Basic Law- Jerusalem- Capital of Israel

(Unofficial translation, 30 July 1980)

Jerusalem, Capital of Israel 1. Jerusalem, complete and united, is the capital of Israel.
Seat of the President, the Knesset, the Government
and the Supreme Court
2. Jerusalem is the seat of the President of the State, the Knesset, the Government and the Supreme Court.
Protection of Holy Places 3. The Holy Places shall be protected from desecration and any other violation and from anything likely to violate the freedom of access of the members of the different religions to the places sacred to them or their feelings towards those places.
Development of Jerusalem 4. (a) The Government shall provide for the development and prosperity of Jerusalem and the well-being of its inhabitants by allocating special funds, including a special annual grant to the Municipality of Jerusalem (Capital City Grant) with the approval of the Finance Committee of the Knesset.

(b) Jerusalem shall be given special priority in the activities of the authorities of the State so as to further its development in economic and other matters.

(c) The Government shall set up a special body or special bodies for the implementation of this section.


MENAHEM BEGIN
Prime Minister

YITZCHAK NAVON
President of the State
* Passed by the Knesset on the 17th Av, 5740 (30th July, 1980) and published in Sefer Ha-Chukkim No. 980 of the 23rd Av, 5740 (5th August, 1980), p. 186; the Bill and an Explanatory Note were published in Hatza’ot Chok No. 1464 of 5740, p. 287.


Original web pages from The Knesset and from the Israel Ministry of Foreign Affairs.

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Jerusalem in maps

Jerusalem during the British Mandate and the plan for an internationalized Greater Jerusalem – Corpus Separatem
JerusalemCorpusSeparatum

The Municipality of Jerusalem – 1949 through 1993

JerusalemMuniMapPng

Reunited Eastern and Western JerusalemJerusalemConsulateGeneral.png

 

The Jerusalem Governate according to the PA

JerusalemDistrictPA-Png

Maps have been digitally altered by Nesanel Segal from the source versions.

Actually moving the U.S. Embassy from Tel Aviv to Jerusalem

When the U.S. Department of State says that it is moving its Embassy to the State of Israel from Tel Aviv to Jerusalem, it’s unlikely to become anything more than a superficial, perfunctory presence. Most embassy services will likely remain in Tel Aviv, and most employees will also remain there. Furthermore, the U.S. State Department is unlikely to go ahead and actually build the facilities for an embassy although it may acquire land. (Land that was scouted out for an embassy campus has been ruled out because it was too small to be safe. See my post “Land once earmarked for the U.S. Embassy in Jerusalem.”)

While the U.S. Embassy to Israel only goes back to the founding of the state in 1948, the city of Jerusalem has had its own Consulate General that was established in 1844 as an American diplomatic presence in the Holy City. This diplomatic mission was elevated to the status of Consulate General in 1928 during the period when Britain was mandated by the League of Nations to administer the lands of Palestine. At that time, the city of Jerusalem was undivided. The State Department located the Consulate General on Agron Street, slightly more than one half mile (walking along city streets) (about 850 meters) from the walled city’s Jaffa Gate.

At the end of the Arab-Israeli War of 1948, an annex to the Consulate General was housed in as neutral an address as possible, neutral regarding the Arab-Israeli conflict. Its location was just east of the Jordan-Israel Armistice line near the only checkpoint between Israel and the West bank, the crossing at the Mandelbaum Gate. This location of the annex to the Consulate General is a short walk to the Old City’s Damascus Gate, about one-third mile (530m).

The annex of the Consulate General moved to new, expanded facilities in 2010, a six-acre (24 dunam) campus near the Arnona neighborhood, again in as neutral a location as possible. This campus straddles the western armistice line, thereby placing the Consulate annex on what had partly been no man’s land until 1967.

“The Consulate General represents the United States in Arab Jerusalem [sic], the West Bank, and the Gaza Strip as an independent mission.” Its role has become, in the words of the Public Affairs Section of the U.S. Consulate General, “… the public diplomacy arm of the U.S. Consulate, [with] primary goals … to support the peace process between Palestinians and Israelis….” (“Public Affairs Section | U.S. Consulate General in Jerusalem.”)

We’ve seen how the United States has maintained a Consulate General to Jerusalem for 170 years. It has answered directly to the State Department as an independent mission but not to an embassy as most consulates do. With one quick decision of President Trump’s, the annex of the Consulate General will begin to function as an embassy. Consular services to Jerusalem will resort to the cramped, outdated facility on Agron Street. About 580 staffers now work in consular services in the annex whereas about 960 staffers work in Tel Aviv (Taylor).

President Donald Trump has reversed a foreign policy in the region that dates back to 1948. What has the U.S. Department of State known about a new embassy in Jerusalem? Probably next to nothing until President Trump made his February determination known. Evidence of this lies in how the Consulate General has yet to formulate solicitations for adaptations of existing offices for new uses. (See “Request for Quotes”.)

How much did Secretary of State Rex Tillerson know about a move in upcoming May?

As recently as last December, “Secretary of State Rex Tillerson seemed to concede that the move [of the Embassy] won’t be easy and that the process of finding a new plot of land would begin immediately. ‘Obviously, there’s a lot of planning that goes into it,’ Tillerson [former CEO of ExxonMobil] told reporters…. ‘It’s going to take some time.’”

A rash change during the Trump administration is not unexpected, though. The Washington Post’s chief correspondent Dan Balz notes, “[President Trump] pledged not to be predictable or conventional. He demonstrated that he has no fixed ideology or conviction.”

Trump has shown repeatedly he is prepared to ignore orthodoxy and question policies that other administrations have accepted as constants. (Balz. “Trump promised …”)

I believe that the May date will be marked by ceremony. Political implications will arrive and, subsequently, not go away. Moving the embassy establishes another “fact on the ground” which will frustrate Palestinian desires to include eastern Jerusalem in a Palestinian state.

Postscript:

Secretary of State Rex Tillerson was just relieved of his post as I was writing this essay. He is beginning to tie up loose ends and will leave the State Department on March 31, 2018. He reportedly alienated State Department colleagues during his tenure as being a poor advocate for the State Department. His replacement, Mike Pompeo (if confirmed), is expected to repair damage. Nonetheless, career diplomats may be reluctant to accept Pompeo’s thought process, a process “very similar” to President Trump’s – a disdain for diplomacy (DeYoung. “Pompeo will face …”).
I’ve seen no evidence that moving the U.S. Embassy from Tel Aviv to Jerusalem is diplomatic – certainly not toward Palestinians and other Arabs.

Sources and References

Associated Press. “Guatemala’s Israel embassy to move to Jerusalem in mid-May.” The Washington Post, The Americas, March 5, 2018. Retrieved March 13, 2018.

Balz, Dan. “Trump promised this kind of presidency — unpredictable, ad hoc and impulsive.” The Washington Post, Politics • Perspective, March 10, 2018. Retrieved March 13, 2018.

DeYoung, Karen and John Hudson. “Pompeo will face a host of foreign policy challenges if confirmed as secretary of state.” The Washington Post, National Security, March 13, 2018. Retrieved March 13, 2018, 8:30 PM CDT.

Ignatius, David. “Tillerson’s departure removes another check on an impulsive Trump.” The Washington Post, Post Partisan • Opinion, March 13, 2018. Retrieved March 13, 2018, 6:14 PM CDT.

Kontorovich, Eugene. “What Trump not signing a Jerusalem embassy waiver would really mean.” The Washington Post, The Volokh Conspiracy  • Opinion, May 30, 2017.

Mann, Amir and Ami Shinar, architects & planners. “U.S. Consulate General Annex, Jerusalem.” Web page, retrieved March 13, 2018.

Nauert, Heather, U.S. State Department Spokesperson. “Opening of U.S. Embassy Jerusalem.” Press Statement. Washington, D.C., February 23, 2018. Retrieved March 8, 2018.

Rubin, Jennifer. “Tillerson is put out of his misery.” The Washington Post, Right Turn • Opinion, March 13, 2018. Retrieved March 8, 2018, 5:55 PM CDT.

Taylor, Adam. “Where would a U.S. Embassy in Jerusalem actually go?” The Washington Post, WorldViews • Analysis, December 7, 2017. Retrieved March 2018.

Tillerson, Rex W., U.S. Secretary of State. “Remarks in Press Briefing Room.” Remarks. Washington, D.C., March 13, 2018. Retrieved March 13, 2018.

U.S. Consulate General Jerusalem.” Web Page, retrieved March 13, 2018.

The United States May Really Move Its Embassy to Jerusalem

A U.S. Department of State spokesperson announced on February 23rd, according to The Washington Post, that the United States will move its embassy to Jerusalem in May 2018.

You can view this article in The Washington Post, “National Security,” February 23rd, 2018.

Also, see the actual press statement from the U.S. State Department.

My earlier post expressed skepticism about a move of the embassy to Israel’s capital city.

Waiting to see …

Vice President Mike Pence tells Israel’s Knesset, “the U.S. will support a two-state solution”

Remarks | Foreign Policy

Issued on: January 22, 2018

The Knesset – Israel’s parliament
Jerusalem, Israel *

“And President Trump reaffirmed that, if both sides agree, the United States of America will support a two-state solution.”

Arabs rejected the two-state proposal in 1948-49 when the Arab Legion invaded Palestine just before the British Mandate ended. Then, the Kingdom of Jordan annexed the West Bank, Eastern Jerusalem, and the walled Old City of Jerusalem.

The “two-state solution” became the State of Israel and the Kingdom of Jordan. Everything since then has been bluster by Arabs before they drive all Jews into the sea.

Driving Jews into the sea – the Mediterranean – may be literal. On the other hand, it seems to hearken back to the days of Salah ad-Din  (Saladin) who drove Crusaders “into the sea” – back to Europe. This subtlety seems to be lost on literal-minded Arabs who don’t want to see Jews when they look out their windows.

Pence addresses Israel’s Knesset – video from The Washington Post

The White House’s text of Mr. Pence’s speech.

_____________

* Jerusalem – Israel’s capital since 1948

Land once earmarked for the U.S. Embassy in Jerusalem

Area where the U.S. Embassy could have been built. Note several parcels of land that are still undeveloped. The western parcel is on Israel’s side of the 1949 Armistice Line. The Israeli President’s House, Beit Hanatziv, is nearby on Hebron Road.

This map, below, identifies the location of land that was once earmarked for the U.S. Embassy.

JerusalemConsulateGeneral

In theory, there is land in Jerusalem set aside for a new U.S. Embassy. On President Ronald Reagan’s last day in office in [January] 1989, then-U.S. Ambassador to Israel William Brown signed a contract for a patch of land in West[ern] Jerusalem for $1 a year on a 99-year lease. This space [7 to 14 acres in the Talpiot neighborhood] was later zoned for “diplomatic purposes” by the Israeli government with the intention of building a U.S. Embassy there.

Although it was initially hoped during the 1990s that a U.S. Embassy could sit there, after the al-Qaeda bombings of U.S. embassies in Tanzania and Kenya in 1998, new safety standards were put in place that require embassies to be set back 100 feet from any adjacent roads due to the risk of car bombs and other attacks. “With the new rules, that land is not big enough,” Shapiro said. For context, the space in Talpiot is seven to 14 acres, according to different sources, while the new U.S. Embassy in Lebanon sits on 43 acres.

From The Washington Post
By Adam Taylor | December 7, 2017

From: Nesanel –

Note, though, that the vacant western parcel lies entirely within pre-1967 Jerusalem. However, the new Consulate General Annex lies in what was no man’s land. The entire area on the maps was annexed by Israel into the City of Jerusalem shortly after the 1967 Six Day War.

The U.S. has had a consulate general in Jerusalem since 1844.

See Wikipedia , “Consulate General of the United States, Jerusalem,” and “Jerusalem Embassy Act.”

The ‘Two State Solution’ Died in 1949

The idea of an independent Palestinian state west of the Jordan River died when the Arab Legion invaded the West Bank in 1948. The land westward from the Jordan River to the Mediterranean was supposed to be divided into two states. One would be a Jewish state and the other would be an Arab state for those who were living there.

War was out of the question. The United Nations’ plan included the directive that both states would engage in economic cooperation – actually an Economic Union.

This plan was the United Nations Partition Plan for when Britain left the region. The plan arguably had the status of international law. The Security Council’s resolution concerned Britain. It set forth how the region that was mandated to the British to administer would look like when the British left. Britain tried (arguably) to set up the partition and to establish the outcome.

However, the Arab Legion violated this international law when it attacked Israel. Then, the Kingdom of Jordan annexed the West Bank – a new violation of international law.

The international community had helped Israel and Jordan negotiate an armistice in 1949. Since both sides agreed, the cease fire had the force of international law also.

The next time that the parties reached an agreement – negotiated by outsiders – was in 1993 through 1995. This was the Oslo Accords. These accords, which were signed by representatives of the Palestinians and of Israel, is the last word of international law.

UN resolutions passed by its Security Council arguably do not have the force of law. The United Nations is fulfilling its obligation to promote peace and security. It’s not unusual for effective parties to disdain peace and security.

Another event bears discussing. The International Court of Justice – commonly referred to as the World Court – is the principal judicial organ of the United Nations. However, it tries to resolve disputes wherein both parties agree to appear. It is out of the question for the Court to rule unilaterally.

To repeat. The Oslo Accords are the only agreement, the only law between Palestinians and Israel.

Palestinians cannot justifiably complain that they are living in cantons. Their representative signed off on this.

They have a right and obligation to regulate life in what are called Areas A and B. Only Israel has the right to regulate life and to develop new housing, industry, and parks in Area C.

If Palestinians wished to pick up where things stood in the middle 2000s everything could go back onto the negotiating table.

However, this is so unlikely that I can relax, heat up some water, and relax drinking hot tea with sugar. The ‘Two State Solution’ is dead.