Book contents
- International Law and the Arab-Israeli Conflict
- International Law and the Arab-Israeli Conflict
- Copyright page
- Contents
- Abbreviations
- Introduction
- 1 Is International Law Relevant?
- 2 The World War I
- 3 The Zionist Movement and the 1917 Balfour Declaration
- 4 Post–World War I and the 1922 League of Nations Mandate for Palestine, 1920–1947
- 5 The 1947 Partition Plan
- 6 Israel’s Declaration of Independence
- 7 The 1948 Arab-Israeli War
- 8 1949 Armistice Agreements
- 9 The Arab Refugee Problem
- 10 The 1967 Six Day War
- 11 UN Security Council Resolution 242
- 12 Camp David 1978
- 13 1979 Egypt–Israel Peace Treaty
- 14 Taba Arbitration
- 15 The Legality of Israeli Exploitation of Oil from Sinai
- 16 The Oslo Accords
- 17 Israel–Jordan
- 18 Post Oslo Developments
- 19 The Status of the ‘West Bank’ (Judea and Samaria) and the Gaza Strip
- 20 Israeli Settlements in the West Bank
- 21 Controversial Elements of Military Administration
- 22 Freedom of Navigation through International Waterways in the Region
- 23 Israel–Syria
- 24 Jerusalem
- 25 Controversial Laws of War Issues
- 26 Is Palestine a State?
- 27 Water Resources
- 28 Implications for Future Negotiations
- Index
24 - Jerusalem
Published online by Cambridge University Press: 21 April 2022
- International Law and the Arab-Israeli Conflict
- International Law and the Arab-Israeli Conflict
- Copyright page
- Contents
- Abbreviations
- Introduction
- 1 Is International Law Relevant?
- 2 The World War I
- 3 The Zionist Movement and the 1917 Balfour Declaration
- 4 Post–World War I and the 1922 League of Nations Mandate for Palestine, 1920–1947
- 5 The 1947 Partition Plan
- 6 Israel’s Declaration of Independence
- 7 The 1948 Arab-Israeli War
- 8 1949 Armistice Agreements
- 9 The Arab Refugee Problem
- 10 The 1967 Six Day War
- 11 UN Security Council Resolution 242
- 12 Camp David 1978
- 13 1979 Egypt–Israel Peace Treaty
- 14 Taba Arbitration
- 15 The Legality of Israeli Exploitation of Oil from Sinai
- 16 The Oslo Accords
- 17 Israel–Jordan
- 18 Post Oslo Developments
- 19 The Status of the ‘West Bank’ (Judea and Samaria) and the Gaza Strip
- 20 Israeli Settlements in the West Bank
- 21 Controversial Elements of Military Administration
- 22 Freedom of Navigation through International Waterways in the Region
- 23 Israel–Syria
- 24 Jerusalem
- 25 Controversial Laws of War Issues
- 26 Is Palestine a State?
- 27 Water Resources
- 28 Implications for Future Negotiations
- Index
Summary
There are two distinct issues in attempting to arrive at a settlement concerning the status of Jerusalem: Holy Places and territorial jurisdiction. As regards Holy Places, both Israel and the PLO, apparently, are willing to accept special arrangements for international religious bodies in the holy sites. The Palestinians demand that East Jerusalem be the capital of a Palestinian State. In accordance with international law, an international organisation cannot be sovereign of territory, but it can administer it. All the parties concerned, Israel, Jordan and the Palestinians object to internationalization. Any attempt to resolve this issue has to consider whether the City should be divided and should the division be a physical barrier. If there is no physical barrier then should there be another physical barrier between Israel and a Palestinian State or entity. As to possible solutions, there appears to be no international call for physically dividing the city again. There have been many proposals for solutions. Proposals include functional division and suspending the issue of sovereignty, treating the Old City within the walls as a separate issue, or dividing the city according to the demography of the different suburbs. Each proposal raises difficulties. It appears that international law may help buttress solutions but, unfortunately, international law holds no magic answer or golden key.
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- International Law and the Arab-Israeli Conflict , pp. 360 - 379Publisher: Cambridge University PressPrint publication year: 2022