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Btcadg H. Bocala, Diplomatic Relations Between the Holy See and the State of Israel

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Btcadg H. Bocala, Diplomatic Relations Between the Holy See and the State of Israel PONTIFICAL UNIVERSITY OF THE HOLY CROSS FACULTY OF CANON LAW HENRY P. BOCALA Diplomatic Relations between the Holy See and The State of Israel: Policy Basis in the Pontifical Documents (1948-1997) Doctoral Thesis directed by: Prof. Dr. Vicente Prieto ROME 2003 ISBN 88-8333-070-6 btcadg 2 Henry Bocala If I forget you, Jerusalem, may my right hand wither; may my tounge remain stuck to my palate if I do not keep you in mind, if I do not count Jerusalem the greatest of my joys. Psalms 137:5-6 btcadg Diplomatic Relations between the Holy See and The State of Israel (1948-1997) 3 CONTENTS CONTENTS ACKNOWLEDGMENT INTRODUCTION I. OBJECTIVE II. OUTLINE AND STRUCTURE III. RELEVANCE OF THE TOPIC IV. WORKING HYPOTHESIS A. Fundamental Issues B. Attitude of the Holy See towards the State of Israel C. Bilateral Treaties V. SCOPE AND LIMITATIONS A. In Terms of Substance B. In terms of Materials and Time Covered VI. RESEARCH METHODOLOGY CHAPTER 1 HISTORICAL ANTECEDENTS 1.1 THE FIRST CENTURIES 1.2 BYZANTINE PERIOD (313-636) 1.3 MUSLIM ARAB PERIOD (636-1099) 1.4 THE CRUSADES (1099-1291) 1.5 MAMELUKE PERIOD (1291-1516) 1.6 OTTOMAN PERIOD (1517-1917) 1.7 ZIONISM 1.8 BRITISH PERIOD (1917-1948) CHAPTER 2 PIUS XII: PERIOD OF CONSOLIDATION 2.1 THE FIRST MAJOR POLICY STATEMENTS 2.1.1 Historical Context 2.1.2 Encyclical Letter Auspicia Quaedam, 1 May 1948 2.1.3 Encyclical Letter In Multiplicibus Curis, 24 October 1948 2.2 A RENEWED CALL OF THE ROMAN PONTIFF 2.2.1 Historical Context 2.2.2 Encyclical Letter Redemptoris Nostri, 15 April 1949 2.2.3 Apostolic Exhortation Sollemnibus Documentis, 8 November 1949 2.3 RELATIONS BETWEEN THE HOLY SEE AND THE STATE OF ISRAEL 2.3.1 Attitude of the Holy See towards the State of Israel 2.3.2 Fundamental Issues 2.3.3 De Facto and De Jure Relations 2.4 SYNTHESIS CHAPTER 3 PAUL VI: A NEW THRUST 3.1 HISTORICAL CONTEXT 3.1.1 Cycle of Wars and Palestinian Nationalism 3.1.2 The Jerusalem and Palestine Questions in the Context of the Six-Day War 3.1.3 Civil War in Lebanon btcadg 4 Henry Bocala 3.2 POLICY STATEMENTS OF PAUL VI 3.2.1 Allocutions 3.2.2 Apostolic Exhortation Nobis In Animo, 25 March 1974 3.2.3 Other Documents: Discourses, Declarations and Letters 3.3 ATTITUDE OF THE HOLY SEE TOWARDS THE STATE OF ISRAEL 3.3.1 Declaration Nostra Aetate, 28 October 1965: A New Era in Christian-Jewish Relations 3.3.2 A Theological Document 3.3.3 Impact of Nostra Aetate 3.4 FUNDAMENTAL ISSUES 3.4.1 The Palestine Question 3.4.2 The Jerusalem Question 3.4.3 The Fundamental Issues and De Facto Relations 3.5 SYNTHESIS CHAPTER 4 JOHN PAUL II: TOWARDS A POLICY SHIFT 4.1 HISTORICAL CONTEXT 4.1.1 Camp David Accord 4.1.2 The Basic Law of 1980 4.1.3 Israel Invades Lebanon 4.1.4 The Intifada and the Palestine State 4.2 POLICY STATEMENTS OF THE HOLY SEE 4.2.1 John Paul I 4.2.2 John Paul II 4.3 ATTITUDE OF THE HOLY SEE TOWARDS THE STATE OF ISRAEL 4.3.1 Policy Statements of John Paul II 4.3.2 Notes on the Correct Way to Present the Jews and Judaism 4.3.3. Old and New Elements 4.4 THE FUNDAMENTAL ISSUES 4.4.1 The Palestine Question 4.4.2 The Jerusalem Question 4.5 DE FACTO RELATIONS AND THE FUNDAMENTAL ISSUES 4.5.1 The Palestine Question 4.5.2 The Jerusalem Question 4.6 SYNTHESIS CHAPTER 5 BILATERAL TREATIES 5.1 THE FUNDAMENTAL AGREEMENT 5.1.1 Historical Context 5.1.2 The Fundamental Agreement as a Policy Shift 5.2 THE LEGAL PERSONALITY AGREEMENT 5.2.1 Historical Context 5.2.2 A Closer Look at the Legal Personality Agreement 5.3 SYNTHESIS EPILOGUE A. NEGOTIATIONS ON PROPERTY, FISCAL AND ECONOMIC MATTERS btcadg Diplomatic Relations between the Holy See and The State of Israel (1948-1997) 5 B. THE FUNDAMENTAL ISSUES 1. The Jerusalem Question: Multilateral Aspect 2. The Palestine Question CONCLUSIONS PIUS XII: PERIOD OF CONSOLIDATION PAUL VI: A NEW THRUST JOHN PAUL II: TOWARDS A POLICY SHIFT BILATERAL TREATIES ANNEXES 1. ENCICLICAL LETTER IN MULTIPLICIBUS CURIS, 24 OCTOBER 1948 2. ENCICLICAL LETTER REDEMPTORIS NOSTRI, 15 APRIL 1049 3. APOSTOLIIC EXHORTATION SOLEMNIBUS DOCUMENTIS, 8 NOVEMBER 1949 4. DECLARATION NOSTA AETATE, 28 OCTOBER 1965 5. APOSTOLIC EXHORTATION NOBIS IN ANIMO, 25 MARCH 1974 6. APOSTOLIC LETTER REDEMPTIONIS ANNO, 20 APRIL 1984 7. CONVENTIO INTER APOSTOLICAM SEDEM ATQUE ISRAELIS STATUM, 30 DECEMBER 1993 Fundamental Agreement between the Holy See and the State of Israel ADDITIONAL PROTOCOL 8. CONVENTIO INITA INTER APOSTOLICAM SEDEM ATQUE ISRAELIS STATUM. CONVENTIO AD ARTICULUM 3 § 3 EXSEQUENDUM PACTIONIS FUNDAMENTALIS INTER APOSTOLICAM SEDEM ATQUE ISRAELIS STATUM (QUAE ETIAM "DE IURIDICA PERSONA" CONSENSIO APPELLATUR), 10 NOVEMBER 1997. THE ANNEXES (Article 11) 9. BASIC AGREEMENT BETWEEN THE HOLY SEE AND THE PALESTINE LIBERATION ORGANIZATION, 15 FEBRUARY 2000 BIBLIOGRAPHY I. SOURCES Documents of the Second Vatican Council Documents of the Roman Pontiffs (Chronological Order) Other Documents of the Holy See II. AUTHORS A. BOOKS B. JOURNALS III. ARTICLES WITHOUT AUTHORS btcadg 6 Henry Bocala ACKNOWLEDGMENT Many people deserve words of gratitude for having helped me in one way or another to undertake this doctoral dissertation. First of all, I would like to thank sincerely Father David-Maria A. Jaeger, Professor of Canon Law at the Pontifical Athenaeum “Antonianum,” whose expertise on the topic, enriched by his experi- ence as Legal Adviser of the Bilateral Permanent Working Commission in the Holy See's negotiations with Israel, helped me to organize the materials and have a clear focus of study. I would like also to express my gratitude to all those who have helped me last summer during my stay in Israel: Archbishop Pietro Sambi, Apostolic Nuncio to Israel and Apostolic Delegate in Jerusalem, for having granted me an interview, and Mr. Florent Arnaud, Secretary of the Delegation of the Holy See on the Bilateral Permanent Working Commission, for his able coun- sel and for having facilitated valuable materials as well as a list of contact per- sons. I have also gathered useful insights thanks to the interviews with and ma- terials made available by Rabbi David Rosen, formerly a member of the same Bi- lateral Commission representing the State of Israel, and Samuel Hadas, former and first Ambassador of Israel to the Holy See. To establish contacts with them, the help of Counselor Zvi Tal of the Embassy of the State of Israel to the Holy See has been much appreciated. I am also indebted in a special way to the staff of Service International de Documentation Judéo-Chrétienne (SIDIC) in Rome for having given me access to a wealth of materials, the secretariat and library personnel of the Pontifical Athe- naeum “Antonianum,” the Hebrew University of Jerusalem and, needless to say, the Pontifical University of the Holy Cross. Apart from these people and institu- tions, numerous friends both in Israel and in Rome have extended me logistical and moral support, but whose names I regrettably omit to avoid making a long list. The doctoral thesis itself would not have been possible without the able sup- port, guidance and encouragement of my thesis Director, Professor Vicente Prieto, who followed closely every phase of my work from the outset to its finish- ing touches, helping me to proceed with order and scientific rigor. It was under his course on «Church-State Relations» during the first year of licentiate that my choice of research area and topic gradually took flesh. btcadg Diplomatic Relations between the Holy See and The State of Israel (1948-1997) 7 INTRODUCTION In the afternoon of Tuesday, 21 March 2000, Pope John Paul II landed at the Ben Gurion International Airport in Tel Aviv, the second leg of his week-long Jubi- lee pilgrimage to the Holy Land. In his opening address, the Holy Father under- scored the need for lasting peace and justice, not only in Israel, but also in the entire region of the Middle East. He noted the positive developments that had taken place since the pilgrimage of Paul VI to the Holy Land in 1964. Among these stood out the establishment of diplomatic relations between the Holy See and the State of Israel in 1994 — a historical landmark that has sealed decades- long efforts to open a new "era of dialogue on questions of common interest con- cerning religious freedom, relations between Church and State and, more gener- ally, relations between Christians and Jews. On another level, world opinion fol- lows with close attention the peace process which finds all the peoples of the re- gion in the difficult search for a lasting peace with justice for all."1 Highlighting the spiritual nature of his trip, the Holy Father went on to say that his pilgrimage was "a tribute to the three religious traditions which coexist in this land... I pray that my visit will serve to encourage an increase of interreligious dialogue that will lead Jews, Christians and Muslims to seek in their respective beliefs, and in the universal brotherhood...the motivation and the perseverance to work for the peace and justice which the peoples of the Holy Land...yearn so deeply."2 The Church's interest for the Holy Land rests on its uniquely sacred character: Terra est, quam sanctam appellamus, quippe quae terrestra patria fuerit Christi, qui eam circumiit «praedicans Evangelium Regni...»3 Indeed, it was the very theater where the drama of human salvation reached its climax two thousand years ago.
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