The Historical and Legal Context of Israel's Control over the Old City of Jerusalem

The control of the Old City in Jerusalem has been a topic of significant historical, political, and legal debate. This essay delves into the historical and legal underpinnings of Israel's sovereignty over this key location, focusing on the aftermath of World War One, the Treaty of Sevres, and subsequent events that have shaped the current situation.

World War One and the Treaty of Sevres (1920)

The signing of the Treaty of Sevres in 1920 marked a significant shift in the political landscape of the Middle East. This treaty, signed between the Allied Powers and the Ottoman Empire, laid the groundwork for the creation of a Palestinian state as a "national home for the Jewish people." At this time, Jerusalem, including the Old City, was under the control of the newly formed mandatory power, Britain, pursuant to the mandate system established by the League of Nations.

The Initial Creation of a Palestinian State (1920-1948)

According to the Treaty of Sevres, the disputed lands of the former Ottoman Empire were to be administered by the Allies, with Palestine being one of the territories allocated to this purpose. The League of Nations mandate system saw Britain as the mandatory power for Palestine, charged with preparing the territory for independence while promoting the establishment of a Jewish national home in the region. The British military administration oversaw the area until 1948.

The Establishment of the State of Israel (1948)

The British mandate for Palestine ended on May 14, 1948, when the State of Israel declared its independence. This declaration marked the end of British control and the establishment of a Jewish state. Simultaneously, the influence of the League of Nations mandate system began to wane, leading to the establishment of the state of Israel alongside the declaration of independence.

Jordan's Occupation (1948-1967)

During the 1948 Arab-Israeli War, Jordan occupied East Jerusalem, including the Old City. This occupation lasted until the Six-Day War in 1967, during which Israel recaptured East Jerusalem and all of the Old City. Despite this, the United Nations did not recognize the Jordanian occupation as a legitimate transfer of sovereignty over Jerusalem.

Legal and International Recognition of Israeli Sovereignty (1967 to Present)

Israeli sovereignty over the Old City was immediately and consistently recognized by the state of Israel and its allies. In 1980, Israel declared the entire territory of Jerusalem, including the Old City, to be its undivided and eternal capital. This declaration was met with international condemnation but was followed by continued Israeli control over the area.

Conclusion

The control of the Old City in Jerusalem is a complex issue with several layers of historical and legal contexts. While the Old City has been occupied and controlled by various entities throughout history, the legal recognition of Israeli sovereignty over the area is based on the Allied Powers' decisions, the historical collapse of the League of Nations mandate system, and the declaration of independence by the State of Israel in 1948. These factors have shaped the current situation, where the Old City is under Israeli control and considered by the Israeli government to be an integral part of its territory.

Keywords: Jerusalem, Old City, Israel sovereignty, Treaty of Sevres, Israeli control