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Jordan and the Temple Mount: Have the Jordanians Forgotten Their Peace Treaty Obligations?

(Jerusalem Center for Public Affairs) Amb. Alan Baker - The Israel-Jordan peace treaty of 1994 specifies that Israel "respects the present special role of the Hashemite Kingdom of Jordan in Muslim Holy shrines in Jerusalem." Israel agreed that the day-to-day administration and organization of visiting and worshipping at the Al-Aqsa Mosque would continue to be the responsibility of the Jordanian Waqf, a branch of Jordan's Ministry of Awqaf Islamic Affairs and Holy Places, subject to Israeli security supervision and presence. The most recent Ramadan disturbances have given rise to a number of statements and actions by senior Jordanian personalities, expressing both support and encouragement for the continuing violence, as well as voicing threats against Israel and calls to change the present arrangements regarding the Temple Mount. Such enhanced Jordanian activism raises questions about Jordan's commitments pursuant to the 1994 peace treaty with Israel. The peace treaty distinctly referred to the situation, recognized and acknowledged by both parties, which existed at the time of its signature in 1994. It must be assumed that Jordan thereby acknowledged and committed itself to Israel's overall authority, including security responsibility, over the Temple Mount compound, subject to Israel's recognition and acknowledgment of the special role of Jordan. Therefore, recent reports of a new Jordanian initiative to remove Israel's control over the Temple Mount and to transfer security responsibility from Israel to the Waqf, as well as the authority to approve non-Muslim visits to the Temple Mount, would appear to be at stark variance with Jordan's peace treaty obligations. Moreover, statements by senior Jordanian personalities expressing support and encouragement for the Al-Aqsa rioters would appear to be at variance with the provisions of the peace treaty. In Article 11 of the peace treaty, entitled "Mutual Understanding and Good Neighborly Relations," the parties undertook to "seek to foster mutual understanding and tolerance based on shared historic values" and "to abstain from hostile or discriminatory propaganda against each other." The writer, who participated in the negotiation of the peace treaty with Jordan, served as legal adviser and deputy director-general of Israel's Ministry of Foreign Affairs.
2022-05-09 00:00:00
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