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Article Excerpt
Conflict between Palestinians and Israelis involves some of the most contentious issues in contemporary international relations. The most difficult problem is the status of Jerusalem, the intended capital both of Israel and Palestine. The authors discuss the significance of the "Holy City" and present contending claims for title to territory. They explore the changing concept of sovereignty upon which the claims are based, introducing the legal institution of condominium, a type of shared sovereignty that could present negotiators with a legal solution. After exploring the use of condominiums historically, the authors discuss aspects of shared sovereignty as it might apply to a condominium in Jerusalem.
Think of Jerusalem as four concentric circles: outer suburbs, inner suburbs, the old city and the religious sites. As you move into the center, the issues become more intense, historical, and religious. --Senior advisor to President Bill Clinton during Israeli-Palestinian negotiations. (1)
Conflict between Palestinians and Israelis presents negotiators with some of the most contentious issues in contemporary international relations. Large groups in both nations see no legitimacy in the claims of the other. Military operations, terrorism and counter-terrorism leave hundreds on both sides dead, wounded and grieving. Borders between the two sides have shifted over time with many claims but no settled legal status. Palestinian refugees from civil and international wars have been shuttled from camp to camp while Jews expelled from Arab states and from the broader Diaspora have fled to the Promised Land. Refugees seek the right of return or at the very least, reparation for their lost property; and Jewish settlers seek to remain on territory they believe is the land of Israel. None of these issues are as contentious as the status of Jerusalem, however, the intended capital both of Israel and Palestine.
Jerusalem is a city of approximately 125.2 square kilometers, home to over 732,000 people (as of 2007). It has captured the attention of the international community for centuries because the city houses the most holy sites of the world's largest monotheistic religions: Judaism, Christianity, and Islam. These sites are located for the most part in the "old city," a small part of Jerusalem that isn't much larger than a small college campus. Desiring to honor and respect these sites, each religion has aimed to control the area, often creating conflict with the other two groups.
This article examines the issue of Jerusalem in Palestinian-Israeli conflict. Part one discusses the significance and status of the "Holy City" as well as the Israeli and Palestinian claims for tide to territory. Part two explores the changing concept of sovereignty upon which Israeli and Palestinian claims are based. Part three examines the legal concept of condominium, a type of shared sovereignty that could present negotiators with a legal solution. Part four introduces some aspects of shared sovereignty as it might apply to a condominium in Jerusalem.
THE SIGNIFICANCE AND STATUS OF JERUSALEM
The significance of Jerusalem in Judaism dates back to the time of the Judean King David and the Israelites, "God's chosen people." Conquering the land in 1000 B.C.E., King David brought the Ark of Covenant to Jerusalem and established the city as the capital of the newly united Jewish tribes. It was the building of the Temple during the rule of King Solomon, however, that underscored the idea of Jerusalem as a sacred place chosen by Yahweh as the center of worship for his people. Today, a wall of this second temple, built by Solomon after the Babylonian attacks, still stands.
The Western Wall, more commonly known as the Wailing Wall, was spared from the Roman attack in 70 C.E., as reported by the Jewish historian Josephus (374). Although the Temple was destroyed, Jewish tradition taught that the presence of God remained (Koren), and "for centuries Jews from throughout the world made the difficult pilgrimage to Palestine, and immediately headed for the Kotel ha-Ma'aravi (the Western Wall) to thank God" (Telushkin: 312). Some Jews describe feeling 'Tike home" upon their first visit to Jerusalem. A young Israeli soldier best summarized the importance of the city to Judaism when he stated: "Jerusalem's got a far deeper meaning. It's something in our hearts, something to do with the way we feel. It was the source, the cornerstone of the whole Jewish people ... Jerusalem's not just an idea; it's a whole world that embraces everything" (Idinopulos: 28).
For Christians, Jerusalem is revered as the location for the end of Christ's ministry, his death and resurrection. However, in writings of the New Testament, such as the Letters of Paul, the focus was placed on the idea of the heavenly Jerusalem, not the earthly city. Christian believers were discouraged from thinking that they could earn "spiritual benefit denied to those who are unable to visit the Holy City" (Idinopulos: 128).
It was during Emperor Constantine's reign that Jerusalem gained more prominence in the Christian tradition. The Emperor built three churches in the Holy Land: the church in Bethlehem around the cave of nativity, the basilica over Christ's tomb, and the church on the Mount of Olives, the site of Christ's ascent to heaven. Both these latter churches are in Jerusalem (Idinopulos: 141). In addition to visiting these holy sites, pilgrims to Jerusalem today walk the path taken by Christ on the way to his crucifixion. Known as the Via Dolorosa, the route covers 500 meters and includes the 14 Stations of the Cross, ending at the Church of the Holy Sepulcher (Jacobs: 34-53).
For Islam, Jerusalem is the third holiest site, after Mecca and Medina in Saudi Arabia. Muslims view Jerusalem as the city of the prophets, including Abraham, Moses, Jesus, and ending with Muhammad, the "seal of the prophets" (Idinopulos; 207). IN 685 A.D., the Dome of the Rock (Qubbat as-Sakhra) was constructed. This stunningly beautiful mosque was built over the limestone rock where it was believed that Abraham took Isaac to be sacrificed and over the "Holy of Holies" of Solomon's Temple. Muslim tradition also refers to this site as the place from which Muhammad began his ascent to heaven to receive the final revelation from Allah. In 705 A.D., the Aqsa Mosque was built to commemorate the prophet's journey (Noble Sanctuary).
For centuries, Muslim pilgrims who were unable to make the Hajj to Mecca traveled to Jerusalem to visit this holy site, and all the prayers and rituals normally done at the Ka'ba were performed there. Jerusalem's significance to Muslims is illustrated by a popular saying in Islam: "one prayer in Jerusalem is worth forty thousand prayers elsewhere" (Idinopulos: 236)....
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