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The Discriminatory "Status Quo" on Jerusalem's Temple Mount: An International Law Viewpoint
(Jerusalem Center for Public Affairs) Alan Baker - Basic norms and values of religion inherent in the various biblical or other scriptures and sources would assume that the aim of any religion is for humankind to live at peace and in dignity and harmony with God and with humanity, and not serve as a source of constant and unending conflict. A status quo that perpetuates an ancient and outdated social structure that no longer exists, that practices religious discrimination and denies or restricts rights of worship, is blatantly incompatible with accepted international norms and concepts of equality, human rights, freedom of religion and worship, interreligious and intercultural dialogue, tolerance, understanding, and cooperation. One of the most striking examples of such a historical and irreversible "status quo" causing endless incitement to hatred, strife, and violence between religious faiths, communities, and states is Jerusalem's Temple Mount. Upholding and sustaining an antiquated, biased, second-class status for Jews, a remnant of the 18th-century Ottoman Empire, violates all accepted international human rights and nondiscrimination norms and should logically no longer be relevant or sustained in modern international society. A new, remodeled status quo would need to guarantee reciprocal recognition of religious rights and observance of the components of the "culture of peace." Perhaps the first step needs to be acknowledgment and realization by all concerned, including the respective religious leaderships, that a vital prerequisite for any definitive resolution of the dispute between Arabs and Jews is a logical and respectful remodeling of the antiquated status quo to be based on present-day international values and standards of fairness, equity, equality, and mutual respect, while protecting basic religious sensitivities and procedures. The writer, who heads the international law program at the Jerusalem Center, is former legal counsel to Israel's Foreign Ministry and participated in the negotiation and drafting of the Oslo Accords with the Palestinians.