Status of Jerusalem

The status of Jerusalem has been described as "one of the most intractable issues in the Israeli–Palestinian conflict" due to the long-running territorial dispute between Israel and Palestine, both of which claim it as their capital city. Part of this issue of sovereignty is tied to concerns over access to the holy sites of Jerusalem in the Abrahamic religions; the current religious environment in Jerusalem is upheld by the "Status Quo" of the former Ottoman Empire. As the Israeli–Palestinian peace process has primarily navigated the option of a two-state solution, one of the largest points of contention has been East Jerusalem, which was part of the Jordanian-annexed West Bank until the beginning of the Israeli occupation in 1967.

The United Nations recognizes East Jerusalem (and the West Bank as a whole) as the territory for an independent Palestinian state, thus rejecting Israel's claim to that half of the city. There is broader consensus among the international community with regard to West Jerusalem being Israel's capital city, as it falls within Israel's sovereign territory (per the Green Line) and has been recognized as under Israeli control since the 1949 Armistice Agreements.

Most countries and organizations support that West Jerusalem and East Jerusalem should be allocated as capital cities to the Israelis and the Palestinians, respectively; this position has been endorsed by the United Nations, the European Union, and France, among others. Russia, which is a member of the Middle East Quartet, already recognizes East Jerusalem as the Palestinian capital and West Jerusalem as the Israeli capital.

The majority of United Nations member states hold the view that the city's final status should be resolved through negotiations and have therefore favoured locating their embassies to Israel in Tel Aviv, pending a final status agreement. Six countries have embassies to Israel in Jerusalem: the United States, Fiji, Guatemala, Honduras, Papua New Guinea, Paraguay, and the disputed 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 tried to gain influence in the city, often 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, following the Six-Day War, Israel expanded its control over Jerusalem, a move that was not recognized by many other countries.

Prelude: UN resolution from 1947

On 29 November 1947, the UN General Assembly passed a resolution as part of its plan to divide Palestine. This resolution suggested making Jerusalem a special international area, separate from any country, and under the care of the United Nations, known as a corpus separatum.

Israel

Further information: Reunification of Jerusalem and Jerusalem Law

During the 1948 Arab–Israeli War, Israel took control of West Jerusalem while Jordan took control of East Jerusalem, including the Old City where many holy places are found. Israel declared Jerusalem its capital in 1949. In 1967, during the Six-Day War, Israel took East Jerusalem from Jordan and later merged it with West Jerusalem.

In 1980, Israel passed a law declaring Jerusalem its unified capital. Israeli leaders have generally supported keeping Jerusalem as a united city under Israeli control, though some have considered possible divisions during peace talks. In 2018, Israel made it harder to transfer 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 representing Palestinian Arabs was the Arab Higher Committee, formed in 1936. It was later outlawed and its leaders deported. There was strong support for Arab control of Jerusalem at that time.

The Palestine Liberation Organization (PLO) was established in 1964 to represent the Palestinian people. The Palestinians have always rejected dividing any part of the former British Mandate territory, including Jerusalem. They now claim the "1967 borders" as the borders of Palestinian territories, and include East Jerusalem as part of these territories. The Palestinian National Authority views East Jerusalem as occupied Palestinian territory and claims it as the capital of the State of Palestine. They believe Jerusalem should be an open city where everyone can worship freely.

In September 2018, the State of Palestine brought a case before the International Court of Justice, Palestine v. United States of America, challenging the U.S. decision to move its embassy to Jerusalem. Palestine argues that under international law, Jerusalem cannot be considered Israeli territory.

United Nations

Further information: Corpus separatum (Jerusalem)

The United Nations sees East Jerusalem as part of Israeli-occupied territories. It hopes that one day, Jerusalem will be the capital of both Israel and Palestine. This idea differs 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 has continued to support 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 sees Jerusalem as a special area that includes both East and West Jerusalem, as described in United Nations Resolution 181. It supports finding a fair solution for Jerusalem as part of a peaceful agreement between Israel and Palestine, where the city could serve as a shared capital for both nations.

The EU believes that no changes to Jerusalem’s borders from before 1967 should be recognized unless both sides agree. It also asks for better treatment of Palestinians living in East Jerusalem, including access to education, health services, and work permits. The EU hopes for a peaceful future where both Israel and Palestine live side by side, with Jerusalem as a shared capital, as stated 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), made up of 57 countries with mostly Muslim populations, announced that East Jerusalem should be the capital of the State of Palestine. They asked all nations to recognize both the State of Palestine and East Jerusalem as its occupied capital. This statement did not discuss West Jerusalem or mention any special separate status for Jerusalem.

Location of foreign embassies

After Israel passed the Jerusalem Law in 1980, the UN Security Council adopted Resolution 478, calling on countries to move their diplomatic missions out of Jerusalem. Thirteen countries moved their embassies to Tel Aviv. No international embassy was located 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, saying they break international law.

Islamic holy sites

The status of Islamic holy sites in Jerusalem, such as Haram Al-Sharif/Temple Mount, remains unresolved. In 1924, the Supreme Muslim Council named Hussein bin Ali (Sharif of Mecca) as the custodian of Al-Aqsa.

In 1994, Israel agreed to respect Jordan’s special role in Muslim holy shrines in Jerusalem and promised to prioritize this role in future talks. The Wakf Department, which looks after these sites, is controlled 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 has long been concerned with protecting Christian holy places in Jerusalem. Its position dates back to treaties made in the early 1900s, which aimed to keep these important religious sites safe for all communities.

In 1947, the United Nations suggested making Jerusalem an international city, supervised by the UN, so that no single country would control it. The Vatican supported this idea, wanting Jerusalem to be a special place where people of all faiths could visit freely. This position was repeated by several popes and again 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 has claimed four important sites in Jerusalem based on historical rights and agreements before Israel was formed. These sites include the Church of the Pater Noster, the Benedictine monastery in Abu Ghosh, the Tombs of the Kings, and the Church of Saint Anne. French leaders have said that these places are under French protection and belong to the French government, but the Israeli government has not officially responded to these claims.