Jerusalem, the heart and soul of the Jewish people, plays a
central role in Jewish culture, history and religion. Since 1004 B.C.E. when King David
established Jerusalem as the capital of the Jewish nation, there has remained a constant
and enduring Jewish presence in the city. Moreover, Jewish liturgy, music, literature and
poetry are replete with references to Jerusalem, or "Zion," the Biblical name of
the city.
Holy city to three major religions, Jerusalem is the home to a unique concentration of
religious sites. Since the city was reunified under Israeli sovereignty in 1967, the State
of Israel has succeeded in protecting the rights of all religious groups to enjoy freedom
of worship, and has restored and rebuilt Christian, Muslim and Jewish holy places. In
fact, at no other time in history have worshippers of all faiths enjoyed such a degree of
religious freedom.
I. The Jewish claim to Jerusalem is rooted in 3,000 years of history
A. Jerusalem has been at the center of Jewish consciousness for over
three thousand years, even before King David made it the capital of his kingdom in 1004
B.C.E. Such biblical events as the binding of Isaac and Jacob's ladder have traditionally
been connected to Jerusalem. No other city has played such a predominant role in the
history, culture, and religion of a people as has Jerusalem for the Jews. 'Jerusalem', or
'Zion', is mentioned over 800 times in the Jewish Bible.
B. Throughout the Diaspora, Jerusalem has always remained foremost in
the thoughts of the Jewish people as they turned to Zion three times a day in prayer. Such
everyday rituals as grace after meals or special ceremonies such as the 'Sheva Brachot'
wedding blessings are replete with references to the Jewish people's yearning for their
ancient capital. On holidays and festivals, Jews the world over bid one another the
traditional farewell "Next year in Jerusalem!".
C. Jewish independence in the land of Israel, which ended in 70 C.E.
and was renewed in 1948, marks the longest period of sovereignty over Jerusalem by any
nation. No other nation can claim such a long political existence in the recorded history
of this unique city.
D. Throughout all the periods of foreign rule over Jerusalem - Roman
(70 C.E. - 324), Byzantine (324 - 614), Persian (614 - 640), Arab (640 - 1099), Crusader
(1099 - 1291), Mamluk (1291 - 1516), and Ottoman Turk (1516 - 1918) - Jews were
persecuted, massacred and subject to exile. In spite of this, the Jewish presence in
Jerusalem remained constant and enduring.
E. Jews have always chosen to settle in Jerusalem. Since 1840, the
Jews have constituted the largest ethnic group in the city, and they have held an
uninterrupted majority in Jerusalem since the 1860's.
II. The Jewish claim to Jerusalem as their capital is unique
A. There has always been a national consensus in Israel on the status
of Jerusalem. Since the reunification of the city in 1967, all Israeli Governments have
declared their policy that united Jerusalem, Israel's eternal capital is one indivisible
city under Israeli sovereignty and that free access to holy places and freedom of worship
will continue to be guaranteed to members of all faiths.
B. Only twice has Jerusalem served as a national capital -- the
capital of the Biblical Kingdoms of Israel and Judea before the Roman destruction of 70
C.E., and the capital of the modern State of Israel since the rebirth of the Jewish state
in 1948.
C. Beside the Jewish people, no other nation or state which gained
political sovereignty over the area had ever made Jerusalem a capital city. Both the Arab
and Mamluk empires chose to rule from Damascus, while the Ottoman ruler resided in
Constantinople. Furthermore, none of these empires even granted Jerusalem the status of
district capital.
III. Historically Jerusalem is a United City
A. The nineteen year occupation of eastern Jerusalem -- the only time
that the city was divided -- was the result of unprovoked attack followed by unrecognized
annexation:
- On May 14, 1948 upon termination of the British mandate, Israel proclaimed its
independence. Immediately following Israel's proclamation, the surrounding Arab countries
attacked the fledgling state. The Arab Legion besieged the Jewish quarter of Jerusalem's
Old City.
- On May 28, 1948 the Arab Legion overran the Jewish Quarter and eastern Jerusalem,
while Israel held on to the Jewish populated western neighborhoods of the city. Jerusalem
was divided for the first time in its history.
- In 1950, Transjordan annexed the West Bank and Jerusalem, in an act which was neither
recognized by the world community (except for two countries), nor by the other Arab
states.
B. On June 5, 1967 an unprovoked Arab attack was launched on the
Jewish populated western neighborhoods of Jerusalem. Indiscriminate artillery bombardment
damaged religious sites, hospitals, and schools across the 1949 armistice line; the U.N.
headquarters south of Jerusalem was seized, and enemy troops began to enter nearby Jewish
neighborhoods.
C. Israeli Defense Forces repelled the invasion, and on June 7 they
retook the Old City, reuniting Jerusalem. The barbed wire and concrete barriers which had
divided Jerusalem were finally torn down, and Israeli law, jurisdiction and administration
was extended to the eastern neighborhoods of the city.
D. Jerusalem is and has always been an undivided city, except for this
19 year period. There is no justification for this short period to be viewed as a factor
in determining the future of the city, and to negate 3,000 years of unity.
IV. There is no basis for a 'Corpus Separatum' status for Jerusalem
A. There is no basis in international law for the position supporting
a status of 'Corpus Separatum' (separate entity) for the city of Jerusalem. This concept
originated in a proposal contained in the UN General Assembly Resolution 181 of November
1947, which dealt with the partition of the British Mandate of Palestine. It should be
recalled that the idea was a non-binding proposal, which never materialized, having become
irrelevant when the Arab states rejected the UN Resolution, and invaded the fledgling
State of Israel.
B. There has never been any agreement, treaty, or international
understanding which applies the 'Corpus Separatum' concept to Jerusalem.
C. For these reasons, Israel views the 'Corpus Separatum' solution as
nothing more than one of many inappropriate historical attempts made to examine possible
solutions for the status of the city.
V. Jerusalem's Arabs and the Israel-Palestinian Negotiations
A. Immediately following Israel's reunification of Jerusalem in 1967,
Jerusalem's Arab residents were offered full Israeli citizenship, though most declined to
accept it.
B. Nevertheless, those who chose not to accept Israeli citizenship,
retain the right, as residents of the city, to participate in municipal elections and
enjoy all economic, cultural and social benefits afforded to Israeli citizens such as
Israel's health funds, social security services, and membership in Israel's Labor
Federation.
C. The civil right of Palestinian Arabs to maintain their own
non-political humanitarian, educational and social institutions was reiterated by Israel
during the Israeli-Palestinian negotiations.
D. However, according to the Israel-Palestinian Declaration of
Principles of 1993 - the basis of the present negotiations - political institutions of the
Palestinian self-governing authority are not to operate in the city.
VI. The Israeli Consensus on Jerusalem - Culturally Diverse -- Politically
United
The status of Jerusalem as the permanent capital of the State of Israel has been
reiterated by all Israel governments since the establishment of the State in 1948:
A. In 1949, Israel's first Prime Minister, David Ben-Gurion, acted to
reconstitute the seat of government in Jerusalem, and Israel's Parliament, the Knesset,
was reconvened in the city in December of that year.
B. Following the reunification of Jerusalem during the course of the
1967 Six Day War, together with the extension of Israeli jurisdiction and administration
over east Jerusalem, the Knesset passed the Preservation of the Holy Places Law, 1967
which ensured protection and freedom of access to the holy sites of the city.
C. In 1980, the Knesset legislated the 'Basic Law: Jerusalem, Capital
of Israel', which restates the position that "Jerusalem, complete and united, is the
capital of Israel" and the seat of its main governing bodies. It also reiterates
Israel's commitment to protecting the holy places and to developing the city.
D. On May 28, 1995, then Prime Minister Yitzhak Rabin stated, "In
1980, the Knesset passed the Jerusalem Law. All governments of Israel, including the
present government, have been fully confident that what was determined in 1967, what was
legislated in 1980 transforming Jerusalem into a unified city under Israeli sovereignty,
the capital of Israel, the heart of the Jewish people -- these are facts that will endure
for eternity".
The status of Jerusalem is unique. Politically and spiritually, Jerusalem was, is and
always will be the capital of the Jewish people. Yet, at the same time, it plays a
significant role in the religious identity of hundreds of millions of believers in the
monotheistic faiths. The Arab world views Jerusalem as one -- albeit not the most
significant -- of their holy places. Furthermore, while almost three-quarters of
Jerusalem's citizens are Jewish, many Palestinian Arabs also call the city their home. For
these reasons, Israel has agreed to address Jerusalem-related issues in the permanent
status phase of the current peace negotiations.
In conclusion, in light of the unique significance that the city of Jerusalem holds for
the Jewish people, the Israeli government has consistently reiterated its position that
while religious and cultural rights of all the city's communities must be guaranteed --
Jerusalem is and will remain the capital of the State of Israel, undivided, under
exclusive Israeli sovereignty.