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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 -
Case #2 United States of America (Respondent)
Model International Court of Justice (MICJ) Case #2 United States of America (Respondent) Relocation of the United States Embassy to Jerusalem (Palestine v. United States of America) Arkansas Model United Nations (AMUN) November 20-21, 2020 Teeter 1 Historical Context For years, there has been a consistent struggle between the State of Israel and the State of Palestine led by the Palestine Liberation Organization (PLO). In 2018, United States Secretary of State Mike Pompeo announced that the U.S. embassy located in Tel Aviv would be moving to the city of Jerusalem.1 Palestine, angered by the embassy moving, filed a case with the International Court of Justice (ICJ) in 2018.2 The history of this case, U.S. relations with Israel and Palestine, current events, and why the ICJ should side with the United States will be covered in this research paper. Israel and Palestine have an interesting relationship between war and competition. In 1948, Israel captured the west side of Jerusalem, and the Palestinians captured the east side during the Arab-Israeli War. Israel declared its independence on May 14, 1948. In 1949, the Lausanne Conference took place, and the UN came to the decision for “corpus separatum” which split Jerusalem into a Jewish zone and an Arab zone.3 At this time, the State of Israel decided that Jerusalem was its “eternal capital.”4 “Corpus separatum,” is a Latin term meaning “a city or region which is given a special legal and political status different from its environment, but which falls short of being sovereign, or an independent city-state.”5 1 Office of the President, 82 Recognizing Jerusalem as the Capital of the State of Israel and Relocating the United States Embassy to Israel to Jerusalem § (2017). -
The Palestinian Economy in East Jerusalem, Some Pertinent Aspects of Social Conditions Are Reviewed Below
UNITED N A TIONS CONFERENC E ON T RADE A ND D EVELOPMENT Enduring annexation, isolation and disintegration UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT Enduring annexation, isolation and disintegration New York and Geneva, 2013 Notes The designations employed and the presentation of the material do not imply the expression of any opinion on the part of the United Nations concerning the legal status of any country, territory, city or area, or of authorities or concerning the delimitation of its frontiers or boundaries. ______________________________________________________________________________ Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. ______________________________________________________________________________ Material in this publication may be freely quoted or reprinted, but acknowledgement is requested, together with a copy of the publication containing the quotation or reprint to be sent to the UNCTAD secretariat: Palais des Nations, CH-1211 Geneva 10, Switzerland. ______________________________________________________________________________ The preparation of this report by the UNCTAD secretariat was led by Mr. Raja Khalidi (Division on Globalization and Development Strategies), with research contributions by the Assistance to the Palestinian People Unit and consultant Mr. Ibrahim Shikaki (Al-Quds University, Jerusalem), and statistical advice by Mr. Mustafa Khawaja (Palestinian Central Bureau of Statistics, Ramallah). ______________________________________________________________________________ Cover photo: Copyright 2007, Gugganij. Creative Commons, http://commons.wikimedia.org (accessed 11 March 2013). (Photo taken from the roof terrace of the Austrian Hospice of the Holy Family on Al-Wad Street in the Old City of Jerusalem, looking towards the south. In the foreground is the silver dome of the Armenian Catholic church “Our Lady of the Spasm”. -
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"..... -
Absentee Property Law of 1950 Was Meant to Serve As the Legal Basis to Transfer the Property of Palestinian Refugees Into the Possession of the State of Israel
Absentees against Their Will – Property Expropriation in East Jerusalem under the Absentee Property Law July 2010 Introduction The Absentee Property Law of 1950 was meant to serve as the legal basis to transfer the property of Palestinian refugees into the possession of the State of Israel. The law says that the land and property of Palestinian residents and nationals of Arab countries who, from November 29, 1947 until a declaration that the state of emergency declared in 1948 ended [which has not yet happened] were in one of the Arab countries, or "in any part of the Land of Israel that is outside of the area of Israel," would revert to the possession of the Custodian of Absentee Property, meaning, to the possession of the State.1 Following the annexation of East Jerusalem in 1967, and as a result the application of all of the laws of Israel -- including the Absentee Property Law -- to the annexed area, a problematic situation arose in which the property of almost all the Palestinian residents of the city became, in fact, absentee property, because those residents were at the time to which the law refers citizens of Jordan, then an enemy country, who resided in "a part of the Land of Israel that [was] outside of the area of Israel." To contend with this problematic situation, section 3 of the Law and Administration Ordinance 5730-1970 provides that the law does not apply to residents of East Jerusalem who "on the day of the incidence of the order of application of the law was in the area of its application and was a resident thereof."2 Therefore, only residents who were physically present in East Jerusalem on the day of annexation are not considered absentees. -
Boundaries, Barriers, Walls
1 Boundaries, Barriers, Walls Jerusalem’s unique landscape generates a vibrant interplay between natural and built features where continuity and segmentation align with the complexity and volubility that have characterized most of the city’s history. The softness of its hilly contours and the harmony of the gentle colors stand in contrast with its boundar- ies, which serve to define, separate, and segregate buildings, quarters, people, and nations. The Ottoman city walls (seefigure )2 separate the old from the new; the Barrier Wall (see figure 3), Israelis from Palestinians.1 The former serves as a visual reminder of the past, the latter as a concrete expression of the current political conflict. This chapter seeks to examine and better understand the physical realities of the present: how they reflect the past, and how the ancient material remains stimulate memory, conscious knowledge, and unconscious perception. The his- tory of Jerusalem, as it unfolds in its physical forms and multiple temporalities, brings to the surface periods of flourish and decline, of creation and destruction. TOPOGRAPHY AND GEOGRAPHY The topographical features of Jerusalem’s Old City have remained relatively con- stant since antiquity (see figure ).4 Other than the Central Valley (from the time of the first-century historian Josephus also known as the Tyropoeon Valley), which has been largely leveled and developed, most of the city’s elevations, protrusions, and declivities have maintained their approximate proportions from the time the city was first settled. In contrast, the urban fabric and its boundaries have shifted constantly, adjusting to ever-changing demographic, socioeconomic, and political conditions.2 15 Figure 2. -
Has Israel Annexed East Jerusalem?
HAS ISRAEL ANNEXED EASTJERUSALEM? IanS. Lustick Dr. Lustick hpro$ssor ofpolitical science at the University of Pennsyhania rI-1 he Israel-PLO agreement in Oslo government's repeated and categorical refusal permitted a delay before the parties to consider compromises on the fitture of would begin negotiations over expanded East Jerusalem suggests that he may 1 "permanent-statusissues"- wish to enjoy the benefits of appearing to take including settlements, boundaries, rehgees and the peace process seriously while insuring its Jerusalem. That delay, until the beginning of failure with an unyielding position on the key the third year of the "interim period," ended in issue of Jerusalem. May 1996 when the permanent-status Indeed on no issue has the Netanyahu negotiations were formally begun. Shortly government been more explicit about its afterward Benjamin Netanyahu was elected, opposition to compromise than with respect to replacing Shimon Peres as IsraeFs prime the fitm of expanded East Jmsalem. Its minister and putting those negotiations on official guidelines read as follows: hold. Many wonder whether the tangled dispute over details of Israeli redeployment Jerusalem, the capital of Israel, is one city, hmHebron and provocative Israeli moves in whole and united, and will remain forever East Jerusalem signal the new government's under Israel's soverei gnty....?he government determination to stonewall the pea& p"cess will thwart any artempt to undermine the while expanding settlements and de facto unity of Jerusalem, and will prevent any annexation. action which is counter to Israel's exclusive sovereignty ova the city. From this point of view, the Netanyahu-Likud government is doing to the In a study of the Jerusalem question published Oslo negotiating process what the Begin-Likud shortly before the 1996 election, top Netanyahu government did to the 1979-8 1 autonomy foreign-policy adviser Dore Gold argued that negotiations and what the Shamir-Lhd even if a compromise might be possible, government did the to post-Madrid talks. -
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. -
Isratin: the One-State Solution to the Israeli-Palestinian
Isratin: The One-State Solution to the Israeli-Palestinian Conflict Ken-Ben Chao War in the 20th Century Mr. John Bickel January 6, 2011 An anxious crowd of two hundred and fifty people gathered and waited outside the Tel Aviv Museum on May 14, 1948. Within the next thirty-two minutes, the State of Israel was formally established. After nearly two millennia in exile, the Jewish homeland was reborn. The next day, Egypt, Syria, Lebanon, and Iraq attacked Israel, prompting the 1948 Arab-Israeli War. Within the next sixty years, several other wars would be fought over the Israeli-Palestinian question. Today, the Israeli-Palestinian Conflict, or Arab-Israeli Conflict, remains a critical obstacle to world peace and stability in the Middle East. Though peace talks have been in progress for decades, numerous issues continue to obstruct success in the negotiations. If a viable solution to the Israeli-Palestinian Conflict is not created and implemented, the conflict will continue to plague the region with terrorism and war. Despite many proposed solutions, obstacles such as Jerusalem, the Israeli settlements, and Palestinian terrorism impede significant progress in the peace talks. With the numerous issues regarding the Israeli-Palestinian Conflict, the best solution is a gradual reintegration of Palestinians into the Holy Land, a relaxation of tensions between the various factions, and the beginning of serious negotiations towards an eventual one-state solution. History In order to fully comprehend the Israeli-Palestinian conflict, an understanding of the region’s bloody history must first be attained. The origin of the Israeli-Palestinian Conflict goes as far back as the Biblical era. -
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. -
Understanding the Israeli-Palestinian Conflict
Understanding the Israeli-Palestinian Conflict Global Classroom Workshops made possible by: THE Photo Courtesy of Bill Taylor NORCLIFFE FOUNDATION A Resource Packet for Educators Compiled by Kristin Jensen, Jillian Foote, and Tese Wintz Neighbor And World May 12, 2009 Affairs Council Members HOW TO USE THIS RESOURCE GUIDE Please note: many descriptions were excerpted directly from the websites. Packet published: 5/11/2009; Websites checked: 5/11/2009 Recommended Resources Links that include… Lesson Plans & Charts & Graphs Teacher Resources Audio Video Photos & Slideshows Maps TABLE OF CONTENTS MAPS 1 FACT SHEET 3 TIMELINES OF THE CONFLICT 4 GENERAL RESOURCES ON THE ISRAELI-PALESTINIAN CONFLICT 5 TOPICS OF INTEREST 7 CURRENT ARTICLES/EDITORIALS ON THE ISRAELI-PALESTINIAN CONFLICT 8 (Focus on International Policy and Peace-Making) THE CRISIS IN GAZA 9 RIPPED FROM THE HEADLINES: WEEK OF MAY 4TH 10 RELATED REGIONAL ISSUES 11 PROPOSED SOLUTIONS 13 ONE-STATE SOLUTION 14 TWO-STATE SOLUTION 14 THE OVERLAPPING CONUNDRUM – THE SETTLEMENTS 15 CONFLICT RESOLUTION TEACHER RESOURCES 15 MEDIA LITERACY 17 NEWS SOURCES FROM THE MIDEAST 18 NGOS INVOLVED IN ISRAELI-PALESTINIAN RELATIONS 20 LOCAL ORGANIZATIONS & RESOURCES 22 DOCUMENTARIES & FILMS 24 BOOKS 29 MAPS http://johomaps.com/as/mideast.html & www.cia.gov/library/publications/the-world-factbook/geos/is.html Other excellent sources for maps: From the Jewish Virtual Library - http://www.jewishvirtuallibrary.org/jsource/History/maptoc.html Foundation for Middle East Peace - http://www.fmep.org/maps/ -
A Wall in Jerusalem: Obstacles to Human Rights in the Holy City
A WALL IN JERUSALEM: OBSTACLES TO HUMAN RIGHTS IN THE HOLY CITY Summer 2006 The Israeli Information Center for Human Rights in the Occupied Territories Human Rights Jerusalem, a center for faith and a symbol of hope, presents a sad reality: segregation, discrimination and deprivation of basic human needs are the daily lot of an entire community. Lior Mizrahi, Bau Lior Mizrahi, 2 in the Holy City It is difficult to speak about Jerusalem in an indifferent manner. Discussions about Jerusalem - a holy city for Judaism, Christianity and Islam - are loaded with symbolism, religious sentiment and nationalist rhetoric. To quote Yehuda Amichai, one of Israel's finest poets: The air above Jerusalem is filled with prayers and dreams Like air above cities with heavy industry Hard to breathe From time to time a new shipment of history arrives Nevertheless, Jerusalem is not just a symbol, but also a living city, and the latest shipment of history - Israel's 1967 occupation of East Jerusalem - is not a history of prophets and profound truths. It is a history of dispossession, systematic discrimination and an ongoing assault on the basic rights of the Palestinian residents of the city. It doesn't have to be this way. Instead of exacerbating social divisions, Israeli policy could advance Jerusalem's standing as a vibrant, prosperous and beautiful city of pluralism and tolerance. This publication is intended for those who want Jerusalem to be a city of justice, a city where all its residents can live in safety and dignity. The focus of the publication is the Separation Barrier that Israel is currently constructing around the city, which is a source of great suffering for those who live along its route.