The Status of Jerusalem in International and Israeli Law

Key Findings:

This monograph provides a comprehensive examination of the complex and contentious issue surrounding Jerusalem's status. It tackles the political, religious, and legal aspects of the dispute, aiming to shed light on the complexities and challenges involved in resolving this longstanding and deeply rooted conflict. It examines the widespread refusal of most United Nations member states to recognize it as such, despite its unification in 1967. 

The opposition to Israel's claim stems from both political and religious reasons. Many countries cite Israel's alleged disregard for international law and consider its capture of East Jerusalem during the Six-Day War, in which it was taken from Jordan by force, as a violation of the prohibition on annexing foreign territories. Consequently, they view Israel's rule over Jerusalem as illegal.

In response to this view, the monograph challenges the prevailing narrative by presenting legal arguments supporting Israel's sovereignty in Jerusalem. It asserts that Israel gained control of both parts of the city (East and West Jerusalem) as a legitimate response to aggressive actions by Jordan and other Arab states, justifying its actions under the right to self-defense, which is recognized in international law. Additionally, the study highlights that, apart from Pakistan, no country recognized the legality of Jordan's sovereignty over East Jerusalem before Israel's control.

The research also delves into the religious significance of Jerusalem for Judaism, Christianity, and Islam. For Jews, Jerusalem holds immense sanctity due to the Temple Mount, the historical site of the First and Second Jewish Temples, and is considered the holiest place on earth. Similarly, Muslims consider the Temple Mount as the Haram al-Sharif, their third holiest site, where Prophet Muhammad is believed to have ascended to heaven. For Christians, Jerusalem is significant due to events in the life of Jesus, such as the Last Supper and crucifixion.

Despite these religious ties, most Christian countries lack a political interest in Jerusalem and would be content with special status for the Holy Places under international protection. However, they refrain from recognizing Israel's rule over East Jerusalem due to economic and political ties with Arab states and concerns for the well-being of Christian communities in the region.

After Israel's control of East Jerusalem in the Six-Day War, both the Christian and Muslim worlds were deeply affected, leading to a renewed struggle over the city's political future. In an effort to strengthen Jerusalem, Israel expanded West Jerusalem by incorporating Jordanian Jerusalem and surrounding areas, establishing 13 new Jewish neighborhoods. The entire expanded city was recognized as Israel's capital in the Basic Law, but the majority of countries, except for Russia, the United States, and the Czech Republic, do not officially recognize the legality of Israel's rule over East Jerusalem.

To further solidify its position, the study provides a comprehensive legal response to challenge the global rejection of Israel's sovereignty in Jerusalem. It presents historical, national, religious, and legal arguments to support Israel's claims and refute the view that Jerusalem is "occupied territory." The primary objective is to provide a robust case supporting Israel's control over Jerusalem and its unification, countering the prevailing narrative and defending Israel's stance based on legal principles and historical justifications.

The legal statuses of East and West Jerusalem are further analyzed:

(A) In the East Jerusalem arena, focusing on Israel's control and legislation related to the unification of the city. It highlights the various legislative actions taken by Israel to assert its jurisdiction and administration over the unified city, and the events surrounding the Six-Day War in 1967, when Israel gained control of East Jerusalem.

(B) Additionally the events and proclamations that established West Jerusalem as Israel's capital are detailed. Despite these measures, most countries do not officially recognize West Jerusalem as the capital due to ongoing disputes and concerns regarding the legality of Israel's rule over East Jerusalem.

The United States, Russia, and the Czech Republic have taken steps towards recognizing parts of Jerusalem as the capital of Israel. More countries may follow suit in the future.