VI, John Paul II and Benedict XVI. [182] The Vatican reiterated this position in 2012, recognizing Jerusalem's "identity and sacred character" and calling for freedom of access to the city's holy places to be protected by "an internationally guaranteed special statute". After the US recognized Jerusalem as Israel's capital in December 2017, Pope Francis repeated the Vatican's position: "I wish to make a heartfelt appeal to ensure that everyone is committed to respecting the status quo of the city, in accordance with the relevant resolutions of the United Nations." [183]

French claims in Jerusalem

There are four sites in Jerusalem claimed by France as " Domaine national français ", which are based on claimed French acquisitions predating the formation of the State of Israel, and based on the former French Protectorate of Jerusalem (also known as capitulations), which was abolished in 1923. These sites are:

French presidents have claimed that the Church of Saint Anne in Jerusalem, for example, comes under French protection, is owned by its government, and is French territory. [184] [185] The Israeli government has not made any public statement relating to the French claims.

See also

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United Nations Security Council Resolution 478, adopted on 20 August 1980, is the last of seven UNSC resolutions condemning Israel's annexation of East Jerusalem. UNSC res 478 notes Israel's non-compliance with United Nations Security Council Resolution 476 and condemned Israel's 1980 Jerusalem Law which declared Jerusalem to be Israel's "complete and united" capital, as a violation of international law. The resolution states that the council will not recognize this law, and calls on member states to accept the decision of the council. This resolution also calls upon member states to withdraw their diplomatic missions from the city. The UNSC resolutions followed two General Assembly resolutions regarding Israel's actions in East Jerusalem.

<span class="mw-page-title-main">Israeli-occupied territories</span> Territories presently occupied by Israel since the 1967 Six-Day War

Israel has occupied the Palestinian territories and the Golan Heights since the Six-Day War of 1967. It previously occupied the Sinai Peninsula and southern Lebanon as well. Prior to 1967, the Palestinian territories was split between the Gaza Strip controlled by Egypt and the West Bank by Jordan, while the Sinai Peninsula and the Golan Heights are parts of Egypt and Syria, respectively. The Israeli occupation of the Palestinian territories and the Golan Heights, where Israel had transferred its parts of population there and built large settlements, is the longest military occupation in modern history.

<span class="mw-page-title-main">Corpus separatum (Jerusalem)</span> 1947 United Nations proposal for international administration of Jerusalem

Corpus separatum was the internationalization proposal for Jerusalem and its surrounding area as part of the United Nations Partition Plan for Palestine. It was adopted by the United Nations General Assembly with a two-thirds majority in November 1947. According to the Partition Plan, the city of Jerusalem would be brought under international governance, conferring it a special status due to its shared importance for the Abrahamic religions. The legal base ("Statute") for this arrangement was to be reviewed after ten years and put to a referendum. The corpus separatum was again one of the main issues of the post-war Lausanne Conference of 1949, besides the borders of Israel and the question of the Palestinian right of return.

<span class="mw-page-title-main">Jerusalem Embassy Act</span> United States law

The Jerusalem Embassy Act of 1995 is a public law of the United States passed by the 104th Congress on October 23, 1995. The proposed law was adopted by the Senate (93–5), and the House (374–37). The Act became law without a presidential signature on November 8, 1995.

<span class="mw-page-title-main">Borders of Israel</span> Political boundaries between Israel and neighboring states

The modern borders of Israel exist as the result both of past wars and of diplomatic agreements between the State of Israel and its neighbours, as well as an effect of the agreements among colonial powers ruling in the region before Israel's creation. Only two of Israel's five total potential land borders are internationally recognized and uncontested, while the other three remain disputed; the majority of its border disputes are rooted in territorial changes that came about as a result of the 1967 Arab–Israeli War, which saw Israel occupy large swathes of territory from its rivals. Israel's two formally recognized and confirmed borders exist with Egypt and Jordan since the 1979 Egypt–Israel peace treaty and the 1994 Israel–Jordan peace treaty, while its borders with Syria, Lebanon and the Palestinian territories remain internationally defined as contested.

<span class="mw-page-title-main">Israel–United Kingdom relations</span> Bilateral relations

Israel–United Kingdom relations, or Anglo-Israeli relations, are the diplomatic and commercial ties between the United Kingdom and Israel. The British embassy to Israel is located in Tel Aviv. The UK has an honorary consul in Eilat and a non-accredited consulate-general in Jerusalem, that represents the United Kingdom in that city and the Palestinian territories. Israel has three representative offices in the United Kingdom: an Embassy located in London and consulates in Cardiff and Glasgow. As of 2023 trade exceeded 6.1 billion British pounds. Israel and the UK engage together in scientific research, defence and the development of new technologies, with the UK seeking to tap into Israel's considerable high technology sector through local British initiatives. The UK since 2011 has sought to partner British companies with Israeli advanced technology companies. The UK Israeli cooperation has generated £1.2 billion as well as 16,000 British jobs of 250 such partnerships. The United Kingdom and Israel are currently negotiating renewing a free trade agreement.

<span class="mw-page-title-main">Palestine–Vatican City relations</span> Bilateral relations

The Holy See and Palestine established formal diplomatic relations in 2015 through the mutual signing of the Comprehensive Agreement between the Holy See and the State of Palestine. In 2017, a Palestinian embassy to the Holy See was opened.

<span class="mw-page-title-main">Australia–Israel relations</span> Bilateral relations

The bilateral relations between Australia and Israel were formally established in 1949. Australia has an embassy in Tel Aviv and Israel has an embassy in Canberra.

<span class="mw-page-title-main">China–Palestine relations</span> Bilateral relations

China–Palestine relations, also referred to as Sino–Palestinian relations, encompass the long bilateral relationship between China and Palestine dating back from the early years of the Cold War.

<span class="mw-page-title-main">Israeli annexation of East Jerusalem</span> Effective annexation of East Jerusalem by Israel in 1967

The Israeli annexation of East Jerusalem, known to Israelis as the reunification of Jerusalem, refers to the Israeli occupation of East Jerusalem during the 1967 Six-Day War, and its annexation.

<span class="mw-page-title-main">United States recognition of Jerusalem as capital of Israel</span>

On December 6, 2017, the United States of America officially recognized Jerusalem as the capital city of the State of Israel. American president Donald Trump, who signed the presidential proclamation, also ordered the relocation of the American diplomatic mission to Jerusalem from Tel Aviv, constituting what is now the Embassy of the United States in Jerusalem, which was established on the grounds of the former Consulate General of the United States in Jerusalem. Israeli prime minister Benjamin Netanyahu welcomed the decision and praised the announcement by the Trump administration. On December 8, U.S. Secretary of State Rex Tillerson clarified that Trump's statement "did not indicate any final status for Jerusalem" and "was very clear that the final status, including the borders, would be left to the two parties to negotiate and decide" in reference to the recognition's impact on the Israeli–Palestinian peace process.

<span class="mw-page-title-main">United Nations General Assembly Resolution ES-10/19</span> United Nations resolution resolution adopted in 2017

United Nations General Assembly Resolution ES‑10/19 is an emergency session resolution declaring the status of Jerusalem as Israel's capital as "null and void". It was adopted by the 37th Plenary meeting of the tenth emergency special session of the United Nations General Assembly during the tenure of the seventy-second session of the United Nations General Assembly on 21 December 2017. The resolution was drafted by Yemen and Turkey. Though strongly contested by the United States, it passed by 128 votes to 9 against with 21 absentees and 35 abstentions.

<span class="mw-page-title-main">Embassy of the United States, Jerusalem</span> Diplomatic mission of the United States in Israel

The Embassy of the United States of America in Jerusalem is the diplomatic mission of the United States of America to the State of Israel. It is located in Talpiot, a neighborhood in southeastern Jerusalem. In mid-October 2018, Mike Pompeo, the Secretary of State under the Trump administration, declared that the new embassy would be merging with the Consulate General, through which the United States had maintained diplomatic relations with the Palestinian Authority. Currently, all diplomacy between the United States and the Palestinians is conducted through the "Office of Palestine Affairs" inside of the American embassy for Israel.

<span class="mw-page-title-main">United Nations General Assembly Resolution 303 (IV)</span> United Nations resolution adopted in 1949

United Nations General Assembly Resolution 303, adopted on 9 December 1949 by a vote of 38 to 14, restated the United Nations' support for a Corpus separatum in Jerusalem. Notably the voting pattern was significantly different from that of the United Nations Partition Plan for Palestine vote two years earlier, with many states swapping sides. In particular, all the Arab and Muslim countries voted for the corpus separatum, having voted against the 1947 plan; conversely the United States and Israel voted against the corpus separatum, having previously supported it.

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