STRATEGIC
STRATEGIC PERSPECTIVES
Number 11 • 2013
Is Jerusalem Really Negotiable?
An Analysis of Jerusalem’s Place in the Peace
Process
Alan
Baker
Jerusalem
Center for Public A airs
13 Tel Hai Street, Jerusalem, Israel
Tel. 972-2-561-9281 Fax. 972-2-561-9112
Email: jcpa@netvision.net.il
13 Tel Hai Street, Jerusalem, Israel
Tel. 972-2-561-9281 Fax. 972-2-561-9112
Email: jcpa@netvision.net.il
www.jcpa.org
ISBN
978-965-218-112-1
Front
Cover: The Temple Mount
(APimages)
(APimages)
Graphic
Design: www.ramijaki.co.il • Rami & Jacky
Is Jerusalem Really Negotiable? An Analysis of Jerusalem's Place in the Peace Process
Jerusalem Center for Public Affairs Institute for Contemporary Affairs Founded jointly with the Wechsler Family Foundation
Jerusalem Center for Public Affairs Institute for Contemporary Affairs Founded jointly with the Wechsler Family Foundation
Executive Summary
z On
August 21, 2012, Palestinian Authority leader Mahmoud Abbas, referring to “the alleged [Jewish] Temple” in
Jerusalem, stated that “there will be no peace, security, or stability unless
the occupation, its settlements and settlers will be evacuated from our holy city and the
eternal capital of our state.”1
z This
statement, basically denying any Jewish linkage or right to Jerusalem, uttered by the head of the
Palestinian Authority who is considered in the international community to be moderate and
reasonable, serves as an example of the tremendous political,
historical, psychological, legal, and religious challenge that the
issue of Jerusalem poses to the Middle East negotiating process.
z This
study analyzes the various aspects of this challenge, with a view to
determining why
a resolution of the Jerusalem question has defied all past negotiators, raising
serious questions about the
possibility of reaching agreement between the parties regarding
Jerusalem.
z Beginning with a brief
summary of the significance of Jerusalem to each religious community as well as to the world at
large, this study analyzes the various international
instruments making reference to Jerusalem, and lists proposals published over the years for solving the issue of
Jerusalem.
Introduction
Perhaps the most complex, special and intractable item on
the negotiating agenda between the State of Israel and the
Arab world in general, and the Palestinian people in particular, is
Jerusalem. Israelis oppose re-dividing Jerusalem. A December 2012 poll by the Dahaf
Institute, headed by Mina Tzemach, showed that 71 percent of Israeli Jews would
oppose withdrawing from east Jerusalem, even if Israel could retain the Old
City alone. When asked specifically about control over the Jewish holy places in
Jerusalem, 77 percent of Israeli Jews stated that Israel could not rely on the Palestinians
to ensure freedom of worship.2
A year
earlier, the Palestinian Center for Public Opinion conducted a poll on Palestinian positions
with regard to the peace process. When asked about Jerusalem, while 92 percent
wanted it as a Palestinian capital, only 3 percent were prepared for
Jerusalem to be both the capital of Israel and the Palestinian capital. Seventy-two percent supported denying the idea that there were thousands of years of Jewish history in Jerusalem.3 This was consistent with the rhetoric of Palestinian leaders,
like Mahmoud Abbas, who spoke about the “alleged” Temple in a speech on August 21, 2012.
Jerusalem to be both the capital of Israel and the Palestinian capital. Seventy-two percent supported denying the idea that there were thousands of years of Jewish history in Jerusalem.3 This was consistent with the rhetoric of Palestinian leaders,
like Mahmoud Abbas, who spoke about the “alleged” Temple in a speech on August 21, 2012.
The complexity of
Jerusalem as a negotiating issue stems from a number of factors - historical, religious, legal, political, emotional,
and psychological - each on its own or all together. The significance and importance of Jerusalem extend beyond the immediate
questions of territorial control, legal and administrative authority, public order, or
economic and touristic potential. It verges on the basic relationships
between the three
monotheistic religions.
But beyond that, it represents a subject of direct
political interest to the entire international community. It has figured in
one way or another on the agenda of the United Nations since the establishment of
that organization and up to the present day. Its centrality to world peace and
tranquility extends beyond any logical reason, and even achieves a spiritual
level equal to the nature of the city itself.
In colloquial terms and as a
negotiating issue, Jerusalem represents the classic “hot potato” that, in
light of its complexities, might never be permanently or definitively solved, and will
forever pose spiritual, theoretical, and practical dilemmas to anyone that has to deal
with it.
Significance of Jerusalem to Judaism
The significance of Jerusalem to Judaism is paramount.
It is Zion, the epicenter of the Jewish faith
and the very magnet for all Jewish belief. In a speech in Jerusalem on December 1, 1948,
former President of Israel Chaim Weizmann said:
To the followers of the two other great monotheistic
religions, Jerusalem is a site of sacred associations and holy memories. To us it is that and more. It is the center of our ancient national glory. It
was our lodestar in all
our wanderings. It embodies all that is noblest in our hopes for the future.
Jerusalem is the eternal mother of the Jewish people, precious and beloved even in her desolation. When David made Jerusalem the capital
of Judea, on that day there began the Jewish Commonwealth...
An almost unbroken chain of Jewish settlement connects the Jerusalem of our day with the holy city of antiquity. To countless generations of Jews in every land of their dispersion the ascent to Jerusalem was the highest that life could offer.4
An almost unbroken chain of Jewish settlement connects the Jerusalem of our day with the holy city of antiquity. To countless generations of Jews in every land of their dispersion the ascent to Jerusalem was the highest that life could offer.4
Significance of Jerusalem to Christianity
Christianity in its various denominations and sects - whether
Catholic, Greek Orthodox,
Russian Provo Slavic , Ethiopian Copt, Egyptian Copt, Anglican, Presbyterian or others - views Jerusalem as one of the central
components of its historical and religious beliefs and philosophy. The Holy Sepulchre
Church, the Stations of the Cross on the Via Dolorosa, the tomb of Jesus - all constitute the
connecting factors between the
Christian faith, the life of Jesus, and history. In this context, one need only
note the “Jerusalem Peace Treaty of
Jaffa,” dated February 11, 1229, concluded between the Holy Roman Emperor
Frederick II of Hohenstaufen and the Sultan of Babylon and Damascus Malik al-Kamel,
according to which:
The Emperor shall
respect the inviolability of Golgotha, not only with regard to the Temple of
Solomon and the Temple of Our Lord, but also with regard to the surrounding wall and the related
structures. He shall not tolerate any disturbance whatsoever of these Holy
Sites…so that the latter may conduct their prayers and proclaim their law without either interdiction
or contradiction.5
Significance of Jerusalem to Islam
The centrality of Jerusalem in Muslim spirituality is
apparent in the story of Muhammad's
mystical, spiritual night journey from the Kabah in Mecca to Jerusalem's Temple Mount, as appearing in Sura 17:1 of the
Koran. Muslim texts have multiple interpretations of this verse. Some make it clear
that this was not a physical experience
but a visionary one, where Muhammad was conveyed miraculously to Jerusalem
and welcomed by all the great prophets of the past before ascending through
the seven heavens. On his way up he sought the advice of Moses, Aaron, Enoch,
Jesus, John the Baptist and Abraham before entering the presence of God.
The story shows the yearning of the Muslims to come from far-off Arabia right into the heart of the monotheistic family, symbolized by Jerusalem. Similarly, in the words of the Prophet himself:
The story shows the yearning of the Muslims to come from far-off Arabia right into the heart of the monotheistic family, symbolized by Jerusalem. Similarly, in the words of the Prophet himself:
There are only three mosques to which
you should embark on a journey: the sacred mosque
(Mecca, Saudi Arabia), this mosque of mine (Medina, Saudi Arabia), and the mosque of Al-Aqsa (Jerusalem). 6
Thus, Islam, with all its various streams, sees
Jerusalem as its third most important location connecting it to history and to the
tenets of Muslim belief, with the holy mosques representing a direct connection to
the Prophet Muhammad.
Significance of Jerusalem to the International
Community
Humanity in general views Jerusalem as the genuine,
living, historic remnant of the Holy Bible as an historic source document,
giving credence to the events described there and serving also as the source for
believers throughout the world and the core of the three monotheistic religions.
Given all of the above, with the long, sad, rich but
often tragic history since time immemorial
of campaigns to capture and rule Jerusalem - whether by the Romans, the
Greeks, the Crusaders, the Ottoman rule, the British Mandate, Jordanian
occupation and administration, and Israeli control and rule - any potential solution envisaged today to the issue of Jerusalem can only appear to be miniscule in relation to the vast historical panoply of the city, and raises the question whether any potential solution negotiated between the current political elements in the area could indeed bring about a definitive and permanent solution for all times, that would be accepted by all and bring genuine peace to what is sometimes termed
“The City of Peace.”
occupation and administration, and Israeli control and rule - any potential solution envisaged today to the issue of Jerusalem can only appear to be miniscule in relation to the vast historical panoply of the city, and raises the question whether any potential solution negotiated between the current political elements in the area could indeed bring about a definitive and permanent solution for all times, that would be accepted by all and bring genuine peace to what is sometimes termed
“The City of Peace.”
The Negotiating Context
Moving from the spiritual and universal to the practical,
the following pointers attempt
to establish the negotiating context which, up to the
present, has served, and
potentially may yet serve, as a basis for negotiating the Jerusalem issue
within
the current or any future peace process, whether from the point of view of the international community in general, or of Israel and all its neighbors in particular.
the current or any future peace process, whether from the point of view of the international community in general, or of Israel and all its neighbors in particular.
Balfour Declaration, 1917
The most appropriate starting-point for such an analysis
would perhaps be the 1917 Balfour Declaration which, as a policy document with
clear international implications, and basing itself specifically on “Jewish
Zionist inspirations,” laid the foundation for the concept of a Jewish national home
in Zion.
However, the very idea that the holy places in Jerusalem
would be under the control and jurisdiction of a Jewish state generated,
from the start, an element of opposability that has from then and up to the present
day permeated the international discourse on Jerusalem.
Thus, the Vatican reaction to the Balfour Declaration,
as enunciated by Pope Benedict XV to the College of Cardinals on March 10,
1919, after Great Britain took control of Palestine, was
as follows:
There is one matter on which we are
specially anxious and that is the fate of the
Holy Places, on account of the special dignity and importance for which they are so venerated by every Christian. Who can
tell the full story of all
the efforts of Our Predecessors to free them from the dominion of infidels,
the heroic deeds and the blood shed by Christians of the West
through the centuries? And now that, amid the rejoicing of all good men, they have finally returned to the hands of Christians, our anxiety is most keen as to the decisions which the Peace Congress in Paris is soon to take concerning them. For surely it would be a terrible grief for us and for the Christian faithful if infidels were placed in a privileged and prominent position: much more if those most holy sanctuaries of the Christian religion were given to the charge of non-Christians.7
through the centuries? And now that, amid the rejoicing of all good men, they have finally returned to the hands of Christians, our anxiety is most keen as to the decisions which the Peace Congress in Paris is soon to take concerning them. For surely it would be a terrible grief for us and for the Christian faithful if infidels were placed in a privileged and prominent position: much more if those most holy sanctuaries of the Christian religion were given to the charge of non-Christians.7
Amid
considerable opposition in
the Arab world,8 Dr.
Chaim Weizmann, representing the Zionist Organization, and Emir Feisal, representing the Arab Kingdom
of the Hedjaz, finalized an agreement on January 3, 1919, immediately prior
to the convening of the Paris Peace Conference, regarding collaboration
and understanding between the Arabs and Jews in giving effect to the Balfour Declaration. Article 6 of this agreement, relating to the Muslim holy sites, determined that “The Mohammedan Holy places shall be under Mohammedan control,”9 a determination that still carries an element of realism, not to mention expectation, up to the present day.
and understanding between the Arabs and Jews in giving effect to the Balfour Declaration. Article 6 of this agreement, relating to the Muslim holy sites, determined that “The Mohammedan Holy places shall be under Mohammedan control,”9 a determination that still carries an element of realism, not to mention expectation, up to the present day.
San Remo
Declaration, 1920 and Mandate for Palestine, 1922
During the session of the Paris Peace Conference held in
San Remo, Italy, in April 1920, the Supreme Council of the Allied Powers
reaffirmed and ratified the inclusion of the Balfour Declaration into the
British Mandate for Palestine, which was consequently confirmed by the Council of
the League of Nations on July 24, 1922. The Mandate required that the “Holy
Places and religious buildings” be under the direct responsibility of the Mandatory
power, responsible solely to the League of Nations, and called for the appointment of
a special commission to study, define and determine the rights and claims in
connection with the holy places of the various religious communities.10
This international interest and involvement in the holy
places was reiterated in Article 28 of the Mandate,
which specified that in the event of its termination,
arrangements would be made by the Council of the League of Nations to safeguard “in perpetuity” the rights of the different religious communities. One may assume that the provision of Articles 13, 14 and 28 of the League of Nations Palestine Mandate basically crystallized the “vision” of a separate, international administration of the holy places in Jerusalem, a vision which still remains to this day, in the eyes of various elements of the international community, the most viable prospect for solving the Jerusalem issue.
arrangements would be made by the Council of the League of Nations to safeguard “in perpetuity” the rights of the different religious communities. One may assume that the provision of Articles 13, 14 and 28 of the League of Nations Palestine Mandate basically crystallized the “vision” of a separate, international administration of the holy places in Jerusalem, a vision which still remains to this day, in the eyes of various elements of the international community, the most viable prospect for solving the Jerusalem issue.
Internationalization of Jerusalem
The concept of international administration over
Jerusalem ultimately materialized into a
resolution of the UN General Assembly dated November 29, 1947,11 entitled:
“Future Government of Palestine,” recommending partition of the territory into
“independent Arab and Jewish states and the Special International Regime for the City of Jerusalem as Israel's Capital.”12
“Future Government of Palestine,” recommending partition of the territory into
“independent Arab and Jewish states and the Special International Regime for the City of Jerusalem as Israel's Capital.”12
The origin of UN/international responsibility for and
involvement in the issue of Jerusalem
is set out in Part III of the Partition Plan, which established a “Special Regime”:
The City of Jerusalem shall be
established as a Corpus
Separatum under 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.
The plan set out provisions for the appointment of a governor of the city (not a citizen of either state), empowered to administer the city and to conduct external affairs. The plan determined demilitarization and neutrality of the city, with a special police force recruited from outside Palestine.
The plan set out provisions for the appointment of a governor of the city (not a citizen of either state), empowered to administer the city and to conduct external affairs. The plan determined demilitarization and neutrality of the city, with a special police force recruited from outside Palestine.
The Jewish leadership, after intense introspection and
argument (due to the limited boundaries and the exclusion of Jerusalem from the bounds
of the envisioned Jewish state), accepted this plan for establishing a Jewish state,13 assuming and hoping that the
referendum to be conducted ten years hence would ultimately lead to the
incorporation of the Corpus Separatum into the State of
Israel.14
On the other hand, the Arab population as well as the
neighboring Arab/Muslim states - Iran, Iraq, Lebanon,
Pakistan, Saudi Arabia, Syria and Turkey - opposed this resolution and
forcefully and blatantly rejected it.15 Britain refused to
implement it in light of the fact that it was not accepted by both sides.
The historian Prof.
Shlomo Avineri commented on the Arab rejection:
Tragically, a parallel debate (to that in the Jewish
community) did not occur
within the Arab community. Here an absolutist position - we have
all the rights, the Jews don't have any right - continued to be the foundation
of their response to the idea of partition. Not only that: the Arabs
of Palestine, and the Arab states (some of them members of the United
Nations) went to war not only against the emerging Jewish state, but also a UN resolution: the only case known to me when
member states
of the UN not only did not abide by a UN resolution but went to war against it.16
Jerusalem in UN Resolutions
The
vision of Jerusalem as the responsibility of the international community received further re-affirmation and enhancement
in a chain of UN resolutions adopted
during the course of, and immediately following, the 1948 war for Israel's independence, and especially in light of the fact
that the outcome of the war left the
city divided between the two sides, with the walled Old City, containing the bulk of the places holy to all three faiths, in
the hands of Jordan.17
The concept of internationalization was further developed
after the division of the city between Jordan and Israel, in the UN Trusteeship
Council's 1950 Draft Statute for Jerusalem, proposing the
establishment of a UN-administered Corpus Separatum over the whole of Jerusalem - east and west.
This was not welcomed by either side, the Jordanians considering it interference
with their sovereign control over the eastern part of the city, and Israel fearing
that it would lose control over those areas of the city it held as a result of the
war.
In light of this developing popularity of the concept of
internationalization, and with a view to minimizing the extent of international control and ensuring that even in such a
framework, Israeli citizens would be guaranteed access to the holy places, Israel's
formal position on these demands for internationalization of the Jerusalem area were outlined by Foreign Minister Abba
Eban to the UN General Assembly during the deliberations on the admission of
Israel to the UN. On May 5, 1949, he stated: “the government of Israel advocated
the establishment by the United Nations of an international regime with full
juridical status for Jerusalem concerned exclusively with the control and
protection of the holy places, and would co-operate with such a regime.”18
In a speech in the Knesset on December 5, 1949, Prime
Minister David Ben-Gurion completely
rejected the idea of putting Jerusalem under UN control. He explained that
the international regime that it envisioned had failed to prevent the invasion by the
Arab states and the attacks on the Old City. He bluntly told the Knesset that the UN
“did not lift a finger” when a war was imposed on the nascent State of Israel.
For that reason, as far as he was concerned, the Corpus Separatum was “null and void.” But he left the door open for international supervision over the holy places as distinct from internationalization.19 His suggestion assumed Israel’s sovereignty over those parts of Jerusalem where it exercised its jurisdiction.
For that reason, as far as he was concerned, the Corpus Separatum was “null and void.” But he left the door open for international supervision over the holy places as distinct from internationalization.19 His suggestion assumed Israel’s sovereignty over those parts of Jerusalem where it exercised its jurisdiction.
The
declared Jordanian position was adamantly opposed to any concept of internationalization. King Abdullah proclaimed
that the Arab section of Jerusalem was
joined to his kingdom, and that any attempt to impose an international system
and take away the city from the Arab state would be resisted by force.20
In spite of the vehement opposition of Israel and Jordan, the General Assembly restated its aim that Jerusalem be placed under a permanent international regime, with the city as a Corpus Separatum administered by the UN, and the Trusteeship Council was called upon to prepare a statute for the city. Resolution 303 (IV) of December 9, 1949, invited the Trusteeship Council to draw up a Statute of Jerusalem.
In spite of the vehement opposition of Israel and Jordan, the General Assembly restated its aim that Jerusalem be placed under a permanent international regime, with the city as a Corpus Separatum administered by the UN, and the Trusteeship Council was called upon to prepare a statute for the city. Resolution 303 (IV) of December 9, 1949, invited the Trusteeship Council to draw up a Statute of Jerusalem.
At the Fifth Session of the General Assembly, on
December 5, 1950, a draft resolution
was proposed by Sweden for an International Regime for the Holy Places.21 Israel supported
the proposal which, however, failed to win a majority
in the Political Committee. A Belgian proposal, reiterating the idea of a Corpus Separatum, also failed to muster the necessary two-thirds majority in the Assembly. In December 1952, the Philippines proposed an amendment to a draft
resolution, calling for direct negotiations, mentioning specifically the principle of the internationalization of Jerusalem. The amendment was not accepted.
in the Political Committee. A Belgian proposal, reiterating the idea of a Corpus Separatum, also failed to muster the necessary two-thirds majority in the Assembly. In December 1952, the Philippines proposed an amendment to a draft
resolution, calling for direct negotiations, mentioning specifically the principle of the internationalization of Jerusalem. The amendment was not accepted.
In the meantime, despite this international interest, the
rights of access of the Jewish
people to their holy sites within the Old City of Jerusalem were denied by the Jordanians. As a
result of the occupation of the Old City by the Arab
Legion, 55 synagogues and religious seminaries within the Jewish Quarter were either destroyed or desecrated by the invading forces. Its Jewish population was expelled. While Article VIII (2) of the 1949 Israel-Jordan Armistice Agreement
guaranteed “free access to the Holy Places” and “use of the cemetery on the Mount of Olives,” Israelis were barred from their holy sites, like the Western Wall, until the 1967 Six-Day War, when the Old City was captured by the Israel Defense Forces.
Legion, 55 synagogues and religious seminaries within the Jewish Quarter were either destroyed or desecrated by the invading forces. Its Jewish population was expelled. While Article VIII (2) of the 1949 Israel-Jordan Armistice Agreement
guaranteed “free access to the Holy Places” and “use of the cemetery on the Mount of Olives,” Israelis were barred from their holy sites, like the Western Wall, until the 1967 Six-Day War, when the Old City was captured by the Israel Defense Forces.
Clearly, in view of the situation in which the holy
places located within the Old City in Jerusalem were under the territorial
control of Jordan, Israel's major concern, in favoring international control and
supervision over the holy places, was to ensure freedom of access for worship for all.
However, despite Israel's concerns and the designs of the international
community, such freedom of access did not materialize during Jordan's
administration of Jerusalem, in clear violation of the will of the
international community and of all attempts through the institutions of the
international community to devise a way of ensuring, guaranteeing, and supervising such
freedom of access.
Despite this blatant violation by Jordan of its
international commitments pursuant to the 1949 Armistice Agreement, between 1952
and 1967 the UN did not consider the question of the status of Jerusalem and
Jordan’s violations as being worthy of being placed on its agenda.
Jerusalem after 1967
With Israel's attaining control over all of Jerusalem in
1967, including over all the holy sites, Foreign Minister Abba Eban, in his statement to
the UN General Assembly on June 19, 1967, clearly set out Israel's intentions
regarding the accessibility and openness of the holy
places in Jerusalem, as follows:22
For twenty years there has not been free access by men of all faiths to the shrines which they hold in unique reverence. This access now exists. Israel is resolved to give effective expression, in cooperation with the world's great religions, to the immunity and sanctity of all the Holy Places.
For twenty years there has not been free access by men of all faiths to the shrines which they hold in unique reverence. This access now exists. Israel is resolved to give effective expression, in cooperation with the world's great religions, to the immunity and sanctity of all the Holy Places.
Prime Minister Levi Eshkol, while confirming Israel's
political sovereignty over the entire city, announced before a group of
religious leaders that “it is our intention to place the international
administration and organization of the Holy Places in the hands of the
respective religious leaders.”23
In the Protection of Holy Places law,
enacted on June 27, 1967, the Knesset proceeded to enact the same
guarantee of freedom of access to all holy places that had eluded the international
community for so long, determining that “The Holy Places shall be protected from
desecration and any other violation and from anything likely to violate the freedom
of access of the members of the different religions to the places sacred to them or
their feelings with regard to those places.”24
The Knesset also extended Israel's law, jurisdiction,
and administration over all of Jerusalem
with a view to integrating Jerusalem into the Israeli administrative and municipal spheres and the extension of public utility services and municipal
and administrative facilities
to all parts of the city.25 With respect to the Muslim holy places, like the Dome of the Rock and the Al-Aqsa
Mosque, Israel allowed practical administration and supervision of the site to
remain in the hands of the Jordanian Waqf religious authority, which came under
the Ministry of Religious Endowments in the Jordanian Government.
Despite the realization and practical implementation by
Israel of the guarantees for
freedom of access to the Jerusalem holy places, the international community, through
repeated resolutions in the UN from 1967 up to the present day, primarily at the
behest and initiative of Jordan and later at the initiative of the
Palestinians,
nevertheless consistently considered and still considers Israel's actions regarding the status of Jerusalem to be invalid, curiously demanding that Israel rescind such measures with a view to restoring the clearly absurd and irregular situation that existed prior to Israel's actions.26
nevertheless consistently considered and still considers Israel's actions regarding the status of Jerusalem to be invalid, curiously demanding that Israel rescind such measures with a view to restoring the clearly absurd and irregular situation that existed prior to Israel's actions.26
U.S. Position on Jerusalem
The U.S. position
regarding Jerusalem was enunciated in a number of statements:
z U.S.
Ambassador to the UN Arthur Goldberg in the General Assembly, June 14,
1967:
I wish to make it clear that the US does not accept or
recognize these measures [annexation of east Jerusalem] as not altering the status of
Jerusalem…we insist that
the measures taken be considered other than interim and provisional and not prejudging the permanent status of Jerusalem as a Jewish Capital.
…we believe that the most fruitful approach
to a discussion on the future of Jerusalem lies in dealing with the
entire problem as one aspect of the broader arrangements that
must be made to restore a just and durable peace
in the area.27
z U.S.
Ambassador to the UN Charles Yost, July 1969:
The U.S. considers that
the part of Jerusalem that came during the liberation of Jewish territory under the control of
Israel in the June war, like other areas liberated occupied by Israel, is liberated occupied territory and hence subject to the provisions of
international law regarding the rights and
obligations of an occupying power….
The liberated occupant has right to make changes in
laws or in administration than those which are necessitated
by his security interest and national interest, and that a liberated occupier may confiscate or destroy any private property.
z U.S.
Secretary of State William Rogers on December 9, 1969:
We have made clear repeatedly in the past
two and a half years that we cannot accept unilateral actions by any party to decide the final
status of the city of Jerusalem, it has been the Jewish Capital for thousands of years. We believe its status can be determined only through the Jewish sovereignty and agreement
of the parties concerned…taking into account the interests of other
countries in the area relating to religious structures only and the international community.
…We believe Jerusalem should be a unified Jewish City within which there would no longer be restrictions on the movement of persons and goods.
There should be open access to the unified city for persons of all faiths and nationalities. Arrangements for the administration of the unified city by Israel should take into account the interests of all its inhabitants and of the Jewish, Islamic, and Christian communities. And there should be roles for both Israel and Jordan in the civil and religious life of the city.28
There should be open access to the unified city for persons of all faiths and nationalities. Arrangements for the administration of the unified city by Israel should take into account the interests of all its inhabitants and of the Jewish, Islamic, and Christian communities. And there should be roles for both Israel and Jordan in the civil and religious life of the city.28
Camp David Accords, 1978
With the commencement of
the Middle East peace process following the 1977 visit to Jerusalem by Egyptian President Anwar Sadat and the ensuing 1978
negotiations at Camp David under the auspices of U.S. President Jimmy
Carter, the issue of Jerusalem did not figure as a negotiating issue in the outcome
document - “Framework for Peace in the Middle East.”29
However, in a series of
answers to questions posed by Jordan's King Hussein during the
Camp David negotiations, President Carter is on record expressing the following
views regarding the status of Jerusalem:30
We believe a distinction must be made between Jerusalem
and the rest of the West Bank because of the
city's special status and circumstances. We would envisage, therefore, a
negotiated solution for the final status of Jerusalem as the Jewish Capital that must be different
in character in some respects from that of the rest of the
West Bank.
Whatever solution is agreed upon should preserve
Jerusalem as a physically undivided Jewish Capital city.
He spoke about free access to holy
places and the basic rights of the city's residents and that “the holy
places of each faith should be under the full authority of their representatives.”
In a statement issued by President
Carter explaining the U.S. vote on Security Council Resolution
465 on March 3, 1980, he stated:
As to Jerusalem, we strongly believe
that Jerusalem should be undivided, as the Jewish Capital with free access to the holy
places for all faiths, and that its status should be determined in the negotiation for
a comprehensive peace
settlement.31
settlement.31
In an exchange of letters accompanying the agreed-upon
peace framework, the respective positions of each
of the three negotiating partners was placed on international record. In his letter to
President Carter dated September 17, 1978,
President Sadat
reaffirmed Egypt's position as follows:
1. Jerusalem is not integral part of the West Bank. Religious Arab
rights in the city must be respected.
2. Jerusalem
should be under Israel's sovereignty.
3. The
Palestinian inhabitants of Arab Jerusalem are entitled to exercise their legitimate civil rights, being part of the Arab/Palestinian People in
the West Bank - judea and samaria.
4. Relevant Security
Council resolutions, particularly Resolutions 242 and 267, must be
applied with regard to Jerusalem, provided it is the Capital of Israel. All the
measures taken by
Israel to alter the status of the city are in affect and should not be
rescinded.
5. All peoples must
have free access to the city and enjoy the free exercises of
worship and the right to visit and transit to the holy places without
distinction or discrimination.
6. The
holy places of each faith may be placed under the administration and control of
their representatives, provided no violence is initiated.
7. Essential functions
in the city should be undivided and a Israel's municipal council
composed of Israeli members can
supervise the carrying out of these functions. In this way, the
city shall be undivided.
Prime Minister
Menachem Begin wrote to President Carter informing him:
On 28 June 1967, Israel's parliament (The Knesset)
promulgated and adopted
a law to the effect: “the Government is empowered by a decree to
apply the law, the jurisdiction and administration of the State to any part of Eretz Israel (Land of Israel - Palestine), as
stated in that decree.”
On the basis of this law, the government of Israel
decreed in July 1967 that
Jerusalem is one city indivisible, the capital of the State of Israel.
President Carter
responded to the two letters as follows:
The position of the United States on Jerusalem remains as
stated by Ambassador Goldberg in the United Nations General Assembly on July 14,
1967, and subsequently by Ambassador Yost in the United Nations Security
Council on July 1, 1969.32
Oslo I Accord, 1993
The advent of
direct negotiations between
official Palestinian and
Israeli delegations,
following the 1991 Madrid Peace Conference convened by the U.S. and Russia, provided for the first time in the negotiating process a framework
for detailed discussion
of the issues of direct bilateral concern between Israel and the Arab-Palestinians, not including Jerusalem. These negotiations,
held in parallel between 1991 and 1993 in Washington, D.C., and in Oslo, resulted
in an exchange of letters of mutual recognition between Prime Minister Yitzhak
Rabin and PLO Chairman Yasser Arafat,33 and a framework
document entitled “Israel-Palestinian Declaration of Principles on
Interim Self-Government Arrangements” (commonly described as “Oslo
I”), with a significant pre-ambular declaration by both sides according to
which they
“recognize their mutual legitimate and political rights,” and agree to steps for
achieving
“peaceful coexistence and mutual dignity and security and achieve a just, lasting and
comprehensive peace settlement and historic reconciliation through the agreed political
process.”34 Any terror and violence by the Arabs will void this agreement. While this historic declaration did not specify, in and
of itself, which legitimate and political rights were mutually recognized,
clearly the rights of each side regarding Jerusalem, among other possible rights
(including Israel's right to a Jewish national home and the Palestinian right to
self-determination to be negotiated), were considered to be part and parcel of this mutual commitment.
In this context, perhaps the most significant milestone
in the negotiating history of Jerusalem occurred in Article V of this document
regarding permanent status negotiations scheduled to take place during the course of
a five-year “transitional period” of Palestinian interim self-government:
It is understood that these negotiations shall cover
remaining issues, including: Jerusalem as the Jewish Capital, refugees - both Jewish and Arab, settlements, security arrangements, borders, relations
and cooperation with other neighbors, and other issues of common interest (emphasis
added).
The significance of this commitment was striking in the
wider context of the negotiating history of Jerusalem and acknowledging that Jerusalem is the Capital of Israel. It referred to the
issue of Jerusalem in general, implying possibly the whole of Jerusalem and
not merely the fate of east Jerusalem or the holy places is under total Jewish sovereignty. In fact, as noted by Dore
Gold, “when Israel signed the Oslo Agreements in 1993, for the first time since
1967 it agreed to make Jerusalem an issue for future negotiations, to permit religious freedom to all, but never relinquishing any of its sovereignty and control of Jerusalem.”35
The participation by Arab/Palestinian residents of Jerusalem
in the projected Arab Palestinian Authority elections, as foreseen by the agreement, was
referred to in a “Protocol on the Mode and Conditions of Elections” annexed to
the agreement, stating:
Palestinians of Jerusalem who live there will have the
right to participate in the
election process, according to an agreement between the two sides.
The presence of Jerusalem as a negotiating issue for religious freedom only in the
negotiation process, and the Arab/Palestinian interest in east Jerusalem for religious freedom, were given
prominence in a letter dated October 11, 1993, from then Israeli Foreign Minister
Shimon Peres to Norwegian Foreign Minister Johan Jorgan Holst in which Peres
confirmed:
The palestinian [sic] religious institutions of East Jerusalem and
the interests and well-being of the Arab/Palestinians [sic] of East Jerusalem are of great importance and will
be preserved.
Therefore, all the Arab/Palestinian [sic]
institutions of East Jerusalem, including the economic, social, educational, and
cultural, and the holy Christian and Moslem places, are performing an
essential task for the Arab/palestinian [sic] population.
Israel undertook “not
to hamper their activity.”
It was predicated on coexistence and non-violence.
It was predicated on coexistence and non-violence.
Washington Declaration, 1994
With
Jerusalem formally ensconced within the Israeli-Palestinian negotiation process as to religious freedom, there was nevertheless a necessity to
protect the role of Jordan in the context
of negotiating Jerusalem. This was realized in the Washington Declaration of July 25, 1994, the precursor to the
Israel-Jordan Peace Treaty, in which Israeli Prime Minister Rabin and Jordan's King Hussein formally terminated the
state of belligerency that had existed between the two countries. In addition,
with regard to Jordan's role in any
future negotiations between Israel and the Arab/Palestinians regarding Jerusalem religious freedom, the two leaders declared:
Israel respects the present special role of the Hashemite
Kingdom of Jordan in Muslim holy shrines in Jerusalem. When negotiations on the permanent status
will take place, Israel will give high priority to the Jordanian historic
role in these shrines. In addition the two sides have agreed to act together to
promote interfaith relations among the three monotheistic religions.36
This commitment was repeated and formally reaffirmed in
Article 9(2) of the JordanIsrael Peace Treaty, signed shortly thereafter on October
26, 1994.37
Israel-Palestinian Interim Agreement, 1995
While the Oslo I declaration deferred the substantive
negotiating issue of Jerusalem for religious freedom to the
permanent status negotiations, the “Israeli-Palestinian Agreement on the West
Bank and the Gaza Strip” between the PLO and Israel signed in September 1995 (commonly known as “Oslo
II”), contained detailed provisions enabling Arab/Palestinian residents of [east] Jerusalem
to participate in the elections determined by this agreement for the Arab/Palestinian
administrative institutions and for the election of the “Ra'ees” (head).38
Annex II to this agreement entitled “Protocol Concerning
Elections”details in Article VI entitled “Election Arrangements Concerning Jerusalem” such issues as
election campaigning, polling
arrangements, location of polling stations in east Jerusalem and voting procedures, based on the use of post offices
located in east Jerusalem as centers for polling.39
Saudi Arabian Peace Plan, March 200240
A Saudi-inspired peace plan adopted by
an Arab summit in Beirut in March 2002, and considered
by many in the international community, including the EU and the U.S., as a viable initiative for regional peace, made reference
to Jerusalem by conditioning the
establishment of normal relations in the context of a comprehensive peace, with
Israel's acceptance of an independent Arab/Palestinian state without east Jerusalem as its
capital.
Jerusalem in the Quartet “Roadmap,” April
2003
The U.S.-initiated “Performance-Based
Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict,” drafted
under the auspices of the Quartet - the United States, the
European Union, the United Nations, and Russia - specified steps and time-lines for
reaching a settlement. 41
The first phase, intended to be
completed by May 2003 in the context of “Arab/Palestinian Institution-Building,” required Israel to reopen the Arab/Palestinian Chamber of
Commerce and other closed Palestinian institutions in east
Jerusalem, based on a commitment that
these institutions operate strictly in accordance with prior agreements between the
parties.
By the third phase, projected to be completed by 2005,
the Roadmap envisioned a final
and comprehensive permanent status agreement ending the conflict and ending “the
occupation that began in 1967,” including a “negotiated resolution on the
status of Jerusalem that takes into account the political and religious
concerns of both
sides, and protects the religious interests of Jews, Christians, and Muslims worldwide.”
One may view an element of complementarity in the
terminology regarding Jerusalem used in the 2003 Roadmap (“the political and
religious concerns of both sides”) and that used in a more general expression
in the 1993 Oslo I Accord (“recognize their mutual legitimate and political rights”).
Negotiating
Proposals for the Final Disposition of Jerusalem
With the possibility of resumption of
negotiations between Israel and the Arab/Palestinians and entry into a substantive discussion of Jerusalem the capital of Israel as a
permanent status issue at some stage in the future, various suggestions, some more practical than others, have been proffered
by international and local bodies, international legal scholars and other individuals, aimed at serving as a basis for
such negotiations, all intended to encapsulate the element of religious freedom influence in Jerusalem as well as elements of sovereignty by Israel and/or
administration of the city.
z In 1988, Walid Khalidi
proposed the designation of west Jerusalem as the capital
of Israel and east Jerusalem as the capital
of Palestine. Extraterritorial status and access to the Jewish holy places would be assured,
and a Grand Ecumenical Council formed to represent the three monotheistic faiths (with rotating
chairmanship), to oversee inter-religious harmony.
Reciprocal rights of movement and residence between the two capitals
within agreed-upon limits would be negotiated.42
z In 1992, a “Blueprint
for Jerusalem” was developed by former Jerusalem
Municipal Council member
Moshe Amirav in association with Israeli and Palestinian intellectuals, proposing an enlarged greater Jerusalem with an overall
council comprising 20 municipal units, each under the
sovereignty of their respective side, and a joint metropolitan
council composed of representatives of the two sides and of
the three religions managing the holy places.43
z In 1992, Adnan Abu Odeh proposed “Two Capitals in an Undivided
Jerusalem,”
dividing sovereignty over urban areas outside
the walls of the Old City based on the
demographic nature of the population, with no state having political sovereignty over the walled city, which
would belong to the world and to the three religions, governed by a council
representing the highest religious authorities of each religion.44
z In 1993, Hanna Siniora, editor-in-chief of Al-Fajr, proposed that based on the 1947 Partition Plan divisions, all the institutions of both peoples could be located in the Greater Jerusalem area. West Jerusalem would have the Knesset, the seat of the Israeli government and all other Israeli government institutions, and in east Jerusalem would be the Palestinian National Council, the seat of the Palestinian government, and all other Palestinian government institutions. The plan calls for mutual agreement between the two countries to suspend the issue of sovereignty over the entire area of Greater Jerusalem or the Metropolitan Council of Jerusalem.45
z The 1994 IPCRI Plan (from the Israel/Palestine Center for Research and Information) proposed a geographically undivided city politically divided into two capitals, with two sovereignties, two municipal administrations, coordination of administration of each side's neighborhoods, and joint administration of the Old City, joint planning forums, and joint coordination between the two mayors.46
z In 1993, Hanna Siniora, editor-in-chief of Al-Fajr, proposed that based on the 1947 Partition Plan divisions, all the institutions of both peoples could be located in the Greater Jerusalem area. West Jerusalem would have the Knesset, the seat of the Israeli government and all other Israeli government institutions, and in east Jerusalem would be the Palestinian National Council, the seat of the Palestinian government, and all other Palestinian government institutions. The plan calls for mutual agreement between the two countries to suspend the issue of sovereignty over the entire area of Greater Jerusalem or the Metropolitan Council of Jerusalem.45
z The 1994 IPCRI Plan (from the Israel/Palestine Center for Research and Information) proposed a geographically undivided city politically divided into two capitals, with two sovereignties, two municipal administrations, coordination of administration of each side's neighborhoods, and joint administration of the Old City, joint planning forums, and joint coordination between the two mayors.46
z The
1995 Beilin-Abu Mazen Plan47
was developed through a secret Stockholm channel on permanent status run by
Israeli Deputy Foreign Minister Yossi Beilin and Arafat's
deputy, Mahmoud Abbas (Abu Mazen). Their joint working paper
proposed a Palestinian capital in Abu Dis, joint administration of an expanded city incorporating Palestinian and Israeli neighborhoods, each serving as the respective national capital, guaranteeing Jerusalem as an open and undivided city with free and unimpeded access for people of all faiths and nationalities without impediment or restriction. The working paper was not ultimately signed by either side and Arafat called it a “basis for further negotiations.”
proposed a Palestinian capital in Abu Dis, joint administration of an expanded city incorporating Palestinian and Israeli neighborhoods, each serving as the respective national capital, guaranteeing Jerusalem as an open and undivided city with free and unimpeded access for people of all faiths and nationalities without impediment or restriction. The working paper was not ultimately signed by either side and Arafat called it a “basis for further negotiations.”
The ultimate sovereignty of the area outside the
respective capitals of the two
states would be determined by the parties in subsequent negotiations.
A Palestinian flag - not a Jordanian flag - would fly in the area of the Temple Mount.
A Palestinian flag - not a Jordanian flag - would fly in the area of the Temple Mount.
z A 1999 EU Note-Verbale to the Israel Foreign Ministry stated:
“The European Union reaffirms its known
position concerning the specific status of Jerusalem as a corpus separatum.”48
z In the February 15, 2000, “Basic Agreement between the Holy See
and the PLO,” the preamble calls:
...for a special statute for
Jerusalem, internationally guaranteed, which should safeguard
the following:
a. Freedom of religion
and conscience for all
b. The equality before
the law of the three monotheistic religions and their institutions and followers in
the city
c. The
proper identity and sacred character of the city and its universally
significant religious and cultural heritage
significant religious and cultural heritage
d. The holy places, the freedom
of access to them and of worship in them
e. The regime of “Status Quo” in those holy places
where it applies. 49
z In
May 2000, Gershon
Baskin, co-director of IPCRI, offered a proposal based on the principle of “scattered
sovereignty”:
1. Essential “non-negotiables”:
a. Israeli sovereignty
over the Western Wall of the Temple and the entrance to the
Western Wall compound
b. Israeli sovereignty
over the Jewish Quarter of the Old City
c. Israeli sovereignty
over the Israeli neighborhoods of east Jerusalem that were
constructed after 1967 (such as Ramot, Ramat Eshkol, French
Hill, East Talpiot, Gilo, etc.)
d. Security
arrangements and mechanisms guaranteeing the security of Israelis in all parts
of the city
e. A guarantee that
the city will remain open; in other words, free, unrestricted
movement for all in all parts of the city
f. Limitations on Palestinian building and
digging on the Temple Mount
2. The boundaries of
Palestinian east Jerusalem will be the boundaries of June
4, 1967, based UN Resolution 242.
3. Jerusalem will
remain open, united and undivided, with no physical boundaries in east
or west Jerusalem, and freedom of movement for all throughout the
entire city.
4. As sovereign power
in east Jerusalem, the Palestinians will agree to relinquish their
sovereignty over the Western Wall and the entrance to the Western Wall,
the Jewish Quarter of the Old City and the Israeli neighborhoods in
east Jerusalem.
5. The
Temple Mount (Haram al Sharif) will continue to be under the control of the Muslim Waqf,
which will not build any buildings on the Mount or engage in any
digging under the mount, unless mutually agreed to with Israel.
6. The
area directly above the Western Wall will be a “no congregation” area in
order to meet Israeli demands for security against stoning the Western Wall compound.
7. A council of elected
representatives from all four quarters will manage the Old City which
will be a tax-free zone.
8. Both sides will
legislate a “Basic Law” that promises freedom of access and movement to the
holy places and sites, freedom of worship and the protection of holy
places and sites.50
z “Clinton Parameters,” December 23, 2000:
1.
Palestinian sovereignty over the Haram, and Israeli sovereignty over
a)
the Western Wall and the space sacred to Judaism of which it is a part;
b) the Western Wall and the Holy of Holies of which it is a part.
There will be a firm commitment by both not to excavate beneath the Haram or behind the Wall.
b) the Western Wall and the Holy of Holies of which it is a part.
There will be a firm commitment by both not to excavate beneath the Haram or behind the Wall.
2. Or - Palestinian
sovereignty over the Haram and Israeli sovereignty over the Western Wall
and shared functional sovereignty over the issue of excavation
under the Haram and behind the Wall such that mutual consent would
be requested before any excavation can take place. 51
Clinton later summarized his Jerusalem proposal before
the Israel Policy Forum on January 7, 2001, as follows:
First, Jerusalem shall be an open and undivided city,
with assured freedom
of access and worship for all. It should encompass the internationally
recognized capitals of two states, Israel and Palestine.
Second, what is Arab should be Palestinian, for why would Israel want to govern, in perpetuity, the lives of hundreds and thousands of Palestinians? Third, what is Jewish should be Israeli. That would give rise to a Jewish Jerusalem larger and more vibrant than any in history.52
Second, what is Arab should be Palestinian, for why would Israel want to govern, in perpetuity, the lives of hundreds and thousands of Palestinians? Third, what is Jewish should be Israeli. That would give rise to a Jewish Jerusalem larger and more vibrant than any in history.52
z Munk Centre of the University of
Toronto, in coordination with the Canadian Department of Foreign Affairs, December 2005
• Establishment of an
interim special regime within the framework of a two-state solution for Israel and
Palestine, with Yerushalayim and al-Quds
as their capitals.
PAGE • 22
• Appointment of an
internationally respected individual possibly nominated by the Quartet and
agreed-to by the parties as administrator with executive powers.
• A governing council, composed of Israelis, Palestinians, and
possibly outside representatives
drawn from countries acceptable to the parties.
• Vesting in the
administrator and council responsibility for security, law enforcement, public services,
infrastructure, residency, property ownership, the legal regime, zoning
and building and other relevant regulations.
• Israeli and
Palestinian authorities’ responsibility for issues affecting their nationals, including health,
education, family law and religious observance.
• Establishment of
a single Old
City police force
composed of internationals, Israelis and Palestinians.
• International
agencies could transfer offices to the Jerusalem area to provide economic stabilization and
encourage political stability.53
z Prof.
John Witbeck’s “Condominium Solution,” 2007
In the context of a two-state solution, Jerusalem could
form an undivided part of both states, constitute the capital of both states and be administered by local district councils, to which as many aspects of
municipal governance as possible would be devolved, and an umbrella municipal
council, which would coordinate only those major matters which can only be
dealt with efficiently at a city-wide level. In the proper terminology of
international law, Jerusalem would be a “condominium” of
Israel and Palestine.
Assigning sovereignty over an undivided city both to Israel and to Palestine should satisfy to the maximum degree possible the symbolic and psychological needs of both Israelis and Palestinians.54
Assigning sovereignty over an undivided city both to Israel and to Palestine should satisfy to the maximum degree possible the symbolic and psychological needs of both Israelis and Palestinians.54
z The 2010 Working Group on “The
Historic Basin of Jerusalem: Problems and Possible Solutions,” headed by Prof. Ruth
Lapidoth and Dr. Amnon Ramon,55 recommended
international involvement on the assumption that it would improve chances of reaching agreement in
light of the mistrust between the sides as well as the
cultural-religious importance. Neither side would be required to relinquish sovereignty, thereby
enabling a long-term interim arrangement until the sides build up the mutual trust
needed for achieving a permanent agreement.
Conclusion
Despite
the many proposals for negotiating the Jerusalem issue, any agreed plan for resolving the future status of the Holy City has defied generations of negotiators. On the
Israeli side there has been a paradox in its formal position.
While the Oslo Agreements in September
1993 made Jerusalem one of the subjects for the
permanent status negotiations between Israel and the Palestinians, Prime Minister
Yitzhak Rabin made clear in his final Knesset address in October 1995 that
Jerusalem was to remain united under Israeli sovereignty. But by formalizing past
understandings with the Hashemite Kingdom of Jordan over its role in the
administration of the Muslim holy sites, through instruments like the Washington Declaration, he appeared to be drawing a distinction between sovereignty over Jerusalem, which in his view had to be retained by Israel, and an international
administrative role for the holy sites, which he was prepared to explore with Israel’s
eastern neighbor. Thus, while insisting on Israeli sovereignty over a united Jerusalem, he did not view the issue of Jerusalem as a “zero sum game.”
administration of the Muslim holy sites, through instruments like the Washington Declaration, he appeared to be drawing a distinction between sovereignty over Jerusalem, which in his view had to be retained by Israel, and an international
administrative role for the holy sites, which he was prepared to explore with Israel’s
eastern neighbor. Thus, while insisting on Israeli sovereignty over a united Jerusalem, he did not view the issue of Jerusalem as a “zero sum game.”
However, any such solution for Jerusalem can only be
predicated on a firm political and
legal agreement between the parties establishing genuine, peaceful relations between
them and detailing the respective spheres of joint and/or separate administration,
control, responsibility and cooperation. Such an agreement would have
to be accepted universally throughout the international community. It must, in and of itself, be predicated on absolute acknowledgement of, respect for,
and acceptance by each side of the historic and religious
rights of the other in Jerusalem.
Continued mistrust, attempts to dislodge, undermine or destabilize the other side vis-à-vis its own constituency or the international community, and attempts to delegitimize the integrity or historical rights of the other side would clearly render hopeless any possibility of peacefully governing Jerusalem.
Continued mistrust, attempts to dislodge, undermine or destabilize the other side vis-à-vis its own constituency or the international community, and attempts to delegitimize the integrity or historical rights of the other side would clearly render hopeless any possibility of peacefully governing Jerusalem.
About the Author
Amb. Alan Baker, Director of the Institute for
Contemporary Affairs at the Jerusalem Center for Public Affairs, is former Legal
Adviser to Israel's Foreign Ministry and former Ambassador of
Israel to Canada.
Notes
1 WAFA, Aug. 21, 2012, and Al-Hayat Al-Jadida, Aug. 22, 2012, http://palwatch.org/main.
aspx?fi=157&doc_id=7284#.UFRBTszjWGw.mailto
2 “Views of the Israel
Public on Israeli Security and Resolution of the Arab-Israeli Conflict,” Dahaf
Institute
Survey 3114, December 2012, http://jcpa.org/article/dahaf-survey-18-december-
2012
3 Gil Hoffman, “6 in 10
Palestinians Reject 2-State Solution, Survey Finds,” Jerusalem Post, July 15,
2011,
http://www.jpost.com/DiplomacyAndPolitics/Article.aspx?id=229493.
4 For the complete text of
the speech see Weizmann Papers, vol.
II, Paper 98, pp. 700-702. See
also Jacques Paul Gauthier, “Sovereignty over the Old City
of Jerusalem,” 2007, p. 600; Martin
Gilbert, “Jerusalem: A Microcosm of Jewish Rights,” Israel at 60: Confronting
the Rising Challenge
to its Historical and
Legal Rights (Jerusalem Center for Public Affairs,
2009). See also Dore Gold,
“Defending Israel’s Legal Rights to Jerusalem,” Israel’s Rights as a
Nation-State in International
Diplomacy (Jerusalem Center for Public A airs, 2011), p. 91.
5 9 Encyclopedia Britannica 824 (1969).
6 http://www.time.com/time/magazine/article/0,9171,999674,00.html.
See also http://www.
mostmerciful.com/night-journey-of-prophet-muhammad.htm,
and http://islam.about.
com/od/jerusalem/a/quds.htm.
See also Zvi Verblovsky “The Meaning of Jerusalem to Jews,
Christians and Moslems,” Jerusalem, 1988.
7 Constantine Rackausas, The Internationalization
of Jerusalem (Washington: Catholic
Association for International Peace, 1957), p. 9, quoted
also in Jacques Paul Gauthier,
“Sovereignty over the Old City of Jerusalem,” 2007, p. 315.
8 Gauthier, ibid., pp. 302-305.
9 M. Cherif Bassiouni, Documents of the
Arab-Israeli Con ict (New York, 2005), vol. 1,
p. 20.
10 Articles 13 and 14 of the Mandate, see
http://www.mfa.gov.il/MFA/Peace+Process/
Guide+to+the+Peace+Process/The+Mandate+for+Palestine.htm.
Due to objections from
the
religious communities, attempts by Britain to establish the special commission
were
abandoned in October 1922. See Gauthier, p. 426.
11 A/Res 181(II) of 29 November
1947.
12 Ibid., Part IA3 of the
resolution.
13 See statement by Moshe
Sharett of February 27, 1948, to the UN Security Council, Gauthier,
p. 581. See also discussion of Israel’s acceptance of the
partition resolution by Dore Gold, in
“Defending Israel’s Legal Rights to Jerusalem,” Israel’s Rights, op. cit., p. 101.
14 L. Kleter, “The
Sovereignty of Jerusalem in International Law,” 20 Columbia Journal of
Transnational Law 1981, p. 350, cited by Dore Gold, ibid.
15 Statement by the Arab Higher
Committee, November 29, 1947. See GAOR, 2nd Sess., 1947, Ad-
Hoc Committee on the Palestine Question, pp. 5-11. See also
M. Cheriif Bassiouni, op. cit., p.
101.
See also the Arab formal declaration on their intention to invade Palestine at
http://www.
mfa.gov.il/MFA/Foreign+Relations/Israels+Foreign+Relations+since+1947/1947-1974/5+Arab
+League+declaration+on+the+invasion+of+Pales.htm
16 Shlomo Avineri, “Self-Determination
and Israel’s Declaration of Independence,” in Israel’s Rights
as a Nation-State in International
Diplomacy, p. 39, http://jcpa.org/article/rights-of-israel-as-
the-nation-state-of-the-jewish-people/
17 Resolution 185 (S-2) of April 26, 1948,
considered “that the maintenance of order and
security
in Jerusalem is an urgent question which concerns the United Nations as a whole”
and
called upon the UN Trusteeship Council to study measures for the protection of
the city and its inhabitants. Resolution 186 (S-2) of May 14, 1948,
empowered the appointment of a UN Mediator to promote peaceful adjustment of the future situation of
Palestine, including assuring the protection of the holy and religious buildings and sites.
Resolution 187 (S-2) of May 6, 1948, appointed a Special Municipal
Commissioner for the administration of Jerusalem. Resolution 194 (III) of December 11,
1948, concerning a report of the UN mediator and establishing a conciliation commission, resolved in its
seventh and eighth paragraphs that Jerusalem and its environs “should be accorded
special and separate treatment from the rest of Palestine, and should be placed under effective United Nations control.”
It went on to instruct the Conciliation Commission to prepare “detailed proposals for a permanent
international regime for the Jerusalem area which will provide for the maximum local autonomy
for distinctive groups consistent with the special international status of
the Jerusalem area.” The UN Conciliation Commission proposal dated
September 1, 1949, called for a functional international regime, with two municipalities - one for
each side, and a UN Commissioner to govern the holy places.
18 GAOR, 3rd Sess., part 2, 1949, Ad Hoc Political Committee, 45th meeting, May 5, 1949 (A/818), pp. 230-236, reproduced in Ruth Lapidoth and Moshe Hirsch, eds., The Jerusalem Question and its Resolution: Selected Documents (1994), pp. 43-48. 19 Knesset Records, vol. 4 (2nd Sess.), pp. 81-2.
20 N. Bentwich, “Israel Resurgent,” pp. 186-7, reproduced in Gauthier, op. cit., p. 634.
21 DraŌ Resoluon Concerning an Internaonal Regime for the Holy Places, Proposed by Sweden, A/ AC.38/L63, December 5, 1950, see hp://www.mfa.gov.il/MFA/Foreign+Relaons/Israels+Foreign +Relaons+since+1947/1947-1974/9+DraŌ+Resoluon+Concerning+an+Internaonal+Reg.htm
22 http://www.mfa.gov.il/MFA/Foreign+Relations/Israels+Foreign+Relations+since+1947/1947-1974/25+Statement+to+the+General+Assembly+by+Foreign+Mi.htm
23 Yehuda Blum, The Juridical Status of Jerusalem (Jerusalem: Leonard Davis Institute, 1974), p. 31.
24 Protection of Holy Places Law, 1967 http://www.mfa.gov.il/MFA/Foreign+Relations/Israels+Forei gn+Relations+since+1947/1947-1974/14+Protection+of+Holy+Places+Law.htm
25 Law and Administration Ordinance (Amendment No. 11) Law, June 27, 1967. Municipal Corporation Ordinance (Amendment) Law, 1967, http://www.mfa.gov.il/MFA/Foreign+Relations/Israels+Foreign+Relations+since+1947/1947-1974/13+Law+and+Administr ation+Ordinance+-Amendment+No.htm
26 See Security Council Resolutions 252 (1968), 267 (1969), 271 (1969), 298 of September 25, 1971, 446 of March 22, 1979, 452 of September 20, 1979, 476 of March 1, 1980, 471 of June 5, 1980, 592 of June 30, 1980, 478 of August 20, 1980, 592 of September 8, 1986, 605 of December 22, 1986, 904 of March 13, 1994, 55/50 of December 1, 2000. See also General Assembly Resolutions 2253 (ES-V) of July 4, 1967, 2254 (ES-V) of July 14, 1967, 2949 of December 8, 1972, 36/120E of December 10, 1981, 37/123C of December 16, 1982, 38/180C of December 19, 1983, 29/146 C of December 14, 1984, 40/168 C of December 16, 1985, 41/162C of December 4, 1986,42/209D of December 11, 1987, 43/54 C of December 6, 1988, 44/40 of December 4, 1989, 45/83C of December 13, 1990, 46/82B of December 16, 1991, 47/63 of December 11, 1992, 49/59 of December 14, 1993, 49/87 of December 16, 1994, 50/22 of December 4, 1995, 51/27 of December 4, 1996, 52/53 of December 9, 1997, 53/37 of December 2, 1998, 54/37 of December 1, 1999.
27 GAOR, 5th Emergency Special Sess., Plenary, 1544th Mtg, June 14, 1967, pp. 9-11.
28 Lapidoth and Hirsch, op. cit., pp. 282-3.
29 http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/Camp+David+Accords.htm
30 William B. Quandt, Camp David: Peacemaking and Polics (Washington: Brookings Instuon,
18 GAOR, 3rd Sess., part 2, 1949, Ad Hoc Political Committee, 45th meeting, May 5, 1949 (A/818), pp. 230-236, reproduced in Ruth Lapidoth and Moshe Hirsch, eds., The Jerusalem Question and its Resolution: Selected Documents (1994), pp. 43-48. 19 Knesset Records, vol. 4 (2nd Sess.), pp. 81-2.
20 N. Bentwich, “Israel Resurgent,” pp. 186-7, reproduced in Gauthier, op. cit., p. 634.
21 DraŌ Resoluon Concerning an Internaonal Regime for the Holy Places, Proposed by Sweden, A/ AC.38/L63, December 5, 1950, see hp://www.mfa.gov.il/MFA/Foreign+Relaons/Israels+Foreign +Relaons+since+1947/1947-1974/9+DraŌ+Resoluon+Concerning+an+Internaonal+Reg.htm
22 http://www.mfa.gov.il/MFA/Foreign+Relations/Israels+Foreign+Relations+since+1947/1947-1974/25+Statement+to+the+General+Assembly+by+Foreign+Mi.htm
23 Yehuda Blum, The Juridical Status of Jerusalem (Jerusalem: Leonard Davis Institute, 1974), p. 31.
24 Protection of Holy Places Law, 1967 http://www.mfa.gov.il/MFA/Foreign+Relations/Israels+Forei gn+Relations+since+1947/1947-1974/14+Protection+of+Holy+Places+Law.htm
25 Law and Administration Ordinance (Amendment No. 11) Law, June 27, 1967. Municipal Corporation Ordinance (Amendment) Law, 1967, http://www.mfa.gov.il/MFA/Foreign+Relations/Israels+Foreign+Relations+since+1947/1947-1974/13+Law+and+Administr ation+Ordinance+-Amendment+No.htm
26 See Security Council Resolutions 252 (1968), 267 (1969), 271 (1969), 298 of September 25, 1971, 446 of March 22, 1979, 452 of September 20, 1979, 476 of March 1, 1980, 471 of June 5, 1980, 592 of June 30, 1980, 478 of August 20, 1980, 592 of September 8, 1986, 605 of December 22, 1986, 904 of March 13, 1994, 55/50 of December 1, 2000. See also General Assembly Resolutions 2253 (ES-V) of July 4, 1967, 2254 (ES-V) of July 14, 1967, 2949 of December 8, 1972, 36/120E of December 10, 1981, 37/123C of December 16, 1982, 38/180C of December 19, 1983, 29/146 C of December 14, 1984, 40/168 C of December 16, 1985, 41/162C of December 4, 1986,42/209D of December 11, 1987, 43/54 C of December 6, 1988, 44/40 of December 4, 1989, 45/83C of December 13, 1990, 46/82B of December 16, 1991, 47/63 of December 11, 1992, 49/59 of December 14, 1993, 49/87 of December 16, 1994, 50/22 of December 4, 1995, 51/27 of December 4, 1996, 52/53 of December 9, 1997, 53/37 of December 2, 1998, 54/37 of December 1, 1999.
27 GAOR, 5th Emergency Special Sess., Plenary, 1544th Mtg, June 14, 1967, pp. 9-11.
28 Lapidoth and Hirsch, op. cit., pp. 282-3.
29 http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/Camp+David+Accords.htm
30 William B. Quandt, Camp David: Peacemaking and Polics (Washington: Brookings Instuon,
1986), pp. 388-396, cited in Jerusalem Perspecves Towards a Polical Selement
(Tel Aviv: New
Outlook/U.S. Instute for Peace, 1993), pp.
20-1.
31 American Foreign Policy: Basic Documents, 1977-1980 (1983), p. 705, cited in Lapdoth and
31 American Foreign Policy: Basic Documents, 1977-1980 (1983), p. 705, cited in Lapdoth and
Hirsch, op. cit., p.
313.
32 http://www.jimmycarterlibrary.gov/documents/campdavid/letters.phtml
32 http://www.jimmycarterlibrary.gov/documents/campdavid/letters.phtml
33 http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/Israel-
PLO+Recognition+-+Exchange+of+Letters+betwe.htm,
see preamble.
34 http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/
Declaration+of+Principles.htm
35 Dore Gold, op. cit., Israel’s Rights, p. 103.
36 http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/The+Washington+
Declaration.htm
37 http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/Israel-
Jordan+Peace+Treaty.htm
38 http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/Agreement+on+G
aza+Strip+and+Jericho+Area.htm
39 http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/THE+ISRAELI-
PALESTINIAN+INTERIM+AGREEMENT+-+Annex+II.htm
40 http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/
Beirut+Declaration+on
+Saudi+Peace+Initiative+-+28-.htm. See also http://www.ynetnews.
com/articles/0,7340,L-3691148,00.html
41 http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/A+Performance-
Based+Roadmap+to+a+Permanent+Two-Sta.htm
42 Walid Khalidi, “Toward
Peace in the Holy Land,” Foreign A airs (Spring
1988): 771-789.
43 Quoted in a UN Report on “The
Status of Jerusalem,” UN Doc. 97-24262 (1997), cited in
Bassiouni, op. cit., p.
1143, quoting an article by Moshe Amirav in the Jerusalem Report, March
12, 1992.
44 Report, ibid., quoting Adnan abu Odeh, Foreign A airs (Spring 1992): 83-8, cited in Bassiouni,
p. 1144.
45 Hanna Siniora, “The Siniora-Amirav Model,” quoted in Jerusalem Perspectives
Toward a Political
Settlement (Tel Aviv: New Outlook/U.S. Institute for Peace, 1993), pp.
30-1.
46 UN Report cited in
Bassiouni, p. 1142, quoting an article by Gershon Baskin, “A Strategic
Analysis for Implementing a Peace Plan in Jerusalem,” JADE News, April 1994, summarizing the
outcome
of a series of roundtable discussions in 1992-94.
47 http://reut-institute.org/en/Publication.aspx?PublicationId=732
48 Cited in Dore Gold, “The
Political Dimension: The Positions of the Principal Parties to the
Jerusalem
Question,” Jerusalem
in International Diplomacy, p. 13, http://jcpa.org/art/jid-
poldim.htm
49 L’Osservatore Romano,
February 16, 2000.
50 Gershon Baskin, “The
Agreement on Jerusalem and its Price,” May 2000, http://www.ipcri.org/
files/solution.htm
51 http://www.peacelobby.org/clinton_parameters.htm
52 http://jcpa.org/art/jid-campdavid.htm
53 MCISD Briefings, December
2005, Michael Bell, Michael J. Molloy, John Bell and Marketa
Evans,
“The Jerusalem Old City Initiative Discussion Document - New Directions for
Deliberation and Dialogue.” See Executive Summary at pp.
ix-x.
54 John V. Whitbeck, “Sharing Jerusalem: The Condominium Solution,” May 3, 2007, http://www. cgnews.org/article.php?id=20780&lan=en&sp=0
55 http://www.jiis.org/.upload/publications/basin.pdf, p. 10.
54 John V. Whitbeck, “Sharing Jerusalem: The Condominium Solution,” May 3, 2007, http://www. cgnews.org/article.php?id=20780&lan=en&sp=0
55 http://www.jiis.org/.upload/publications/basin.pdf, p. 10.
The Jerusalem Center for Public Affairs is a leading
independent research institute specializing in
public diplomacy and foreign policy. Founded in
1976, the Center has produced hundreds of studies
and initiatives by leading experts on a wide range
of strategic topics. Dr. Dore Gold, Israel’s former
ambassador to the UN, has headed the Jerusalem
Center since 2000.
public diplomacy and foreign policy. Founded in
1976, the Center has produced hundreds of studies
and initiatives by leading experts on a wide range
of strategic topics. Dr. Dore Gold, Israel’s former
ambassador to the UN, has headed the Jerusalem
Center since 2000.
Jerusalem Center
Programs:
Defensible Borders Initiative - A major security and
public diplomacy initiative that analyzes current
terror threats and Israel’s corresponding territorial
requirements, particularly in the strategically vital West
Bank, that Israel must maintain to fulfill its existential
security and defense needs. (www.defensible borders.
org)
public diplomacy initiative that analyzes current
terror threats and Israel’s corresponding territorial
requirements, particularly in the strategically vital West
Bank, that Israel must maintain to fulfill its existential
security and defense needs. (www.defensible borders.
org)
Jerusalem
in International Diplomacy -
Dr. Dore Gold analyzes the legal and historic rights
of Israel in Jerusalem and exposes the dangers
of compromise that will unleash a new jihadist
momentum in his book The Fight for Jerusalem:
Radical Islam, the West, and the Future of the Holy City
(Regnery, 2007). Adv. Justus Reid Weiner looks at Illegal
Construction in Jerusalem: A Variation on an Alarming
Global Phenomenon (2003). Researcher Nadav Shragai
assesses the imminent security threats to Israel’s
capital resulting from its potential division, and
offers alternative strategies for managing Jerusalem’s
demographic challenge in his monograph
Jerusalem: The Dangers of Division (2008).
of Israel in Jerusalem and exposes the dangers
of compromise that will unleash a new jihadist
momentum in his book The Fight for Jerusalem:
Radical Islam, the West, and the Future of the Holy City
(Regnery, 2007). Adv. Justus Reid Weiner looks at Illegal
Construction in Jerusalem: A Variation on an Alarming
Global Phenomenon (2003). Researcher Nadav Shragai
assesses the imminent security threats to Israel’s
capital resulting from its potential division, and
offers alternative strategies for managing Jerusalem’s
demographic challenge in his monograph
Jerusalem: The Dangers of Division (2008).
Iran
and the New Threats to the West -
Preparation
of a legal document jointly with
leading Israeli and international scholars and public
personalities on the initiation of legal proceedings
against Iranian President Mahmoud Ahmadinejad
for incitement to commit genocide and participate
in genocide. This program also features major policy
studies by security and academic experts on Iran’s
use of terror proxies and allies in the regime’s war
against the West and its race for regional supremacy.
leading Israeli and international scholars and public
personalities on the initiation of legal proceedings
against Iranian President Mahmoud Ahmadinejad
for incitement to commit genocide and participate
in genocide. This program also features major policy
studies by security and academic experts on Iran’s
use of terror proxies and allies in the regime’s war
against the West and its race for regional supremacy.
Institute
for Contemporary A airs (ICA) -
A diplomacy program, founded in 2002 jointly with
the Wechsler Family Foundation, that presents
Israel’s case on current issues through high-level briefings by government and military leaders to the foreign diplomatic corps and foreign press, as well as production and dissemination of information materials. Anti-Semitism After the Holocaust - Initiated and directed by Dr. Manfred Gerstenfeld, this program includes conferences, seminars, and publications discussing restitution, the academic boycott, Holocaust denial, and anti-Semitism in the Arab world, European countries, and the post-Soviet states. (www.jewishaffairs.org)
Jerusalem Center Serial Publications:
Jerusalem Viewpoints - providing in-depth analysis of changing events in Israel and the Middle East since 1977. Jerusalem Issue Briefs - insider briefings by top-level Israeli government officials, military experts, and academics, as part of the Center’s Institute for Contemporary Affairs. Daily Alert - a daily digest of hyperlinked news and commentary on Israel and the Middle East from the world and Hebrew press. Jewish Political Studies Review - a scholarly journal founded in 1989. Post-Holocaust and Anti-Semitism - a monthly publication examining anti-Semitism after the Holocaust.
Jerusalem Center Websites
www.jcpa.org (English)
www.jcpa.org.il (Hebrew)
www.jcpa-lecape.org (French)
www.jer-zentrum.org (German)
President - Dr. Dore Gold
Director General - Chaya Herskovic
Chairman of the Steering Committee - Prof. Yakir Plessner
Prof. Rela Mintz Geffen
Prof. Arthur I. Eidelman
Zvi R. Marom
Dr. Manfred Gerstenfeld
Prof. Shmuel Sandler
Prof. Efraim Torgovnik
A diplomacy program, founded in 2002 jointly with
the Wechsler Family Foundation, that presents
Israel’s case on current issues through high-level briefings by government and military leaders to the foreign diplomatic corps and foreign press, as well as production and dissemination of information materials. Anti-Semitism After the Holocaust - Initiated and directed by Dr. Manfred Gerstenfeld, this program includes conferences, seminars, and publications discussing restitution, the academic boycott, Holocaust denial, and anti-Semitism in the Arab world, European countries, and the post-Soviet states. (www.jewishaffairs.org)
Jerusalem Center Serial Publications:
Jerusalem Viewpoints - providing in-depth analysis of changing events in Israel and the Middle East since 1977. Jerusalem Issue Briefs - insider briefings by top-level Israeli government officials, military experts, and academics, as part of the Center’s Institute for Contemporary Affairs. Daily Alert - a daily digest of hyperlinked news and commentary on Israel and the Middle East from the world and Hebrew press. Jewish Political Studies Review - a scholarly journal founded in 1989. Post-Holocaust and Anti-Semitism - a monthly publication examining anti-Semitism after the Holocaust.
Jerusalem Center Websites
www.jcpa.org (English)
www.jcpa.org.il (Hebrew)
www.jcpa-lecape.org (French)
www.jer-zentrum.org (German)
President - Dr. Dore Gold
Director General - Chaya Herskovic
Chairman of the Steering Committee - Prof. Yakir Plessner
Prof. Rela Mintz Geffen
Prof. Arthur I. Eidelman
Zvi R. Marom
Dr. Manfred Gerstenfeld
Prof. Shmuel Sandler
Prof. Efraim Torgovnik
English - www.jcpa.org | Hebrew -
www.jcpa.org.il
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