Understanding the Current Status and Legal Claims to Jerusalem

In a densely contested region of the world, Jerusalem stands at the intersection of history, religion, and political tensions. The question of who currently owns and controls Jerusalem is a subject of considerable debate. This article aims to provide a balanced overview of the conflicting claims and the legal and historical context behind Israel's control of Jerusalem.

Israel's Control of Jerusalem

Israel has controlled Jerusalem since its occupation of the city following the 1967 Six-Day War. This period marks a significant shift in the political landscape of the region and remains a contentious issue in international diplomacy and domestic politics. The control and governance of Jerusalem are complex and multifaceted, encompassing both legal and historical considerations.

Legal Claims to Jerusalem

The legal basis behind Israel's control of Jerusalem is rooted in several key arguments:

1. War and Occupation

Israel argues that it gained control of Jerusalem through military conquest during the 1967 Six-Day War. This is presented as a justifiable action in response to a war initiated by Arab states. According to this perspective, Israel had no other choice but to defend its territory, leading to the capture of Jerusalem. Israel maintains that its sovereignty over the city is based on the outcome of this war.

2. Historical and Religious Claims

Israel asserts that Jerusalem is an ancient and intrinsic part of Jewish history and culture. They argue that the city has been under Jewish control for over 3000 years, with a continuous Jewish presence throughout most of this period, barring a brief expulsion during the Crusades. The textual support for this claim comes from the Torah and the Koran, which are foundational texts for Judaism and Islam, respectively. These texts are seen as authoritative by believers.

3. Legal Status under the UN and Historical Context

According to the United Nations General Assembly Resolution 181 (1947), Jerusalem was to remain an international city. However, no one came forward to manage this status, leading to the involvement of neighboring states. Transjordan (later Jordan) took control of East Jerusalem and West Bank, which were subsequently occupied by Israel in 1967. Israel's control over Jerusalem is acknowledged by its legal claim to sovereignty, though recognized territories within Jerusalem's limits have fluctuated historically.

International and Religious Perspectives

The ownership of Jerusalem is not solely a matter of territorial control; it also involves religious and spiritual significance. Various religious groups, including Christians, Muslims, and Jews, have a vested interest in the city. The Temple Mount, also known as the Noble Sanctuary, holds particular significance for Muslims, Jews, and Israelis. Furthermore, the Western Wall, considered a crucial site for Jewish prayer, is under the control of the Jewish Rabbanut.

Current Legal and Ownership Status

While Israel claims sovereignty over Jerusalem, the city is a unique case due to its special status under international law. The Palestinian side maintains a claim to the city, supported by United Nations resolutions and international consensus regarding the sanctity of Jerusalem as an area for all religious communities.

Current ownership of specific sites and areas in Jerusalem is split among various parties, including the Hashemite Kingdom of Jordan, which controls the Al-Aqsa Mosque, and various religious institutions and organizations. The Western Wall and Plaza, for example, are controlled by the Jewish Rabbanut.

Conclusion

The control and ownership of Jerusalem remain complex and controversial issues. The legal and historical arguments supporting Israel's control of the city are multifaceted, drawing upon military conquest, historical narrative, and religious texts. However, the global response to these claims is mixed, reflecting a balance between acknowledging Israel's legal and historical claims and respecting the rights of other communities and the broader international community's interest in Jerusalem's unity and cultural significance.