Negotiating the Future of : An Introduction – Executive Summary This study attempts to shed light on the issue of Jerusalem, which is the most complex and challenging issue on the road to an agreement between the two sides of the Israeli-Palestinian conflict, whose resolution is vital to the achievement of any agreement. The researchers at the Jerusalem Institute for Policy Research seek to present the Israeli negotiator with a comprehensive overview of negotiations about Jerusalem and the necessary knowledge for future negotiations. The document includes: background material about Jerusalem; an introduction to the negotiations on Jerusalem; possible alternatives to a comprehensive agreement; a broad comparative analysis of the alternatives; alternatives for partial measures; and a review of the issues related to preparation for negotiations as well as suggestions regarding how they should be conducted. For more than two decades the Jerusalem Institute for Policy Research has been studying the geo-political issues related to Jerusalem.

The Jerusalem Institute for Policy Research (formerly the Jerusalem Institute for Studies) is a non-profit institute for policy research. The mission of the institute is to create a data infrastructure for the city, to analyze trends, to examine alternatives, and to make policy recommendations in order to improve the decision- making process and to influence the creation of policy for the benefit of the general public.

The institute's principal areas of research are:  Research about the city of Jerusalem in the following spheres: urban, demographic, social, economic, physical, and geo-political  Research about policy in the spheres of environment and sustainability  Research about policy in the spheres of growth and innovation  Research about Haredi society Negotiating the Future of Jerusalem: An Introduction Executive Summary

Jerusalem Institute for Policy

The Jerusalem Institute for Policy Research Meir Kraus, editor The Hay Elyachar House Israel Kimhi, Lior Lehrs, Kobi Michael, Amnon Ramon, and Yitzhak Reiter 20 Radak St., 9218604 Jerusalem

Tel: 02-5630175 Research Fax: 02-5639814 http://www.jerusaleminstitute.org.il http://www.en.jerusaleminstitute.org.il ‹‡Š—ƒ–‡ƒ‰Œ E-mail: [email protected] 482 Negotiating the Future of Jerusalem: An Introduction Executive Summary

Meir Kraus, editor Israel Kimhi, Lior Lehrs, Kobi Michael, Amnon Ramon, and Yitzhak Reiter

Jerusalem, 2018 Publication no. 482

Negotiating the Future of Jerusalem: An Introduction Executive Summary

Meir Kraus, editor Israel Kimhi, Lior Lehrs, Kobi Michael, Amnon Ramon, and Yitzhak Reiter

Translation from Hebrew: Gilah Kahn-Hoffmann Maps Design: Dafna Shemer, Yair Assaf-Shapira Charts: Yael Shaulski, Yair Assaf-Shapira Print Production: Hamutal Appel Design and Layout: Esti Boehm Proofreading: Caroline Kahlenberg

© 2018, The Jerusalem Institute for Policy Research The Hay Elyachar House 20 Radak St., 9218604 Jerusalem http://www.jerusaleminstitute.org.il http://www.en.jerusaleminstitute.org.il E-mail: [email protected] Table of Contents

Prologue...... 5

Executive Summary...... 7 Purpose of the document...... 7 Basic Assumptions...... 8 Moral Dilemmas on the Path to an Agreement on Jerusalem...... 9 Jerusalem 2018: Background, Data, and Trends...... 10 Jerusalem – Situation Assessment based on a ‘Business as Usual’ Scenario...... 14 Negotiations about Jerusalem: Interests, Urban Spaces, and Main Issues...... 16 Jerusalem in Negotiation, 1993-2014...... 22 Alternatives to a Permanent Status Agreement in Jerusalem...... 27 The Scope of Possibilities for an Arrangement Regarding the ...... 32 A Model for Evaluating the Alternatives...... 34 Evaluating the Alternatives...... 38 Alternatives in the Absence of a Comprehensive Agreement...... 47 Procedural Aspects of the Negotiations...... 49

Epilogue...... 53

The Authors...... 55 List of Maps

Jerusalem 2018...... 12 Urban Spaces in the Context of Negotiations...... 19 Alternative A – Division of Sovereignty...... 29 Alternative B – Division of Sovereignty and Special Regime...... 30 Alternative C – Open City...... 31

List of Charts

Evaluating the Alternatives – Summary...... 40 The Religious-National Identity Dimension...... 41 The Security Dimension...... 42 The Municipal Dimension...... 43 The Economic Dimension...... 44 The Legal Dimension...... 45 Feasibility...... 46

4 5 Prologue

This document is the Executive Summary This study of the negotiations about the of a comprehensive study published in future of Jerusalem is unique among Hebrew entitled Negotiating the Future the work of experts and policy analysts, of Jerusalem: An Introduction. The study since the question of Jerusalem’s attempts to shed light on the issue of political future is inextricably intertwined Jerusalem, which is the most complex with the city's spiritual, historic, and and challenging issue on the road to an national significance, which is rooted agreement between the two sides of the in both our minds and our emotions.The Israeli-Palestinian conflict. The resolution Jewish people sustained its bond with of the Jerusalem issue is vital to the Jerusalem over two thousand years of achievement of any agreement. exile, and expressed its longing for the city through prayer, ritual, and daily life. This document originated when, as The exhilarating return to the of director of The Jerusalem Institute for Jerusalem in 1967 was the realization of Policy Research (2009-2016), I realized a generations-old dream that resonates in that it was our profound responsibility to the depths of our identity. present decision-makers in Israel with the vast and unique knowledge accumulated This study combines an open-mindedness and developed at the Institute about the and professional policy analysis that may possibilities for the future of Jerusalem, lead to an agreement for the future of the in the form of a comprehensive document. city, on the one hand, and the obligation to preserve the particular Jewish spiritual Imbued with this sense of responsibility, value that the city represents for us, on the writers of this document, as the other. At the same time, we had to researchers at the Jerusalem Institute take into consideration the value that for Policy Research, are pleased to Jerusalem symbolizes for hundreds present the Israeli negotiator with a of millions of people belonging to the comprehensive overview of negotiations other monotheistic religions who look to about Jerusalem and the necessary Jerusalem in admiration and prayer. knowledge for future negotiations. This body of work is the result of wide-ranging, This body of work expresses the tension deep, and ongoing study that is based between the biblical verses: "If I forget on the analysis and recommendations of you Jerusalem, let my right hand forget numerous content and policy experts. its cunning" and "Pray for the peace of

4 5 Jerusalem, may those who love you be Shemer and Yair Assaf-Shapira prepared secure." We hope that we have fulfilled the maps and charts, Caroline Kahlenberg this weighty responsibility, and that this proofread the document, and Hamutal document presents decision makers with Appel prepared the document for press. a realistic map of possibilities for an We thank them all for their important agreement, for the benefit of our future in contributions. Jerusalem and in the country as a whole. We hope that our contribution will The team of writers who created this be of help to policy makers who may document comprised Meir Kraus (editor), grapple with the question of the future of Israel Kimhi, Dr. Lior Lehrs, Dr. Kobi Jerusalem. Negotiating the Future of Jerusalem: An Introduction Michael, Dr. Amnon Ramon, and Professor Yitzhak Reiter. During the course of the work we were greatly assisted by dozens Meir Kraus, editor of professionals and policy makers. Dafna February 2018

6 7 Executive Summary

Purpose of the document

Four core issues lie at the heart of the John Kerry with Israeli Prime Minister Israeli-Palestinian conflict: Jerusalem, and the Chairman of the refugees, borders, and security. the Palestinian Authority Mahmoud Abbas This document deals with the issue of in 2013-2014. Jerusalem, which is the most complex The Jerusalem Institute for Policy and challenging issue on the path Research seeks to present the Israeli to any agreement. The resolution of negotiator with an extensive overview the Jerusalem issue is vital to the of negotiations concerning Jerusalem, achievement of any agreement. and to make available the required Israel's position over the years has been knowledge to prepare for future that its capital, Jerusalem, must remain negotiations. This document focuses on undivided under Israeli rule, and that negotiation toward a permanent Israeli- this is non-negotiable. However, in the Palestinian agreement, but also examines Declaration of Principles signed during possibilities for interim measures in the the Oslo process (1993), Israel committed absence of a comprehensive settlement. to discuss the issue of Jerusalem in the The document includes: background framework of the negotiations about material about Jerusalem; an introduction the final status agreement between to the negotiations on Jerusalem; Israel and the Palestinians. In fact, Israel possible alternatives to a comprehensive held discussions about Jerusalem on agreement; a broad comparative analysis two occasions: first, at the Camp David of the alternatives; alternatives for partial summit in 2000 and in subsequent measures; and a review of the issues meetings, and second, in negotiations related to preparation for negotiations as held between then Israeli Prime Minister well as suggestions regarding how they Ehud Olmert and the Chairman of the should be conducted. Palestinian Authority Mahmoud Abbas, in the framework of the Annapolis Process For more than two decades, the Institute in 2007-2008. The issue of Jerusalem has been studying the geo-political issues was also debated in the round of talks related to Jerusalem. This accumulated held by United States Secretary of State knowledge, along with the thinking

6 7 of numerous others – including those included the accumulation of data, represented by unofficial initiatives mapping of issues, study of documents, proposed over the years – laid the analysis of policy, creation of an extensive groundwork for this document. evaluation model and insights gleaned This paper is the result of a deep and from workshops attended by experts. comprehensive thought process, which

Basic Assumptions Negotiating the Future of Jerusalem: An Introduction  The sides to the conflict will hold sides of the conflict, and is perceived inclusive negotiations whose purpose as a ‘protected value’ about which is two states for two peoples. They they find compromise difficult. Any are also interested in discussing the alternative for the city's future will Jerusalem question in order to settle have to address the identity/religious/ all disputed issues. national dimension that the city represents for each side.  For the purposes of this document, the Jerusalem that is being discussed is  Jerusalem is a city with universal the city as defined according to the historic, multi-cultural, multi-faith, and present municipal boundaries. spiritual significance in which many  Jerusalem is composed of various have a stake. Any solution will have to areas which differ in character, take into account the interests of all population composition, political the city's stakeholders. status, and historical and religious  The reality in Jerusalem is fragile value. In the negotiations, differential and volatile. The friction between thinking will be required to match the different populations and the different alternatives to the different tension around the holy sites create areas. a potentially explosive infrastructure  Approximately 870,000 Israelis and that affects the entire region. Palestinians reside in the city and the It is vital to take steps to diffuse settlement that is agreed upon should the tension and reduce the volatile grant them all secure and prosperous potential. lives.  The painful history of the Israeli-  Jerusalem is a historical, national, Palestinian conflict has left its mark cultural, and religious symbol for both on the decision makers and the people

8 9 on both sides. The physical proximity,  The physical and social reality of shared infrastructures, religious and Jerusalem is dynamic. Various options national tensions, and economic that are seen as possibilities today dependence necessitate a great deal will likely not be relevant in the of trust and cooperation between the future, and vice versa. This document sides in any possible agreement for addresses the current situation in the the city. city and the way that it is perceived today.

Moral Dilemmas on the Path to an Agreement on Jerusalem

The path to an agreement on Jerusalem Decisions involving renouncing the is paved with moral dilemmas, which will ambition for exclusivity will lead the sides require difficult decisions to be made. to further dilemmas, such as: What will The sides have opposing religious and better respond to national and religious national aspirations with respect to the yearnings – dividing the city or sharing it? Old City and the Temple Mount, and each Beyond this basic dilemma, the side aspires to exclusive sovereignty

decision makers will have to confront Executive Summary over them. On both sides the prevalent two additional issues: first, the approach is, "What is holy to me must be tension between building walls and under my sovereignty and ownership." reconciliation – between separation and To achieve a stable solution, both sides living together. The hostility and lack will have to renounce their aspirations for of trust between the sides, the sense exclusivity and recognize the existence of of threat, and the need for security, the other, as well as the other's desires, creates a conceptual and psychological attachments, and rights. The need to infrastructure for an agreement based recognize the rights of the other and to on physical division and separation. give up the desire for exclusivity is both At the same time, however, the desire a theological and a moral challenge that to bring prosperity to Jerusalem, to require that each side hold a deep internal realize its spiritual and universal status, discussion about the roots of its identity, and to enhance the quality of life for the most sensitive strands of its national all its residents, creates a conceptual desires and religious aspirations, and and psychological infrastructure for an the value that it attributes to life and to arrangement for a shared city without peace. borders, as befits a multi-faith, multi-

8 9 cultural city. Several of the alternatives for its successful implementation. proposed in this document are based Various alternative arrangements that on a contemporary consciousness of an possibly affect the lives of the Palestinian aspiration for separation, while others are residents detrimentally are likely to set in a future consciousness and propose create a sense of injustice and jeopardize cooperation. the possibility of implementing an arrangement. The residents' sense of The second issue is the question of justice must always be at the forefront justice: The demand for justice is a of the negotiators' consciousness when crucial issue on the path to a solution they discuss the components of the to the conflict. While an agreement Negotiating the Future of Jerusalem: An Introduction arrangements related to quality of life in cannot repair a sense of injustice that the city. was created in the past, the promise of a better and more just future is necessary

Jerusalem 2018: Background, Data, and Trends

Urban Space and Structure In the years since 1967, the Palestinian villages that were annexed have grown Following the Six Day War (June 1967), into large Jerusalem neighborhoods. Most Israel unified Jerusalem and extended its of them have been left on the municipal borders to encompass the eastern part of periphery, while some have expanded the city that had been under Jordanian beyond the city limits. Over time, Israel rule, and large areas around it. The area built large Jewish neighborhoods around of that had been under Jerusalem in the area that was annexed Jordanian rule was six square kilometers to the city beyond the . and included the Old City and the adjacent Palestinian neighborhoods. Israel Since 2002, the building of the Security extended the borders of the entire city by Fence in the Jerusalem area has about 70 square kilometers, and included influenced the physical, social, and in its territory Palestinian villages that economic fabric of life on both sides had never been part of the city. The of the fence in East Jerusalem. While Government of Israel applied Israeli law, most of the fence follows the municipal judiciary and administration to the entire boundaries of Jerusalem, it de facto area of the united city. Today, the area of pushed the Palestinian neighborhoods in Jerusalem is 126 square kilometers. the Kafr 'Aqb area, as well as the Shu'afat refugee camp, beyond the city limits.

10 11 The Israeli and Palestinian neighborhoods 2040, the city's population will reach built in areas that were attached to the 1.4 million, of which the Palestinian city after 1967 are urban units that for the population is expected to comprise 44%. most part are isolated from the center of The Israeli and Palestinian populations the city and from each other. The Jewish live separately, and their distribution neighborhoods are on the west side of the within the urban space facilitates a city, while the Palestinian neighborhoods clear distinction between Israeli and are on the east side. There are two Palestinian neighborhoods. exceptions to this reality: the Jewish neighborhoods of Pisgat Ze'ev and Neve Ya'akov, in the north, are situated to the Metropolitan Jerusalem east of the Palestinian neighborhoods In the past, Jerusalem functioned as a of and Shu'afat. And the service center for all the settlements Palestinian neighborhoods of scattered in the area; however, following (part of which was in Israeli territory the erection of the Security Fence, the before 1967) and Shar'afat are located to remaining metropolitan space functions the north of the neighborhood and mainly as an Israeli space. There are many the west of Homat Shmuel () holy places in metropolitan Jerusalem and and the neighborhood planned at Giv'at there is a need for freedom of movement Hamatos. between Jerusalem and these sites. Executive Summary The road, water, sewage and drainage systems in Jerusalem are planned and operated as joint systems that serve one East Jerusalem: A Social city. The electricity transmission systems Background are separate, but the East Jerusalem The different backgrounds among system has no production capacity and is East Jerusalem’s population and its dependent on the Israeli system. tribal-hamula structure create local community-neighborhood identities that differ from each other. These are more The Population, its Distribution, prevalent and have more influence than and the Demographic Balance the general Jerusalem identity of the At the start of 2016, about 866,000 Palestinian population. While there is a people were living in Jerusalem's urban noticeable lack of city wide leadership, space, 63% Jews and 37% Palestinians. local-neighborhood leadership can be The growth rate among the Palestinian identified, which works to advance the population of the city is steady and living conditions of the residents. consistent. It is anticipated that by

10 11 Negotiating the Future of Jerusalem Jerusalem 2018

Kfar 'Aqb

Giv’at Ze’ev Jaba Bir Nabala Al Jib Ar-Ram Adam

Neve Yaakov

Negotiating the Future of Jerusalem: An Introduction Bidu Beit Hizma Hanina Har Adar Pisgat Beit Surik Ze’ev Beit Iksa Ramot Alon Shu’afat Ramat Shu'afat Anata Shlomo Refugee Camp Mevaseret Ramot Zion Eshkol Issawiya SheikhMt. Scopus Giv’at Jarrah Al-Zaim Shaul City Wadi Joz Beit Center Zayit Beit A-Tur Old City Hakerem El-Azariya Bayit VaGan Ras el-Amud Ein Kerem Kiryat German Even Abu Dis Sappir Hayovel Colony Kiryat Menahem Jebal Ora Mukabar Aminadav Givat East Arb A-Sawahra Mount Salmon Masuah Beit Talpiot Safafa Ramat Sawahra Giv’at Rachel Ha-matos Gilo Sur Bahar Wallaje

Har Homa Battir Har Gilo

Beit Bethlehem Jala Husan

Palestinian Population Jewish Population 1949 Armistice Agreement Line ("The Green Line") Jerusalem Jurisdiction Boundary 0 2 4

Kilometers

12 13 Diverse religious communities reside aspirations. They have many connections in East Jerusalem. Muslims comprise with the Palestinian Authority, while at 96% of East Jerusalem Palestinians. the same time they are dependent on the The Muslims who live in Jerusalem Israeli authorities and the employment see themselves as the protectors of sector in Israel, and are exposed to the Al-Aqsa (Mourabitoun), which they Israeli way of life. Residents of East see as the most significant element of Jerusalem have ‘permanent resident’ their cultural and national identity. The status in Israel, but most do not utilize Christian presence in various communities their right to vote in municipal elections. is prominent in the abundance of The complex, ongoing reality has shaped churches, convents, and monasteries, a unique Jerusalem Palestinian identity. in the scope of pilgrimage tourism, The difficult living conditions in East through educational, health, and welfare Jerusalem, Israeli policy, which is institutions, and in the real estate perceived as discriminatory and sector. At the same time, the number of exclusionist, and the sense of alienation Palestinian Christians living in the city is from and disregard by the Palestinian steadily declining, and they comprise only Authority, strengthen the sense of 4% of all Palestinians in the city. uncertainty, insecurity, and hopelessness About 80% of the Palestinian families in of the residents with respect to their

East Jerusalem live below the poverty future, and create a platform conducive to Executive Summary line. The state of the infrastructure outbreaks of violence. in East Jerusalem is poor, there is a Tension on the Temple Mount, housing shortage, the level of social confrontations between Jews and services is low, and there is only partial Arabs, and general events in the Israeli- law enforcement. The ongoing neglect Palestinian arena are likely to lead leads to deep frustration and feelings of to violent outbursts. Meanwhile, the discrimination and deprivation among the residents of East Jerusalem seek to Palestinian residents of East Jerusalem. continue to be part of the city as a whole, In the neighborhoods that remained are not interested in physical separation beyond the Security Fence, even more from the west side of the city and do not difficult living conditions have developed. want to lose the rights that they currently These neighborhoods have become a possess as residents of the city. focal point for illegal construction, crime, and violence. The residents of East Jerusalem see Sanctity and International Status themselves as part of the Palestinian Jerusalem is sacred to the three people and share the same national monotheistic religions and has a

12 13 multi-cultural, multi-faith and multi- to the Jews; and the Church of the Holy national history. Thus hundreds of Sepulcher which is sacred to the Christian millions of people across the world world. An overview of proprietorship in feel a connection to the city. There is a the city reflects the interests of many very high concentration of holy places, diverse stakeholders. historic sites, and religious institutions in Jerusalem, and they attract numerous The city's universal status creates high pilgrims. At the top of the list is the sensitivity in the international arena with Temple Mount, holy to Jews and Muslims respect to any politically significant move alike; the which is holy of any kind. Negotiating the Future of Jerusalem: An Introduction

Jerusalem – Situation Assessment based on a ‘Business as Usual’ Scenario

The situation assessment for the future  The living conditions in East of Jerusalem is based on the expectation Jerusalem will continue to be difficult. of the continuing development of Various plans for the advancement current trends. Any political initiative of East Jerusalem will not lead to or prominent change in Israeli policy real change, and the current gap will with respect to anything related to East continue to create tension between Jerusalem is likely to lead to a turnaround the populations. in these trends and their implications for the future. The following are the  Israelis and Palestinians will continue key scenario assessments based on a to live in separate neighborhoods, continuation of ‘Business as Usual’: except for in a limited number of areas. Tension is anticipated in areas  The tension surrounding the status of where one community moves into the the Temple Mount and the potentially space where the other community explosive infrastructure in the city and resides. the entire region will not decrease, and is likely to increase. This tension  Israeli sovereignty over Palestinian will affect the relationships between neighborhoods and the Temple Mount Jews and Palestinians, between Jews will continue de facto to be partial. and Israeli Arabs, and between Israel and moderate Arab countries.

14 15  The ratio of Jews to Arabs will possibility of a future agreement for continue to decrease, augmenting the city. the implications of the demographic challenge that looms over Israel's  The Palestinian political struggle for capital city. Jerusalem in international forums will continue, as well as their denial of  The close proximity between Jewish Jewish historic, cultural, and religious and Palestinian neighborhoods and the ties to the city. mixing of the populations in the urban public space will continue to pose a  The international community will challenge to the security forces. Any continue to view East Jerusalem worsening of the security situation is as occupied territory, and the vast likely to lead to physical separation majority will not recognize de jure the between the neighborhoods and to fact that Jerusalem is the capital of limit freedom of movement. Israel, until an agreement is reached between the two sides.  The economic development of the city will be greatly influenced by the  If Israeli development activity intended political-security circumstances. Until to prevent a division of the city is an agreement is reached between the undertaken, such activity is likely to sides, the city will not realize its full be met by harsh international criticism Executive Summary economic potential. and to make it very difficult to achieve an agreement on Jerusalem, not  The Palestinian residents of East to mention to achieve a general Jerusalem will continue to identify agreement. with Palestinian national aspirations. However, it is possible that the cooperation between them and the In sum: a continuation of the current Israeli authorities may improve with situation is likely to create continuous respect to daily needs. erosion of the city's resilience and status as the capital of Israel, from demographic,  There is a possibility that the economic, and international political Palestinian residents will decide to perspectives. participate in municipal elections. Such a move would have far-reaching implications for the conflict and the

14 15 Negotiations about Jerusalem: Interests, Urban Spaces, and Main Issues

Jerusalem Stakeholders and their freedom of worship will be guaranteed Interests to people of all faiths, and in which Jerusalem's character as a holy city will Many entities across the world have an be preserved. The Vatican, as well as interest in what happens in Jerusalem the Greek Orthodox Patriarchate and the and may influence the design of an Armenian Patriarchate, have protected agreement and its implementation. historical and legal status and many rights Negotiating the Future of Jerusalem: An Introduction The moderate Arab states and the and privileges in the holy places and in Organization of Islamic Cooperation many properties in Jerusalem, so they (OIC), which includes 57 Islamic states, may exert influence on the agreements formally support the Palestinian positions pertaining to the Historic Basin and the with respect to the Jerusalem issue. It rest of Jerusalem. Various countries, such views East Jerusalem as the capital of as France, Italy, Spain, Greece, Germany, the Palestinian State and the Temple Russia, , and Egypt support local Mount/Al-Haram Al-Sharif as being under Christian bodies and institutions that have Islamic or Palestinian sovereignty. The historically been under their auspices, Kingdom of Jordan has unique interests and it is possible that they, too, will seek in Jerusalem and on the Temple Mount, involvement in the determination of an and it must be remembered that the agreement and its implementation. peace agreement between Israel and Jordan promises Jordan special status in negotiations about Jerusalem. Additional The Interests of the Sides to the Muslim countries, such as Saudi Arabia, Conflict Egypt, Morocco and Turkey, and Arab and Islamic organizations, have an interest in The Interests of the Palestine everything that pertains to the future of Liberation Organization (PLO) the Temple Mount/Al-Haram Al-Sharif, The Palestine Liberation Organization and it is possible that some of them may (PLO) defined the Palestinian interests in request to be involved in the negotiations an official document in 2009, and they or the implementation of an agreement. comprise: The Christian churches prefer a political  Full sovereignty in East Jerusalem, solution, in which the city will have a including in the Old City (except for special status and in which freedom the Jewish Quarter and the Western of religion, access to holy places and Wall);

16 17  All the Palestinian residents will be with the Palestinians, Israel held certain under Palestinian rule; positions from which one may discern its substantive interests at that time. The  Sovereignty over all the places holy Israeli interests presented here were to Islam and to Christianity and in Al- defined based on an analysis of the Israeli Haram Al-Sharif; positions taken during previous political  Recognition that Jordanian Jerusalem contacts: (according to the 1967 borders) is the  capital of the state of Palestine; The Jewish neighborhoods which were built beyond the 1967 borders  Jerusalem will be an open city, will remain under Israeli sovereignty; divided according to sovereignty, but not physically, and its residents will  The Old City will be under Israeli be entitled to freedom of movement, sovereignty, or at least the Jewish commerce, and employment in all its Quarter, the Western Wall plaza, and areas; the archeological park that is south of the Temple Mount;  Access and contiguity will be maintained between the city and the  Places that are holy to the Jews state of Palestine, and between the will be under Israeli sovereignty and various Palestinian neighborhoods in freedom of access and worship will be

the city; maintained in these areas; Executive Summary  The city will prosper economically  The presence, values, and connections on the basis of its special historic, of the Jewish People to the Historic religious, and cultural status; Basin and to the Temple Mount will be preserved;  Areas will be allocated for the future expansion and development of the  A clear Jewish majority will be Palestinian city. maintained in the city;  The international community will recognize Jerusalem as the capital of Israeli Interests Israel; Israel's official position since 1967 has  The city will flourish and its status will been that Jerusalem is a united city be strengthened as a world city and under Israeli sovereignty, and that its tourism center; status is not negotiable. Therefore, Israel has never defined its interests  The urban contiguity between the in Jerusalem. However, in previous Jewish neighborhoods in the city will meetings when negotiations were held be preserved;

16 17  The contiguity between the city and  The Palestinian neighborhoods: Ma'ale Adumim, Giv'at Ze'ev, and The status of the Palestinian Gush Etzion will be maintained; neighborhoods that were annexed to the area of the Jerusalem Municipality  The security of the city and its in 1967 is disputed by the sides. residents will be assured. An agreement will have to be The interests presented above do not reached through negotiation. necessarily reflect public opinion in the  The former ‘Jordanian City’: two nations or in the Muslim world. The The status of the former Jordanian leaders of the sides will have to create Jerusalem, within pre-1967 borders, Negotiating the Future of Jerusalem: An Introduction public legitimacy for any compromise is disputed by the sides and on Jerusalem. The way to do so will an agreement will have to be be discussed toward the end of the reached through negotiation. The document. Palestinians see the former Jordanian city as their future capital. Urban Spaces in the Context of  The Historic Basin: The status of Negotiation the Historic Basin (also known as the Holy Basin) which encompasses The alternatives for an arrangement in the Old City and the areas adjacent the city will have to relate differentially to to it, including most of the areas different areas of the city in accordance sacred to Judaism, Christianity, and with their historic, national, and religious Islam, is disputed by the sides. importance, the character of the An agreement will have to be population living in each one, and their reached through negotiation. The locations. For the purposes of analyzing term ‘Historic Basin’ itself, designating the significances for negotiation, we will a certain area worthy of discussion differentiate between the following areas: in its own right in the framework of  The Israeli City: The status of the negotiations, is an Israeli designation. urban area that was within Israeli The Palestinians do not accept this borders prior to June 1967 is not term, and as far as they are concerned disputed by the sides. all the area outside the Old City should be understood as the former Jordanian  The Jewish neighborhoods: The city. status of Jewish neighborhoods that were built after 1967, beyond the  The Old City: The status of the Old Green Line, is disputed by the sides. City is disputed by the sides and An agreement will have to be an agreement will have to be reached through negotiation. reached through negotiation.

18 19 Negotiating the Future of Jerusalem Urban Spaces in the Context of Negotiation

Kafr 'Aqb

Qalandiya RC

Neve Ya'akov

Beit Hanina

Pisgat Ze'ev Ramot Alon Anatot Ramat Shu'afat Shlomo Shu'afat RC

Ramat Giv'at Eshkol Shapira 'Isawiyya Ma'alot Dafna Sheih Jarrah Wadi al Goz Bab Az-Zahara As Sawana

Old City At-Tur

the ! Executive Summary JewishSilwan The Israeli City Quarter Ras al Amud Abu Tur Jabel Mockaber

East Talpiyyot Arab As-Sawahra Beit-Safafa Giva'at Sharafat Um Lisan Hamatos Sur Bahar Gillo

Har Homa

The Old City Jewish neighborhoods beyond the Green Line The Historic Basin Villages annexed to Jerusalem Jordanian Jerusalem 1949 Armistice Agreement Line The Israeli City before 1967 ("The Green Line") 0 .5 1 2 ! Jerusalem Jurisdiction Boundary Kilometers The Temple Mount

18 19  The Temple Mount: The status of the  Identity, Religion, and Holy Places Temple Mount is disputed by the Any agreement will require that religious sides and an agreement will have and national sensibilities, and symbols to be reached through negotiation. and identities of the parties, be taken into consideration. This will be accomplished The map above presents the various urban by, among other things, shaping the spaces in relation to negotiations. physical and symbolic space accordingly, and through arrangements that take into account holidays and religious traditions. The Main Issues to be Considered

Negotiating the Future of Jerusalem: An Introduction for an Agreement For the holy places, special arrangements related to the questions of sovereignty, The main issues to be taken into administration, security, and international consideration in order to arrive at involvement will be necessary, as well as an agreement in the framework of arrangements for access and freedom of negotiations are: worship. These arrangements must take into account the ‘Status Quo’ that pertains  Sovereignty to the holy places, as well as its various incarnations. During negotiations, it will need to be

agreed upon which areas of the city will be under Israeli sovereignty and which  Delineating the Border will be under Palestinian sovereignty. A different definition of sovereignty A study of the concept of ‘sovereignty’ in different parts of the city requires shows that alongside a clear cut determining a border that will delineate definition of division of sovereignty, territories under different sovereignties. there are also creative alternatives This border that will pass through such as ‘suspended sovereignty’, the urban space will be part of the ‘divine sovereignty’, ‘joint sovereignty’, international border between the sides. ‘international sovereignty’, and ‘functional Four factors will influence the division of sovereignty’. These alternatives make sovereignty in the city and the shape of it possible to examine models of a the border: ‘Special Regime’ and of an ‘Open City’. The question about the existence of two A. The location of the municipal boundary capitals in the city is tightly bound with that divided the city between 1948 the issue of sovereignty. Once this issue is and 1967; settled, each state will define its capital B. The demographic-ethnic-national within its sovereign territory. distribution of the various populations;

20 21 C. The holy places and their status; sides is the Border Regime that will be instituted between the different D. Security considerations. parts of the city. Agreement will have Concrete, physical planning of the border to be reached as to the nature of the requires taking into consideration that Border Regime and the definition of the the border will pass through urban arrangements for passage between areas areas; therefore, efforts should be made located within different borders. Various to minimize harm to the city's urban Border Regimes may be envisioned, landscape. In delineating the border, the with different levels of flexibility, which sides will have to consider the urban may change according to time and connection between different parts of circumstances. the city and between Jerusalem and the Israeli and Palestinian settlements that  surround it. Administrative Authority, Municipal Services, and Infrastructure It will be necessary to define the  Security and Law Enforcement responsibility and authority for the The issue of security is a crucial administration of daily life in the component of any future agreement. In city in different areas, as well as the framework of security arrangements cooperation in the urban space. There and law enforcement, a response to may be a discrepancy between the Executive Summary threats of terrorism and crime will boundaries of sovereignty and those of be required, especially in light of the administrative authority, and the granting volatile nature of the city and the close of administrative authority to one side proximity between its different parts. To in an area where the other side has the extent that common areas are agreed sovereignty. upon, there will be a need to define the authority to deploy forces in different  areas, the cooperative apparatuses Customary Law comprised of both sides, and the activity Any agreement will require a definition of of the international forces if such the Customary Law and the enforcement involvement is decided upon. agencies which will operate in areas under joint control, in areas where sovereignty won't be defined, and in areas  Border Regime where there will be shared sovereignty, A significant component of the security but no physical separation, if these issue and the relationship between the alternatives are agreed upon.

20 21  Residents' Rights and Status  International Involvement Any agreement must address anticipated Jerusalem's special international status changes in the rights and status of necessitates taking into consideration the residents of East Jerusalem as a result of involvement of international bodies both such an agreement, as well as transitional during the negotiation process and during agreements related to actualization of implementation of an agreement, the their rights. identities of those international bodies, the nature of their involvement, and its implications.  Economic and Fiscal Regime Negotiating the Future of Jerusalem: An Introduction The various alternatives to an agreement Due to the multiplicity of issues to be in the city must address the issues discussed during the negotiations, it is connected to the economic and fiscal clear that a solution to the Jerusalem regime that will be set in place. The question will require complex agreements must enable the development arrangements comprising different and flourishing of the city as an characteristics and dimensions in relation economic and tourist center. The local to the different spaces in the city. economic agreements must relate to the comprehensive economic agreement to be agreed upon by the parties.

Jerusalem in Negotiation, 1993-2014

Points of Understanding and Israeli and Palestinian Neighborhoods Disagreement beyond the 1967 Borders A historical analysis of the negotiations The Understandings: Division of in their various incarnations indicates sovereignty in the city will be based a narrowing of gaps and consolidation on the ethnicity principle, so that the of a space of understandings. The Jewish neighborhoods will be under rounds of negotiation were based on the Israeli sovereignty, and the Palestinian assumption that "nothing is agreed until neighborhoods under Palestinian everything is agreed," and so neither the sovereignty. Thus the Israeli side concessions nor the understandings have conceded its initial position that opposed binding validity, and positions are likely to Palestinian sovereignty over any part of change as circumstances unfold. East Jerusalem. The Palestinian side also

22 23 conceded its initial position that stated In both processes, in principle, the that the border in Jerusalem would follow Israeli side preferred the Special Regime the 1949 armistice agreement line. This approach in the Historic Basic and understanding was reached on the basis the Old City, which doesn't require a of the assumption of territorial swaps division of sovereignty. However, the that was predicated on the borders from Palestinians demanded that first there June 4, 1967. be an agreement as to the division of sovereignty, and only after that a The Disagreements: The Palestinians discussion about practical arrangements are not willing to have the agreed-upon and creative solutions relating to the ethnicity principle apply to the Homat administration of the Old City, including Shmuel (Har Homa) neighborhood, the option of a Special Regime. especially because it was established after the Oslo Accords, but also because 1. The Division of Sovereignty of its geographical location which interrupts the territorial contiguity The Understandings: The Jewish between the neighborhoods of Sur Bahar Quarter will be under Israeli sovereignty, and Umm Tuba in southern Jerusalem, and the Muslim and Christian Quarters and Bethlehem and Beit Sahur. A similar will be under Palestinian sovereignty. disagreement is expected to arise in The Disagreements: Both sides relation to Giv'at Hamatos, if a new Israeli request sovereignty over the Armenian Executive Summary neighborhood is, in fact, established Quarter. The Palestinians agreed to there as has been announced, because Israeli sovereignty over the houses in such a neighborhood is perceived by the the that are owned Palestinians to disrupt the territorial by Jews and are adjacent to the Jewish contiguity between Beit Safafa and Quarter. In addition, Israel demanded Bethlehem. sovereignty over the Western Wall Tunnel, the Tower of David, the Mount of Olives, and the . The The Old City/The Historic Basin Palestinians expressed willingness to The negotiations about the future of the make special arrangements to preserve Old City and the Historic Basin were Israeli interests in these areas, but under based on two different approaches: Palestinian sovereignty.

1. The division of sovereignty (the Camp 2. The Special Regime David Process); The Proposal: Israel proposed setting 2. Special Regime (Annapolis Process). up a special international trusteeship to

22 23 administer the Historic Basin, with the for Jews at the site, and Palestinian participation of five countries: Israel, recognition of the Jewish connection to the Palestinian State, Jordan, Saudi the Temple Mount. The Palestinian side Arabia and the United States. According refused these demands, but expressed to the proposal, sovereignty will not be willingness to recognize "the importance determined for the Historic Basin, and of the place to believers of all faiths." each side will be entitled to preserve its B. The Palestinians agreed to Israeli claims there. The Palestinians neither sovereignty only over the "Wailing Wall" accepted nor rejected the proposal. (60 meters) and not over the entire length of the Western Wall (470 meters including The Disagreements: A. The Palestinians Negotiating the Future of Jerusalem: An Introduction the Western Wall Tunnel), as Israel opposed a scenario in which the territory requested. of the Special Regime would extend beyond the border of the Old City. B. The Palestinians were reluctant to Two Capitals, Municipal postpone the decision about the issue of Administration and Border Regime sovereignty to a later stage. The Understandings: The establishment of two capitals in Jerusalem, with two The Western Wall and The Temple separate municipalities, and a joint body Mount/Al-Haram Al-Sharif to be responsible for coordination of municipal issues. The Understandings: According to the divided sovereignty approach, the The Disagreements: With respect to Western Wall would be under Israeli the Border Regime to be created between sovereignty, and the Temple Mount/Al- the parts of the city, the Palestinians Haram Al-Sharif would be administered supported the solution of an Open City, by the Palestinians while preserving the with no physical internal border, while the Status Quo. Israelis requested a physical border due to security considerations. The Disagreements: A. The Palestinians demanded Palestinian sovereignty over the Temple Mount compound, but Israel did not agree to this. Creative ideas An Analysis of the Flexibility of that were suggested did not lead to a the Sides breakthrough, among them an Israeli An analysis of the positions of the sides, proposal for Palestinian sovereignty over the understandings that were reached the Temple Mount in exchange for the and the range of disagreements that were establishment of a prayer-compound revealed during previous negotiations,

24 25 as well as an examination of the Track of Olives, the City of David, etc.) it will be Two talks, allows us to better estimate difficult for the Palestinians to concede the range of options and alternatives that their demand for sovereignty, but they will arise during future negotiations. will likely agree that Israel will administer them under Palestinian sovereignty.

An Analysis of Palestinian Flexibility Sovereignty over the Temple Sovereignty in the City: It is likely Mount and the Holy Places: It will that the Palestinians will insist on their be very difficult for the Palestinians to demand for sovereignty in the areas give up their demand for sovereignty where the Palestinian population resides over the Temple Mount/Al-Haram Al- in East Jerusalem. It may be assumed Sharif. However, if a Special Regime that the Palestinians will recognize is determined in the Old City and the Israeli sovereignty over the Jewish definition of sovereignty is suspended, neighborhoods that were established in it is possible that the Special Regime open areas beyond the 1967 borders in may be broadened to include the Temple exchange for land swaps. We may also Mount, by means of granting control and conclude with respect to the sovereignty administration to the Waqf and preserving over the neighborhoods Har Homa and the Status Quo that was in place until Giv'at Hamatos, whose sovereignty is in 2000. There are no indications that the dispute, that it will be possible to reach Palestinians would agree to grant the Executive Summary agreement about Israeli sovereignty over Jews the right to pray on the Temple these neighborhoods (similar to what Mount. was agreed upon in the cases of other neighborhoods) in exchange for territorial Capital City: The Palestinians will insist contiguity between East Jerusalem and that the city as defined by the borders of Bethlehem. Jordanian Jerusalem (prior to 1967) will be designated as the capital of Palestine. It is possible that the issue of sovereignty However, the Old City does not have to in the area of the Old City will be be part of the Palestinian capital if it is suspended and that a Special Regime designated a Special Regime. will be determined instead. Alternatively, in the case of division of sovereignty in Open City: The Palestinians would prefer the Old City, Israeli sovereignty will be an Open City, with no physical barrier, recognized at the Western Wall and in following a division of sovereignty. the Jewish Quarter. As for places in the However, it is possible that the Historic Basin to which there is a Jewish Palestinians may agree to a physical connection (the cemetery on the Mount division in certain circumstances.

24 25 Contiguity and Accessibility: The Sovereignty in the places holy to the Palestinians will insist on the principle Jews, and preservation of freedom of contiguity and accessibility between of access and freedom of worship in the city and a Palestinian state and those areas: It is possible that Israel will other Palestinian settlements, as well as agree to designate the Temple Mount as between Palestinian neighborhoods in being under divine sovereignty, suspended the urban space. Still, it will be possible sovereignty, or joint sovereignty. to discuss the type of contiguity, the Israel will insist on its demand for extent of the contiguous areas, and the freedom of access for Jews to the Temple access routes. The Palestinians will Mount. It is possible that Israel will

Negotiating the Future of Jerusalem: An Introduction try to minimize as much as possible request that freedom of worship include the contiguous areas between Israeli the right of Jews to pray at the Temple Jerusalem and the adjacent Israeli Mount. settlements that are beyond the 1967 borders. The presence in, and the values and ties of the Jewish people to, the Historic Basin: Israel will insist on its An Analysis of Israeli Flexibility demand for a Jewish presence in the City The Israeli Neighborhoods beyond of David, in the cemetery on the Mount of the 1967 Borders: Israel will insist Olives, and at David's Tower. Israel would on its demand that all the Jewish prefer to include the areas adjacent to neighborhoods that were established the Old City in the area designated as the beyond the 1967 borders will remain Special Regime, including the Historic under Israeli sovereignty. These Basin. In the absence of agreement to neighborhoods will be at the top of the the preceding, it is possible that Israel list for land swaps between Israel and the would agree to local arrangements for Palestinians. Israeli administration under Palestinian sovereignty in these areas to which Jews Sovereignty in the Old City: Israel feel strong ties. will prefer a joint Special Regime in the Historic Basin, and at the very least in the ‘Open City’ and physical border: Due Old City, over a division of sovereignty to security concerns, Israel would prefer there between Israel and the Palestinians. a physical separation between the Israeli If a division of the Old City is agreed upon, and Palestinian cities, at least during an Israel will insist on Israeli sovereignty extended transition period. A physical over at least the Jewish Quarter, the border will also allow for the preservation Western Wall, and the Southern Wall. of a clear Jewish majority and character

26 27 in the Israeli city, and prevent unchecked well as contiguity and accessibility entry into Israel via Jerusalem. between metropolitan areas beyond the 1967 borders and Jerusalem. However, Contiguity and accessibility: Israel the scope of the connecting areas and the will insist on its demand for contiguity route of the access roads will be subject between the Israeli neighborhoods as to negotiation.

Alternatives to a Permanent Status Agreement in Jerusalem

This paper presents alternatives that capital of Israel and the Palestinian city its authors believe could be considered will be the capital of Palestine. during negotiations between the parties. The document does not address Options for Alternatives alternatives that express the desires of either side for exclusivity in the entire Alternative A. Option 1: A physical city or in the parts that have religious- division between the quarters of the national significance, while disregarding Old City that will be under Palestinian the wishes of the other side. These are sovereignty and those that will be under alternatives that cannot be negotiated. Israeli sovereignty. Executive Summary Alternative A. Option 2: A division of sovereignty in the Old City with no Alternative A: Division of physical separation between the various Sovereignty and Physical Division quarters. in Jerusalem, including the Old City This alternative proposes the division Alternative B: Division of of sovereignty in the city as well as its Sovereignty and Physical Division physical division between the two sides, in Jerusalem, and a Special Regime as follows: all the Jewish neighborhoods in the Old City/Historic Basin will be under Israeli sovereignty, and This alternative proposes the division of all the Palestinian neighborhoods under sovereignty in the different neighborhoods Palestinian sovereignty. The Jewish in the city, similar to that proposed in Quarter in the Old City will be under Alternative A, but in the Old City/Historic Israeli sovereignty, and the Muslim and Basin there will be a Special Regime Christian Quarters under Palestinian jointly administered by both sides; sovereignty. The Israeli city will be the by an international body; or by some

26 27 combination of the two. Sovereignty Alternative D: A Gradual over the area where the Special Regime Arrangement Starting with will apply will not be defined. The Israeli Physical Separation in the City city will be the capital of Israel, and the and Concluding with an Open City Palestinian city will be the capital of Alternative D does not essentially differ Palestine. from Alternative C, but rather offers a gradual implementation of it. The main Options for Alternatives principle of this alternative is a gradual transition, beginning with an alternative Alternative B. Option 1: A joint Israeli- that creates a physical division between Negotiating the Future of Jerusalem: An Introduction Palestinian Special Regime in the Old City the different parts of the city, via Alternative B. Option 2: A joint Israeli- alternatives that do not call for complete Palestinian Special Regime in the area physical separation, and ending with that also includes the Historic Basin an opening up of the city, over a period of years, into one shared space. This Alternative B. Option 3: A Special alternative proposes a gradual process Regime administered by an international during which the necessary trust will be body in the Old City or in the Historic built between the sides. Basin

Issues to be Regulated between Alternative C: Jerusalem as an the Parties Open City – Division of Sovereignty For each of the alternatives, the sides Between the Two States with No will have to reach agreement about all Internal Physical Border Between the issues detailed above: sovereignty; the Parts of the City the outline of the border and the Border According to this alternative, the Regime; the nature of the Special Regime sovereignty of the city will be divided and its area; accessibility and contiguity; in a similar way to that described in the status of the residents; municipal Alternative A or Alternative B, but with administration of the city in its different no physical separation between different areas; security cooperation and economic parts of the city. The city will remain as arrangements – and all this while taking one urban unit, and freedom of movement into account the differences between the will be maintained between its various alternatives. For Alternative D, the sides parts. An economic-security border will will also have to agree on the criteria for be determined around the city to separate moving from one phase of implementation it from the two states. to another.

28 29 Negotiating the Future of Jerusalem Alternative A, Division of Sovereignty

Ramallah

Kafr ‘Aqb

Neve Ya’akov

Pisgat Ze’ev Ramot Shu’afat Alon Ramat refugee camp Shlomo Giv’at Shapira

Jordanian City

Old Ma’ale Adumim City

West Executive Summary Jerusalem

East Talpiot Beit

Safafa Southern Neighborhoods Gilo Har Homa

Bethlehem Beit Sahur

Israeli Sovereignty Palestinian Sovereignty Outline of Division of the City 1949 Armistice Agreement Line ("The Green Line")

28 29 Negotiating the Future Alternative B, Division of Sovereignty of Jerusalem and Special Regime

Ramallah

Kafr ‘Aq b Special Regime in the Old City

Neve Negotiating the Future of Jerusalem: An Introduction Ya’akov

Pisgat Ze’ev Ramot Shu’afat Alon Ramat refugee camp Shlomo Giv’at

Shapira

Jordanian City

Old Ma’ale Adumim West City

Jerusalem Special Regime in the Historic Basin

East Talpiot Beit

Safafa Southern Neighborhoods Gilo

Har Homa

Bethlehem

Beit SahurOld City

Special Regime Israeli Sovereignty Palestinian Sovereignty Outline of Division of the City 1949 Armistice Agreement Line ("The Green Line")

30 31 Negotiating the Future of Jerusalem Alternative C, Open City

Ramallah

Kafr ‘Aqb

Old City with Division of Sovereignty Neve Ya’akov

Pisgat Ze’ev Ramot Shu’afat Alon Ramat refugee camp Shlomo Giv’at

Shapira

Jordanian City

Old Ma’ale Adumim West City Executive Summary Jerusalem

Old City with No Division of East Talpiot Sovereignty Beit

Safafa Southern Neighborhoods Gilo Har Homa

Bethlehem Beit Sahur

Israeli Sovereignty Palestinian Sovereignty Outline of Sovereignty Borders of the Open City 1949 Armistice Agreement Line ("The Green Line")

30 31 The Scope of Possibilities for an Arrangement Regarding the Temple Mount

Some of the proposed options for a Quo and to perpetuate it, and options settlement regarding the Temple Mount put forward to change it are perceived may appear to be unacceptable to the as being low priority, or "not standing a parties due to the large gaps between chance." However, the Status Quo does their various positions and aspirations. not necessarily reflect a balance between However, the presentation of the the religious and national aspirations of the sides. Preserving the Status Quo is Negotiating the Future of Jerusalem: An Introduction possibilities is intended to illustrate the essential dilemma which the crucial in the time of conflict in order to representatives of the sides will face avoid violence and tensions. Yet, in the when they come to the negotiating framework of an agreement seeking to table – the dilemma between the deep end the conflict, it is possible to consider symbolic significance that is attributed to more balanced arrangements, though it is state sovereignty over the Temple Mount, very sensitive. on the one hand, and the religious- The components of the joint arrangement spiritual meaning of the site, on the for all the possibilities are: other. The options differ from each other in that if sovereignty over the Temple A. Joint recognition that the Temple Mount is granted to one side, then, for Mount/Al-Haram Al-Sharif is a Muslim the arrangement to be balanced, the other place of prayer on the one hand, and side's religious-spiritual status must be a holy place for the Jewish people, on strengthened. A situation in which one the other hand. side will enjoy both state sovereignty and B. The Waqf will administer daily affairs an advantage in religious status is not at the site. balanced. C. Actions related to changing the The options for an arrangement with character of the Temple Mount, respect to the Temple Mount will be such as public works, archeological examined, inter alia, in light of the extent excavations, planning and construction to which they change the Status Quo, and visits by non-Muslims will all be which rests on arrangements that were coordinated with the agreement of the determined in the second half of the 19th sides. century and maintained under Israeli rule. Due to the great sensitivity of the issue, D. Joint Committee (Israeli-Palestinian- there is a tendency to adopt the Status Jordanian), in partnership with an

32 33 international body, will supervise each of the alternatives presented above implementation and maintenance for an arrangement in the city, but some of the arrangement on the Temple of them are better suited to a specific Mount. alternative. The likely relationships between alternatives in the city and on the Temple Mount are provided below: The three options proposed for study: Option A: Israeli sovereignty; no practical expression of the Jewish religious Alternative A: Division of Sovereignty connection to the Temple Mount; Israel in the City including Physical Division will be responsible for security and public The constituent logic of divided order. sovereignty based on ethnicity in the Option B: Sovereignty over the Temple city and in the Old City as well may Mount area will not be determined; the indicate a preference for determining practical expression of the Jewish ties Palestinian sovereignty over the Temple to the Temple Mount will be discussed Mount (Option C for an arrangement on during negotiations; a joint/international the Temple Mount). This is because the force will be responsible for security and Temple Mount is located in an urban public order. space that is mostly Palestinian, and

because it is a Muslim place of worship Executive Summary Option C: Palestinian sovereignty over on a daily basis. the Temple Mount; there will be practical expression of the Jewish ties to the area of the Temple Mount; a Palestinian force Alternative B: Division of Sovereignty will be responsible for security and public in the City and a Special Regime in the order; special arrangements for allowing Old City or in the Entire Historic Basin Jews to enter the area will be considered. The constituent logic of establishing a Special Regime in the Old City is based on an understanding of how difficult it is Alternatives for an arrangement for both sides to agree on the sovereign in the City, Options for an status of the Old City. This same logic Arrangement on the Temple makes it very likely that sovereignty will Mount, and the Relationship not be defined and that a Special Regime between Them will be applied on the Temple Mount as The options for an arrangement on the well (Option B for an arrangement on the Temple Mount are theoretically viable in Temple Mount).

32 33 Alternative C: Jerusalem as an Open B, preference will be given to ‘non- City with Divided Sovereignty in the definition’ of sovereignty on the Temple City, but no Physical Division Mount. Inasmuch as the division of sovereignty will be based on the principles of The alternatives presented for an Alternative A, it is likely that preference arrangement in the city do not rule out will be given to determining Palestinian the possibility of Israeli sovereignty over sovereignty for the Temple Mount. the Temple Mount, but their guiding However, if the division of sovereignty principles do not lend preference to this is based on the principles of Alternative possibility. Negotiating the Future of Jerusalem: An Introduction

A Model for Evaluating the Alternatives

The evaluation model that was developed The identity and security dimensions for this study facilitates a systematic will probably have the most influence on analysis of each and every alternative and the decision-making process about the comparison among them. The comparison preferred alternatives. Beyond the five among the alternatives is based on an content dimensions, the alternatives will expert evaluation of the solution provided be examined in light of their potential by each alternative according to defined feasibility. dimensions of content. To evaluate the alternatives we required The content dimensions that are different assumptions with respect perceived as meaningful for a study of to the anticipated responses to the the possibility of reaching an agreement content dimensions being evaluated. in Jerusalem and implementing it The evaluation presents a comparative successfully are: analysis of the alternatives according  The religious-national identity to the various dimensions, which helps dimension; to identify the relative advantages and disadvantages of the different  The security dimension; alternatives, but does not recommend  The municipal-administrative a specific alternative. This is the dimension; prerogative of the decision-makers.

 The economic dimension; Relevant criteria were determined for  The legal dimension. each dimension, by which the quality of a

34 35 response provided by a given alternative  The ability to place religious and may be assessed. The evaluation of the national symbols in the urban space; criteria is based on a scale of 1-5, where  The ability to administer holy sites in 1 indicates a weak response provided by the sovereign space of the other side; the alternative according to the criterion being examined and 5 indicates that the  The symbolic dimension of sovereignty alternative provides a good response. in the Old City and the holy places. The results of the evaluation of a specific dimension of a given alternative, based  on the criteria related to it, were defined The Security Dimension at three levels: Good, fair, and weak. The In the security dimension, we examined following are details of the dimensions the extent to which the different and the criteria for their evaluation. alternatives provide a response to the unique security challenges in Jerusalem. The criteria are:  The Religious-National Identity  The ease of implementing the required Dimension security cooperation between the Here, we examined the extent to which sides; the different alternatives provide a  The intelligence capability;

response to the religious-national identity Executive Summary  value that each side attributes to the The Border Regime; city, and whether the various alternatives  The ability of and level of efficiency strengthen or weaken the experience with which security forces can of identity and its significance in the intervene at the scene of a security consciousness of those for whom it is event; valuable. The criteria are:  The law enforcement and public order  Freedom of access to holy places; capabilities.  Freedom of worship and the ability to hold religious events;  The Municipal Dimension  Preservation of the physical character In the municipal dimension, we examined of the Old City; the extent to which the different  Preservation of the social- alternatives provide a response to the community character of the different needs for smooth municipal functioning neighborhoods of the city and the and allow for a comfortable and public space; flourishing fabric of life. The criteria are:

34 35  The quality of the social and physical  The Legal Dimension services; In the legal dimension, we examined the  Development and maintenance of extent to which the different alternatives infrastructure; provide a response to the existence and functioning of a legal system in  Free movement within the city; the urban space, and the implication of  Streamlined coordination between the alternatives on the realization and the sides for the purpose of municipal preservation of human rights. The criteria management; are:  The possibilities for urban Negotiating the Future of Jerusalem: An Introduction  The preservation of human rights; development;  The preservation of the rights of the  The prospect that border zones will be residents; created.  The simplicity of the legal and legislative systems and enforcement  The Economic Dimension capability; In the economic dimension, we examined  The preservation of religious rights; the extent to which the different  The preservation of culture and alternatives provide a response to the heritage in accordance with city's economic development. The criteria international conventions. are:  The prospect that the economic agreements agreed upon by Israel and  Feasibility of the Alternatives the Palestinian state will be applicable The feasibility of each and every in Jerusalem; alternative will be examined on the basis  Development of the employment of an analysis of three components: market;  The ability to obtain legitimacy for an  Development of commerce; arrangement;  Development of tourism;  An evaluation of the long-term  Recruitment of investments; stability of the arrangement;  Costs of the arrangement;  The ability to implement the  The simplicity of the economic and arrangement. fiscal regime;  The simplicity of economic regulation.

36 37 Legitimacy  The quality of the response to the Palestinian interests; In the case of legitimacy, we examined the following:  The quality of the response to the daily needs of the populations and to  The ability to obtain political and the urban fabric of life; public legitimacy in Israel;  The systems of cooperation between  The ability to obtain political the sides; and public legitimacy among the Palestinian public;  The level of commitment of the international bodies to the  The ability to obtain political and arrangement. public legitimacy in the Muslim world;  The ability to obtain political and public legitimacy in the Christian Applicability world. In the case of applicability, we examined the following: Stability  The extent of the simplicity of the alternative for an arrangement; In the case of stability, we examined the following:  The length of time that will be necessary Executive Summary to implement the arrangement;  The quality of the response to the Israeli interests;  The cost of the arrangement.

36 37 Evaluating the Alternatives

The evaluation of the alternatives interests of both sides. In our evaluation presented in this document is a of the alternatives, we preferred those comparative evaluation that presents which preserve a balance between the advantages and disadvantages for sides over those in which the gap created each alternative in relation to all between the realizations of the interests those presented, and then rates them of the sides may lead to a negation of the accordingly. The evaluation is grounded in possibility of holding negotiations about various assumptions about the prevailing them. Negotiating the Future of Jerusalem: An Introduction situation and the different aspirations of the sides, as well as on relevant content- premises for the different dimensions. Evaluation of Alternative A: The evaluation does not grant different An evaluation of Alternative A. Option weight to different dimensions or to the 1 presents a relatively weak result for criteria related to them. It is the decision- all the dimensions that were examined, makers who will grant the different except for the security dimension,for weight to the dimensions and criteria, which the response proposed by the in accordance with their preferences, alternative was good. An evaluation if they so choose. The writers of this of Alternative A. Option 2 presents a document assume that the weight that relatively fair result for the dimensions will be granted by the decision-makers of identity and security and also for with respect to the identity and security its feasibility, but a weak result for dimensions and the potential feasibility the municipal, economic, and legal will be greater than the weight granted dimensions. to the other dimensions, due to the uniqueness of Jerusalem. This evaluation examines the alternatives Evaluation of Alternative B: from an Israeli perspective, but we An evaluation of Alternative B. Option deemed it fitting, in the relevant 1 presents a relatively fair result for all dimensions, to relate to the implications the dimensions that were examined, and of the alternatives for the Palestinian side a good result with respect to feasibility. as well. We did this mostly through the An evaluation of Alternative B. Option examination of the potential feasibility of 2 presents a good result with respect the issues of legitimacy and the quality to the identity and legal dimensions, a of the alternative's response to the fair result with respect to the security,

38 39 municipal, and economic dimensions, and with respect to the security dimension. a weak result with respect to feasibility. This alternative has disadvantages An evaluation of Alternative B. Option with respect to the identity and legal 3 presents a good result with respect to dimensions, and it is anticipated that it the legal dimension, and a fair result with will cause real damage to the municipal respect to all the other dimensions. and economic dimensions. In contrast to the evaluations of the previous alternatives, the evaluation Evaluation of Alternative C: of Alternative D is focused on the An evaluation of Alternative C presents a advantages and the disadvantages of good result with respect to the municipal the gradual process. Therefore this dimension, fair results with respect to the evaluation is not presented in the charts identity, economic, and legal dimensions, which present the comparative evaluation and with respect to feasibility, and a between the alternatives according the weak result with respect to the security dimensions' criteria. dimension. The first diagram shows an overall comparison between the alternatives for Evaluation of Alternative D: all the dimensions that were examined. An evaluation of Alternative D, which The following diagrams present the Executive Summary proposes a gradual implementation of evaluation results of the alternatives Alternative C, presents an advantage only according the dimensions.

38 39 Negotiating the Future of Jerusalem: An Introduction – Summary 4 4 4 4 4 4

40 41 Executive Summary

40 41 Negotiating the Future of Jerusalem: An Introduction

42 43 Executive Summary

42 43 Negotiating the Future of Jerusalem: An Introduction

44 45 Executive Summary

44 45 Negotiating the Future of Jerusalem: An Introduction

46 47 Alternatives in the Absence of a Comprehensive Agreement

The circumstances that may lead us to  An increase in the involvement of the abandon a comprehensive agreement for residents in the administration of the alternatives that are likely to be relevant neighborhoods based on the existing in its absence are: situation;  The two sides are interested in making  The granting of autonomy to progress toward an agreement in Palestinian quarters; Jerusalem, but the gaps between  The establishment of an autonomous them are wide, and they are prepared secondary municipality that would to consider partial steps as an interim be subordinate to the Municipality of phase; Jerusalem;  The Israeli side is interested in making  The establishment of an independent progress toward an agreement in municipality in East Jerusalem. Jerusalem, and the Palestinian side is not prepared to compromise;  The Israeli side is not interested in B. Separation from Neighborhoods compromise and seeks alternatives in East Jerusalem

to preserve the current situation or to This would entail the withdrawal of Executive Summary advance the Israeli interests. Israeli sovereignty from peripheral neighborhoods of the city, while changing The different circumstances will influence the current municipal borders, and the choice of alternative. The partial transferring responsibility for those alternatives being examined in the neighborhoods to the Palestinian absence of comprehensive agreement are: Authority.

A. Palestinian Self-Administration C. Strategies for Administration of There are several alternatives for East Jerusalem Palestinian self-administration in Strategies for more moderate East Jerusalem. They differ from one administration of East Jerusalem would another in terms of the geographic be based on three key components: scope that they encompass and the  Significant improvement in the legal and administrative status of the residents' quality of life; self-administration and the range of its authority. These include:  Firm enforcement of law and order;

46 47  Avoidance of measures that might In order for a unilateral Israeli measure lead to a disruption of the delicate to be acceptable in the context of the balance that prevails in the sensitive international sensitivities regarding areas of the city. Jerusalem, the following conditions must pertain:  Evaluation of the Feasibility of The measure must not create any Partial Steps in Jerusalem political change in Jerusalem, and must not block future political In order for a partial measure to be possibilities. agreed upon by both sides, the following

Negotiating the Future of Jerusalem: An Introduction  The measure must be directed at conditions must prevail: relieving tension and improving the  The measure must be in the interest of residents' living conditions. both the Israelis and the Palestinians.  The measure must not change the  The measure must be a partial Status Quo on the Temple Mount. step that advances or creates an infrastructure for future implementation of a comprehensive All the alternatives listed above can be agreement in the city. implemented with the agreement of the parties. A unilateral attempt to separate  There must be international from neighborhoods in East Jerusalem guarantees to ensure the (Alternative B) is likely to encounter implementation of a comprehensive Palestinian opposition. agreement in a given timeframe.  The measure must include an Israeli- Palestinian effort to improve the living conditions of the residents and ensure their rights.

48 49 Procedural Aspects of the Negotiations

Decision-Making Process the Israelis and Palestinians, but also to many in the Arab-Muslim world and In the first stage, decision makers will the Christian world. The advantages have to make a decision in principle and of including Muslim countries such as choose among the three main alternatives Saudi Arabia, Jordan, and Egypt in the presented in this document. An initial negotiations about Jerusalem are that choice of Alternative A or B will allow this would increase public confidence them to go on to an examination of the in the negotiation process and also sub-alternatives derived from each one. increase the chance of arriving at an The choice of Alternative C will enable agreement. However, integrating Muslim an examination of the advantages bodies into the negotiation process may and disadvantages of Alternative D, not necessarily be limited to religious which proposes a gradual arrangement. aspects, and it is possible that they Revocation of Alternative C will make a would demand to be involved in the discussion of Alternative D redundant. implementation of the agreement. In this Of course, a combination of the elements context it should be mentioned that in from different alternatives is also possible. the peace agreement with Jordan, Israel It is suggested that professional teams granted the Hashemite Kingdom special Executive Summary be established to conduct in-depth status in the permanent agreement with analyses and detailed plans of each of respect to the Temple Mount. the following issues: sovereignty and borders; the Temple Mount and the holy The integration of bodies from the places; security arrangements; municipal Christian world in the religious contexts arrangements; residents' status; Special of the negotiation process is likely to Regime (if Alternative B is chosen); the strengthen international legitimacy for an Open City model (if Alternative C is arrangement, because of the heightened chosen); Jerusalem's global status; and sensitivities with respect to the status of creating legitimacy for an agreement. the places that are holy in Christianity and the freedom of access and of worship.

The integration of religious clerics into the Participation of Muslim and negotiation process must be examined in Christian Entities in Negotiations light of its potential contribution to the about the Future of Jerusalem process and its ability to grant a religious Due to its religious status, Jerusalem's seal of approval to agreements which will future is not only a matter of interest to be determined by the political leadership.

48 49 It is proposed that the convening of Trade-Offs Between Core Value a religious discussion alongside the Issues political negotiations be considered, in The creation of linkage between two core which moderate religious clerics who are issues, such as the issue of Jerusalem likely to take a positive stance towards a and the issue of the refugees, is likely to political alternative be included. adversely affect the possibility of reaching an agreement. The value aspect of the Jerusalem issue demands a response to Mutual Recognition of Historic the religious and national aspirations of and Religious Ties both sides, and so it is preferable that Negotiating the Future of Jerusalem: An Introduction Mutual recognition of the historic and the balance between these aspirations religious ties of both parties to Jerusalem be achieved within the context of the and the Temple Mount will have a positive Jerusalem issue. A concession within influence on both sides with respect to the Jerusalem issue in exchange for a the possibility of achieving an agreement. concession with respect to the refugee Israeli recognition of the Muslim ties to issue is liable to disturb the necessary Jerusalem does not cause damage to balance in the city. Israeli interests.

Legal Aspects Regarding an The Timing of Negotiations about Agreement on Jerusalem the Future of Jerusalem Israeli law places significant barriers There is no clear preference regarding the in the path of any change in Israel's question of when would be the best time sovereign borders in general, and the to negotiate the future of Jerusalem, in prospect of changing the Jerusalem relation to the other core issues, and this borders in particular, as enshrined in discussion could take place concomitantly the following Basic Laws: The Law and with the discussion of the other core Administration Order (Abolition of Law, issues. Within the range of issues on the Jurisdiction and Administration), 5759- agenda for negotiating an agreement 1999 and the Jerusalem Law, the Capital on Jerusalem, the issue of the Temple of Israel, 5740-1980, with its amendments Mount will be the most challenging, and over the years. In order to implement any presumably it would be easier to resolve of the alternatives, it will be necessary other elements of the agreement first. to enact legislation to approve the agreement, with the support of a special majority and possibly also by means of a referendum.

50 51 Creating Public Legitimacy for  The agreement will transform an Agreement on Jerusalem Jerusalem into an international tourist destination, thus ensuring its An analysis of recent surveys reveals prosperity; that among the Jewish population in Israel there is a readiness to consider  The separation from the Palestinians arrangements for Jerusalem. About one- and the security arrangements will third of the Jews in Israel are prepared increase the security and tranquility in to positively consider a division of the the city. Old City, Palestinian sovereignty over the Temple Mount, and the existence An analysis of recent surveys reveals that of two capitals in Jerusalem, within about 40% of Palestinians are prepared the framework of a comprehensive to positively consider the division of the agreement. Defining the Temple Mount city into two capitals, in the context of as being under ‘Divine Sovereignty’ and a comprehensive peace agreement. In recognition of Jewish ties to the Temple order to increase the legitimacy of an Mount, significantly increase the rate agreement on Jerusalem among the of support for an agreement among the Palestinian public, the following basic Jewish public. concepts should be emphasized: In order to augment the legitimacy of  Al-Quds will be recognized as the Executive Summary an agreement on Jerusalem among capital of the Palestinian state and the the Israeli public, the following basic international embassies will move into concepts should be emphasized: its territory;  A division of the city will ensure the  The agreement on Jerusalem will Jewish character of Jerusalem; assure the status of Al-Haram Al- Sharif as a holy site and a place of  The agreement ensures international Muslim prayer; recognition of Israeli Jerusalem as the capital of Israel, and that Jerusalem  The agreement will transform will be the location of international Jerusalem into an international tourist embassies; destination, and thus ensure its prosperity.  The agreement will facilitate international recognition of the Jews' religious and historic ties to Jerusalem and to the Temple Mount;

50 51 52 53 Epilogue

The premise of this document is that from a familiar, if often painful, reality the Israelis and the Palestinians have of a managed conflict, to the totally decided to end the conflict between unfamiliar reality of a new arrangement, them by means of negotiations, and that the character and implications of which within this framework they seek to solve are hard to envision. The transition the complex and challenging dilemma of from a consciousness rooted in the the future of Jerusalem. The goal of the present to a future consciousness is by document, as defined in its introduction, no means easy, and encumbers open- is to present the Israeli decision-makers minded thinking about future political with the necessary knowledge and possibilities. The human difficulty to look analysis to prepare for this type of beyond the current reality and the inability negotiation. to imagine future possibilities creates a significant psychological barrier that This study is not concerned with an adversely affects the willingness to weigh analysis of the reasons why the sides alternatives, and sometimes even leads to decided to choose the path of negotiation. a lack of belief in their feasibility. An assessment of the political and security considerations, as well as the Both sides to the conflict — the Israeli regional and international circumstances and the Palestinian — have a hard time that influenced the decision to hold being open-minded about possibilities for negotiations, are beyond the document’s the conflict’s solution. This applies to an scope. The starting point for the even greater extent to the exceedingly document,the decision to end the conflict complex issue of Jerusalem, with by means of negotiation, is the first step its national, religious, and emotional on the path to a peace agreement, and in dimensions. A detailed outline of possible this sense the content of this document is future alternatives and a concrete analysis not the first step. of their implications, as presented in this However, an analysis of the obstacles on document, should bring those who deal the path to agreeing to hold negotiations with them closer to a consciousness of and those which are likely to be present a future time, helping them to assess during the negotiations themselves the feasibility of these possibilities and reveals, among other things, the perhaps strengthening their willingness to conceptual difficulty of the transition consider their actualization.

52 53 The deep, realistic, and comprehensive to support the formulation of a decision to study of the Jerusalem question end the conflict by peaceful means. presented in this document, and the detailed analysis of the components of If this document contributes to advancing the alternatives, could play an important such a decision and helps decision- role toward the realization of a reality in makers to choose to end the conflict by the city based on an agreement, and in its peaceful means, then the document may significance in the consciousness of the serve as a prologue to the peace process, decision-makers. This study may assist and peace may yet reside in the city of them to consider political possibilities in God.

Negotiating the Future of Jerusalem: An Introduction the context of a future consciousness and

54 55 The Authors

Israel Kimhi is a scholar and urban of the Jerusalem Institute for Policy planner. He has been part of the team Research between 2009 and 2016. Over at the Jerusalem Institute for Policy the past eight years, he has been involved Research since1986 as Head of the in leading the geopolitical arena of the Jerusalem Research Section. From Jerusalem Institute for Policy Research 1963 to 1970 he was a planner on the where his main focus is the analysis ‘Jerusalem Master Plan’ team at the of Jerusalem's current geopolitical Jerusalem Municipality. From 1973 to situation as well as future alternatives 1986 he headed the Policy Planning for political agreement in Jerusalem as Department at the Jerusalem Municipality part of a solution to the Israeli-Palestinian under Mayor . From 1966 conflict. He led a track two discussions to 2016 he taught Urban Geography and between Israelis and Palestinians about Urban Planning at the Hebrew University future alternatives for Jerusalem. Kraus at the school for Urban and Regional has extensive experience in the Israeli Studies. He is Chairman of the Society education system and has held senior for Preservation of Historical Sites positions including Director of the and Monuments in Jerusalem. Kimhi Jerusalem Education Administration, has published numerous publications among others. An expert on public policy, and research papers. In 2010 he was he was involved in prominent reforms and awarded the ‘Yakir Yerushalayim’ served as an advisor for policy planning (Worthy of Jerusalem) title by the in various spheres. Kraus holds an M.A. Jerusalem Municipality. He holds a B.A. (with honors) in Jewish Philosophy in Geography and History and an M.A. and a B.A. in Mathematics, Computer in Urban Geography and Urban Planning Science, and Philosophy from the Hebrew from the Hebrew University of Jerusalem. University of Jerusalem. He also studied Urban and Regional Planning at University College London. Dr. Lior Lehrs is an Israel Institute Postdoctoral Fellow at the Taub Center Meir Kraus (editor) is a senior fellow for Israel Studies at New York University. at the Jerusalem Institute for Policy Lehrs wrote his doctoral dissertation, Research and a fellow at the Shalom Private Peace Entrepreneurs in Conflict Hartman Institute. He served as Director Resolution Processes, at the Department

54 55 of International Relations at the Hebrew Forces in the 21st Century Perspectives University of Jerusalem. Prior to his from the Social Sciences (co-edited position at the Taub Center, he was a with Jessica Turnely and Eyal Ben-Ari), researcher at the Jerusalem Institute Routlege 2017; The Arab World on the for Policy Research, where he focused Road to State Failure (co-authored with on the topic of Jerusalem within Israeli- Yoel Guzansky), July 2017; and The IDF Palestinian peace negotiations and on Strategy in the Perspective on National conflicts concerning holy sites. Lior has Security (in Hebrew, co-edited with Gabi published several books and articles, Siboni and Meir Elran). including Peace Talks over Jerusalem:

Negotiating the Future of Jerusalem: An Introduction A review of the Israeli-Palestinian Dr. Amnon Ramon is a Senior Negotiations Concerning Jerusalem Researcher at the Jerusalem Institute 1993-2011 (2011) and Open Close Open: for Policy Research specializing in the A Model for An Open City in Jerusalem history of Jerusalem in the Modern Era, (forthcoming, 2018). Christians and Modern Christianity in the Holy Land, the Holy Places and the Dr. Kobi Michael is a senior research Temple Mount. His doctoral dissertation fellow at the Institute for National is devoted to the topic of Israeli policy Security Studies (INSS) and the Jerusalem toward the Christian churches and the Institute for Policy Research. He served Jerusalem Question (1948-1973). He is as Deputy Director General and Head also the Deputy Head of the Institute of the Palestinian Desk at the Ministry for the Study of the Land of Israel at the for Strategic Affairs. He was a member Ben-Zvi Institute and a senior lecturer of the faculty at Ben-Gurion University at the Ashkelon Academic College. (2008-2011), a senior faculty member at Ramon has published many books and Ariel University (2013-2015), a visiting articles, including his most recent entitled professor at Northwestern University Residents, Not Citizens: Israeli Policy (2006-7), and at Peking University (2017). towards the Arabs in East Jerusalem, He has published widely in his field 1967-2017 (2017). including 16 books and monographs and more than 50 articles and has been Professor Yitzhak Reiter is Professor of awarded several academic prizes, among Islam, Middle East History and Politics, them, the Yariv Prize, the Tshetshik Prize, and Israel Studies. He is a senior the Yitzhak Sadeh Prize, and the Israeli researcher at the Jerusalem Institute Association for Political Science Prize, for Policy Research and the Harry S. awarded for the best book of 2008-9. His Truman Institute for Peace Research at most recent books are: Special Operations the Hebrew University of Jerusalem.

56 57 He chairs the Department of Israel Studies visiting scholar at Oxford University, St. and is the Head of the Research Authority Antony’s College (2001), The Middle East at Ashkelon Academic College. Reiter Institute, Washington D.C. (2003), and is the author of 13 books (editor or co- Sydney University (2003-4). He is active in editor of an additional five) and numerous track-two diplomacy meetings about the articles. During 2008-9 he taught at the Israeli-Palestinian conflict and in Jewish- Department of Political Science at the Arab relations in Israel. University of Minnesota. Reiter was a The Authors

56 57 Negotiating the Future of Jerusalem: An Introduction – Executive Summary This study attempts to shed light on the issue of Jerusalem, which is the most complex and challenging issue on the road to an agreement between the two sides of the Israeli-Palestinian conflict, whose resolution is vital to the achievement of any agreement. The researchers at the Jerusalem Institute for Policy Research seek to present the Israeli negotiator with a comprehensive overview of negotiations about Jerusalem and the necessary knowledge for future negotiations. The document includes: background material about Jerusalem; an introduction to the negotiations on Jerusalem; possible alternatives to a comprehensive agreement; a broad comparative analysis of the alternatives; alternatives for partial measures; and a review of the issues related to preparation for negotiations as well as suggestions regarding how they should be conducted. For more than two decades the Jerusalem Institute for Policy Research has been studying the geo-political issues related to Jerusalem.

The Jerusalem Institute for Policy Research (formerly the Jerusalem Institute for Israel Studies) is a non-profit institute for policy research. The mission of the institute is to create a data infrastructure for the city, to analyze trends, to examine alternatives, and to make policy recommendations in order to improve the decision- making process and to influence the creation of policy for the benefit of the general public.

The institute's principal areas of research are:  Research about the city of Jerusalem in the following spheres: urban, demographic, social, economic, physical, and geo-political  Research about policy in the spheres of environment and sustainability  Research about policy in the spheres of growth and innovation  Research about Haredi society Negotiating the Future of Jerusalem: An Introduction Executive Summary

Jerusalem Institute for Policy

The Jerusalem Institute for Policy Research Meir Kraus, editor The Hay Elyachar House Israel Kimhi, Lior Lehrs, Kobi Michael, Amnon Ramon, and Yitzhak Reiter 20 Radak St., 9218604 Jerusalem

Tel: 02-5630175 Research Fax: 02-5639814 http://www.jerusaleminstitute.org.il http://www.en.jerusaleminstitute.org.il ‹‡Š—ƒ–‡ƒ‰Œ E-mail: [email protected] 482