Why Jerusalem is not the capital
of Israel
FEATURE / EAST JERUSALEM
Zena Tahhan
Zena al-Tahhan is an online journalist
and producer for Al Jazeera English.
Farah Najjar
Farah Najjar is an online producer at
Al Jazeera English.
Jerusalem East Jerusalem
Palestine Israel Middle East
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US President Donald Trump called
Jerusalem the capital of Israel on
December 6 and began the process of
moving his country's embassy to the
city.
The move sparked global condemnation
from world leaders.
Israel occupied East Jerusalem at the
end of the 1967 War with Syria, Egypt
and Jordan ; the western half of the holy
city had been captured in the 1948
Arab-Israeli war .
Israel's occupation of East Jerusalem
effectively put the entire city under de
facto Israeli control. Israeli jurisdiction
and ownership of Jerusalem, however,
is not recognised by the international
community, including the United States .
The status of Jerusalem remains one of
the main sticking points in efforts to
resolve the Palestinian-Israeli conflict.
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International community position
Under the 1947 UN Partition Plan to
divide historical Palestine between
Jewish and Arab states, Jerusalem was
granted special status and was meant to
be placed under international
sovereignty and control. The special
status was based on Jerusalem's
religious importance to the three
Abrahamic religions.
In the 1948 war, following the UN's
recommendation to divide Palestine ,
Zionist forces took control of the
western half of the city and declared
the territory part of its state.
During the 1967 war, Israel captured
the eastern half of Jerusalem, which
was under Jordanian control at the
time, and proceeded to effectively
annex it by extending Israeli law,
bringing it directly under its
jurisdiction, in a breach of international
law.
In 1980, Israel passed the "Jerusalem
Law", stating that "Jerusalem, complete
and united, is the capital of Israel",
thereby formalising its annexation of
East Jerusalem.
READ MORE: Who owns Jerusalem?
In response, the UN Security Council
passed Resolution 478 in 1980, declaring
the law "null and void". The illegal
Israeli annexation of East
Jerusalem violates several principles
under international law, which outlines
that an occupying power does not have
sovereignty in the territory it occupies.
The international community officially
regards East Jerusalem as occupied
territory.
Moreover, no country in the world
recognises Jerusalem as Israel's capital,
with the exception of the US and Russia,
the latter which announced its
recognition of West Jerusalem as the
capital of Israel, and East Jerusalem as
"the capital of the future Palestinian
state."
As of now, embassies in Israel are
based in the commercial capital, Tel
Aviv, although some countries have
based their consulate offices in
Jerusalem.
Palestinians in Jerusalem
Despite Israel's de facto annexation of
East Jerusalem, Palestinians who live
there were not granted Israeli
citizenship.
Today, some 420,000 Palestinians in East
Jerusalem have "permanent residency"
ID cards. They also carry temporary
Jordanian passports without a national
identification number. This means that
they are not full Jordanian citizens -
they need a work permit to work in
Jordan and do not have access to
governmental services and benefits
such as reduced education fees.
Palestinian Jerusalemites are essentially
stateless, stuck in legal limbo - they are
not citizens of Israel, nor are they
citizens of Jordan or Palestine.
Israel treats Palestinians in East
Jerusalem as foreign immigrants who
live there as a favour granted to them
by the state and not by right, despite
having been born there. They are
required to fulfil a certain set of
requirements to maintain their
residency status and live in constant
fear of having their residency revoked.
Any Palestinian who has lived outside
the boundaries of Jerusalem for a
certain period of time, whether in a
foreign country or even in the West
Bank , is at risk of losing their right to
live there.
Those who cannot prove that the
"centre of their life" is in Jerusalem and
that they have lived there continuously,
lose their right to live in their city of
birth. They must submit dozens of
documents including title deeds, rent
contracts and salary slips. Obtaining
citizenship from another country also
leads to the revocation of their status.
In the meantime, any Jew around the
world enjoys the right to live in Israel
and to obtain Israeli citizenship under
Israel's Law of Return.
Since 1967, Israel has revoked the status
of 14,000 Palestinians, according to
Israeli rights group B'Tselem.
Settlements
Israel's settlement project in East
Jerusalem, which is aimed at the
consolidation of Israel's control over
the city, is also considered illegal under
international law.
The UN has affirmed in several
resolutions that the settlement project
is in direct contravention of the Fourth
Geneva Convention, which prohibits an
occupying country from transferring its
population into the areas it occupies.
READ MORE: What are illegal Israeli
settlements?
There are several reasons behind this:
to ensure that the occupation is
temporary and to prevent the
occupying state from establishing a
long-term presence through military
rule; to protect the occupied civilians
from the theft of resources; to prevent
apartheid and changes in the
demographic makeup of the territory.
Yet, since 1967, Israel has built more
than a dozen housing complexes for
Jewish Israelis, known as settlements ,
some in the middle of Palestinian
neighbourhoods in East Jerusalem.
About 200,000 Israeli citizens live in
East Jerusalem under army and police
protection, with the largest single
settlement complex housing 44,000
Israelis.
Such fortified settlements, often
scattered between Palestinians' homes,
infringe on the freedom of movement,
privacy and security of Palestinians.
Though Israel claims Jerusalem as its
undivided capital, the realities for those
who live there cannot be more
different.
While Palestinians live under apartheid-
like conditions, Israelis enjoy a sense of
normality, guaranteed for them by their
state.
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