The statements of the new Israeli Prime Minister Benjamin Netanyahu and Likud government senior officials on the peace process on the Palestinian, Syrian and Lebanese tracks have set off widespread and sharp criticism, especially from the Arab world. Among Palestinians these statements caused anxiety, anger and disgust and they may trigger the collapse of the peace process. Palestinian officials and the public have been very discouraged about the issues on the agenda for permanent status negotiations; specifically Jerusalem, settlements, borders and refugees.

The Jerusalem issue is the most significant and difficult part of the permanent status negotiations because of its profound resonance with both Palestinians and Israelis. Both sides consider the city the focus of their civic life and the capital of their nation. It is a red line, which cannot be crossed. We Palestinians consider Jerusalem the capital of our prospective Palestinian state, the centre of our society and the heart of our history and culture. This was vividly expressed by the events of the last week of September 1996, which followed Israel's opening of a tunnel beside al-Aqsa Mosque. These events resulted in the slaughter of at least 62 Palestinians and the wounding of about another 1600, as well as the killing of 16 Israeli soldiers. On the Israeli side, the majority of the Israelis consider Jerusalem the united and eternal capital of their state. They affirm this in word and deed. Jerusalem is also a significant financial resource for both communities, being a religious tourist site no less potent for making money than oil.

Jerusalem is not only important to the Palestinian and Israeli people, but also for millions throughout the world, due its Christian, Islamic an historical significance. These factors demand careful consideration in any discussion of an equitable formula for resolving the issue. In short, the Jerusalem issue is a time bomb, which might explode at any time and detonate the whole region.

Due to Jerusalem's unique status, the conflict over the city has taken a distinct and unusual form. Nonetheless, since principles of international law have not been applied and international resolutions have not been implemented, raw power has played a determining role in the conflict. As Israel is the strongest side, it has been able to impose physical realities in the city, changing its shape to judaize it and integrate it into its national structure.

As the negotiations on Jerusalem approach, we at al-Haq find it necessary to articulate a position on this difficult issue, based on the principles of international law and the Resolutions issued by the United Nations Security Council and General Assembly since 1947 regarding the occupation. Our position follows from our conviction that a just settlement of the Jerusalem issue in particular, and the Palestinian issue in general, must be based on these principles. Only such a settlement can be equitable. Only thus can it achieve a durable peace and security for the conflicting parties in the Middle East.

Our approach will take the following steps: first, considering the legal status of Jerusalem in the light of international resolutions and peace treaties signed between Palestinians and Israelis. Second, briefly examining Israeli behaviour towards Jerusalem, describing the most significant policies and actions, supported by numbers and maps. These factors will also be analyzed from a legal perspective. Then legitimate scenarios for the settlement of the Jerusalem issue will be presented to refute the Israeli vision for a settlement.

Achieving a just peace for Jerusalem based on international law must not only include the local parties but also the international community as represented by the United Nations and other such bodies. International responsibility stems from the need for enforcement and implementation of international law, which was enacted, developed and endorsed by the international community to regulate relations between such parties and provide a basis for the settlement of disputes among countries. International law will lose its credibility and will collapse if the international community fails to do this. This would take international relations back to before the establishment of the United Nations and its Charter, jeopardizing international peace and security and inviting the horrors of war.

Introduction

1. The Legal Status of Jerusalem

1st. Legal historical background
2nd. The unique international regime established by the partition Resolution
3rd. The Occupation of the western part of Jerusalem
4th. The Occupation and annexation of the eastern part of Jerusalem
5th. International Law, the Annexation of Jerusalem and other Israeli Measures

Notes on the Security Council Resolutions on Jerusalem

2. Israeli policy towards Jerusalem

1st. The closure of Jerusalem to Palestinians
2nd. Restriction of the Palestinian Presence and Enhancement of the Jewish One in Jerusalem

(1) Rejected Citizenship and Conditioned Residence
(2) Strangulation of Palestinian Development and Intensification of Jewish Settlement

3. Jerusalem and the Current Peace Process

1st. Madrid Formula
2nd. Oslo Agreements and the Postponement of Negotiations on Jerusalem
3rd. The Interim Agreement and the Participation of Jerusalem's Palestinians in the Elections

Notes on the Concluded Agreements

Israeli Practices and Statements Jeopardize the Permanent Status Negotiations

4. An Equitable Political Settlement for the Jerusalem Issue

1st. Scenario 242 / East Jerusalem is a Part of the Occupied Territories (Jerusalem Partition)
2nd. The Scenario of a Unified Jerusalem

Concluding Remarks

Annexes
Annex a: City of Jerusalem: Boundaries proposed by the AD HOC Committee on the Palestinian Question
Annex b: Changing attitudes of the United Nations towards Israel
Annex c: East Jerusalem / the Palestinian reality
Annex d: 'Greater' Jerusalem