פרסומים – מכון ירושלים למחקרי מדיניות

Summary

Publication Year: 2011

Authors:

Ruth Lapidot

Although the Jerusalem question is basically a political one, legal aspects ainre also relevant for several reasons. First, some of the questions are in fact of a legal nature. Second, the parties base their claims on legal arguments. And third, when a compromise is reached, it will be included in a document of a legal nature. This publication regards the different opinions concerning the legal status of Jerusalem and attempts to explain why the legal status of Jerusalem is such a thorny problem the search for peace.

Reaching a Legal Compromise

Although the Jerusalem question is basically a political one, legal aspects are also relevant for several reasons. First, some of the questions are in fact of a legal nature. Second, the parties base their claims on legal arguments. And third, when a compromise is reached, it will be included in a document of a legal nature.

When looking for a solution to the dispute about Jerusalem, one has to take into account various aspects: the symbolic and religious significance of the city, its heterogeneity, and its geographical location. A compromise has to deal with very difficult matters, e.g. sovereignty (should it be divided? or shared? or suspended? or cooperative? or functional? or belong to God?); borders (should the borders of the city be redrawn? Or should it be enlarged so that it can include both an Israeli and a Palestinian capital?); Holy Places (their definition and their status), municipal structure, planning and conservation, economics, security, possible international involvement, infrastructure (e.g. water, sewage, access roads), settlement of disputes, and relations with the adjoining areas (how to preserve the close relationship with the surrounding areas in matters of culture and economics).

Some of these issues are very difficult. But if the parties really want peace, it may be hoped that they may reach a solution to the question of Jerusalem.

Download PDF