Status of Jerusalem
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The status of Jerusalem is disputed in both international law and diplomatic practice, with both the Israelis and Palestinians claiming Jerusalem as their capital city.[1][2][3][4] The dispute has been described as "one of the most intractable issues in the Israel–Palestine conflict", with conflicting claims to sovereignty over the city or parts of it, and access to its holy sites.[5] The main dispute revolves around the legal status of East Jerusalem and especially the Old City of Jerusalem, while broader agreement exists regarding future Israeli presence in West Jerusalem in accordance with Israel's internationally recognised borders.[1] The majority of United Nations (UN) member states hold the view that the final status of Jerusalem should be resolved through negotiation, and have therefore favored locating their embassies in Tel Aviv prior to a final status agreement. However, in recent years the international consensus to abstain from expressing a viewpoint on the city's final status has shown signs of fragility, with Russia, the United States and Australia adopting new policy positions. Furthermore, the proposal that Jerusalem should be the future capital of both Israel and Palestine has also gained international support,[6] with endorsements coming from both the United Nations[7][8] and the European Union.[9][10]
Contents
1 Background
2 Israel
3 Palestine
4 United Nations
5 European Union
6 Organisation of Islamic Cooperation
7 Location of foreign embassies
7.1 Russia
7.2 United States
7.3 China
7.4 United Kingdom
7.5 France
8 Other G20 countries
8.1 Other countries
9 See also
10 References
Background
Jerusalem municipal area
From the end of the Ottoman–Mamluk War in 1517 until the First World War, Jerusalem was part of the Ottoman Empire. Since the 1860s, Jews have formed the largest religious group in the city and since around 1887, Jews have been in the majority.[11] In the 19th century, European powers vied for influence in the city, usually on the basis of extending protection over Christian churches and Holy Places. A number of these countries also established consulates in Jerusalem. In 1917 and following the First World War, Great Britain was in control of Jerusalem; from 1923 as part of the Mandate of Palestine. The principal Allied Powers recognized the unique spiritual and religious interests in Jerusalem among the world's three great monotheistic religions as "a sacred trust of civilization",[12][13] and stipulated that the existing rights and claims connected with it be safeguarded in perpetuity, under international guarantee.[14]
However, the Arab and Jewish communities in Palestine were in mortal dispute and Britain sought United Nations assistance in resolving the dispute. In November 1947, the United Nations General Assembly adopted the United Nations Partition Plan for Palestine (Resolution 181), which called for the partition of Palestine into Arab and Jewish states, with Jerusalem being established as a corpus separatum, or a "separated body" with a special legal and political status, administered by the United Nations.[15] Jewish representatives accepted the partition plan, while representatives of the Palestinian Arabs and the Arab states rejected it, declaring it illegal.[1]
In May 1948, the Jewish community in Palestine issued the declaration of the establishment of the State of Israel. Israel became a member of the United Nations the following year and has since been recognised by most countries.[16] The countries recognizing Israel did not recognize its sovereignty over Jerusalem generally, citing the UN resolutions which called for an international status for the city.[17]
With the declaration of the establishment of the State of Israel and the subsequent invasion by surrounding Arab states, the UN proposal for Jerusalem never materialised. The 1949 Armistice Agreements left Jordan in control of the eastern parts of Jerusalem, while the western sector was held by Israel.[18] Each side recognised the other's de facto control of their respective sectors.[19] The Armistice Agreement, however, was considered internationally as having no legal effect on the continued validity of the provisions of the partition resolution for the internationalisation of Jerusalem.[20] In 1950, Jordan annexed East Jerusalem as part of its larger annexation of the West Bank. Though the United Kingdom and Pakistan recognized Jordanian rule over East Jerusalem,[21] no other country recognized either Jordanian or Israeli rule over the respective areas of the city under their control.[18]
Following the Six-Day War of 1967, Israel declared that Israeli law would be applied to East Jerusalem and enlarged its eastern boundaries, approximately doubling its size. The action was deemed unlawful by other states who did not recognize it. It was condemned by the UN Security Council and General Assembly which described it as an annexation and a violation of the rights of the Palestinian population. In 1980, Israel passed the Jerusalem Law, which declared that "Jerusalem, complete and united, is the capital of Israel".[22] The Security Council declared the law null and void in Resolution 478, which also called upon member states to withdraw their diplomatic missions from the city. The UN General Assembly has also passed numerous resolutions to the same effect.[23][24][25]
Israel
Israel's parliament
Israel took control of West Jerusalem during the 1948 Arab–Israeli War, while Jordan had taken control of East Jerusalem (including the walled Old City in which most holy places are located).[18] Israel rejected corpus separatum at the Lausanne Conference of 1949 and instead indicated a preference for a division of Jerusalem into Jewish and Arab zones, and international control and protection only for holy places and sites.[26][27] Also in 1949, as the UN General Assembly began debating the implementation of its decision of 29 November 1947 regarding the establishment of Jerusalem as a separate international entity under the auspices of the United Nations, Israel declared Jerusalem Israel's "eternal capital".[28][29]
After Israel conquered East Jerusalem from Jordan in 1967 during the Six-Day War, which it characterised as self-defence, Israel also argued that it had the stronger right to the city.[18] Israel argued that Jordan had no rights to any land west of the Jordan River, and had taken the West Bank and East Jerusalem by an act of aggression and therefore never acquired sovereignty.[30][31] Following its conquest of East Jerusalem in 1967, Israel merged East Jerusalem with West Jerusalem by administratively extending the municipal boundary of the city.
In July 1980, the Knesset passed the Jerusalem Law as part of the country's Basic Law, which declared Jerusalem the unified capital of Israel.[32]
According to a 1999 statement by the Israeli Ministry of Foreign Affairs, "There is no basis in international law for the position supporting a status of 'corpus separatum' (separate entity) for the city of Jerusalem."[33] In the view of the ministry, the concept of corpus separatum became irrelevant after the Arab states rejected the United Nations Partition Plan for Palestine and invaded the newly created state of Israel in 1948. Accordingly, the ministry states, "There has never been any agreement, treaty, or international understanding which applies the 'Corpus Separatum' concept to Jerusalem."[33]
Positions on the final status of Jerusalem have varied with different Israeli governments. The Oslo Accords declared that the final status of Jerusalem would be negotiated, but Israeli Prime Minister Yitzhak Rabin declared that he would never divide the city. In 1995, he told a group of school children that "if they told us peace is the price of giving up a united Jerusalem under Israeli sovereignty, my reply would be 'let's do without peace'". This position was upheld by his successor, Benjamin Netanyahu. Netanyahu's successor, Ehud Barak, during negotiations, became the first Israeli Prime Minister to allow for a possible division of Jerusalem, despite his campaign promises.[34] Prime Minister Ehud Olmert vowed to keep Jerusalem the "undivided, eternal capital of the Jewish people",[35] but later supported the detachment of several Arab neighborhoods from Israeli sovereignty and the introduction of an international trust to run the Temple Mount. When Netanyahu succeeded Olmert, he declared that "all of Jerusalem would always remain under Israeli sovereignty" and that only Israel would "ensure the freedom of religion and freedom of access for the three religions to the holy places".[36] These statements seem to closely reflect Israeli public opinion. According to a 2012 poll by the Jerusalem Center for Public Affairs, 78% of Jewish voters who responded said that they would reconsider voting for any politician that wants to relinquish Israel's control over the Old City and East Jerusalem.[37]
On 17 May 2015, Prime Minister Netanyahu reiterated, regarding Jerusalem serving as the capital of both Israel and a future Palestinian state, "Jerusalem has forever been the capital of only the Jewish people and no other nation."[38] On 2 January 2018 Israel passed into law new legislation that requires the two-thirds majority support of the Knesset for any section of Jerusalem to be transferred to a foreign government.[39] On 25 January 2018, Netanyahu repeated the previous government position but seemed to alter the position, reportedly saying: "Under any peace agreement the capital of Israel will continue to be in Jerusalem." (stress added)[40]
Palestine
Until the Oslo Accords in 1993, and the Letters of Mutual Recognition, the Palestinian leadership had at all times rejected any partition of any part of the former British Mandate territory. However, while they had previously rejected the UN's internationalisation plan,[41] most of the Arab delegations at the Lausanne Conference of 1949 accepted a permanent international regime (called corpus separatum) under United Nations supervision as proposed in Resolutions 181 and 194,[42] and objected to Israel moving to (West) Jerusalem its national institutions, namely the Knesset, the presidential, legislative, judicial and administrative offices.
The Palestinian leadership now claims the "1967 borders" as the borders of the Palestinian territories, and includes East Jerusalem as part of these territories. Despite recognition of Israel, and its support in 1949 of corpus separatum, it had never conceded sovereignty of Jerusalem. In the Israel–Jordan peace treaty, Jordan conceded all claims to the West Bank, including Jerusalem, other than the Muslim holy places.
The Palestinian National Authority views East Jerusalem as occupied Palestinian territory, in line with UNSC Resolution 242. The PNA claims all of East Jerusalem, including the Temple Mount, as the capital of the State of Palestine, and claims that West Jerusalem is also subject to final status negotiations, but is willing to consider alternative solutions, such as making Jerusalem an open city. In the Palestine Liberation Organization's Palestinian Declaration of Independence of 1988, Jerusalem is called the capital of the State of Palestine. In 2000 the Palestinian Authority passed a law designating the city as such, and in 2002 this law was ratified by Chairman Yasser Arafat.[43] The official position of the PNA is that Jerusalem should be an open city, with no physical partition and that Palestine would guarantee freedom of worship, access and the protection of sites of religious significance.[44]
United Nations
The United Nations considers East Jerusalem to be part of Israeli-occupied territories or occupied Palestinian territory.[45][46] It envisions Jerusalem eventually becoming the capital of two states, Israel and Palestine.[47]
United Nations General Assembly resolution 181 (II), passed on 29 November 1947, provided for the full territorial internationalisation of Jerusalem: "The City of Jerusalem shall be established as a corpus separatum under a special international regime and shall be administered by the United Nations."[48] The resolution received the consent of the Jewish leadership in Palestine, but it was rejected by the Arabs.[29] This position was restated in the wake of the 1948 Arab–Israeli War in UN General Assembly Resolution 303(IV) of 1949. According to a 1979 report prepared for and under the guidance of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, it would appear that the United Nations has maintained the principle that the legal status of Jerusalem is that of a corpus separatum.[49]
The United Nations General Assembly does not recognize Israel's proclamation of Jerusalem as the capital of Israel, which is, for example, reflected in the wording of General Assembly Resolution 63/30 of 2009 which states that "any actions taken by Israel, the occupying Power, to impose its laws, jurisdiction and administration on the Holy City of Jerusalem are illegal and therefore null and void and have no validity whatsoever, and calls upon Israel to cease all such illegal and unilateral measures."[50]
Although the General Assembly cannot pass legally binding resolutions over international issues, the United Nations Security Council, which has the authority to do so, has passed a total of six Security Council resolutions on Israel on the matter, including UNSC resolution 478 which affirmed that the enactment of the 1980 Basic Jerusalem Law declaring unified Jerusalem as Israel's "eternal and indivisible" capital, was a violation of international law. The resolution advised member states to withdraw their diplomatic representation from the city. The Security Council, as well as the UN in general, has consistently affirmed the position that East Jerusalem (but not west Jerusalem) is occupied Palestinian territory subject to the provisions of the Fourth Geneva Convention. The International Court of Justice in its 2004 Advisory opinion on the "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory" described East Jerusalem as "occupied Palestinian territory".[46]
Many UN member states formally adhere to the UN proposal that Jerusalem should have an international status, as outlined in General Assembly Resolution 181 (II).[51] The European Union has also followed the UN's lead in this regard, declaring Jerusalem's status to be that of a corpus separatum, or an international city to be administered by the UN.[52][53] On the other hand, and inconsistent with the status of corpus separatum, the UN has designated East Jerusalem occupied Palestinian territory.[54] China recognizes East Jerusalem as the capital of Palestine.[55]
The UN has never revoked resolutions 181 and 194, and maintains the official position that Jerusalem should be placed under a special international regime.[56] Nevertheless, Secretary-General Ban Ki-moon said on 28 October 2009 that Jerusalem must be the capital of both Israel and Palestine.[57]
European Union
The European Union currently views the status of Jerusalem as that of a corpus separatum including both East and West Jerusalem as outlined in United Nations Resolution 181.[46][58][59] In the interest of achieving a peaceful solution to the Arab–Israeli conflict, it believes a fair solution should be found regarding the issue of Jerusalem in the context of the two-state solution set out in the Road Map. Taking into account the political and religious concerns of all parties involved, it envisions the city serving as the shared capital of Israel and Palestine.[60][61]
The EU opposes measures which would prejudge the outcome of permanent status negotiations on Jerusalem, basing its policy on the principles set out in UN Security Council Resolution 242, notably the impossibility of acquisition of territory by force. It will not recognise any changes to pre-1967 borders with regard to Jerusalem, unless agreed between the parties. It has also called for the reopening of Palestinian institutions in East Jerusalem, in accordance with the Road Map, in particular Orient House and the Chamber of Commerce,[62] and has called on the Israeli government to "cease all discriminatory treatment of Palestinians in East Jerusalem, especially concerning work permits, access to education and health services, building permits, house demolitions, taxation and expenditure."[63]
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The European Union set out its position in a statement of principles last December. A two-state solution with Israel and Palestine side by side in peace and security. A viable state of Palestine in the West Bank, including East Jerusalem, and the Gaza Strip, on the basis of the 1967 lines. A way must be found to resolve the status of Jerusalem as the future capital of both Israel and Palestine.
— Catherine Ashton, High Representative for Foreign Affairs and Security Policy of the European Union[64]
Organisation of Islamic Cooperation
On 13 December 2017, the Organisation of Islamic Cooperation (OIC), consisting of 57 primarily Muslim countries, declared East Jerusalem as the capital of the State of Palestine and invited “all countries to recognise the State of Palestine and East Jerusalem as its occupied capital.”[65][66][67] The declaration makes no mention of Jerusalem as corpus separatum, nor makes any reference to West Jerusalem.
Location of foreign embassies
After Israel passed the Jerusalem Law in 1980, the UN Security Council adopted Resolution 478, which called upon UN member states to withdraw their diplomatic missions from the city. Thirteen countries — Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, the Netherlands, Panama, Uruguay and Venezuela — moved their embassies from Jerusalem primarily to Tel Aviv. Costa Rica and El Salvador moved theirs back to Jerusalem in 1984. Costa Rica moved its embassy back to Tel Aviv in 2006 followed by El Salvador a few weeks later.[68][69] No international embassy remained in Jerusalem, although Bolivia had its embassy in Mevasseret Zion, a suburb 10 kilometres (6.2 mi) west of the city, until relations were severed in 2009.[70][71]
Various countries recognized Israel as a state in the 1940s and 1950s, without recognizing Israeli sovereignty over West Jerusalem. There is an international sui generis consular corps in Jerusalem. It is commonly referred to as the "Consular Corps of the Corpus Separatum". The states that have maintained consulates in Jerusalem say that it was part of Mandate Palestine, and in a de jure sense has not since become part of any other sovereignty.[20] The Netherlands maintains an office in Jerusalem serving mainly Israeli citizens. Other foreign governments base consulate general offices in Jerusalem, including Greece, Spain, the United Kingdom and the United States.[citation needed] Since the President of Israel resides in Jerusalem and confirms the foreign diplomats, the ambassadors have to travel from Tel Aviv to Jerusalem to submit letters of credentials upon being appointed.
Russia
In a surprise policy shift, on 6 April 2017 the Russian Ministry of Foreign Affairs issued a statement saying, "We reaffirm our commitment to the UN-approved principles for a Palestinian-Israeli settlement, which include the status of East Jerusalem as the capital of the future Palestinian state. At the same time, we must state that in this context we view West Jerusalem as the capital of Israel."[72] Some commentators interpreted this as a Russian recognition of Israel's claim to West Jerusalem,[73][74][75] while others understood the statement as a Russian intention to recognize West Jerusalem as Israel's in the context of a peace deal with the Palestinians.[76][77][78]On 14 June 2018, Russia held, for the first time, its annual Russia Day reception in Jerusalem, a year after declaring that West Jerusalem is Israel's capital. Until then, the annual reception has been held in the Tel Aviv area.[79] Although Russia has publicly recognised West Jerusalem as the capital of Israel, it continues to locate its embassy in Tel Aviv.
Prior to these events, in 2011 the Russian President Dmitry Medvedev stated that Russia had recognized the State of Palestine with East Jerusalem as its capital already in 1988, and that it had not changed its view.[80]
Russia has publicly opposed Israeli settlement construction in East Jerusalem. In March 2010, the Russian Foreign Ministry denounced Israeli plans to construct homes for Jewish settlers in East Jerusalem, calling the measure "unacceptable" and in opposition to "internationally acknowledged reconciliation proceedings".[81] In January 2011, reaffirming Russia's recognition of the State of Palestine, President Dmitry Medvedev said Russia "supported and will support the inalienable right of the Palestinian people to an independent state with its capital in East Jerusalem."[82]
United States
Greater Jerusalem, May 2006. CIA remote sensing map showing what they regard as settlements, plus refugee camps, fences, walls, etc.
Prior to the opening of the American Embassy in Jerusalem on 14 May 2018, the United States maintained its embassy in Tel Aviv, and a consulate general in Jerusalem as part of the "Consular Corps of the Corpus Separatum".[83][full citation needed] When Israel was founded, the position of the United States was that its recognition of Israel did not imply a particular view on the status of Jerusalem.[84] The US voted for the UN Partition Plan in November 1947, which provided for the establishment of an international regime for the city, and Resolution 194 in 1948, following the 1948 Arab-Israeli War. But the US voted against Resolution 303 in 1949 which reaffirmed that Jerusalem be established a corpus separatum under a special international regime to be administered by the UN, because the US regarded the plan as no longer feasible after both Israel and Jordan had established a political presence in the city.[85] Since then the US position has been that final status of Jerusalem be resolved through negotiations,[86] and it did not recognize Jerusalem as Israel's capital prior to President Donald Trump's announcement on 6 December 2017.
The US Consulate was given a lot in the neighborhood of Talpiot in 1989 with a 99-year lease agreement with the Israeli government and relocated there in 2002.[87] On 14 May 2018, the US reclassified its Jerusalem consulate as the US embassy in Jerusalem.
China
China recognizes East Jerusalem as the capital of the State of Palestine.[55] In a 2016 speech to the Arab League, PRC president Xi Jinping said that "China firmly supports the Middle East peace process and supports the establishment of a State of Palestine enjoying full sovereignty on the basis of the 1967 borders and with East Jerusalem as its capital."[88] China announced that this position remains unchanged in the aftermath of the US recognizing Jerusalem as Israel's capital.[89]
United Kingdom
The United Kingdom position on Jerusalem states that "Jerusalem was supposed to be a ‘corpus separatum’, or international city administered by the UN. But this was never set up: immediately after the UNGA resolution partitioning Palestine, Israel occupied West Jerusalem and Jordan occupied East Jerusalem (including the Old City). We recognised the de facto control of Israel and Jordan, but not sovereignty. In 1967, Israel occupied E Jerusalem, which we continue to consider is under illegal military occupation by Israel. Our Embassy to Israel is in Tel Aviv, not Jerusalem. In E Jerusalem we have a Consulate-General, with a Consul-General who is not accredited to any state: this is an expression of our view that no state has sovereignty over Jerusalem."[90][91]
The UK believes that the city's status has yet to be determined, and maintains that it should be settled in an overall agreement between the parties concerned, but considers that the city should not again be divided.[90] The Declaration of Principles and the Interim Agreement, signed by Israel and the PLO on 13 September 1993 and 28 September 1995 respectively, left the issue of the status of Jerusalem to be decided in the ‘permanent status’ negotiations between the two parties.[90]
In 2012, the UK Press Complaints Commission initially ruled that the newspaper The Guardian had not acted wrongly in writing that "Jerusalem is not the capital of Israel; Tel Aviv is,"[92] but this was later overturned. In the latter ruling, the UK Press Complaints Commission ruled that The Guardian was wrong to refer to the Israeli capital unequivocally as Tel Aviv, saying that this "had the potential to mislead readers and raised a breach of... the Editors’ Code of Practice."[93] In addition, prior to the latter ruling, The Guardian retracted their statement, saying, "While it was therefore right to issue a correction to make clear Israel's designation of Jerusalem as its capital is not recognised by the international community, we accept that it is wrong to state that Tel Aviv – the country's financial and diplomatic centre – is the capital".[94]
France
The French Government notes that "It is up to the parties to come to a final and overall agreement with regard to the final status, which would put an end to the conflict. France believes that Jerusalem must become the capital of the two States."[95]
Other G20 countries
Australia: On 15 December 2018 Prime Minister Scott Morrison announced that Australia recognised West Jerusalem as the capital of Israel. However, Morrison also announced that Australia would not relocate its embassy to West Jerusalem until after the final status of Jerusalem was resolved.[96][97]
Brazil: The embassy of the Brazilian Government in Israel is currently located in Tel Aviv. However, prior to his election, the President of Brazil, Jair Bolsonaro, publicly stated his intention to shift the Brazilian embassy to Jerusalem.[98]
Canada: According to Global Affairs Canada, "Canada considers the status of Jerusalem can be resolved only as part of a general settlement of the Palestinian–Israeli dispute. Canada does not recognize Israel's unilateral annexation of East Jerusalem."[99] In the fact sheet on Israel displayed on the Canadian Foreign Affairs Department's website, the "Capital" field states that "While Israel designates Jerusalem as its capital, Canada believes that the final status of the city needs to be negotiated between the Israelis and Palestinians. At present, Canada maintains its Embassy in Tel Aviv."[100] In August 2018 delegates at a policy convention for the Conservative Party of Canada passed a motion to recognise Jerusalem as the capital of Israel. The Conservative Party is currently the main opposition party in Canada.[101]
Germany: According to Germany's Foreign Minister Sigmar Gabriel, Germany is committed to a two-state solution and believes that the final status of Jerusalem must be resolved through negotiations between the Israelis and Palestinians.[102]
Italy: "Endorsing the stance of the European Union in this regard, Italy does not recognise the legitimacy of any border changes that are not agreed between the parties. The question of Jerusalem is extremely sensitive, being the home to the Holy Places belonging to the three great monotheistic religions. To resolve this issue it will be necessary for the parties to reach a difficult, but possible, agreement to safeguard the special character of the city and meet the expectations of both peoples."[103]
Japan: In a 1980 statement to the United Nations, Japan criticized Israel's proclamation of Jerusalem as its united capital: "Japan cannot recognize such a unilateral change to the legal status of an occupied territory, which is in total violation of the relevant United Nations resolutions". Japan later reiterated its position in a 2001 UN report: "Japan believes that issues relating to Jerusalem should be resolved through the permanent status negotiations between the parties concerned, and until such a solution is achieved both parties should refrain from taking any unilateral action relating to the situation in Jerusalem."[104]
Saudi Arabia: Saudi Arabia expressed disappointment in the United States's recognition of Jerusalem as Israel's capital. The Saudi government called the action "irresponsible and unwarranted" and reaffirmed its support for a negotiated two-state solution.[105]
Turkey: On 17 December 2017, Turkey's President Recep Tayyip Erdoğan said "the day is close when officially" his nation will open an embassy in East Jerusalem.[106] This statement came several days after Erdoğan had called for worldwide recognition of East Jerusalem as the occupied capital of a Palestinian state at a summit of Muslim countries convened in response to the US recognition of Jerusalem as Israel's capital.[107][108]
Other countries
Chile: The Chilean government considers Jerusalem to be a city with special status, whose final sovereignty must be decided by both Israel and Palestine. It also considers Israel's occupation and control over East Jerusalem illegal.[109] Chile maintains its embassy to Israel in Tel Aviv, while its representative office to the State of Palestine is located in Ramallah.
Czech Republic: In May 2017, the Chamber of Deputies of the Czech Parliament rejected a UNESCO resolution that criticized Israel for its excavations in East Jerusalem. The Chamber declared that the Czech government "should advocate a position respecting Jerusalem as the Israeli capital city" and called on the government to withhold its annual funding of UNESCO.[110] On 6 December 2017, following the recognition statement by the United States, the Czech Foreign Ministry acknowledged that Jerusalem is "in practice the capital of Israel in the borders of the demarcation line from 1967", but said the Czech government, in line the positions of other EU member states, considers the city to be the future capital of both Israel and Palestine. The Ministry also said it would consider moving the Czech embassy from Tel Aviv to Jerusalem "only based on results of negotiations with key partners in the region and in the world."[111] In May 2018, Czech Republic reopened its honorary consulate in Jerusalem.[112]
Denmark: "Israel has declared Jerusalem to be its capital. Due to the conflict and unclear situation concerning the city's status foreign embassies are in Tel Aviv."[113]
Finland: "Israel considers Jerusalem to be its capital city. The international community has not recognized this. The Finnish embassy is in Tel Aviv."[114][not in citation given]
Guatemala: On 24 December 2017, Guatemala's President Jimmy Morales announced that the Guatemalan embassy would be relocated to Jerusalem, the first such announcement to come since Jerusalem was recognized as the capital of Israel by the United States. On 16 May 2018, Guatemala reopened its embassy in Jerusalem, making it the second country to move its embassy to the city, after the US.[115][116]
Iran: On 27 December 2017, the Iranian parliament voted in favor of a bill recognizing Jerusalem as the capital of Palestine in response to the United States decision to recognize the city as Israel's capital.[117][118]
Norway: In 2010, the Norwegian Foreign Ministry said "Norway considers the Israeli presence in East Jerusalem to be in violation of international law, as does the entire international community."[119]
Paraguay: Paraguay moved its embassy to Jerusalem in May 2018, but following a change in government, on 6 September 2018, Paraguay announced that its embassy would be relocated to Tel Aviv.[120] This move was due to President-elect Mario Abdo Benítez's disagreement over the embassy relocation.[120]
Philippines: On 6 December 2017, following the recognition statement by the United States, President Rodrigo Duterte expressed interest in relocating the embassy of the Philippines from Tel Aviv to Jerusalem[121] and reportedly contacted the Foreign Ministry of Israel to discuss the plans.[122] However, the Philippines' Department of Foreign Affairs later mentioned that it does not support Trump's statement to recognize Jerusalem as Israel's capital and expressed its support for a two-state solution.[123]
Republic of China (Taiwan): According to a 7 December 2017 announcement by Taiwan's Ministry of Foreign Affairs (MOFA), Taiwan considers Jerusalem to be the capital of Israel, but has no plans of moving its representative office to the city in the wake of Donald Trump's formal recognition of it as Israel's capital.[124] Although Jerusalem is listed as the capital of Israel on MOFA's website, the ministry notes that its status as such "has not been widely recognized by the international community" and remains highly controversial.[125]
Romania: In April 2018, Prime Minister Viorica Dăncilă announced that the Government has adopted a memorandum regarding the initiation of procedures to relocate the Romanian embassy from Tel Aviv to Jerusalem.[126] President Klaus Iohannis, who had not been informed about this decision, accused the Premier of violating the Constitution, while emphasizing "the need for a just and lasting settlement of the Israeli-Palestinian conflict by implementing the two-state solution."[126]
Saint Vincent and the Grenadines: "St Vincent and the Grenadines strongly urges the United States of America to acknowledge that any unilateral declaration on its part regarding the status of Jerusalem will not in any way advance the cause of a just, peaceful and lasting solution to the dispute between the peoples of Israel and Palestine".[127]
Singapore: In a 7 December 2017 statement, Singapore's Ministry of Foreign Affairs reaffirmed the country's support for a two-state solution where the final status of Jerusalem would be "decided through direct negotiations between Israel and the Palestinians."[128]
Slovakia: "Slovakia is on its way to relocating its embassy to Jerusalem," the head of the Slovak National Council Andrej Danko said on 4 July 2018 in a meeting with the President of Israel. A date for the relocation has not been provided, but Slovakia will first open an honorary consulate in the city.[129]
Sweden: "Sweden, like other states, does not recognise Jerusalem as Israel's capital, which is why the embassy is in Tel Aviv."[130]
Vanuatu: The Republic of Vanuatu recognized Jerusalem as the capital of Israel in June 2017. Vanuatu President Baldwin Lonsdale issued the recognition in response to a controversial UNESCO resolution passed in October 2016 that, according to the Israeli government,[131] downplays Jewish connection to the Temple Mount.[132]
Vatican: The Vatican has had a long-held position on Jerusalem and its concern for the protection of the Christian holy places in the Holy Land which predates the Palestinian Mandate. The Vatican's historic claims and interests, as well as those of Italy and France were based on the former Protectorate of the Holy See and the French Protectorate of Jerusalem, which were incorporated in article 95 of the Treaty of Sèvres (1920), which incorporated the Balfour Declaration, but also provided: "it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine". The Balfour Declaration and the proviso were also incorporated in the Palestinian Mandate (1923), but which also provided in articles 13 and 14 for an international commission to resolve competing claims on the holy places. These claimants had officially lost all capitulation rights by article 28 of the Treaty of Lausanne (1923). However, Britain never gave any effect to Mandate provisions arts 13 & 14. During the drafting of proposals that culminated in the United Nations Partition Plan for Palestine (also known as Resolution 181) in 1947, the historic claims of the Vatican, Italy and France were revived, and expressed as the call for the special international regime for the city of Jerusalem. This was also confirmed in UN General Assembly Resolution 194 in 1948, which maintained the position that Jerusalem be made an international city,[133] under United Nations supervision. The Vatican's official position on the status of Jerusalem was in favour of an internationalization of Jerusalem, in order to keep the holy place away from either Israeli or Arab sovereignty.
Pope Pius XII supported this idea in the 1949 encyclical Redemptoris nostri cruciatus. It was proposed again during the papacies of John XXIII, Paul VI, John Paul II and Benedict XVI.[134] The Vatican reiterated this position in 2012, recognizing Jerusalem's "identity and sacred character" and calling for freedom of access to the city's holy places to be protected by "an internationally guaranteed special statute". After the US recognized Jerusalem as Israel's capital in December 2017, Pope Francis repeated the Vatican’s position: "I wish to make a heartfelt appeal to ensure that everyone is committed to respecting the status quo of the city, in accordance with the relevant resolutions of the United Nations."[135]
See also
- Foreign relations of Israel
- Green Line (Israel)
- International recognition of the State of Palestine
- Status of territories occupied by Israel in 1967
References
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ISBN 90-411-0077-6.
^ Brian Whitaker. "Rivals for holy city may have to turn to God". The Guardian. 21 August 2000.
^ Deborah Sontag. "Two Dreams of Jerusalem Converge in a Blur". The New York Times. 21 May 2000.
^ Harriet Sherwood (30 January 2014). "Israel-Palestinian peace talks: the key issues". The Guardian. Retrieved 10 December 2017.
^ Leigh Phillips (19 November 2009). "EU rebukes Israel for Jerusalem settlement expansion". EUObserver. "The issue of Jerusalem is one of the most intractable issues in the Israel-Palestine conflict. While both Israelis and Palestinians claim Jerusalem as their capital, most countries maintain their embassies in Tel Aviv while the occupied territories are administered by the Palestinian Authority in the town of Ramallah."
^ Sherwood, Harriet (30 January 2014). "Israel-Palestinian peace talks: the key issues". The Guardian. Retrieved 10 December 2017.Both Israel and the future state of Palestine want Jerusalem as their capital. ... The international consensus is that Jerusalem would have to be the shared capital of both states.
^ A/RES/67/19 of 4 December 2012. United Nations General Assembly. The General Assembly emphasized "the need for a way to be found through negotiations to resolve the status of Jerusalem as the capital of two States".
^ "Jerusalem must be capital of both Israel and Palestine, Ban says". UN News Centre. 28 October 2009.
^ 2012/2694(RSP) - 05/07/2012 Text adopted by Parliament, single reading. European Parliament. Archived from the original on 11 March 2014.
^ Leigh Phillips (19 November 2009). "EU rebukes Israel for Jerusalem settlement expansion". EUObserver. Quoting a statement by the European Union: "If there is to be genuine peace, a way must be found to resolve the status of Jerusalem as the future capital of two states."
^ Ruth Kark and Michal Oren-Nordheim (2001). Jerusalem and Its Environs: Quarters, Neighborhoods, Villages, 1800-1948. Detroit: Wayne State University Press, p. 28.
^ Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, ICJ Reports 2004, p. 165 para. 70.
^ Paul J. I. M. de Waart (2005). "International Court of Justice Firmly Walled in the Law of Power in the Israeli–Palestinian Peace Process". Leiden Journal of International Law. 18 (3): pp. 467–487. "The Court ascertained the legal significance of the 'sacred trust of civilization' of the League of Nations (LoN) in respect of the 1922 Palestine Mandate as the origin of the present responsibility of the United Nations".
^ See, for example, Article 28 of the League of Nations Mandate for Palestine.
^ General Assembly resolution 48/158D, 20 December 1993. para. 5(c) stipulated that the permanent status negotiations should guarantee "arrangements for peace and security of all States in the region, including those named in resolution 181(II) of 29 November 1947"
^ United Nations General Assembly Resolution 273.
^ Quigley, John (2005). The Case for Palestine: An International Law Perspective. Duke University Press. p. 93. ISBN 0822335395.
^ abcd Lapidoth, Ruth; Hirsch, Moshe (1994). The Jerusalem Question and Its Resolution. Martinus Nijhoff. ISBN 0-7923-2893-0.
^ Korman, Sharon (1996). The Right of Conquest: The Acquisition of Territory by Force in International Law and Practice. Clarendon Press. ISBN 0-19-828007-6.
^ ab See:- "Corpus Separatum §33 Jerusalem" Marjorie M. Whiteman editor, US State Department Digest of International Law, vol. 1 (Washington, DC: U. S. Government Printing Office, 1963) pages 593–594.
Foreign relations of the United States, 1948. The Near East, South Asia, and Africa (in two parts) Volume V, Part 2, Page 748.- Ira Sharkansky (1996). Governing Jerusalem: Again on the World's Agenda. Wayne State University Press. p. 23.
ISBN 0-8143-2592-0; - John Quigley (1994). "The Legal Status Of Jerusalem Under International Law". The Turkish Yearbook Of International Relations, vol. XXIV, pp. 11–25.
^ Berger, Marshall J.; Ahimeir, Ora (2002). Jerusalem: A City and Its Future. Syracuse University Press. p. 145. ISBN 978-0-8156-2912-2.
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^ "A/RES/66/18 of 26 January 2012". United Nations General Assembly. Archived from the original on 3 February 2014.
^ Quigley, John (2005). The Case for Palestine: An International Law Perspective. Duke University Press. p. 173. ISBN 0822335395.
^ Amirav, Moshe (2009). Jerusalem Syndrome: The Palestinian-Israeli Battle for the Holy City. Sussex Academic Press. pp. 26–27. ISBN 1845193482.
^ Letter dated 31 May 1949, addressed by Mr. Walter Eytan, Head of the Delegation of Israel (doc.nr. A/AC.25/Com.Jer/9 d.d. 1 June 1949)
^ FRUS, 1949. Foreign Relations of the United States, 1949, Section Israel. United States Department of State, Telegram from US consul to Secretary of State. FRUS, 1949, pp. 661–663, 13 January 1949
^ "Jerusalem Day". www.knesset.gov.il. Retrieved 6 December 2017.
^ ab Lapidoth, Ruth (2013). "Jerusalem". Max Planck Encyclopedia of Public International Law. Oxford.
^ Einhorn, Talia (2003). "The Status of Palestine/Land of Israel and Its Settlement Under Public International Law". www.acpr.org.il. NATIV. Retrieved 11 March 2018.
^ "DISPUTED TERRITORIES- Forgotten Facts About the West Bank and Gaza Strip". mfa.gov.il. Israel Ministry of Foreign Affairs. 1 February 2003. Retrieved 11 March 2018.
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^ ab The Status of Jerusalem. Archived from the original on 4 May 2016. Israel Ministry of Foreign Affairs. 14 March 1999. Quote comes from §IV.
^ Dore Gold. "Jerusalem History". Jerusalem Center for Public Affairs. Retrieved 6 December 2017.
^ Avishai, Bernard (7 February 2011). "The Israel Peace Plan That Still Could Be". The New York Times. Retrieved 11 March 2018.
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^ Karl Vick (31 December 2012). "The West Bank's 2012: The Year of the Israeli Settlement". Time.
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^ https://www.timesofisrael.com/in-late-night-vote-knesset-passes-law-to-hinder-east-jerusalem-withdrawal/
^ Jerusalem Post, 25 January 2018: Netanyahu at Davos: Jerusalem to remain capital under any peace agreement
^ Mark Tessler (24 March 2009). A History of the Israeli-Palestinian Conflict, Second Edition. Indiana University Press. pp. 322–323. ISBN 978-0-253-01346-0.
^ UN Committee on Jerusalem, Meeting between the Committee on Jerusalem and the delegations of the Arab states, 20 June 1949 (doc.nr. A/AC.25/Com.Jer./SR.33)
^ "Arafat Signs Law Making Jerusalem Palestinian Capital", People's Daily, published 6 October 2002; "Arafat names Jerusalem as capital", BBC News, published 6 October 2002.
^ "The Palestinian Official Position". Archived from the original on 12 February 2006. Retrieved 10 February 2006.CS1 maint: BOT: original-url status unknown (link), Palestinian National Authority, Ministry of Information, copy from Archive.org, retrieved 20 June 2007.
^ "The Status of Jerusalem" (PDF). United Nations. Retrieved 7 January 2015.
^ abc Lapidoth, Ruth (2011). "Jerusalem – Some Legal Issues" (PDF). The Jerusalem Institute for Israel Studies. pp. 21–26. Retrieved 11 December 2017. Reprinted from: Rüdiger Wolfrum (Ed.), The Max Planck Encyclopedia of Public International Law (Oxford University Press, online 2008, print 2011).
^ "Jerusalem must be capital of both Israel and Palestine, Ban says". 28 October 2009. UN News Centre.
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^ "The Status of Jerusalem, CEIRPP, DPR (1 January 1981)". Archived 8 December 2012 at the Wayback Machine Section "Conclusions".
^ "Resolution adopted by the General Assembly – 63/30. Jerusalem" (PDF). United Nations. 23 January 2009. Retrieved 9 April 2011.
^ Ira Sharkansky. Governing Jerusalem: Again on the World's Agenda. Wayne State University Press, 1996, page 23.
ISBN 0-8143-2592-0.
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^ "December Overview" (PDF). UNOCHA. December 2009. Archived from the original (PDF) on 16 February 2010. Retrieved 3 January 2010.
^ ab China supports Palestinian UN bid (Xinhua, 8 September 2011) "China recognizes Palestine as a country with east Jerusalem as its capital and possessing full sovereignty and independence, in accordance with borders agreed upon in 1967, according to Jiang"
^ UNGA, 30 November 2011, Resolution adopted by the General Assembly, 66/18. Jerusalem Archived 2014-02-03 at the Wayback Machine (doc.nr. A/RES/66/18 d.d. 26-01-2012)
"Recalling its resolution 181 (II) of 29 November 1947, in particular its provisions regarding the City of Jerusalem,"
"Reiterates its determination that any actions taken by Israel, the occupying Power, to impose its laws, jurisdiction and administration on the Holy City of Jerusalem are illegal and therefore null and void and have no validity whatsoever,"
^ Jerusalem must be capital of both Israel and Palestine, Ban says, UN News Centre, (28 October 2009)
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^ Leigh Phillips (19 November 2009). "EU rebukes Israel for Jerusalem settlement expansion". EUObserver.
Quoting a statement by the European Union: "If there is to be genuine peace, a way must be found to resolve the status of Jerusalem as the future capital of two states."
^ "EU: Jerusalem should be capital of two states". BBC News. 8 December 2009. Retrieved 11 August 2010.
^ EU, 3 August 2012, Local EU statement on the continued closure of East Jerusalem institutions
^ The EU & the Middle East Peace Process: FAQ, European Commission, retrieved 20 June 2007. Archived 23 February 2007 at the Wayback Machine
^ Ashton, Catherine (21 March 2010). "Lessons From a Gaza Trip". The New York Times. Retrieved 6 December 2017.
^ Muslim leaders urge world to recognise East Jerusalem as capital of Palestine (France 24, 2017-12-13) "their final statement declared “East Jerusalem as the capital of the State of Palestine” and invited “all countries to recognise the State of Palestine and East Jerusalem as its occupied capital.”"
^ Muslim leaders call for recognition of East Jerusalem as Palestinian capital (CNN, 13 December 2017) "Leaders from the 57-member Organisation of Islamic Cooperation recognized East Jerusalem as the occupied capital of a Palestinian state and called on the international community to do the same, according to the final communique from the group's emergency summit"
^ Muslim Leaders Declare East Jerusalem the Palestinian Capital (New York Times, DEC. 13, 2017) "Leaders and officials of Muslim nations declared East Jerusalem the Palestinian capital on Wednesday at a summit meeting in Istanbul, producing the strongest response yet to President Trump’s decision to recognize the city as Israel’s capital."
^ "Costa Rica to relocate embassy to TA". Jerusalem Post. 17 August 2006.
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^ Keinon, Herb (6 April 2017). "JPost Exclusive: Moscow surprisingly says west Jerusalem is Israel's capital". The Jerusalem Post. Retrieved 7 December 2017.
^ Vladimirov, Nikita (6 April 2017). "Russia recognizes Jerusalem as Israel's capital". The Hill. Retrieved 7 December 2017.
^ Kontorovich, Eugene (14 May 2017). "Russia Recognizes Jerusalem as Israel's Capital. Why Can't the U.S.?". The Wall Street Journal. Retrieved 7 December 2017.
^ "Russia could acknowledge West Jerusalem as Israeli Capital". Palestine News Network. 8 April 2017. "[T]he Russian Foreign Ministry said in a statement that if a peace agreement between Israeli and Palestinian people could be reached, Russia could acknowledge West Jerusalem as the Israeli capital."
^ "Russia will recognize W Jerusalem as Israel’s capital only if E Jerusalem becomes Palestine’s – FM". RT. 6 April 2017. "In a diplomatic missive endorsing the two-state solution, Moscow has said that it is ready to recognize West Jerusalem as Israel’s official capital, providing that statehood is granted to Palestinians, who will base their capital in the eastern part of the city."
^ "Russia Says It Would Recognize West Jerusalem as Israeli Capital in Deal With Palestinians". Haaretz. 8 April 2017. "In an unusual move, the Russian Foreign Ministry issued a statement on Thursday in which it said, for the first time, that in the event of a peace agreement between Israel and the Palestinians, West Jerusalem should be the capital of Israel."
^ RUSSIA BREAKS FROM PACK, HOLDS NATIONAL DAY RECEPTION IN JERUSALEM
^ Medvedev reaffirms Soviet recognition of Palestine (Ynet News, 18 January 2011) "Russian president says Moscow has not changed its position since 1988 when it 'recognized independent Palestinian state with its capital in east Jerusalem'"
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^ "Russia reaffirms recognition of Palestinian state". BBC News. 18 January 2011. Retrieved 8 December 2017.
^ See Whiteman, "Corpus Separatum"
^ Schmemann, Serge (2 March 1997). "A New Struggle For Jerusalem" – via NYTimes.com.
^ Mark, Clyde. "Jerusalem: The U.S. Embassy and P.L. 104-45" (PDF). CRS Report for Congress. Congressional Research Service. The Library of Congress. Retrieved 1 April 2011.
^ Mozgovaya, Natasha; Ravid, Barak (8 December 2009). "U.S.: Only Israel, Palestinians should decide Jerusalem's future". Haaretz. Retrieved 8 December 2017.
^ "Diplomatic construction", Jerusalem Post, published 1 December 2005.
^ Mohammed al-Sudairi (28 January 2016). "China's Stance on East Jerusalem". Middle East Research and Information Project. Retrieved 6 December 2017.
^ "Why is China worried about Trump recognising Jerusalem as Israel's capital?". South China Morning Post. 6 December 2017. Retrieved 17 December 2017.
^ abc "The UK position on Jerusalem – A key issue in the Palestinian track, and a key concern to the whole Islamic world". Foreign and Commonwealth Office. Archived from the original on 17 September 2003.
^ "Global Security: Israel and the Occupied Palestinian Territories – Foreign Affairs Committee. Israel and British Government policy". www.parliament.uk. 26 July 2009. Retrieved 16 May 2010.
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^ Ahren, Raphael (2 October 2012). "UK media watchdog rules: Tel Aviv is not the capital". The Times of Israel. Retrieved 4 October 2012.
^ Corrections; editor, clarifications column (7 August 2012). "Corrections and clarifications". Retrieved 6 December 2017 – via www.theguardian.com.
^ Jerusalem's status: the statement made by the Israeli Prime Minister is detrimental to the final status negotiations, French Ministry of Foreign and European Affairs, (21 May 2009)
^ https://www.theguardian.com/world/2018/dec/14/australian-government-to-recognise-jerusalem-as-israels-capital
^ <https://www.abc.net.au/news/2018-12-15/government-recognises-west-jerusalem-but-keeps-tel-aviv-embassy/10614226
^ <https://www.theguardian.com/world/2018/nov/01/bolsonaro-brazil-embassy-jerusalem
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^ http://www.israelnationalnews.com/News/News.aspx/251112
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^ ""Israel har erklæret Jerusalem for sin hovedstad (ca. 900.000 indbyggere). På grund af konflikten og den uafklarede situation vedrørende byens status opretholdes udenlandske ambassader i Tel Aviv."". Archived from the original on 30 September 2007. Retrieved 6 December 2017.
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^ "Guatemalan president arrives to reopen embassy in Jerusalem". The Jerusalem Post. 16 May 2018.
^ Jack Moore (27 December 2017). "Iran Recognizes Jerusalem as Palestinian Capital City in Response to Trump Declaration". Newsweek.
^ "Iran assembly recognizes Jerusalem as Palestine capital", Anadolu Agency, 27 December 2017.
^ "Norway concerned over situation in East Jerusalem". regjeringen.no. Ministry of Foreign Affairs. 18 January 2010. Retrieved 6 December 2017.
^ ab https://www.bbc.com/news/world-latin-america-45423581
^ "Philippines and Czech Republic consider moving embassies to Jerusalem after Trump announcement, report". The National. 7 December 2017. Retrieved 7 December 2017.
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^ Dona Z. Pazzibugan (13 December 2017). "PH thumbs down Trump move declaring Jerusalem as Israel’s capital". Philippine Daily Inquirer.
^ "No plans to move office to Jerusalem, MOFA official says". Taipei Times. 8 December 2017. Retrieved 8 December 2017.
^ "State of Israel - West Asia - Ministry of Foreign Affairs, Republic of China (Taiwan) 中華民國外交部 - 全球資訊網英文網". Ministry of Foreign Affairs, Republic of China (Taiwan). Archived from the original on 8 December 2017.
^ ab "Scandal privind mutarea ambasadei din Israel. Președinția acuză premierul că a încălcat Constituția". Știrile Pro TV (in Romanian). 20 April 2018.
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^ Kahana, Arieloch (4 July 2018). "Slovakia declares it will move its embassy to Jerusalem". Jewish News Syndicate. Retrieved 6 July 2018.
^ Regeringskansliet, Regeringen och (1 May 2015). "Sidan kan inte hittas". Regeringskansliet. Retrieved 6 December 2017.
[dead link]
^ Peter Beaumont (26 October 2016). "Unesco adopts controversial resolution on Jerusalem holy sites". The Guardian. Retrieved 10 December 2017.
^ "Island nation Vanuatu recognizes Jerusalem as Israel's capital". Israel Hayom. 1 June 2017. Archived from the original on 8 December 2017.
^ Gregory Kane, "Hearing the Sounds of Silence at Middle East Conference" Virginia Gazette International City, Gurgaon, India 28 November 2007 "Archived copy". Archived from the original on 20 November 2008. Retrieved 27 July 2008.CS1 maint: Archived copy as title (link)
^ Vatican hails UN Palestine vote, wants guarantees for Jerusalem
^ Horowitz, Jason (6 December 2017). "U.N., European Union and Pope Criticize Trump's Jerusalem Announcement". The New York Times. ISSN 0362-4331. Retrieved 10 December 2017.