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The embassy problem that won’t go away

Jerusalem, whose city?

President Trump broke the international consensus on Jerusalem, ignoring most other countries, which have denounced his new obstacle to peace.

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Israeli and US flags fly defiantly on the roof of a settlement in East Jerusalem in December 2017
Ahmad Gharabli · AFP · Getty

The US Congress passed the Jerusalem Embassy Act by a large majority on 24 October 1995, providing for the transfer of the US embassy in Israel from Tel Aviv to Jerusalem by 31 May 1999 at the latest. The act formally passed into law in November 1995, but President Bill Clinton refused to sign it, though the transfer had been one of his campaign promises in 1992. Presidents George W Bush and Barack Obama did the same, believing that the transfer should wait until the Israel-Palestine conflict was resolved, and that the US should heed the international consensus on the status of Jerusalem. To avoid ratifying the act, they signed waivers, as did Donald Trump in June 2017.

This nuanced approach ended when Trump recognised Jerusalem as Israel’s capital on 6 December. This went against UN Security Council resolution 476, which in June 1980 declared that all Israeli measures ‘purport[ing] to alter the character and status of the Holy City’ had ‘no legal validity’. A month later, Israel’s parliament passed a ‘basic law’ declaring that Jerusalem, ‘complete and united, is the capital of Israel.’ The Security Council responded in August 1980 with resolution 478.which demanded that member states withdraw their diplomatic missions from Jerusalem. Since then, with a few exceptions (Costa Rica and El Salvador kept their embassies there until the early 2000s, and some consulates remain), diplomatic missions have been based in Tel Aviv.

Trump’s announcement was greeted in Israel with joy and official delight. Few commentators mentioned that the White House had sidestepped the question of Israel’s full and exclusive sovereignty over Jerusalem by stating that the city’s precise limits needed to be defined in the framework of final status negotiations. And the US is not ready to move: it has to acquire land and build a new embassy first. US secretary of state Rex Tillerson has indicated several times that the transfer is two or three years off, not before the end of (...)

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Charles Enderlin

Charles Enderlin is a writer whose books include The Lost Years: Radical Islam, Intifada, and Wars in the Middle East 2001-2006 (Other Press, New York, 2007).
Translated by George Miller

(1) With 14 votes in favour and a US abstention.

(2) According to a poll in the Jerusalem Post on 14 December 2017, 77% of Israeli Jews polled considered the Trump administration as pro-Israel. During Obama’s first year, the figure was just 4%.

(3) Charles Enderlin, Shattered Dreams: the Failure of the Peace Process in the Middle East (1995-2002), Other Press, New York, 2002. This text, written by Israel’s justice minister, Yossi Beilin, and the lead Palestinian negotiator, Ahmed Qureia (better known as Abu Ala), was rejected by Gilead Sher, Barak’s chief of staff.

(4) Aluf Benn, ‘The End of the Old Israel’, Foreign Affairs, July 2016.

(5) On 2 January Israel’s parliament passed a new law requiring a majority of 80 rather than 61 out of 120 members to cede sovereignty over any part of Jerusalem.

(6) Charles Enderlin, ‘Israel loses its grip on democracy’, Le Monde diplomatique, English edition, March 2016.

(7) Interview with the author, 12 December 2017.

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