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Sunday, July 19, 2009

The legal status of East Jerusalem

The legal status of East Jerusalem

Introductory comment by Ilene Cohen, Executive Editor of World Politics, journal of Princeton University's Institute for International and Regional Studies:

What Netanyahu neglects to say (as reported in the Haaretz article, below) is that the Israeli annexation of East Jerusalem in 1967 is not recognized in international law or by the international community. The status of East Jerusalem is subject to UN Security Council resolutions. Hence, Israeli rule over (East) Jerusalem is illegal and therefore very much up for discussion.

Netanyahu (and his new ambassador in Washington, Michael Oren, and the rest of his crowd) continue to believe -- or so it seems -- that if they repeat their falsehoods often enough and assertively enough, they will make them so. But repeating a lie does not make it true. Israel stands in violation of international law on East Jerusalem, on the West Bank, and on the Golan Heights, no less so today than forty years ago.

There is no ambiguity about where the Israelis stand on a just agreement with the Palestinians on every final-status issue: NO to everything. Anyone who has held lingering doubts about Israeli intentions vis-a-vis the Palestinians and the state of Palestine can now know with confidence that those intentions are crystal clear and quite unacceptable: Greater Israel forever.

End introductory comment

Netanyahu: Israel rule over Jerusalem not up for discussion

Sunday, July 19, 2009

By Barak Ravid, Haaretz Correspondent (Jerusalem)

Prime Minister Benjamin Netanyahu said Sunday that Israel's sovereignty over Jerusalem was not a matter up for discussion. The prime minister's comments came after the U.S. State Department told Israeli envoy Michael Oren that Israel must halt a construction project in East Jerusalem.

Netanyahu told ministers at the weekly cabinet meeting that Jerusalem is the united capital of Israel and that all citizens are allowed to purchase property in any part of the city they choose.

"Imagine what would happen if someone were to suggest Jews could not live in or purchase [property] in certain neighborhoods in London, New York, Paris or Rome," he said.

"The international community would certainly raise protest. Likewise, we cannot accept such a ruling on East Jerusalem," Netanyahu told ministers.

This is the policy of an open city, he said, and Israel would not accept a stance that counters that civil right.

"Israeli Arabs are not forbidden from buying houses in west Jerusalem and Jews must be granted the same right in the eastern part of the city," he added.

Netanyahu said that he had made this stance clear to U.S. President Barack Obama, declaring that the issue of construction in Jerusalem could not be linked to the discussion on settlements.

Palestinian chief negotiator Saeb Erekat denounced the Israeli response, saying Netanyahu understands that a peace agreement is impossible unless East Jerusalem is deemed the Palestinian capital.

Peace and settlement activity are diverging paths that can never meet, he said.

Speaking Sunday in New Delhi, U.S. Secretary of State Hillary Rodham Clinton said the administration was trying to reach an agreement with the Israelis on settlements. "The negotiations are intense. They are ongoing," she said.

'U.S. tells Israel to halt East Jerusalem building'

The State Department summoned Oren over the weekend to advise him that the project developed by American millionaire Irving Moskowitz should not go ahead, according to both Israel Radio and Army Radio.

The State Department summoned Israeli Ambassador Michael Oren over the weekend to advise him that the project developed by American millionaire Irving Moskowitz should not go ahead, according to both Israel Radio and Army Radio.

Moskowitz, an influential supporter of Israeli settlement in East Jerusalem, purchased the Shepherd Hotel in 1985 and plans to tear it down and build housing units in its place. The hotel is located near a government compound that includes several government ministries and the national police headquarters.

The approval, granted by the Jerusalem municipality earlier this month, allows for the construction of 20 apartments plus a three-level underground parking lot.

In response, Oren told the State Department that Israeli construction in East Jerusalem was no different than in any other part of the country.

Jerusalem could not be considered along the same lines as settlements, he said, adding that Israel would not accede to this demand.

The Jerusalem municipality issued a statement following the report, saying the purchase was legal and it had acted with full transparency in granting building permits.

A spokesman for the U.S. Embassy had no immediate comment.

PA fears U.S. will let Israel keep up settlement construction

Meanwhile, Palestinian officials said on Saturday they were worried the U.S. administration was close to an interim agreement with Israel on settlement construction.

According to information that has reached the Palestinian Authority, Israel will not completely halt construction in the settlements but will limit it drastically to the point of almost stopping it. In exchange, Arab countries will implement previously discussed concessions - among them, allowing Israeli planes to cross their airspace and opening diplomatic missions.

The PA will discuss this with U.S. special Middle East envoy George Mitchell in Ramallah this week.

Sources in the PA said that "half-solutions" are unacceptable and that Israel must completely stop construction in the settlements.

The Palestinian daily Al-Ayyam reported on Saturday that Mitchell is to inform PA President Mahmoud Abbas by phone that the U.S. administration has been unable to obtain Israel's consent to stop construction completely.

Senior Palestinian officials have been following ambiguous statements made by Clinton, who has hinted that an agreement with Israel is in the offing.

Senior officials say American assent to even limited Israeli construction in the settlements would once again damage the American position as an honest broker in the Middle East. U.S. President Barack Obama told American Jewish leaders last week that his clear position against settlements has strengthened his position as an honest broker with the Arabs.

Over the past few days, Abbas has reiterated concerns over continued construction in the settlements, saying he would not renew negotiations with Israel as long as such construction persisted. However, senior Palestinian officials said that soon after the Obama administration reaches an agreement with Israel and the Arab countries, it intends to renew negotiations on a final status agreement. If the PA refuses to join, as Abbas apparently articulated, it will appear to be obstructing the peace process.

In any case, the PA will probably seek to postpone talks until after the Sixth Fatah Congress and general elections, scheduled for August 4. Sources in the PA said talks between Hamas and Fatah, which were to resume between July 25-28, would probably be postponed until after the Fatah Congress opens in Bethlehem.

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