Trump's Jerusalem Announcement and Its Impact on U.S. International

Total Page:16

File Type:pdf, Size:1020Kb

Trump's Jerusalem Announcement and Its Impact on U.S. International Trump’s Jerusalem Announcement and Its Impact on U.S. International Standing Photo Credit: Dan Freeman, Unsplash.com Amal Aun President Drumpf announced on Wednesday, December 6 that the internationally disputed city of Jerusalem is the official capital of Israel. In his speech, Drumpf referenced the Jerusalem Embassy Act of 1995 as the domestic legal basis for his announcement. The Act explains that Jerusalem has been recognized by the U.S. Congress and House of Representatives in 1995 as Israel’s capital. With this recognition, he explains, the U.S. Embassy should be moved there. While Drumpf’s announcement is historic due to its authoritative status, it is hardly an anomaly among previous U.S. foreign policy surrounding the Israeli-Palestinian Conflict. Presidents Clinton, Bush, Obama, and others, all recognized Jerusalem as Israel’s capital during their tenures. Since Jerusalem is internationally recognized as a disputed territory, however, all of these policies are in breach of international laws and treaties. This significant breach drastically decreases the United States’ political legitimacy among other states around the world. Shortly after Drumpf’s announcement, Germany issued a statement explaining that Drumpf sees the world “as a fighting arena” and the government accordingly declared its dissociation from future U.S. foreign policy. Similarly, the international community at the United Nations denounced Drumpf’s declaration and explained that it “threatens the peace process in the Middle East.” Drumpf’s announcement, alongside his other foreign policy shifts on climate change and others, have all upset the value and the power of the United States’ input and its previously-guaranteed support. Regarding this issue specifically, the dwindling of international support for Drumpf’s position is significantly connected to the lack of agency Palestinians have over this decision. Drumpf, who represents a supposedly neutral third party, immersed his government in a detrimental decision on behalf of the Palestinians and Israelis involved and caused the latter’s actions to be reactionary rather than foundational. Both Palestinians and Israelis view Jerusalem as one of the most significant issues in their peace negotiations. In declaring Jerusalem as the capital of one state and not the other, Drumpf essentially stole the “self” in self-determination for Palestinians around the world – an internationally recognized human | 1 Trump’s Jerusalem Announcement and Its Impact on U.S. International Standing right for every people. Indeed, in making this declaration, the U.S. did not allow Palestinians to envision a Jerusalem of which they are a part. From a practical perspective, the U.S. declaration surrounding the status of Jerusalem constitutes an adoption of the already-existing apartheid practices in the city. The announcement reaffirms Jerusalem’s “unity” under Israeli jurisdiction while different laws for Jews and non-Jews are implemented in the city. His announcement does not change this reality but adopts a reality that is unlawful and unjust, one which might explain previous U.S. Presidents’ hesitation in making such a claim. Specifically, non-Jewish Jerusalemites do not have Israeli citizenship and face a constant governmental threat of the revocation of their permanent residencies. Accordingly, they are not allowed to vote in national elections or run for the position of mayor in their own city. And, if they choose to marry another Palestinian from the West Bank or the Gaza Strip, they are not permitted to extend their permanent residency status to their children, thus limiting their freedom to forming a family and their children’s right to citizenship. These practices, among many others, have been categorized as elements of an apartheid regime by the international community. In conclusion, President Drumpf’s declaration regarding Jerusalem is dangerous for three main reasons. First, it threatens America’s political standing among the international community as Drumpf makes arbitrary decisions that breach international laws and commitments. It also denies the Palestinian right to self-determination. Finally, the recent U.S. declaration indirectly associates the U.S. government with unlawful and oppressive practices committed in Jerusalem — and directly so by building the U.S. Embassy on private land belonging to displaced Palestinian refugees. Ultimately, using his authoritative powers, Drumpf hinders the progress of possible just solutions for both Palestinians and Israelis and damages America’s international reputation (in the process). Amal Aun Amal Aun is a Palestinian Fulbright scholar from Israel. She is a second-year MPA candidate | 2 Trump’s Jerusalem Announcement and Its Impact on U.S. International Standing at the Cornell Institute for Public Affairs focusing on human rights and social justice in the Middle East. Amal obtained her bachelor's degree from Haifa University in English Language and Land of Israel Studies. Her recent work focuses on the cultural rights of indigenous ethnic and religious minorities in Israel. View all posts | 3.
Recommended publications
  • 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
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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".....
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • Reflections on the Future of Jerusalem*
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by The Catholic University of America Columbus School of Law Catholic University Law Review Volume 45 Issue 3 Spring 1996 Article 5 1996 Reflections on the uturF e of Jerusalem Samuel W. Lewis Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Samuel W. Lewis, Reflections on the uturF e of Jerusalem, 45 Cath. U. L. Rev. 695 (1996). Available at: https://scholarship.law.edu/lawreview/vol45/iss3/5 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]. REFLECTIONS ON THE FUTURE OF JERUSALEM* Samuel W. Lewis** The devilishly complex problem of Jerusalem incorporates a witches' brew of history, legal theories, clashing religious beliefs, diplomatic lega- cies of bloodshed, and colonial rule. The term, "City of Peace," often applied so hopefully to this unique place, all too often throughout history has been a bitter mockery of reality. Yet, that phrase correctly identifies Jerusalem as the necessary keystone for any truly lasting, comprehensive peace between Arabs and Jews. I am not a lawyer. I acquired a good deal of my knowledge of interna- tional law through "on-the-job training" during my eight years as United States Ambassador to Israel. That experience confirmed the truth of Pro- fessor Ruth Lapidoth's observation that "basically, the Jerusalem ques- tion is of a political nature, and I ...doubt how much law can contribute to the solution."1 Indeed, if diplomats and politicians could only place the word, "sovereignty," in a deep freeze somewhere for several decades, a workable and politically acceptable arrangement for the Holy City would become infinitely more achievable.
    [Show full text]
  • 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.
    [Show full text]
  • U.S. Policy on Israel Held Hostage by Threats and Outdated Arguments
    Prof. Kontorovich Jerusalem Embassy testimony U.S. Policy on Israel Held Hostage by Threats and Outdated Arguments Prepared written testimony of: Prof. Eugene Kontorovich Northwestern University School of Law; Kohelet Policy Forum U.S. House of Representatives Committee on Oversight & Government Reform, National Security Subcommittee hearing: “Moving the American Embassy to Jerusalem: Challenges and Opportunities” November 8, 2017 1 Prof. Kontorovich Jerusalem Embassy testimony Chairman DeSantis, Ranking Member Lynch, and honorable members of the Subcommittee, I am honored to be invited to testify before you today about implementing the Jerusalem Embassy Act, which will take full effect on Dec. 2, absent a presidential waiver issued prior to that date. I am a professor at Northwestern University Pritzker School of Law, where I teach constitutional and international law. I am also the head of the international law department at the Kohelet Policy Forum, a Jerusalem think-tank. I have written dozens of scholarly articles on various aspects of U.S. foreign relations law and the Arab-Israeli conflict, which have been published in leading law reviews and peer- reviewed journals. My scholarship has been frequently cited in leading foreign relations cases in federal courts, and I have testified repeatedly before Congress, as well as the European Parliament. I also co-wrote an amicus brief to the Supreme Court in Zivotofsky v. Kerry, the Jerusalem passport case. My testimony today will explain the reasons behind the U.S. embassy’s current location, and explain the structure of the Embassy Act. It will show that the Embassy’s location outside of Jerusalem undermines U.S.
    [Show full text]
  • US Recognition As Israel's Capital and Planned Embassy Move
    CRS INSIGHT Jerusalem: U.S. Recognition as Israel's Capital and Planned Embassy Move December 8, 2017 (IN10838) | Related Author Jim Zanotti | Jim Zanotti, Specialist in Middle Eastern Affairs ([email protected], 7-1441) Via a presidential document that he signed after a speech on December 6, 2017, President Trump proclaimed "that the United States recognizes Jerusalem as the capital of the State of Israel and that the United States Embassy to Israel will be relocated [from Tel Aviv] to Jerusalem as soon as practicable." A December deadline for a presidential decision under the Jerusalem Embassy Act of 1995 (P.L. 104-45) and plans for Vice President Pence to travel to the region apparently precipitated the timing of the President's decision. Despite his proclamation on the planned embassy relocation, the President ultimately did sign a waiver (on national security grounds) in response to the December deadline. So long as the embassy has not officially opened in Jerusalem, the waiver is required every six months under P.L. 104-45 to prevent a 50% limitation on spending from the general "Acquisition and Maintenance of Buildings Abroad" budget. This limitation would otherwise apply in the following fiscal year. In making his decision, President Trump departed from the decades-long U.S. executive branch practice of not recognizing Israeli sovereignty over any part of Jerusalem. The western part of Jerusalem that Israel has controlled since 1948 has served as the seat of its government since shortly after its founding as a state. Israel officially considers Jerusalem (including the eastern part it unilaterally annexed after the 1967 Arab-Israeli war, while also expanding the city's municipal boundaries—see Figure 1) to be its capital.
    [Show full text]
  • U.S. EMBASSY ACT of 1995 HEAVY STONE of JERUSALEM the Day Jerusalem Became Israel’S Capital by Luis B
    U.S. EMBASSY ACT OF 1995 HEAVY STONE OF JERUSALEM The Day Jerusalem Became Israel’s Capital by Luis B. Vega [email protected] www.PostScripts.org for online PDF illustrations in Chart section ‘It will come about in that day that I will make Jerusalem a Heavy Stone for all the peoples; all who lift it will be severely injured. And all the Nations of the Earth will be gathered against it. ’ –Zechariah 12:3 The purpose of this study is to provide a historical backdrop and depict where the Sun and the array of celestial bodies were precisely when the U.S. Federal Government, under the directive of President Trump allowed for the Jerusalem Embassy Congressional Bill 1322 to initiate the full funding of the transfer of the U.S. Embassy from Tel Aviv to Jerusalem. One of the sub-titles of the study is ‘The Day Jerusalem became Israel’s Capital’. However, Jerusalem has been Israel’s capital for at least 3000 years. The current media interpretation of this prophetic milestone is a bit misleading. In one aspect, the U.S. President Trump did not ‘officially’ declare Jerusalem as Israel's capital, it already was and is at least by Israeli supposition. What President Trump did was to affirm and officially recognize that Jerusalem is the capital of Israel as every nation has the sovereignty to designate what city is to be their administrative capital. As a short background to the U.S. Congressional Bill 1322, it was officially named The Jerusalem Embassy Act of 1995. It was introduced by Senator Bob Dole.
    [Show full text]
  • China's Position on the Palestine-Israel Issue
    China’s Position on the Palestine-Israel Issue: A Historical Perspective Abstract The Question of Palestine is the core of Middle East issues and the one of the root factors of peace in the Middle East. From the historical perspective, China’s position on this issue has always been clear, consistent and convergent with the international community, whi- ch is supporting the Palestinian just cause. But there are also some twists and turns between China on the one hand and Palestine and Israel on the other hand. It can be divided into the following periods: Friendly histori- cal relations between China and the Jewish nation; Pro- Arab and Anti-Israel (1949-1979); Keep Balance betwe- en Arab and Israel (1979-2013); Active Participation of Palestine-Israel Issue under Belt & Road Initiative. Although China’s position and recommendations on the Palestine-Israel issue are more easily accepted by both sides, the current Chinese Middle East policy is still trapped in the predicament of “morality” and “interest”. On the one hand, China has to support Arab countries’ just cause, but it is impossible to give up its friendly re- lations with Israel on the other hand. The Belt & Road Initiative will provide a great opportunity for China to actively engage in the hot issues in the Middle East. Keywords: Palestine-Israel Issue; China; BRI; Mid- dle East Yang Chen Dr. Tarih Bölümü Öğretim Üyesi, Türkçe Çalışmaları Merkezi Direktörü, Şangay Üniversitesi. Şangay, Çin. 4 Çin’in Filistin-İsrail Meselesine Bakışı: Tarihsel Perspektif Öz Filistin Sorunu, Ortadoğu meselelerinin özü ve Ortadoğu’da barışın ana vesilelerinden biridir.
    [Show full text]