Status of Jerusalem

The status of Jerusalem is a big and tricky issue because both Israel and Palestine say it is their capital city. They disagree about who should control the city.

Part of this problem is about who can visit the holy sites of Jerusalem in the Abrahamic religions. The way things are now comes from rules made by the old Ottoman Empire.

When people try to make peace between Israel and Palestine, they often talk about a two-state solution. One big argument is about East Jerusalem. Before 1967, this area was part of Jordanian-annexed West Bank. But then Israel took control in 1967.

The United Nations says that East Jerusalem should belong to a future independent Palestinian state. But most of the world agrees that West Jerusalem is Israel's capital. It has been under Israeli control since the 1949 Armistice Agreements and is inside Israel's area, called the Green Line.

Many countries think West Jerusalem should be Israel’s capital and East Jerusalem should be Palestine’s capital. The United Nations, the European Union, and France agree with this. Russia, part of the Middle East Quartet, already says East Jerusalem is for Palestine and West Jerusalem is for Israel.

Most United Nations member states believe the final status of Jerusalem should be decided by talking. So, they put their embassies for Israel in Tel Aviv until there is an agreement. Only a few countries have their embassies in Jerusalem: the United States, Fiji, Guatemala, Honduras, Papua New Guinea, Paraguay, and Republic of Kosovo.

Background

See also: Timeline of Jerusalem

From 1517 until the First World War, Jerusalem was part of the Ottoman Empire. It was part of the Damascus eyalet until it became an independent sanjak in 1872. During this time, European powers wanted to have influence in the city by protecting Christian holy sites.

After capturing Jerusalem in 1917, the United Kingdom controlled the city. Later, the United Nations suggested making Jerusalem an international city to protect its religious importance for Abrahamic religions. However, after the declaration of the establishment of the State of Israel in 1948, this plan did not happen. In 1967, Israel expanded its control over Jerusalem. Many other countries did not recognize this move.

Prelude: UN resolution from 1947

On 29 November 1947, the United Nations made a plan. The plan was to divide Palestine. The plan said Jerusalem should be a special area. This area would not belong to any country. The United Nations would take care of it. This special area was called a corpus separatum.

Israel

Further information: Reunification of Jerusalem and Jerusalem Law

In 1948, Israel took control of West Jerusalem, and Jordan took control of East Jerusalem. East Jerusalem includes the Old City with important holy places. Israel made Jerusalem its capital in 1949.

In 1967, during a war called the Six-Day War, Israel took East Jerusalem from Jordan and joined it with West Jerusalem.

In 1980, Israel passed a law saying Jerusalem is its unified capital. Israeli leaders want to keep Jerusalem united under Israeli control. In 2018, Israel made it harder to move any part of Jerusalem to another country.

Palestine

See also: Israel–Palestine Liberation Organization letters of recognition and Thawabit

During the British Mandate, the main group for Palestinian Arabs was the Arab Higher Committee, formed in 1936. It was later outlawed and its leaders sent away.

The Palestine Liberation Organization (PLO) started in 1964 to represent the Palestinian people. The Palestinians have always wanted to keep all of the old British Mandate land, including Jerusalem, whole. They now say the "1967 borders" should be the borders of Palestinian territories, and they want East Jerusalem to be part of these territories. The Palestinian National Authority sees East Jerusalem as occupied land and wants it to be the capital of the State of Palestine. They think Jerusalem should be an open city where everyone can worship freely.

In September 2018, the State of Palestine asked the International Court of Justice for help, challenging the U.S. decision to move its embassy to Jerusalem. Palestine says that under international law, Jerusalem cannot be Israeli territory.

United Nations

Further information: Corpus separatum (Jerusalem)

The United Nations thinks East Jerusalem is part of the Israeli-occupied territories. It hopes that one day, Jerusalem will be the capital of both Israel and Palestine. This idea is different from some other United Nations decisions, which suggest Jerusalem should be managed by many countries together.

In 1947, the United Nations suggested a plan where Jerusalem would be a special city managed by the United Nations. This idea was accepted by Jewish leaders but not by Arab leaders. The United Nations still supports this special status for Jerusalem. However, the United Nations does not recognize Israel's declaration that Jerusalem is its capital. The United Nations Security Council has said that Israel's laws making Jerusalem its capital go against international law. The United Nations considers East Jerusalem to be occupied land belonging to Palestine. Many countries and groups, like the European Union, agree with the United Nations that Jerusalem should have a special international status.

European Union

Main articles: Israel–European Union relations and Palestine–European Union relations

The European Union thinks of Jerusalem as a special place that has both East and West Jerusalem, as talked about in United Nations Resolution 181. The EU wants a fair answer for Jerusalem as part of a peaceful deal between Israel and Palestine. They hope the city can be a shared capital for both countries.

The EU says that no changes to Jerusalem’s borders from before 1967 should be accepted unless both sides agree. It also asks for better care for Palestinians living in East Jerusalem, like access to school, doctors, and jobs. The EU wishes for a peaceful future where Israel and Palestine live together, with Jerusalem as a shared capital, as said by Catherine Ashton, High Representative for Foreign Affairs and Security Policy of the European Union.

Organisation of Islamic Cooperation

On December 13, 2017, the Organisation of Islamic Cooperation (OIC) said that East Jerusalem should be the capital of the State of Palestine. The OIC, which includes 57 countries with many Muslim people, asked all nations to recognize both the State of Palestine and East Jerusalem as its capital. They did not talk about West Jerusalem or give Jerusalem any special status.

Location of foreign embassies

After Israel passed the Jerusalem Law in 1980, the UN Security Council asked countries to move their embassies out of Jerusalem. Thirteen countries moved their embassies to Tel Aviv. No international embassy was in Jerusalem again until 2018.

The United States moved its embassy to Jerusalem in 2018, followed by Guatemala and Honduras. Some countries have said they might move their embassies to Jerusalem in the future. Palestinian officials have opposed these moves.

Islamic holy sites

The status of Islamic holy sites in Jerusalem, like Haram Al-Sharif/Temple Mount, is still not fully settled. In 1924, the Supreme Muslim Council chose Hussein bin Ali (Sharif of Mecca) to care for Al-Aqsa.

In 1994, Israel said it would respect Jordan’s special role in Muslim holy places in Jerusalem. The Wakf Department, which takes care of these sites, is run by Jordan. In 2013, the Palestinian Authority also agreed to Jordan’s role through a signed agreement between PA President Mahmoud Abbas and King Abdullah II.

Position of the Vatican

The Vatican wants to protect Christian holy places in Jerusalem. It has been concerned about this since the early 1900s.

In 1947, the United Nations suggested making Jerusalem an international city. The UN would supervise it, so no single country would control it. The Vatican supported this idea. They wanted Jerusalem to be a special place where people of all faiths could visit freely. Several popes have repeated this position, including in 2012. Even after the U.S. recognized Jerusalem as Israel’s capital in 2017, Pope Francis asked that the city's status be respected according to UN resolutions.

French claims in Jerusalem

See also: Protectorate of the Holy See and Fischer-Chauvel Agreement

France claims four important sites in Jerusalem. These sites are the Church of the Pater Noster, the Benedictine monastery in Abu Ghosh, the Tombs of the Kings, and the Church of Saint Anne. France says these places belong to them, but Israel has not said much about this.