Jerusalem is divided into Occupied East Jerusalem and West Jerusalem and should be referenced as such. Referring to the two sectors as simply "Jerusalem" is inaccurate and is not in accordance with international law or the policies of the United Nations, the United States or the European Union. A failure to accurately reference Occupied East Jerusalem and West Jerusalem misleads audiences and denies them the ability to accurately understand the current political situation.
History:
- According to the United Nations Partition Plan of 1947 that legitimized the creation of the State of Israel, the areas which are now East and West Jerusalem, were to be a "corpus separatum" under an international regime.
- Following the end of the British Mandate and the 1948 War, Israel occupied West Jerusalem but was prevented by Jordan from occupying East Jerusalem (including the Old City). [1]
- In June 1967, Israel occupied the Gaza Strip, the West Bank (including East Jerusalem) and subsequently announced the "unification" of the city; giving birth to the Israeli-sponsored modern myth of Jerusalem as the "eternal undivided capital of Israel."
- In 1980, the Israeli government in effect annexed East Jerusalem by passing a "Basic Law" in which it extended Israeli jurisdiction to that occupied portion of the city.
International Law: "inadmissibility of Acquisition of territory by force"
Customary international law, as reflected in the United Nations charter (Article 2, paragraph 4), rejects the admissibility of acquisition of territory by force and consequently, Israel's annexation and authority over East Jerusalem is illegal under international law.
UN Position on East Jerusalem:
The United Nations recognizes East Jerusalem as occupied territory (subject to the provisions of the Fourth Geneva Convention) and consequently rejects Israeli sovereignty over East Jerusalem:
- United Nations Security Council Resolution (UNSCR) 242 of 1967 calls for the:
"Withdrawal of Israel armed forces from territories occupied in the recent conflict."
- UNSCR 252 of 1968 states that the Security Council:
"Considers that all... actions taken by Israel... which tend to change the legal status of Jerusalem are invalid and cannot change that status."
- UNSCR 476 of 1980 states that the Security Council:
"Reconfirms that all... actions taken by Israel, the occupying Power, which purport to alter the character and status of... Jerusalem have no legal validity and constitute a flagrant violation of the Geneva Convention relative to the Protection of Civilian Persons in Time of War and also constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East."
U.S. Position on East Jerusalem:
Official U.S. policy does not recognize Israel's annexation of East Jerusalem. The official U.S. position is embodied in the U.S. Letter of Assurances to the Palestinians of October 1991, part of the official record of the Madrid Peace Conference. In part, it reads:
The United States understands how much importance Palestinians attach to the question of east Jerusalem... It remains the firm position of the United States that Jerusalem must never again be a divided city and that its final status should be decided by negotiations. Thus, we do not recognize Israel's annexation of East Jerusalem or the extension of its municipal boundaries, and we encourage all sides to avoid unilateral acts that would exacerbate local tensions or make negotiations more difficult or preempt their final outcome.
EU Position on East Jerusalem:
Official European Union policy regards East Jerusalem as Occupied Territory and rejects Israeli claims of sovereignty over East Jerusalem. In a Declaration by the EU Council of Ministers on October 1, 1996, the EU declared that:
East Jerusalem is subject to the principles set out in UN Security Council Resolution 242, notably the inadmissibility of the acquisition of territory by force and is therefore not under Israeli sovereignty. The Union asserts that the Fourth Geneva Convention is fully applicable to East Jerusalem, as it is to other territories under occupation.
[1]
Indeed, Israel lacks legitimate sovereignty over West Jerusalem given that West Jerusalem was not part of the Jewish State envisioned by the UN Partition Plan of 1947. Almost all states, including the United States, regard Israel as exercising only de facto authority over West Jerusalem.
