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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). -
Campaign to Preserve Mamilla Jerusalem Cemetery
PETITION FOR URGENT ACTION ON HUMAN RIGHTS VIOLATIONS BY ISRAEL Campaign to Preserve Mamilla Jerusalem Cemetery www.mamillacampaign.org Copyright 2010 by Campaign to Preserve Mamilla Jerusalem Cemetery www.mammillacampaign.org PETITION FOR URGENT ACTION ON HUMAN RIGHTS VIOLATIONS BY ISRAEL: DESECRATION OF THE MA’MAN ALLAH (MAMILLA) MUSLIM CEMETERY IN THE HOLY CITY OF JERUSALEM TO: 1.The United Nations High Commissioner for Human Rights (Ms. Navi Pillay) 2. The United Nations Special Rapporteur on Freedom of Religion and Belief (Ms. Asma Jahangir) 3. The United Nations Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance (Mr. Githu Muigai) 4. The United Nations Independent Expert in the Field of Cultural Rights (Ms. Farida Shaheed) 5. Director-General of United Nations Educational, Scientific, and Cultural Organization (Ms. Irina Bokova) 6. The Government of Switzerland in its capacity as depository of the Fourth Geneva Conventions INDIVIDUAL PETITIONERS: Sixty individuals whose ancestors are interred in Mamilla (Ma’man Allah) Cemetery, from the Jerusalem families of: 1. Akkari 2. Ansari 3. Dajani 4. Duzdar 5. Hallak 6. Husseini 7. Imam 8. Jaouni 9. Khalidi 10. Koloti 11. Kurd 12. Nusseibeh 13. Salah 14. Sandukah 15. Zain CO- PETITIONERS: 1. Mustafa Abu-Zahra, Mutawalli of Ma’man Allah Cemetery 2. Addameer Prisoner Support and Human Rights Association 3. Al-Mezan Centre for Human Rights 4. Al-Dameer Association for Human Rights 5. Al-Haq 6. Al-Quds Human Rights Clinic 7. Arab Association for Human Rights (HRA) 8. Association for the Defense of the Rights of the Internally Displaced in Israel (ADRID) 9. -
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. -
Palestinian Cultural and Religious Heritage in Jerusalem
PALESTINIAN CULTURAL AND RELIGIOUS HERITAGE IN JERUSALEM Painting by Abed Rahman Abu Arafeh, Damascus Gate (1997) INTRODUCTION October 2020 The Old City of Jerusalem is distinguished from any other historic city for its universal value. It is home to the most sacred religious Contents: shrines in the world, including Al-Aqsa Mosque/Al-Haram Al-Shar- if, Al-Buraq Wall also known as the Western Wall, and the Church Introduction.............................................................. 1 of the Holy Sepulcher. Within its walls, one can find numerous 1. Historical Background........................................... 2 mosques, churches, convents, zawayas1 and mausoleums sacred to 2. Palestinian Culture and Heritage in Jerusalem ..... 3 many believers worldwide. 2.1 Tangible Heritage (Landmarks and Artefacts)......3 2.2 Intangible Heritage (Palestinian Culture and Inscribed on the UNESCO World Heritage List (at the request of the Identity) ............................................................. 6 Hashemite Kingdom of Jordan) since 1981, the Old City of Jerusalem 3. Violations Against Religious and Cultural and its Walls have a unique and valuable historic, religious and Heritage in Jerusalem .......................................... 8 cultural heritage and identity, that was skillfully builtover centuries, and demonstrates the diverse urban and architectural styles 3.1 Israeli Attempts to Erase Palestinian Culture developed over centuries. UNESCO’s 1982 listing of the Old City as from Jerusalem ................................................. -
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. -
The Mughrabi Quarter Digital Archive and the Virtual Illés Relief Initiative
Are you saying there’s an original sin? The Mughrabi True, there is. Deal with it. Quarter Digital – Meron Benvenisti (2013) Archive and the Few spaces are more emblematic of Jerusalem today than the Western Virtual Illés Relief Wall Plaza, yet few people – including Initiative Palestinian and Israeli residents of Jerusalem alike – are aware of the Maryvelma Smith O’Neil destruction of the old Mughrabi Quarter that literally laid the groundwork for its very creation. For the longue durée of almost eight centuries, the Mughrabi Quarter of Jerusalem had been home to Arabs from North Africa, Andalusia, and Palestine. However, within two days after the 1967 War (10–12 June 1967), the historic neighborhood, located in the city’s southeast corner near the western wall of the Noble Sanctuary (al-Haram al-Sharif), was completely wiped off the physical map by the State of Israel – in flagrant violation of Article 53 of the Fourth Geneva Convention, which stipulates: Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.1 Two decades prior to the Mughrabi Quarter demolition, Jerusalem’s designation as a “corpus separatum” had been intended to depoliticize the city through internationalization, under [ 52 ] Mughrabi Quarter & Illés Relief Initiative | Maryvelma Smith O’Neil Figure 1. Vue Générale de la Mosquée d’Omar, Robertson, Beato & Co., 1857. Photo: National Science and Society Picture Library. -
The Judaization of Jerusalem/Al-Quds
Published by Americans for The Link Middle East Understanding, Inc. Volume 51, Issue 4 Link Archives: www.ameu.org September-October 2018 The Judaization of Jerusalem/Al-Quds by Basem L. Ra'ad About This Issue: Basem Ra’ad is a professor emeritus at Al-Quds University in Jerusalem. This is his second feature article for The Link; his first, “Who Are The Ca- naanites’? Why Ask?,” appeared in our December, 2011 issue. John F. Mahoney, Executive Director The Link Page 2 The Judaization of Jerusalem / Al-Quds Board of Directors by Basem L. Ra'ad Jane Adas, President Elizabeth D. Barlow Edward Dillon Henrietta Goelet John Goelet At last year’s Toronto Palestinian Film Festival, I attended a session Richard Hobson, Treasurer entitled “Jerusalem, We Are Here,” described as an interactive tour of 1948 Anne R. Joyce, Vice President West Jerusalem. It was designed by a Canadian-Israeli academic specifically Janet McMahon as a virtual excursion into the Katamon and Baqʿa neighborhoods, inhabited John F. Mahoney, Ex. Director by Christian and Muslim Palestinian families before the Nakba — in Darrel D.Meyers English, the Catastrophe. Brian Mulligan Daniel Norton Little did I anticipate the painful memories this session would bring. Thomas Suárez The tour starts in Katamon at an intersec- James M. Wall tion that led up to the Semiramis Hotel. The hotel was blown up by the Haganah President-Emeritus on the night of 5-6 January 1948, killing 25 Robert L. Norberg civilians, and was followed by other at- National Council tacks intended to vacate non-Jewish citi- Kathleen Christison zens from the western part of the city. -
Policy Strategies of Accommodation Or Domination in Jerusalem: an Historical Perspective Ira D
Document generated on 09/25/2021 1:08 p.m. Journal of Conflict Studies Policy Strategies of Accommodation or Domination in Jerusalem: An Historical Perspective Ira D. Sharkansky Volume 15, Number 1, Spring 1995 URI: https://id.erudit.org/iderudit/jcs15_01art05 See table of contents Publisher(s) The University of New Brunswick ISSN 1198-8614 (print) 1715-5673 (digital) Explore this journal Cite this article Sharkansky, I. D. (1995). Policy Strategies of Accommodation or Domination in Jerusalem:: An Historical Perspective. Journal of Conflict Studies, 15(1), 74–91. All rights reserved © Centre for Conflict Studies, UNB, 1995 This document is protected by copyright law. Use of the services of Érudit (including reproduction) is subject to its terms and conditions, which can be viewed online. https://apropos.erudit.org/en/users/policy-on-use/ This article is disseminated and preserved by Érudit. Érudit is a non-profit inter-university consortium of the Université de Montréal, Université Laval, and the Université du Québec à Montréal. Its mission is to promote and disseminate research. https://www.erudit.org/en/ Policy Strategies of Accommodation or Domination in Jerusalem: An Historical Perspective by Ira Sharkansky Ira Sharkansky is Professor of Political Science and Public Administration at the Hebrew University of Jerusalem. With an age of some 4.000 years, Jerusalem is one of the world's oldest cities. Although there have been numerous changes in regime, prominent issues confronting the present city resemble those of times past, and certain continuities can be found in the policy strategies pursued by those who have governed Jerusalem. This article compares the strategy of the present regime with those apparent in previous periods from the sixth century BC. -
Edward Saïd, Le FAUX Prophète De La Palestine
28 CONTROVER ESS Dossier : post colonialisme & sionisme Edward saïd, le FAUX prophète de la Palestine Justus Weiner Juriste, spécialiste international Nous publions la traduction de cet article (paru des droits humains, chercheur au sous l’égide du Jerusalem Center of Public Affairs) Jerusalem Center for Public Affairs malgré son ancienneté (en date du 16 janvier 2000) et chargé de conférences pour l’éclairage exceptionnel qu’il apporte à la com- préhension des ressorts du post-colonialisme. à l’université hébraïque et à l’université de Tel Aviv. Une enfance mythique à Jérusalem Le professeur Edward Saïd* de l’université Columbia est la voix la plus éminente de la cause palestinienne dans le monde occidental. Saïd, un auteur d’audience internationale, a fait de sa vie une allé- gorie qui incarne un paradis détruit et perdu : il l’utilise comme l’atout maître de ses articles, ouvrages, conférences, interviews et documentaires de télévision. Il a fait de lui-même un véritable article de promotion, le prototype du réfugié palestinien dépossédé qui mérite dit-il des « réparations » pour la maison et l’en- treprise perdues de son père. Saïd a écrit, « Je suis né en novembre 1935, à Talbiya, qui était à l’époque un quar- tier arabe neuf et prospère de Jérusalem. Vers la fin de 1947, quelques mois avant que Talbiya ne tombe entre les mains des forces juives, nous l’avons quitté avec ma famille pour Le Caire. »1 Il écrivait ailleurs : « Je suis né à Jérusalem et j’y ai passé l’essentiel de mes années d’apprentissage jusqu’en 1948, année où ma famille toute entière s’est réfugiée en Egypte. -
ISRAEL Israel Is a Multiparty Parliamentary Democracy with A
ISRAEL Israel is a multiparty parliamentary democracy with a population of approximately 7.7 million, including Israelis living in the occupied territories. Israel has no constitution, although a series of "Basic Laws" enumerate fundamental rights. Certain fundamental laws, orders, and regulations legally depend on the existence of a "State of Emergency," which has been in effect since 1948. The 120-member, unicameral Knesset has the power to dissolve the government and mandate elections. The February 2009 elections for the Knesset were considered free and fair. They resulted in a coalition government led by Prime Minister Benjamin Netanyahu. Israeli security forces reported to civilian authorities. (An annex to this report covers human rights in the occupied territories. This report deals with human rights in Israel and the Israeli-occupied Golan Heights.) Principal human rights problems were institutional, legal, and societal discrimination against Arab citizens, Palestinian residents of the West Bank and the Gaza Strip (see annex), non-Orthodox Jews, and other religious groups; societal discrimination against persons with disabilities; and societal discrimination and domestic violence against women, particularly in Bedouin society. While trafficking in persons for the purpose of prostitution decreased in recent years, trafficking for the purpose of labor remained a serious problem, as did abuse of foreign workers and societal discrimination and incitement against asylum seekers. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom From: a. Arbitrary or Unlawful Deprivation of Life The government or its agents did not commit politically motivated killings. The petitioners withdrew their appeal to the High Court against the closure of the inquiry by the Department for Investigations against Police Officers' (DIPO) into the 2008 beating and subsequent coma and death of Sabri al-Jarjawi, a Bedouin. -
Political Islam in Contested Jerusalem: the Emerging Role of Islamists from Within Israel
Divided Cities/Contested States Working Paper No. 12, 2009 Political Islam in Contested Jerusalem: The Emerging Role of Islamists from within Israel Mick Dumper, Department of Politics, University of Exeter Craig Larkin, Department of Politics, University of Exeter Conflict in Cities and the Contested State: Everyday life and the possibilities for transformation in Belfast, Jerusalem and other divided cities UK Economic and Social Research Council Large Grants Scheme, RES-060-25-0015, 2007-2012. Divided Cities/Contested States Working Paper Series www.conflictincities.org/workingpapers.html Editor: Prof James Anderson Associate Editors: Prof Mick Dumper, Prof Liam O'Dowd and Dr Wendy Pullan Editorial Assistant: Dr Milena Komarova Correspondence to: [email protected]; [email protected] THE SERIES 1. From empires to ethno-national conflicts: A framework for studying ‘divided cities’ in ‘contested states’ – Part 1, J. Anderson, 2008. 2. The politics of heritage and the limitations of international agency in divided cities: The role of UNESCO in Jerusalem’s Old City, M. Dumper and C. Larkin, 2008. 3. Shared space in Belfast and the limits of A Shared Future, M. Komarova, 2008. 4. The multiple borders of Jerusalem: Policy implications for the future of the city, M. Dumper, 2008. 5. New spaces and old in ‘post-conflict’ Belfast, B. Murtagh, 2008 6. Jerusalem’s ‘City of David’: The politicisation of urban heritage, W. Pullan and M. Gwiazda, 2008. 7. Post-conflict reconstruction in Mostar: Cart before the horse, J. Calame and A. Pasic, 2009. 8. Reconstructing and deconstructing Beirut: Space, memory and Lebanese youth, C.