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MENAHEM KAHANA / AFP / GETTY IMAGES Who owns Jerusalem?

Israel claims the holy city as its ‘eternal, undivided capital,’ but that claim is not internationally recognized

October 30, 2014 10:51AM ET by Ehab Zahriyeh (/profiles/z/ehab-zahriyeh.html) - @EhabZ (http://www.twitter.com/EhabZ)

The status of Jerusalem remains one of the most vexed – and volatile – sticking points in efforts to resolve the Israeli-Palestinian conflict. After occupying the eastern part of the city in the war of June 1967, Israel annexed the territory, and its political leaders proclaimed Share Tweet the city Israel's "eternal, undivided capital." But the international community, including the United States, continues to regard East Jerusalem as occupied territory, and to reject Israel’s decision to settle its citizens there. Nor is Israel's claim that Jerusalem is its capital city widely recognized. Most foreign nations, including the U.S., continue to maintain their embassies in Tel Aviv.

Before the creation of the State of Israel, the newly formed United Nations had, in 1947, On Nov. 29, 1947, the U.N. adopted a voted on a partition plan to divide what was proposal establishing Jerusalem, as then British-Mandate Palestine into separate marked by the red line, as "a corpus separatum under a special international Jewish and Arab states. Although that regime." But the war of 1948 left the city partition map put Jerusalem within the divided between Israeli (blue) and boundaries of the envisaged Palestinian Arab Jordanian (beige) control. PASSIA state, it designated Jerusalem and Bethlehem as corpus separatum, under international rule. The special status was decided on the basis of Jerusalem’s religious importance to all three Abrahamic faiths, as home to Al-Aqsa Mosque, Church of Holy Sepulchre, and the Western Wall of the Jewish temple built by Herod. There were also 100,000 Jews living in Jerusalem at the time, and the partition map envisaged an equivalent Arab population in the combined Jerusalem-Bethlehem entity.

The leaders of what became Israel indicated 1/100 Why Is Jer… acceptance of the partition plan, but it was rejected by Arab leaders, who responded to Israel's declaration of independence the following year by going to war. The resulting conflict substantially redrew the map, as Israeli forces fought their way to Jerusalem and cleared much of the Palestinian population out of the coastal plain and the Gallilee. Whereas the original partition had allocated 55 percent of the territory to a Jewish state and 45 percent of it to a Palestinian Arab state, the war of 1948 put Israel in control of 78 percent of the territory. The remaining 22 percent, comprising Gaza and the West Bank (including East Jerusalem), was now controlled by Egypt and Jordan respectively.

Jerusalem remained a divided city, with the holy sites in the eastern part under Jordanian control. The international community continued to regard the city as having a distinct status.

The rough, hand-drawn lines on a map sketched by Israeli and Jordanian commanders in November of 1948, which later became the official 1949 Armistice Line, left parts of Jerusalem as a no-man's-land, outside either Israeli and Jordanian control. Special arrangements were made for Mount Scopus, which lay in the Jordanian controlled zone, but was home to an Israel hospital and the Hebrew University of Jerusalem. The 1949 Armistice Line, also known as the Green Line – or more colloquially as "the 1967 borders" – is often referred to in two-state negotiations between Israel and the Palestinians.

The war of June 1967, however, left Israel in control of the remaining 22 percent – the West Bank, East In November 30, 1948, Moshe Jerusalem and Gaza. Israel then annexed East Dayan, Israeli commander, and Abdullah el-Tell, Jordanian Jerusalem, redefining the municipal boundaries of commander, drew a map which the city to incorporate other West Bank towns and became the 1949 Armistice villages, making it the largest city in the country. Line. Tamar Hayardeni / Wikipedia / Creative Commons

Despite the annexation, however, Palestinians in East Jerusalem were not granted citizenship of Israel in the way that those Palestinians who remained in the country after the 1948 war had been. Instead, East Jerusalem Palestinians were given “permanent resident” status, the same status as non-Jewish foreigners who moved to Israel, according to the Israeli human rights group B’tselem (http://www.btselem.org/jerusalem/legal_status). East Jerusalem Palestinians live under constant fear of their Jerusalem identifications being revoked if they cannot prove their residency. B'tselem says 14,000 have suffered that fate since 1967. Despite the international community – including Israel's staunchest ally, the U.S. – rejecting Israeli settlement in East Jerusalem, 12 Israeli settlement blocs housing more than 190,000 Jewish settlers have been built on occupied land in the city since 1967.

In 1980, Israeli Knesset passed the Jerusalem Law, which states that “Jerusalem, complete and united, is the capital of Israel.” However, United Nations Security Council Resolution 478, adopted by 14 votes to none, with an abstention from the US, declared the law "null and void." No foreign country today has an embassy in Jerusalem. Maps: The occupation of the West Bank Although Congress, in 1995, passed a law requiring Varying layers of Israeli control show stark reality of that the U.S. Embassy be relocated from Tel Aviv to Palestinian life under Jerusalem, it allowed the executive branch the occupation option of, every six months, signing a waiver on (/multimedia/2014/7/west-bank- implementation that law. Since then, every U.S. security.html) president starting with Bill Clinton has, twice a year, waived implementation of that law.

The U.S. State Department’s continued recognition of Jerusalem as corpus serparatum has sparked a legal battle with the parents of 12-year-old Menachem Zivotofsky, a U.S. citizen born in Jerusalem whose birth certificate doesn't place the city in Israel. The U.S. Supreme Court is currently considering arguments about whether the State Department should be required to use "Jerusalem, Israel" on documents issued to U.S. citizens born there. Zivotofsky's birth certificate gives his birthplace simply as "Jerusalem."

The status of Jerusalem has proved to be a major stumbling block in efforts to forge a two- state solution to the Israeli-Palestinian conflict. Failure to reach agreement on the issue was a key reason for the failure of the 2000 U.S.-mediated Camp David negotiations between the Palestinian Liberation Organization and Israel mediated by the U.S.

The PLO demanded Palestinian sovereignty over Jerusalem east of the Green Line. Israel proposed giving the Palestinians custodianship over Muslim and Christian holy sites in East Jerusalem, but not sovereignty. The Israeli side also demanded that large settlement blocs in East Jerusalem would remain part of Israel. Then opposition leader Ariel Sharon rejected even that offer by Israel's government, and took a large security contingent on a walking tour of the Temple Mount — also the precincts of the Islamic holy sites — triggering Palestinian protests that escalated into the Second Intifada.

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10 Comments

Subscribe RSS (http://comments.us1.gigya.com/comments/rss/6311261/ajam/f88d0fd7-94b0-45ad-80da- bc9d8cf89b3e1414680758697) Jackie Rawlings 108 days ago If you start at the beginning when Jebusites was the land of Jerusalem today. Well it was the land of Melchizedek and the Philistines live and yes descendants of Abraham due to the covenant with God. Well Jerusalem belongs to the Palestine people are written in the covenant the Jewish people speak of. Now how did this conflict take place. It was done by Israel leaders who fought for the land and killed Goliath who is a descendant of Ruth. Yes what has happen in time is changes to fit the need using God's name. Look even Christian religions have changed what Jesus said to fit the need of man. What I find while reading is how Christian, Jewish and Islam religions are all connected in blood line from Abraham by his sons Isaac and Ishmael. Yes interesting line of history and it is why so much of Abraham is written in all religions. Stuff seems to be messed up because each new generation decided to make the words benefit only them. Then comes the other mixed up religious groups adding insanity to the mix. Bottom like Jews, Christians and Islam are all related and nothing will change that it is sealed. Now give Israeli people credit they make up the best stories of the bible as if they were the only people God created and the only children of Abraham. That is just what is written and I am sure someone will add or subtract from it.

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Boris Mirvis 259 days ago Jerusalem is the eternal capital of Israel. If you don't like it try to retake it. It is a conquest. I am sure that arabs understand that concept. They conquered many countries. The even conquered Spain in the 14th Century. You can forget about getting Jerusalem back, deal with it..

Reply Share 0 CommentatorNew 310 days ago Israel as the eternal capital of the Jewish people is recognized by the Druze in Israel and by all true Muslims.

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Warren Pollock 311 days ago Very good summary. Thanks Ehab

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Daniel Belteshazzar 328 days ago In 1917 the Balfour Declaration said a Jewish homeland was to be established in Palestine. At this time Jordan, and Israel were both part of Palestine.

In 1918, all the rest of the Middle East 99% was given to the Muslims, with the fall of the Ottoman empire in WWI.

In 1920 the San Remo Resolution made the Balfour Declaration official.

In 1921 the British gave Jordan, which was supposed to be part of Israel, and is three times as big as Israel to the Arabs.

In 1922 the international community, the entire League of Nations unanimously voted to recognize the Jewish homeland between the Jordan River and the Mediterranean Sea. This document "Mandate of Palestine" is still international law today.

In 1925, the United States recognized the validity of the League of nations historic document "Mandate of Palestine" In the little known Anglo-American Treaty, and granted the Jewish people the right by international law to settle between the Jordan River and the Mediterranean Sea.

In 1945 the UN was created and replaced the League of Nations. Article 80 of the UN charter says all international treaties before the UN was created are still valid, which includes the League of Nation Mandate.

In 1947 the UN wanted to take more land away from the Jewish homeland and came up with UN resolution 181. This resolution would has gave the Arabs everything they are currently asking for except that Jerusalem would be an international city. The Jews people desperate for peace signed this document, but the Arabs rejected signing this document because they wanted all of Israel to be Muslim.

In 1948 Israel declared their Independence. At this time the land of Israel was 8.6% Jewish owned, 3.3% owned by Israeli-Arabs, 16.9 was abandoned by Arabs that ran away to make way for the attacking Arab armies, the rest, about 70% was owned by the mandatory power, which Israel inherited.

The Arabs were not able to take all of Israel, but were able to take Judea and Samaria (The West Bank) and the Gaza Strip. This is where the 1949 armistice lines comes from.

Between 1949 and 1967, all of Israel was being regularly hit by rocket fire. These borders became known as Auschwitz borders.

In 1967 the Soviets supplied arms to the Arabs. The armies of Kuwait, Algeria, Saudi Arabia and Iraq fed troops to the Egyptian, Syrian and Jordanian fronts formed along Israels borders as well as a naval blockade.

In a preemptive strike Israel was able to take back the occupied lands of Judea and Samaria, as East Jerusalem, in the Six Day War. The UN was able to get a cease fire with UN resolution 242.

UN 242 is the most important UN resolution for peace in the Israeli-Arab conflict. From the Egypt-Israel treaty of peace, Jordan-Israel peace treaty to the Madrid Peace Conference to the Oslo Accords.

UN Resolution 242 called for Israel to withdraw from “territory”, not “All territory” and that the borders of such a withdrawal were meant to reflect each states right to live in “secure and recognized” boundaries.

In the Egypt-Israel treaty of peace Israel agreed to withdraw from the Sinai Peninsula. Thus Israel is in compliance with UN Resolution 242.

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Nicholas Cobraetti 282 days ago "In 1948 Israel declared their Independence. At this time the land of Israel was 8.6% Jewish owned, 3.3% owned by Israeli-Arabs, 16.9 was abandoned by Arabs that ran away to make way for the attacking Arab armies, the rest, about 70% was owned by the mandatory power, which Israel inherited. "

Nope. In 1948, Israel declared independence (and already had armed militias in Palestinian territory) and was granted approximately 55% of the Mandate, with Palestinian Arabs being granted the rest, including Gaza and the West Bank

"The Arabs were not able to take all of Israel, but were able to take Judea and Samaria (The West Bank) and the Gaza Strip. This is where the 1949 armistice lines comes "

Nope. The armistice lines expanded Israeli territory, not reduced it, and were never meant to be any kind of political demarcation.

"In a preemptive strike Israel was able to take back the occupied lands of Judea and Samaria, as East Jerusalem, in the Six Day War."

Nope. In yet another of Israel's illegal land grabs, Israel was able to steal Judea and Samaria in an illegal annexation condemned by the international community.

Hasbara makes me sad :-(

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Lou Scalzo 329 days ago This article tone is done well, it fails to point out that both the 1967 and 1972 wars were fought because Israel was attacked by the Arabs both times. The 67 war resulted in the takeover of East Jerusalem. Had the Arab governments not attacked Israel, the pre 67 boundaries would not have changed.

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Tar Man 325 days ago and to that point, what precedent would we set if that land was simply handed back to the Arabs? Continue your ethnic cleansing? You will not face repercussions. Arabs made their bed in 47, 67, and 72, and on and on...time to live with their decisions

Reply Share +1 Avi Goldstein 331 days ago

While this article is pretty balanced, its tone is quite unrealistic. Whether or not the "world" recognizes Israel's annexation of Iiberated East Jerusalem, the fact is that it will remain under Israeli sovereignty if there is ever a final resolution of the conflict. One can argue why Israel has a legal right to the entire Jerusalem, but putting legalities aside, Jerusalem is the eternal capital of the Jewish people, and it will remain in the Jewish state. As for Ariel Sharon's visit to the Temple Mount, it was indeed the excuse used by Arafat to start the second intifada, but that violence was pre-planned and simply awaiting a pretext.

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Gardner Bradley 331 days ago With the Foreign Minister of Sweden endorsing a Palestinian State? There need to be restraint for support of a Palestinian Government that support militantcy? Israeli Prime Minister Benjamin Netanyahu has shown restraint against the "Arab Spring"? The Jews has contributed to European Civilization? And I support a Jewish Culture against a terrorist agenda in the Middle East either through Saudi Arabia or Iran.

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