China's Position on the Palestine-Israel Issue
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The-Legal-Status-Of-East-Jerusalem.Pdf
December 2013 Written by: Adv. Yotam Ben-Hillel Cover photo: Bab al-Asbat (The Lion’s Gate) and the Old City of Jerusalem. (Photo by: JC Tordai, 2010) This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of the authors and can under no circumstances be regarded as reflecting the position or the official opinion of the European Union. The Norwegian Refugee Council (NRC) is an independent, international humanitarian non- governmental organisation that provides assistance, protection and durable solutions to refugees and internally displaced persons worldwide. The author wishes to thank Adv. Emily Schaeffer for her insightful comments during the preparation of this study. 2 Table of Contents Table of Contents .......................................................................................................................... 3 1. Introduction ........................................................................................................................... 5 2. Background ............................................................................................................................ 6 3. Israeli Legislation Following the 1967 Occupation ............................................................ 8 3.1 Applying the Israeli law, jurisdiction and administration to East Jerusalem .................... 8 3.2 The Basic Law: Jerusalem, Capital of Israel ................................................................... 10 4. The Status -
Moving the American Embassy in Israel to Jerusalem: Challenges and Opportunities
MOVING THE AMERICAN EMBASSY IN ISRAEL TO JERUSALEM: CHALLENGES AND OPPORTUNITIES HEARING BEFORE THE SUBCOMMITTEE ON NATIONAL SECURITY OF THE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION NOVEMBER 8, 2017 Serial No. 115–44 Printed for the use of the Committee on Oversight and Government Reform ( Available via the World Wide Web: http://www.fdsys.gov http://oversight.house.gov U.S. GOVERNMENT PUBLISHING OFFICE 28–071 PDF WASHINGTON : 2018 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 09:17 Jan 19, 2018 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 H:\28071.TXT APRIL KING-6430 with DISTILLER COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM Trey Gowdy, South Carolina, Chairman John J. Duncan, Jr., Tennessee Elijah E. Cummings, Maryland, Ranking Darrell E. Issa, California Minority Member Jim Jordan, Ohio Carolyn B. Maloney, New York Mark Sanford, South Carolina Eleanor Holmes Norton, District of Columbia Justin Amash, Michigan Wm. Lacy Clay, Missouri Paul A. Gosar, Arizona Stephen F. Lynch, Massachusetts Scott DesJarlais, Tennessee Jim Cooper, Tennessee Trey Gowdy, South Carolina Gerald E. Connolly, Virginia Blake Farenthold, Texas Robin L. Kelly, Illinois Virginia Foxx, North Carolina Brenda L. Lawrence, Michigan Thomas Massie, Kentucky Bonnie Watson Coleman, New Jersey Mark Meadows, North Carolina Stacey E. Plaskett, Virgin Islands Ron DeSantis, Florida Val Butler Demings, Florida Dennis A. Ross, Florida Raja Krishnamoorthi, Illinois Mark Walker, North Carolina Jamie Raskin, Maryland Rod Blum, Iowa Peter Welch, Vermont Jody B. -
The Jerusalem Embassy Act of 1995
Catholic University Law Review Volume 45 Issue 3 Spring 1996 Article 15 1996 The Jerusalem Embassy Act of 1995 Geoffrey R. Watson Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Geoffrey R. Watson, The Jerusalem Embassy Act of 1995, 45 Cath. U. L. Rev. 837 (1996). Available at: https://scholarship.law.edu/lawreview/vol45/iss3/15 This Symposium is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. THE JERUSALEM EMBASSY ACT OF 1995 Geoffrey R. Watson * Congress has voted to move the U.S. Embassy in Israel from Tel Aviv to Jerusalem. On October 24, 1995-the day of the Conference on Jeru- salem here at the Columbus School of Law of The Catholic University of America-Congress passed the Jerusalem Embassy Act of 1995.1 The President took no action on the Act, allowing it to enter into force on November 8, 1995.2 The Act states that a United States Embassy to Israel should be established in Jerusalem by May 31, 1999, and it provides for a fifty percent cut in the State Department's building budget if the Embassy is not opened by that time.' The Act permits the President to waive the budget cut for successive six-month periods if the President determines it is necessary to protect the "national security interests of the United States."' In these pages and elsewhere, several contributors to this symposium have addressed the policy questions raised by the Act.5 I will focus on the Act's interpretation. -
An Examination of Israeli Municipal Policy in East Jerusalem Ardi Imseis
American University International Law Review Volume 15 | Issue 5 Article 2 2000 Facts on the Ground: An Examination of Israeli Municipal Policy in East Jerusalem Ardi Imseis Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation Imseis, Ardi. "Facts on the Ground: An Examination of Israeli Municipal Policy in East Jerusalem." American University International Law Review 15, no. 5 (2000): 1039-1069. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. FACTS ON THE GROUND: AN EXAMINATION OF ISRAELI MUNICIPAL POLICY IN EAST JERUSALEM ARDI IMSEIS* INTRODUCTION ............................................. 1040 I. BACKGROUND ........................................... 1043 A. ISRAELI LAW, INTERNATIONAL LAW AND EAST JERUSALEM SINCE 1967 ................................. 1043 B. ISRAELI MUNICIPAL POLICY IN EAST JERUSALEM ......... 1047 II. FACTS ON THE GROUND: ISRAELI MUNICIPAL ACTIVITY IN EAST JERUSALEM ........................ 1049 A. EXPROPRIATION OF PALESTINIAN LAND .................. 1050 B. THE IMPOSITION OF JEWISH SETTLEMENTS ............... 1052 C. ZONING PALESTINIAN LANDS AS "GREEN AREAS"..... -
Social and Economic Situation of Palestinian Women and Girls (July 2016 – June 2018) Distr
Economic and Social Commission for Western Asia Social and Economic Situation of Palestinian Women and Girls (July 2016 – June 2018) Distr. LIMITED E/ESCWA/ECW/2019/TP.2 9 January 2019 ORIGINAL: ENGLISH Economic and Social Commission for Western Asia (ESCWA) Social and Economic Situation of Palestinian Women and Girls (July 2016 – June 2018) United Nations Beirut, 2019 19-00032 Executive Summary This report reviews the situation of Palestinian women and girls during the period July 2016-June 2018, focusing on political, social, economic and human rights developments. Building upon previously published research of the Economic and Social Commission for Western Asia (ESCWA) on the status of Palestinian women and girls and drawing upon the most recent data available, this report highlights the complex situation of women and girls, revealing both progress and setbacks in the context of the Israeli military occupation of the West Bank, including East Jerusalem and Gaza. The first chapter of the report presents a background of the volatile political setting and its impact on the well-being and rights of women and girls. It lays out the devastating effects of the 11-year Israeli blockade of Gaza on the nearly two million Palestinians who are denied free access to the rest of the occupied Palestinian territory and to the outside world. It also highlights the gendered impacts of occupation-related policies, such as increasing settlement activity, threats of forced eviction and house demolitions, particularly in East Jerusalem and Area C of the West Bank. The chapter also presents major developments in the security and political situation in the occupied Palestinian territory during the reporting period including the United States administration’s recognition – in violation of international law – of Jerusalem as Israel’s capital and the Great March of Return along Israel’s border fence by Palestinian refugees in Gaza demanding their right to return to their land and homes and a lifting of the Israeli blockade. -
East Jerusalem September 16, 2020
Precedent for Annexation – East Jerusalem September 16, 2020 Israel’s annexation of East Jerusalem serves as the historical precedent and template for any further extension of Israeli sovereignty in the West Bank. Following the Declaration of Independence in 1948, Israel extended its sovereignty beyond the borders designated by the U.N. partition resolution and declared Jerusalem its capital. The move was not recognized by any state. After the West Bank occupation in June 1967, Israel extended sovereignty over East Jerusalem through a process that continues to this day, by which Israeli laws and regulations are applied progressively to land Israel occupied militarily. This process contravened international law, and the international community objected, including the United States.1 United Nations Security Council and General Assembly resolutions called on Israel to rescind the annexation.2 Israeli officials countered that they had only implemented a series of administrative measures to restore order, integrating the delivery of service to residents of a unified Jerusalem as the East Jerusalem Municipality was ordered to cease operations.3 Since 1967, Israeli policy has been to enforce its sovereignty by making sure there is a Jewish majority in the city through a mix of de facto and de jure measures, which allows it to continue to maintain it has not annexed the territory. The new municipal boundaries of Jerusalem left out densely populated Palestinian areas that threatened a Jewish majority. Land belonging to villages near Jerusalem was annexed, but the homes of their Palestinian owners were excluded. East Jerusalem Palestinians were registered as “permanent residents,” which restricts their rights and prevents them from voting in Israeli national elections or holding an Israeli passport. -
O Occupied East Jerusalem
Occupied East Jerusalem “De-Palestinization” and Forcible Transfer of Palestinians A situation of systematic breaches of State obligations under the ICCPR JOINT NGO REPORT to the UN Human Rights Committee For the Committee’s Review of the Fourth Periodic Report of ISRAEL Submitted by: The Civic Coalition for Palestinian Rights in Jerusalem (CCPRJ) Contact: Zakaria Odeh, executive director Email: [email protected] Tel: +972 2 2343929 www.civiccoalition-jerusalem.org The Coalition for Jerusalem (CFJ) Contact: Aminah Abdelhaq, coordinator Email: [email protected] Tel: +972 2 6562272 url: www.coalitionforjerusalem.org The Society of St. Yves, Catholic Center for Human Rights (St. Yves) Contact: Dalia Qumsieh, head of advocacy Email: [email protected] Tel: +972 2 6264662 url: www.saintyves.org 1 Content Introduction Paragraph RECOMMENDATIONS A. Constitutional and legal framework within which the Covenant is implemented by Israel in occupied East Jerusalem (Art. 1, 2) Question 4: Application of the Covenant in the Occupied Palestinian Territory (OPT) 4 – 11 Question 5: Equality and non-discrimination in Israeli law, courts; other measures 12 – 22 Recommended Questions to the State party (Art. 1 and 2) B. State of Emergency (Art. 4); derogations from international standards Questions 12, 19: Progress in review of Israel’s state of emergency; derogations 23 – 25 from international standards (complementary issues) Recommended Questions to State party (Article 4) C. Freedom of movement and residence (Art. 12, 2; also 14, 17, 23, 24, 26) Questions 20, 21: Complementary information on Palestinians in East Jerusalem 26 – 34 D. Protection of the Family, Protection of the Child (Art.23, 24, 2; 12, 14, 17, 24, 26) Question 25: Measures taken by the State party to revoke the Citizenship and 35 – 45 Entry Into Israel Law; right to marriage E. -
The Road to Peace Starts in Jerusalem: the "Condominium" Solution
Catholic University Law Review Volume 45 Issue 3 Spring 1996 Article 11 1996 The Road to Peace Starts in Jerusalem: The "Condominium" Solution John V. Whitbeck Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation John V. Whitbeck, The Road to Peace Starts in Jerusalem: The "Condominium" Solution, 45 Cath. U. L. Rev. 781 (1996). Available at: https://scholarship.law.edu/lawreview/vol45/iss3/11 This Symposium is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. THE ROAD TO PEACE STARTS IN JERUSALEM: THE "CONDOMINIUM" SOLUTION John V. Whitbeck* There will never be a durable peace in the Middle East without a settle- ment of the Israeli-Palestinian conflict acceptable both to most Israelis and to most Palestinians. That is a fact. There also will never be a lasting settlement of the Israeli-Palestinian conflict without a solution to the sta- tus of Jerusalem acceptable both to most Israelis and to most Palestini- ans. That also is a fact, one which is increasingly difficult (and dangerous) for anyone to ignore. It is still widely assumed that no such solution exists. This has led Israel to insist that the status of Jerusalem should not even be discussed until all the lesser problems of Israeli-Palestinian relations have been resolved, at which point, perhaps, some previously unimaginable solution may mirac- ulously appear. While, according to the Declaration of Principles,1 per- manent status negotiations are to commence not later than May 4, 1996,2 and Jerusalem is explicitly one of the "remaining issues" to be covered during those negotiations, the Declaration of Principles is ambiguous as to whether "all" of the "remaining issues" are to be discussed at once.3 * John V. -
Israel and the Palestinians: Background Memorandum on U.S
MEMORANDUM February 12, 2020 Subject: Israel and the Palestinians: Background Memorandum on U.S. Peace Plan From: Jim Zanotti, Specialist in Middle Eastern Affairs, [email protected], 7-1441 This memorandum was prepared to enable distribution to more than one congressional office. Issue Overview President Trump released a long-promised “Peace to Prosperity” plan for Israel and the Palestinians on January 28, 2020,1 after obtaining expressions of support from Israeli Prime Minister Binyamin Netanyahu and Netanyahu’s main political rival Benny Gantz. The release and Netanyahu’s announced intention to annex parts of the West Bank might affect a closely-contested Israeli election scheduled for March 2—the third in the past year pitting Netanyahu (who has been indicted on corruption charges) and Gantz against one another (see “Possible Annexation and Israeli Domestic Politics” below).2 The West Bank has been subject to Israeli military administration since its capture from Jordan in the 1967 Arab- Israeli war. Members of Congress have had mixed reactions to the plan,3 which has been widely seen as favoring Israeli positions more than past U.S. efforts on core issues of Israeli-Palestinian dispute.4 For a summary of previous U.S. efforts on peace, see Appendix A. Prospects for holding negotiations seem dim given concerted opposition from Palestinian leaders. President Trump has said that the Palestinians would have four years to satisfy the plan’s conditions for 1 White House, Peace to Prosperity: A Vision to Improve the Lives of the Palestinian and Israeli People, January 2020, available at https://www.whitehouse.gov/wp-content/uploads/2020/01/Peace-to-Prosperity-0120.pdf. -
Jerusalem: Legal & (And) Political Dimensions in a Search for Peace
Case Western Reserve Journal of International Law Volume 12 Issue 1 Article 9 1980 Jerusalem: Legal & (and) Political Dimensions in a Search for Peace Mark I. Gruhin Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Mark I. Gruhin, Jerusalem: Legal & (and) Political Dimensions in a Search for Peace, 12 Case W. Res. J. Int'l L. 169 (1980) Available at: https://scholarlycommons.law.case.edu/jil/vol12/iss1/9 This Note is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Volume 12, Number 1, Winter 1980 Jerusalem: Legal & Political Dimensions in a Search for Peace by Mark I. Gruhin* I. INTRODUCTION ANEW ERA of camaraderie has entered the bitter Arab-Israeli conflict as a result of Anwar Sadat's historic visit to Jerusalem and the Camp David Summit. This change in Egyptian attitude" marks a hopeful start in future negotiations between Israel and her neighboring countries. Israel and Egypt have been able to come to terms on most issues concerning the Sinai, but have not been able to reach any agreement concerning the city of Jerusalem. 2 When the Peace Treaty was being signed in Washington, D.C., both Anwar Sadat and Menachem Begin made conflicting remarks in their speeches regarding Jerusalem. Anwar Sadat called for the return of East Jerusalem and Arab sovereignty while Menachem Begin spoke of the reunification in 1967 of the Old City (East Jerusalem) with the New City (West Jerusalem).3 Jerusalem, a small tract of land situated in the Judean Hills, thirty- five miles from the Mediterranean Sea,4 is a city which. -
UNESCO-Centered Management of International Conflict Over Cultural Property
UNESCO-Centered Management of International Conflict Over Cultural Property By JAMES A. R. NAFZIGER* TRANSNATIONAL legal controls over the protection, use, enjoyment, and transfer of cultural property, particularly art and archaeological material, have developed steadily in recent years.' Despite this develop- ment, controls remain haphazard and dependent upon the rather unfet- tered discretion of sovereigns and intergovernmental and nongovern- mental organizations. The most important of these organizations is the United Nations Educational, Scientific and Cultural Organization (UNESCO), whose role in a lengthy dispute over Israeli excavation in occupied Jerusalem is instructive to artists and lawyers alike. While it is refreshing to read that "the entire world still follows with interest the news of any archaeological discoveries in Jerusalem,"' it is depressing to realize that the political world greets the news of any excavation there with a cynical eye. Action taken in 1974 by UNES- CO, and the reaction to it, serve to confirm both the politicization of * B.A., 1962, M.A., 1969, University of Wisconsin; J.D., 1967, Harvard Uni- versity. Visiting Associate Professor of Law, University of Oregon School of Law. 1. See generally ART LAW: DOMESTIc AND INTERNATIONAL (L Du Boff ed. 1975); Nafziger, Controlling the Northward Flow of Mexican Antiquities, 7 LAWYER OF THE AMERICAS 68 (1975); Nafziger, Regulation by the International Council of Mu- seums: An Example of the Role of Non-governmental Organizations in the Transna- tional Legal Process,2 DENVER J. INT'L L. & Poi. 231 (1972); Comment, The Legal Re- sponse to the Illicit Movement of Cultural Property, 5 L. & POL. INT'L Bus. -
HR 1027 Capital of Israel SPONSOR(S): Moskowitz and Others TIED BILLS: IDEN./SIM
HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HR 1027 Capital of Israel SPONSOR(S): Moskowitz and others TIED BILLS: IDEN./SIM. BILLS: REFERENCE ACTION ANALYST STAFF DIRECTOR or BUDGET/POLICY CHIEF 1) Local, Federal & Veterans Affairs Subcommittee 13 Y, 1 N Miller Miller 2) Government Accountability Committee 22 Y, 0 N Miller Williamson SUMMARY ANALYSIS The city of Jerusalem is located on one of the oldest continuously occupied sites in the world, with a history extending back over 3,000 years. In 1917, Great Britain issued the Balfour Declaration, stating support for a Jewish homeland in Palestine. At the end of World War I, the League of Nations placed Jerusalem and the larger area of Palestine under British control with a mandate to administer the area for the benefit of the residents. After World War II, Great Britain brought the issue of the Palestine mandate before the United Nations (U.N.) and in 1948, the U.N. proposed a partition of Palestine into two separate nations, with Jerusalem to be under international administration. With the declaration of the State of Israel in the partition area set aside for a Jewish nation, war broke out resulting in an armistice that divided Jerusalem between Israeli and Jordanian sections. In the Six Day War of 1967, Israel gained control of the entire city and has administered Jerusalem, including its key holy and historical sites, ever since. In 1950, the State of Israel declared Jerusalem as its national capital. This position has always been opposed by the U.N., which continues to call for Jerusalem to be a separate area under international administration.