The claim on behalf of the UN was made by Nickolay Mladenov, its special coordinator for the Middle East peace process, in a session of the UN Security Council considering US President Donald Trump’s decision to move the American embassy to Jerusalem. The United Nations position, he announced, was clear. “Jerusalem is a final status issue for which a comprehensive, just and lasting solution must be achieved through negotiations between the two parties, and on the basis of relevant United Nations resolutions and mutual agreements.” That formula has been repeated several times since, most recently by UN Secretary-General António Guterres in February 2020.
In other words, the UN holds
that the exact status of Jerusalem in international law is as yet undetermined. Yet the Security Council, in its Resolution
2334 passed in 2016, had determined that the status of Jerusalem was at it had
been on 4 June 1967 - that is, on the day before the Six Day War commenced -
referring three times to “Palestinian territories including East Jerusalem.”
So the UN’s “clear” position is that it asserts that East Jerusalem is part of Palestinian territories, but in the same breath maintains that Jerusalem is a final status issue to be determined through negotiation. It recognizes no changes to the pre-Six Day War boundaries, except that it does not recognize that West Jerusalem at least was part of Israel at the time. Its position defies logic.
The European Union also believes that its stance on Jerusalem is crystal clear. As recently as February 2020 it issued a statement, prefaced by the words: “The European Union has a clear and united position on Jerusalem.” What is that position? “The EU remains firmly committed to the two-state solution, with Jerusalem as capital of both the State of Israel and the future State of Palestine.”That is as ambiguous a
clarity as it is possible to achieve. Does
the EU believe in an undivided capital shared between Israel and an as yet
unestablished state of Palestine, administered jointly? Or does it subscribe to a divided Jerusalem
with West Jerusalem the capital of Israel, and East Jerusalem, which has a
large Arab population that extends into its hinterland, serving as the capital
of a new sovereign Palestine?
What of the status of the Old City? The EU has nothing to say on that. Before the Six Day War it was occupied by Jordan, which instituted a program of “Islamization” in 1953, prohibiting Christians from owning or purchasing land near holy sites, and removing educational institutions from Christian control, while Jordanian troops desecrated Jewish synagogues and holy sites including the Western Wall, the holiest of all. Does the EU endorse a return to that situation?
The EU condemned Trump’s
recognition of the city as Israel’s capital, taking no account of his statement:
“We are not taking a position on any final status issues, including the
specific boundaries of Israeli sovereignty in Jerusalem…Those questions are up
to the parties involved.” Nor has the EU
taken on board what Trump said at the unveiling of his peace plan - namely that
it envisages a Palestinian capital in eastern Jerusalem to be called Al Quds,
where the US will “proudly” open an embassy.
Because the EU’s
position on Jerusalem is so obscure, it cannot endorse the idea of any national
embassy being sited there – not even in West Jerusalem, which it cannot bring
itself to acknowledge as lying within sovereign Israel. This is why the EU voiced "serious
concern and regret" when Serbia and Kosovo announced, on 4 September 2020,
that they intended to locate their Israel embassies in Jerusalem. These intentions
were incorporated in a signing ceremony in the White House brokered by
President Trump, when Serbia and Kosovo agreed to normalize their relations and
pursue economic cooperation.
In a statement three
days later, the EU spokesperson objected, implying that breaking with the EU’s
common position on Jerusalem could undermine the prospects of Serbia and Kosovo
becoming EU members.
The European Leadership
Network (ELNET) expressed deep concern over the EU’s stance. In its statement
ELNET said it “strongly believes it is high time the EU updates its position on
Jerusalem and recognizes Israeli sovereignty over West Jerusalem…Objecting to
European embassies in any part of Jerusalem completely defies
reality. Jerusalem has been Israel’s capital city since Israel’s inception.”
The ELNET statement urges
the EU to abandon “entirely anachronistic UN stipulations”. It is referring to the
1947 UN General Assembly resolution
181 (II): “The City of
Jerusalem shall be established as a corpus
separatum under a special
international regime and shall be administered by the United Nations.”
Clarity is the last word that either the UN or the EU can legitimately apply to their stated views on Jerusalem, while their objections to any nation locating its embassy at least in West Jerusalem have no basis in logic. Arab states are lining up to normalize their relations with Israel. It is time for both the UN and the EU to have a radical rethink about Jerusalem.
Published in the Jewish Business News, 25 September 2020:
https://jewishbusinessnews.com/2020/09/25/jerusalem-and-the-embassy-issue/