[Institute for Contemporary Affairs-Jerusalem Center for Public Affairs] Nadav Shragai - An imbalanced EU position paper on Jerusalem written in December 2008, and recently leaked to the media, completely ignores Israel's historical and legal rights to its capital. The EU attack refers primarily to the City of David, located just beyond Jerusalem's Old City walls, an area identified by archaeologists and historians as the location of King David's capital some 3,000 years ago. Archaeological excavations took place there during Ottoman rule, as well as under the ensuing British Mandatory rule, and they have continued under Israeli rule as well. About 20 years ago a wave of new, illegal construction by Palestinians began on the site, causing significant and sometimes irreversible damage to the antiquities there. The Jerusalem municipality intends to offer the delinquent residents generous compensation and alternative land in the city. Jerusalem has had a Jewish majority for the last 150 years - at least since 1864. Israel's position in Jerusalem under international law derives from the Palestine Mandate, where the League of Nations recognized "the historical tie between the Jewish people and Palestine," and called "for the establishment of a national home for the Jewish people in Palestine." The 1949 Armistice Agreement between Israel and Jordan did not fix the final boundaries between the parties, but only the lines of military separation at the close of the 1948 war. At the demand of the Arab side, the Armistice Agreement stipulated that it did not serve to predetermine the rights of any party in the final resolution of conflict. In other words, upon the outbreak of the Six-Day War, the 1967 lines enjoyed no diplomatic status. In 1967, Israel agreed to allow the Muslim Waqf to manage the Temple Mount area, with a view toward preventing inter-religious conflict at one of the world's most sensitive sites. This was a huge concession on Israel's part that has never been properly recognized. By doing so, Israel has underscored its intention to assure freedom of access to members of all faiths at all of the holy sites in Jerusalem.
2009-04-06 06:00:00Full ArticleBACK Visit the Daily Alert Archive