Volume II - Annexes 66-210

INTERNATIONAL COURT OF JUSTICE
LEGAL CONSEQUENCES ARISING FROM THE POLICIES
AND PRACTICES OF ISRAEL IN THE OCCUPIED
PALESTINIAN TERRITORY, INCLUDING EAST JERUSALEM
EXHIBITS TO THE WRITTEN STATEMENT OF THE
HASHEMITE KINGDOM OF JORDAN
VOLUME II
EXHIBITS 66-210 / PAGES 885-1735
25 JULY 2023
Ir Amim (“City of Nations” or “City
of Peoples”) focuses on Jerusalem
within the context of the Israeli-
Palestinian conflict. Ir Amim seeks to
render Jerusalem a more equitable
and sustainable city for the Israelis and
Palestinians who share it. Ir Amim
envisions a city that ensures the dignity
and welfare of all its residents and that
safeguards their holy places, as well as
their historical and cultural heritages—
today, as well as in the future. Ir Amim
aspires to a sustainable political future
for Jerusalem, achievable only through
a negotiated process between Israel
and the Palestinians.
Ir Amim was founded in 2000,
and became active as a non-profit
organization in 2004.
Keshev - The Center for Protection of
Democracy in Israel was established by
a group of concerned citizens following
the assassination of Prime Minister
Yitzhak Rabin in order to defend and
promote democratic values in Israel.
Since 2005 Keshev has been carrying
out a long-term media monitoring
project, which aims to change patterns
of discourse and media coverage in
the region. Keshev is not affiliated with
any political party and is supported by
contributions alone.
Dangerous Liaison
March 1, 2013
The Dynamics of The Rise
of The Temple movemenTs
anD TheiR implicaTions
Ir Amim
27 King George St., P.O. Box 2239
Jerusalem 94581
Telephone: 972-2-6222858
Fax: 972-2-6233696
www.ir-amim.org.il | [email protected]
Keshev
Address: P.O.B 8005, Jerusalem 91080
Phone number: 972-50-5317531
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The Dynamics of The Rise of The Temple movemenTs
anD TheiR implicaTions
March 1, 2013
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acknowleDgmenTs
research and writing: Yizhar Be’er
editing: Tomer Persico
english translation: Shoshana London Sappir
english editing: Betty Herschman
aDvisoRy commiTTee
ir amim: Prof. Menachem Klein; Prof. Elhanan Reiner; Yudith Oppenheimer
Keshev: Danny Rubinstein, Charles Enderlin
Legal advisor: Attorney Michael Sfard
special thanks: Eyal Hareuveni
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tabLe of contents
Preface: the need for a new analysis of the temple Mount/Haram al-sharif 5
introduction: temple Mount/Haram al-sharif as a focal Point
of the Israeli-Palestinian Conflict 7
Part 1: the growing activity of the temple Movements in israel:
Historic and ideological background 11
Part 2: organizations and Movements for the temple 33
Part 3: ties between government institutions and temple Movements 53
conclusion and recommendations 75
reactions 79
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Preface: tHe neeD for a new
anaLysis of tHe teMPLe Mount/
HaraM aL-sHarif
The Temple Mount/Haram al-Sharif is one of the most complicated and sensitive issues
on Israel’s agenda, activating friction points between Israel and the Palestinian population,
the Arab nations surrounding Israel, the Muslim world and domestically, within the Israeli
Jewish community itself.
Over the past several hundred years, a status quo has been maintained according to which
the Temple Mount/Haram al-Sharif area (henceforth: the Mount) is an area reserved for
Muslim prayer and the Western Wall is a prayer area reserved for Jews. Over the last
decade, the status of these areas has gradually shifted, driven by a revival of activity by
Jews determined to strengthen the status of the Temple Mount/Haram al-Sharif complex
as a Jewish religious center and to marginalize the claims of Muslims to the Mount. In the
past year alone, hundreds of national religious Jewish pilgrims have ascended the Mount,
including groups of rabbis, women, members of Knesset and recently, soldiers in uniform.
It is necessary to take a sober look at the activities of the organizations advancing this
agenda and to examine the official institutional support Israel allocates to underwrite
their activities. As will become clear, the Jerusalem Municipality and other government
ministries directly fund and support various activist organizations driven by the mission
to rebuild the Temple.
This report aims to present information about the growing activity of organizations
working to change the status quo on the Temple Mount/Haram al-Sharif and, in some
cases, to actually erect the Third Jewish Temple upon it. The report describes the
historic, legal and halachic background of the state of affairs on the Temple Mount/
Haram al-Sharif complex today, introduces the main players within the pro-Temple
movements and demonstrates the deepening association between these movements and
official Israeli authorities.
The sensitive political and religious status of the Temple Mount/Haram al-Sharif and the
impact of activities conducted there on Israel’s future are clear. The movements’ growing
momentum and dangerous provocations to change the status quo are not receiving
adequate attention, nor is the disturbing connection between these movements and
official Israeli institutions. This report seeks to expose these trends—to present and
analyze the dynamics of the growth of the Temple movements, their insidious leaching
into the public domain and political center in Israel and the nature and depth of ties
between Temple groups and the Israeli establishment.
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This report focuses on a site that, by Jewish tradition, is referred to as the Temple Mount
and by Islamic tradition, Haram al-Sharif. To avoid complication, the terms “Temple
Mount” or “the Mount” will be used, while stating in advance that wherever these terms
appear, they refer to the site known as the Temple Mount/Haram al-Sharif.
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introDuction: teMPLe Mount/
HaraM aL-sHarif as a focaL Point
of tHe israeLi-PaLestinian confLict
The significance of the Temple Mount in Jewish tradition requires little elaboration. Its
paramount importance is reflected in Jewish law, prayer and holiday traditions. However,
since its destruction, the Temple has remained largely symbolic—an object of longing,
deferred to a seemingly unattainable future era, and framed by a system of restrictions
and rituals that moderate preoccupation with the question of its reconstruction. It is
precisely because of the sanctity of the Temple Mount complex—the site of the First
and Second Temples—that there is a halachic prohibition against visiting the Mount, as
differentiated from the case of the ritual sacrifice service, which found a substitute in
public prayer in synagogues.
The Islamic name given to the Temple Mount complex is Haram al-Sharif—for Muslims,
the third holiest site in Islam after Mecca and Medina. The Islamic Waqf, responsible for
oversight of the complex, is appointed by Jordan and its status is anchored in the peace
agreement between Israel and the Hashemite Kingdom. The Islamic shrines located on the
Mount—the Al-Aqsa Mosque and the Dome of the Rock— have become fundamental
symbols of Palestinian nationality that unify Muslims and Christians, both secular and
religious. In recent decades, the strengthening of Islamic movements has led to the
elevation of the site's importance in the Muslim world. At the same time, elements
within these movements have increased their tendency to deny the Jewish people's
historic attachment to the Temple Mount.
The religious and political conflict surrounding the Temple Mount/Haram al-Sharif has provoked
violence and bloodshed in the past and continues to constitute one of the central obstacles to
resolution of the Israeli-Palestinian conflict. When the status of the Temple Mount came onto
the agenda between Israel and the Palestinians during the Oslo peace process, Israel raised the
possibility of permitting Jews the right to pray on the Mount. At no stage of the negotiations did
Palestinians indicate willingness to discuss concessions regarding an exclusive Muslim presence
on the Mount. In unofficial talks, Palestinian representatives advised Israeli representatives not
to raise the suggestion of granting rights of worship on the complex to Jews, a development
that would have the potential to elevate conflict over the Mount to the status of a religious
war. Ultimately, the question of a settlement on the Temple Mount/Haram al-Sharif became a
central stumbling block in the negotiations, which have been dormant for more than a decade,
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between the Taba conference in 2001 and the recent resumption of negotiations in 2013.1
The objection to any arrangement granting prayer rights to Jews on the Temple Mount/
Haram al-Sharif recurs in statements made by various Muslim religious and public figures.
For example, Sheikh Akrama Sabri, President of the High Muslim Council and former Mufti
of Jerusalem, has claimed that the area of the Al-Aqsa Mosque belongs exclusively to
Muslims and denies any Jewish rights to the area. Sabri has firmly resisted any agreement
allowing Jews to pray in the Temple Mount/Haram al-Sharif plaza2. Muhammad Hussein, the
Mufti of Jerusalem, and other religious figures have made similar claims.
Attempts to forcibly realize Jewish worship rights on the Mount therefore constitute an
explosive religious and political issue. In recent years unofficial and private Jewish organizations
have been progressively escalating activities surrounding the Mount. Being careful to note
the differences between them, the activists and organizations promoting these ideas will
henceforth be referred to as "the Temple movements." These groups receive support and
assistance from government bodies, as well as the encouragement of a public political lobby.
Their purpose is to raise awareness and stress the importance of the Mount and the Temple
for the Jewish people today. These developments have considerable public significance.
This report will examine the significance of Temple movement activists’ demands and
actions, exploring the people and groups behind efforts to change current arrangements
on the Mount and the network of ties between these groups and the Israeli establishment,
including the provision of public, political and economic assistance.
The decision to focus on Temple group activists and their ties to the establishment was
precipitated by the considerable expansion of Jewish circles with the overriding objective
of advancing construction of the Third Temple while harming Islamic holy sites, or working,
as an interim goal, toward a unilateral change of arrangements on the Temple Mount/
Haram al-Sharif. Their deepening ties to the Israeli political and official establishment have
only exacerbated concerns. It should be stated here that this document does not intend
to review Islamic activities to expand prayer areas on the Mount, the archeological damage
caused by such expansion or Islamic denial of the historic connection between the Jewish
people and the site. Neither does it intend to examine the activities of fundamentalist
Christian groups, who also have motives related to the status of the Mount.
There is mutual and reinforcing interaction between Muslim and Jewish trends: the
Temple movements bolster themselves with quotes from Muslims and Arabs who negate
1 See Shlomo Ben Ami, a frontline without a Home front: Journey to the Limits of the Peace Process,
[Hebrew] “yedioth Ahronoth”, Tel Aviv, 2004; Gilead Sher, the israeli-Palestinian Peace negotiations 1999–
2001: within reach (New York: Routledge), 2006; Menachem Klein, shattering a taboo: the contacts toward
a Permanent status agreement in Jerusalem 1994-2001 (Jerusalem: The Jerusalem Institute for Israel Studies),
2001; Robert Malley, Hussein Agha, “Camp David: The Tragedy of Errors”, the new york review of books, July
12,2001 ; Akram Haniyah, “Special Document: The Camp David Papers”, Journal of Palestine studies 30(Winter
2001): 75-79 ;Charles Enderlin, shattered Dreams: the failure of the Peace Process in the Middle east 1995-
2002, trans. Susan Fairfield (New York: Other Press), 2003.
2 See for example, Elad Benari, “Terrorists Warn Israel: Harming Al-Aksa Will Open Gates of Hell”, arutz
sheva, August 22, 2012.
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Jewish attachment to the site and the Temple while Islamic movements buttress their
arguments by stressing Jewish threats to worship arrangements and Islamic shrines on
the Mount. Islamic construction work undertaken without archaeological supervision,
and Israeli archaeological excavations and construction plans surrounding the Mount,
also intensify mutual suspicion, accusations and pretexts for action. This feedback loop
escalates the discourse and actions taken by both sides and strongly influences decision
makers from both camps. Though Arab and Islamic activity has attracted public interest
and government response, we suggest that the considerable dangers posed by the Jewish
Temple movements, their goal of achieving a radical unilateral change in the system
of arrangements on the Temple Mount and the problematic nature of government
collaboration with these groups has not received the public attention it merits. The
immediate dangers threatened by these civil and political activities, and the role of the
Israeli administration in exacerbating them, provide a strong rationale for turning the
spotlight on the Temple movements.
After Israel conquered the Mount in 1967, a status quo was reached between Israel
and the Muslim Waqf governing worship arrangements on and around the Mount. Since
then, Jewish Temple activists have attempted on several occasions to physically vandalize
Islamic shrines on the Mount in order to promote the construction of the Third Temple
and the process of redemption as they understand it. In the last three decades, there
has been a considerable increase in movement-sponsored public education activities and
dozens of organizations have arisen with the goal of raising public awareness about the
importance of the Temple Mount and its reconstruction. These groups are backed by
an increasing number of public figures, Knesset members and state institutions. It should
be stressed that while most of these groups’ activities are legal, the conflict of interests
raised by the cooperation and funding they receive from government bodies cannot be
taken for granted.
The Temple movements promote an ideology that places the Temple at its center—not
as a symbol or distant goal but as a real object of political, religious and cultural actions to
force a fundamental change of the existing arrangements on the Mount. For these groups,
building of the Temple is an action plan and a theological and practical operational order.
Considering the Temple Mount/Haram al-Sharif's religious, cultural, political and symbolic
status, and in light of past attempts to alter the status quo, a forced and unilateral change
of arrangements violates the right of Muslims to determine worship arrangements for
their holy sites and therefore has a tremendously explosive potential.
While state authorities may exercise their prerogative to support movements and
organizations operating within the law, they must do so with transparency and with full
responsibility for the potential consequences of their actions. Furthermore, with regard
to educational activities, the historic and halachic status of the Mount must be presented
comprehensively and without bias, acknowledging the Mount’s sanctity and status in
Islamic tradition and Israel's duty to defend the religious aspirations of Muslims—an
acknowledgement clearly not reflected in Temple movements’ activities. This report does
not aim to present a normative, political, religious or moral approach to the question
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of Jewish or Muslim rights to the Temple Mount/Haram al-Sharif, nor to advocate a
particular political solution or take a stand on questions related to the Temple and its
reconstruction, whether by man or by God. The goal is to present data collected about
the growing activity of the Temple movements and to evidence their connection to Israeli
government and public bodies.
The material on which this report is based was collected from four primary sources: field
research; monitoring of sectarian and general media coverage; a literature review; and
interviews with key players and activists.
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Part 1: tHe growing activity of tHe
teMPLe MoveMents in israeL: Historic
anD iDeoLogicaL bacKgrounD
While there is no doubt as to the central status of the Temple in Jewish tradition, most
religiously observant Jews are not moved to action when they pray three times a day in
the “shemoneh esreh” prayer, “May our eyes behold your return to Zion" and end with
the personal whispered prayer, “May it be your will… that the Temple be rebuilt speedily
in our days”. Many commandments and holidays are connected to the Temple, mourning
for its destruction has not ceased for 2,000 years and many hope, believe and expect it to
be rebuilt "speedily in our days" or "in the days of the Messiah". Mount Moriah, on which
the First and Second Temples stood, is the site where the Third Temple is intended to
be built.
Today there are two main buildings on the Mount: the Al-Aqsa Mosque and the Dome
of the Rock, built during the first Islamic period in the seventh century BC. Beyond the
sanctity of Al-Aqsa and the Dome of the Rock to Muslims, these sites have become
central symbols of Palestinian nationality that unite Christians and Muslims—secular and
religious—in the same way the Western Wall cements Israeli nationality. It is noteworthy
that in the Islamic faith, the entire Mount is considered to be a mosque. Social, political
and religious developments, the strengthening of Islamic movements and the Palestinian
national struggle have all played a role in elevating the site's importance over the last
decades for the Muslim and Arab worlds and among Palestinians.3
3 Political connection and religious connection are not two completely disparate matters, of course, but do
have an influence on each other. As Yitzhak Reiter writes in the context of the Temple Mount: "The level of a
site's sanctity is linked to the political conditions around it. Even though in ancient times there was no separation
between religion and politics (and some would say the same is true in the modern age), considerations that we
would call political had an influence then as they do today on the centrality of a sacred site in religious faith and
on the intensity of the religious sentiment that developed towards it." Yitzhak Reiter, “Introduction” in Yitzhak
Reiter, ed., sovereignty of god and Man: sanctity and Political centrality on temple Mount (Jerusalem: The
Jerusalem Institute for Israel Studies, 2001), 6. For an in-depth review of the process of elevating the sanctity of
Al-Aqsa and al-Quds in the Muslim world and denying the Jewish connection to the holy sites in Jerusalem, see
the Jerusalem Institute for Israel Studies’ report: Yitzhak Reiter, from Jerusalem to Mecca and back the islamic
consolidation of Jerusalem, (Jerusalem: The Jerusalem Institute for Israel Studies), 2005.
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pResenT aRRangemenTs on The Temple mounT/
haRam al-shaRif
The current situation at the holy sites in Jerusalem is rooted in the status quo established
during the Ottoman era.4 The overriding principle guiding worship arrangements over the
past 500 years is the separation of worship sites: Muslims conduct their religious worship
in Al-Aqsa Mosque and the Dome of the Rock and Jews worship at the Western Wall.
This principle was revalidated after Israel occupied the Temple Mount/Haram al-Sharif in
1967. Ten days after the occupation, on June 17, Defense Minister Moshe Dayan and the
members of the Higher Muslim Council agreed that IDF soldiers would vacate the Mount
area and deploy around it, allowing internal supervision to remain under the purview of
the Waqf and designating authority for external security to Israel's security forces. The
interdiction against Jewish prayer on the Mount was accepted by a ministerial committee
for the protection of holy sites and was tacitly indicated by halting Rabbi Goren's activity
on the Mount and ordering security forces to evict Jewish worshipers attempting to pray on
the Mount.5 This arrangement satisfied both the Waqf and the Orthodox Rabbinate. The
“constructive ambiguity” that enabled the status quo of 1967 has now become an opening
for disrupting the arrangement developed at that time.
The Waqf manages the Mount and controls the opening and closing of its gates, except
for the Mughrabi Gate. It establishes the rules of conduct and attire and is responsible
for maintenance. The Waqf also maintains the right to collect entrance fees for the Al-
Aqsa Mosque and the Dome of the Rock but not to the Mount itself. It is also prohibited
from waving flags or performing work or excavations without coordination with Israel.6
In July 2012, Attorney General Yehuda Weinstein instructed legal advisors to the Israel
Antiquities Authority, the Jerusalem Municipality and the Israel Police that the Mount is part
of Israeli territory and therefore Israeli law, including the Antiquities Law and the Planning
and Building Law, applies to its governance.7 He went on to instruct that because of the
unique nature of the site, the law should be applied with extreme sensitivity and attention
4 See Yiftah Zilberman, the struggle over Mosque/temple in Jerusalem and ayodhya (Jerusalem: The
Jerusalem Institute for Israel Studies), 1997.
5 Shlomo Goren, temple Mount book - Meshiv Milchama, Part 4, 1992, 15; Amnon Ramon, the attitude
of the state of israel and different sections of the Jewish public to the temple Mount (1967-1996) (Jerusalem:
The Jerusalem Institute of Israel Studies, 1997), 7.
6 In October 2007 the Knesset's State Control Committee asked the State Comptroller to write an opinion
about repair work the Waqf initiated on the Temple Mount. The Comptroller checked the conduct of the
Israeli authorities – the Prime Minister's office, the Justice Ministry, the Foreign Ministry, the Ministry of Domestic
Security, the Israel Police, the Israel Antiquities Authority, the Jerusalem Municipality and the Israeli committee
to UNESCO operating in the Education Ministry, mainly in the years 2001-2007, and completed the inquiry
in 2010. After completing the examination, the Comptroller showed his findings to the Knesset committee
that in consultation with the comptroller, the Prime Minister's Office, the Ministry of Domestic Security, the
Justice Ministry, the Foreign Ministry, the Shabak, the Police, the Israel Antiquities Authority and the Jerusalem
Municipality decided not to present the opinion to the Knesset (which is to say, not to publish it), and to publish
only its introduction and conclusions "to protect national security and prevent harm to Israel’s foreign relations."
The material for which publication was permitted is available here.
7 reshet bet news, July 17, 2012.
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to pragmatic considerations.8 The peace agreement between Israel and Jordan states that
the Hashemite Kingdom has preferential status on the Temple Mount/Haram al-Sharif;
therefore, any change in arrangements on the Mount necessarily involves the Hashemite
Kingdom and Israel’s relations with it.
Israel maintains a security presence in the Temple Mount/Haram al-Sharif envelope and in
special emergencies, within the complex itself. At times, it imposes various restrictions on
entry for stated security reasons (for instance, prohibiting entry of Muslim worshipers under
the age of 45 or barring the entry of Jews on Muslim holidays), and deploys an Israeli police
presence in the complex in the “mahkama” building. The State allows the entry of non-
Muslims, Israeli Jews and tourists into the site through the Mughrabi Gate during designated
hours coordinated with the Waqf. Because non-Muslim visitors do not have worship rights,
Jewish prayer and rites are forbidden at the site. Furthermore, the Israeli Police bars the
entry of certain individuals it considers provocateurs from entering the Mount. The list of
people barred from entrance currently includes 20 activists from the Temple movements.9
Israel does not have a coherent and conclusive policy regarding arrangements on the
Mount.10 The present status quo barring Jewish prayer on the Mount was accepted and
ratified by the Supreme Court, which considered the issue on several occasions in response
to petitions submitted by the Temple movements. The Supreme Court recognized that
Jews have a right to pray on Temple Mount/Haram al-Sharif; however, it ruled that the
executive branch maintains the discretion to forbid Jewish prayer for security reasons.11
Recent evidence points to the Police practice of allowing people who enter the Mount
complex to pray silently but not publicly.12
The status quo in effect since 1967 stems from the need to balance conflicting interests:
on the one side, Israel's desire to impose Israeli sovereignty on the Mount and on the
other, various commitments to defend the holy sites of other faiths13. The fear of violent
flare-ups within the Muslim public, the reaction of the Muslim world and the criticism of
8 Yitzhak Reiter points out that the Waqf claims that Police permission for the activity of the Temple
movements proves that the Israeli government stands behind them. Reiter believes that any provocation by
Temple activists such as a demonstrative prayer by Jews on the Mount could lead to a violent outbreak, because
"gas fumes" fill the air and the slightest spark would be enough to ignite them. Yitzhak Reiter, interview with
author, November 28, 2012.
9 Yizhar Be’er, interview with Yehudah Glick, May 7, 2012.
10 According to Ami Ayalon, "The Israeli government, at least in my time, never developed a clear policy
that was turned into directives on the subject of Temple Mount." Ami Ayalon, interview with Yizhar Be’er and
Yehudit Oppenheimer, December 12, 2013. The conduct of the cabinet ministries and security agencies, as
it emerges from the data and findings that will be presented herein, indicates that the government still has no
coherent policy on this subject today.
11 HCJ 257.89; HCJ 2410/90. For further information, see Ramon, 9.
12 According to the testimonies of Temple movement activists, they were promised this by the site commander,
Deputy Commander Avi Biton. See Shlomo Pyotrakovsky, "Rabbi Ariel allowed to return to Temple Mount,"
besheva, September 20, 2012 (http://www.inn.co.il/Besheva/Article.aspx/12343); Hagai Huberman, "Shame
on Temple Mount," Matzav Haruach, October 12, 2012 http://the--Temple.blogspot.co.il/2012/10/blogpost_
1741.html (May 5, 2013).
13 See Zilberman, 1997. Among other sources, the undertakings that stem from the Declaration of
Independence, the Oslo accords, and the peace accord with Jordan.
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the international community are also significant factors. Over the years, the status quo has
been modified and maintained through informal and unwritten contacts between the Israeli
authorities and the Waqf, which answers mainly to Jordan.14
After 1996, following the opening of the Western Wall Tunnels, contacts between Israel
and the Waqf diminished, almost breaking off completely. Today Israel interacts with the
Waqf almost entirely through the Police. Such breakdowns in cooperation increase the
possibility of violent outbursts resulting from provocation, incitement or a unilateral attempt
to change the status quo. Violent outbreaks have occurred in the recent past in response
to perceived attempts to change the status quo on and around the Temple Mount/Haram
al-Sharif.
According to Ami Ayalon, former head of the Israel Security Agency (a.k.a. the “Shabak”):
"The very fact that Jews who want to change the status quo, whether it is Feiglin
or anyone else, ascend the Mount and pray, is a recipe for explosion. We [Shabak]
have said that even though the status quo is problematic, stability is very valuable
and anyone who wishes to change the status quo must do so very patiently, in
the broadest circles. Such a process must include the kings of Morocco, Jordan
and Saudi Arabia as well as the president of Egypt. The second circle includes the
leadership of the Palestinian Authority. […] All of this must be part of a broader
political process. Only a combined treatment by all of these parties might bring
about a change in the status quo on the Mount."15
Cmdr. Mickey Levy, former commander of the Jerusalem District of the Israel Police, states:
"The status on [the] Temple Mount should be maintained as it is. The Court has ruled
that any [Jew] who wants to worship God should be directed by Police forces to the
Western Wall. Period. Any attempt to change the status quo on the Temple Mount
will be perceived as an emotional-religious attempt, and we cannot even begin to
imagine the destruction, the damage, the casualties and the loss of life in vain. Nobody
can measure that. […] There is no choice. This is the lesser evil. I was at that site for
so many years. So many times stones were thrown at us from there and I burst into
the Temple Mount at the head of police forces to quell riots. When I was there I
compared myself to the Dutch boy with his finger in the dyke to prevent the water
from bursting out. I, too, pushed my finger into the Western Wall and prevented the
outbreak. If we are not exceedingly cautious, World War III will start here. We must
be careful and act with wisdom, exercising caution and not arrogance."16
Hundreds of Jews and tens of thousands of tourists ascend the Mount every month.
For example, in October 2012, 840 Jews and 31,058 tourists ascended it.17 In recent
14 Yitzhak Reiter, options for the administration of the holy places in the old city of Jerusalem, (Jerusalem:
The Jerusalem Institute for Israel Studies), 2008.
15 Ami Ayalon, interview with Yizhar Be’er and Yehudit Oppenheimer, December 13, 2012.
16 Interview by Arnon Segal with Mickey Levy, "House of my dreams," Makor rishon, January 11, 2013.
17 Arnon Segal, "Daf Habayit," Makor rishon, November 16, 2012.
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years there have been 10-15,000 ascents by Jews every year (often serial ascents by
the same people).
TRaDiTional Jewish BaRRieRs ResTRaining The gRowTh
of Temple movemenTs
Despite the centrality of the Temple in Jewish tradition, after the destruction of the Second
Temple in the Middle Ages a system of restrictions and substitutes was developed which
prevented Jews from engaging in practical questions regarding building of the Temple and
prohibited their entrance to the Mount complex. Thus, the desire to build the Temple was
postponed until the "days of the Messiah", the rite of animal sacrifice was supplanted by
public prayer in synagogue (considered to be a "miniature Temple") and the paschal sacrifice
was replaced by use of the shank bone on the Seder plate during Passover. From the 16th
century the Western Wall, rather than the Temple Mount, became the direct object of
prayers, longing and yearning.
Many supreme halachic authorities such as Rashi, Maimonides and Nachmanides ruled that
the Third Temple would be built by God rather than by human action.18 This position was
advanced by those seeking to restrict the scope of permissible actions toward reconstruction
of the Temple for Jews and to neutralize some of the messianic tension fanned by the hope
of its construction. In the modern era, Rabbi Zvi Yehuda Kook, the leader of Gush Emunim,
as well as large segments of religious Zionism, ruled that one must not act now—in the
current era—to rebuild the Temple.19
Even if we were to ignore these principled rulings, the very ascent to the Temple Mount
by Jews has been forbidden by various halachic rulings. The interdiction is rooted in the
laws of purity and impurity, based on the idea that all Jews today are polluted by the
"impurity of death" through primary or secondary contact with the dead. According to
halachic tradition, one must not enter the area of the Temple without being cleansed
from the impurity of death. This purification ritual is no longer possible given the
18 The source of the idea is the apocalyptic literature of the first centuries of the Christian era, and especially
the Book of Zerubavel attributed to the seventh century. A number of tractates of the Gemara also use the
phrase "the Temple will be built speedily", which the early commentators understood as evidence that the Third
Temple would be built by Heaven. For example, Rashi writes in two places: "But the future Temple we await
will be revealed, built and perfected and will come from Heaven, as Scripture says ‘your hands will establish
God's Temple.’” Maimonides opined that the Third Temple would be built by the Messiah. In Laws of Kings, in
his book Mishneh Torah, he writes that "the Messiah King is going to restore the Kingdom of David to its old
grandeur of the first government and build the Temple and gather the dispersed of Israel" (Laws of Kings and
Wars). Nachmanides, in The Book of the Dispute, also supports Maimonides' approach: "The Messiah will build
the Temple in Jerusalem" (writings of Nachmanides, Part 1, 315).
19 "When people come to me claiming it is time to build the Temple, I tell them: what you are demanding
does not stem from your great Torah learning but from your Torah ignorance. Construction of the Temple is
not a commandment upon the individual but upon the public, of the Jewish community, and just like there is
a commandment to build the Temple, there is also an order to the Commandments… I told the people who
demand to build the Temple: are you in a hurry to build the Temple? There is no hurry. First let us establish the
Kingdom of Israel” (Conversations of Rabbi Zvi Yehuda, Messiah Chapters 4; Talmud Torah, addition 2).
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requirement of a special rite
involving the ashes of a red
heifer, which cannot be found
today.20
Doubts as to the exact location
of the Temple also contributed to
prohibitions against Jews’ ascent.
Though the Temple did not
extend over the entire area of
the Mount, inability to specify its
location led great interpreters of
halachic Judaism to rule that one
must not ascend the Mount area
at all. Before the Mount was captured in 1967, the interdiction against Jewish ascent to the
Mount was accepted by all mainstream interpreters of halachic Judaism. Even after Jerusalem
was "united" in 1967, the Chief Rabbinate, the Haredi rabbinical leadership and the national
religious rabbinical leadership reiterated the prohibition against the entry of Jews to the
Mount. Over the years, leading rabbis such as Ovadia Yosef, Mordechai Eliahu, Eliahu Bakshi
Doron, Moshe Amar, Shlomo Aviner and many others maintained the absolute ban.21 The
Chief Rabbinate even fixed a sign at the entrance of the Mughrabi Gate prohibiting entry
to the Mount "according to Torah law."
In recent years we have witnessed a change in the definitions of the prohibition by religious
Zionist rabbis, who call on Jews to ascend certain areas of the Mount "in a state of purity"
and even lead such ascents themselves. They rationalize these actions based on the belief
that they have the ability to identify where the boundaries of the ancient Temple ran and to
direct their students accordingly. Among these rabbis are many of the leaders of the historic
Gush Emunim, rabbis of the "settlement enterprise" and students of Rabbi Zvi Yehuda Kook
(who himself opposed ascending the Mount), including Rabbis Chaim Druckman, Dov Lior,
20 There have been attempts in the past to find the red heifer, which continued this stage, but so far without
success. See Gershom Gorenberg, the end of Days: fundamentalism and the struggle for the temple Mount,
(Oxford: Oxford University Press, 2000), 7-29.
21 The mainstream position among Haredi Judaism about the Temple Mount is represented well by MK
Moshe Gafni of the Torah Judaism faction, as he expressed it in the Knesset in 2009: "This situation of Jews
ascending the Temple Mount and bringing up the terrible dispute between Jews and Muslims is an unacceptable
phenomenon. First, ascending the Temple Mount is forbidden. It is not allowed, punishable by extirpation.
Second, what do they want to gain by ascending the Temple Mount? Do they want there to be bloodshed in
the most severe sense of the word? There cannot be greater bloodshed” (Knesset session no. 64, October 28,
2009). Haredi objection to ascending the Mount can also be discerned from the reaction of the Lithuanian-
Haredi publication Yated Neeman to the ascent of the Mount by the Religious Zionist rabbis. The journal called
those rabbis "idol worshipers", "Reform Jews" and "merchants of the Torah's commandments." Another article
in Yated Neeman said "those who worship the Zionist calf are willing to bend anything for that calf even if they
are the last ones who still worship it"; "They wish to desecrate and pollute the Temple Mount, the site of our
Temple, out of faith in the false worship of Zionist redemption, as if by Jews ascending the site of the Temple,
redemption will be brought nearer" (according to Yair Ettinger, “Haredim: the rabbis who ascended Temple
Mount are idol worshipers," Haaretz, May 15, 2007).
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Nachum Eliezer Rabinowitch, Eliezer Waldman, David Dudkevitz and Rabbi Yisrael Ariel,
head of the Temple Institute.22
This change in halachic policy arose in response to the Oslo accords.23 Negotiations with
the Palestinians ignited fears that a compromise with the Muslim world would also include
renunciation of the Mount. As a reaction, members of the Movement for Temple Renewal acted
to increase the number and frequency of ascents to the Mount to signal to decision makers,
as well as to Muslims, that there would be no concessions on the Mount. The Movement for
the Temple Renewal found their allies in the Yesha (Judea and Samaria) Rabbis Committee.
In 1996, after consulting members of the Movement, the Yesha Rabbis Committee ruled that
ascent to the Mount was permitted and called on every rabbi "to ascend, himself, and to instruct
his community that one must ascend while respecting all the boundaries of Jewish law."24
The Temple movements were able to reap the fruits of that halachic change in 2003,
when the Mount reopened to non-Muslims after being closed for three years following the
outbreak of the Al-Aqsa intifada. Since the Yesha Rabbis Committee issued their halachic
ruling, additional rabbis have added their signatures to it and it is periodically updated
and appended. Those who oppose entry of Jews to the Mount are also active, publishing
updates that forbid ascent to the Mount. A halachic update reiterating the prohibition
against ascending the Mount was published in 2004, signed by former Chief Rabbi Ovadia
Yosef, Chief Rabbi Yonah Metzger, Chief Rabbi Shlomo Moshe Amar and others. Another
update was published in 2011 (see photos of notices of those rulings below).
Today various rabbis from religious Zionist circles openly call for ascent of the Mount. A
distinction should be made between the call to ascend the Mount, which actually refers
to walking around the perimeter of the complex to avoid entering an area that requires
halachic purification, and the call for reconstruction of the Temple. Many of the rabbis
who support ascending the Mount reject the call for construction of the Temple, some
maintaining that such action is not politically or halachically acceptable. However, Temple
movement activists driven by the goal of rebuilding the Temple draw encouragement from
the permission to ascend issued by the more moderate rabbis, perceiving it as one of a
series of stages on the way to realizing their ultimate goal.
22 On the increasing stream of Jews who ascend the Mount by permission of the Yesha Rabbis Council we
can learn from the words of Yehuda Glick in an interview with Yizhar Be’er (May 7, 2012) : "When I ascended
the Temple Mount for the first time in 1990, we used to go in one at a time. Today people go in even in groups
of fifty. At that time we were barely a quorum of ten Jews because of the halachic perceptions. Today there are
more and more; we have made great strides. Even rabbis Yuval Sherlo, Rabbi Shai Piron and Nachum Langental
[leaders of the moderate stream of religious Zionism, Y.B.] ascend the Mount. Within the national public, the
Temple and the Temple Mount are mainstream issues. How do I know? Almost every other week the chief
rabbis issue a counter poster [against ascending the Temple Mount, Y.B.]. They don't issue posters against eating
cats, but in our case they are worried.”
23 After the Mount was captured in the Six-Day War, the Chief Military Rabbi Shlomo Goren ascended it and
held a prayer on it but his activity was stopped by Defense Minister Moshe Dayan. See Shabtai Ben Dov, “A
ladder to the destined kingdom of Israel,” sulamot 3, 170-171.
24 The full decision is on the yeshiva website, www.yeshiva.org.il/forum/print.asp?id=49886 (May 5, 2013).
The rabbis who call to ascend the Temple Mount also believe one must not access the center of the Mount and
the permission they grant is good only for the peripheral area of the Mount, which they believe we can be sure
was not part of the Temple.
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Today, discourse surrounding the Temple has infiltrated mainstream Religious Zionism, with
commentary about the Temple Mount heard in every quarter. For example, Rabbi Yaacov
Medan, head of the Har Etzion Yeshiva and considered a moderate, focuses on acceptance
of the idea by secular Jews:
"Everybody wants very much for the Temple to come down from heaven in a ball
of fire, because that would release us from the need to confront the secular Jews
about it. After all, we have much more important fights like the service of women in
the IDF. So who wants to fight about the Temple, too? We rabbis also have work
to do on this matter, in two forms: First of all, to tell the public that rebuilding of
the Temple is vital, and secondly that it is possible. In the immediate range, we must
promote ascents of the Mount, in a state of purity, of course."25
Medan’s appeal was joined by Rabbi Shabtai Rappaport, head of the seminary of the High
Torah Institute, and Rabbi Yaacov Ariel, the Rabbi of Ramat Gan and the president of the
Tzohar rabbis organization. On the other end of the spectrum come the words of Rabbi
Shmuel Eliahu, the Rabbi of Safed:
"The kingdom of which we dream knows how to defeat its enemies and vanquish
them. It leaves no wounded in the field to plan the next war. The kingdom is full of
glory and there is no glory but the Temple. It is a kingdom that says wholeheartedly
that it wants the Temple – city of justice, faithful city, an establishment that will
shine light on the nations, even if we have to erase the mosques from this holy
Mount."26
impRessions fRom a gRoup of RaBBis ascenDing
The Temple mounT
On May 17, 2012 a researcher of Keshev and Ir Amim joined a rabbis’ pilgrimage
to the Mount. The group included at least 17 rabbis of Religious Zionism. Among
the pilgrims were Rabbis Yisrael Ariel, Dov Lior and Yehuda Kreuzer.
The rabbis walked around the perimeter of the Mount's plaza on a route circumventing
the Dome of the Rock in order to avoid the danger of entering the estimated location
of the Temple. The group was accompanied by Police charged with protecting the
area, diverting curious passersby and ensuring the rabbis satisfied all of the rules set
forth for their visit. During the tour, Rabbi Yisrael Ariel spoke at length about his
participation in capturing the Mount during the Six-Day War, recounting that Rabbi
Zvi Yehuda Kook and Nazirite Rabbi David Cohen, who had ascended the Mount
that very night, rationalized their entry by virtue of the laws of "conquest". In this
25 Uri Polack, "Rabbis Medan, Ariel and Rapoport: Hasten to build the Temple," Kipa, May 24, 2012.
26 Uri Polack, "Rabbi Eliahu: Dreaming of a kingdom that erases the mosques from the Temple Mount", Kipa,
May 23, 2012.
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way, the rabbi attempted to condition his response on what he had already stated
in other places—namely, that even today, despite halachic questions, it is possible
to permit ascent to the Mount on the basis of the "commandment of conquest".
Temple movement activists like Rabbi Ariel broaden the range of interpretations
deriving from the commandment to conquer the Land of Israel, which appears in
several places in the Bible, to include the question of control of the Mount and
reconstruction of the Temple.
The rabbis also devoted time to the question of women's ascent to the Mount.
Though some supported sanctioning women’s ascent, Rabbi Dov Lior avoided a
direct response to the question. According to Rabbi Lior, the time is not yet ripe
to issue a general permit for women's ascent though women may contribute to
the struggle in other ways. He also suggested establishing a women's section on the
edge of the Mount. Another Rabbi opined that it was by the merits of righteous
women that Jews made the Exodus from Egypt, surmising that it would also be by
the merits of righteous women that Jews would "manage to liberate this Mount
more than it is liberated today. And the adroitness of women will achieve what men
cannot achieve." Rabbi Dov Lior added that the initial takeover of Beit Hadassah
in Hebron was achieved by women. Rabbi Yisrael Ariel had the last word: "For a
holy war you take even a groom from his chamber and a bride from her wedding
canopy. Does anyone here doubt that this is a holy war?"
Before leaving the area, the rabbis had their picture taken in front of the Dome of
the Rock and thanked the police for their fair treatment while passing through the
gate. Once in the plaza outside the Mount, the rabbis began dancing in a circle,
singing “God is Mighty! May he soon rebuild his Temple. Speedily, speedily, in our
day, soon” and “May the Temple be built and the City of Zion be filled. And there
we will sing a new song and with joy ascend.” Some ripped a tear in their shirts as
a sign of mourning for the destruction of the Temple.
rabbi yisrael ariel (holding the umbrella) Photos: researcher of Keshev and ir amim
with rabbi Dov Lior at his right
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Poster reads: “Call of rabbis to those who ascend the Temple Mount in purity: On the 40th anniversary
of the liberation of the holy city of Jerusalem, the Temple Mount and the site of the Temple, to which we
merited return by the grace of God Almighty and his wonders, we must awaken in heart and soul to care for
the holy site and learn the affairs of the Temple as preparation for returning the holy presence to Zion.
We call on the whole holy public ascending the Temple Mount in purity to come now and ascend the places
where entry is permitted to Temple Mount in purity and awe of the Temple by the guidance of the rabbis
– to arouse love for the holy site, by worship of the heart, at the site where prayer is heard the most.”
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Rabbi Abraham Zuckerman, head of Bnei Akiva Yeshiva, Kfar Haroeh
Rabbi Nachum Eliezer Rabinowitz, head of Birkat Moshe Yeshiva, Ma’ale Adumim
Rabbi Chaim Druckman, head of Bnei Akiva yeshivas, Or Etzion
Rabbi Dov Lior, rabbi of Kiryat Arba, Hebron
Rabbi Zefania Drori, rabbi of city and yeshiva of Kiryat Shmona
Rabbi Yisrael Ariel, head of the Temple Institute, Jerusalem
Rabbi Benayahu Brunner, head of Safed hesder Yeshiva
Rabbi Shalom Gold, rabbi and founder of Kehilat Zichron Yosef, Har Nof
Rabbi Avram Gisser, rabbi of Ofra
Rabbi David Dudkevitz, rabbi of Yitzhar
Rabbi Reem Hacohen, rabbi of Otniel Yeshiva
Rabbi Eliezer Waldman, rabbi of Yeshivat Nir, Kiryat Arba
Rabbi Avraham Wasserman, teacher at Ramat Gan Yeshiva
Rabbi Yosef Toledano, rabbi of Givat Ze'ev
Rabbi Nachman Kahane, author, head of Chazon Yehezkel Yeshiva (Kolel) Seminary
Rabbi Daniel Cohen, rabbi of Bet Ayin
Rabbi Yitzhak Levy, teacher at Har Etzion Yeshiva
Rabbi Yaacov Meda, head of Har Etzion Yeshiva
Rabbi Menachem Makover, head of Veheranu Bevinyano Organization
Rabbi Ben Zion Amar, rabbi of Shvut Rachel
Rabbi Hanan Porat, Kfar Etzion
Rabbi Yosef Peli, El Har Hamor
Rabbi Menachem Felix, Alon Moreh
Rabbi Gideon Perl, rabbi of Alon Shvut
Rabbi Moshe Zuriel, author, Bnei Brak
Rabbi Binyamin Kalmanson, head of Otniel Yeshiva
Rabbi Yigal Kaminsky, rabbi of Gush Katif yeshivas
Rabbi Yehuda Kreuzer, rabbi of Mitzpe Jericho
Rabbi Mordechai Rabinowitz, Kochav Yaacov
Rabbi Yisrael Rosen, head of Tzomet Institute
Rabbi Shlomo Riskin, rabbi of Efrat
Rabbi Shabtai Rappaport, head of Shvut Yisrael Yeshiva, Efrat
Rabbi Yehuda Shaviv, teacher at Har Etzion Yeshiva
Rabbi Daniel Shilo, Kedumim
Rabbi Yitzhak Shilat, teacher at Ma’ale Adumim Yeshiva
Rabbi Yehoshua Schmidt, yeshiva head and rabbi of Shavei Shomron
Rabbi Yehuda Chelouch, Netanya
Rabbi Yitzhak Shapira, head of Od Yosef Chai Yeshiva
[“Signed El Har Hamor Association, Ascending Temple Mount in Purity by Halacha, for preparation and
guidance of groups ahead of ascent of Temple Mount. For donations: Boaz, 052-4767136, elhamor@
gmail.com, PO Box 34462, Jerusalem”]
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Poster reads:
“Prohibition to ascend Temple Mount
Warning to the public
To our dear brothers coming to our holy city Jerusalem from near and far
Beware
The grave prohibition
To enter the site of the Temple and Temple Mount
(Call of Chief Rabbinate and late interpreters of halachic Judaism)”
[Signed by 17 rabbis]
1967
“To all our fellow Jews in Israel and abroad
We repeat the warning we have recently issued, that no man or woman should dare enter any part of
the Temple Mount, regardless of which gate one enters, and beyond the caution against violating the
purity of the holy site of the Temple, there is also a preeminent commandment to stand in awe of the
Temple and to respect its protection.
Signed by Rabbi Shlomo Zalman Auerbach, Rabbi Yossef Shalom Elyashuv, Rabbi Zvi Yehuda Hacohen
Kook and 21 more rabbis]”
2004
“In light of the disregard observed today, we hereby reissue the warning that the grave prohibition
still applies to the entire area of the Temple Mount/Haram al-Sharif. And may God show us his
redemption soon.”
Rabbi Ovadia Yosef, Chief Rabbi, and 11 more rabbis
Rabbi Avraham Yitzhak Hacohen Kook, about the Baron ascending Temple Mount:
“One blemish in the sanctity of the Temple costs us (cancels) millions of actual settlements.”
Rabbi Zvi Yehuda Hacohen Kook:
“We must tread in awe and fear around the Temple Mount. All of the research and all of the inquiries,
whether they are called halachic or scientific, are just as forbidden as spitting.”
Rabbi Avraham Elkana Shapira in response to a poster calling to ascend the Temple Mount on
Jerusalem Day at his yeshiva:
"Jews are forbidden to ascend the Temple Mount."
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goals of Temple movemenT acTivisTs
The goals and actions of Temple movement activists occupy a broad spectrum, from
those advocating use of public, political, cultural and educational actions to enable Jews
to pray on the Mount to extremists who call for the destruction of Islamic shrines and
construction of the Temple in their places. Some limit themselves to encouraging Jewish
ascent of the Mount.
To appreciate the significance of these goals, we must first understand the worldview of
Temple movement activists, which can be broken down into four categories: nationalist,
halachic, spiritual-romantic and messianic. This is merely a schematic division as these
elements combine and reinforce one other across Temple movements’ motives and actions.
It should be stressed that despite their extensive activity, Temple movement activists are
only a small percentage of the national religious public.
naTionalism
Nationalism has been a central underpinning of the Temple movement since the time of
Brit HaBirionim (The Strongmen Alliance) in the 1920s. Alliance members Abba Ahimeir,
Uri Zvi Greenberg and Joshua Heschel Yeivin viewed the resurrection of the Jewish
nation and the establishment of a kingdom (rather than a democratic state) as the goal of
Zionism. At the center of this kingdom would sit the Third Temple. In 1940, Avraham Stern
(Yair) formulated the "Principles of the Resurrection", a document defining the ideological
platform of the Lehi movement. The eighteenth and final article of the platform states
that it is necessary "to build the Third Temple as a symbol of the era of full redemption."
This view was maintained by Yisrael (Sheib) Eldad’s Sulam (Ladder) group.
Today the nationalist yearning to build the Third Temple can be seen among Temple
movement activists like Gershon Salomon and Arieh Eldad, who do not observe the
commandments (at least not in the formal sense). There is no doubt that this nationalistic
dimension also fuels more religious activists, driven by their own brand of radical religious
nationalism. These Temple movement activists view the Temple as a means for unifying the
nation under a single center, a single leadership and a single Jewish ideology. Their desire to
rebuild the Temple is deeply tied to Israeli nationhood—first because rebuilding the Temple
became a more viable possibility only after the State of Israel was founded and, more
emphatically, after the Six-Day War. Second, and more important, the Temple embodies a
yearning to unite the whole Jewish people under a single religious leadership, which became
a much more realistic goal after the State of Israel was established.
These activists aspire to reconstruct an era in which (officially, mythically) the whole Jewish
people had only a single religious center. The nationalistic yearning for the Temple is therefore
a yearning for the people, the nation, for national unity. It is a kind of national religious
radicalism, which, unlike Haredi society, has no problem reconciling itself with modernity or
contact with the industrial and connected world but which nonetheless rejects the values of
that world on two grounds: the individualism and demythologization that characterize it.
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According to this philosophy, the Temple serves as a vehicle for the creation of order and
unity, both by overriding ideological public disputes and uniting the public under a single
flag, and by neutralizing individualism and fusing the public into a united organic body.27 The
desire to rebuild the Temple is a desire to establish a new national and religious order
defined by unity, stability and eternity.
Jewish halacha (Jewish law)
Jewish Halacha provides the primary motive for building the Temple, if only because
one third of the commandments detailed in the Torah concern sacrificial rites and the
Temple. Existence of a temple (or, at minimum, ascent to its mount) is therefore requisite
to fulfillment of as many commandments as possible, synonymous with the fulfillment of
God's will.
Rabbi Yisrael Ariel from the Temple Institute frequently addresses this point:
"There is a commandment to ascend the Mount at all hours so that anyone who
ascends the Mount is fulfilling a positive precept from the Torah […] Before you ask
a Torah scholar what he thinks about ascending Temple Mount, ask him: What does
your honor think about the fact that the perpetual daily sacrifice was not sacrificed
in the Temple this morning? […] Anyone who doesn't care that worship in the
Temple is not taking place, and anyone who doesn't care that 200 commandments
of the Torah are not being fulfilled, why should he care that Jews are not on Temple
Mount? After all, what business do they have there?28
This yearning for the Temple derives from a fundamentalist religious philosophy expressed
by the desire to fulfill what is seen as the fullness and completeness of Jewish law or even
Judaism itself.
RomanTic spiRiTualiTy
The idea that if the Temple were built, Jews could establish a more genuine and intimate
connection with God, is an expression of romantic spirituality. Conversely, proponents of
this philosophy believe that the absence of a Temple interferes with the cultivation of deep
religiosity. This perception is shared by many Temple movement activists. Here, for instance,
is Moshe Feiglin’s analysis:
"The whole point of the Temple is the direct connection between man and God. The
religion was created when the Temple was taken away from us. All the authenticity
that is missing from religious ritualism—the shudder that goes through the secular
mind when it sees the supposedly meaningless routine within the narrow confines
27 See details in Tomer Persico, "The liberation of Jerusalem and two waves of Jewish fundamentalism",
god’s Loop, June 1, 2011 http://tomerpersico.com/2011/06/01/second_order_jewish_fundamentalism /(May
5, 2013).
28 Ma’ayanei Hayeshua, Vol. 510, 15.
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of Halachah, which is all we have since the Temple was destroyed and which in fact
substitutes it— all of that disconnection between religion and life, all are the result
of the loss of the Temple."29
In many cases these Temple movement activists seek to ascend the Mount in order to
generate powerful religious experiences made possible only through proximity to the holy
site. Usually groups of women who ascend the Mount report the unparalleled profoundness
of their experiences at the site.30
messianism
The construction of the Temple is associated with messianism—a particular genre of
messianism in this case. There are many among those interested in building the Temple
who believe it to be a critical step in inducing redemption, though not everyone compelled
by the idea of redemption is invested in building the Temple. If we look at the most
important messianic movement in Israel since the state was established, Gush Emunim,
we see that most of its members—as well as the mainstream of the movement—were
not at all concerned with building the Temple, at least not until recently. Gush Emunim
presented a brand of messianism that institutionalized settlement of Judea and Samaria,
perceived as progress towards redemption, but did not attempt to upset the status quo
on the Mount.
The attempt by the "Jewish Underground" to blow up the Dome of the Rock in the early
1980s was a significant deviation from Gush Emunim’s messianism. It was an expression of
a private, avant-garde and revolutionary initiative that challenged the existing state of affairs
and sought to instantly change the entire nation’s consciousness. Its planners intended to
generate a massive transformation in the attitude of the Jewish population in Israel towards
Jewish tradition—specifically to shake people out of their complacency and acceptance of
the present situation and move them to firmly demand concrete and immediate redemption.
In this way, members of the Underground viewed themselves as a prophetic avant-garde
leading a change in the course of the nation.
Gush Emunim under the leadership of Rabbi Zvi Yehuda Kook was a collective and public
movement and always viewed itself as expressing the deep and authentic will of "the Jewish
people." The people's will granted legitimacy to the acts of the faithful vanguard, namely
settlement in Judea and Samaria. Conversely, the members of the underground did not
deny their lack of support from the general public. To the contrary, the underground
intended to carry out its mission against the public’s will and without its permission in order
to realize total redemption.31
29 Moshe Feiglin, Makor rishon, June 3, 2011.
30 See for instance the August 5, 2011 issue of the nashim magazine of Makor rishon.
31 Comments by Yehuda Etzion and Menachem Livni, the operation’s planners, in Haggai Segal, Dear brothers:
the west bank Jewish underground, (Jerusalem: Keter, 1987), 62-63, 277-278.
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Even in its early days, the underground’s platform stood contrary to the Gush Emunim
position, which maintains that one must not stray into areas that have no legitimacy with the
people. According to Gush Emunim philosophers, a change of the people's consciousness
is a prerequisite, not a result, of building the Temple.32 An examination of the philosophical
background of Menachem Livni and Yehuda Etzion, the planners of the attack on the Dome
of the Rock, reveals that they did not rely on the core ideology of Gush Emunim but rather
on the teachings of Shabtai Ben Dov.33 Ben Dov was a prolific religious Zionist thinker who
proposed a Nietzschean messianism34 that relies on the free and rebellious spirit of the
individual, who decides for himself and is not dependent on the decisions or opinions of the
great decision makers of the nation. The religious authority of the Nietzschean prophetic
activist comes from within himself (although by divine inspiration), out of the intuitive voice
that whispers to him that he must act for the good of society—even though society may be
disinterested in his action. Ben Dov’s philosophy is therefore revolutionary with regard to
both the role of the Jew in relation to Jewish Halacha and in relation to the Jewish people
as a whole.
In the end, the operation’s planners retreated from the philosophy, doubting their ability
to sway the people's spirit.35 After members of the "Jewish Underground" were arrested,
Yehuda Etzion, one of its leaders, an ideologue of the Temple movement and a planner
of the explosion of the Dome of the Rock, admitted that "the generation was not ready."
Etzion wrote the following while he was serving his prison sentence:
"We must build a new force that grows very slowly, moving its educational and
social activity into a new leadership. Of course I cannot predict whether the Dome
of the Rock will be removed from the Mount while the new body is developing or
after it actually leads the people, but the clear fact is that the Mount will be purified
with certainty…"36
Etzion admits that the idea of building the Temple had not yet captured the hearts of the
people, and that cultural and religious preparation must be carried out before the second
and more practical stage of removing the Dome of the Rock. The idea of purifying the
Temple Mount from the Islamic shrines is legitimate, he argued; the Jewish Underground
simply acted 20 years too early.37 When Etzion got out of prison, he established the Chai
Vekayam movement, which follows the idea of molding public opinion in preparation for
32 See for example the comments by Rabbi Moshe Levinger, ibid., 108-109, or the debate between Etzion
and Rabbi Yoel Ben Nun, ibid., 113.
33 Ben Dov himself drew inspiration from even more nationalist Temple advocates such as Yisrael Eldad and
became religious after absorbing the principles of their philosophy. See more about him and his thought in Motti
Inbari, Jewish fundamentalism and the temple Mount (Jerusalem: Magnes Press, 2007), 56-67.
34 In the words of Shlomo Fisher, who distinguishes between the different kinds of messianism in his unpublished
doctoral thesis, self-expression and Democracy in radical religious Zionist ideology, Hebrew University of
Jerusalem, January 2007.
35 Segal, 137.
36 Ibid., 279.
37 Ibid., 278-279.
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the purification of the Mount. A call for a gradual shift in public opinion, only after which
political power could be amassed to change the status quo on the Mount, was also voiced
by the leader of the Movement for Temple Renewal, Yosef Elboim:
"This is the way of revolutions: you seek legitimacy, you fight to increase your share
and then you compete for the ascendancy and finally push the stranger outside of
the law."38
The Temple Institute and other organizations act according to a similar assumption (for
details of the modes of action of these organizations see Part 2 below).
a summaRy of The goals of Temple movemenT acTivisTs:
incReasing BolDness anD DangeR of ouTBReak
In the last 30 years, dozens of organizations have sprung up with the goal of promoting
Temple awareness in Israel. These organizations are acting with the intention of shaping
public opinion to embrace a change in worship arrangements on the Mount and ultimately
to advance the construction of the Third Temple.
Amassing of power and expansion of activities focused on building the Temple is therefore
considered to be a gradual pursuit. While the final goal Temple movement activists have set
for themselves—“to lead the nation," in the words of Yehuda Etzion, and to build the Third
Temple—may still be remote, after 30 years of activity, activists have managed to achieve
impressive results within the national religious public. They have successfully changed the
halachic position concerning ascent to the Mount among the Council of Yesha Rabbis and
even to expose rifts within the Haredi public, for which activity promoting the rebuilding of
the Temple as a practical program was once entirely insupportable (see comments on the
Movement for Temple Renewal below). What began as an idea among a small group of
people has—after almost 30 years of educational and political activity—become a legitimate
subject of public discourse and even of concrete action plans.
The failure of the Jewish Underground’s machinations modified messianic tensions and
changed the course of action of the underground and other affinity groups. Instead of
immediate, revolutionary action to spur redemption out of crisis, they turned to a long-term
action plan incorporating education and preparation of the Jewish public, from which public
support and demand for building the Third Temple would eventually arise.
Since the Jewish Underground affair, and especially since the Oslo accords, the strengthening
of the Temple movements and increase in Temple awareness—especially within the national
religious sector—can be seen as a realization of part of Yehuda Etzion's vision that connects
to the official Gush Emunim philosophy emphasizing change "from below" through public
opinion. The process of "preparing the hearts" that precedes the practical stage of removing
the Dome of the Rock is now underway in full force and has brought discussion about
38 Inbari, 131.
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changing arrangements of control on the Mount and building the Temple into the Israeli
public and political discourse.
Although the present focus on educational activities signals a temporary postponement of
violent attempts to change the status quo on the Mount, the behavior of group members
is also dependent on the direction of the national leadership and the status of negotiations
with the Palestinians. It is important to remember that the Jewish Underground plan to
blow up the Dome of the Rock developed out of Gush Emunim's despair over the signing
of the peace agreement with Egypt and preparations for the Israeli withdrawal from Sinai.
These developments propelled Yehuda Etzion to design an independent strategy to induce
redemption.39 Following the decision on the "Disengagement" from the Gaza Strip, parties
in the security establishment assessed the possibility of an attempt to attack the shrines
on the Mount, prompting a special Knesset hearing.40 The former head of the Shabak, Ami
Ayalon, said:
"We [the Shabak] found a direct link between the degree of tolerance and even
support that government bodies show towards comments by rabbis and political
leaders, as seen in events such as, for example, Zion Square [ahead of the Rabin
assassination] and political violence. […] On the question of uprooting a settlement,
for example, that percentage [that views violent action as an option] will grow in
accordance with the atmosphere of legitimacy."41
Scholar Motti Inbari sees the growing increase in interest in the Temple and the change
of attitude in religious Zionism from cautious distance to passionate involvement as a
"dramatic" development. Inbari believes the change stems from despair over the slow pace
of progress toward redemption and an attempt to find a "shortcut" to that end.42 One can
assume that a political development viewed by Temple movement activists as a reversal of
progress toward redemption would catapult the possibility of a unilateral and revolutionary
action to achieve redemption back to center stage.
39 Ibid., 43.
40 The Israel Knesset, Motions for the agenda: security establishment assessment of risk of attack on the
temple Mount and assassination attempt on Public figures following the Decision on the Disengagement, 16th
Knesset, 160th sess., July 28, 2004 (Jerusalem: Knesset, 2004), http://knesset.gov.il/tql/knesset_new/knesset16_
huka/HTML_28_03_2012_04-52-37-PM/FTR_160-04JUL28_SIFRIA-042.html (May 6, 2013).
41 Interview by Yizhar Be’er and Yehudit Oppenheimer with Ami Ayalon, December 13, 2012.
42 From an interview with him on Tomer Persico’s blog, “God’s Loop”: http://tomerpersico.com/2012/10/21/
inbari_interview/ (May 6, 2013).
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The mughRaBi BRiDge affaiR
The Mughrabi Bridge affair involved a number of bodies and interests at an acutely
charged juncture in time and elucidates the potential for a political and religious
conflagration surrounding the Temple Mount/Haram al-Sharif. According to Muslim
tradition, the earth bank under the existing bridge covers the al-Buraq Mosque
built on the spot where the Prophet Muhammad tethered his horse of that name.43
The affair involved the governments of Israel, Jordan and Egypt; the Jerusalem
Municipality; security forces; and “hilltop youth” (extremist nationalist youth used
to establish illegal settlement outposts). Jordan and Egypt warned that the affair
could spark riots in their countries. The affair was brought to an end when the
Court ordered a stop work order on the bridge and Israeli Prime Minister Benjamin
Netanyahu was forced to halt the works.
The Mughbrabi Bridge is the only entrance to the Temple Mount/Haram al-Sharif
complex for Jews and tourists and is secured by the Israel Police, responsible for
deciding, based on its assessments, who can ascend the Mount and whose entry
is barred. The existing bridge is a provisional structure built after the earth bank
on which the previous structure stood collapsed in 2004 as a result of rain and
a minor earthquake. At the end of 2006, Israel began repair works on the bridge
without a building license, under the pretext of conducting maintenance work.
The work triggered an immediate diplomatic crisis with the Waqf (Islamic religious
endowment) and the Jordanian kingdom. The crisis was brought under control after
a request by City Council Member Pepe Alalo of the Meretz party and lawyer Danny
Seidemann, on behalf of Ir Amim, forced the Municipality to order the preparation
of a proper building plan. The plan, Number 12472, published in October 2010,
proposed destroying the existing provisional bridge, expanding the Western Wall
prayer plaza and building a new ascent to the gate.44
The Municipality’s plan envisioned a large bridge with seven support pillars, “four within
43 See mention in Uri Tal, work on the Mughrabi ascent – submitted to the Knesset interior and
environmental committee, February 11, 2007, 5.
44 The plan includes: 1. A change of the land designation system as follows: From the Temple
Mount and the Western Wall plaza to open public space, from open public space to the Temple
Mount and the Western Wall plaza. 2. Canceling the provisions of plan no. 5354 concerning the
construction of guard booth c. 3. Establishing development provisions for an open public space. 4.
Establishing development provisions for the Temple Mount and the Western Wall plaza. 5. Providing
construction for building a pedestrian bridge for ascent to Mughrabi Gate. 6. Establishing building lines
for the bridge, for the Western Wall worshippers’ booth. 7. Establishing maximum building areas in
the boundaries of the plan. 8. Establishing construction provisions and architectural design provisions.
9. Setting terms for issuing a building permit and completion certificate. The plan can be seen on the
Municipality site: http://www.mmi.gov.il/IturTabot/taba4.asp?MsTochnit=12472&kod=3000&gis=fa
lse
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the archeological garden and three in the area of the earth bank”.45 Construction of
the new bridge would have replaced the old structure—an anticipated improvement
in aesthetics and security—expanded the women’s section and provided access to
large police forces (as many as 300 at a time), military vehicles and APCs (armored
personnel carriers).46 There were also plans to build a hanging surface at the end
of the bridge and outside the area of the Mount to accommodate the building
of a synagogue.47 Egypt and Jordan warned that riots would break out in those
countries if the plan was advanced. Cabinet secretary Zvi Hauser traveled to Jordan
in October 2011 to sign a memorandum of understanding but his request was
refused.
On December 8, 2011, the Jerusalem Municipality’s engineer, architect Shlomo
Eshkol, ordered the provisional bridge to be demolished within one week, threatening
to obtain an injunction for its immediate closure if orders were not heeded.48 The
next day, Jordanian Foreign Minister Nasser Joudah issued a firm message that
“Jordan opposes any Israeli attempt to influence holy sites in Jerusalem, including
the Mughrabi Bridge.”49 “Governmental elements believe that the location of the
Mughrabi Ascent in the Western Wall Plaza and the Israeli law that applied Israeli
law and jurisdiction to East Jerusalem, suffice to determine that construction at that
site is a domestic Israeli affair that does not require approval or coordination. The
government of Jordan does not see it this way. It considers the Western Wall Plaza
and the whole area surrounding the Mount to be part of al-Haram al-Sharif. The
Jordanians claim that Israel has recognized Jordan’s rights at this site both in the
peace accord between the two countries and by recognizing the Jordanian Waqf’s
management of the site over the years.”50
On the morning of December 12, 2011, the Western Wall Heritage Fund closed
the Mughrabi Bridge at the instruction of the Jerusalem Municipality.”51 That evening,
forty “hilltop youth”, most of whom were members of the “Nablus group”, breached
the border fence between Israel and Jordan near Allenby Bridge and the Christian
45 Tal, 3.
46 Yitzhak Reiter, the Mughrabi bridge: a question of political wisdom, Efshar Lahshov - Can Think,
July 19, 2011, http://canthink.co.il/ ישראל/גשר-המוגרבים-שאלה-של-תבונה-מדינית .aspx (May 6, 2013).
47 Nadav Shragai, "Higher than Al-Aqsa," Haaretz, October 30, 2006, http://www.haaretz.co.il/
misc/1.1149713 (May 6, 2013).
48 Yossi Eli, "Jerusalem Municipality engineer: Closure order for Mughrabi Bridge," Maariv nrg,
December 8, 2011, http://www.nrg.co.il/online/1/ART2/314/278.html (May 6, 2013).
49 News agencies, "Jordan warns Israel: do not close the Mughrabi Bridge," Maariv nrg, December
9, 2011, http://www.nrg.co.il/online/1/ART2/314/658.html (May 6, 2013).
50 Reiter, “The Mughrabi Bridge: a question of political wisdom, "http://canthink.co.il/- ישראל/גשר
המוגרבים-שאלה-של-תבונה-מדינית .aspx.
51 Eli, "Mughrabi Bridge closed; no passage from Western Wall Plaza to the Temple Mount," http://
www.nrg.co.il/online/1/ART2/314/278.html.
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baptismal site of Qasr al-Yahud. The right wing activists took over a building in the
no man’s land on the border between Jordan and Israel and refused to evacuate it,
explaining their actions as a message to the Jordanian government not to meddle
in Temple Mount affairs.52 This event reveals a clear connection between events
on and around the Mount and “price tag” actions—retaliatory warnings made in
response to perceived threats to Jewish sovereignty on the Mount—made, in this
case, against a foreign government. Inevitably, the plan to build the new bridge was
abandoned at the instruction of Prime Minister Netanyahu, out of concern that the
work would spark severe reactions from Egypt and Jordan.53
52 "The young people are protesting the Jordanian government's interference in the matter of the
bridge, which is part of the Al-Aqsa complex: 'If they have claims to the Temple Mount, they should
know we have claims to Jordan,' said their leader, outpost activist Meir Bertler. In response to the
Jordanian threats against closing the Mughrabi Bridge, the young settlement activists decided to carry
out a protest action that would come to the attention of the Jordanian government. "The Jordanian
impertinence in the Temple Mount affair led us to send a message to Jordan," Bertler told nrg Maariv.
"They must not interfere in Israel's internal affairs." Bertler, a member of Likud, added: "Every Likud
member knows the song ‘the Jordan River has two banks, this one is ours and so is the other one.'
The Jordanians better know that we do not forget that song." Amichai Atali, “Dozens of youths from
the settlements crossed the fence to Jordan and built an outpost," Maariv nrg, December 12, 2011,
http://www.nrg.co.il/online/1/ART2/315/516.html (May 6, 2013).
53 reshet bet news, November 29, 2011.
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Part 2: organiZations anD
MoveMents for tHe teMPLe
The Temple Mount and Temple agenda is being promoted by organizations, bodies
and activists who share a common ideology and goals. However, these groups can be
distinguished according to their goals:
• The building of the Third Temple by man: The Temple Institute, The Movement for
Temple Renewal, The Temple Treasury Trust, Women for the Temple
• Promotion of the Temple or Temple Mount as the cultural center of Israel: The Temple
Mount Faithful, El Har Hamor.
• Granting of worship rights to Jews on the Temple Mount: Human Rights on Temple
Mount
• “Capturing the Temple Mount from ‘enemy hands’” and “Judaizing" the Temple Mount
(usually through the use of blatant incitement and racism): Temple Mount is Ours: The
Headquarters for the Rescue of the Nation and the Temple
• Study of the religious laws of the Temple and sacrifice services: The Temple Studies
Institute at Mitzpeh Yericho, Yeshivat Torat Habayit, the Temple Mount Yeshiva
• Creation of the sacred vessels for Temple rites: The Temple Institute – Home of the
Hebrew Artisan, Machon Maasei Habayit
• Education and dissemination of information about the Temple: The Midrasha, founded
by the Temple Institute
Some of these bodies operate on several fronts at the same time. The Temple Institute,
for instance, is involved in research, education and reconstruction of ritual vessels. The
Institute’s leaders have been unambiguous in declaring their final goal: building the Third
Temple in our day and removing the “abomination".54
It is useful to analyze more detailed information about some of the main bodies actively
promoting a Temple agenda. The oldest and most active Temple organizations are the
Temple Mount Faithful (established in 1982) and the Temple Institute (1984). In the
last three decades since the Temple Mount Faithful began operations, almost 20 more
organizations concerned with the Temple and the Temple Mount have been registered
(see list in Appendix A at the end of this chapter). Additional bodies, not registered as
organizations, are also active in this area.
54 This is how Moriah Yosef of the Midrasha, for example, calls the Dome of the Rock. tal shamayim – the
Monthly for religious youth, 66, Tammuz 5769, 28.
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The Temple culTuRe in The meDia
The pro-Temple movements generate extensive media activity, both on websites
dedicated to the subject and in the right wing and national religious press. The
question of rebuilding the Temple is also widely covered in newspapers, portals
and news sites such as Arutz Sheva, Makor Rishon, Kipa, the Jewish Voice and
Chabad Info, as well as in some of the Sabbath flyers distributed every Sabbath
in synagogues. In 2011, Makor Rishon started running a weekly section about the
Temple Mount called “Amud Habayit”, written by journalist Arnon Segal. The page
includes a primary article about a current issue related to the Temple Mount, a
column called “The Redemption Index: Daily Update from the Temple Mount”
and a section called “My House of Dreams”, where well known personalities relate
their personal connection to the Temple. Though not all of this discourse concerns
practical and action oriented plans to build the Temple, it should be seen as an
integral part of the larger Temple discourse.
There are also communication channels devoted solely to the question of the
Temple Mount and the Temple. The Movement for Temple Renewal publishes
a monthly bulletin called “Yibaneh Hamikdash” (May the Temple Be Rebuilt) in
newspaper format, in addition to the movement’s electronic bulletin. There are unique
websites on the subject of the Temple, including the Temple Institute’s website, the
Temple Institute’s YouTube channel, Yisrael Hamikdashit, Beit Hamikdash TV, the
Temple Mount Faithful website and websites that include images of the Temple.
The most active site on this subject, which also publishes the most radical and racist
statements, is Har Habayit Shelanu (The Temple Mount is Ours).
The Temple mounT faiThful
start of activity: Registered as an association in 1982
stated goal: To realize the Jewish people’s belief and historic calling, anchored in the Jewish
Torah, that Temple Mount is the religious, national and spiritual center of the Jewish people
and the Land of Israel”55
scope of activity: The organization employs one paid employee and operates an Englishlanguage
website. According to its report to the Registrar of Associations, the movement
has 957 volunteers. At a demonstration by the Temple Mount Faithful on Hanukkah of
2011, Keshev researchers observed dozens of participants filling one bus. In 2010, the
organization spent NIS 225,000 on activities and information dissemination.
55 According to the goal given to the Registrar of Associations
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Main channels of activity: The Temple Mount Faithful is the oldest of the Temple movements.
Its supporters are drawn from circles of the Greater Land of Israel’s proponents, graduates of
the pre-state Etzel and Lehi underground movements and messianic religious circles. Every
year members of the movement demonstrate and apply to the police to ascend the Mount
and pray on regular occasions: Rosh Hashanah, Yom Kippur, the eve of Sukkot, Hanukkah,
Passover, Shavuot, Independence Day, Jerusalem Day and Tisha B’Av. On these occasions,
the Temple Mount Faithful conduct various ceremonies, including laying the cornerstone
for the Temple, pouring water at the Spring of Gihon and conducting a Jewish wedding
at the Mughrabi Gate.56 Gershon Salomon, the movement’s chairman, is not religiously
observant and according to the typology proposed above, the movement’s motivation is
more nationalist than religious.
Main figures: Gershon Salomon heads the movement. In the early 1990s, religious members
of the movement left to establish the Movement for Temple Renewal. Since then, the
movement’s influence has begun to wane.
Location: The organization’s offices are located on Eliash Street in Jerusalem.
noteworthy activities: Every year the Temple Mount Faithful conducts demonstrations and
marches, mainly around Jewish holidays.57 The organization posts signs all over Jerusalem
preceding these activities. Organizers are careful to note in their promotional materials that
their ascents to the Mount have been coordinated with security forces and approved by
the Police. The heads of the Waqf perceive these claims as evidence of secret cooperation
between state authorities and the Temple Mount Faithful.58
Muslims perceive the movement’s public activity as incitement. In October 1990, following
an event in which members of the movement planned to lay a “cornerstone” for the
Temple, riots broke out on the Mount. As police stormed the complex, they opened fire
and killed 17 Palestinians. Palestinians commemorate the incident as “the Al-Aqsa massacre.”
Following these events, the police issued an order barring Salomon’s entry to the Mount,
still valid to this day. He appealed the Police decision to the High Court of Justice, which
upheld it. Salomon does heed police demands and is careful to coordinate moves with the
authorities, in part to avoid gaining a reputation for law breaking or violence.
56 See Ramon.
57 The Temple Mount Faithful's financial reports for 2009-2010 said: "By the board's decision from February
11, 2009, the organization is saving surpluses to build the golden menorah and purchase an exhibit in the Old
City" (from the organization’s website). The current organization’s website (http://www.templemountfaithful.
org) does not provide information on its financial reports.
58 ibid., 16.
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text of poster:
“The Temple Mount and Land of Israel
Faithful:
Temple Mount, Jerusalem and the Land of
Israel are in Danger!
On Sukkot we will ascend the Temple Mount,
the heart of the nation.
We will warn Netanyahu: The people demand
Jewish sovereignty on the Temple Mount,
Judea, Samaria and Gaza
And Jewish prayer on our holy Mount.
Eretz Yisrael was given by the creator of the
world
To only one people— the people of Israel.
We will demonstrate in front of the nation’s
holy sites.
There will never be a Palestinian murderers’
state on Temple Mount, in Jerusalem or in the
land of our forefathers.
We will call to cancel “the Palestinian Authority”
and return it to Tunis.
We will throw citrons at the “two state” plan
and the PLO flag.
In front of the holy site we will vow ‘if I forget
thee Jerusalem’ and to build the Temple in our
day.”
text of poster:
“The Temple Mount and Land of Israel Faithful:
On Hanukkah we will raise from Modiin to Temple Mount the
heart of the nation.
The Maccabim legacy: Liberate the Mount! Build the Temple!
Jerusalem will not fall again!”
[Samples of posters the Temple Mount Faithful posted
throughout Jerusalem in 2011 and circulated on the Internet
in honor of demonstrations on Sukkot and Hanukkah]
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The Temple insTiTuTe anD iTs exTensions
start of activity: Registered as an association in 1984
stated goal: According to the organization’s statutes, its primary goal is “to fulfill the positive
precept from the Torah: ‘Then have them make a sanctuary for me and I will dwell among.’”
The interim goal, according to the statutes, is “to learn the laws of the Temple” and “to
marshal religious, scientific, public and financial resources to promote the construction of
the Temple.”
scope of activity: The Temple Institute, one of the leading organizations focused on the
Temple, is composed of three bodies: 1) The Institute for Study, Research and Construction
of the Temple (registered as an association in 1984); 2) The Midrasha (registered in1993);
3) Home of the Hebrew Artisan (business). In 2011, The Temple Institute employed 17
employees (12 in the general department and five in the overseas fundraising department).
The Midrasha employed eight young women from the National Service who guided the
Temple instrument exhibit and led educational activities in schools throughout the country.
In recent years, the Institute’s annual volume of activity has been about NIS 3.5 million. The
Institute runs a website in five languages: Hebrew, English, French, Spanish and Hungarian.
Some 100,000 people visit The Temple Institute every year, including students and teachers,
soldiers and delegations of Evangelical Christians.59
Main channels of activity: Various educational activities including hospitality and tours for
soldiers, students and youth and a sound and light show; reconstruction and manufacture
of sacred Temple vessels; sewing of garments for priests; research and publication of
literature on the subject of the Temple; education on Temple worship and construction;
creation of a mobile model of the Second Temple; and active participation in Temple
conferences. According to the typology presented above, the movement’s motivation is
primarily halachic.
Central figures: Chairman and Founder, Rabbi Yisrael Ariel; Director, David Schwartz; former
directors Rabbi Menachem Makover and Rabbi Yehuda Glick (also head of Human Rights
on Temple Mount). Regarding Rabbi Yisrael Ariel’s extensive work to promote construction
of the Temple, see special sidebar below.
Location: Misgav Ladach Street, Jewish Quarter, Jerusalem. When the Institute moved to
a new building in the Jewish Quarter in 1992, Yisrael Ariel thanked “persons in different
government ministries” for providing financial assistance to the Institute and helping to cover
some of its debts.60
noteworthy activities: research and renewal of temple accessories: The Temple Institute
has undertaken reconstruction of all sacred vessels related to the Temple (93 in number)
and preparation of a full and halachically kosher set which would enable the immediate
59 According to Yehuda Glick, former director of the Temple Institute, in an interview with Yizhar Be’er and
press reports.
60 Inbari, 50.
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initiation of services once it becomes possible to ascend the Mount. To date, the Institute
has prepared dozens of sacred vessels, including the Levites’ musical instruments, the high
priest’s garment (with stone laid breastplate), the table of the showbread and the founts
for spraying sacrificial blood on the altar. The newspaper Makor rishon publishes a weekly
message conveying that most of the objects required for the renewal of Temple services
are prepared (see picture from Makor rishon).
From Daf Habayit, a weekly section on the Temple Mount in Makor rishon, December
22, 2011:
inventory: wHat is reaDy?
• The golden menorah
• The golden table of the showbread
• The incense altar
• The copper laver
• The High Priest’s sacred uniform
• Tzitz—the High Priest’s golden crown, overcoat, robe and breastplate and 34
sets of lay priest garments
Of the sacred vessels there are founts (vessels for spraying blood on the altar),
pans, vessels for pouring wine and water, measurement vessels, the tube for the
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Omer sacrifice, the vases for the frankincense, the stone vessels for preparing the
ashes of the red heifer and butcher knives.
Musical instruments: 15 trumpets, harps, violins, a silver plated shofar and a gold
plated shofar
From the December 22, 2011 publication of “Amud Habayit”, a weekly section on Temple
Mount in Makor rishon, written by journalist Arnon Segal. The inventory, published weekly,
creates the impression that some of the practical steps toward building the Third Temple
are in advanced stages. For further information, see below.
The most impressive ritual instrument and the one most identified with the Temple is the
golden menorah. The Temple Institute completed work on the menorah in 1999 and it
is now on display in a plaza in the Jewish Quarter overlooking the Temple Mount/Haram
al-Sharif. The menorah is plated with 42.5 kg of gold “in one block”, according to halachic
requirements. It was designed by artisan Chaim Odem from Ofra and the money required
to underwrite production—about NIS 5 million—was donated by businessman Vadim
Rabinowitz, Chairman of the Jewish Congress of Ukraine.
Unlike the rest of the ritual objects displayed in The Temple Institute offices on Misgav Ladach
Street in the Jewish Quarter, the menorah is publically accessible in a space overlooking the
Western Wall and the Mount. For security reasons, it is stored inside a protective transparent
cage. In 2008, The Temple Institute invested NIS 160,000 for security and maintenance of
the menorah.61 The risk and high cost of maintaining the menorah in its current location
are apparently offset by its educational and publicity value. Virtually everyone who comes
to the Western Wall through the Jewish Quarter is exposed to the menorah, elevating the
Institute’s prestige and, according to its leadership, effectively promoting the idea of building
the Temple.62
Another Temple Institute achievement is the construction of the altar, which Jewish law
requires be built from whole stones that have not been struck by iron. The altar is to be
connected to the earth at the site of the Temple but according to the Institute, “there is
presently a temporary prevention against entering the Temple Mount and building the altar
in its site.” For that reason, a small and mobile altar was built so that it could be moved to its
place on Temple Mount “as soon as the gates of Temple Mount open for sacraments”63—
61 According to the verbal report from the Temple Institute submitted to the Registrar of Associations to
summarize the year 2008. The aforesaid amount appeared under the section: use of donations.
62 In a video by the Midrasha, "A spark from the Temple – the menorah", the narrator talks about the
passersby who see the menorah and ask themselves: "Is the menorah kosher? Can it be taken from here and
brought up to the Temple, when the time comes, and used?" The answer of course is positive. The menorah
is kosher and "all that remains to do is to take the menorah and bring it up to the Temple, which will be built
speedily in our days" (Mordechai Persoff, "A spark from the Temple – the menorah," November 23, 2011, http://
www.youtube.com/watch?v=oZcPEe_Q8eg , (May 6, 2013).
63 From the Temple Institute’s website, "Background and details of the rising altar”, ,http://www.Temple.org.
il/show_shgrir.asp?id=35039, (May 6, 2013).
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namely, the sacrifice sacrament. Phrases such as “temporary prevention” and “as soon as the
gates of the Temple Mount open” point to the immediate hope of the Temple Institute to
formally utilize the sacred vessels they have prepared. As of December 2012, the altar was
almost ready and the Temple Institute was preparing to display it to the public in a new
exhibit targeted for a February 2013 opening.64
Because of the Temple Institute’s increasing activities, it is the organization most widely
identified by the public as representative of Temple issues. A 1997 report by Amnon
Ramon stated that “the group most identified in public awareness with Temple Mount is the
Temple Mount Faithful.”65 Today it is clear that the Temple Institute has gained supremacy
both in terms of its scope of activities and its public image.
64 Arnon Segal, “Dedication of the altar," Makor rishon, December 7, 2012, http://the--Temple.blogspot.
co.il/2012/12/blog-post_2712.html (May 6, 2013).
65 Ramon, 15.
[The text reads: This is where it should be placed when permission is given. The site of the altar]
Caption: This illustration was published in Makor Rishon on December 7, 2012, in Arnon Segal’s section “Amud
Habayit”, under the headline “Inauguration of the Altar.”
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RaBBi yisRael aRiel
Rabbi Yisrael Ariel, born in 1939 and a graduate of the Merkaz Harav Yeshiva, is one
of the Temple movement’s key figures. In June 1967, Ariel participated in capturing
the Western Wall and the Mount, which became a formative influence in shaping his
messianic worldview.66 Ariel’s resume is replete with religious activities and radical
political activism to realize the dream of the Greater Land of Israel and construction
of the Temple.
Political activity and criminal investigations: In 1981, in the elections for the 10th
Knesset, Rabbi Ariel was number two on Meir Kahane’s Kach list. During the evacuation
of the Yamit District stipulated in the peace accords with Egypt, Ariel called on
soldiers to refuse orders. In 1983, he was arrested on suspicion of organizing to
take over the Mount, including allegations of carving out a tunnel through the wall
leading to the Mount plaza.67 (Ariel’s lawyer at the time was David Rotem, chairman
of the Constitution and Law Committee in the 18th Knesset). According to Ariel,
attempts to ascend the Mount—then as now—are provocations against Muslims,
fulfilling the “commandment to conquer” the Mount from them.68 A year after his
arrest, he founded the Temple Institute.
Rabbi Ariel was active against the “Disengagement” from the Gaza strip and
evacuation of settlements from Judea and Samaria. In 2006, he was investigated on
suspicion of incitement and sedition.69 In 2007, he was investigated on suspicion of
issuing a religious ruling ("Din Moser") against the Commander of the IDF’s Central
Command, finding him guilty of informing on other Jews to the authorities.70 In 2008,
Ariel was convicted of disorderly conduct and insulting a civil servant.71
religious activity: Among his various religious roles, Ariel has served as the
rabbi of the Yizrael Valley Regional Council, rabbi of the Northern Command
in the Yom Kippur War, rabbi of the City of Yamit and founder and head
of the Temple Institute. Rabbi Ariel has written numerous books about
66 According to his testimony in different forms, when he reached the Western Wall as a soldier, he
heard from soldiers that during the storming they came upon two elderly men. Ariel was sure they
were the prophet Elijah and the Messiah. He was disappointed to find out that the elderly men were
Rabbi Zvi Yehuda Kook and Rabbi David Hacohen, known as the Rav Ha-Nazir (Nazirite rabbi).
67 Nadav Shragai describes this incident in detail in his book Mount of Dispute (Jerusalem: Keter,
1999), 142-145.
68 Rabbi Yisrael Ariel, beit Hashem nelech (Jerusalem: The Temple Institute), 2001.
69 Idan Yosef, "Rabbis condemn arrest of rabbis", news first class, December 7, 2006.
70 Yuval Yoaz, "Criminal investigation against rabbis who ruled ‘din moser’ against OC of Central
Command", Haaretz, January 31, 2007.
71 Roi Sharon, "Rabbi Yisrael Ariel will compensate Elazar Stern", Maariv nrg, November 4, 2008.
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the Temple and contributed significantly to the popularization and enhancement
of discourse on the subject. He is also recognized as one of the chief activists for
the renewal of the Sanhedrin, in which capacity he served as “Chief Justice for
the Affairs of the Nation and the State.” In recognition of his contributions to the
Temple, in 2008 Rabbi Ariel received the Ministry of Education’s annual award for
Jewish culture.72
selected quotes from rabbi yisrael ariel: In July 2007 Ariel said: “We must rise
up and say: The Temple must be built tomorrow morning! Tisha b’Av 5767 (the
Jewish fast commemorating the fall of the first and second temples) must change
fundamentally: We must repent and tell ourselves we have been shedding fake tears
for 40 years! From now on, Tisha B’Av will turn from a day of lamentations to a day
of construction! On this day the rabbis of Israel from all circles will sit together—
which they have not done until now—and discuss how to build the Temple, and
speedily. On this day the rabbis shall meet the heads of government and demand
the Temple be built immediately! On this day a collection will begin all over the
Jewish world to build the Temple. Committees will be established: a committee
for preparing the sacred vessels, a committee for drawing up the building plans, a
committee to collect the priests and prepare priestly garments for each one, and
so on.”73
On the eve of Passover, 2012, Rabbi Ariel called for the paschal sacrifice on the
Mount: “They should open the gates of Temple Mount so that we can sacrifice.
Everything is ready. The priests have garments, an altar and vessels. Just open it.”74
el haR hamoR
start of activity: Registered as an association in 1988
stated goal: “To initiate and encourage any activity that strengthens the deep Jewish
connection to the Temple Mount according to Halacha. To encourage, increase and spread
Jewish awareness of this subject, to encourage studies and publications on the subject and
to act to build a college for deepening the Jewish connection to Temple Mount”.75
scope and main channels of activity: The movement organizes a “circling of the gates”
at the start of the Hebrew month, depending on its ability to recruit resources and
72 Yaara Mitlis, "Rabbi Yisrael Ariel – winner of Jewish culture award", arutz sheva, October 6, 2008.
73 Yisrael Ariel, instead of whining, start acting, Komemiyut newsletter, July 2007, republished on the yeshiva.
org.il website on 2 Av, 5767.
74 Benny Tocker, "Rabbi Yisrael Ariel: Open the gates of the Temple Mount", arutz sheva, April 4, 2012.
75 According to the report to the Registrar of Associations
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manpower.76 A book called el Har Hamor, about the Jewish laws concerning ascent to the
mount, was published by the movement’s founders. In 2000, the movement created a small
“private militia” called the “Temple Guard”. As its name suggests, the militia’s function is to
guard the Temple once it is built; moreover, its very establishment is purported to hasten
construction.77 According to the typology suggested above, the movement’s motivation is
halachic and messianic.
Central figures: Founders: Rabbi Yitzhak Shapira and Rabbi Yossi Pelei (currently rabbis in
the Od Yosef Chai yeshiva in Yitzhar).
Location: The organization is based in the home of the Ofan family at 5 Breuer Street,
Jerusalem.
noteworthy activities: For the last 10 years, the El Har Hamor organization has organized a
monthly “circling of the gates” in which hundreds of people, mainly youth, circle around the
Mount.78 According to Motti Inbari, the event is most likely funded by the Yesha Council.79
The event includes prayer and song and recruits young people from the Ariel and Bnei Akiva
youth movements and from girls’ high schools beyond the Green Line. As the invitation
graphics indicate (see invitation below), the Temple plays a key role in the circling of the
gates. The image of the Temple appears in the upper right corner, underneath which is the
caption: “May the Temple be built speedily.”
The circling of the gates takes place on the first day of the Hebrew month, starting around
7 PM. The procession leaves from the Western Wall plaza and circles the Mount through
the Muslim Quarter, with a clear separation between men and women. Prayers, dancing and
singing are conducted next to each of the gates to the Mount. During the ceremony, flyers
of the El Har Hamor movement are distributed with special prayers for the event: “A prayer
for the renewal of the kingdom of the House of David” and “a prayer before the circling of
the gates”. Following is a brief passage from the “prayer before the circling of the gates”:
“Here we come to circle Mount Moriah, the site of our Temple, to fulfill the precept
‘circle Zion and surround it…’ and to demand the construction of the Temple, as it
says in your Torah: ‘His habitation shall ye seek, and thither thou shalt come.’ And
may it be Your will, Our Lord and the lord of our fathers, that You shall merit to
see speedily the construction of the Temple and there we shall worship You with
awe as in the days of yonder and days of antiquity, and You shall merit us to come
pray to You in the large and holy Temple that is called by Your name...”
Participants have also been witnessed singing nationalist religious songs such as “Take
Revenge on the Gentiles”. The song is comprised of two passages from the Bible: “And
76 See for instance report about the circling of the gates in September 2012: http://www.hakolhayehudi.
co.il/?p=42557 (May 6, 2013).
77 Inbari, 183-185.
78 Elhanan Grunner, “Under sweeping rain, hundreds participated in circling of the gates", Jewish voice today,
December 26, 2011.
79 Inbari, 31, 185.
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he looked this way and that way, and when he saw that there was no man, he smote
the Egyptian, and hid him in the sand. To execute vengeance, To execute vengeance, To
execute vengeance upon the nations.”80 Flyers inviting participants to join the “Temple
Guard” are distributed at events.
The circling of the gates, approved by the Police, requires monthly closing of main streets
and shops in the Muslim Quarter, along the path of the procession from the Western Wall
to the Muslim Quarter, by security forces. Old City merchants interviewed for this report
claim that in recent years the police have stepped up shop closings during the circling of
the gates and Jerusalem Day march out of fear that Jewish participants will commit acts of
violence against Palestinian merchants.
“Price tag”: Acts of vandalism against Palestinians and Muslim and Christian religious
institutions have been nicknamed “price tag” after the code name given by perpetrators.
Price tag attacks may be waged against Islamic holy sites (usually mosques), monasteries
or Palestinian property in order to “avenge” incidents ranging from Israeli political conduct
perceived to be excessively moderate to Palestinian terrorism.
A connection can be made between certain “price tag” activists and the Od Yosef Chai
yeshiva in the settlement of Yitzhar—the yeshiva of rabbis Yitzhak Shapira and Yossi Peli. The
yeshiva is recognized by security authorities as an ideological and practical base of “price tag”
activists.81 In January 2010, yeshiva head Rabbi Yitzhak Shapira was arrested on suspicion of
involvement in setting fire to a mosque in the village of Yasuf.82 The same year the rabbi was
re-arrested, this time on suspicion of incitement to racism in his book “The King’s Law”, where
he points to cases in which Jewish law purportedly sanctions the killing of gentiles.83
Perpetrators of price tag actions also refer to their operations as “mutual guarantee”84, a
slogan coined by Rabbi Yitzhak Shapira.85 Their assumption is that the Jewish people and
the Land of Israel are a single organic entity; an injury to one organ stimulates a reaction
in another part of the body. As Shapira explains: “When somebody is hurt in one place
there must be a reaction everywhere.”86 If that logic continues to be promoted, it may likely
legitimize “price tag” vandalizing of the Islamic holy sites on the Temple Mount/Haram al-
Sharif (see above for the case of the Mughrabi Bridge).
80 According to the testimony of a Keshev researcher who was present at a circling of the gates
81 According to Shabak chief Yoram Cohen, the "price tag" activists consist of "a few dozen activists who are mainly
in Yitzhar", in Barak Ravid, "Shabak chief on ‘price tag’: the Yitzhar settlers are terrorizing the government," Haaretz,
February 3, 2012, http://www.haaretz.co.il/news/politics/1.1632993. Different reports have been published in the
past about "price tag" operations by residents of Yitzhar. For example, Amichai Etieli, "Yitzhar residents executed
‘price tag’ in Hawara, nrg, June 30, 2011, http://www.nrg.co.il/online/1/ART2/255/418.html (May 6, 2013).
82 Efrat Weiss, "Arson of mosque in Yasuf: Yitzhar yeshiva head arrested", ynet news, January 26, 2010.
83 Eli Senior, "Rabbi Yitzhak Shapira, who wrote about hurting gentiles, arrested", ynet news, July 26, 2010.
84 This slogan was sprayed on the walls of the Trappist Monastery in Latrun. See Moshe Nussbaum, "Arson
at the Latrun Monastery: Slogans against Christianity sprayed on walls", channel 2 news, September 4, 2012,
http://www.mako.co.il/news-law/crime/Article-2f22313d1be8931017.htm (May 6, 2013).
85 Guy Varon, "Head of Yitzhar yeshiva openly supports revenge against Palestinians", army radio, May 17, 2010.
86 Ibid.
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The movemenT foR Temple Renewal -
haTnua lekhinun hamikDash
start of activity: Registered as an association in 1991. Registration was revoked in 2002 but
the organization continues to conduct public activities.
stated goal: “The main goal of the Movement for Temple Renewal and the aspiration of
its founders and all of its members is to build the Temple and renew worship as in early
days.”87 On the broader level, the movement seeks to establish a state of Halacha in the
area of the Biblical Land of Israel.88
scope of activity: In the 1990s, there were nearly 100 registered members of the movement.89
Since the movement is no longer officially registered, there is no certified data about the
scope of its financial activities. According to the typology proposed above, the movement’s
motivation is halachic and messianic.
Main channels of activity: The movement works to disseminate its ideas about the Temple
Mount and construction of the Temple and to more vigorously introduce these concepts
into the public discourse. The Movement for Temple Renewal calls on every Jew to
ascend the Temple Mount according to Halacha and to take an active part in promoting
construction of the Temple and reviving worship within it. The movement conducts
extensive and comprehensive outreach to raise awareness of the call to ascend the Temple
Mount through its monthly publication “Yibaneh Hamikdash” and via its leadership role in
organizing the Temple Conference—the premier annual event of the Temple movements.
The Movement for Temple Renewal is unique in having been founded by ultra-Orthodox
Jews and in encouraging the ascent of the Temple Mount by Haredim.
Central figures: Founders: Yosef Elboim, Yoel Lerner and others. Present chairman: Lawyer
Baruch Bar Yosef
Location: Jerusalem
noteworthy activities: ascents to the temple Mount: The movement organizes periodic
ascents of the Mount and provides a guide and halachic instructions to anyone requesting
them. Members of the movement attach utmost importance to ascending the Mount as a
way of taking a stand toward both Jews and Muslims. It is difficult to obtain accurate data
about the scope of these ascents. One indication may be found in “Yibaneh Hamikdash”,
which releases monthly data about people who have ascended the Mount during that
period. Each issue documents hundreds of people who have made the ascent.
the temple conferences and temple feasts: Every year the Movement for Temple Renewal
produces the Temple Conference, a high visibility event that attracts most of the Temple
87 "The Three Weeks before Tisha B’Av: This is the time to donate to the Temple Mount Movement", article
on the Temple Mount Is Ours site, http://lamikdash.blogspot.co.il/2009/07/blog-post_8852.html (May 6, 2013).
88 Inbari, 126.
89 Ibid.
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movements. The conference combines lectures and speeches, films, a display of Temple
vessels, Temple songs, ascents to the Mount, a festive feast and sale of model Temples.
The Sixth Temple Conference in 2000 was the stage for the first public display of the
golden menorah made by the Temple Institute. In 2005, the Deputy Mayor of Jerusalem,
Yigal Amedi, attended the Temple Conference, where the service of the gift offering was
demonstrated. There Rabbi Dov Lior, the Rabbi of Kiryat Arba, declared: “We strive for full
sovereignty on the Temple Mount, and first of all must establish a central place of prayer.”90
The conference was also attended by Yehuda Etzion, head of the Chai Vekayam movement
and a member of the Jewish Underground of the 1980s that participated in plans to blow
up the Dome of the Rock. Etzion spoke about the Temple Mount as “yearning for a
different culture and totality.” He added that “striving for the Temple Mount is striving to
raise the State of Israel to sanctity, because if it remains in its Uganda, in its secularism, there
it will be buried.”91
The 12th Temple Conference convened in September 2011 at the Great Synagogue in
Jerusalem was held under the auspices of Makor rishon, the daily newspaper identified
with the national religious sector.92 According to the Arutz Sheva website, the conference
focused on “the conquest, Judaization and purification of the Temple Mount; removing the
90 Author unnamed, "The Temple Feast: create a prayer space on the Temple Mount", arutz sheva, January
25, 2005.
91 Nadav Shragai, “Temple Games”, Haaretz, January 26, 2005.
92 According to a survey published in Makor rishon, the newspaper has 21,500 readers for its daily edition
and 150,000 readers on the weekend.
The audience at the 12th Temple conference at the Great Synagogue in Jerusalem. Photo: Har Habayit Shelanu
website
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temporary abominations; the sacrifice service; construction of the Temple; and renewal of
the rites.”93
chai vekayam
start of activity: The movement was founded in 1991 and is not a registered association
stated goal: Raising public awareness of the necessity of the Temple and fighting for the
right of Jews to pray on the Temple Mount
scope of activity: In the late 1990s, movement members regularly ascended the Mount
without Police coordination and without permission (considering themselves exempt
from the yoke of the law on this matter).94 Participants were arrested and criminal
files opened. The arrests precipitated two changes: a stiffening of Police supervision
of the entry of Jews to the Temple Mount and raising of public awareness about
prohibitions against Jews praying on the Mount. In recent years, the scope of activities
has diminished.
central channels of activity: Movement members habitually ascend the Mount to pray,
aware their ascent will provoke arrest. They also focus on the reconstruction of the
paschal sacrifice ceremony, conducted in the neighborhood of Abu Tor, which faces the
Mount. Yehuda Etzion initiated the Temple Conference, during the time when the sacred
vessels of the Temple Institute were put on display. According to the typology proposed
above, this movement’s motivation is messianic.
Central figures: The movement was founded by Motti Karpel and Chaim Nativ, who were
joined by Yehuda Etzion a few years after he was released from prison for his involvement
in the Jewish Underground in the 1980s. Other members of the movement are Yinon
Mevorach and Chaim Odem (who designed and built the Temple menorah for the Temple
Institute).
Location: The movement was founded in the settlement of Bat Ayin, which serves as its
ideological center.
noteworthy activity: The movement has recently reduced its scope of activities, focusing
on Etzion’s lectures and theoretical plans for the future Temple.
93 According to a report on the Inn website on September 5, 2011, http://www.inn.co.il/Forum/Forum.aspx/
t381654 (May 6, 2013).
94 Ibid., 80.
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haR haBayiT shelanu weBsiTe
“The Headquarters for the Rescue of the People and the Temple—Har Habayit Shelanu”
is the most radical active Temple Mount website. The site openly calls for the destruction
of Islamic shrines on the Mount and construction of the Temple on the site of their ruins.
Police view the site’s publications as dangerously provocative and temporarily banned
activity in 2012 after a notice published on the site led to a violent outburst on the
Temple Mount.
goal: The Har Habayit Shelanu site has one purpose: “To Judaize the Temple Mount and
build the Third Temple on the Temple Mount, capturing Temple Mount from the evil
thieves of the Temple. Temple Mount is home.”95
scope of activity: The site is normally updated every few days.
central channels of activity: The site channels developing news from the Temple Mount
and announces demonstrations and ascents to the Mount.
Central figures: The site lists its main editor as Rabbi Dudu Baharan and its deputy editor
as Gershon Caspi. According to the police, Nechemiah Elbom and Rabbi Yehuda Glick are
the site’s operators.96
Location: http://hamikdash1.blogspot.co.il.
noteworthy activity: Direct and indirect calls to destroy the mosques on the Temple
Mount/Haram al-Sharif and publication of a poster ahead of Moshe Feiglin’s ascent of the
Mount after internal Likud elections in 2012. The ascent fomented great unrest among
Muslims and Police closure of the Mount to visitors.
95 From the site http://hamikdash1.blogspot.co.il/2011/06/blog-post_25.html (May 6, 2013).
96 Shalom Yerushalmi, “Temple Mount is in their hands: who is really agitating the atmosphere in Jerusalem?”,
Maariv nrg, March 11, 2012.
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appenDix, paRT 2: RegisTeReD associaTions (noT RevieweD
aBove) pRomoTing The Temple agenDa
year of
registration
name of
association
association’s self-stated goals
1985 El Har Hashem
To stimulate public awareness of the sanctity of
Temple Mount as the single, central holy site of the
Jewish people
1985
Midreshet Kidmat
Yerushalayim,
established by
Ateret Cohanim
A midrasha (orthodox educational institution) for
the study of Jerusalem and the Temple via tours of
Jerusalem within the Old City walls and curriculum
on Jerusalem, Temple Mount and the Temple
1993
The Midrasha of
Temple Knowledge
Educational projects on the subject of Temple
awareness in Jerusalem, e.g. textbooks illustrating
the Jewish people’s historical connection to the
Temple and Jerusalem
1994 Tzur Yeshuati
Torah center for sacred and Temple studies; Beit
Habechira, a "kolel" (seminary for young married
men); publication of the journal “Ma’alin Bakodesh”;
publication of books and periodicals about the
Temple
1997
Center for the
Study of History
of the Temple in
Jerusalem
Dissemination of historical information in Israel
and around the world, including Europe, about the
Temple, its function, location and archaeological
excavations at the site, based on Jewish sources
1999
Machaneh
Shekhina
Construction and maintenance of a luxurious and
sophisticated ritual bath for provision of purification
services to pilgrims to the Temple Mount; guiding
for visitors to the Temple Mount complex
2000
The Center for
Temple Studies at
Mitzpeh
Establishment of a learning center for priests and
Levites; creation of a model of the Temple and its
sacred vessels; publishing of halachic and educational
materials about the Temple
2001
Temple Awareness
– Shalom al Yisrael
Information and intensive education about the
Temple, including production and publication of
films and written materials; education and activities
for the unity of the Jewish people; charitable and
anonymous contributions to people in need
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year of
registration
name of
association
association’s self-stated goals
2001
Women for the
Temple
To unite women from various Jewish groups around
the Temple; to fulfill the positive precept to build
the Temple; to deepen awareness and knowledge
of the meaning and significance of the Temple; to
tighten the bond between women and the Temple
in thought and action
2003 Lev Ha’uma
To deepen awareness of the Temple as a central site
of the Jewish people; to strengthen the connection
between the Jewish people, the State of Israel and
the Temple Mount in order to realize Israel’s full
sovereignty on the Temple Mount for the benefit of
the Jewish people and the Land of Israel
2004
Sanhedrin—large
tribunal of 71
To establish Jewish law among the Jewish people in
Israel and the Diaspora
2004
Chen Beit
Hamikdash
To promote Temple affairs through study, lectures,
books and publications; to illustrate the Temple and
tabernacle; to administer seminaries for the study
of Temple affairs; to build synagogues; to research
the song of the Levites and song in general in Jewish
sources
2006
Tzur Yeshurun
Yerushalayim
To convey Jewish heritage and culture, especially
related to the Temple, throughout the Jewish
population via lectures, events, conferences and
national and international exhibits, in cooperation
with overseas Jewish communities
2010
The Mount
Yeshiva
Gathering groups of newly wed yeshiva students
to study—with a focus on the laws of sanctity and
purity—next to the Temple Mount during hours
open to visitors (in observance of law); promotion
of public action to build a synagogue, a study house,
a yeshiva and a kolel on the Temple Mount
2011 Moses Park
Illustrating the Second Temple for the general public;
a research center on Jewish communities abroad;
the Temple illustration project
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paRTial lisT of BoDies, movemenTs anD oRganizaTions noT
RegisTeReD as associaTions
• Friends of the Temple Movement (Prof. Hillel Weiss)
• The Jewish Idea Yeshiva (Rabbi Yehuda Kreuzer)
• Otzar Hamikdash (The Temple Trust), (Architect Gideon Harlap)
• Metzudat Yehuda (Yehuda Citadel), (Lawyer Baruch Ben Yosef)
• The Third Temple (Rabbi David Elboim)
• Yeshivat Torat Habayit (The Temple Torah Yeshiva)
• Kmehei Hamikdash (The Temple Longing)
• Merkaz Har Habayit (Temple Mount Center)
• Merkaz Hakohanim (The Priests’ Center)
• Mishmar Hamikdash (Temple Guard)
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Part 3: ties between governMent
institutions anD teMPLe MoveMents
There is an internal contradiction in the authorities’ policy towards the Temple movements.
The authorities enable, assist and sometimes even fund the activities of the Temple
movements; at the same time, they—especially law enforcement agencies such as the Israel
Police, the State’s Attorney and the Shabak—attempt to monitor, curb and modify the
activity of the Temple movements out of security concerns. The support of state authorities
extends to various movements and organizations that openly declare their intention to
change the status quo on the Mount, with all the implications such changes might entail.
Role of sTaTe auThoRiTies in encouRaging Temple
movemenT acTiviTies
a. RegisTRaTion of associaTions anD TRusTs
Government institutions facilitate the growth of the Temple movements by registering
associations working to change the status quo on the Temple Mount/Haram al-Sharif, whether
by mass ascent and prayer by Jews or actions toward construction of the Third Temple.
There are currently 19 associations with Temple related missions registered with the Registrar
of Associations. It goes without saying that a democracy cannot prohibit registration of a
public body operating within the confines of the law; the government is required to honor
the right of assembly. However, the State’s allowance of bodies that openly state the goal
of promoting construction of the Third Temple to register as associations has not always
been a given. In 1971, then Attorney General Meir Shamgar forbade the establishment of
“The Association for the Construction of the Temple in Jerusalem.”97 Among the reasons
he cited were “insult of the subject” and concern of “exploitation of the naïveté of people
in Israel and abroad to raise funds for an activity they are neither authorized nor capable of
carrying out” (see document below).
Since the Association Law was passed in 1980, 19 different associations promoting a change
in the arrangements on the Mount have registered with the Registrar of Associations. The
associations’ official goals range from public education activities (“raising public opinion”,
“raising public awareness”) to activities on the ground such as the building of a ritual bath
for pilgrims ascending the Mount, promoting the construction of a synagogue on the Mount
97 An Ottoman association is the equivalent of an association that existed before the Association Law was
passed.
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or even advancing construction of the
Temple itself. There is a wide spectrum
of activities existing between these
extremes, including encouraging ascent
to the Mount, religious study related
to the laws of the Temple, building
models of the Temple and associated
vessels and training priests and Levites
for service in the Temple.
In 2000, Yosef Elboim and architect
Gideon Harlap established an
organization called “The Temple Trust
– a public trust for the construction
of the Third Temple.” A public trust
is a legal institution that regulates
assets dedicated for the realization of
public goals, and like an association it
is overseen by the Department of the
Corporations Authority.98 The role of
the Temple Trust was to raise funds to
build the Temple.
B. pRoTecTing Temple movemenT DemonsTRaTions
The “circling of the gates” that has been organized for the past decade by the El Har Hamor
association is funded by the Yesha Council.99 The event is secured by the Israel Police,
which orders Arab merchants in the Muslim Quarter to close their shops out of fear of
harassment by Temple movement activists participating in the procession.100 In so doing, the
police not only protect the demonstrators (within their purview) but avoid the scenario of
confronting them should they break the law, choosing instead to exact a financial toll on
market vendors’ businesses.
98 In the last 15 years, Gideon Harlap has been active in matters of the Temple. He publishes booklets on
construction of the Temple, operates the website Yisrael Hamikdashit and heads the Temple Trust. In an
interview with him for the preparation of this paper (interview with Yizhar Be’er, January 29, 2012), Harlap
spoke of the blueprint he made for Temple Mount. He claims there is no halachic obstacle to building the
Temple and the main barrier is public opinion in Israel. He is trying to draw public opinion in his direction and
to that end he said he approached celebrities (such as Yehoram Gaon and Leonard Cohen) and tried to recruit
them to a campaign to build the Temple, so far unsuccessfully.
99 Inbari, 31, 185.
100 According to merchants’ testimonies given to Yizhar Be’er
The attorney general's letter refusing to register the
Association for the Construction of the Temple
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c. DiRecT funDing
The State of Israel directly funds various Temple movement activities. In the years 2008-
2011, the Ministry of Culture, Science and Sports and the Ministry of Education supported
the Temple Institute and the Midrasha at an average rate of NIS 412,000 per year.101 In
2012, the Midrasha, the educational arm of the Temple Institute, received NIS 189,000 from
the Ministry of Education.102
On December 30, 2010 a highly attended conference took place at Binyanei Ha’uma (The
Jerusalem Conference Center). The event, promoted as “Every Jew Has a Part in the Sacred”
(the logo on the invitation proclaimed “Something good is happening in Jerusalem!”), drew
thousands of attendees, mostly Haredim. The program included a discussion of ritual sacrifice and
an exhibit presenting a model of the Temple. It also showcased a virtual presentation illustrating
the construction of the Third Temple on the ruins of the Dome of the Rock. The conference
was held under the auspices of the Jerusalem Municipality’s Department of Religious Culture.103
D. infilTRaTion of The eDucaTion sysTem anD youTh movemenTs
The Temple movements are active in public schools, religious seminaries, colleges, girls’
high schools, yeshivas and youth movements. Leading educational institutions in the area
of Temple studies are Kolel Beit Ha’bechira in Karmei Tzur, the Jewish Idea Yeshiva in
Jerusalem, Yeshivat Torat Ha’bayit in Jerusalem and the Od Yosef Chai yeshiva in Yitzhar.
These educational activities forcefully expose students to the Temple movements’ versions
of history, ideology and Jewish law regarding the Temple Mount as well as the yearning and
capacity to erect the Third Temple upon it.
connecTion To The minisTRy of eDucaTion
In 2010, Education Minister Gideon Saar initiated the project “Ascending to Jerusalem”,
through which the Ministry of Education subsidizes tours to Jerusalem for school children.
The goal of the program is to ensure that every student in the Israeli education system
101 According to the information on the government subsidy website www.tmichot.gov.il. From their financial
reports (seen on the association website http://www.guidestar.org.il/), the Temple Institute and the Midrasha
report receiving subsidies in the years 2008-2010. The Institute received NIS 158,046 in 2008, NIS 239,007 in
2009 and NIS 291,465 in 2010.
102 Or Kashti, "Government ministries are donating ‘petty cash’ to haredi and right-wing institutions", Haaretz,
November 23, 2012 ,http://www.haaretz.co.il/news/education/1.1871516 (May 6, 2013).
103 See also the Har Habayit Shelanu website, http://lamikdash.blogspot.co.il/2011/01/blog-post.html (May
6, 2013).
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visits the capital at least three times by the age of 18.104 In August 2012, the Ministry of
Education reported a record number of 550,000 students who toured Jerusalem, of which
31,474 entered the Mount complex.105 Most of the students who entered the Mount were
Muslim but a few thousand were Jewish. Complaints against the Ministry of Education
appeared on the Haredi website Behadrei Haredim, where protests were made against
allowing Jewish children onto the Mount—a violation of “a ban punishable by extirpation”.
In other words, ascent to the ancient holy site in a state of impurity is punishable by death
at God’s hands.106
The Religious Education Administration declared “Jerusalem and Zion: From Longing to
Realization and from Vision to Reality” as the annual theme for 2009-2010. The Temple
factors heavily in its educational content. Moreover, the Religious Education Administration
takes an energetic role in designing curriculum, suggesting ways to combine Temple studies
with traditional areas of study such as history, geography and Talmud; building models of the
Temple Mount and the Temple; and writing prayers, songs and short stories about Jerusalem
and the longing to build the Temple. It has also recommended touring the Temple Institute,
among other Temple related organizations and sites.107
Among the Administration’s suggested curricular materials is an article entitled “Zion and
Jerusalem, From Longing to Fulfillment” by Rabbi Dr. Yochai Rudick. At the end of the
article, the rabbi declares that “placing Jerusalem at the center of the annual subject in
5770 (2010) should, God willing, create ideological momentum in the religious education
system’s concepts and spiritual aspirations both towards construction of the Temple and
in its system of values as a whole.”108 The hope for a swift victory over the “nations” and
construction of the Temple is also mentioned in an article by Rabbi Arieh Shalom, the
deputy inspector for the instruction of Talmud and oral law, who says:
“Even today, like in the days of Ezra, there are nations who besiege us and want
to share with us the government and sovereignty over Jerusalem and to divide its
unity. The processes may be numerous and complex but with God’s help we shall
act and succeed. Just like we merited the first redemption so we shall merit the last
104 According to Gideon Saar's personal website (http://www.gideonsaar.com), "more than 500,000 students
visited Jerusalem as part of the ‘Ascending to Jerusalem’ project initiated by Education Minister Gideon Saar. The
purpose of the program is to increase familiarity, sense of belonging and love of Jerusalem, the capital of Israel,
in which every student (from all sectors) must visit Jerusalem at least three times during their 12 years of school.
To implement the program ‘Ascending to Jerusalem’ the Education Ministry allocated, as part of its list of goals
presented to the government and the Knesset six months ago, an overall budget of NIS 15 million, which greatly
increases the number of students visiting Jerusalem."
105 Omri Meniv, “30,000 students tour Temple Mount for the first time", Maariv nrg, August 29, 2012, http://
www.nrg.co.il/online/1/ART2/399/407.html (May 6, 2013)
106 Sari Roth, “Shocking: the Education Ministry brought 31,474 children to Temple Mount", Behadrei Haredim,
August 29, 2012, http://www.bhol.co.il/article.aspx?id=44050 (May 6, 2013).
107 The full memo is on the following website: http://cms.education.gov.il/NR/rdonlyres/800C2D58-638E-
4542-96A2-509388E4BB64/104596/21.pdf (May 6, 2013). The connection between the Education Ministry
and the Temple Institute is not anecdotal. In 2008, the organization's founder Rabbi Yisrael Ariel received the
Ministry of Education's Jewish Culture award.
108 Ibid., 13.
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redemption, for the building of Jerusalem and the building of the Temple swiftly in
our days, amen.”109
The selected bibliography proposed on an
Education Ministry memo lists numerous books
about the construction of the Temple and the
Temple Mount, some of which are written
by leading activists in the Temple movement.
The influence of the Temple movements can
therefore be seen to reach all the way to the
administration of the Ministry of Education.
Materials manufactured by the movements
constitute official educational materials used
within the religious education system.
educational funds and informal education:
The Karev Educational Program (founded
by Charles Bronfman) runs joint enrichment
programs with the Ministry of Education
in schools and kindergartens and supports
educational activities in the field of Temple
awareness. The article “Parents Are Invited
into the Temple”, published on Arutz Sheva,110 documents a project in Safed run by
Rabbi Dror Shmulian—a collaboration between the Karev Program and the Temple
Institute. At its conclusion, children from all classes in the school built a giant 30 by
17 meter cardboard model of the Temple. At the closing event, parents entered the
“Temple” built by their children and listened to students dressed in priestly garments
explain the Temple service.111
The Midrasha that operates under the supervision of the Education Ministry’s Union of
Judaism Seminars runs educational programs in schools throughout the country, for which
it employs eight young women from the National Service program and receives an annual
budget. Activities are conducted in kindergartens, schools, bar and bat mitzvahs and even
among adults. The Midrasha’s seminar catalog demonstrates a diverse menu of educational
components, including a mobile exhibit of Temple vessels, a puppet show about the
Temple, construction of Temple models, games like “Dress the Priest” (making a small
doll of a High Priest and his garments) and arts and crafts projects such as making mobiles
109 Ibid., 17-18.
110 Shimon Cohen, "The parents are invited into the Temple", arutz sheva, July 31, 2011.
111 The Karev Educational Program responds: "The activity in the Chabad school in Safed was part of the Karev
Program’s art classes. The teacher was accompanied by an art supervisor, participated in enrichment classes
and taught based on a program agreed upon between the school and the art department. In many cases the
art classes reinforce the school's study contents. In the Arutz Sheva report, the reconstruction of the Temple is
of the historic Temple of the past without reference to the future and without a current political context. It is
important to clarify that the choice of contents in haredi schools is, naturally, in accordance with their worldview.
Following Ir Amim's inquiry, we will re-examine the study contents."
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and refrigerator magnets with Temple elements.112 The catalog also includes a unit on the
Tabernacle and its vessels to prepare tenth-graders for matriculation exams in Bible study.
According to the catalog, the Temple Institute prepared the study unit at the direct request
of the Ministry of Education and it is recommended by the District Bible Inspector, Rabbi
Yissachar Goelman.
Extensive Temple activities are also conducted under the auspices of the religious youth
movement, Ariel.113 The movement splintered off from Bnei Akiva in 1980 in order to
separate boys and girls and “raise youngsters on values of Torah, sanctity and action”,
under the slogan “The Torah of life with spirit”. The movement aims to “strengthen
Temple awareness and spiritual and practical action to hasten its rebuilding.”114 According
to Ariel’s educational philosophy, there are three primary objectives that should be on
the agenda for high school students, one of them being “increasing awareness of the
importance of building the Temple among the Jewish people, participation in the circling
of the gates, information at schools, modeling the Temple at distribution stands and
more”.115
One of the Ariel youth movement’s most highly anticipated annual events is “Temple Week”
and the calendar issued for counselors notes the monthly circling of the gates 116 (see Part
2). The movement publishes a monthly magazine called tal shamayim—the Monthly for
religious youth. Volume 67 of tal shamayim was devoted entirely to the Temple and its
construction. In that volume, the subtitle of an interview with Rabbi Glick, then director of
the Temple Institute, read, “From Air-conditioning to Parking, They are Planning the Temple
in Full Detail”.117
The movement declares that it serves 10,000 active students across 75 branches,118 mainly in
settlements beyond the Green Line. The movement enjoys significant government support.
In the years 2008-2011, Ariel received more than NIS 8 million from the State.
the special relationship between the israeli establishment and the temple institute: Of
all the Temple movements, the Temple Institute enjoys the establishment’s most generous
support. From its inception, the Temple Institute sought the support of official bodies
such as government ministries, the Chief Rabbinate and the Jerusalem Municipality. By
presenting itself primarily as an educational body, without emphasizing its ultimate goal of
rebuilding the Temple, the Institute has been successful in garnering support. It is recognized
112 Catalog of activities of the Midrasha founded by the Temple Institute, Iyar, 5765.
113 The word "Ariel" itself is a florid expression for the altar of the Temple in Jerusalem.
114 According to the movement's goals, as reported to the Registrar of Associations
115 From the movement's old website, question and answer department.
116 See Ariel movement's calendar for 5772.
117 Yitzhak Lampert, "Preparing the Temple", tal shamayim – the Monthly for religious youth 67, Av 5769.
118 According to the movement's new website, "Who we are".
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by the Ministry of Education as an educational body and is regularly visited by groups of
schoolchildren and organized groups of soldiers.119
The Midrasha serves as the educational arm of the Temple Institute and in this capacity
provides seminars on the Temple and Temple rites to inspectors, principals, teachers and
students. Since 1994, the Temple has been included as a subject in some bible studies
matriculation exams and the Institute gives lessons on the subject in schools. It also
enjoys resources from the National Service Authority, which places young women at the
Institute in fulfillment of their national service obligations. In 2011, eight young women
from the National Service program served in the Midrasha, guiding visitors and conducting
educational activities in schools throughout Israel. In 1995, the Institute reported it had
reached 35,000 students that year.120 Furthermore, the Institute’s newsletter, “What’s New
in the Temple Institute”, was published for many years with the support of the Ministry of
Religious Affairs and the Education Ministry’s Department of Religious Culture.121 In 2008,
Rabbi Ariel received the Education Ministry’s annual prize for Jewish culture for his work
on the subject of the Temple.122
For years the Midrasha has received substantial sums of money from the Ministry of
Education. In 2008 it received NIS 341,687; in 2009 it received NIS 218,395; in 2010, NIS
266,465; in 2011, NIS 264,587; and in 2012 the Midrasha received more than NIS 189,000.123
The Temple Institute itself also receives state money directly. In 2008, the Institute received
NIS 121,564; in 2009, NIS 154,446; in 2010, NIS 159,454; and in 2011, NIS 121,564. In the
years 2008-2011, the Ministry of Culture, Science and Sports and the Ministry of Education
supported the Temple Institute and the Midrasha by an average amount of NIS 412,000 a
year.124
The Midrasha naturally emphasizes its distinctive ideological, historic and halachic narrative
concerning the Temple Mount and the Temple. Because there is no other organization
representing an alternative viewpoint, students receive a blatantly biased perspective. Funding
and manpower resources are provided to the Midrasha legally but there is no stipulation
as to either curricular content or supervision of staff; only volume of activity is monitored.125
In this way, both secular and religious students under the Education Ministry are exposed
to a one-dimensional approach to the subject.
Since the late 1980s, the Temple Institute has participated in organizing the Temple
Conference, which is supported by the Chief Rabbinate, the Jerusalem Municipality and the
119 arutz sheva, October 6, 2008.
120 Inbari, 51.
121 ibid., p. 52.
122 arutz sheva, October 6, 2008.
123 The figures come from the report of the Registrar of Associations under the item "support of public
institutions – Judaism seminars". See also Haaretz, November 23, 2012, http://www.haaretz.co.il/news/
education/1.1871516.
124 Based on information on the government subsidy website, www.tmichot.gov.il.
125 Haaretz, November 23, 2012, http://www.haaretz.co.il/news/education/1.1871516.
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Ministry of Religious Affairs.126 The conference exemplifies the close cooperation between
the Temple Institute and elected and public officials in Israel. On September 15, 1998, the
Chairman of the Constitution, Law and Justice Committee, Knesset Member Hanan Porat,
sent invitations to the event from his office on official Knesset stationery and Deputy Minister
of Sports Moshe Peled (Likud-Gesher-Tzomet) promoted it in a broadcast address.127 At the
event, Rabbi Yisrael Ariel issued a call from the stage to act to remove the Islamic shrines
from the Temple Mount and to build the Temple. Ariel declared, “Tomorrow morning, we
must put on our working clothes.”128 In 2011, Arutz Sheva reported that the conference
would be attended by rabbis and politicians, including Deputy Prime Minister Silvan Shalom129
(who ultimately canceled his attendance). The Har Habayit Shelanu website reported that
the event was attended by Knesset members Uri Ariel and Michael Ben Ari.130 In the past,
it was attended by religious dignitaries holding public office such as Rabbi Yisrael Meir Lau
and Rabbi Eliahu Bakshi Doron.131
connecTion BeTween The Temple movemenTs
anD memBeRs of knesseT
On July 26, 2012, for the first time, the
Israeli Knesset hosted a conference about
the Temple, Jewish sovereignty in Jerusalem
and granting Jews worship rights on the
Mount. The conference was initiated by MK
Michael Ben Ari and facilitated by MK Arieh
Eldad, both from the Temple lobby in the
Knesset. Some 100 rabbis attended the
conference—addressed by members of the
Temple movement—including Yehuda Etzion
(see below for letter sent to him by then
Opposition Chairman Benjamin Netanyahu),
Rabbi Yehuda Kreuzer, Rabbi Yisrael Ariel and
Rabbi Yosef Elboim. The conference was also
attended by Michael Pua (Director of Jewish
Leadership), Baruch Marzel (The Jewish Front
and former member of the defunct Kach
126 Motti Inbari, Jewish fundamentalism and the temple Mount (Jerusalem: Magnes Press, 2007), p. 50.
127 According to Keshev director Yizhar Be’er, who attended the conference
128 According to Keshev director Yizhar Be’er, who attended the conference
129 Ben Shaul, "Today: festive gathering of friends of the Temple", arutz sheva, September 17, 2011.
130 According to photographs published on the Har Habayit Shelanu website, Gadi Bahar, "The Twelfth Temple
Conference: more than 500 people attended the Temple Conference on Monday at the Great Synagogue."
131 Motti Inbari, Jewish fundamentalism and the temple Mount (Jerusalem: Magnes Press, 2007), p. 50.
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leadership), Itamar Ben Gvir (who served in the 18th Knesset as an aid to MK Michael Ben
Ari) and Dr. Ron Breiman (chairman of the now defunct Professors for a Strong Israel).
Chairman of the Temple Mount Heritage Fund, Rabbi Yehuda Glick, claims that a group of
Knesset members regularly ascends the Mount: Danny Danon, Arieh Eldad, Michael Ben Ari,
Uri Ariel, Ze’ev Elkin, Otniel Schneller and Yariv Levin. Rabbi Glick claims that MK Nachman
Shai has also ascended the Mount several times.132 In the past, ministers Hershkowitz and
Edelstein also ascended the Mount; today, the government forbids ascents by ministers for
security reasons. In August 2012, Arieh Eldad proposed a bill to regulate prayer times for
Jews on the Mount.133
Some of the aforementioned Knesset members have been outspoken in declaring their
support for building the Third Temple. Yuli Edelstein declared, “My job is to deal with the
daily process that connects and builds the Jewish people and leads to construction of the
Temple”.134 Ze’ev Elkin, the coalition chair of the 18th Knesset, has stated that in his opinion,
“It is important to extract it [Temple Mount as per Yizhar Be’er] from the purview of
religious lunatics. We must explain to broad sections of the public that without this place,
our national freedom is not complete.”135 Tzipi Hotoveli opines that “building the Temple
and its place on Temple Mount must symbolize the renewed sovereignty of the Jewish
people in its land …We must deepen our hold on Temple Mount as part of deepening our
hold on the entire Land of Israel, as the preparation of a vessel to receive this necessary
change of reality.”136 Zevulun Orlev, a few weeks after losing primary elections in the Jewish
Home party to Naftali Bennet, said “the Muslim world will surely start a world war if Israel
and the Jewish people remove the mosques from Temple Mount, but history teaches us that
we must not give up.”137 Together with Ze’ev Elkin, Daniel Hershkowitz and Otniel Schneller,
Orlev proposed dividing the Mount area by time and place for Jewish and Muslim prayer,
similar to the system implemented for the Cave of the Patriarchs in Hebron.138
One of the chief figures representing the connection between the Knesset and the Mount
is Moshe Feiglin, who was elected to the 19th Knesset and promised to work extensively on
132 Yehuda Glick in an interview with Yizhar Be’er on May 7, 2012. On the other hand, Glick is disappointed
by the ineffectiveness of the Temple lobby in the Knesset: "They try to raise the subject in all kinds of forums
like the Knesset Committee, but then police representatives come to the Knesset and lie, and nothing happens.
Netanyahu is obsessed with the Western Wall Tunnels and he is afraid to take a risk. At every security discussion
about it, Bibi takes a hard line. The court is like that, too. When a senior official comes and tells it that if we
ascend the Mount, a world war will break out, no Supreme Court judge will take the risk."
133 Arik Bender, "The Temple Mount Law: permanent prayer times for Jews", Maariv nrg, August 9, 2012,
http://www.nrg.co.il/online/1/ART2/393/851.html (May 6, 2013).
134 Arnon Segal, “Daf Habayit”, Makor rishon, February 23, 2012.
135 Ibid., October 26, 2012.
136 Ibid., September 31, 2012.
137 Nadav Peri, "An election spin? MK Orlev proposes: Basic Law: The Temple", channel 10, July 30, 2012,
http://news.nana10.co.il/Article/?ArticleID=914979 (May 6, 2013). Orlev was speaking as part of the bill Basic
Law: The Temple (see above).
138 "Support for the Temple Mount Law", temple Mount news, August 12, 2012, http://the--Temple.blogspot.
co.il/2012/08/blog-post_11.html (May 6, 2013).
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behalf of the Temple Mount inasmuch as the status and immunity from prosecution granted
by his office would allow. Indeed, since being elected to the Knesset, Feiglin has ascended the
Mount several times, even attempting to enter the Dome of the Rock. This action precipitated
the outbreak of violent riots on the Mount that injured demonstrators, police and journalists
and resulted in police storming the Mount with large forces against Muslim stone throwers.
The Jerusalem Police warned that Feiglin’s provocations on the Mount could lead to an
explosion (see below for Channel 2 News’ March 4, 2013 review of the violent incident
resulting from Feiglin’s ascent of the Mount before the elections to the 19th Knesset). The
potentially dangerous repercussions of his actions have recently compelled Prime Minister
Netanyahu to personally intervene and instruct Police to prevent Feiglin from entering the
Mount. After winning a realistic slot in the primary elections for the Likud list, Feiglin said:
“Dear friends, this is not the end. It is just the beginning, until we build the Temple
at the top of Temple Mount and fulfill our destiny in this country.”139
Feiglin is acting on a coherent and systematic worldview that stems from the writings of
Shabtai Ben Dov (from whom Yehuda Etzion also derives his messianic philosophy). Following
Ben Dov and Etzion, Feiglin distinguishes between “survival laws” and “destiny laws”: whereas
“survival laws” relate to conditions for basic survival, “destiny laws” are the expression of the
nation’s essence and fulfillment of its hidden potential. For the Jewish people, Israel is to be
a kingdom of priests and a holy nation, at the center of which the Temple is based. Etzion
publicized that ideological division as early as 1985 in the nekuda periodical, in a pair of articles
calling to replace democracy in Israel with the Kingdom of the House of David. According to
Etzion, only such governmental transformations will enable the fulfillment of the Jewish people’s
destiny, whereas the changes themselves would be facilitated by the actions of an individual
with prophetic intuition and vocation who runs as a vanguard before the nation.140
Feiglin is also waiting for that prophetic vanguard who will run before the nation and
fulfill the will of the Jewish people.141 However, Feiglin believes that most of the Jewish
people in Israel today aspire to rebuild the Temple142 and that construction of the Temple
139 “Likud Primaries and Temple Mount", the temple Mount news website, November 28, 2012, http://the--
Temple.blogspot.co.il/2012/11/blog-post_9491.html (May 6, 2013).
140 Tomer Persico, “The messianism that replaced Gush Emunim", July 1, 2012.
141 See Feiglin's article, "From the hills to the Mount", Makor rishon, June 15, 2012.
142 Feiglin bases this faith on various surveys that confirm that. In July 2009, a survey commissioned by the
Gesher organization and the Ynet website was published ("Survey: 64% of Israelis want the Temple", ynet news,
July 29, 2009), undertaken by the "Panels" research institute. According to the survey of 560 respondents, when
participants were asked whether they would like the Temple to be rebuilt, 64% responded in the affirmative,
including 33% who want so "very much" and 31% "pretty much," whereas 36% answered in the negative,
including 31% who said "not very much” and 5% who said "not at all." According to Feiglin, in another survey
"the Knesset Channel asked the same question (albeit not professionally, solely through an Internet survey).
49% of respondents answered that they are interested in building the Temple." (Moshe Feiglin, "Indeed, Temple
Mount", Makor rishon, July 13, 2012). It should be mentioned, however, that other surveys provide a different
picture. In a survey published under the headline "A majority of the public: allow Jews to pray on Temple Mount
" (Makor rishon, July 27, 2012), it turned out that the aforesaid majority was only 52%, including only 39% of
the secular respondents. Furthermore, 51% of respondents said that the Ninth of Av “did nothing for them,"
including 75% of the secular respondents. To the question "should we begin building the Temple now?”, 51% of
the public answered in the negative, including 91% of secular responded and 57% of Religious Zionists.
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would lead to a fuller cohesion of the Jewish people, sovereign in its land.143 Therefore,
despite leading authorities on Jewish law objecting to ascending the Mount, they must
not be heeded144; rather, we must act to produce a messianic revolution to fulfill the
nation’s destiny—namely, through the building of the Temple. Out of this belief, Feiglin
concludes:
“The only people who are establishing new points today are those who have freed
themselves from the need for additional legitimacy, the hilltop folks…It is precisely
those who have less faith in the people, or maybe even in their own ideology, who
are afraid to stand up and offer themselves for leadership…The future of settlement
today depends on leading the country towards its historic destiny, whose symbol is
indeed the Temple Mount.”145
Feiglin awaits the vanguard marching before the nation, an inner prophetic voice commanding
him to renew worship on the Mount as an expression of the overt and covert desires of
the majority of the Jewish people in Israel.146 The construction of the Temple will finally
unite the whole nation and launch a new era in the relationship between the people and its
God, with ritual becoming direct and dynamic.147 Whether he sees himself as that vanguard
or is waiting for someone else to fill the role, Feiglin is doing everything he can to fulfill that
vision.
Feiglin has declared that Israel “must simply throw the Waqf out of there [the Mount] and
leave just the Israel Police there,”148 because “gone are the days of individuals sneaking into
the hills on security pretexts, and it is time to say the truth, which leads us to the Temple
Mount.”149
Many of the elected legislators in the Israeli Knesset raise the banner of the Temple Mount.
The 19th Knesset includes a not insubstantial group of delegates who have promised to act
to promote the interests and agenda of the Temple movements, whether through economic
aid, legislative initiatives or ascending the Mount. The Likud platform specifically states that
143 "The Temple is the center of the time axis, the whole life circle. Jewish sovereignty without a Temple is
like a state without a capital, without a parliament, without national holidays – like a body without a heart. The
Temple was and still is the beating heart of the nation, the purpose of its existence", Moshe Feiglin, "A nation in
search of meaning", Maariv nrg, July 29, 2012.
144 ibid.
145 Feiglin, "Indeed, Temple Mount".
146 The aspiration to build the Temple presented by Feiglin derives, therefore, from the division we presented
above, from a combination of national aspirations and Nietzschean messianism.
147 "The real repentance, the one that moves forward by the tremendous achievement of Zionism, the one
that returns us to our meaning, progresses towards a reality and does not retreat towards religion, for us, as
Jews, through the practical longing for the Temple", Moshe Feiglin, “A nation in search of meaning", Maariv nrg,
July 29, 2012.
148 Amnon Meranda, "The Feiglin plan: to throw the Waqf off Temple Mount", ynet news, December 10,
2008.
149 Feiglin, "Indeed, Temple Mount".
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“Likud will act in the next term to find a solution that allows freedom of worship to Jews
on the Temple Mount, while of course treating the matter with the necessary sensitivity.”150
In this context, it is noteworthy that the two events that caused the largest number of casualties
in the last 20 years, the Western Wall Tunnel riots (1996) and the outbreak of the Al-
Aqsa intifada (2000-2005), were influenced by the actions of politicians—then Prime Minister
Benjamin Netanyahu and then opposition leader Ariel Sharon. Though those events are not
directly related to aspirations to build the Temple, they indicate the national significance of the
Mount for Israeli Jews, Muslims, Christians and Palestinians alike. The Mount complex serves
as a geographic point representing the intersection of religious faith and political identity, a
focal point with a high potential to upset the existing order and boil over into widespread
violence.
Role of sTaTe auThoRiTies in cuRBing acTiviTy of The
Temple movemenTs
In general, state institutions curb the activity of the Temple movements primarily when
they fear a threat to public order or after activities lead to violent outbursts. Most of the
prevention and restraining activities therefore take the form of security measures.
a forbidding ascent to the temple Mount/Haram al-sharif: At tense times, the police
prevent the entry of non-Muslim visitors to the Mount—the situation during the first years
of the Al-Aqsa intifada, 2000-2003. This restraining order is still periodically enforced
around Muslim holidays or when the authorities assess there is a concern for public
order.
In addition to enforcement of a universal ban on ascending at certain times, there are several
people on a list to be “denied ascent”. These are key activists in the Temple movements
whose presence on the Mount, according to the Police, is deemed to be a potential threat.
According to Temple Institute publications, in November 2011 there were some 11 people
refused ascent to the Mount, including Gershon Salomon (The Temple Mount Faithful),
Yehuda Etzion (Chai Vekayam), Yosef and Nechemiah Elboim (The Movement for Temple
Renewal) and Yehuda Glick (Human Rights on Temple Mount). In June 2012, Rabbi Yehuda
Ariel (The Temple Institute) was permanently banished from the Mount, though the ban
was lifted a few months later.
The Temple movement activists are vigorously acting to cancel restrictions. On the
grounds of “Human Rights on the Temple Mount” and “Exclusion of Jews on the Temple
Mount”, the activists demand permission for those denied to ascend and cancellation
of the remainder of restrictions applying to Jewish visitors. Knesset members who
support the Temple movements are active in Knesset committees to reduce police
150 This article on the platform was written by Yehudah Glick. Source: Netael Bendel, "The small print: What
are the parties' positions on the question of Temple Mount?", Kipa, January 7, 2013, http://www.kipa.co.il/
now/50488.html (May 6, 2013).
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supervision and restrictions on Jewish visitors to the Mount, acting primarily through
the legal arena. The Temple Mount Faithful and Human Rights on Temple Mount have
also used this approach, submitting appeals to the High Court of Justice against police
restrictions.
Temple Mount Faithful Chairman Gershon Salomon was denied entry to the Mount after
the riots that broke out in 1990 following his attempt to lay “the cornerstone of the
Temple”. In response to his petition, the High Court of Justice (HJC) ruled:
“We were convinced that the assessment by the respondents and the other security
officials is worthy and current and indicates that they are not speaking of an abstract
or distant threat to public safety but a real and immediate danger; and that if the
restrictions and prohibitions that are the subject of this petition were not imposed,
there could be a severe violation of public security that could cost lives.”151
Another individual denied access to the Mount is Yehuda Glick, head of Human Rights
on Temple Mount.152 Glick, too, petitioned the High Court. The ruling on his case
stated:
“The petitioner admitted in a conversation with a police officer in the David zone
that his long-term goal is to change the status quo on the Temple Mount and to
that end he places publications in the media that invite the public to participate in
mass prayers on Temple Mount. Police believe that the petitioner’s ascent to the
Temple Mount under these circumstances could with near certainty lead to a grave
violation of public peace and public order."153
The HCJ nonetheless suggested a compromise between Glick and the Police. According to
the proposed compromise, the Police would allow Glick to ascend the Mount if he signed
a commitment to avoid violating the visitation terms that apply to the Mount and to cease
publications Police claim to “mislead the public and cause deep tension among the Muslim
public concerning the issue of Jewish visits to the Temple Mount”. Until recently, Police
prevented Glick from ascending the Mount.
In an interview given to Yizhar Be’er of Keshev on May 7, 2012 Glick said:
“One of the things I found out is that the Police force is the most powerful body.
Nisso Shacham [Commander of the Jerusalem District] told the Knesset speaker
that I am the most dangerous man in the Middle East. Yosef Elboim has been
banished for a year and a half already. Eighteen members of Knesset said they are
willing to sign bail so that he can ascend the Mount with his daughter. He has been
151 Ruling on the petition by the Temple Mount Faithful against the Israel Police, December 11, 2007
152 Shalom Yerushalmi, “Temple Mount is in their hands: who is really agitating the atmosphere in Jerusalem?”,
Maariv nrg, March 11, 2012.
153 HCJ Glick v Israel Police, ruling from May 5, 2009
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active for 40 years and he hasn’t killed a fly. Nisso Shacham answered, ‘Over my
dead body!’”154
Before elections for the 19th Knesset, Glick was appointed to write the Likud position on
Temple Mount.
b enforcing restrictions on visitors to the temple Mount/Haram al-sharif: When groups
of Jews from the Temple movements ascend the Mount, police try to prevent them from
performing activities that could be perceived as provocative or as threatening to existing
arrangements on the Mount. As part of these arrangements, only Muslims have worship
rights at the site and members of other religions do not have permission to perform ritual
ceremonies such as prayers, prostrations and sacrificial rites.
To prevent attempts by Temple movement activists to perform religious rites, the Police
attach a police detail to every group of activists that ascends the Mount. If the group
attempts to violate the rules, the Police remove the suspects from the Mount. In the past,
additional restrictions were placed on group size and other criteria. Before 2000, Jewish
visitors entered the Mount in pairs or groups of three and until the first group left, the next
was not permitted to enter.155 Today those restrictions no longer apply.
In November 2011, uniformed soldiers were photographed entering the Mount with
Police permission. The pictures agitated the Muslim community and were reported by
the Palestinian press as an example of Israel violating arrangements on the Mount.156 In an
interview with Yizhar Be’er, Rabbi Yehuda Glick claimed that permission to allow visits by
uniformed soldiers was given following political pressure from the Knesset:
“Indeed, some things have changed: for example, until a few years ago, soldiers did
not ascend the Mount in uniform and today, since three months ago, soldiers go
in in groups, in uniform. We raised it in the Knesset and Knesset members Danny
Danon, Tzipi Hotovely, Arieh Eldad and Ze’ev Elkin pressured the Police and they
allowed it.”157
154 In the same interview Glick said: "I do not deny the fact that I am working to change the status quo on
theTemple Mount. It is part of democracy. I want instead of the 10,000 who ascend the Mount today for there
to be 100,000 or more. I want the Western Wall plaza to be canceled, which somehow became sacred 300
years ago. I want every Jew to ascend the Temple Mount. The Temple Mount complex should reflect freedom
of worship and every Jew who does not violate the sanctity of the Islamic sites should receive the freedom of
worship he deserves…As for building the Temple, there is a commandment to build the Temple but in my
understanding of the commandment, it is not directed to a private individual. Just like the state could not be
built by a single person, neither Ben Gurion nor anyone else. Building the Temple is a commandment for the
people. We must raise awareness so the people decide to build the Temple and until then it would be wrong
for anyone to decide to do it himself, even if his name is Yehuda Etzion."
155 Avi Ruif, Commander of the David region of the Israel Police, in testimony to the Knesset Internal Committee
on "police policy concerning Jewish visits to Temple Mount", March 29, 2011.
156 The photograph, by the Al-Aqsa Fund, appeared on the pls48.net website on November 7, 2012, in an
article by Mahmoud Abu Ata entitled: "Study: the occupation is trying to force daily Jewish presence as an
established fact", http://www.pls48.net/?mod=articles&ID=1146923 (May 6, 2013).
157 Yizhar Be’er interview with Yehudah Glick, May 7, 2012
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In recent years, the Islamic press has frequently reported on groups of uniformed Israeli
soldiers entering as tourists and touring the Mount complex. Such acts are seen as an Israeli
provocation and an attempt to change the arrangements in force on the Mount, according
to which Israeli security forces are allowed to enter the complex only to protect order
and security. On August 28, the Al-Aqsa Institute of Waqf and Heritage issued an official
statement accusing Israel of violating the sanctity of the Al-Aqsa Mosque by allowing the
very presence of non-Muslims at the site. According to the statement:
“About 100 soldiers of the occupation army, intelligence and settlers broke into the
Al-Aqsa Mosque and polluted it in the morning and afternoon...the mosque was
also polluted by a thousand foreign tourists who entered in inappropriate attire and
behaved in such a way that violated the sanctity of the site, with the encouragement
of the occupation arms and under its protection.”
The statement quoted eyewitnesses who reported that the soldiers were briefed by a
police officer and that “settlers” were reading holy books.158
158 Dalit Halevy, arutz sheva, August 28, 2012.
Pictures of groups of pilgrims, rabbis and soldiers in uniform, published on Arab websites
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c intelligence and Prevention: A number of past attempts by groups of Jewish terrorists
to carry out attacks on Temple Mount/Haram al-Sharif have been thwarted—some by the
Police and security forces and others by Muslim Waqf guards. These are the most famous
cases:
1970s: The “Gal” underground, a group of 45 activists headed by Yoel Lerner, planned a
series of 13 terrorist attacks intended to culminate in explosion of the Islamic shrines on the
Mount. Lerner was sentenced to three years in prison and released a year later. Following
his release, Lerner became an accomplice in another plot to blow up the mosques.159
1980s: In April 1982, a new immigrant from the U.S. by the name of Allen Goodman
opened fire in the Temple Mount/Haram al-Sharif complex with an M16, killing one
Muslim worshiper and injuring three. During his trial, Goodman informed the Court
that he hoped to “liberate” the Mount and become king of the Jews.160 In 1983, an
activist from the “Lifta Gang” who had managed to climb up the wall of the Mount
complex with a powerful TNT bomb in his knapsack was captured. Gang members were
captured and tried but found not to be responsible for their actions and subsequently
hospitalized in psychiatric institutions. They were released several years later.161
the Jewish underground: The most famous terrorist plot was hatched by members of
the “Jewish Underground”: Yehuda Etzion, Menachem Livni and Yeshua Ben Sasson. Their
plan—ultimately unfulfilled—was to blow up the Dome of the Rock. Members of the “Jewish
Underground” were not merely “bad apples” but the cream of national religious society who had
consulted with leading rabbis such as Dov Lior and Moshe Levinger in developing their plan.162
1990—today: Since the 1990s, Temple movements’ activities have ratcheted into high
gear though today the focus is more limited to educational activities or group visits to
the Mount coordinated with the Police. According to the model used above to outline
motives of various Temple movement activists, it is evident that leadership has turned
away from radical, violent actions to provoke a sudden reversal of public opinion to
embracing a gradual change of public opinion through education. However, ascents to
the Mount and attempts to pray on it continue despite the Police ban in effect and are,
in fact, increasing.
159 Shragai, 85-91.
160 Gorenberg, Temple128.
161 A series of articles by Yizhar Be’er in Kol Ha’ir ("The Messiah from Lifta”, March 9, 1984; “The Lifta gang, a
profile", March 9, 1984; "The Lifta failure", April 13, 1984; "The Lifta trial", December 28, 1984; "A nest of vipers",
January 18, 1985), as well as Shragai, 91-96.
162 See book by underground member Haggai Segal, 74, 108-109.
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In the Jewish Underground sentence delivered in 1985, Judge Zvi Cohen describes
the danger to Israel and the region from terror attacks of the nature planned by the
Underground: “The plot to destroy the Dome of the Rock out of religious motives
means opening a new account with more than 300 million Muslims around the
world [today that number is more than 1 billion, Yizhar Be’er], in addition to the
bloody account that already exists between the Jewish nation and the Arab nation,
and is not too far off from the danger of a worldwide conflagration. This plot forces
the Jewish people to pay the price of the longing of those who wish to realize the
vision of the Kingdom of Israel and endangers the entire nation.”
law enfoRcemenT in cases of inciTemenT anD Racism
The Police act vigorously to ensure the maintenance of the existing status quo on the
Temple Mount/Haram al-Sharif and are aware of the highly explosive potential of the
Temple movements’ activities. They monitor leading Temple activists and deny their entry
to the Mount. In many cases, the Police prevent friction between Temple activists and
Muslim worshipers and forbid ritual ceremonies around the Mount complex and Jewish
prayer on the Mount. In fact, Temple movement activists often complain about their unfair
treatment at the hands of the Police.
One police action that was heavily criticized by the public was an order to forbid girls from
the “Lehava” group of the Bnei Akiva movement to wave signs declaring “Temple Mount is
in Our Hands.” The signs were intended to protest repairs being made by the Muslim Waqf
on the Mount.163 They were banned by the Police on the grounds that they constituted a
potential incitement to violence.
Outside the boundaries of the Mount, the movements are responsible for blatant expressions
of incitement, racism and calls for violence that test the limits of what is legally tolerable.
One film that can be seen on the Internet shows the Temple Mount erupting in flames after
airplanes bomb the Dome of the Rock and the Church of All Nations (on the slopes of Mount
of Olives). Out of the fire and smoke appears the Temple. The aforesaid scene, distributed
with the claim “The film that has stirred up the Left”, has been running for more than a year
on the Haredi website Kikar Hashabat and other sites without intervention from authorities.164
Calls to vandalize Islamic sites on the Mount or to remove them entirely are not unusual.165
There are even cases of politicians (who enjoy immunity from prosecution) making statements
163 Kobi Nachshoni, “Police: ‘Temple Mount is in our hands’ is incitement", ynet news, August 12, 2012, http://
www.ynet.co.il/articles/0,7340,L-4267483,00.html (May 6, 2013).
164 Kikar Hashabat, http://www.kikarhashabat.co.il/%D7%94%D7%A8-
%D7%94%D7%91%D7%99%D7%AA-4.html (May 6, 2013).
165 the Har Habayit shelanu, May 14, 2010.
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of this nature. For example, as a member of Knesset, Arieh Eldad stated: “When the time
comes to build the Temple, and it will come soon, we will saw down the building standing
there today. We will saw it and they can take it wherever they want, because that is where
the Third Temple should stand.”166 In the spirit of Eldad’s words, the website Temple Mount
News displays a visual depiction of the removal of the Dome of the Rock:167
An announcement of a demonstration by the Temple Mount Faithful states: “A large group
of Temple Mount and Land of Israel Faithful will ascend Temple Mount in holiness and
purity by all the rules of Halacha, and swear allegiance to building the Temple on the ruins
of the temporary mosques standing on Temple Mount, in the life of this generation.”168
Without addressing the legality of these publications, the picture that emerges is one of
increasing radicalization, whether seen in the activities of the Temple movements or in the
behavior of the public officials who support them.
166 Arik Bender, “MK Eldad: We will saw the dome of the rock on Temple Mount",Maariv nrg, July 29, 2012,
http://www.nrg.co.il/online/1/ART2/390/465.html (May 6, 2013).
167 temple Mount news: http://the--Temple.blogspot.co.il/2012/07/blog-post_8655.html (May 6, 2013).
168 Shlomo Yadid, Har Habayit shelanu, October 13, 2011.
5The text in the arrow reads “Saudi Arabia”. Source: Temple Mount News website
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pRomoTional maTeRials ReleaseD aheaD of moshe
feiglin’s ascenT of The mounT: a TesT case
The Har Habayit Shelanu website reports
on Jewish ascents to the Mount. Below is an
example of a publication that contributed
to the outbreak of contained violent clashes
around the Temple Mount/Haram al-Sharif.
The incident in question occurred after
elections for Likud leadership in February
2012 when it was announced that Moshe
Feiglin, head of the Jewish Leadership
faction of Likud, planned to ascend the
Mount and celebrate his electoral success.
On February 11, 2012, the Har Habayit
Shelanu website published an invitation to
the public to join Moshe Feiglin’s ascent
to the Mount (see photo). The invitation
presented Feiglin as “Chairman of the
Likud leadership”, who would ascend with
“thousands of Likud members” in order to “purify the site from Israel’s land thieving
enemies and build the Temple on the ruins of the mosques.”
In response to the notice, the Al-Aqsa Institute for Waqf and Heritage called on
the public to defend the holy sites at Al Aqsa and encouraged Muslims around
the world to take responsibility in the face of the planned Israeli action. That day,
Keshev and Ir Amim sent an urgent appeal to Prime Minister Benjamin Netanyahu,
calling on him to “stop the attempt to set the Middle East on fire and prevent the
ascent of Likud activists to Temple Mount/Haram al-Sharif.”169
In the end, Moshe Feiglin came to the Western Wall Plaza with less than 20
supporters. The Israel Police closed off the Mount to visitors, fearing a potential
conflagration. Though Feiglin and his supporters were not allowed entrance to the
Mount, tensions had already been fanned, ending only with a violent demonstration.
The director of Keshev and a researcher who observed from the Western Wall Plaza
heard the cries of hundreds of Muslims who gathered on the Mount in anticipation
of Feiglin’s ascent. In prayers the following Friday, the preacher called on Muslims
to ascend the Mount on Sunday morning to demonstrate. On that Sunday morning,
169 The text of the letter appears here: http://www.keshev.org.il/press-releases/keshev-ir-amimfeiglin-
on-Temple-Mount.html (May 6, 2013).
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Palestinian youths attacked police with stones, chairs, dishes and sticks. Police forces
stormed the Mount and arrested three Palestinians.170
A week later, on Friday, February 24, 2012, hundreds of Palestinians barricaded
themselves on the Mount and threw stones at police forces. Eleven police were
slightly injured by stones and four Palestinians were arrested. The riots spread to
other sites, including a demonstration at the Qalandia checkpoint where 25-yearold
Palestinian Talat Ramiya was shot in the chest and killed by IDF soldiers claiming
he had fired a flare at them. Dozens of Palestinians clashed with IDF soldiers at
Ramiya’s funeral until they were dispersed with tear gas.171
The commander of the Jerusalem Police District at the time, Commander Nisso
Shacham, claimed that the Har Habayit Shelanu website was operated by Yehuda
Glick and Nechemia Elboim.172 Police raided a secret apartment in Ramot and
arrested Elboim and his wife Dvora for questioning on suspicion of incitement and
sedition. Glick and Elboim denied any connection with the website.173 Although
no new content was uploaded on the site, the website remained active. The next
ascent to the Mount was announced by the Movement for Temple Renewal in
flyers distributed throughout Jerusalem that said “We did not publish through the
Internet, the media or email because of harassment.”174
Three years before these events, Minister of Domestic Security Yitzhak Aharonovitz
said the following in the Knesset:
“On October 22, 2009, right wing websites issued a call for Jews to ascend the
Temple Mount on Sunday to commemorate Maimonides’ ascent of the Temple
Mount. As a result, officials in the Palestinian Authority and the northern faction
of the Islamic movement published a response calling on the public to defend the
Temple Mount and to stand up to the Jewish storming of the Temple Mount. Over
the last weekend, we received intelligence of people collecting stones and iron
bars—you saw the pictures on TV—and bringing them into the Al-Aqsa Mosque.
In a telephone assessment the chief commissioner held with me and the district
commander, we decided to open the Temple Mount the next day to the public
and to deploy forces in case riots broke out.
170 Moshe Nussbaum, "Watch: violent clashes on Temple Mount", channel 2 news, February 19,
2012.
171 yisrael Hayom, February 26, 2012.
172 Yerushalmi, “Temple Mount is in their hands: who is really agitating the atmosphere in
Jerusalem?”
173 According to the Commander of the Jerusalem District, in an interview with Yizhar Be’er on May
7, 2012. See also Shalom Yerushalmi, “Temple Mount is in their hands: who is really agitating the
atmosphere in Jerusalem?”, Maariv nrg, March 11, 2012.
174 The Keshev office has a copy of the original poster.
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On Sunday at 7:30 AM, when the Mughrabi Gate opened, before the daily entry
of visitors, we heard cries of ‘Allahu Akbar’ from within the Temple Mount and
saw many youths standing at the gate and in the Al-Aqsa Mosque plaza, some of
them masked. A Temple Mount patrol crew was attacked with stones, bottles and
firebombs by dozens of youths. Several police were hurt and in response, orders
were given to pour in forces and to stop, push away the rioters. About 100 Muslim
youths barricaded themselves inside the Al-Aqsa Mosque, continued to throw stones
and threw chairs from inside the mosque at police. During the event, the incitement
on the Arab media continued, calling on Muslims to come to the Temple Mount.”175
The Minister of Domestic Security did not specify the “right wing website” to
which he was referring but on the date he noted—October 22—the Har Habayit
Shelanu website published a call to ascend the Temple Mount to commemorate
“Maimonides’ ascent.”
175 The Israel Knesset plenary, 64th sess., October 28, 2009.
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concLusion anD
recoMMenDations
This report does not address the historical and religious ties of Jews to the Temple Mount/
Haram al-Sharif. Our intention is not to contest them. Neither does the report address
the questions of whether from a religiously Jewish vantage point there is a role for the
Temple in daily life, or whether Jews are obliged to take action to rebuild it or should
hope that it will be reestablished by heavenly forces. Such questions belong in a theological
framework.
This report describes the modes of action of the Temple movements, the variety of their
activities and the wide cooperation the movement enjoys from the government and the
political establishment. Our findings show a dramatic increase in the number and influence
of organizations that covers the spectrum from raising contemporary consciousness of
the role of the Temple to actively aiming at its reestablishment on the Temple Mount/
Haram al-Sharif. Twenty years ago these organizations were on the radical fringes of the
political and religious map but since 2000 they have attained a respectable position within
the mainstream of the political and religious right and have benefited from close ties with
the authorities of the State of Israel. There is a correlation between the escalation of the
Israeli-Palestinian conflict on the Temple Mount/Haram al-Sharif and around it since 2000
and a parallel increase in the activity of Temple organizations. Although the various Temple
organizations may have differing goals and varying impacts, a common denominator of
religious and nationalist messianism distinguishes the movement as a whole. Religion has
becomes a tool for realizing extreme national goals at a site that is a focal point of political
and religious tension.
Though this report does not explore historical and theological issues or Muslim activity on
the Mount, it is important to note that in the political sphere there is mutual, reinforcing
feedback between the activities of extremists on both sides: the Temple movements
empower themselves by quoting Muslims and Palestinians who deny the Jewish connection
to the site, while Islamic movements emphasize threats that Temple organizations pose to
the mosques in order to mobilize their own support. It is precisely for this reason that the
backing the Israeli government provides for Temple organizations seems to corroborate
the claim that the State of Israel is planning to harm the Islamic holy sites, thus providing
reinforcement for a pan-Islamic component in a conflict that is essentially national.
At the end of March 2013, King Abdullah II and Palestinian President Mahmoud Abbas
signed an agreement that reemphasized the King's role as defender of the Holy Sites
in Jerusalem in general and of Haram al-Sharif in particular, and in which the Palestinian
Authority recognized the role of Jordan as Custodian of these sites. Jordan took it upon
itself to safeguard the religious character and identity of the sites. Imposing changes on the
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arrangements for worship or regulations of visits to the Temple Mount/Haram al-Sharif is
liable to lead Israel into confrontation with the Kingdom of Jordan and to endanger its peace
treaty with it.
Most of the Temple movements operate within the boundaries of the law and their activities
cannot be banned so long as they are legal and pose no demonstrable threat to public
security. However, more than a few organizations walk the thin line between freedom of
speech and incitement. It is imperative to closely monitor any attempt to cross the line
that divides legitimate religious yearning and the expression of historic bonds from actions
which endanger public safety and explicitly incite against the Islamic holy sites on the Mount.
Although freedom of speech may permit Temple organizations and extremist politicians to
call on the government to impose by force arrangements of worship favoring Jews on the
Temple Mount/Haram al-Sharif—with potentially cataclysmic results for the entire region—
the public legitimacy of such demands in a democratic country is doubtful.
Freedom of speech is based on the principle that governments and governmental power may
not be used to restrict the exchange of opinions and ideas. But refraining from restrictions
on speech does not imply governmental support for such ideas. Governmental support for
such opinions and ideas makes them a matter of public policy. Such support can be judged
by its broad public consequences, and it can therefore be curtailed. It is the responsibility of
the Israeli government to prevent any attempt to change by force the existing arrangements
for worship on the Temple Mount/Haram al-Sharif and the Moslem shrines. It must do
so above all because it has a duty to protect the site and its monuments for its Muslim
worshippers, and not merely because it fears a possible violent Arab and Muslim backlash.
And above all, the government must unequivocally condemn ideas and proposals that
encourage violation of Muslim rights of worship and religious feelings.
This report demonstrates that the Temple movements enjoy widespread institutional and
governmental support. Governmental bodies and political figures at Israel’s centers of power
support the activity of the Temple movements in a variety of ways. Their possible motivations
range from whole-hearted identification with the movements’ aims to cynical indifference
to the dangerous, extremist dimensions of Temple activities in order to garner political
support. The political establishment funds—directly and indirectly—some of the Temple
organizations' activities. Particularly noteworthy is the role of the Ministry of Education,
which not only funds Temple organizations but aids them in disseminating their ideas
through the educational system. The report also shows that senior politicians from the heart
of the establishment, rabbis who serve in public offices, officials in the Ministry of Education
and educators provide sponsorship for the Temple movements and help to promote their
message. At times these ideas only test the boundaries of what is democratically tolerable;
at others, they constitute undisguised incitement against the Islamic shrines on the Temple
Mount/Haram al-Sharif. We protest that in these circumstances there is a distinct danger
that state bodies and politicians may support illegitimate and even illegal activities of one
or the other Temple organizations and may find themselves responsible, indirectly, for the
severe ramifications such activities may have on the security of Israel and the lives of Jews
and non-Jews in the region and throughout the world.
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we recommend that the israeli establishment take the following measures regarding the
temple organizations:
1. equal law enforcement: Against expressions of incitement and racism the spirit of the
law and not only the letter of the law must be enforced. Likewise, the authorities must
enforce the Holy Site Law, which protects the religious sentiments of members of
all religions towards their holy sites. Appropriate enforcement of the law (especially
against ideological crimes) would strengthen and emphasize the sovereignty and
legitimacy of the legal system and of equality before it. Educators and rabbis have
greater responsibility in this respect as public leaders. Investigative and prosecutorial
authorities must treat seriously and take action against rabbis, public leaders and activists
of the Temple movements who incite to harm Islamic shrines on the Temple Mount/
Haram al-Sharif. The political establishment must encourage the vigilance of police and
security services charged with monitoring extremist activists. Politicians must give the
Police public support and refrain from supporting these organizations by putting political
pressure on the Police.
2. supervision of educational content: The Education Ministry, government bodies and
non-governmental organizations that transfer funds to Temple organizations should
rigorously monitor the educational messages transmitted by these organizations and
condition transfer of funds to the organizations on their ability to continue to monitor
their messages. It should be ascertained that students will be presented with diverse
historical perspectives and halachic positions concerning the possibility of entering
the Temple Mount/Haram al-Sharif and the possibility of rebuilding the Temple. The
establishment in general—and educational institutions and the IDF in particular—must
immediately sever any form of collaboration with Temple organizations which call for
unilateral change of the status quo on the Temple Mount/Haram al-Sharif and which
promote actions to build the Temple on the ruins of Al-Aqsa and the Dome of the
Rock.
3. cooperation with international parties in the supervision of Jerusalem’s holy sites:
In the absence of a political settlement in the region, the national and interreligious
tensions on Temple Mount/Haram al-Sharif place a tremendous burden of responsibility
on the Israeli government. Any attempt to harm the Islamic shrines on the Mount could
deteriorate into regional violence. The responsibility for this will be placed on Israel,
which at present has effective control of the Temple Mount/Haram al-Sharif. These risks
and tensions could be reduced if Israel were to share its responsibility with international
bodies. Dialogue initiated by Jordan with the Prime Minister’s Office has prevented
several entanglements. This relationship should be cultivated and institutionalized.
Likewise, dialogue with the Waqf and the Palestinian Authority should be cultivated.
4. commitment from israel’s senior leadership and chief rabbis not to impose any
change in current worship arrangements on the temple Mount/Haram al-sharif: The
call to use governmental power, without consent, to change arrangements of worship
or to harm the mosques on the Temple Mount/Haram al-Sharif has no place within
a system of democratic government and threatens public peace. Leaders and rabbis
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should decline to give public, financial or any other form of support to such demands,
directly or indirectly. They must also express their disapproval of them publicly and
decisively, and commit themselves to public opposition of such dangerous tendencies.
5. Precautions required of politicians: The Temple organizations are likely to interpret the
political support they receive as a green light to engage in prohibited activity. Moreover,
they may regard such support by the political leadership as sympathy for their worldview
and for their plans to impose unilateral change of the prayer arrangements on the
Temple Mount/Haram al-Sharif or, even worse, for intentions to harm the Islamic shrines
on the Mount. We call on politicians and public figures to condition their support for
any of these organizations and the actions of their membership on guarantees that their
messages remain both within the framework of the law and also within the spirit of the
law and democracy. Moreover, the nation’s elected officials and leaders must act against
ideas and actions that could undermine democracy, freedom of religion and the safety
of all the population. They must not turn a blind eye or fall silent out of fear of political
retribution, tacitly allowing extremists to steer them and the country to disaster.
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reactions
Responses of poliTical insTiTuTions ciTeD in This RepoRT
inTeRioR minisTRy
“The Interior Ministry is not responsible for the holy sites and the Temple Mount. We
suggest asking the Ministry of Religious Affairs, the Jerusalem Municipality and the Prime
Minister’s Office.”
The minisTRy of eDucaTion
The Ministry of Education responded: "UNSCO Israel has no direct contact to the issues
raised in the report."
The kaRev eDucaTional pRogRam
"The activity in the Chabad School in Safed was part of the Karev Program’s art classes.
The teacher was accompanied by an art supervisor, participated in enrichment classes and
taught based on a program agreed upon between the school and the art department. In
many cases, the art classes reinforce a school's study content. In the Arutz Sheva report, the
reconstruction of the Temple relates to the historic Temple of the past, without reference
to the future and without a current political context. It is important to clarify that the choice
of content in Haredi schools is, naturally, in accordance with their worldview. Following Ir
Amim's inquiry, we will re-examine the study content."
the following parties chose not to respond to ir amim’s and Keshev’s request to comment
on the contents of this report:
• The Prime Minister’s Office
• The Israel Security Agency (Shabak)
• The Defense Ministry
• The Israeli Police
• The Jerusalem Municipality
• The Unit for International Agreements in the Justice Ministry
• The Ministry of Religious Services
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Ir Amim (“City of Nations” or “City
of Peoples”) focuses on Jerusalem
within the context of the Israeli-
Palestinian conflict. Ir Amim seeks to
render Jerusalem a more equitable
and sustainable city for the Israelis and
Palestinians who share it. Ir Amim
envisions a city that ensures the dignity
and welfare of all its residents and that
safeguards their holy places, as well as
their historical and cultural heritages—
today, as well as in the future. Ir Amim
aspires to a sustainable political future
for Jerusalem, achievable only through
a negotiated process between Israel
and the Palestinians.
Ir Amim was founded in 2000,
and became active as a non-profit
organization in 2004.
Keshev - The Center for Protection of
Democracy in Israel was established by
a group of concerned citizens following
the assassination of Prime Minister
Yitzhak Rabin in order to defend and
promote democratic values in Israel.
Since 2005 Keshev has been carrying
out a long-term media monitoring
project, which aims to change patterns
of discourse and media coverage in
the region. Keshev is not affiliated with
any political party and is supported by
contributions alone.
Dangerous Liaison
March 1, 2013
The Dynamics of The Rise
of The Temple movemenTs
anD TheiR implicaTions
Ir Amim
27 King George St., P.O. Box 2239
Jerusalem 94581
Telephone: 972-2-6222858
Fax: 972-2-6233696
www.ir-amim.org.il | [email protected]
Keshev
Address: P.O.B 8005, Jerusalem 91080
Phone number: 972-50-5317531
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David’s Tomb on Mt. Zion
Contents
Introduction...........................................................................………… 2
Traditions and Religious Worship at the Compound………….. ………… 3
Archaeological Excavations and Conservation Activity………. ………….6
Destruction of the Tiles in the Tomb Chamber……………………………… 8
Chamber of the Last Supper (Coenaculum)……………………….. ………….12
UNESCO and Mt. Zion……………………………………………………….. ………….14
The Political Significance of the Struggle on the Tomb Compound… 14
Conclusions and Recommendations………………………………….. ………….16
© Emek Shaveh (cc) April 2014
Writing and research: Yonathan Mizrachi and Anna Veeder
Editing: Dalia Tessler
Translation: Jessica Bonn
Photographs: Emek Shaveh
This publication has been co-funded by the Royal Norwegian Embassy in Tel Aviv, The Swiss Federal
Department of Foreign Affairs (FDFA) and Cordaid. The opinions expressed in the publication “David's
Tomb on Mt. Zion” are the sole responsibility of Emek Shaveh (cc) and can under no circumstances be
regarded as reflecting the position of the co-funders.
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Introduction
In January 2013, the tiles that decorated the walls of David’s Tomb were
methodically destroyed in an act of vandalism. The tiles were the remnants of a
unique decoration from the 17th century – the Ottoman Period. The destruction was
carried out with the goal of removing any Muslim element and strengthening the
Jewish face of David’s Tomb. The inter-religious tension at David’s Tomb, and use of
vandalism of the antiquities as an expression of this tension, did not begin with the
destructive act in January 2013. Over the past decade, there has been a noticeable
rise in tension between Jewish visitors and residents of Mt. Zion vis-à-vis Christians
and Muslims there.
The compound known as “David’s Tomb” is located on Mt. Zion, southwest of the
Zion Gate, and outside the wall of Jerusalem’s Old City. The tomb chamber is on the
bottom floor of a two-story structure; the second story is identified in Christian
tradition as the Coenaculum, the room where the Last Supper took place. Since
1949, Mt. Zion and the tomb chamber have been located inside the Green Line, and
they are part of Israeli territory. The ground floor features a foyer, and the room
housing the tomb, which contains an enshrouded sarcophagus. On the second floor
is the Coenaculum, a large, long room with pillars that support a vaulted ceiling. Each
floor has a separate entrance. While David’s Tomb is administered by the Ministry of
Religions as a religious site, the Coenaculum is administered by the Ministry of the
Interior, and prayer is forbidden there.1 Most of the spaces around the tomb are
maintained by the Diaspora Yeshiva. Adjacent to the compound is the ancient
Muslim cemetery of the Dajani family and the Sephardic synagogue. Next to the
entrance to the compound on the northern side are the Dormition Abbey and the
Benedictine Monastery, which belong to the Catholic Church.
1 S. Puni, “Renovating David’s Tomb", ynet, December 25, 2010
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View towards the David’s Tomb Compound and the Muslim Cemetery
Traditions and Religious Worship at the Compound
The Tomb building is identified in Jewish, Christian and Muslim culture as the tomb
of King David. The first testimony identifying the compound as David’s tomb is
associated with the 10th-century Jerusalem Muslim geographer al-Muqaddasi, but it
can be assumed that this tradition is Christian in origin.2 According to historical
sources, during the Byzantine and Early Arab Periods the tomb compound was part
of the Hagia Sion Church, (Holy Zion Church), destroyed in 1099. In addition, already
in the fourth century it was associated with the tradition of Jesus’ Last Supper with
his disciples.3 The first testimony from a Jewish source identifying the structure as
David’s Tomb was recorded by Benjamin of Tudela in the mid-12th century. At the
beginning of the 12th century, Crusaders began building the new church “Our Lady of
2 E. Reiner, “The Place Where there was an Oak Casket Until the House was built – History of of the
Tradition of a Zionist Mountain,” New Findings in the History of Jerusalem and Environs, [Hebrew], vol
3, 2009, 49-56.
3 http://www.bibarch.com/archaeologicalsites/cenacle.htm
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Mt. Zion” on the ruins; the church included David’s Tomb, and above it, a room
identified as the room where the last supper was held. Following conflicts between
Jews and Christians over ownership of the place, the Ottoman Sultan decided in
1548 that the entire mountain was Muslim sacred property, and the site was
transferred to the management of Sheikh al-Dajani. The structure was turned into a
mosque, and a minaret was added. During this period, the Muslim connection to the
place gained hold. During the British Mandate Period, the rights of members of all
religions were upheld to visit and worship at their respective holy places. David’s
Tomb was defined as a Muslim holy site. In keeping with practice during the
Ottoman Period, Christians were permitted to enter the Coenaculum but not to pray
there, and Jews were allowed to pray there just once a year, and even then, only if
the political situation allowed.4
After the war in 1948, David’s Tomb was the only Jewish holy site remaining on the
western side of the city. The tomb’s location and its view from the roof of the
Western Wall and the Mount of Olives have turned it into a pilgrimage site for
masses of Jews and tourists. The government institutions, mainly the Ministry of
Religion, have initiated activity there, emphasizing its religious value. This trend
continues to this day. The room containing the tomb today mainly attracts Jewish
national-religious youth, and groups ideologically close to the settlers, known as
“hilltop youth,” as well as ultra-Orthodox Jews who come to pray there regularly.
According to the Ministry of Tourism, hundreds and even thousands visit the
compound daily.5 The claims that David’s Tomb is located, according to the Bible, in
the City of David (i.e. the southeastern hill, today the location of the Village of
Silwan) do not detract from the sacred status of the site. David’s Tomb is a clear
example of the phenomenon whereby a religious tradition, with the support of the
political establishment, is stronger than historical-archaeological research in
determining a place’s narrative and identity.
4 D. Bar, “Shifts in the Religious-Political Reality in Jerusalem after 1948: The Case of Mt. Zion, David’s
Tomb, and the Coenaculum,” [Hebrew], Ofaqim Be-Geographiyah 52 (2000), 5-18.
5 A. Rosenblum, “Conservation Works at the David’s Tomb Compound,” [Hebrew] Devar Avar, July
2013, 18-21.
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Synagogue in front of the entrance to David’s Tomb
David’s Tomb
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Archaeological Excavations and Conservation Activity
Due to the sanctity of the place and the interreligious tension, the site of the tomb
has barely been excavated. The structure was first documented in 1859 by Ermete
Pierotti, an Italian engineer, who claimed that he found a cavern beneath the
cemetery on the western part of Mt. Zion, which led below the tomb compound.6
Pierotti believed that the cavern was the true site of David’s Tomb, carved out in the
rock. In 1951 a brief excavation was carried out there by Yaakov Pinkerfeld, but the
results were never published.7 Pinkerfeld believed that the original structure is a
synagogue from the 1st c CE, due to the depression discovered there (apparently, he
presumed, for placing a Torah scroll) and the direction the building faces (not
towards the east, like churches, but towards the Temple Mount). This theory drew
great interest, and attempts were made to identify the structure as a synagogue or a
Jewish-Christian church, which would have strengthened the Christian ties to the
place.8 These theories have been strongly critiqued by various archaeologists, who
claim that they lack evidence in the form of on-site archaeological findings.
Moreover, the little evidence that is available refutes identification of the compound
as an ancient synagogue.9
In excavations conducted near David’s Tomb, a few remains of structures from the
Byzantine period were unearthed, and it was further discovered that later, the
Crusader Church incorporated within it the remains of the ancient churches. In 2011,
a limited exploratory excavation was conducted in the courtyard of the Franciscan
cloister by A. Re’em, on behalf of the Antiquities Authority. The excavator identified
the remains of a wall and installations that probably date to the Roman-Byzantine
period, and later through the Crusader and Ottoman Periods.10 All of the
archaeological excavations in the compound were limited in area and scope, and
6 A. Re’em, “David’s Tomb at Mt. Zion,” [Hebrew], Hiddushim B-Archiologiyah shel Yerushalayim ve-
Sevivoteihah, vol. 7, 2013, 221-242.
7 http://www.bibarch.com/ArchaeologicalSites/j__pinkerfeld.htm
8 See, for example, B. . Pixner "Church of the Apostles Found on Mt. Zion", Biblical Archaeology
Review 16.3 (May/June 1990) p. 16-35, 60
9 H. Geva, "Searching for Roman Jerusalem", Biblical Archaeology Review 23.6 1997, 34-45, 72-73,
10 A. Re'em, "Yerushalayim, Har Zion," Hadashot Archeologiyot, vol. 124, 2012.
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therefore, it is difficult to reconstruct the history of the site and its character based
on archaeological research. Among researchers, opinion is divided as to whether the
structure extant today originated in the Late Roman (2-4 c. CE), Byzantine (4-7 c. CE),
Crusader a (12-13 c. CE) or Mamluk or Ottoman (14-16 c.) periods. Identification of
the place as a synagogue or Jewish-Christian church indicates mainly the great power
of religious tradition to shape the narrative of a holy site, while ignoring the actual
findings.11
In 2007, the Diaspora Yeshiva began construction work at the site, which threatened
to lead to the collapse of southern wing of the structure. The construction was
halted and following this, the Jerusalem Development Authority decided to integrate
the David’s Tomb compound with the Israeli government’s Old City project. The
work was carried out by the Antiquities Authority and the National Center for the
Development of Holy Sites under the auspices of the Ministry of Tourism. As part of
the conservation work, the rooms of the historical inn at the southern part of the
compound were restored, as were the central courtyard and corridor to the
northern entrance, the vaulted hall and the Coenaculum.12 The conservation work
was concluded during 2013. The conservation department at the Antiquities
Authority in this case invested a few years of work and received funding on the order
of millions of shekels.13
11 S. Puni, “Renovating David’s Tomb", ynet, December 25, 2010
12A. Rosenblum, “Conservation Works at the David’s Tomb Compound,” [Hebrew] Devar Avar, July
2013, 18-21.
13 Based on an announcement of the Antiquities Authority and estimate of the scope of work and
staff (five laborers and two conservation directors +materials).
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Entrance to David’s Tomb from the “Women’s Section”
Destruction of the Tiles in the Tomb Chamber
The conservation work included conservation and reconstruction of the Ottoman
tiles from the 17th century, which covered a portion of the walls of the chamber
housing the tomb. These were hand-illustrated tiles decorated with leaves, flowers
and geometrical shapes in shades of green, turquoise and deep red on a white
background.14 The tiles were decorated in an artistic style common to the Ottoman
Empire in the 16th century, which continued to be prevalent in parts of the empire in
the 17th and 18th century.15 On December 19, 2012, during the conservation work, a
young ultra-Orthodox man was caught smashing the ancient tiles. The young man
told police that he performed the deed in hope that it would help him merit finding a
14 N. Shalev-Khalifa, At the Edges of the Ancient Forest – Ceramic Tiles at the Compound of King
David’s Tomb” [Hebrew], Hiddushim B-Archiologiyah shel Yerushalayim ve-Sevivoteiha, Vol. 3 (2009),
67-73.
15 Efrat Asaf, “Renovations and Conservation at the David’s Tomb Compound.” [Hebrew]
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wife.16 Two weeks later, on the night between January 2-3 2013, again the ceramic
tiles at the site were vandalized.17
The damage of the tiles was defined as total. The Antiquities Authority submitted a
complaint to the police and published an announcement regarding the extraordinary
archaeological, cultural and religious importance of David’s Tomb. In its
announcement, the Antiquities Authority noted the extensive funds (millions of
shekels) invested in the conservation work, and called on “those responsible for the
compound, the Israel Police and the Jerusalem Municipality, to assist in its
preservation in order to prevent the recurrence of similar incidents.” 18The
Antiquities Authority decided not to restore the tiles, but to leave the walls bare.19
The response of the Antiquities Authority in this affair is quite enigmatic. Funds,
labor and much thought were invested for several years in the conservation of the
compound, including in the special tiles. Despite this, the Antiquities Authority
declined to demand their restoration, and agreed to remove almost all of them from
the walls. Today, only small strips of the tiles can be seen, surfacing along the seam
between the ceiling and the floor. Instead of restoring the tiles, the Antiquities
Authority emphasized the advantage provided by the bare walls, which make it
possible to see the lines of the original openings.
Destruction of the antiquities drew harsh critique from various directions. The Turks,
who viewed the destruction of the tiles as damage to an Ottoman heritage site,
expressed their protest and even visited the site. It is clear that in terms of the Turks,
the decision of the Antiquities Authority is perceived as an abnegation of its
responsibility to restore the tomb.
16 N. Hason, “Ultra-Orthodox Man Arrested for Smashing Tiles at David’s Tomb,” Haaretz, January 3,
2013.
17 N. Hason, “Vandalism at Jerusalem Holy Site may have Aimed to Erase Traces of Muslim Past,”
Haaretz, January 3, 2013.
18 Press release, Antiquities Authority, “Severe Vandalism Last Night at the David’s Tomb. Antiquities
Authority to Submit Complaint to Jerusalem Police,” January 3, 2012.
19 N. Hason, “Who is ‘Judaizing’ David’s Tomb?” Haaretz, August 3, 2013.
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Jerusalem researcher Amnon Ramon examined the conduct of the authorities in
conserving David’s Tomb, and raised a number of questions regarding the manner of
decision-making and conduct of the authorities at the compound:
 What made wreaking damage at this important site, holy to the three
monotheistic religions, possible, after just two weeks earlier the site was
vandalized? Was the door easy to break through, and were cameras installed
at the site?
 How was systematic damage possible at the site for a second time? How did
the neighbors from the “Diaspora Yeshiva” not hear the noises from the
destruction, particularly in light of the fact that the vandals used heavy tools
and worked for several hours?
 How is the oversight consistent with the declarations of the heads of state
regarding the State of Israel’s commitment to protection of Jerusalem’s holy
sites? And why were the results of the investigation not published in the case
of both incidents?20
Ramon also raises a number of questions regarding the decision-making process in
the Antiquities Authority:
1. Is it within the jurisdiction of an internal forum of the Antiquities Authorities to
make decisions regarding such a sensitive topic?
2. Would it not have been correct to expand discussion of the issue and to raise it
for discussion in broader forums?
3. Were alternatives considered, such as restoration of one of the walls? After all,
the Antiquities Authority possesses copies of the tiles!
20 A. Ramon, in a summary of the lecture "The issue of conservation and the struggle for control of
the holy places: the case of David's Tomb" (Hebrew), Jerusalem Institute for Israel Studies, June 6th
2013
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4. Does the decision to not preserve the tiles constitute a kind of reward to the
criminals and desecrators of the tomb? What will be the implications of the
decision on the future of Mt. Zion and other holy sites?
Line of tiles left on one of the walls of the tomb
The Muslim tiles – close up
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Chamber of the Last Supper (Coenaculum)
The topic of control of the Coenaculum has already for many years occupied the
heart of the discussions between Israel and the Vatican. Pope John Paul II, during his
visit to Israel in 2000, conducted a mass in the presence of his entourage and local
bishops. His successor, Pope Benedict XVI, also visited there in 2009. Rumors of
progress in the contacts between Israel and the Vatican appeared in the media
during 2013, particularly pertaining to the Coenaculum and David’s Tomb. In July
2013, MK Nissim Ze’ev (Shas) submitted a proposal for a decision (“Israel Surrenders
to Vatican – Compounds, Including at David’s Tomb, Will be Transferred to Their
Control”), in which he claims that Israel is succumbing to international pressure and
transferring a site holy to the Jewish people to the Vatican, and therefore, a
discussion on this topic must be held in the Foreign Affairs and Defense Committee
of the Knesset. The proposal passed. During the discussion, Deputy Foreign Minister
Zeev Elkin admitted that the negotiations indeed had progressed greatly and were
nearing a conclusion, but noted that the agreement-in-process did not grant the
Vatican ownership or control over the Coenaculum.21 Despite this, a similar rumor
was again disseminated in February 2014, but its reliability is unclear. The topic is
expected to remain on the agenda, mainly among ultra-Orthodox and Evangelist
Christian groups, towards the upcoming second visit of Pope Francis XVI, planned for
May 2014.22
21 Protocol of Plenary no. 54 of the 19th Knesset, July 17, 2013, p. 231-235.
22 A. P., “Pope Francis sets date for Israel visit: May 24-26,” Haaretz, January 5, 2014.
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Chamber of the Last Supper (Coenaculum)
Arabic inscription and Muslim architectural detail in the Coenaculum
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UNESCO and Mt. Zion
The Old City of Jerusalem and its walls were declared a World Heritage Site by
UNESCO in 1981. The State of Israel included Mount Zion in its tentative list of
heritage sites for which it seeks UNESCO recognition as World Heritage Sites.23 Israel
claimed that the heritage site of the Old City should be expanded towards Mt. Zion,
since it is an inseparable part of ancient Jerusalem. In 2001, the Committee for
World Heritage Sites decided to reject Israel’s request, claiming that as long as
Jerusalem’s Old City was not part of an agreement under international law, it would
not be possible to expand Jerusalem as a World Heritage Site.24 Recognition that the
religious and historical importance of Jerusalem does not end at the walls of the Old
City is accepted by the finest researchers and by other professionals in the field.
UNESCO also shares this understanding. Were it not for the political struggle, it
would be possible and appropriate to expand Jerusalem as a World Heritage Site
towards the direction of Mt. Zion, and also in the direction of ancient Jerusalem at
the Mount of Olives. It cannot be known whether UNESCO’s recognition of the
David’s Tomb site would pressure Israel into fastidiously protecting the tomb and
whether in the past it would have prevented destruction of the tiles.
Israel, which knew that there was no chance of expanding Jerusalem as a heritage
site in the direction of occupied territories such as the Mount of Olives and the
Kidron Valley, tried to expand recognition in the direction of the Green Line.
UNESCO’s decision attests to the fact that from an international standpoint, the path
to generating recognition, collaboration and maximal protection of the tomb
compound is connected to devising a political solution for the Old City.
The Political Significance of the Struggle on the Tomb Compound
The David’s Tomb compound is under territorial dispute. The compound is located
within the Green Line, and in any political agreement between Israel and the
23 Israel National Commission for UNESCO, World Heritage
24 WHC, Israel tentative list, Jerusalem
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Palestinians, it will be part of Israel. The political sensitivity of the compound arises
from a number of key factors: 1. the sanctity of the place and use of the religious
compound by members of various religions. 2. location of the tomb as part of the
broader compound of the historic (holy) basin of Jerusalem, adjacent to the Old City
walls; 3. trends among extreme Jewish elements to erase the city’s Christian and
Muslim past.
The composition of the population that visits the tomb was known to the security
services. Through simple measures (such as security cameras) it would have been
possible to at least apprehend the vandals. It appears that the Israeli authorities are
comfortable with emphasis of the Jewish character of the tomb, whether through
passive acceptance and lack of alternative, or based on a conscious political decision.
In this situation, the process of 'judaization' of the tomb continues undisturbed, and
the site, meant to be a multi-religious center outside of the political struggle,
becomes an inseparable part of the struggle over the place’s identity and
presentation of a single historical/religious narrative that erases the other.
David’s Tomb is a compound with religious and cultural significance. The Vatican’s
interest in the Coenaculum and the Turkish protest against the damage to the tiles
are two examples. The desire to add Mount Zion to UNESCO’s World Heritage Site
list, and the negotiations underway between Israel and the Vatican, are testimony to
Israeli recognition of the international importance of the compound. However,
alongside Israel’s declared intentions, in practice the tomb is identified as a religiousultra-
Orthodox stronghold with a clear Jewish character. Symbols of its Muslim
cultural heritage were violently removed from it, and the Coenaculum, located
above the tomb, is secured by the Ministry of the Interior in order to prevent
damage and disturbances of the Christian visitors to the site. It appears that the
internal-Israeli political reality is not succeeding in adjusting itself to the political
reality.
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Conclusions and Recommendations
David’s Tomb, like other holy sites, such as the Temple Mount in the Old City or the
Tombs of the Patriarchs in Hebron, is thousands of years old, and built layer upon
layer. These sites were never properly excavated or researched. The religious tension
and political interests make it impossible to relate to these structures as antiquities
sites; their holy status clouds the research. As we have illustrated in the case of
David’s Tomb, some of the information originates in the most limited excavations,
and most is from archaeological surveys or historical sources.
Jewish, Christian and Muslim traditions mingle together at David’s Tomb. This is
evident in the architecture of the tomb building, and the Coenaculum. Since David’s
Tomb is not located in the heart of a political conflict, like the Tombs of the
Patriarchs in Hebron or the Temple Mount / Haram a-Sharif, one might expect Israel
to uphold its obligation to protect the structure from vandalism by extreme
elements. Despite this, the authorities have failed in fulfilling this mission, and the
sense is that the situation that has arisen is convenient for the government, or at
least, the authorities have come to terms with the damage to the site.
The case of David’s Tomb is a test case for Israel’s ability to foster religious tolerance.
It appears that greater international involvement in the compound will emphasize
the international importance of the site. Such involvement could serve as a
counterweight to extreme Jewish groups which are unprepared to accept a lifestyle
or beliefs that are different from their own. Israel would do well to prove to itself
and to the world that it is capable of protecting a site holy to all three faiths, one
that is located outside of the political conflict, and that it does not enable extreme
groups to determine the nature of the place. However, as mentioned above, it is
impossible to detach the location of Mt. Zion and David’s Tomb from the adjacent
Old City. The political struggle in the Old City, which brings about national and
religious extremism, also reaches David’s Tomb. It appears that as long as there is no
political accord in the Old City, the phenomena of the strengthening of extremist
groups will be an inseparable part of the atmosphere at Mt. Zion and the tomb
compound.
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Archaeology in the Political Struggle over
the Temple Mount/ Haram al-Sharif
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Archaeology in the Political Struggle over
the Temple Mount/ Haram al-Sharif
2015
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Research and Writing: Yonathan Mizrachi
Translation: Talya Ezrahi
Edited by: Dalia Tessler
Proof-editing: Dana Hercbergs
Graphic Design: Lior Cohen
Mapping: Shai Efrati
Photography: Emek Shaveh
January 2015
Emek Shaveh (cc) | Email: [email protected] | website www.alt-arch.org
Emek Shaveh is an organization of archaeologists and heritage professionals focusing on
the role of tangible cultural heritage in Israeli society and in the Israeli-Palestinian conflict.
We view archaeology as a resource for strengthening understanding between different
peoples and cultures.
This publication was produced by Emek Shaveh (A public benefit corporation) with the support of
the Norwegian Embassy in Israel, the Federal Department for Foreign Affairs Switzerland (FDFA)
and Cordaid. Responsibility for the information contained in this report belongs exclusively to Emek
Shaveh. This information does not represent the opinions of the abovementioned donors.
Introduction
Part 1 – The history of the site: How the Temple Mount became the Haram
al- Sharif
Characteristics of the site and the religious traditions
The holy precinct today
From the Temple Mount to the Haram al-Sharif
Part II –Archaeology and Politics from 1967 to the Present Day
Changes in Access Policies to the Temple Mount
Changes in the precinct: from 1967 to the opening of the Western Wall
Tunnels in 1996
The events of 1996: renovations of Al-Marwani Mosque and the
destruction of antiquities
Changes in the status quo over the past year
Conclusion and Lessons
5
6
6
7
8
11
11
11
14
17
20
Table of contents
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Introduction
Immediately after the 1967 War, then Israeli defense minister Moshe Dayan declared
that the Islamic Waqf would retain their authority over the Temple Mount/Haram al-
Sharif compound. This statement coupled by the fact that the Islamic Waqf continued to
manage the compound was interpreted as Israel’s acquiescence to preserve the Haram
al-Sharif ’s unique historic significance as an Islamic holy site. Yet in practice, even prior
to Dayan’s declaration, Israel had begun to put facts on the ground which contributed
to a shift in the independent status of the Temple Mount/Haram al-Sharif particularly
around the issue of access to the site.
Since 1967, the area surrounding the Temple Mount/Haram al-Sharif has seen
continuous development and attempts to modify previous agreements. Activities
that have affected the status quo which are most familiar to the public are the tunnel
excavations, the renovations of al-Marwani Mosque (also called Solomon’s Stables)
and the Mughrabi Ramp, but there have been other smaller-scale actions that have
contributed to creating a new reality in and around the Temple Mount.
The Temple Mount/Haram al-Sharif is not detached from the environment in which
it is situated. Events in the Old City and in the village of Silwan are known to have
a significant impact on tensions in the area and particularly on the situation on the
compound. Emek Shaveh has discussed activities in the area in “From Silwan to the
Temple Mount” (2013)1 and “Jerusalem Underground” (2011).2
In the present document we will discuss the use of archaeological excavations,
or excavations termed as archaeological, in the political struggle over the Temple
Mount and its environs. Considering that any physical activity in the Old City and its
surrounding area entails archaeological work (excavations, preservation, oversight
etc.), it is only natural that this scientific discipline has been placed at the forefront of
the political struggle.
1) Y. Mizrachi, “From Silwan to the Temple Mount - Archaeological Excavations as a Means of
Control in the Village of Silwan and in Jerusalem’s Old City,” Emek Shaveh, 2013.
2) Y. Mizrachi, “Jerusalem Underground: The Excavation of Tunnels, Channels, and Underground
Spaces in the Historic Basin,” Emek Shaveh, 2011.
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Part 1 – The history of the site: How the Temple Mount became
the Haram al- Sharif
The Haram al-Sharif site is a collection of magnificent buildings that exemplify the very
best of local and lslamic architecture from the last thousand years. The significance of
the site as a holy place in the Islamic tradition led to the construction of almost onehundred
buildings on the site, built between the 8th century CE and the 20th century.
Apart from its religious significance, the precinct is a heritage site of international
importance. This fact virtually goes unmentioned in the political and religious struggle
over the precinct and has not been given due consideration.
Characteristics of the site and the religious traditions
The Temple Mount, or al-Haram al-Sharif in Arabic (meaning ‘the Noble Sanctuary’),
is a 140 dunam area (45 acres) located in the south-eastern corner of the Old City.
Today it is used as a prayer and study site for Muslims and includes some of the oldest
religious structures in the country that are still standing. The Jewish tradition identifies
the site as the place of Mount Moriah, where the patriarch Abraham went to sacrifice
his son Isaac. The site is identified as the place where the Temple – last destroyed in 70
CE – once stood. The Muslim tradition identifies the site with the “Farthest Mosque”
mentioned in the Quran in the beginning of Sura 17: “Glory to (Allah) Who did take
His servant for a Journey by night from the Sacred Mosque to the Farthest Mosque,
whose precincts We did bless, in order that We might show him some of Our Signs:
for He is the One Who heareth and seeth (all things).” Such is the description of the
legendary journey by the Prophet Mohammed on his horse al-Buraq from Mecca to
the “Farthest Mosque” whence the Prophet ascended to the heavens. The Dome of the
Rock is associated with the site of the First Temple - ‘Solomon’s Temple,’ as it is referred
to in Islam (‘Templum Salomonis’ as the Crusaders called it).
The holy precinct today
Scholars differ over the dating of the Temple Mount/Haram al-Sharif ’s foundations.
Most are of the opinion that at least the southern and western sections are ancient
(from between the 1st century BCE to the 1st century CE). Other sections were added
later, up until the Islamic period (7th to 16th century CE). Nine gates lead up to the site.
One of them, Sha’ar Harahamim or Baba al-Rahmeh (the Golden Gate), is sealed off.
The Mount’s supporting walls feature two smaller gates that are not in use. Its southern
wall features two additional sealed gates: the western section contains a double gate
and the eastern section a triple arched gate (Hulda Gates). These sealed gates face the
excavations of the Southern Wall.
The most well known structures on the Temple Mount/Haram al-Sharif are Al-Aqsa
Mosque located in the south-western corner, and the Dome of the Rock located in
the center of the premises. In addition, the site contains buildings used as religious
educational institutions (madrasas), memorials (the Dome of the Rock is one of them),
towers, purification structures (al-Kas) and more. Some of the structures were built in
the early Islamic period, the 8th century CE, some were built by the Mamluks during
the 14th – 15th century CE, and others during the Ottoman period (16th-20th centuries
CE). Several structures feature columns or capitals which, judging by their style, can be
dated to the Crusader or to the Roman-Byzantine periods.
The Dome of the Rock is a memorial which in the present-day functions as a mosque.
It is one of the oldest standing Islamic structures in the world. Preserved in its original
state, not having undergone substantial modifications, it is considered to be an artistic
and architectural wonder and a cornerstone in the history of Islamic art and architecture.
Surrounding the interior is an inscription describing the construction of the mosque
in the year 691, during the reign of the Caliph Abd al-Malik Ibn Marwan (685-705) of
the Umayyad Dynasty. Historians date Al-Aqsa Mosque in the south of the precinct to
the beginning of the 8th century, the time of Abd al-Malik, or to the period of his son’s
reign, al-Walid I (705-715). The structure was rebuilt several times and last renovated
in 1035 during the Fatimid Caliphate, following the earthquake of 1033.
The Dome of the Rock and the Dome of the Chain
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Of the many domes on the Temple Mount it is worth mentioning the Dome of the
Ascension. Located north-west of the Dome of the Rock, it marks the spot associated
with Mohammed’s ascension to the heavens. The structure is dated to the 12th century,
although some scholars say it was built in the 8th century. Another memorial is the
Dome of the Prophet, also located north of the Dome of the Rock and built in the
16th century by Mohammed Bey. Like the Dome of the Ascension, some date its initial
construction to the 8th century. The Dome of the Chain is yet another and is located
to the east of the Dome of the Rock, also apparently built in the 8th century by the
Umayyad Caliph Abd al-Malik.3
Other religious buildings adorn the precinct beginning with the Ayyubid period (12th-
13th century), such as the minarets at the Gate of Bani Ghanim and minarets from the
Mamluk period (the 14th century). Other unique structures from the Mamluk period
are the Summer Pulpit (Minbar al-Saif) and the ablution fountain (called al-Kas). One
of the most impressive and unique structures on the Temple Mount is the Madrasa al-
Ashrafiya. Built in the 15th century, it is an example of Mamluk architecture at its best.4
From the Temple Mount to the Haram al-Sharif
The Temple Mount was never methodically excavated and most of our knowledge
about its history comes from historical texts and an analysis of architectural styles.5 The
three monotheistic faiths identify the site as Solomon’s Temple from the 10th century
BCE. Some scholars also identify the site as a place of ritual from Canaanite Jerusalem
(18th-10th centuries BCE).
The most distinct antiquity linking the site with the Second Temple is the Western
Wall dating to the end of the 1st century BCE or the beginning of the 1st century
CE. It is one of the walls built to support the Temple plaza above it.6 Archaeological
excavations conducted to the south and west of the Temple Mount uncovered remains
of capitals, ornaments and inscriptions that attest to the importance of the site during
the early Roman period - the time of Second Temple. The archaeological finds from
these excavations, including the rock with the inscription “To the Trumpeting Place,”
3) M. Rosen-Ayalon, “An ancient source on the construction of the Dome of the Chain on the Temple
Mount” (Heb), Katedra 11, 1979, pp.184-185.
4) M. Hamilton, Mamluk Jerusalem: An architectural study, London, 1987.
5) M. Rosen-Ayalon, “The Early Islamic Monuments of al-Haram al-Sharif, Jerusalem: An
Iconographic Study”, Qedem - Volume 28, Jerusalem, 1989.
6) T. Hirshfeld, “Discovery: Sections of the Western Wall were not built by Herod,” (Heb) Ynet,
23.11.11
reinforce traditions that associate the Temple Mount with the site of the Second Temple.7
It appears that part of the precinct was built in that period; however scholars are divided
over the dating of the gates. Some scholars date the Southern Wall and the Huldah
Gates to the Second Temple period, while others date several gates in the Southern Wall
to the 8th century CE, the Umayyad period.8
Scholars are also divided over the question of what was built atop of the Temple Mount
after the destruction of the Second Temple in 70 CE. The assumption is that in the 2nd
century CE a pagan Roman temple was built under orders by the Emperor Hadrian.
This temple was most probably destroyed in the beginning of the Byzantine period (the
4th century), and the precinct remained abandoned until the beginning of the early
Islamic period in the 7th century.9
At the end of the 7th century, as the Umayyad regime grew strong, the Temple Mount
was developed as an Islamic prayer site. In addition to the construction of memorial
structures and Al-Aqsa Mosque, the Umayyad regime encouraged pilgrimage to
Jerusalem – most probably in an effort to prevent or lessen pilgrimage to Mecca – and
in so doing enhanced the importance of the Haram al-Sharif in Islam.10 At the end of
the Umayyad period (the middle of the 8th century) Jerusalem’s political importance
in Islam diminished. Pilgrimage to the Temple Mount did not cease until the Crusader
period (end of the 11th century).
Unlike the Byzantine Christians who turned the Temple Mount into a rubbish heap, the
Crusaders continued to observe the sanctity of the site and to safeguard it. During the
Crusader period, Al-Aqsa mosque was converted into a Church, as was the Dome of
the Rock. The Crusaders gave the south-eastern section the name “Solomon’s Stables.”
Following the Crusaders’ defeat in the year 1187, the Muslims returned to the Temple
Mount. From the Ayyubid period onward, the Muslims highlighted the sanctity of
the site in response to Christian dominion over Jerusalem in general and the Temple
Mount in particular during the preceding period. During the Mamluk period (13th-
7) B. Mazar, “Jerusalem during the House of Herod in light of the excavations to the south and
south-west of the Temple Mount” (Heb), Katedra 8, 1977, pp.29-41; O. Peleg-Barkat, “The Herodian
Architectural Decoration in Light of Finds from the Temple Mount Excavations” (Heb), Jerusalem,
2007.
8) R. Shani and D. Chen, "On the Umayyad Dating of the Double Gate in Jerusalem," Muqarnas 18,
2001, pp. 1-40.
9) B. Isaac, “Jerusalem from the Great Revolt to the Reign of Constantine,” pp.2-13; Y. Tsafrir, “The
Topography and Archaeology of Jerusalem in the Byzantine period,” pp.323-330; Y. Tsafrir and S. Safrai
(editors) The History of Jerusalem: The Roman and Byzantine periods (70-638 CE), Jerusalem: 1999.
10) A. Elad, “The Temple Mount in the early Muslim period,” In Y. Reiter (ed.), Sovereignty of God and
Man – Sanctity and the political centrality on the Temple Mount, Jerusalem: 2001, pp.57-109 (Heb).
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16th centuries), Jerusalem did not serve as a financial or administrative center but its
religious significance grew stronger. Most of the structures on the Temple Mount that are
still intact were built during this period, and the construction in the area surrounding
the Mount is also attributed to the Mamluk rulers. The Ottoman period (16th-20th
centuries) saw the construction of religious monuments on the Temple Mount and its
environs, and in Jerusalem many Islamic endowments transferred their income to the
Haram al-Sharif.11
11) Y. Reiter, “Sanctity and Politics in the history of the Temple Mount,” Sovereignty of God and Man –
Sanctity and the political centrality on the Temple Mount, Jerusalem: 2001, pp.5-13. (Heb)
Part II –Archaeology and Politics from 1967 to the Present Day
Changes in Access Policies to the Temple Mount
Between the start of the 1st century CE until the end of the 19th century the Temple
Mount had been off-limits to various populations. During Roman and Byzantine times
Jews were prohibited from ascending the Mount. From the 7th century onward, with
the exception of the Crusader period (12th century), the Temple Mount was closed to
non-Muslims. This policy changed in 1885, when only high-ranking Christian visitors
were permitted to enter the site. Another shift in policy took place during the British
Mandate period, when non-Muslims were granted permission to ascend the Mount for
a fee. Following the Six Day War (1967), it was decided to continue the British Mandate
policy of maintaining the autonomy of the Islamic Waqf on the Mount. Today non-
Muslims are permitted to enter the erea only through the Mughrabi Gate. Orthodox
Judaism, including the Chief Rabbinate, opposes Jews’ ascension to the Temple Mount
for religious reasons, out of concern that Jews might step on the site of the Holy of
Holies (which no person was allowed to access during the Temple periods apart from
the High Priest on the Day of Atonement). Today the exact site of the Holy of Holies on
the Temple Mount remains unknown. Since the Second Intifada (2001-2005), the Waqf
decided to prohibit non-Muslim visitors from entering the mosques (Al-Aqsa and the
Dome of the Rock).
Changes in the precinct: from 1967 to the opening of the Western Wall
Tunnels in 1996
Following the Six Day War, the State of Israel began a process of transforming the area
west of the Western Wall and south of the Temple Mount. As a first step, the Mughrabi
neighborhood that abutted the wall was completely demolished on the evening of the
8th of July 1967, two days after the war ended. The neighborhood, first built in the 13th
century, was completely erased apart from several houses on the western edge, and
the area was transformed into the Western Wall prayer plaza.12 UNESCO criticized the
destruction of the neighborhood, which had included some of the most ancient and
important Islamic structures in Jerusalem (al-Buraq Mosque, the Madrasa al-Afdaliya
and others), and had played an important part in the history of the Old City and in
defining the connection between the Maghreb and Jerusalem.
Israel’s consent to leaving the Waqf with the responsibility for managing the Temple
Mount/Haram al-Sharif came with a few significant modifications. The Madrasa al-
12) Y. Reiter and J. Seligman, "1917 to the Present: Al-Haram al-Sharif/Temple Mount and the
Western Wall," O. Grabar and B. Z. Kedar (eds.), Where Heaven and Earth Meet: Jerusalem's Sacred
Esplanade, 2010, pp. 251.
The Dome of the Ascension (right) and the Dome of the Prophet (left)
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Tankiziya (the ‘Mahkamah’) building, which overlooks the Temple Mount and is located
near the Chain Gate, was turned over to the Israeli authorities as were the keys to the
Mughrabi Gate.13 Israel’s demand to be in control of the Mughrabi Gate was initially
rejected by the Islamic Waqf, which claimed that responsibility for the gates cannot be
separated from the responsibility for the premises as a whole. Following negotiations
and pressure placed by the Israeli authorities, responsibility for the Mughrabi Gate was
transferred to the Israeli police. These decisions, coupled with the declaration that the
sacred precinct is “an open public space” to which access is free, have been the basis
for the physical and administrative changes in the status of the Temple Mount and its
surroundings.14
Archaeology has also played a major role in changing the status of the area. In 1968,
an archaeological excavation was initiated to the south of the Temple Mount/Haram
al-Sharif. Conducted by the Hebrew University, it was one of the first in a series of
excavations intended to transform the Jewish Quarter and the Mughrabi neighborhood
into Israeli areas. The excavations yielded remains from various periods in the history
of Jerusalem including burial sites from the Abbasid period, structures from the
Umayyad period, and remains from Byzantine and Roman times. In addition, remains
and facilities dated to the Second Temple/ early Roman period were discovered.15 The
excavation area has been preserved as an archaeological park to the present day. Visitors
must pay a fee to enter it through the Davidson Center.
In 1969 excavations in tunnels, today termed the “Western Wall Tunnels,” had begun,
extending from the Western Wall plaza towards the north and along the wall which
surrounds the Temple Mount/Haram al-Sharif. The digs carried out by the Ministry
of Religion were not conducted as scientific excavations and lacked appropriate
archaeological oversight.16 They created a new underground surface area around the
Temple Mount/Haram al-Sharif; even then they were perceived as a threat to Muslim
rights over the Temple Mount.
One of the most heightened moments of tension during these excavations, which to a
certain degree confirmed Muslim concerns that the digs extended beneath the Temple
Mount, occurred in 1981: Workers on behalf of the Western Wall administration dug
13) N. Al-Jubeh, "1917 to the Present: Basic Changes, but not Dramatic: Al-Haram Al-Sharif in the
Aftermath of 1967," in O. Grabar and B.Z. Kedar (eds.), Where Heaven and Earth Meet, p. 275-277.
14) Ibid, pp. 277-281.
15) H. Geva, "List of Major Archaeological Activities in Jerusalem, 1967-1992," Ancient Jerusalem
Revealed, 1994, pp. 325-330.
16) N. Al-Jubeh, "1917 to the Present: Basic Changes, but not Dramatic: Al-Haram Al-Sharif in the
Aftermath of 1967," in Grabar and Kedar Where Heaven and Earth Meet, p. 276.
a tunnel in an area called “Warren’s Gate” in the direction of the Temple Mount itself.
Conflict ensued between representatives of the Islamic Waqf and the administration of
the Western Wall. The Israeli authorities ordered the gate sealed with cement. Criticism
of the changes Israel had introduced in the area surrounding the Temple Mount was
one of the reasons UNESCO decided to declare Jerusalem as a World Heritage Site in
Danger in 1982.17
Another significant change in the status of the Temple Mount followed the signing of
the peace treaty between Israel and Jordan in 1994, when it was stated that a permanent
peace agreement between Israel and the Palestinians would take into account Jordanian
interests and historical responsibility for the holy sites. In practice, Jordan continues to
pay the salaries of the Waqf employees, and is the central authority with whom Israel
negotiates all things concerning the Temple Mount/Haram al-Sharif.
Israeli excavations and destruction of built-up areas since 1967 in the area around the
precinct have completely transformed the landscape of the Old City. From densely built
Palestinian neighborhoods reaching the walls of the Temple Mount/Haram al-Sharif,
the area has been converted into a non-residential area, part of which (the Western
Wall plaza) serves as a place for prayer, part of which is an archaeological park and is
known as the “Southern Wall excavations” (the Davidson Center), and large parts of
which have been excavated underground creating historical attractions that strengthen
the connection between Jews and the Temple. Israeli activity has drawn massive Israeli
presence to these places, and tensions at the Temple Mount and its immediate environs
have increased. The gates of the Haram al-Sharif were the last line of defense for the
Waqf who struggled to maintain its status on the site, a struggle that is still ongoing.
Tensions and concerns over Israel’s suffocation of the Mount reached new heights in
1996 with the opening the Western Wall Tunnels.
17) Ibid, p. 257
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The events of 1996: renovations of Al-Marwani Mosque and the
destruction of antiquities
In 1996, following the inauguration of the Western Wall Tunnels extending towards the
Via Dolorosa, riots broke out in which tens of Israelis and Palestinians lost their lives.
The riots damaged the cooperation between the Israel Antiquities Authority (IAA) and
the Waqf. Representatives of the IAA confess that since the beginning of 1996 it has
been difficult to implement archaeological oversight over the Temple Mount/Haram
al-Sharif.18 At the same time, works had begun by the Islamic Waqf on Al-Marwani
Mosque to build a prayer area underneath the platform in the south-eastern section of
the precinct, east of Al-Aqsa Mosque.19 The renovation works on Al-Marwani Mosque
were conducted using heavy machinery that caused significant damage to antiquities.
Many tons of earth removed from the site were dumped into the Kidron Valley, the Abu
Dis dump, and other areas. No archaeologists were involved in the works which were
probably conducted without proper oversight.20 The State Comptroller’s report from
2011 discusses failings in overseeing the works and in the process of obtaining licenses to
conduct development works on the Temple Mount in the years 2001-2007: “Significant
failings were found in implementing oversight over most of the works during the period
to which this report refers (2001-2007). These works were undertaken without any
prior coordination with the authorities in charge with law enforcement at the Temple
Mount and without receiving the necessary approval or permits as required.”21
It appears that amongst Israeli and Palestinian professionals no one questions the fact
that antiquities were indeed destroyed in the course of renovating Al- Marwani Mosque,
but each side interprets the developments differently. Israel views the destruction of
antiquities from the point-of-view of Israeli law and a perspective that the Temple
Mount is part of an area under Israeli jurisdiction. The Palestinians claim that not only
had there been agreements between Israel and the Waqf concerning renovations of Al-
Marwani Mosque, but that the Haram al-Sharif should be regarded as a Muslim precinct
subject to Jordanian law.22 According to Jordanian law, the Jordanian Antiquities
Authority does not have the right to oversee works by the Islamic Waqf at the Haram
18) G. Avni and J. Seligman, “The Temple Mount 1917-2001, Documentation, Research and the
Preservation of Antiquities, Jerusalem,” 2001 (Heb); “Solomon's Stables, the Temple mount, Jerusalem:
The Events Concerning the Destruction of Antiquities 1999-2001” Atiqot 56, pp. 33-53.
19) The works were conducted in cooperation with the Islamic Movement in Israel.
20) J. Seligman, "Solomon’s Stables, The Temple Mount, Jerusalem," 'Atiqot 56, p. 42.
21) State Comptroller’s report for 2010, ‘The issue of works at the Temple Mount’, 2011, pp.1843-
1844.
22) J. Seligman, "Solomon’s Stables, The Temple Mount, Jerusalem," 'Atiqot 56, p. 41.
al-Sharif, and the same is true for the Israel Antiquities Authority.23
Al-Marwani Mosque (“King’s Solomon’s Stables”) is located in a space bordering
the Hulda Gates and the Southern Wall excavations conducted by Israel in the years
1968-1982. Following the opening of the Western Wall Tunnels, the Waqf grew
concerned that Israel was planning to open the Hulda Gates in order to convert “King
Solomon’s Stables” into a Jewish prayer site.24 From the point-of-view of the Waqf, the
Jews had objected to the renovations at Al-Marwani Mosque not because antiquities
were destroyed but because Jewish groups had designs on the space and saw it as an
opportunity to build a synagogue in the sacred precinct.25
23) For more information about the lack of involvement by the Jordanian authorities in the
administration of the precinct see Y. Reiter & J. Seligman, "1917 to the Present: Al-Haram al-Sharif/
Temple Mount and the Western Wall," Grabar and Kedar. Where Heaven and Earth Meet pp. 244-248.
24) Y. Al-Natshe, The Al-Marwani Mosque – “Between Past Goals and Future Threats,” Tourism and
Antiquities Administration - The Waqf, Jerusalem 2012 (Arabic).
25) N. Al-Jubeh, "1917 to the Present: Basic Changes, but not Dramatic: Al-Haram Al-Sharif in the
Aftermath of 1967," in Grabar and Kedar. Where Heaven and Earth Meet, p. 281.
The entrance to Al-Marwani Mosque
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It is difficult to assess the extent of the destruction to antiquities at the Temple Mount
for several reasons. First, in the absence of an archaeologist during the works, there
is no one to offer a professional opinion on the matter. Second, the strong criticism
over the destruction at the site is probably motivated by a desire possessed by many to
see Israel gain full sovereignty over the Temple Mount. At the same time, the Waqf is
working intentionally to strengthen Muslim hold over the Mount and its considerations
are primarily political. Protecting antiquities is not one of their most pressing priorities.
Yet over the years many reports and articles were published discussing the extent of the
destruction and the importance of the finds destroyed. It seems as though most of the
remains that have been damaged date to Islamic periods, beginning with the Umayyad
Dynasty (7th century) through to the Ottoman period (the 19th century). This is the
opinion held by archaeologists from the Israel Antiquities Authority.26 The assumption
is that during the works conducted by the Waqf, some remains dating to the Second
Temple period were also damaged, but it appears as though these were few, and their
quality remains unknown.27
In 2000 a “Public Committee against the Destruction of Antiquities on the Temple
Mount” was established. 28 It succeeded to recruit an impressive list of Knesset members,
public figures, leading writers and intellectuals, as well as figures identified with the
Israeli Left, or people who were not involved in political activism29 who had come out
against the destruction of antiquities on the Temple Mount. Much of the criticism
voiced by the committee focused on the destruction of remains from the Second
Temple period. Although growing religious extremism and nationalism in Jerusalem
has distanced many of the original committee members from the committee or from its
activities,30 the list of supporters can testify to the widespread interest among the Israeli
public in the archaeology of the Temple Mount.31
26) J. Seligman, "Solomon’s Stables, The Temple Mount, Jerusalem: The Events Concerning the
Destruction of Antiquities 1999–2001," 'Atiqot 56, pp. 33-53
27) Ibid, p. 45.
28) The internet site of the “The Public Committee Against the Destruction of Antiquities on the
Temple Mount” (http://templemountdestruction.com/e/Home/tabid/160/Default.aspx, accessed 15
Dec, 2014)
29) The Internet site of the “Public Committee Against the Destruction of Antiquities on the Temple
Mount,” Committee Members.
30) N. Hasson, “Intellectuals deny association with Temple Mount Pressure Group,” Haaretz, 19
February, 2014.
31) See also the signatories of the petition, A call to prevent additional destruction of antiquities on
the Temple Mount in Jerusalem (Heb.) (http://www.echad.info/templemount/letter.htm, accessed 15
Dec, 2014).
The renovations in Al-Marwani Mosque led to growing pressure and criticism of the
Israeli authorities and a demand for closer oversight over activities on the Mount.
Although Jewish groups working to change the status quo at the Temple Mount
had existed prior to the Al-Marwani renovations, since then, complaints about the
destruction of antiquities have been used to galvanize support and serve as the main
justification for those arguing to defend the Temple Mount and its heritage which, they
allege, is being destroyed by the Islamic Waqf.32
It ought to be noted that from 2005 to the present day there is an ongoing project
called “The Temple Mount Sifting Project” offering experiential activities for students
and other visitors in an area outside the Old City, called “Tzurim Valley” at the foot
of the Palestinian A-Tur neighborhood. It is conducted with the support of the Elad
Foundation (a settlers’ foundation that also manages the visitors’ center at the Mount
of Olives and the archaeological site ‘The City of David’). The sifting project is not
an archaeological excavation and has no scientific value. Its stated aim is to discover
remains from the Temple or other Jewish antiquities, but in practice very little earth has
been sifted, and from every possible perspective it cannot provide credible information
about the extent of destruction at the Temple Mount. This is an example of a project
that combines concern for antiquities with a religious, national and political agenda.33
Changes in the status quo over the past year
During the summer of 2014 we have witnessed unprecedented developments in the
activities of the Israeli authorities around the Temple Mount/Haram al-Sharif.34 In
August 2014 Israel began building a new temporary ramp for non-Muslim visitors to
ascend the Temple Mount. Several days later, after Jordan had put pressure on the Israeli
government, Prime Minister Binyamin Netanyahu gave instructions to dismantle the
ramp and stated that the construction was undertaken without the knowledge of the
Prime Minister’s Office.35 The subject of constructing an entryway is a political issue
that first emerged when the previous Mughrabi bridge collapsed in 2004. Since then,
32) Information about the Jewish groups active at the Temple Mount can be found in a report by Ir
Amim and the Keshev Foundation: Y. Beer “Dangerous liaison – the dynamics of rise of the Temple
movements and their implications,” (Heb) March 2013.
33) R. Greenberg and Y.Mizrachi “Archaeology on a slippery slope: Elad's sifting project in Emek
Tzurim National Park,” Emek Shaveh 2012; G. Barkai and Y. Zweig “The Temple Mount Sifting Project,”
New Studies on Jerusalem E. Baruch, Z.Greenhut, and A. Faust (eds.), 2006.
34) Emek Shaveh, “Construction of a New Temporary Ramp Beside Mughrabi Ramp,” 15 August
2014.
35) B. Ravid and N. Hasson “PM orders removal of wooden ramp at Temple Mount, following
pressure from Jordan,” Haaretz, September 3, 2014.
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Israel has been trying to reach an agreement with the Jordanian government and the
Waqf about building a new bridge.36 The issue of the Mughrabi bridge is linked to the
question of control over entrances and passages to the Temple Mount. As mentioned,
today the temporary ramp is the only place through which non-Muslims can enter the
Temple Mount and it is under the jurisdiction of the Israeli police.
In 2014 a sign was placed in an area called the ‘Little Western Wall’ requesting the
public to respect the sanctity of the site. The Jerusalem Municipality had placed the sign
even though the ‘Little Western Wall’ was never recognized as a holy site. The ‘Little
Western Wall’ is a small section of the western supporting wall of the Temple Mount/
Haram al-Sharif adjacent to the Iron Gate (Bab Al-Hadid), through which Muslims
can enter the Temple Mount. It is considered the closest place to where the Holiest of
Holies once stood where Jews can now pray. The wall measures 10 meters in length
and in recent years it has been serving as a prayer area for Jews, particularly on Fridays.
Allowing access to Jews creates friction between the Palestinians living near the site
and the Jews who come to pray there.37 The presence of Jews praying near the Iron Gate
allows them to have an impact on events at the entrance to the precinct.
The struggle over who controls the gates to the Temple Mount has reached new heights
following the decision by the Israeli police to close some of the gates during the morning
hours; especially during visiting times for Jews and other non-Muslims (the consequence
is to limit access for Muslims to the Mount). This issue is one of the main areas through
which Israeli authorities are trying to affect change in the status quo on the Mount.
Control over the gates means control over people entering and exiting the Mount, which
can be justified by security needs or presented as something that does not undermine the
status of the Islamic Waqf; in actual fact, it clearly signifies growing Israeli control over
the precinct. In addition to closing some of the Temple Mount/Haram al-Sharif gates to
Muslims, one must add the decision to build the Mughrabi Ramp without coordination
with the Jordanian government or the Waqf. It seems that even if these activities were
undertaken without the knowledge of the Prime Minister’s Office, they were carried out
as part of efforts to strengthen Israeli control over the entrance to the precinct and are
motivated by a conviction that, with respect to the gates leading to the Temple Mount,
the time has come to create unilateral facts on the ground.
36) A discussion of the Mughrabi Ramp by Emek Shaveh in “Why is the Mughrabi Ramp a political
issue?” 9 Sept, 2014.
37) A. Eldar, “Jerusalem opens Muslim Quarter Jewish site to prayer, upsetting status quo,” Haaretz,
January 14, 2011.
The Iron Gate leading to the Haram al-Sharif
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Conclusion and Lessons
The Temple Mount/Haram al-Sharif precinct has seen many changes over the centuries,
but beginning with the 8th century, and particularly after the defeat of the Crusaders
in the 12th century, it evolved as a holy site for Muslims. The most significant changes
occurred immediately after the 1967 War: on the one hand Israel continued to respect
the status of Islamic Waqf on the Temple Mount, but on the other hand it created the
conditions for changing this status. The most well-known instance of this is Israel
gaining control over the Mughrabi Gate and the establishment of a police department
in the ‘Mahkamah’ building, which overlooks the Mount.
Immediately after the Six Day War Israel created a new area around the Temple Mount:
The Mughrabi Quarter was destroyed, archaeological excavations took place all along
the southern side of the precinct, and later underground excavations were conducted
from the Western Wall plaza extending under the Muslim Quarter, and up against the
western wall of the Temple Mount/Haram al-Sharif. During the excavations of the
tunnels there was at least one incident when excavators penetrated under the area of
the Temple Mount itself.
The most significant change took place in 1996 with the opening of the Western Wall
Tunnels and the works on Al-Marwani Mosque, in the area called “Solomon’s Stables”
underneath Al-Aqsa Mosque. Some Jewish groups who seek to convert that space
into a Jewish place of prayer were motivated by this event to increase their struggle to
expand Jewish presence at the Temple Mount. Alongside criticism of the destruction of
antiquities at the Temple Mount there has been an increase in public delegitimization
of the Waqf ’s role in administering the site. These dynamics escalated reaching new
heights in the summer of 2014, with the attempt to rebuild the Mughrabi Ramp and
modify the opening hours at the gates to the Temple Mount/Haram al-Sharif.
When reviewing Israeli involvement in East Jerusalem in general and in the area
surrounding the Temple Mount in particular - i.e. the Old City and the village of Silwan
- there can be no doubt but that Israel is interested in safeguarding and entrenching its
authority in this area. The Israeli authorities and settler NGOs invest their best efforts in
transforming Silwan into a tourist site and into the settlement of ‘The City of David’ (see
Emek Shaveh’s publication From Silwan to the Temple Mount, 2012). At the same time,
the Old City is undergoing unprecedented development of a nature which emphasizes
the Jewish connection to Jerusalem and the Jewish people’s historic rights in the city.
These, along with the years of neglect of the Palestinian population in the city and the
solidification of the Israeli perception that the Old City of Jerusalem will remain Israeli
for eternity, have prepared the ground for the demand to change of the status quo at the
Temple Mount.
If Israel changes the landscape of the Old City and the nature of Israeli presence in the area
surrounding the Temple Mount, then it should come as no surprise that the next logical
step would be to affect changes in the precinct itself. Even if Israel officially distances
itself from Jewish groups who ascend the Temple Mount and who are demanding a
change in the status quo, its activities around and even in the precinct itself attest to the
fact that the situation at the Temple Mount has been marked by instability since 1967.
The change we have witnessed in recent years is a rise in the number of people who are
calling for full Israeli control over the compound.
Following decades of archaeological excavations, and with the increase in the political
exploitation of the archaeology at the Temple Mount/Haram al-Sharif, it is necessary to
take some steps to restore trust and cooperation between the sides. Alongside political
steps, such as recognizing the special status of the Islamic Waqf and its right to manage
the Haram al-Sharif without interference by Israeli parties, the sides must strive to work
cooperatively based on UNESCO’s and ICOMOS’38 international resolutions. These
resolutions, which deal with the preservation and development of heritage sites, could
become the basis for dialogue about antiquities and the importance of tradition, a step
which could mitigate religious and political tensions.
The only way to preserve the religious and historic status of the Temple Mount/Haram
al-Sharif over time is a political agreement that would recognize the precinct as one of
Jerusalem’s most significant and central heritage sites. In this way, the precinct would
be recognized not only as important to Islam but as one of the most important heritage
sites in the world. Israeli society must accept that it has been a central sacred place for
Muslims for a thousand years or more.
38) International Council on Monuments and Sites
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The Dome of the Ascension and the Dome of the Rock
The Dome of the Prophet
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For further information please visit the Emek Shaveh
website: www.alt-arch.org
For tours, workshops, or lectures,
please contact us at:
[email protected] or +972-(0)545-667299
www.alt-arch.org
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Denial of Access and Worship on the
Temple Mount / Haram al-Sharif
in 2012-2014
In this document we present a summary of the instances when worshipers and visitors were
denied access to the Temple Mount / Haram al-Sharif by Israeli police in 2014-2012. Emek
Shaveh received the information following a request filed to the police. According to the
information, the restrictions apply to two categories: visitors and worshipers. "Visitors" are all
non-Muslim (including Jewish) tourists and the general public that comes to the Haram. The
term "worshipers" refers to Muslims. This division is based on the status quo from 1967, which
determined that the Haram al-Sharif/ Temple Mount will continue to serve a complex of prayer
exclusively for Muslims.
The police can close the compound to Muslim worshipers, an event that happened only once in
the reporting period, after the attempted murder of Yehuda Glick, or it can deny entry to all
visitors (which occurred 56 times in the three years). Police often take the approach of reducing
the presence on the Haram, whether by imposing an age limit on the worshipers (52 times in
three years), or by denying entry to Muslim women (5 times in three years). The police also
reduced the hours of entrance for visitors (35 times), usually by preventing visits in the
afternoon.
Out of 144 partial or complete denial of entrance to visitors or worshipers, most of the
restrictions were made in 2013 and 2014. In 2014, the restrictions to Muslims reached a peak—
41 instances of restriction by age (see Chart 3) or gender, and one closure of the entire compound
for prayer.
History of Access to the Haram al-Sharif
Between the start of the 1st century CE until the end of the 19th century the Temple Mount had
been off-limits to various populations. During Roman and Byzantine times Jews were prohibited
from ascending the Mount. From the seventh century onward, except for the Crusader period
(12th century), the Haram al-Sharif was off-limits to non-Muslims. This policy changed only in
1885, when high-profile Christian guests were allowed to ascend to the compound. Changes in
access to the Mount took place during the British Mandate, when non-Muslims were allowed to
go there for a fee. After the Six Day War (1967) it was decided to continue the policy of the
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British Mandate and to allow the Muslim Waqf to have autonomy on the Haram. Today non-
Muslims can enter the compound solely through the Mugrabi Gate, which they reach through a
wooden ramp. Orthodox Judaism and the Chief Rabbinate oppose Jews' entry to the Temple
Mount out of fear that they might step on the place where the Holy of Holies once stood, as its
location remains unknown today. Since the second intifada (2005-2001) the Muslim Waqf
decided to prevent the entry of non-Muslims to the mosques (Al-Aqsa Mosque and the Dome of
the Rock).1􀀃
Table 1. Entry restrictions to the Temple Mount / al-Haram al-Sharif
according to years 2012-2014
General
total
Total Everyone
Muslims
Total Muslims
Visitors
(Jews,
Christians,
etc.)
Total
closure
Visitors
(Jews,
Christians)
Total
closure
Restriction
by age*
Partial
closure
Year
2012 2 14 16 3 3 19
2013 17 19 36 8 8 44
2014 16 23 39 41 41 1 81
Total 35 56 91 52 52 1 144
* In 2014, female worshipers were restricted 5 times.
1 For more on developments and changes in the status quo on the Temple Mount from 1967 to the present, see: Y.
Mizrachi, Archaeology in the Political Struggle over the Temple Mount / Haram al-Sharif, Emek Shaveh, January
2015.
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Major Findings:
• Muslim worshipers were limited according to age or gender on 3 days in 2012 compared to 41
days in 2014. In 2013 entry worshipers was restricted according to age 8 times. In 2014 the
compound was closed to everyone for one day, in addition to 41 times when worshippers were
restricted by age (see Table 3); an increase of more than five times the previous year.
• Reduction of visiting hours (shown in Table as Partial Closure) in 2013 and 2014 each
multiplied eight times from 2012. In 2014 the complex was closed to visitors more than in any of
the previous two years (23 days).
• The increase in number of days when entrance to the Haram was reduced or denied to visitors
in 2013 and 2014 corresponded to the rise in political and religious tensions caused by the
activities of Jewish groups that call for a change in the status quo in the area.
• The tremendous increase in the number of days when worshipers were restricted by age in 2014
paralleled the rise of political tension that summer, coinciding with the kidnapping and murder of
Israeli youths, the murder of Muhammad Abu-Khdeir, the Gaza attacks, and the clashes in East
Jerusalem.
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Table 2. Restrictions of Entry to the Haram according to events (2014-2012)
Genera
l total
Total Everyone
Muslims
Total Muslims
Visitors
(Jews,
Christia
ns, etc.)
Total
closure
Visitors
(Jews,
Christians)
Total
closure
Limitation
by age
Total
closure
Partial
closure
Event
Jewish-Israeli 1 1 2 2 3
national event
Palestinian 1 1 1
national
event
Security 12 2 14 17 17 31
Pope visit 1 1 1 1 2
Jewish holy 15 9 24 22 22 46
day
Muslim holy 4 43 47 4 4 51
day
Military 2 2 2
operation
Weather 2 1 3 3
Murder 1 1 3 3 1 5
attempt of
Yehuda Glick
Total 35 56 91 52 52 1 144
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• Of the 56 times that the Haram was closed to visitors, 43 of the instances occurred during the
Muslim holy days. In other words, only 13 closures for visitors occurred for security reasons,
including one day on the occasion of the Pope's visit, and one day following the attempted
murder of Yehuda Glick. Of these 9 days coincided with Jewish holidays. This indicates that
except for an average of three days a year (11 days total), the police does not prevent visitors
from entering the site.
Table 3. Restricting the entry of worshipers by age in 2014-2012
Minimum age
for worship
2012 2013 2014 Total
35 1 1
40 3 5 8
45 6 6
50 8 26 34
60 3 3
Total 3 8 41 52
• The police prefer to limit the age of worshipers rather than close the site to Muslim prayer. The
restrictions are mostly to worshipers under the age of 50 (out of 52 times when entry was
restricted to worshipers, 34 times prohibited entry to men under the age of 50, and 3 times to
men under the age of 60). Women were forbidden entry 5 times.
• Most of the age restrictions occurred in 2013 and 2014, in tandem with increased tension
regarding Jews’ claim to the right of prayer at the site.
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Conclusions
The data shows that when there are political and security tensions in Jerusalem, the status quo on
the Temple Mount / al-Haram al-Sharif is harmed. For example, in 2014 the Israeli police
imposed age restrictions on worshipers 41 times. This amounts to nearly 15% of the year. This
number indicates that the feeling among Palestinians that Israel is changing the status quo in the
area, is backed up by police data, even if the restrictions are made due to extenuating
circumstances, such as the murder attempt of Yehuda Glick. At the same time there is a direct
link between rising restrictions on visitors in 2013 and 2014 and increasing attempts by rightwing
groups to upset the status quo in the area.
The main challenge facing the Israeli authorities is to maintain the status quo during tense times,
especially when the pressure for change comes from the Right and the Israeli government.
According to the experience of 2014, this goal was not achieved. It seems that in the future it will
be impossible to separate events in Jerusalem from the changes to freedom-of-worship in the
Haram al-Sharif and the ability of the police to maintain the status quo.
 June 2015
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Archaeological Activities in
Politically Sensitive Areas
in Jerusalem's Historic Basin
2015
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September 2015
Emek Shaveh (cc) | Email: [email protected] | website www.alt-arch.org
Emek Shaveh is an organization of archaeologists and heritage professionals focusing on the role of
tangible cultural heritage in Israeli society and in the Israeli-Palestinian conflict. We view archaeology
as a resource for strengthening understanding between different peoples and cultures.
>> Preface
>> Excavations in the Old City
>> The Old City Walls
>> The Nea Church
>> Herod’s Gate/Burj al-Laklak
>> Ha-Gai/Al-Wad Street
>> Damascus Gate
>> Jaffa Gate
>> Hezekiah’s Pool
>> Ophel Excavations - Davidson Center
>> Bab al-Rahma Cemetery
>> Beit ha-Liba
>> The Mughrabi Bridge
>> The Expansion of the Western Wall Plaza
>> The Little Western Wall
>> Other Projects in the Western Wall Plaza
>> Excavations in Silwan
>> The Givati Parking Lot
>> Jeremiah’s Well
>> The Spring House
>> The Tel Aviv University Excavations in Silwan
>> Summary
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Preface
Jerusalem's Old City and the Historic Basic (also called the Holy Basin) contain some of the most
important sites to Judaism, Christianity, and Islam. On account of its religious and historical
significance, the city has attracted the attention of many scholars: already in the 19th century
various scholars were conducting scientific excavations in the Old City. The scope of archaeological
work increased significantly after 1967, when large-scale excavations were begun in the
Jewish Quarter and south of the Western Wall. In the last twenty years most of the excavations
in the Historic Basin have been conducted by the Israel Antiquities Authority (henceforth: IAA).
Archaeological activities are often an inseparable part of the political struggle over Jerusalem.
The administration and control of different excavation sites, the presentation of the finds, and the
historical narrative told to the visitor are all central parts of the struggle over the Old City, which
in essence is a large archaeological site.
This report presents a survey of the most important archaeological sites that have been excavated
or expanded in recent years. We will show how the excavators' conduct at these sites, located in
the central and most politically sensitive areas of Jerusalem's Historic Basin, served to advance
the political goal of Judaizing Jerusalem, at a significant cost to the Palestinian population that
shares the city's space.
Excavations in the Old City
The Old City Walls
In 2004 a number of stones fell from the walls of the Old City into the courtyard of the College
des Frères school in the Christian Quarter. This incident led the authorities responsible for the
Old City and its antiquities to preserve and reinforce the walls. In 2007, after several years of
surveying and planning, the IAA began preservation work on several sections of the walls.1 The
preservation was undertaken under the authority and with the funding of the Prime Minister's
office, and administered by the Jerusalem Development Authority. The preservation work continued
until 2011 and cost some 20 million NIS.2
The current Old City walls were built in the 16th century, at the beginning of Ottoman rule in the
Holy Land. Certain sections of the wall were built on the route of earlier walls from the Crusader
period, the Arab period, and the Byzantine-Roman period.3
The Nea Church
During excavations in the Old City in the 1970s, the remains of the Nea Church, dated to the 6th
century, were discovered. The church is known in the professional literature as one of the largest
and most impressive churches in Jerusalem; its splendor is said to have rivalled even that of the
Holy Sepulchre. The remains discovered include a part of the eastern apse, a system of underground
vaults, and the south-eastern corner of the church. Above the remains dated to the Byzantine
period, the remains of a Crusader church were also discovered. This church is smaller than
the Nea Church, but is nevertheless one of the largest from this period discovered in Jerusalem.4
Today these churches are located on the grounds of the central public park in the Jewish Quarter,
called Gan HaTekumah. However, the structures are fenced off and closed to the public. The site
is neglected and littered with trash and broken stones; the architectural details themselves seem
to be part of the rubbish. According to the plans of the Company for the Reconstruction and
Development of the Jewish Quarter of the Old City of Jerusalem, which holds most of the land
in the Jewish Quarter and is responsible for its churches, the area next to the Nea Church is set
aside for a future underground parking lot that will serve the quarter's Jewish Israeli residents.5
1) T. Shachner Rochman, "The Walls Are Not Getting Lost," Haaretz Online, June 6, 2008
2) Oral interview given by a representative of the Jerusalem Development Authority on the Old City basin
in a meeting with the Jerusalem municipality's chief engineer Shlomo Eshkol on 22 September 2011.
3) D. Bahat, The Carta Atlas of Jerusalem, Jerusalem: Carta, 1989 (in Hebrew).
4) N. Avigad, The Upper City of Jerusalem: the Case of the Archaeological Excavations in the Jewish Quarter
of the Old City of Jersualem, Jerusalem: Shikmona and the Israel Exploration Society, 1980, pp. 230-250 (in
Hebrew).
5) N. Gur, "Parking in the Jewish Quarter? For the Licensed Only," Behadrey Haredim, 15 January 2009;
"Building an Underground Parking Lot," The Development Company for the Jewish Quarter of the Old City
of Jerusalem, Ltd., n.d.
Remnants from the Crusader period above the Nea Church
in ‘Gan Hatekuma’
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Herod's Gate/Burj al-Laklak
This area is located in the Muslim Quarter near Herod's Gate and east of Damascus Gate. A buffer
between the Old City walls and the houses of the Saadiah neighborhood, this is one of the few
open spaces in the Muslim Quarter. In 1998 the IAA began a rescue excavation in the area as part
of a project to prepare the ground for building a residential complex for settlers. Even though the
area was intended for housing and not for tourism, the rescue excavations were funded by the
Ministry of Tourism. The excavations continued until 2008, and during that time the remains
of structures dating from the 1st century CE to the Ottoman period were discovered.6 After the
excavations, no effort was taken to protect the antiquities that had been unearthed. Access to the
area is blocked by a locked fence.
After the first plan to build a Jewish neighborhood on the site was rejected by the regional planning
and building committee, a new building plan was submitted in 2013, but at this point it
is unclear if and when the committee will take up the proposal. It seems that if the committee
approves the plan to build at the site, the first stage of construction will be a continuation of the
archaeological excavations.
Ha-Gai/Al-Wad Street
Ha-Gai/Al-Wad Street is one of two main streets that cross the Old City. The street begins at
Damascus Gate and ends at the Western Wall Plaza. Walking along its length one encounters
the holiest sites of the three monotheistic religions. The street crosses the Via Dolorosa, holy to
Christians and identified as the path that Jesus walked before his crucifixion; further along are located
the entrances for Muslims to the Haram al-Sharif; and at its end stands the entrance to the
Western Wall Plaza. On the basis of excavations conducted over the course of the 20th century
along this street, scholars have hypothesized that it was built by the Romans in the 2nd century
CE; at that time Jerusalem, known then as Aelia Capitolina, was part of the Roman Empire.7
For example, a secondary entrance to the Roman gate was discovered under today's Damascus
Gate.8 The remains of flooring from the time were found at the intersection of al-Wad with the
Via Dolorosa and in the western portion of the Western Wall Plaza, where the construction of
Beit ha-Liba is planned. In the southern part of the street, near the Tanner's Gate in the Old City
wall, a pedestrian gate was unearthed, located a few dozen meters to the west of the Dung Gate.9
In October of 2012 the Jerusalem Municipality began infrastructure work on the street, including
upgrading the sewage pipe running underneath it.
6) G. Avni, Y. Baruch, and Sh. Wechsler-Bdolah, "Jerusalem, Herod's Gate, the Old City," Hadashot
Arkheologiyot 113, 2001, p. 116 (in Hebrew); Y. Baruch and B. Zissu, "Jerusalem, The Old City, Herod's
Gate," Hadashot Arkheologiyot Online 118, 2006 (in Hebrew).
7) N. Shur, The History of Jerusalem, Jerusalem: Dvir, 1987 (in Hebrew).
8) M. Magen, "Damascus Gate," Ariel: A Magazine of Israel 46, 1986, pp. 86-94 (in Hebrew).
9) Y. Mizrachi, "Beit ha-Liba and the Givati Parking Lot: Archaeological Excavations and their Influence
on the Status Quo in the Old City," Emek Shaveh, 2012.
Over the past forty years many excavations have been conducted under the houses of the Old City
and its streets. Such excavations are also taking place today in the area between the Western Wall
and Ha-Gai/Al-Wad Street, in the area known as the Ohel Yitzhak synagogue complex. Excavations,
reaching deep underground, are also underway in different areas close to the Western Wall
tunnels. It is known that settler organizations and some government authorities have intended
for some time to create underground connections between the various Jewish settlements in the
Muslim Quarter and the ancient sites there (e.g. Zedekiah's Cave). Though we do not possess
documentation of these intentions, the information is based on interviews with involved parties.
The renovation of the sewage line represents an opportunity to excavate along the entire length
of the street and to study its history. As mentioned, the Ohel Yitzhak synagogue is located at
the southern end of Ha-Gai/Al-Wad Street. An excavation of underground spaces beneath the
synagogue has been ongoing since 2005; these spaces connect on one side to the Western Wall
tunnels, and can be joined on the other with spaces that will likely be discovered beneath Ha-Gai/
Al-Wad Street. On the basis of precedents in the Old City, and considering the great interest that
the four underground passages have raised in certain quarters, we foresee that if subterranean
spaces that can be enlarged are discovered, it is possible that the IAA will decide to expand the
scope of the excavation using government funds.10
Several buildings located on Ha-Gai/Al-Wad Street are controlled by the settler organization
Ateret Kohanim, which is devoted to Judaizing the Muslim and Christian Quarters of the Old
City. One of these buildings is former Prime Minister Ariel Sharon's house, which was purchased
in the 1990s and sits a short distance to the north of the intersection of Via Dolorosa and Ha-
Gai/Al-Wad. One of the first buildings purchased by settlers in the Muslim Quarter, also located
on Ha-Gai/Al-Wad Street, is the Ateret Yerushalayim yeshiva. The yeshiva serves as a center for
study and spiritual growth for the hundreds of students who pass through its doors every year.
Other houses belonging to settlers are located further along the street, as is the alley that leads to
the Little Western Wall, located next to the Haram al-Sharif, which serves as a prayer space for
Ultra-Orthodox Jews and settlers. Prayer services in the Ohel Yitzhak synagogue were renewed
in 2007 after a renovation.11
10) E.g., N. Hasson, "Jerusalem's Time Tunnels," Haaretz Online, April 24, 2011.
11) Ibid.
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Damascus Gate
This gate serves as the main entrance through which thousands of Palestinians enter the Old City
every day. The remains of a gate from the late Roman period (2nd century CE) were discovered
under the current structure.12 The Israeli authorities (the East Jerusalem Development Company,
the IAA, the Ministry of Tourism, and the Jerusalem Municipality) are advancing a preservation
plan that will turn the area into a tourism site.13
Jaffa Gate
In 2009 the Jerusalem Development Authority began an initiative at Jaffa Gate to blur the sense of
separation between West Jerusalem and the Old City through the creation of a single, continuous
space. As part of this plan, in 2010 archaeological excavations were conducted in which archaeologists
discovered a portion of a Roman wall and a sewage system stretching from Jaffa Gate to
Hezekiah's Pool in the Christian Quarter.14
Similarly, in 2015 cleaning work was done on a complex of sites located to the north of the
plaza outside Jaffa Gate. In a number of excavations undertaken in this area researchers discovered
an aqueduct from the late Roman period, a public bath from the Byzantine period,
and an Ayubid wall.15
12) M. Magen, "Damascus Gate," Ariel 46, 2012, pp. 86-94 (in Hebrew).
13) Information concerning the plan to renovate Damascus Gate can be found on the website of East
Jerusalem Development, Ltd.
14) O. Shion, Sh. Foni, "Jerusalem, Damascus Gate," Hadashot Arkheologiyot Online 123, 2011 (in
Hebrew).
15) A. Maeir, "The Excavations at Mamillah, Jerusalem, Phase 1 (1989)," in H. Geva, ed., Ancient
Jerusalem Revealed, Jerusalem: Israel Exploration Society, 2000, pp. 299-310; R. Reich and E. Shukron,
"Excavations in the Mamillah Area, Jerusalem: The Medieval Fortifications," Atiqot 54, 2006, pp. 125-152.
Hezekiah's Pool
This is a water cistern in the Christian Quarter, built in the shape of an asymmetrical rectangle.
From the north the cistern borders on the Coptic caravansary, and on its other sides it is surrounded
by houses and shops. Despite the fact that the cistern has never been excavate or studied,
it is dated to the late Roman period (2nd century CE) on the basis of excavations conducted
in the water channel that leads to the cistern.16
Photographs from the beginning of the 20th century testify to the fact that the pool was then full.
However, today the cistern is closed to visitors. In recent years there have been a number of cleaning
initiatives in the pool to address its poor sanitation. For instance, an internet group formed to
advocate for the cleaning of the pool because of its importance to the Jewish people.17 The group
identifies this site with the time of King Hezekiah (the 8th century BCE), despite the fact that, as
mentioned, excavations conducted in the pool's surroundings indicate that it was built in the late
Roman or Byzantine periods (the 3rd to 7th centuries CE).
As if in coordination with this initiative, the Jerusalem Municipality began to clean the pool despite
the claim by the Copts, the Greek Orthodox, and the Muslim Waqf that the pool belongs to
them. The cleaning began in June of 2011 and continued for several months, entailing intensive
and continuous labor. The cleaning project was carried out in a one-sided manner, and the parties
involved did not succeed in coordinating despite their shared interest.
16) N. Hasson, "Under Your Walls I Have Set Diggers: Historical Jerusalem Underneath the Manhole
Cover," Haaretz Online July 23, 2010 (in Hebrew).
17) The Pool of Hezekiah Conservation Project.
Damascus Gate
Hezekiah’s Pool
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Ophel Excavations- the Davidson Center
Located to the south of the Temple Mount/Haram al-Sharif, this area abuts the Old City walls
and the village of Silwan. This is the largest area of continuous excavation in the Old City. The
excavations conducted here over the years have revealed the existence of a multi-layered site in
continual use from the early Roman period (the Second Temple period) until today. Graves from
the Abbasid period (8th to 9th century CE) were found at the site, as were the remains of large
structures identified as palaces or administrative buildings from the Umayyad period (7th to
8th centuries), and residential structures and a monastery from the Byzantine period (4th to 7th
centuries). Likewise remains were found that were identified as military structures that apparently
served the Roman army after the city was conquered (2nd century BCE to 1st century CE).
A small number of additional remains were found that were dated to the period of the Judean
Kingdom in the Iron Age (7th to 8th centuries BCE).18
At the end of the 1990s the area was declared a national park. A few years later, at the beginning
of the 2000s, the Davidson Center, which serves as an antiquities museum for the area of the
Ophel, was built on the site. The center, administered at first by the East Jerusalem Development
Company, was later transferred to the Company for the Reconstruction and Development of the
Jewish Quarter of the Old City of Jerusalem.19 The museum has decided to preserve and restore
the Umayyad palaces, identified with the beginning of Islam, as well as the structures from the
beginning of Christian rule in the Holy Land, dated to the Byzantine period, and the Herodian
street identified with the time of the Second Temple. Apparently, this decision supports the museum
directors' wish to create a tableau for the viewer that shows how different cultures were
influenced by those that preceded them, creating thereby a feeling of continuity. However, as can
be seen by perusing the website of the Ministry of Tourism, which highlights the central findings
of the Davidson Center, the remains identified with the history of the Jewish people receive the
most emphasis on the site, while the remains from other periods are not highlighted.20
In recent years excavations led by Eilat Mazar have been conducted under the auspices of the
Hebrew University.21 The excavations, which are taking place directly below Al-Aqsa Mosque,
are significantly raising tensions between the Palestinian and Muslim side, worried about the
damage to archaeological remains identified as part of the Muslim heritage of the Old City, and
the Israeli archaeologists who are digging with the goal of finding remains identified with the
18) E. Mazar, Excavations in the South of the Temple Mount: The Ophel of Biblical Jerusalem, Jerusalem:
The Hebrew University, Institute of Archaeology, 1989.
19) "Notice of the Transfer of Administration from East Jerusalem Development, Ltd. To the Company
for the Reconstruction and Development of the Jewish Quarter of the Old City of Jerusalem," the East
Jerusalem Development, Ltd. website, n.d. (in Hebrew).
20) The Ministry of Tourism, "The Jerusalem Archaeological Park: the Davidson Center," the Ministry of
Tourism website, 2011 (in Hebrew).
21) N. D., "Archaeologists Excavate Jerusalem Cave and Tunnel Network," Popular Archaeology, 2013.
history of the Jewish people.22 Moreover, the fact that the archaeological excavations are being
conducted in horizontal tunnels, a method that is not accepted in archaeological research todaycomplicates
the process of dating the remains that have been uncovered and even understanding
their purpose.
In addition, it is important to mention the project to expand the Western Wall Plaza that was
born in the wake of the struggle of Women of the Wall and is meant to allow a space for mixed
gender prayer.23 This project is taking place to the south of the Mughrabi gate, in the area of the
Davidson Center excavations. A temporary prayer space has been constructed here above the
archaeological excavations and on a lower level than the Western Wall Plaza today.
22) An example of this tendency can be found here: "A Resevoir from the First Temple Period Newly
Discovered Near the Western Wall (September 2012)," the IAA website, 2012.
23) J. Lis, "Female Knesset Members Participated in a Women of the Wall Prayer Service: No Arrests for
the First Time in Months," Haaretz Online, March 12, 2013.
Exit from the tunnel under the Archaeological Park (Davidson Center)
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We can note two central excavations in the area of the Davidson Center in recent years:
1. The Mikvah (Ritual Bath) Trail
In recent years preservation work has been underway on a number of pools that were found in
the eastern portion of the Ophel excavations, outside the walls of the Old City. The pools, dated
to the Second Temple period, are presented as ritual baths (mikva‘ot, singular mikvah) that were
used in Jewish religious practice during the time of the Second Temple.24 The ritual baths are scattered
among remains from other periods, and in some cases were used in different periods for
various purposes (mostly as cisterns and storage spaces). The Mikvah Trail begins underneath
the southern wall of the Temple Mount/Haram al-Sharif and Al-Aqsa mosque.
A system of gates, known as the Hulda gates, was also discovered here, as well as steps that lead
to them. The gates and the steps are dated to the time of the Second Temple, and identified with
the pilgrimage path taken by worshipers in the period. The path ends at the nearby exit in the Old
City walls, opposite the northern entrance to the village of Silwan and a few meters away from
the excavations in the Givati parking lot and the City of David archaeological park. The Israeli
authorities are planning to create an underground or elevated link between this path and the
Silwan excavations. The focus on preserving objects connected to Jewish ritual from the Temple
creates a clear connection between Jewish worship of the time and observance today, as similar
purity rituals are also practiced by contemporary religious Jews.
2. The Ophel Wall
In June of 2011 the "Ophel Walls" site opened to the general public. This is a small portion of the
area of excavation of the Ophel, situated to the east of the Mikvah Trail. Several remains dated to
the 7th and 8th centuries BCE, the period of the Judean Kingdom, were discovered here. They
include a retaining wall and portions of internal walls identified as parts of a tower or a residential
building. In later periods building on these walls continued. On account of this continued
use and the damage done by the passage of time, there is no scholarly consensus concerning the
identity of the remains and their meaning.25
Though this section has yielded few findings, it has nevertheless become a central part of the
tourist route at the Davidson Center. The goal of this route is to connect the ongoing excavations
in the City of David to the excavations at the Ophel, thereby emphasizing a single historical
layer, in which little has been discovered, as more important than other layers.26 In this way the
tourist route serves as a means of harnessing the archaeological findings to strengthen particular
political ends.
24) The preservation project of the Mikvah Trail to the south of the Temple Mount was undertaken from
2010 to 2012 at the initiative of East Jerusalem Development, Ltd.
25) Nir Hasson, "A Jerusalem Archaeological Site at the Center of a Dispute over the Existence of
Solomon's Kingdom," Haaretz Online, June 24, 2011 (in Hebrew).
26) A. Mashiah, "Preserving the Ophel Walls," Davar Acher: The Bulliten of the IAA 19, 2013, pp. 26-27 (in
Hebrew).
The Bab al-Rahma Cemetery
The Muslim Bab al-Rahma cemetery is located next to the eastern wall of the Old City. It appears
that the Golden Gate/Bab al-Rahma was sealed in the 8th century CE, and that its existence long
preceded the building of the Ottoman wall in the 16th century. There have been no archaeological
excavations so far that could date the earliest graves, but according to Muslim tradition, the
cemetery, which is still in use to this day, was founded a short time after the Golden Gate was
sealed.
Today the cemetery covers the entire length of the eastern wall of the Old City. In recent years,
several Israeli groups have been trying to prevent burial in the southern part of the cemetery,
which serves the residents of the village of Silwan. In 2005, the Public Committee against the
Destruction of Antiquities on the Temple Mount, a consortium of archaeologists, intellectuals
and lawyers, petitioned the High Court of Justice to order the government to enforce the ban
on burial in the southern portion of the cemetery. Another petition on this issue was lodged in
2004.27 According to the Public Committee, the location had been declared an archaeological site
27) High Court of Justice 2800/05 and 7192/04 (in Hebrew).
The Ophel excavations next to the Temple Mount/Haram al-Sharif
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that is part of the Jerusalem Walls national park.28 They claim, therefore, that burial there should
be considered as posing harm to the antiquities. In the wake of their petition the government
agreed, even before the High Court's deliberations, to prevent burial there.
In 2009 the High Court of Justice denied the petition, but ruled that the authorities are obligated
to uphold the law and to protect the site from harm, including preventing further burial.29 Today
residents who wish to bury their dead in the southern part of the cemetery must obtain prior permission
from the High Court; in most cases the families do not turn to the court after the death
of their loved ones. In a few instances attempts to conduct burials on the site have resulted in the
arrest of family members or the transfer of the deceased to other families' burial plots.
In August of 2012, which coincided with the end of the month of Ramadan, the Israeli authorities
expanded northward the area in which burial is prohibited. The Israeli authorities' prevention
of Muslim burial on the southern side of the Temple Mount/Haram al-Sharif dovetails with the
Israeli ambition to remove, or at least to limit, the Muslim presence at the site, and to reduce the
Muslim connection to this area.
28) N. Shragai, "The Battle over the Ophel Path," Haaretz, May 16, 2006; N. Shragai, "The State Struggles
Against Illegal Muslim Burial Below the Temple Mount," Haaretz, June 21, 2009 (in Hebrew).
29) High Court of Justice 7800/05 and 7192/04, ruling of July 19, 2009 (in Hebrew).
Beit ha-Liba30
Beit ha-Liba is the name of an initiative to establish an office and conference space for the Western
Wall Heritage Foundation, a government organization under the authority of the Prime Minister's
office. The organization is tasked with coordinating the prayer in the Western Wall Plaza and with
responsibility over tourism in the Western Wall tunnels. Beit ha-Liba is located opposite the Temple
Mount/Haram al-Sharif. Like the construction plan in the Givati parking lot (see further below),
the plan for Beit ha-Liba includes an archaeological display on the ground floor of the building,
and three floors above; all together, a total space of some 3,700 square meters will be built.31
Excavations conducted almost continuously between 2005 to 2009 by the IAA revealed finds
from different periods, including the remains of the Mughrabi quarter that Israel destroyed in
1967, and remains from the Mamluk (13th to 16th centuries), Byzantine (4th to 7th centuries),
and Roman periods (2nd to 4th centuries), as well as a structure from the 7th century BCE. The
most important find in the area of excavation is a Roman road from the time of Aelia Capitolina,
dated to the 2nd century CE. The route of the road crosses the Old City from north to south, and
is identical with the route of Ha-Gai/Al-Wad Street.32
The construction of this building has garnered considerable opposition from various Muslim
groups who argue that it violates the status quo in the holy places. Moreover, they demand that,
in accordance with the decisions of the High Court of Justice concerning construction near the
Mughrabi Gate and with the peace treaty with Jordan, any construction in this area has to be
coordinated and undertaken in cooperation with Jordan and the Muslim Waqf. In the past, Ultra-
Orthodox rabbis also expressed opposition to the plan.33 The rabbi of the Western Wall even
stated that he will not act in opposition to rabbinic opinion, though it seems that other rabbis of
equal stature also support the plan.
In addition to these objections, a group of archaeologists from various universities has also opposed
the Beit ha-Liba project on scientific grounds. According to these scholars, the construction
of Beit ha-Liba could damage archaeological remains at the site. The IAA challenged this
position, and at the end of the day its plan was accepted and the construction was approved.34
However, responding to a petition submitted to the National Planning and Building Committee
30) A new report from Emek Shaveh is expected to be published during November 2015.
31) Y. Mizrachi, "Beit ha-Liba and the Givati Parking Lot: Archaeological Excavations and their Influence
on the Status Quo in the Old City," Emek Shaveh, 2012.
32) Sh. Weksler-Bdolah, A. Onn, "Jerusalem, the Western Wall Plaza Excavations, 2005-2009," Hadashot
Arkheologiyot 121, 2009 (in Hebrew); Sh. Weksler-Bdolah, Sh. Kiselevich, and A. Onn, "Jerusalem, the
Western Wall Plaza," Hadashot Arkheologiyot Online 127, 2015 (in Hebrew).
33) A. Cohen, "Uproar: The Sages of Israel in a Sharply-Worded Letter Against 'the New Western Wall
Project,'" Behadrey Haredim, April 2, 2012 (in Hebrew).
34) N. Hasson and Y. Ettinger, "The Disagreement Behind the Israeli Consensus," Haaretz, March 12,
2013 (in Hebrew).
The Bab al-Rahma Cemetery
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against the approval of the structure, the latter decided to reject the current plan for Beit ha-Liba,
and requested that the planners reduce the scope of the construction. Accordingly, the Committee
remanded the debate over the plans to the Regional Planning and Building Committee.35
We argue that the construction of Beit ha-Liba will cause considerable damage to the Old City
and will harm its residents. First of all, the construction will change the skyline of the Old City.
Secondly, the emphasis placed on Jewish archaeological finds that were discovered at the excavation
site,36 and the lack of attention to finds from other periods, reinforces the concern that
the construction of Beit ha-Liba will encourage the further use of archaeology as a political tool.
Archaeology used in this way creates, as it were, a timeless connection between the Jewish people
and Jerusalem, and ignores other cultures' connections to the city.
35) Y. Shuv, "Victory for the Worshipers: The Western Wall Plaza will not be Made Smaller," Behadrey
Haredim, June 12, 2014 (in Hebrew).
36) "An Ancient Hebrew Seal of Netanyahu ben Yoash," the IAA website, n.d. (in Hebrew).
The Mughrabi Bridge37
The Mughrabi bridge leads to the Mughrabi Gate, the only entrance to the Temple Mount/Haram
al-Sharif open to non-Muslims. The bridge was built along the route of an ancient rampart, and it
stretches from the Western Wall Plaza to the area where the Davidson Center excavations are underway.
The Israeli authorities have been trying for years to advance a plan to build a new bridge.
However, every attempt to renovate the bridge has been stymied by international pressure, and
has raised the concerns of the Muslim Waqf, which claims that the renovation will upset the status
quo on the Haram al-Sharif.38
In June of 2012 the IAA began rescue excavations underneath the Mughrabi Gate that were
intended to prepare the area for the construction of a new bridge. Over the course of the
excavations, they discovered remains dated from the early Islamic period (the 7th to the 10th
37) For more information on the Mughrabi bridge and the political ramifications involved in its
renovation see Emek Shaveh's report Why is the Mughrabi Bridge a Political Issue?, 2014.
38) Y. Reiter, The Holy Sites in Jerusalem's Old City: Administration Options in the Framework of a Political
Agreement, Jerusalem, 2008, pp. 9-12 (in Hebrew).
The Mughrabi Bridge
‘Beit Haliba’ and the Western Wall Plaza
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century). These layers were removed for the purpose of preparing the area for construction.
Among other activities, parts of a public structure dated to the Umayyad period (7th century
CE) were dismantled.39
At the time of this writing, the new bridge has not yet been built, and there is ongoing maintenance
work that is intended, in our opinion, to further the construction of a new Mughrabi
bridge when the plan is approved. For example, in 2013 a concrete wall was built, apparently
intended to support the bridge after the destruction of the remains of the Mughrabi quarter on
which it rested. Similarly, deep wells were drilled that were intended, apparently, for placing new
supporting columns.
In August 2014 a new wooden bridge was built with funding from the Western Wall Heritage
Foundation. In comparison with the route of the earlier bridge, this bridge follows the route of
the ancient rampart more closely and is shorter for that reason. According to sources who were
involved in the approval of this plan, the construction of this bridge is intended to facilitate the
renovation of the original structure. We would argue, however, that the goal of this construction
is to create facts on the ground that will lead to the expansion of the prayer space of the
Western Wall while, at the same time, bypassing the need for approval for the construction of
a new bridge.40
After the wooden bridge was completed, there was strong international pressure to dismantle it.
It was claimed that the bridge's construction, undertaken without the approval of the Jordanian
government or the Islamic Waqf, upsets the status quo on the Temple Mount/Haram al-Sharif. As
a result, less than two weeks after it was completed, the government ordered it to be dismantled.41
We argue that this incident is indicative of the way that archaeological excavations in the Old City
serve as means to advance plans with political ramifications that can inflame the entire region.
The Expansion of the Western Wall Plaza
In 2012 Jerusalem's local planning committee approved a proposal to enlarge the space of the
Western Wall Plaza by 600 square meters.42 According to that plan most of the expansion of the
plaza was set to occur through an underground archaeological excavation that would allow the
construction of two prayer spaces: one above ground and the second underneath. It was intended
that the project would be funded by the Western Wall Heritage Foundation, but thus far work has
39) For more information see Y. Mizrachi, From Silwan to the Temple Mount: Archaeological Excavations
as a Means of Control in the Village of Silwan and in Jerusalem’s Old City – Developments in 2012, Emek
Shaveh, 2013.
40) N. Hasson, "Wooden Bridge Built on the Temple Mount to Replace the Mughrabi Bridge," Haaretz
Online, August 14, 2014 (in Hebrew).
41) B. Ravid and N. Hasson, “PM orders removal of wooden ramp at Temple Mount, following pressure
from Jordan,” Haaretz Online, September 3, 2014.
42) Y. Eli, "For the First Time Since '77: Jerusalem's Old City to be Renovated," NRG, December 5, 2012
(in Hebrew).
not yet begun. If it does take place, the project will enable visitors coming from the Dung Gate to
reach the Western Wall Plaza or the Western Wall tunnels directly.43
The Little Western Wall
The Little Western Wall is a portion of the wall located in the Muslim Quarter in a narrow alley
at the end of a street that leads to the Haram al-Sharif. This wall is a part of the western retaining
wall of the Temple Mount; portions of it have been dated to the Second Temple period. The Little
Western Wall has been identified as the closest point to the Holy of Holies of the Temple where
Jews are allowed to pray, and since 2006 it has been recognized as a place of Jewish prayer by the
State of Israel.44
The Little Western Wall is located next to a Muslim residential neighborhood, causing considerable
friction between the populations, and various authorities have had to intervene. For example
in August of 2013 a hearing was held by the Knesset's Internal Affairs Committee that dealt with
the location of trash bins serving the Palestinian residents, and the claim by Jewish worshipers
that the bins detracted from the holiness of the site.45
In 2014, in her role as head of the Internal Affairs Committee, MK Miri Regev visited the Little
43) A new report from Emek Shaveh is expected to be published during November 2015.
44) Y. Mizrachi, From Silwan to the Temple Mount: Archaeological Excavations as a Means of Control in
the Village of Silwan and in Jerusalem’s Old City – Developments in 2012, Emek Shaveh, 2013.
45) Notices of the Internal Affairs and Environment Committee, MK Miri Regev, Chair of the Internal
Affairs Committee, in a debate over the status of the Little Western Wall: "Why don't we consider the Little
Western Wall as part of the Western Wall? It's inconceivable that trash not be removed from the site," The
Knesset, E 19, August 31, 2013 (in Hebrew).
The Little Western Wall
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Western Wall. During her visit Regev argued that it is important to enable all the religions to
conduct their prayer services in their holy places.46 This statement underlines how the discourse
surrounding the connection between archaeology and holiness allows the authorities to turn a
blind eye to the Old City's local Muslim population in the name of promoting the Judaization
of the city. Regev's statement raised grave concerns, particularly concerning the government of
Israel's policy in relation to archaeological sites, after she assumed responsibility over the IAA as
part of her appointment as Culture Minister in May 2015.
Other Projects on the Western Wall Plaza
In addition to the projects mentioned, we can point to at least two other projects that have decisive
influence on the character of the Western Wall Plaza. In the northern area of the plaza is a
two story structure called Beit Strauss. In September 2013 the IAA began excavations on the site.
No information has been published concerning the excavation's findings, or whether the excavation
has reached bedrock. Moreover leading archaeologists, including those who are members
of the board of the IAA, have expressed concern that the excavation could cause damage to antiquities
located there.47 Since the area was part of the Mughrabi quarter, it is to be expected that
structures will be uncovered from the time that the quarter was founded in the 14th century and
from earlier periods as well.
The expansion of the plaza serves as a precedent in so far as it allows the appropriation of areas in
which public activities of a civil/secular nature take place--such as the presentation of archaeological
findings--for the sake of the enlargement of prayer space on the Western Wall Plaza. This
incident is one of several cases in which public space was appropriated for the sake of prayer (e.g.
the Little Western Wall). We believe that there is a need to balance between the areas intended
for prayer and those designated for presenting the history of the city. This balance is necessary
in order to prevent religious considerations from overwhelming historical considerations here.
46) H. Ezra, "Sewage and Trath at the Little Western Wall," Channel Seven, May 19, 2014 (in Hebrew).
47) Y. Eli, "Experts: Restroom Expansion Threatens Antiquities on the Western Wall Plaza," NRG, May 28,
2013 (in Hebrew).
Excavations in Silwan
The Givati Parking Lot
The Givati parking lot is located at the northern end of the village of Silwan, opposite the City of
David visitors center and some twenty meters south of the Old City walls. In the past, the area
served as one of the only available open recreational spaces for the residents of the neighborhood.
However, since 2003 the IAA has been conducting salvage excavations at the site that are funded
by the El’ad Foundation. The excavations were first directed by Ronny Reich and Eli Shukron, and
since 2007 by Doron Ben-Ami.
These rescue excavations are part of a series of works aimed at preparing the site for the construction
of the Kedem visitors center. According to the original plan, the center was intended to
encompass over 16,000 square meters, and to serve as the entrance gate to the Jerusalem Walls
national park and the tourist sites in the Old City and in Silwan.48 However, though this plan was
approved by Jerusalem's Regional Planning Committee, it was rejected by the national oversight
committee after opposition was expressed by a number of parties, including Emek Shaveh.49
The archaeological excavations revealed a multi-layered site. Researchers discovered for the first
time the remains of a residential neighborhood (either Karaite or Jewish) from the Abbasid period
(8th to 9th centuries CE); the impressive foundations of Byzantine or Roman structures; a
large residential structure from the late Roman period (2nd to 3rd century CE); a two story structure
from the early Roman period (1st century BCE to 2nd century CE); evidence of a destroyed
layer that may possibly be dated to the destruction of the Second Temple in 70 CE; and a handful
of additional ancient remains.50
As can be seen from Emek Shaveh's earlier reports on the archaeological excavations and the
Kedem Center plan, we believe that this project is one of the most prominent examples of how
archaeology is used as a political tool to make possible the appropriation of public space for private
purposes, and to exclude the Palestinian population.
Specifically, one can see that the salvage excavation at the Givati parking lot prepared the ground
for the plan to build the Kedem Center in three ways. First of all, the depth of the excavation,
which reached more than ten meters beneath the ground, created the foundation and base for the
planned building. After the plan is approved in the various planning and building committees, it
will be possible to begin construction without any further digging. Secondly, the involvement of
the IAA in the excavation allowed the public to turn a blind eye to the political use that the El’ad
48) N. Hasson, "Despite Myriad Opposition, Giant Visitor Center Overlooking Silwan Approved,"
Haaretz Online April 3, 2014 (in Hebrew).
49) The Appeals Subcommittee, the National Planning and Construction Committee, appeals 57/14, 6/14,
66/14, 67/14, and 83/14 (Jerusalem, 2015) (in Hebrew).
50) D. Ben-Ami, Y. Ciechanowiec, "Jerusalem, Givati Parking Lot, Preliminary Report," Hadashot
Arkheologiyot 122, 2010 (in Hebrew).
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Foundation and government bodies made of the excavation, and instead to see the work as an
archaeological project of purely scientific proportions.51
Finally, correspondence between the El’ad Foundation and the IAA concerning the stages of the
construction of the Kedem Center, which was revealed in the Emek Shaveh report "A Privatized
Heritage: How the Israel Antiquities Authority Relinquished Jerusalem's Past" (2014), is instructive
of the ongoing process of the privatization of archaeology in East Jerusalem. This process,
contextualized by the handover of archaeological sites from the state to private organizations like
El'ad, turns the IAA into a contractor working according to the directives of this organization.
This leads to the destruction of archaeological finds which contradict El’ad Foundation’s desire to
justify the Silwan settlement and the expulsion of its Palestinian residents.
According to the original plan, the Kedem Center would overshadow the village of Silwan and
serve to disconnect the village from the Old City via a chain of tourist sites controlled by El'ad.52
However, as mentioned, in the appeal against this rapacious plan, the appeals committee rejected
it and remanded the deliberations to the Local Planning and Building Committee. In order
to be approved, the committee requested extensive changes in the plan, including reducing the
complex's overall area; securing free passage for those coming and going from Silwan to the
Old City; requiring that at least half of the antiquities area be exposed to the public view.53 The
committee also established an important precedent in deciding that, in opposition to what is
stated in the Antiquities Law, after the completion of the excavations at the site, the IAA must
submit its preservation plan for the approval of the Regional Committee. In this way the Local
Planning and Building Committee, for the first time, subordinated the Antiquities Law to the
planning and construction law, and opened the preservation phase to the review and criticism
of the public at large.54
In the wake of this decision we are waiting for the submission of a new building plan for the
Kedem Center that meets the requirements of the appeals committee. It is already clear that this
decision represents an important turning point in the struggle to turn Jerusalem's archaeological
remains into a means for the creation of open dialogue among the groups that share the city.
51) Y. Mizrachi, "Beit ha-Liba and the Givati Parking Lot: Archaeological Excavations and their Influence
on the Status Quo in the Old City," Emek Shaveh, 2012 (in Hebrew).
52) R. Greenberg, "A Privatized Heritage: How the Israel Antiquities Authority Relinquished Jerusalem's
Past," Emek Shaveh, 2014.
53) The Appeals Subcommittee, the National Planning and Construction Committee, appeals 57/14, 6/14,
66/14, 67/14, and 83/14 (Jerusalem, 2015) (in Hebrew).
54) Ibid, pp. 88-89.
Jeremiah's Cistern
Near the entrance to the visitors center of the City of David national park is a water cistern that
served the residents of Silwan before their homes were connected to the city water system. With
the establishment of the visitors center there at the beginning of the 2000s, the center operators
began referring to the place as "Jeremiah the Prophet's Cistern," and to present it as an example
of the cistern in which Jeremiah was thrown as punishment for his prophecy (Jeremiah 38:2-13).
However, archaeological excavations have dated the first use of the cistern to the Byzantine period
— at least one thousand years after the incident described in the Bible. In 2011 an excavation
was conducted at the entrance to the City of David visitors center that was meant to connect
Jeremiah's cistern to the Givati parking lot. During the course of the excavation the remains of a
large structure from the late Roman period (1st to 4th century CE) were discovered, along with
the remains of a wall from the Byzantine period (4th to 7th centuries); a plastered facility dated
to the end of the Byzantine period or the beginning of the early Islamic period (7th to 8th centuries);
and a paved road from the Abbasid period (8th to 9th centuries).55
In May 2012 the State of Israel and the Jerusalem Municipality approved a budget of four million
NIS for the production of a sound and light show in the cistern that would tell the story of the
55) G. Uziel, "Jerusalem, City of David," Hadashot Arkheologiyot Online 125, 2013 (in Hebrew).
The Givati Parking Lot with Silwan in the background
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prophet Jeremiah.56 Even researchers who had worked with the El’ad Foundation in the past, and
who identify with most of the presentation in the City of David visitors center, criticized the work
to prepare Jeremiah's cistern and the gap between the archaeological findings and the biblical
story as it was to be presented.57
The Spring House
This is a very long term excavation, funded by the El’ad Foundation and managed by the IAA,
ongoing in the village of Silwan since 1995. The excavation has been conducted at the bottom of
the slope of the City of David archaeological park, at the northern edge of the village and along
the channel of the Kidron valley.
The excavations at the Spring House are intended to prepare the plot that will serve visitors to
the City of David. The plan for the structure was presented during a discussion that took place
in June of 2012 in Jerusalem's Regional Planning and Building Committee, which intended to
approve an existing structure near the Um al-Daraj/Gihon spring and to enlarge it. The plan
includes the approval of the existing structure and the preparation of the plot that will serve
visitors to the City of David archaeological park, by connecting Warren's Shaft, the spring, and
the first section of a walking path in the channel. The complex includes three buildings that have
been built over the spring and beside it: the central building will gain another floor and a balcony
overlooking the valley. All together, this will add some 200 square meters. The excavations will
also reach deep beneath the ground, with the aim of creating subterranean spaces leading west.58
Though Emek Shaveh has lodged its opposition to this plan, at the time of writing there has not
yet been a public discussion of the issue.
Despite the fact that the Um al-Daraj/Gihon spring is meant to be open and accessible to all the
residents of Silwan, the archaeological excavation serves the goal of El’ad Foundation and the
Israeli authorities to turn the spring into part of a tourist route that is closed to the residents. This
plan is part of a complex of Israeli tourist sites that have been built along the northern edge of
the village of Silwan. These sites create a belt that allows Israeli tourists to cross from the Silwan
springs to the Western Wall Plaza without passing through the village of Silwan itself, and prevents
Silwan residents from reaching the Old City.
56) N. Hasson, "The State Allocated Millions to Elad's Tourim Initiative in East Jerusalem," Haaretz
Online, 29 May, 2012 (in Hebrew).
57) M. Rapoport, "Shady Dealings in Silwan," Ir Amim, 2009, p. 23; N. Hasson, "A Well of Interests in
New Excavations in the City of David," Haaretz Online, October 10, 2011 (in Hebrew).
58) Y. Mizrachi, From Silwan to the Temple Mount: Archaeological Excavations as a Means of Control in
the Village of Silwan and in Jerusalem’s Old City – Developments in 2012, Emek Shaveh, 2013.
The Tel Aviv University Excavations in Silwan
This excavation has been ongoing since 2012 in the area known as Area E, located outside the
City of David archaeological park but inside the boundaries of the Jerusalem Walls national park.
The excavation is taking place in an area full of rubble, and has failed to unearth any important
finds or remains. The excavation represents the first cooperation between Tel Aviv University and
the El’ad Foundation.
The excavation advances two central goals of El'ad. First, it allows for the expansion of the City
of David excavations towards the east, in the direction of the outskirts of Al-Bustan neighborhood.
In this way it completes the organization's takeover of the few open areas that are left in the
neighborhood. Additionally, the university's excavation burnishes the El’ad Foundation's standing
as a legitimate and professional Israeli enterprise without any apparent political leanings.
Work at the archaeological excavation of Tel Aviv University, Silwan
Excavation sites on the eastern slope of ‘City of David’, Silwan
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Summary
This report intended to show how archaeology has been used to advance political ends in the
Historic Basin of Jerusalem. As this document shows, a visitor in today's Old City should expect a
fascinating encounter with artifacts from a wide range of periods and cultures. These remains are
not only witnesses to obscure historical periods, and ancient and forgotten cultures. The way in
which these periods are presented, the interpretation given to them, and the relative importance
they are assigned reflects the use of archaeology to advance religious and political ideologies.
At first glance, an archaeological excavation seems to be an academic matter that deals with questions
of stratigraphy, the dating of finds, and even with the scientific standards of the excavation
and the professional qualities of the excavators. But as this report shows, in many instances
these questions hide an ongoing process of the appropriation of archaeology by specific national
groups. In this sense, this report sheds light on the biased process that takes archaeological remains
from Jerusalem's Historic Basin away from the general public in the name of furthering
the Judaization of East Jerusalem.
In Jerusalem's current political and social climate, the transformation of archaeological sites,
including those with significant religious importance, into political tools is disastrous. In this
atmosphere, full of suspicion and hostility, every unilateral action in the city, even the relatively
minor act of renovating a structure, can become the flashpoint for conflict that will intensify the
tension between the sides.
We propose that this use of archaeology is not irrefutable fate. In the complex day-to-day reality
of Jerusalem, archaeology can serve as a source of inspiration for constructive dialogue among
the diverse communities that share the city. The participation of local and international actors
in the consideration of development plans that include archaeological sites can serve to advance
inter-religious and multi-ethnic communication. Such activity is essential, not only for the sake
of the protection of the antiquities from physical harm, but also in order to preserve the delicate
balance that exists in the city today. A complex presentation of the archaeological narrative–as a
space of cross-cultural encounter and not only as a point of conflict and contention– can transform
archaeology into an important and meaningful asset for both residents and visitors, and can
dampen the flames of conflict. We can only hope that in coming years we will see more moderate
voices prevail, and that the authorities responsible for protecting archaeological treasures in the
State of Israel will be wise enough to preserve this valuable resource, and to use it to advance
coexistence and not polarization.
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For further information please visit the Emek Shaveh
website: www.alt-arch.org
For tours, workshops, or lectures,
please contact us at:
[email protected] or +972-(0)545-667299
www.alt-arch.org
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February 2, 2016
Update
Archaeological and Political Damage Caused by Expansion of
the Western Wall Prayer Area into the Archaeological Park
The government of Israel’s decision to extend the prayer area at the Western Wall
into the archaeological area in order to create a separate Reform and Conservative
prayer area will inflict damage on one of the most important archaeological sites in
the Old City. The decision violates the religious status quo, strengthens the ultra-
Orthodox and their activity at the Western Wall and its tunnels, and supports the
settlers in their attempt to gain control of the Davidson Archaeological Park.
Underlying the decision, presented as a compromise that will provide a solution for
the needs of all parties, are narrow interests of dominant power groups in the
present government. At the same time, the public, the antiquities and the multicultural
heritage of Jerusalem will suffer as a result of this precedent-setting decision.
Emek Shaveh has submitted a request to the Attorney General and other
individuals, demanding that the expansion plan be processed through the
planning and building committees, and subject to public discussion and
opposition.
1. The decision creates a precedent whereby an antiquities site becomes a prayer space
and a holy site. This is a violation of the 1967 decision designating the area of the
Western Wall for prayer, and allocating the area of the Southern Wall for excavation by
archaeologists and public presentation of the city’s history through the extraordinary
archaeological remains discovered there from the Second Temple through the Muslim
periods. Turning this place into a holy site is part of the process of converting spaces
formerly not reserved for religious purposes – mainly archaeological sites – into holy
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sites, a trend also witnessed in recent years in the Western Wall Tunnels, at the City of
David site in Silwan, and in other locations.
2. The government decision is a violation of the interreligious status quo in Jerusalem.
Expansion of the Western Wall Plaza into the archaeological park means the expansion
of the Jewish-religious site at the foot of the Temple Mount / Haram al-Sharif at its
southern side. International actors are not knowledgeable regarding the polemics
dividing the different streams of Judaism, and as far as they are concerned, expansion of
the prayer area is a violation of the status quo in effect until now in the Old City. These
actors will rightfully claim that just as the Muslims and Christians content themselves
with the prayer areas allocated to them, so must the Jews act accordingly despite their
internal disagreements.
3. The High Court of Justice is at present discussing the state’s petition against the transfer
of management of the Davidson Archaeological Park to the non-profit organization Elad.
This is the archaeological park on whose premises the government decided to establish
the egalitarian prayer plaza. The State Attorney’s claim in court was that administration
of the Davidson Center should not be transferred to Elad as long as no government
decision has been passed regarding the prayer plaza. Until now, the Conservative
Movement has also opposed transfer of administration of the archaeological park to
Elad until an agreement with the Conservative movement is reached. Now that a
decision has been rendered regarding the movement’s designated prayer site, we
anticipate that the state will allow transfer of the archaeological park’s management to
the settler organization. For more on this topic, see: “Far-Reaching Implications of
Historical Kotel Decision” (in Hebrew).
Transfer of the Davidson Archaeological Park to Elad will give rise to numerous political
changes. Elad will gain headway in its plans to connect Silwan with the Old City in terms
of tourism and public consciousness and to Judaize the diverse archaeological findings
in Davidson, just as it is doing in the City of David National Park. Settler control of the
southwestern corner of the Temple Mount compound is dangerous and in many ways,
detailed in Emek Shaveh’s publication Archaeological Activity in the Old City: Political
and Religious Consequences (Chapter 2).
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4. In the area slated for construction of the egalitarian prayer plaza, a road was exposed
that has been dated to the Early Roman Period – the days of the Second Temple, a
Byzantine bathhouse, and buildings of the Roman Legion including a bakery, a
bathhouse and more. In addition, ritual baths from the Roman period, and buildings
from this period were also discovered. These archaeological findings are very
instructive regarding the city’s history during the Temple Period and after the Temple’s
destruction. For example, the bakery that was unearthed supports the conjecture that
the Roman Legion was stationed at the base of the Western Wall. The Byzantine
bathhouse is evidence of the centrality of the place during this period. The fact that the
bathhouse remained in operation during the Early Muslim period is evidence of
continuity of settlement and culture, despite the transitions in government and religion.
These archaeological remains must be visible to the public eye and remain a central part
of how the city’s history is presented to the greater public. Damaging or concealing them
is detrimental to the city’s heritage.
5. Jerusalem is a World Heritage Site. Its history and antiquities do not belong exclusively
to the Jews. Israel must also take into account the millions of people around the world
who are not Jewish and who take an interest in the remnants of the city’s past.
Construction of a Jewish prayer plaza atop these archaeological remains reinforces the
sense that Israel treats world cultural treasures with disrespect and nationalist
aggression. Yesterday’s decision lends official support to the long and steady process
that wrested the Western Wall Plaza from public hands and handed it over, now outright
and for all to see, to the ultra-Orthodox. The Western Wall Heritage Foundation is the
organization that determines how the plaza is managed, causing anyone who does not
identify with Orthodox Judaism to feel alienated from it.
6. It is important to note that the Western Wall Heritage Foundation, which receives its
budget directly from the Prime Minister’s Office, is advancing unprecedented
construction in the area of the Western Wall Plaza (for example, Beit Strauss and Beit
HaLiba) and beneath the Muslim Quarter (the Ohel Yitzhak Synagogue and Western Wall
Tunnels). These projects expand the religious presence and the Orthodox narrative at
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antiquities and heritage sites that belong to the entire Israeli public and even to those
who cherish Jerusalem from around the world.
In summary, yesterday’s government decision appears to be an attempt to divide the
western side of the Temple Mount compound among a limited number of groups with
political power favored by Netanyahu: the ultra-Orthodox, the settlers, and progressive
Jewish organizations in the United States, as usual, at the expense of the broad public
interest and against Arab and international public opinion. In the coming days, we will
study the government decision and determine how it can be challenged, so that
Jerusalem’s unique historical character – whose preservation is important for the
general good – is not compromised.
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The Temple Mount/Haram al-Sharif –
Archaeology in a Political Context
2017
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Written by: Yonathan Mizrachi
Researchers: Emek Shaveh
Edited by: Talya Ezrahi
Proof-editing: Noa Granot
Graphic Design: Lior Cohen
Photographs: Emek Shaveh, Yael Ilan
Mapping: Lior Cohen, Shai Efrati, Slava Pirsky
March 2017
Emek Shaveh (cc) | Email: [email protected] | website www.alt-arch.org
Emek Shaveh is an Israeli NGO working to prevent the politicization of archaeology in
the context of the Israeli-Palestinian conflict, and to protect ancient sites as public assets
that belong to members of all communities, faiths and peoples. We view archaeology as a
resource for building bridges and strengthening bonds between peoples and cultures.
This publication was produced by Emek Shaveh (A public benefit corporation) with the support
of the IHL Secretariat, the Federal Department for Foreign Affairs Switzerland (FDFA) the New
Israeli Fund and CCFD. Responsibility for the information contained in this report belongs exclusively
to Emek Shaveh. This information does not represent the opinions of the above mentioned
donors.
>> Introduction
>> Part I | The history of the Site: How the Temple Mount became the
Haram al-Sharif
>> Part II | Changes in the Status of the Temple Mount/Haram al-Sharif
from the 19th century to the Present Day
>> Part III | Changes around the Temple Mount/Haram al-Sharif and the
impact on the Status Quo
>> Conclusion and Lessons
>> Maps
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Introduction
Immediately after the 1967 War, Israel’s then Defense Minister Moshe Dayan
declared that the Islamic Waqf would retain their authority over the Temple
Mount/Haram al-Sharif compound. This statement and the fact that the Islamic
Waqf continued in practice to manage the compound was perceived as an acquiescence
by Israel to preserving the Haram al-Sharif ’s status as an Islamic holy
site. Yet, even prior to Dayan’s declaration, Israel had begun to put facts on the
ground which would affect the independent status of the Temple Mount/Haram
al-Sharif, particularly regarding the issue of access to the site.
Since the Six Day War, the area surrounding the Temple Mount/Haram al-
Sharif has been subject to continuous development and attempts by both sides
to modify the agreements reached in 1967. The activities most familiar to the
public and which have had the greatest impact on the status quo are: the tunnel
excavations, the renovations of the al-Marwani Mosque (also called Solomon’s
Stables) and the construction of the Mughrabi Ramp. But there have also been
other, smaller-scale, actions that have contributed to creating a new reality in
and around the Temple Mount/Haram al-Sharif.
Developments in the Old City and in the village of Silwan are known to contribute
to the escalation of tensions in the area, particularly at the Temple Mount/
Haram al-Sharif. In this document we will discuss the use of archaeological excavations,
or excavations referred to as ‘archaeological’, in the political struggle
over the Temple Mount/Haram al-Sharif and its environs. Given that any physical
changes to the Old City and the surrounding area require the approval of the
Israel Antiquities Authority (IAA) - which is responsible by law for the preservation
of and oversight at antiquity sites and for approving construction or development
- it is only natural that the field of archaeology has been placed at the
forefront of the political struggle.
The Mughrabi neighborhood and the Temple Mount/Haram al-Sharif until 1967
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Part I | The History of the Site: How the Temple Mount
Became the Haram al- Sharif
Characteristics of the Site and the Religious Traditions Associated with it
The Temple Mount, or Haram al-Sharif in Arabic (meaning ‘the Noble Sanctuary’),
is a 140 dunam area (45 acres) located at the southeastern corner of the
Old City. Today it is used as a prayer and study site for Muslims and includes
some of the oldest in tact religious structures in the country. The Jewish tradition
identifies the site as the place of Mount Moriah, where the patriarch Abraham
went to sacrifice his son Isaac. The site is identified as the place where the Temple
– last destroyed in 70 CE – once stood. The Muslim tradition identifies the site
with the “Farthest Mosque” mentioned in the Quran in the beginning of Sura 17:
“Glory to (Allah) Who did take His servant for a Journey by night from the Sacred
Mosque to the Farthest Mosque, whose precincts We did bless, in order that
We might show him some of Our Signs: for He is the One Who heareth and seeth
(all things).” Such is the description of the legendary journey by the Prophet Mohammed
on his horse al-Buraq from Mecca to the “Farthest Mosque” whence
the Prophet ascended to the heavens. Judaism and Islam both identify the rock
in the Dome of the Rock mosque as the site of the biblical sacrifice of Isaac, according
to the Jewish tradition, or Ishmael according to the Muslim tradition. It
is also identified as the site where creation began (the Foundation Stone).
The Holy Precinct Today
The Haram al-Sharif/Temple Mount compound is a collection of magnificent
buildings that exemplify the very best of local lslamic architecture from the last
thousand years. The significance of the site as a holy place in the Islamic tradition
led to the construction of almost one hundred buildings on the site, built
between the 8th century CE and the 20th century. Apart from its religious significance,
the precinct is a heritage site of international importance. This fact virtually
goes unmentioned in the political and religious struggle over the precinct
and has not been given due consideration.
Scholars differ over the dating of the Temple Mount/Haram al-Sharif ’s foundations.
Most are of the opinion that at least the southern and western sections are
ancient (between the 1st century BCE to the 1st century CE). Other sections were
Sabil Qaytbay in the Temple Mount/Haram a-Sharif compound
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added later, in the Islamic period (7th century to 16th century CE) and even later.
Nine gates lead to the site. One of them, Sha’ar Harahamim or Bab al-Rahme (the
Golden Gate), is sealed off. The Mount’s supporting walls feature two smaller
gates that are not in use. Its southern wall features three sealed gates: the western
section contains a single gate, adjacent to it a double gate and the eastern section
a triple arched gate (Hulda Gates). These sealed gates face the excavations of the
southern wall.
The most well known structures on the Temple Mount/Haram al-Sharif are
al-Aqsa Mosque located in the southwestern corner, and the Dome of the Rock
located in the center of the premises. In addition, the site contains buildings used
as religious educational institutions (madrasas), memorials (the Dome of the
Rock is one of them), towers, purification structures (al-Kas) and more. Some
of the structures were built in the early Islamic period, the 8th century CE, some
were built by the Mamluks during the 14th – 15th century CE, and others during
the Ottoman period (16th-20th centuries CE). Several structures feature columns
or capitals which, judging by their style, can be dated to the Crusader or to the
Roman-Byzantine periods.
The Dome of the Rock is a memorial and today functions as a mosque. It is one
of the oldest standing Islamic structures in the world. Preserved in its original
state, not having undergone substantial modifications, it is considered to be an
artistic and architectural wonder and a cornerstone in the history of Islamic
art and architecture. Surrounding the interior is an inscription describing the
construction of the mosque in the year 691 CE, during the reign of the Caliph
Abd al-Malik Ibn Marwan (685-705) of the Umayyad Dynasty. Historians date
the construction of the al-Aqsa Mosque in the south of the precinct to the beginning
of the 8th century CE, either to Abd al-Malik’s reign, or to his son’s,
al-Walid I (705-715). The structure was rebuilt several times and last renovated
in 1035 CE during the Fatimid Caliphate, following the earthquake of 1033 CE.
Of the many domes on the Temple Mount, it is worth mentioning the Dome of
the Ascension. Located north-west of the Dome of the Rock, it marks the spot
associated with Mohammed’s ascension to the heavens. The structure is dated to
the 12th century, although some scholars say it was built in the 8th century. Another
memorial is the Dome of the Prophet, also located north of the Dome of
the Rock and built in the 16th century by Mohammed Bey. Like the Dome of the
Ascension, some date its initial construction to the 8th century. Another dome
worth mentioning is the Dome of the Chain, which is located to the east of the
Dome of the Rock and also apparently built in the 8th century by the Umayyad
Caliph Abd al-Malik.1
Other religious structures dating from the Ayyubid period (12th-13th century
CE) onward adorn the precinct, for example, the minarets at the Gate of Bani
Ghanim and minarets from the Mamluk period (the 14th century). Other unique
structures from the Mamluk period are the Summer Pulpit (Minbar al-Saif) and
the ablution fountain (called al-Kas). One of the most impressive and unique
structures on the Temple Mount is the Madrasa al-Ashrafiya. Built in the 15th
century, it is an example of Mamluk architecture at its best.2
The History of the Temple Mount/Haram al-Sharif
The Temple Mount was never methodically excavated and most of our knowledge
of its history is derived from historical texts and an analysis of architectural
styles.3 The three monotheistic faiths identify the site as the place of Solomon’s
Temple from the 10th century BCE. Some scholars also identify the site as a place
of ritual from Canaanite Jerusalem (18th-10th centuries BCE).
The most distinct antiquity linking the site with the Second Temple is the Western
Wall dating to the end of the 1st century BCE or the beginning of the 1st
century CE. It is one of the walls built to support the Temple plaza above it.4 Archaeological
excavations conducted to the south and west of the Temple Mount/
Haram al-Sharif uncovered remains of capitals, ornaments and inscriptions
which attest to the importance of the site during the early Roman period - the
time of Second Temple. The archaeological finds from these excavations, including
the rock with the inscription “To the Trumpeting Place,” reinforce traditions
1) M. Rosen-Ayalon, “An ancient source on the construction of the Dome of the Chain on the Temple
Mount” (Heb), Katedra 11, 1979, pp.184-185.
2) M. Hamilton, Mamluk Jerusalem: An architectural study, London, 1987.
3) M. Rosen-Ayalon, “The Early Islamic Monuments of al-Haram al-Sharif, Jerusalem: An
Iconographic Study”, Qedem - Volume 28, Jerusalem, 1989.
4) T. Hirshfeld, “Discovery: Sections of the Western Wall were not built by Herod,” (Heb) Ynet,
23.11.11
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that associate the Temple Mount with the site of the Second Temple.5 It appears
that part of the precinct was built in that period; however scholars are divided
over the dating of the gates. The southern wall features three sealed gates: a single
gate, a double gate, and a triple gate. Some scholars date the southern wall and
the Huldah Gates to the Second Temple period, while others date several gates in
the southern wall to the 8th century CE, the Umayyad period.6
Scholars are also divided over the question of what was built atop the Temple
Mount after the destruction of the Second Temple in 70 CE. The assumption is
that in the 2nd century CE, a pagan Roman temple was built under orders by the
Emperor Hadrian. This temple was most probably destroyed at the beginning of
the Byzantine period (the 4th century CE), and the precinct remained abandoned
until the beginning of the early Islamic period in the 7th century.7
As the Umayyad regime grew stronger at the end of the 7th century, the Temple
Mount/Haram al-Sharif was developed as an Islamic prayer site. In addition to
building memorial structures and the Al-Aqsa Mosque, the Umayyad regime
encouraged pilgrimage to Jerusalem – most probably in an effort to prevent or
decrease pilgrimage to Mecca – and in so doing enhanced the importance of the
Haram al-Sharif in Islam.8 By the end of the Umayyad period (the middle of the 8th
century), Jerusalem’s political importance in Islam had diminished. Pilgrimage
to the Temple Mount/Haram al-Sharif did not cease until the Crusader period
(end of the 11th century CE).
Unlike the Byzantine Christians who turned the Temple Mount/Haram al Sharif
into a rubbish heap, the Crusaders continued to observe the sanctity of the site,
5) B. Mazar, “Jerusalem during the House of Herod in light of the excavations to the south and
southwest of the Temple Mount” (Heb), Katedra 8, 1977, pp.29-41; O. Peleg-Barkat, “The Herodian
Architectural Decoration in Light of Finds from the Temple Mount Excavations” (Heb), Jerusalem,
PhD Dissertation, 2007.
6) R. Shani and D. Chen, "On the Umayyad Dating of the Double Gate in Jerusalem," Muqarnas 18,
2001, pp. 1-40.
7) B. Isaac, “Jerusalem from the Great Revolt to the Reign of Constantine,” pp.2-13; Y. Tsafrir, “The
Topography and Archaeology of Jerusalem in the Byzantine period,” pp.323-330 in Y. Tsafrir and S.
Safrai (eds) The History of Jerusalem: The Roman and Byzantine periods (70-638 CE), Jerusalem: 1999
(Heb).
8) A. Elad, “The Temple Mount in the early Muslim period,” In Y. Reiter (ed.), Sovereignty of God and
Man – Sanctity and the political centrality on the Temple Mount, Jerusalem: 2001, Jerusalem Institute for
Israel Studies, pp.57-109 (Heb).
converting Al-Aqsa mosque and the Dome of the Rock into a Church. The Crusaders
named the southeastern section “Solomon’s Stables.” After the Crusaders’
defeat in 1187, the Muslims returned to the Temple Mount and from the Ayyubid
period onward, promoted the sanctity of the site. During the Mamluk period
(13th-16th centuries CE), Jerusalem was not a financial or administrative center
but its religious significance intensified. Most of the structures on the Temple
Mount we see today were built during the Mamluk period as were many structures
in the area surrounding the Mount. The construction of religious monuments
on the Temple Mount/Haram al-Sharif and its environs continued during
the Ottoman period (16th-20th centuries CE) and in Jerusalem many Islamic endowments
transferred their income to the Haram al-Sharif.9
9) Y. Reiter, “Sanctity and Politics in the history of the Temple Mount,” Sovereignty of God and Man –
Sanctity and the political centrality on the Temple Mount, Jerusalem: 2001, Jerusalem Institute for Israel
Studies, pp.5-13. (Heb)
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Part II | Changes in the Status of the Temple Mount/
Haram al-Sharif from the 19th century to the Present Day
Access to the Temple Mount: Changing Policies
From the early 1st century CE through the end of the 19th century the Temple
Mount/Haram al-Sharif had been off-limits to various populations. During
Roman and Byzantine times Jews were prohibited from ascending the Mount.
From the 7th century onward, with the exception of the Crusader period (12th
century), the Temple Mount/Haram al-Sharif was closed to non-Muslims. This
policy changed only in 1885, when high-ranking Christian visitors were permitted
to enter the site. Another shift in policy took place in the early 20th century
when the Mount was opened to non-Muslims. The prohibition on non-Muslims
was reintroduced during the British Mandate period. Following the Six Day War
(1967), it was decided to continue the British Mandate policy of maintaining the
autonomy of the Islamic Waqf at the Mount. Today non-Muslims are permitted
to ascend the Mount only through the Mughrabi Gate. Orthodox Judaism, including
the Chief Rabbinate, opposes Jews’ ascension to the Temple Mount for
religious reasons - the concern that Jews might step on the site of the Holy of Holies
(which no one was allowed to access in the times of the Temple apart from
the High Priest on the Day of Atonement). The exact site of the Holy of Holies
on the Temple Mount remains unknown. In the Second Intifada (2000-2005),
the Waqf prohibited non-Muslim visitors from ascending the Mount entirely but
then replaced it with a prohibition only on entering the mosques (Al-Aqsa and
the Dome of the Rock).
Changes to the Precinct: From 1967 to the Opening of the Western Wall
Following the Six Day War, the State of Israel began a process of transforming the
area west of the Western Wall and south of the Temple Mount/Haram al-Sharif.
As a first step, the Mughrabi neighborhood that abutted the wall was completely
demolished on the eve of the 8th of July 1967, two days after the end of the war.
The neighborhood, first built in the 13th century, was completely destroyed apart
from several houses on its western periphery, and the area was transformed
Al-Kas and the Dome of the Rock
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into the Western Wall prayer plaza.10 UNESCO criticized the destruction of the
neighborhood, which had featured some of the most ancient and important Islamic
structures in Jerusalem (al-Buraq Mosque, the Madrasa al-Afdaliya and
others), and had played an important part in the history of the Old City and in
defining the connection between the Maghreb and Jerusalem. According to the
Muslim tradition, the first inhabitants of the quarter were Muslim soldiers in the
army of Saladin.
Israel’s consent to leaving the Waqf with the responsibility for managing the
Temple Mount/Haram al-Sharif came with a few significant modifications. The
Madrasa al-Tankiziya (the 'Mahkamah') building, located near the Chain Gate
and overlooking the Temple Mount/Haram al-Sharif, was turned over to the
Israeli authorities as were the keys to the Mughrabi Gate.11 Israel’s demand to
be in control of the Mughrabi Gate was initially rejected by the Islamic Waqf,
which had claimed that responsibility for the gates cannot be detached from
the responsibility for the premises as a whole. But after some negotiations and
pressure by the Israeli authorities, responsibility for the Mughrabi Gate was
transferred to the Israeli police. These decisions, in addition to the decision to
leave access via the Mughrabi Gate free of charge for non-Muslims have been
the basis for the physical and administrative changes in the status of the Temple
Mount and its surrounding area.12 Police presence at the al-Tankiziya (Mahkamah)
building means it can supervise activities on the precinct, while the
Mughrabi Gate enables Jews to enter the Temple Mount. Access by Jews to the
Mount has, over the years, expanded into a demand for additional rights such
as the right to pray on the Mount.
In 1968, an archaeological excavation was initiated to the south of the Temple
Mount/Haram al-Sharif. Conducted by the Hebrew University, it was one of the
first major excavations in the area. The excavations around the southwestern
corner of the Temple Mount/Haram al-Sharif yielded remains from various periods
in the history of Jerusalem including burial sites from the Abbasid period,
10) Y. Reiter and J. Seligman, "1917 to the Present: Al-Haram al-Sharif/Temple Mount and the
Western Wall," O. Grabar and B. Z. Kedar (eds.), Where Heaven and Earth Meet: Jerusalem's Sacred
Esplanade, 2010, pp. 251.
11) N. Al-Jubeh, "1917 to the Present: Basic Changes, but not Dramatic: Al-Haram Al-Sharif in the
Aftermath of 1967," in O. Grabar and B.Z. Kedar (eds.), Where Heaven and Earth Meet, p. 275-277.
12) Ibid, pp. 277-281.
structures from the Umayyad period, and remains from Byzantine and Roman
times. In addition, remains and facilities were discovered dated to the Second
Temple/early Roman period.13 The excavation area has been preserved as an archaeological
park to the present day. Visitors must pay a fee to enter the area
through the Davidson Center.
In 1969 excavations in tunnels, today termed the “Western Wall Tunnels,” began,
extending from the Western Wall plaza to the north and along the wall which
delineates the Temple Mount/Haram al-Sharif. The excavations, carried out by
the Ministry of Religious Affairs were not conducted in a scientific manner and
lacked appropriate archaeological oversight.14 They created a new underground
level around the Temple Mount/Haram al-Sharif; and even then were perceived
as a threat to Muslim rights over the Temple Mount/Haram al-Sharif.
In 1981 tensions rose when workers on behalf of the Western Wall administration
dug a tunnel in an area called “Warren’s Gate” in the direction of the Temple
Mount itself.15 Conflict ensued between representatives of the Islamic Waqf and
the administration of the Western Wall. The Israeli authorities ordered the gate
sealed with concrete. Criticism of the changes Israel had introduced to the area
surrounding the Temple Mount was one of the reasons UNESCO decided to
declare Jerusalem as a World Heritage Site in Danger in 1982.16
Another significant change in the status of the Temple Mount followed the signing
of the peace treaty between Israel and Jordan in 1994, when it was stated that
Israel recognizes the historical role of Jordan at the holy sites. It was decided that
a permanent peace agreement between Israel and the Palestinians would take
Jordanian interests and its historical responsibility for the holy sites into account.
In practice, Jordan continues to pay the salaries of the Waqf employees, and is
13) H. Geva, "List of Major Archaeological Activities in Jerusalem, 1967-1992," Ancient Jerusalem
Revealed, 1994, pp. 325-330.
14) N. Al-Jubeh, "1917 to the Present: Basic Changes, but not Dramatic: Al-Haram Al-Sharif in the
Aftermath of 1967," in Grabar and Kedar Where Heaven and Earth Meet, p. 276.
15) During excavations in the Western Wall tunnels, an opening leading to a cistern was discovered
located under the Sabil Qaytbay, and thus the Western Wall workers found themselves under the
Temple Mount esplanade, close to the Dome of the Rock.
16) N. Al-Jubeh, "1917 to the Present: Basic Changes, but not Dramatic: Al-Haram Al-Sharif in the
Aftermath of 1967," in Grabar and Kedar Where Heaven and Earth Meet,
p. 257.
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the central authority with whom Israel negotiates all things concerning the Temple
Mount/Haram al-Sharif.
Israeli excavations and destruction of built-up areas since 1967 in the area
around the Temple Mount/Haram al-Sharif have completely transformed the
landscape of the Old City. From densely built Palestinian neighborhoods reaching
the walls of the Temple Mount/Haram al-Sharif, the area has been converted
into a non-residential space, part of which (the Western Wall plaza) serves as a
place for prayer, part of which is an archaeological park, known as the “southern
wall excavations” (the Davidson Center), and large parts of which have given
way to excavated tunnels creating historical attractions that center around the
narrative of the Temple and its importance in the history of the people of Israel.
Israeli activity has drawn massive Israeli presence to these places, and tensions at
the Temple Mount/Haram al-Sharif and its immediate environs have increased.
The Events of 1996: Renovations of Al-Marwani Mosque/“Solomon’s
Stables” and the Destruction of Antiquities on the Temple Mount
In 1996, following the inauguration of the Western Wall Tunnels extending
towards the Via Dolorosa, riots broke out in which tens of Israelis and Palestinians
lost their lives. The riots impaired cooperation between the Israel
Antiquities Authority (IAA) and the Islamic Waqf. Representatives of the IAA
confess that since the beginning of 1996 it has been difficult to implement archaeological
oversight over the Temple Mount/Haram al-Sharif.17 At the same
time, works were carried out by the Islamic Waqf on the Al-Marwani Mosque
to build a prayer area beneath the platform in the southeastern section of the
precinct, east of Al-Aqsa Mosque.18 The renovation works at the Al-Marwani
Mosque were conducted using heavy machinery that caused significant damage
to antiquities. Many tons of earth removed from the site were dumped into
the Kidron Valley, the Abu Dis dump, and other places. The works were probably
conducted without archaeological oversight.19 The State Comptroller’s report
from 2011 discusses failings in overseeing the works and in the process of
obtaining licenses to conduct development works at the Temple Mount in the
years 2001-2007: “Significant failings were found in implementing oversight
over most of the works during the period to which this report refers (2001-
2007). These works were undertaken without any prior coordination with the
authorities in charge with law enforcement at the Temple Mount and without
receiving the necessary approval or permits as required.”20
It appears that amongst Israeli and Palestinian professionals no one questions
the fact that antiquities were indeed destroyed in the course of renovating the
Al- Marwani Mosque, but each side interprets the developments differently. Israel
views the destruction of antiquities from the point of view of Israeli law and
an understanding that the Temple Mount is in an area under Israeli jurisdiction.
The Palestinians claim that not only had there been agreements between Israel
and the Waqf concerning renovations of the Al-Marwani Mosque, but that the
17) G. Avni and J. Seligman, “The Temple Mount 1917-2001, Documentation, Research and the
Preservation of Antiquities, Jerusalem,” 2001 (Heb); “Solomon's Stables, the Temple mount, Jerusalem:
The Events Concerning the Destruction of Antiquities 1999-2001” Atiqot 56, pp. 33-53.
18) The works were conducted in cooperation with the Islamic Movement in Israel.
19) J. Seligman, "Solomon’s Stables, The Temple Mount, Jerusalem," 'Atiqot 56, p. 42.
20) State Comptroller’s report for 2010, ‘The issue of works at the Temple Mount’, 2011, pp.1843-1844.
The entrance to Al-Marwani Mosque
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Temple Mount/Haram al-Sharif should be regarded as an Islamic space which is
subject to Jordanian law.21 According to Jordanian law, the Jordanian Antiquities
Authority does not have the right to oversee works by the Islamic Waqf at the
Haram al-Sharif, and the same is true for the Israel Antiquities Authority.22
The Al-Marwani Mosque (“King Solomon Stables”) is located in a space bordering
the Hulda Gates and the southern wall excavations conducted by Israel in the
years 1968-1982. Following the opening of the Western Wall Tunnels, the Waqf
grew concerned that Israel was planning to open the Hulda Gates in order to convert
“King Solomon Stables” into a Jewish prayer site.23 From the point-of-view
of the Waqf, the Jews had objected to the renovations at Al-Marwani Mosque not
because antiquities were destroyed, but because Jewish groups had designs on the
space and were hoping to build a synagogue in the sacred precinct.24
It is difficult to assess the degree of destruction to antiquities at the Temple Mount/
Haram al-Sharif for several reasons. First, in the absence of an archaeologist
during the works, there is no one to offer a professional opinion on the matter.
Second, the strong criticism over the destruction at the site is probably motivated
by a desire shared by many to see Israel gain full sovereignty over the Temple
Mount/Haram al-Sharif. At the same time, the Waqf is working intentionally
to strengthen Muslim control over the Mount. Its considerations are primarily
political and protecting antiquities is not a top priority. Over the years many
reports and articles were published discussing the magnitude of the destruction
and the importance of the finds destroyed. It seems that most of the remains
which were damaged date to Islamic periods, beginning with the Umayyad
Dynasty (7th century) through to the Ottoman period (the 19th century).
This is the opinion held by archaeologists from the Israel Antiquities Authority.25
The assumption is that during the works conducted by the Waqf, some remains
21) J. Seligman, "Solomon’s Stables, The Temple Mount, Jerusalem," 'Atiqot 56, p. 41.
22) For more information about the lack of involvement by the Jordanian authorities in the
administration of the precinct see Y. Reiter & J. Seligman, "1917 to the Present: Al-Haram al-Sharif/
Temple Mount and the Western Wall," Grabar and Kedar. Where Heaven and Earth Meet pp. 244-248.
23) Y. Al-Natshe, The Al-Marwani Mosque – “Between Past Goals and Future Threats,” Tourism and
Antiquities Administration - The Waqf, Jerusalem 2012 (Arabic).
24) N. Al-Jubeh, "1917 to the Present: Basic Changes, but not Dramatic: Al-Haram Al-Sharif in the
Aftermath of 1967," in Grabar and Kedar. Where Heaven and Earth Meet, p. 281.
25) J. Seligman, "Solomon’s Stables, The Temple Mount, Jerusalem: The Events Concerning the
Destruction of Antiquities 1999–2001," 'Atiqot 56, pp. 33-53
dating to the Second Temple Period were also damaged, but it appears that these
were few, and of an unknown quality.26
In 2000 a “Public Committee against the Destruction of Antiquities on the Temple
Mount” was established 27 and recruited an impressive list of Knesset members,
public figures, leading writers and intellectuals, as well as figures identified
with the Israeli Left 28 who had come out against the destruction of antiquities at
the Temple Mount. Much of the criticism voiced by the committee focused on
the destruction of remains from the Second Temple period. Although growing
religious extremism and nationalism in Jerusalem has distanced many of the
original committee members from the committee or from its activities,29 the list
of supporters can testify to the widespread interest amongst the Israeli public in
the archaeology of the Temple Mount/Haram al-Sharif.30
The renovations in the Al-Marwani Mosque led to growing pressure and criticism
of the Israeli authorities and a demand for closer oversight over activities
on the Mount. Although Jewish groups working to change the status quo at the
Temple Mount/Haram al-Sharif had existed prior to the Al-Marwani renovations,
since then, complaints about the destruction of antiquities have been used
to galvanize support and serve as the main justification for those arguing to defend
the Temple Mount and its heritage which, they allege, is being destroyed by
the Islamic Waqf.31
26) Ibid, p. 45.
27) The internet site of the “Public Committee Against the Destruction of Antiquities on the Temple
Mount” (http://templemountdestruction.com/e/Home/tabid/160/Default.aspx, accessed 15 Dec, 2014).
28) The Internet site of the “Public Committee Against the Destruction of Antiquities on the Temple
Mount,” Committee Members.
29) N. Hasson, “Intellectuals deny association with Temple Mount Pressure Group,” Haaretz, 19
February, 2014.
30) See also the signatories of the petition, A call to prevent additional destruction of antiquities on
the Temple Mount in Jerusalem (Heb.) (http://www.echad.info/templemount/letter.htm, accessed 15
Dec, 2014).
31) Information about the Jewish groups active at the Temple Mount can be found in a report by Ir
Amim and the Keshev Foundation: Y. Beer “Dangerous liaison – the dynamics of rise of the Temple
movements and their implications,” (Heb) March 2013.
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The Temple Mount Sifting Project in the Tzurim Valley
Since 2005, there is an ongoing project called “The Temple Mount Sifting Project”
offering experiential activities for students and other visitors in an area outside
the Old City, called “Tzurim Valley” at the foot of the Palestinian neighborhood
of A-Tur. The soil for sifting purportedly originates in debris removed from
the Temple Mount/Haram al-Sharif in the wake of major construction work
conducted by the Waqf without archaeological oversight. The project receives
the support of the Elad Foundation (a settlers’ organization that also manages
the visitors’ center at the Mount of Olives and the archaeological site ‘The City
of David’). The sifting project is not an archaeological excavation and has no
scientific value. Its stated aim is to discover remains from the Temple or other
Jewish antiquities, but in practice very little earth has been sifted, and from every
possible perspective it cannot provide credible information about the extent
of destruction at the Temple Mount/Haram al-Sharif. This is an example of a
project that combines concern for antiquities with a religious, national and political
agenda.32 The average number of visitors to the sifting project annually is
approximately 20,000.33 In October 2016, Prime Minister Binyamin Netanyahu
declared government support for the project in response to a UNESCO decision
on Jerusalem which was perceived by Israel as an effacement of Jewish history.34
If this support is translated into funding it will mean an increase in the number
visitors, presumably students and soldiers.
32) R. Greenberg and Y.Mizrachi “Archaeology on a slippery slope: Elad's sifting project in Emek
Tzurim National Park,” Emek Shaveh 2012; G. Barkai and Y. Zweig “The Temple Mount Sifting
Project,” New Studies on Jerusalem E. Baruch, Z.Greenhut, and A. Faust (eds.), 2006.
33) Y. Shapira, State Comptroller, the Management and Operation of tourism site in the Old City
basin in Jerusalem, State Comptroller’s Report 67a. p.39 (Heb), November 2016.
34) N. Hasson, Amid UNESCO flap, Israel will Sponsor Rightist NGO's Temple Mount Project,
Haaretz, 21 October, 2016.
Part III | Changes Around the Temple Mount/Haram
al-Sharif and the Impact on the Status Quo
The summer of 2014 saw unprecedented developments in works conducted by
Israeli authorities in the area around the Temple Mount/Haram al-Sharif.35 In
August, Israel began building a new temporary ramp for non-Muslim visitors to
ascend the Temple Mount. Several days later, following pressure by Jordan, Prime
Minister Binyamin Netanyahu gave instructions to dismantle the ramp stating
that its construction was undertaken without the knowledge of the Prime Minister’s
Office.36 The subject of constructing an entryway is a political issue which
first emerged when the previous Mughrabi bridge collapsed in 2004. Since then,
Israel has been trying to reach an agreement with the Jordanian government
and the Waqf about building a new bridge.37 The issue of the Mughrabi bridge is
linked to the question of who controls the entrances and passages to the Temple
Mount/Haram al-Sharif. As mentioned, today the temporary ramp is the only
place through which non-Muslims can enter the Temple Mount and is under the
jurisdiction of the Israeli police.
The question of who controls the gates to the precinct is significant and any modifications
constitute a change in the status quo. Israel frequently justifies restricting
entry to or exit from the precinct citing “security needs” and claims this does not
in any way undermine the status of the Islamic Waqf. But, the fact is that police
restrictions do have major implications for the question of who is in charge of the
Temple Mount/Haram al-Sharif and the freedom of worship on the Mount.
Both the decision to build the Mughrabi ramp without first coordinating with
the Jordanian government and the Islamic Waqf, and the tensions around the
gates demonstrate that even if these activities were undertaken without the
knowledge of the Prime Minister’s Office, they were driven by efforts to increase
Israeli control over access to the precinct and by a conviction that the time has
come to create unilateral facts on the ground.
35) Emek Shaveh, “Construction of a New Temporary Ramp Beside the Mughrabi Ramp,” 15 August
2014.
36) B. Ravid and N. Hasson “PM orders removal of wooden ramp at Temple Mount, following
pressure from Jordan,” Haaretz, 3 September, 2014.
37) A discussion of the Mughrabi Ramp by Emek Shaveh in “Why is the Mughrabi Ramp a political
issue?” 9 September, 2014.
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The Western Wall Tunnels
The "Western Wall Tunnels" are the most extensive archaeological-tourism project
in the Old City. The entrance to the tunnels is located in the Western Wall
Plaza. The tunnels run north ending at the Via Dolorosa in the Muslim Quarter,
near the al-'Umariya School. The tunnels are not necessarily recognized as religious
or sacred. However, according to regulations on safeguarding the Jewish
holy places from 1981, the Western Wall and the adjacent plaza—including every
overpass or underground passageway with an entry point at the plaza—are
holy places. 38 That is, the fact that the tunnels originate at the Western Wall
Plaza means that legally they are considered to be sacred spaces appended to the
Western Wall.
Excavations of the Western Wall Tunnels began in the late1960s and continued,
with some interruptions, to the present day. Since 2004, the archaeological activities
continue almost non-stop.39 The excavations are carried out beneath land
owned by Jewish organizations and under the houses of Palestinian residents of
the Muslim Quarter.40
The central significance of the Western Wall Tunnels for the Jewish people is that
they exposed the northward extension of the Western Wall foundations. Visitors
are impressed by a wall constructed of massive stones - the outer foundations
of the Temple Mount/Haram al-Sharif. This foundation wall is associated with
King Herod’s renovation of the temple in the 1st century BCE (in fact, he rebuilt
it). The wall is the most impressive testimony to the magnificence and size of the
Second Temple, destroyed in 70 CE. Along the extension of the Western Wall,
tunnels and additional spaces were excavated, most of them from later periods.
There is a major discrepancy between the manner in which the Western Wall
Heritage Foundation presents the tunnels to the public and the research findings
from the excavations as they appear in the published scientific literature. The
common assumption for most researchers is that the underground spaces were
38) Regulations on Protecting Jewish Holy Sites, 1981.
39) For information about the tunnel excavations and their political implications see: “Underground
Jerusalem: The Excavation of Tunnels, Channels and Underground Spaces in the Historic Basin”, Emek
Shaveh, September 2015.
40) The first excavation began in 2004, see H. Barba and T. Deadle, Jerusalem, “The Ohel Yitzchak
Synagogue”, Archaeological News 119, 2007; A. Onn and S. Wexler Bdoulah and R. Bar Nathan,
Jerusalem, The Old City, Wilson's Arch and the Large Bridge, Hadashot Archiologiyot 123, 2011 (Heb).
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consecrated in 2007.45 In addition, in the southern section of the tunnels, facing
the Western Wall foundations and near Wilson's Arch, a women's prayer area
known as 'Ezrat Nashim' was authorized in 2006.46 This area was not officially
declared as a synagogue but it is visited by many devout women at all times of
the day. Another synagogue is planned for an underground chamber referred
to as the “Model House”. The construction of the synagogue is funded by the oil
company belonging to the Israeli millionaire, Yitzhak Tshuva, and his daughter
was hired as the architect.47
One of the largest spaces in the Western Wall Tunnels excavated in recent years
is a hammam (bathhouse) from the Mamluk period (14th century CE). This
space, which has undergone extensive conservation, has been recently converted
into an interactive museum. Called “The Journey to Jerusalem”, the museum
is dedicated to telling the story of Jewish pilgrimage to Jerusalem throughout the
generations,48 thus completely ignoring the historical significance of the site in
which it is situated.
The experience at the Western Wall Tunnels reinforces a Jewish religious narrative,
one that talks about a yearning for the Temple Mount while ignoring
the non-Jewish chapters of the site’s story. All of the following indicate that the
Western Wall tunnels are considered first and foremost a Jewish sacred space:
the location of the entrance near the Western Wall, the route along the foundations
of the wall, the synagogues and the proliferation of places of worship
along the route, the requirement to dress “modestly,” and the placing of notes
between the stones.
45) Shragai N., “A new place to pray: 97 meters from the Holy of Holies,” Haaretz, 25 September 2007
(Hebrew); Conservation Department, “Jerusalem, The Old City, Western Wall Tunnels, The Rabbi Getz
Synagogue, Conservation and renewal", Israel Antiquities Authority website.
46) Conservation Department, “Conservation Works on Wilson's Arch”, The Website of the
Conservation Department at the Israel Antiquities Authority.
47) “The Western Wall Administration: The Oil Company donated the money, Tshuva's daughter will
design the project”, Emek Shaveh, February 2016.
48) “A tourist site dedicated to the Jewish people’s longing for Jerusalem was launched in the Old City’s
Muslim Quarter in a 14th century structure from the Mamluk period”, Emek Shaveh, August 2016.
built throughout the various Islamic periods. For example, the suggested date of
the covered “secret cave,” which now serves as the main entrance to the tunnels, is
the early Islamic period (Abbasid period, 8-9 century CE onwards).41 Excavators
consider the main spaces of the Western Wall Tunnels to belong to later periods,
particularly the Mamluk period onwards (beginning in the 13th century CE).42
The streets and buildings beneath the Muslim layers are dated to the Late Roman
period (2nd-4th centuries CE) or the Byzantine period (4th-7th century CE)43.
Additionally, there are remains, particularly cisterns and baths dated to the early
Roman period (also known as the Second Temple period). Archaeologists agree
that most of the remains post-date the destruction of the Second Temple. However,
the narrative related to visitors at the Western Wall Tunnels focuses almost
exclusively on the history of the Temple Mount - the holiest site in the Jewish tradition
- thus diverging from the story emerging from the antiquities. The tunnels
route includes several stations which feature the Temple Mount at the center of
the story: the enormous foundation wall for the Temple Mount/Haram al-Sharif,
identified with the original stones of the temple; the doorways blocked over the
years and identified as entrances to the Temple, and more.
Several synagogues and places of prayer are found inside the tunnels, which
the visitors pass through or walk alongside. Typically, the guide points out
the location and importance of the synagogues. During excavations in the
Western Wall tunnels in the 1970s, an underground cavern was converted into a
synagogue; today it is named after Rabbi Getz, the first rabbi of the Western Wall.
The synagogue is located in the tunnel section identified as the closest to the Holy
of Holies of the Jewish Temple. The proximity of the synagogue to the sanctuary
endows it with a greater significance, particularly in certain ultra-Orthodox
circles that use it as a place of worship.44 The synagogue was renovated and re-
41) Solomon, A and H. Barbé, “When was the Secret Arch from the Western Wall built?”
unidentified PDF publication, 2014, pp. 82-107 (Heb).
42) D. Bahat, “The Western Wall Tunnels,” Qadmoniot 1993, 101-102, pp. 38-48 (Hebrew); D. Bahat
“New interpretations in the research of the Western Wall Tunnels,” 2007, Qadmoniot 133, pp. 41-47.
43) Solomon and Barbé, “When was the Secret Arch from the Western Wall built?” unidentified PDF
publication, pp. 82-107 (Heb).; A. Onn and S. Wexler-Bdolah (2010), “Remains of the eastern Roman
Cardo in the Western Wall Plaza,” Qadmoniot 140, 2010, pp. 109-132.
44) “The Western Wall Heritage Foundation started renovating the synagogue in the Western Wall
Tunnels.” Western Wall Heritage Foundation website, 3 June 2007.
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location by the Temple Mount/Haram al-Sharif, the site had always been managed
by state authorities.51 Uri Ariel, currently Minister of Agriculture, is the
minister most closely identified with the struggle to change the status quo on the
Temple Mount. As former Housing Minister, Ariel spoke about the need to build
the Third Temple.52 On the other hand, the Elad Foundation makes no declarations
regarding the Temple Mount. The foundation's activities around the area
seemingly focus only on archaeological activities that strengthen the Israeli public's
relationship with the Temple Mount. For example, one of Elad’s key ventures
is the aforementioned “Sifting Project” which involves sifting the debris dug out
by the Islamic Waqf during its development work on Al-Aqsa in 1996-1999. The
project takes place in East Jerusalem, and visitors are welcome to sift the dirt and
discover archaeological finds, whose scientific value is a matter of dispute.53
51) Government Decision no. 2925, from government meeting on 19 December 2004 regarding
changing the Western Wall Heritage Foundation into a government foundation.
52) H. Barouch, Minister of Housing: Build the Temple at the Temple Mount, Arutz 7, 4 July, 2013
(Heb).
53) Greenberg, R. and Y. Mizrachi, “Archaeology on a Slippery Slope”, Emek Shaveh, 2012.
Davidson Center - Antiquities at the Heart of the Struggle Over “The
Egalitarian Wall” and the Elad Foundation
For Whom is the Egalitarian Wall at the Davidson Center Intended?
The Western Wall Heritage Foundation rejected a demand by “Women of the
Wall” to be given the right to conduct egalitarian prayer at the women's section
of the Western Wall plaza. As a result, a compromise was reached to dedicate a
prayer site to Conservative and Reform Jewish women south of the Mughrabi
ascent, in an archaeological park known as the “Davidson Center” (Robinson's
Arch area). In 2013 a large podium was built over the archaeological remains.
The prayer area reduced the antiquities site, and in recent years has become a
popular place for performing bar and bat mitzvahs and prayers.
Archaeological excavations conducted in the area from the 1970s exposed
structures from different periods. The most notable are street remains dated to
the Second Temple period (1st century CE), facilities associated with the Tenth
Legion of the Roman army, remains from the Byzantine period (4th-7th century
CE), the Umayyad period (7th or 8th century CE) and later Islamic periods.
The dedication of a prayer area in an archaeological park, which has hitherto
served to tell the story of the Old City through archaeological evidence, reflects
a growing pattern in Jerusalem of subordinating a secular historical perspective
to the religious Jewish story. The public's growing regard for the area as a holy
site is attested to by the bar and bat mitzvah events taking place there, even by
families that do not identify with the Reform or Conservative movements, and
the placement of notes in the crevices between the stones, as is the custom at
the Western Wall.49
Minister Uri Ariel Promotes the Elad Foundation at the Davidson Center
In early 2014, during the tenure of Uri Ariel (Jewish Home Party) as Housing
Minister, the Company for the Reconstruction and Development of the Jewish
Quarter (under the Ministry of Housing) which owns the Davidson Center
signed an agreement to transfer the management of the archaeological park to
the Elad Foundation50 (Map 1 no.6). Up until that point, due to the site's sensitive
49) These are notes that Jews traditionally place between the stones containing prayers, requests or
supplications from the divine.
50) Emek Shaveh, “Press Release: The Ministry of Housing acted against the Attorney General in case
of ‘Davidson Center’ in Old City of Jerusalem,” 24 March 2014.
The Davidson Center and al-Aqsa
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at the entrance to Silwan.55 Its construction is based on the ‘Establish a Bible
Center in Jerusalem’ bill from 2012, which authorizes the establishment of a
corporation whose purpose is “gathering, preserving, developing and caring for
the Bible and the cultural treasures, art, spirit and philosophy imbued in it, for
the Jewish people and Israeli society.”56 The idea of building a complex that will
feature biblical stories and their centrality for the people of Israel at the entrance
to the village of Silwan underlines an attempt to promote the importance of the
City of David Archaeological Park as a biblical site. Despite the plan to build the
complex atop archaeological excavations, as of writing no significant remains
from biblical periods have been discovered at Givati. The Israeli government
and the Elad Foundation see the Bible Center as a key element in the struggle
for the identity of Silwan and the areas surrounding the Temple Mount. Even if
the archaeological remains from other historical periods will be preserved and
presented to the public, they will be minor in relation to the structure towering
above them and to the power of the story about the birthplace of the people of
Israel and their historical rights to the land that will, no doubt, dominate the
visitors’ experience.
The construction plan for the Kedem Center which is due to house the Bible
Center, has been vetted by various planning committees for at least six years.
The developers (the Elad Foundation and the Israel Nature and Parks Authority)
seek to build a 16,000 sqm., seven-story complex on an area of approximately 4
dunam. The height of the building, planned above the archaeological excavation
area known as the “Givati Parking Lot”, would reach an elevation of about
two meters below the highest point of the nearby Old City walls.57 I n May
2015, the National Planning and Building Committee’s appeals sub-committee
decided to significantly reduce the size and limit the uses of the building.58 But
following political pressure by the Minister of Justice Ayelet Shaked, it was
decided to hold a rehearing at the National Council for Planning and Building
in March 2016. Once reconvened, the Council approved the maximal version
55) Prime Minister’s Office: Cabinet Approves Moving Forward on the construction of a Bible
Museum, 20 May 2012.
56) Bill proposed by Ronnie Bar-On and Binyamin Ben-Eliezer: Establish A Bible Center in
Jerusalem, 2012, 18th Knesset.
57) The Government Decided to Build the "Kedem Compound" in Silwan, Emek Shaveh, 2013.
58) Press release: A Hard Blow to the Elad Initiative and the Mayor of Jerusalem concerning the
Building of the Kedem Compound, Emek Shaveh, 7 June 2015.
In April 2014, the Attorney General's Office petitioned the Court against the
agreement between Elad and the Company for the Reconstruction and Development
of the Jewish Quarter, and won in the Magistrates Court. In the appeal
filed by Elad to the District Court, the latter accepted Elad’s position and decided
to grant Elad the right to manage the site.54 Following that decision, the state
appealed the district court’s decision to the high court. As of writing the present
document, the high court has not yet ruled on the issue.
Managing the Davidson Center will allow Elad to strengthen the link between
the Palestinian village of Silwan - located just across from the Temple Mount/
Haram al-Sharif - and the Old City, particularly the Western Wall plaza. Visitors
to the Davidson Center can now continue to Silwan through an ancient
drainage channel that has been excavated and opened to the public. Elad conducts
public tours via the drainage channel that connects the two sites and that
runs along the southwestern corner of the Temple Mount/Haram al-Sharif
compound. Elad continues to fund the digging of additional underground tunnels
and routes, which will link the various sites under its management. The
Kedem Center ((see below) - a tourist compound that Elad plans to build at the
entrance to Silwan (Map 1 no. 2) - will, according to the plan, link the ‘City of
David’ National Park with the Davidson Center and the Western Wall plaza.
Assuming that the foundation will manage the Davidson Center as it does the
City of David, it is expected to invest millions in archaeological excavations and
in developing a tourist center showcasing remains associated almost exclusively
with Jewish history. Such activity is likely to increase inter-religious tension in
the most sensitive spot in the region.
The Elad Foundation and the Israel Nature and Parks Authority in the
Village of Silwan
Bible Center Blurs Distinction Between Archaeological Evidence and Faith
In May 2012 the Israeli government decided to look into the establishment of a
Bible Center inside the planned Kedem Compound which is slated to be built
54) Hasson, N. “Settler Group Wins Right to Run Jerusalem Archaeology Park After Appeal,” Haaretz,
13 October 2015.
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any scientific papers been published which can corroborate this assumption or
form the basis for a discussion.60 Yet, even the Israel Antiquities Authority presents
the tunnels as part of this ancient pilgrimage route, as can be seen in their
public relations video.61
If Elad is given the rights to manage the Davidson Center, the “route of the Pilgrims”
will, no doubt, become even more significant. The southern wall of the
Temple Mount/Haram al-Sharif compound features three gateways with visible
arches that have been blocked for centuries. These gates are identified as the Hulda
Gates. Some scholars date them to the Second Temple period or to the early
Islamic period. Walking the route which begins at the al-Hamra/Shiloah Pool
to the Hulda gates, a visitor will be able to follow in the footsteps of the Jewish
pilgrims in antiquity almost to the route’s final destination.
60) See video: “Herodion Road from Shiloah Pool to the Western Wall”, City of David, April 5 2012.
61) The Israeli Antiquities Authority, “The Discovery of the Route from the Siloam Pool to the
Temple”, 26 January, 2011 (Heb).
of the plan - 15,000 sqm. - as it had been approved originally by the district
planning committee.59
From King David to the Second Temple Period
An examination of the archaeological excavations conducted in the past decade
in Silwan by the Israeli Antiquities Authority and which are funded by the Elad
Foundation reveals a trend to showcase the layer known to the Israeli public as
the “Second Temple Era”. This is a Jewish-Israeli term referring to a period of
about 200 years during Roman rule in the area - from the first century BCE to 70
CE - when the Jewish rebellion against the Romans failed and ended with the destruction
of the Second Temple. Although according to the Jewish tradition, the
Second Temple was built centuries earlier by the Babylonian exiles who returned
to their homeland, the century and a half prior to its destruction - the days of
the Judean Hasmonean kings and King Herod - are considered the glory days of
Israel in Judea. The key sites excavated in the last decade are the Givati Parking
Lot in the north (where Elad intends to build the Kedem Center - see separate
section) and south of the site - al-Hamra Pool - called by the settlers the Shiloah
Pool. The pool is adjacent to al-Bustan neighborhood excavated by the IAA in
the 2004-2005, and has been closed to residents ever since. Both excavation sites
are strategic for the settlers. Shiloah/al-Hamra Pool is located at the bottom of
the Wadi Hilweh slope before it becomes the al-Bustan neighborhood, delineating
the southern edge of the City of David archaeological site. The Givati parking
lot, the planned location for the Kedem Center, is at the northern entrance to
Silwan, facing the Old City and the Haram al-Sharif/Temple Mount.
In between the pool and the Givati Parking Lot lie underground tunnels which
are under excavation. These are presented to the public as the ancient “pilgrimage
route”, the road which served the pilgrims on their way to the Temple, after
they purified themselves in the Shiloah Pool. There is no certainty regarding the
dating of the drainage channel or other facilities discovered at the site, nor have
59) Press Release: Political Pressure led to reconsideration of the Kedem Compound – this time under
more favorable conditions to the settlers, Emek Shaveh, March 14, 2016, and Press Release: Decision
to Approve Elad’s “Kedem Compound” Plan in Silwan Awakens Fear of Extreme Politicization of
Planning and Building Institutions”, Emek Shaveh, March 30, 2016.
Archaeological excavations at the foot of the Southern Wall and mikvehs (ritual bathhouses) after
conservation
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character of the cemetery and the use of the land continued into 2016. In December
the INPA prevented the burial of a child in the central section of the
cemetery who passed away following an illness.64 The cemetery’s location adjacent
to the eastern wall of the Temple Mount/Haram al-Sharif is possibly Israel’s
main reason for taking these measures. It seems that the conflict over Muslim
burial in the cemetery is part of the struggle over the character of the Old City in
general and the Temple Mount/Haram al-Sharif area in particular.
64) Y. Avraham, “Tension in Jerusalem: Funeral of a 9 year-old was terminated”, Mako, 6 December
2016 (Hebrew)
The isolation of archaeological sites in Silwan from their contemporary environment
via fencing or underground routes, heightens the visitor’s experience of
walking in the footsteps of a Jewish pilgrim during Jerusalem’s Second Temple
Period. This experience is detached from the multicultural legacy of the Roman
street (the one called the “Pilgrim’s route” by Elad). The people at the Elad Foundation
are creating an imaginary historical reality that is shaped by their religious
beliefs and nationalist goals, rather than by the archaeological finds and
other historical evidence.
The Israel Nature and Parks Authority at Bab al-Rahma Cemetery
The Muslim cemetery Bab al-Rahma is adjacent to the eastern wall of the Haram
al-Sharif/Temple Mount compound (see Map 1 no. 13). The struggle over the
identity of the cemetery and who is in charge of it has been ongoing for more
than a decade. The Public Committee against the Destruction of Antiquities on
the Temple Mount, which brings together Israeli right-wing archaeologists with
scholars and lawyers, is a major player in this battle. In 2005, the Committee petitioned
the High Court of Justice against the State of Israel for failing to enforce
the ban on burials in the southern part of the cemetery.62 The basis for the claim
is that the cemetery is a declared antiquities site and part of the “Jerusalem Walls”
national park. Therefore, digging and burial constitute damage to antiquities.63
While the cemetery of Bab al-Rahma is included in the Jerusalem Walls National
Park, the latter does not include the Christian cemetery in the Valley of
Jehoshaphat or the Jewish cemetery on the Mount of Olives. The fact that the
Muslim cemetery was included within the park area now enables the INPA to
manage the cemetery under the National Parks Act, and in so doing limit access
to, and strive to stop burial at the site.
The INPA has argued that the fence is designed to prevent the expansion of the
cemetery into the Jerusalem Walls National Park. In the eyes of Palestinians in
the city, fencing is a political response by the Israeli authorities to the presence
of Palestinian-Muslims near the Temple Mount/Haram al-Sharif. The fence was
vandalized by Palestinians almost as soon as it was put up. Tensions over the
62) High Court of Justice 7800/05 and 7192/04.
63) N. Shragai, Temple Mount Politics Make Strange Bedfellows, Haaretz, 16 May, 2006 and Shragai,
N., The State Fought Illegal Muslim Burial at the Foot of the Temple Mount, Haaretz, 21.06.2009 (Heb).
Bab al-Rahma
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Sharif, and objections to the restrictions placed on Muslim worshippers.66 In the
draft resolution, the Western Wall is referred to by its Islamic name, “al-Buraq”,
and “The Western Wall” appears in quotation marks. Yet, this draft resolution
is relatively moderate, compared to the resolution passed a year earlier which
referred to the Western Wall plaza as “al-Buraq plaza” completely ignoring the
site’s centrality in the Jewish tradition.67 For Israelis and Jews around the world,
the Western Wall is considered a remnant of the Temple. Even though it is
not explicitly stated in the draft resolution, which was submitted in the name
of the Palestinian Authority, it definitely implied that the Jewish nation has no
attachment to the site. As far as Israeli Jews are concerned, the meaning of such
a resolution is that the Palestinians and their allies are not to be trusted, and that
therefore they should not be handed responsibility over Jerusalem’s antiquities
or sites that are sacred to multiple faiths. The way Israelis and Jews interpret this
kind of statement is that given a chance, the Palestinians will destroy and erase
Jewish heritage in Jerusalem and override the historic rights of the Jewish people.
66) Draft Resolution No. 25, 200th Session of the UNESCO Executive Board, October, 2016.
67) Draft Resolution No. 32, 197th Session of the UNESCO Executive Board, October, 2015.
The Palestinians, the International Community and UNESCO
The Palestinian Authority (PA) owes whatever influence it has in Jerusalem to
international recognition of its political rights in East Jerusalem and the Historic
Basin. One of the key ways by which the PA has leveraged power has been its
membership with UNESCO (since 2011). This membership has complex ramifications
in all that pertains to Jerusalem. As far as the UN is concerned, East Jerusalem
and the area of the Old City are occupied territory, and therefore, recognition
of Palestine means recognition of Palestinian sovereignty in the Old City of
Jerusalem. Jerusalem is recognized by UNESCO as a World Heritage Site (1981)
and as a World Heritage Site in Danger (1982). As a result, the organization sees
itself as a stakeholder in the city, and in the past, UNESCO prepared a plan for
protecting the Old City’s cultural heritage (Action Plan for the Safeguarding of
the Cultural Heritage of the Old City of Jerusalem). 65
UNESCO’s activity in Jerusalem is often met with difficulties because of the need
to coordinate with various authorities: Israel, which is the sovereign country,
Jordan, which is responsible for the Temple Mount/Haram al-Sharif, and the
Palestinian Authority.
UNESCO’s recognition of East Jerusalem as part of Palestine enables the PA to
work via the organization to advance decisions against Israeli policy in Jerusalem.
Official draft resolutions must be submitted by the member states of the UNESCO
Executive Board. The board comprises elected member states that serve for a
number of years (usually between two and four). Since Palestine is not a member
of the Executive Board, draft resolutions on Jerusalem are submitted in its name
by states that support it. For example, in October 2016, Algeria, Egypt, Lebanon,
Morocco, Oman, Qatar and Sudan submitted a draft resolution to the UNESCO
Executive Board (Draft Resolution 200) protesting Israel’s infringement on the
Muslims’ right of worship in Jerusalem and the undermining of Jerusalem as
a world heritage site. Their criticism, most of which is justified, focused on
different construction projects in the city, such as the Kedem Center in Silwan
and Beit Haliba at the Western Wall. The draft resolution included a demand
to dispatch a professional delegation that would investigate how best to protect
historic sites in Jerusalem, sections concerning the protection of the Haram al-
65) The plan was drafted by UNESCO in 2003 and its implementation began in 2004.
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When reviewing Israeli involvement in East Jerusalem in general and in the area
surrounding the Temple Mount/Haram al-Sharif in particular - i.e. the Old City
and the village of Silwan - there can be no doubt but that Israel is interested in
expanding its presence and entrenching its authority over the area. The Israeli
authorities and settler NGOs invest their best efforts in transforming Silwan into
a tourist site and into the Israeli settlement of “The City of David”. At the same
time, the Old City is undergoing unprecedented development of a nature which
prioritizes Jewish belonging and the Jewish people’s historic rights to Jerusalem.
In Bab al-Rahma there are attempts to prevent the burial of Muslims through the
application of the National Parks Law. The volume and pace of archaeological
works and development for tourism is in striking contrast with the years of neglect
of the Palestinian population. These processes in the city solidify an Israeli
vision that ancient Jerusalem should remain under Israeli sovereignty forever.
The demand to change the status quo at the Temple Mount is a result of these
processes. If Israel modifies the landscape in and around the Old City and expands
and entrenches its presence in the area surrounding the Temple Mount,
then it should come as no surprise that the next logical step would be to affect
changes on the precinct itself. Even if Israel officially distances itself from Jewish
groups who ascend the Temple Mount and are demanding a change in the
status quo, its activities around the precinct and even in the Temple Mount
itself reflect an intention to prepare the ground for a significant change in the
current situation.
In the present reality, characterized by trends towards greater nationalism and
religious intensification, it is necessary to take measures that will restore trust
and cooperation between the sides. In our opinion, a significant part of the archaeological
projects conducted around the Mount heightens tensions and
creates a reality whereby the precinct is increasingly isolated from its Muslim
believers. Israel ought to refrain from unnecessary archaeological excavations
and cease the controversial tunnels project. It must allow freedom of worship,
including Muslim burial within the Bab al-Rahma cemetery.
UNESCO has the capacity to become an international conciliator between the
sides, although this would require the Arab countries to recognize that radicalization,
even terminological, harms the Palestinian interest in Jerusalem first
and foremost by contributing to radicalization on the Israeli side.
Conclusion and Lessons
The Temple Mount is the most sacred site to the Jewish people. Despite this and
because of it, large parts of the religious establishment are opposed to Jewish
pilgrimage to the Temple Mount and to changing the status quo. The Temple
Mount/Haram al-Sharif complex has been under the management of Islamic religious
entities for almost 1,000 years, the most obvious expression of which is
the diverse architectural styles characterizing the structures built on the precinct
over the centuries.
The Temple Mount/Haram al-Sharif has seen many changes over time, but beginning
with the 8th century, and particularly after the defeat of the Crusaders in
the 12th century, it evolved as a holy site for Muslims. The most significant changes
occurred immediately after the 1967 War: on the one hand Israel continued
to respect the status of the Islamic Waqf on the Temple Mount, but on the other
hand it created the conditions for changing this status. The most well known of
these is Israel’s control over the Mughrabi Gate and the positioning of a police
headquarters in the Mahkamah building, which overlooks the holy precinct.
Immediately after the Six Day War Israel created a new area around the Temple
Mount: The Mughrabi Quarter was destroyed, archaeological excavations took
place all along the southern wall of the precinct, and later underground excavations
extended from the Western Wall plaza under the Muslim Quarter, and
along the western wall of the Temple Mount/Haram al-Sharif. During the excavations
of the tunnels there was at least one incident when excavators penetrated
under the area of the Temple Mount itself.
The next most significant change took place in 1996 with the opening of the
Western Wall Tunnels and the works on Al-Marwani Mosque, in the area called
“Solomon’s Stables” underneath Al-Aqsa Mosque. Some Jewish groups seek to
convert that space into a Jewish place of prayer. Encouraged by the political orientation
of the present government, these groups are motivated to intensify their
struggle to increase Jewish presence at the Temple Mount. In recent years, public
criticism of the destruction of antiquities at the Temple Mount by the Waqf has
increased and with it a delegitimizing of the Waqf ’s role in administering the
site. These dynamics have led to the attempt, in the summer of 2014, to rebuild
the Mughrabi Ramp and modify the opening hours at the gates to the Temple
Mount/Haram al-Sharif.
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Maps
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2017 >>
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Circumventing Red Lines:
The Paradigmatic Shift in Israel’s Policy on Jerusalem
19. July 2018 by Betty Herschman, Yudith Oppenheimer
Over the past several years, the government of Israel has intensified its twopronged
Jerusalem strategy to consolidate control over East Jerusalem
while eroding Palestinians’ hold on the city. This dual approach is being carried out both on the
periphery of the city and within the heart of East Jerusalem – the Old City and surrounding band
of Palestinian neighbourhoods. Israel is actively working to redraw the boundaries of Jerusalem
through legislation and political proposals to both territorially and demographically reshape the
city. In parallel, it is asserting its power in the core of East Jerusalem by promoting an
unprecedented number of touristic settlement initiatives inside Palestinian neighbourhoods,
advancing evictions and uprooting Palestinian families, demolishing homes (throughout East
Jerusalem), tolerating pressure from messianic Temple movements to challenge the status quo
on the Temple Mount/Haram al Sharif, stepping up policing activities under the guise of
‘governance’ and compounding stress on everyday life for Palestinians in the city.
Alongside these under-reported developments, the Israeli government continues to assert new
facts on the ground through its steady, seemingly inexorable erasure of the Green Line. While
maintaining resistance against settlement expansion in East Jerusalem and the adjacent
settlement blocs is crucial – particularly in the red line areas of E-1 and Givat Hamatos – any
practicable analysis of the situation on the ground must meaningfully acknowledge and
incorporate these less prominently recognised trends in the core of the city and on its perimeter,
as well as the changing international political environment in which they are occurring. Policy
recommendations for both improving life conditions in the city – for the Palestinians whose
residence in Jerusalem is being daily challenged and also for the residents of the city as a whole
– and salvaging the two-state solution must be informed by a clear understanding of two decisive
mutually reinforcing dynamics:
1) A shift in the Israeli political landscape from a post-Oslo/post-Second Intifada paradigm of
‘conflict-management’, under the pretence of receptiveness to a two-state solution, to Israel
now taking steps to unilaterally determine the permanent terms of the conflict – terms that
exclusively reflect the agenda of the Israeli right wing and that substitute annexation and
entrenched occupation of an unsustainably fragmented Palestinian space for an agreed upon
solution.
2) A radical shift in US policy in the Middle East that is serving to diplomatically and symbolically
buttress Israel’s policy on Jerusalem. Whether or not a prospective Trump plan (viable or not)
reaches the table, the move of the US Embassy to Jerusalem, appointment of a US
ambassador to Israel with widely known links to the settler movement, and the president’s
casual declaration that ‘Jerusalem is off the table’ have already considerably destabilised
conditions for any prospective peace process.
To illustrate the immediacy of the causal effect of US policy: President Trump, in his November
2017 unilateral declaration on Jerusalem as capital of Israel, stated that his intention was to simply
acknowledge the current reality in the city (a problematic assertion in itself given the unresolved
conflict in Jerusalem), without taking any clear position on the borders of the city. But the context
in which the president made his declaration immediately invalidated his pledge not to take a
position on borders. For months, members of Knesset and the Israeli cabinet had been advancing
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numerous bills and plans to unilaterally alter the boundaries of the city toward their own political
and demographic ends. Within 24 hours of Trump’s declaration, one of those bills came back onto
the Knesset agenda and by early January, it had passed into law with minor modifications. The
president’s declaration therefore provided thrust for three determinative trends on the ground
today.
Trend #1: Unilateral plans to redraw both the territorial and demographic borders of
Jerusalem in order to cement the reality of a Greater Jerusalem already physically outlined
by the route of the Separation Barrier.
Goal one: Changing the territorial borders of Jerusalem
In June and July 2017, two bills were introduced to the Knesset by members of the coalition:
Amendment 2 to the Basic Law: Jerusalem, Capital of Israel and the Greater Jerusalem (or
Daughter Sub-municipalities) Bill. Together, these bills (one since enacted into law, with minor
modifications) were designed to substantively alter Jerusalem’s boundaries toward the goal of the
de facto annexation of the three settlement blocs surrounding Jerusalem: Gush Etzion, Ma’ale
Adumim/E-1, and Givat Ze’ev. Depending on the proposal, these blocs would be subsumed under
state or municipal (Jerusalem) authority; in the latter case, by artificially adding some 140,000
settlers to Jerusalem by eventually granting them the right to vote in municipal elections1.
Goal two: changing the demographic borders of Jerusalem
Beyond the goal of annexation is the intention to transfer some 120,000 Palestinian permanent
residents of the city (1/3 of the entire Palestinian population of East Jerusalem) who live within
the municipal boundary but were left outside the Separation Barrier when it was erected2. These
Jerusalemites would remain physically in place but the boundary would be pulled in to leave them
outside of municipal jurisdiction. In other words, although the land on which they live would remain
under Israeli sovereignty, it would no longer be considered part of Jerusalem. The Palestinians
living in the neighbourhoods beyond the Barrier are already obligated to enter a checkpoint to get
into their own city; under new plans, they would be removed altogether.
1 For an in-depth analysis of unilateral bills, plans and legislation, see Ir Amim’s comprehensive policy paper,
“Destructive Unilateral Measures to Redraw the Boundaries of Jerusalem” (https://bit.ly/2m1olqL).
2 See Ir Amim’s seminal report, “Displaced in their Own City: The Impact of Israeli Policy on Jerusalem on the
Palestinian Neighborhoods of the City beyond the Barrier.” (https://bit.ly/2dUc69K)
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Recommendation: While serious actions must be taken to oppose Israeli steps to annex
additional territory (either to a state or to a municipal body), pressure must likewise be brought to
bear on moves designed to transfer Palestinians from Jerusalem via plans to reinvent the
boundaries of the city. In parallel, steps must be taken to fortify the Palestinian collective
existence in the city within and outside the Barrier through substantial economic investment,
protection of permanent residency status, promotion of planning rights, and political and financial
support for Palestinian institution building.
It is important to stress that meaningful economic investment in East Jerusalem must not come
at the expense of a viable political resolution to the conflict or be used to solidify plans to redefine
the boundaries of the city. A recently announced government plan to invest 1.8 billion shekels in
East Jerusalem must be carefully analyzed and closely monitored to ensure that 1) resources will
be equitably invested in the neighborhoods beyond the Separation Barrier, often omitted from
proposals to increase budgetary support to East Jerusalem; and 2) investment is not used as a
system of carrots and sticks to deepen control over the Palestinian population, e.g. by premising
educational funding on adoption of the Israeli curriculum.
Trend #2: Consolidating Israeli control over the Old City and its surroundings
The private settlement compounds being built in the Old City and its circumference (where roughly
2,500 settlers are now quartered) cannot be quantitatively compared to settlement building in the
ring neighborhoods of East Jerusalem but qualitatively, they have disastrous implications for
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Palestinians in Jerusalem, the relationship between Palestinians and Israelis in Jerusalem, the
two state solution, and the Old City as home and historic center of the three major monotheistic
world religions.
The essential components of Israel’s policy in and around the Old City include:
1) State sponsored private settlement in the hearts of Palestinian neighbourhoods – legal,
administrative and financial support of radical settlers and their organised campaigns to evict
Palestinians and take over their homes
a. In Sheikh Jarrah, where plans were frozen for many years prior to a major
announcement of plan promotion last year, there are now 75 families at risk of eviction.
The settler leading the crusade is a city councilperson.
b. In Batan al-Hawa, Silwan, an entire community of up to 100 families is at risk of
eviction; some 17 have already lost their homes.3 This wholesale campaign is the
single largest settlement takeover operation since the annexation of East Jerusalem
in 1967.
c. The General Custodian, in charge of managing the disposition of assets owned by
Jews prior to 1948 (a right reserved for Jews only), has repeatedly demonstrated bias
by favoring Jewish trusts that claim ownership of Palestinian homes. While these
trusts may have once been linked to original Jewish owners, they are now run by
settlers who have no established connection to them. In this way, the state is directly
abetting the development of settler compounds within the hearts of Palestinian
neighbourhoods in and around the Old City.
2) Touristic settlement, via both direct Israeli management and privatization of sites to radical
settlers, enables Israel to impose a singular Jewish nationalist narrative onto the Old City and
environs – a narrative with the power to influence the hearts and minds of hundreds of
thousands of people a year, from Israeli school children to tourists from around the world. At
the same time as altering the religious and cultural character of the area, these plans wreak
physical damage to the environment by imposing massive new structures (prospectively
including a theme park-like cable car line being fast tracked outside of the customary planning
process) onto the delicate fabric of the Old City and surrounding neighbourhoods.
3) While a major topic unto itself, it is important to note here the pressures on the status quo at
the Temple Mount/Haram al-Sharif – another example of the state working in cooperation
with radical, ideologically motivated groups. In this case, the state is helping to bolster Temple
Movement activists who are mission driven to topple the status quo, as a means of deepening
the Israeli presence and challenging current arrangements, including Muslim management of
the holy site. Exemplifying this pattern, just last week Prime Minister Netanyahu announced
that he would lift the ban – in place since 2015 – on government ministers and Knesset
members making ascents to the Mount, resulting in immediate visits by prominent right wing
figures. These ‘visits’ are the short-term manifestation of a radical agenda promoted by
Temple Movement activists who seek to fundamentally change arrangements at the holy site
and in the long-term, to realise construction of the Third Temple.
3 For more on government-settler collusion in East Jerusalem, see “Broken Trust: State Involvement in Private
Settlement Building in Batan al-Hawa.” (https://bit.ly/2dSAcmc)
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Recommendation: It is vital that the traditional calculus of settlement building be readjusted to
1) treat these coordinated efforts to consolidate control of the Old City and surrounding Palestinian
neighbourhoods with the same urgency afforded to settlement building throughout the whole of
East Jerusalem; 2) ensure a holistic response that regards private settlement inside the Old City
Basin and touristic settlement not as individual phenomena but as multiple elements of a unified
and politically lethal strategy.
Recommendation: Cultural, religious, and academic institutions and professionals can serve an
important role in researching, reporting on, and advocating for the safeguarding of the pluralistic
and multicultural nature of the Old City; preventing touristic settlement building; halting evictions
and demolitions; and protecting and strengthening the Palestinian community in and around the
Old City.
Trend #3: Attack on the Palestinian home – both individual and collective – in the city
The goal of Israeli policy on East Jerusalem is to control not only the land but to control its people
– more specifically, to erode the Palestinian presence in the city and Palestinians’ right to the city,
on both an individual and collective level. Pressures being brought to bear on Palestinians, both
as individuals/families and as a collective include:
 Since 1967, Israel has revoked the permanent residency status of more than 14,600
Palestinians. Revocation of permanent residency has become a primary tool for displacing
Palestinians from the city. The unilateral plans already discussed aim to transfer more than
120,000 Palestinians from the city, effectively revoking their permanent residency status.
 The number of demolitions in East Jerusalem has skyrocketed over the last several years.
In 2016, the number of demolitions tripled from the prior year to a record 203 and last year to
173 (half of them home demolitions). The Municipality claims most of these demolitions are
for unpermitted building.
 On the flipside is Israel’s near complete suppression of Palestinian planning and building
in service to its demographic goals. Palestinians face enormous hurdles in obtaining building
permits – even after expending their own personal resources to finance professional plans –
putting individual families at risk of home demolition and thwarting the growth and
development of the Palestinian community as a whole.4
 The burden on Palestinian culture: The closure of Palestinian cultural and political
institutions since the Second Intifada leaves the community without critical communal
infrastructures. No more than 20 Palestinians are allowed to gather for cultural events. This
past Ramadan, several Musaharati – responsible for the call to prayer – were detained. This
is but a sampling of the ways in which authorities obstruct Palestinians’ freedom to enjoy their
cultural and religious life in the city.
 Arguably, the most significant threat to Palestinian culture is the perpetuation of gross
disparities in Jerusalem’s education system. There is a current dearth of more than 2,600
classrooms in East Jerusalem and, consequently, there are now more children attending
‘recognized but unofficial’ schools (private or for-profit institutions licensed by the state but
offering a substandard curriculum, often in unregulated buildings) than municipal schools.
Moreover, funding for Palestinian education is often contingent on acceptance of the Israeli
curriculum.
4 See Ir Amim’s and Bimkom’s joint report, “Deliberately Planned: A Policy to Thwart Planning in the Palestinian
Neighborhoods of Jerusalem.” (https://bit.ly/2LjbxYc)
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Recommendation: Substantive actions and investments must be made to build the capacity of
the Palestinian community to resist displacement from the city – including but not limited to
strengthening of Palestinian institutions, protection of permanent residency status, reduction of
socio-economic disparities in the city, and confronting endemic discrimination in the planning
process that prohibits the growth and development of Palestinian communities.
Trend #4: The steady creep toward annexation of the settlement blocs adjacent to
Jerusalem
It is imperative that heightened vigilance be directed to the intensifying trends described herein –
in the core of the city, on its boundaries, and against the Palestinian community throughout the
city. Simultaneously, those committed to a two state solution must hold the line of defense against
the two settlement projects widely considered to be the principal threats to the viability of a twostate
solution: 1) the E-1 plan for construction of almost 4,000 housing units and large-scale
commercial and industrial development next to Ma’ale Adumim, which would fatally break
contiguity between East Jerusalem and the West Bank on the eastern flank of the city; 2) the plan
for 2,600 housing units in Givat Hamatos, considered to be the linchpin in Israel’s strategy to
decisively entrench its control over the southern perimeter of the city. Last year, industrial drilling
for the purpose of soil analysis signaled the looming potential to announce building tenders in
Givat Hamatos. While large-scale construction plans in the E-1 area have not been advanced
since the end of 2012, over the last several years Israel has conducted various activities
prerequisite to construction, including completion of the northernmost section of the Eastern Ring
Road and checkpoint, and legally paving the way for the long threatened expulsion of the Bedouin
community in Khan al-Ahmar, only recently delayed due to strong local and international protest.
Recommendation: While sustaining pressure against the evacuation of the Bedouin community
in Khan al-Ahmar, steps must also be taken to prevent the tendering of Givat Hamatos and to
proactively address the myriad developments prerequisite to construction in the red line areas,
including national park plans to physically bridge Jerusalem and E-1 and road infrastructure
projects designed to route settlers from the West Bank into Jerusalem while diverting Palestinians
from the city and a future settlement in E-1. Such plans are ostensibly harmless but in fact
essential to the realization of E-1; and the steady, incremental advance of these plans should be
cause for apprehension, particularly in light of a US silence that renders long established red lines
increasingly tenuous.
FINAL POLICY RECOMMENDATIONS
In the absence of a permanent solution to the conflict in the foreseeable future, the two national
groups in Jerusalem – Israeli and Palestinian – will continue to share a complex urban reality
dependent on a delicate weave of symbiotic relations. In this reality, policies should be adopted
to enhance the living environment in the city and the personal security of all its residents and to
reduce, to the extent possible, factors that exacerbate tension in the city.
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Particularly in light of rapidly shifting dynamics on the ground – in Israel and externally, as
expressed by mounting challenges to the established international consensus on principles of a
two state solution as they pertain to Jerusalem – we advocate adoption of the following policy
recommendations:
1) Immediate and determinative steps to challenge unilateral plans to redraw the boundaries of
Jerusalem in order to satisfy Israeli territorial and demographic goals
2) Pressure on the Israeli government to secure a full stop on evictions in the Old City and its
circumference – most critically, in Sheikh Jarrah and in Batan al-Hawa, Silwan, where an
entire community of roughly 600 men, women and children are at risk of displacement. Recent
protests have demonstrated the effectiveness of intervention in Khan al-Ahmar; determined,
proactive measures must also be brought to bear in Batan al-Hawa, which has equally
disastrous implications in terms of both humanitarian and political impact.
3) In tandem, challenges to Israel’s use of touristic settlement to secure its dominance over both
the physical space and historical narrative of archeological and holy sites in the Old City and
its surroundings
4) Sustained pressure to halt home demolitions in East Jerusalem
5) Substantive actions and investments to build the capacity of the Palestinian community to
resist displacement from the city – including but not limited to strengthening of Palestinian
institutions, protection of permanent residency status, reduction of socio-economic disparities
in the city, and confronting endemic discrimination in the planning process that prohibits the
growth and development of Palestinian communities
6) Meaningful economic investment in East Jerusalem but not at the expense of a viable political
resolution to the conflict; and with respect to Israeli investment, not leveraged to strengthen
any new borders of Jerusalem aimed at annexation and transfer
7) Substantive improvements in living conditions and security for all Palestinians in Jerusalem –
both inside and outside of the Separation Barrier
8) Robust efforts to protect the pluralistic and multicultural nature of the Old City and its
surrounding environment
9) The creation of channels for residents of both parts of Jerusalem and their respective political
leaderships, with the assistance of the international community, to work as partners in
determining the future of the city
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History and Significance of the Church
The Nea Church is situated at the southern end of the Jewish Quarter. It was built in the 6th century
CE by the Byzantine Emperor, Justinian I, and its full name is the New Church of the Theotokos. The
construction of this church constituted one of the largest building enterprises in Jerusalem in the
Ancient World. In order to build the church, Justinian I ordered the construction of an artificial lot by
filling in the slopes of Mount Zion. The church stands partly on the bedrock and partly on fill1.
The Nea Church
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Even though the church was recognized in the literature, its location was unknown until it was
discovered by Professor Nahman Avigad, as part of his excavations of the Jewish Quarter during
the 1970s. The church extended over 147X58 meters (the size of a soccer field)2. The locations of
the various remains give an indication of the original size of the church: its northeast corner was
unearthed in the vicinity of Batei Hamahase (the area of the 19th century shelters for the poor) from
whence it stretches east, beneath the parking lot of the Jewish Quarter and the Resurrection Garden.
Its southeast corner was unearthed outside of the current Old City walls. It is visible from the B’nai
B’rit Garden.
The construction of the church symbolized Jerusalem’s most significant golden age. The city
flourished and enjoyed a time of relative peace that prevailed in the region throughout the Byzantine
period. The church housed the many crusaders who visited the city3. The decision of Justinian I to
call it the Church of Theotokos (In Latin: Mother of God), reflects his position in the theological
controversy over Mary Mother of Jesus, and if she indeed gave birth to a son of flesh and blood who
became a God or whether she gave birth to a God, directly from the womb4.
Another reason for building the church was Justinian I’s desire to reconstruct the beauty and splendor
of the Second Temple, and even surpass as a way of stating Christianity’s superiority over Judaism5.
According to some sources, Justinian I commanded that the treasures from the Temple, which were
looted during its destruction, be returned to Jerusalem. Some even believe that these treasures were
placed within the church and additional excavations in its cellars are likely to expose them6. There
are even claims that Justinian I ordered that all the pillars of the destroyed temple be used for the
construction of the church7.
The stairs leading to the cellars
The Apse - currently on the property of a school in the Jewish Quarter
The vaults, reinforced with modern concrete
A vault in the cellars of the Nea
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According to a study by Oren Gutfeld, who analyzed the artefacts discovered in the excavation of
the Nea Church, the latter was in use even after the Byzantine period, at least until the Umayyad
period (the 7th and 8th centuries CE)8, and possibly even during the Abbasid period (the 9th and 10th
centuries CE). Once it was no longer in use, the church was forgotten and knowledge of its location
lost until it was unearthed in the excavations of the Jewish Quarter after the city was conquered in the
Six Day War in 1967.
Status of the Site’s Preservation
Despite the historical and archaeological importance of the church, it stands neglected and forgotten.
Other sites which were unearthed during archaeological excavations in the Jewish Quarter after the
conquest of the Old City were preserved and developed into major tourist sites. Yet, the Nea Church
has undergone very little conservation. The gate to its enormous halls is locked. In order to visit
them, it is necessary to coordinate a time in advance with the Company for the Reconstruction and
Development of the Jewish Quarter in the Old City of Jerusalem. These requests are usually denied.
According to the Company, the reason requests are denied is due to the lack of resources to develop
and maintain the site; but in light of the extensive development works and preservation undertakings
of archaeological and historic sites concerning the quarter’s Jewish history, it is reasonable to wonder
whether the reason it has been neglected may also have something to do with government entities
who are wary of emphasis on other religions, particularly in the Jewish Quarter.
Emek Shaveh approached the Company for the Reconstruction and Development of the
Jewish Quarter at the beginning of 2019, demanding that the site be made safe and accessible
to visitors. Several weeks later, press releases came out indicating an intention to by the
government to invest 200 million shekels for the development of the Jewish Quarter9. The
Company for the Reconstruction and Development of the Jewish Quarter responded to our
query several days after we approached them saying that they are looking into our demand.
© Emek Shaveh, February 2019
This report was produced with the support of the European Union (EU).
Responsibility for the information contained in this report belongs exclusively
to Emek Shaveh and does not necessarily represent the opinions of the EU.
1. Gutfeld, O. 2012 Discussion and Summary, In Gutfeld, O (ed) Jewish Quarter Excavations in the Old City of Jerusalem Conducted by
Nahman Avigad, 1969-1982. Vol V: The Cardo (Area X) and the Nea Church (Areas D and T), Final Report . Jerusalem: Israel Exploration
Society and Institute of Archaeology, Hebrew University of Jerusalem, pp. 487-491.
2. Gutfeld, O. 2012 The Nea Church: (Areas D, T): Stratigraphy and Architecture. In Gutfeld, O. (ed) Jewish Quarter Excavations in the Old
City of Jerusalem Conducted by Nahman Avigad, 1969-1982. Vol V: The Cardo (Area X) and the Nea Church (Areas D and T), Final Report .
Jerusalem: Israel Exploration Society and Institute of Archaeology, Hebrew University of Jerusalem, pp. 149-245.
3. Tsafrir, Y, 2004, Procopius on the Nea Church, the Cardo and ‘Og’s Finger’ in Jerusalem. Katedra: The History of the Land of Israel and its
settlement 115: 5-30. (Hebrew).
4. Cameron, A. 1978. The Theotokos in Sixth-Century Constantinopol: A City finds its Symbol. The Journal of Theological Studies 29 (1): 79-108.
5. Gutfeld, O. 2012 Discussion and Summary, In Gutfeld, O (ed) Jewish Quarter Excavations in the Old City of Jerusalem Conducted by
Nahman Avigad, 1969-1982. Vol V: The Cardo (Area X) and the Nea Church (Areas D and T), Final Report . Jerusalem: Israel Exploration
Society and Institute of Archaeology, Hebrew University of Jerusalem, pp. 491-493.
6. Gutfeld, O. 2012 Discussion and Summary, In Gutfeld, O (ed) Jewish Quarter Excavations in the Old City of Jerusalem Conducted by
Nahman Avigad, 1969-1982. Vol V: The Cardo (Area X) and the Nea Church (Areas D and T), Final Report . Jerusalem: Israel Exploration
Society and Institute of Archaeology, Hebrew University of Jerusalem, pp. 494.
7. Segal, A, 2018, Who Stole the Royal Stoa? Makor Rishon. 20.11.18 (Hebrew)
8. Gutfeld, O. 2012 Discussion and Summary, In Gutfeld, O (ed) Jewish Quarter Excavations in the Old City of Jerusalem Conducted by
Nahman Avigad, 1969-1982. Vol V: The Cardo (Area X) and the Nea Church (Areas D and T), Final Report . Jerusalem: Israel Exploration
Society and Institute of Archaeology, Hebrew University of Jerusalem, pp. 495.
8. Jerusalem Post, NIS 200 Million To be Invested in Development of Old City’s Jewish Quarter, 17 February, 2019.
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Collective restrictions must be averted on Temple
Mount/Haram al-Sharif
February 28 2019
Over the past several days, frictions have continued to escalate on the
Temple Mount/Haram al-Sharif around the renewed use of the Bab al-
Rahma (Golden Gate/Gate of Mercy) site, recalling events leading up to
the metal detector protests during the summer of 2017.
Bab al-Rahma has been shut down since 2003, when Israel blocked
access based on claims of collaboration between the organization
responsible for building management and Hamas and the Islamic
movement. In response to the Waqf's re-opening and entry into Bab al-
Rahma on February 13, at the beginning of last week Israeli forces chainlocked
the gate leading to the building and clashed with Muslim
worshippers who had breached the barricade, triggering an escalation of
tensions.
Although the Israel Police arrested nearly 60 Palestinians ahead of last
Friday's prayers, it refrained from imposing collective restrictions on
Muslim worshippers’ access to the Temple Mount/Haram al-Sharif, a
policy that has been proven to exacerbate hostilities (link here for Ir
Amim’s analysis of the correlation between application of collective
restrictions and upticks in tension and violence on the Mount/Haram and
East Jerusalem).
According to Israeli media, on Sunday morning (February 24) Prime
Minister Netanyahu acceded to the Jordanian request to conduct
renovations of the Bab al-Rahma building, a decision likely calculated to
avert a larger crisis. The move sparked outrage among the Temple
Movements – radical Jewish activists committed to overturning the status
quo on the Temple Mount/Haram al-Sharif and asserting Jewish
sovereignty over the site – and political supporters in the government,
who rushed to publicly demand that Netanyahu prohibit Palestinian
access to Bab al-Rahma. In response, on the evening of February 24,
the prime minister ordered equipment and materials, e.g. carpet to
prepare the building for prayer, removed and the site reclosed. Though
the order has yet to be executed, Palestinian anxiety about the possibility
of forced removal of worshippers from the site remains high.
The conflict over Bab al-Rahma comes after a one and a half year period
of limited friction on the Temple Mount/Haram al-Sharif as the result of
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ongoing cooperation between Israel and Jordan. Despite this relative
calm, Israel has continued to take actions that compromise the
management role of the Waqf and contribute to the erosion of the status
quo. Over the past two years, the Israel Police has repeatedly restricted
the Waqf from carrying out maintenance in the compound while
intensifying its cooperation with the Temple Movements. And despite the
active prohibition on public Jewish prayer, groups of religious Jews have
been increasingly observed praying under police escort. [See Ir
Amim's analysis of the growing collaboration between the Temple
Movements and security authorities].
Last year, the Police erected a new watchtower over Bab al-Rahma in
defiance of Waqf authorities, while at the same time Temple Movement
activists have been observed praying in the Muslim cemetery just beyond
the walls of the compound and adjacent to Bab al-Rahma. Given
thedeepening ties between the movements and the right wing Israeli
political establishment, there are rising suspicions in the Palestinian
community that the State intends to establish a synagogue at the site. As
a result, there is increasing pressure among some Palestinians to
consolidate the Muslim presence at Bab al-Rahma in order to curtail any
potential plans.
The coming days will be critical to maintaining calm on the Temple
Mount/Haram al-Sharif. Temple movement activists and right-wing
politicians have called for tough Israeli measures, demanding full
restrictions on Palestinian access to the compound this coming Friday
(March 1) from the prime minister. If Netanyahu capitulates to the
pressure and orders the forcible removal of Muslim worshipers from the
site and/or imposes entry restrictions to the entire compound, the
likelihood of eruptions increases significantly.
It is especially important to track the government's response and police
activity on the ground in lead-up to Friday. If tensions on the Temple
Mount/Haram al-Sharif begin to escalate, there is growing fear that Israel
will impose collective restrictions, further inflaming tensions at the site and
triggering unrest throughout the city.
All efforts must be made to avert a return to this policy.
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Alert: High Court Green Lights Jerusalem Cable Car Plan Condemning Historic City to Irreversible Damage - Emek ShavehE…
https://emekshaveh.org/en/cable-car-approved-2/ 1/2
Alert: High Court Green Lights Jerusalem Cable Car
Plan Condemning Historic City to Irreversible Damage
June 6, 2022
This morning, Sunday, May 15th, the High Court of Justice ruled that the plan to
build a cable car in Jerusalem’s historic core can go ahead thus bringing to an end
a three-year legal battle over one of the most controversial projects that has
ever seen the light of day.
The plan was approved despite original reservations by the court in reference to
the highly irregular planning process and to the hundreds of objections by
architects and planners from Israel and abroad who have criticized the plan as
extremely destructive to the historic city and its multicultural character. In its
decision the court has proved once again that it is a political actor and that it is
willing to ignore the importance of due process and the public interest to approve
a plan that will cause irreversible damage to one of the most sensitive sites in
the world and a unique World Heritage Site.
The cable car serves only one interest group: the Jewish settlers of East
Jerusalem. The cable car will create a whole new route for tourists visiting the
ancient city. Instead of entering the city via Jaffa Gate and the Muslim and
Christian Quarters tourists will now be funneled through the settler-controlled
City of David Site in Silwan.
Background
The cable car plan was approved by the Israeli government in 2018 and drew
strong public opposition from the outset. According to the plan, the cable car will
be suspended from cables held by 15 massive eight-story-high columns along its
route, which will spoil the historic landscapes of the Old City Basin. The cable car
will travel from the First Station complex to Mount Zion, passing over the Valley
of Hinnom. This historic valley has never undergone modern development and
a cable car would destroy the timeless landscape. From Mount Zion, the cable car
will continue along the Old City walls to the Kedem Compound, a large visitor’s
center which the Elad Foundation plans to build across the street from Dung
Gate, and is also predicted to compromise the view. The controversial plan was
promoted by the Ministry of Tourism which advanced it through the National
Infrastructure Committee (NIC), a process which precludes public objection, in
contrast to standard planning procedures.
A group of organizations opposing the cable car formed the “Coalition for the
Preservation of the Historic Basin”. The coalition includes professional
organizations from all relevant fields, including environmental organizations (the
Society for the Protection of Nature in Israel and Adam Teva V’Din); the Israel
Association of Architects and Urban Planners; the Israel Association of Landscape
Architects; the Israel tour guides organization, Moreshet Derech; the Public
Transportation Alliance, 15 Minutes; Karaite Judaism; the Arab Center for
Alternative Planning; and the heritage rights organization, Emek Shaveh.
Approximately 70 intellectuals, academics, archaeologists, and architects signed a
public statement against the plan, and 35 of the world’s leading architects
had sent a letter to the Israeli government calling to halt the project that will
dramatically harm the Old City Basin, which constitutes a heritage asset for all of
humanity.
In February 2021, the High Court issued an Order Nisi for the cable car project
and demanded that the state provide an answer as to why the plan was advanced
through the NIC as opposed to standard planning procedures.
Emek Shaveh:
We had hoped that the HCJ would also see the failures that we have noted all
along, and will save Jerusalem from a cable car over the Valley of Hinnom and
along the Old City walls.
East Jerusalem
Privacy - Terms
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Alert: High Court Green Lights Jerusalem Cable Car Plan Condemning Historic City to Irreversible Damage - Emek ShavehE…
https://emekshaveh.org/en/cable-car-approved-2/ 2/2
In its decision the court has proved today that the real masters of Jerusalem are
the settlers who want to displace the Palestinians and create a whole new historic
identity for Jerusalem which imposes an exclusive Jewish narrative and
marginalizes Christian and Muslim symbolic assets in the holy city.
Israel’s intentions are now laid bare: On the one hand the State seeks
to expand the Jerusalem Walls National Park to the Mount of Olives claiming the
need for historic preservation. On the other hand, the State is promoting
development projects which will cause irreversible damage to the ancient city’s
skyline preserved for millennia. This is a blow not only to residents of Jerusalem
but to people all over the world who hold Jerusalem as a multicultural, multifaith
historic city dear.
Emek Shaveh is determined to continue the fight against this insidious plan in the
public arena.
East Jerusalem Publications Silwan/City of David City of David Historic Basin
Kedem Compound Legal Petitions Mount of Zion Nature and Parks Authority
Objection to Building Plan Silwan tourism
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6/22/23, 8:09 PM PM's Statement Regarding the Opinion of the International Court of Justice at The Hague | Prime Minister's Office
https://www.gov.il/en/Departments/news/spokemes2110704 1/2
Services
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PM's Statement Regarding the Opinion of the International Court of Justice at The Hague
The following is the Prime Minister’s statement at the opening of the Cabinet meeting:
Less than an hour ago, an Israeli woman was murdered by Palestinian terrorist criminals, and other citizens were wounded. We all pray
for their speedy recovery. The murderwhich took place this morning is the )rst to take place under the patronage of the opinion of the
International Court of Justice at The Hague. On Friday, the sacred right of the war against terror received a slap in the face from the
International Court of Justice at The Hague, following its opinion that the Security Fence for the Prevention of Terror is an illegal act,
and that Israel must dismantle it.
I would like to clarify: the State of Israel rejects outright the International Court of Justice at The Hague’s opinion. This is a biased
opinion, which is supported solely by political considerations. The opinion completely ignores the reason behind the construction of
the Security Fence – which is murderous Palestinian terror. It is only concerned with the Israeli response – the erection of the Fence,
which is the most reasonable measure in the face of this wicked terror.
However, what the judges of the Court refused to see, the Palestinians were quick to demonstrate this morning, by killing and injuring
innocent civilians. There is a reason that the Palestinians are )ghting the construction of the Fence. They know verywell that the
completion of the Fence will make it extremely di(cult for them to continue perpetrating acts of murder.
The opinion transmits a deadly message encouraging terror on the one hand, while on the other hand undermining the countries who
are trying to protect themselves against it. Anyone who is concerned about the spread of the plague of terror must, today, stand
beside Israel in its claim that such an immoral and dangerous opinion must cease to exist. Any cultured person to whom a stand
against terror is important must stand beside Israel, and negate the opinion and its dangerous implications.
Government: The 30th Government, Ariel Sharon
Publish Date: 11.07.2004
This page was last updated on 11.07.2004
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6/22/23, 8:09 PM PM's Statement Regarding the Opinion of the International Court of Justice at The Hague | Prime Minister's Office
https://www.gov.il/en/Departments/news/spokemes2110704 2/2
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Due to the Importance of the Western Wall, the Cabinet has Approved PM Netanyahu's Proposal to Increase the Five-Year Plan by Approximately NIS 60 Million | Prime Minister's Office
https://www.gov.il/en/departments/news/spoke-wall210523
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Due to the Importance of the Western Wall, the Cabinet has Approved PM Netanyahu's
Proposal to Increase the Five-Year Plan by Approximately NIS 60 Million
At its weekly meeting today, in the Western Wall Tunnels, the Cabinet approved Prime Minister Benjamin Netanyahu's proposal to increase by
approximately NIS 60 million the budgetary framework of the #ve-year plan to upgrade infrastructure and encourage visits to the Western Wall
plaza.
The decision adds around NIS 60 million which will provide a response to the increased pace of development work and construction being
carried out at the site, as well as the discovery of archaeological #nds, increased visits by students and soldiers and the implementation of
additional educational activities.
Government: The 37th Government
Publish Date: 21.05.2023
This page was last updated on &%.0(.&0&'
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Western Wall Cornerstone - City of David
https://cityofdavid.org.il/en/product/tour-corner-western-wall-eng/[23/06/2023 17:05:43]
Home / Ancient Jerusalem Tours / Western Wall Cornerstone
Western Wall Cornerstone
Location City of David National Park
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From 36 NIS per person
2 hours
With children, With children over 8 years old, Adults
Difficulty: easy - medium
not accessible, The tour includes steps and walking in an underground
tunnel
Western Wall Cornerstone
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23.06.2023
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Western Wall Cornerstone - City of David
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Invitation to groups More details
The City of David National Park invites you to travel back in time 2,000 years, to the
hidden world under the giant stones of the Western Wall.
Come and step under the central street of ancient Jerusalem, to the period of the return to
Zion, when Jerusalem in the Second Temple Period became the most beautiful city of the
East.
In this guided tour, we will progress in the depths of an underground tunnel through the
Second Temple Period, to the findings that provide a glimpse into the daily lives of
Jerusalem residents, up until the tragic end of the last of the rebels who hid in this place,
and left behind cooking implements, a Roman sword and other finds, moments before the
city’s destruction. The route ends at an exit from the foundations of the Western Wall,
next to the 2,000-year-old stones.
Facilities on site
Essential Information
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Cafeteria Gift
shop
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Tour route
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Directions
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Tour route
Western Wall Cornerstone - City of David
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Western Wall Cornerstone - City of David
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How to Participate - The Temple Mount Sifting Project
https://tmsifting.org/en/participate/ 1/9
Book Now
00:00 | 01:10
How to Participate in the Sifting?
Participation in the Temple Mount
Sifting Project is a two hour
program which includes an
introductory lecture and sifting
guidance, the sifting itself and a
summary during which the guide
How Does It Work?
The new sifting facility is located in a
scenic pine grove at the meeting
point of Mount Scopus and the
Mount of Olives, not far from the
Hebrew University campus.
Mitzpeh HaMasu‘ot (The
Masu’ot Lookout)
     
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How to Participate - The Temple Mount Sifting Project
https://tmsifting.org/en/participate/ 2/9
explains the signi􀃘cance of 􀃘nds
recovered by the group. Each
bucket sifted contains artifacts
from all historical periods of the
Temple Mount.
The sifting work does not require
physical exertion and participants
are not expected to get dirty, but
they may get wet. Site conditions
are suitable for all seasons of the
year. 􀀨􀁙􀁈􀁑􀀃􀁇􀁘􀁕􀁌􀁑􀁊􀀃􀁄􀀃􀁋􀁈􀁄􀁗􀁚􀁄􀁙􀁈􀀃􀁗􀁋􀁈
􀁚􀁈􀁄􀁗􀁋􀁈􀁕􀀃􀁌􀁖􀀃􀁓􀁏􀁈􀁄􀁖􀁄􀁑􀁗􀀃􀁄􀁗􀀃􀁗􀁋􀁈􀀃􀁖􀁌􀁗􀁈􀀃􀃈
􀀰􀁌􀁗􀁖􀁓􀁈􀁋􀀃􀀫􀁄􀀰􀁄􀁖􀁘􀃋􀁒􀁗􀀃􀁌􀁖􀀃􀁖􀁌􀁗􀁘􀁄􀁗􀁈􀁇􀀃􀁄􀁗
􀁗􀁋􀁈􀀃􀁋􀁌􀁊􀁋􀁈􀁖􀁗􀀃􀁓􀁒􀁌􀁑􀁗􀀃􀁌􀁑􀀃􀀭􀁈􀁕􀁘􀁖􀁄􀁏􀁈􀁐􀀃􀁄􀁑􀁇
􀁗􀁋􀁘􀁖􀀃􀁅􀁈􀁑􀁈􀃘􀁗􀁖􀀃􀁉􀁕􀁒􀁐􀀃􀁄􀀃􀁚􀁈􀁏􀁆􀁒􀁐􀁌􀁑􀁊
􀁅􀁕􀁈􀁈􀁝􀁈􀀑􀀃􀀺􀁒􀁕􀁎􀁌􀁑􀁊􀀃􀁚􀁌􀁗􀁋􀀃􀁚􀁄􀁗􀁈􀁕􀀃􀁌􀁑􀀃􀁗􀁋􀁈
􀁚􀁈􀁗􀀃􀁖􀁌􀁉􀁗􀁌􀁑􀁊􀀃􀁄􀁏􀁖􀁒􀀃􀁄􀁌􀁇􀁖􀀃􀁗􀁒􀀃􀁕􀁈􀁇􀁘􀁆􀁈􀀃􀁗􀁋􀁈
􀁋􀁈􀁄􀁗􀀑
􀀬􀁐􀁓􀁒􀁕􀁗􀁄􀁑􀁗􀀃􀀱􀁒􀁗􀁈􀀝􀀃􀀷􀁋􀁈􀀃􀀷􀁈􀁐􀁓􀁏􀁈
􀀰􀁒􀁘􀁑􀁗􀀃􀀶􀁌􀁉􀁗􀁌􀁑􀁊􀀃􀀳􀁕􀁒􀁍􀁈􀁆􀁗􀀃􀁋􀁄􀁖􀀃􀁐􀁒􀁙􀁈􀁇
􀁄􀁑􀁇􀀃􀁌􀁖􀀃􀁑􀁒􀀃􀁏􀁒􀁑􀁊􀁈􀁕􀀃􀁌􀁑􀀃􀁒􀁘􀁕􀀃􀁉􀁒􀁕􀁐􀁈􀁕
􀁉􀁄􀁆􀁌􀁏􀁌􀁗􀁜􀀃􀁄􀁗􀀃􀀽􀁘􀁕􀁌􀁐􀀃􀀹􀁄􀁏􀁏􀁈􀁜􀀃􀀱􀁄􀁗􀁌􀁒􀁑􀁄􀁏
􀀳􀁄􀁕􀁎􀀏􀀃􀁚􀁋􀁌􀁆􀁋􀀃􀁆􀁒􀁑􀁗􀁌􀁑􀁘􀁈􀁖􀀃􀁗􀁒􀀃􀁒􀁓􀁈􀁕􀁄􀁗􀁈
􀁄􀁖􀀃􀁄􀁑􀀃􀁄􀁕􀁆􀁋􀁄􀁈􀁒􀁏􀁒􀁊􀁌􀁆􀁄􀁏􀀃􀁖􀁌􀁉􀁗􀁌􀁑􀁊􀀃􀁉􀁄􀁆􀁌􀁏􀁌􀁗􀁜
􀁉􀁒􀁕􀀃􀁖􀁒􀁌􀁏􀀃􀁉􀁕􀁒􀁐􀀃􀁒􀁗􀁋􀁈􀁕􀀃􀁖􀁌􀁗􀁈􀁖􀀃􀀋􀁑􀁒􀁗􀀃􀁗􀁋􀁈
􀀷􀁈􀁐􀁓􀁏􀁈􀀃􀀰􀁒􀁘􀁑􀁗􀀌
Further Details
Visits must be reserved in
􀁄􀁇􀁙􀁄􀁑􀁆􀁈􀁇􀀑􀁢􀀃􀀲􀁑􀀃􀁖􀁒􀁐􀁈􀀃􀁇􀁄􀁜􀁖
the sifting is closed – the
most updated opening
hours appear in the
booking interface below.
􀀲􀁓􀁈􀁑􀁌􀁑􀁊􀀃􀀫􀁒􀁘􀁕􀁖
The site is positioned on top of the
mountain range separating
Jerusalem from the Judean Desert
and provides a magni􀃘cent
panoramic view of the city. During
the Second Temple Period, the 􀃘rst
beacon (Masu’ah), announcing the
􀁅􀁌􀁕􀁗􀁋􀀃􀁒􀁉􀀃􀁗􀁋􀁈􀀃􀁑􀁈􀁚􀀃􀀫􀁈􀁅􀁕􀁈􀁚􀀃􀁐􀁒􀁑􀁗􀁋􀀏􀀃􀁚􀁄􀁖
lit in this area. The site, with
􀁌􀁗􀁖􀁢􀁆􀁒􀁑􀁙􀁈􀁑􀁌􀁈􀁑􀁗􀀃􀁓􀁌􀁆􀁑􀁌􀁆􀀃􀁗􀁄􀁅􀁏􀁈􀁖􀀃􀁄􀁑􀁇
bathroom facilities, is often utilised
by sightseers exploring the area. The
site’s auditorium building also houses
a painting exhibition as well as a
display of some of the Temple Mount
artifacts discovered in the sifting
project.
􀀲􀁗􀁋􀁈􀁕􀀃􀁑􀁈􀁄􀁕􀁅􀁜􀀃􀁄􀁗􀁗􀁕􀁄􀁆􀁗􀁌􀁒􀁑􀁖􀀃􀁗􀁒􀀃􀁈􀁑􀁍􀁒􀁜
include the lookout tower at the
Augusta Victoria church-hospital
which provides a magni􀃘cent view of
Jerusalem and the Judean Desert
(open until 1 pm), the beautiful
􀁅􀁒􀁗􀁄􀁑􀁌􀁆􀁄􀁏􀀃􀁊􀁄􀁕􀁇􀁈􀁑􀀃􀁄􀁗􀀃􀁗􀁋􀁈􀀃􀀫􀁈􀁅􀁕􀁈􀁚
University’s Mt Scopus campus,
which also contains the burial tomb
of Nicanor who famously donated
gates to the Temple, and the Yehudai
Lookout facing the Judean Desert.
􀀰􀁌􀁗􀁝􀁓􀁈􀁋􀀃􀀫􀁄􀀰􀁄􀁖􀁘􀃋􀁒􀁗􀀃􀁌􀁖􀀃􀁄􀁏􀁖􀁒􀀃􀁗􀁋􀁈
starting point of the Jerusalem Trail.
Testimonials
The Temple Mount Sifting
Project was an extraordinary
experience. It was a wonderful
addition to our tour of Israel and
it also was a way for me (us) to
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How to Participate - The Temple Mount Sifting Project
https://tmsifting.org/en/participate/ 3/9
The site can be opened at
times (including Fridays)
not appearing in the
booking interface, for
groups of 35 participants
or more. To coordinate
the visit of a group,
contact:
[email protected], or
call: 02-5665491.
Sunday -Thursday
₪35 sifting activity for
adults (aged 16 and
above).
₪20 sifting activity for
children aged 7-15.
₪2 children under age 7.
Fridays and Holidays
₪40 sifting activity for
adults (aged 16 and
above).
₪30 sifting activity for
children aged 7-15.
₪2 children under age 7.
Prices
The sifting site is located
in Mitzpeh HaMasuot, on
Martin Buber St on the
junction with Yizhaq
Location and Directions
Bravo!
Temple Mount Sifting
Project- HaMasu'ot
Lookout rated
"excellent" by 172
travelers
it also was a way for me (us) to
be a part of the history of the
country. Each of us learned the
importance of uncovering
possible ruins and antiquities
and I was delighted at how much
fun it was for all. Everyone really
“dug in” and got so excited as
they uncovered even the
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How to Participate - The Temple Mount Sifting Project
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haNadiv St (above the
tunnel to Maaleh
Adumim) , Jerusalem
(google maps link). If you
are experiencing dif􀃘culty
in reaching the site, call
the staff on 02-566-5491
(from a non-local
telephone: +972-2-566-
5491).
By public transport:
The site is a short walking
distance from the
following bus stops:
“Mount Scopus
Terminal/Martin Buber,
on buses 17, 19, 19A, 30,
34, 34A, 42, 48A, 53, 68
“Har HaTso􀃘m
Tunnel/Martin Buber”, on
bus 84
By car:
Directions to parking lots
in the vicinity of the sifting
site:
Paid parking – in the
Hebrew University
parking lot, at the end of
Binyamin Mazar St.
(google maps link / waze
link) – to pay you will need
the cellopark application
on your mobile phone.
After parking, cross the
street in the direction of
the sifting site which is
surrounded by a fence of
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metal poles. A brown sign
points to the site.
Free parking – in
Hadassah Lampel St.
(google maps link / waze
link). Park at the
beginning of the street,
then return by foot to the
start of the street, turn
right and right again
towards the sifting site
entrance. N.B. do not
walk in the direction of
the Emek Zurim national
park.
Please note – you cannot
drive in the reverse
direction directly back
from the sifting site itself
to Hadassah Lampel St.
We are happy to accept
volunteers, but since we
need to invest in training
volunteers, we ask
potential volunteers to
commit to at least thirty
days of work, and to be
prepared to carry out
work involving physical
Volunteering
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How to Participate - The Temple Mount Sifting Project
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effort or of􀃘ce work (such
as labeling pottery
sherds). Volunteers at the
site receive three days of
training, which enable
them to accompany
groups and check the
sifting results of visitors.
We do not provide
transport or meals for
volunteers, who are asked
to make their own way to
the site and to bring their
lunch.
Please arrange voluntary
work in advance, by
calling us on +972-2-
5665491 during work
hours, or by email:
[email protected].
Volunteers who would like
to volunteer at our lab are
may apply by sending
their resume/CV to:
[email protected].
We will make contact with
you if you meet the
necessary requirements.
We are currently looking
for help in the following
areas: counting artifacts
and data entry, studio
photography, graphical
editing and programming
in , Visual Basic in
ACCESS, Php and SAS.
Archaeological students
interested in helping out
voluntarily as research
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How to Participate - The Temple Mount Sifting Project
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assistants are likewise
welcome to send us their
resume.
For groups who wish to
receive an enriched
activity and a guided tour,
we can provide the
following programs:
A tour of nearby sites
including: the Augusta
Victoria lookout tower,
the Yehudai Lookout
and the Mount Scopus
botanical garden,
including the Cave of
Nicanor.
An in-depth
presentation covering
the history and
archaeology of the
Temple Mount,
including key artifacts
recovered by the
sifting project.
A full day walking tour
highlighting the
archaeology of the
Temple Mount,
including: A
comprehensive
archaeological tour of
the Temple Mount*,
the royal compound at
the Ophel dated to the
First Temple Period
and the Jerusalem
Additional Tour Programs
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How to Participate - The Temple Mount Sifting Project
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Trail (including the
monumental tombs of
the Kidron Valley, the
Valley of the Kings and
the Emek Tzurim
National Park, ending
at the sifting site at the
Masu’ot Lookout). At
the sifting site the
group will receive an
in-depth presentation
on the Temple Mount
Sifting Project and its
􀃘nds, together with
participation in the
sifting activity.
*For those preferring not
to enter the Temple
Mount we offer an
alternative tour including
a walk around the Temple
Mount’s walls and the
Davidson Center.
For additional information
regarding these programs
please contact us at
[email protected] or
+972-2-5665491
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How to Participate - The Temple Mount Sifting Project
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Please choose the of activity you want to take pa
Date:
 JUNE 2023 
Sun Mon Tue Wed Thu Fri Sat
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Wednesday June 21
21
AVAILABLE
(/#5@BOOK@)
21/06/2023 
BOOK YOUR SIFTING NOW
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HP EXHIBIT 87
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Join The Temple Mount Sifting Project & Reveal Jerusalem’s Buried Secrets - iTravelJerusalem
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Join The Temple Mount Sifting Project &
Reveal Jerusalem’s Buried Secrets
IMPORTANT NOTES
The activity lasts for about two hours and does not involve physical exertion.
The weather conditions on site are suitable for all seasons, even on Hamsin days.
The Hamasu’ot Lookout is at the highest point in Jerusalem and is highly windy.
The sifting activity is done in water, which helps endure the heat.
In the winter and on rainy days, the activity is held in a greenhouse, and the sifting is done
using heated water.
+10
What Lies Hidden in the Temple Mount Soil?
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Join The Temple Mount Sifting Project & Reveal Jerusalem’s Buried Secrets - iTravelJerusalem
https://www.itraveljerusalem.com/event/experience-archaeology-first-hand-sifting-jerusalems-temple-mount-soil 2/3
If you’re looking for a unique activity for the whole family and all ages, the special sifting activity of
the Temple Mount is an excellent idea for you! A unique and fascinating experience, that allows
you to hold the story of the Temple Mount in your very hands. All members of the family will try
themselves in real archaeological work, becoming real-life archaeologists who are seeking
historical relics in the soil.
How the activity goes?
You’ll listen to the story of the soil you’ll be sifting. It was removed from the Temple Mount site in
the dead of night, and now you’d look for archaeology in it. The Temple Mount was such an
important place with a rich history. Remnants of it can be found in every fistful of dirt – jewelry,
seal prints, ancient weapons, decorated flooring til...
Read More
more info
Sunday to Friday 9AM-17PM
Hadassah Lampel, Jerusalem
Website
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Join The Temple Mount Sifting Project & Reveal Jerusalem’s Buried Secrets - iTravelJerusalem
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HP EXHIBIT 88
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Objectives of the Temple Mount Faithful
https://www.templemountfaithful.org/objectives.html 1/2
about | contact us | home
اختیار اللغة تدعمھ ترجمة
Objectives of the Temple Mount Faithful
Long Term Objectives
Liberating the Temple Mount from Arab (Islamic) occupation. The Dome of the Rock and the Al Aqsa mosque were placed on this Jewish or biblical holy site
as a specific sign of Islamic conquest and domination. The Temple Mount can never be consecrated to the Name of G‑d without removing these pagan shrines.
It has been suggested that they be removed, transferred to, and rebuilt at Mecca.
Consecrating the Temple Mount to the Name of G‑d so that it can become the moral and spiritual center of Israel, of the Jewish people and of the entire world
according to the words of all the Hebrew prophets. It is envisioned that the consecration of the Temple Mount and the Temple itself will focus Israel on:
a. fulfilling the vision and mission given at Mt. Sinai for Israel to be a chosen people separate unto G‑d, a holy nation, and a nation of priests (Exodus
19:6), and
b. becoming a light unto all the nations (Isaiah 42:6) so that the Name of G‑d may be revered by all nations and the biblical way of life may be propagated
throughout the world.
Rebuilding the Third Temple in accordance with the words of all the Hebrew prophets (Ezekiel 40-44). This temple will be a house of prayer for the people of
Israel and all nations (Isaiah 56:7).
Providing a biblical point of assembly in order that all Israel may fulfill the commandment to assemble three times annually at the times of G‑d's festivals
(Exodus 23:14-17; 34:22-24) and at the place where G‑d established His Name forever (1 Kings 9:3; Ezekiel 43:7).
Making biblical Jerusalem the real, undivided capital of the State of Israel.
Rejecting false "peace talks" which will result in the dividing of Israel and the breaking of G‑d's covenant (Leviticus 25:23-24). G‑d promised to Abraham and
to his seed (Genesis 15:18; 26:3-4; 28:13-14) that the land and the borders of Israel (Exodus 23:31) are eternal and cannot be divided and given to other people
and nations (Leviticus 25:23-24; Ezekiel 48:14).
Supporting the settlements in Jerusalem, Judea, Samaria, and the Golan Heights as they are holy. No one is allowed to break the Word and the Will of G‑d by
commanding the settlers to leave. In the biblical era, G‑d commanded the people of Israel to settle the land completely (Joshua 1:3-4). This command is
applicable today. The holy connection and covenant between G‑d, the People of Israel and the Land of Israel is eternal (Jeremiah 31:35-37).
Short Term Objectives
To strengthen the organizational structure of the movement in Jerusalem in order to pursue its long-term objectives.
To raise the awareness of the people of Israel to the significance of their nation in G‑d's plan of redemption. This will be accomplished in a number of ways
including:
a. youth education
b. formation of youth clubs, and
c. publication and propagation of relevant educational materials.
To demonstrate the fulfillment of the Tanach to the people of Israel.
To publicly proclaim the message of the Temple Mount and Land of Israel Movement in newspapers, flyers, posters, newsletters, radio, and television.
To demonstrate publicly to raise awareness of Israel to the issue of the Third Temple, the Temple Mount, and the Land of Israel.
To buy a house in the Old City (biblical Jerusalem) near the Temple Mount to establish a spiritual and educational center to be used by everyone. The four-ton
cornerstone will be stored and exhibited on this site. This first stone of the Third Temple will soon be laid.
To organize conferences for the study of the issues dealing with the Temple Mount and the Third Temple.
In the Almighty G‑d of Israel We Trust!
In the Almighty G‑D of Israel We Trust!
The Temple Mount and Land of Israel Faithful Movement continues her historical work even more intensively. Everyone in Israel and the entire world is called to
take part and to help us spiritually, morally, and practically. This is a key time in our work that needs your urgent monetary help. Please help us with monthly
donations as we have many expenses currently when we are so close to the top of the Holy Mountain. The call of the end-time prophet Malachi is much more actual
'now' than any time in the past. We, along with the crucial preparations for the building of the Third Holy Temple, urgently need your help:
HP EXHIBIT 89
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"Bring all the tithes into the storehouse, so that there may be food in my house, and put me to the test with that, says the LORD of hosts, if I will not
open for you the windows of heaven, and pour out for you blessing immeasurable" (Malachi 3:10)
Donations
Donations can be made by personal check or 'Bank' money orders (not Post Office money orders). Please see our donation information for further details.
Join our e-mail list
to stay up-to-date!
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The Temple Mount and Land of Israel Faithful Movement is not associated or affiliated with the Temple Institute.
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Jerusalem - United Kingdom Commission report on the Western Wall (1930) - LoN report/Letter from Jordan - Question of Palestine
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Jerusalem – United Kingdom Commission report on
the Western Wall (1930) – LoN report/Letter from
Jordan
LETTER DATOEFD J2O3R DFAENB RAUDADRRYE S1S9E6D8 TFOR OTMH ET HSEE CPREERTMAARNYE-NGTE NREERPARLESENTATIVE
____________________ Addendum
* Also issued under the symbol A/7057/Add.1
[Crown Copyright Reserved]
REPORT
of the
Commission appointed by His Majesty's Government
in the United Kingdom of Great Britain and
Northern Ireland, with the approval of the Council
of the League of Nations, to determine the rights
and claims of Moslems and Jews in connection with
the Western or Wailing Wall at Jerusalem
December, 1930
 Welcome to the United Nations
 
عربي 中文 English Français Русский Español
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PRINTED AND PUBLISHED BY HLIOSN DMOANJESTY'S STATIONERY OFFICE.
To beA dpausrtcrhaals eHdo udsier,e cKtilnyg sfwraoym, HL.oMn.d oSnT,A TWI.OCN.E2R;Y 1O2F0F,I CGEe oartg et hSet rfeoeltl,o wEidnign baudrdgrhe;sses: York Street, 1M5a,n cDhoensetgearl;l 1S,q uSatr.e AWnedsrte,w 'Bse lCfraesstc;ent, Cardiff; or through any Bookseller.
1931.
Price 1s. 6d. Net.
I.INTRODUCTION CONTENTS. 3 IIIII..DHEISSCTROIRPYTION OF THE WAILING WALL AND ITS ENVIRONS 79 IV.TThHeE JReEwSiPsEhC TCIlVaEi mCsLAIMS OF THE TWO PARTIES: 15 V.TThHeE MEoVsIlDeEmN CCEontentions 1259 VI.(T1H)E OPINIONS AND CONCLUSIONS ARRIVED AT BY THE COMMISSION: (2) TThhee aTpapslki ceanttirouns toefd tthoe tPhrei nCcoimpmliesss ioofn Status Quo 3336 ((43)) TThhee SOawcnreerdsnheisps ooff tthhee WWaallll and of its Surroundings 4319 ((56)) The access to the Place in front of the Wall 42 Conc lusTihoen sForm and Extent of Jewish Devotions 4567 I.RECORD OF PROCEEDINGS (Not printed AhPePrEeN)D.I C(EAS .copy may be seen in the Colonial
Office library.)
IIIII..MLEIESTTI NOGFS EAXNHDI BWIITTSN EPSRSEESSENTED BY JEWISH COUNSEL 6623 IV.LLIESTTT EORF FERXOHMI BTIHTES SPERCERSEETNATREYD OBFY TMHOES LCEOMM MCIOSUSNISOENL TO THE ACTING CHIEF SECRETARY, 65 GOVERNMENT OF PALESTINE 66
VVI..PMLOASNLSE MO FE XWHAIIBLIITN GN OW.A L6L AREA. 67 VVIIIII..JMEOWSILSEHM EEXXHHIIBBIITT NNoo.. 372 6707 XI.MTeHmEo rWaEnSdTuEmR Nb yO Rt hWeA ISLeIcNrGe tWaArLyL oIfN SJtEaRtUeS AfLoErM :the Colonies, dated 19th November, 1928. (See Cmd. 3229.). (Not reprinted here.)
X.SIHNASRTIRFU,C TJIEORNUSS AILNE MREGARD TO THE USE OF THE WESTERN (WAILING) WALL OF THE HAREM-AL- 70
XI.JEWISH EXHIBIT NO. 29 72
Report of the Commission appointed by His Majesty's Government in the United Kingdom of Great
Britain and Northern Ireland, with the approval of the Council of the League of Nations, to
determine the rights and claims of Moslems and Jews in connection with the Western or Wailing Wall
at Jerusalem.
FTOhBe FRIOGREHIT GHN OANFOFUARAIBRLS,E AERtTc.H,U R EHtEc.N,D EERStOc.N, M.P., HIS BRITANNIC MAJESTY'S PRINCIPAL SECRETARY OF STATE
HThies BInritetarnnanitci oMnaajl eCsotmy'mis sGsiooven rfnmoer ntt.he Wailing Wall has the honour to submit the following report to
LTehae gCueo mmofi sNsaiotin onuns.derstands that a copy of the report will be forwarded to the Council of the I. INTRODUCTION.
S ecretaArfyt eorf tShtea tdei stfuorrb atnhcee sC owlhoincihe so cacpuproriendt eidn Paa lCeosmtmiinses iionn Aoung utshte, 11932t9h, oHfi sS eBprtietmabnenri ct oM ajeensqtuyi'rse isntetop s tnheec eismsmaerdyi attoe avcoaiuds eas rtehcautr rheandc e.led to that outbreak and to make recommendations as to the
a mongstT hoet hesra idde sCiodmemriastsai,o ni no fD ecEenmqbueirr,y 1c9o2m9m,u nai craetceodm metnod atthieo nS etchraett aHriys Moafj eSsttayt'es Gfoovre rtnhmee nCto lsohnoiuelsd Mtaaknde atseu chf osrt ePpasl easst ilnaey, woift hainn atdh eihro cp oCwoemrm itsos isoenc utroe dtehtee remairnley tahpep oirnitgmhetnst ,a nudn dcelra iAmrst iicnl ec o1n4n eocft itohne wdietthe rmtihnea tWiaoinl ionfg rWiaglhlt si na nJde rculsaailmesm .c o nInte ctweads wtihteh vtiheew Woafi ltihneg CWoamlmli swsaiso na omfe aEsnuqruei reys stehnatti aaln ine artlhye tihnet erceosntsst itouft ipoena coef aan dC ogmomoids sgioovne rfnomre ntth ei ns aPiadl epsutripnoes.e aTnhde iCtosm mdiespsairotnu rec onfsoird etrheed ,c otuhnetrreyf osrheo,u ldt habte expedited by every possible means.
c ertainA tp rtohpeo seanlssu iinng amceceotridnagn coef wtihteh Ctohuen csiali do fr etchoem mLeenadgautei oonfs Noaft itohnes Ctohmem iBsrsiitoins ho fD eElneqguaitriyo.n maTdhee Cfoolulncoiwil ngo fr etshoel uLteiaognu eo,n htahvei n1g4 thh eoafr dJ atnhuea rvyi,e w1s9 3o0f: -the Permanent Mandates Commission, adopted the
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"The Council,
p ositio"nB etion gc aarnrxyi oouust ttoh ep lraecsep otnhsei biMlaintdiaetso ryl aiPdo weurp,o n ini t acbcyo rAdratniccel ew i1t8h oift st hree qMuaensdta,t ei nf oar Pianlteersetisntes oufn dtehre ptohpeu lmaotsito n fpalvaocuerda bulned erc ointdsi tmiaonndsa tfeo;r safeguarding the material and moral
q uestio"nW iosfh itnhge nhootl y tpol apcreesj uodfg eP,a liens tianney, wwahyi,c ht hmea y shoalvuet itoon boef stehtet lperdo bilne mtsh e rfeultautrien;g to the
M oslems" Cwointshi dreergianrgd, toh otwheev eWra,i ltihnagt Wtahlel uqrugeesnttiloyn coafl lst hfeo rr ifgihntasl asnedt tlcelmaeinmts: of the Jews and
"Decides that,
"(1) A Commission shall be entrusted with this settlement;
nationa"l(i2t)y anTdh isa t Cloemamsits soinoen osfh awlhlo mc osnhsailslt boef at hpreeres onm eemmbienresn twlhyo qsuhaallilf iendo tf obre tohfe pBurriptoisseh by the judicial functions he has performed;
of the "(C3o)m misTshieo nn asmheasl lo f bteh es upbemristotnesd wfhoorm tahpep rmoavnadla ttoor y tPhoew eCro uinnctieln dwsh otsoe apmpeomibnetr sa ss hmaelmlb ebres consulted by the President if the Council is no longer in session;
rights "a(n4d) claTihmes dmuetniteiso noefd atbhoev eC.o"mmission shall cease as soon as it has pronounced on the
w e beg Ftoor rfeufretrh etro dtehtea irlesp orretl aotfi vteh et oS htahwe Ccoimrmciusmssitoann c(eCsm du.n d3e5r3 0w)h,i cwhh itchhe wCeo mwmiilsls ihoanv ew atso nqoumoitnea teadt several occasions in the following.
1 2th MaTyh,e 1B9r3i0t,i shn oGtoivfeirendm etnhte inna mae sl eotft etrh et o ptehres onSse crwehtoamr yt-hGeeyn ehraadl osfe letchtee dL eatgou eb eo fm eNmabteirosn so fd attehde Commission, viz., the undersigned.
EtLhIe ELS weLdÖiFsGhR ERNi,k sfdoargm e(rtloy aScwte daiss hC hMaiinrimsatne)r, for Foreign Affairs, Member of the Upper Chamber of
CRHoAuRmLaEnSi anB AMRiDxEe,d VAircbei-tPrraetsiiodne nTtr iobfu natlh,e aCnodurt of Justice at Geneva, President of the Austro-
Jo.f tVhAeN NKeEtMhPeErNl,a nfdosr.merly Governor of the East Coast of Sumatra, Member of the States-General
C ouncilT hoef ctohmep osLietaigoune oofn tthhee C1o5mtmhi ssoifo nM aays, p1r9o3p0o.s e d Tbhye tChoem mBirsistiiosnhe rGso vweerrnem eonftf iwcaisa lalpyp rionvfeodr mbeyd thoef StAhHeLiIr N,n oomfi ntahtei oSnw ebdyi shl edtitpelrosm aftriocm setrhvei cBer,i thiassh aFcotreedi gans SOefcfriectea rdya tteod thteh eC o2m6mtihs soifo n.May. MR. STIG
s ailed Tfhoer mPeamlbeesrtsi noef otnh et hCeo mmfioslslioowni nga ssdeamyb,l ehda vfionrg tbheee nf ifrusrtn itsihmeed abte fGoerneo at hoeni rt hdee p1a2rtthu roef wJiutnhe atnhde pvaubriliosuhs edd ocbuym etnhtes Lreealgautei veo ft oN amtaitotnesr sa ncdo nbnye cttehde wBirtiht itshhe GWoavielrinnmge nWta l(le .tgh.a,t rheapdo rutps ,t od etshpeant chbeese,n memoranda, minutes of proceedings, etc.).
m onth, Tlheea vCionmgm iJsesriuosna laermr iovne dt haet 1J9etrhu soafl eJmu loyn. t hTeh e1 9ftihr sotf mJeuentei nagn do fs ttahyee dC oimnm isPsailoens tiwnaes fhoerl d onoen Mhoolndy ayd,a yst hbey 2o3nred oorf oJtuhneer, otfh et h2e0 tPha rtaineds 2c1osntc ebreniendg. b lDaunrki ndga ytsh eaisr sFtraiyd aiyn aJnedr uSsaatluermd atyh ea rCeo mkmeipsts iaosn thheelrde owneer eo rh etlwdo 23m emeeteitnignsg so,n opfr awchtiiccha ltlhye efvierrsyt wwaese kodcacyu,p iFerdi dwaiytsh ainndt rSoadtuucrtdoaryys speexeccehpetse da.n d Iwni tha lal cdiloscsiunsgs iosnp eaesc hteos .t he Aptr octehdeu reo tthoe rb e 18f olmleoewteidn,g sw hitlhee thCeo mmliasssti ofno urw amse eteinnggasg ewde rien octchuep iehde awriitnhg tohfe eGvaitdee.n c eA. co mpAllelt et hree comrede toifn gtsh ew eprreo ceheedlidn gsi ni st haet taGcohveedr nhmeernett oO f(fAipcpeesn diBxu iIl)d.i*ng near the Damascus _________________
* Not printed. A copy can be seen in the Colonial Office Library.
c arryinAgt outth et hoep etnaisnkg emnetertuisntge d tthoe iCth,a iwramsa nt o smtaaktee da nt hiamtp atrhtei ala iamn di,n ifv ipeows soifb let,h ec oCmopmlmeitses iionnq,u iirny ipnrotno outnhcee qau esvteirodnisc tc onwnheiccthe d wowuiltdh tbhee bWaasieldi ngw hoWlallyl aanndd, saosl eal y reosnu ltt hoef Ctohmem issasiido neirnsq'u ircya,n dtiod cCoonmvmiicstsiioonns huapdo ni nt hvei ebwe,a rtihneg Cohfa ilramwa n anadp peeaqlueidt y tot o tthhee Pcaarstei esi n codnicseprunteed. t oT hgiisv eb etihnegm wahlalt tthhee
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necessary assistance in the carrying out of their work.
a uthoriAzte dt haen ds amree cmoegentiiznegd irte pwraess eangtraeteidv est hatto duarcitn ga st heC opurnosceele dfionrg s etahcehr e ofw ast hteo tbweo ondei sspeutt ionfg PYEaLrLtIiNe,s . a nPdu rRsAuBaBnIt Mt.o tBhLaAtU a–g rpereemseenntt etdh e crCeoduennsteila lfso r frtohme Jtehwei sRha bSbiidnea t–e DoRf. PMa.l eEsLtIiAnSeH,, tMhRe. DWAoVrIlDd AIssrsaoceil.a ti oTnh e oCfo unRsaeblb ifso,r tthhee MoJselweims hS idAeg ehnacdy befeonr aPuatlheosrtiizneed, tot haec t Vaasa ds ucLhe ubmyi thaen dS uptrheem e AgMuodsaltehm CTAoMuInNcIi,l . A MITNh e BEfYo llAoBwDiUnLgH ADpIe,r soSnHsE IKr epSrUeLsEeInMtAeNd, tEhFeF ENMDoIs leJmO UKSHiAdDeA:R-, AAOHUMNEID BZEAYK IA BPDAUSLHHAA,D I,F AKAHMRIIN BBEEYY EELL HHUUSSSSEEIINNII,, FIAZKZHARTI BEEFYF EENLD IB ADRAORUWDAIZ,A ,F AIMZO HBAEMYE DE LA LKIO URPYA,S HSAH,E ISKH EHIAKSHA N REAFGFHEENBD IE FAFBEUN DSIO UDD,A JJAANMIA,L AEBFDFUELNLDAIH AEIL FdAeZlAeLgAaLtLiYo,n s ABwDhUoL LaApLpYe aJrEeWdA BHbAeIf oraen d tShHeE ICKoHm mHiAsSsSiAoNn ,A Lt hAeN SAaRbIo.v e-Innacmleudd inpge rtshoen s memmabye rsb e ofs atihde tvoa rihoauvse irencplreudseinngt edM orMoocscloe,m sA lgferroima , pTrraicptoilciasl,l yE geyvpetr,y ancdo uontthreyr Aifnr ictahne cwoournltdr iewsi,t hP alae stMionsel,e mS yrpioap,u lTartainosn-, FJaorr dEaan,s t.Iraq, Persia, British India, the Dutch East Indies, and other countries in the Near and
c onsideIrte d waass tahrer apnlgaeidn twiiftfh atnhde thduuse hcaovnes,e ntto oofp ent het heP acratsiee,s wthhialte tthhee MJoeswliesmh SSiiddee wsehroeu ltdo bbee considered as the defendant.
f ar as Apso stsoi btlhee thper oocreddiunraer yt oj ubdei caidaolp tmeedt,h oidts woafs tdheec iEdnegdl iswhi tcho utrhtes csohnosuelndt boef otbhsee rPvaerdt.i e sT htuhsa,t thaes CCoomumnisesls iofno rr eltehvea nPta retxipeesr t waenrde dtooc umceanltla rayn de viedxeanmcien,e twoi tcnreosssse-se,x amtion e prtohceu rwei tnaensds esl acya lbleefdo rbey tthhee othteh ero tPhaerrt yh aanndd wtoou lpdl,e aads ian rtuhlee ,c acsoen fwihneen etvheerm stehlevye ss hotuol dl idseteemn iintg etxop ewdhiaetn tt.h e Twhiet nCeosmsmeiss sciaolnleerds boyn rthieg htP arttoi eesx ahmaidn et o adsdaiyt iaonnda lt ow iatnnye sostehse re xe viodfefniccei oa dodru ceidf, rreeqsueersvtiendg ttoo tdhoe mssoe lvbeys ,t hheo wePvaelre,s titnhee Gsowovernr nmoern tc.a u sTehde tCoo mgmiivses iao n coarsr essupcohn dwiansg nsootl eemmnp oawfefrierdm attoi osnw ebaerf owriet ntehses esa,p prbouptr iwaitten esMsaegsi stcroautled abte Jerusalem in conformance with Palestine Law.
C ounselD,u r3i0n gb yt hteh e meMeotsilnegms Co5u2n sweilt,n easnsde s1 ,w ear eB reixtaimsihn eodf,f ic2i1a lo,f btyh etmh e bCeoimnmgi scsailolne.d bAy ltihset oJfe wtihseh Rmeeepotirnt gs( Aapnpde nodfi xt hIeI )w.i tn esDsuersi nwgh otshee evmiedeetnicneg sw as6 1 gidvoecnu mbeenftosr e ort hec oClolmemcitsisoinosn iosf adnonceuxmeedn ttso twheirse iprs odgiucveedn . in OAfp ptehnodsiex 3I5I Iw.ere presented by the Jewish Side and 26 by the Moslem. A synopsis of them
a s compTlheet eC omam ibsosdiyo neorfs ianlfsoor maadtoipotne da sv arpioosussi bmleea scuornecse,r naipnagr t qfureosmt iotnhse rreeglualtairn gm eteot intghse, mtaot toebrt aiant itos suteh.e HTahruesm,- euspho-nS htehreiifr aanrdr iivtasl Maots qJueersu,s alteom ,t hteh eWya iplaiindg vWiaslilt sa,n da cciotmsp aenniveidr obnys ,B raintdi sahl soof fviicsiiatlesd, pthoep ulaptriionnc.i pa lB y Styhnaatg ogmueeasn s otfh e tChoem miAssshikoennearzsi haadn d thet heo ppSoerpthuanridtiy oCfo msmtuundiytiinegs oonf thteh es poJte wtihseh osithteuar ticoinr,c usmusrtraonucnedsi nbgesa,r ianngd osnp ectihael dcihsapruatcet era so fw etlhle avsa ritohues pbruaicltdiicnegss , anadn d tahles or iat ensu mobfe r thoef rteos ptehcet iWvaei licnogn feWsaslilo nasn.d toM otrheeo veHra,r emt-hees hC-oSmhmeirsisfi.o n eFrusr twheenrtm osreev,e rtahle tCiommemsi spsriiovnaetresl yd ealnedg atuenda totneen deodf Cthoeuinrs elM eomfb etrhse ttow o thPea rtMioessl eamn dS htahrei aa pCporuorptr iaitne Joefrfuiscailaelms oifn tohred eCro utrhta,t ,h e inm igchotn jtuhnecrtei oinn swpietcht tthhee title-deeds relating to the Wailing Wall and its surroundings.
P laces,I nt hev iCeowm moifs sitohnee rpsa rptaiicdu lparro loinngteedr esvti siattst aecshpiencgi atlol y tthoe tshtea tCuhsu rcqhu oo fo ft het hHeo lCyh rSiesptuilacnh reH oalty Jaendr usatlheem oafnfdi ctihaet iCnhgu rcfhu nocft itohnea riNeast ivoirt y tahte Bedtihflfeehreemn ta t Cwhhriicsht iwaenl l-cqhuuarlcihfeise d eBxrpiltaiisnhe d oftfoi ciatlhse Commissioners the particular conditions of the status quo.
e very aDsusriisntga ntchee twoh otlhee Ccoomumrisses ioofn tihne iptrso cieneqduiinrgys btohteh rveeprrye sweinltlaitnigvleys aonfd tvheer y tewfof iPcairetnitelsy .afforded
t heir vVaerriyo uvsa loufafbilcei alsse.r v icTehse Cwoemrmei srseinodneerresd dteos irteh ee sCpoemcmiiaslsliyo nt ob ye xptrhees sP ahleerset itnhee iGro vaeprpnrmeecnita tiaonnd doef patrhteu res pfirroimt Poafl esttriunset,f ultnheesys exipnr ewshsiecdh thtehiirs tahsasniksst ainnc ea wlaest tegri,v epnr itnhteemd. at Ptrheev icoluoss et oo f tthheiisr Report (Appendix IV).
t o themF idniadl lnyo,t ietx ploiucgihttl yt or ebfee rm etnot icoonnecdi ltihaatti ont he– tChoomumgihsts iiotn ear sd u–t ya litnhcouumgbhe ntth eu pmoann dtahteem teon ttrruys tteod bobrijencg t,a bnouumte rao usf rimeenedtliyn gss etwtelreem ehnetl d bewtiwtehe nt het her epPraersteinetsa.t i veIsn oofr detrh e itfw op oPsasritbilees tboo tahc hsieepvaer attehlayt aPnadr tijeosi ntthlayt iann caagmreeread. s oAltu titohne wcoluolsdi nbge mveeertyi nmgu cthh ep rCehfaeirrambalne taog aai n veermdpihcats iaznedd ptrhoem ipsoeidn tt htaot tthhee Cthoem miPsasritoine sw oduilrde chtoeldd ttohwea rddoso rt hoapte ne,n du.n t iAlf ttehre t1hset Coofm mSiespstieomnb ehra,d floerf tp rPoaploessatlisn ea,n dt haeg reneemgeonttisa tifornosm Gbeotvewerenmn entt.h e IPna rrteisepso nswee rteo tchoen tirneuqeude stisn adtdhree ssperde steon cteh e oCfo mmriespsrieosne,n tatthiev edse laoyf actchoer dePda lteos ttihnee Poaf rtOicetso bwears. e xItte nidse dw,i tohn gtrheea tf irresgtr eotc ctahsaito nt huen tCiolm mtihses i1o5nt hh aosf hSaedp tteom baesrc earntda,i nl attheer ,f auinltuirle ,t huep 8ttoh the present time, of the said negotiations.
meetingT hwearse uhpeolnd itnh eP aCroimsm,i s2s8itohn Nmoevte mbaetr Sttoo c1kshto lDme,c em2b7etrh. October to 1st November. The concluding
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II. DESCRIPTION OF THE WAILING WALL AND ITS ENVIRONS.
H ebrew,W iKtoht hreels pMeacatr avtio) tahned ptohsei tliioen ofo f thteh es uWrersotuenrdni ngo r arWeaai,l isnege Wtahlel o(fifni ciAarla bpilca,n Adlr awBnu rabqy; thien Palestine Government, annexed hereto (Appendix: V).
S herif Twhhei cWha iiltisnegl fW ailsl tfhoer mssi taen ofi nttehger aaln cipeanrtt Joefw itshhe tweemsptleersn, eaxtt etrhieo rp rsehseelnlt odfa y thseu ppHlaarnetme-de sbhy- hMuonsdlreemd Mmoestqrueess .i n lTehneg tHha raenmd- ewsihd-tShh.e r iOfn e ionf atchteu asla idf aMcots qiuse s,a tvhaes tM osrqeucet aonfg uAlqasra ,p liast fcoornmt,i gsueovuesr atlo ethnde . s oTuhteh eront heerx tMeorsiqoure ,w atlhle Doofm et hoef Htahree mR ocakn d (ienx tAernadbsi cu,p Qutboe tt hAel WSaaiklhirnag) , Woarl,l aast iitt si s souustuhaelrlny called, the Mosque of Omar, is situated in the middle of the Harem area.
i n lengTthhe aWneds taebronu tW a2l0l moeft rtehse iHna rheemi-gehsth.- S hTehrei fv earsy al awrhgoel eb liosc kas sotfr uscttounree aotf tmhoer eb atshea no f1 0t0h e meWtarlels, omfo ret hees peTceimapllley otfh e Hseirxo d co(uir.see.s, otfh ed rasfetceodn ds,t orneecso,n satrreu cdtaetde d Tbeym plmeo)s.t a rcMhaaneyo loofg istthse tsot otnhees tibmeeasr ithnescrer ipatrieo ntsh riene Hecboruerws eso n otfh euinrd rfaafcteesd, msaosmoen royf; tthheems ep aianrtee dp,r oobtahbelrys Reonmgarna vewdo.r k Ab(odvaet itnhge sfer osmt ontehse rmeubcuhi lldaitnegr odfa tteh,e bceiltoyn gaisn g a pRroombaanb lyc oltoon yt hbey ptehrei oEdm paebroourt H1a5d0r0i aAn.)D.. TRheec eunptp erre ssetarracthae sa ggaoi n toa res hoowf twhhaict h tchoeu rbsoeusn doafr isetso noefs tahree Wsaulplp ocsoeidn ctiod es twiiltlh retmhaoisne boefn etahteh ptlhaet fsourrmf aocfe .the Temple of Solomon, of
c omprisTehse abpoaurtt 3o0f metthree sW aolfl thaeb oeuxtt ewrhiiocrh wadlils pmuetnet ihoanse d.a r iIsne nf rboenttw eoefn thtahte pJaerwts ofa ntdh et hwea llM otshleermes ipsr ocae esdtirnegt cfhr oomf Kpianvge mDeanvti d'tso swthrieceht .t h eT oo ntlhye ascocuetshs ,t hoins tphaev emneonrtt heerxnt ensdisd e,t o iasn obtyh ear nwaarlrlo,w whliacnhe Mshosuqtsu e thoef pBauvreamqe nsti toef ft oa tt hrei gshotu tahn.g l eIsn ttoh et hyee aWra il1i9n2g9 Waa ldlo ofrr owma sa mfaedwe parti vtahtee shoouutsheesr na nedn df roofm tthhee ewandl l olfa stth em epnatvieomneendt, aa ntdh iirtd gwiavlels, awcictehs s a tod ootrh e ipnr iivta,t es hhuotuss eosi la ntdh et haer eMao sqfureo.m thAet ctohuer tnyoarrtdh erinn front of the Grand Mufti's offices.
s ides hTahvee paalvreemaednyt biene n firnodnitc aotfe dt;h eo nW atlhle hfaosu rat hw isditdhe , ofi .ea.b,o utth e4 omneet roepsp.o s iIttes tboo utnhdea rWiaeisl ionng Wtahlrle,e tthhea t psaivdeem etnhte ries abroeu ntdweod doboyr st hweh iecxht elreiaodr twoa ltlh e aMnodg hhroaubsie sh ooufs est.he so-called Moghrabi Quarter. On
J ews arIet iins tthhei sh abPiatv eomfe nrte srourntniinngg taot ftohre pbuarspeo soefs otfh ed epvaortti oonf. the Wall just referred to that the
a chambAetr ao rs hnoircth ed iisnt awnhciec hf raocmc oirtd,i nign ttoh et rsaoduitthieornn Mdoihraemcmteido'ns asntde ewdi,t hBiunr atqh,e wWaasl lt eitthseerlefd, wthheenr e tihse PShreoprhief.t Idtu riisn gf otrh et hciosu rrseea soofn htihsa tc etlhees tWiaalll jiosu rknneoyw n( atso tMoo swlheimcsh ass eAel bBeulroawq). visited the Harem-esht
he WalBle faonrde iptrso ceeendviinrgo nfsu rwtehreer nwoet deexsaicrtel yt oi ns ttahtee tshaamte astt atthee adsa tbee foofr eo utrh es oWjaoru,r nf oirn aJse ruaslarleeamd,y stated by the Shaw Commission certain innovations had been introduced, viz.:-
(1) The erection of a new structure above the northern end of the Wall.
(litera(l2l)y to Tbhee tcroannvselrastieodn, oMfo sal ehmo u"ssea carte dt hceo rnseoru"t)h.ern end of the Pavement into a "Zawiyah"
to the (P3a)v emeTnhte inc onfsrtornutc toifo nt hoef Wtahlel , abaonvde -cmoennsttiiotnuetdi ndgo oar tghirvoiunggh accocnensesc tiforno m frtohme t"hZea wHiayraehm" area (through the Moghrabi Gate) to tIhIeI .P a vHeImSeTnOtR Yi.n front of the Wall.
d etailsF oorf tthhee phuirsptoosrey tohfe CPoamlmeisstsiinoen. h aTsh ei nm avtiteewr itth ew iClolm mniosts iboen nheacse stsoa rdye atlo wrietchi,t e hionw evfeurl,l thhaes mseucnht ioann tihnet ipmraitnec icpoanln eecvteinotns .with the history of the country that it may be considered desirable to
r ace. ITnh e eaeralryl ietsitm eosf Ptahleetsat ionfe whwiacsh iwneh apboistseeds s bcye rat ainnu mkbneorw loefd gep eiosp ltehse, Cmaonsatnlaye anosf (tChaen aaSneimtietsi)c who were dependents of the Egyptians.
t heir cAocmcmoornd ianngc etsot otrh,e mtardaed ihtiiso nw apyr,e sienr vtehde bCya ntahnea etawno epreao,p lferso,m tUhre iJne wCsh aladneda tthoe CAarnaabasn,, Aabnrda htahme, Jleawtst era nbde ctahmee tAhrea bcsr,a dfloer toiff itehde apse opilte hoafs Ibsereane l.t*h r oTuhgihs tthhee orayg eso f bay ctohmem unaitttyr iobfu tioorni gitno oift thbey tthrae dittwio onp eoopfl ensu.merous important happenings, has played no small part in the mutual relationship of ______________
*Abraham was buried at Hebron, where the Arabs erected a Mosque in his honour. The Jews
are not allowed to enter the Mosque but until 1929 were wont to make their devotions at the lower
part of the exterior wall of the Mosque.
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t he triAbfetse ro ft hIes rcaaeplt iwveirtey uinni tEegdy pitn twoa so noev eKri nagnddo m thbeyi rK inrge tuDranv idt o atP aalbeosutti net heh adda tbee e1n0 0a0c cBo.mCp.l i shTehdi,s wKaisn gdSooml oamtotna iwnheod biutisl tm otshte efxiarlstte dT epmopsliet ioofn Jdeurruisnagl etmh,e trheei ggnr aonfd eDuarv iadn'ds bseoanu,t yt hoef gwrheiacth Shoalvoem onb.e c omIet Mwiodreialhy orne ntohwen epdl,a ttfhoarnmk,s ntoow tkhneo wnh oalsy tbhoeo kHsa raenmd- etshhe- Shhiesrtiofr iaarnesa.. The Temple was situated on Mount
t he twoS uKbisnegqduoemnst otfo Itshrea edle aatnhd oJfu daSho l–o moJne,r ustahlee mh ibsetionrgy tohfe tchaep ipteaolp loef otfh eI slraatetle,r o–r rreastohlevre st hiatts eolff for the most part into a record of civil wars and struggles with alien tribes.
a way asA bocuatp t7i2v0e sB.. C .,A btohuet A6s0s0y riBa.nCs. , deNsetbruocyheadd ntehsea r,K inKgidnogm ooff IBsarbayello na,n da tctaarcrkieedd tthhee iKnihnagbdiotma notfs Jtuhdea hi.n h aHbei tdaensttsr owyeerde thceo ncvietyye do fi nJteor ucsaaplteimv iatnyd tahned Tweemrpel eu noafb lSeo lotmoo nr eitnu rtnh et oy eatrh e5i8r7 cBo.uCn.t r yM osutn tiolf about 50 years later, after Cyrus, King of Persia, had conquered Babylon.
p eriod Aocfc oerxdpiantgr itaot itohne haPdr opahlerte adJye redmeivaehl optehde tJheew sh awbhiot roefm agioniendg itno twhoer shHiopl y onI sltahned rudiunrsi ngo f thtahte Ttehem plyee.a rs A5f2t0e-r5 1t5h eB .JCe.w s Druertiunrgn edt het o enPsauliensgt incee,n tutrhye aT emspelte fwoarsm roefb uriilttu aoln wiatss easntcaibelnits hesdi teb,y aEbzoruath and Nehemiah.
t reatedI nt he3 32J ewBs. Cs.e vtehree lyJ eawnsd ,c aamfet eurn dtehre rtehveo ldto mtihneayt isoent oofn ftohoet Maabcoeudto n1i7a0n sB.. C . Khiandg bAenetni oqcuheulsl eIdV, cteher tasienc onedx teJnetw,i shw hiTcehm pllea stweads udnetsitlr oytehde. c ouTnhterny thwearse cfoonlqluoewreedd ab y petrhieo dR oomfa nsi,n dePpoemnpdeeyn ceen,t etroi nga Jtehirsu sapleermi odi,n it.hee. ,y eaafrt e6r3 tBh.eC .d e sAtcrcuocrtdiionng otfo tthrea dsietcioonnd –T eBmapvllei,, wMearkek oatchc u2s4t o–m etdh et o Jegwos toa lstoh e durruiinngs of their holy site.
o f JudeIan atnhde dyuerairn g4 0 hiBs. C.r,e iwgint ht hteh eJ usduepapno rKti nogfd otmh er eRgoamiannesd, sHoemreo d,o fs uirtnsa maendc itehnet Gsrpelaetn,d obuerc.a m e HeKriondg reconstructed the Temple for the second time.
p redeceTshsiosr s,l afsotr Tienm plteh e wyaesa r no7t0 dAe.sDt.i,n eTdi tutso, awthtoa ianf tetrhwea rsdasm eb eclaemneg thR omoafn lEimfpee roerv,e nc onaqsu erietds JJeerruussaalleemm aanndd, alliskoe tNheeb uTcehmapdlnee,s ara spiaxr ta nodf at hhea lWfe scteenrtnu rWiaelsl ebaerilnige r,t hdee sotnrloyy erde mtnhaen tw hloelfet coift y tohfe building.
1 922-26I,n wteh ea rbeo otko lde dittheadt , bdyu rtihneg Dtohmei nfiicrasnt Fpaetrhieords ,a fVtienrc etnhte adneds tArbueclt,i onJ éorfu satlheem Tenmopulvee lloef, HePraordi,s ptlhaec eJ ewast ctohnatti ntuiemde tos egeom sa ntdo wheaevpe abte etnh e trhuei nsst oonfe iotn. M oAucncto rdMionrgi atho wthreardei ttihoen , Mtohseq uJee wosf' Owmaairl innogw- stands.
C apitolTihnea . E mpHeer oprr ohHiabdirtieadn th(e1 17J-e1w3s8 frAo.mD .)e ntmeardien g JJeerruussaalleemm aan d Rofmraonm tChoalto nyp,e riocda lldeadt esA etlhiea diin sppeorsssieosns ioonf itnh eP aJleewsst itnher osuignhcoeu tt htehne, wtohroludg.h , Isto mmea yJ ebwes shaaivde ,t hnaetv etrhtehreel ehsass, baelewna ynso bJeeewni slhi vinnagt ioinn ethxet encdoeudn ttroy ,t hetmh ebiyr tnhuem bseurc cebsesiinvge lraurlgeerrs oofr tshmea lcloeurn triyn. proportion to the degree of toleration
s ucceedTehde iDno mgientitcianng iFnattoh erJse rujsuaslte mq uaott elde aaslts oo nscaey at hyaeta r.e v eAnt atfhtaetr pHeardiroida nt'hse pprloahcieb iotfi olna mtehnet atJieowns dseiesmtas ncteo. h avFer omb eeann do na fttheer Mtohuen ty eoafr O3l3i3v eAs.,D .f,r owmh ewnh etrhee tPhiel gwroirms hoifp pBeorrsd ecaouuxl d visseiet etdh et hreu inHso lyi n Latnhde arendm ailneeadr nto ft hatth e" aHloll yJ ewTse mcpolmee, "o ntchee rae yeiasr at o mtohries oprl aclee,s sw eceopnitnign uaonuds latmreandtiitnigo nn eaabro uat sttohnee Jwehwisc'h devotions at the ruins of the Temple or in its environs.
w ho govAefrtneerd tthhee cpoaurnttirtyi ofnr oomf atbhoeu t R4o0m0a nA .EDm.pire, Palestine came under the Emperors of Byzantium,
C aliph AObmoaurt (t6h3e9 -6y4e4a)r m6a3d7e tJheer usvailcetmo rtihoeu s caApriatbasl eonft etrheed APraalbe srteianlem aonfd Pacloensqtuienree.d JTehreu sAarlaebms. b eTghaen ctio tyc.o n sItnr utchte Mcoosulresme oHfo ltyh eB usielvdeinntghs ceonnt utrhye thdeersee rwtaesd bMuoiulntt inM otrhiea h,s ouwthhiwcehs tesrtni lpla rcto momfa ntdheed atrheea otfh e MMeocscqau e anodf Aoqfs a,M edai npal acaes oafn spoebcjieaclt soafn ctvietnye roaft itohne aMnods,l emtsh,e rbeefionrge ,r eaclksoon eda nreexnto wtnoe dt hep lMaocseq uoefs apirelag riomra gteh.e H aIrne mt-hees hc-eSnhterrei f,o fa sM oiutn tw aMso rciaalhl etdh ebrye thwea s Arearbesc,t etdh utsh eb eDcoammee oaf pltahcee Roofc kg.r e aTth es anTcetmiptlye fshoor rtM oisnlteemrsr uapltli oonv edru rtihneg wtohrel dC raunsda dietr piesr itood ,b en oswp egcoieasl lbya cnko taibcoeudt t1h3a tc etnhtiusr itersa.dition, save for a
S amuel Tbheenr e Paalrtei esle,v eSroallo mJoenw ibsehn aJuutdhaohr,s aonfd tohteh e1r0st,h wahnod w1r1itthe caebnotuutr itehse, Jee.wgs. , reBpeani rMienigr , toR abtbhie PWialiglriinmg oWfa llt hef or1 1tdhe vcoetnitounrayl tpeusrtpiofsieess, taol sao cuonndteirn utahnec e Aroafb thdeo mipnraatcitoinc.e ofA tnhaem eJleewsss cCohmriinsgt iatno Jerusalem annually.
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i n 109T9h.e A raTbh ed omCirnuastaidoenr sw asa ti ntfeirrrsutp tetdr ebayt etdh e tahrer ivJaelw so f btahdel yC,r usbaudte rs afwtheor wcaorndqsu erebde caJmeer usamloerme twaols eraa nptl.a ce Boefn jcaomnisnt aonft Tpurdaeylear .s a yTsh e( 1A1r6a7b)s trheacto ndquureirnegd tthhee lcaotuenrt rCyr uasta dtehre Peenrdi oodf tthhee W1a2itlhi ncge nWtaulrly and Saladin, their great ruler, invited, in 1190, the Jews to return to Palestine.
h oweverF,o rb et hmee nteinosnueidn,g atlwroe acdeyn tiunr itehsi sP acloensnteicntei onp,r atchtaitc alilny thdei syaepapre ar1s1 93f raonm ahriesat oirny .f r oIntt osfh atlhle, Wwaais lidnegt aWcahleld wfaosr co"nrsetliitguitoeuds Woarq fc hbayr iKtianbgl eA"f daplu,r psoosne so fa cScaolraddiinng, ttoh att hies Mtoos lseamy Sthhaarti at heL apwr.o p erTthye nboewa ricnagl leodf tthhei sM ocgohnrcaebpit iQouna rwtielrl (bsee ed iasbcouvses)e dw eirne tchoen stfiotlultoewdi nWga.q f ,A bboyu ta 1c3e2r0t atihne Ahbouu sMeasd iwahni.c h Tahries Quarter was donated for the benefit of Moroccan pilgrims and derives its name from that.
i nterruIpnt io1n5 1o7f tnhien e coyuenatrrsy frwoams tchoen qyueearre d1 8b3y1 wthheen Ttuhrek sc ouanntdr yf rwoams tihnavta dedda tbey, tshaev eE gyfpotri aan s,s htohret aTnudr kihsohw diotm iwnaast iroeng alradsetde dd uorni nugn ttihle tThuer kpiesrhi ordé goifm e thiet Gmraeya tb eW asrt.a t edW itthh arte stpheecrte taor et hmea nWya isltiantge meWnatlsl e– spteocoi anlulmye rionu st hteo 1b8et hq uaontde d1 9htehr ec en–t uirni etsh,e wwhriicthi nggos toof svhaorwi otuhsa t ttrhaev eWlalielrisn gi nW atlhle aHnodl yi tLsa nedn,v imroornes cmeonnttiinonueedd ftoor bteh e pfliarcsets toifm ed ebvyo tai osnc hofloarr twhheo seJ enwasm.e hIans n1o6t2 5b e"eanr rparnegseedr vperda.yers" at the Wall are
t he WaiDluirnign gW atlhle wpeerrei oadr rniovwe dr eafte rbrye dv atroi,o usse vaeurtahlo rdietciiessi ownhso ohfa ds pteoc idaol wiintthe rtehset miant tceorn.n e ctWihoinl e witthhe Ca omdmeicsrseieo niesrssu edw ebrye Icbornadhuicmt iPnags htah eiinr Mparyo,c e1e8d4i0n,g sw haitc hJ efroursbaaldeem tthhee JCeowusn steol pfaovre tthhee Mpoasslseamgse ipnr odfurcoendt Mofo sltehmes Wfaulrlt,h eirt rebfeeirnrge do ntloy ap edremciisssiiobnl eo ff otrh e tAhdemmi ntios tvriastiitv e iCto u"nacsi lo fo f otlhde. " LiTwhae iCno utnhsee ly efaorr 1t9h1e1 oprthoehir bihtainndg, trheef erJreewds tfhreo mC ocmemritsasiino na pipnu retsepneacnicaels taot at hcee rWtaaliln. f irTmhaen Ciosusnuseedl bfyo rS utlhtea nJ eAwbsd,u lo nH amtihde dien votthieo nayle arv is1i8t8s9 ,a nwdh iocfh psialygsr imtahgaet, tthhearte arseh aslilt ubaet edn o ini nttheer fleorceanlciet iweist hw hitchhe aJreew sd'e ppelnadceenst oonf tfhoer tChhei efJ ewRsa bbailnsaot er,e fneorrr edw itthh e thCeo mmpirsascitoinc e too f a tfhierimra nr iotfu al1.8 41 ,I ns ttahtee ds atmoe bceo nonfe cttihoen stahmee bCeoaurnisnegl 1a8n8d 9. li kTerwainssel attioo nst woof tohteh edresc reoefs o1f8 9138 40a nadn d 11990191 atsh atw elclo nafsi romf tthhee fifrimrasnt ofm e1n8t8i9o naerde aonnnee xeodf to this Report (Appendices VI-VIII). The firman of 1841 was not actually produced.
t he auItnu mnO ctoofb er1,9 1179,1 4a,n TuArlkleiye dj oairnmeyd twhiet hC enGternaelr alP owAelrlse nibny thaes Girtesa t CWoamrm anadnedr,- iinn- Cthhiee fc ouernstee reodf iPnatloe stJienreu saanlde mc,a potnu rtehde J1e1rtuhs aolfe mD eacte mtbheer ,b e1g9i1n7n,i nGge noefr aDle cAelmlbeenrb.y cAatu stehde tthiem e foofl lohwiisn go ffpircoicalla maetnitorny to be read:-
g reat r"e.l i.g io.n ss ionfc em aynokuirn dC,i tayn di si tsr esgoairld ehda sw ibtehe na fcfoencsteicorna tbeyd tbhye thaed hperraeynetrss oafn dt hprieleg roifm agtehse moaf kem uklntoiwtnu dteos yoofu dtehvaotu te vpeeroyp lsea corfe dt hbeusiel dtihnrge,e morneulmiegnito,n sh ofloyr smpaonty, csehnrtiunrei,e st,r atdhietrieofnoarle sdiot eI, erendliogwimeonnst,, wpiilolu sb eb emqauienstta,i neodr acnuds tpormoatreyc tpelda caec coorfd ipnrga yteor ,t heo fe xwihsattisnoge vceurs tfoomrsm anodf btehlei eftsh roefe those to whose faiths they are sacred."
o f ForeDiugrni nAgf ftahier sa,d vhaandc e maodfe thteh e Alfloileldo wifnogr cedse cilnatroa tiPoanl esotni nbee,h aMlrf. oBfa lHfiosu rM,a jtehset yB'rsi tGiosvhe rSnemcernett aorny the 2nd November, 1917:-
N ationa"l. H.o m.e Hfiosr Mtahjee sJteyw'iss hG oPveeorpnlmee,n t avnide ww iwlilt hu sfea vtohueri rt hbee sets teanbdleiasvhomuernst tion Pfaalceisltiitnaet e oft hea apcrehijeudveicmee ntt heo fc ivtihla ta nodb jreeclti,g ioiuts rbiegihntgs uonfd eerxsitsotoidn g tnhoant- Jneowtihsihn gc omsmhuanlilt iebse idno nPea lewshtiicnhe , moary the rights and political status enjoyed by the Jews in any other country."
C ivil ATdhmei nBirsittriasthi oMni lwiatsa rsye tA dumpi nwiistthr aHtiiso nM aojfe sPtayl'ess tHiingeh lCaosmtmeids siuonnteirl ftohre P1aslte sotfi nJeu layt, i1t9s2 0h,e awdh.en a
S haria BCyo uannc iolr,d etro ohfa vteh ea u2t0htohr iDteyc eomvbeerr ,a l1l9 2t1h,e tMhoes lHeimg hW aCqofmsm iasnsdi oSnhearr ieas tCaobulritssh eidn aP aSluepsrteimnee .M o slTehme members of the said Council are elected by an electoral college.
h oweverT,h ew hMiacnhd anteev efro rc aPmael eisnttion ef,o rfcoer,e swhaasd oewnetdr uasltreeda doyn itnh et h2e4 tThr eoaft y Juolfy ,S è1v9r2e2s, obfy 1t9h2e0 , Cao untcriela tyo,f t2h9et h Loefa guSee ptoefm bNeart,i o1n9s2 3t,o atfhtee rB rTiutriksehy Ghoavde rsnimgennetd. t hTeh eL aMuasnadnantee Pceaamcee oTfrfeiactiya.l l yT hien taor tfiocrlcees oonf tthhee Mandate with special bearing on the matter in dispute are the following:-
Article 13.
i n PaleAsltli nree,s pionncsliubdiilnigt yt hiant coonfn epcrteisoenr vwiintgh etxhies tHionlgy rPilgahctess aanndd rseelciugriionugs fbrueiel daicncgess so rt os itthees Hthoel y rePqluaicreesm,e nrtesl iogfi oupsu blbiuci ldoirndgesr aanndd sdietceosr uma,n d ist heb y frtehee eMxaenrdcaitsoer y,o f whwoo rsshhiapl,l wbhei lree sepnosnusriibnlge solely to the League of Nations in all matters connected herewith, provided that nothing in
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rtehaiss onaarbtliec lew isthha llt hper eAvdemnitn itshter aMtainodna tofroyr ftrhoem epnutreproisneg ionft oc asrurcyhi nagr ratnhgee mpernotvsi saiso nhse moafy tdheiesm acorntficelrer inign tou poenf fetchte; Maanndd atporroyv idaeudt hoarlistoy tthoa t inntoetrhfienrge iwni tthh itsh em afnadbartiec sohra llt heb e macnoangsetmreunetd aosf purely Moslem sacred shrines, the immunities of which are guaranteed.
Article 14.
d etermiAn e stpheec irailg hCtosm mainsds icolna imssh ailnl cobnen eacptpiooinn tweidt h btyh e thHeo lyM aPnldaacteosr ya ndt ot hset urdiigoh,t s daenfdi ncel aiamnsd rceolmaptoisnigt iotno tahned dtihfef efruennctt iroenlsi goifo ust hciosm mCuonmimtiisessi oinn sPhaallels tbien e.s ub mTihtet emde thtood tohfe nCoomuinncaitli oonf, tthhee Lfeuancgtuei onfso rw itihtosu ta ptphreo vaaplp,r ovaanld oft hteh eC oCmomuinscsiilo.n shall not be appointed or enter upon its
Article 15.
a ll forTmhse Moafn dwaotrosrhyi ps,h alslu bsjeeec t thoantl yc otmop letthee fmraeiendtoemn aonfc ec oonfs cipeunbclei ca nodr dtehre farnede meoxrearlcsi,s e aroef Peanlseursetdi net oo na ltlh.e gNroo udnids corfi mriancaet,i onr eloifg iaonny okri nlda nsghuaalgle . be Nom adpee rsboent wesehna llt heb e inehxacbliutdaendt sf roofm Palestine on the sole ground of his religious belief.
m embersT hien riitgsh to wonf leaancghu acgoem,m uwnhiitlye tcoo nmfaoirnmtianign tiot ss uocwhn esdcuhcoaotliso nfaolr rtehqeu ireedmuecnattsi ono f ofa igtesn eroawln nature as the Administration may impose, shall not be denied or impaired.
Article 16.
e leemosTyhnea rMya nbdoadtioersy osfh aallll bef airtehssp onisni bPlael efsotri neex earsc imsaiyn g bseu crhe qsuuipreerdv ifsoiro nt hoev erm airnetleingainocues oofr ipnu blPiacl esotridneer taon do bgsotordu cgto voerr nimnetnetr.f e rSeu bwjietcht tthoe seuncthe rspurpiesrev iosfi osnu,c hn ob omdeiaessu roers tsoh adlils cbrei mtiankaetne against any representative or member of them on the ground of his religion or nationality.
o f theT hMea nZdiaotnei,s t wOarsg anriesparteisoenn,t ewdh iicnh wPaasl e"stthien ea ppurnotpirli aAtueg uJsetw,i sh1 9a2g9e,n cyb"y rtehceo gnPiasleeds tbiyn eA rtZiicolnei s4t EPaxelcesuttiinvee , hatsh e nomwe mrbeeprlsa coefd wthhiec hZ iowneirset eElxeecctuetdi vbey. t hTeh e ZiJoenwiissth ACgoenngcrye ssw.a s cTohnes tJietwuitsehd aAtg enac yj oifnotr conference of Zionists and non-Zionists held in Zurich in August, 1929.
k nown aAsr ttihcel eA n2t1i qoufi ttihees MOarnddiantaen cep,r o1v9i2d9e,s afnodr tthhee Weanialcitnmge nWta lolf ias Laanw aonft iAqnutiitqyu iitni etsh.e sTehnisse Loafw tihse law and therefore under the protection of the Department of Antiquities.
f or theT hCeo ldoinsipeust etso apruibsliinsgh oiunt Noofv etmhbee rW,a i1l9i2n8g, Waa lWlh iptreo bPlaepme rc a(uCsmedd. t3h2e2 9B)r,i tdiesfhi nSiencgr etthaer y poofl icSyt atoef HIXi)s .*M aj eAsfttye'rs tGhoev erdnimsetnutr biann cetsh e lmaasttt eyre.a r At hceo pHyi gohf Ctohmem issasiido npearp,e ra ti s theen cleonsde do fh eSreepwtietmhb e(rA,p pe1n9d2i9x, iinssstureudc tpiroonvsi siiso neanlc loisnesdt rhuecrteiwointsh i(nA ppreengdairxd Xt)o. the use of the Wailing Wall. A copy of those
_________________
*Not reprinted here.
IV. THE RESPECTIVE CLAIMS OF THE TWO PARTIES
c ircumsWtea ncpeass sw hincohw hatvoe lae dd itsoc utshsei orna isoifn g tohfe throessep eccltaiivmes . claims of the two Parties and the
E LIASH,T hMeB .c onDtAeVnItDi oYnE LoLfI N thaen dJ eRwAiBsBhI SMi.d e BwLaAsU , orwahlol ya lesloa bosruabtmeidt tebde fotroe tthhee CCoommmmiissssiioonn bay wDrRi.t teMn. JMeemwiorsah ndpuamr sodnraagwens uipn oJne rbueshaallefm . of Tvhaer iAoruasb Jceownitsehn toirogna nwiazsa toiroanlsl yb ye lDaRb.o raCtYeRdU S byA DLAEORU NIa ndB EYc erAtBaDiUnL HADI, AHMED ZAKI PASHA and MOHAMED ALI PASHA, who also put in numerous documents.
p roceedTihneg s caotn tJeenrtuisoanlse mo fm ayt hbee tswuom mPaarritzieeds asa sf ollaliodw s.before the Commission in the course of the The Jewish Claims.
(a) The Jew's Custom of resorting to the Wall for lamentation
t he FirTshte Bcouoskt oomf iKni nqguse,s tCihoanp .i sV IbIaIs,e dV eorns et h1e1 ,c evnitzr.a,l tihdaeta Goofd 'tsh ep rJeesweinsche riesl iignitoinm aatse lrye cboorudnedd uipn with the actual Temple of Solomon. This passage says "the glory of the Lord filled the House of
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othteh erLso.r d .H"e n ceO n thteh adte sbtarsuicst iotnh eo fJ etwhse hTaevmep lea lwhaayss bereeng afrodre dm atnhye cTeenmtpulrei esa sa nad Hsotliyl l Pcloanctei naubeosv et oa lble rae lsiucb jtehcatt orfe mlaaimnesn toaft iownh atf orw ast hetmh e anHdo usteh iosf etxhpel aiwnosr d,t hei n oroirgdienr otfo tghievier vecnuts totmh eroef, rienp aifrrionngt toof tthhee Wall, to their wailing and lamentation.
t hat foTlhleo wJeedw iuspho nS itdhee dceosnttreuncdt,i otnh aotf tthhies Tceumsptloem. goes back to the most ancient times, i.e., those
mentionA ipsr omoafd eo fo f tfhoiusr tshceo rJee wosf cmleani mw htoo cfaimned firno mt hvea riBoouosk poafr tJse roefm itahhe, cCohuanpt.r yX LwIi,t hV eorfsfee r5i,n gsw haenrde ilnocnegenrs e iinn etxhiesitre nhcaen,d itto mbursitn g htahveem bteoe nt hoen Htohues e siotfe thfeo rLmoerrdl.y oAcsc utphiee d Tebmyp lteh ea tT etmhpalte ttihmaet watsh onsoe Cofhfreirsitinagns weerrae, lJaeiwds. maAdcec orpdiilnggr itmoa gtehse ttoe sttihmeo nWya lolf eJveewni shw hwerni tJeerrsu soafl etmh e hafsi rsbte ecne natlumroisets owfh oltlhye abbeacanduosen edo fb yt hteh e"idri vcionmep aptrreisoetnsc.e "T h(eS hJeekwisn ahho)l dt htahta th atdh en eKvoetrh edle pMaaratreadv if rcoomu lidt .n e vAe rC hbiee fd eRsatbrboiy eodf, twhhei chp eerxiaoldt so ft hteh eb eBlaibeyfl oonfi atnh eT aFlamiutdh faunld. o fI nt hJeé rJuesraulseaml enmo uTvaellmlued, stpheea kwso rokf oft het hed ivtiwnoe Dpormeisneinccaen FRaomtahen rsE,m peVrionrcse npte ramnidt tAebde lt,h e tJheawts htaos cboemeen taol rJeearduys almeemn tiaonnde de,v enw et oa rweo rtsohlidp twhiatth ini nt heea rTleym pdlaey sA retah,e doir staatn ceo,t herre cittiem est hetior apsrcaeynedr s thaen d Mcoaurnrty oofu tO ltihveeisr wlhaemreen tatthieoyn sc.o u lIdn sseuep ptohret oHfo lyt heS itceo ntfernotmi oan tthhaost e thwer iJteewrss' wdheovsoet inoanmse sa th atvhee bWeaelnl ahlarveea dbye eand dpuecresdi sitne nttlhye choinsttionruiocuasl, ptahret Jaebwoivseh aSnidd et or efoetrhse rst,o siunc ht haes 1t7hteh Chaunrdc h1 8Ftaht hceern tGurreigeosr y sopfe akN azoifa nlzaumse.n t aMtoisotn so fb etihneg nacrornadtuicvteesd oaft ttrhaev elWlaelrls. i n BaPeadleeksetri'nse gseucidtei ont,o cPoanlteasitnisn ea d(ePsaclreispttiinoen eftr omS ytrhiee , peLne iopfz iAgL BeEtR T PSaOrCiCsI,N ,1 9t1h2e, orpiaegnet a6l2i)s,t , ionf itthse chuissttoomrsi caolf bthy e tJheew sa saste mtbhley . Wa lTlh ea nJde woifs ht hwer iptrearyse rasr ep,r oonfo ucnocuerds et,h etrhee bmyo rteh en ucmaenrtoourss aanndd tohfe itrh e naarnrsawteirvse sg itvheen more detailed.
(b) Frequency and Character of the Worship in Front of the Wall.
went to1 . the DWuarliln g otnhcee fai rsyte arc,e ntpurroibeasb layf toenr tthhee daensntirvuecrtsiaorny ofo f thteh eT edmepslter,u ctthieo nJ e(wtsh eg en9etrha lloyf Anbo)t . o nLlayt era so n pi(lwgirtihm sa n biuntt erarluspot ioant dtuhrei ngt itmhees Croufs atdheer pvearriioodu)s three lJiegwiso uwse nfte atshtesr e amnodr e oonf ttehne, Sraebsboartthins.g toA fttehre tWhael l.c on qSuienscte otfh eJ ecrluossael eomf btyh et h1e8 tAhr acbesn,t utrhye tlhaet tferre qduiedn cnyo to fh itnhdee r hotlhdei nJge wosf ftrhoem Pdaelveostitionnes ahnads esvpeercyi almluyc hi ni nJcerreuassaelde m.in proportion to the growth of the Jewish population in
Wall we2r.e limiTtoe dj uddguer infgr omt hteh ec omuermsoer aonfd usme vperreasle ncteendt ubryi etsh et oJ ewwaiislhi nSgi daen dt hlea mJeenwtsi'n gd.e v oTthieo nsF aiatth ftuhle athpepry oawcohueldd tohfet eWna lall saon ds,l ibpr iinngtion gt hteh ecirre vfiocreesh ebaedtsw eiennt ot hceo nsttaocnte sw iotfh tihte, Wwaeltl istt rwiiptsh otrh esihre ettesa rosf; praeapdeir ngc oonrt arienciintgi npge taitt itohnes Waanldl octehretra inp iposuasl mwsi,s hfersa.g m enLtast eorf otnh,e tLhaew oJfe wsM osbeesg,a no rt hper apyrearcst.i c eE veorf asindn cet het hev ar1i8otuhs cpernatyuerrys atto lbeea srte cpirtiendt eadt btohoek sW ahlalv.e bLeaetne ru soend acgoanitna,i ntihneg dtehveo toirodnesr hoafv et hael sos ertvaikceen sthyen agfoogrume .of a read religious service requiring some of the appurtenances used at the service in a
s eparatTihneg Jmeewns acnodn tweonmde na,c caonr diAnrgkl yw itthha tS ctrhoel luss ionfg tohfe sLuacwh, arpiptuuratle nlaanmcpess, aas wbaesnhc-hbeass,i na, sectrce.e,n wfaosr ctoo mmtohne aJnedw iswha sc oanltseon tailolno wtehdi sb ys ttahtee aouft htohriintgise ss hoonu ltdh eb es phoetl dl otnog cboenfsotriet utthee tGhree astt aWtaurs. qu oA cacnodr ditnhge ethxei stfiinrgm arnisg hotfs t1o8 9w1h,i c1h8 8A9r ta.n d1 3 1o8f9 3t,h ea lMraenaddayt eq uroetfeedr.s . FFuorrt htehrimso rpeu,r ptohsee tJheew s Jemwasi natlasion rtehfaetr toon cpaersstaagien aoncdc aasliloengse dtuhraitn gt hatth es hTouurlkdi sbhe hreélgdi mteo tphreoyv e htahvaet ciotn twraisb uatne du ndteor stthoeo d ctohsitn go ft hapta vtihneg Jtehwes had certain rights and obligations in that respect.
P ower sFhuarltlh egru atrhaen tJeeew itshhe SJiedwes fcrleaei m extehracti,s ea cocfo rwdoirnsgh itpo aAtr ttihcel eW a1l5l oifn tthhee Mfaonrdma tper,e sctrhieb eMda nbdya ttohrey orithteuar l reolfi gtihoeni.r rSetliilgli omno rwei,t htohuet Aarnayb si nstheorufledr ebnec ep rwohhaitbeivteerd ffrroomm tdhies tAurrabbisn go rt hteh eJ eawdihsehr esnetrsv iocfe s anbyy bley adcionngd udcotniknegy st hteh rZoiukghhr trhiet upaals siang et hoer cboyu ritnysatradl laitn gt hae msuoeuztzhienr ni ne ntdh eo fn etihgeh bPoauvrehmoeondt ,o ft ot hweh iWcahl lt hoer oJpeiwnsi oonb jtehcatt btehcea upsree soefn tt hCeo mcmoinscsoimoint ahnats dtihsea gsraemeea bploew enrosi saes. t hTeh eH oCloyu nPslealc eosn Ctohmem iJseswiiosnh. S iTdhee aJreew iosfh SWaidlel ddooe sn onto tc lcaoinms taintyu tper oap rpireotpaerryt yr iignh tt hteo otrhdei nWaarlyl .s en sTeh eo fJ etwhiasth wCoorudn,s etlh ea rWea lolf foaplilniinogn utnhdaetr tthhee cSaitdeeg oprryo toefs tr easg adiinvsitn uma noyr arneds eevxetrrya cfoomrmme rocfi umi.n no vOant itohne ibna sitsh eo fs ttrhuactt uproei notf oft hev ieWwa ltlh ea nJde wiisths Ciommmmeidsisaitoen sau rdreotuanidliendg s" Noctaer roine dr eocuetn t bMyo sltehme iMnonsolveamtsi.o ns aTth et hJee wWiasihl inSgi dWea llh,a"v ew hsiucbhm iitst eadn netxoe d tthoe hteh isw asd oceuxmaemnitn ed( Aapsp enad iwxi tnXeIs)s. b eTfhoer ep ltahien tCiofmfmsi srseifoenr, twoi tah prreofneoruenncceem etnot tmhaed ep rboyp eSrhteiieksh dHeadfiecza,t edw heans Wsaucqfh s pr(oppaegretsy 7i1s1 -t7h1e2 ),p rotpoe rtthye oeff fGeocdt wthhialte ssoommee lseaayr ntehda tl aiwty eirss tahned psroompee rtjyu riosft sn obwooduyl.d saIyn tthhiast cthoen naecdtvainont agteh eo fJ eswoilsvhi nCgo uennsteilr ealsyk tthhee prCoobmlmeims.sion to accept the above definition which would have
(c) Is the Wall a holy place from the Moslem point of view?-
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The question of Buraq.
The question of Waqf.
be cons1i.d ered Tahse MJoeswlse md enHyo ltyh aPtl atchees .W a lAlc,c otrhdei nPga vteom etnhte iJne wfsr,o ntth eo fM oistl eamnsd tthheem sMeolgvhersa bdio Qnuoatr terre gcaarnd tthhaemt tshoe, Mboesclaeumsse hoatvhee rdwoinsee otnh ecye rwtoauilnd ocncoats ihoanvse, bneosrm epaerremdi tttheed Wtahlel cownistthr ufcitlitohn aosf tah ew aJteewrs clsotsaette cpalorst e oft ot hteh ee xwtaelrli otrh aotf itsh e aH adrierme.ct continuation of the Wailing Wall to the south and also forms
that th2e. legeWnidt hionu tq udeisstpiuotni nogn ltyh ed aftaecst ftrhoamt ac epretraiiond wsreivteerrasl mceennttiuorni etsh es uBbusreaqqu,e ntt het o JeMwosh amamsesde'rst lthiefey tismaey , anfdo r tahtattr itbhuet iBnugr aaq siasc rneodt cmheanrtaicotneerd toi n thteh e PaQvoermaenn.t iInn fcroonnste qoufe ntchee tWhaelrle biesc aunsoe roefa stohne, Pabroopuht ett hhaatv.i n gF upratshseerdm otrhee,r et hoen rhoiust ec etlheastt iMaolh ajmomuerdn etyo,o ka sb etfhoer eM oesnlteemr ihnogl yt hbeo oTkesm pdloe naorte as awya sa nnyetvheirn,g othuet y thaaltl etghee, Perxoapchtelty pdaesfsiende db,y atnhde riet anids tohnalty hqiusi twei nrgeecde nsttleye dt hwaats ttheet heMroesdl etmos ahna vier obne gruinn gt oi nm atkhee cwaallll twhhei chW aiilsi nngo wW aplalr tA lo fB utrhaeq .M o sTqhuee oofff iBcuiraalq .g u iMdoer etoov etrh,e tHhaer eMmo stlheamts wdaisd pnuobtl,i suhnetdi li nr e1c9e1n4t byye artsh,e Moslem authorities does not mention any special sanctity as inherent in the Wall.
Moghrab3i. QuarAtse r,t o tthhee JWeawqifs hc hSairdaec tedre colfa ret het hWaatl lt,h eo f exttheen sPiaovne meonft tihne farroenats odfo niatt,e da nfdo ro f Wtahqef bpourunpdoaseris esi s anroet ncolte acrlleya ri.n d icFautretdh eirnm orteh,e rtehgei sftaecrts tohfa tt hae Schearrtiaai n Coaurreta, haansd bpeaernt iccounlsatriltyu ttehda t Wtahqef cdaenvnootit,o nsi n hatvhee ira lvwiaeyws, baefefne chte ltdh eb oetxhe rbceifsoer eo fa nJde waifsthe rw otrhseh icpr eaatt itohne oWfa ltlh,e sWoa qmfusc ha ntdh e allseos s baesc autshee the free exercise of worship is guaranteed by the Mandate.
t he folIlno wpiunrgs uaacntcieo no:f- the said contentions the Jewish Side have requested the Commission to take
the Jew(s1,) not toon lgyi vfeo rr etchoeg nJietwiso ni nt oP atlhees tiimnmee,m obruita la lcsloa ifmo rt htahte tJheew sW aoifl itnhge Wwahloll ei sw oar lHdo;ly Place for
for pra(y2e)r s int oa cdceocrrdeaen tt hwaitt ht hteh eJierw sr isthuaalll whiatvheo utth ei nrtiegrhfte roefn cea cocre sisn tteor rtuhpet iWoanl;l for devotions and
conditi(o3n)s of tdoe cdeenccrye ea ntdh adte ciotr ums hcahlalr abcet epreirsmtiiscs iobfl ea tsoa crceodn ticnuuset omt hteh aJte whiassh bseeernv iccaersr iuendd eorn tfhoer many centuries without infringement upon the religious rights of others;
devotio(n4s) and tpor adyeecrrse,e sthhaaltl tbhee ednrtarwuisntge du pt oo ft hea nyR abrbeignualtaet ioofn s,P altehsatti nmea,y wbheo nsehcaelsls atrhyu sa sr et-oa sssuumceh Rfaublbl inraetsep oonfs itbhiel iwtoyr lidn; that matter, in discharge of which responsibility they may consult the
should (m5a)k e tthoe snuegcgeesssta,r yi fa rtrhaen gCeommemnitsss iboyn ewrhsi cahp ptrhoev ep roofp etrhtei epsl anno,w tooc ctuhpei eMda nbdya ttohrey MPoogwherra btih aWta qift emiregchtt edb eu pvoanc astoemde, etlhieg ibWlaeq fs iatuet hionr iJteireuss alaecmc,e ptsion gt haitn tlhiee uc hoafr ittahbelme cpeurrtpaoisne , nefwo r bwuhiilcdhi ntghsi st oW abqef was given, may still be fulfilled.
The Moslem Contentions.
d eclaraBteifoonrse ogni vmiantgt erasn oafc cporuinntc iopfl e tthhea tp owienrte omfa dev ibeyw AoHfM EtDh eZ AKMIo sPlAeSmH AS iodne ,b ewhea lfm ayo f rtehfee rM otsol etmhse, and which were repeated later by MOHAMED ALI PASHA:
t o make" tWhiet hf oglrleoawti nrge srpeescetr vtaot itohnes :Commission I feel it my duty before beginning my statement
First: The Palestine Arab nation have rejected continually and in every opportunity the British Mandate over Palestine, and therefore they cannot be bound by any arrangement or
regulation derived from that. Mandate; nor can they be bound by anything pertaining to what
is known as the national home policy. My statement in this direction should not be taken as
indicating any departure from that attitude which was adopted by this nation in exercise of
its right to determine its own future.
Sweictohn do:n l yM obsyl emcso mpsettaetnet thbaotd iaelsl acso nptreenstciroinbse dr elbayt itvhee toS haMroisal emL aswa.c rOetdh eprl acbeosd iessh oucladn bhea vdee alnto jthuerises dipclatcieons .whatever by the Sharia Law. Other bodies can have no jurisdiction whatever on
f ollowiSnugb j.e c.t ."to the above-mentioned two reservations, I have the honour to submit the
r eservaTthieo nsf oalfloorweisnagi d.contentions of the Moslem Side have been formulated with the explicit
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(a) Historical.
d efinitHeilsyt odrryi vsehno wosu tt hoaft tahfet erc ouhnatvriyn g bayc qtuhier eRdo mPaanlse satfitneer btyh et hdee srtirguhctt ioofn coofn qJueersuts,a ltehme bJye wsT iwteurse. Tyehae rsC hrdiusrtiinagn st hteh eenp orcuhl edo ft hteh ec oCurnutsrayd eusn ttihle theef fAercatbi vec onpqousessets suinodne ro fO mtahre. Wciotuhn trtyh e heaxsc ebpeteino ni no f t9h0e hianntders feorfe d thwei tAhr abbsy ftrhoem Agreanbesr atainodn twoe reg enfeariartliyo n.w el lT het reJaetwesd whboy ctahmee Mtoos lPeaml esrtuilneer s weorfe ntohte acnouy ntrriyg.h ts Dtuor itnhge tWhailsl laonndg wpeerrei ocdo nttheenrte twoe rgeo nnoo wi nacnidd etnhtesm atto tlhaem eBnutr aaqt. t hTahte pJleawcse , necvoenrt enctleadi meidn Dtehce laarsastuiroann,c er eitthearta ttehde int otlheer anTte rmAsr aobfs twhoeu lMda ndnaotte , inttheartf ehraes wbietehn tthhee mc.a u seI to f ist het hdei sBcaulsfsoiuorn nwehivcehr ftihnoaulglhyt borfo ubgehfto rbel.o oTdhseh edc roevaetri oPna loefs tai nJee wainsdh inncaittieodn alt heh oJmeew si nt oP aulregset icnlea,i masn wAhriacbh tchoeuyn thrayd, ltorostu blfeosr aenvde rd ibsys entshieo nJse.w sT hheu ncdoruendtsr y awnhdi chhu ntdhree dJse wosf hyaeda rtsa keang oo,v ecra nb yo nrliyg htg iovfe croinsqeu etsot wpaesr paegtauianl Plaolset,s tianned stehvee rAarla bcse ntiunr itehse ibre ftourren, cbountq uferroemd tihte, Bynzoatn tfirnoems .t hIet Jweawss ,n owth oa Jheawdi sbhe ekni ndgrdiovme nt hoautt thoef Arabs occupied in the 7th century, but a country to which the Jews had no right whatever.
(b) The Jews' rights to the Wall, the Pavement, the surrounding
area, and the character of their devotions.
T he BurIatq ifso rhmesr ea na iqnuteesgtriaoln paabrotu to fp rtohpee rHtayr awmh-iecshh -hSahse rbiefl,o nngoetd at os itnhgel eM osstloenmes offo rw hmiacnhy dcaetnetsu ribeasc.k bteo ent hceo ndsatyrsu cotfe dS ofloorm otnh.e uTshee opfa stshaeg ei nihna bfirtoanntt so fo ft hteh eW aMlolg hirsa bnio tQ uaa rtpeurb liacn d paosfs aogteh,e rb uMto shlaesm s onwlhyo Mwaonrot cctaon goM otsol etmhse Mwohsoq uceo moef Bausr aqp ialngdr ifmrso m toi t tthoe thHeo lHya raCmi.t y Tohre swuhror oudnedsiinrge atroe a einsd inthhaebiirt edd aybsy tehxeprreo.p ri aTthiiosn qouna rtbeerh ailsf ionf ctohnes eqJueewnsc,e wehnotsier eluyl teMroisolre m aainmd itth e isA ratbos ewrielclt neav esry ncaognosgeunet otno tihtes osnploty . be Aesx ptlhaei nJeedw sa sh abveei nngo druieg httos tihne tthoel emraatttieorn, sthhoewinr tporweasrednsc et haetm tbhye tWhael lM oosnl emcse rtaanidn wdhaiycsh chaans tboeleenr amtuicohn tgor epautte rf otrhwaanr d tchlea itmosl etroa tpioosni tiovfe trhieg htCsh raiss ttihaenys .a r e Tthrey inJge wst o cdaon.n o tT heb uifladc t utphoant tthheiys bwey rIe brpaehrimmi tPtaesdh at oi nr etshoer ty etaor t1h8e4 0W,a lall roena dsyu frfeefrearnrceed mteor.ely is clearly shown by the document issued
c learlyF reovmi dneunmte rtohuast swthaetne mtehnet s Jienw s thwee rew oraklsl owoefd ttroa vealplperrosa,c h hitshteo rWiaalnls,, wgheiocghr awpahse rsn,o t etacl.w,a ysi t thies csaersev,i cetsh.e y Mroersetorviecrt,e da t thceemrstealivne sp ertioo dlsa,m etnhtea tJieownss daindd nomta dlea mneon ta tetveemnp ta t ttoh eh oWladl la cbtuuta lo utrseildieg itohues city instead.
i n suppTohret Jeowfs thhaedi rn octo,n ttehnet iMoons ltehmast satyh,e yp rhoadvuec etdh ea nyt iogfhfti coifa lh odlodciunmge ntr eolri grieosuosl usteirovnisc etso aatd dutchee Wall. The firman of 1889 and others, to which they refer, have not the bearing they allege.
(c) Status quo.
H oly PlTahcee sM odsoleesm nSoitd eb edaerc lraerfee rtehnacte twoh atth ei sB ulraaiqd. d oAwsn taob otuhte tHhoel ya pPpllaicceast,i otnh eo fr uslteast ugsi vqeuno hianv e tihne Pvilaecw e.a Tdhiisst rciabnuntoito nb ea mtohneg casseev ewriatlh rceogmamrudn ittoi est heo fB urtahqe,i ra sr etshpee crtiigvhet troi gihtt,s bottoh aa s cperrotpaeirnt yH oalnyd rfaoirs eedn jiosy mtehnet aomro uunste obfe ltoonlgesr attoi otnh et hMaots lietmss .p r oApsr ireetgoarrsd sa rteh ep rBeupraarqe,d tthoe eoxntleyn dq uaensdt iwohni cthh acta ncnaont bbee increased beyond the limits fixed by the proprietors.
P ower bTehfiosr e wtahse mPoerremoavneern tr eMcaongdnaitzeesd Cobmym iCsOsLiOoNnE La tS YiMtEsS ,9 thw hSeens shieo ns pionk e1 92o6n (bMeihnaultfe so,f patghee 1M7a4n)d:atory
w estern" Mt.e mYpAlMeA NwAaKlAl .asked for details of the incident with regard to the lamentations at the
b ewail "tChOeL ONfEaLl lSeYnM EgSr asnadiedu rt haotf tIhser aJeelw.s w eTrhee acsciutset,o mheodw etvoe rg,o twoh itchhe twheesyt eronc cTuepmipelde fwoarl l thteo npourt polseeg albleyl oanlgleodw etdo tao Mdoos laenmy tWhaiqnfg, wahnidc,h wwhoiulled tghiev e Jtehwes iwmeprree sasliloonw etdh atto tghoe tshietree ,i nt hqeuye swteiroen fwaros m tahceqiuri roiwnng parnoyp elretgya.l rAilglh t rienl igtihoeu sm atctoemrm unoift iperso pedritdy twhheiicrh utthmeoys tc otnos ipdreerveedn tt o eabcehl onogt hteor ttho emtsheel vbersi.n gTihnigs obfe isntgo oslos, btyh et heM osJleewmss twoh ot iolwen esdi tteh,e fsoirt e( thieny qsuaeisdt)i ona ftheard srtaoioslesd woobujledc tcioomnes bleegnachl esc,l aitmh et ob etnhceh essi tweo.u lHdo wtehveenr bmeu cfhi xseydm,p aatnhdy btehfeo rAed mlionnigs ttrhaet iJoenw sm iwgohutl df ehealv ef ore sttahbel iJsehwesd ian bqrueosugthiot nsb,y itthse mJaenwdsa toonr yt od utthye wsaist et oi nr eqsupeesctti otnh et hset aptoulsi ceq uoh ada ndt o threermeofvoer et hewmh,e n fosrt ootlhse wJeerwes wreerger etntoatb lel eignaclildye nwti twhoiunl d thhaevier orcicguhrtrse.d s iImfi latrh et o ppoalsitc ei nhcaidd enntost. taken away the stools a
a nd the" TGhoev eqrunemsetnito nw ocuoludl dd o ointlsy ubtem ossett ttloe dp rboym oatne asgurcehe maenn ta grbeeetmweenetn. "the Moslems and the Jews
c laim wIhna tceovnesre qaunedn cteh,e ttheea rJse wtsh ecya nhnaovte rsehleyd udpuorni ntgh et hper icnecnitpulrei eosf dsot antouts gqiuvoe itnh esmu papnoyr tr iogfh t anoyf property to the Wall, nor of enjoyment of it as a place of resort.
HP EXHIBIT 92
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Jerusalem - United Kingdom Commission report on the Western Wall (1930) - LoN report/Letter from Jordan - Question of Palestine
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(d) T h e P aavreemae nhta vien af rsoanctr eodf cthhaer aWcatlelr aonfd tthheei rs uorwrno.unding
s eventeTehnet hs aScurread noefs st hoef Qtohrea nW arlelf,e rwehnicceh ifso rmmasd e a top artth e ofP rotphhee tH'asr acme,l ecsatninaolt jboeu rdniesyp,u tdeudr.i n g Inw hitchhe he visited Jerusalem, as follows:
h ave bl"eGslsoerdy tbhee tpor eHciimn cWthso .m a.d e. "His servant go on a night from the sacred Mosque of which we
Iwht icohu ghwta s toa lrbeea doyb saenr veodb jtehcatt owfh evne nMeorhaatmimoend fcoarm et hteo MJoesrluesmasl,e mw,a st hcea lslietde Moafs dtjheed aAnlc iAeqnsta T(eim.pel.e,, rsaemncotteu aroyr)a.t o rAyt) thiant tciomnet rMaesctc a twoa st hheo stMiolseq uteo Moofh amMmeecdc.a oOrw inMga stdoj etdh atA,l JeHraursaaml em( ia.ned. ,e sopreactioarlyl,y dthuer inTge mtphlaet apreerai,o df otrh eay cteurrtnaeidn tpheeriiro df,a cbeesc aimne tthhee dfiirresctt iKoinb loaf (Jdeirruescatlieomn ) whfeonr ptrhaey iMnogs laenmds , iti .wea.s, not till later on that Mecca became definitely the Kibla.
S herif Tahneds ei tfsa cdtesp eenxdpelnati nb uitlhdei nsgpse.c iTahle ssaannccttiittyy toof Mtohsel eWmasl l aalnld oovfe rt hteh ep awsosralgde oifn tfhreo ntH aorfa mi-te sihs- dthuee ret o antdh e wafsa ctt etthhearte do nt ot het heP roWpehsette'rsn aWbaolvle omfe ntthieo nHeadr ajmo.u r neIyt hiiss iwni nagcecdo rsdt eweidt h( Atlh iBsu rtahqa)t ctahmee hsoururseosu ndfionr g thaer eMao rhoacsc anb ePeinl gcroinmsse chraavtee db eWeanq fe rebcyt eidt so np riotp.rietors and that schools, "Zawiyahs" and (e) The conception of Waqf and its legal bearing.
d edicatAe d Watqof siesr vea n soombej ecrte litghiaotu se itohre rc hiatrsietlafb leo r putrhpeo sweh.o lAe poefr siotns wrheov emnaukee sh aas dboeneant idoenf ionfi tetlhye Wiancqfoms,e boufi ladni nogbsj eocrt lfaonrd Wcaoqnfs epcurraptoesde sf oarl sroe lliogsieosu st hoer pcrhoapreirttayb lrei gphutrsp otsoe si,t .i s Tdhiev ifdierds ti nctloa stsh roefe (cab)t eg"o rZiaewsi:y(aah)s "M oasnqdu esa liakned ppllaacceess coofn sweocrrsahtiepd, tio. et.h,e prleaacdeisn gr eosfe rtvheed Qfoorra nt,h et heex esrtcuidsye ooff three liSghiaorni;a Lmainw isatnedr ttoo tshoem ec eortehmeorn yc hoafr itthaeb lZei kpru;r po(sce)s polfa ctehsa td ekdiincda.t e d Thteo sseecrovned acsl ahsoss pciotmaplrsi,s ehso sipniscteist uotri otnos forr omo bjtehcetms wdheidcihc,a ttehdo ugfho r thaelyl hatviem en ott ot hermesleilgvieosu s beoern scoh adreidtiacbaltee d,p uhrapvoes esh.a d thTeh uisn,c ombeu ialrdiisnignsg, rsetoverenhueo usaecsc ruoirn gl afnrdo mu ntdheer scauildt iivnasttiiotnu tmiaoyn boer coobnjsetcitt uwtieldl Wbaeq fsse;t aasnidd ew hteon stehravte hsaosm eb eseunc hd opnuer ptohsee as mentioned regarding the first class.
c onstitMuotreedo vWearq,f s bcya nnao t dbeec rdeies poosfe d tohfe byS hsaarliea oLra wa,l ieinnastteidt uitni oannsy oatnhde r owbajye.cts that have been
f irst cAlsa sfso.r m iTnhge ap apvaermte notf int hef roHnatr amo f tthhee BWuarlalq abnedl ontghse Mtoog har aWbaiq fQ uoafr ttehre arfei rsWta qfcsa teogfo rtyh eo ft hitrhde Mcaostelegmo ryp iolfg ritmhse. s amTeh e clSahsasr,i a beLcaawu slea ytsh eiyt hdaovwen bteheant dJeedwisc actaendn obty ctlhaeiimr apnryo prriigehttosr sw htaot stoheev eru sew iotfh regard to those objects.
p eacefuAl aWnadq fu npirnotpeerrrtuyp tecda npnoosts esbsei oanc qaubi raendt iqbuye , usiu.cea.p,t ifoonr autn lleesass t th3e3 yuesaurcsa.p t oTrh eh afsa cte ntjhoayte dt hea Mcoonsdleimtis onisn tahse tchoeuyr shea voef pteirmmei thtaevde tchoem eo tthoe rt oilnehraabtiet aJnetwss ogfo iJnegr utsoa lweeme pa nadt ftohree iWganlelr su ntdoe rg ot het hesraem,e dporeisv ilneogte cionn ftehre ufpuotnu ret.hem any right whatsoever, either proprietary or that of enjoyment of the
b enchesA,s crheagiarrsd,s at hsec rceleani,m eotfc .,t hteh aJte wiss tnoo tb eb aasleldo woend atnoy bersitnagb laipsphuerdt ecnuasntcoems sttoi ltlh el eWsasl lo,n sau chha baist ab antiquo, for the Arabs, they say, and before them the Turks, have always protested against such ivnolnoumvaintioouns s coarsr easpppoenadresn cfer oimn tthhee maabtotveer- mbeenttwieoenne d thdeo cSuumpernetmse oMfo stlheem yCeoaurnsc il1 8a4n0d atnhde 1G9o1v1e,r namnedn t tohfe oPfa lePsatlienset i(nMeo sclaenmn oEtx hibbei trse gNaorsd.e d9 aasn d co1n0s)t.i t uTthien gp raonvyi siroingahlt .r e guMloarteioovnesr ,i sisnu edt heb y Wthhiet eG oPvaeprenrm enotf Nsourvermobuendr,i ng1 9a2r8e,a tahree Meaxncdlautsoirvye lPyo wMeors lreemc oprrdoepde rtthye.ir recognition of the fact that the Wall and the
s ervituTdhee iJse wnso ta rceo mnpoatt ibelnet itwlietdh ttoh e lapyr etcelnasiimo ntso oaf rtihgeh tJ eowfs .s e rAv isteurdvei.t u dTeh ec alnengoatl enxaitsutr et oo ft hae tahdev apnrtiavgiel eogfe ionfd eptaeyrimnign astiem ppleer svoinssi.t s Itno atnhye Wcaalsle., the Commission cannot allow the Jews more than
c ommentTahrei eMso stlheemrse tsot.ate that all that they have said about Waqf is based upon the Sharia Law and (f) The real intentions of the Jews.
r est onT.h eI na irme aolfi ttyh,e wJheawti swhe ahgaivtea ttioo nd eiasl nwoitt hm ehreerley itso ao bZtiaoinni ssteiact sm ofvoerm etnhte tahgaetd haansd iinn vavliiedws tthoe steo ctuhrei ncg onotfr aardyv,a ntthaeg erse aflo ra itmh eo fJ etwhse tZoi ownhiiscths tihse yt oh aovbet anion rpiogshste.s sIino n sopfi tteh eo fH aarlalm -tehsehi-rS hsetraitfe.ments
r easonaTbhlee (SShtarwa wC oRmempiosrsti,o np agiet s7e3l)f. admitted that the fears of the Arabs in this respect were
HP EXHIBIT 92
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Jerusalem - United Kingdom Commission report on the Western Wall (1930) - LoN report/Letter from Jordan - Question of Palestine
https://www.un.org/unispal/document/auto-insert-183716/[23/06/2023 15:55:33]
realityI td oi sn ott heex iBsatl,f omuerr eDleyc lbaercaatuisoen, tahlatth ouhgahs tihnecyi tceadn ntohte pJreowdsu cteo ancyl apirmo ocfe rtthaaitn trhiegihrt sc lwahiimcsh arien mwaeklel -gfoooudn dtehde,i rt hperye tfeenesli otnhsa tb y tfhoeryc ec,a na sc owuanst thuep ocna sseu pdpuorritn gf rtohme oduitsstiudreb.a nc eTsh eoyf e1v9e2n9 .endeavour to
t he WalElv,e n thiefy thdeoy ianl lreegael,i tbye faoirme tahte tChoimsm.i s siTohne, ftuhnadta mtehnetya l doa snpoitr atciloani m oft heZ ipornoipsemr tiys rtiog htt akteo Ppaolsesesstisineo,n wohfe rteh et hMeoys qwuoeu lodf tOhmeanr iannsdt aolf tthheem sewlhvoelse iTne mtphleei ra rpelaa,c ea.n d Tthoe dMroisvlee mt hCeo uAnrsaebls doeusti roefs here to adduce what the Encyclopedia Britannica says about Zionism, as follows:
r evival" oOfn et hoef ntahtei omnoaslt sipnitreirte staimnogn g retshuel tJse wosf itnh ea apnotliisteimciatli c faogrimt.a t iToon thhaiss bmeoevne mae nstt rtohneg ngaamteh erZiinogn iosfm thhea sp eboepelne igni vPeanl.e s.t in.e , .t h e Trheesyt orcaotnitoenm polfa ttehde tJheew isrhe dsetmapttei,o nt hoef reIbsurialedli,n g tohfe Hthoeu seT eomfp lDea,v iadn d "tvhoel urmee- e2s7t aobfl ilsDh2m6e,n tp aogfe st h9e8 6D-a9v8i7d)i.c t h(rMoonsel eimn EJxehriubsiatl eNmo .w i2t1h. )a prince of the
The Jewish Encyclopedia is still more characteristically explicit.
r econstLrOuRcDt ioMnE LCoHfE TtTh e( thTeenm plSeI R waAsL FRvEeDr y MOnNeDa)r .h a sJ AdBeOcTlIaNrSeKdY ,i nZ ApNuGbWlIiLcL , (1P9R2O2F)E StShOaRt KtLhAeU SNdEaRy ooff tthhee Heefbfercetw . UnPiivcetrusrietsy toof bJee rfuosuanlde mi,n asnudn dortyh eJre wpirsohm ipnaepnetr sJ eawlss oh avseh owe xpirte stsoe db et htehmes elivnetse nttioo nt hoef stahmee Zionists to rebuild the Temple at the spot that is now occupied by the Haram-esh-Sherif.
a ccordiTnhgel ys ictounasttiiotnu tteh uas pcerremaatneedn tb yd antgheer Jaenwds ai n metnhaec eH otloy pLeaancde .a nOdf etshpee ciJaelwliys h adte mJaenrduss,a ltehme doonees aarsek intgo lfaoyr htahned se xbpyr odpergiraeteiso no no fa ltlh et heM oHgohlrya bPil aQcueasr toefr tshheo wMso stlheamts tahned troe able cionmtee ntthieo nmsa sotfe rtsh eo fJ etwhse acdomuinttrtey.d . ATsh e tbhees t Jeswoilsuht iocnl aoifm st haer ew honloet qbuaessetdi ono nw oaunlyd blee gtaol faorrgbuimde ntth e thJeeyw s ofurgohmt anpoptr oatcoh inbge the Wall. V. THE EVIDENCE.
w ith: The evidence that the Parties have brought before the Commission deals in the first place
(1) The character of the Jews' devotions in front of the Wall.
(2) The appurtenances used there by the Jewish worshipers.
drawn b(y1 )t hemT hbeeitrw edeenv optriaoynesr,s tohfef eJreewds aisnsdeirvti,d upaalrltya kaen do fp rtahyee rnsa toufrfee roefd prcaoylelresc.t i vAe ldyi s(tii.nec.t,i obny isa Jceonwgirseh gactoinotne ntoifo na,d utlhte muaslueasl, fnourmmb eroifn gd eavto tiloena sta t 10t–hweh aWta lils itse rtmheadt ao fM icnoylalne)c.t i veA ccporradyienrgs toof tthhee same type as those in the Synagogues.
c ontentTihoen . Co uTnhsee l Gefromra nt hJee wJieswhi sthr aSviedlel ehra vLe. pAr.o duFcReAdN KLv arsiaoyuss isnp etchiee s miodfd leev iodfe ncteh e to1 9tphr ovcee nttuhriys (oJf ewtihseh MEixnhhiab i(ti .Neo.., a2f0t)e:r"nWohoenn) Is ecravmiec et.o MtAhHeA ZWEaHi lEiRnEgZ WHaAi-lK EID OaStH AoHn csea ysr eciong n1i8s9e1d (tJheew isfha miElxihairb itw orNdos. 1t,o p1a,g8e0 04.3 ) :T"hDeu rpirnagy etrh eu sshuemrmienrg thien ntuhmeb eSra bobfa tphe oipsl ef ignaitshheerde dw iitnh thtahte palpapceea roann cFer iodfa yt hies sftraorms ,1 ,a0n0d0 aenvoetnhienrg Rparbabyie russ eadr et oh ehlidr ea fat eqru otrhuem atpop eparraayn ceev eorfy tdhaey smtoarrnsi.n"g , RaAfBtBeIr nMoEoSnH,I La nwdr ietveesn itnhga,t aatb otuhte 1W8a6l0l (wJheiwcihs hh e Exhheilbdi tb eNfoo.r e 1,t hep agWea il3i9n)g. W aAlblo,u ta n1d6 7s1a,y sR AhBeB Iw oMuOlSdE Sa dHdA GtIoZ tdhees crriebgeusl art hep rapyaerrt iccuelratra inp raoytehresr RpArBaByIe rsU ZI(EJLe woifs h JaEfxfhai bdietc lNaor.e d1 ,( Mpianguet es3,4 )p.a g eOsf 19t6h-e1 9w7i)t ntehsaste st hheeraer di sb enfoo rdei ftfheer enCcoem miwshsaitosno,e veCrH IiEnF priratuyailn,g eiint htehre osfy natghoeg ufeo rma ndo r thoofs et hoef oar decro ngorfe gpartaiyoenr ,p rbaeytiwnege na tt hteh ep rWaaylelr,s aonfd atnhya tc otnhger egFartiidoany ReAvBeBnIi ngS CsHeOrRvRi,c ea lbseof odreec ltahree dW a(lMli niust ecso,n tpaaignee d 1i6n5 )t hteh aotr dtihnea rpyr apyrearyse ra tb otohke. WAanlolt haenrd Jtehwoisseh iwni tenveesrsy, (spyanageg og3u3e6 ) aarned iodtehnetrisc.a l .T h e Tbheiasd lset aMtEeHmUeYnAtS ,w aasl soc oenxfaimrimneedd bays tah ew ietvniedsesn,c ed epoofs etdh e( pwaigten e2s6s2 ) GtOhLaDtB EaRtG tihne thceo ngprreagyaetri obnoaolk saenrdv itchees sbaemfeo rteh atth ea rWea lelm ppleooypelde iwne rteh ei ns ytnhaeg ohgaubei.t oMfR .u sRiInCgH AtRhDe HpUrGaHyEeSr,s at hBarti tiasrhe awindt nehsasd, bceaelnl eidn btyh et hhea bJietw iosfh rseisdoer,t iwnhgo tsot attheed Wtahlalt ahte fhraedq uleinvte d initne rJvearluss ailne m thfeo r yaebaorust p3r8e ceydeianrgs cthoen grGergeaatti oWnaarl, sedrevpiocsee.d (MpIaSgSe HU1S5S4E)Y ,t haalts oh ias Briimtpirsehs swiiotnn eosfs , tdheep opsready e(rp aagte 3t0h9e) Wtahlalt swhaes htahda ts eoefn koen pto nes aoycicnags isoonm estehvienrga l toy eawrhsi cphr eav ionuusm bteor tohfe tGhree ato tWhaerr s a rleasrpgoen dcerdo;w di ta tl otohkee dW altlo ahnedr al imkaen twhheo responses in a congregational service.
" fatherOsn" otrh e "bortohtehre rsh"a nodf, vtahrei ouMso sClhermiss tibarno ucghhutr cfhoersw,a rwdh o nduempeorsoeuds twhiattn ewshsaets ,t hemyo rew erees puesceida lltyo dseeepionseg d a(tp atghee 6W0a4l)l tdhiadt ndoutr isnege mt hteo ptehreimo dt o1 8b9e9 -c1o9n0g5r,e gwahteino nhael osfetrevni creess.o r tHeodw etvoe rt,h eF AWTaHlElR, DhReA IsSaSwA IoRnE Fperirdsaony parfetseirdnionogn so vtehre thweo rcsohnigprpeegrast ioornd.inarily conduct their prayers under the leadership of one
Jewish Trhiet ueavli dheanvcee baedednu coerdd ibnya rtihley etmwpol oPyaerdt iweass absy tnoo tmheea nesx tceonmtp lteot ew hoirc ha dtehqeu avtaer.i oIuns wihtaetm sf oolfl otwhse.
HP EXHIBIT 92
1166
Jerusalem - United Kingdom Commission report on the Western Wall (1930) - LoN report/Letter from Jordan - Question of Palestine
https://www.un.org/unispal/document/auto-insert-183716/[23/06/2023 15:55:33]
sthpee ciJaelw insho teS idseh,o ulsda ybs e abtaokuet n thoef Jwehawit shC HIrEiFt uaRlA BBiIn UgZeInEeLr alo f anJda ffwah,at ointe doefm atnhdes porfi nictisp alp rowfietsnseosrsse s anodn sapdehceiraelnltys . d rTahwen woiuttn ewsrsi tgtievne s Noat es um(mJaerwiizsehd Edxehliibnieta tNioo.n o1f1 )t,h eb urti tiuta l sahso uladp plbiee do bisne rpvreadc ttihcaet int hae rwiittnuaels s hawda sb eneont ianb lues ef raotm thhies Woawlnl pbeerfsoornea lt heex pGerreiaetn cWea rt.o make the assertion that the whole of this
m orningA,c ctohred ianfgt etron oCoHnI,E Fa nRdA BtBhIe UeZvIeEnLi,n gt hsee rsveitc es.e r vOinc eSsa bobna tohr dDianyasr,y odna ytsh ea rdea ttehsr eoef itnh en umNbeewr :M otohne, Aantdo neomne ntF estthievrael iDsa ysa lstoh eraen iasd diatni oandadli tcioonncallu dmionrgn isnegr vsiecrev ic(eN ei(ltahhe) .M u saIpnh )a dadnidt ioonn tthheer eD aiys oaf midnight service every day from the 17th of Tamuz to the 9th of Ab.
c ircumsAtlaln ctehse parnady erwsh eonf ferneod schoonuglrde gpartoipoenr lyh assp eaaksisnegm bblee dp ratyheedy in arceo ngraelglaotwieodn , tbou t bien sppercaiyaeld icnodnigvriedguaatliloyn.. TThhiesr e isa ret hec erctaasien wiptohr tiroengsa rdo f tot het hes errveiacdei ngw hiocfh thaer e Lanwe,v erw higcohn e tatkherso ugphl aceex ceaptt thien Pmaorsnsionveg r,s erPveinctee coosnt ,M otnhdea y;T abTehrunrascdlaeys,, aonnd otnh e thtew o Sadbabyast hk,e patt atth et hfee sJteiwviaslhs Noefw tYheea rN,e wt hMeo oDna,y tohfe tAhteo neDmaeyn to,f aAtt oCnheamneunktk,a ha nadn dc ePrutraiimn, foans ttsh et hNei nStchr oolfl sA bo,f atnhde oLna wc earrtea irne afda satt- datyhse. a fOtne rntohoen Ssaebrbvaitche, stcoor.o llOsn "m oisst roefa dt hoen seaamceh oofc ctahsei ofnisv et hper eSsccrroilblesd offe stthiev aPlr odpahyest.s are also read. One of the " five
p ublic Dourr ipnrgi vcaetret aiinnt erpcaerstssi oonf arteh e aryreaanrg epdr obpyi ttihaet oRrayb bpirsa yoenr st hea reo ccsuarirde.n c e Sopfe cpiuabll isce rcvailcaemsi tfioers pseucrhs onaasl tpreosutbilleesn.c e ,I nl ascukc h ocfa sreasi ni,t iest cu.s u alI ntdoi vriedcuiatles chaalpstoe rosf fferro m ptrhiev aBtieb lper.ayers at times of
a lso spTehcei asle ts eorrvdiecre s sehrevlidc ea nadt sptehcei aWla lplr aiyse rtsh ea rsea moef faesr edi n bya csoynngargeoggautei.o n sA to ft h1e0 Wwaolrls htihpepreer s aorne bweohrashlfi ppoefr st hoofs e eswthaob lairseh eidn ssypneacgioaglu ense etdo ogfo tthoe tDhiev iWnael lM efrrcoym. t iImte itso atlismoe tohne Fcruisdtaoym eovfe ntihneg sr eogru loanr Sfaobr baeatchhs gDraoyusp .or at festivals and to conduct prayers there with a special leader of the prayers
t he inaTuhgeu rpartaiyoenr so fe mtphleo ySeadb baftohr, uasnhde rtihneg eivne ntihneg esveer voifc ea. Sabbath are the usual afternoon service,
b ut entTihree lwyo rosfh itphpeeirrs owant wtihseh .W a lOln coocmcea stihoenrse ofa sp uab lriucl en eweidt hooru tc alaanmyi tsyp,e chioawle vcearl,l tohre Rianbjbuinsc tigoinv,e nooft itchee ohfo ltdhien g hoolfd ian gr eolfi gpiuobulsi cs eprrvaiyceer aatt tthhee WWaallll .h a vTihnagt biese nt hmea doen,l yt hiants thaansc eb eoefn ap rnoovteidf ibceaftoiroen the Commission (witness, Zuckerman, page 392, after the Great War).
Jewish 2w.o rshipWpee rpsa.ss now to the appurtenances used or alleged to have been used at the Wall by the
t o him CtHhIeErFe RAaBrBeI uUsZeIdE La to ft hJea fifnad igvaivdeu aelv idpernacyee rsc ontcheer nfionlgl otwhien ga pappuprutretneannacnecse sr,e qvuiizr.e,d . th eA ccforridnignegd bshraanwcl,h atnhde ap racyietrrboono ka,t tthhee pteinmtea toefu chT,a betrhnea cbloeosk, soofm ep sbaolumgsh,s tohfe mMyirsthlnea hf,o rp htyhlea ctseervieenst,h ad ayp alomf Tfaoblelornwaicngl esa.p pu rAtte ntahnec esc,o ngvriezg.a,t irointaula l selravmipcse,s at hwearseh -abraes inu sweidt hf rao m wattheer -rciotnutaali nepro,i nta obfo x vifeowr tthhee gobilveigras toorfy c(hsaerei tya,b oav e)g obalreet ,n eaendde da aslmseol ltihneg -bSocxr.o ll sA t ofs ucthh eo cLcaaws,i oanns wAhrekn irne awdhiincgh otfo thcea rrLya w thies aSpcpruorltle,n aanncde s aa rer euasdeidn gf ord estkh.e c onOvne nisepneccei aolf otchcea swioornssh iptpheer s:Sihno ftahre fiisr sbtl opwlna.c e beTnhceh esf oflolro witnhge aalgseod abned rtehqeu ifreeedb lae ,p aarntdi tmiaotns toon stehpea rDaatye owfo mAetno naenmde ntm ewnh,e na st hmee mwboerrssh iopfp ertsh e knteweol .s e xTehse raer ew onuoltd raelqluoiwreed ttoo bper ayf ixteodg etuhpe rs.o m e Firnoawlsl yo fo np etghse osru rnfaaicles oofn twhhei cWha ltlh eo fw otrhseh ipMpoegrhsr abmii ghQtu arhtaenrg tthheerier wcooualtds and hats.
u se of Wteh opsaes sa pnpouwr tteon atnhcee se vaitd etnhcee Wbarlolu gbhetf obreef otrhee Gtrheea tC oWmamri.ssion as to the actual introduction and Scrolls of the Law, the Ark and tables for using same: the
stand with prayer books.
s erviceA unsuemdb etro boef hweiltdn easts etsh eh aWvael lg ibveefno ree vtihdee nWcaer ttoo ot.h e Heofwfeevcetr , tihta ta pap ecaormsp lfertoem" thceo ngirnefgoartmiaotniaoln gtahet heLraewd iasb oeusts etnhtei aJle wfiosrh mraiktiunagl ctehratta itnh es errevaidciensg coofm ptlheet e,T oria.he .,( i.oen. ,M otnhdea yL,a wT)h ufrrsodma y,t hea ndS crSoaltlusr doafy Waandl l ato fs ptehcei alS cfraosltlss aanndd Hicgehr taFiens tiovbajlesc.t s Oinn thceo nontehcetri ohna ntdh etrheew ietvhi diesn cen oats vteor yt hec obnrcilnugsiinvge .t o Tthhee (Jepawgieshs w1i0t4n efsfs. )I StShAaCtH ARtOhFeF ,c ownhgor ehgaadt iboene nh ei n betlhoen gheadb itt oo fu sveids ittoi nga rtrhaen geW alflo rf oar c4o3m pyleeatres , sdeerpvoisceed, imnocrlniudngi nga,s wtehlalt, iasn dt ot hsaaty,, ftohre trheiasd ipnugr poofs et,h et hTeo rJaehw,s tuos ebde thoe ltda koen wMiotnhd atyh,e mT hau rssmdaalyl, Sacnrdo llS atoufr dtahye Law, which was placed on a small square table.
t he ArkT haen dw itthnee sTsa blFeE DsEeRvMeArNaNl (ypeaagres 4b4e6f)o rdee ptohsee dW atrh,a ta ndh en otto oo nhlayd osne eHni gthh eF esStcirvoallls obfu tt hael sLoa wa t witthhe ordinary morning services on Saturday.
HP EXHIBIT 92
1167
Jerusalem - United Kingdom Commission report on the Western Wall (1930) - LoN report/Letter from Jordan - Question of Palestine
https://www.un.org/unispal/document/auto-insert-183716/[23/06/2023 15:55:33]
JerusalFeumr tihne r1 8t9h7e hJee waissshi swtietdn eosnse MForsisdearyi adfetpeorsneodo n (paatg ea 4c3o5n)g retghaatti oonna l a sevrivsiicte tahta tt hhee Wpaalild atnod atmhoantg stth eorteh ewra st hnion gdsi faf ecruepnbcoea rbde tawpepeanr etnhtalty sceornvtiacien ianngd thteh eS corrodliln aorfy tohnee Lianw ,t hweh iscyhn apgroogbuaeb.l y Hwea ss atwo be read from on the following Saturday morning.
c arryinOgn tthhee Soctrhoelrl sh aonfd tRhAeB BIL awS CHfOrRoRm stthaet esdy n(apgaoggeu e1 8t7o) tthhea tW,a ialsi nfga rW aalsl hdei dk nneowt, tohrei gipnraatcet icuen toifl about eight or 10 years ago.
b ringinMgE YtUhHeA SS,c rotlhles boefa dtlhee, Ladwe phoasde dp re(vpaaigleesd 2f6o1r- 2a6t3 )l eatshta tt haes pafsatr 30a s yehaer s kanse wr etghaer dsp rtahcet iDcaey ooff Aoft ondermoeungth ta nodr Noetwh eYre acra'lsa mDiatyi,e sa.n d Hael saod dfeodr, shpoewceivaelr s(epravgiec e2s8 3s)u,c ht haast tohno sSea babrartahnsg,e do no nw htihceh odcacyass iionn pworer-shwaipr petrism euss edh et oc ocualrdr y ntohtr oruegmhe mtbheer setrov ihcaev ea t steheen Wtahlel aSncdr otlhle no fg o tahwea y Latwo raeta d thteh e WSaclrlo,l l tihne rtehes orstyinnagg otgou e.t he AWnaoltlh efro rJ eawbiosuht w4i5t nyeesasr,s ,G OgLaDvBeE RGe vi(dpeangcees m3u3c3h ftfo. )t,h ew hsoa mhea de fbfeeecnt . in Tthhee fahcatb itt haotf afnrdo m coalldaemni tyt imiess ttehset iSfcireodl ltso oifn tah e naLrarwa twievree wbrriotutgehnt tboy tRhAeB BWIa lGlE DoAnL IoAcHc aosfi oSnesm iotfi zpiu,b lwihco dwiesnttr estso Jferormu satlheem 1i9nt ht hcee nyteuarry 1f6r9o9m (wJheiwcihs hq uEoxthaitbiiotn sN ow.e r1e, mpaadgee b3y5 )t;h ei tJ eiwsi sahl sSoi dmee,n tei.ogn.e,d iBna rtbloeotkts, dWaatliknsg
about the City and Environs of Jerusalem (1841), and Durbin, Observations in the East (1845).
o ral evAisd etnoc et,h es ttartaends p(opratg eosf 2t0h7e aSncdr o2l1l4 )o ft htahte dLuaew vfernoemr atthieo n syfnoarg otghuee ,L aCwH IrEeFq uRiArBeBdI tUhZaItE Li,t isnh ohuilsd nsoomt e bper otmaikneenn ta wpaeyr sforno mw atsh ep rseyvneangtoegdu ef reoxmc egpoti nugn dteor tshpee csiyanla gcoigruceu moswtianngc est,o siulclhn esass ofro r beicnasutsaen ceo f whheins bfeoir ngt hien ppurripsoosne . or RwAhBeBnI tShCeH ORSRc roglalv e wavso icber ou(gphatg est o 16a2 cfofn.g)r egtaot ioobnj eocft io1n0s aosfs emab lreidt uianl an atpulraec e awgoaritnhsyt (thpae get ra1n8s0p-o1r8t1 ),o f tthhaet Sucnrdoelrl sopfe ctihael Lcaown diftrioomn st hew hesny nadgioggnuiet y toa nodt hreerv eprleanccees ,t oa dmtihtet iSncgr,o lhlo wweevreer observed, it might be removed from the synagogue.
p roceedTihneg sq utehsatni owna so ft hteh eq usetsatnido nc onotfa itnhien gS cprroalylesr obfo otkhse wLaosw ,m ucbhu tl eesvsi dfeunlcley wdaesa lgti vweint ht hdautr iantg atnhye rate the prayer books had been brought to the Wall by the worshippers long before the War. Ritual Lamps.
d eposedT hteh aJte weivsehn wbietfnoerses est heI SWSaArC HAtRhOeFyF h(apda gsee e1n1 9a) , taMbElYeU HwAiSt h( praigteu a3l0 3l)a mapnsd aMtO StShEeR I Wa(lpla.g e 4T3h6i)s statement was, moreover, confirmed by other witnesses. Wash-basin with water-container.
t hat beTfhoer ew itthnee sGsreesa t IWSaSrA CtHhAeRrOeF Fu s(epda gteo 1b0e8 )a, wMaEsYhU-HbAaSs i(np aagned a2 6w6a)t earn-dc oontthaeirnse rt ensetairf iteod thteo Wtahlel .fact The Shofar.
t he GreSaotm eW aorf thteh eS hwoiftanre swsaess hceaalrlde da t btyh et hWea lJle woins ht hSei dNee w dYeepaorsse dD atyh aatn do nt hsep eDcaiya lo f oActcoanseimoennst .before Benches and Chairs.
1 911, tNhuem epreoruiso dw iotvneers sewsh icfho r thteh e wiJtenweissshe sS'i der ecgoalvlee cetviiodnesn ceex ttehnadte dd,u rbienngc htehse f2o5r ytehaer sa gperde vainodu s thteo ftehee blien hawbeirtea nbtrso uogfh tt hteo Mtohgeh rWaablil ,Q uaatr taenry. rTahtee Joenw icsehr tCaoiunn soeclc aaslisoon sp uatp pianr esnetvleyr ably pahrortaonggreampehnst awnidt ha fofi lmw itton epsrsoevse wthhoa td etphoaste dw atsh atth,e tchaosueg.h tThheey Ahraadb rSeigduel,a rolny three soorttheedr htaon dt,h eb rWoaulglh td ufroirnwga rtdh ea pneurmiboedr anaumtehdo,r ittyh,e yv izh.a,d thnee vAedrm isneiesnt raatniyv e bCeonucnhceisl otfh etrhee. L iwIan, a1s9 1a1l,r ehaodwye vmeern,t iotnheed , appapsrsoepdr iaa tree sToulruktiisohn stating, inter alia,
t hat it" .i s. i.n aHdimsi sEsmiibnleen ceb yt hLea wM uifnt ia,l lt hree sApwekcatfs Detphaartt mtehnetr ea nsdh otuhled Sbhea rpilaa cCeodu rtc hsatiartse,d s.c r.e e.n and similar articles, or ally innovation be made which may indicate ownership;
o ccupy "tthhea ts intoeb oodfy tohwen sw atlhle orfi gthhte tNoo bpllea cAeq sas ucMho sqauret;i calneds , thoart tsot empask es hionunlodv abtei otnask eans ftoor their prevention.
w hether" Aifnt etrh ed eslaiibde rWaatqifo,n obry atth et heC oWuanlcli l ofi tt hhea sH abreaemn Ald-eSchiadreidf tihta ti si nn otth ep ercmiirscsuimbsltea ntcheast, at hecrhea nscheo ultdo bpel aacret icsluecsh coanrstiidcelreesd; aasn di ndtihcaatt iiotn s iosf ofwonuenrds hniepc;e stshaarty notboo dpyr essheoruvled bteh eg ivoelnd practice…."
t he pasIsti nhga s obfe etnh aatd mrietstoeldu tbiyo nw itnnoe sbseensc hceasl lweedr eb y btrhoeu gJhetw itsoh tShied e Wtahlalt. f orT hea cJeerwtiasihn Cpoeurnisoedl afttheern ocuatl leidn aFtetbernutairoyn, t1o9 1c2o p(iJeesw iosfh thEex hinbeiwtssp apNeorss. 1H5a cahnedr o1u6t,h aMnidn ult'eAsu,r opraeg eosf 3C1o3n-s3t1a5n)t,i nionp lew hitchha t tchaemree Tapuprekairshs aM ipnaissstaegre otfo tJhues teifcfee catn,d thCautl tiunr er eosrpdoenrseed tot hteh eG oavpeprenaolr ofo f CHJIeErFu sRaAlBeBmI HtAoI Ma bNoAlHiOsUhM , tthhies ptraokheinb ibtyi ohni.m onT het hasta ido ccCahsiieofn R(aJbebwii sahl sEox hisbeintt Ntoh.e 3C1o)m.m i ssIino ni t anh e afrfeifdearvsi tt o coan cteerlneignrga m thteh ats tetphse Turkish Minister is alleged to have sent the Governor of Jerusalem in January, 1912. No such
HP EXHIBIT 92
1168
Jerusalem - United Kingdom Commission report on the Western Wall (1930) - LoN report/Letter from Jordan - Question of Palestine
https://www.un.org/unispal/document/auto-insert-183716/[23/06/2023 15:55:33]
ttehel egMroasml,e m hSoiwdeev.e r ,T hhea sM obseleenm pSrioddeu caelds.o sTthaet ea ctchuarta ciyt iosf ntohte tarbuoev et haaftf ibdeatvwiete nh a1s9 1b1e eann dc otnhtee sdtaetde boyf ethvei deBnrciet.ish occupation there were any benches, and in support of that statement they put in sundry Mats.
W all. CHRISTIE says in his affidavit, already referred to, that in 1894 mats were in use at the The Screen.
t hat inM E1N9D0L0E hHeA CoOrVdAeNr ePdA KaO VpEaRr tgiatvieo ne vtiod ebnec ee rbeecftoerde ttoh es eCpoamrmaitses imoenn (apnadg ewso m3e9n8 -a4t0 1t)h et oW atihlei nge fWfaelclt ayenad rst huaste do nt ob ephlaalcfe oift tbheef otrher eteh eJ eWwailslh ocno uSratbsb ahteh s waasn d iFne scthiavragles .o f Otthhaetr swcirteneens,s easn df ofro rt haeb oJuetw i1s0h Sthide e Mtoesslteimf iCeodu ntshealt ctahlelye ds awwi ttnhees ssecsr ewehno bdeefpoorsee dt hteh aWta ltlh eoyn hcaedr traeisno rotcecda srieognusl.a r lOyn ttoh et hoet hWearl lh abnudt, that they never saw any partition.
r egardiTnhge tMhoes lleemg aClo usntsaetlu sr eoffe rtrheed aprreian ciinp adlilsyp uttoe ,t haen d dteoc itshieo nSsh aorfi a1 8L4a0w .and 1911, to the documents
t he WalAls daulrrienagd ym amneyn tyieoanresd ,p rtehvei oMuoss lteom tChoeu nGsreela tp rWoadru–caendd ntuhmeeyr otuess twiiftineeds stehsa–tr etghuelya r havdi sintootr ss eteon aonnlyty hiinngd itvhiedruea,l olna metnhtea tpiaornts .o f Tthhee MJoeswlse,m lSiikdee rfiutrutahle rs eprrvoidcuec,e dn otrh er ealbiogvieo-umse natpipounretde ndaenccreese,s buotf 1840 and 1911.
w hich, Tahcec oMrodsilnegm toC otuhnes eMlo srleefmesr, thoa dt hael wadyesc regeo veorfn e1d8 4t0h ee sJpeewcsi'a lvliys iatss tao ptrhoeo fW atlhla ti nt hper e-pwrairn cidpalyess, htahdi s beefefne catl:ready laid down 74 years before the outbreak of the Great War. The said decision is to
"cathuet ioJneewds maugsati nnsott rbaei seinnagb ltehde itro vcoaircreys oauntd tdhies pplaavyiinngg (tih.eei.r ofb ootkhse paansds atghea)t aanldl tthheayt mmuasyt bbee permitted them is to pay visits to it as of old. . ."
w hich hTahde bJeeewni saht tSriidbeu tceodn tiens ti tt hteo auMtohheanmteidc iAtlyi owfa st hniost dboecsutmoewnetd, osna ytihnagt trhualte rt huen ttiilt lae moufc hK heldaitveer adapptee.a rs Otnh atth eh eo tchaelrl edh ahnidm,s etlhfe bMyo stlheem sSaiidde tihtalse parso deuacreldy tahse 1d8i3a8r.y of Mohamed Ali, from which it
a re of Tthhee doepcirneieo no ft h1a9t1 1t,h ipsr oddeucciesdi obny ctohnet aMionssl eam cCoonufnisremla,t ihoans obfe etnh eq uportiendc iapbloevse .l a iTdh ed oMwons lienm S'itdhee previous decision of 1840.
M oghrabAis Qtuoa rttheer , letghael Msotsalteums Coofu nstehle Wreesfteerr nt oW atlhle, roefg itshtee rsP avoefm etnhte iSnh afrrioan tC ooufr ti to,f aJnedr uosfa ltehme, especially to the Waqf documents of the years 1193 and 1320.
o n the Ipna voermdeenrt ,t o thseh owM otshlaetm iSti dies qpurootheidb ittheed bfyo llSohwairniga Ltaewx tt of rpoemr mAilt Itqhnea ebrye ctSiHoEnI Ko fA La IsSyLnAaMg ogAuLe- BAHUTI, referring to Waqf property:
c hurch "oNro ah omuosnea stsehrayl lo rb ea lpelaasceed offo rf itrhee fopru rtphoes ew oorfs htirpa nosff oMramgiinagn si to r ifnotro tah es ysnaalgeo goufe woirn ea, coor ntfroarc tg aomrb liimnpgl icoirt oatsh eirt ipsu rupnolsaewsf uwlh eatnhde rl etahsies isc otnhdeirteifoonr eh aisn vableiedn. "inserted in the lease The paving of the passage.
t he effIenc tt htihsa t ctohnen epcatviionng iotf otuhgeh tp atsos agbee imne nftrioonnte do ft htahte tWhael l,J ewwhiesnh iCto uwnasse ll apsrto dduocneed. eavbioduetn c3e5 -t4o0 Syiedaer s pargood,u cweads craerbruitetdi nogu te vaitd etnhcee extpoe ntshee ofe ftfheec tJ ewtihsaht ctohmem unsiatiyd. woOrnk thwea so thcearr rhiaendd ,o utth e bMyo sltehme Municipality.
C ommissIino nerre spoofn seJ etrou saal erme,q ueas tB rmiatdies hb y oftfhiec iCaolm,m isgsaivoen aM R.s hoEr.t KEsItTaHt-eRmOeAnCtH , ast het oD ewphuatty Dhies trkincetw cdionscpeurten inbge twteheen ctohned iJteiwosn sa npdr etvhaei lMionsgl eamts .t h eI nW atlhli sa ncdo nanse cttioo nt,h eM rv.a rKiEoIuTsH -mRaOtAtCeHr sb etghgaetd htaod cbaeleln tihne agittveenn tiboyn tohfe tHhieg hC oCmommimsissisoino nteor : thteh e foZlilkorw,i ntgh ep oMiunetzsz iwnh,i cthh eh amda nnnoetr biene nw htiocuhc hJeedw iuspho nw obrys hitphpee rrsu lianrge Heenbtiretlw edp ratyoe rpsr aiyn atsh et oc rtehvei creasi soifn gt hoef Wtahlel , vtohiec e,a utehtocr.i,t yt hfeo rp lraecmionvgi nogf ssulcihp sp roafy eprasp,e rt hec onqtuaeisntiinogn moaf y Jedwrsi ncka rwriynien gt hcearned,l est hien htahnegiirn gh aonfd s cooant sc,e rteaticn. ,o cocna stihoen s,M otghher aqbuie swtailolns ,a sb etgog awrhse,t haenrd thMei nJyeawns; dthies agrriegehatb loef stmheel lsG ovferronmm elnatt ritnoe ss,e aplh otthoeg raappphuirntge,n atnhcee sw riatpipnrgo veodn, thteh eW apleln ailnt yH efborre wt hoer rienm oAvraalb ico,f seals, the appointment of beVaId.l eTsH.E OPINIONS AND CONCLUSIONS ARRIVED AT BY THE COMMISSION.
case, tAhfet eCro mdmuies sidoenl ihbaesr aatriroinv eudp oant tthhee foapcitnsi osntsa taendd caobnocvleu sainodn su ptohna tt haer ee vsiedte nfcoer tha vbaeilloawb.le in the
HP EXHIBIT 92
1169
Jerusalem - United Kingdom Commission report on the Western Wall (1930) - LoN report/Letter from Jordan - Question of Palestine
https://www.un.org/unispal/document/auto-insert-183716/[23/06/2023 15:55:33]
(1) The Task entrusted to the Commission.
a verdiTchte auipmo na ntdh eo bjdeicstp uotfe st hteh awto rkh aovfe tahrei sCeonm mibsestiwoene nh aAvrea bbse esa ntdo Jienwqsu irien icnotnon eacntdi otno pwriotnho utnhcee pthrae ctpiucrep oosfe tohfe dJeevwost itoon . re sTohret rteol atthieo nWse sotfe rtnh eo rt wWoa iPlairntgi eWsa ltlo (ebayc ht hoet hAerra bisn ctahlilse dr eAslp eBcutr aaqr)e faotr pthree seMnatn darteeg ufloart ePda lbeys tcienret awihni cahd mhiansi sbtereant ivvees tperde sbcyr itphtei oLnesa giuses uoefd Naitni oancsc oirnd atnhcee Bwriitthi sthh eG otveerrmnsm eonft aqsu esMtainodna taorrey cPoonwteari.n ed Tihne Arptriocvliessi o1n3s, o1f4 , t1h5e, Maanndd a1t6e. wAirtthi clree f1e4r esntciep utloa tetsh ef osru btjheec ta-pmpaotitnetrm einnt orfi ghat ss paencdi acll aciommsm iisns icoonn noefc tai onm orwei thp ertmhaen eHnotl y naPtluarcee s,f ora nds ttuhdey inrgi,g htdse fiannidn gc laainmds dreetleartmiinngi ntgo "tthhee adnidf,f erheenntc er,e ltihgei oMuasn dcaotmomruyn itPioewse ro fa lPoanlee sbteianres. " re sNpoo nssuicbhi lciotmym isfsoiro nt,h eh oHwoelvye r,P lahcaess coamse wienltlo abse infgo,r loathide r droewlni giino uAsr tbiucilled i1n3g,s aanndd, saictceosr diinn gP atloe stthien et.e r mTsh iosf dtuhtey sdaemveo lAvritnigc luep,o nt hteh eM aMnadnadtaotroyr yP oPwoewre rh aiss ptor oveinstieorn si ntoof stuhceh saarirda ngAermteinctlse wiinttho theef feAcdtm.i ni sAtrrtaitciloen a1s3 iitm pmoasye sd eietm raesq uai ssipteec ifaolr cdaurtryy ionng tthhee MPalancdaest oroyf PoCwherri sttioa npirteys erbvuet "aelxsios titnog ortihgehrt s"" raenldi gtioo uss ecbuuriel d ifnrgese aancdc esssi t"e s,n"o t aonndl yo tthoe rtwhies eH oltyo guarantee free exercise of worship."
i s to bTeh es uebxjeeccutt,i oanc coofr dtihneg staoi dt hset ispaumlea tAirotnisc lien, tthoe tiwnot erreessttr iocft iodnisf.f e reOnnte roafc etsh osaen d recsotnrfiecstsiioonnss iesn sutrheadt, tahned retghuel aottihoenrs inse ctehsasta rtyh ef oMra ntdhaet oprrye sPeorwveart isohna lolf hpauvbel inco oarudtehro raintdy dteoc oirnutme rmfuesrte awliwtahy s thbee gmauanaragenmteeendt boyf thaen yM aonfd atteh.e purely Moslem sacred shrines, the immunity of which is definitely
S upremeI nM oas lleemt tCeoru ntcoi lt hper oPtreesstiedde natg aoifn stth et hLee aagpupeo ionft iNnagt ioofn sa nd atiendt ertnhaet i1o7ntahl Fceobmrmuiasrsyi,o n1 9f3o0r, tthhee afcicnaolu nts etotfl etmheen tf aocft ,t haem ornigg hottsh earn dr ecalsaoinmss, otfh aMto salneym sa lalnuds iJoenw st ow irtihg hrtess paencdt ctloa itmhse oWfe sJteewrsn iWna llt haotn asindt e tchoenisrt irtiugthetd oifn iptosseslefs sai osne roifo utsh ei nfWrailnlg.e mNeonttw iotfh stthaen driinggh ttsh eo ff aMcots letmhsa,t ttoh ew iMta ntdhaetier htaidt leb eteon lreepttudeir atteod Abryt itchlee A1r3a bosf otfh eP alMeasntdiantee, dtohceu mSeunptr,e moen Mtohsel esmt rCeonugntchi l ofr efwehrircehd tihne tihmem uanbiotvye -omfe ntpiuorneeldy Msoucshl ems hrsiancerse dw assh rtion ebse wparso htiob ibtee dg.uaranteed, and all interference with the fabric or management of
b roughtT hfeo r"wraersde rbvya ttihoen sC"o unqsueolt efdo ra btohvee M(osselee mpsa gaer e 1t9o) aalsl cionntsetnittsu tainndg ptuhrep osbeass iosf otfh et hsea mea rpguurmpeonrtts as the above-mentioned letter.
i ntentiPoany ionfg idnutee rfheereidn gt oi n tthhees er ersepseecrtviavtei oPnasr titehse' Cpoomlmiitsisciaoln rheelraetwiiotnhs tdoe ctlhaer eMsa ntdhaatto ryi tP ohwaesr noor Btor ittihseh LGeoavgeuren moefn tN aatsi ontsh.e MAasn daat omreya nPso woefr ,c awrirtyhi ngt hoeu td uteh ec opnrsoevnits ioofn st hoef CAorutniccille o1f3 ,t hheo wLeevaegru,e tohfe Nmaattiteonrss , ath aiss saupep.o i nCtoends eqtuheen tplrye,s einnt oCrodmemri stsoi ofnu lftiol iintvse sttaisgka,t et hien tCoo mmainsds igoinv eh asv etrod iicntq uuiproen itnhteo ajnuds t dveecriddiec to.n aIlnl stoh ed ofiancgt st hweh iCcohm,m isisni oint si so pniantiuorna,l lcya na nbxei ocuosn stiod earcetd itno fuslelr vceo nafso ram ibtays iwsi tfho rt hea htaers mns o owfi sthh et oM ainndtaetref earse rweigtahr dtsh et hfea briimcm uonri twyi tiht tghuea rmaanntaegeesm etnot Moofs ltehme ssaacirde ds hsrhirniense.s as well, and
i dentifOine d thwei tho tthheer fhuanncdt itohnes oCfo mmtihses iHoonl yd ePsliarceess tCoo mmpiosisnito n,o uta s thdaetf inietds imna nAdrattiec lmeu s1t4 nooft tbhee Palestine Mandate.
b etweenI nA rttihcilse c1o3n naencdt iAornt iac lef ew1 4 wionr dtsh en eMeadn dtaot e,b eb ostahi do f inw hiocrhd edre atlo wimtahk e thteh em edainsst ianvcatiiloanb lec lefaorr protecting the religious rights attached to certain places in Palestine.
m atter Iinn sdeivsepruatle raemsopnegcstts vatrhieo ursi gChhtusr cihne s tthhea tC hhraivset icalna iHmoeldy tPhlea coewsn erhsahviep boere nt hfeo rp ocsesnetsusriioens ofa rtehepem,r cuasnsdi ontsh eoyn trheem amiunt uaslo retloa titohniss bedtawye.e n tThheo sGer eapte rPpoewteurasl ofd iEsupruotpees. hFarvoem tfhree qluaetnttelry pcaaruts eodf mthoer eo1v6etrh bceeennt uirny thoen wfaorrdesf rqounets toifo nisn taesr nattoi otnhael ppoolsisteiscssi.o n Coofn ttrhoev erHsoyl yo nP lpaocienst s irne lPaatlievset itnoe thhaevsee mtahet temrast twearss aicnt udailslpyu toen eb eoifn gt hes tcialuls else fotf utnhdee cCirdiemde awn eWraer . s uAbtm itttheed cotnoc ltuhsei oSni gonfa tpoerayc eP o(wienr s1,8 55w)h,o punrdoeterctotioko n toof tghuea rHaonltye e Plianc ese vwearsy argeasipne cdti sctuhses eds tdautruisn gq utoh e apnetaec eb enlelguomt.i at ioTnhse aqtu etshtei ocno ncolfu sitohne aofl tetrhaet iRounsss ow-eTruer ktios h beW arm ad(e1 87i8n) .t h e Ats tatthuast qtuiom ew iitth owuats tlhaei dc odnoswenn ti no ft hael lP etahcee STirgenaattyo riyt sPeolwfe rtsh.a t nIon s1a8m7e8 arsu lewse lla s ast hoisne 1t8h5a0t ihnaddi cabteieonn sp raosc ltaoi metdh e ina dmtihnei sdtercarteieo n( foifr mtahne) sitsastuuesd qbuyo twheer eS ublatsaend oufp oTnu rktehye in 1852, which were in conformity in the main with a preceding firman of 1757
i ncludeSdu cihn btuhiel daibnogvse -amnedn tsiiotneesd aasr rawnegreem eonbtj.e c tsA onfu mbweorr shoifp ofofri cvieanle rdaetciroene st o( ftihrem aJnesw)s awreer ek nnoowtn elixbtaenrtt,y whaosw egvuearr,a nwtheiecdh aldseoa lt ow itthhe Jseuwcsh. Jewish sacred places and sites,* and in 1878 religious
______________
HP EXHIBIT 92
1170
Jerusalem - United Kingdom Commission report on the Western Wall (1930) - LoN report/Letter from Jordan - Question of Palestine
https://www.un.org/unispal/document/auto-insert-183716/[23/06/2023 15:55:33]
* The tomb of Rachel near Bethlehem in which Jacob's wife is believed to have been interred
has been a subject of dispute between Arabs and Jews. The Jews possess the keys and claim their
right on the ground of an alleged Firman of 1815. As no agreement between the two Parties has
been reached, necessary repairs to the exterior of the monument have been carried out by the
Palestine Administration.
p roblemM eonft idoenc ihdaisn gb etehne msatdaet uasb oovfe tohfe dJeecwrse;e st hoefy twhialtl kbien de xwahmiicnhe da raen dm odreea lotr wlietshs irne ltehvea nfto ltloo wtihneg pages.
B ritishT hoactc uwpaast itohne opfo sPiatlieosnt ionfe aifnf atihres yaeta rt h1e9 1o7u.t b rUenadke ro ft hteh er uGlree aotf Waa rC,h rriesmtaiianni ngP owseor utnhtei l Hotlhye Pthlae cense wo f rCuhlreirsst itaankiet y uwpe rteo natthuer atlwloy moatdhee rs preecliiagli oonbsj ecotfs tohfe prcootuencttriyo?n . TBhuits wqhuaets tpioosni tiwoans wosuolodn Nanosvewembreedr,, afnidr ssth obryt lyt hea ftdeercwlaarrdast iboyn ao fp roLnOoRuDn cBeAmLeFnOtU Rm aodne bbye haGlEfN ERoAfL tAhLeL ENBBrYi toins h thGeo voecrcnamseinotn oonf 2hnids eensttarablncies hmienntto iJne rPuaslaelsetmi neo n of9 tah JDeewciesmhb eNra,t i1o9n1a7l. Ho mTeh,e tfhoorumgehr atd octuhmee nsta mev ietwiemde awni tha ssfuarvaonucre twhaes gnionv-eJn ewtihsaht cnoomtmhuinnigt isehso uilnd Pbael edsotnien et.h a tA nmdi gthhte psraemjeu dpircoeg rtahmem ec ifvoirl tahned trreelaitgmieonuts troi gbhet s meotfe de xoiustt itnog 1t3h)e .three great religious communities was revealed in GENERAL ALLENBY's pro-nouncement (see page
P alestiTnhee anpdr infciinpallelsy btyh utsh ed eMcalnadraetde htaevrem s,l aitsesru ebde einn ccoonnffoirrmmietdy bwyi tht het heC iCvoivle nAadnmti noifs ttrhaet iLoena giune ooff wNoartsihoinps .s h aTlhle blee agduianrga nptreiendc itpol et hien adahlelr etnhtess eo fs utchcee stshirveee dceocnlfaersastiioonnss. is, that a free exercise
m ight bNeo tuwnidtehrssttaonoddi ngi nt hiet sf arcets ttrhiactt etdh eh iesxtporreiscsailo ns e"ntshee, Hotlhye Pilmamcuensi"t yi no fA rrteilcilgei o1u4s obfu itlhdei nMgasn daantde isis tesst aItne dg etnhearta lt hies saplescoi aglu aHroalnyt ePelda ciens fCaovmomuirs soifo no twhaesr s tboe shiadvees aCsh rains taidadnist.i o nTahlu sf uinnc tAirotni ctlhee 1t4a sikt "ocf omsmtuundiytiinegs " ainnd Padleetsetrimnien.i ng Evtehne irfi gthhtesr e ainsd tchlea iumnsd eralpypienrgt aiinnitnegn titoon htehree tvoa rimoaukse ar elciegritoauisn creonscterircnetdi,o n iitn itsh eq uaiutteh ocrlietayr otfh atth et hHeo lgye nPelraacle sa uCtohmomriistsyi oans arse gfaarrd sa st hneo nd-uCthyr iosft iapnr otreecltiigoino nsw hiacrhe Aanrdt icalles o 1t3h ev e"setxsi sitni ntgh er iMgahntdsa"t oirny tPhoewme,r ,a ndde ftihnei tgeulayr ainntceleu doefs farlele tahcec ersesl itgoi otuhse mb ufiolrd ianlgls aodrh esrietnetss roefl itghieo nvsa riaoluls coovnefre ssitohnes . w oBryl d thea ndt ermnso to f bAer tircelset r1i3c tetdh is tpor ottehcet iorne liisg itoou s inc"lcuodmem utnhiet ievsa"r iouisn PMaolselsetmi nfer.o m Htehnec e moistt isd insattaunrta lp atrhtast orfe prtehsee nwtoartlidv ess hoofu ldt heh avvaer iaopupse afraecdt iobnesf orwei thtihne bCootmhm iJseswiroyn ainnd order to explain their views and define their claims in this matter.
a s a "rTehlei gqiuoeusst isoint ea"s atnod whceotnhseerq uetnhtel yW esftaelrln uWnadlelr atnhde tphreo taercetai oinn offr otnhte oMfa nidta taorrey tPoo wbeer raesg arldaeidd dthoawnt iint Asrhtoiucllde b1e3 , thraesa tebde cobmye tah em atmteetrh odosf ionft eirnntaetrinoantailo niamlp orjtuasntciec,e , anadl ls ot hiet miosr eo nlsyo naast,u railn Paarel esetxipnree sLsalwy, epxucrlsuudaendt ftroo m ant heO rdjeurr iisnd icCtoiuonnc ilo f oft het hel oc2a5lt h cooufr tJsu.l y, (1P9a2l4e,s tidnies puHtoelsy oPfl actehsi s Orodredre,r 1924.) (2) The application of the principles of Status Quo.
f or proTtheec twianyg inw hwahti ciht thhea sP aldeesetmiende tAod mibnei s"terxaitsitoinn gh asr iggohntes "t oi nw ortkh ei nH ofluyl fiPllmaecnets oafn dt hei nM anodtahteer prerilincgiioplues s baunidl dmiancghsi naenrdy wsiiltle sb,e hbarsi efbleye ne xbpyl aisneeedk ibnegl otwo. maintain the status quo, of which the
b oth beAfso rree gaanrdd sa fttheer Htohley sPeltatciensg, uipn otfh et hree sMtarnidcatteed hsaevnes ea popfl itehdi st heex psraemses irounl,e st hoef Asdtmaitnuiss tqruaot ioans fweorr e thien mfoosrtc ep abretf oar em etrhee cWoanrf,i rim.aet.i,o n tohfe trhuel esst abtausse dq uoon otfh e1 7f5i7r.m a nA s ofa pp1o8r5t2i,o nwehdi cbhe tiwne eint st hteu rtnh riese pthrei ncAirpmaeln iCahnr iOsrttihaond oRxi tReist,e ,v itzh.e, Htohley OPrltahcoedso xa nGdr etehke iRri tceo,m ptohnee nLta tpianr t(so rm aRyo mbaen cClaatshsoilfiice)d Riintteo, tahned following categories:
equal s(h1a)r es. Certain parts which are recognized as property common to the three rites in
rites c(l2a)i m joOitnhte rp rpoaprrtise toarss htiop .which one rite claims exclusive jurisdiction, while other
(3) Parts as to which the ownership is in dispute between two of the rites.
but wit(h4i)n whiFcihn aloltyh,e r parrittse s thaer e useen tiotrl eodw nteor scheinps eo fo rw htioc h cabrerlyo nogust erxictluuasli vesleyr vitcoe so nuep rtiot ea, limited extent in other ways.
w hich tThhee pCroimvmiilsesgieosn eorfs thhaed disfpfeecrieanlt oRpiptoerst uinni ttihees Cahfufrocrhd eodf tthheem Hoofl y aSsecpeurltcahirnei nign tJheer umsaanlneemr anidn ipan rtt hoef Cthhuer cahl toafr st haen dN aotfi vtihtey chaatp eBlest halse hweeml lw earse tahcet uoarldleyr irnegg uolfa ttehde ipnr odceetsasiilo.n s, Tehtec .u,s eh aovfe beeaecnh
HP EXHIBIT 92
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Jerusalem - United Kingdom Commission report on the Western Wall (1930) - LoN report/Letter from Jordan - Question of Palestine
https://www.un.org/unispal/document/auto-insert-183716/[23/06/2023 15:55:33]
Rmiinteust.e ly Cfeirxteadi na nsdt rsiecttt lperdi nwciitphl eas vaireew atdoh etrheed atvoo iidna ncteh eo fa damniyn issotrrta toifo nd iosfp utthee bsettawteuesn qtuhoe. v aTrhiuosu,s apousthseorsisitoy n aocfc otrhdee dr ootfo orre pfalioro r ao nr otohfe poarr ta off ltohoer recsatrorrieerss .w i tAhg aiint, tah er igrhitg hgtr atnot edt hteo heaxncgl uuspi vae lraecmop gnoirt ioan poifc teuxrcel uosri vet op ocshsaensgsei ont heo f ptohsei tpiiolnl aorf oarn yt hes uwcahl lo bijne cqtu ewshteino n.h un gO n itsh er eogtahredre dh aansd aa cpormompruineittoy rsmhaiyp .enjoy, for instance, the right to cense in a chapel without claiming even a divided
d ifficuIltt iiess eaansdy otfot eunn detros tlaintdi gtahtaito nt,h ee sappepcliiaclaltyi ona so fe a"crhi gahlttse"r aotfi otnh idse naftaucrteo miuns tt hlee adp rteov agirleiantg pArdamcitniicset ramtiigohnt hasse rvhea d aas dai ffpircouolft tthaastk tbhoet h lieng aals cpeorstiatiinoinn g haansd biene nm aailntteariendi.n g tThhee rsetfaotrues, qutoh.e
raItnh ecro ntthraonv errtiesdk ctahsee s ptohses iboibljietcyt s tihna t diasnpyu tea lthearvaet iboene n ins omtehtei mebsa laanlcleo weodf tpoo wfearl l beitnwteoe nd ectahye ucrognetnets,t anitt dReivtoelsv essh ouuplodn bteh ep eArdmmiitntiesdt rattoi oenn stuoe .h a vHee ntchee,m iaft tetnhdee dc atror,y isnugp poousti nogf itr eppraoivress bneocto mteos be possible in the individual case for the parties concerned to come to an amicable agreement.
A dminisTthrea tisoanm ew iptrhi nrceigpalreds tfoo rt hec oWnessetrevrinn gW atlhle. stHaetrues toqou ot hhea vAed mibneiesnt raaptpiloine dh asb yh atdh ei n Pvaileews ttihnee cmoanisnitsetnsa nicne. of the status quo ante bellum, as far as it has been possible to ascertain what that
g reat cIlne atrhnee ssW hwihtaet Pparpienrc iopfl esN ovtehmebye rc,o ns1i9d2e8r, ttoh eb eB rtihtei slhe aGdoivnegr nomneenst tsot abtee df otlol owPeadr liianm etnrte atwiintgh ethsep ecpioailnltys miuns td ibsep uqtueo tebde tiwne etnh iAsr acbosn naencdt ioJne:ws. From the said document the following paragraphs
T emple;T haes Wseuscthe rint oirs Whaoillyi ntgo Wtahlel Jfeowrimsehd cpoamrmtu noift yt haen dw etshteeirrn ceuxstteormi oorf opfr atyhien ga ntchieernet eJxetweinsdhs baasc ks utcoh tihte iMsi dhdolley Atgoe sM oasnlde mpso.s s iMbolrye ofvuerrt,h eirt. i sT hlee gWaalllly itsh ea lasbos oplaurtte opfr otpheer tHya roafm -tahle- SMhoasrliefm; cporemmseunrivetdy bayn d thteh eG usatrrdiipa no fo fp atvheem eWnatq ff.a c iTnhge iJte wiiss h Wacqofm mupnriotpye rhtayv,e aess tiasb lsihsohwend bayn udnodcouumbetnetds rweigreh t moafd ea cbcye sst het o Mtohsel emp avaeumtehnotr iftoire st,h et hpeu rTpuorskeiss ho f autthheoirri tdieevso tiroenpse atbeudtl,y whreunleevde rt hparto tetshtesy bweonucldh esn otto ptehrem ipta vseumcehn td.e p aIrtt uirse su nfdreorwsnt otohde tehxaits tai nrgu lipnrga ctpircoeh ibaist itnhge tbhrei nbgriinngg ionfg cohfa isrcsr eaennds to the pavement was given in 1912.
A rticle" T1h3e oPfa ltehset iMnaen daGtoev erfnomre nPta leasntdi nHei,s hMaavjee sttayk'esn Gtohvee rvnimeewn tt,h ahta vtihneg maitnt emri nids tohnee tienr mwsh icohf ttehermy s,a rteh abto utnhde tJoe wmiasihn tcaoimnm untihtey shtaavteu sa qruiog,h tw hoifc ha ctcheesys thoa vet her epgaavredmeedn ta sf obre itnhge, piunr pogseense roafl pteherimir ttdeedv otuinodnesr, btuhte mTauyr kbirsihn g rteog imteh.e W alWlh eonnelvye r thtohsee aMpopsulretme naanuctehso roift iewso rshhaivpe whpircehf erwreerde Gcoomveplranimenntst otnh ate nqiuninroyv ahtaivoen s sahtaivsef ibeede nt hmeamdsee lviens tthhea te stthaeb lciosmhpelda ipnrtasc twiecree, waenldl -tfhoeu ndPeadl,e stthienye chaomvep lafienltts isth otuhledi rb ed udtiys ctoon tiinnuseids.t" that the departures from practice which gave rise to the
b oth PaArctcioersd,i nagnldy tthhaen Bervietni sthh oGuogvhe ronnmee notf htahse m hehlads tthhea t extchleu sWievset elreng aolr oWwanielrisnhgi pW aolfl tihse sWaaclrle,d yetto otfh e froeteh earc cdeusrsi ntgo tthhee Tpulrakcies ha sr etgoi mae raenldi giionu sp rseivtieo.us years before the Great War enjoyed the right
s aid prTihnec iBprlietsi,s hb eGeonv earnnxmieonuts atnod mtahien tPaailne stthien es tAadtmuisn iqsutor aatnitoen bhealvleu ma pipna rtehnet lyr,e lawthieonn sa ctbientgw eeonn tthhee stuwop erRviitseiso nw heixcehr cbiostehd bhya vteh ea Praelleisgtiionues Aidnmtienriessttr atiino nt hien stahmeei r stpaostk. o fF rgouma rtdhiinsg tphoei nstt aotfu sv iqeuwo htahse bbereinn gicnagr rtioe dt hoeu tW aliln atpwpou rtdeinraenccteiso ntsh:a to na rteh ec onotnrea rhya ntdo atchceeyp theadv eu ssaogueg,h ta ndt oo nc htehcek otthheer Jtehwesy fhraovme dtirisetdu rbtaon ceexsc liund et hien ncoavrartyiionngs oonn otfh et hpea rctu sotfo mtahrey Mdoesvloetmiso ntsh aotf mtahye rJeeswusl ta ti nt hae hWianldlr.ance to or cause
i n 1925T,h ei nP a1l9e2s8t,i naen d Aidnm i1n9i2s9t,r awthiiocnh hoacdc atsoi otnask ea raec tdieotna ilfeodr itnh et hsea iSdh apwu rCpoomsmei ssoino ns pReecpioarlt .occasions
t aken iAmsm esdtiaatteedl yi ni n thoer dearb ovneo-tm etnot igoinveed rWihsiet et oP aapneyr ionff r1a9c2t8i oanc toifo nt hoef stthaattu s naqtuuor.e hIans rheasdp ectto tboe cthhae irJse,w so rt hset ooplrso,h ibciatripoent s hoars mbaetetni ngesn,f oorrc eda nya gsacirnesetn st hoer bcruirntgaiinngs ftoor tthhee Wpaulrlp osoef oafn ys epbaernacthiensg, mteenm poarnadr iwloym etno. b rOinn gt hteo otthhee rW ahlaln dc,e ritna itnh ea pRpuulretse nparnocmeusl goaft ewdo risnh i1p9,2 9d,u ltyh es pJeecwisf iaerde igni vdeent apielr.mission
t he souItnh errens peencdt toof tthhee MWoasllle mssh atlhle boer dekre phta sl obcekeend gaitv ecne rtthaaitn thhoeu rpsr,e vainodu sltyh amte ntthieo neddr ivdionogr oaft aPnailmeasltsi nea lAodnmgi ntihset raPtaivoenm ehnats aatc tecde rotna int hef ipxreidn ctiipmlees thsahta lMlo sblee msp roouhgihbti tendo.t t oI nb e saol loorwdeedr itnog mtahkee sthuce h Jeinwinoshv atdieovnost ioonrs atlhtaenr athiaovnes biene n orp reavta ltehnet Wianl lt hiet spealsft .a s Cmeirgthati nc abuusiel dgirnega toepre rianttieornfse retnhcaet wweirteh breegsuuln t woift hainn otfhfei ciHaalr aimn vaersetai giant io1n9 2a9s wteor et heviorl unetfafreiclty ond itshceo netxiinsuteidn gb yc otnhdei tiMoonssl efmosr ptehned iJnegw s thaet tthiemei r iptr awyaesr s.d e ciHdoewde vetrh,a tl aat erl eonng tht heo fr ewsaulmlp tisokni rtoifn gt hiosn wtohrek nwoarst hs antchtei olnaende, tthhoautg hl eaatd st hteo stahmee Moghrabi Gate and the Haram area should be restored to its original height, in order to prevent
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stahei d Pwaavlelm.ent being overlooked from that lane, which had been a consequence of the lowering of the
c onstruAcst edw ilalt bteh e seseonu thferronm ptahret doefs crtihpet iPoanv eomfe ntt heh asp lancoet (bseeeen arbeomvoev)e d,t hen or" Zahwaivyea ht"h ew hriecche nwtalsy opened door on the same side and the staircase leading from it to the Haram area. (3) The Ownership of the Wall and of its Surroundings.
a ny proTphrei eCtoomrmsihsispi otno htahse toW alplr onooru ntcoe tah ev ePradviecmte notn itnh e fJreownits ho fc liati m(sc,o nacnldu dtihneg Jsepwese cdho onfo t Jecwliasihm Cinoqunuiserel , iMnitnou ttehse, pqaugees ti9o0n8 ).o f Nloengea lt hoew nleersssh itph ea sC oam minsescieosns ahrays bcaosnissi dfeorre d diett ertmoi nbien gi ttsh ed utlye gatlo pthoes itAiroanb s int o thteh e maetftfeerc.t thTahtu s not heo piCnoimomni ssoifo nt hcea nCnoomtm issesei oni tso n watyh ist o poaignrte e ist o catlhlee di dfeoar ,e nsueneciinagt edt habty otrhiegiirn aotwense risnh ifpa chta si nn otth eb egeenn ecroanlt ersetseedr vaantdi oinss mdoeraelotv ewri tihn caobnotvees.table. This objection of the Arabs
o wnershSiupb soefq utehnet Watlol ,t haes iwnevlels taisg atthieo np osiste shsaiso n moafd ei,t tahned oCfo mtmhiosssei opna rhtesr eowfi tiht s dseucrlraoruensd itnhgast tthhaet Haarer amh-eerseh -iSnh eqruiefs tairoena, iasc cMrouselse mt op rtohpee rMtoys.l e mFsr.o m Tthhee Wianlqlu iriitesse lcfo nadsu cbteeidn gb ya nt hien tCeogmrmails spiaornt, opfa rtthley Pian vetmheen tS hianr ifar oCnotu rotf atnhde pWaarltll,y wthherroeu gthh et hJee whse apreirnfgo romf twhietinre sdseevso't ieovnisd,e nicse ,a listo hMaoss leemme rpgreodp etrhtayt. the
P avemenTth ew aCso mcmoinssstiiotnu theads al ikMeowsilseem aWsacqefr tbayi neAdf datlh,a t't het hes ona reoaf tShaalta diisn , coiinn caibdoeuntt twhiet h yetahre 1s1a9i3d Aa.t D.t h eI ns aamlel tpirmoeb aabsi,l itayn d thaiss ppalratc eo,f wthhiec h atdhjeanc efnotr maerde aa. p aArtt ao f laa tlearr gdea toep,e na baorueta ,1 3w2a0s, mwahdeen Watqhfe lpordigvainteg s bfuoirl dMionrgosc ctahna tp ilagrrei mnso,w thoocsceu pbiueidl dbiyn gst hew erMeo gahlrsaob imsa dwee rWea qfo rbiyg inaa lcleyr tapiunt Aubpu Mtaod isaenr.v e Tahse coorinfgiinramel d tbiyt lae -vdeereddisc th aovfe tbheee nQ adlio,s t,p robnuotu ntcheadt inc hatrhaec tyeera r o1f6 3W0a iaff taetrt atchhee dh eatroi ntgh eo fb uwiiltdniensgsse s wians the usual form prescribed by the pertinent Sharia Law.
b oundarIine s tohfe tShhoasrei aW aqCfo uprrto pienr titehse wperrees eansccee rtoafi nreedp rbeys ean tmaetmibveers ofo f thteh eC oPmamritsiseiso n twhheo ampaprrkoexdi mtahteem ginu idoen aat mtahpe, phraoncdeeedd itnog st hoef Ctohmem iCsosmimoins sbiyo nt haen dP ahlaess tnionte bAedemni nicsatlrlaetdi oinn. q uTehsatti onm apb y haesi thseerr'v edo f ast hae Parties.
C ommissWiiotnh rerleifeesr encchei eftloy tohne thlee geallu cniadtautrieo n oaff fao rdWeadq f,b y atnhde tMhoes leemf fSeicdte .i t Wcaaqrfr iperso pewrittihe si tm,a y tbhee iofr revvaorciaobulsy kriensdesr,v ebdu tf otrh es ocmhea rarcetleirgiisotuisc ocro mcmhoanr ittoa blteh emp uraplols ei sw,h itchha t ist hepya rtairceu ldaerfiizneidt eilny tahned mraens,p eictt iivse ntoitt lae -sdieneed .q u aA lntohno utghha t ai tW asqhfa lplr obpee rctoyn siesc radteesdc rtiob edr elaisg itohues ppruorppeorsteys . o f FuGrotdh earnmdo roef, into Wmaaqy f.b e Otnhley caa sWea qft hcaotn sietc riast edn otto tah er eplriogpieorutsy piutrspeolsfe cbaunt roinglhyt liyt sb e redveefniuneesd atsh asta chraevde obre ehno lym adien htahen d prpolpaecre s secnasne boef mtahdoes eW awqofr disn. o rAd erM ostqou es earsv e suacsh hioss pai ceWsa qfo r ofl odtghien ghsi gfhoers t thoer depro.o r oOrn ftohre ootthheerr achpaarrit tafbolre repluirgpioosuess . stAu d"y Zaanwdi ycaohn,t"e mwphliacthi oins, daepfpienaerds atso bbeei nag Waa qf" osfa car ecdl acsosr nienrt e"r moerd iaa tpel abceet wseeetn the two just mentioned.
a s beiAnsg raeng aridnst etghrea ld ipfafretr enotf patrhtes Hoafr atmh-ee sphr-oSpheerrtiyf ,w ei sh avmea nniofwe sttol y deWaalq fw.i th , Jutdhgei nWga llf riotms etlhfe, Lianfw orrmeagtairodni nggi vWeanq fb yp rtohpee rAtrya,b tShied eP aavnedm ewnhti cihn sfereomnst toof bteh es upWpaolrlt eids boyf tthhee wsoarmdei ngc atoefg otrhye aSsh artihae Mneoegdhrs aboif, tih.ee .M,o rtohcec anM orpoiclcgarni msl.o dg iTnhge- qeuvairdteenrcse etlheactt edw aso rifgoirntahlcloym infgo r int het hep urmpaotstee r ofg oesse rvtion gp rtohvee emoxiresotivengr ftohra tt hfer obme netfhiet Moofs ltehme ipnohianbti toafn tvsi eowf tthhee sPaaivde mpernitv aties dcwheilelfilnyg sl.ooked upon as a passage (4) The Sacredness of the Wall and of the Pavement.
s acred Ffrroomm wthhaet Mhoassl ebme erne lsiagiido uasb osvtea nidtp ofionltl.o w sT hteh amte rWea qffa cptr otpheartt yt haes Wsaulclh fiosr mnso ta na lelx treergiaorrd epda rats osaf crtehdi s shlarirgnee ,"a relai kce anthneo t Mions qiuetss ealfn d caorthrey r wispteh ciiat llthy ast acthree d Wapllal ceshs ouwildt hbien cthoen sHiaderarem-d eashs -"Sah eMriofs.lem
t hat thNeo rW ahlalv ei st hsea cMroesdl etmo Stihdeem mfaodre aa nsyp esctiaatle mreenats otno wthhiacth ewfiflelc tb.e Wdheaatl tt hweiyt hh alvaet emra.i n tSatiinleld liesss cian n vaienwy cofl aithm e off acsat ncthtaitt y tbhee fsaoiudn dPead veomn entht e sWearqvef s cahas raa cttehor roofu ghtfhae rPe atveo methnet Mino rfocrcoannt Qofu arthtee rWs,a lal,nd nthoew aMdaoryos cacalns o,q uasirntceer s.the gate or door at the southern end was constructed, to the Haram area from
t he MosIlte mrse mfaoirn sa ntyh esnp etcoi aelx armeianseo nw.h e tThheer Mtohsel eWma lPla ratnyd ctohnet ePnadv etmheantt tihne rfer odnote so fe xiits ta rae rseaacsroend ftoor stehet suap coren dntehes s poref cithsee pslpaoct e,w hewhrei cMh ohias,m metdh,a t thteh e girenatet rPioror phpaert,t iofs btehel iWeaveldl etno chlaosvee s tae thsemareldl Mhiossque suntdeeedr sAtal nBdsu rathq aat t itt hei s tithmee boef lhieifs ovfi sitht e tmo aJjeorriustay leofm Mono shleims s cethlaest titahel Pjorouprhneety'. s Tshtee eCdo mwmaiss saicotnually tweitthheinr edt hae t pathrat t ofp retchei sWe alslp otw.h i cIht siksi,r thso waelvoenrg, tthoe bPea voebmseenrtv eodf tthhaet Wtahiel isnagi dP lpalcaec eo fi st hneo tJ eswist,u abtuetd ianr eiat sp reoxpteern sainodn ntoot tfhreo ms otuhteh ,o uatnsdi dteh.at the access to the small Buraq-Mosque is from the Haram
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t he WalUln dcearn tbhee sree gcairrdceudm satsa nac essa ctrheed Cpolmamcies sfiroonm dao eMso snloetm cpoonisnitd eorf tvhiaetw .t h eA tP atvheem etnitm ei no ff rtohnet of CPormomphiesst iiont fgooerms edt o pashrot w oft haant aonpey n spseictei a(l sepae rbt elofo w)t,h aat nad renao thwains g ofi n oltdh e maervikdede ncoeu t haeas rds abcerefdo ret o thtehe Mwaoss leumses.d fIort imatsy bper etsheantt tphieo u"sZ apwuirypaohs,e" pwrheivciho ussi ntcoe a1 9l2o9n gh apse rbieoedn olfo cdaetceady ,c lbouste atso rtehgea rPdasv etmheent, apandv eimes nst o iatlseslo f ait t thhae s pbreeesen ntu setdi mbe.y tShoe fMaors laesm si sf rkonmo wann,c iietn th atsi mneesv efro rb eeennt iar epllya cmeu nfdoarn eM opsulrepmoses pthraoryeorugs.h f aNreo tfwiort hMsotaghndraibngi s ietis thueser aons af ooplt acoer owfh enp radryeirv ibngy ctahem eJles wos,r diot nhkaesy s.always been a
a ccept Wtihteh srteafteermeenncte otfo tthhee MWoasllle mi tSsiedlef, mia.tet.e,r st haarte tdhief fWearleln ta.s aT hweh oCloem,m ibsys iroena siosn porfe pMaorheadm mteod's Cviomsimit sswiiothn hthiis s sftaecedt cdaoells edn oAt l eBxculraudq,e iths e samacirendt entao ncteh e oMf osthlee mss.a n cBtuitt yi no ft hteh eo pWianlilo nt oo ft hteh eJews as Bweulral.q wIafs ttheet hveerneedr aatte da mceemrotrayi no fd itshtea nPcreo pfhreotm' st hvei sWiati–lniontgw-iPtlhasctea nodfi ntgh et hJee wfsa–chta st hmaatd eh itsh es tWeeesdt eArln Wvaelnel rasatcioren d thian t ihtas s wfhoolr e maenxty ecnet nttou ritehes Mpaosslt ebmes,e n whshy oswhn obuly d thneo t Jerewss petcotw abrde s atthtae chsaedm e lWiakellw isweh ictho ,the abce cfoirdlilendg twio tht hethier Dbeilviienef , prreepserencsee?n t sI nt hceo nlsaesqtu ernecmea ionfs tohfe itrh ec oomlmdo nT eomrpilgei na nCdh rwihsitciha nt hCehyu rbcehleise vhea vteo iocn camasinoy nacallsey s tot hde issapmuet ess iates s too r tbheu ialdpipnrgops raias tet hee xeobrcjeicset s ofo f thtahet irw orwoshrishp.i p ,I ng isvoimneg irnissteances this iths e aJlesow s.t hNe actaursae lalsy bien tsweucehn ctahes est wio t raics iadilflfy icdiuflft erteo netfiafetcedt aden sacegnrdeaemnetns t,o f tAhbe raobhajem,c t thoef Averanbers aatindon Tbeoimbn g oft hRe acsahemel aanndd tthhee Wcaalrlr yiofn g thoeu t Toofm bst heo f wothres hPiap tbreiainrcg hcs eantt rHede barot n.t)h e Ssiammiel asrp octo. n f(lEixcatmsp lsehso:u ltdhe bnoott h nPeacerstisaers,i lby uat rithsee ciln aithm e ocf assae ncoft itthy e iWs ebsateserdn Wbay llt.h e Trhees poebcjteicvte oPfa rvteineesr aotni owni diesl yt hdei fsfaemree nftor mtoo tithvee s,o nae ndw heialce h tPhae rotty hcear n onpelry fmoarkm eis tcs ladeimv ottio oancs ceins s setop artahet e plpalacce eis,n fthreo nTt emofp let hae rWeaa lbl.eing open
p ossibiWlhiatty tohfe mCaokmimnigs saino na rhraasn gjeumsetn tp owihnitcehd moiugth th abse baececne pstaaibdl ei nt oo rbdoetrh tPoa rmtaikees .c l eTahre tqhueestion as mtao ttwehar t tor igwhhit cht her eJfeerwes nccae n wcillal ibm e imn aad e pblaecleo w.that does not legally belong to them is a separate (5) The Access to the Place in Front of the Wall.
f or manIyt ciesn tpurroiveesd pbays t,t hhea se vbiedeenn caen aobbojveec tr eoffe rrreeldi gtioo utsh avte ntehrea tWieosnt etron tWhael lJ eowfs . thWeh enT etmhpelree a rweaas, Tneomthpilen g gaevles e pllaecfet toof vtihsei tTse mopfl et hiet sdeelvfo ttehees rteog utlhaer opnillyg rriemmaagienss ,o fi .Jee.w,s tthoe tWhael lr,u ifnrso mo fw hitchhe tohled Dtiravciende bParceks entcoe thwea s 4tbhe liceevnetdu ryb,y stoh etmh ante vleorn gt ob ehfaovree dtehpea rWtaeidl.i ng Epvliadceen ceb ectaom et haa tM oesflfeemc tW acqafn tbhee alas meantt atthieo npsr esaenndt pdraayy.e r sA so fb etfhoer eJ emwesn twieornee dh etahred Pfarvoemm epnrte cwiasse leyv itdheen tslaym ei ns paontc iienn tf rtoinmte so fp atrhte oWfa laln aobpeonu t p1l1a6c7e . A.IDn .)c:o r"rIobn orfartoinotn otfh etrhei sm apyl abcee c(ittheed ,p rfeosre nti nsHtaarnacme-,e sht-hSeh esrtiaft eimse ntt heo f WeBsetnejranm inW alolf, Twuhdieclha itsh e onJee wso f tot hep rawya llbse foorfe tthhee HWoallyl oifn Htohlei eospte.n cTohuirst .i"s c(aTlhlee dI ttihnee rGaartye ooff BMeenrjcaym,i na nodf hTiutdheelra .c o mNe. alMl. Adler, pages 222-223, London, 1927.)
a t the Ltaitmeer, twhhee np ltahcoes eb ebtuwieledni ngtsh e weWrael le raencdt etdh,e tMhoer oocnclayn epnrtirvaantcee dfwreolml itnhges pwuabsl iecn crlooasde dw,a s soa t tthhaet npoorwethr,e rnt oe npdr eovfe ntth et hWea lJle.w s Nfortohmi nogb twaaisn idnogn ef,r eheo waecvceers,s ont ot hteh ep aprlta coef, tfhoer Mtohselye mwse,r ew haol lwoewreed tthoe np aiyn itnhteeirrr uvpitseidt s bayn dt etmhpeoirra rdye vcoatsieosn so fi nf ofrrcoen tm aojfe utrhee aWnadl l bjyu spto laist ibceaflo reev.e n tTsh ew hsiacihd epxrpaecltliecde twhaes Joenwlsy ftor oms ucJhe reuxstaelnetm afsr owma st ipmoes stiob ltei.me, but the custom was always resumed as soon as it was feasible and
r egardeTdh ea sC obmemiinsgs iao n" irse,l itghieoruesf osriet,e d"e cwihdiecdhl yi so fu stehde aosp isnuicohn etxhcaltu stihvee lpyl abcye tihne qaudehsetrieonnt s moufs t thbee Mgouasaraicn tecerde etdo. th eC oJneswesq ubeyn tAlryt icflree e1 3 aicnc etshse tMoa ndtahtee tpelramcse wfhoirc h,d eivnotteiro naalli a,p usrtpaotseess: is explicitly
"i ncAlluld irnegs ptohnasti boifl i.t y. i.n sceocnunreicntgi ofnr eew itahc ce.s s. t.o trheel i.g io.u s. rbeuliilgdiionugss bouri lsdiitnegss iann d Psailteesst i.n e., . is assumed by the Mandatory . . ."( Italics by the Commission.)
o f the Icrlraeismp eocft itvhee oJfe wtsh itso gfuraerea natcecee sgsi vteon itnh e thpel acMea,n datthee,r e thdeo esC omemxiisssti oan phroalcdtsi cteh acto,n sitni tustuipnpgo rta right ab antiquo.
a ccordeOdn tthheem Aoruatb oSfi dteo lietr anhcaes. b eeTnh atv igcoornotuesnltyi onc oonnt entdheed ptahratt otfh et heJ ewAsr abhsa vew ouolndl y ath aadn ys urcaht ea csceeesms Ator abjsu satsi fya n thien frcionngcelmuesnito no ft htahte tMhoes lmeemr eL aawc c(eSshsa roifa tLhaew )J efwosr tiof tihte hWaadl,l thhaes vniosti tbse ewno uhledl dl obnyg tahgeo Shahaver iab eLeanw parnodh ibtihtee dO.t toImta ns hLoauwl d asb e ato bpsreersveendt tihna t foirtc ei,s tahna t acekvneorwyltehdignegd wphriicnhc iipsl en ootf ibno tiht stehlef 6i lloef gSael ctainodn wIhIi,c hC ohdaes dbee eDnr opirta cOttitcoemda nf,r opma ri mGmeeomrogrei alY outnigm,e s,O xfsohradl,l 1b9e0 6r,e sppaegcet ed1 78a)s. a rTihgeh tC o(mAmritsisciloen inos osfo rotp inoifo ns,e ravsi tau dree suclatn oafc tiutasl lsyt ubdey ocfl atihmee de vaisd enac e baats ish anfdo,r thaanty, raicgchotr dionfg ptaos sSatgaet utien latwh,e place. The Commission considers, however, that in this instance there exists a right sui generis,
"tthoel ebraasnicse so"f twhhaitc ha rei sw oannt atnoc iseenrtv ec uasst oomr igtihnast fhoars wahraits ecno muensd etro tbhee lepgraoltleyc tivoanl ido fc uosnteo mosf. tEhvoesne
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Piaf lensot isnpee ceisatla bsltiasthuetde rciagnh tb ea nadd dpurceevda lienn ts uupspaogret, omfo ret hees pfeaccita,l lvye tw iitth craeng ahradr dtloy rbeel idgeinoiuesd mtahtatte risn, hparovep erctoym e ovfe rayn ogtehneerr.a lIlny tthoe rwehcoolgen issyes ttehme opfr isntcaitpulse tqhuaot, o"n et oplaerrtayn cmea"y phlaavyes aa nl iimmiptoerdt arnitg hrto lien ftohre dsehcoiudldi ngt hwehraet ,b ea tt hainsy sgcirvuepnu ltoiumse ,a pmpalyi cbaet iocno nsoifd ear efdi xteod hsatvaet ugsr oqwuno ,i natnod awnh y" esxhiosutlidn gt hreirgeh t.b"e thWihsy foemairs sioofn tthhea t praeljtuedrisc et het haatc tuiasl aesxsiusmteidn g tos taftoel loofw tahsi nagns , iinfe vi"ttaoblleer anccoen"s eqwuaesn cneo t ofr egaanryd eadc ta s ora cpeorsstaibiln e rbealsiigsi ofuosr aacnt sa lttheerreed, lewgiatlh opuots iatniyo ns?o r tA s ofr egcalradism tthoe orwingehrts htiop ,p ayp rveicseidtesn,t sa nadr et ok npoewrnf ortmo ceexirstat inilny rbeasspeedc to n tool dt hper acCthircies tainadn nHootl yo nP laancye sa gr(eseemee natb otvrea)c,e abalned itnh ed oocruimgeinnt aroyf ftohroms.e rights is
p reviouIsn retghiimse sc oinnn etchtei opna stt hseu cCho mpmrioshsiiboint iodnrsa wass swpeercei aslo maetttiemnetsi opnr octloa itmheed nfeavcetr tthoautc heddu ruipnogn tthhee wreirgeh t hoefl dv isbiyt itnhge asM ossulcehm,s btuot wperreej uddiirceec ttehde isro leplryo pargiaeitnosrty sruicghh ts teoprs oans twheer ep arcto nosfi detrheed Jeawss aasn extension of sanctions arising from previous practice in the neighbourhood of the Wall.
p urposeTsh ec oruelcdo gnnoitt iboen moofr e thcel ealrolnyg -esxtparnedsisnegd utshaagne boyf tthhee eJveiwdse ncteo pvriosdiutc etdh eb eWfaolrle ftohre Cdoemvmoitsisoinoanl Ao.n D.t)h,e tAor awbh iScihd et.h e Tsheea lb eoafr iMnogh aomne dt hSeh ecraisfe iosf atthtea cfhierdm a(nA popfe ntdhiex 2V4It)h, Rhaamsa dbaene ni nc a1l2l5e6d (iin. eq.u,e s1t8i4o0n biyt tghoee s Jetwhsi,s bduotc umtehnet Cpormomviesss iotnh ath asa t not hes uftfiimcei etnhte rJeeawsso nw efroer cdaouutbitoinnegd iatgsa ianustth ewnhtaitc iwteyr.e cAosn sfiadre reads aass itnhnroovwaitnigo nlsi gihnt tohne itrh ed etvhoetni opnrse vaati ltihneg Wcaolnlc.e p tHioowne voefr ,t hteh iJse wfsi'r mdaenv oitsi oonfa lt hvei sgirtesa.t e sTth ei nrteearseosnt twhhey tghreo uanudt hionr iftrioenst doefa ltth ew iWtahl lt.h e cTahsies aatp pallilc awtaiso nt hwaats trheej eJcetwesd hbaedc aaupspel itehde rfeo rw atsh e' 'rniog hptr etcoe dpeanvte bfeo r itnhaed mJiesssuisb lcea rurnydienrg otuhte aSnhya rsiuac hL arwe pafiorrs tihne mt hatto adroe a sion. " th eA pppaasrte,n"t layn d iatl swoa sb ecfaeuasree d" itth awto ublyd cparorpreyirntgy . o utB utt haotf pnaov ilnegs s woirnkt ertehset Jiesw s itw otuhladt sienc urteh e a salmeeg adle ccilsaiiomn ttoh er epaelr mpiossssieosns iwoans ocfo naf irWmaeqdf "thtoo sep ayv ivsiistist sw etroe itto l(etrhaet eWda llj)u sats aosf tohled ."v i siStisn ceo fi tf ohraesi gbneeerns eomrp haostihzeerds fwriotmh otuhte aAnrya b dSeivdoet itohnaatl Cphurripossteias,n s iftr oms hcooumlidn gb en eanro ttehde tWhaaltl odru riitnsg sau rrvoeurnyd ilnognsg, bpuetr itohda ti nt hitsh ew apsa satl loMwoesdl etmos tphreo hJiebwist eads a special favour.
A dminisSttrialtli vem oCroeu nicnidli coaft iJveer uosfa letmh ei nm o1t9i1v1e,s wohfi cht hhea sM oosflteemns 'b eeonb jceictteido nbsy itsh et hMeo sldeemc iSsiidoen ionf tthhies ccaonset.r ar yT hteo guusaargdei,a nh aodf ptlhaec eAdb uc hMaaidrisa no nW atqhfe (ptahvee mMeongth,r aabnid Qhuea rrteeqru)e shtaedd tchoamtp la"iinne do rtdheart tot hea voJiedw s,a future claim of ownership" the present state of affairs should be stopped.
i t, on Utphoen gtrhoeu npdest itthiaotn itb eiwnags itnraadnmsimsistitbelde tboy tlhaew Mtuof tpil aacned chtaoi rtsh,e sSchraereinas ,C oaunrdt ,s itmhielya r saurptpiocrlteesd tthhee reW alolr otfo tmhaek eN oabnlye iAnqnsoav aMtoisoqnuse .""w h iTchhe mAidgmhitn isitnrdaitciavtee Coowunnecrislh itph"e roeru poocnc udpeactiidoend otfh a"tt hiet swiatse nooft permissible to place there any articles that could be "considered as indications of ownership."
To this decree was added a clause, by which the Council decided "if found necessary" to "preserve the old practice."
d ecisioInn otfh e tohpei niAodnm inoifs ttrhaet iCvoem miCsosuinocni l–twhaes evtiod enptr evmeontti vea nfyo r futthuer ep etciltaiiomn –atnod oawlnseor sfhoirp thoer preocsosegnsisizeodn.. At the same time, however, the long-standing practice in itself was expressly
c onclusAifotne rt hcaotn sitdheer infgr eteh ea cscaeisds evoifd etnhcee , Jperwosd ucteod tbhye thpel aAcrea bf oSri ded,e vtohtei oCnoamlm ipsusripoons ecso mehsa st o bteheen dreicsopguntei zeidn beya rtlhiee rM ostliemmess thhaevmes elbveeesn atsh ea crhiagrhatc taebr anatnidq utoh.e eTxhtee nqsuieosnt ioonfs tthhea t Jheawvies hg ipvreanc triicsee otfo carrying on devotions at the Wall.
m entionOend tfhier maJne woifs h1 8S4i1d,e smtuacthe ds ttroe sbse woafs thlea isda moen btehaer ifnigr,m aann do ft o 1f8i8r9m a(nAsp poefn dtihxe VsIaIm)e, ctohnet enatbso voef- 1J8e9r3u saalnedm –1t9h0e9 , Jebwys whwiecrhe dgeucarreaenst–eceodm muan iccaetretda int o dtehger eCeh ioeff Rparbobtiencattieo n ini nt hteh eO tteoxmearnc iEsmep iorfe otrh eiirn rteralingsilaont.i on Tbheef oTruer ktihseh Ctoemxmti sosfi otnh,o shea sd obceuemne nstosm,e wohfa tw hdiicfhf etrheantt loyf t1r8a8n9s lwaatse d prboyd uecxepde ratn dw irtenaeds seisn hteo artdh eo n etfhfee crte stpheactt ivteh es iJdeewss. DwRe.r eL IpBrAoNmOiNs,e dw hetnh aetx atmhienreed bsyh otuhled Jbeew is"hn oP airnttye,r fterraennsclea tewdi tthh et hteeixrt sthyenaigr ogriuetsu ala.n"d with their places of devotional visits and pilgrimages and with the practice of
g eneralOlny tahcek nMoowslleedmg esdi–daen dR IhZeA dTeEcWlFaIrKe dP AStHhAa t wausp ohne atrhde– a whwoilten eshse wchoousled eamcicneepntt qtuhael iwfoircdaitnigo nosf weDrRe. LoIn BAtNhOeN 'GSr ainndt eRrapbrbeitnaattieo n,s ucbhu t atsh asty naa gvoegrubeast iamn dt rtahnes lraittiuoanl shvoiuslidt irnugn :p l"aIcne st.h"e pAl adciessc uwshsiicohn deapreonsde ab etgweeoegnr atphhei cCaolu nosre la domfi ntihset rPaatritviee s diwshteitnhcetri otnh.e w oIrnd st h"ew hifcohr mdeerp ecnads eo ni tt hweo uGlrda ndf oRlalbobwi ntahtaet", iimfp litehde pthlae cef irimna nq uweasst ioinn tewnadse da tJoe wgirsahn t".r i tIuna l thvei siltaitntge r pclaascee ,"i t itm igwhats bien clruedqeudi siutned etrh atth ea pprloatceec,t ioinn owrhdiecrh etco clbees iparsottieccatle d saesn sae . re lHiogwieovuesr ,s itthee, sChoomumlids sbieo nd etpheinndkesn tt hoant thweh icRhaebvbeirn atien tienr parne taadtmiionni smtarya tbiev e tohre meoxrper escsoirorne cotf, at hteo stahiedi r fliirbmearntsy moufs tr elbieg iroeng.a rIdne dt hpeo lviiceyw foafv otuhrea bCloem mitsoswiaornd st htehree Jiesw sn o arneda saosn atno
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bmaelniiefeves tatthiaotn st hoosfe wshaoi dp rpaoyleidc ya ts etehme tWoe sbtee ranl lW atlhle wemroer ee xicmeppotretda nftr oams tahta tl etaoslte rtahnec ef.i r mTahne ooff f1i8c8i9a,l ttho e jSuhdagrei af rCoomu rcte ratnidf ihcaast et hsuisg nbeede n obnr otuhgahtt dtooc utmheen tc,o ghnaisz anbceee no fe ntthearte dv einne rtahbel eo fCfoiucrita.l register of (6) The form and extent of Jewish devotions.
q uestioOnn itsh ea srterleinggitohu so fs itteh,e saabcorveed- sttaot etdh e coJneswisd,e raantdi otnhsa tt hteh eyC omhmaivses iao nr ifgihntd st ot haactc estsh e top laicte foirn cienrttearifne rednecveo't ifornoaml otphuerrpso,s esi.n w haHto wfeovremr , antdh et o Jewwhsa t aelxstoe ntc ltahiemi ra derviogthito ntso atd etchied eW,a lwli tahroeu tt o abney hgeuladr.a nt eTehde i"rf raereg uemxeenrtc iisse, oifn wtohres hfiipr,s"t fprloamc ew,h itchha t,s hobuyl dt hfeo lelxopwl itchiet rtiegrhmts otfo tahrer anMgaen datthee,i r thperya yaerres ahcocldo rdtihnagt ,t oe vtehne iirf owinn raintceise natn dt itmoe sb rtihnegi rt ow otrhseh iWpa lhla da llt hteh ec haaprpaucrtteern aonfc eisn dtihveiyd udaele m prfaiyte.r s Thaenyd lsaemrevinctae tihoanss ,a s tah er udleev ebleoepnm eanltl oiwne dl attoe rc otnitmiensu eo fw itthheoiurt pirnatyeerrrsu pitnitoon .a cAonnyg riengtaetrifoenraeln caen do n ortghaen ipzaerdt aobf ovteh.e Moslems with the ritual of the Jews was also in principle forbidden by the firmans cited
consideOrna btlhee tJiemwei sbhe eSni dien icto nifso rmailtsyo wciotnht entdheed ptrheaste ntt hec lariemasl asntda tutsh atq uoi na nstuec hb erlelsupme chtasd afso rt hae afcrotmu alt hea demxiinsitsitnrga triivgeh tpsr eosfc rtihpet iJoenwss .did not agree with the said claims, those regulations diverged
a s follAofwtse:r having duly considered those points of view the Commission declares its opinion to be
o f reliAgsi oruesg alridbse rtthye itse rpmrso colfa itmheed Maanndd atteh aitt Airst itcrluee 1t3h aets pienc iAarltliyc lperso v1i3d,e s1 5f oarn d" f1r6e et heex eprrciinscei ploef twhoarst hitph"e fpoarr tailsla ncso nocfe ranneyd .s p eBcuita lf rcoomn ftehsissi ogne nsehroaull dr uhlaev et het hec onrcilguhsti otno ceaxnenrocti sree atshoeniarb lwyo rbseh idpr aiwnn asltlr ucptluarcee so fw itthheo ustt aatnuys qcuoon siind etrhaet iHoonl yt oP ltahcee s raingdh tost hoefr ortehleirgsi.o u s Isfi ttehsa tw owuelrde brseoa kt hdeonw nt.h e Inw hotlhee Mporeslseemn t Wacqafs ee ntchleo sdeidf fiinc ualntdi essu rarroeu ndaegdg rabvya toetdh erb y Motshlee mf aWcatq ftsh,a to f thweh icrhe loingei oucso ntsaiitnes ias sihtrsienlef ofa the greatest sacredness to all Moslems.
i nteresItf otfh et hWee stJeerwns , Wadlule acnodn stihdee rPaatvieomne notu gihnt farlosnot otfo ibte opuagihdt btyo tbhee prJoetwesc tteod tihne itrh eh orsetlsi,g iotuhse Moslems, whose sacred shrines have been guaranteed immunity by the terms of the Mandate.
d ecidinHge ntchee tehxei sCtoimnmgi srsiigohnt sc oonfc lutdhees Jtehwast atth et hee stWaabllli.s h edF rocmu sttohmi s shiotu lddo ebse nao t prfooplelro w batshiast tfhoer Caot mmtihses iWoanl lm uastt tghoe beaacrkl ietsot tshtea gpersi.m i tiOvne tfhoer most hewrh ichha ndc hatrhaec tCeormimziesds itohne thpirnakyse rst haatn d ustahgee ,c oinnd itoirodnesr to serve as a basis for a real right, must be of fairly long standing.
p ilgrimIst tios tnhoet pWoaslsli bwleer et op esrtfaotrem ewdi.t h Iatn y acpepretaarisn,t yh ouwnedveerr ,w hfarto mf otrhmes tehvei ddeenvcoet iaotn sa nodf tthhaet fiervsetn fcoernmt urtioe sa naogtoh ecro llheacst ibveee no rf a"vaorurraendg edb"y ptrhaey eJresw iwsehr e rhietluda la,t wthhiec hW aflrlo.m aTnhcei etnrta nstfiomremsa trieoqnu ifrreodm tohnee ptor eseexnecrec isoef tahse msaanmye asso rtte no fp ewrosrosnhsi p( Miinn yaanny) pfloarc eh,o ljduisntg aas cionm pal estyen asgeorgvuiec.e , Aasn da amlaltotweerd oaf Mcionuyrasne loenes s or cmoomrpel etger oupsse rovfi cseu cha nMdi nyaatn s awlelr e efvoernmtesd atth etyh e oWfatleln topor.a y eTdh esceo lglreocutpisv epleyr foarnmde d nao tm oreo nolry eiancdhi viodtuhaelrl ya.s i nA st hmee ns yannadg ogwuoem,e n thceo uwlodm enno tk eopnt aacpcaorutn ti n ofa stehpea rlaotcea lc ocronnedri.t i oTnhse bJee wsse pbarroautgehdt wfirtohm dthreems,s edt oion, gcaerrmteanitns oafp ptrhoep raitattrei btuot etsh etihra tr iatruea lu.sually employed at their service, and they appeared
r equireTdh e fSocrr oiltls ofs utphpeo rLta w wh(eTno rabhe)i nwgi thr etahde Afrrko m,n eewdaesd faotr tfhier stc arornyliyn g borfo uigth ta ndt o witthhe thWea ltla bloen einxstrtaanocrde,i nairny tiomcecsa soifo ndsr,o ugwhhte na ndt hien Rcaabsbei noaft eo thheard caolradmeirteide sf)a,s tbsu t asnudc cepsrsaiyveerlsy ttoh e bSec rohlell do f (tfhoer Laalsw o woans tbhreo uogrhdti ntahreyr eS abmboarteh .often, especially at great religious festivals and, in later times,
t ake anIyt ssteeepmss otfh aat ntahtiusr ed etvheel'o pmmiegnhtt opfo spsriabcltyi cgei vwea sr insoet toob jae cctleadi mt oo fa so wlnoenrgs haisp ,t hseu cJhe wass deifdf onrotts stco reoebnt,a itnh utsh ei nrtirgohdtu coifn g paa visnugb sttihteu tpel afcoer, tohre bwroimnegni'nsg gbaelnlcehreys ,i n ort hes espyanraagtoignuge ,m eonr abnyd awtotmaecnh ibnyg aa pteonsst estsoi otnh eo fW atlhle fpolra cper.otection against the sun and other measures tending to indicate a claim to
A dminisTthrea tiovbej ecCtoiuonnc ila,g aiinn swth itchhe pslcarceienng woafs "cphaaritrisc,u lsacrrleye nmse natnido nseidm iilna rt haer ti1c9l1e1s "d ewcaiss idoenf ionfe d thaes an "innovation which might indicate ownership."
m entionFerdo md ectihsei oJne wwiassh alStiedree dc ebryt atihne ptrhoeonf se xihsatvien gb eGeonv erpnrmoednutc.e d Tthoi s tqhuee setfifoenc th ast,h ath owtehvee r,l ansott- bpaeeidn stuhfef iccoisetn tolfy mcalienatraeidn iunpg. t hNeo rP ahvaesm etnhte isnt arteepmaeinrt obfe etnh es uJbeswtsa ntthiaatt eadt idni fsfuecrhe nat wtaiym eass tthoe yp rhoavvee tcheartt aitnh etyi mheasv en ot hoebrjeebcyt iaocnq uwiarse d maadney tpoo sstehses oJreyw sr ibgrhitn gtion g thbee ncphleasc,e . ch aIitr sm,a ys cbree eansss,u maendd tshiamti laatr appurtenances to the Wall, and that they have occasionally seen to the cleaning or repairing of
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Jerusalem - United Kingdom Commission report on the Western Wall (1930) - LoN report/Letter from Jordan - Question of Palestine
https://www.un.org/unispal/document/auto-insert-183716/[23/06/2023 15:55:33]
sthtae ndPianvge mheanst .e x iBsutte db yi nt htehsees ef arcetssp eictt sh,a so rn otth abte eann yp rloevgeadl tchlaati mssu ccha na nb eu nbcaosnetde sttheedr eporna.ctice of long
( b) andA s( cr)e,g airtd itsh eo fa pipnutretreensatn cteos nooft e wtohrasth,i p,t o ajsu ddgeea lftr owmi tthh ei ne vtihdee ntceem,p otrhaer yM osilnesmtsr ucdtiido nnso t 1m9a2k9e, ainn y theex pcloinctirto vceormspyl abienttwse eang aAirnasbts tahned bJreiwnsg.ing of such appurtenances to the place until a late stage
o f statTuhse qauboo,v ew-amse nptrieocneedde dW hbiyt ea nP aepxetre nosfi vNeo vceomrbreers,p o1n9d2e8n,c ep rboectlwaeiemni ntgh et hAed mMiannidsattroartyi oPno wienr 'Psa lpeosltiicnye Gaonvde rtnhoer Gorfa ndJ eMruufstail,e m Prreesciedievnetd oaf ltehtet eSru pfrreomme tMhoes lSeump rCeomuen cMiols.l e mO nC o1u9ntchi lF,e barsukairnyg, f1o9r2 2t,h et her emaocvtailn,g Waaccllo.r di nAgs ttoh et hJee wPsa lheasdt iangea iGno vbeergnumne ntt'os pplraecvei otuhse isnesattrsu ctthieornes,, tohfe sCeoautnsc ila ndw robteen chaegsa inf rotmo tthhee Gthoev erpnloarc e.o n T1h6etnh tAhper iClo,u n1c9i2l2,, aats ktihneg rheiqmu etsot roefs ttrhaei ni nthhaeb itJaenwtss forfo mt hber ipnrgiivnagt eb ednwcehlelsi nogrs sneeaatrs tthoe Ptahev emJeenwts, ini nt hae lseatmtee rr edsapteecdt .8 t hA rJeapnluya rwya,s 1g9i2v3e,n cboym ptlhaei naecdt ionfg aG orveeprenaotre do n ttrhees p3arsds Foenb rtuhaer yp,a r1t9 2o3f, informing the Council that orders had been given for due observance of the earlier instructions.
a gainstA fttheer aJ ecwesr tfaoirn tpirmeec ihsaedl ye ltahpes eds atmhee rgeuaasrodni ana nodf otnh e tWhaaqtf aocfc otuhnet Miong hraa biIse tptreort edsatteedd ag2a8itnh Sceonpttaeimbneedr , in1 9h2i5s, ltehtet erC ooufn c3irld lFoedbgreuda rya, c1o9m2p3l.a i nAts twhiet hC otuhnec ilG odviedr nnoort, rreecfeeirvrei nagn y tow ritthtee n praonmsiwseer efnort resaotmien gt ihmiem, ttoh epyr evwernott et haeg aJienw st o" ftrhoem rGeopveeartnionrg otnh itsh ea ct7 tohf Jtuhneei,r s1 9s2o6 ,a sa stkoi nagb idfeo rb ya trheep lsyt ataunsd
quo." Along with the said letter, however, there was enclosed a copy of a petition from the guardian of the Moghrabi Waqf, in which complaints were made "that Jews place benches, mats,
tables, chairs, and lamps when they have not been previously allowed to do so." The guardian of hthoeu seWsa qoff gtohees Woanq ft.o sTahye yt hhaatv e" tthhiesr ehfaosr ec aturseesdp aas sendu iosna npcaer tt oo fp atshsee rWsa qbfy ,l aansd ,t hbee craouasde ltehaed sw itdot ht hoef othn e plpaacsisnagg et hdeosees tnhoitn gesx.c"eed 2-1/2 metres. We are in continual quarrels with them as they insist
t he effUepcotn tahna ta n"stwheer mbaetitnegr rweacse ivuendd erf roimn vtehset igGaotvieornn,o"r 'st heO ffCiocuen cidla tetdh rtohueg h 28tthhe iro f PrJeusnied,e n1t9 26w,r otteo aagpapiunr teonna n2c0etsh. J uAlsy , th1e9 26r esruelpte atoifn gt hiet sp rroemqiuseesdt ionfv es7ttihg aJtuinoen, wbaust nwoitt hfoourtt hmceonmtiinogn,i ntgh ea nPyr epsairdteinctu laorf ithnef orCmoiunngc ilh ims entth ata tlheet teJre wst o wetrhee aDgeapiunt y enDdiesatvroiucrti nCgo mmtios spiuotn ero uto n setahtes 4atth otfh e AuWgaulslt., 1T9h2i6s, irenfpeoarmtaedt iorne,q uehset sftoart eadc,t ihoand onr ebaechhaeldf tohfe tChoeu nCcoiuln cfirlo mw ast hdei cgtuaatreddi abny otfh otshee coMmopglharianbtis .W a qTfh iasn dt imhei,s 1h9o2w6e,v erw,a st hteh aCto utnhcei l neccoenscslaurdye d sttehpesi r bel etttaekre nb yt os apyrienvge:n t" Tthhee aJiemw so ff rtohme pluettttienrg daantyetdh i2n0gt hi nJ utlhye, Bwruorateq , teos ptehcei aPlrleys iodne nSta toufr dtahyes Caonudn cJielw iisnh rfeepalsyt tdoa ytsh.e" a bOonv e2 5lteht tAeurg uasst ,f o1l9l2o6w,s :t h"eT hDaits ttrhiec t meOafsfuirceesr referred to in the last paragraph of your quoted letter have been taken, and that no change in the status quo will take place."
a t whicAhf tdeart et hatth en oitnhhianbgi toafn tasn yo fs ptehcei aMlo rionctcearne stQ uhaarptpeern ecdo muppl ation edt het ob etghien nSiunpgr eomfe NMoovselmebme r,C o1u9n2c6i,l apbroomuit setdh e leJaevwes tbor inugsei ngs u"chs maclhla ipros rtbayb lteh ec hDaiisrtsr"i ctto Ptohlei cWea lOlf,f iucnedre.r tQhuea rprreelsse nhcaed tahraits etnh ebye thwaede n betehne bMeo ropcrceavnesn taendd ftrhoem Jepwlsa coinn ga cacnoyutnhti nogf tthhearte, atnhda tt hwea sg uanrodti asna nocft itohnee dW abqyf aoslkde dp rtahcatti cteh.e J eTwhse msiagihdt ipenftiortimionn g chaiums eadb otuhte tChoeu nqcuialr rteol s wtrhiatte htaod tjhues tD eapruitsye nD iasbtoruitc tt heC osmmmailsls icohnaeirr so nw h7itchh Dweecreem b"e rc,o n1t9r2a6r,y bteo litehvee atnhcaite ntt heu saGgoev earnndm enptr acdteiscier,e"s atnod ahlet ecro ntchleu daebd ahnitsi qlueot tsetra tien wthhiec hf ohlalso wbienegn weanyf:o r"cWeed doon ntoot
the present." (Italics inserted by the Commission.)
M oslem ACto utnhcei le ntdh aotf, 1i9n2 7h itsh eo pDienpiuotny, Diits twraisc td eCsoimrmaibslsei oinne r thaed viisnetde retshtes Porfe sipduebnlti c ofs ectuhrei tSyu prtehmaet dpuurripnogs esc,e rttoauirni sthso usrhso uolfd ntohte bdea yp erwmhietnt edJ ewtso gwoe rteh erweo.n t Hteo, tchoenrgerfeograet,e parto potsheed Wtaol lg ivfeo ro rdperrasy itnog ptaher tipcoulliacre mheonu rss toaft itohnee dd anye.ar the Wailing Wall to refuse admission to tourists during those
P resideTnhti so fl etthtee r Cwoausn ciwlr,i ttoenn tohne t1h5et h2 nodf ofJ anDueacreym,b er1,9 2189.2 7 ,T haen d Cowuansc ialn swoebrjeedc tevde ryt of uplrloyh ibbyi titnhge Jteouwrs isntesw rfirgohmt sa pipnr otahceh isnagm et hpel aPcaev,e maenndt,, mboerceaouvseer , anwyo ulsdu cahr opursoeh itbhiet ifoene laimnogusn toefd tthoe "Mgorsalnetmisn.g" tIhne tthhei s Cloemtmtiesrs itohne, vviiezw. ,w ast hcaotn s"esqeuveenrtally iandcviadnecnetds whaincdh mcaanmye ptroo blliegmhst lcaatuesre di nb yt hteh ep roJceewesd ianrgosu nbde fotrhee qthueiss t iopln acoef. the Buraq plainly indicate that they have laid down a plan of gradually obtaining
P resideTnhte roefa fttehre, Ctohuen ciDle putthya t Dihset rwiocutl dC opmomsits sai onneort icbey lient ttehre oafr e3a0 tohf Mtahrec hW,e s1t9e2r8n, Wianlflo rfmoerd tthhee irenfsopercmat titohne porfi vtahcey toofu rtihsotsse setnagtaignegd itnh ep rsapyeecrisa la th osuurcsh otfi mepsr.a"y e r Ina nhdi s" raenqsuweesrt itnog tthhaet pluebtltiecr otno pthuet 3urpd aonfd Arperpiela ttehde hPirse saisdseunrta nocfe thteh atC ouenvceirly sattatteemdp tt hbayt thhee cJoeuwlsd ntoot eaxgtreened ttoh etihra tc lnaoitmisc ei nb eitnhge Buraq would be received with the utmost anxiety by the Moslems and would be flatly refused.
i n the NoSth auwn tCiolm mtihses i2o4nt hR eopfo rSte pt(epmabgeer ,2 91)9 28t,o oki .ep.l,a coen, tdhied satmhee dParye saisd etnhte odfi sttuhreb aMnocselse md esCcoruinbceidl himself make a direct and detailed protest against the Jews' habit of bringing appurtenances of
HP EXHIBIT 92
1177
Jerusalem - United Kingdom Commission report on the Western Wall (1930) - LoN report/Letter from Jordan - Question of Palestine
https://www.un.org/unispal/document/auto-insert-183716/[23/06/2023 15:55:33]
worship table int o tthhee mWiadldll.e Haen dt heanl ssop etchief ieTde n" a Cowmomoadnednm ernotosm cpolvaecreedd woint ha clcohtahi,r scwrheiecnhs ,s hmoautlsd, an olta rbgee otfh erRee.l"i g iTohues aItntsetnittiuotni oonfs , thaen dC,o uansc itlh ihsa dh abde eanr odursaewdn tthoe tdhies pmlaetatseurr eb yo fa trheep oMrots lfermosm, tthhee IDnissptercitcotr Cpormohmiibsisiteodn era ndw acso ulads kneodt tboe atcackeep ttehde. " n eTchees scaormyp lsatienptss wfeorre rreepmeoavtiendg atnhdo sfeu rtthheirn gdse t"a ilwsh igcihv enw eirne ltehotstee rsl eftrtoemr s thset rePsrse siwdaesn tl aoifd tnhoet Coonulnyc ioln wtrhiet tiennf roinn gtehmee n2tn do,f 4tthhe, satnadt u6st hq uoof cOacutsoebde rb,y 19t2h8e. J ewIsn bworirnsghiinp,g swmhailclh cmheaainrts tbhueti ra lisnot rboyd utchienigr nueswi ntgh i"nag sc uipnb oaorrdd earn du lltaimmpast"e layn dt oo tehxeprr oapprpiuarttee ntahnec esh oolfy place from the Moslems.
W aqf (tMheea nMwohriolcec,a na sQ usatratteerd) ino n thteh eB reivteinsihn gG oovfe r2n3mredn tS'esp tWehmibteer Pahpaedr mtahdee gau acrodmipalna ionft tthoe tAhbeu DMeapduitayn Dpirasctrtiiccet , Csoumcmhi sassi otnheer ianbtoruotd ucat idoinv iodfi nagd distciroeneanl apnedt roalb oluatm post,h ear niunmnboevra toifo nmsa tsi,n atnhde a esTtaabbelrinsahcelde or Ark much larger than was customary.
d ecisioTnh ei n Dtehpeu tmya tDtiesrt roifc tt heC olmammipsss,i otnheer moartdse,r eadn d tthhee rAermko.v a lT heo fu steh eo f stchree elna,t tbeurt aprpeusretrevneadn cehsi,s ahat d tahpep aernedn tloyf bSeeepnt eamcbteura,l l1y9 2a9l,l owwehdi chu nteimlb rtahcee dH icgehr tCaoimnm iisnsjiuonncetri oinsss uetdh ahti sw etreem ptoor arbye ionbsetyreudc tiwointsh regard to the Jewish prayers.
a lthougIhn tvhieerwe ohfa vteh eb eaebno ved-idfeftearielnetd ocpiirnciuomnsst aansc etso twhhea tC owmamsi ssailolno whaabsl ec oumned etro tthhee sctoantculsu sqiuoon, tbhoatth, ptaher tiaecsc eipnt atnhcee diosfp utthees tphraitn cliepdl eu po ft o stthaet uWsh itqeu oP aapse r roefl eNvoavnetm bfeorr, 1t9h2e8i,r baesxeids ttihnegi rr iagrhgtusm.e nt s Tohne cforindeindtiloy nsr elaatt itohnes Wbaeltlw eheanv et hea lJweawyss abnede nt hdee piennhdaebnitt atnot sa ofc ontshied eMroarbolcec ane xQtueanrtt eorn. t hWeh emno rteh eo rl atlteesrs ptoraock tiecxec,e ptthieo nS utpor emteh e Mobsrlienmg iCnogu nbcyi l theen doJreswesd otfh eicre rtvaiienw s aapnpdu rtfeonrawnacredse d atsh ebieri ncgo mpilnanionvtast iotnos thoef Phaolweesvetir,n e tAhdem icnoimsptlraaitnitosn hraedq uecshtiienfgl y inbteeernv ednitrieocnt eodn atghaeiinrs tp asrutc hi no btjheec tsm atatse rb.e n cFhoers , a chlaoinrgs tainmde Tsacbreeernnas claen do rn oAtr ku;n tiitl oautg htth ea llsaos tt os tbaeg eo bwsaesr veexdp ltihcaitt tphreo tceosmtp lmaaidnet s agoafi ntshte lgaumaprsd,i anm atosf, thaen d Watqhfe uwesruae l.in respect to additional lamps and to the fact that the Tabernacle or Ark was larger than
p olicy Tahse reCgoamrmdiss stihoen Wfeisntdesr n tWhaaltl tchoen siWshtist eo fP aapne ri ntoefn tNioovne mtboe rm,a in1t9a2i8n, tshtea tsitnagt ust haqtu o tahse eBxriisttiisnhg puendremir tttehde Ttuor kibsrhi ngr egtiom e tihne rWeaslple,c t waalss ob atsoe dt heo na ptphuer tesnaamnec epsr ionfc iwpolres hiaps whhaisc h bteheen Jemwosr e aroer tol abses completely accepted by the Parties themselves.
t he saiMdo rWehoivteer , Paapse ri sw asst atreedc eiivne dt hwei tShh agwr eCaotm msiastsiisofna cRteipoonr tb y( ptahgee M3o3s)l,e mt hCeo mpmruonciltaimeast iaonnd moand e tihne 2a7ddthr esosfe dD etcheem bDeerp,u t1y9 2D8i,s ttrhiec tG rCaonmdm iMsusfitoin ero fo fJ etrhues aJleermu saasl ePmr eDsiivdiesnito no fi nt hteh eM ofsollelmo wSiunpgr etmeer msC ou(npcaigle 34)
f or th"eT hCeo lSounpireesm e iMno sNloevme mCboeurn,c il1 9h2a8s, seaennd twhhei cWhh itwea sP appuebrl iisshseude d ibny tthhee SOefcfriectiaarly oGfa zSettattee, cino ncietr ntihnagt tchaer eq ueasntdi oinn soifg htt hea nBdu rjauks t(itchee wWietshtoeurtn pWaarltli aolfi ttyh ew hMiocshq uhea so fc lAela-rAlqys a)a nda ndp lfaiinndlsy adinds peclolnecde ala nyt hed ousbttast usu ndqeuro awnhdi chi tst hec lewaird espporseiatdi ona.n d fTahles eC opurnocpialg atnhdear ehfaosr e atotfefmeprtse d( ?t ot hahnikdse tfhoarn ktsh e)y oium paanrdt itahle aGtotvietrundmee nwth icohf tPhael eBsrtiitnies ha sG oyvoeur nwmeernet htahse tdaikreenc ti nc atuhsies irne sepxepclta.i n iIntg altshoe facts which have elicited this just decision.
p ossibl"eT haep pSluyp rtehmee tMeorsmlse mo fC otuhnec iWlh itheo pePsa petrh atth atth et hGeo vsetrantmuesn tq uwoi liln afcotrucael ldyu rainndg atsh ee aTrulryk isahs rule should be observed."
C ommissAiso n rceognasriddse rtsh et hawta y griena t whiimcpho rttahnec e Whoiutgeh t Ptaop erb e oaft ta1c9h2e8d wtaos tthhee rteeumppoonr arayd mirnuilsetse rfeodr tthhee Aadpmpilinciasttiraont ioonf. t heT hosstea tuasd mqiunoi starnattei veb elrluulme,s wohfi ch1 9w2e9r ew eirses ueadp pasruebnstelqyu endtrlayw n byu p thaef tPearl esctlionsee esuxabjmeicnatetdi ont o omfo ditfhiec aftaicotnss tfor osmu che vdeergyr epeo ianst maoyf bvei eaw .n ec esHseanrcye ,c otnhsee qureengcuel aotfi otnhse sihnoquulidr y omnaldye bbye the Commission.
c onsideIrna tdiroanw itnhge olueta dtihnogs et hroeugguhlta tiionn st hteh eM oPsalleemsst'i ned efAednmcien,i stvriazt.i,o nt haaptp eairnsn ovtaot ihoanvse tteankdeinn gi nttoo syeuappros,r t hao wecvleari,m aosf wpeolsls esasso rdyu rriinggh tt hoen ptrhoec eepdairntg so fb etfhoer e Jetwhse sChoomumlids siboen ,p rtohhei biMtoesdl.e m s Inh avree cepnutt afos rwianrddi caantoitnhge rt hpeo iinntt eonft iovni ewo,f vtihze. ,J etwhsa t" ttoh emya koeb jae cstyenda gtoog uaen yo fs otrhte opfl aacpep.u"r t eInna nctehsi s ofc onwnoercsthiiopn, cthoen trMaorsyl etmo tPhaer tSyh ahraisa Leavwe nf ruormg ewdh icthh atth eayn yh avceo nccietsesdi otnh eo np astshaegier, pmaerntt ioinne dt hoant pargees p3e2c ta bwoovuel.d be
a pprehePnasyiionngs odnu e three gpaarrdt otfo tthhei sM osploeimnst moafk e viite w,t het hmeo reC oimmmpiosrstiaonnt itsh ato fn o opsiannicotni ont hsahto ultdh esbee atchce oprdeerdi odt hper iborri ntgoi ntgh eo fW aarn yb uott hweerr e otbojleecrtast etdo atsh eb epilnagc ee stthaabnl isthheods eb yt htaitm ew-ehroen onuorte do bcjuescttoemd. to in
HP EXHIBIT 92
1178
Jerusalem - United Kingdom Commission report on the Western Wall (1930) - LoN report/Letter from Jordan - Question of Palestine
https://www.un.org/unispal/document/auto-insert-183716/[23/06/2023 15:55:33]
d ue conRseifdeerrraitnigo nt op awihda t thoa st hbee efni rsmtaantse do fa bo1v8e4 0 ina nrde s1p9e1c1t, twoh itchhi sw emraet teprr,o dauncde dm oirne eevsipdeecnicael lbyy witthhe Mforoslnet m ofS itdhee, Wtahlel ,Commission passes verdict that it shall be prohibited to place on the Pavement in
any benches, chairs, or tents for the convenience of the worshippers or otherwise;
or, any screens or curtains either for separating men from women or for any other purpose;
boer,l owa.ny carpets or mattings, with the exception of such as are explicitly made note of
of the Awso rrde,g airtd ss hsouuclhd obbej ebcotrsn ea si nm amyi nbde hdeerfei,n etdo oa,s tahpaptu rttheen arnecaedsi nogf owfo rsthhiep Lianw t(hTeo rasht)r ifcrto ms etnhsee Sscerrovilcl e.o r SVcernoelrlast ioonf ftohre tLhaew soann ccteirttya ionf otchcea siLoanws pfroersmcsr ibaens itmhpaotr tatnhto sep arstc roolfl st hoef Jpeawricshhm ednitv inoen twhheicm,h tahned ,L aww hiesn wbreiitntge n,r ewahde,n rsehmoouvledd bfer omp ltahcee dS ytnoa gorgeuset, sohno ual d tbaeb lceo.n ve yTehde inp raens eAnrtk etnecmlpoosrianrgy rteheg ulWaatlilo nosn, Sawtiutrhd aay sv i(eSwa btboa tehnsa)b lainndg otnh eJ eJweiwssh t"oh olcya rdrayy so,u"t gar acnotm ppleertmei ssseirovni cteo itnh etmh et ov ipclianciet yn eoafr tthhee WAarlkl abnodt ht hteh eo tAhrekr ifno r whriecsht intgh e tShcer oSlclrso lolfs tohne wLhaewn atrhee kLeapwt ,i sa nbde itnwgo rteaabdl.e s ,A so nmee natsi oan esdt abnedf ofroer, otchceases ioonbsj ecwthse n hapvrea yebrese n arnedg uflaasrtlsy wberroeu ghtto tboe thheel dW aalsl fforro m invsetrayn caen caite nta tjiumnecst uurpeo no fp anrattiicounlaalr wmaiss foprrtouvneed obry cwailtanmeistsye so rh eoawridn gb etfoo rseo mteh eo thCeorm meivsesnito no ft haant etxhter asoariddi naaprpyu rctheanraanccteesr .w e rFeu rctuhsetrommoarrei liyt borfo uag hsti mtiol atrh ev aWlaildli tlyo nwge rbee fborroeu gthhte fWoarrw,a rodn aNte wt hYee arh'esa rDianyg sa ncdo nodnu cttheed Dbayy tohfe ACtoomnmeimsesnito.n aNso tpor otohfes Fberisntgiivangl s ttoh atnh et hWoaslel joufs t thmee ntaipopnuerdt.e n anHcoewse vecro,n nseicntceed iwni tthh et htee mrpeoardairnyg roefg ultahtei oLnasw poenr moitshseiro n Hhiagsh Fbeeesnt ivaaclcso)r deidn tgoe netrhael Jtehwes Ctoom muitsisliiozne– btahsei nogb jietcst so piinn iqoune satlisoon uopno np acretritcauilna r ev"iJdeewnicseh pHrooldyu cDeady sa t( Hitghhe ainreq uibrays ehde lodn btyi miet-–hhoanso uerveedr yp rraecatsiocne ,t o ablell itehvee mtohraet stoh,e aadsm iinti sstereamtsi vteo rebgeu liant icoonnsf oirnm itthyi sw irtehs petchte cseiglenbifraictaedn cet heoifr Htihgeh pFleasctei vaalss ab y spiitleg riomfa ggerse atto , saanndc tgiattyh etroi ngtsh ei nJ efwrso,n t tohfa,t thteh eyW alslh,o uolnd whhiacvhe occasions complete services were held including the reading of the Torah.
a ccordaUnncdee rw itthh ew hcaitr cmuamys tbaen cdeese meads ftihtetyi nge xtihsatt tthhee JCeowmsm isshsoiuolnd bfei nadlsl otwheadt toi tb riinsg rtiog htth e aWnadl l ina Csaabmei neont sourc hA rokc ccaosnitoanisn iansg tthhee fSoclrloolwlisn g:o f. the Law with the stands or tables needed for using the
the Chi(eaf) Rababti st hoef tiJmeer usoafl ehmo,l dibnyg rsepaescoina lo ff astthse ohra pppreanyienrgs otfh ats omhea vee xbtereano rdpirnoacrlya imeevde ntb,y ailntwaenyds edp rhoovliddiendg tohfa ts utchhe fCahsitesf oRra bpbriasy egrisv;e due notice to the Palestine Administration of the
(b) on New Year's Day and on the Day of Atonement;
which t(hce) saido no bojtehcetrs hsapveec ibaele nh oulsyu adlalyys brroeucgohgtn itzoe dt hbey Wtahlel . Administration as such days on
o nly beI tb rsohuaglhlt atlos o tbhee sWtailplu,l aitfe da ntdh atw hetnh e tAhrakt ciosn toatihneirnwgi steh ep eSrcmrioslsli bolre ,S cprroolvlisd eodf tthhaet Ltahwe shsaalild otbo jetchtes Waarlel ,o fa nad stihzaet ttoh epye rsmhiatl lo fb et hreeimro vbeedi nfgr ocma rtrhiee d pblya chea nnde,a ra ntdh et hWaatl lt haety tshhea lcll onsoet obfe eaafcfhi xoefd the said holy days.
t imes, Teh.eg .r,e aidni nag. oSfy ntahgeo gLuaew ofnr oMmo ntdhaey sS,c rTohlulrss diasy sr,e qaunids iStaet uarldsaoy sf.o r Tah ec obmrpilnegtien gs eorfv itchee aStc rcoelrltsa ionf rteheg ulLaatwi oannsd iotns tahpep urotredniannacreys , Shaobwbeavtehr-,d aiyss o(nelxyt epnedrimnigs sifbrloem acFcroirddaiyn g evteon itnhge purnetsieln t sutnesmepto raorny pSraotbuarbdialyi)t.y , Tahse hapsr acatlirceea dyo nb ewehni csht attehde, roefg ual astoimoenwsh aitn rtehciesn t rdeastpee,c ta nhda viet bheaesn nobta sebde eni ss hionw n altlo Wtaher . sa tIits fiasc ttiroune otfh atth es oCmoem mwiistsnieosns etsh,a tw haonsye ctornutsitnwuoorutsh iunseasgse wwaist hi nr ensop ewcaty toop eint teox issutsepdi cbieofno,r eg atvhee cpeorsitatiinv e peevriidoedn cper etvoi,o ust het oe ftfheec tW atrh.a t Otthhee ro bwjietcntess siens qhuoewsetvieorn wwheor ew eirne ussoe fnaera ra st hceo uWladl l bed urjiundgg eda Wjaulslt , atsh etyr uhsatdw orntohty aansy tchoen scfioorumse r regmreomubpr adnecpeo soefd htahvaitn,g asletehno utghhe tAhreky awnedr e thfer eqSucernotl lsr esnoeratre rtsh et oW altlh,e orne spaencyt otrhdei nasraym e wereeka-sdoanyisn g orh oledvse n gooond ,S aatsu rdhaayss ,b euennt iald dtuhcee dp ebryi otdh es uCbosmemqiusesnito nt ob etfhoer eW,a rr.e l atIinv et htios bbey ncthhees , Jcehwasi rsw,i tehtocu.t, avniyz .,o btjheactt iiotn isb ecionngc eriaviasbelde tohna t tshuec hp aorbtj ecotfs mtahye atM ostliemmess, habvuet betehna tu sneod tuhnep roMtoesclteemds- ahgaavien snto tp rmaacdtei caen yo f folromnagl stoarn ddienfgi nciatne boeb jseacitdi otno ahgaavien sbte etnh et hAerrke bayn de stthaeb lTiasbhleeds. unTthialt lwaitteh lya nmya yd evgerreye woefl lr ebgeu leaxrpiltayi.n e dI tb yh atsh e nootb jebcetesn ipno sqsuiebsltei ofno rn otth eh aCvoimnmgi sbseieonn itno uassec ebretfaoirne wthheet hWearr cthues to"mTaarbye"r na(cplaeg e or5 1)A rkw"a sw hciocmhp atrheed Mboyg hrtahbeims wiint h1 9t2h8e rAergka rdtehda ta sh abde inbge en" muucshe d lairng ert het hapne rwiaosd ismhmoeudlida tbeel yn optreedc etdhiantg tohre wwiitthn esosn eI StShAaCtH AhRaOdF Fb,e ewnh o usgeadv e atm osat setmiplhla teiacr leiveird ednactee .a b ouNte vetrhteh eblreisnsg inigt otfh e ans aAmrek pwriatcht iac e" smparlelv"a iSlcerdo loln ofM otnhdea yLsa wa nadn d Tah u"rssmdaalyls .t a blTeh"a ti n cupsrteo-mw,a r hdoawyesv,e ra,l shoa ss tantoetd tbheaetn recognized in the temporary regulations as being in conformity with the status quo. At all events
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Jerusalem - United Kingdom Commission report on the Western Wall (1930) - LoN report/Letter from Jordan - Question of Palestine
https://www.un.org/unispal/document/auto-insert-183716/[23/06/2023 15:55:33]
athuet hoerviizdee nac e cohnefairrdm abteifoonr eo ft hae JCeowmimsihs sriiognh to nt ot hpilsa cpeo itnhte hAarsk bweietnh ctohnet rSacdriocltlo rya t antdh e doWeasl l noont ordinary Sabbaths.
m anner Ianf olriemsiatiidn,g thteh ed epsriersee natn dr iagihmt otfo tthhee Cobmrmiinsgsiinogn ohfa st hneo t Arbke enc otnot aiinntienrgf etrhee iSnc raonlyl sw aiyn wtihteh ntho e orbijteucatls otfh atth em iJgehwti spho sdseivboltyi obnes , tbaukte no ntloy itnod iecnastuer es otmhea ts oirnt coonfn epcotsisoens swoirtyh rtihgeh tJ efwoirs ht hweo rsJheiwps pshraocultdi ceb.e b rToou ghtth en eCaorm mtihses iWoanl lt,h iusn lehsass tahpep edaoriendg tsoo wbaes ojfu stviefriye d esbpye crieaals oni mpoofr tlaonncge- coantt itnhuiesd tphaartt ictuhlea rJ ewjsu nwcetruer e.l ef tA nfyr eien ntoov attriaonns ftohramt tohcec uprlraecde imnitgoh t a bsey nmaagdoeg uues–ea ndo f thiant seuvpepnotruta loift yt hmeu stp lbeea oobrdveiar.t ed Iitn ist hep reisnutmearbelsyt si mopfo sfsoirbmlael, jhuoswteivceer , antdo cfoonrt etshte tihnes ufraicntg tohfa ta am ariengtuelnaarn cber ionfg inpge acteo tahned Wmailscl omopfr ehoebnjseicotns , ofs ucthh aats ntahteu reA.r k cNoonrt aiwnoiunlgd tthhea t Sceriotlhlesr osfe etmh et oL awb,e mciaglhlte d gifvoer , riwshee n tod uea consideration is paid to the primary and traditional character and purpose of the place.
t hey arAes orfe glaersdsse r tihmep oortthaenrc es.pecial objects of worship, from the point of view above set forth,
i n whicThh es ubcrhi nlgaimnpgs taor et hteo Wbael ll idgahyt edb,y adnady aolfs oa osft aan dp ocrotnatbalien iwnags hr-ibtausailn laanmdp sa awnadt eorf- cao nztianicn erc aosne af ors ttahned , fuitsu rper otvoeod, tpor obvei diend aocncloyr dtahnacte nwointeh oafc ctehpotseed oubsjaegcet s ansdh alslh oubled afcfoinxseedq uetnot ltyh e beW alple rmiittsteeldf sourn steot aonny FWraildla yo fe vetnhien ga dtjoo isnuinnsge tW aoqnf Sbautiulrddianyg sa.n d Nforro m sshuanlsle ti to nb et hper oEhvieb iotfe da nfyo rJ etwhies h Jehwosl y fdraoym cunontital insiunngs eptr aoyne r tbhoeo kfso ltloo wbien gu sdeady int ot hpel arciet uanle aorf twhoer sWhailpl. as they have done hitherto a stando
ther hTohley sdtaaynsd relfaesrtr emde nttoi.oned shall also be removed at the close of the Sabbath day or of the
a prayeFru-rmtahte rwmiotrhe , hiinm coorn fhoerrm itoyn wtihteh tpwroa chtoilcye , deaaycsh oJfe wtihseh wNoerws hYiepapre rf esshtailvla lb ea nedn tiotnl etdh et oD abyr inogf Atonement.
N ew YeaIrt' sf orDmasy aa npda rotn otfh et heD aJye woifs h Atsoenrevmiecnet ina ntdh et hSey nJaegwosg ueh atvoe bclloawi mtehde tShheo frairg h(tr amo'ns thhoer n)s aiodn occasions to carry out this ceremony of theirs in front of the Wall too.
o therwiTshea ti ni sa ctau acll apirma ctthiacte ,h aasn dn otth eb eCeonm mirsescioognn ihsaesd niont tfhoeu npdr easneyn ts uafdfmiicniiesnttr arteiavseo nr efgourl aatsisoennst inogr to it.
t o the SWaavlel .as above provided, it shall not be permissible to bring any appurtenances of worship
devotioAnss raetg atrhdes Wtehset eHranr aWma lalr,e at haen dC otmhmei sasdijoanc epnats sWeasq fv eprrdoipcetr ttyh aitn tthhee iprr erseelnatt isotna ttuos, qtuhoe oJfe wtihseh Wcaaluls inagn d anoyf miotrse ismemreidoiuast e dissutrurrobuanndcien gsi n shtahlel ,J eawss ' famra nanse r poasnsdi bplrea,c tbiec e proefs ewrovresdh,i pw itthha na hvaise wo ctcou rrneodt Wian llt.h e Cpoansste,q uoern ttlhya nt hmea yM obsel eimnse vsihtaalbll eb eb ye nrteiatsloend oifn cthhaen gWeasq fi np rtohpee rtpireesv aialdijnagc encto ntdoi titohnes Waatl l thteo conolnsy trtuhcatt osru cbhu iwlodr ka nsyh adlels inroetd eenrcercotaicohn aonnd tthoe dPeamvoelmiesnht oarr erae poari ri mapnayi re xitshtei nrgi gbhuti lodfi ntgh,e pJreowvsi detdo adcecveostis ontaol vtihsei tWsa ltlo, thoer pliancveo lnveea ra ntyh e dWiasltlu.rbance to the Jews that is avoidable during their
f or gooIdf, tmheea surreecse nsthlayl lc obnes ttraukcetne do fd otohre asta mteh ek insdo uatsh eartn perneds eonft tihne fPoarvceem etnot enissu rneo ti ttso bbeei ngc lokseepdt bloy cktehde Pfarloems t5i npe. mA.d moinn itshter aEtvieo no,f atnhde thSraobubgahtohu ta nsdu cohn dJaeywsi suhn thioll ys udnasyest .that are recognised as such
a nimalsT hael oCnogm mtihses iPoanv eamlesnot acto ncfeirrtmasi nt hheo uprrso.hibition in the temporary rules against the driving of
u sual hFoourr sa voofi dwionrgs hiapn,n obyea nccaer rtioe dt hoeu t Jseow icslho sweo rtsoh itphpee rPsa vtehmee nZti kars tcoe rceamuosney asnhnaolyla nncoet., during the
________
a dducedT haeb ovceo,n cmlauys iboen ss uamrmreidv eudp aats fboyl ltohwes :Commission on the basis of the reasoning and evidence
WesternA .W all, Tsoe etihneg Mtohsalte mist bfeolromnsg atnh ei nstoelger aolw npearrsth iopf otfh,e aHnadr atmh-ee ssho-lSeh erpirfo praireetaa,r yw hriicghh ti s toa, Watqhfe property.
t he adjTaoc etnhte Msoos-lceamlsl etdh erMeo gahlrsaob i be(lMoonrgosc ctahne) owQnuearrstheirp oopfp otshiet eP avtehmee nWta liln, frionnats moufc ht haes Watlhle anlda sto-f mpeunrtpioosneesd. property was made Waqf under Moslem Sharia Law, it being dedicated to charitable
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Jerusalem - United Kingdom Commission report on the Western Wall (1930) - LoN report/Letter from Jordan - Question of Palestine
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p lace nSeuacrh atphpeu rWtaelnla nceeist heorf iwno rschoinpf oarnmdi/toyr wsiutchh tohteh eprr oovbijseicotnss aosf tthhei sJ epwrse smeanyt bVee rednitcitt loerd btyo aefgfreecemt enotf ,c oemset atbol ibsehtiwnege nf otrh et hPeamr taineys sshoarltl oufn dperro pnroi ectiarrcyu mrsitgahntc etso bet hec onWsaildle roerd taos , tohre haadvjea ctehnet Pavement.
e dificeO no rt hteo odtehmeorl ihsahn do rt hree pMaoisrl eamnsy sbhuaillld ibneg uwnidtehri nt hteh eo bWlaiqgfa tiporno penrotty t(oH acroanms tarruecat oarn d buMiolgdh raabniy Qoru aritmepra)i r adtjhaec eanctc etsos tohfe tWhael lJ,e wisn tsou cthh ea Wmaalnln eorr tihnavto ltvhee asnayi dd iwsotrukr bwaonucled teon,c roora cihn toenr fetrheen cPea vewmietnht, the Jews during the times of their devotional visits to the Wall, if it can in any way be avoided.
all timBe.s subjTehcet Jteow st hseh aelxlp lhiacviet fsrteiep ulaactcieosnss thoe rtehien aWfetsetre rtno Wbael lm efnotri otnheed , pvuirzp.o,se of devotions at
S(e1p)t embTehre, 1t9e2m9p,o rraerlya tiinvset rtuoc t"iaopnpsu rtiesnsaunecde sb yo f twhoer sPhailpe"s t(isneee SAedcmtiinoins t2r,a tai,o n b,a tc ),t haer ee ntdo boef mpaladce e pneeramra ntehnet , Waslulb jtehcet Chaobwienveetr otro Artkh e coonntea imnoidnigf itchaet iSocnr otlhla to r iStc rsohlallsl obfe thpee rmLiasws iabnlde thteo Tfarbolm,e bount wohnilcyh ont hteh eA rfko lsltoawnidnsg oacncda stihoen sT,a bvliez .,on which the Scroll is laid when being read
J erusal(eam) m aayt oarndye rs pteoc ibael hfealsdt iann dt haes sceomnbsleyq ufeonrc ep uobfl isco mper apyuebrl itch adti stthree sCsh ieofr Rcaablbaimsi toyf, provided due notice shall have been given by them to the Administration;
s pecial( b")h ol yo nd aNyesw" tYheaatr 'asr eD arye coagnndi soend tbhye thDea yG oovfe rnAmteonnte maesn ts,u cahn dd aaylss oo n ownh iacnhy ito thhaesr been customary for the Ark containing the Scrolls of the Law to be brought to the Wall.
h ave anSya vaep pausr tpernoavnicdeesd ofi nw otrhseh iapr tiinc ltehse ovfi ctihniist yV eorfd itchte iWta lslh.all not be permissible to
capacit(y2,) carr yNion go bwjietcht itohne mo rt oo btshtea cWlael ls hhaalnld -bbeo okrsa isoerd otthoe rt haer tJiecwlse,s icnu sttohmeairri liyn duisveidd uaalt sthucehi r gadremveonttiso nass ewietrhee ro fa so lda ugseende raatl tthheiinrg doerv otuipoonns .special occasions, nor to their wearing
benches(,3 )c arpeTthse otre mmpaotrtairniglsy, cehnaaicrtse,d cuprrtoahiinbsi tainodn ss cargeaeinnss,t ettch.e, abnrdi naggianign stto thteh ed riWvailnlg ooff ainnijmuanclst ioant acse rttoa ikne ehpoiunrgs thael ondgo ort hea t Ptahvee mesnotu thaerren teon d boef mtahdee Waablslo lluotcek,e da sd uriisn ga lcseor tatihne Phaouverms.e nt Tshhea llr ibgeh tr,e shpoewcetveedr ,a ndf orre mMaoisnl eimnsv iotloa bgloe atso haintdh erftroo. in an ordinary way along the
similar( 4o)b jectI tw isthha lal vibeew ptroo hpilbaictiendg itto tbhreirneg evteon tthheo ugWha lflo ra nay litmeintte do rs paac ec uorft atiinm e.or any
nor cau(s5e) anyT hoet hJeerw sd isshtaulrlb anncoet tboe tpheer miMtotselde mst o thbalto w ist hea voriadma'bsl eh;o rtnh e( SMhoosflaerm)s noena r thteh e otWhaelrl hparnodg resshsa lolf ntohte bJee wpiesrhm idtetveodt itoon sc aorrr yt oo ucta utshee anZniokyra ncceer etmoo ntyh ec lJoeswes tion tahney Poatvheemre nwta yd.uring the
instruc(t6i)o ns aIst tihse yt om abye tuhnidnekr sftioto dr etshpaetc ttihneg Atdhmei ndiismternastiioonns sohfa lela cbhe oefn ttihtel eodb jteoc tsg ivteh ats uicth aibs ovpee rrmeifsesrirbelde tfoo,r atnhde aJleswos rteos pbercitnign gt oo tthheer WdaeltIa,i lrse stpheactt imnagy tbhee npeacretsiscaurlya rf odra ytsh ea nadd ehqouuartse and complete carrying out of this present Verdict of the Commission.
front (o7f) theI t Wsahlall l orb e iptrso hisbuirtreodu nfdoirn gsa nyf opre rsaolnl orp olpietriscoanls tsop emeackhee su seo r ofu tttheer apnlcaecse ionr demonstrations of any kind whatever.
that th(e8 ) WestIetr ns hWaallll bes hohuelldd ntoot beb e a dmiastftiegru reodf cboym mhoanv iinngt earneys t etnog raMvoisnlgesm s oarn di nJsecwrsi patliioknes Ppalavceemde ntu pionn firto nto ro fb yt hhea vWianlgl snhaoiullsd obre skiempitl acrl eaonb jaencdt sb ed rpirvoepne rilnyt or esipte catnedd bayl sMoo stlheamts tahned Jcelewas neadl ikaen;d irte piasi rheedr,e wiift ha ndde clwahreend tthoa tb ei st hnee cMeossslaermys,' urpiognh t duaen d ndouttiyc et ob ehianvge gtihvee nP atvoe metnhte Administration.
shall b(e9 )e ntrOuwsitnegd ttoo tthhee WPaallle'sst icnhea raAcdtmeirn isatsr aatni ohni,s tosroi ctahla tm oannuym ernetp aiitrss fittot iintg tmhaaitn tmeanya ncbee cneocnessulsatarty iosnh awlilt h bteh e cSaurprrieemde oMuots lebmy Cotuhnecmi la nadn d utnhdee rR abtbhieniirc aslu pCeoruvnicsiilo nf ort hPoaulgehs tionnel.y after
Moslems( 1i0n) dueI ft iamney, rtehpea iPrasl etsot inteh e AdPmaivneimsetnrta ttihoant sahrael ln etcaekses atrhye anreec esnsoatr ya tstteenpdse dt ot oh abvye tthhee work done.
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Jerusalem - United Kingdom Commission report on the Western Wall (1930) - LoN report/Letter from Jordan - Question of Palestine
https://www.un.org/unispal/document/auto-insert-183716/[23/06/2023 15:55:33]
officia(l1s1 ) to Thbee Cthhieeifr Raaubtbhiosr iozfe d Jerreupsraelseemn tasthiavlel obre rreepqrueisreendt attoi venso mifnoart e reocneei vionrg motrhee Aidnmsitnriucsttiraontis ona ndr eogtahredri ngc omtmhuen iWceasttieornns Wtahlalt, wtihlel Pbaev eimsesnute di nf rformo ntti moef tiot ,t iamned btyh et hef orPmaalleisttiiense to be observed with regard to the Jewish devotions near the Wall.
t o twoT hdei fcfoenrteenntt iocuosn cperpotbiloenms thraetg atrhdei nCgo mam issstiaonnd ahrads hoafd ltaow detahla tw itbho tdho etsh en otc oonwtee nidtisn ge xiPsatretnicees prercinocginiplzee s anodf arcicgehptt .a n dO nr etlhieg icoounst rfaariyt hi,t ahnads iasr iasleln tohuet moofr ea nf aerx-irsetaicnhgi nign cionm pcahtairbaicltietry firno ma cetaucahl otfh att hea rPea,r tfioers tbheeimn,g ooff tihdee afli rmmo mceonntv iacntdi ownh itchha t thtehye icsasnuneo to ff otrhgeo .c o nItne ntciaornr ywiinlgl oauftf eictts itnatsekr estthse Cqouemmsitisosin onh ash anso tf ubretehne rrmeofreer rheadd ttoo itt afkoer isnettot lceomnesnitd ebrya ttihoen Ptahret iecsi rtchuemmsstealnvcees tthhaatt tahree cmoonstte nnteiaorulsy concerned in it.
i ntroduTchtaito n bteoi ntgh iss op,r ontohuen ceCmoemnmti,s stihoant rtehceo grneiazdeys ,w ilalsi nghnaess s bdeiesnp laaylerde abdyy boptohi nPtaerdt ieosu tt o ians stihset Cthoem misCsoimomniesrssi.o n iTnh ati tsk inidnlqyu iraitetsi tuodne thhaes sipnodte edh asp robmepetne d oft hei nehsotpiem abilne tahdev anmtiangdes otfo tthhee Camoimcmaibslsei onaegrrse emtehnatt foonr tsheet tblaisnigs tohfe itrh imsu tiunavle sdtiifgfaetrieonnc est,h e anP aorutticeosm em iwghhitc hb ei na btlhei st oi nasrtrainvcee awto ualnd buep ftaor tphree fperreasbelnet .t op raonvye ds eptotslseimbelnet fwohri cahn yi ss umcohr ea gorre elmeesnst ftoor cbeed aurproinv etdh eamt. aIntd hacso nsneoqtu,e nhtolwye vtehre, VCeormdmiicsts iohna vhea sb eheand dnroa wno thuepr ecxoculrussei veolpye n ont o thiet btahsains too f prtohneo uonpcien iiotns tVheartd itchte. C oTmhmei sscioonnt enhtass offo rmtehde breogtah rdiinn g' tthhee pmreersietnst oMfa ntdhaet ec aasned, ijnu dtgheed aidnm itnhies tmraaitni ofnr oomf tthhee seaamrel ipeori nrte goifm ev iweiwt ha sr eigsa rrde ftloe cttheed relations to one another of differing creeds in Palestine.
t he facItn tahdadti,t iionn ttoh ew hTarte ahtays bbeetewne esna itdh ee aErulrioepre awni tGhr eraetg arPdo wetrhse reatnod, Tiutr kiesy ffiotrt itnhge hseertet lteom ernetc aolfl dtehce laarfaftaiiorns, ionf wthhiec h Eatshte,r e swiagsn ede xporne ss1e3dt h thJeu liyn,t e1n8t7i8o,n ttoh e maSiunbtlaiimne tPhoer tper inmcaidpel ea ofs pornetlaingeioouuss liberty and to give it the widest scope (Article LXII).
t his loIfnt yr epgrairndc iptloe tchaen npoatr tbiec upluatr icnatsoe prtahcatti cteh,e uCnolmemsiss stihoen ahdahse rebnetesn oafp ptohien tdeidf fteor iinngq ucirreee dsi ntaor,e preregapardres d,t hei no noeb sPearrvtayn cien otfh et heex errucliesse soeft thfeoirrt hi nacboonvtee,s ttaob les horwi ghetasc ho fo tohwenre rdsuhei p coannsdi dpeorsasteisosni ona,s abendl onags troe gtahredms btyh er iogthhte ro fi np otshsee spseirofno.rmance of their religious services on a ground which does not
a ffairsT haen dC omomfi swshiaotn ivse ntduerpeesn detnot enttheerrteauipno nt,h eb ohtohp eM otshlaetm,s haavnidn gJ erwesg awridl lt o atchcee patc taunadl rpeosspietcito n tohfe Ca ompmries-srieoqnu'iss iVteer dbioctth wfiotrh tthhea tf ueratrhneersatn cdee soifr e thteo actotmamionn miunttuearle sutn doefr stthaen dPianrgt itehsa ti ni sP asloe sitmipnoer taanndt for ensuring a peaceable development in the World at large.
________
In its pronouncements and decisions the Commission is unanimous.
ELI EL LÖFGDReEcNe.mber, 1930. CC.H AJR.L ESV ABN AKRDEEM.PEN. STIG SAHLIN
APPENDIX II. MEETINGS AND WITNESSES.
(C) = Witness called by the Commission.
(J) = Witness called by the Jewish side.
(M) = Witness called by the Moslem side. Meeting
No.
Date. Witness
No.
21.. 2253trhd JJuunnee ,1 9139030 OOppeenniinngg SMpeeeetcihn go.f Jewish Counsel. 43.. 2286tthh JJuunnee,, 11993300,, pa..mm.. 11.. JJoosseepphh GGiivvaa GGoollddssmmiitthh ((JJ)).. 65.. 3300tthh JJuunnee,, 11993300,, pa..mm.. 32.. HZaiiomn SIoslsoamcohna r(oJf)f. (J). 7. 1st July, 1930, a.m. 54.. RRaibcbhia rAdb rHauhgahme sS c(hJo)r.r (J). 8. 1st July, 1930, p.m. 66.. CChhiieeff RRaabbbbii BBeenn ZZiioonn UUzziieell ((JJ)).. 9. 2nd July, 1930 78.. BEloiraihs u SMchoardtez c(aJi ).Eisenstein (J). 10. 3rd July, 1930 99.. RRaapphhaaeell BBeenn RRaahhaammiinn MMeeyyuuhhaass ((JJ)).. 1101.. CMhoaharlmeodt tNe aHsiubs sEafy f(eJn)d.i Beiter (M). 12. Mordecai Goldberg (J).
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11. 7th July, 1930 1134.. MSuazlaahhi mA lA mDiinn BBeeyy BOasjmaajni B(eMy)h.am (M). 1125.. HMaoirdm eZcauci kGeorlmadbn e(rJg )(.J) (resumed). 12. 8th July, 1930 1167.. DMaenvdidl e YHealcliohn e(n J)P.akover (J). 1189.. AZlubdeokr t BAabsrsaahn a(m J)M.osseri (J). 13. 9th July, 1930 2210.. AAbsrhaehra mS oJfaecro bF eBdrearwmearn ((JJ)).. 2223.. MSehairw kDi aBveidy SSahaodt l(aJn)d .(J). 2245.. MShierizak h BMeoy hRaamefdi AMal hGdhi uRnaefiim a EMl uTsahfkit a(zMa)n.i (M). 14. 10th July, 1930 2267.. JSaohlin m DSaaoluad mYaah sImisknai f(i M().M). 2289.. HJairsgsains DGahuudn eAilm (DMa)o.u (M). 3301.. IMbohraahmeidm AKafamenly AHiomntzay b(i M().M). 15. 14th July, 1930 3323.. LLoéouipos lHd eDidraeit s(sMa)i.re (M). 3345.. MNiocrdoelac adi e LSebiaminnoin ((JM)).. 3367.. AAbndtouil nKe aJhaosyaepr h MLoozlzaaks i(r M().M). 16. 15th July, 1930, a.m. 3389.. EIhmilaler iDonu bNoaics u(zMi )(.M). 4401.. MPirkohsapeilr HViiaerudo n(iMm)o.s (M). 4423.. EFrulmeges nKtiohuos uMl i(nMo)t.te (M). 17. 15th July, 1930, p.m. 4454.. JSahmeailk hE fIfsemnadiil HEufsfseenidnii H(aMf)a.z (M). 4446.. HSahelilakhl a IBseman iMl oEhaffmeedn dBi eHn aAfamrz i(nMo)m . ((M)r.esumed). 18. 16th July, 1930, a.m. 4487.. EY.u sKeefi tKhh-aRloialc hL a(hCl)a. (M). 4479.. SYhueseifk h KThawelfiil k Laeht lTa i(bMy )(. M().resumed). 19. 16th July, 1930, p.m. 5510.. HEuzszsaeti nD aTrawraazwenhy ((MM)).. 20. 17th July, 1930, a.m. C5l2o.s iRnigz as pTeeewcfhieks Pfaosrh at h(eM )J.ewish Side: DRar.b bMi . BElaliu.ash. 21. 17th July, 1930, p.m. CMlro.s iDnagv isdp eYeeclhl ionf. Ahmed Zaki Pasha. 2232.. 1198tthh JJuullyy,, 11993300 CClloossiinngg ssppeeeecchh ooff AMoouhnaim eBde yA lAib dPuals hHaa.di. CDlr.o sEilngi asshp.eech of Chairman.
APPENDIX III.
LIST OF EXHIBITS PRESENTED BY JEWISH COUNSEL.
1. Memorandum on the Western Wall submitted to the Special Commission of the League of
Nations, Jerusalem, June, 1930.
2. A collection of photographs of the Wailing Wall.
3. Three maps of the Warren Excavations.
4. A collection of Jewish Community Entry, etc., Books.
15.9t h MaAy ,d e1c9l3a0r,a taiboonu tb yw hMaits as hAe. hLaasn dsaeue,n Haeta dtmhies tWraelsls soifn cteh e1 8l9e9v.eling de Rothschild School, dated
16.92 0, aAd dlreetstseerd ftroo mR aMbabjio rK oBoakd,c occokn coefr nOicncgu poibesde rEvnaenmcye Toefr rDiiteo rryi gAhdtmsi noifs ttrhaet iwoonr,s hdiaptpeedr s2 2antd tMhaey ,Wall afnrdo m trtahen sIminstpteicngt ocr oopfy Aofn tileqtuitetir eas.ddressed to Military Governor of Jerusalem and a copy of report
57.68 1, aLbeotutte rt hfer oJme wMsr .p uCtutsitn go fu pt hbee nJcehreuss afloerm tGhoev eargneodr.ate to Rabbi Abraham Schorr, dated 9th Tamuz,
8. References to books to which the Jewish Memorandum refers, pages 62, 63.
9. Photographs of extracts from Jewish Community Entry Books.
10. Letter from Mr. Nurock, Assistant Private Secretary to the High Commissioner, to Rabbi
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Sfcohr omrer,n adandt edw o1m1ent.h August, 1920, concerning the provision of separate accommodation at the Wall
11. Notes of Chief Rabbi Uziel of Jaffa on Jewish Ritual.
1J2e.ru salLeemt,t edra tferdo m1 2tthhe ICyhaire,f 5R6a7b2b,i cMaolslhien gF rtahnekmo ttoo ntehgeo tRiaabtbei so no ft hteh es uAbsjhekcetn aozfi Community in the Wailing Wall.
1o3f. t he Lfeitltme rf rformo mt hMer .W aRlols.enberg to Professor Schatz, dated 30th November, 1911, about the date
14. Letter from Major Wainwright to Mr. Glasstein, dated 12th October, 1926, regarding
District Commissioner's order of 6th April, 1926.
1p5r.o hibiTtriaonns lraetgiaornd ifnrgo mt hHea cWhaelrlu.th 11th February, 1912, concerning the abolishment of the
1156.. Reproduction from L'Aurore of the 2nd February, 1912, about the same subject as exhibit No.
11875.8 . Copy of extract from the book Nach Jerusalem by Ludw. Aug. Frankl. Zweiter Teil, Leipzig,
1J8u.ly , 1E9v3i0d,e nacbeo ugti vwehna tb yh et hhea sR esve.e nW ialtl itahme MW.a lClh rsiisntciee 1b8e8f9o.re the British Magistrate at Haifa, 3rd
1t9o .J eruCsearlteimf ibceactaeu soef oDfr .i lClhnuerscsh.er, 3rd July, 1930, saying that the Rev. Christie could not come
20. The book mentioned in No. 17.
21. Declaration by the Rev. Slotki, 19th June, 1930, about what he saw at the Wall.
2w2i.th trAadnvselrattiisoenm einnttso rEenfgelrirsihn.g to evidence given by Mr. Zuckerman at the 11th Meeting. Hebrew,
1239.13 . Extract, translated into English, from the German yearbook Jerusalem, printed in Jerusalem,
1248.99 . Declaration by Isaac Snowman, Marseilles, 30th June, 1930, about what he saw at the Wall in
25. Original Karaite Prayer Book.
2R6a.bb is Pohfo tPoaglreaspthiince .copy of Firman issued by Sultan Abdul Hamid in 1889 concerning rights of Chief
27. Translation of certain points of the said Firman.
28. Photographic copy of the Firman issued by Sultan Abdul Hamid in 1893.
29. Notes on recent Moslem innovations at the Wailing Wall.
30. Copies of documents concerning an incident of 1912.
3a1c.ti vitDieecsl aarsa tCihoine fb yR aCbhbiie fo fR atbhbei THuarikmi sNha hEomupmi,r ed.ated Cairo, 15th July, 1930, concerning his
32. Translation of the Firman of 1889.
33. Translation of extract from the records of the Sharia Court about the Afdal Waqf.
34. Map of the Wailing Wall area.
35. Almanacco di Terra Santa, 1930, Gerusalemme, 1930.
LIST OF EXHIBITS PRESENTED BY MOSLEM COUNSEL.
1. Translation of extract from the records of the Sharia Court about the Afdal Waqf.
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2. Translation of extract from the records of the Sharia Court about the Abu Madian Waqf.
3i.n the TMroagnhsrlaabtii oqnu aorft ear .register number of the Sharia Court about a certain person's right to live
4. Translation of a document about the Abu Madian Waqf.
5. Extract from the minutes of the Shaw Commission; evidence given by Yusef Kives.
6i.ss ued Ttroa nIsblraathiiomn Poafs haa lceotntceerr nfirnogm tMhoeh aWmaeidl iSnhga rWiafl lt,o dtahtee dG o1v8e4r0n.or of Jerusalem about a decree
7p.ro hibiTtrianngs ltahtei oJne wosf ttoh ep ldaeccei scihoani rbsy, tehtec .A,d maitn itshter aWtailvle. Council of the Liwa of the year 1911
8. Photographic reproduction of the Turkish original of No. 7.
9. Copies of correspondence between the Supreme Moslem Council and the Government of Palestine before the publication of the White Paper of November, 1928.
10. Copies of correspondence between the Supreme Moslem Council and the Government of Palestine after the White Paper.
11. Copies of correspondence between the Supreme Moslem Council and the League of Nations.
1r2e.gu latCioopnise so fo f1 slte tOtcetrosb efrr,o m1 9t2h9e. Supreme Moslem Council to the Govern-ment of Palestine after the
13. Copy of extract from the book Egypte et Palestine by Emile Delmas. Paris, 1896.
M1i4l.l er,C oMpeyt zo,f 1e8x8t9r.act from the book Le premier pélerinage de vacances à Jérusalem by l'Abbé
1B5a.y eux,C o1p8y7 1o.f extract from the book Journal d'un pélerin de Terre-Sainte by l'Abbé Verrier,
16. Copy of extract from the book Voyage en Orient by Patrice Chauvierre, Tornai, 1883.
11972.3 . Copy of extract from the book A Palestine Notebook, 1918-1923, by C. R. Ashbee, London,
1L8o.nd on,C o1p8y9 3o.f extract from the book Jerusalem, translated from the German by Sophia Taylor,
19. A collection of photographs of the Wall.
20. Photographic reproductions of certain propaganda pictures.
21. Copy of extract from the Encyclopedia Britannica, about Zionism.
22. Copy of extract from the Jewish Encyclopedia, about Zionism.
2a3b.ou t tThhee WPaailleisntgi nWea lWle.ekly, Vol. XVII, No. 483, 9th August, 1929, containing several articles
2d4a.te d 7Ctohp yJ uonfe ,e x1t9r3a0c.t from despatch of Sir L. Bols to Occupied Enemy Territory Administration,
25. Photographic reproductions of certain propaganda pictures.
26. Copy of extract from Dallos' Répertoire pratique, about servitudes (22nd meeting).
APPENDIX IV.
Jerusal1e7mt,h J u l y , 1 9 3 0 .
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Sir,
E xcelleIn caym tdhier eOcftfeidc ebry Atdhmei nCihsatierrmianng otfh e thGeo veWranimleinntg, Wtahlalt Ciotm miisss iaonnt itcoi parteeqdu estth aty out het o siitntfionrgms Hoifs athree tChoemrmeifsosrieo n arirna ntghiinsg ctoou nlterayv ew iJlelr ubsea lceomm polne tSeadt uornd aFyr,i dtahye, 1t9hteh 1o8ft hJ uolfy ,J uelny .r o utTeh e foCro mPmoirsts ioSnaeirds, where they will embark on the s.s. Orvieto.
s erviceBse froerned erleeda vbiyn gt hPea lsetsatfifn ew hitchhe hCaosm mbiesesni oantetrasc hewdo utlod tlhiekme dtuor inbgr itnhge itro ennqoutiircye. the excellent
e xaminaTthieo n,i nat etrapsrke twahtiicohn porfe vetnhtee d ecvoindseindceer abolfe dwiiftfniecsusletsy eusnpdeecri alcllyo sei n evxiaemwi noaft itohne coorn dictrioosnss- audndmeirr abwlhei cehx petdhiee nCcoym mbiys stihoen twhoa so fbfeiecni alw oirnktienrgp,r ehtaesr s boefe nt hed isGcohvaerrgnemde ntw,i tMhr . gIr.e atA . eAfbfbiacdiye nacnyd aMnrd. W. Shaftari.
w ho weTrhee pCloamcmeids siaotn twhoeuilrd adlissop oslailk e btyo tmheen tiPoanl etshtei ngeo oGdo vseerrnvmiecnets, reMnrd.e rAe.d bAyn ttihpep a staenndo grMarp.h eVr.s Evaolssuimilinaonu.s eOvni detnhcees e brgoeungthlte mbeenf orhea s thfea lCloemnm istshieo nb,u rad etna sko f thtaatl ktihnegy dhoawvne dainsdc htarragnesdc rwiibtihn gg rtehaet energy, working for long hours.
c orrespTohned enocreg anhiassa tiboene n ofu ndtehret akoefnf icbey aMnrd. tMhaer rroeugmi,s trwahtoi owna sa npdl adceesdp aattc h tohfe tdhies poCsoamlm isosfi otnh'es Cinomtemillsisgieonn ceb,y entehreg y Daenpdu teyf fDiicsiterniccyt. Commissioner's office. He has discharged his duties with
t heir sCtoaryp oirna lt hCihsr icsotuinet royf. thHee hBarsi taicsthe dP oalsi clea shhaesr biene nt hea tEtnaqcuhierdy tRoo otmh ea ndC omhmaiss saicocno mptahnrioeudg htohuet CCoommmmiissssiioonn . on their tours. He has discharged his duties to the entire satisfaction of the
s erviceTsh eo fC otmhmei sasbioovnee-rmse ntwioounledd boef foibcliiaglesd. if notes of their remarks could be in the records of
n umerouTsh e tot harnekcso uonft thheer eC,o mfmoirs sitohne aarrer aanlgseom ednutes twoh iocfhf iwceirael s moafd e thfeo rP atlhees ticnoen vGeonvieernncmee notf, ttohoe Caopmpmreicsisaiotende rss.e rv iIc easm reesnpdeecrieadl lbyy dMirr.e cMtaexd Ntuor omcekn toifo nt hteh eS eecxrceetlalreinatt ,a n-dw,h ob yh ast hea ctCeodm miasss iOofnf,i ciheirg hldye Liaison between the Commission and the Government.
e xpressFiionna lolfy ,t hIa nkasm odni rbeechtaeldf toof rtehqeu eCsotm myiosus iotno fboer gtohoed heenlopu gwhh itcoh tphree sveanrti otuos Hdiesp aErxtcmeelnltesn coyf tthhee Pgarelaest tivanel ueG otvoe rtnhmeemn.t have given to the Commission on different occasions and which have proved of
I am, etc.,
STIG SAHLIN,
Secretary of the Commission,
E. Mills, Esq., O.B.E.,
Acting Chief Secretary,
Government of Palestine, Jerusalem
APPENDIX VI.
MOSLEM EXHIBIT NO. 6.
(Translation )
FNoo.l i3o 9.368.
To the Pride of honourable men, the highly respected Ahmad Agha
Duzdar, Governor of the City of Jerusalem.
A ugust WKeh eadriev iailn Irreacdeai pits soufe da nt o oHridse r Exfcreolml etnhcey ,S*u ptroe mteh eM ielfifteacrty thCaotm mawnhde,r eaesn cilto shiansg cao mceo ptyo olfi ghatn afproplm iead ctoop yp aovfe imsi ncuotnetsi goufo utsh ew iMtahj ltehse wSahlulr aotf t hoef HaJrearmu sAall-eSmh atrhiaft atnhde tahree at etwhheircihn gt hpel aJceew so f haalv-e Bpurregc ed eanntd foirs tchoen tJaeiwnse dc arirny itnhge oWuatq fa nyo fs uAcbhu reMpiadiirasn i(no ft hhaotl ya remae mionr yt)h;e apnads tw;h earneda sw hetrheearse iits hnaos btehee n Jeeswtsa bmluissth endo tt hbaet einta bwloeudl dt ob ec airnrayd moiusts ibtlhee upnadveirn gt,h ea nSdh atrh'eiy Lmauws t( fboer ctahuetmi otnoe dd oa gsaoi)n;s tt hreariesfionrge tpheerimri ttveodi ctehse m ainsd tdoi sppalya yviinsgi tst hteoi ri tb oaosk so f (oolrd .utterances) and (informed) that all that may be
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I rada, Aa nSdu pirne maec cMoirldiatnacrey tOhredreerw ihtahs wbee ecno mimsusnuiecda tteo iutss tAou gtuaskte saucbtsitoann cei n toa cycoour,d anscoe twhiatth otnh er eacbeoivpet of it you shall take steps to enforce it. So take note.
(SEAL) MUHAMMAD SHARIF. 24th Ramadan 1256. _____________ (i.e. 1840 A.D.)
APPENDIX VII.
JEWISH EXHIBIT No. 32.
ENGLISH TRANSLATION OF THE FIRMAN 1311.
TThueg hNrao bloef , tGhel oErimopeurs,o r,a nCd oSnqubuelirmoer Iofm pethrei aWl oFrildr.man, and the Brilliant
a ppliedW hbeyr eaa sm etmhoer aancdtuimn gs aCyhiinegf tRhaabtb iunpaotne tohfe Coocncsutrarnetnicneo polfe t(hlei tdeeraatlhl yo:f mMye iGra tPea noifg elF elEifcfietnyd)i whhaos hwaiss tphlea cCeh iaenfd Rtahbabti i(nHaashmaumcbha sahsi )t hoifs Jehroulsdaelre mo fi tm yw aIsm pneercieasls aBrrye vteot ,a pYpaocion tS hsaoomuel sEuliytaasbhlaer peErfsfoenn dii,n boenei ngo f ctahpea bslueb joefc tasd moifn imsyt eSruibnlgi mer eElmipgiiroeu sa nadf foanier so,f mtyh eG lloorciaolu ss piBrrietvueatl choenatdasi,n ihnags hbiese na peploeicnttemde nats Jmausy tibcee giavnedn , Caunldt st,h eI mahtatveer hgaisv ena lstoh ibse enm yn oItmipfeireida la ndB rceovmemtu niwciatthe dt hbey Oiunrs eMritniiosnt royf oft hAef faainrcsi eonft acbonodvei-timeonnst ioannedd IC hhiaevfe Roarbdbeirneadt et hoaft Jtehreu saafloerme,s atihda tY aicno tShhea opulla cEelsy awsihtahri nE ftfheen dij ursihsadlilc taidomni niosft e(rl itth.e: acopnpegrretagaintiinogn s taon,d oarl:l doetpheenrd ennott abolne)s hainsd Cchoimemfo n Rpaebobpilnea te( litth.e: Rbaibgb isa nda nsdm altlh)e ohfe adtsh e oJfe witshhe chioms muCnhiiteyf sRhaablbli naktneo w shtahlel aabpopvley- metnot ihoinme da nads tChheiye fs hRaalblb in ootv ecro ntthreamv enaen dh iisn wtohredi rw haifcfha iirss rriegghatr dianngd rthietey s.s h aAlnld dwoh etrheeaisr tuhtem oasbto vwei-tmhe ntrieognaerdd Cthoi eofb eRdaibebnic ed oaensd nsoutb moipspsoisoen toh itmh ei nr iatcucaolr doafn cTeh owriat hr etahdeiinrg (noobr:o dyT hoorpap ossetsu dyt)o btehien gr iptruaaclt,i ceetdc .i,n ihni st hheo uhsoeu soer o(fl itth.e: aabnodv)e -mienn toitohneerd hCohuiseefs , Ra(bobri: oArn d inW heortehaesr choonusteras)r y tthoe rteh es hSaalclr ebde Shnaor im oLlaews taantdi owni tahnodu t inajnuys triicgeh t (oirn:t erofpeprriensgs iwoint)h otnh etihre woprasrhti popfi ngo f(fliicte.r:s aths e "Yporua catriec ew oorfs htihpepiirn gr i(tluiatl.): wpirtahc ttihcei nogn lryi tupaulrsp)o sei n oyfo uarn nporyiivnagt ea npdr oopfe rgteyt tdiwnegl lmionngesy abnyd pyroeut erxetasd o(fsftiucdeyr)s tahned Tohfofriac iaalnsd mhaakvien g hainngsepde ctsicornese nosf arnedg isctarnadtlieosn"s. a ndA ndo rdtehresr e( osrh:a lrle gibset eorni ngt hoer dpearrst aonfd diensspteicnetdi onasb) anntoi quoop prteos stihoen satiod, Caonmdm unniot yi;m ptohseistei osnh alolf rfeimnaeisn (ulpiotn.,: tbhee) isny ntahgeoigru esp osasneds sisocnh ooalnsd uinmdperro vetmheenitrs comnatdreo lw.i t hA ntdh en op eorumtissisdieorn sohfa ltlh ei nSthearrfie raeu tahnodr imteyd.d le Awnidt ht htehreei rs hraelpla ibres naon dm esdtdrluicntgu rbayl awhnoomthseoer,v era ndw itthh eyt h(ei .ceh.a,t ttehless e( otrh:i ntghsi)n gssh)a lolf ntohte ibre ssyunfafgeorgeude st oa nbde tthaekiern sacnhdo oslesi zfeodr atsh ea dpelbetd goef, Sahnad rii fa ubtyh osroimtey maenadn sh anodre do tohveerr tthoe yw hhoamv et hbeeye nb eltoankge n( ltihte.y: sthoa ltlh ebier pclaaucseesd) .t o Abned rwehteunr ntehde bayb ovteh-e imen ntaicocnoerdd aCnhciee fw iRtahb bit hoeri r hirsi tseusb sbteittwueteens wthwoom dhies pmuatyi n(gl iJte.w:s wwiiltlh) atphpeo icnotn soenn th iosf bebhoatlhf pmaarktei epse aicne amacctoterdras ncoef wictohn trtahcetiirn gr itae sm,a rarnida gweh eonr thdeiys saodlmviinnigs tae r mianr ritahgeei r assy nwaeglolg ueass ainn oaotthh eirn maactctoerrdsa ncien aw itmha tttheeri,r arlistoe sw,i tahs mraeyg abred nteoc etshseairry , p(aopre:r sa sf oorc ctahsei onr ermeoqvuailr easn)d fboarn itshhem epnutr,p osaes orfe qiunivreesdt ibgya ttihneg rthiet esp,a rotf ocfe rtthaei nj uadcgceuss ed(," Ktahdeirse" ) shaanldl jbued gneos -isnutbesrtfietruetnecse (o"rN aoipbpsr"e)s soifo nt hceo ntSrhaarryi tLoa wo lodr caunsyt oomt,h eorn kpenorswloen,d gea nda ndt hepye rsmhiaslsli onn oto fb et hmea daef osruebsjaeicdt Cthoi eafn yR aibmbpio soirt i(olni ta.n:d afnidn)e hwihsa tssuobesvteirt.u tAensd, wtihteh ouRta bbtihse awhreo naorte aulnldoewre dh iasc cjourrdiisndgi cttoi otnh e(iorr :r iptreost,e catnido ni)f sah amlelm bneort (pleirtf.o:r ms otmheeb ocdeyr)e moofn yt hoef Jmeawrirsiha gCeosm mwuhniicthy ainndt entdos gtoo tmoa rortyh ear wpolmaacne so ra nddi vhoarvcee iat wpoemrafno romre dt ot htearkee, at hweoym asnh amlolr en o(tl icta.r:r ya owuotm aann du popne rfao rwmo mtahne) cienfrelmueonncy e o(fl imta.r:r ipaogwee ra,s floorntgu naes) tshhearlel inso t noc onpsetrrmaiisns itohne iorf Rtahbeb iasf oirne scaoindt rCahvieenft iRoanb boif, tahnedi rm erni toefs btyh eisra yRianbgb i"sm ankoet tthoe bmuarryr i(algiet .:c elriefmto nuyp )o ft hteh iJse wwso mwahno tdoi edt hwihsi lJee wa"c.t i ngA nidn acso ntthreaivre nrtiitoens ofr etqhueiirre criontesst,r aitnhte a"nKda diisn"j,u s"tNiacieb sb"y, soafyfiincge rtso otrh eo thRearb biisn fl"uYeonut isahla l(lo rl:i fpto wuepr"f.u l) Apnedr swointsh srheaglalr dn otto matkhee etahetarbe lessh alaln db eb envoe riamgpeoss iotfi otnh eb ys aaindy pReerlsiogni ouwsh o Ciosm muunniatuyt hoirni zceodn n(eocrt:i ownh ow imtehd d"lKeass hienr "a fafnadi rs" Twahriecfh" hdaop pneonts rtehgaatr dt hhei ma)f orseu-csha iads C"hYioeuf Rsahbablil csoamye st hfiosr ai sc e'rTtaarienf 'a fafnadi r tthoa t Coinss t'aKnatsihneorp'l.e" ( liAtn.d: itfo imty Shiubs lipmlea cPeo.r t )A ntdh etrhee sahgaelnlt iann dn om ewna yw hboem atnhye inatfeorrfeesraeindc eC hwiietfh Rhaibsb is uwbisltli tsuetned wfhoorm thhee mcaoyl laepcptoiionnt oofn dfirescsas l in( oorr:d eGro vteor npmaesnst )i nt atxhees bsehsatl lm abnen egri vtehnr oau gghu itdhee, palnadc ewsh ewnh etrhee yt hweiyl lt rcahvaenlg,e atnhde iwrh egna rtmheenyt wainldl ctaherirry sweoaulpos)n s f(rloim t.b:a ndiinstst,r umtehnetrse osfh alwla r)b e inn o oridnetre rfteor ernecpee l anmdi scohpipeofs itainodn toon stahvee ptahretm seolfv eosf f(ilciita.l:s aanndy thoifnfgi cewrhsa,t soaenvde rt huenyd esrh altlh e nodte nobmei nmaotlieosnt eodf coan tprraersye ntto otrh e( lSiatc.r:e da nSdh)a rrie vLeanwu eb.y tAhned diefm antdh eroef asrubissetis tuatneys calnadi m mewnh atisno evceorn neocft itohne waiftohr estahied SCahcireefd RSahbabrii aLnadw ,t hei t otshhearl l Rabbeb isr efaenrdr etdh eitro Cheo nssthaanltli nboep les.o dAentda iwnheedn tah rRoaubgbhi thhaes mteoa nbse doeft atihnee da fwoirtehs atihde Cpheiremfi ssRiaobnb io.f tAhned Shtahreiy asuhtahlolr intoyt,
convert (lit.: make) by force a Jew into a Moslem without his consent. And the Jewish Community
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gshiavel)l tnhoet fbies csaulf f(eorre:d Gtoov errenfmuesnet )( ltiatx.e:s ttoh eb ep ayombesntti noaft ew)h iocrh (ilsi ty.e:a ralnyd )i ntcou mhbeesnitt autpeo nt ot hpeamy a(nldi tt.h:e crehaverintuey omfo ntehyes Cahnide ft hRea bbtianxaetse .a n dA nedx pwehnedni ttuhree sa foofr estahied cCahsihe fw hRiacbhb i iso r chailsl eds ub"sGtaibteultleas" wahnidc h thhee hmaory seasp paonidn ta noyn ohtihse rb ethhailnfg wwihlilc ht atkhee aRnadb bsiesi zdey infgo rw itthheo uGto vheerinrmse nmta yt hbee cphoaststeeslsse da nodf ,m o ntehyesr eo rs htahlel bceh arngoe di nwtietrhf etrheen cdei sotnr itbhuet ipoanr to fo ft hteh ee sTtraetaes uorfy ao rd e(cleiats.e:d apnedr)s otnh et o "Kiatsss ahme ir(sS)h aroir M(olsilte.m: aonfdf)i citahle "gemnuetaraval llainsd" sp(eAcdimailn is'tDreafttoerrs ,H akTarnuis't e(eIsm)p earnida lo tRheegri spteeorp)l ea s sraeyvienngu:e "fIotr huass" .b e eAnn di nistc rsihbaeldl inno t tbhee sthufifneg reodf tthhoaste pwohsos ehsasvieo nh ebier st,a k eAnn do fw h(altietv.e:r dae cheaansde db eR apbubti s onm)a y tshhea vmeo nbeeyqsu eoart hoetdh eirn ppruorpseuratnyc e aonfd (thleiit.r : owanc creiptteesd )f oarn dt hsehiarl ls ybnea ghoegaureds ,b yt htehier pSohoarr,i oaru t(hloirti.t:y afnrdo)m t(hleiitr. :C hwiietfh )R aJbebwiiss hs hwailtln ebses evsa loifd tthhee ira foowrne saRiedl ig(icooumsm uCnoimtmyu nairtey piunn icsohnefdo r(moirt:y rweiptrhi mtahnedierd )r iitne sa cacnodr draunlcees .w i tAhn dt hwehiern rsiotmees puepoopnl e thoef boec cunror einnctee roffe rae nfcaeu lotn itnh ec opnatrrta voefn ttihoen coofu rtiheerisr orri tesso,l dnioebroyd yw ietlhs et hseh ahlolr smeesd dolre .m u lAensd wthhiecrhe hseh aolrl hsiufs femreend rtiod e.b e mAonlde sttheed abfyo ressoaliddi erCyh ieofr Roatbhbeir sa nbdy tihmep ohseiandgs loofd gitnhge iro nC otnhger ehgoautsieosn s ins hawlhli chn ott hebye dowfe lld.e vo tAinodn atlh ervei ssihtasl l abned inp inlog rwiamya gaen y siinttueartfeedr enicne wtihteh tphleaicre ss yn(aogro:g uelso caanldi twiietsh) thweiitrh inp latchees cjeurreimsdoincietis ono f otfh e( lpirta.c:t icaep peorft atihneiinrg rittou,a lo rb:y dperpeetnedxetnst saoyni)n gh i"sY oCuh imeufs t Rlaibfbti niutpe (baunrdy )w iytohu r tdheeaidr ptohsisse swsaiyo,n yoofu amnuds th olpdr atyh e( osra:i dr epaods)t tohfa tC hiweafy "R aabnbdi i(nl itn.o: otthhee rs amiadn nCehri ewfh aRtaebvbeirn.a te )H ea cschoarldli ngt akteo twhhae tsroeeqvueirr eamnedn tfso ro fa nyt her eacsoonnd iwthiaotnsso eovfe r tihnitse rMfye reS uabnldi mem akBer eivnejtu,s taincde inno bcoodnyt rsahdailclt ioinn waintyh iwtasy conditions and obligations.
a nd thrWerei thtuennd roend atnhde tfhiofutsha ndda)y Ao.fH .the month of Muharram Alharam of the year 1311 (lit.: eleven
In the Residence of Constantinople the safeguarded, the protected.
On the reverse:
The High Brevet of the Chief Rabbinate of Jerusalem.
Registered textually in the Archives Office of Jerusalem 5th August, 1309 (Financial year).
y ear). Inscribed in the Register of the Shari Court of Jerusalem 16th August, 1309 (Financial
(SEAL) MUSSA SHAFIK.
_______________
* i.e., the Commander-in-Chief, Ibrahim Pasha.
Representative Council.
ascensi o n, andT hweh ilcehg ewnadsa,r ya csctoereddi nwgh itcoh Mioss lbeeml ileevgeedn dt,o theatvhee rbeodr nbey tthhee PArnogpehle tG aobnr iheils amti raa csuplootus adjoining the Wailing Wall.
APPENDIX VIII.
MOSLEM EXHIBIT No. 7.
COPY OF TUHNED EDRE CNIOS.I O1N6 8P0A SOSFE DT HBEY 1T2HTEH MOAFJ LNEOSV EIMDBAERRA,H *1 3O2F7 .T+HE LIWA,
h as filTehde aM upteatwiatliloin* *s toaft intgh et hAawta ktahfe omfe mAbbeur sM eodfi atnh e AlJ-eGwhiosthh CoSmhmuuaniibt,y mwahyo sGeo dp rsaacntcitcief yw ahsi st o mveimsoirty,, Wwehisltee rns tsainddei ngo f upt heo n Hatrhaemi r Alf-eSehta,r itfh§e opfl aJceer ucsaallleemd, "hBauvrianqg" cwohnitcrha ryp latcoe uissa ges,i tusattaerdt edo utlsaitdeel y thteo abbrionveg -mcehnatiirosn etdo Aswikta fo n anddu ricnogn stthietiurt iVnigs iat ,p rainvda tteh eb lsianidd a"lBluerya q("c uble-idneg- saa cp)r,o paenrdt yr ebqeuleosntgeidn gt htaot tihne order to avoid a future claim of ownership, the present state of affairs be stopped as from now.
S har'iaU pCoonu rttr*a*n*s msitsastieodn ino f thtehier paentniottiaotni,o nHsi st heErmeionne ntchea tt hteh eM usfatiid, Wtahqef bAewiknagf sDietpuaarttemde nwti tahnidn tthhee Mbluisandq qaaflalte¶y a(dcjuoli-ndien-gs act)h,e iwsa llo neo f oft het hei llluamniensa tbeedl oAnqgsian g Motsoq uteh eo ns aiitds WWaeqsft, stihdaet aintd isc onisntaidtmuitsisnigb lea biny noLvaawt iionn alble rmeasdpee ctwsh icthh atm atyh erien dischaotuel d obwen eprlsahciepd; cthhaaitr s,n osbcordeye no,w nasn d tshiem irliagrh ta rttioc lpelsa,c eo r sauncyh articles, or to make innovations as to occupy the site of the wall of the Noble Aqsa Mosque; and
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that steps should be taken for their prevention.
t he raiAdf tWearq fd,e loirb earta ttihoen bWya llt heo fC otuhnec iHla riatm hAals- Sbheaerni fd§e ciitd eids tnhoatt pienr mtihses icbilrec utmhsatta ntcheesr,e wshheotuhledr bien asructhi claerst iccloenss;i daenrde d thaast iintd iicsa tfioounnsd onfe coewsnsearrsyh itpo; ptrheaste rnvoeb otdhye sohlodu lpdr acbtei cgei.v e nT hae cahbaonvcee mteon tipolnaecde petition together with its enclosures is remitted to H.E. The Governor, for necessary action.
(True copy of the original registered in the Awkaf Book).
(SEAL) Directorate of the Awakaf of Jerusalem.
_ ______ _______ ______ AAREF HIKMAT.
** * Administrative Council. *** Trustee or guardian. Moslem Religious Court.
+ 1911, A.D.
§ Holy Sanctuary Building.
¶ Buildings. __________
APPENDIX X.
INSTRUCTIONS IN REGARD TO THE USE OF THE WESTERN
(WAILING) WALL OF THE HARAM-AL-SHARIF, JERUSALEM.
(herein1a.f ter cAaclcleesds "Tthoe Wtahlel W"a)l,l .fTohre puJrepwoss ess hoafl lp rahyaevre anadc cdeesvso titoon tahte alWle sttiemrens . (Wailing) Wall
Wall a 2s.t and coAnptpauirntiennga nrcietsu aolf lWaomrpssh,i pa.n(da )m aTyh ep lJaecwes onm ayt heb rsitnagn dd aai lzyi ntco ctahsee pwaivtehm egnlta sbse fdooroer s tihne aw hisctha nsdu.c h Nloanmep so fa rteh el iogbhjteecdt.s aTbhoevye mmaeyn tbiroinnegd aslhsaol la bpeo ratfafbilxee dw atsoh -tbhaes iWna laln do ra twoa taenry cwoanltla ionfe r thoen adjoining wakf buildings.
any Jew(ibs)h holFyr-odma ys urnesceotg noinz eFdr ibdya yG oveevrennmienngt ,t ot oS usnusneste to no fS atthuartd ahyo,l ya ndda y ftrhoem Jseuwnss emta yo np ltahcee eavte tohfe Ntaobrlteh eronn wehnidc ho ft ot hset aWnadl la ac asbtiannedt coorn taarikn icnogn tparianyienrg bSocorkosl,l s anodf tahte tLhaew Saonudt haenront heenrd toafb lteh eo nW awlhli cah tthhee eSncdr oolfl st haer eS albabiadt hf oorr rHeoaldyi-ndga.y aTsh et htea bclaesse amnady cbaeb.inet or ark and the stand shall be removed at
worship(pce)r mayO n btrhien gt wao phroalyye rd amyast owfh itchhe mNaeyw Ybeea rp lFaecsetdi voanl tahned poanv etmheen tD ayb eoffo rAet otnheem eWnatl le abcuht Jseow isahs not to obstruct the right of passage along the pavement.
those s(edt) out Tihne tdhiem eSncshieodnusl eo ft heearceht oo.f the objects specified in this instruction shall not exceed
(e) Save as provided in this instruction no appurtenances of worship shall be brought to the Wall, and no carpet or matting shall be placed on the pavement before the Wall.
to or p3l.a ced oPnr othhieb iptaivoenm eonft Bbeenfcohrees ,t hSec rWeaeinlsi,n ge tWca.l l .N o Nboe nscchreese,n cohra icrusr toari ns tsohoallsl sbhea lpll abcee d borno utghhet Wall or on the pavement, for the purpose of separating men and women or for any other purpose.
8 a.m. 4a.n d 1 Ppr.omh.i boint iSoanb boaft hd rdiavyisn ga nadn iJmeawliss ha th ocleyr-tdaaiyns hroeucrosg nailzoendg bpya vtehmee nGto.v eBrentmweenetn, tahned hobuertsw eeonf stahev e hboeutrwse eonf t5h ea nhdo u8r sp .omf. daownn tahned e7v ea .omf. ,s uncoh adnaiymsa,l asnhda llt hbreo udgrhiovuetn tahleo negv et haen dp aDvaeym eonft Abteofnoermee ntth,e Wall.
access 5f.r om thDeo opra vaetm eSnotu tthoe rtnh ee nZda woife hW aaltl tthoe bSeo ultohcekrend eantd coefr ttahien Whaolulr ss.h a lTlh er ewmoaoidne nl ocdkoeodr ogni vtihneg esuvce h odfa ytsh eu nStaiblb aatfht earn ds unJseewti.sh holy-days recognized by the Government from 5 p.m. and throughout
_______
Schedule.
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DIMENSIONS OF OBJECTS IN CENTIMETRES.
Height. Width. Depth.
SZtianncd cfaosre r(iTtwuoa lc hliammnpesys thereto 12 cm. high) 8533 19280 3702 PSeomrit-abciler cWualashr -swatatendr container* 2869 2400+ 2303 STatablnde cfoonr tAairkning books 8826 5503 2456 ATarbkle for scrolls 19042 5907 3704 P__r_a_y_e_r __m_a_t_–L__e_n_g_th 125 cm., breadth 50 cm.
* The total height of the stand and container shall not exceed 160 cm.
+ At back.
APPENDIX XI.
JEWISH EXHIBIT No. 29.
NOTE ON RECENT MOSLEM INNOVATIONS AT THE WAILING WALL.
Submitted to the Special Wailing Wall Commission by Counsel for the
Jewish Side.
the fol1l.o wing:The innovations to which further reference will be made in succeeding paragraphs are
(a) A new structure erected above the northern end of the Wall.
(b) The conversion of a house at the southern end of the pavement into a Zawiyah.
(c) The calling of the Muezzin.
(d) The Zikr.
pavemen(te )v ia tThhee Zeaswtiaybalhi.shment of a through connection from the Mughrabi Gate of the Haram to the
invited2 .b y youWre Hdoon onuorta blper oCpoomsmei stsoi onc atlol deov isdoe.n c eT haes ftaoc tst haersee pbaetienngt , itnhneoyv athiaovnes ,b eeunn leesstsa bwlei shaerde by the Shaw Report,* and are supported by sworn evidence heard by the Shaw Commission.
Thus, on page 33 of the Report, after describing the new structure above the Wall (item (a)
isnt rupcatruarger aapsh a1n) itnhneo vaCtoimomni.s s iTohne ssep e"afkusr tohfe r "fiunrntohveart ioinnsn,o"v arteifoenrsr,e"d tthoe raesb ys ucchha rianc ttehrei zSihnagw tRheep ornte,w aa reh–oisnp itchee aonrdd etrh etnh eirnet om ean tZiaownieyda–ht h(ei tceomn v(ebr)s iaobno voef) ;a thhoeu scea lilni ntgh eo fv itchien iMtuye zozfi nt h(ei tWeaml l (cf)i rsatb ovien)t;o 3a9n d oafs tthoe tShhea wZ iRkerp–oerutp haesm i"satni cailnlnyo vraetfieornr eedv etno maosr et hree c"epnlta ytihnagn owfa sm ustihce" –ctahlilsi nigs odfe stchrei bMeude zozni np atgoe prayer."
p avemenTth a(ta s tah er eessutlatb loifs htmheen tc onosft rau cttihoonr ooufg htfhaer en efwr odmo ort)h ew aMsu gahnr aibnin ovGaattieo no,f ist hael sHoa reasmt abtloi shtehde bsty attehse "'agte otghrea pthiimcea lt od ewshcircihp ttihoen eoafr ltyh ep alrotc aolfi ttyh eo nn arpraagtei v2e8 ionf tthhies Schhaawp tCeorm mrieslsaitoens ,R etphoerrte, wwahsi cnho direct access from the Mughrabi Gate to the pavement in front of the Wall," (item (e) above).
s eparatIenl yt.he following paragraphs the various items referred to in paragraph 1 will be considered
observe3d. on 1T5hteh NOecwt obSetrr,u c1t9u2r8e, awbhoevne itth e waNso ritmhmeerdni aEtnedl yo fb rotuhgeh tW atlol . th eT haitst ensttirounc tuorfe twhaes Defpiurtsyt Daillsotrweicd t tCoo mpmrioscseieodn.e r bOyn th1e8 tJhe wOicstho bAeurt htohriist ierse,q uwehsot ewxapsr esosfefdi ctihael lhyo pseu btmhiattt etdh ei nw orwkr iwtoiunlgd tnoo tt hbee Officer Administering the Government.
t hat thOen Mtohsel ebmass iwse reo fw iatnh ionp itnhieoinr frriogmh ttsh ei nL acwo mpOlfeftiicnegr s thoifs tshter uCcrtouwrne .i t Twhaiss soupbisneiqoune nitsl yq uodteecdi diend ar ealdest taesr fforlolmo wtsh:e Chief Secretary of 13th June, 1929, addressed to the Zionist Executive which
o pinion" Hoifs tEhxec eLlalwe nOcfyf ihcaesr sn ouwp orne cceeirvteadi nf rqoume stthieo nSse ctrheatta rwye roef rSatiasteed .a despatch communicating the
n orth oWfi tthh er eWgaairldi ntgo Wtahlel , hetihgeh tLeanwi nOgf fibcye rt hoef atuhteh oCrriotwine sh aovfe ag ipvoernt itohne iorf otphien iHoanr atmh aWta lilt tios ntohte aanu thionrfirtiinegse mteon t coonfs tJreuwcits ha rbiugihltdsi,n ga sw hsiacfhe gaulatredreedd btyh eA ratpipcelaer a1n3c eosf otfh et hMea nWdeasttee,r nf oWra llt,h e buMto sldeimd nwaost oifn tsruucdhe au pcohna rtahcet etrr aadsi ttioo nbael ofrfiegnhstisv eo ft ot hJee wJieswhs retloi gpiroauys aste ntthiem eWnatlsl.," unless the building
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a ssociaTthiiosn si sc aan pbuer eallyt elreegda liins taipcp ecaornacnecpet,i ont,o tlhoantg aa sh itshteo railctaelr arteiloing i"oiuss nmootn uomfefnetn soifv es utcoh sJaecwriesdh irtesleilgfi,o uasn ds ewnet ismuebnmti.t" t hIatt hiotl dssh oouultd bpeo ssseitb ialsiitdiee sb yf oyro ufru rHtohneoru rsatbrluec tCuormamli saslitoenr.ations in the Wall
to the 4M.u fti Tohfe JZearwuisyaalhe.m , qWuiotthe dr eogna rdp agteo 3t7h e ofZ awtihyea hS,h atwh eC oCmhmiiesfs ioSne crReetpaorryt',s slteattteedr tohfe 1f1otlhl owJiunnge on the basis of the opinion of the Law Officers of the Crown.
g reater" Idni stthuer bLaanwc eO ftfhiacne rhsa's oopcicnuirorne dt hien Jtehwes apraes te,n toirt lmeady tboe cionnedvuictta btlhee ibry wroerasshoinps woift hocuhta nagneys Zianw ityhaeh hraebsiutlst so fi nt hteh e poopbusleartviaonnc e ooff JMeorsulseaml ermi toers oitnh etrhwei sper.e s enIcfe tohfe Jeerweicsthi owno rosfh itphpee rsp,r oopro seidn Jaen wiisnhc uwrosrisohni pb ys o Maoss letmos caiunsteo stohmee pgleancueisn e wahnenroey atnhcee Joerw sd isptruaryb adnucrei,n gt hitsh e wocuulsdt obmea rrye gtairmdeesd oafs an interference with existing rights."
s tructuIrta l schhoaunlgde sb ea nndo toefd ditrheactt wihnitleer fetrheen cPea lweistthi nJee wGiosvhe rwnomresnhti p,t hnuos adtetaelmtp tw iwtahs mtahdee mtaot tgerrasp polfe dweistch ritbheed pirno bltehme cSahuaswe dR ebpyo rtth)e tdoe leisbtearbalties hm ewahsautr ewsa si ncilteiaartleyd ibnyt etnhdee dM otsol ebme cAoumteh oar iMtoiselse m( apnlda cfeu lolfy cwoonrsshtiipt utoend tthhee ewsessetnetrina ls icdhea roafc tetrh eo fW atlhle aidnjnooivnaitnigo nst,h ea nJde wiits hw apsl afcreo m oft hipsr apyoeirn.t oTfh ivsi ewi ndteheadt sthoeu rcien noovfa tiinotnesr -wreerlei gviioeuwse dc owniftlhi cgtr.a v eW hciolnscte rtnh eb y Butrhaeq Jetwriasdhi tiAount hoirsi tuinedso uabst ecdrleya tainn go lad poontee,n titahle nsaenw,c tiafnidc autnitoinl byq uMiotsel ermesc eonft ltyh e tWhees theoruns ef acweh iocfh thhaes Wbaelclo mien tthhee rZeagwiioyna ho f htahde bZeaewni yathr eiast eedn taisr ealny ordinary dwelling house, with a stable for a donkey and lavatory quite close to the Wall itself.
before 5t.h e esTthaeb lMiusehzmzeinnt. ofT het hcea lZlaiwnigy aohf. th eI nM uetzhzei ns awmaes mfoinrtsht opbrseesrevnetda tliaotnes iwne rNeo vmeamdbee r,t o1 9t2h8e, Government, urging that this involved a fundamental departure from the status quo.
s ide waTsh ea Gcoovmeprlnemteen t innenvoevra tdiiosnp,u tbeudt tthhee Jperwaicsthi cceo nwtaesn tiaolnl owtehda t ttoh ec ocnatlilniuneg toof tthhee gMrueeaztz ina nanto yatnhcies Sahnad w diCsotmumribsasnicoen , oft ooJke wipslha cew orfsihviep pteirmse sp raa yidnagy . du rOinn gp atghee 7M4u,e zzainnd caaglalisn wohni cpha,g ea s7 5s toaft edt heb y Shtahwe Raennpoory t,t het hJeerwes .i"s a definite finding that the calling by the Muezzin was "primarily designed to
begun i6n. May,T h1e9 2Z9i,k ra.s Tshtea tepde rfoonr mpaangcee 3o9f tohfe tZhiek rR eipno rtth eo fv itchien itSyh aowf Ctohmem iWsaslilo nw,a sa nadn tihnen oJveawtiisohn aauptphaorreinttileys ina tr eolnactei ocno mtpol atihnee de xtaebnotu tt oi tw htioc ht hteh e GMoovselrenmm eAnutt.h o rTihtei eesx tfeenltt tohfa tt hteh eayn ncooyualndc ed efvya rtiheed dwiisscheons tiwnhuiecdh. tIhte neGvoevretrhnemleensts hcaodn tienxuperde sasnedd sttihlalt ctohnitsi numeoss.t Iotb jiesc tiao nparbalcet icper awcittihcoeu t sphroeucledd enbte Jien witshhe wroercsohridpe da t htihset oWrayl lo ft hatth e itW adlole.s noTth ea pppreaacrt inceec escsoanrsyt ittou teasr guseo agsr otsos itasn liengtaelrifteyr.e n cMee nwtiitohn mtahay t hotwheev eJre wbse maardee eonft itthlee do ption iocno nodfu ctth et hLeaiwr Owfofrischeirps owfi tthhoeu tC raonwyn garleraetaedry qduiostteudr,b atnoc et hteh aenf fheacst occurred in the past.
a n innoTvhaet iSohna w" pCroimmmairsisliyo nd efsiingdn ed( vtiod ea npnaogye st h7e4 Jaenwds .7"5) of the Zikr as of the Muezzin, that it was
7. The New Door and the Resultant Thoroughfare from the Haram to the Western Wall
Raerpeoar. t, Thweh icsht ruacltsuor adle awlosr kwsi thhe rtehien rperfoevrirseido natlo asrues pesnusfifoinc ieonft ltyh idse swcorrikb eda s ina trhees uSlhta wo fC otmhmei ssHiiognh ACoumthmiorsisitioenes,r 'sw hion tbearsveedn ttihoeni,r andde ctihsei osnu bosne qtuheen t opcionmipolne tioofn tohfe tLhaew woOrfkf iwcietrhs tohfe tpheer mCirsoswino n aolfr etahdey breuft erirne dn ot ow aiyn acfofnencetcitnigo nt hwei tJhe wtihseh npelwa cset roufc tuprrea yeerre,c teexdc eapbto vaes trheeg aWradlsl tahned awpiptehairna ntchee oHfa rtahme aWraelal, asbtorvuec tuirta.l aIltt eirsa ticolnesa r frtohma tt hief ntehwe doopoirn itoon tohfe tJheew iLsahw plOafcfei ceorfs woorfs htihpe, Ctrhoew nd eicsi srievlee vcalnatu steos atrhee gthreoaset erw hidcihs tudrebcalnacree tthhaatn "htahse oJcecwusr raerde ienn ttihtel epda stto, "c oannddu ctth atth eainr iwnocrusrhsiipo na tb yt hMeo sWlaelmls wdiutrhionugt tahney acnu sitnomtaerrfy erteinmcees woift hJ eewxiissht iwnogr srhiigph tsso. as to cause genuine annoyance or disturbance would amount to
( Page 4W0h)i ltshta tt h"et hSeh adwe cCiosmimoins stioo ng rajnuts tipfeiremdi sstihoen afcotri otnh eO fr etshuem pLtoicoanl oGfo vtehren mbeunitl dbiyn gi tosp eorbasteirovnast iwoans btahises d coonns ttahnet lhyi ghhoevsetr inlge gaplo ssaidbviilciet ya voafi lianbcluer stioo n Hiiss iMna jietssteyl'fs aGno vienrnnomveantti,o"n iwth iicsh scuabumsietst egde nutihnaet ains nonyoatn cien, iatnsde ltfh ea psroelcultuisoino n ofo f thteh roduigfhf itcrualftfyi.c bTyh el occrkeiantgi ntgh eo fb oat tnoemw dotohro roduugrhifnagr ec ebrettawiene nh outrhse Hcaharangm e aonfd at hmeo sJte wsiesrhi opulsa cceh aorfa cptreary eirn, tnhoatt ointl yc rienavtoeldv ead sat aftoer moafl acfhfaanigres ilni ktehley sttoa tguisv eq uroi,s eb utto aa ibnrteoa cht heo fZ atwhiey aphe afcreo.m tThhei sJ edwainsghe rp liasc eb yo f nop ramyeearn sd uerliinmgi ntahtee dh obuyr st hoef mreergeu llaorc kSiantgu rodfa yt haen d enhtorlaindcaey steimrevis ceofs tihne vniiegwh to ff otrh ep rfiavcatt e tdheavto tJieownss .visit the Wailing Wall at all times of the day, and some
d ictateWde bys uab mgietn ution e ydoeusri rHeo ntoou ruanbdleer liCnoem mainsds ieomnp htahsaits e atlhle tMhoesslee m inrniogvhattsi oonfs ,o wneevresnh iipf int htehye waerreea otfh e tJheew sv imcaiyn iteys taobfl itshhe aW arlilg,h ta nodf eovwenne risfh itph etyo wtehree Wparlolm,p tneodw btyh aat gietn uwianse cfleeaarr ltyh astt atweidt hotuhta t thtehme
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Jerusalem - United Kingdom Commission report on the Western Wall (1930) - LoN report/Letter from Jordan - Question of Palestine
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Jhaevwes ctlhaeiym annoy rcilgahitm offo ro wcnoenrtsihniupa,t itohne sief itnhneoivra tsioolnes psuhropuolsde nowta sb et oa l laonwneody ttoh ec oJnetwisn.u e .T h aStt islilm illeasrs ahcotpse , ofa ndi nnwoev awtoiuolnd sphroauyl d tnhoatt bteh icso nHsoindoeurreadb l e neCcoemsmsiasrsyi onb y shtohuel dM orsulleem aAguatihnosrti titehse ipso ssoiubri leiatryn eosft their occurrence in future.
r estricTthiiosn onfo tlei gwhotuilndg baet tihnec opmapvleemteen tw iitnh ofurto ntm eonft itohne oWfa lal . negative innovation, viz., that of
a t the InW aOlclt,o btehre, 1M9o2s8l,e m amAountgh oortihteire sd edmeamnadnsd eadi metdh e atr elmiomviatli nogf th ea lfla cilliigthitess wohfi c h Jewweirseh uwsouraslhliyp stiumsep entdheids tpoa rttihceu lwaarl ldse maadnjda cweanst tnoo tt haed mpiatvteemde nbty (tbhuet Goofv ecronumresnet ,n obtu tt oa tt hae lWaetsetre rdna tWea lilt) .w a sA tr utlheed tthwao t mtuhnei ci paslu spsetnasnidoanr d olfu x llaammppss owno ultdh eb e wanlolsse d sthoo uplrdo vindoet tihne nfousteudr e iblel umailnlaotwieodn, fobru tJ etwhiasth twoo rshhaivpep ebrese nd uar imnagt teevre noifn gp rporlaoynegresd. dTihsec usseslieocnt iboent woefe nt hteh e pGoosvietrinomnesn tf oarn dt htehsee Mtowsol elma mApust hiosr iktnioewsn, twhheo rpeufrupsoesde . t oA sa llao wr etshuel tl,a mopnse too fb et hpel alcaemdp si n wtahse mpoovseidt itoon s spurcohp oas eddi satsa nocbev iofursolmy tshuei tWaabllle thfaotr elildgehrt lyb y wowrhsihcihp pteor s rweiatdh tphoeoirr ebyoeoskisg hotf spurfafyeerr ,g raenadt airnec oonbvleingieedn cteo ohwuidndgl et ou pl aicnkt o oft hes ufsfoiuctiheenrtn acboornvee r thoef Ztahwei ypaahv.ement in order to obtain what light they can from the lamp erected in the lane
s ide. Sufficient Municipal lighting facilities is, therefore, one of the requests of the Jewish _________
Document symbol: A/7057/Add.1|S/8427/Add.1
Document Type: Letter
Document Sources: General Assembly, League of Nations, Security Council
Country: Jordan, United Kingdom
Subject: History, Holy places, Jerusalem, Land
Publication Date: 01/12/1930
RESOLUTIONS ON PALESTINE
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Jerusalem - United Kingdom Commission report on the Western Wall (1930) - LoN report/Letter from Jordan - Question of Palestine
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UNITED A S NATIONS
General Assembly
Security Council
Distr.
GENERAL
A/49/300
S/1994/939
5 August 1994
ORIGINAL: ENGLISH
GENERAL ASSEMBLY SECURITY COUNCIL
Forty-ninth session Forty-ninth year
Item 38 of the provisional agenda*
THE SITUATION IN THE MIDDLE EAST
Letter dated 5 August 1994 from the Permanent Representatives of
Israel, Jordan, the Russian Federation and the United States of
America to the United Nations addressed to the Secretary-General
We have the honour to enclose the text of the Washington Declaration,
signed at Washington, D.C., on 25 July 1994, by the Governments of the Hashemite
Kingdom of Jordan and of the State of Israel, and witnessed by the United States
of America (see annex).
As the cosponsors of the peace process launched at Madrid in October 1991
and of the signatories to the document, we would be grateful if you would have
the present letter and its annex circulated as an official document of the
forty-ninth session of the General Assembly, under item 38 of the provisional
agenda, and of the Security Council.
(Signed) Ambassador Gad YAACOBI (Signed) Ambassador Adnan S. ABU ODEH
Permanent Representative of Permanent Representative of Jordan
Israel to the United Nations to the United Nations
(Signed) Ambassador Madeleine K. ALBRIGHT (Signed) Ambassador Yuliy M. VORONTSOV
Permanent Representative of Permanent Representative of the
the United States to the the Russian Federation to the
United Nations United Nations
________________________
* A/49/150.
94-32002 (E) 090894 /...
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A/49/300
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ANNEX
Washington Declaration, signed at Washington, D.C., on 25 July 1994
by the Governments of Jordan and Israel and witnessed by the United
States of America
A. After generations of hostility, blood and tears and in the wake of years of
pain and wars, His Majesty King Hussein and Prime Minister Yitzhak Rabin are
determined to bring an end to bloodshed and sorrow. It is in this spirit that
His Majesty King Hussein of the Hashemite Kingdom of Jordan and Prime Minister
and Minister of Defence, Mr. Yitzhak Rabin of Israel, met at Washington, D.C.,
today at the invitation of President William J. Clinton of the United States of
America. This initiative of President William J. Clinton constitutes an
historic landmark in the United States’ untiring efforts in promoting peace and
stability in the Middle East. The personal involvement of the President has
made it possible to realize agreement on the content of this historic
declaration. The signing of this declaration bears testimony to the President’s
vision and devotion to the cause of peace.
B. In their meeting, His Majesty King Hussein and Prime Minister Yitzhak Rabin
jointly reaffirmed the five underlying principles of their understanding on an
agreed common agenda designed to reach the goal of a just, lasting and
comprehensive peace between the Arab States and the Palestinians, with Israel.
1. Jordan and Israel aim at the achievement of just, lasting and
comprehensive peace between Israel and its neighbours and at the conclusion of a
treaty of peace between both countries.
2. The two countries will vigorously continue their negotiations to
arrive at a state of peace, based on Security Council resolutions 242 (1967) and
338 (1973) in all their aspects, and founded on freedom, equality and justice.
3. Israel respects the present special role of the Hashemite Kingdom of
Jordan in Muslim holy shrines in Jerusalem. When negotiations on the permanent
status will take place, Israel will give high priority to the Jordanian historic
role in these shrines. In addition, the two sides have agreed to act together
to promote interfaith relations among the three monotheistic religions.
4. The two countries recognize their right and obligation to live in
peace with each other as well as with all States within secure and recognized
boundaries. The two States affirmed their respect for and acknowledgment of the
sovereignty, territorial integrity and political independence of every State in
the area.
5. The two countries desire to develop good neighbourly relations of
cooperation between them to ensure lasting security and to avoid threats and the
use of force between them.
C. The long conflict between the two States is now coming to an end. In this
spirit, the state of belligerency between Jordan and Israel has been terminated.
/...
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D. Following this declaration and in keeping with the agreed common agenda
both countries will refrain from actions or activities by either side that may
adversely affect the security of the other or may prejudice the final outcome of
negotiations. Neither side will threaten the other by use of force, weapons or
any other means against each other and both sides will thwart threats to
security resulting from all kinds of terrorism.
E. His Majesty King Hussein and Prime Minister Yitzhak Rabin took note of the
progress made in the bilateral negotiations within the Jordan-Israel track last
week on the steps decided to implement the sub-agendas on borders, territorial
matters, security, water, energy, environment and the Jordan Rift Valley.
In this framework, mindful of items of the agreed common agenda (borders
and territorial matters) they noted that the boundary subcommission reached
agreement in July 1994 in fulfilment of part of the role entrusted to it in the
sub-agenda. They also noted that the subcommission for water, environment and
energy agreed to recognize mutually, as a result of their negotiations, the
rightful allocations of the two sides in Jordan River and Yarmouk River waters
and to respect fully and comply with the negotiated rightful allocations, in
accordance with agreed acceptable principles with mutually acceptable quality.
Similarly, His Majesty King Hussein and Prime Minister Yitzhak Rabin
expressed their deep satisfaction and pride in the work of the trilateral
commission in its meeting held in Jordan on Wednesday, 20 July 1994, hosted by
the Jordanian Prime Minister, Dr. Abdessalam al-Majali, and attended by
Secretary of State Warren Christopher and Foreign Minister Shimon Peres. They
voiced their pleasure at the association and commitment of the United States in
this endeavour.
F. His Majesty King Hussein and Prime Minister Yitzhak Rabin believe that
steps must be taken both to overcome psychological barriers and to break with
the legacy of war. By working with optimism towards the dividends of peace for
all the people in the region, Jordan and Israel are determined to shoulder their
responsibilities towards the human dimension of peacemaking. They recognize
imbalances and disparities are a root cause of extremism which thrives on
poverty and unemployment and the degradation of human dignity. In this spirit
His Majesty King Hussein and Prime Minister Yitzhak Rabin have today approved a
series of steps to symbolize the new era which is now at hand:
1. Direct telephone links will be opened between Jordan and Israel.
2. The electricity grids of Jordan and Israel will be linked as part of a
regional concept.
3. Two new border crossings will be opened between Jordan and Israel -
one at the southern tip of Aqaba-Eilat and the other at a mutually agreed point
in the north.
4. In principle free access will be given to third country tourists
travelling between Jordan and Israel.
/...
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5. Negotiations will be accelerated on opening an international air
corridor between both countries.
6. The police forces of Jordan and Israel will cooperate in combating
crime, with emphasis on smuggling and particularly drug smuggling. The United
States will be invited to participate in this joint endeavour.
7. Negotiations on economic matters will continue in order to prepare for
future bilateral cooperation including the abolition of all economic boycotts.
All these steps are being implemented within the framework of regional
infrastructural development plans and in conjunction with the Jordan-Israel
bilaterals on boundaries, security, water and related issues and without
prejudice to the final outcome of the negotiations on the items included in the
agreed common agenda between Jordan and Israel.
G. His Majesty King Hussein and Prime Minister Yitzhak Rabin have agreed to
meet periodically or whenever they feel necessary to review the progress of the
negotiations and express their firm intention to shepherd and direct the process
in its entirety.
H. In conclusion, His Majesty King Hussein and Prime Minister Yitzhak Rabin
wish to express once again their profound thanks and appreciation to
President William J. Clinton and his Administration for their untiring efforts
in furthering the cause of peace, justice and prosperity for all the peoples of
the region. They wish to thank the President personally for his warm welcome
and hospitality. In recognition of their appreciation to the President,
His Majesty King Hussein and Prime Minister Yitzhak Rabin have asked President
William J. Clinton to sign this document as a witness and as a host to their
meeting.
(Signed) His Majesty King HUSSEIN (Signed) Prime Minister Yitzhak RABIN
(Signed) President William J. CLINTON
-----
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Remarks by President Clinton, King Hussein and Prime Minister Rabin at the
Signing Ceremony of the Washington Declaration, 25 July 1994.
http://mfa.gov.il/MFA/ForeignPolicy/MFADocuments/Yearbook9/Pages/212%20Remarks%2
0by%20President%20Clinton-%20King%20Hussein%20and.aspx
The signing of the Washington Declaration marked the end of the state of war
between Israel and Jordan. This was the third major agreement signed between Israel and the
Arabs (all of them at the White House). The first was the Israel-Egypt Peace Treaty (26
March 1979), the second the Israel-PLO Declaration of Principles (13 September 1993) and
the third the Israel-Jordan Declaration. The new mood of optimism was noted in the speeches
of the three leaders. Texts:
PRESIDENT CLINTON: Your Majesties, Prime Minister and Mrs. Rabin,
distinguished guests: Today we gather to bear witness to history. As this century draws to a
close a new era of peace opens before us in ancient lands, as brave men choose reconciliation
over conflict. Today our faith is renewed.
As we write a new chapter in the march of hope over despair on these grounds and
at this historic table, we remember the courage of Anwar Sadat and Menachem Begin, and the
leadership of President Carter at Camp David fifteen years ago; the efforts of President Bush
to bring Israel and her neighbors together in Madrid two years ago; and that shining
September day last year when Prime Minister Rabin and Chairman Arafat declared that their
two peoples would fight no more.
Today, in that same spirit, King Hussein and Prime Minister Rabin will sign the
Washington Declaration. After generations of hostility, blood and tears, the leaders of the
Hashemite Kingdom of Jordan and the State of Israel will solemnly declare, with the world as
their witness, that they have ended the state of belligerency between them. From this day
forward, they pledge to settle their differences by peaceful means.
Both countries will refrain from actions that may adversely affect the security of
the other, and will thwart all those who would use terrorism to threaten either side.
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The Washington Declaration is the product of much hard work. Less than a year
ago Crown Prince Hassan of Jordan and Foreign Minister Peres of Israel met here publicly for
the first time. Together, with the wise counsel and persistent energy of the Secretary of State
Warren Christopher, Israel and Jordan have pursued peace. And we are all in their debt.
It takes but a minute or two to cross the River Jordan, but for as long as most of us
can remember, the distance has seemed immense. The awful power of ancient arguments and
the raw wounds of recent wars have left generations of Israelis, Jordanians and Palestinians
unable to imagine, much less build, a life of peace and security. Today, King Hussein and
Prime Minister Rabin give their people a new currency of hope and the chance to prosper in a
region of peace.
Under the Washington Declaration, Jordan and Israel have agreed to continue
vigorous negotiations to produce a treaty of peace based on Security Council Resolutions 242
and 338. King Hussein and Prime Minister Rabin will. meet as often as necessary to shepherd
and personally direct those negotiations. Their objective is a just, lasting and comprehensive
peace between Israel and all its neighbors; a peace in which each acknowledges and respects
the territorial integrity and political independence of all others, and their right to live in peace
within secure and recognized boundaries.
In the meantime, Jordan and Israel have decided to take immediate steps to
normalize relations and resolve disputes in areas of common concern. They have agreed to
survey the international border based on the work of their boundary subcommission. They
have resolved that negotiations on water resources should aim to establish the rightful
allocation between the two sides of the waters of the Jordan and Yamiouk rivers. They have
determined that their police forces will cooperate in combating crime, with a special emphasis
on drug smuggling. They have set up as their joint purpose the abolition of all economic
boycotts and the establishment of a bilateral economic cooperation.
And as of today, Jordan and Israel have agreed to take the first practical steps to
draw their people together and to let the peoples of the world share in the wonders of their
lands. They will establish direct telephone links; connect their two nations' electricity grids;
open two border crossings between their nations, including one at Aqaba and Eilat, and
another in the north; accelerate the negotiations aimed at opening an international air corridor
HP EXHIBIT 95
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between the two countries; and give free access to third-country tourists travelling between
their two nations. These are the building blocks of a modern peace in ancient holy lands.
Your Majesty, after our first meeting, you wrote me a heartfelt letter in which you
referred to your revered grandfather, King Abdullah. You told me that his untimely
assassination at the entrance to Jerusalem's Al-Aqsa Mosque had come at a time when he was
intent on making peace with Israel. Had he completed his mission, you said to me, your
region would have been spared four decades of war. Today, 43 years later, Abdullah's
grandson has fulfilled his legacy.
And in the declaration you will sign, your role as guardian of Jerusalem's Muslim
holy sites, Al-Aqsa among them, has been preserved. And Israel has agreed to accord a high
priority to Jordan's historic role regarding these holy sites in final status negotiations.
Prime Minister, when you first visited me in the White House, you spoke
eloquently of your soldier's life, defending and guiding your nation through four bloody
decades of struggling to survive. You told me your people had had enough bloodshed, that it
was time to make peace. Ten months ago, you stood on this same lawn and shook the hand of
Yasser Arafat, the leader of the Palestinian people.
Today you stand together with King Hussein, descendant of the Prophet
Mohammed, to declare that Jordan and Israel have ended their conflict. In holding out to your
people the hope of a normal, secure life, you, Sir, have fulfilled the mission of your life and of
all those who have fought by your side for so long.
Now as we go forward, we must guard against illusions. Dark forces of hatred and
violence still stalk your lands. We must not let them succeed.
King Hussein, Prime Minister Rabin: As you and your people embark on this
journey of peace, we know the road will not be easy. Just as we have supported you in coming
this far, the United States will walk the final miles with you. We must all go on until we
ensure that the peace you are seeking prevails in the Holy Land and extends to all Israel's
Arab neighbors. Our common objective of a comprehensive peace must be achieved.
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Now as we witness the signing of this declaration and applaud the bravery of
these men, let us remember that peace is - much more than a pledge to abide by words on a
page. It is a bold attempt to write a new history. Guided by the blessing of God, let us now go
forward and give life to this declaration. For if we follow its course, we will truly achieve a
peace of the generations. Thank you very much.
(The declaration is signed.)
KING HUSSEIN: President Clinton, Prime Minister Yitzhak Rabin, ladies and
gentlemen: And so it is that on this day, at this house of the great American people, we have
been able to take an historic step which we hope and pray will be to the benefit of our peoples
within our entire region - Jordanians, Israelis, and others.
This is the moment of commitment and of a vision. Not all of what is possible is
within the document we have just ratified, but a modest, determined beginning to bring to our
region and our peoples the security from fear, which I must admit has prevailed over all the
years of our lives; the uncertainty of every day as to know how it might end; the suspicion, the
bitterness, the lack of human contact. We are on our way now, truly, towards what is normal
in relations between our peoples and ourselves, and what is worthy.
We will meet as often as we are able to and is required, with pleasure, to shepherd
this process on in the times ahead.
At this moment, I would like to share with you all the pride I have in my people,
the people of Jordan - in their maturity, in their courage, and what I have been blessed with,
their trust and confidence, and I believe the commitment of the overwhelming majority to the
cause of peace.
The term used in international documents as have affected us so far is "the state of
belligerency" and the "end of the state of belligerency." I think both in Arabic and in Hebrew,
our people do not have such a term. What we have accomplished and what we are committed
to is the end of the state of war between Jordan and Israel.
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Thank-you so very much, indeed, Mr. President, for all your kindness. Thank you,
Prime Minister. Thank you, all our dear friends. A warm thanks to the American people, our
partners in the past, in the present and in the future. And bless you and bless our march for the
future and towards the future of peace in our region.
PRIME MINISTER RABIN: The President of the United States, His Majesty
King Hussein of the Kingdom of Jordan, friends, ladies and gentlemen: I start with the
Hebrew word, shalom.
A million eyes all over the world are watching us now with great relief and great
joy. Yet another nightmare of war may be over. At the same time a million eyes in the Middle
East are looking at us now with great heartfelt hope that our children and grandchildren will
know no more war.
Ladies and gentlemen, today we submit to our respective people a wonderful
present. The declaration we have signed just now here in Washington is the closest thing to a
treaty of peace. We have gone here a long way towards a full treaty of peace, and even though
our work has not yet ended, it is my hope and belief that not long from today we shall return
to signing a final and a permanent treaty of peace.
Mr. President, Your Majesty, it is dusk at our homes in the Middle East. Soon,
darkness will prevail. But the citizens of Israel and Jordan will see a great light. We have
today taken a major step on the road to peace. We and Jordan have chosen to speak to each
other rather than to continue the state of war. From here, at a distance of thousands of miles
from home, I would like to congratulate today the inhabitants of Israel and of Jordan, to
remember the fallen in the wars on both sides, and to tell children on both sides of the border,
we hope and pray that your life will be different than ours.
I believe that we are a small country with a big heart. We are aware of world
agonies and suffering of human beings everywhere. At this hour, when we are celebrating
here in Washington, Israeli defense soldiers and medical units are trying to save the lives of
thousands, if not more, of people on the verge of death in Rwanda. But at the very same time,
Israeli soldiers, a rescue team in Buenos Aires, at the invitation of the Argentinian
government, are endeavoring to rescue the lives or find the bodies of those who were
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attacked, killed and disappeared - bodies of their own brothers, as well as of the other human
beings from buildings destroyed by vicious terrorists. This terrible crime was committed
against Jews just because they were Jews.
The Israeli rescue soldiers in Rwanda, as well as those in Argentina, together with
their comrades in arms defending us at home, are the same side of the same coin.
Mr. President, Your Majesty, there is much more in the Washington Declaration
than what the parties were planning when they decided to prepare this declaration 10 days
ago. It bears witness to our ability in Israel and Jordan to accelerate our efforts towards peace,
to overcome obstacles, to achieve a breakthrough and to put an end to 46 years of hostility.
Mr. President, thank you - thank you for all you have done for us and for what
you will do. We embark on a road which must still be completed. And I am appealing to the
United States, the leader of peace efforts in the Middle East, to assist those countries, those
peoples who demonstrate courage and who take risks - risks for peace -because it is a
worthwhile goal.
The political achievements presented today to the public here in Washington are
part of a whole agenda that must still be clarified in serious deliberation ahead of us - from the
difficult subjects of boundaries and water, to trade and economic relations on which peace in
our region will be based, and of course, security and diplomatic relations. Our duty, starting
today, is to turn the articles written on the paper into a living reality.
This fine job could not have been completed without your leadership and
determination in the Middle East peacemaking. You have already established your place in
our history, an honorable place. And thank you.
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Statement in the Knesset by Prime Minister Rabin on the Washington Declaration,
3 August 1994.
http://mfa.gov.il/MFA/ForeignPolicy/MFADocuments/Yearbook9/Pages/219%20Statement%
20in%20the%20Knesset%20by%20Prime%20Minister%20Rab.aspx
It is Israeli practice that the Government secures Knesset approval for major
foreign-policy moves. Thus the prime minister presented the Washington Declaration to the
Knesset, and explained the meaning of the agreement as well as its historic implications. He
stated that the agreement heralded first and foremost the end of the state of belligerency; it
was also a guideline for future negotiations and contained elements already agreed upon with
the Jordanians in previous meetings in Washington, Ein-Evrona and the Dead Sea. He also
explained the role that Jordan will play in Jerusalem. The Knesset approved the declaration by
a vote of 91 in favor, 3 against and 2 abstentions. On that day King Hussein, flying from
London back to Jordan, overflew Israeli airspace and circled over Tel Aviv and Jerusalem.
Text:
Mr. President,
Mr. Speaker,
Members of Knesset,
Before beginning my address, I want to join in the praise of the Knesset Speaker
for the two missions carried out by the IDF, in the name of the State of Israel: the mission of
sharing the fate of the Jewish community which was attacked in Argentina, through the
excellent rescue unit established by the IDF; and the humanitarian mission to assist the
Rwandan refugees in Zaire - with the field hospital, whose doctors, medical team and soldiers
all volunteered for this mission. This is an exceptional expression of the unique character of
the State of Israel, its sharing in the fate of each Jew and each Jewish community everywhere,
and its performing this humanitarian mission for the sake of people, refugees, in the midst of
distress and illness. There is nothing that better expresses the character and uniqueness of the
State of Israel. Thank you - to all those involved in these missions, and to all those party to
their creation.
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We have come today to inform Members of Knesset, the citizens of the State of
Israel and the entire Jewish people that the state of war between the State of Israel and the
Hashemite Kingdom of Jordan has come to an end.
We have come today to tell Members of Knesset and the citizens of the State of
Israel that, last week in Washington, we took a significant step toward peace.
Members of Knesset,
Today, the Government of Israel places on your table - with' satisfaction and great
pride - the Washington Declaration, signed in the capital of the United States on 17 Av 5754,
25 July 1994. The four pages of paper placed before the Knesset today are the essence of the
dream of peace between Israel and Jordan which, we all believe and hope, will become a fullfledged
peace treaty.,
Members of Knesset,
Over the decades, all prime ministers of Israel have stood on this podium. From
this podium, all prime ministers of Israel have addressed leaders of Arab states and called
upon them to end the state of war, and to bring peace to the peoples of the Middle East. These
calls by prime ministers of Israel have been regularly - sometimes even tirelessly and
monotonously - repeated; over the years, they became routine cliches to which nobody paid
attention - because Cairo was silent, Amman did not respond, Damascus remained deaf. Our
hand outstretched for peace was forced to pull the trigger, in a war to preserve our lives here.
The first prime minister to merit standing on this podium, and seeing his calls for
peace blessed, was Menachem Begin. Together with the late president of Egypt, Anwar Sadat,
he weaved the first threads of peace between Israel and the largest Arab state: Egypt. The
belief that other Arab states would follow in the footsteps of Egypt was proved false, and the
voice of Israel remained alone in the wilderness. We have remained isolated - two countries,
one peace.
On the day that the current Government was presented to the Knesset, I again
called on Arab states and the Palestinians to end the Arab-Israeli conflict and to inaugurate a
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new page in the history of our peoples. To the Palestinians who have not known even one day
of freedom or happiness in their lives we then offered autonomy, with its advantages and
limitations. We called on the king of Jordan, and on the presidents of Syria and Lebanon, to
come to this podium - and to talk peace.
The Palestinians accepted this call and we are now past the completed
implementation of the "Gaza-Jericho First" agreement, and we are continuing negotiations
with them. Following the Palestinians, King Hussein is now extending a hand for peace - and
it would be accurate to conclude that the Washington Declaration would not have been
achieved were it not for the accord with the Palestinians.
Members of Knesset,
The Jewish people and, later, the State of Israel have - for generations - had a very
special and very complex link with the Hashemite family and the Kingdom of Jordan, which
was born out of the problem of Eretz Israel. Love and animosity were combined within this
connection ever since we sought an understanding with the Hashemite house, after World
War 1, at the meeting between Weizmann and Emir Faisal.
Since then, much water has flowed through the Jordan River, and also much
blood. Jordan participated in wars and hostile actions against us. The Jordanians have
bequeathed us difficult physical and mental wounds: Jerusalem was divided and a wall was
erected in the middle of the city; Jews were prevented from having access to or praying at the
Wailing Wall, the last remnant of the Temple; Gush Etzion was laid waste; classes were
halted at the university on Mount Scopus, to which we ascended in armored convoys; snipers
fired through the windows of homes on the municipal border; infiltrators penetrated Israeli
communities along the Jerusalem Corridor; they stole and they murdered. In Jerusalem, and in
Amman as well, families wept over the deaths of their loved ones. Only during the Six-Day
War did IDF soldiers put an end to Israel's agonies.
Members of Knesset,
It is an open secret that, alongside the hostile acts, we have maintained unique
relations with the Hashemite family, for which King Abdullah - the patriarch - paid with his
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life. Despite the risks, despite the difficulties, we have maintained these special ties - even
during the most difficult hours for the State of Israel, and for Jordan. Very little has been
disclosed about these ties, for which we owe a debt of thanks to the first weavers of the thread
with the Hashemite house - even before the creation of the State - from Haim Arlozorov,
Moshe Sharett, Ezra Danin, Aharon Haim Hacohen, Golda Meir, Reuven Shiloah and Moshe
Dayan to Ya'acov Herzog, Eliyahu Sasson, Levi Eshkol and Yigal Allon. And many others
who live with us today, and for whom we reserve great credit.
During the tenure of the previous government, headed by Yitzhak Shamir, the
Madrid process was begun in October 1991. Since then, we have known two important
milestones in our relations with Jordan:
One - the formal and public ratification of the agenda between Israel and Jordan in
September 1993, and two - the public and first-of-its-kind meeting between Foreign Minister
Shimon Peres, Prince Hassan and President Clinton, at the White House in October 1993.
During this meeting, it was decided to create the tripartite economic committee between the
three countries.
Over time, links were enhanced and joint discussions were held with King
Hussein and members of his court and government, until we arrived at the occasion of the
signing of the Washington Declaration - in public - in Washington last week.
Member of Knesset,
The Declaration, in its full format, has been placed before you. It contains no
secret annexes; it has no additional passages. You see the entire document.
What is in the Washington Declaration?
On the one hand, the Washington Declaration contains new components which
will form the foundation of a full peace treaty - when signed. On the other hand, it contains
components from the documents that have been concluded with Jordan thus far, including the
agenda signed in Washington. Additional elements are derived from the agreements which
resulted from the bilateral negotiations conducted in Washington and at the Dead Sea Hotel in
HP EXHIBIT 96
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Jordan on 20 July, including the joint declaration that was signed by the Jordanian prime
minister, the Israeli foreign minister and the U.S. secretary of state.
The Washington Declaration's central theme is the termination of the state of
belligerency. The termination of the state of belligerency is a stage in transition to the signing
of a full peace treaty.
Mr. Speaker,
Members of Knesset,
I must add that the English expression which appears in the Washington
Declaration is the "end of the state of belligerency."
Since the term "end of the state of war" appears in the peace treaty with Egypt and
is clear to all, we proposed to the Jordanians that we use this phrase. But they preferred to
cautiously adhere to the language of ending the "state of belligerency." In an oral message
from King Hussein, we were told that, for Jordan's part, the meaning was identical and that it
would also be given public expression. And indeed, the king - in his statements at the White
House and before Congress - said explicitly, and I am quoting from his 25 July speech at the
White House: "The term used in international documents as they affected us so far is the 'state
of belligerency' and the end of the 'state of belligerency.' I think - both in Arabic and in
Hebrew - our people do not have such a term. But what we have accomplished and what we
are committed to is the end of the state of war between Jordan and Israel." Therefore, there is
nothing equivocal here, but only the clearest possible message - the state of war between
Israel and Jordan has ended.
I ask to direct your attention to the fact that the issue of a peace treaty finds clear
expression in the document. Indeed, the Jordanians have always spoken about a
comprehensive peace, but - in the Washington Declaration - it says explicitly that the
objective is the signing of a peace treaty between Jordan and Israel.
Mr. Speaker,
HP EXHIBIT 96
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Members of Knesset,
It is natural that th e paragraph relating to the places in Jerusalem which are holy
to Muslims has aroused great interest.
With your permission, I would like to turn the wheel back a bit, and quote from
statements I made to you on the day that I presented the Government: "This Government, like
all of its predecessors, believes there is no disagreement in this House concerning Jerusalem
as the eternal capital of Israel. United Jerusalem has been, and will forever be, the capital of
the Jewish People, under Israeli sovereignty, a focus of the dreams and longings of every Jew.
The Government is firm in its resolve that Jerusalem will not be open to negotiation. The
coming years will also be marked by the extension of construction in Greater Jerusalem. All
Jews, religious and secular, have vowed: 'If I forget thee, 0 Jerusalem, may my right hand
wither.' This vow unites us all."
Then, I also said: "The Government will safeguard freedom of worship for the
followers of all religions and all communities in Jerusalem. It will rigorously maintain free
access to the holy places for all sects and ensure the conduct of a normal and pleasant life for
those who visit and reside in the city."
The Jerusalem paragraph in the Washington Declaration has, in our opinion,
caused much ado about nothing. I suggest that this paragraph be read again. It says: "Israel," I
emphasize, "Israel respects the present special role of the Hashemite Kingdom of Jordan in
Muslim holy shrines in Jerusalem. When negotiations on the permanent status will take place,
Israel will give high priority to the Jordanian historic role in these shrines. In addition, the two
sides have agreed to act together to promote interfaith relations among the three monotheistic
faiths."
What can be learned from these statements?
The purpose of this paragraph is to frame an existing situation in which the
Jordanians, even during the 27 years since the Six-Day War - under all governments of Israel
- have indeed played a role in the running of the Islamic holy places in Jerusalem. The
paragraph promises that, when negotiations are conducted for the permanent arrangement,
HP EXHIBIT 96
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Israel will give - and it will be Israel that gives - a high preference to this role of the
Jordanians,
Once again, I would like to emphasize that these statements contain nothing that
suggests any concession relating to Jerusalem's affairs, or regarding Israel's status in the city
or in the places holy to the Jews. When the time comes and all the holy places are discussed
within the permanent solution - the comprehensive one, if you will - we will certainly consult
with Jewish religious authorities, the Ministry of Religious Affairs and the Chief Rabbinate.
Mr. Speaker,
Members of Knesset,
Apart from the positive declarations and the commitments made vis-a-vis the
continuation of negotiations on the various matters, until its culmination in a peace agreement,
the Washington Declaration contains a number of agreements on how to implement practical
steps for realizing the new situation.
Negotiations were held already yesterday in the Arava concerning telephone
connections between us and Jordan. We are waiting for the moment when we will be able to
dial directly from Tel Aviv to Amman, and vice versa. Border crossings will be opened from
Jordan to Israel, and vice versa. Discussions on the issue are at their height; at this point,
passage for tourists and those with foreign passports is in question. We believe and hope that
the day is not far off when Israelis and Jordanians will pass through as if it had always been
this way.
The Washington Declaration also addresses the following: - the connection of
electricity grids;
- the establishment of an air corridor between Israel and Jordan; - police
cooperation in the war on crime and drugs; and
- economic issues, including a commitment for the future cancellation of boycotts.
This week, and over the next few weeks, we will continue negotiations regarding all of these
HP EXHIBIT 96
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issues in addition to many others - including border security, water, environment, energy and
various economic issues.
Members of Knesset,
Israel has experienced great days.
Even if there are many hardships, even if the effort is tremendous, even if we must
live through moments of disappointment and hours of frustrations, we still have no doubt in
our hearts - Arab nations are joining us on the path to peace. The path is indeed long, and our
work is not nearly done.
In the Washington Declaration, King Hussein joined us as a full partner, with his
people as his partners - and we have escorted his courageous steps and difficult, but wise,
decisions with great hope.
And our most esteemed partners, from outside, the American people headed by
U.S. President Bill Clinton and his administration, and members of both Houses of Congress -
without whose devotion, perseverance and contribution, we might not have succeeded in
arriving at the moment when we signed the Washington Declaration. From Jerusalem, we
send our heartfelt thanks to the president, the American people and its elected officials.
Members of Knesset,
There are many more who live among us and who are deserving of thanks, and
there are many more abroad to whom we also owe a debt of gratitude.
As we stop at this station, on the way to peace, it is our duty and our great honor
to recall in our hearts the civilians of Israel and the fallen of the IDF from every period, from
the events of 1947 up until the present - who are not witnesses to the great emotions which we
feel these days, whose eyes cannot see the tears of happiness in our eyes. There are tears of
pain in our eyes that they were not able to see the arrival of this day, en route to peace. Our
hearts today are with the members of the families who want to join us in our happiness - but
whose terrible pain prevents them from feeling it, from experiencing the pleasure, from
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smiling. Today, we are with the wounded and disabled of the IDF, with the civilians who - for
46 years - have borne the pain and scars which were caused by the acts of aggression from
Jordan.
Members of Knesset,
A great honor has fallen to us today - to witness and participate in these wonderful
moments in the history of the State of Israel.
I will conclude with a passage from Chapter Five of First Kings, which expresses
the wishes of us all: "And he had peace on all sides round about him." Let it be so.
On behalf of the Government, I ask that the Knesset endorse the Washington
Declaration.
Thank you.
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UNITED A S NATIONS
General Assembly
Security Council
Distr.
GENERAL
A/51/400
S/1996/779
24 September 1996
ORIGINAL: ENGLISH
GENERAL ASSEMBLY SECURITY COUNCIL
Fifty-first session Fifty-first year
Agenda items 33, 35, 54 and 85
THE SITUATION IN THE MIDDLE EAST
QUESTION OF PALESTINE
IMPLEMENTATION OF THE RESOLUTIONS
OF THE UNITED NATIONS
REPORT OF THE SPECIAL COMMITTEE TO
INVESTIGATE ISRAELI PRACTICES
AFFECTING THE HUMAN RIGHTS OF THE
PALESTINIAN PEOPLE AND OTHER ARABS
OF THE OCCUPIED TERRITORIES
Letter dated 24 September 1996 from the Permanent Observer
of Palestine to the United Nations addressed to the
Secretary-General
I have been instructed to bring the following to your immediate attention.
Israel, the occupying Power, has committed yet another dangerous violation
of its obligations under international law, international humanitarian law and
relevant Security Council resolutions. On the evening of Monday,
23 September 1996, the Israeli occupying authorities, under the protection of
army units, opened an entrance to a tunnel in the vicinity of Al-Haram Al-Sharif
in occupied East Jerusalem. The tunnel extends for approximately 500 yards,
parallel to the Western Wall of Al-Aqsa Mosque. It runs from the south-west
corner of Al-Aqsa wall until Bab Al-Gawanimeh at the north-west corner,
continuing eastward and north to Al-Aqsa Mosque. The ground broken for the
opening of the tunnel is located at the stairs leading to Al-Rawda School, which
is owned by the Islamic Waqf and is situated north of Al-Aqsa Mosque. As such,
the opening of this entrance and any use of the tunnel endanger the security and
integrity of Al-Aqsa Mosque and the foundations of the Islamic structures
existing above the tunnel.
The Security Council has repeatedly affirmed the applicability of the
fourth Geneva Convention of 1949 to all the territories occupied by Israel since
1967, including Jerusalem, and has called upon Israel to abide by the provisions
of the Convention. In several of its resolutions, the Council declared all
96-25161 (E) 240996 /...
HP EXHIBIT 112
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A/51/400
S/1996/779
English
Page 2
Israeli measures and actions which aim at changing the status of Jerusalem as
invalid, and it called upon Israel to rescind all such measures and to desist
from further action changing the status of Jerusalem. The above-mentioned
Israeli action is obviously another measure aimed at the Judaization of the
city, creating yet additional facts with regard to the Holy City’s status.
In this regard, and given the extremely important religious and spiritual
nature of the issue, we call upon the Security Council to take the necessary
steps to address this issue and to have the Israeli action reversed.
I would be grateful if you would arrange to have the text of the present
letter circulated as a document of the General Assembly, under agenda items 33,
35, 54 and 85, and of the Security Council.
(Signed) Nasser AL-KIDWA
Permanent Observer of Palestine
to the United Nations
-----
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United Nations A/55/432–S/2000/921
General Assembly
Security Council Distr.: General
29 September 2000
Original: English
00-66554 (E) 290900
`````````
General Assembly
Fifty-fifth session
Agenda items 36, 40, 41 and 85
Bethlehem 2000
The situation in the Middle East
Question of Palestine
Report of the Special Committee to Investigate Israeli
Practices Affecting the Human Rights of the Palestinian
People and Other Arabs of the Occupied Territories
Security Council
Fifty-fifth year
Letter dated 29 September 2000 from the Permanent Observer of
Palestine to the United Nations addressed to the Secretary-General
Yesterday, 28 September 2000, a member of the Israeli parliament and the
leader of the Likud Party, Mr. Ariel Sharon, led a group in a dangerous and
provocative visit to Al-Haram Al-Sharif in Occupied East Jerusalem. The purpose of
this visit, according to Mr. Sharon, was to emphasize illegal Israeli sovereignty over
the place. Hundreds of members of the Israeli security forces accompanied Mr.
Sharon, which further aggravated tensions, leading to clashes between Palestinian
civilians and Israeli security forces, both in Al-Haram Al-Sharif and the rest of East
Jerusalem.
Today, 29 September 2000, and following Friday worship, Israeli security
forces stormed Al-Haram Al-Sharif using rubber bullets and live ammunition
against the worshippers, killing five Palestinian civilians and injuring about 200
others. An Israeli police chief admitted that snipers were also deployed and that they
fired live rounds, making the death of civilians the result of wilful killing. Clashes
and further Israeli repression against Palestinian civilians later spread to other places
including the rest of East Jerusalem, Bethlehem, Ramallah and Gaza.
The actions today of the Israeli security forces are starkly reminiscent of those
committed on 8 October 1990, when those forces stormed Al-Haram Al-Sharif,
killing 20 civilians and injuring more than 150. At the time, the Security Council, in
its resolution 672 (1990) of 12 October 1990, condemned the acts of violence by the
Israeli security forces and called upon “Israel, the occupying Power, to abide
scrupulously by its legal obligations and responsibilities under the Geneva
Convention relative to the Protection of Civilian Persons in Time of War, of 12
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August 1949, which is applicable to all the territories occupied by Israel since
1967”.
The international community, and particularly the Security Council, must
reiterate such a position and compel the occupying Power to respect its obligations.
The need for the cessation of such appalling actions is even greater at this sensitive
time, given their detrimental effect on the Middle East peace process and the efforts
to achieve a final settlement between the two sides. At this point, ensuring the
withdrawal of Israeli forces from Al-Haram Al-Sharif and the rest of East Jerusalem
and from the vicinity of other Palestinian cities is a necessary first step for salvaging
the situation.
I would be grateful if you would arrange to have the text of the present letter
distributed as a document of the fifty-fifth session of the General Assembly, under
agenda items 36, 40, 41 and 85, and of the Security Council.
(Signed) Dr. Nasser Al-Kidwa
Ambassador
Permanent Observer of Palestine to the United Nations
HP EXHIBIT 113
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United Nations A/55/440–S/2000/936
General Assembly
Security Council Distr.: General
3 October 2000
Original: English
00-67015 (E) 031000
`````````
General Assembly
Fifty-fifth session
Agenda item 41
Question of Palestine
Security Council
Fifty-fifth year
Letter dated 2 October 2000 from the Chairman of the Committee
on the Exercise of the Inalienable Rights of the Palestinian People
addressed to the Secretary-General
In my capacity as Chairman of the Committee on the Exercise of the
Inalienable Rights of the Palestinian People, I should like to draw your attention, as
a matter of urgency, to the violent confrontations between the Israel Defence Forces
(IDF) and police and Palestinian worshippers at Al-Aqsa Mosque and throughout the
Haram al-Sharif compound that erupted on 28 September 2000. Violent
confrontations also took place all across the West Bank and the Gaza Strip.
According to media reports, 40 Palestinians died in the clashes. Altogether, some
1,500 people were reported injured. Reports indicate that most of the dead and
injured sustained wounds caused by rubber-coated metal bullets and live
ammunition. Moreover, excessive force was used by IDF against the Palestinian
protesters, including tanks, helicopter gunships, anti-tank missiles and grenades.
On behalf of the Committee on the Exercise of the Inalienable Rights of the
Palestinian People, I would like to express the gravest and growing concern at the
continued confrontations in the Old City of Jerusalem and throughout the West Bank
and the Gaza Strip. The Committee is dismayed by the loss of life as a result of
these confrontations. It is particularly saddened by the tragic deaths of innocent
Palestinian children.
The Committee is of the view that the events of the past several days are a
direct result of the policies and practices of the Israeli occupation. To this day, Israel
has continued to violate its obligations under the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949 (the Fourth
Geneva Convention), and the provisions of dozens of Security Council and General
Assembly resolutions. Our Committee has warned on a number of occasions that
Israel’s failure to live up to those principles, as well as the continued lack of
progress in the Israeli-Palestinian peace negotiations, would allow despair and
frustration to set in, putting the peace process in considerable jeopardy and leading
to increased volatility on the ground.
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The Committee therefore addresses an urgent appeal to you, as well as to all
the parties concerned, to take the necessary steps in order to induce Israel to abide
by its obligations and responsibilities under the Fourth Geneva Convention, to
guarantee its respect for the Holy Places and to ensure international protection of the
Palestinian people.
In the light of the above, the Committee reiterates its long-standing position
that the United Nations should continue to exercise its permanent responsibility
towards all the aspects of the question of Palestine, including the issue of Jerusalem,
until it is resolved in a satisfactory manner, in conformity with relevant United
Nations resolutions and in accordance with international legitimacy, and until the
inalienable rights of the Palestinian people are fully realized.
I should be grateful if you would have this letter circulated as a document of
the General Assembly, under agenda item 41, and of the Security Council.
(Signed) Ibra Deguène Ka
Chairman of the Committee on the Exercise of the
Inalienable Rights of the Palestinian People
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United Nations A/55/1023–S/2001/750
General Assembly
Security Council
Distr.: General
30 July 2001
Original: English
01-47409 (E) 310701 310701
*0147409*
General Assembly
Fifty-fifth session
Agenda items 40 and 41
The situation in the Middle East
Question of Palestine
Security Council
Fifty-sixth year
Letter dated 30 July 2001 from the Permanent Representative of
Qatar to the United Nations addressed to the Secretary-General
I have the honour, in my capacity as Chairman of the Organization of the
Islamic Conference, to transmit herewith to you a statement by an official source at
the Foreign Ministry of the State of Qatar, dated 30 July 2001, concerning the State
of Qatar’s condemnation and denouncement of a group to lay down the foundation
stone at the alleged Temple in the Al-Haram Al-Qudsi Al-Sharif (see annex).
I should be grateful if you would have the present letter and its annex
circulated as a document of the General Assembly, under agenda items 40 and 41,
and of the Security Council.
(Signed) Nassir Abdulaziz Al-Nasser
Ambassador
Permanent Representative
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S/2001/750
Annex to the letter dated 30 July 2001 from the Permanent
Representative of Qatar to the United Nations addressed to the
Secretary-General
[Original: Arabic]
The State of Qatar, in its capacity as current Chairman of the Organization of
the Islamic Conference, has expressed its disapproval and condemnation of the
dangerous Israeli escalation exemplified by the decision of an extremist religious
group to lay a cornerstone for the alleged Temple at the Haram al-Sharif in
Jerusalem. This is a provocation to religious sentiments and is to be regarded as an
affront to the sanctity of the Islamic Holy Places and an act of wanton aggression
against them.
In a statement to the Qatar News Agency, an authoritative source in the
Ministry of Foreign Affairs said that this criminal act is a violation of the sanctity of
the Islamic Holy Places and of the heritage of human civilization. It is an open
affront to the sentiments of the Arab and Muslim peoples of the world and may thus
ignite the situation in the region, over and above the fact that it represents a
violation of international law and custom.
The source appealed to the international community and to the Security
Council and its permanent members to meet their responsibility to prevent such
provocation.
The source urged the co-sponsors of the peace process, the United States and
the Russian Federation, as well as the European Union to take immediate action to
halt such grave outrages against the sanctity of Jerusalem and to create more
appropriate conditions for a resumption of the peace process in the Middle East.
In concluding his statement, the source stressed that the State of Qatar, as
current Chairman of the Organization of the Islamic Conference, would support the
Palestinian people in its just struggle to regain its land and its legitimate rights in
accordance with the relevant United Nations resolutions and the principle of land for
peace, and he called upon Israel to respond to all the international initiatives and
efforts being made for the establishment of peace, security and stability in the
Middle East region.
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United Nations A/61/736–S/2007/76
General Assembly
Security Council Distr.: General
9 February 2007
Original: English
07-23447 (E) 120207
*0723447*
General Assembly
Sixty-first session
Agenda items 13 and 14
The situation in the Middle East
Question of Palestine
Security Council
Sixty-second year
Letter dated 9 February 2007 from the Permanent Representative
of Azerbaijan to the United Nations addressed to the
Secretary-General
In may capacity as Chairman of the Organization of the Islamic Conference
(OIC) Group at the United Nations in New York, I have the honour to transmit
herewith a statement issued by the OIC Group on 8 February 2007 concerning the
grave situation in occupied East Jerusalem (see annex).
I should be grateful if the present letter and its annex were to be urgently
distributed as a document of the sixty-first session of the General Assembly, under
agenda items 13 and 14, and of the Security Council.
(Signed) Agshin Mehdiyev
Ambassador
Permanent Representative
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S/2007/76
2 07-23447
Annex to the letter dated 9 February 2007 from the Permanent
Representative of Azerbaijan to the United Nations addressed
to the Secretary-General
Statement issued by the Ambassadorial Level Meeting of the
Organization of the Islamic Conference (OIC) Group to the
United Nations on 8 February 2007
The OIC Group at the United Nations in New York met on 8 February 2007, at
the Ambassadorial level, to consider the grave situation in occupied East Jerusalem,
as a result of Israeli aggression against the Holy City and the blessed Al-Aqsa
Mosque, and issued the following statement:
The OIC Group at the United Nations in new York expresses its strong
condemnation of Israel’s heinous aggression against the blessed Al-Aqsa Mosque
and the holy City of Al-Quds Al-Shareef by demolishing a historic road connecting
Bab Al-Maghariba with the Holy Al-Aqsa Mosque Compound, in addition to two
rooms adjacent to Al-Buraq Wall. The OIC Group also condemns Israel’s continued
excavation works beneath the Holy Al-Aqsa Mosque Compound, undermining its
foundations and threatening it with collapse. The OIC Group considers these acts
and measures taken by Israel, the occupying Power, a provocation to the feelings
and sentiments of more than one billion Muslims in the world. The OIC Group
denounces Israel’s continued policy in denying Palestinian worshippers access to
their religious sites.
The OIC Group stresses that these Israeli provocative actions are not the first
of their kind. Since 1968, the Security Council has adopted 16 resolutions,
particularly resolution 465 (1980), and has repeatedly declared that measures and
arrangements taken by Israel, the occupying Power, which aim at changing the legal
status, demographic composition and character of the City of Al-Quds Al-Shareef
are null and void and without any legal validity whatsoever, Further more, the Security
Council has repeatedly reaffirmed the applicability of the Fourth Geneva Convention of
1949 to all the territories occupied by Israel in 1967, including East Jerusalem.
The OIC Group stresses that Israel, the occupying Power, by escalating its
aggression against Al-Quds Al-Shareef, and creating new facts on the ground, raises
doubts over its seriousness to resume the peace process which aims at achieving a
just settlement of the Palestinian question, seriously threatens all efforts exerted to
revive the political process, and aborts any possibility for negotiations on the final
status issues, particularly the issue of Al-Quds Al-Shareef.
The OIC Group, reaffirming the centrality of the cause of Al-Quds Al-Shareef
for the whole Islamic Ummah, affirms the firm position of the Organization of the
Islamic Conference, for which the cause of Palestine and Al-Quds Al-Shareef was
the raison d’être, on the preservation of the Arab and holy characters of the City of
Al-Quds Al-Shareef.
The OIC Group, emphasizing the need to prevent further escalation in the
situation in the region, calls upon the Security Council, as the body responsible for
maintaining international peace and security, to take immediate and urgent action in
order to bring an end to Israeli intransigence and violations against the blessed
Al-Aqsa Mosque and Al-Quds Al-Shareef, and to guarantee Israel’s respect for the
Council’s resolutions and for international law, particularly international
humanitarian law.
HP EXHIBIT 120
1321
United Nations A/61/738–S/2007/80
General Assembly
Security Council Distr.: General
12 February 2007
English
Original: Arabic
07-23522 (E) 120207 120207
*0723522*
General Assembly
Sixty-first session
Agenda items 13 and 14
The situation in the Middle East
Question of Palestine
Security Council
Sixty-second year
Identical letters dated 9 February 2007 from the Permanent
Representative of Kuwait to the United Nations addressed to the
Secretary-General and the President of the Security Council
In my capacity as Chairman of the Arab Group and at the behest thereof, I
should like to draw your attention to the recent escalation triggered by the Israeli
occupying power, consisting in the carrying out of excavation work in the sensitive
area surrounding Al-Haram al-Sharif (sacred precinct of Al-Aqsa Mosque) in the
city of Al-Quds al-Sharif, where Israeli equipment has carried out operations of
demolition and excavation of the historic way leading to the Maghariba Gate, one of
the principal gates connected with the Western Wall of the Haram al-Sharif, on
flimsy pretexts, i.e., the rebuilding of the path, alleging that this will not affect the
foundations of the Al-Aqsa Mosque.
The States members of the Arab Group condemn these acts, which constitute a
dangerous escalation and flagrant aggression against Islamic holy places, and
consider the provocative measures taken by Israel as constituting a clear violation of
the relevant General Assembly and Security Council resolutions, in particular
Security Council resolution 465 (1980). In those resolutions, the international
community emphasized that all measures taken by Israel, the occupying power,
including legislative and administrative measures, aimed at altering the legal status
of the occupied city of Al-Quds and its demographic structure, are null and void. In
many of its resolutions, moreover, the Security Council reaffirmed the applicability
of the fourth Geneva Convention of 1949 to all territories occupied by Israel since
1967, including Al-Quds.
The fact that Israel, the occupying power, has carried out this grave act of
aggression casts doubt on its earnestness regarding the reactivation of the peace
process aimed at a just settlement of the Palestinian question on the basis of the
resolutions constituting international legitimacy, first and foremost Security Council
resolutions 242 (1967) and 338 (1973), the principle of land for peace, the road map
and the Arab peace initiative.
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What is more, such practices can only preclude any possibility of negotiations
on final solution issues, the most important being the question of Al-Quds, through
the creation of new facts on the ground aimed at imposing a fait accompli and
prejudicing the outcome of the negotiations.
The members of the Arab Group, warning of the consequences of continued
demolition and excavation work to obliterate Islamic landmarks in the area
surrounding Al-Aqsa Mosque, owing to the negative repercussions and grave
consequences of such acts on peace and security in the region, call upon the
Security Council, as the body charged under the Charter of the United Nations with
maintaining international peace and security, to take immediate emergency measures
to put a stop the Israeli Government’s plans and prevail upon it to respect the
resolutions constituting international legitimacy.
I should be grateful if you would have this letter circulated as a document of
the General Assembly and of the Security Council.
Accept, Sir, the assurances of my highest consideration.
(Signed) Abdullah Ahmed Mohamed Al-Murad
Chairman of the Arab Group and Permanent Representative
of the State of Kuwait to the United Nations
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United Nations A/62/506
General Assembly Distr.: General
30 October 2007
Original: English
07-57374 (E) 021107
*0757374*
Sixty-second session
Agenda item 18
Question of Palestine
Letter dated 17 October 2007 from the Permanent
Representative of Pakistan to the United Nations
addressed to the Secretary-General
I have the honour to enclose, in my capacity as Chair of the Organization of
the Islamic Conference (OIC) Group at New York, a statement on behalf of the
Organization of the Islamic Conference regarding the decision of the Israeli
Government to resume excavation work beneath the Holy Al-Aqsa Mosque
Compound (see annex).
It is requested that the present letter and its annex kindly be issued as a
document of the General Assembly, under agenda item 18.
(Signed) Munir Akram
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Annex to the letter dated 17 October 2007 from the Permanent
Representative of Pakistan to the United Nations addressed to
the Secretary-General
Statement by the Organization of the Islamic Conference Group
on the decision of the Israeli Government to resume excavation
work beneath the Holy Al-Aqsa Mosque Compound
The Organization of the Islamic Conference (OIC) Group strongly condemns
the decision of the Israeli Government to resume excavation work beneath the Holy
Al-Aqsa Mosque Compound and the demolition of the historic road connecting Bab
Al-Maghariba with the Holy Al-Aqsa Mosque Compound, which are seriously
undermining its foundation and threatening it with collapse.
The OIC Group reaffirms its grave concern over the nature and objective of
the Israeli archaeological work at the Haram El Sharif, which could alter the
outstanding universal cultural value of the Haram El Sharif and the old city of
Jerusalem.
The OIC Group believes that such actions on the part of Israel have a negative
impact on the current efforts to create the appropriate political environment between
the Palestinian and Israeli sides to revive the peace process and to resume the final
status negotiations.
The OIC Group demands that Israel fully comply with its legal obligations
according to international law, particularly the Fourth Geneva Convention of 1949,
which is applicable to all of the territories occupied by Israel since 1967, including
East Jerusalem.
The OIC Group calls upon the international community, particularly the
Security Council, to compel Israel, the occupying Power, to rescind its decision and
to cease all such actions and measures aimed at the judaization of the Holy City of
Al-Quds Al-Sharif and changing its legal status, character and demographic
composition.
HP EXHIBIT 122
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United Nations A/ES-10/462–S/2009/494
General Assembly
Security Council Distr.: General
29 September 2009
Original: English
09-53279 (E) 300909
*0953279*
General Assembly
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East
Jerusalem and the rest of the Occupied
Palestinian Territory
Security Council
Sixty-fourth year
Identical letters dated 28 September 2009 from the Permanent
Observer of Palestine to the United Nations addressed to the
Secretary-General and the President of the Security Council
As we begin the sixty-fourth session of the General Assembly, we are
reminded once again of the importance of this organization as the upholder and
defender of international law in all circumstances and for all peoples. Yet even as
the declarations spoken by world leaders before the General Assembly continue to
resonate around the globe, the renewed sense of hope, prompted by their pledges to
uphold the law and the purposes and principles of the United Nations, including by
pursuit of the long overdue just and peaceful settlement of the question of Palestine,
is being vehemently tested by the unchecked aggression and intransigence of Israel,
the occupying Power, in the Occupied Palestinian Territory, including East
Jerusalem.
We write to you today with urgency to draw attention to the hostile and
aggressive actions perpetrated on Sunday, 27 September, in Occupied East
Jerusalem at the sacred compound of Al-Haram Al-Sharif. The Israeli occupying
forces attacked Palestinian worshippers at Al-Haram Al-Sharif after midday prayers
as they attempted to fend off over 150 Israeli extremists from breaking into the Holy
Compound under the watch and guard of the occupying forces. Tear gas, rubbercoated
steel bullets and batons were used in the Israeli attack against the Palestinian
worshippers, which resulted in the injury of at least 40 civilians and the arrest of 5
others. Among the injured were 73-year-old Mohamad Al-Julani, who was shot by a
rubber-coated steel bullet in the eye, 20-year-old Rami Al-Fakhourin, who was also
shot in the eye by a rubber-coated steel bullet, and 31-year-old Adel Al-Alsilwadi,
who was shot by a rubber-coated steel bullet in the chest.
Following the attack at Al-Haram Al-Sharif, the occupying Power deployed
large military and police contingents throughout Occupied East Jerusalem and
imposed the regrettably familiar punitive measures of collective punishment by
closing off the Holy Compound.
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The clashes that ensued following the confrontation were painfully reminiscent
of previous provocations, sanctioned by successive Israeli governments, that
resulted in dangerous escalations on the ground in the Occupied Palestinian
Territory. In this regard, it is imperative to recall that the provocative act perpetrated
by Ariel Sharon, under the guard of hundreds of occupying forces, at Al-Haram Al-
Sharif nine years ago to this day, on 28 September 2000, was the act that ignited the
high tensions prevailing and led to the outbreak of the second Palestinian intifada
(uprising) against the Israeli occupation.
Moreover, it cannot be overlooked that such provocations are constantly
fuelled by the continuing incitement of Israeli officials who promote and support
Israeli settlers and extremists whose actions fuel religious tensions, hostility and
needless violence. Stark examples of such malicious, racist and aggressive
incitement are the statements made by Arieh Eldad and Michael Ben Ari, two radical
members of the Israeli Knesset, who criticized the Israeli occupation authorities for
not cracking down hard enough on Palestinian worshippers. In the same vein,
Uri Ariel, another radical Israeli parliamentarian, declared that the Israeli forces
should do more to allow right-wing Israeli zealots into Al-Haram Al-Sharif.
As we alert the international community to the escalating tensions and
instability on the ground, we must reiterate that the events of the past 24 hours are
not the result of chance. Rather, they are the outcome of predetermined and wilful
Israeli efforts, with official support, complicity and participation, to dodge
commitments made in the peace process and thus continue to avert the resumption
of this process towards the realization of its objectives, on which there is a firm
international consensus. Undeniably, a clear trend exists of actions undertaken by
successive Israeli governments to sabotage peace efforts, particularly when the
international calls and the international will to end the occupation and achieve a just
and lasting peace in the region are intense, as they are in the current period.
In this regard, it should be recalled that in 1996, Benjamin Netanyahu, Prime
Minister at the time, provoked and fuelled a needless episode of violence and
bloodshed by permitting the clandestine digging of a tunnel under Al-Haram
Al-Sharif by Jewish extremists who publicly declare their goal of demolishing the
Holy Compound. And in 2000, even as vigorous efforts were being exerted to
advance the peace process by the United States administration of President Bill
Clinton, it was under the watch of then Prime Minister Ehud Barak that opposition
leader Ariel Sharon was permitted to enter Al-Haram Al-Sharif, which inflamed
sensitivities and sparked widespread Palestinian protests, launching the intifada, and
a violent Israeli response resulting in thousands of deaths and injuries as well as the
imposition of severe and unlawful measures of collective punishment from which
the Palestinian civilian population continues to suffer to this very day.
Moreover, we have repeatedly witnessed the escalation of Israeli colonization
activities throughout all stages of the peace process over the past 16 years, in total
contradiction to the goal of the peace process and in total defiance of the
international will and consensus rejecting Israeli settlement activities and calling for
their complete cessation. It is without doubt that such continuing illegal Israeli
actions in the Occupied Palestinian Territory, particularly in and around Occupied
East Jerusalem, have time and again obstructed peace efforts and called into
question Israel’s credibility as a peace partner and the viability of the process itself.
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09-53279 3
At this critical juncture, there is a renewed and overwhelming international
rallying of support to restart final status negotiations between Palestinians and
Israelis towards bringing a definitive end to the Israeli occupation that began in
1967, establishing a viable, contiguous, and sovereign Palestinian state, and hence
achieving a just and lasting peace in the region. This was clearly evident during the
general debate of the General Assembly, including, inter alia, in the pronouncements
of United States President Barack Obama, and the Palestinian leadership, in line
with its principled commitment to a peaceful resolution of the conflict, welcoming
this international support.
However, the general debate also exposed the other part of the stalled peace
equation: the clear determination of the current Israeli government to persist in its
intransigence and obstruct any meaningful effort to reach peace. This was evident in
the speech made by Israel’s Prime Minister, who reaffirmed his government’s
disdain for the United Nations and the resolutions it has adopted on the question of
Palestine on the basis of international law and principles. This disregard is also
painfully evident on the ground, especially in Occupied East Jerusalem, where
settlement activities persist, settlers are being transferred daily, and Palestinian
civilians continue to be forcefully evicted from their homes, and their socioeconomic
life and connections to their brethren in the rest of the Occupied
Palestinian Territory choked by the severe restrictions imposed by the occupying
Power. Indeed, as Israeli bulldozers and occupation authorities continue to create
new colonial facts on the ground in the Occupied Palestinian Territory, including
East Jerusalem, the Israeli government is also trying to provoke violence and
tension in order to buy time to perpetrate yet more violations of international law
and commitments. This requires immediate attention and redress.
The international community cannot stand idly by as Israel, the occupying
Power, persists in illegal and aggressive actions that will only serve to inflame
tensions and instability and further conflict. Instead, the international community,
including the Security Council, must exert the necessary efforts to uphold its
responsibilities and legal obligations to protect and enforce international law. We
must stand true to our agreed principles and defend international law from being
turned into hollow words and empty promises by the intransigent behaviour of those
who continue to act as States above the law.
We thus appeal for urgent action to quickly and decisively prevent the situation
from further escalation and assist in promoting the appropriate environment, one
characterized by respect for international law, for the resumption of accelerated
peace negotiations for the achievement of the two-State solution on the basis of the
1967 borders, in accordance with the relevant Security Council resolutions, the
principle of land for peace, the Arab Peace Initiative and the Roadmap.
This letter is in follow-up to our previous 343 letters to you regarding the
ongoing crisis in the Occupied Palestinian Territory, including East Jerusalem, since
28 September 2000. These letters, dated from 29 September 2000 (A/55/432-
S/2000/921) to 10 September 2009 (A/ES-10/461-S/2009/453), constitute a basic
record of the crimes being committed by Israel, the occupying Power, against the
Palestinian people since September 2000. For all of these war crimes, acts of State
terrorism and systematic human rights violations committed against the Palestinian
people, Israel, the occupying Power, must be held accountable and the perpetrators
must be brought to justice.
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I should be grateful if you would arrange to have the text of the present letter
distributed as a document of the tenth emergency special session of the General
Assembly, under agenda item 5, and of the Security Council.
(Signed) Riyad Mansour
Ambassador
Permanent Observer of Palestine to the United Nations
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1331
United Nations A/ES-10/464–S/2009/513
General Assembly
Security Council Distr.: General
6 October 2009
Original: English
09-54708 (E) 071009
*0954708*
General Assembly
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and the
rest of the Occupied Palestinian Territory
Security Council
Sixty-fourth year
Identical letters dated 5 October 2009 from the Chargé d’affaires a.i.
of the Permanent Observer Mission of Palestine to the
United Nations addressed to the Secretary-General and
the President of the Security Council
I write to you in follow-up letter to our recent letter (A/ES-10/462-
S/2009/494), regarding the tense and deteriorating situation in the Occupied
Palestinian Territory, especially in Occupied East Jerusalem, due to the blatant
provocations and illegal actions that continue to be committed by Israel, the
occupying Power.
On Sunday, 4 October 2009, the occupying Power once again used excessive
force in repressing Palestinian worshippers trying to defend Al-Haram Al-Sharif and
Al-Aqsa mosque from incursions by extremist and militant Israeli settlers, whose
repeated threats continue to incite further extremism and provoke an already volatile
situation. Among those brutally beaten and detained by the Israeli occupying forces
was elected Jerusalem Parliamentarian Hatem Abdel Qader, who was also fined
nearly 6,000 dollars and banned from the Occupied City, his birthplace and home.
The recent clashes, as well as the widespread arrest and detention campaign
and deployment of occupying forces in East Jerusalem, have also been accompanied
by increasingly racist and provocative remarks against the indigenous Palestinian
population of the city. These provocations are being carried out in addition to the
incessant, aggressive and illegal Israeli colonization measures being perpetrated in
Occupied East Jerusalem and the rest of the Occupied West Bank, which continues
to witness the construction and expansion of settlements and all related settlement
infrastructure and the continued deliberate transfer of Israeli settlers.
Construction is under way on approximately 800 new settlement units in
34 different illegal Israeli settlements across the Occupied Palestinian Territory. In
addition, in a flagrant and defiant demonstration of Israel’s total disdain for the clear
international consensus in rejection of all settlement activities, plans are apparently
proceeding for the approval of construction of a new Israeli settlement in the village
of Al-Walajeh near Bethlehem — deep into the Occupied West Bank.
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Such illegal actions and incitement only reconfirm the Palestinian belief that
the current right-wing Israeli Government is only interested in impeding peace
efforts in the region and establishing a vast web of illegal facts on the ground that
directly contradict and sabotage the very principle of the two-State solution for
peace on the basis of the 1967 borders.
Indeed, while the Palestinian side continues to do its utmost to uphold its
obligations and commitments and to promote an environment conducive for the
pursuit of a just and final peace settlement, Israel, the occupying Power, continues
to fervently attempt to alter the demographic composition, geography, character and
status of Occupied East Jerusalem and the rest of the Occupied Palestinian Territory,
not seeking peace but seeking to annex de facto even more Palestinian land, in
flagrant violation of international law and United Nations resolutions. The
persistence of such illegal, immoral and aggressive behaviour will not only cause
the further deterioration and destabilization of the situation on the ground, with the
consequent heightened suffering and hardship for the Palestinian civilian
population, but will also nullify any attempts for a resumption of the peace process.
Such belligerent disrespect for international humanitarian law and the relevant
United Nations resolutions, which undoubtedly represent the will of the
international community, must be a cause of grave concern to us all. Further, it must
be a strong incentive for urgent and unwavering efforts, including by the Security
Council, to compel Israel to abide by its legal obligations, including those to which
it has publicly committed itself, and to cease behaving as though it were a State
above the law. Wavering in this regard, including by standing idly by as Israel
persists with this reckless and dangerous campaign, would be extremely detrimental
to the efforts to revive the peace process and would serve as a severe blow to the
very credibility of these ongoing international peace efforts. We thus urge rapid and
decisive action to prevent this volatile situation from escalating further.
This letter is in follow-up to our previous 344 letters to you regarding the
ongoing crisis in the Occupied Palestinian Territory, including East Jerusalem, since
28 September 2000. These letters, dated from 29 September 2000 (A/55/432-
S/2000/921) to 28 September 2009 (A/ES-10/462-S/2009/494), constitute a basic
record of the crimes being committed by Israel, the occupying Power, against the
Palestinian people since September 2000. For all of these war crimes, acts of State
terrorism and systematic human rights violations committed against the Palestinian
people, Israel, the occupying Power, must be held accountable and the perpetrators
must be brought to justice.
I should be grateful if you would arrange to have the text of the present letter
distributed as a document of the tenth emergency special session of the General
Assembly, under agenda item 5, and of the Security Council.
(Signed) Feda Abdelhady-Nasser
Chargé d’affaires, a.i.
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United Nations A/ES-10/467–S/2009/554
General Assembly
Security Council Distr.: General
27 October 2009
Original: English
09-57862 (E) 281009
*0957862*
General Assembly Security Council
Tenth emergency special session Sixty-fourth year
Agenda item 5
Illegal Israeli actions in Occupied East
Jerusalem and the rest of the Occupied
Palestinian Territory
Letter dated 26 October 2009 from the Permanent Observer of
Palestine to the United Nations addressed to the Secretary-General
I write to you today with urgency regarding the perpetration once again of
hostile and aggressive actions in Occupied East Jerusalem at the sacred compound
of Al-Haram Al-Sharif. We reiterate our appeal for due attention to be given to such
acts of violence, provocation and incitement, which threaten to exacerbate already
high tensions and sensitivities and to further destabilize the situation on the ground.
In the early morning hours of Sunday, 25 October, the Israeli occupying forces
stormed Al-Haram Al-Sharif compound and fired stun grenades, tear gas and rubbercoated
steel bullets at Palestinian worshippers. The Israeli attack resulted in the
injury of at least 30 civilians and the detention of 20 others, including Mr. Hatim
Abdul Qader, the former Palestinian Authority Minister of Jerusalem Affairs. Also
among the injured were women, children, and five Palestinian journalists. Despite
the use of force and the wounding of many, the Israeli occupying forces refused to
grant the medical teams access to evacuate the injured for more than three hours.
The Palestinian civilians who had been at the holy compound gathered there
the night before following calls by radical Jewish clerics to their followers to go to
the compound. There was also a call by an extremist Israeli religious group, “Eretz
Israel Shelanu”, which had urged its followers “to properly arise to the Temple
Mount”. According to Israeli reports, a number of Israeli lawmakers and rabbis were
among those expected to participate. Instead of taking appropriate measures against
such acts of provocation and incitement by Israeli extremists that inflame religious
tensions and fuel senseless violence, the Israeli occupying forces decided to turn
their brutality against Palestinian civilians who had been at the holy compound.
Following the raid at Al-Haram Al-Sharif, the occupying Power deployed large
military and police contingents throughout Occupied East Jerusalem and imposed
measures of collective punishment in and around the city.
The clashes that ensued following this confrontation are painfully reminiscent
of previous provocations, sanctioned by successive Israeli Governments, which have
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resulted in dangerous escalations on the ground in the Occupied Palestinian
Territory. It is imperative to recall that these offensive acts of incitement and
provocation are rooted in the Government’s extremist position on and incessant
aggression against Jerusalem and are constantly fuelled by the incitement of Israeli
officials who promote and support Israeli settlers and extremists. In this regard, just
hours following the attack on Palestinian civilians at Al-Haram Al-Sharif, a group of
Israeli extremists held an event in Jerusalem that was attended by a number of
Knesset members and chief rabbis during which calls were made by radical speakers
like Hillel Weiss, Moshe Feiglin, Rabbi Yehuda Glick and Rabbi Dov Lior to take
control over the holy compound.
As noted in our previous letters on the situation in Occupied East Jerusalem,
we reiterate that recent events are the product of predetermined and wilful efforts,
with official Israeli complicity and support, to sabotage the efforts to resume the
peace process. Such a clear pattern of illegal Israeli actions in the Occupied
Palestinian Territory, particularly in and around Occupied East Jerusalem, run
against repeated international calls as well as the international will to end the
occupation and to end this tragic and bitter conflict. As evidenced by history, over
the past decade and a half, Israel has spared no effort to obstruct peace efforts,
calling into serious question its credibility as a peace partner and the viability of the
process itself.
At this critical juncture, the international community cannot stand idly by as
Israel, the occupying Power, persists in illegal and aggressive actions, particularly in
Occupied East Jerusalem. The necessary efforts must be exerted, including by the
Security Council, to uphold its responsibilities and legal obligations to protect and
enforce international law and prevent an already volatile situation from further
escalating. Israel, the occupying Power, must be made well aware that the
international community will neither recognize nor condone the illegal acts it is
attempting to create and entrench in the Occupied Palestinian Territory, including in
East Jerusalem.
We thus call for urgent action to compel Israel to cease its illegal practices and
to scrupulously abide by all of its legal obligations, including under the Fourth
Geneva Convention. This is imperative for preventing the further deterioration and
destabilization of the situation and for ensuring the appropriate environment for the
resumption of accelerated peace negotiations for the achievement of the two-State
solution through establishing a viable, contiguous, and sovereign Palestinian state
with East Jerusalem as its capital and ending the Israeli occupation that began in
1967 in accordance with the relevant Security Council resolutions, the principle of
land for peace, the Arab Peace Initiative and the Road Map. Israel must be called
upon to prove that it actually is committed to peace and international law and not be
permitted to continue with actions totally to the contrary.
This letter is in follow-up to our previous 346 letters to you regarding the
ongoing crisis in the Occupied Palestinian Territory, including East Jerusalem, since
28 September 2000. These letters, dated from 29 September 2000 (A/55/432-
S/2000/921) to 13 October 2009 (A/ES-10/466-S/2009/534), constitute a basic
record of the crimes committed by Israel, the occupying Power, against the
Palestinian people since September 2000. For all of these war crimes, acts of State
terrorism and systematic human rights violations committed against the Palestinian
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people, Israel, the occupying Power, must be held accountable, and the perpetrators
must be brought to justice.
I should be grateful if you would arrange to have the text of the present letter
distributed as a document of the tenth emergency special session of the General
Assembly, under agenda item 5, and of the Security Council.
(Signed) Riyad Mansour
Ambassador
Permanent Observer of Palestine to the United Nations
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United Nations A/ES-10/479–S/2010/122
General Assembly
Security Council Distr.: General
5 March 2010
Original: English
10-26166 (E) 080310
*1026166*
General Assembly
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
Security Council
Sixty-fifth year
Identical letters dated 5 March 2010 from the Permanent
Observer of Palestine to the United Nations addressed to the
Secretary-General and the President of the Security Council
In follow-up to my letter of two days ago and recent letters regarding the
critical situation in the Occupied Palestinian Territory, including East Jerusalem, I
regret to inform you that tensions have continued to rise, resulting in greater unrest
and instability on the ground. This deterioration is clearly linked to the continuous
aggravation and inflammation of the situation by Israel, the occupying Power, and
its illegal practices, provocations and incitement against the Palestinian people
throughout the Occupied Territory. If left unaddressed, this fragile situation will
surely lead to further destabilization, with vastly negative repercussions in the area
as well as in the region.
Today, in a clear indication of rising frustrations and tensions, the holy
Al-aram Al-Sharif compound in Occupied East Jerusalem regrettably once again
witnessed turmoil. Following the Friday prayers at Al-Aqsa Mosque, Israeli
occupying forces stormed the compound, firing tear gas, rubber-coated bullets and
stun grenades at Palestinian men, women and youth that had been worshipping
there. Further provoked by the intense presence of the Israeli occupying forces in
this sacred area, clashes erupted between the occupying forces and the Palestinian
worshippers at the compound and in other places in the Old City. In this regard, it is
imperative to bear in mind the heightened religious sensitivities and anger
prevailing due to repeated Israeli illegal attempts to alter the character, composition
and status of the Palestinian Territory, particularly in East Jerusalem, and to control
holy sites, as indicated by the recent Israeli declarations regarding holy sites in
Al-Khalil (Hebron) and Bethlehem.
Dozens of Palestinians were injured by the occupying forces today in East
Jerusalem, with reports that at least 60 people may have suffered injuries, including
one Palestinian woman who was shot in the head with a rubber bullet and is
currently hospitalized in serious condition. At the same time, witnesses report that
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the Israeli occupying forces even prevented Palestine Red Crescent medics from
reaching and treating the many who were injured during this outbreak of violence.
Such escalating tensions were also evident today in other areas throughout the
Occupied West Bank, indicating the truly detrimental and inflammatory impact of
recent provocative and illegal Israeli actions. This included attempts by the Israeli
occupying forces to confront Palestinian demonstrators in Al-Khalil (Hebron),
including outside Al-Haram Al-Ibrahimi as well as attacks by the occupying forces
on Palestinian civilians demonstrating in the village of Bil’in, west of Ramallah. In
Bil’in, as the civilians marched peacefully from the centre of the village towards the
Wall, the occupying troops fired tear gas, rubber bullets and sound bombs at the
crowd, instigating clashes, and also fired tear gas directly at journalists and
television crews at the scene, clearly aimed at obstructing reporting of the violence
being perpetrated by the Israeli occupying forces against the civilian demonstrators.
All of these incidents are indications of the increasing tumult and instability
being caused by deliberate, relentless and illegal Israeli actions against Palestinian
civilians, their lands, their properties and their heritage in the Occupied Palestinian
Territory, particularly in and around East Jerusalem and other holy sites. Once
again, we alert the international community to the dangers of the further escalation
of the situation. This requires immediate attention because, clearly, if permitted to
continue acting with such impunity, Israel’s aggressive and illegal actions threaten
to ignite yet another devastating cycle of violence and loss that will drag us farther
and farther away from the peace and stability we seek.
At this particular moment in time, when concerted efforts are being exerted by
the international community to salvage the prospects for peace, including by the
United States of America in its efforts to restart peace negotiations, it is obvious that
the continuation of such unlawful and provocative Israeli behaviour will render any
and all efforts null. In this regard, it must be stated that all recent illegal and
provocative Israeli measures further seriously call into question Israel’s genuineness
and credibility as a peace partner.
We thus reiterate our call on the international community, including the
Security Council, to uphold their responsibilities under the Charter, international
law, including international humanitarian law and human rights law, and the relevant
United Nations resolutions to compel Israel to cease all illegal policies and
measures in order to stem the deterioration of the situation in the Occupied
Palestinian Territory, including East Jerusalem, and to promote a climate truly
conducive to the pursuit of peace.
This letter is in follow-up to our previous 358 letters regarding the ongoing
crisis in the Occupied Palestinian Territory, including East Jerusalem, since
28 September 2000. Those letters, dated from 29 September 2000 (A/55/432-
S/2000/921) to 3 March 2010 (A/ES-10/478-S/2010/119) constitute a basic record of
the crimes being committed by Israel, the occupying Power, against the Palestinian
people since September 2000. For all of these war crimes, acts of State terrorism
and systematic human rights violations committed against the Palestinian people,
Israel, the occupying Power, must be held accountable and the perpetrators must be
brought to justice.
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I should be grateful if you would arrange to have the text of the present letter
distributed as a document of the tenth emergency special session of the General
Assembly, under agenda item 5, and of the Security Council.
(Signed) Riyad Mansour
Ambassador
Permanent Observer of Palestine to the United Nations
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United Nations A/ES-10/547–S/2012/116
General Assembly
Security Council Distr.: General
27 February 2012
Original: English
12-24294 (E) 290212
*1224294*
General Assembly
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
Security Council
Sixty-seventh year
Identical letters dated 24 February 2012 from the Permanent
Observer of Palestine to the United Nations addressed to the
Secretary-General and the President of the Security Council
I must draw your urgent attention to the dangerously rising tensions in
Occupied East Jerusalem. The illegal policies and the constant provocations and
incitement by Israel, the occupying Power, and its extremist settlers against the
Palestinian people, their land and their holy places continue to exacerbate tensions
and religious sensitivities between the two sides, risking further destabilization of
an already fragile situation on the ground.
In this regard, I must inform you of the extremely worrying developments
today, 24 February, at Al-Haram Al-Sharif (the Noble Sanctuary) in Occupied East
Jerusalem, in which Israeli occupying forces stormed the holy compound and used
excessive force against worshippers. The incidents took place after the Friday noon
prayers at Al-Haram Al-Sharif, which houses Al-Aqsa Mosque and Qubbat
Al-Sakhra (the Dome of the Rock), when hundreds of Palestinian worshippers began
a demonstration in protest of the recent threats and declared attempts by Jewish
extremists to enter the holy compound. According to reports, the Israeli occupying
forces unleashed tear gas, stun grenades, sound bombs and rubber bullets against the
demonstrators, causing fear and panic to spread among them. Medics with the Red
Crescent Society have reported that around 30 Palestinians were injured. In
addition, at least 13 Palestinians are said to have been detained by the occupying
forces.
The international community must pay heed to the escalation of tensions and
confrontations in and around Al-Haram Al-Sharif, since the potential for a refuelling
of the cycle of violence as a result of such provocations is very real. As noted in
recent prior letters, the holy compound and other Muslim and Christian holy sites
throughout Occupied East Jerusalem and the rest of the Occupied Palestinian
Territory continue to be subjected to threats, incitement and desecration by
extremist Israeli settlers as well as constant provocations by right-wing Israeli
officials, and this has led to escalating concerns among the Palestinian people and
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their leadership about the potential for further crisis in this most sensitive area.
Recent threats against Al-Haram Al-Sharif have included postings on an extremist
Jewish website threatening a mass incursion into the holy compound to “exercise
Jewish sovereignty” over the area. Such incitement has been coupled by calls by
right-wing Israeli leaders for Jews to come to the compound to assert their claims
over it, with flyers recently distributed imploring them to “purify the site from the
enemies of Israel” as well as advocating for the destruction of any Muslim buildings
there.
We believe that all such acts of incitement and desecration against holy sites in
the Occupied Palestinian Territory, including East Jerusalem, as well as acts of the
ongoing, deliberate provocations against the Palestinian people by the occupying
Power, whether it be by the Government of Israel, its occupying forces or its illegal
settlers, warrant serious and immediate attention by the international community,
including by the Security Council, in line with its primary duty under the Charter to
maintain international peace and security. We call on the international community to
act with urgency and responsibility to ensure the de-escalation of this perilous
situation in Occupied East Jerusalem and to bring a halt to the occupying Power’s
violations of international law, including humanitarian and human rights law, which
are gravely impacting the Palestinian people in innumerable ways and which are
seriously jeopardizing the prospects for realizing a peaceful and just settlement on
the basis of international law and relevant United Nations resolutions and in
accordance with the two-State solution based on the pre-1967 borders.
Before concluding, I regret to also inform you of the killing today of a young
Palestinian man, Tal’at Ramia, age 25, by Israel, the occupying Power. Ramia was
wounded by Israeli gunfire, which hit him in the chest, during a protest that was
held near the Qalandia checkpoint erected by Israel between Al-Ram and Ramallah.
He later died in emergency surgery, and five other Palestinians were also wounded
by the occupying forces, which fired tear gas as well as live and rubber bullets at the
protesters. Today also witnessed more violence by the occupying Power against
Palestinian civilians in Al-Khalil who had been peacefully demonstrating at a
commemoration of the anniversary of a 1994 attack by an extremist Israeli settler
against Al-Haram Al-Ibrahimi (The Ibrahimi Mosque) in Al-Khalil, in which
29 Palestinians were brutally murdered while at prayer. The Israeli occupying forces
fired tear gas and sound bombs, injuring dozens of civilians, 70 of whom suffered
from the inhalation of foul-smelling chemicals that were also sprayed at the
protesters. At least six Palestinians were also detained by the occupying forces.
Israel, the occupying Power, must be held responsible for the death and injury of
these Palestinians caused by its deliberate use of violence and brutality against the
Palestinian civilian population under its military occupation and its blatant disregard
for human rights and international humanitarian law requiring the protection of
civilians in situations of armed conflict.
This letter is in follow-up to our previous 418 letters regarding the ongoing
crisis in the Occupied Palestinian Territory, including East Jerusalem, since
28 September 2000. These letters, dated from 29 September 2000 (A/55/432-
S/2000/921) to 23 February 2012 (A/ES-10/546-S/2012/111) constitute a basic
record of the crimes being committed by Israel, the occupying Power, against the
Palestinian people since September 2000. For all of these war crimes, acts of State
terrorism and systematic human rights violations committed against the Palestinian
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people, Israel, the occupying Power, must be held accountable and the perpetrators
must be brought to justice.
I should be grateful if you would arrange to have the text of the present letter
distributed as a document of the tenth emergency special session of the General
Assembly, under agenda item 5, and of the Security Council.
(Signed) Riyad Mansour
Ambassador
Permanent Observer of Palestine to the United Nations
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United Nations A/ES-10/603–S/2013/567
General Assembly
Security Council Distr.: General
23 September 2013
Original: English
13-48371 (E) 250913
*1348371*
General Assembly
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
Security Council
Sixty-eighth year
Identical letters dated 20 September 2013 from the Permanent
Observer of the State of Palestine to the United Nations addressed
to the Secretary-General, the President of the General Assembly
and the President of the Security Council
I write to convey our serious concerns regarding the fragile situation on the
ground as a result of the continued pursuit by Israel, the occupying Power, of illegal
policies against the Palestinian people and their land. Over the past weeks, while the
international community has patiently awaited confirmation of tangible progress in
the resumed negotiations between the two sides, tensions have continued to rise
following several negative developments that are widening the gap between the
hopes and expectations for the political process and the reality on the ground. Israeli
settlement activities, the blockade of the Gaza Strip, military raids and constant
provocations, including incitement to religious conflict by extremist Israeli settlers,
are exacerbating conditions on the ground and reinforcing doubts regarding the
desire of Israel for or commitment to the peace that the State of Palestine, with the
strong support of the international community, has been earnestly seeking and
remains committed to achieving.
We are extremely alarmed by the escalation of aggressions in Occupied East
Jerusalem, in particular in and around Al-Haram Al-Sharif and Al-Aqsa Mosque,
which continue to be subjected to provocations by Israeli extremists, including
settlers and Government officials, among them ministers. The blatant disrespect for
the mosque and its worshippers and the continued declarations of further incursions
into the holy site are tantamount to grave acts of incitement that are stoking
religious sensitivities and aggravating already elevated tensions.
Among several incidents in this regard have been the following: on
4 September, Israeli occupying forces stormed Al-Aqsa Mosque, injuring three
women and pepper-spraying Palestinians who were protesting after 40 Jewish
extremists stormed the compound; on 4 September, the occupying forces banned
Jerusalem’s Mufti, as well as other religious and prominent Palestinian figures, from
entering Al-Aqsa Mosque, and a group of Jewish extremists stormed Al-Haram
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Al-Sharif compound to perform prayers on the eve of the Jewish New Year; on
5 September clashes broke out in the neighbourhood of Silwan when Israeli settlers
danced on copies of the Quran; on 6 September, occupying forces raided Al-Haram
Al-Sharif compound following the Friday prayers, causing 55 injuries and arresting
15 Palestinian civilians; and on 9 September, Sheikh Azzam al-Khatib, Director of
the Jerusalem Waqf and Al-Aqsa Affairs, reported that 150 Jewish extremists had
entered the compound under heavy police guard.
It is alarming that Israeli officials continue to recklessly fuel these tensions by
encouraging extremists to persist with such provocations, which threaten to ignite
religious conflict, with far-reaching and dangerous consequences for the region and
beyond. We therefore once again draw the international community’s attention to
this serious matter for the State of Palestine and the entire Muslim world, and call
for vigilance in the demands for a halt to all such Israeli incitement and for respect
by the occupying Power for its obligations under international law, including respect
for the sanctity of religious sites.
Regrettably, Israel has also persisted with its construction of settlements and
the Wall in the Occupied Palestinian Territory, including East Jerusalem — the
territory that constitutes the State of Palestine — in grave breach of the Fourth
Geneva Convention. In addition to other settlement activities, on 9 September,
Israeli bulldozers began to construct a dividing zone between the Palestinian town
of Issawiya and an illegal settlement on Occupied French Hill in East Jerusalem.
Israeli bulldozers also continued to level private Palestinian lands in Salfit for
establishment of infrastructure for a new Israeli settlement. The occupying Power
issued eviction notices to residents of 28 houses in the Qirami neighbourhood in
East Jerusalem under claims that it was for their own safety, because of fears that
their homes have dangerous cracks in the walls that are the result of illegal Israeli
excavations underneath the Old City. Moreover, once again, the occupying Power
has undertaken the demolition of Palestinian structures in the Khirbet Makhool
village in Tubas, in the Jordan Valley, displacing more than 100 people.
In the same period, the Israeli occupying forces have continued the systematic
violence against the Palestinian people that has for too long characterized this more
than 46-year military occupation, including the killing and injury of civilians in
violent military raids and arrest operations and the excessive use of force against
civilian protesters. Yet another young Palestinian life has been lost to this senseless
violence by the occupying Power. In the early morning hours of 17 September in the
Jenin refugee camp, occupying forces shot and killed Islam Husam al-Toubasi, a
21-year-old Palestinian, and injured several other Palestinians, including a 13-yearold
boy. Also in the Jenin refugee camp, 17-year-old Kareem Sobhi Abu Sbeih, who
was shot and wounded by the occupying forces on 20 August during another raid of
the camp, tragically died of his wounds on 31 August. We condemn these killings
and urge the international community to persist with their calls for Israel, the
occupying Power, to respect its obligations under international law and to cease all
such illegal actions and violence against the Palestinian people under its occupation.
Israel also continues its systematic detention and arrest of Palestinian civilians,
many of them youth, further fuelling tensions and violent confrontations. Moreover,
such actions deepen mistrust and poison the environment surrounding the peace
negotiations as, despite the recent release of some long-term prisoners, the
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occupying Power continues to add to the ranks of the thousands of Palestinians it is
unlawfully and inhumanely imprisoning, including hundreds of children.
In this regard, on 3 September, clashes broke out in Abu Dis between local
youth and Israeli occupying forces following the detention of a young Palestinian
man reportedly suffering from cancer. Dozens of residents were treated for the
effects of tear gas. On 2 September, Israeli occupying forces injured two
Palestinians and arrested four others during a raid in the Old City of Nablus. This
was followed by a raid, on 3 September, on the Bab Hutta neighbourhood in
Jerusalem, in which at least 12 Palestinian men were arrested and detained. On
4 September, occupying forces raided the town of Beit Ummar and detained three
Palestinian teenagers. On 5 September, clashes broke out in the Al-Fawwar refugee
camp in Al-Khalil after occupying forces raided the camp, firing gas bombs and
rubber-coated bullets, injuring dozens of people. On 10 September, occupying
forces raided the Arroub refugee camp near Al-Khalil and detained 13 Palestinians
between the ages of 18 and 26 and assaulted several others. On 12 September, the
occupying forces detained two Palestinian brothers from Beit Fajjar village east of
Bethlehem. On 15 September, occupying forces raided several villages and detained
at least 14 Palestinians.
Also inflaming tensions and instability have been the constant harassment,
intimidation and violence by extremist Israeli settlers, with the collusion and
protection of the occupying forces, against the Palestinian people and their
properties. Such unlawful actions are the cause of widespread suffering, fear and
trauma among the population and, in particular in the case of provocations in
Occupied East Jerusalem, threaten to instigate further confrontation between the
sides. We reiterate our demand for the perpetrators to be held accountable for their
crimes.
The following are just some of the examples of Israeli settler violence in
recent weeks: on 1 September, five Palestinians were injured when settlers threw
stones at Palestinian cars near the Jalazoun refugee camp; on 5 September, settlers
threw stones at Palestinian residents and houses in the al-Sowana area of East
Jerusalem; on 8 September, settlers stoned Palestinian vehicles travelling near
Nablus, damaging 25 vehicles; on 10 September, settlers set fire to Palestinian
agricultural fields east of Nablus; and on 15 September, an Israeli settler, using a
metal rod, hit and injured a 48-year-old Palestinian man in East Jerusalem. Also, on
11 September, a group of settlers raided the village of Salem, East of Nablus, in an
attempt to raise the land, and were aided by the Israeli occupying forces, who
injured three Palestinians and arrested seven others at the scene while allowing the
settlers to carry out their vandalism and destruction.
All of the above illegal and provocative actions by Israel, the occupying
Power, and its settlers in the Occupied Palestinian Territory, including East
Jerusalem, are causing suffering for the Palestinian people and worsening conditions
on the ground. Such actions threaten to further destabilize the situation in the midst
of the turmoil already roiling the region, and are actions that are completely
contradictory to the conditions necessary for advancing the negotiations and
contradictory to the objectives of the peace process as a whole.
We thus renew our call upon the international community, including the
Security Council, to uphold international law and the responsibilities to address this
critical situation. For the sake of peace, all efforts must be made to compel Israel,
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the occupying Power, to cease all violations and abide by its obligations under
international law. This is imperative for reducing tensions, promoting calm and
allowing for emergence of an environment truly conducive for the pursuit of serious
negotiations aimed at bringing an end to the Israeli occupation, achieving the
independence of the State of Palestine in accordance with the two-State solution
based on the pre-1967 borders and justly resolving all outstanding final status
issues, including the problem of the Palestine refugees, in accordance with
international law and relevant resolutions, including resolution 194 (III), which are
all requirements for the establishment of lasting peace and security between the two
sides.
The present letter is in follow-up to our previous 472 letters regarding the
ongoing crisis in the Occupied Palestinian Territory, including East Jerusalem,
which constitutes the territory of the State of Palestine. The letters, dated from
29 September 2000 (A/55/432-S/2000/921) to 26 August 2013 (A/ES-10/602-
S/2013/509) constitute a basic record of the crimes being committed by Israel, the
occupying Power, against the Palestinian people since September 2000. For all of
these war crimes, acts of State terrorism and systematic human rights violations
being committed against the Palestinian people, Israel, the occupying Power, must
be held accountable and the perpetrators must be brought to justice.
I should be grateful if you would arrange to have the present letter distributed
as a document of the tenth emergency special session of the General Assembly,
under agenda item 5, and of the Security Council.
(Signed) Riyad Mansour
Ambassador
Permanent Observer of the State of Palestine
to the United Nations
HP EXHIBIT 129
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United Nations A/ES-10/617–S/2014/128
General Assembly
Security Council Distr.: General
26 February 2014
Original: English
14-24701 (E) 040314
*1424701*
General Assembly
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
Security Council
Sixty-ninth year
Identical letters dated 25 February 2014 from the Chargé
d’affaires a.i. of the Permanent Observer Mission of the State of
Palestine to the United Nations addressed to the Secretary-General,
the President of the General Assembly and the President of the
Security Council
I have been instructed by the Government of the State of Palestine to draw
your urgent attention to the escalating acts of Israeli aggression, provocation and
incitement in Occupied East Jerusalem and particularly at Al-Haram Al-Sharif,
which houses the holy Al-Aqsa Mosque. Tensions are dramatically rising as Israel,
the occupying Power, persists with hostile and illegal actions at this holy site. Such
actions undermine the extremely fragile situation on the ground, threatening to
further inflame religious sensitivities, ignite another cycle of violence and sabotage
the peace negotiations currently under way.
In this regard, Israeli extremists, including right-wing government officials,
continue to incite and to attempt to breach the sanctity of Al-Haram Al-Sharif.
Today, Israeli occupying forces once again violently stormed the compound,
attacking and injuring Palestinian worshipers with rubber-coated steel bullets and
tear gas canisters and arresting several worshipers. This aggression was undertaken
in the midst of threats by Jewish extremists to breach the compound and raise Israeli
flags there and in the context of a provocative debate launched in the Israeli Knesset
aimed at passing legislation to impose Israeli sovereignty over Al-Haram Al-Sharif.
It must be noted that this condemnable, illegal action has been instigated by the
Deputy Speaker of the Israeli Knesset, Moshe Feiglin, a member of the party of the
Prime Minister, who recently entered Al-Haram Al-Sharif under Israeli military
escort and made provocative declarations regarding Al-Aqsa Mosque, a serious
matter to which we drew attention in our letter of 20 February 2014 (A/ES-10/616-
S/2014/118).
Such reckless actions are clearly aimed at illegally and forcibly asserting
Israeli control over Al-Haram Al-Sharif in the heart of Occupied East Jerusalem,
which is an integral part of the Palestinian Territory occupied by Israel since 1967
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and constitutes the capital of the State of Palestine, the Israeli annexation of which
remains unrecognized and condemned worldwide. We also stress that this holy site,
the first qibla and the third holiest site in Islam, remains under the supervision of
the Islamic Waqf and recall the special role of the Hashemite Kingdom of Jordan
with regard to the Muslim and Christian holy sites in the city.
Moreover, we recall the numerous relevant United Nations resolutions,
including Security Council resolutions 252 (1968), 267 (1969), 271 (1969), 298
(1971), 476 (1980), 478 (1980), 672 (1990) and 1073 (1996), that remain wholly
valid and must be fully respected by the occupying Power. Specifically, we recall
the Council’s repeated pronouncements regarding the illegality of Israeli measures
aimed at altering the physical character, demographic composition, institutional
structure and status of the city of Jerusalem and the calls to rescind all such
measures, to desist from any further such measures, including settlement activities,
and to comply with the legal obligations in this regard, including in accordance with
the Fourth Geneva Convention.
We call on the Security Council to give urgent attention to this critical matter
and to act to uphold its Charter duty for the maintenance of international peace and
security. It is obvious that such Israeli acts of incitement, provocation and
aggression are intended to deliberately provoke Palestinian, Arab and Muslim
sensitivities and could have extremely dangerous and widespread consequences.
These condemnable actions are heightening tensions and threaten to completely
destabilize the situation on the ground. Moreover, such actions threaten to
undermine the current peace negotiations, which are being mediated by the United
States of America with the support of the Quartet and the entire international
community and are aimed at salvaging the two-State solution and achieving a just,
lasting and comprehensive solution to the Palestinian-Israeli conflict, the core of the
Arab-Israeli conflict.
The international community, which has for so long endorsed the two-State
solution, based on the pre-1967 borders and the well-known terms of reference
enshrined in the relevant United Nations resolutions, the Madrid principles, the Arab
Peace Initiative and the Quartet road map, cannot stand idly by while Israel, the
occupying Power, flouts international law and destroys the small opportunity that
remains for realizing that solution. At this critical juncture, all must act responsibly
and with conscience to address this matter of utmost concern and seriousness to
Palestine, the Arab world and the Muslim ummah and to salvage the prospects for
peace.
As noted today by the Under-Secretary-General for Political Affairs,
Mr. Jeffrey Feltman, in his briefing to the Security Council, “on the Middle East
peace process we are nearing a defining moment”. The international community,
primarily the Security Council and the Quartet members, in accordance with the
responsibility taken upon themselves to advance the realization of a just and lasting
solution, must act forthwith to demand that Israel, the occupying Power, cease all of
its violations of international law, including humanitarian and human rights law,
cease all provocations and incitement against the Palestinian people and their holy
sites, including in Occupied East Jerusalem, and truly commit to the path of peace.
This letter is in follow-up to our previous 485 letters regarding the ongoing
crisis in the Occupied Palestinian Territory, including East Jerusalem, which
constitutes the territory of the State of Palestine. These letters, dated from
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14-24701 3/3
29 September 2000 (A/55/432-S/2000/921) to 20 February 2014 (A/ES-10/616-
S/2014/118) constitute a basic record of the crimes being committed by Israel, the
occupying Power, against the Palestinian people since September 2000. For all of
these war crimes, acts of State terrorism and systematic human rights violations
being committed against the Palestinian people, Israel, the occupying Power, must
be held accountable and the perpetrators must be brought to justice.
I should be grateful if you would arrange to have the text of the present letter
distributed as a document of the tenth emergency special session of the General
Assembly, under agenda item 5, and of the Security Council.
(Signed) Feda Abdelhady-Nasser
Chargé d’affaires a.i.
HP EXHIBIT 130
1349
United Nations A/ES-10/623–S/2014/257
General Assembly
Security Council Distr.: General
10 April 2014
Original: English
14-29667 (E) 210414
*1429667*
General Assembly
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
Security Council
Sixty-ninth year
Identical letters dated 9 April 2014 from the Permanent Observer
of the State of Palestine to the United Nations addressed to the
Secretary-General, the President of the General Assembly and the
President of the Security Council
I draw your urgent attention to the dangerously rising tensions in Occupied
East Jerusalem. The illegal actions and constant provocations and incitement by
Israel, the occupying Power, including in particular by right-wing Israeli
Government officials, extremist settlers and religious zealots, against the Palestinian
people, their land and their holy places are exacerbating already-high tensions and
religious sensitivities. Such actions risk further destabilization of the situation at a
critical and defining moment in the political process, in which serious efforts are
being exerted, including by the United States of America and other Quartet members
and the League of Arab States, to salvage any remaining hope to achieve a just,
lasting solution.
On Monday 7 April 2014, in yet another act of incitement and attempt
to breach the sanctity of Haram al-Sharif, right-wing Deputy Speaker of the Israeli
Knesset and member of the Prime Minister’s party, Moshe Feiglin, again entered
Haram al-Sharif under heavily armed Israeli military escort with more than
50 extremist settlers. As noted in our letters of 20 and 25 February 2014
(A/ES-10/616-S/2014/118 and A/ES-10/617-S/2014/128, respectively), Feiglin entered
this holy compound on 19 February, escorted by Israeli police and declaring that
“Al-Aqsa Mosque belongs to the Jews”, causing anger and raising tensions among
the Palestinian population. In this latest incident of provocation, while Mr. Feiglin
and the settlers were present in the Al-Aqsa compound, the occupying forces
imposed restrictions on the entry of Palestinian worshippers to the area. Israeli
occupying forces stopped Palestinian worshippers at the main entrances of the
mosque and detained them until Mr. Feiglin and the settlers left.
Such provocative incidents have intensified in both frequency and
aggressiveness in the recent period, aggravating sensitivities and the fragile
situation on the ground. Here it should be noted that, according to the Palestinian
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non-governmental organization Wadi Hilweh Information Center — Silwan, which
documents Israeli violations in the holy city, a total of about 1,250 Jewish settlers
forced their way into the Al-Aqsa Mosque compound last month alone. Equally
disconcerting, the Internal Affairs and Environment Committee in the Israeli
Knesset convened on 7 April to further discuss a resolution for “allowing” Jewish
prayers in the Al-Aqsa courtyard. Such debates will not only provoke the already
inflamed political climate but completely disregard the sensitive nature of Al-Aqsa
Mosque, the first qiblah and the third holiest site in Islam, which remains under the
supervision of the Islamic Waqf and custodianship of the Hashemite Kingdom of
Jordan, and the long-standing status quo in this regard.
Moreover, we must reiterate at this critical juncture that all such illegal Israeli
actions at Haram al-Sharif and throughout the rest of Occupied East Jerusalem are
in violation of the numerous relevant Security Council and General Assembly
resolutions calling for a cessation of all Israeli policies and measures aimed at
altering the character, legal status and demography of the Occupied Palestinian
Territory, including East Jerusalem, and for respect by Israel, the occupying Power,
of its obligations under international law, including the Fourth Geneva Convention,
which prohibits such actions.
The State of Palestine believes that all such acts of incitement at holy sites in
the Occupied Palestinian Territory, including East Jerusalem, as well as acts of the
ongoing, deliberate provocations against the Palestinian people by the occupying
Power, whether they be by the Government of Israel, its occupying forces or its
illegal settlers, warrant serious and immediate attention by the international
community, including by the Security Council, in line with its primary Charter duty
for the maintenance of international peace and security. It is clear that such
provocations and incitement are clearly aimed at illegally and forcibly further
entrenching Israeli control over Haram al-Sharif in Occupied East Jerusalem and
they must be rejected unequivocally.
Furthermore, we must draw attention to Israel’s continued pursuit of its
reckless and illegal settlement enterprise, which, in addition to the unabated
construction of settlements, includes the destruction and confiscation of Palestinian
lands and properties, as well as the forced displacement of Palestinian families. The
persistence of such illegal actions sabotaged the latest round of peace talks and
continues to threaten to physically destroy the possibility of the two-State solution
based on the pre-1967 borders. Last week, as the United States Secretary of State,
John Kerry, was shuttling between the two sides to address the crisis in the
negotiations owing to Israel’s reneging on the prisoner release, the Israeli Minister
of Housing and Construction, Uri Ariel, himself a settler, signed tenders for 708 new
settlement units in the so-called settlement of “Gilo” in Occupied East Jerusalem.
This flagrant, deliberate act of provocation only served to further inflame the
situation and to reaffirm Israel’s bad faith in the peace process.
We call on the international community to act with urgency and responsibility
to ensure the de-escalation of this perilous situation in the Occupied State of
Palestine and to salvage the prospects for the realization of a peaceful, negotiated
solution. Pressure must be brought to bear to bring a halt to the occupying Power’s
violations of international law, including humanitarian and human rights law, as
well as its provocations and incitement against the Palestinian people and their holy
sites, including in Occupied East Jerusalem. The international community, if truly
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interested in peace and saving the two-State solution, must do all that is possible to
support a credible, substantive peace process, and this requires a clear call on Israel
to commit to the path of peace on the basis of international law and relevant United
Nations resolutions and in accordance with the two-State solution based on the
long-standing terms of reference. For peace to truly have a chance, this is the time
for the international community, and foremost the Security Council, to act
collectively to hold Israel accountable for its violations and crimes and reject its
empty pretexts, deception and disdain for international law.
The present letter is in follow-up to our previous 491 letters regarding the
ongoing crisis in the Occupied Palestinian Territory, including East Jerusalem,
which constitutes the territory of the State of Palestine. These letters, dated from
29 September 2000 (A/55/432-S/2000/921) to 24 March 2014 (A/ES-10/622-
S/2014/214) constitute a basic record of the crimes being committed by Israel, the
occupying Power, against the Palestinian people since September 2000. For all of
these war crimes, acts of State terrorism and systematic human rights violations
being committed against the Palestinian people, Israel, the occupying Power, must
be held accountable and the perpetrators must be brought to justice.
I should be grateful if you would arrange to have the text of the present letter
distributed as a document of the tenth emergency special session of the General
Assembly, under agenda item 5, and of the Security Council.
(Signed) Riyad Mansour
Ambassador
Permanent Observer of the State of Palestine
to the United Nations
HP EXHIBIT 131
1352
United Nations A/ES-10/624–S/2014/280
General Assembly
Security Council
Distr.: General
17 April 2014
Original: English
14-30363 (E) 220414
*1430363*
General Assembly
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
Security Council
Sixty-ninth year
Identical letters dated 16 April 2014 from the Permanent Observer
of the State of Palestine to the United Nations addressed to the
Secretary-General, the President of the General Assembly and the
President of the Security Council
I write to you in follow-up to our numerous previous letters regarding the
illegal policies and constant provocations and incitement by Israel, the occupying
Power, and its extremist settlers and religious zealots against the Palestinian people,
their land and their holy places. Over the past couple of weeks, such reckless actions
and provocations have not only continued but have escalated, further exacerbating
tensions and religious sensitivities between the two sides and risking a dangerous
destabilization of the already fragile situation on the ground.
In this connection, I must inform you of the extremely worrying developments
that occurred today, 16 April, at Haram al-Sharif (the Noble Sanctuary), which
houses the holy Al-Aqsa Mosque and Qubbat Al-Sakhra (the Dome of the Rock) in
Occupied East Jerusalem. In a clear act to aggravate and destabilize the situation on
the ground, at 7.45 am (Palestine time), Israeli occupying forces unlocked the
entrance of Al-Mughrabi Gate, which is the entrance to Haram al-Sharif, to allow
for the entry of over 1,000 occupying forces, backed by so-called “border police” as
well as “special units”, including a sniper squad, to violently raid the mosque,
provoking confrontations with the Muslim worshippers inside Al-Aqsa Mosque.
According to reports, Israeli occupying forces cordoned off the southern
building of Al-Aqsa Mosque and fired a barrage of tear gas canisters, rubber-coated
bullets and stun grenades towards the worshippers, who took refuge in the mosque.
These violent attacks by the occupying forces caused fear and panic to spread
among worshippers and provoked clashes. As a result, at least 25 Palestinians were
injured, including some hospitalized for respiratory injuries due to the firing of tear
gas canisters. In addition, dozens of Palestinians are said to have been detained by
the occupying forces. Moreover, shortly after this provocation, the occupying Power
deployed its occupying forces at all gates of the holy compound, where Palestinian
men under the age of 50 were denied entry into the mosque at the time of prayers,
further violating their human rights, particularly the right to worship.
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As noted in prior letters, Al-Aqsa Mosque, the first qiblah and the third holiest
site in Islam, continues to be subjected to threats, incitement and provocations by
Israeli occupying forces as well as extremist Israeli settlers and right-wing zealots,
who have been calling for a “group pilgrimage” to Haram al-Sharif to mark the
Jewish Passover holiday, now under way until 21 April. Moreover, the constant
provocations by right-wing Israeli officials, to which we have also referred in past
letters, has deepened concerns and fears among the Palestinian people and their
leadership about the potential for further crisis in this most sensitive area.
We reiterate once more that all such illegal Israeli actions at Haram al-Sharif,
and for that matter throughout the rest of Occupied East Jerusalem, are in violation
of the numerous relevant Security Council and General Assembly resolutions calling
for a cessation of all Israeli policies and measures aimed at altering the character,
legal status and demography of the Occupied Palestinian Territory, including of East
Jerusalem, and for respect by Israel, the occupying Power, for its obligations under
international law, including the Fourth Geneva Convention, which prohibits such
actions.
We believe that all such incitement and provocations against Muslim and
Christian holy sites in the Occupied Palestinian Territory, including East Jerusalem,
and against the Palestinian people, whether they be perpetrated by the Government
of Israel, its occupying forces or its illegal settlers or religious zealots, warrant
serious and immediate attention by the international community, including by the
Security Council, in line with its primary duty under the Charter of the United
Nations for the maintenance of international peace and security. We therefore
reiterate our call upon the international community to act with urgency and
responsibility to ensure the de-escalation of this perilous situation in Occupied East
Jerusalem and to bring a halt to the occupying Power’s violations of international
law, including humanitarian and human rights law. These latest violent and
dangerous measures taken at Haram al-Sharif are not only aimed at illegally and
forcibly entrenching Israeli control over Haram al-Sharif and Occupied East
Jerusalem but are also seriously jeopardizing the prospects for ever realizing a
peaceful and just settlement on the basis of international law and relevant United
Nations resolutions and in accordance with the two-State solution based on the
pre-1967 borders.
The present letter is in follow-up to our previous 492 letters regarding
the ongoing crisis in the Occupied Palestinian Territory, including East
Jerusalem, which constitutes the territory of the State of Palestine. These letters,
dated from 29 September 2000 (A/55/432-S/2000/921) to 9 April 2014
(A/ES-10/623-S/2014/257), constitute a basic record of the crimes being committed
by Israel, the occupying Power, against the Palestinian people since September
2000. For all of these war crimes, acts of State terrorism and systematic human
rights violations being committed against the Palestinian people, Israel, the
occupying Power, must be held accountable and the perpetrators must be brought to
justice.
I should be grateful if you would arrange to have the present letter distributed
as a document of the tenth emergency special session of the General Assembly,
under agenda item 5, and of the Security Council.
(Signed) Riyad Mansour
Ambassador
Permanent Observer of the State of Palestine to the United Nations
HP EXHIBIT 132
1354
United Nations A/ES-10/629–S/2014/381
General Assembly
Security Council Distr.: General
30 May 2014
Original: English
14-54323 (E) 030614
*1454323*
General Assembly
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and the
rest of the Occupied Palestinian Territory
Security Council
Sixty-ninth year
Identical letters dated 29 May 2014 from the Chargé d’affaires a.i.
of the Permanent Observer Mission of the State of Palestine to the
United Nations addressed to the Secretary-General and the
President of the Security Council
I write to alert you to the critical situation and continuously rising tensions in
the Occupied State of Palestine, including East Jerusalem, as a result of Israel’s
relentless provocations and illegal actions against the Palestinian people. On a daily
basis, the occupying Power persists with its grave violations of international
humanitarian and human rights law, which include rampant settlement activities,
military raids, systematic detention and arrest of Palestinians, constant provocations,
including incitement at holy sites and the destruction of Palestinian property by
extremist Israeli settlers, and the suffocating blockade on the Gaza Strip. All of these
violations exacerbate conditions on the ground, intensifying the hardships faced by the
Palestinian people and solidifying doubts about Israel’s so-called desire for peace.
In this regard, I would like first to address Israel’s relentless policy of
incitement and provocations against holy sites in Occupied East Jerusalem, namely
at Haram al-Sharif (the Noble Sanctuary), which houses the holy Al-Aqsa Mosque
and Qubbat al-Sakhra (Dome of the Rock). In a dangerous development, Israeli
provocations at this sensitive area have escalated in frequency and intensity. On
27 May 2014, thousands of Jewish extremists, including 30 rabbis, set out to march
through the Old City to celebrate so-called Jerusalem Day, marking Israel’s
occupation of East Jerusalem in 1967. As a result, clashes broke out between
Palestinian worshippers and Israeli “border police” and “special units”
accompanying the Jewish extremists. During the clashes, Israeli occupying forces
fired stun grenades and rubber-coated bullets at innocent Palestinian worshippers,
attacking some with pepper spray. Many Palestinians were injured by rubber-coated
bullets and a 68-year-old Palestinian man was severely beaten.
In addition to the above-mentioned human rights violations, the occupying
forces also violated the right to worship by preventing hundreds of Palestinian men
and women from accessing Al-Aqsa Mosque to perform morning prayers. We reiterate
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our cautionary appeals, drawing attention to the dangers of such continuous
provocations and incitement in or near Al-Aqsa Mosque, the first qibla and third
holiest site in Islam, which remains under the supervision of the Islamic Waqf and
the custodianship of the Hashemite Kingdom of Jordan. Further provocations will
only inflame the already elevated tensions and anger among the Palestinian
population, threatening to completely destabilize the situation on the ground, with
far-reaching consequences.
Accordingly, all such acts of incitement against holy sites in the Occupied
Palestinian Territory, including East Jerusalem, as well as acts of deliberate
provocation against the Palestinian people by the occupying Power, whether by the
Government of Israel, its occupying forces or its illegal settlers, warrant the serious
and immediate attention of the international community, including the Security
Council, in line with its primary Charter duty of the maintenance of international
peace and security and in line with its numerous relevant resolutions calling for a
cessation of all Israeli measures aimed at altering the character, legal status and
demography of the Occupied Palestinian Territory, including of East Jerusalem.
I must also bring to your attention the critical situation of Palestinian political
prisoners illegally imprisoned and detained by Israel. Thousands of Palestinians,
among them women and children, continue to be held in deplorable conditions and
subjected to grave human rights violations. In particular, I must underscore the
plight of hundreds of prisoners who have been on a hunger strike for more than five
weeks in protest of their unlawful detention. These detainees are starving
themselves and risking their lives in peaceful, non-violent protest of their detention
without charge and of the massive abuses being perpetrated against them and their
fellow prisoners by the occupying Power. Currently, more than 40 Palestinian
detainees on hunger strike have been hospitalized owing to deteriorating health
conditions and many of their lives are in imminent danger.
We urge the international community to take action to compel Israel, the
occupying Power, to cease these deplorable practices and to heed the calls for the
release of Palestinian prisoners and detainees and for respect for their human rights.
Serious efforts must be made by the international community to compel Israel to
comply with international law, including humanitarian law, specifically article 76 of
the Geneva Convention Relative to the Protection of Civilian Persons in Time of
War, of 12 August 1949, which clearly defines the rights of protected persons faced
with detention by an occupying Power. The international community must ensure
that the occupying Power acts humanely towards peaceful, non-violent hungerstriking
prisoners and to release them and all other Palestinians who are being
unlawfully and arbitrarily imprisoned and detained.
The international community cannot continue to absolve Israel, the occupying
Power, of its responsibility for these violations and of its obligations under
international law and the relevant United Nations resolutions. We call on the
international community to act with urgency and responsibility to ensure the
de-escalation of this perilous situation in Occupied Palestine, including in particular
in Occupied East Jerusalem, and to bring a halt to the occupying Power’s violations
of international law, which are totally unjustifiable, remain the source of grave
hardship and suffering of the Palestinian people, and seriously jeopardize the
prospects for realizing a peaceful, just settlement on the basis of international law
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and relevant United Nations resolutions and in accordance with the two-State
solution based on the pre-1967 borders.
The present letter is in follow-up to our 496 letters regarding the ongoing crisis
in the Occupied Palestinian Territory, including East Jerusalem, which constitutes
the territory of the State of Palestine. These letters, dated from 29 September 2000
(A/55/432-S/2000/921) to 15 May 2014 (A/ES-10/628-S/2014/347), constitute a
basic record of the crimes being committed by Israel, the occupying Power, against
the Palestinian people since September 2000. For all of these war crimes, acts of
State terrorism and systematic human rights violations being committed against the
Palestinian people, Israel, the occupying Power, must be held accountable and the
perpetrators must be brought to justice.
I should be grateful if you would arrange to have the present letter distributed
as a document of the tenth emergency special session of the General Assembly,
under agenda item 5, and of the Security Council.
(Signed) Feda Abdelhady-Nasser
Chargé d’affaires a.i.
HP EXHIBIT 133
1357
United Nations A/ES-10/660–S/2014/735
General Assembly
Security Council Distr.: General
14 October 2014
Original: English
14-62624 (E) 171014
*1462624*
General Assembly
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
Security Council
Sixty-ninth year
Identical letters dated 14 October 2014 from the Permanent Observer
of the State of Palestine to the United Nations addressed to the
Secretary-General, the President of the General Assembly and the
President of the Security Council
I write to alert you to the critical situation and continuously rising tensions in
the Occupied State of Palestine, including East Jerusalem, as a result of Israel’s
relentless illegal policy and oppressive actions against the Palestinian people. On a
daily basis, the occupying Power persists with its grave violations of international
law, including rampant settlement activities, the dispossession of Palestinian
civilians, violent military raids, including into schools, daily detentions and arrests
of Palestinians, constant provocations, including incitement at holy sites and the
destruction of Palestinian property by extremist Israeli settlers, and the illegal
blockade of the Gaza Strip. All of these violations are exacerbating already volatile
conditions and heightening tensions, which threaten to completely destabilize the
situation on the ground.
I first wish to draw your attention to Israel’s incitement and provocations
against holy sites in Occupied East Jerusalem, namely at Al-Haram Al-Sharif (the
Noble Sanctuary, which houses the holy Al-Aqsa Mosque and Qubbat Al-Sakhra
(Dome of the Rock). In yet another dangerous development, yesterday, 13 October,
the right-wing Deputy Speaker of the Israeli Knesset and member of the party of the
Prime Minister, Moshe Feiglin, protected by hundreds of Israeli occupying forces,
entered Al-Aqsa Mosque yet again, which led to violent clashes, with innocent
Palestinian worshippers injured by stun grenades and rubber-coated bullets. It
should be noted that Feiglin is a controversial figure, whose provocative and racist
words and actions against the Palestinian people have been the source of repeated
incitement. He is well known for his advocacy for Palestinian displacement and
hate-filled speeches openly made against Palestinians and Arabs as a whole.
It should be mentioned that this latest provocation comes on the heels of
clashes that occurred last week, when Israeli forces stormed Al-Aqsa Mosque and
forcibly removed worshipers, attacking some of them with clubs, and firing tear gas,
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stun grenades and rubber bullets. Some of the stun grenades were fired into Al-Aqsa
Mosque itself, causing a fire to break out and damage to the holy site. Moreover, the
occupying Power even locked Palestinian worshipers in Al-Aqsa Mosque,
preventing them from leaving. It is transparent, as was stated by Dr. Hanan Ashrawi,
Member of the Executive Committee of the Palestine Liberation Organization, that
Israel is attempting to create a new reality at the expense of the Palestinians, their
religious rights, sites and historical identity and are violating the sanctity of
religious sites without consequence.
We reiterate the dangers of such continuous provocations and incitement in or
near Al-Aqsa Mosque, the first qibla and the third holiest site of Islam. Further
provocations will only inflame tensions that are already high and anger among the
Palestinian people and beyond, with dangerous ramifications. In this regard, we
underscore the importance of a clear message of condemnation and rejection of such
violations and provocations, such as yours made recently that you are “deeply
concerned by repeated provocations at the holy sites in Jerusalem” and that “these
only inflame tensions and must stop”. It should be also noted that the occupying
Power is carrying out the same illegal actions in relation to Al-Ibrahimi Mosque in
Al-Khalil (Hebron), where worshipers are continuously prevented from praying
inside by Israeli occupying forces and settlers.
Accordingly, all such acts of incitement against the holy sites in the Occupied
Palestinian Territory, including East Jerusalem, as well as acts of provocation
against the Palestinian people by the occupying Power, whether by the Government
of Israel, its occupying forces or its illegal settlers, warrant the serious and
immediate attention of the international community, including the Security Council,
in line with its primary Charter duty of the maintenance of international peace and
security, and in line with its numerous relevant resolutions calling for a cessation of
all Israeli measures aimed at altering the character, the legal status and the
demography of the Occupied Palestinian Territory, including East Jerusalem.
In this regard, serious attention must be given to the continuing rampages of
terror being perpetrated by Israeli settlers, persisting with attacks on Palestinian
civilians, the destruction of property and the theft of land and natural resources.
Yesterday, 13 October, several Palestinians were injured when clashes broke out as
more than 300 Israeli settlers, escorted by hundreds of Israeli occupying forces,
broke into the holy site of Joseph’s tomb in Nablus to perform religious rituals. One
Palestinian was shot and injured and many others were seriously hurt, including a
16-year-old boy. In addition, on 9 October, Israeli settlers uprooted and destroyed
dozens of Palestinian olive trees near the village of Hosan, west of Bethlehem.
Settler lawlessness and the failure of the Israeli Government to rein them in and
hold them accountable for their crimes starkly reflects Israel’s complete disinterest
in peace based on the two-State solution. I also wish to bring to your attention the
fact that the occupying Power continues with its inhumane and illegal policy of
evicting Palestinian families. Last week, the occupying Power served eviction
orders to 20 families living in Al-Burj and Al-Ras Al-Ahmar in the northern Jordan
Valley.
I would like to turn your attention to the humanitarian disaster that still exists
in the occupied Gaza Strip following the more than 50-day criminal Israeli military
aggression, which wrought massive human devastation and physical destruction in
all areas. In this regard, we welcome the successful convening and conclusion of the
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international conference on the reconstruction of Gaza, hosted by Egypt and Norway
in Cairo, and express our hope that the generous donations pledged will be rapidly
disbursed for the urgently needed reconstruction to commence under the supervision
of the Palestinian National Consensus Government in collaboration with the United
Nations. We also continue to reiterate our calls for the full lifting of the Israeli
blockade for reconstruction and rehabilitation without delay and for the Palestinian
people in Gaza to truly begin to rebuild their lives and communities.
Given the above, we call on the international community, including the
Security Council, to give immediate attention to the rising tensions and the critical
situation in the Occupied Palestinian Territory, including East Jerusalem. Serious
efforts must be made to demand and ensure Israel’s compliance with international
law, relevant United Nations resolutions and the will of the international community
before the situation further deteriorates. To remain silent in the face of such gross
violations is unacceptable and will only bolster Israel’s impunity and send the wrong
message to the occupying Power — that it can continue to flout international law as
it wishes without consequence. The time has to come to bring an end to Israel’s
occupation of almost five decades and to all of its crimes against the unprotected
Palestinian civilian population and their land.
The present letter is in follow-up to our 523 letters regarding the ongoing crisis
in the Occupied Palestinian Territory, including East Jerusalem, which constitutes
the State of Palestine. These letters, dated from 29 September 2000 (A/55/432-
S/2000/921) to 2 October 2014 (A/ES-10/659-S/2014/716), constitute a basic record
of the crimes being committed against the Palestinian people. Israel, the occupying
Power, must be held accountable and the perpetrators must be brought to justice.
I should be grateful if you would arrange to have the text of the present letter
distributed as a document of the tenth emergency special session of the General
Assembly, under agenda item 5, and of the Security Council.
(Signed) Riyad Mansour
Ambassador
Permanent Observer
of the State of Palestine to the United Nations
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General Assembly
Security Council Distr.: General
31 October 2014
Original: English
14-63725 (E) 031114
*1463725*
General Assembly
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
Security Council
Sixty-ninth year
Identical letters dated 30 October 2014 from the Permanent
Observer of the State of Palestine to the United Nations addressed to
the Secretary-General, the President of the General Assembly and
the President of the Security Council
The Security Council emergency session that was convened yesterday to address
the crisis in Occupied East Jerusalem underscored the unanimous international concern
and condemnation regarding the provocations and incitement by Israel, the occupying
Power, and its extremist settlers at Holy Sites in the City, as well as the illegality of
Israeli settlement activities and all other measures aimed at altering the demographic
composition, character and status of the City.
All were in agreement about the gravity and many dangers of the continuation of
this illegal situation. And all were in agreement about the urgent need to immediately
defuse tensions and avert any further aggravation of religious sensitivities by ensuring
respect for Holy Sites, with particular focus on Al-Haram Al-Sharif, home to the
Al-Aqsa Mosque, which continues to be targeted by Israeli provocation and incitement,
and the need to uphold the historic status quo in this regard.
All were in agreement, with the exception of Israel, the occupying Power, which
reaffirmed its flagrant disrespect for international law and United Nations resolutions,
reaffirmed its rejection of the two-State solution based on the pre-1967 borders,
reaffirmed its contempt for the Security Council in particular and crudely dismissed
the concerns expressed by the international community and the calls for a cessation of
illegal Israeli actions in Occupied East Jerusalem and the rest of Occupied Palestine.
In a brazen display of intransigence and arrogance, the Israeli representative mocked
the Security Council and rejected the calls to cease the illegal measures and
provocations, which have caused a spike in tensions and threaten to completely
destabilize the situation, with far-reaching and grave consequences.
The continuation of provocative actions committed by the occupying Power in
the immediate wake of the Security Council meeting is therefore extremely alarming
and warrants the attention of the international community. In this regard, today, Israel
completely sealed off the Al-Aqsa Mosque compound for the first time since 1967,
preventing the entry of Palestinian worshippers and of at least 500 students who study
in religious schools inside the compound, and even preventing the entry of the
Muezzin, who leads the Muslim call to prayer. This unjust, extremely provocative
action is inflaming tensions and deepening suspicions regarding Israel’s ill intentions
towards this Holy Site.
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We urgently appeal to the international community to condemn this reckless
action and to demand that Israel, the occupying Power, lift the closure of the
compound, respect the freedom of religion and the right to access of Palestinian
worshippers and respect the status quo at Al-Haram Al-Sharif. This situation must be
immediately redressed to restore calm and to de-escalate tensions, which have risen to
dangerous levels.
In this connection, we firmly reject Israeli claims that such an action is justified in
response to the shooting of an Israeli extremist yesterday evening in the City. We also
condemn the extrajudicial execution of a Palestinian man, Muataz Ibrahim Hijazi, age 32,
by the Israeli occupying forces in the dawn hours of today in direct retaliation for
yesterday’s shooting. The wilful killing of Mr. Hijazi was witnessed by many at the
scene at his home, which was raided and ransacked by the occupying forces. Moreover,
at least 15 people were injured when they attempted to take Mr. Hijazi to the hospital and
were fired upon by the occupying forces, using typically excessive and indiscriminate
force against civilians In this regard, we must also draw attention to the killing of yet
another Palestinian child, Orwa Abdelhadi Hammad, age 14, who was killed at close
range and in cold blood by Israeli sniper fire on 24 October in the village of Silwad.
The continuation of these Israeli crimes against the Palestinian people and the
Holy Sites in Occupied East Jerusalem requires immediate attention by the international
community before the escalating tensions further unravel the already volatile situation
on the ground. We reiterate our appeals to the international community, in particular the
Security Council, to condemn these crimes and ongoing provocations and incitement
and to demand that Israel, the occupying Power, desist forthwith from all illegal policies
and measures aimed at altering the demographic composition, character and status of
Occupied East Jerusalem and the rest of Occupied Palestine.
Urgent measures are required to hold Israel accountable for its violations of
international law, including humanitarian and human rights law, with a view to ending
its impunity and ultimately bringing an end to this illegal and dangerous situation.
Time is critical. While the viability of the two-State solution has been gravely
diminished by Israel’s illegal actions and schemes, the international community must
not forgo the small opportunity that remains to salvage the two-State solution before it
is too late. We stress specifically the Security Council’s responsibility to act forthwith
with all the tools at its disposal, on the basis of its duty under the Charter of the
United Nations for the maintenance of international peace and security, to uphold its
resolutions, to salvage the prospects for peace and to tangibly contribute to its
realization and allow the Palestinian people to realize the freedom, justice and dignity
that they have too long been denied.
The present letter is in follow-up to our 526 letters regarding the ongoing crisis
in the Occupied Palestinian Territory, including East Jerusalem, which constitutes the
State of Palestine. These letters, dated from 29 September 2000 (A/55/432-
S/2000/921) to 27 October 2014 (A/ES-10/662-S/2014/765), constitute a basic record
of the crimes being committed against the Palestinian people. Israel, the occupying
Power, must be held accountable and the perpetrators must be brought to justice.
I should be grateful if you would arrange to have the present letter distributed as
a document of the tenth emergency special session of the General Assembly, under
agenda item 5, and of the Security Council.
(Signed) Riyad Mansour
Ambassador
Permanent Observer of the State of Palestine to the United Nations
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General Assembly
Security Council Distr.: General
10 November 2014
Original: English
14-64379 (E) 111114
*1464379*
General Assembly
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
Security Council
Sixty-ninth year
Identical letters dated 5 November 2014 from the Permanent
Observer of the State of Palestine to the United Nations addressed
to the Secretary-General, the President of the General Assembly
and the President of the Security Council
I have been instructed to once again draw your urgent attention to the critical
situation and dangerously rising tensions in Occupied East Jerusalem due to the
continuation of illegal actions, consisting of provocations and incitement by Israel,
the occupying Power, including in particular by right-wing Israeli government
officials, extremist settlers and religious zealots, against the Palestinian people, their
land and their holy places. Provocations and incitement have intensified in both
frequency and aggressiveness in recent weeks and continue to aggravate religious
sensitivities and the fragile and volatile situation on the ground, threatening to
precipitate a religious conflict and to plunge the region into further instability and
violence.
For the second time in a week, Israeli occupying forces sealed Al-Aqsa
Mosque compound, preventing the entry of Palestinian worshippers. This
provocative action set off another round of clashes between Palestinians and Israeli
extremists, who continue to agitate at this Holy Site. In what can only be seen as a
clear attempt to stoke already-high tensions, early this morning, a group of Israeli
extremists, protected by more than 300 Israeli occupying forces, stormed the
compound firing stun grenades and rubber-coated bullets at Palestinian worshippers,
causing serious injuries to at least 30 people, inflicting serious injuries on two of the
worshippers. Moreover, it was reported that Israeli extremists entered Al-Aqsa
Mosque with their shoes on in a shameful sign of disrespect and with the purpose of
infuriating Palestinian worshippers, while eyewitnesses at the scene reported that
occupying forces threw books of the Holy Quran on the floor.
In addition to such repeated violent raids on Al-Aqsa Mosque compound,
Israeli actions and restrictions continue to violate the religious rights of the
Palestinian people, with the ongoing ban on male Palestinian worshippers under
50 years of age from entering the compound and the demand that Palestinian women
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relinquish their identity cards upon entering. Over the past few days, Israeli
government officials have compounded such provocations and incitement by
displaying utter disrespect for Israel’s obligations under international law and
disregard for the countless calls by the international community to calm the
situation and defuse tensions in Jerusalem. A few examples occurred only yesterday,
5 November, when Israel’s deputy transportation minister Tzipi Hotovely entered
the compound escorted by occupying forces, which was preceded by a visit on
Sunday, 2 November, by right-wing Member of the Knesset Moshe Feiglin, who
again entered Al-Aqsa Mosque compound as entry was restricted for Palestinian
worshippers.
Moreover, actions blatantly intended to assert Israeli control over the
compound continue unabated despite assurances given by the Israeli Prime Minister
to the international community. This has included the facilitation of such incursions
by Israeli extremists and government representatives and the continuing rhetoric
regarding so-called plans to spatially and temporally divide Al-Aqsa Mosque
compound, which must be firmly rejected. In this regard, we reiterate the imperative
of respect for the longstanding status quo at this Holy Site, agreed to and respected
by all parties for decades. We recall the strong messages conveyed at the recent
emergency meeting of the Security Council calling for respect of this historic status
quo, and we reiterate the Security Council’s determination that all such measures by
Israel, the occupying Power, “to alter the character and status of the Holy City of
Jerusalem, and in particular the recent ‘basic law’ on Jerusalem, are null and void
and must be rescinded forthwith”.
We once again caution of the extreme dangers of these illegal Israeli actions
and provocations and incitement at Haram al-Sharif. These actions are inflaming
this extremely volatile situation, with grave implications. In this regard, we recall
that the Al-Aqsa compound is a holy site for more than 1.6 billion Muslims
worldwide and these actions risk provoking anger among the Muslim population.
Furthermore, we must draw attention to Israel’s continued pursuit of its illegal
settlement campaign, which, in addition to the unabated construction of settlements
in the recent period has included the destruction and confiscation of Palestinian
lands and properties, as occurred last week in Silwan in Occupied East Jerusalem, as
well as the forced displacement of Palestinian families. In this regard, we condemn
the latest announcement by the Israeli government, on 3 November, regarding the
approval of more illegal settlement construction in Occupied East Jerusalem. The
decision was for another 640 units once again in the illegal settlement of “Ramat
Shlomo” located in the south of the city. We condemn this announcement and reject
the occupying Power’s illegal policies, which attempt to change the facts on the
ground, undermine the possibility of achieving the ever-retreating two-State
solution, and clearly show Israel’s lack of commitment to a genuine peaceful
solution.
The Security Council must act seriously to uphold its resolutions, including by
taking action to ensure respect of those resolutions by Israel, the occupying Power,
and compliance with all of its obligations thereunder and in accordance with the
relevant provisions of international law, including the Fourth Geneva Convention.
We urge the Security Council to act now to defuse this dangerous situation and
demand of Israel, the occupying Power, that it cease all illegal actions and
provocations and incitement, whether it is the continuation of illegal settlement
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building or violent and illegal actions taken at the Al-Aqsa compound. We also call
on the Security Council to clearly demand that the Government of Israel cease any
and all attempts to alter or change the status quo at these Holy Sites that has been
accepted and respected by all for decades.
This letter is in follow-up to our 527 letters regarding the ongoing crisis in the
Occupied Palestinian Territory, including East Jerusalem, which constitutes the
State of Palestine. These letters, dated from 29 September 2000 (A/55/432-
S/2000/921) to 30 October 2014 (A/ES-10/663-S/2014/775) constitute a basic
record of the crimes being committed against the Palestinian people. Israel, the
occupying Power, must be held accountable and the perpetrators must be brought to
justice.
I should be grateful if you would arrange to have the text of the present letter
distributed as a document of the tenth emergency special session of the General
Assembly, under agenda item 5, and of the Security Council.
(Signed) Riyad Mansour
Ambassador
Permanent Observer of the State of Palestine
to the United Nations
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United Nations A/ES-10/685–S/2015/571
General Assembly
Security Council
Distr.: General
29 July 2015
Original: English
15-12893 (E) 030815
*1512893*
General Assembly
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
Security Council
Seventieth year
Identical letters dated 28 July 2015 from the Permanent Observer
of the State of Palestine to the United Nations addressed to the
Secretary-General, the President of the General Assembly and
the President of the Security Council
I write to draw urgent attention to the dangerous and rising tensions in
Occupied East Jerusalem and the rest of Occupied Palestine due to the illegal
actions, provocations and incitement by Israel, the occupying Power, including in
particular by extremist Israeli settlers and religious zealots, against the Palestinian
people, their land and their holy places. Civilian casualties continue to be caused by
the violence of Israeli occupying forces and extremist settlers, and recent incidents
are aggravating religious sensitivities and the fragile situation on the ground,
threatening to precipitate a religious conflict and further destabilize the region,
which is already experiencing unprecedented turmoil.
For two consecutive days, extremist Israelis escorted by occupying forces
broke into the Al-Aqsa Mosque compound (Al-Haram Al-Sharif), the third-holiest
site in Islam, in Occupied East Jerusalem. They prevented the entry of Palestinian
worshippers and instigated violent confrontations. In this volatile context, on
26 July, an Israeli settler woman shamefully insulted Islam’s Prophet Mohammed
(PBUH) with the clear aim of provoking Palestinian worshippers. This incident was
caught on a cell phone camera and made public, setting off angry reactions resulting
in clashes between Palestinians and Israeli extremists at the Holy Site.
In another blatant attempt to ignite tensions, a group of 70 Israeli extremists,
protected by occupying forces, stormed the compound via the Moroccan Gate on
27 July. Dozens of Palestinian worshippers, as well as 19 Al-Aqsa Mosque guards,
were hit with rubber-coated bullets, rods and rifle butts and suffered pepper spray
and tear gas inhalation, and the occupying forces detained several Palestinians. In
this regard, it must be noted that over the past two months, Israel has committed at
least 184 violations against holy sites in Occupied East Jerusalem and Al -Khalil,
displaying utter disrespect for its obligations under international law and disregard
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for the repeated international calls to calm the situation and defuse te nsions in and
around holy sites.
Concurrently, illegal actions overtly intended to assert Israeli control over the
Al-Aqsa Mosque compound continue unabated. Israeli extremists and government
officials persist with their provocative rhetoric regarding plans to spatially and
temporally divide the compound, which must be firmly rejected. We reiterate the
imperative of respect for the long-standing, historic status quo at the Holy Site,
agreed to and respected by all parties for decades, and we recall the Security
Council’s determination that all such measures by Israel, the occupying Power, “to
alter the character and status of the Holy City of Jerusalem, and in particular the
recent ‘basic law’ on Jerusalem, are null and void and must be rescinded forthwith”.
In the light of the volatile conditions on the ground, we are compelled to again
caution of the extreme, far-reaching risks of these illegal Israeli actions,
provocations and incitement at Al-Haram Al-Sharif. We underscore in this regard
the statement on 27 July by the United Nations Special Coordinator for the Middle
East Peace Process, Nickolay Mladenov: “Provocative actions and language carry
the seed of violence and ultimately undermine the ability of worshippers of all faiths
to have access to their respective Holy Sites. Respect for the status quo is in the
interest of all and is essential for stability.”
Israel’s continued use of lethal force against Palestinian civilians is further
raising tensions throughout Occupied Palestine. On 24 July, in a heinous crime
reflecting the wanton force and disregard for Palestinian life characterizing the
behaviour of Israeli occupying forces, soldiers shot and killed a 53-year-old man,
Falah Hammad Abu Maria, and injured his two sons in the town of Beit Omar, north
of Al-Khalil. Occupying forces and undercover units raided Abu Maria’s home and
opened live fire inside, injuring his 22-year-old son, Mohammed, with two bullets
in the pelvis. When Abu Maria attempted to aid his injured son, soldiers shot him
twice in the chest, killing him in cold blood. Abu Maria’s other son, Ahmad, age 25,
was also injured with bullet shrapnel in the chest. Israeli occupying forces later
injured eight mourners as clashes erupted after Abu Maria’s funeral.
A day earlier, occupying forces shot and killed 21-year-old Mohammed
Ahmad Alawneh with a live bullet in his chest during an Israeli raid in the town of
Burqin, west of Jenin. Yesterday, 27 July, another Palestinian teenager lost his life to
this depraved Israeli violence when occupying forces executed Mohammed Abu
Latifa, age 18, during a so-called arrest raid in the Qalandiya refugee camp. Israeli
soldiers detained Mohammed after shooting him in the feet, then shot him in the
chest and tied him with electrical cords. Forensic evidence reveals that some of his
body parts were also fractured as a result of the assault by soldiers. Abu Latifa was
killed by the occupying forces and did not fall from a rooftop, as Israeli soldiers
falsely claimed. Abu Latifa is the eighteenth Palestinian to be killed by Israeli
occupying forces this year in the West Bank; four civilians have been killed since
the start of this month.
We also regret to inform you that Israeli occupying forces also continue to kill
and injure Palestinian children, carrying on defiantly with the abuse and violation of
child rights in spite of the warnings in the recent report of the Secretary-General on
children and armed conflict. On 3 July, Israeli soldiers shot to death a 17 -year-old
child, Mohammed Hani Al-Kasbah, near Qalandiya checkpoint. Video and forensic
evidence concluded that Al-Kasbah had been shot in the back at close range after
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throwing a stone and then running away from troops. The killing of Mohammed
brought unbearable tragedy to his family, which had already lost two younger sons,
Samer, age 15, and Yasser, age 11, to the brutality of this immoral occupation.
“Every day there is a martyr, not just in our family, but for all Palestinian families, ”
the boy’s father, Sami Kasbah, said, recalling the moment he learned that his son
had been killed. “Someone is hurt, someone is killed and someone is arrested. This
is what happens; that’s the occupation.”
In another example of Israel’s deliberate and condemnable policy of targeting
Palestinian children, occupying forces shot and injured a Palestinian child, Amjad
Farouq Abu Khalid, age 17, with a live bullet to the leg as demonstrators were
dispersed during the weekly peaceful protest against Israel’s illegal settlements and
wall in Kafr Qaddum village, near Qalqiliya, on 24 July. A day earlier, a Palestinian
child, Yahiya Al-Amudi, age 10, lost an eye after being shot in the head with a
rubber-coated steel bullet by an Israeli soldier near a military checkpoint in Shufat
refugee camp, in Occupied East Jerusalem. The boy was subsequently hospitalized
with a fractured skull, jaw and left ear. He had surgery to remove his left eye and
remains in critical condition.
Such Israeli assaults against Palestinian civilians continue with total impunity.
Records indicate that since the start of 2014, Israeli occupying forces have injured
an average of 35 Palestinians every week. Civilian casualties also continue to be
caused by the near-daily terror acts carried out by Israeli settlers. On 1 July, settlers
attacked and injured 60-year-old Mahmoud Saleh Nofal from the village of Ras
Karkar, west of Ramallah. Nofal was surrounded by a settler mob, who assaulted
him with pepper spray and violently beat him with rods, causing bruises over his
body. In another incident on 7 July, a group of terrorist settlers attacked the Masri
family as they were travelling from Jerusalem to Bethlehem. Their car was attacked
by settlers, who threatened them with a knife and assaulted them. Among the people
in the car were the elderly Masri father and a pregnant 30-year-old woman, who
suffered a state of extreme fear, resulting in a miscarriage. Israeli settlers also
continue to routinely intimidate the Palestinian civilian population, especially
farmers and herding communities, impeding access to their farms and fields,
vandalizing and destroying Palestinian property, especially agricultural land and
olive groves, and severely marring the landscape and destroying livelihoods.
Israeli media have also been increasingly inciting violence against Palestinians
by publishing advertisements and commissioning articles encouraging occupying
forces to kill Palestinians. A racist campaign dubbed “0404 Broadcast” encourages
Israeli soldiers to kill Palestinians without question. One poster in the campaign
exhorts: “If you feel the slightest danger to your life from stones or a Molotov
cocktail, do not think twice; do not hesitate; just kill.” We hold the Israeli
Government responsible for all of these crimes, provocations and incitement and the
rabid culture of impunity in which Israeli soldiers and settlers so abhorrently assault
Palestinian civilians and violate their rights and dignity. We continue to call for
perpetrators to be held accountable for these crimes against the Palestinian people
living under this merciless, illegal foreign occupation.
Here, we must also again raise alarm about Israel’s illegal settlement
campaign, which is severely destroying the Palestinian Territory’s contiguity and
fragmenting and isolating Palestinian cities, towns and villages into disconnected
Bantustans throughout the Occupied West Bank, including East Jerusalem, which
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has been virtually cut off from its natural Palestinian environs. The occupying
Power continues unabated its illegal construction of settlements and the annexation
wall, confiscation and razing of Palestinian lands, demolition of homes and forced
displacement of Palestinian civilians. In contempt of the will of the international
community and in blatant rejection of the two-State solution, Israel is entrenching
its colonization and occupation of the Palestinian land, in grave breach of
international humanitarian law, as well as international criminal law as articulated in
the Rome Statute of the International Criminal Court, with total impunity.
In this regard, we recall that 9 July marked the eleventh anniversary of the
authoritative advisory opinion of the International Court of Justice on the Wall, in
which the Court called on Israel to cease construction of the wall “including in and
around East Jerusalem; dismantle the sections already completed; and repeal or
render ineffective forthwith all legislative and regulatory acts relating thereto ”. Yet,
Israel persists with its unlawful construction of the Wall in the Occupied Palestinian
Territory, including in and around East Jerusalem, and continues to carry out and
impose countless illegal measures comprising the Wall’s associated regime, in
flagrant disrespect of the advisory opinion and grave breach of numerous provisions
of international law.
Susiya village symbolizes this long-standing illegitimate colonial policy in
Occupied Palestine. The village has been displaced three times in the past 30 years,
and its Palestinian residents again faced forced transfer as the occupying Power is
advancing plans to demolish the village’s 80 structures, including homes, a clinic,
animal shelters and storerooms, many supported by international donors over the
years. This illegal action, intended to facilitate further encroachment by the nearby
illegal Israeli settlement and settlers on Palestinian land and rights, would displace
and dispossess at least 340 Palestinians, already Palestine refugees forcibly expelled
from their homes in 1948 and forcibly displaced again in 1986 and 2001, enduring
recurrent displacement across generations. Nasser Nawajha, a Palestinian Bedouin
of Susiya, has stated: “My father was expelled from his home in 1948; I was
expelled from where I was born in 1986. I don’t want to see this happening to my
children.”
This destructive and illegal Israeli settlement campaign, especially in so-called
“Area C”, which constitutes 60 per cent of the West Bank, has forcibly displaced
tens of thousands of Palestinians from their land, in grave breach of the Fourth
Geneva Convention. From 2006 until June 2015, Israel demolished at least 876
Palestinian residential units in the West Bank alone, forcibly displacing 4,105
people, including at least 2,011 children. Nearly 500 Palestinian struct ures,
including homes, were demolished in “Area C” over the past year alone, displacing
969 Palestinian residents. On the grim situation of Susiya and other Palestinian
villages in “Area C”, the Humanitarian Coordinator for the Occupied Palestinian
Territory, Robert Piper, recently stated: “Susiya is emblematic of a pattern of
injustice that is repeating itself across many parts of the West Bank. Too many
communities are coming under multiple threats and intimidation — by legal
process, by bulldozer, by settler violence — to relocate completely or relinquish
surrounding agricultural and grazing lands on which their livelihoods depend. The
international community cannot stand by and witness these acts in silence.”
In a similar situation, the Israeli Government has delivered dozens of eviction
and “stop-work” orders to Palestinian Bedouins in the Abu al-Nawwar village, east
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of Jerusalem, in a plan that would affect the homes of 40 families. The Palestinian
Bedouin families were notified that they must move to the Bawwabat al -Quds area
within a month. The area is on the outskirts of Abu Dis, where the Israeli occupation
plans to forcibly transfer Bedouin families currently living in the so-called
“E1 zone”, which covers some 12,000 dunams (12 square kilometres) north-east of
Jerusalem and west of the illegal Israeli settlement of Maale Adumim. The so-called
“Maale Adumim Plan” aims to completely separate Occupied East Jerusalem from
the rest of the West Bank, in grave breach of the Fourth Geneva Convention,
notably articles 49 and 33.
All such actions further prove Israel’s deceit about any intent to end its illegal
occupation of the State of Palestine. Israel remains unwilling to stop its sett lement
activities in compliance with international law and the international community’s
calls for a complete cessation, and remains unwilling to stop Israeli settler violence
and terror against Palestinians, instead aiding, abetting and protecting settler s in the
perpetration of these crimes. Israeli government officials have compounded such
provocations and incitement by displaying total disrespect for Israel ’s obligations
under international law and disregard for the unanimous demands to immediately
freeze its illegal settlement campaign and save the two-State solution. Just one
example suffices to convey this point: on 23 July, Tzipi Hotovely, Israel ’s new
Deputy Foreign Minister, delivered a defiant message to the international
community, stating: “This land is ours. All of it is ours.”
Such actions and messages must not remain unheeded or unaddressed. Israeli
leaders must be held responsible for their words and deeds that are seriously
undermining the efforts to achieve a peaceful solution to this conflict and further
destabilizing the situation, to the detriment of both the Palestinian and Israeli
peoples and threatening peace and security regionally and globally. It is imperative
that the international community take the necessary measures to compel I srael, the
occupying Power, to cease all of its illegal policies and practices, including with
regard to the sensitive and volatile situation in Occupied East Jerusalem. We appeal
to the Security Council in specific to give immediate attention to this dangerous
situation and to act now to uphold international law, including as articulated in
relevant Security Council and General Assembly resolutions, to salvage the two-
State solution on the basis of the pre-1967 borders and to salvage the prospects for
peace and security.
This letter is in follow-up to our 547 letters regarding the ongoing crisis in the
Occupied Palestinian Territory, including East Jerusalem, which constitutes the State
of Palestine. These letters, dated from 29 September 2000 (A/55/432-S/2000/921) to
9 July 2015 (A/ES-10/684-S/2015/521), constitute a basic record of the crimes being
committed against the Palestinian people by Israel, the occupying Power, for which
it must be held accountable and the perpetrators be brought to justice.
I should be grateful if you would arrange to have the text of the present letter
distributed as a document of the tenth emergency special session of the General
Assembly, under agenda item 5, and of the Security Council.
(Signed) Riyad Mansour
Ambassador
Permanent Observer of the State of Palestine to the United Nations
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*1515590*
General Assembly
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and the
rest of the Occupied Palestinian Territory
Security Council
Seventieth year
Identical letters dated 14 September 2015 from the Permanent
Observer of the State of Palestine to the United Nations addressed
to the Secretary-General, the President of the General Assembly
and the President of the Security Council
I write to draw your urgent attention to the rising tensions in Occupied East
Jerusalem. The illegal actions and constant provocations and incitement by Israel,
the occupying Power, including in particular by right-wing Israeli government
officials, extremist settlers and religious zealots, against the Palestinian people, their
land and their holy places are aggravating already high tensions, religious
sensitivities and the fragile situation on the ground, threatening to ignite religious
conflict and further destabilize the region, which is already experiencing
unprecedented instability and upheaval.
For two consecutive days, extremist Israelis escorted by occupying forces
broke into Al-Aqsa Mosque compound (Al-Haram Al-Sharif), the third holiest site
in Islam, in Occupied East Jerusalem. Israeli occupying forces injured and detained
Palestinian worshippers, prevented the entry of Palestinian worshippers and
instigated violent confrontations, using tear gas, stun grenades and rubber -coated
steel bullets. At least 110 Palestinian civilians, including worshippers, Mosque
guards, reporters and cameramen, have been injured, and occupying forces
obstructed ambulances from reaching the injured. Twenty of the injured have been
transferred to the hospital, with three in critical condition who suffered injuries to
the head and chest areas, including Anas Siyam, a Palestinian boy, who was hit with
a rubber-coated steel bullet in the chest. Sheikh Omar Al-Kiswani, director of the
compound, was also assaulted by Israeli occupying forces. Reports indicate that an
elderly man was shot in the eye with a rubber-coated steel bullet and Tamer Khalaf,
age 29, was assaulted and sprayed with toxic gas prior to being detained by
occupying forces.
In this volatile context, on Sunday morning, 13 September, in an act of
incitement and attempt to breach the sanctity of Al-Haram Al-Sharif, right-wing
Israeli Minister of Agriculture Uri Ariel entered Al-Haram Al-Sharif, escorted by
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heavily armed Israeli occupying forces and more than 30 extremist Israeli settlers.
Again, today, 145 extremist Israeli settlers broke into Al -Haram Al-Sharif via the
Moroccan Gate, provoking worshippers and vandalizing the Mosque. Equally
disturbing, Israeli occupying forces damaged Al-Haram Al-Sharif, breaking
windows and partially burning prayer rugs due to gun fire inside the Mosque. In
addition, Israel, the occupying Power, has imposed restrictions on Palestinians,
denying almost all worshippers entry into the Holy Site, including children and
women. Moreover, last week, Israeli War Minister Moshe Yaalon denied access to
two Palestinian groups who wished to worship at Al-Haram Al-Sharif. Such
provocative incidents only intensify and exacerbate religious sensitivities and the
extremely fragile situation on the ground.
As we witness the persistent deterioration of conditions on the ground due to
Israel’s other illegal actions throughout Occupied Palestine and against the
Palestinian civilian population, and in the absence of peace prospects, we are
compelled again to provide a caution regarding the far-reaching risks of these
provocations and incitement at Al-Haram Al-Sharif. We also underscore in this
regard the recent statement by the United Nations Special Coordinator for the
Middle East Peace Process, Mr. Nickolay Mladenov, who stressed, inter alia, that:
“Political and religious leaders have a responsibility to act against extremists, who
undermine the rule of law.”
At the same time, we regret to inform you that illegal actions overtly intended
to assert Israeli control over the Al-Aqsa Mosque compound also continue unabated,
despite the calls and appeals against such actions. We firmly reject any provocative
plans to spatially and temporally divide the compound. We reiterate the imperative
of respect for the long-standing arrangements and historic status quo at Al-Haram
Al-Sharif, as has been agreed to and respected by all parties for decades, and we
recall the determination of the Security Council that all such measures by Israel, the
occupying Power, “to alter the character and status of the Holy City of Jerusalem,
and in particular the recent ‘basic law’ on Jerusalem, are null and void and must be
rescinded forthwith”.
In this context, we reiterate that all illegal Israeli actions at Al-Haram
Al-Sharif and throughout the rest of Occupied East Jerusalem are in violation of the
numerous relevant Security Council and General Assembly resolutions calling for a
cessation of Israeli policies and measures aimed at altering the character, legal
status and demography of the Occupied Palestinian Territory, including East
Jerusalem, in violation of international law, particularly the Fourth Geneva
Convention, which prohibits such actions. We appeal to the international community
to act in word and deed to compel respect by Israel, the occupying Power, for all of
its obligations under international law.
The Security Council, in accordance with its primary Charter duty for the
maintenance of international peace and security, must give urgent attention to these
disturbing developments and must call for an end to all provocations and incitement
at Al-Haram Al-Sharif in Occupied East Jerusalem and throughout the rest of
Occupied Palestine by Israel, the occupying Power, and its extremist Israeli settlers.
It is clear that such actions are aimed at illegally and forcibly further entrenching
Israeli control over Al-Haram Al-Sharif in Occupied East Jerusalem and must be
rejected unequivocally. Moreover, it is clear that such actions risk the further
destabilization of this fragile situation with unforeseen, dangerous consequences
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that must be averted and must instead be replaced with serious efforts to calm the
situation and revive the prospects for peace on the basis of the relevant United
Nations resolutions, the Arab Peace Initiative and the international consensus on the
two-State solution on the basis of the pre-1967 borders.
The present letter is in follow-up to our 552 previous letters regarding the
ongoing crisis in the Occupied Palestinian Territory, including East Jerusalem,
which constitutes the territory of the State of Palestine. Those letters, dated from
29 September 2000 (A/55/432-S/2000/921) to 11 September 2015 (A/ES-10/689-
S/2015/703) constitute a basic record of the crimes being committed by Israel, the
occupying Power, against the Palestinian people since September 2000. For all of
these war crimes, acts of State terrorism and systematic human rights violations
being committed against the Palestinian people, Israel, the occupying Power, must
be held accountable and the perpetrators must be brought to justice.
I should be grateful if you would arrange to have the present letter distributed
as a document of the tenth emergency special session of the General Assembly,
under agenda item 5, and of the Security Council.
(Signed) Riyad Mansour
Ambassador
Permanent Observer of the State of Palestine
to the United Nations
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18 April 2022
Original: English
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*2205707*
General Assembly Security Council
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and the
rest of the Occupied Palestinian Territory
Seventy-seventh year
Identical letters dated 15 April 2022 from the Permanent Observer
of the State of Palestine to the United Nations addressed to the
Secretary-General, the President of the General Assembly and the
President of the Security Council
Once again, following the same aggressive, destructive and deadly pattern as in
years past, particularly in the holy month of Ramadan, Israel, the occupying Power,
is recklessly inflaming tensions, anger and religious sensitivities with its incursions
at the Haram al-Sharif/Aqsa Mosque and violent assaults on Palestinian worshippers.
Once again, we must therefore reiterate our warnings about the far-reaching
ramifications of such ongoing and escalating provocations by Israeli occupation
forces and extremist Jewish settlers, which are threatening to trigger a religi ous war
in Jerusalem if they are not stopped.
The Palestinian leadership and people condemn in the strongest terms the
violent raid by Israeli occupation forces early this morning on the Haram
al-Sharif/Aqsa Mosque and the attacks on the Palestinian men, women and children
who had gathered there for the dawn prayers.
These attacks constitute grave violations of the rights of our people, including
to worship freely, peacefully and without fear, grave violations of the historic and
legal status quo at this most sensitive holy site, and grave violations of Israel’s
obligations as the occupying Power, under international law, including the Fourth
Geneva Convention and the numerous relevant United Nations resolutions. For all of
these violations, Israel, the occupying Power, must be held fully accountable.
This latest Israeli attack caused injuries to more than 150 people, most of whom
were hit by rubber bullets, stun grenades and tear gas fired at them or were beaten by
Israeli soldiers, as widely documented in video footage and photographs. Dozens of
others were hurt as they tried to flee in the panic that ensued when the occupying
forces entered the compound.
More than 60 of the injured were taken to hospitals, as they were struck in the
upper parts of their bodies. Israeli occupation forces also obstructed medics from
reaching the injured and assaulted journalists and medical personnel. Among the
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many injured were elderly men and women who had come to the Aqsa Mosque to
pray. Israeli occupation forces also forcibly detained more than 400 Palestinians.
Moreover, the occupying forces’ violent and reckless actions caused damage
throughout the holy site. Historic glass windows near the roof of the Aqsa Mosque
were destroyed in order to shoot grenades and rubber-coated metal bullets at
worshippers, significant damage was done to the carpet, and the minbar, where the
imam leads the prayers, was also damaged.
The chaos and panic deliberately caused by Israeli occupation forces in occupied
East Jerusalem has also marred the observances of Christian worshippers on this Good
Friday before Easter, heightening anxieties and fears of further provocations and
assaults, including by extremist Jewish settlers, who continue to incite and threaten
to breach the Haram al-Sharif/Aqsa Mosque on this eve of Passover. This is in
addition to the many restrictions imposed by Israel, the occupying Power, on the
access of worshippers to the City.
As warned in our letter yesterday, 14 April, the convergence of the Muslim,
Christian and Jewish holidays and the volatility of the situation compel greater
vigilance to ensure the protection of civilians and holy sites that continue to come
under assault by an occupying Power that is breaching all legal and moral obligations
incumbent upon it.
We therefore call once again on the international community, and in particular
the Security Council, in light of its duty under the Charter of the United Nations for
the maintenance of international peace and security, to act urgently and responsibly
to defuse this extremely dangerous situation and to protect civilian lives.
Israel, the occupying Power, must be unequivocally demanded to halt its
assaults, provocations and crimes against the Palestinian people and against the holy
sites in Jerusalem and to immediately withdraw all of its forces from the Haram
al-Sharif/Aqsa Mosque. It must moreover be demanded to fully respect the historic
and legal status quo at the Haram al-Sharif/Aqsa Mosque and the authority of the
Islamic Waqf and custodianship of the Hashemite Kingdom of Jordan to administer
and protect this holy site. Israel must be further demanded to release all Palestinians
illegally detained today at the holy compound.
Moreover, the international community must demand that Israel respect its
obligations under the Fourth Geneva Convention and the many relevant United
Nations resolutions, including Security Council resolutions 476 (1980), 478 (1980)
and 2334 (2016). We appeal also to all States and organizations to uphold their
responsibilities in this regard under international law. This is vital to ensure protection
to the defenceless Palestinian people and ensure accountability to bring pressure to
bear on Israel, the occupying Power, in order to bring an end to its crimes and an end
to its illegal and inhumane occupation of the Palestinian people, their land and holy
sites.
The present letter is in follow-up to our 749 letters regarding the ongoing crisis
in the Occupied Palestinian Territory, including East Jerusalem, which constitutes the
territory of the State of Palestine. These letters, dated from 29 September 2000
(A/55/432-S/2000/921) to 14 April 2022 (A/ES-10/896-S/2022/318) constitute a
basic record of the crimes being committed by Israel, the occupying Power, against
the Palestinian people since September 2000. For all of these war crimes, acts of State
terrorism and systematic human rights violations being committed against the
Palestinian people, Israel, the occupying Power, must be held accountable and the
perpetrators must be brought to justice.
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I should be grateful if you would arrange to have the present letter distributed
as a document of the tenth emergency special session of the General Assembly, under
agenda item 5, and of the Security Council.
(Signed) Riyad Mansour
Minister
Permanent Observer
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*2205855*
General Assembly Security Council
Seventy-sixth session Seventy-seventh year
Agenda item 39
Question of Palestine
Letter dated 18 April 2022 from the Permanent
Representative of Algeria to the United Nations addressed to
the Secretary-General
Upon instructions of my Government, I have the honour to transmit herewith a
letter dated 18 April 2022 from the President of the People’s Democratic Republic of
Algeria, Abdelmadjid Tebboune, addressed to the Secretary-General (see annex).
It would be highly appreciated if the present letter and its annex could be
circulated as a document of the General Assembly, under agenda item 39, and of the
Security Council.
(Signed) Nadir Larbaoui
Permanent Representative of the People’s Democratic Republic
of Algeria to the United Nations
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Annex to the letter dated 18 April 2022 from the Permanent
Representative of Algeria addressed to the Secretary-General
[Original: Arabic]
Letter from the President of the People’s Democratic Republic of
Algeria addressed to the Secretary-General
Attacks being perpetrated by the Israeli occupying forces against the sanctity of
the Al-Aqsa Mosque and violence against unarmed crowds of worshippers call to
mind yet again systematic violations of human rights and fundamental freedoms.
These dangerous developments, which come in an already tense international
context, only serve to exacerbate instability in the Middle East region and further
disrupt efforts to reach a just and lasting solution to the Palestinian issue.
Unquestionably, these practices, which recur each year on successive occasions
during the holy month of Ramadan, bear witness to the repression imposed by the
occupation on Palestinian civilians, who deserve respect for their resistance and
sacrifice.
At the same time, these tragic circumstances, for which there is no justification,
underline the inevitability of a peaceful and just solution, which the international
community has consistently affirmed through its support for the need to realize the
inalienable national rights of the Palestinian people, first and foremost their right to
establish an independent national State with Jerusalem as its capital.
If this situation deteriorates, the international community will be ar full
responsibility. It is obligated, through the United Nations and the Security Council,
to act urgently to ensure necessary protection for Palestinian civilians and their holy
places under international law.
That entails warning the occupation of consequences should it take any action
that might inflame tensions and perpetuate the cycle of violence.
The credibility of the United Nations has often been challenged by repeated acts
of violence and the insistence on imposing facts on the ground, which increases
legitimate fears on the part of peoples who believe in an international community
based on justice and coexistence. In the face of these abuses suffered by the
Palestinian people, the United Nations must respond forcefully to the demand for the
right to life and the realization of justice being expressed in peaceful demonstrations.
I would appreciate it if you would pay special attention to these developments and
urge the Security Council to address this disturbing situation with a view to taking
the action it demands.
(Signed) Abdelmadjid Tebboune
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*2205965*
Identical letters dated 21 April 2022 from the Permanent
Representative of Israel to the United Nations addressed to the
Secretary-General and the President of the Security Council
I write to you with the utmost urgency regarding the recent escalation in
Jerusalem and particularly on the Temple Mount. During these special times, when
the three monotheistic religions celebrate their holidays, it is deeply disturbing to
watch as Palestinian extremists hijack these celebrations and turn them violent,
risking civilian lives as well as further escalation. These recent violent provocations
are the direct result of weeks of incitement by Hamas and the Palestinian Authority
leading up to the holidays.
In the early hours of Friday, 15 April, Palestinian extremists – wearing face
masks, waving flags of the terrorist organization, Hamas, and bearing stones, large
rocks, rods and fireworks – ascended the Temple Mount and marched into the
compound of the Aqsa Mosque. In the following hours, these extremists damaged and
desecrated the compound by barricading it, as well as hurling rocks and lighting
fireworks, all for the sole purpose of escalating the situation and creating provocation,
at a cost of freedom of worship and the sanctity of the holy sites. One of the main
targets of these violent Palestinian extremists are Jewish worshippers at the Wailing
Wall, who have also come to pray in the Old City during the Passover holiday.
In order to maintain the freedom of worship for all religions, which was
threatened by the actions of the Palestinian extremists described above, Israeli police
were forced to enter the grounds to disperse the crowd and remove the stones and
rocks, in order to prevent further violence. This was done after efforts by Israeli police
vis-à-vis third parties to try to have the extremists removed from the mosque had been
exhausted, and Waqf authorities confirmed that attempts to remove those violent
actors had proved unsuccessful. Israeli police moved at that point to remove the
violent extremists so as not to threaten the safety of the over 50,000 Muslim
worshippers. The quick and responsible action taken by Israel restored calm, after
which the forces left the area, allowing the immediate resumption of full and free
worship to continue unrestricted, with the approximately 50,000 Muslim worshippers
carrying on with their Ramadan prayers. I emphasize that the actions taken by Isra el
in this incident were taken solely in order to stop the extremists who obstructed and
threatened the security, safety and freedom of worship of their fellow Muslims, as
well as Christians and Jews.
The desecration of the Muslim holy sites by Palestinian extremists is ongoing.
Again, both yesterday and today, a number of violent actors arrived at the Temple
Mount and entered the Aqsa Mosque with stones, large rocks and Molotov cocktails,
which they pelted outside from within the confines of the holy site. One of the
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Molotov cocktails fell short of its intended target and set one of the mosque’s prayer
rugs on fire. Israeli police were forced to respond from outside the mosque in order
to protect the peaceful Muslim worshippers and allow for order to be re stored.
Israel has guaranteed, and always will guarantee, the freedom of worship for all
religions. In recent weeks, and in the face of an escalating wave of terrorism, riots
and incitement, Israel has maintained restraint and has facilitated worship by t ens of
thousands of Muslims on the Temple Mount. In the weeks leading up to the holidays,
Israeli authorities took a number of confidence-building measures vis-à-vis the
Palestinian population in an effort to ease tensions and were in constant contact with
key actors on the ground in an effort to maintain calm and facilitate open
communication and effective coordination during the holiday period. The latest
actions by Israel on Friday were taken after intensive dialogue with the Waqf, and as
a last resort, to restore calm, which then allowed normal prayers to be resumed.
In this context, we must note the uptick in Palestinian incitement in recent
weeks. The Governor of Janin and other senior Fatah officials have publicly embraced
and praised the perpetrators of the recent bloody terrorist attacks in the Israeli cities
of Tel Aviv and Bnei Brak, while Hamas, Islamic Jihad, the Popular Front for the
Liberation of Palestine and others have also posted messages on social media
commending and encouraging the ruthless attacks against Israeli civilians in Tel Aviv
and Bnei Brak, as well as in Hadera and Beersheba. This massive disinformation
campaign by Palestinian officials and terrorist organizations in the press and on social
media is ongoing. While Israel is no stranger to these types of campaign, especially
during times of unrest, it is regretful to note statements by Palestinian Authority and
Jordanian officials, who failed to condemn these brazen acts of violent extremism in
recent days, opting instead to echo distorted narratives regarding the recent
developments in Jerusalem, which destabilizes the situation at the holy sites,
encourages and incites violent extremism and hatred against Jews and ultimately runs
counter to their historic duty. Every responsible partner must recognize this and not
take part in spreading completely false information, which only inflames the
atmosphere. Statements supporting violent action, including the throwing of rocks on
Jewish worshippers at their holiest site on a religious holiday, lead only to further
escalation and needless bloodshed. At the same time, we have not seen any Palestinian
statements denouncing the violence or calling for calm. It is critical that the
international community make clear to the Palestinian side that it is crucial to see
responsible leadership in actions and in words and that it expects no less than that,
given the precarious situation on the ground.
Inflammatory rhetoric, incitement and hate speech, whether by Palestinian
officials, media outlets or non-governmental organizations, have a direct and deadly
effect on the ground. On Sunday, 19 April, Palestinians hurled stones at buses carrying
Jewish worshippers in the Old City of Jerusalem, wounding several civilians,
including a 13-year-old Israeli girl. These and other attacks by Palestinians are the
direct result of a culture of incitement and instigation, either promoted willingly by
some or silently acquiesced to by others.
We are also gravely concerned about the potential for Hamas, Islamic Jihad, the
Popular Front for the Liberation of Palestine and other terrorist groups to use these
events in Jerusalem as an excuse to escalate the situation in the Gaza Strip. Indeed,
we have already witnessed in recent days a number of rocket attacks from Ga za
targeting Israeli civilians. Israel responded with great restraint and carried out a
targeted response in order to protect its citizens, as is our right. It is crucial that the
international community unequivocally condemn such rocket attacks against Is raeli
civilians by Hamas and other terrorist groups and not excuse or turn a blind eye to
these egregious and brazen actions against civilians by terrorists.
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Israel will continue to ensure access to the Temple Mount for peaceful
worshippers and visitors while maintaining security and public order. As a responsible
State, Israel does not wish for escalation and tension. However, Israel remains ready
to respond to any threat of violence that undermines the safety and security of
worshippers of all religions.
I call upon the international community to support Israel’s actions to maintain
calm and stability at the holy sites and in Jerusalem by refraining from inflammatory
rhetoric and by encouraging dialogue. I further call upon the Security Council to
uphold its important responsibility and condemn any act of terrorism and violent
extremism, as well as put a stop to the ongoing culture of incitement and hate speech
by the Palestinian Authority. As demonstrated, incitement and violence are
inseparable. Moreover, the international community must be careful not to adopt or
promote the Palestinian narrative of lies, blaming Israel for the current situation when
Palestinian extremists are wholly to blame. Any drawing of a moral equivalency
between violent Palestinian terrorist groups and Israel – a law-abiding nation – is
repugnant and an affront. Israel has done its utmost to maintain law and order and
peaceful access to all of the holy sites and will continue to do so, even in the face of
Palestinian violence and provocations.
I would be grateful if you would have the present letter distributed as a
document of the Security Council.
(Signed) Gilad Erdan
Ambassador of Israel to the United Nations
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*2206055*
Seventy-sixth session
Agenda item 39
Question of Palestine
Letter dated 21 April 2022 from the Permanent Representative of
Malaysia to the United Nations addressed to the
Secretary-General
I have the honour to convey to you a letter from the Minister of Foreign Affairs
of Malaysia, Saifuddin Abdullah, concerning the situation in Jerusalem (see annex).
I kindly request that you circulate the present letter and its annex as a document
of the General Assembly, under agenda item 39.
(Signed) Syed Mohamad Hasrin Aidid
Permanent Representative of Malaysia to the United Nations
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Annex to the letter dated 21 April 2022 from the Permanent
Representative of Malaysia to the United Nations addressed to the
Secretary-General
I wish to draw your attention to the recent unjust and inhumane actions of the
Israeli occupation forces, who attacked Palestinian Muslims in the holy month of
Ramadan at one of the holiest mosques, Al-Aqsa. Targeted aggression against
worshippers during prayers, particularly during the holy month, is contemptuous to
all Muslims and humanity.
I am outraged by such heinous acts and condemn in the strongest terms the
indiscriminate targeting, injuring and killing of hundreds of Palestinians, especially
women and children.
I believe that the international community must not look away from these
atrocities and allow Israel to continue its unjustified assault on the Palestinians, which
clearly violates numerous United Nations resolutions and international law, including
humanitarian law.
I urge the United Nations, under your able stewardship, to speak with one voice
and act swiftly to de-escalate the situation to avoid more loss of life. The United
Nations must act immediately and fulfil its duties as enshrined in the Charter of the
United Nations.
I wish to reiterate Malaysia’s commitment to the realization of the State of
Palestine based on the pre-1967 borders, with East Jerusalem as its capital. Malaysia
has lent, and will continue to lend, our unwavering support and solidarity to th e
Palestinians.
(Signed) Saifuddin Abdullah
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4 January 2023
Original: English
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*2300129*
General Assembly Security Council
Tenth emergency special session Seventy-eighth year
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and the
rest of the Occupied Palestinian Territory
Identical letters dated 3 January 2023 from the Permanent
Observer of the State of Palestine to the United Nations addressed
to the Secretary-General, the President of the General Assembly
and the President of the Security Council
It is with great alarm that we call upon the international community to act
urgently to halt the impending explosion of the situation in Occupied Palestine and
the grave threats that it poses to international peace and security.
The Security Council must condemn and demand an immediate halt to all
aggressions by Israel, the occupying Power, against the Palestinian people and their
holy sites, especially in Jerusalem, which has been targeted yet again by Israeli
supremacists and extremists, who are not only aided and abetted by the Israeli
government but are part and parcel of it and intent on implementing their racist,
illegitimate and immoral agenda, regardless of the risks to millions of civilian lives
and to regional and international peace and security.
In this regard, I regret to inform you that the new year has begun with yet another
invasion of the Aqsa Mosque/Haram al-Sharif by fanatic Jewish supremacists, led by
the so-called “Minister of National Security” of Israel, Itamar Ben-Gvir, a blatant
fascist who has repeatedly engaged in incitement against the Palestinian people and
against this sacred site and repeatedly stoked violence and terror with his
inflammatory rhetoric, hateful threats and provocative actions.
Today, 3 January, Ben-Gvir stormed the courtyards of the Aqsa Mosque with a
large contingent of occupying forces after repeated public announcements of his
intention to forcibly enter the site, in yet another belligerent attempt to assert Israeli
sovereignty, in grave breach of international law, which absolutely prohibits the
occupying Power from altering the character, status and demography of the occupied
territory.
Moreover, Ben-Gvir, a follower of the terrorist Kach movement, has publicly
called for Haram al-Sharif to be divided and for Jewish rituals to be performed there,
in flagrant violation of the historic and legal status quo that has, for decades upon
decades, preserved a semblance of calm and the sanctity of this most sensitive holy site.
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The Security Council must unequivocally condemn these illegal and dangerous
actions and demand that Israel, the occupying Power, cease its violations and assaults
on this holy site and fully comply with its obligations under international law,
including the Geneva Convention relative to the Protection of Civilian Persons in
Time of War and the relevant United Nations resolutions. Moreover, Israel must be
demanded to uphold forthwith, in word and deed, the historic and legal status quo at
the Aqsa Mosque/Haram al-Sharif and to respect the sole authority of the Islamic
Awqaf at the holy site and the custodianship of the Hashemite Kingdom of Jordan for
the Muslim and Christian holy sites in Jerusalem.
A strong message must be sent to this Israeli government – widely
acknowledged across the international community, and even by many Israelis, as the
most extreme, right-wing Israeli government – that such violations will not be
permitted under any pretext and that the consequences for these aggressions and
crimes will be severe.
Moreover, the international community is duty-bound to reaffirm its rejection
and non-recognition of any Israeli claims of sovereignty in any part of the Occupied
Palestinian Territory, including in Jerusalem and at its holy sites. It is incumbent upon
the Security Council to remind Israel that it is the occupying Power and has no
sovereignty rights whatsoever in Occupied Palestine. It must be reaffirmed, as
underscored in Council resolution 2334 (2016), that the Council will not recognize
any changes to the 4 June 1967 lines, including with regard to Jerusalem, other than
those agreed by the parties through negotiations. Likewise, the obligation of
distinction, as called for in resolution 2334 (2016), is of paramount importance for all
States to uphold in their actions and relations with regard to the occupying Power.
The Security Council has the opportunity to act now to set the tone for this new
year indicating that the violation of international law and human rights will not be
tolerated and that there will be accountability and consequences for the perpetrators .
The Security Council has the opportunity to break its paralysis and to act, in
letter and spirit, in accordance with its duties under the Charter of the United Nations
to confront what is clearly a threat to international peace and security.
The Security Council has the opportunity to shoulder its responsibilities and
reaffirm the primacy of the Charter and the rule of law at this moment, when they are
in such jeopardy, and to reassert that conflict prevention and conflict resolution are
its raison d’être.
The Security Council cannot remain a bystander in the face of this perilous
situation and must make its voice heard and assert its authority. Only such urgent,
serious action can avert the violent explosion and religious war that this Israeli
government and its hateful, racist extremists are threatening to provoke and save the
lives of the millions of Palestinian men, women and children endangered by this
illegal colonial occupation and apartheid regime.
In the face of the extreme dangers posed by Israel’s continued assaults,
especially on the Aqsa Mosque/Haram al-Sharif and on our civilians – including the
killing of more children, among them 15-year-old Adam Ayyad, who was shot in the
chest today by Israeli soldiers in a raid of the Dheisheh refugee camp in Bethlehem,
and two more youths, Mohammad Samer Houshieh, age 22, and Fuad Mahmoud
Abed, age 25, who were shot and killed yesterday in an Israeli military raid on the
town of Kafr Dan in the northern West Bank – President Abbas has instructed us to
call for the convening of an emergency Security Council meeting for immediate
action.
We urge the Security Council and the international community as a whole to
respond swiftly to our pleas and to uphold their responsibilities towards bringing a
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halt to the reign of violence and terror that has long been perpetrated by the Israeli
government, military and settler militias against the Palestinian people, their holy
sites and their very existence. At the forefront of efforts must be tangible actions for
accountability – by the Council, by the General Assembly, by all States and in courts
of law, including the International Court of Justice and the International Criminal
Court. We call upon the international community to act now without delay for the
sake of the human lives at risk and for the sake of justice and peace.
The present letter is in follow-up to our 773 letters regarding the ongoing
historic injustice against the Palestinian people and the crimes being perpetrated by
Israel, the occupying Power, in the Occupied Palestinian Territory, including East
Jerusalem, which constitutes the territory of the State of Palestine. These letters, dated
from 29 September 2000 (A/55/432-S/2000/921) to 20 December 2022
(A/ES-10/920-S/2022/985), constitute a basic record of the crimes committed by
Israel, the occupying Power, against the Palestinian people since September 2000.
For all these war crimes, acts of State terrorism and systematic human rights
violations committed against the Palestinian people, Israel must be held accountable
and the perpetrators brought to justice.
I should be grateful if you would arrange to have the present letter circulated as
a document of the tenth emergency special session of the General Assembly, under
agenda item 5, and of the Security Council.
(Signed) Riyad Mansour
Minister
Permanent Observer
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Distr.: General
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*2306409*
General Assembly Security Council
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
Seventy-eighth year
Identical letters dated 5 April 2023 from the Permanent Observer
of the State of Palestine to the United Nations addressed to the
Secretary-General, the President of the General Assembly and the
President of the Security Council
Once again, even on these holiest of days, and despite repeated warnings and
appeals, Israel continues to inflame religious sensitivities and risk a destructive
implosion during the convergence of Ramadan, Passover and Easter, persisting with
its violence on Palestinian civilians, including innocent Muslim worshippers at
Al-Aqsa Mosque/Al-Haram Al-Sharif in Jerusalem, dangerous provocations,
incitement and assaults at this holy site, the arrest and detention of hundreds of
civilians, and military airstrikes on the Gaza Strip.
Israel’s occupation of Palestine’s territory, driven and sustained by its illegal
settler-colonial enterprise and system of apartheid policies against the Palestinian
people, is the direct source of the instability and violence and the impediment to a
just peace and security.
This is not a so-called “cycle of violence” or “clashes” between two sides, and
the recurrent scene of brutality against peaceful Palestinian worshippers at Al -Aqsa
Mosque, a site holy for Muslims worldwide and solely for Muslim wor ship, is not
normal, regardless of how often repeated by this illegal occupation. It is condemnable,
violates international law and all tenets of moral behaviour and cannot be normalized
and met with silence. One can only imagine the outcry across the international
community if such horrific scenes were witnessed at any synagogue or church.
Yet, once again, in the pre-dawn hours of today, we are forced to witness Israeli
occupying forces raiding Al-Haram Al-Sharif and violently attacking and beating
Palestinians worshippers at Al-Aqsa Mosque, many of whom traditionally stay
overnight to pray, reflect and recite Qur’an during the Muslim holy month of
Ramadan. This aggression was blatantly aimed at forcing them to leave the
compound, rather than letting them pray in peace.
Video documentation shows Israeli soldiers viciously assaulting worshippers
with batons, stun grenades and tear gas to force them out, and women and children
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can be heard crying for help. Several Palestinians were wounded in the attack, and,
according to the Palestine Red Crescent Society, Israeli occupying forces also
prevented medics from reaching the wounded. Moreover, at least 500 Palestinians
were arrested and detained by Israeli occupying forces. A medical clinic inside the
compound was also stormed by Israeli soldiers, who ransacked it and destroyed
everything inside.
All of this is happening against a backdrop of escalating calls by extremist
Jewish settlers intent on breaching the sanctity of Al-Aqsa Mosque/Al-Haram
Al-Sharif with ongoing threats to carry out sacrificial rituals, including slaughtering
an animal, at the holy site during the Jewish holiday of Passover, which begins today.
These dangerous extremists, including members of the so-called “Temple Mount
Faithful Movement”, have been inciting the mass storming of Al-Haram during
Passover and have repeatedly called for the destruction of Al-Aqsa Mosque,
threatening to ignite a catastrophic religious war. It is clear that they have been even
more emboldened by the extremists now present and leading in the Israeli
government, including the far-right Minister Ben-Gvir, who, persisting in a longpattern
of provocation and racist incitement, recently said: “Jews must ascend to the
Temple Mount. The Temple Mount is not just for Arabs.” All such dangerous and
criminal actions must be condemned and halted.
We call upon the international community, including the Security Council, to
unequivocally condemn these aggressions against the Palestinian people and their
holy sites and to demand that Israel, the occupying Power, cease all its illegal and
dangerous actions and abide by its obligations under international law, including
humanitarian law, and relevant United Nations resolutions, inter alia, Security
Council resolutions 476 (1980), 478 (1980) and 2334 (2016), and agreements reached.
Israel must also be demanded to ensure full respect for the historic and legal
status quo at Al-Aqsa Mosque/Al-Haram Al-Sharif and for the authority of the Islamic
Waqf and custodianship of the Hashemite Kingdom of Jordan. Upholding the status
quo at this most sensitive holy site during Ramadan and at all times, as well at all
other holy sites in Jerusalem, including its churches and particularly on these days
that the Christian faithful will come to the City to celebrate Easter, is essential for
ensuring the freedom of worship and safety of all worshippers and averting the
outbreak of a religious conflict with grave consequences.
Moreover, we are compelled to also remind once again that Israel is the
occupying Power and has no sovereignty rights whatsoever in occupied East
Jerusalem, including in the Old City and at its holy sites, regardless of any unilateral
claims, declarations, so-called “Basic Law” or otherwise. Palestinian worshippers
have the right to freely and safely pray at their holy sites in the City, including at
Al-Aqsa Mosque, whenever and at any time, without any obstruction or fear of
violence and reprisal by the occupying Power and its extremist military forces and
settler militias, whose presence in our land is illegal.
The disturbing and dangerous reality we are facing cannot be ignored and must
be addressed with urgency. Israel is proving daily that it has no interest in peace and
is intent on persisting with its aggressions against the Palestinian people, violating
their human rights, colonizing and annexing their land and destroying all prospects
for a just and secure peace. And it is doing this in full view of the international
community, confident in its long-held assumption that it will suffer no consequences
for its crimes.
It is time to prove this assumption wrong. Swift and serious collective action is
required to protect civilian lives and avert further destabilization by the occupying
Power and its warmongering military and extremist, radical settlers, who are openly
instigating an explosion. Such action must include measures of accountability for all
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Israeli human rights violations and war crimes, including at the International Criminal
Court and International Court of Justice, to bring pressure to bear on Israel to end all
of its illegal policies and practices.
We will not relent in our efforts to attain justice for the Palestinian people and
their inalienable human rights, including to return and to live as a free people in peace
and security in their homeland. We thus call again upon all peace- and freedom-loving
nations of the world to join our just struggle and to act forthwith to uphold their
Charter obligations and all other relevant obligations under international law. It is
time for responsible action by all States and organizations to hold Israel accountable
and to undertake concrete measures aimed at decolonization and the dismantlement
of apartheid, for as long as this illegal colonial occupation and apartheid regime
exists, there will never be peace.
This letter is in follow-up to our 783 letters regarding the ongoing historic
injustice against the Palestinian people and the crimes being perpetrated by Israel, the
occupying Power, in the Occupied Palestinian Territory, including East Jerusalem,
which constitutes the territory of the State of Palestine. These letters, dated from
29 September 2000 (A/55/432-S/2000/921) to 27 March 2023 (A/ES-10/931-
S/2023/228) constitute a basic record of the crimes being committed by Israel, the
occupying Power, against the Palestinian people since September 2000. For all of
these war crimes, acts of State terrorism and systematic human rights violations being
committed against the Palestinian people, Israel must be held accountable and the
perpetrators brought to justice.
I should be grateful if you would arrange to have the present letter distributed
as a document of the tenth emergency special session of the General Assembly, under
agenda item 5, and of the Security Council.
(Signed) Riyad Mansour
Minister
Permanent Representative
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*2306660*
Letter dated 10 April 2023 from the Permanent Representative of
Jordan to the United Nations addressed to the President of the
Security Council
Once again, tensions are rising at Jerusalem’s holy sites. Israeli actions are
violating the sanctity of the holy month of Ramadan and preventing worshippers from
freely performing their religious duties. These illegal and provocative actions are
fuelling an already explosive situation.
Despite previous commitments that it would respect the historical and legal
status quo at the holy sites, including in the Aqaba and Sharm El Sheikh meetings,
the Israeli government continues to violate the historical and legal status quo at
Al-Aqsa Mosque/Al-Haram Al-Sharif.
The Israeli Police Force has repeatedly stormed Al-Aqsa Mosque/Al-Haram
Al-Sharif. The Israeli government continues to prevent Palestinians from the West
Bank and Gaza under the age of 40 from performing their religious duties at Al-Aqsa
Mosque/Al-Haram Al-Sharif – one of the three most holy sites in Islam.
During the early hours of 5 April 2023, Israeli police brutally stormed Al-Aqsa
Mosque/Al-Haram Al-Sharif. They injured hundreds and arrested hundreds more. The
Israeli police fired rubber bullets and tear gas at peaceful, unarmed worshippers and
vandalized the holy site.
Israel continues to impose limits on Palestinian Muslims’ access to Al-Aqsa
Mosque/Al-Haram Al-Sharif with the goal of ultimately creating a spatial and
temporal division of the holy site. Such actions by Israel are clear and serious
violations of its obligations as an occupying Power under the rules of international
law and international humanitarian law, including those contained in the 1907
Regulations respecting the Laws and Customs of War on Land and the 1949 Geneva
Convention relative to the Protection of Civilian Persons in Time of War.
These illegal and provocative actions are taking place against a dangerous
environment of despair resulting from the absence of political horizons, and unilateral
Israeli measures that undermine the prospects of peace and cause more suffering to
the Palestinian people.
Jordan and other partners, including the United States of America and the Arab
Republic of Egypt, have worked hard to prevent the eruption of violence and to ensure
a period of calm that would allow for confidence-building measures and lead to
political engagement to achieve just and lasting peace on the basis of the two-State
solution.
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Unfortunately, efforts have not achieved their purpose due to Israeli actions on
the ground that continuously cause the situation to deteriorate. It is imperative that
Israel take all necessary measures to de-escalate. Jordan urges members of the
international community to send a clear message to Israel that it should stop all illegal
and provocative actions that trigger violence. Jordan, however, will continue to work
for calm and peace.
Israeli police must respect the sanctity of the holy sites and stop attacking
worshippers. Israel must stop all intrusions into Al-Aqsa Mosque/Al-Haram
Al-Sharif, especially during the last 10 days of the holy month of Ramadan, in
accordance with the practice implemented for years. It must allow all Muslims and
Christians to exercise their right to freedom of worship, a basic obligation of Israel
not only as an occupying Power but also under the 1966 International Covenant on
Civil and Political Rights. Israel needs to decrease the provocative and overwhelming
police presence around the holy sites.
The Jordanian Waqf Department, under international law, has exclusive
authority over the holy sites. The Waqf Department is the entity entitled, under the
1954 Hague Convention for the Protection of Cultural Property in the Event of Armed
Conflict, to preserve and safeguard Al-Aqsa Mosque/Al-Haram Al-Sharif. Israel is
bound under the Convention to respect the authority of the Waqf Department over the
holy sites.
The Jordanian Waqf Department is capable of managing the holy sites and
ensuring calm, but Israel continues to compromise its ability to do so. Israel has
prevented the Waqf’s cadre from doing its job and is putting unlawful limitations on
the Waqf’s role and resources.
In the face of Israeli attacks on Al-Aqsa Mosque/Al-Haram Al-Sharif, the Waqf
cannot do much to maintain calm at the holy sites. Around 150 unarmed Waqf guards
cannot control the chaos resulting from the continued Israeli police incursions.
The Jordanian Waqf Department will maintain calm and peace at the holy sites
in these sensitive times if Israel, the occupying Power, stops fuelling tensions, stops
attacking worshippers and refrains from creating chaotic conditions, in which it
cannot operate.
The right to worship is a core human right that is well established in
international law. Violating it is a trigger for violence, and violence begets violence.
Again, as the occupying Power, Israel must uphold its legal commitments and
desist from such serious violations of international law.
The Hashemite Kingdom of Jordan will continue to work with all members of
the international community to restore calm and achieve stability, security and a just
peace on the basis of the two-State solution. This just peace is a right for all. It is
imperative that all measures that compromise this right be stopped.
I would be grateful if you would arrange to have the present letter distributed as
a document of the Security Council.
(Signed) Mahmoud D. Hmoud
Ambassador
Permanent Representative
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Original: English
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*2306796*
General Assembly Security Council
Seventy-seventh session
Agenda items 32 and 33
The situation in the Middle East
Question of Palestine
Seventy-eighth year
Letter dated 6 April 2023 from the Permanent Representative of
Egypt to the United Nations addressed to the Secretary-General
In accordance with the rules of procedure of the League of Arab States and in
the capacity of Egypt as the current Chair of the Council of the League of Arab States
at the ministerial level, I have the honour to transmit herewith the communiqué
adopted by the extraordinary session of the Council of the League of Arab States at
the permanent representative level on 5 April 2023 concerning the Israeli attacks on
the sanctity of Al-Aqsa Mosque (see annex).
It would be highly appreciated if the present letter and its annex could be
circulated as a document of the General Assembly, under agenda items 32 and 33, and
of the Security Council.
(Signed) Osama Abdelkhalek
Ambassador
Permanent Representative
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Annex to the letter dated 6 April 2023 from the Permanent
Representative of Egypt to the United Nations addressed to the
Secretary-General
[Original: Arabic]
Communiqué issued by the Council of the League of Arab States
at the level of permanent representatives at its extraordinary
session concerning Israeli attacks against the sanctity of the Aqsa
Mosque, which constitute flagrant and reprehensible violations of
international law and international humanitarian law
The Council of the League of Arab States met in extraordinary session at the
level of permanent representatives on 5 April 2023. The session was chaired by the
Arab Republic of Egypt and held at the request of the Hashemite Kingdom of Jordan
in coordination with the State of Palestine and the Arab Republic of Egypt (chair of
the Ministerial Council) to discuss Arab and international action to address the brutal
Israeli crimes and attacks on the lives and holy places of the Palestinian people in the
occupied city of Jerusalem, the capital of the State of Palestine.
The Council affirmed that it:
1. Strongly condemns the crimes being committed by the Israeli occupation
forces against unarmed Muslim worshippers at the Aqsa Mosque, which have
escalated dangerously during the past few days of the holy month of Ramadan and
led to hundreds of injuries and arrests of persons practicing ritual seclusion at the
mosque, and incursions and deliberate desecration of the Aqsa Mosque by Israeli
officials and extremist settlers under the protection of the Israel i occupation forces;
2. Rejects and condemns all Israeli violations of Islamic and Christian holy
sites and, in particular, attempts to alter the historical and legal status quo at the Aqsa
Mosque, divide it spatially and temporally, turn away Muslim worshippers, or
undermine their freedom to pray there; to take control of Jordanian Islamic Waqf
Administration in occupied Jerusalem, attack staff members and prevent them from
doing their jobs; and to impose Israeli law on the Aqsa Mosque/Haram al-Sharif; and
reaffirms the right of Muslims and Christians to safe and unrestricted access to their
places of worship to perform their religious obligations freely in the Aqsa Mosque
and churches in occupied Jerusalem;
3. Holds accountable Israel, the occupying Power, for the consequences of
these crimes and measures, which undermine freedom of worship at Islamic and
Christian holy sites in the city of Jerusalem, above all at the Aqsa Mosque, and which
constitute flagrant violations of United Nations resolutions, international law and
international humanitarian law; and warns that these attacks and crimes are a blatant
provocation against the sensibilities of believers everywhere that risks igniting a
spiral of violence that could threaten security and stability in the region and the world;
4. Reaffirms the importance of the historical Hashemite Jordanian
custodianship of Islamic and Christian holy sites in the city of Jerusalem, which plays
a major role in protecting those sites and maintaining their historical and lega l status;
and reiterates that the Jerusalem Waqf and Aqsa Mosque Affairs Administration of
Jordan is the sole authority entrusted with administering the affairs of the Aqsa
Mosque/Haram al-Sharif;
5. Salutes, hails and pays tribute to the Palestinian people of Jerusalem, who
stand steadfast in the occupied city of Jerusalem as they defend, unarmed, the Aqsa
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Mosque and Islamic and Christian holy sites against the brutal and systematic crimes
and acts of aggression committed by the occupying Israeli forces in the Holy City;
6. Calls on the United Nations, including the Security Council, to shoulder
its legal, moral and humanitarian responsibilities to bring an immediate halt to this
Israeli aggression, provide international protection to the Palestinian people, and
protect their right to freedom of worship;
7. Demands implementation of resolutions on the Palestinian question issued
by the Executive Council if the United Nations Educational, Scientific and Cultural
Organization (UNESCO), which stress that the Aqsa Mosque/Haram Al-Sharif, over
its entire 144-dunum area, is a dedicated place of worship for Muslims only and an
integral part of the world’s cultural heritage sites;
8. Stresses that member States are determined to take the necessary steps and
measures at all levels, including by engaging in intensive diplomatic action, such as
writing letters, reaching out to contacts and holding bilateral meetings, in order to
protect the city of Jerusalem, defend its Islamic and Christian holy sites, and support
the political, social, economic and humanitarian rights of its people;
9. Calls for coordination between the League of Arab States and the
Organization of Islamic Cooperation to protect the occupied city of Jerusalem from
the policies and systematic attacks of Israel;
10. Calls on the councils of Arab ambassadors and the missions of the League
to launch an intensive diplomatic effort to convey the substance of the present
communiqué to the capitals of influential countries around the world;
11. Calls on the Arab groups at the United Nations, the Human Rights Council
and UNESCO to initiate consultations and the necessary measures to confront and put
a stop to systematic Israeli attacks in the occupied city of Jerusalem;
12. Calls for the Council to remain in permanent session to follow up
developments on the aggressive plans of Israel.
(Statement No. 251 –⁠ 5 April 2023)
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Final Communique Adopted by the Open-ended Extraordinary Meeting of the OIC Executive Committee to Discuss the Ongoing Israeli Aggression against the Al-...
https://www.un.org/...eting-of-the-oic-executive-committee-to-discuss-the-ongoing-israeli-aggression-against-the-al-aqsa-mosque-communique/[22/06/2023 20:29:41]
Final Communique Adopted by the Open-ended
Extraordinary Meeting of the OIC Executive
Committee to Discuss the Ongoing Israeli Aggression
against the Al-Aqsa Mosque – Communique
This is a non-United Nations document. The United Nations provides these documents only as a
convenience for reference purposes, and the inclusion of a document does not imply the endorsement of its
content by the United Nations.
Date: 25/04/2022
Arabic: العربية
Français
Final Communique Adopted by the Open-ended Extraordinary Meeting of the OIC Executive Committee at the
Level of Permanent Representatives to Discuss the Ongoing Israeli Aggression against the Blessed Al-aqsa
Mosque
OIC General Secretariat, Jeddah, Kingdom of Saudi Arabia
24 Ramadan 1443h (25 April 2022)
The open-ended Extraordinary Meeting of the OIC Executive Committee at the level of Permanent
Representatives, held on Monday 25 April 2022 to discuss the ongoing Israeli aggression against the blessed Al-
Aqsa Mosque, at the request of the Republic of Indonesia and in coordination and consultation with the Kingdom
of Saudi Arabia, in its capacity as current chair of the Islamic Summit and chair of the Executive Committee;
Proceeding from the principles and objectives of the charter of the Organization of Islamic Cooperation (OIC)
and the historical, moral and legal responsibility of the Islamic ummah and the obligation of full solidarity with
Palestine and its people,
Pursuant to the resolutions of the Islamic Summit affirming that the cause of Palestine at the core of which is Al-
 Welcome to the United Nations
 
عربي 中文 English Français Русский Español
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Quds Al-Shareef, is the raison d’etre of the OIC and that comprehensive and just peace can be achieved only with
the ending of occupation and with independence of the State of Palestine with Al-Quds Al-Shareef as its capital,
Reaffirming all resolutions adopted by sessions of the OIC Islamic Summit, conferences and relevant
extraordinary meetings,
Recalling all relevant United Nations resolutions – 242 (1967), 252 (1973), 338 (1973), 465, 476 and 478 (1980),
1073 (1996) and the resolutions of the 10th emergency extraordinary meeting of the United Nations General
Assembly 2/10 adopted on 24/2/1997 and 3/10 adopted on 15/7/1997 on the illegal Israeli practices in occupied
East Jerusalem and the rest of the occupied Palestinian territories and Security Council resolution 2334 (2016),
Reaffirming all relevant international resolutions, including the legal opinion of the International Court of Justice
of 9 July 2004 and the Conferences of the High Contracting Parties to the 1949 Geneva Convention to Enforce
the Convention on the Occupied Palestinian Territories, including Jerusalem,
Rejecting all attempts by the occupation to change the historical and legal status of the occupied Al-Quds and
condemning statements, positions and decisions aimed at changing the status of the occupied Al-Quds,
Commending the resilience of the Palestinians and their legitimate and heroic struggle to defend their holy sites
for the sake of their freedom and inalienable national rights,
Reiterating that all legal and administrative actions and measures taken by Israel, the illegal occupation authority,
to impose its laws and administrative measures on the occupied Al-Quds are illegal, null, void and illegitimate,
and calls on states, institutions, organizations and companies strictly not to recognize or deal in any form with
these measures,
Reiterating the centrality of the cause of Palestine for the entire Islamic ummah at the core of which is Al-Quds
Al-Shareef, and affirming the Arab and Islamic identity of the occupied East Jerusalem as the capital of the State
of Palestine and rejecting any form of prejudice thereto,
Affirms that Al-Quds Al-Shareef and the blessed Al-Aqsa Mosque, Islam’s first qibla and third holiest mosque, is
a red line for the Islamic ummah; that there can be no security and stability without its full liberation from
occupation and return to its Palestinian people and Islamic ummah; calls on Member States to make concerted
and individual efforts and rally round and defend Al-Quds and its holy sites, and address Israel’s crimes, provide
support for the Palestinian people and the wherewithal for their resilience in the face of barbaric Israeli attacks;
and requests them to respect and implement the OIC resolutions on the Palestinian cause as the central cause of
the Islamic ummah and raison d’etre of the OIC.
Condemns the criminal Israeli aggression against the Palestinians, particularly in Al-Quds and rejects all illegal
measures in the city aimed at enforcing Israeli colonial control on it and altering its historical and legal status,
demographic composition and Arab and Islamic character; condemns the continuous cruel attack by the
occupation army and extremists on worshipers in the blessed Al-Aqsa Mosque/ Al-Quds Al-Shareef Haram the
Palestinian people, which have escalated in a dangerous manner in recent days in the blessed month of Ramadan
and led to hundreds of innocent Muslims being injured and arrested, causing serious damage to the facilities of
Al-Aqsa Mosque, in a repeated desecration of its sanctity and the religious rites of the worshipers, a serious
provocation of Muslims’ sensibilities and continued violation against the Palestinians, Al-Quds and its holy sites,
and holds Israel responsible for the fallouts of these escalations, rejects all illegal measures in the city, including
attempts at temporal and spatial division of the blessed Al-Aqsa Mosque/ Al-Quds Al-Shareef Haram and
demands their immediate stop; also affirms that there is no legal, religious or historical legitimacy for these
dangerous steps that prejudice the sanctity of the blessed Al-Aqsa Mosque.
Reiterates the sovereignty of the State of Palestine over all Palestinian lands occupied in 1967, including East
Jerusalem and its borders with neighboring states and opposes any steps that can prejudice such; underscores its
rejection and condemnation of any misleading designation of Al-Aqsa Mosque/ Al-Quds Al-Shareef Haram; calls
for refrain from using religious names on the Al-Aqsa that falsify the Mosque’s history and existing legal and
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historical status, affirming that such contributes to stoking and perpetuation of the conflict.
Supports the steadfastness and legitimate rights of the brotherly Palestinian people, notably their right to freedom
and a sovereign independent state, with East Jerusalem as its capital, on the basis of the two-state solution, in
accordance with international law, the Arab peace initiative and accredited international terms of reference. Calls
on Israel to stop all escalations and aggression in the entire occupied Palestinian territory and to stop all actions
that threaten security and peace and undermine the two-state solution and the chances of achieving just and
comprehensive peace, which is the Arab and Islamic strategic choice and a regional and international necessity.
Also calls for the provision of urgent humanitarian assistance to alleviate the plight of the Palestinians and
strengthen their resilience.
Calls on all Member States and their permanent representatives at international organizations on the need to act
and confront this escalation at all levels including by writing to the United Nations Secretary General and the
Security Council about the illegal steps taken by Israel, the illegal occupation authority, to create a new reality in
Al-Quds Al-Shareef and to divide the Mosque temporally and spatially, requesting them to assume their
responsibility with this escalation.
Affirms its rejection of selective implementation of international law, including international human rights law
and the continued exemption of the Palestinian people who have suffered more than fifty-five years of injustice
under military occupation; stresses that the Palestinian people cannot be left to the mercy of harsh and illegal
military occupation embodying all forms of violence, tyranny and racial segregation; and demands the
application of all rights and protections which are guaranteed under international law and granted to all peoples
of the world.
Emphasizes its absolute rejection of attempts at justifying ongoing Israeli aggression against the Palestinian
people and calls for an end to the exemption enjoyed by Israel, the colonial occupation authority, in relation to its
obligations under international law and demands of the international community to subject Israel to
accountability over all its crimes against the Palestinian people.
Emphasizes the role of the historical Hashemite custodianship of His Majesty King Abdullah II Ibn Al-Hussein,
King of the Hashemite Kingdom of Jordan, for the protection of Islamic and Christian holy sites in Al-Quds and
the existing historical and legal status in the city; also emphasizes the need to remove all restrictions
encumbrances hampering the work of the Waqf Department in managing the affairs of the blessed Al-Aqsa
Mosque/ Al-Quds Haram and to preserve its facilities.
Calls for more effective measures to overcome obstacles to the exercise by the Palestinian people of the right to
self-determination, by ensuring provision of protection against the tyranny and aggression of the colonial
occupation authorities and hold it accountable for its crimes, including racial segregation apartheid policies, and
calls for intensified efforts to achieve a just solution based on law and international legitimacy and to end
colonial occupation of the land of the State of Palestine.
Calls on the Member States and their permanent representatives at international forums to provide international
protection for the Palestinian people and end their plight by halting the colonial Israeli occupation established on
the land of the State of Palestine in defiance of all legal, moral and humanitarian principles and demands an end
to the ongoing injustice that has deprived generations of Palestinians the enjoyment of their basic rights,
including their right to self-determination and national independence.
Affirms the centrality of the role of the Al-Quds Committee under the leadership of His Majesty King Mohamed
VI, King of the Kingdom of Morocco, in challenging the dangerous measures taken by the Israeli occupation
authorities in Al-Quds Al-Shareef, and commends the role of Bayt Mal Al-Quds Agency.
Calls on the international community to respect the United Nations resolutions on Al-Quds to intensify pressure
on Israel to end its illegal occupation of the land of the State of Palestine occupied since 1967 and compel it to
abide by the charter of the United Nations, the principles of international law and relevant United Nations
resolutions on the Palestinian cause, including resolutions adopted by the United Nations Educational, Scientific
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and Cultural Organization (UNESCO), which affirmed that the Al-Aqsa Mosque/Al-Quds Haram is an Islamic
location for Muslim worship and integral part of the World Heritage Sites locations.
Affirms the need for Israel to respect the existing historical and legal status in the Al-Quds Haram and return to
the pre-2000 condition in order to respect the fact that the 144 Dounem wide Al-Aqsa Mosque is the exclusive
place of worship of Muslims, and that visits by non-Muslims to the place be organized by the Islamic waqf
department under the Jordanian Ministry of Islamic Waqf and Holy Sites in its capacity as legal entity with
exclusive prerogative to manage the Haram affairs and organize access to it.
Affirms that the time has come for the international community to assume its responsibilities towards fifty-five
years of occupation by the colonial occupation authorities and stand up to this illegal system of continued
aggression and colonialism at all levels by taking further serious measures and steps to ensure accountability for
all violations perpetrated and to ensure justice for the long-suffering Palestinian people.
Requests the international community to compel Israel, the illegal occupation authority, to rescind its illegal
decision to annex Al-Quds, and recalls the Islamic position calling for the deployment of all capabilities to
confront this decision, and invites them to respect all relevant, United Nations resolutions, in particular Security
Council resolutions 465 (1980) and 478 (1980).
Affirms that the road to realize peace and security in the Middle East regions starts with ending the Israeli
occupation and the withdrawal of the occupation army and colonialists from the land of the State of Palestine,
notably the City of Al-Quds, in implementation of relevant international resolutions. Welcomes the outcomes of
the fourth meeting of the Arab ministerial committee tasked with international action to challenge the illegal
Israeli actions and policies in the occupied Al-Quds, held in Amman on 21 April 2022.
Calls for intensified coordination and cooperation between the OIC and the League of Arab States, the United
Nations and other relevant international organizations where Member States have representatives to respond to
any step capable of prejudicing the legal and historical status of the City of Al-Quds.
Entrusts the Secretary General to follow up the developments in this regard and to convey the position of the OIC
to international bodies and report thereon to the next session of the Council of Foreign Ministers.
Document Type: Communiqué
Document Sources: Organization of Islamic Cooperation (OIC)
Subject: Holy places, Jerusalem, Security issues, Violence
Publication Date: 25/04/2022
URL source: https://www.oic-oci.org/topic/?t_id=34972&t_ref=23692&lan=en
RESOLUTIONS ON PALESTINE
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Final Communique Adopted by the Open-ended Extraordinary
Meeting of the Executive Committee of the Organization of Islamic
Cooperation (OIC) to Discuss the Ongoing Israeli Attacks on Al-
Aqsa Mosque 24 May 2023
Date: 24/05/2023
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The Executive Committee of the Organization of Islamic Cooperation (OIC), in its extraordinary,
open-ended meeting, held on Wednesday, 24th May 2023, at the headquarters of the OIC
General Secretariat in Jeddah, Kingdom of Saudi Arabia, at the request of the State of
Palestine and the Hashemite Kingdom of Jordan, and in coordination and consultation with the
Kingdom of Saudi Arabia, the current Chair of the Islamic Summit and the Executive
Committee, to discuss the dangerous developments in the occupied city of AL-Quds, following
storming of the blessed Al-Aqsa Mosque / Al-Haram Al-Qudsi Al-Sharif by a minister in the
Israeli government, guarded and protected by the Israeli occupation forces,
Proceeding from the principles and objectives of the Charter of the Organization of Islamic
Cooperation,
Affirming all relevant resolutions of the Islamic Summits, Councils of Foreign Ministers and
extraordinary meetings of the Organization of Islamic Cooperation;
Reiterating the centrality of the Cause of Palestine, on top of which is Al-Quds Al-Sharif, for the
entire Muslim Ummah:
1. Affirms that the Israeli minister's storming of the blessed Al-Aqsa Mosque and violating its
sanctity is a provocative step that is condemned in the strongest terms and represents a
flagrant and unacceptable violation of international law and the existing historical and legal
status in AL-Quds and its holy sites, and that it is a dangerous escalation that requires the
international community, including the Security Council, to work immediately to stop it through
effective steps that would compel Israel, the occupying power, to stop its attacks on the
Palestinian people and its violations of international law and international humanitarian law, and
not to take any provocative steps in Al-Quds Al-Sharif that would prejudice the feelings of
millions of Muslims around the world and threaten security and stability in the region, stressing
that there is no sovereignty for Israel over AL-Quds and the holy sites, and that East Jerusalem
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is an occupied Palestinian land.
2. Confirms that the blessed Al-Aqsa Mosque / Al-Haram Al-Sharif, with its entire area of 144
dunums, is a pure place of worship for Muslims, and that AL-Quds Endowments and the
Blessed Al-Aqsa Mosque Affairs Department affiliated to the Jordanian Ministry of Awqaf,
Islamic Affairs and Holy Sites is the legal authority with exclusive jurisdiction to manage all
affairs of Al-Quds Al-Sharif and organize access to it, and further affirms the right of the State of
Palestine to sovereignty over the occupied city of East Jerusalem, and that Israel, the
occupying power, has no right nor sovereignty over the occupied city of AL-Quds and its Islamic
and Christian holy sites.
3. Condemns in the strongest terms the Israeli occupation government's setting a dangerous
precedent by holding its meeting in a tunnel, one of the illegal Israeli excavations and tunnels
network, located adjacent to the Western Wall of the blessed Al-Aqsa Mosque, a few days after
it approved its sponsorship of the so-called condemned flags march that stormed the
neighborhoods of the Old City of AL-Quds under the protection of the occupation forces. It also
affirms that such provocative and illegal actions are null and void and have no legal effect.
4. Underlines the importance of the continuation of concerted efforts of the Member States to
protect the blessed Al-Aqsa Mosque and the Islamic and Christian holy sites in the occupied
city of AL-Quds, the capital of the State of Palestine, and to support the steadfastness of the
Palestinian citizens of Al-Quds in the face of aggressive Israeli policies and practices aimed at
controlling the city, changing its original Arab character and identity, changing its existing
historical and legal status, and imposing the temporal and spatial division on the blessed Al-
Aqsa Mosque / Al-Qudsi Al-Sharif. It further affirms support for the Hashemite Custodianship
over the Islamic and Christian holy sites in AL-Quds and its role in protecting its Arab, Islamic
and Christian identity.
5. Reaffirms the important role of Al-Quds Committee under the leadership of His Majesty King
Mohamed VI, of Morocco, in challenging the detrimental policies implemented by the Israeli
occupation authorities in Al-Quds Al-Sharif to change the character and legal status of the city
as well as its demographic, cultural and historical composition; and values the role of Bayt Mal
Al-Quds Agency.
6. Calls upon the international community and the Security Council to put pressure on Israel,
the occupying power, to stop these Israeli violations, including settlement expansion and all
measures aimed at changing the legal and historical status quo in the blessed Al-Aqsa Mosque,
which would push the situation in the region to further deterioration, holding Israel fully
responsible for the results of its provocative and illegal actions.
7. Stresses the need to activate efforts aimed at achieving a comprehensive, just and lasting
peace on the basis of international law and relevant United Nations resolutions and the twostate
solution that guarantees the establishment of an independent, sovereign, geographically
contiguous and viable Palestinian state on the lines of 04 June 1967 with East Jerusalem as its
capital, and to stop all illegal Israeli measures that undermine this solution.
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8. Appreciates the positions of the countries that expressed their rejection and condemnation of
the provocative and aggressive Israeli storming of the blessed Al-Aqsa Mosque, and which
affirmed their positions refusing to change the existing legal and historical status of the Islamic
and Christian holy sites in AL-Quds, foremost of which is the blessed Al-Aqsa Mosque.
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OIC Condemns Israel’s Storming of Jenin and Accelerating Settlements
    
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UNITED S NATIONS
Security Council Distr.
GENERAL
S/RES/1073 (1996)
28 September 1996
RESOLUTION 1073 (1996)
Adopted by the Security Council at its 3698th meeting,
on 28 September 1996
The Security Council,
Having considered the letter dated 26 September 1996 from the
representative of Saudi Arabia on behalf of the States Members of the League of
Arab States, contained in document S/1996/790, that referred to the action by
the Government of Israel to open an entrance to a tunnel in the vicinity of
Al Aqsa Mosque and its consequent results,
Expressing its deep concern about the tragic events in Jerusalem and the
areas of Nablus, Ramallah, Bethlehem and the Gaza Strip, which resulted in a
high number of deaths and injuries among the Palestinian civilians, and
concerned also about the clashes between the Israeli army and the Palestinian
police and the casualties on both sides,
Recalling its resolutions on Jerusalem and other relevant Security Council
resolutions,
Having discussed the situation at its formal meeting on 27 September 1996,
with the participation of Ministers of Foreign Affairs of a number of countries,
Concerned about the difficulties facing the Middle East peace process and
the deterioration of the situation, including inter alia its impact on the
living conditions of the Palestinian people, and urging the parties to fulfil
their obligations, including the agreements already reached,
Concerned about developments at the Holy Places of Jerusalem,
1. Calls for the immediate cessation and reversal of all acts which have
resulted in the aggravation of the situation, and which have negative
implications for the Middle East peace process;
2. Calls for the safety and protection of Palestinian civilians to be
ensured;
96-25724 (E) /...
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S/RES/1073 (1996)
Page 2
3. Calls for the immediate resumption of negotiations within the Middle
East peace process on its agreed basis and the timely implementation of the
agreements reached;
4. Decides to follow closely the situation and to remain seized of the
matter.
-----
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United Nations S/RES/1322 (2000)
Security Council Distr.: General
7 October 2000
00-67937 (E)
`````````
Resolution 1322 (2000)
Adopted by the Security Council at its 4205th meeting on
7 October 2000
The Security Council,
Recalling its resolutions 476 (1980) of 30 June 1980, 478 (1980) of 20 August
1980, 672 (1990) of 12 October 1990, and 1073 (1996) of 28 September 1996, and
all its other relevant resolutions,
Deeply concerned by the tragic events that have taken place since 28
September 2000, that have led to numerous deaths and injuries, mostly among
Palestinians,
Reaffirming that a just and lasting solution to the Arab and Israeli conflict must
be based on its resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22
October 1973, through an active negotiating process,
Expressing its support for the Middle East peace process and the efforts to
reach a final settlement between the Israeli and Palestinian sides and urging the two
sides to cooperate in these efforts,
Reaffirming the need for full respect by all of the Holy Places of the City of
Jerusalem, and condemning any behaviour to the contrary,
1. Deplores the provocation carried out at Al-Haram Al-Sharif in Jerusalem
on 28 September 2000, and the subsequent violence there and at other Holy Places,
as well as in other areas throughout the territories occupied by Israel since 1967,
resulting in over 80 Palestinian deaths and many other casualties;
2. Condemns acts of violence, especially the excessive use of force against
Palestinians, resulting in injury and loss of human life;
3. Calls upon Israel, the occupying Power, to abide scrupulously by its legal
obligations and its responsibilities under the Fourth Geneva Convention relative to
the Protection of Civilian Persons in Time of War of 12 August 1949;
4. Calls for the immediate cessation of violence, and for all necessary steps
to be taken to ensure that violence ceases, that new provocative actions are avoided,
and that the situation returns to normality in a way which promotes the prospects for
the Middle East peace process;
HP EXHIBIT 155
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S/RES/1322 (2000)
5. Stresses the importance of establishing a mechanism for a speedy and
objective inquiry into the tragic events of the last few days with the aim of
preventing their repetition, and welcomes any efforts in this regard;
6. Calls for the immediate resumption of negotiations within the Middle
East peace process on its agreed basis with the aim of achieving an early final
settlement between the Israeli and Palestinian sides;
7. Invites the Secretary-General to continue to follow the situation and to
keep the Council informed;
8. Decides to follow closely the situation and to remain seized of the matter.
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Security Council Press Statement on Situation in Jerusalem | Meetings... http://www.un.org/press/en/2015/sc12052.doc.htm
1 sur 2 10/11/2015 02:59
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*1533018*
15-33018 (E)
This record contains the text of speeches delivered in English and of the translation of
speeches delivered in other languages. The final text will be printed in the Official Records
of the Security Council. Corrections should be submitted to the original languages only. They
should be incorporated in a copy of the record and sent under the signature of a member
of the delegation concerned to the Chief of the Verbatim Reporting Service, room U-0506
([email protected]). Corrected records will be reissued electronically on the Official
Document System of the United Nations (http://documents.un.org).
United Nations S/PV.7540 (Resumption 1)
Security Council
Seventieth year
7540th meeting
Thursday, 22 October 2015, 3 p.m.
New York
Provisional
President: Mr. García Margallo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Spain)
Members: Angola . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ms. Jorge
Chad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Mahamat Zene
Chile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Barros Melet
China . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Liu Song
France . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ms. Bergeon-Dars
Jordan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Omaish
Lithuania . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ms. Gleveckaitė
Malaysia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mrs. Adnin
New Zealand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Van Bohemen
Nigeria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Aliyu
Russian Federation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Safronkov
United Kingdom of Great Britain and Northern Ireland . . Mr. Hickey
United States of America . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Wagner
Venezuela (Bolivarian Republic of) . . . . . . . . . . . . . . . . . Ms. Rodríguez Gómez
Agenda
The situation in the Middle East, including the Palestinian question
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S/PV.7540 (Resumption 1) The situation in the Middle East, including the Palestinian question 22/10/2015
The meeting resumed at 3.05 p.m.
The President (spoke in Spanish): I wish to remind
all speakers to kindly limit their statements to no
more than four minutes in order to enable the Council
to carry out its work expeditiously. Delegations with
lengthy statements are kindly requested to circulate
the texts in writing, and to deliver a condensed version
when speaking in the Chamber in order for us to work
more efficiently. I would also like to appeal to speakers
to deliver their statements at a normal speed so that the
interpretration can be provided accurately.
I now give the floor to Mr. Børge Brende, Minister
of Foreign Affairs of Norway.
Mr. Brende (Norway): Mr. President, I thank you
for this initiative. It is a very important meeting. With
the ongoing war in Syria and its escalating humanitarian
consequences both in the region and in Europe, it is
with deep concern that we have witnessed the vicious
cycle of escalating violence and tensions in Israel and
Palestine during the past weeks. The process of finding
a negotiated end to the conflict by establishing two
States living side by side in peace and security is stuck.
The two peoples now live side by side in fear, anger and
distress.
I would like to make three observations.
First, I welcome all efforts to promote calm,
encourage restraint and prevent actions that further
exacerbate tensions, in particular around the holy sites
in Jerusalem. But more needs to be done. I call on
every politician, community elder and religious leader
to refrain from reckless and inflammatory statements
and actions; reject the extremists who pursue a political
agenda to turn the current situation into a religious
conflict; condemn all acts of terror; and show respect for
the sanctity and the dignity of the holy sites. I welcome
commitments to maintaining the status quo at the holy
esplanade. Security coordination between Israelis and
Palestinians must continue. Like every other State,
Israel has the right to take necessary measures to protect
its citizens against violence and unprovoked killings.
At the same time, measures construed as collective
punishments, such as house demolitions, should stop
immediately, both in Jerusalem and on the West Bank,
as they feed violence.
Secondly, I call for a return to a credible political
process. While tensions at the holy sites in Jerusalem
instigated the current crisis, lack of hope for a better
political future contributes to increased frustration
and anger among the Palestinian youth. No amount of
frustration justifies violence. Still, the crisis cannot be
resolved through de-escalation and security measures
alone. The current tensions call for immediate and
coordinated political steps by both sides. Israel should
stop building new settlements on occupied land and
expanding existing ones. Such building undermines any
political process and turns hope into frustration, anger
and rage. Palestine needs to reform and strengthen
its political institutions and governance structures.
In particular, the West Bank and Gaza need to be
reintegrated into one authority that fully respects the
parameters of the security agreements between Israel
and the Palestine Liberation Organization.
Thirdly, cooperation on tangible measures
to strengthen the Palestinian economy and the
reconstruction of Gaza can pave the way for the
political process. Last month, I chaired the meeting of
the donors group, the Ad Hoc Liaison Committee, here
in New York. The donors reiterated their continued
commitment to supporting the establishment of
capable and robust Palestinian institutions and a
viable economy. Measures need to be undertaken in
the West Bank, Gaza and Area C. Unresolved issues
related to the Paris Protocol need to be resolved without
delay. Donors cannot be expected to compensate for
unresolved economic issues between the two parties. I
urge the donors to increase their support.
It is clear, however, that no donor support can
substitute or compensate for inadequate measures
by the Palestinian Authority or by Israel themselves.
Also, achieving the full potential of a Palestinian State
with well-functioning political and governmental
institutions, including a sustainable economy, requires
a political resolution of the conflict. I therefore welcome
the interest expressed by both sides in doing more and
in working harder together to improve the Palestinian
economy and reconstruct Gaza.
Direct economic cooperation is no substitute for
a political process, but may help to build stability
and establish better grounds for the political process.
While the parties themselves hold the keys to resuming
talks, the international community needs to engage
and support them in a concerted manner that can bring
the conflict to a resolution. Business as usual cannot
continue.
I started my statement by referring to Syria. To
facilitate a more coherent and better funded response to
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22/10/2015 The situation in the Middle East, including the Palestinian question S/PV.7540 (Resumption 1)
the humanitarian needs, Norway, Germany, the United
Kingdom and Kuwait are cooperating to convene a
donor conference next year. We hope that, while we
struggle to find a political solution to the conflict,
we can develop ways and means to better face the
humanitarian challenges.
The President (spoke in Spanish): I now give the
floor to the Minister for Foreign Affairs of Qatar.
Mr. Al-Attiyah (Qatar) (spoke in Arabic): We
congratulate you, Sir, on your country’s accession to
the presidency of the Security Council and thank you
for presiding personally over today’s meeting and for
the invitation to participate in this debate at a time when
the Middle East region is heading into an extremely
grave situation. We also wish to thank Spain for its role
in promoting peace in the region and Mr. Jan Eliasson
for his briefing.
The Council is meeting today to consider the
situation that is unfolding as a result of the serious
escalation in the activities of the Israeli Defense
Forces against the Palestinian people. Anyone who has
followed the situation knows that the situation is the
result of the occupation, with its illegal settlements,
its discrimination against the Palestinian people, its
violation of their rights and basic freedoms, its denial
of access to natural resources and its stifling economic
blockade. The Palestinians are currently the object of
crimes committed by Israeli extremists, who act with
impunity.
The Palestinian people have taken to the streets yet
again in order to express their rage for reasons that are
perfectly understandable. They are a people whose land
has been occupied and who are subjected to humiliation
daily. Their land is constantly being usurped and
confiscated in order to build settlements. We can all
bear witness to that, and today we are here to discuss
a question of major importance that weighs heavily
not only on the shoulders of the Arab and Muslim
peoples but that unites all the world’s democracies. It
has been impossible to resolve the dispute, because
the international community is not prepared to impose
a just solution. The Palestinian people are being held
hostage to the balance of power between the occupying
Power and the occupied people.
Negotiations have therefore lost their value. Talks
have not been held on a continuing basis, and Israel has
adopted the practice of annexing forcibly occupied land
in Jerusalem and in the Golan. The Gaza Strip has been
under siege for years, and wars have been unleashed
against anyone who resisted. Finally, there are those
who are bent on blocking access to the holy sites in
Jerusalem, which could even lead to the division of the
space. Those groups are an integral part of the Israeli
Government.
The Palestinian people take to the street to be heard,
not because they seek mercy or pity. The Palestinian
people have dignity. They are the original population.
They take to the street to say that they reject humiliation
and occupation and that they do not accept the
international indifference that has allowed a just cause
to go without response for decades. Apartheid is over,
but in Palestine, for all intents and purposes, it is on the
verge of being restored. Here, I would like to point out
that the generation that has taken to the streets and that
is being subjected to summary executions is demanding
a solution based on the 1967 borders before it is too late.
The elements on the ground presage terrible results.
The people of the region are facing a new tragedy
that risks exacerbating the question of Syria, which is
an international question. Despite the suffering of the
Syrian people, the international community has not
attempted to resolve it. The international community
has proof of the use of chemical weapons and barrel
bombs, and there has been a mass exodus of people, yet
the regime remains in place, because no one has put an
end to its excesses.
We have discussed the matter many times but no
one has replied to the question of why we have not
provided protection to Syrian civilians or why we
have not succeeded in protecting them. I do not think
there is a convincing answer to that question. We
continue to speak about combating terrorism. We all
face that danger, and we must all work to combat it,
but the Syrians believe that the main problem is State
terrorism. Unfortunately, opposition to the Syrian
regime no longer rests simply on the fact that it is a
criminal regime that commits crimes against humanity.
Now it is a matter of seeing whether or not there is a
point in combating terrorism. That is exactly what the
Syrian people were afraid of. What we need to do today
is to agree again to implement the Final Communiqué of
the Action Group for Syria of 30 June 2012 (S/2012/523,
annex), establishing a transitional authority with the
executive power to address the demands of the Syrian
revolution while preserving that country’s sovereignty,
territorial integrity and unity. Such a solution would
spare the world the dangers of terrorism.
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Now we must seriously address the task of finding
a solution to the destructive mechanism that has led
to the total destruction of Syria and turned its people
into refugees in our countries and all over the world.
We can testify to the gravity of the situation just by
counting the number of victims. The situation in Syria
is a tragedy that will remain etched in human memory.
Unfortunately, the international community has chosen
to respond based on self-interest. We used to believe that
the solution for Syria should, above all, be a political
one, but have we asked ourselves what we have done to
improve the situation and whether we have acted with
courage to protect those who need our protection? By
that, I mean the Syrian people and none other.
The President (spoke in Spanish): I now give the
floor to the Minister for Foreign Affairs of Sweden.
Ms. Wallström (Sweden): I thank Spain for
organizing this timely meeting and Foreign Minister
García Margallo for presiding over it. I would also like
to thank Deputy Secretary-General Jan Eliasson for his
strong remarks and strong message to us this morning.
I welcome the Secretary-General’s visit to the
region, and, as he said in Jerusalem earlier this week,
the terror attacks against civilians are deplorable. Such
random attacks make every place unsafe and every
person a potential victim. We are, of course, deeply
concerned about the deaths on both sides, with nearly
2,000 injured so far in October, a vast majority of
whom were Palestinians. The Israeli response must
be proportionate. All perpetrators must be brought to
justice and excessive use of force must not be used.
There is an urgent need for leadership, responsibility
and restraint.
One year ago, Sweden decided to recognize the
State of Palestine. Our recognition aimed at making
the parties to the conflict less unequal. It aimed at
supporting moderate Palestinians and Israelis alike,
providing a positive input into the dynamics of the
dormant Middle East peace process and at sending
a clear and convincing message of hope to younger
generations that there is an alternative to violence
and to the so-called status quo. As we have seen in
recent weeks, the absence of hope is one of the greatest
challenges facing the prospect of peace and the vision
of a two-State solution.
But we believe that it is not too late for initiatives
for de-escalation, confidence-building and peace in
the region. It is time to create conditions for a resultsoriented
peace process, including confidence-building
measures such as settlement freezes. Now it is time
for the full implementation of agreements reached
between Palestine and Israel. Now is time to end the
isolation of Gaza and for all factions in Palestine
to cooperate. Now it is time to remove obstacles to
economic development in all of Palestine, including
that of limited access to Area C and Gaza. Now it is
time for an international recommitment regarding clear
parameters and realistic time frames for negotiations
and an end to the occupation. We must not lose track of
the real goal: a negotiated two-State solution and an end
of the occupation where both Palestine and Israel can
live side by side in peace and security, and the Council
should lead the way.
The recent escalation of the violence in Syria is
deeply concerning, and the present situation, more
than ever, calls for the complete, genuine and concrete
support of Special Envoy Staffan de Mistura and
a political solution. That humanitarian crisis is the
world’s largest in modern times, and my country,
Sweden, shoulders its responsibility in three ways.
First, we are currently receiving 3,000 Syrian
refugees every week, and to date we have received
100,000, although I know it is a small number compared
to the neighbouring countries of Lebanon, Jordan and
Turkey. Secondly, Sweden has so far contributed over
$213 million in humanitarian assistance. Thirdly, in
addition to our humanitarian assistance, Sweden will
allocate another $220 million over the coming five
years, through a new Syrian crisis strategy. I want to
encourage all others present here to also step up their
engagement. I know that many are already doing a lot.
Throughout the conflict in Syria, women and girls
have been targeted on the basis of their gender. Sexual
violence is systematic and widespread among many
warring parties, including its use as a tactic of terror
by the Islamic State in Iraq and the Levant. But Syrian
women are not only victims; they are also actors.
That is why I am hosting a meeting on Syrian women
peacebuilders tomorrow morning. It is important to
look upon women as actors of change who want to be
given a voice in any discussions about the future of
Syria.
Lebanon is one of the countries most affected by the
conflict in Syria. Domestic stability in Lebanon is key,
and Lebanese leaders need to set their differences aside
and elect a new President without any further delay. But
Lebanon also needs and deserves more international
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support. Lebanon, led ably by Prime Minister Tammam
Salam, is hosting more than 1.2 million refugees who
have fled the war in Syria. Our substantial humanitarian
assistance and our contribution to the Trust Fund for
Lebanon, managed by the World Bank, will soon be
complemented by increased development assistance. I
strongly encourage others to follow suit.
As already mentioned, the vicious cycle of direct
and indirect violence has to be broken. Security
cannot be achieved through bombs or rockets, war or
violence, humiliation or threats. Genuine security can
be achieved only through peace. We need to take our
responsibility. We owe that to the children and future
generations in Israel, Palestine, Lebanon, Syria and
other countries in the region. We need to restore the
hope of a better future.
The President (spoke in Spanish): I now give the
floor to the Secretary for Foreign Affairs of Maldives.
Mr. Mohamed (Maldives): It is an honour to speak
before the Council today on the question of Palestine. It
is an issue of profound importance to the Government
and people of the Maldives. I would like to extend my
thanks to Mr. José Manuel García Margallo, Minister for
Foreign Affairs of Spain and President of the Security
Council for the month of October, for convening this
timely debate on the question of Palestine. My delegation
wishes to further express our sincere appreciation to
Secretary-General Ban Ki-Moon for his recent visit to
the region, which is yet another in a series of visits, in
continuation of his tireless efforts in search of peace.
In two days’ time, we will be marking the seventieth
anniversary of the establishment of the United Nations.
The United Nations has been a force for good for all
humankind. It has helped in ending conflicts and in
making peace. It has saved millions of people from
oppression, colonialism and military occupation. Yet
the United Nations has been helpless in ending Israel’s
subjugation of Palestinians. Israel’s continued illegal
occupation of Palestine epitomizes a deep malaise in
the international system that we have to address.
For decades, the international community has sought
the realization of a two-State solution, reaffirmed by
United Nations resolutions, the Madrid Principles, the
Oslo accords, the Arab Peace Initiative and the Quartet
Road Map. Those efforts attempt to succeed against a
system of institutionalized occupation and apartheid
that tries to alter the mindsets of generations who have
grown up under occupation and whose reality is one of
fear, hatred and violence. Those efforts have failed a
people, a nation, a region and the entire international
community.
The recent violence that has broken out in
Jerusalem and across the occupied territories paints a
bleak picture. In the past weeks, we have seen violence
and counter-reprisals escalate sharply. That the Old
City of Jerusalem has been shut to Palestinians is a
clear illustration of the gravity of the current situation.
The sanctity of the Haram Al-Sharif must be restored.
Granting Palestinians their rightful access is a first step
to further the peace process. Israel must stop altering
the Islamic and Arabic character of the city.
Every year, thousands of Israeli settlers move into
the occupied territories illegally. The combination
of increasingly belligerent political rhetoric and the
enforced physical and demographic changes to the
occupied Palestinian territories continually reduces the
chances for peace. That window is steadily closing. The
Secretary-General, on his latest trip to the occupied
Palestine, highlighted that, when he said: “What is
missing is the resolve to restore a political horizon for
talks and a political process that delivers real results
and hope”.
It is a sad reality that today there is an absence of
hope and that despair has grabbed hold of a people who
have nothing left to lose, and that conditions for further
violence are being fermented. It is no coincidence that
the second Intifada broke out six weeks after the collapse
of the Camp David summit, nor is it an accident that
violence broke out last summer following the collapse
of the United States-led peace effort. In the absence
of hope and in the face of oppression, there is only
violence and hatred. Such hatred has bred extremism,
fostered radicalism and consumed the entire region.
The Maldives has repeatedly called for the
community of nations to be more vigilant in addressing
the issues of borders, refugees, settlements and
Jerusalem in the quest for a comprehensive and
sustained peace. The Maldives reiterates its support for
full recognition of an independent State of Palestine
within its pre-1967 borders, with East Jerusalem as
its capital. We have underscored the importance of
greater involvement on the part of the international
community, particularly the Council, in the settlement
of a negotiated peace.
The Maldives urges the Security Council to fulfil
its primary responsibility for maintaining international
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peace and security. We urge it to take the firm measures
that are needed to end Israel’s illegal occupation of
Palestine and its apartheid practices there. It is time that
the Council demanded an end to the illegal occupation
and to the oppression of the Palestinian people. The
United Nations must take the lead in steering the peace
process from passive rhetoric to pragmatic action. The
right to live life in peace is as much one for each and
every Palestinian as it is for each of us here today.
The President (spoke in Spanish): I now give the
floor to the representative of Guatemala.
Ms. Rodríguez Pineda (Guatemala): My delegation
appreciates the presence of Mr. José Manuel García
Margallo, Minister for Foreign Affairs of Spain, in
today’s debate, and is grateful for the Deputy Secretary-
General’s informative briefing.
Guatemala is extremely concerned about the
current situation of violence in the occupied Palestinian
territory, Israel and, especially, Jerusalem. The
situation has been complicated by the increase in direct
clashes between Palestinians and Israel’s security
forces, together with the expansion of settlements and
the forced displacement of Palestinians. Such violence
undermines the possibility for finding a political
horizon that meets the legitimate needs of both peoples
and can enable them to reach a just and final settlement.
We believe that that can be achieved only through
the establishment of a Palestinian State coexisting in
peace with Israel, and not through the commission of
violent acts. It is essential that any measure designed
to maintain peace and security in the region take that
ultimate goal into account. The walls and checkpoints,
the violent responses from the security forces and the
demolition of homes, along with violent attacks by
individuals and groups and rocket fire, are not things
that will help to solve this conflict.
The most urgent challenge we are facing is to halt
the spiral of violence and preventing any further loss of
life. We are particularly concerned about the repeated
provocations that have occurred in the holy sites of
Jerusalem, as well as the disproportionate actions that
have been taken in that context. It is vital that political,
community and religious Palestinian and Israeli leaders
stand firm against terrorism, violence and incitement.
In that regard, we welcome the Secretary-General’s
the rapid response and his visit to the region to ask the
parties to stop the violence.
Whatever happens, the current crisis cannot be
resolved by adopting security measures. The unending
occupation and Palestinians’ reduced prospects for
their aspirations to establish a State also increase
frustration and despair, while the severe economic
situation, including the high unemployment in the area,
exacerbates such feelings. Similarly, the continued and
increasing expansion of settlements diminishes hope
and the potential for a viable Palestinian State. This loss
of any political prospects is the single most detrimental
factor contributing to the violence we are seeing.
The only thing that can break this cycle of violence
and fear is the establishment of a political horizon.
We hope that the Security Council can redouble its
efforts to create conditions conducive to a resumption
of meaningful negotiations. In that regard, we join
with the various calls that have been made to find
mechanisms that will enable us to relaunch the political
process. Similarly, we recognize the value of the
principle of shared responsibility, and in that regard, we
believe that the active diplomatic participation of the
Quartet in the Middle East peace process can generate
new momentum for the parties to take responsible steps
towards a comprehensive, just and lasting peace. We
also see the benefits that could result from an expanded
Quartet that includes other key actors in the region.
This is a good moment for us to rethink how we
can make progress and conclude the peace talks
that can enable us to work on measures aimed at
confidence-building and promoting Palestinian
reconciliation, issues that are critical to ensuring that
the parties commit to peace. We cannot stand idly by.
However, it must be the parties themselves, those with
a principal interest in reaching a mutually satisfactory
solution, who must commit to making a real and
renewed effort. It is they who must strengthen their
confidence and commitment to the option of peace and
coexistence of two States, Israel and Palestine, side by
side in peace and security.
In conclusion, Guatemala acknowledges the
enormous challenges that lie ahead, but it is our
political and historical responsibility as members of
the international community to support every possible
means and effort to overcome them.
The President (spoke in Spanish): I now give the
floor to the representative of Lebanon.
Mr. Salam (Lebanon): The situation in the occupied
Palestinian territories is indeed alarming. According
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to the United Nations Office for the Coordination
of Humanitarian Affairs, the past two weeks have
witnessed the highest number of fatalities and injuries
in the West Bank since 2005. That in itself not only
justifies the call for this high-level debate, which we
would like to thank Spain for organizing, it also calls
for swift action by the Security Council.
Since the beginning of this month, on average two
Palestinians have been killed every day, and more than
1,000 have been injured, not to mention the increasing
number of attacks by settlers on Palestinian property.
Israeli provocations and assaults at the Haram Al-Sharif
have continued, in an obvious attempt to change the
agreed status quo by establishing a temporal if not
geographical division of the holy site, contrary to the
claims of Mr. Netanyahu.
Israel, the occupying Power, is once again acting in
total disregard of its obligations under international law
and international humanitarian law to protect civilian
Palestinians. That is why we are once again calling
on the Council to use all possible ways and means at
its disposal to ensure the protection of the endangered
lives and property of Palestinians living under Israeli
occupation, pending its assumption of its full duty and
responsibility to end the Israeli occupation and help the
Palestinian State to achieve its independence.
The events of the past month are only the tip of the
iceberg of the occupation, which has now lasted almost
50 years. In fact, the need to provide international
protection for the Palestinians who are under Israeli
occupation is self-evident when we recall the fate of
the most vulnerable Palestinians, the children living
under occupation. We have only to note that, between
2000 and 2013, one Palestinian child was killed by the
Israeli occupying forces every three days, and that
62 per cent of the 95,000 Palestinian children detained
by the Israelis since 1967 have probably been subjected
to some form of physical violence. And how can one
omit to mention the case of the two Palestinian children
who were recently burned to death by extremist
Israeli settlers — 18-month-old Ali Dawabsheh, who
was killed in July in an arson attack in Douma, and
Mohammed Abu Khdeir, a 16-year-old Palestinian,
who was kidnapped, beaten and burned alive by Israeli
settlers in East Jerusalem in August 2014.
Notwithstanding such acts of appalling savagery,
Benjamin Netanyahu, in total contempt for our
intelligence, dared to claim in his latest speech before
the General Assembly that “Israel is civilization’s front
line in the battle against barbarism” (A/70/PV.22).
Moreover, instead of facing the reality of the occupation
and its inherently oppressive structure and repressive
methods, Israeli officials and their propaganda
endeavour to represent the mounting violence in
the West Bank and Gaza as an eruption of so-called
terrorist hatred, motivated by nothing else but pure
anti-Semitism and bloodthirsty Islamic fanaticism.
I am sure that we all recognize a familiar situation
here — that of blaming the victim. We are reminded
of William Ryan’s famous book, Blaming the Victim, a
1971 classic that shows how victim-blaming functions
as an ideology that is used to divert responsibility and
to justify racism and social injustice. In fact, blaming
the victim is so odious that it was rightly depicted by
one of the great twentieth century thinkers as “one of
the most sinister features of the fascist character”.
In Israel, like elsewhere, racism is not only blind,
it is also deadly. We only have to consider how on
Monday, Haftom Zarhum, an innocent Eritrean asylum
seeker fleeing the scene of acts of violence, was shot,
then lynched. That dismaying attack is documented in
videos in which an angry Israeli mob is shown hurling
benches and chairs and kicking him in the head,
assuming he was an Arab terrorist just because he was
dark-skinned, all the while screaming things like “Death
to Arabs!” It is worth asking Mr. Netanyahu whether
that is another example of Israel as “civilization’s front
line in the battle against barbarism”. Obviously, we do
not have the same lexicon as Mr. Netanyahu, because,
in our lexicon, racism and xenophobia, let alone acts
of burning people alive and lynching, are examples of
barbarism and not of civilization.
In conclusion, let me reiterate that the situation in
the occupied Palestinian territories is very alarming.
Not only can the Council prevent the situation from
deteriorating, it can also unlock the path to a just
and lasting peace in the Middle East, provided that it
resolves to act on the basis of the principles and rules
of international law and international humanitarian
law. Here, to seek balance, where no balance exists or
can exist between the occupier and the occupied, is not
justice. It is not even a travesty of justice, it is injustice,
plain and simple. Conversely, pending the end of the
Israeli occupation, the Council can and must move now
to provide international protection for the Palestinian
people, the sooner the better, for the relevance of the
Council and, above all, for the just cause of peace in our
part of the world.
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The President (spoke in Spanish): I now give the
floor to the representative of Egypt.
Mr. Aboulatta (Egypt) (spoke in Arabic): Allow me
to congratulate Minister José Manuel García Margallo
on his delegation’s assumption of the presidency during
this month of October. We are confident that the work
of the Council will be successful in this period of
escalating developments that are having a serious and
negative effect on the Middle East.
Since the beginning of this month, the situation in
holy Jerusalem, in the occupied Palestinian territories,
particularly aound the Al-Aqsa Mosque and Haram
Al-Sharif, has deteriorated quickly and is threatening
to worsen. After decades of occupation and suffering
and the frustration of their hopes to establish an
independent Palestinian State with Al-Quds Al-Sharif
as its capital, the Palestinian people find themselves in a
painful situation. They are still under Israeli occupation
and have to deal with the shortsighted security policies
of the longest occupation in history, with no prospects
for a decent life in the near future. Statistics indicate
that the unemployment rate among the young people
in Jerusalem is approximately 68 per cent, and 44,000
housing units are in danger of collapsing.
In addition to the violence committed by the
settlers and their attacks on the dignity and physical
safety of the Palestinian people and the confiscation of
Palestinian land, particularly the holy sites, which are
extremely important to more than 1 billion Muslims
around the world, there are ongoing attempts to change
the spatial and temporal character of all Islamic holy
sites. That is an extremely dangerous attack, not only
on the occupied Palestinian territories but also on the
Middle East as a whole. It kills hope and removes any
prospects for settling this issue.
Egypt strongly condemns all violence committed
in the occupied Palestinian territories, including
in Jerusalem, by the Israeli side and its use of
incommensurate and oppressive means in dealing with
the situation, which has led to deaths and injuries,
including among children and women. It considers the
actions committed by the settlers against Palestinians
to be crimes that can only fuel feelings of hatred and
dissension. The situation requires serious consideration
by the Council. The international community as a
whole, and the Security Council in particular, are under
a serious obligation to take the necessary action as soon
as possible to address those threats to peace and security
in the Middle East. The Security Council should uphold
its responsibilities, in accordance with the Charter of the
United Nations, given the many important resolutions
that have not been adopted so far. The reasons for that
failure to act are known to all and include attempts by
certain parties to protect the Israeli occupation, even
though it is morally and politically unjustifiable. The
failure to act prevents the Palestinians from receiving
protection, and that threatens further escalation of
tensions in the near future.
In order to safeguard its credibility, the Security
Council must to adopt the necessary resolutions and
adopt a firm approach in applying principled diplomacy,
so as to reach the desired objective of settling the
Palestinian question. That should be carried out within
the context of a peaceful process that takes into account
all important aspects, including the approaches to a
final solution, which have been under consideration for
more than two decades. There is no need to reinvent
the wheel, and the Council should tackle the situation
immediately, so that Israel does not have more time to
continue devouring Palestinian territories despite the
condemnation of the international community. Egypt
believes that the Palestinian people have the right to
establish an independent State with East Jerusalem as
its capital, and that is the only way to achieve stability
in the Middle East.
We therefore support all efforts, particularly
those of Jordan, aimed at addressing the Palestinian
question, in particular efforts to contain the current
crisis at the holy sites, stop the fighting and discourage
any provocative incitement to violence. We call upon
the Israeli Government to take history into account,
particularly in Jerusalem, and put an end to all attacks
on Islamic holy sites and give priority to resuming
negotiations, the freezing of which has led to the current
serious escalation.
The Palestinian question is the most important issue
for the Arab world. Any additional procrastination will
further complicate the crisis; the time to deal with it is
now.
The President (spoke in Spanish): I now give the
floor to the representative of the Islamic Republic of
Iran.
Mr. Khoshroo (Islamic Republic of Iran): I have
the honour to speak on behalf of the Non-Aligned
Movement (NAM). I wish to convey the Movement’s
appreciation to the Spanish presidency and to the
Minister for Foreign Affairs of Spain, Mr. José Manuel
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García Margallo, for convening today’s open debate.
I also wish to thank the Deputy Secretary-General,
Mr. Jan Eliasson, for his briefing.
In these days of tragedy that starkly remind us of
the continuing plight of the Palestinian people resulting
from the denial of their rights and the grave injustices
inflicted upon them for decades, the Non-Aligned
Movement takes this opportunity to reaffirm its
long-standing solidarity with the Palestinian people
and reiterates its support for the realization of their
legitimate national aspirations and inalienable rights,
including their right to self-determination and freedom
in their independent State of Palestine, with East
Jerusalem as its capital, together with a just solution for
the plight of the Palestine refugees pursuant to General
Assembly resolution 194 (III) of 11 December 1948.
Today, the situation in occupied Palestine,
including East Jerusalem, continues to deteriorate
at an alarming rate, as a result of Israel’s crimes and
violations against the Palestinian people. More than
49 Palestinians, including children, have been killed
by the Israeli occupying forces, and more than 1,800
Palestinians have been injured, many severely, by the
live ammunition and other weaponry used excessively
and indiscriminately by the occupying Power against
the defenceless civilian population under its occupation.
That situation requires immediate attention by the
international community, in particular the Security
Council, which must act to bring a halt to all such
violations of international law, including humanitarian
and human rights law, committed by the occupying
Power, which is further destabilizing the situation and
threatening international peace and security.
The Movement strongly condemns all acts
of violence and the provocations and incitement
committed by the Israeli occupying forces and
extremists at the sensitive holy site, which threaten to
further destabilize the already fragile situation with
far-reaching consequences for the region and beyond.
NAM believes that the continuation of Israel’s illegal
settlement campaign, which is at the core of the 48-year
foreign occupation, remains the major obstacle to
peace, undermining all efforts to resume a credible
peace process and casting serious doubts on Israel’s
alleged commitment to ending its foreign occupation of
Palestinian land and achieving the two-State solution
on the basis of the pre-1967 borders and a just, lasting
and comprehensive peace.
NAM calls once again upon the international
community to act collectively and forthwith to compel
Israel, the occupying Power, to cease its destructive
and illegal practices and abide by all its obligations
under international law, including humanitarian and
human rights law, in the occupied Palestinian territory,
including East Jerusalem. The Security Council, in
particular, must uphold the duties assigned to it by the
Charter to address the situation and act with urgency to
implement its own resolutions, respond to those critical
developments and advance a peaceful solution based
on United Nations resolutions, the principle of land for
peace and the Arab Peace Initiative.
The current dangerous situation, including in
occupied East Jerusalem, cannot abide further delay or
aggravation. The time to act is now to save innocent
civilian lives, including by providing protection to the
Palestinian people, in accordance with the relevant
provisions of international humanitarian law, and to
revive the gravely diminished prospects for peace.
The Security Council cannot remain on the
sidelines in the quest for a just and peaceful solution to
the question of Palestine. NAM again urges the Security
Council to act resolutely and forthwith to end the plight
of the Palestinian people and the Israeli occupation,
support the realization of the inalienable rights of the
Palestinian people, and establish peace and security by
resolving this prolonged conflict, which has so severely
destabilized the region and undermined international
law and the international system as a whole.
Lebanon continues to suffer from continuing Israeli
violations of its borders and incursions against its
territory, along with years of occupation and aggression.
Unfortunately, Israel continues to violate Lebanese
airspace and has been intensifying its incursions over
Lebanon. Such activities are a blatant violation of
Lebanese sovereignty and the relevant international
resolutions, in particular resolution 1701 (2006). The
provisions of that resolution should be implemented
in a manner that ensures the strengthening of the
foundations of stability and security in Lebanon and
prevents Israel from undertaking its daily violations of
Lebanese sovereignty.
With regard to the occupied Syrian Golan, the
Movement condemns all measures taken by Israel,
the occupying Power, to alter the legal, physical and
demographic status of the occupied Syrian Golan, which
have intensified since the outbreak of the Syrian crisis.
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The Non-Aligned Movement demands once again that
Israel abide by resolution 497 (1981) and withdraw fully
from the occupied Syrian Golan to the borders of 4 June
1967, in implementation of resolutions 242 (1967) and
338 (1973).
The President (spoke in Spanish): I now give the
floor to the representative of Brazil.
Mr. De Aguiar de Patriota (Brazil) (spoke in
Spanish): I thank the presidency of Spain for having
organized today’s debate.
(spoke in English)
I also thank Deputy Secretary-General Jan Eliasson
for his briefing. Brazil wishes to acknowledge the
statements made by the Minister for Foreign Affairs
of the State of Palestine, Mr. Riad Malki, and by the
Permanent Representative of Israel. The Secretary-
General’s trip to the Middle East was timely and
underlined the sense of urgency that the issue at hand
deserves.
Brazil is seriously concerned about the severe
upsurge in violence in Palestine and Israel. We call
upon the authorities of both countries to do their utmost
to halt the current escalation. It is about time for the
Security Council fully to assume its responsibilities
under the United Nations Charter and actively support
and steer the peace process towards a two-State solution.
Unfortunately, we cannot say that this tragic
deterioration was unexpected. Many delegations,
including Brazil, have repeatedly called for an end
to illegal and provocative actions, in particular
the expansion of Israeli settlement activities. The
spontaneous and mostly uncoordinated nature of the
many violent incidents does not render them justifiable.
Taking into account the present disturbing state of
affairs, Brazil deems it important that the international
community respond to the request made by President
Mahmoud Abbas by carefully examining different
modalities for international protection. We also believe
that the United Nations membership at large should
discuss alternative approaches to engage the parties in
negotiations and support avenues leading to a peaceful
solution to the conflict that is based on international
law and the relevant United Nations resolutions.
Brazil remains convinced that effective prospects
for peace require the establishment of a Palestinian
State that is sovereign, economically viable and
territorially contiguous, side by side with Israel within
internationally recognized borders based on the 1967
lines.
The spiral of violence and destruction in
Syria continues to worsen, leading to a continuous
deterioration in the humanitarian situation, despite the
general recognition that there is no military solution to
the conflict. A genuine and inclusive dialogue based
on full respect for human rights and the independence,
sovereignty, unity and territorial integrity of Syria
is as urgent as ever. We reiterate our support for the
work of Special Envoy Staffan de Mistura as well as
the Human Rights Council’s international Independent
Commission of Inquiry on Syria, headed by Professor
Paulo Sérgio Pinheiro.
Brazil condemns in the strongest terms the use of
any toxic chemical as a weapon and firmly supports the
establishment of the joint investigative mechanism by
the Security Council. The attacks against the civilian
population, including the use of barrel bombs, are
inhumane and intolerable. Brazil urges all parties to
the conflict to comply with their obligations under
international humanitarian law.
We applaud the work done by the United Nations
agencies to help the millions of people in need and the
generosity of many countries in the region which have
been receiving the bulk of Syrian refugees. Brazil is
contributing to these humanitarian efforts. We have
issued more than 8,000 entry visas for Syrian residents
affected by the crisis and provided food and medicine
through United Nations agencies to help alleviate the
dire situation faced by refugees and displaced persons
in the region. We will continue to welcome, within our
capacity and resources, those who have had to flee their
home country and need a place to restart their lives.
We are glad that in Yemen the Government of
President Hadi Mansour has agreed to participate in a
new round of consultations, under the auspices of the
United Nations, in order to seek understanding on how
to put an end to the conflict. Brazil supports United
Nations efforts to bring the parties to the negotiating
table and engage them in the process of seeking a
diplomatic solution without any further delay.
Brazil is united by both historical and cultural ties
with Lebanon, where peace and stability must be firmly
upheld by the international community. We underscore
the instrumental role played by the United Nations
Interim Force in Lebanon, whose Maritime Task Force
has been led by a Brazilian navy admiral since 2011.
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We urge all Lebanese political actors to embrace the
path of understanding and end the presidential vacuum
without further delay.
The dire humanitarian situation in Libya and
the negative impact of the Libyan crisis on regional
stability requires our continued attention. We call on
all parties to the Libyan conflict to cease hostilities and
favour dialogue by remaining engaged in constructive
political negotiations, under the auspices of the United
Nations, with a view to achieving a Government of
national accord.
The President (spoke in Spanish): I now give the
floor to the Secretary-General of the League of Arab
States.
Mr. Elaraby (spoke in Arabic): I should like to
thank you, Sir, and the Spanish presidency for having
convened this very important meeting, which is taking
place at a time when the Middle East is facing serious
challenges and threats of all kinds, for which the
Security Council is responsible at the political, legal
and moral levels, given current developments and their
serious impact on the peoples of the region.
However, the Council is not adopting any resolutions
to tackle these very serious crises in the region, either
in Palestine or in Syria. It must also face the threat of
terrorist groups, which have turned the region into a
breeding ground from which to spread their influence,
while threatening both the region and the independence
and sovereignty of States. This requires a review of
the Council’s mechanisms and of the resolutions it has
adopted, as well as their follow-up and the commitment
of States to abide by them.
Given the explosive situation in the region, the
Palestinian question remains the central issue on
which peace and security in the Middle East hinge. For
decades now, the Council has continuously considered
the deteriorating situation in the occupied Palestinian
territories, given the ongoing escalation and the serious
violations committed by the Israeli occupying forces
against the Palestinian people and their rights and
against the holy sites of both Islam and Christianity, in
particular Al-Quds and the Al-Aqsa Mosque. Unarmed
Palestinians are the victims of massacres, lynchings and
collective punishment. All of this represents a violation
of international law, the will of the international
community and the inalienable legal rights of the
Palestinian people. The Israeli Government is solely
responsible for the impact of these actions, which have
jeopardized international peace and security in the
Middle East throughout the occupation.
I am speaking today on behalf of the League of
Arab States, which adopted a decision on 13 October
asking for the protection of the Palestinian people
and the holy Christian and Muslim sites. This is not
the first time that the League has asked the Security
Council to take urgent steps to implement resolutions
on the occupied Palestinian territories and guarantee
international protection for the Palestinian people and
the holy sites.
I ask, how long will the Israeli occupation last? Until
when will the international community, represented by
the Security Council, stand idly by, unable to put an end
to the occupation or achieve a lasting and permanent
settlement on the basis of the Security Council and
General Assembly resolutions on this issue?
The lack of effectiveness and efficiency of the
Council given current developments only aggravates
the deterioration of the situation, taking it ever further
away from international legality. The Council of the
League of Arab States has repeatedly warned against
the situation and the non-respect by Israel of United
Nations resolutions on the issue. A great many of these
have been adopted over the past 50 years, such as, for
example, resolution 181 (II), 242 (1967), 267 (1969), 338
(1973) and many others asking Israel to withdraw from
the occupied Palestinian and Arab territories in order to
resolve the conflict.
The Security Council has never witnessed such a
precedent, in which manipulation and blackmail by a
State that disregards international law and commits war
crimes is allowed. Ensuring international protection has
now become the most urgent question, as this is a legal
requirement given the situation and the need to achieve
the peace to which we aspire. The need for international
protection for Palestinian civilians is stipulated in the
provisions of international legality and resolutions on
Palestine.
Since the emergence of the Palestinian question, in
the days of the League of Nations when the territory
was under a mandate, the situation has been the
responsibility of the international community.
The International Court of Justice, in a wellknown
Advisory Opinion issued in 1950, stipulated the
following:
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(spoke in English)
“Two principles were considered to be of paramount
importance: the principle of non-annexation and
the principle that the well-being and development
of such peoples, those under the mandate, formed a
sacred trust of civilization.”
(spoke in Arabic)
The legal study of the Secretary-General adopted
yesterday refers to this, for which I thank him.
(spoke in English)
The International Court of Justice confirmed that
the mandate remained valid after the determination of
the Covenant of the League of Nations.
(spoke in Arabic)
This international protection through the United
Nations can be easily carried out. In that connection,
I recall the United Nations Truce Supervision
Organization (UNTSO), established pursuant to
resolution 73 (1949), which stipulates that the
Secretary-General could take all necessary steps to use
as many United Nations staff members as necessary
to ensure that the truce is respected. UNTSO remains
in Jerusalem to this day. That body can play a role in
protecting the holy sites.
In that regard, I recall resolution 904 (1994), which
was adopted following the massacre in the Mosque
of Ibrahim to guarantee the safety and security of all
Palestinian civilians throughout the occupied territories
and which stipulates that there should be a temporary
international presence. That is why I thank the
Secretary-General for having distributed and published
this important legal study, which stresses the need for
international protection through a direct presence in
the occupied Palestinian territories, given the recent
developments.
I would also like to state that the first article of the
Geneva Accord stipulates the shared legal commitment
of all States, which have the collective responsibility
to guarantee the compliance and implementation of the
provisions of that Accord. In addition, the International
Committee of the Red Cross, among other bodies, can
guarantee international protection by elaborating on
this concept.
Finally, measures aimed at protecting Palestinian
civilians faced with the violations perpetrated by the
Israeli occupying forces and the settlers are essential
to addressing the current situation. However, the crux
of the problem is the Israeli occupation of Palestinian
territories. As long as this occupation continues, the
Israeli violations will continue, be it is in Jerusalem or
any other part of the occupied territories. It is high time
that this method of managing the conflict be brought
to an end. The Security Council must act quickly to
end the conflict by halting the Israeli occupation of the
occupied Palestinian territories. We ask the Council
to consider the Quartet to be a Council mechanism
and to consider the mandate it gave the Quartet, in
accordance to resolution 1515 (2003), to achieve a two-
State solution based on the borders of 4 June 1967, to be
a mandatory step on the path to security and stability in
the Middle East.
The President (spoke in Spanish): I now give the
floor to the observer of the European Union.
Mr. Vrailas: I have the honour to speak on behalf
of the European Union (EU). The candidate countries
Montenegro and Albania, as well as Ukraine, the
Republic of Moldova and Georgia, align themselves
with this statement.
While the Middle East faces multiple challenges
today, including the crisis in Syria, the Middle East
peace process cannot be allowed to slip from our
agenda. It is crucial for the Israelis and the Palestinians,
but also for regional peace and security. The increased
deadly violence in October, not least in East Jerusalem,
the West Bank, Gaza and Israel, claiming many lives
and injuring over a thousand, is a tragic reminder of
this. We deeply regret the loss of lives and our thoughts
are with the victims and their families. The risk of
escalation is a source of great concern. We therefore
urge political leaders on both sides to promote calm,
encourage restraint and avoid actions which could
further fuel tensions.
Violence or acts of terror against any innocent
civilian are simply unacceptable. The response of
security forces needs to be proportionate and consistent
regardless of who is the perpetrator. The continued
cooperation between Israel and the Palestinian
Authority to ensure de-escalation and the restoration
of order is crucially important. However, current
developments on the ground provide the evidence that
the status quo is not an option. They prove the need for
a political horizon. The best way of halting the violence
is an immediate return to a credible political process.
The immediate priority for the parties is to agree on
substantial steps, which would improve the situation
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on the ground and build a path back to final status
negotiations.
The EU position has been clear and consistent.
A negotiated two-State solution, which ends the
occupation and fulfils the aspirations of both sides, is
the only way of bringing the lasting peace and security
that both Israelis and Palestinians deserve. By the same
token, actions by either side that call into question their
stated commitment to a negotiated solution must be
avoided. This includes demolitions and the expansion
of Israeli settlements in the West Bank, which are
illegal under international law, and of projects funded
by the EU and EU member States.
The two-State solution will also require Palestinian
factions to work together to address the needs of the
Palestinian population. We therefore continue to
urge them to make reconciliation a top priority. The
Palestinian Authority must take greater responsibility
in this regard and assume its Government functions
in the Gaza Strip. The dire situation in Gaza must
be fundamentally changed to allow for improved
socioeconomic conditions for the local population and
security for all.
Let us also not forget Jerusalem, a city sacred to
three religions. The historical status quo at the holy
sites, a matter of great sensitivity, must not be altered.
Therefore, all relevant parties must open a serious
dialogue to ensure the status quo at the holy sites is
upheld.
A renewed peace process will require a common
international effort. The EU remains determined
to play its part, not least through the EU Special
Representative for the Middle East Peace Process,
Fernando Gentilini. We will work with all sides,
through the implementation of existing agreements,
to allow Palestinian socioeconomic development and
to empower Palestinian institutions in preparation for
statehood.
The EU warmly welcomes the statement issued
by representatives of the Quartet, dated 30 September,
and their consultations with the Foreign Ministers of
Egypt, Jordan and Saudi Arabia, as well as with the
Secretary-General of the League of Arab States and
other interested member States. Outreach to regional
partners will remain essential, as the Arab Peace
Initiative is of key strategic importance for any future
comprehensive peace agreement.
The EU offers its full support to the Secretary-
General’s Special Coordinator for the Middle East
Peace Process, Mr. Mladenov. The Security Council,
with primary responsibility for the maintenance of
international peace and security, continues to have a
crucial role in regard to the Israeli-Palestinian conflict.
However, ultimately sustainable peace will require
courageous decisions by the parties to the conflict.
We urge them to carefully consider the high price of a
continued unresolved conflict, which will continue to
be paid by local populations.
The EU continues to follow developments on
the ground very closely. It remains determined to do
its utmost to preserve the viability of the two-State
solution in the interest of both Palestinians and Israelis.
Turning to the conflict in Syria, there is an
increasingly urgent need to find a lasting solution that
will end this conflict. Only a Syrian-led political process
leading to a peaceful and inclusive transition, based on
the principles of the Geneva communiqué (S/2012/522,
annex) of 30 June 2012, will bring back stability to
Syria, enable peace and reconciliation, create the
necessary environment for efficient counter-terrorism
efforts and maintain the sovereignty, independence,
unity and territorial integrity of the Syrian State.
There cannot be a lasting peace in Syria under the
present leadership and until the legitimate grievances
and aspirations of all components of Syrian society are
addressed. The international community has to unite
around two complementary and interlinked tracks: a
political one aimed at ending the civil war by addressing
all the root causes of the conflict and establishing an
inclusive political transition process that will restore
peace to the country; and a security one focused on the
fight against the regional and global threat of Daesh.
The European Union reiterates its full support to
the United Nations-led efforts and the work of United
Nations Special Envoy Staffan de Mistura. We call
on all Syrian parties to show a clear and concrete
commitment to the United Nations-led process and to
participate actively in the working groups proposed by
the Special Envoy. The moderate political opposition
and associated armed groups urgently need to unite
behind a common approach in order to present an
alternative to the Syrian people.
We urge all those with influence on the parties,
including on the Syrian regime, to use that influence to
encourage a constructive role in the process, leading to a
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political transition and to end the cycle of violence. The
EU will proactively engage with key regional actors,
such as Saudi Arabia, Turkey, Iran, Iraq, Jordan, Egypt
and international partners within the United Nations
framework, to build the conditions for a peaceful and
inclusive transition.
We condemn the excessive, disproportionate and
indiscriminate attacks that the Syrian regime continues
to commit against its own people. The Al-Assad regime
bears the greatest responsibility for the 250,000 deaths in
the conflict and the displacement of millions of people.
International humanitarian law applies to all parties,
and human rights need to be fully respected. We call on
all parties to stop all forms of indiscriminate shelling
and bombardment against civilian areas and structures
and, in particular, on the Syrian regime to cease all
aerial bombardments, including the use of barrel bombs
in line with resolution 2139 (2014). We also call for the
immediate cessation of the use of chemical weapons,
which is a violation of resolutions 2118 (2013) and
2209 (2015). In that light, we welcome the unanimous
adoption of Security Council resolution 2235 (2015)
to identify those responsible for the use of chemical
weapons, and stress that those individuals, entities,
groups or Governments must be held accountable. The
systematic targeting of civilians by the regime has led
to mass displacements and encouraged recruitment to
and the flourishing of terrorist groups in Syria. This
calls for urgent attention and action.
We strongly condemn the indiscriminate attacks,
atrocities, killings, conflict-related sexual violence,
abuses of human rights and serious violations of
international humanitarian law perpetrated by Daesh
and other terrorist groups. We support international
efforts and initiatives to address those issues. We
condemn Daesh’s deliberate destruction of cultural
heritage in Syria and Iraq, which amounts to a war
crime under international law. Those responsible for
war crimes and crimes against humanity in Syria
must be held accountable. We reiterate our call on the
Security Council to refer the situation in Syria to the
International Criminal Court.
The EU supports the efforts of the Global Coalition
to Counter Islamic State in Iraq and the Levant. As a
consequence of its policies and actions, the Al-Assad
regime cannot be a partner in the fight against Daesh.
Action against Daesh needs to be closely coordinated
among all partners, and needs clearly to target Daesh,
Jabhat Al-Nusra and the other United Nationsdesignated
terrorist groups.
The recent Russian military attacks that go beyond
Daesh and other United Nations-designated terrorist
groups, as well as on the moderate opposition, are of
deep concern and must cease immediately; so too must
the Russian violations of the sovereign airspace of
neighbouring countries. That military escalation risks
prolonging the conflict, undermining a political process,
aggravating the humanitarian situation and increasing
radicalization. Our aim should be to de-escalate the
conflict. The EU calls on Russia to focus its efforts on
the common objective of achieving a political solution
to the conflict In that context, it urges Russia to push
for a reduction of violence and the implementation of
confidence-building measures by the Syrian regime,
pursuant to the provisions of resolution 2139 (2014).
The EU will reinforce its efforts to scale up the
implementation of the Security Council resolutions
2139 (2014), 2165 (2014) and 2191 (2014) to deliver
cross-border and cross-line assistance in order to help
those Syrians most desperately in need, intensify
humanitarian diplomacy, seek ways to improve access
and protection and promote humanitarian principles
and local consensus with regard to guidelines for aid
delivery.
The President (spoke in Spanish): I now give
the floor to the Vice-Chair of the Committee on the
Exercise of the Inalienable Rights of the Palestinian
People.
Mrs. Rubiales de Chamorro (spoke in Spanish):
First and foremost, I should like to thank Spain and
Foreign Minister José Manuel García Margallo for
convening this timely open debate. Coming as we
celebrate the seventieth anniversary of our Organization,
it should serve as a basis to commit ourselves as an
Organization to one of the most important pending
issues before us — making the Palestinian State a
reality and allowing its people to live in peace and
security.
At the most recent Council debate on the situation
in the Middle East, including the Palestinian question
(see S/PV.7490), we marked the first anniversary of
the latest war on Gaza. At that time three months ago,
we noted the continued construction of illegal Israeli
settlements, the confiscation of Palestinian land and
the demolition of Palestinian houses and orchards,
and called on the Council to meet and take action to
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ensure implementation of its resolutions regarding the
question of Palestine. We also warned that ongoing
violence in a land so sacred to many peoples and faiths
was particularly troublesome.
Today, the situation in Jerusalem is reverberating
throughout the occupied Palestinian territory and
Israel, and has reached a point of conflagration that,
sadly, validates our darkest fears and predictions. The
despairing Palestinian youth in Jerusalem and the West
Bank are desperate and being driven to acts of violence,
as the only way they feel they will be heard. Israeli
communities are acting out of fear, engendering a mob
mentality that is adding a dangerous dimension to this
current upsurge in violence.
The construction of walls between ethnically
different neighbourhoods will not solve any of the
problems that led to the current situation. In fact,
cementing the borders of illegal Israeli settlements in
East Jerusalem will only exacerbate the conflict. The
only sustainable way out is to seek a comprehensive
solution to the Palestinian question, based on the
implementation of the relevant resolutions of the
Security Council. That will require an end of the Israeli
occupation in all its facets and the emergence of a
sovereign and independent State of Palestine, based on
the 1967 borders, with East Jerusalem as its capital.
Unless we, the United Nations, and the Council can
provide both peoples with a blueprint of hope for a just
solution and an end to this seemingly endless battle — for
a future where both can live in peace and dignity — we
will be complicit in the further deterioration of the
conflict, which month after month, year after year,
becomes increasingly difficult to resolve.
Three months ago, we spoke of a new international
awareness that 20 years of bilateral negotiations,
plagued by interruptions, had not yielded the expected
result, and that a comprehensive solution to the
Palestinian question might need multilateral efforts.
The Committee on the Exercise of the Inalienable
Rights of the Palestinian people therefore salutes
the Quartet’s efforts to provide such a multilateral
framework. We likewise reiterate our position that the
initiative of the League of Arab States, which proposes
a comprehensive peace agreement that would include
the normalization of relations between Israel and the
entire region, remains a historic opportunity to bring
peace to the Israeli and Palestinian peoples, as well
as to their neighbours near and far. We urge Israel to
seriously weigh that initiative before events on the
ground sweep it aside.
This year, which marks 70 years since the
founding of our Organization and the fortieth year
of our Committee, the Security Council should
urgently assume its responsibility for ensuring that the
Palestinian people are able to exercise their inalienable
rights. Failure to do so would have severe consequences
far beyond Jerusalem, Israel and Palestine. If the
nations of the world, united through our Organization
and in the Council, wish to win the fight against
violent extremism in the Middle East and elsewhere,
the Council must find and implement a solution to the
question of Palestine, with the formula of two States
living side by side in peace and security.
Meanwhile, as an immediate priority, the Council
should urgently act to guarantee the status quo with
respect to the holy sites in Jerusalem. The proposal to
station international observers is promising as a first
step towards relieving tensions and re-establishing
stability. The Committee on the Exercise of the
Inalienable Rights of the Palestinian people reaffirms
its commitment to the principle of a peaceful solution
to the conflict on the basis of those premises.
The President (spoke in Spanish): I now give the
floor to the representative of Saudi Arabia.
Mr. Al Saad (Saudi Arabia) (spoke in Arabic):
Allow me at the outset to thank you, Sir, for convening
this open debate on the situation in the Middle East. I
would like to express particular thanks to the Minister
for Foreign Affairs of Spain for the attention and
importance he attaches to this question.
We meet today as young Palestinians are being
killed by bullets fired by the Israeli occupation forces,
and while blood continues to flow in the courtyards
of Al-Haram Al-Sharif, in its vicinity and at its gates.
Israeli soldiers and terrorist settlers rush out to kill,
destroy and burn. One of them even proudly posted a
video of a bleeding Palestinian boy he had shot, while
cursing the boy and wishing him dead.
Let us recall the reasons behind the acts of violence
that began with repeated acts of aggression by the
Israelis against Al-Haram Al-Sharif, when settlers and
soldiers stormed the precincts of the Mosque without
even taking off their shoes. The Israeli Government
tried to impose a new pattern of spatial division and
restrictws access based on time slots to one of the sites
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most revered by Muslims everywhere. Let us not forget
that Israel has failed to protect the Islamic holy sites. The
Al-Aqsa Mosque was set on fire by Israeli extremists
shortly after the Israelis occupied Jerusalem. There
were also repeated attempts to demolish Al-Haram
Al-Sharif and to excavate beneath it with the aim of
destabilizing the building or causing its collapse. Nor
should we forget that Israel demolished the gates of
Al-Haram Al-Sharif and the protective fences around
the courtyard and turned them into places of prayer
for Jews without taking their sanctity for Muslims
into account. Let us not forget that Israeli extremists
set fire to the Cave of the Patriarchs in Hebron and
attacked people at their prayers, and built a temple and
a memorial to glorify the base acts of those killers.
Therefore, who can really blame the Palestinians if
they mistrust the intentions of Israel and its Government
with respect to the preservation and security of the
Al-Aqsa Mosque or with rspect to changing its historic
status quo? Who can blame the Palestinians for reacting
in the face of the Israeli occupation when its officials
call for Israeli settlers and occupiers to fight to the
death? Who can blame the Palestinians for feeling that
settlers can walk into their villages and neighbourhoods
like criminals and stalk their children, families and
property? Who can blame the Palestinians for trying to
defend themselves in their occupied towns and cities,
in Jerusalem and other Palestinian territories? And who
can deny Palestinians the right to seek international
protection to defend their land, their sons and their holy
sites?
The Kingdom of Saudi Arabia calls on the
international community once again to say no to Israeli
occupation, injustice and arrogance, to end to the
bloodshed and to hold the Government of the Israeli
occupation legally and criminally accountable for its
flagrant crimes and violations against the Palestinian
people, which can truly be considered war crimes
and crimes against humanity. Of that there can be no
doubt. Israel must respond immediately to and abide by
international decisions and the Arab Peace Initiative.
The Kingdom of Saudi Arabia also calls on the
Security Council to intervene immediately to protect
our children in Palestine. We appeal to the Council
to demonstrate a reaction commensurate with the
gravity of the situation and with the seriousness
of its responsibility. The Council should not be
content with issuing repeated statements. It must act
courageously to grant the Palestinian people the right
to self-determination leading to the establishment of
an independent State, with Al-Quds Al-Sharif as its
capital, on the basis of the borders of June 1967, and to
end tragedy that has afflicted Palestine ever since.
The Kingdom of Saudia Arabia views with grave
concern the ongoing suffering of its brothers, the Syrian
people, who continue to face an oppressive regime that
bombards their villages and cities with barrel bombs
and uses chemical weapons against its own people. In
abdicating its own sovereignty, it has granted foreign
Powers and militias, which are equally criminal, the
opportunity to participate in a genocide that the regime
has waged against its own people in a grave escalation
that will have serious consequences in the region.
We call on all active parties to cooperate
immediately in implementing the Geneva Communiqué
(see resolution 2118 (2013), annex II), including the call
for a transitional governing body with wide executive
powers that seeks to establish a future Syria that will
embrace all well-intentioned Syrians, regardless of
their religious, political or ethnic affiliations. It will be
a Syria that rejects terrorism, violence, fanaticism and
extremism and not a Syria for those who have killed
their own people.
The President (spoke in Spanish): I now give the
floor to the representative of Kuwait.
Mr. AlJarallah (Kuwait) (spoke in Arabic): I have
the honour to address the Security Council today on
behalf of the States members of the Organization of
Islamic Cooperation (OIC). At the outset, allow me to
congratulate the Kingdom of Spain on its presidency
of the Security Council and the fact that its Foreign
Minister is chairing today’s meeting.
We meet once again in this open debate on the
situation in the Middle East, at a time when the
occupied Palestinian territory and, in particular, the
occupied city of Jerusalem have been witnessing a
dramatically deteriorating situation as a result of the
escalation of Israeli military aggression against the
unarmed, defenceless Palestinian people and their holy
places. Israel’s arrogance, disregard for international
law and disrespect for agreements with the Palestinian
side, as well as the total impunity that it enjoys for its
violations and crimes, have brought the situation to a
dangerous juncture.
On more than one occasion, the OIC — most
recently on 1 October at an extraordinary meeting of
the OIC Council of Foreign Ministers, held in New
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York in the margins of the general debate of the General
Assembly at its seventieth session — has warned of the
consequences of the continued Israeli provocations,
incitement and attacks on the Al-Aqsa Mosque and has
condemned those attacks as an unprecedented assault
against the inalienable religious rights of Muslims all
over the world. They also constitute a violation of the
freedom of worship and the sanctity of holy places. If
they are not halted, they will further fuel extremism,
violence and racism and contribute to igniting religious
strife, endangering the prospects of peace and stability
in the region.
We renew our warning once again — as the
Palestinian President stated before the General Assembly
three weeks ago (see A/70/PV.19) — that the continuation
of Israeli aggression against Islamic and Christian holy
sites in Jerusalem risks setting off a religious war, for
which only Israel would bear the responsibility. The
international community, and the Security Council in
particular, cannot ignore those dire warnings.
We cannot talk about the recent escalation separately
from its context. It follows decades of occupation,
oppression and the denial of the fundamental rights of the
Palestinian people. Furthermore, the current escalation
is continuing within the context of unprecedented levels
of Israeli aggression against the Palestinian people,
Israel’s attempts to change the historical status quo at
Haram Al-Sharif, and the unparalleled increase in the
levels of terrorist attacks and crimes perpetrated by
Israeli settlers with the protection and encouragement of
Israeli forces. The Organization of Islamic Cooperation
reiterates the importance of preserving the Jordanian
Hashemite custodianship of the Islamic and Christian
holy sites in Jerusalem, including Haram Al-Sharif, as
has been exercised by His Majesty King Abdullah II
ibn Al Hussein.
One example of Israeli crimes was that committed
against the Dawabsha family. A young boy, barely
two years of age, was burned alive two months ago
by Israeli settlers. That reminds us of similar crimes
perpetrated by the Islamic State in Iraq and the
Levant. Furthermore, Israel’s repeated attacks on
the Al-Aqsa Mosque represent only one aspect of the
terrorism that has been fuelled and protected by the
Israeli occupation. Recent legislation adopted by the
Israeli Knesset allows the occupation forces to shoot
at Palestinian demonstrators in the occupied city of
Jerusalem, which represents an official cover and
endorsement of the criminal operations and an explicit
provision of impunity for the killing and oppression
of the Palestinian people, ensuring the further loss of
innocent lives and worsening the injustices committed
against the Palestinian people.
The Organization of Islamic Cooperation strongly
condemns the policy of execution and deliberate murder
carried out by the Israeli occupation forces against the
Palestinian demonstrators in the occupied Palestinian
territory, particularly in occupied East Jerusalem. Some
of those acts, in which children have been targeted,
were captured by media cameras. Furthermore, the
Organization of Islamic Cooperation condemns the
unprecedented escalation in the acts of violence and
terrorism by extremist settlers against Palestinian
civilians. Only this past month, Israeli violence has
claimed the lives of more than 45 Palestinians and
wounded more than 1,800 people, including women and
children.
Those crimes and violations show the horrible
reality of the occupation and the racist nature of Israeli
policies, targeting the Palestinian people, their land
and holy places. Moreover, the recent Israeli crimes
and practices have exposed and revealed Israel’s lies
regarding its army’s ethical code of conduct. How can
one leave an injured child to bleed after having shot
him? How is it possible that a teenager is shot only
because his smile provoked an armed and fanatical
Israeli settler? There is no definition for such acts other
than that of shameful war crimes. The perpetrators
of those crimes must be held accountable, and justice
must be done. The International Criminal Court was
established for such a purpose.
While the Organization of Islamic Cooperation
warns against the dangers posed by the Israeli
aggression to regional and international security and
stability, we call on the Security Council to shoulder
its responsibility by taking measures to stop the crimes
and violations committed by the Israeli occupation.
There is no doubt that the Israeli authorities consider
the silence of the international community in response
to its crimes to be an encouragement to continue with
acts of State terrorism. That silence encourages them
to commit further violations against the unarmed and
defenceless Palestinian people throughout the occupied
Palestinian territory, including East Jerusalem.
We renew our support for achieving peace based
on the two-State solution in accordance with the
Arab Peace Initiative and international norms, but we
underscore that it is not acceptable to remain silent or
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merely to express indignation and concern about the
unspeakable Israeli war crimes, genocide and atrocities
that have been committed against the Palestinian
people. It is no longer possible to continue tolerating
the occupation while treating Israel as a State above
the law that practices terrorism and arrogance with
impunity. The perpetrators of those heinous crimes
should be prosecuted and brought to justice, and the
foreign occupation must end.
The current serious developments affirm the call
issued at the recent meeting of the Organization of
Islamic Cooperation’s Council of Foreign Ministers
for the Security Council to intervene earnestly and
immediately with a view to providing international
protection for the Palestinian people. The Council
must take a decision that establishes a political path to
preserve the two-State solution, based on the relevant
United Nations resolutions, and set a time frame
for ending the Israeli occupation, with international
guarantees and binding implementation mechanisms.
We expect the Council to do its best to restore security,
stability and peace, based on right and justice for the
peoples of the region rather than violence, occupation
and conflict, and to work towards enforcing its many
resolutions that seek to ensure the Palestinian people’s
exercise of their inalienable and legitimate national
rights, particularly the right to self-determination in
their independent State of Palestine with East Jerusalem
as its capital.
The President (spoke in Spanish): I now give the
floor to the representative of Japan.
Mr. Yoshikawa (Japan) (spoke in Spanish): It is a
great pleasure for me to see my friend, the Ambassador
of Spain, presiding over the Security Council of the
United Nations.
(spoke in English)
In reference to the Middle East peace process,
nowhere is a political solution more overdue than in
Palestine. Japan is concerned by the latest surge of
violence, in particular the conflict at the holy sites,
because of its potentially inflammatory implications.
We welcome Israeli Prime Minister Netanyahu’s vow
to maintain the status quo at Al-Haram Al-Sharif/
Temple Mount, and Palestinian President Abbas’s swift
condemnation of the arson attacks against Joseph’s
Tomb. We call for the cessation of violence and condemn
all forms of incitement, including those from Hamas.
In the light of the daily onslaught of violence,
we reiterate the importance of maintaining security
cooperation between the Israeli and Palestinian
authorities. Furthermore, while we recognize the
necessity to maintain order, we call on Israel to exercise
its law enforcement with proportionate measures and
to refrain from collective punishment, including the
demolition of homes, which may exacerbate an already
volatile situation.
The current situation did not arise in a vacuum.
Grim economic prospects, social marginalization,
illegal settlements and the stagnation of the peace
process have all served as fodder for discontent. Too
often, the international community, including the
Council, has remained silent. We have offered neither
tangible advances towards peace nor concrete visions
of a viable economy in a future State of Palestine.
The stagnation and difficulties in the peace
process must not stop us from making progress when
possible. Firm in our belief that a viable economy
underpins the feasibility of a two-State solution, Japan
has contributed $1.6 billion in support since 1993.
Through such projects as the Jericho Agro-Industrial
Park, which can provide up to 7,000 jobs with annual
economic benefits totalling $40 million, Japan hopes to
offer real prospects for a viable Palestinian economy.
Countries with the will and capacity to provide
concrete contributions to the political process and
on the ground can strengthen rather than dilute the
traditional framework of the peace process. We
therefore value the initiative taken by the Middle East
Quartet to convene a high-level outreach meeting as
a side event at the seventieth session of the General
Assembly. At that meeting, the Minister for Foreign
Affairs of Japan, Mr. Kishida, offered additional aid
totalling $12 million and reaffirmed our commitment
to play a more proactive role in the peace process.
With regard to the situation in Syria, the Syrian
crisis has, over the past five years, taken more than
250,000 lives and uprooted approximately 12 million
citizens. In the face of one of the worst humanitarian
crises of our generation, Japan will spare no efforts
to address both the immediate challenges and the
underlying factors of the instability. This year, Japan
will provide approximately $810 million in assistance
to refugees and internally displaced persons from Iraq
and Syria. With particular attention to the Syrian crisis,
Japan has already extended more than $1.1 billion in such
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assistance as relief and vocational training, with a view
to empowering individuals and building communities
that are resilient to the allures of extremism.
Japan condemns the rampant acts of terrorism
that have taken countless lives and destroyed cultural
heritages throughout the region. Such heinous acts of
terror have also taken Japanese victims. We note that
the situation in Syria has taken on a new dimension
with the military involvement of Russia. In that regard,
Japan looks to Russia to strictly limit its air strikes to
those against the Islamic State in Iraq and the Levant
(ISIL) in Syria. Any actions against non-ISIL forces
could worsen an already volatile situation in Syria and
would be a cause for concern.
We reiterate that there can be no military solution
to the Syrian crisis. We therefore underline our support
for the United Nations Special Envoy of the Secretary-
General in his efforts to work towards a political
solution, based on the implementation of the Geneva
communiqué (S/2012/523, annex).
The increasing volatility in the Middle East calls
for concerted effort by the international community,
including the Security Council, to facilitate the return
of peace and stability to the region. I would like to
conclude my statement by assuring the Council that
Japan will continue to play a proactive role, both on the
ground and in the Council, in contributing to the peace
and stability of the region.
The President (spoke in Spanish): I now give the
floor to the representative of India.
Mr. Paswan (India): I thank you, Mr. President, for
convening this quarterly open debate at the ministerial
level on the situation in the Middle East, including the
Palestinian question. I also thank the Deputy Secretary-
General for his briefing.
Our position on the Middle East peace process
is very clear. India supports a negotiated solution
resulting in a sovereign, independent, viable and united
State of Palestine with East Jerusalem as its capital,
living within secure and recognized borders, side by
side and at peace with Israel, as endorsed in the Quartet
road map and the relevant Council resolutions. India
has always played a proactive role in garnering support
for the Palestinian cause in multilateral forums. We
supported the recent adoption of General Assembly
resolution 69/320, on raising the flags of non-member
observer States at the United Nations.
Recently, the President of India concluded a State
visit to Palestine, where he met with the Palestinian
leadership and discussed a whole range of bilateral,
multilateral and regional issues. That visit reinforced
India’s strong commitment to the Palestinian cause
and renewed our political and diplomatic support for
the State of Palestine in its endeavours to realize an
independent and sovereign State of Palestine.
Apart from giving political support to the
Palestinian cause, India continues to support Palestine’s
development and nation-building efforts with ongoing
technical and financial assistance. During a visit to
Ramallah, the President of India inaugurated the India-
Palestine Centre for Excellence in information and
communications technology at the Al-Quds University,
and handed over a cheque for $5 million as budgetary
support to the Palestinian Authority. We have announced
several other new projects, in addition to the important
bilateral development projects in health, education,
skill development and vocational training that we are
currently undertaking. India contributes $1 million
annually to the United Nations Relief and Works Agency
for Palestinian Refugees in the Near East, and has
pledged and contributed $4 million to the Palestinian
National Early Recovery and Reconstruction Plan for
Gaza. We are also implementing development projects
in Palestine jointly with Brazil and South Africa within
the India-Brazil-South Africa framework.
We are holding today’s debate at yet another
unfortunate time, when violent incidents and military
responses to them, regardless of the reasons for them, are
once again taking a toll on people’s lives on both sides.
We are distressed and saddened by the ongoing situation
and the loss of life. We welcome efforts to mitigate
the situation and urge both sides to exercise restraint,
in order to reduce the levels of tension and create an
environment conducive to the resumption of peace
talks. India remains firmly convinced that dialogue
is the only viable option for effectively addressing
the issue. Restraint is imperative if provocation and
unilateral actions are to be avoided and a return to
the peace process achieved. We remain hopeful and
urge both sides to resume the peace process as soon as
possible in order to work towards a comprehensive, just
and lasting resolution of the Palestinian issue.
India remains deeply concerned about the worsening
political and security situation in Yemen. We have
urged all the parties concerned in Yemen to resolve their
differences amicably, and we hope that the mediation
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efforts of the United Nations can help the people of
Yemen to find a consensus-based solution.
Turning to Syria, we continue to be very concerned
about the ongoing violence and loss of human life in
Syria. India has consistently called for a comprehensive
and peaceful resolution of the crisis that can bring all
the parties to the conflict to the negotiating table. This
must be a Syrian-led process that takes into account
the legitimate aspirations of the Syrian people.We also
derive hope from and support the efforts of the Special
Envoy of the Secretary-General for Syria, Mr. Staffan de
Mistura, to advance the political process by conducting
parallel negotiations with four sub-groups focusing on
various issues.
The President (spoke in Spanish): I now give the
floor to the representative of Kazakhstan.
Mr. Abdrakhmanov (Kazakhstan): We would
like to thank the Spanish presidency for convening
today’s open debate on the current, unprecedented
and extremely grave crisis in the Middle East, which
we hope is compelling Member States to act with a
sense of responsibility and urgency. If it is not speedily
addressed, the current situation in the region will
destabilize security globally.
The prevailing tensions in the Middle East are
primarily concentrated on the Palestinian issue,
and which should begin to ease once the problems
there are resolved. Kazakhstan therefore recognizes
the Palestinian people’s legitimate right to selfdetermination
and strongly supports the creation of an
independent State of Palestine, coexisting peacefully
with Israel within the 1967 borders. We also support fullfledged
membership in the United Nations for Palestine
and welcome the raising of the Palestinian flag on the
grounds of the United Nations Headquarters. We see a
two-State solution as the only viable option for lasting
peace, and we call on Israeli and Palestinian leaders to
demonstrate the political accountability and goodwill
they need to reach a historic peace agreement. We also
urge calm over the situation around Haram al-Sharif.
The devastating situation in Syria, which has now
spread beyond the region, is one of great concern to
the rest of the world. Kazakhstan has continued to
support the steps taken by members of the international
community, including the United Nations, the League
of Arab States, the United States and the Russian
Federation, as well as the actions of the Syrian
Government and the opposition that are aimed at
deciding Syria’s political future through dialogue and
reconciliation and bringing a speedy end to the violence
and bloodshed. We hope that negotiations will continue
between the Government and the opposition in the
effort to solve the Syrian conflict within the framework
of the Geneva II process. Kazakhstan believes firmly
that the crisis can be resolved only by peaceful means.
We believe it is critical to establish a counterterrorism
coalition led by the United Nations, with
a unified mechanism designed to defeat this scourge
and bring its perpetrators and their supporters to
justice. The current United Nations mechanisms
aimed at countering terrorism, including the United
Nations Global Counter-Terrorism Strategy, should
be made legally binding through appropriate Security
Council resolutions. During his address to the General
Assembly last month (see A/70/PV.13), my President,
Nursultan Nazarbayev of Kazakhstan, called for
strengthening the global anti-terrorist network by
bringing together existing measures under the auspices
of the United Nations. We call for the speedy adoption of
a comprehensive document on international terrorism,
which has challenged our efforts for the past 20 years.
We call on all delegations to support this bold and
forward-looking approach.
The growing speculation about issues between
the two major denominations of Islam has little basis
in reality, but tension is nonetheless increasing over
the spread of extremist ideology. In that regard, my
country proposes to establish an international forum
entitled “Islam against Terrorism”, with the aim
of demonstrating religious unity in the face of the
destructive nature of terrorism and violent extremism.
We must recognize that the activities of terrorist groups
undermine the foundations of the existing world order
far beyond the conflict zones of the Middle East. The
escalation of violence has resulted in more victims
among the civilian population, mainly women and
children, as well as the forced migration of civilians
from the Middle East and North Africa to Europe. This
is the largest exodus of populations since the Second
World War, and is of great concern not only to the
European Union but also to all of us, the United Nations
community.
Finally, we reiterate our robust commitment to
ensuring peace in the Middle East, based on freedom
and justice for all.
The President (spoke in Spanish): I now give the
floor to the representative of Indonesia.
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Mr. Percaya (Indonesia): I would like to begin by
expressing Indonesia’s appreciation to the presidency
of Spain for convening this open debate. Our thanks
also go to the Deputy Secretary-General for his briefing
earlier today.
I would also like to align my statement with those
made earlier by the representatives of Iran and Kuwait
on behalf of the Non-Aligned Movement and the
Organization of Islamic Cooperation, respectively.
This debate is very timely, being held as it is amid
the increasingly worrying escalation of violence in
the occupied Palestinian territory. The international
community, especially the Council, must therefore do
its utmost to ensure that all sides exercise restraint and
defuse tension. We welcome the Secretary-General’s
recent visit to Israel and Palestine and hope that it
will help to end the spiraling violence in the occupied
Palestinian territory.
That spiral of violence has worsened the hatred
and mutual suspicion among the people of Palestine
and Israel that has the potential to further complicate
efforts to restart the political process. With that in mind,
Indonesia underlines once again that there is no feasible
solution to the situation in the occupied Palestinian
territory other than an immediate start to a meaningful
and credible peace process with a view to ending the
Israeli occupation. To delay is to permit those feelings
of hatred and suspicion to make the prospects of peace
more intractable.
Indonesia firmly believes that a just and lasting
peace will be sustainable only a through political
process and when the peoples of Palestine are
allowed to exercise their long-overdue right of selfdetermination.
On that account, we stress the need of
the Security Council to create a climate favourable to
the resumption of the peace process. The Council must
ensure that Israel remains true to its commitment to
two-State solution. In this regard, all Israel’s illegal
activities in the occupied Palestinian territory must
come to an end. The air strike on Gaza on October 11,
for example, as well as continued provocation in East
Jerusalem, notably in the areas of the holy sites, not
only are contrary to international law but also generate
more tension and anger on the ground.
Certainly, the Security Council cannot continue
to sit idly by and retire to its routine activities of
convening briefings and debates. We again call upon
the Council to assert its Charter mandate and act
as a matter of urgency to bring an end to the Israeli
occupation. The raising of the Palestinian flag at the
United Nations weeks ago was, in our view, not only a
symbolic act but also a strategic one. It was a natural
consequence of the growing international recognition
of the State of Palestine and its rightful place among the
community of nations. It was also a necessary building
block towards the eventual two-State solution.
On a different matter, Security Council must also
uphold the principle of the protection of civilians in
times of international armed conflict. The continued
violence committed against the Palestinian people
and their properties clearly underlines the urgency of
securing international United Nations protection for
Palestine. We therefore encourage the Council to work
together with the relevant United Nations bodies to
respond favourably to that urgent need.
Let me now turn to the situation in Syria. Indonesia
wishes to register its outright discontent at the lack
of unity of Security Council members in ending the
violence and address the humanitarian crisis there,
which have spread beyond the region. This organ’s lack
of political will to even deliberate the Syrian issue, let
alone find a resolution to the conflict, demonstrates the
dysfunctional nature of the Council. How many more
innocent people must die before the Council decides
that the time is ripe for it to act?
Indonesia therefore reminds and calls upon Council
members to honour their Charter responsibilities in
the maintenance of international peace and security,
to act immediately and decisively, to end unilateral
actions that only complicate the situation, and bring
the relevant parties back to the negotiation table to
find a comprehensive and inclusive political solution.
Indonesia firmly believes that this is the only way to
resolve the conflict once and for all.
The President (spoke in Spanish): I give the floor
to the observer of the Holy See.
Reverend Monsignor Kassas (Holy See) (spoke
in Arabic): My delegation wishes to thank the Spanish
presidency of the Security Council for convening
this open debate on the situation in the Middle East,
including the question of Palestine, which could not be
more timely as the region is literally on fire.
As the entire world counts the dead, we must not
obscure the plight of the wounded, the displaced and the
refugees who are continually subject to great fear and
apprehension, even as they flee the senseless violence in
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the Middle East, which completely disregards the most
elementary terms of international humanitarian law
and, indeed, of humanity. This horrific picture plays
out daily in the media as migrants and refugees flood
the European continent, seeking some small measure
of peace and security, but who are not always welcome.
What of the children and the women? What of the
elderly, the maimed and the handicapped? Where is the
distinction between combatants and non-combatants?
My delegation believes that it has a solemn duty
to remind the international community once again that
extremists are seeking to eradicate religions, ethnic
groups and cultures that have been in the Middle East
for millennia. My delegation is deeply concerned over
the plight of Christians and other groups in territories
controlled by the Islamic State in Iraq and the Levant,
in particular those who are held captive for ransom
and in conditions of enslavement. The Holy See also
highlights with sadness the wanton destruction of
the priceless cultural patrimony of humankind in the
region. Pope Francis, in his address to the General
Assembly on September 25, renewed his
“repeated appeals concerning the painful situation
in the entire Middle East, North Africa and other
African countries where Christians, along with
other cultural and ethnic groups, and including
those adherents of the majority religion who have
no desire to be caught up in the hatred and madness,
have been forced to witness the destruction of
their places of worship, their cultural and religious
heritage and their homes and property, and are
faced with the alternatives either of fleeing or
of paying with their lives or with enslavement”
(A/70/PV.3, p. 5).
Grave conflicts have been waged in the Middle
East, including in Palestine, ever since the birth of
the United Nations. The violence that characterizes
the present situation proves that not only have these
problems not been solved or gone away, but that they
seem to be increasingly intractable. In recent years,
other very serious conflicts, in particular the Syrian
crisis, have added to the complexity of the problems in
the region.
It is deeply regrettable that the Middle East — a cradle
of great civilizations and the birthplace of the three
main monotheistic religions of Judaism, Christianity
and Islam — should be immersed in a situation that
combines every form of conflict and every possible
actor: State and non-State combatants, ethnic and
cultural groups, fundamentalist terrorism and organized
criminality, religious and ethnic hatred, regional and
international geopolitical rivalries. In such a context,
flooding the region with more and more destructive
weapons will not end the conflicts. Instead of arms
and munitions, the international community needs to
endow the region with more courageous, impartial and
persevering negotiations and mediations.
My delegation takes this opportunity to reiterate
the Holy See’s profound gratitude to those countries of
the region that, in spite of their own difficult situations
and limited resources, have welcomed and taken care of
millions of refugees. On its part, the Catholic Church
remains active at the forefront in providing, to all
those in need and with all the means at its disposal,
humanitarian aid through churches, schools, medical
facilities, rehabilitation centers and pastoral care
institutions.
My delegation calls on the international community
to assist and support the countries of the region in
maintaining their political stability and to mobilize
the economic resources necessary to enable them to
deal appropriately with the ever-increasing number
of displaced persons and migrants. We also call on
the international community to take action with
regard to the situation in Lebanon, with a view to
restoring political stability through a revitalization
of the country’s constitutional institutions through
presidential elections.
Let me conclude by citing the words of Pope Francis
in his letter to the Secretary-General of 9 August 2014:
“The most basic understanding of human dignity
compels the international community, particularly
to the norms and mechanisms of international law,
to do all that it can to stop and prevent further
systematic violence against ethnic and religious
minorities and to protect innocent peoples”.
The President (spoke in Spanish): I now give the
floor to the representative of the Syrian Arab Republic.
Mr. Ja’afari (Syrian Arab Republic) (spoke in
Arabic): I wish to thank you, Mr. President, for having
convened this important meeting. Permit me to address
the Council today as a main party in the context of this
item.
On 24 October, the United Nations will celebrate
its seventieth anniversary. However, the question
should be: do we have the right to celebrate, and what
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are we celebrating? Perhaps we do not, in fact, have
that right, given that we are seeing that the aspirations
of the founding fathers of the United Nations in the
area of peace, security and development have come to
naught because of the policies of certain influential
States that disregard the principles of the Charter and
of international law.
How can we celebrate when we are witnessing
mass violations of the provisions of the Charter, leading
to acts of aggression, instability and threats to the
peace that hinder the development of relations between
nations based on respect, the rights of peoples and the
principles of non-intervention and of the inadmissibility
of the threat or use of force against the sovereignty and
independence of States? Perhaps some would say that
we do not have the right to celebrate after 70 years of
suffering on the part of the Palestinian people.
How can we celebrate the vision of our peoples,
particularly the Palestinian people, who have a
completely just case that is being undermined because
the power of the law is giving way to the law of power?
How can we celebrate when we see States using the
United Nations as a pretext for invading other countries,
toppling their legitimate Governments, killing their
leaders and turning them into failed States that have
become breeding grounds for international terrorism?
How can we celebrate when they are changing the very
definitions of concepts — for example, a certain degree
of terrorism is termed “moderate terrorism”?
Perhaps we should not celebrate that some have
caused the United Nations to fail to uphold its mandate
with regard to the Israeli occupation of Arab territories
in Palestine, Syria and Lebanon. How can we celebrate
half a century of occupation, of turning Palestine into a
mass prison, and of apartheid against the Palestinians,
the legitimate owners of the land, in Jerusalem and
other occupied territories? How can we celebrate the
escalating violence and barbarism of settlers, under
the protection of the Israeli Government? How can we
celebrate the cancerous settlement policy that allows
building on any part of the Palestinian territories?
How can we accept that some members of the
Security Council have irresponsibly provided support
and protection to Israel so that it can continue its
provocative policies, in violation of all international
instruments? How can we not deal with the question of
Palestine in its factual context? Can we really be trying
to project the image that this is reciprocal violence and
that our differences are only over the degree of that
violence? How can we ignore the main reason for this:
the Israeli occupation of the Palestinian territories?
Yes, in two days we will celebrate the seventieth
anniversary of the United Nations. But on that
occasion, what will the United Nations do to help
displaced Syrians and those who have been living under
Israeli occupation for over half a century? Indeed, the
Organization has failed to take any real action aimed at
making Israel implement United Nations resolutions on
this issue, primarily resolution 497 (1981).
The displaced Syrian citizens in the occupied
Golan have legitimate questions about the effectiveness
and credibility of the United Nations vis-à-vis their just
cause. How could they not ask those questions, given
Israel’s incessant settlement activities and policies of
oppression, suppression and racial discrimination? How
could they not when they see Israel supporting terrorist
groups, including Al-Qaida’s Al-Nusra Front in the
Golan region, even as the United Nations does nothing?
How could they not, when they see Israel arresting the
Syrian Mandela, who spent 27 years in their prison for
one reason only: exposing Israeli support for terrorists?
We want to celebrate the seventieth anniversary of
the United Nations, but we want the celebration to be
meaningful, a celebration of real accomplishments, not
one of words, statements or interventions. We want to
realize the aspirations of the founding fathers and their
dream of a world of peace, stability and prosperity,
based on respect for the sovereignty of States and
non-interference in their affairs — a world that is free
of occupation and colonization and in which there is no
manipulation of the fate of peoples or changing their
governing regimes through foreign intervention. That
is what we want; that is the one thing towards which
we should work collectively, so that we can hold a
celebration that is truly meaningful and satisfies our
consciences and the conscience of our peoples.
In conclusion, I would like to denounce in the
strongest terms the desperate attempts made by certain
delegations, whose names I will not mention, to defend
Israel and try to cover up its crimes, particularly
through desperate, Don Quixote-like attempts to
bring causes before the Security Council that have no
relation to the situation in the Middle East. Every time
Israel escalates its aggression against the Palestinian
people, we find those delegations making misleading
statements that escalate the situation, with the aim of
diverting attention from the crimes committed by Israel
and alleviating international pressure.
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For that reason, I am not going to respond to the
empty claims made against Syria by those delegations,
in spite of the fact that we could say much to refute
their claims, as they support and arm terrorists — the
artifically created moderate terrorists who are waging
destruction in Syria and oppose any peaceful settlement.
Those countries are intervening in the internal affairs
of Syria and using the Syrian diaspora as a weapon to
bring pressure to bear on the Syrian Government to
force it change its positions and independent political
choices.
The President (spoke in Spanish): I now give the
floor to the representative of Costa Rica.
Mr. Mendoza-García (Costa Rica) (spoke in
Spanish): We congratulate the Spanish delegation on
assuming the presidency for the month of October. We
thank Deputy Secretary-General Jan Eliasson for his
briefing and the Minister for Foreign Affairs of Spain,
Mr. José Manuel García Margallo, for his statement.
Costa Rica has decided to participate in this
open debate because of the importance it attaches to
the situation in the Middle East. As a peace-loving
country that has not had a standing army by its own
volition for more than 65 years, Costa Rica is a firm
believer in the peaceful settlement of conflicts between
peoples and States in the context of international law
and multilateral diplomacy. As stated by His Holiness
Pope Francis, war brings destruction and multiplies the
sufferings of peoples.
My delegation is deeply concerned about the Israeli-
Palestinian conflict, and especially the escalation
of violence in recent months, which we vigorously
condemn and in which civilians, including women
and children, continue to pay a high price. During the
emergency meeting convened by the Security Council
on 16 October (see S/PV.7536), it became clear that
it was necessary for the international community to
take action because it can no longer stand by and bear
witness without doing anything about this conflict. As
the Assistant Secretary-General for Political Affairs,
Mr. Tayé-Brook Zerihoun, warned, we should ponder
the serious consequences of turning this conflict into
one of a religious nature. He also underscored that the
Israeli occupation and the dwindling prospects for a
Palestinian State have contributed to worsening the
situation.
My country will never cease to urge that parties
resume negotiations on the core issues of the conflict
that still exist, based on the obligations already acquired
and the agreements previously agreed among the parties
and supported by international law and the decisions of
the Security Council and the General Assembly.
For Costa Rica, it is crucial to bring an end to the
armed conflict in Syria and to seek an early political
solution, especially with regard to the humanitarian
crisis. We hope that it will be possible to explore the real
and tangible options, as was recently stated by the United
States, to achieve a political transition in Syria, whose
civil war has intensified with Russia’s intervention on
30 September in support of the Damascus Government
against the insurgents. The extension and deepening
of the conflict is causing unprecedented humanitarian
effects. Every day that tensions increase, there is an
exponential increase in the violations of rights and the
suffering of the Syrian people.
We are pleased that, due to the ceasefire agreements,
the United Nations system, together with its partners
the International Committee of the Red Cross and
the Syrian Arab Red Crescent, has managed to deliver
medical supplies in several cities in Syria. However,
many people in need are still trapped without access
to humanitarian assistance. That is why we urge that
assistance be allowed to reach its destination and that
humanitarian issues remain outside of conflicts.
One might think that at this point, and given the
developments in the conflict, it would be resolved by
one or two Powers. On the contrary, we believe that the
Security Council is called upon to play a role in order to
diversify the conversations and bring about interactions
and dialogues that are different from those that have
occurred around the crisis in recent weeks.
With regard to the current situation in Yemen, my
delegation looks favourably on the statements made by
the officials of the Yemeni Government expressing the
willingness to participate in peace talks. We welcome
the work Special Envoy Cheikh Ahmed has planned
with Government representatives and with the Houthis
and their allies to complete the preparations for the
negotiations, the aim of which is to lay the foundations
for a lasting peace that will benefit the Yemeni people.
For all these reasons, we hope the Security
Council can fully carry out its mandate in the Middle
East to maintain international peace and security and
fulfil its duty to promote the full implementation of
international justice and the rule of law. As reaffirmed
by the President of the Republic of Costa Rica, Mr. Luis
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Guillermo Solís Rivera, in his statement in the general
debate (see A/70/PV.19) at the opening of the seventieth
session of the General Assembly, to strengthen the
United Nations at the epicentre of global governance,
the Security Council must assume its responsibilities
in the maintenance of international peace and security,
take into account human rights considerations in its
operations and improve its work on conflict prevention.
The President (spoke in Spanish): I now give the
floor to the representative of Bangladesh.
Mr. Mahmuduzzaman (Bangladesh): I congratulate
Spain on assuming the presidency of the Security
Council and thank it for arranging this debate, which
shows its sense of responsibility and commitment with
regard to the issue of the situation in the Middle East,
including the Palestinian question. The Palestinian
issue is now the number one long-standing issue in
the field of international peace and security and its
resolution deserves the utmost priority. The people of
Palestine cannot live with this uncertainty of life and
livelihood forever.
We regret the appalling human rights and
humanitarian situation in the occupied Palestinian
territories and that the repeated appeal of the international
community to improve the deteriorating conditions of
the Palestinian people remains unheeded. Furthermore,
the slaughter of innocent Palestinian children, women
and men; the wanton destruction of homes, schools,
hospitals and vital civilian infrastructure; and the
terrorizing and traumatizing of the entire civilian
population in the Gaza Strip in Palestine have become
very frequent. The people in the occupied territories
continue to suffer due to Israeli blockades, closures, the
confiscation of land and the demolition of houses. The
illegal separation wall continues to divide and isolate
communities, destroying livelihoods and preventing
access to their jobs, families, markets, schools and
hospitals.
Gaza’s borders have been subject to a regime
of closure that is without precedent anywhere. The
closure is tantamount to the strangulation of an entire
population in the form of collective punishment. The
quality of life of the Palestinians had already diminished
to subsistence level. The periodic escalation of violence
only leads to further despair and destitution. Israel is
doing so purposefully to generate fear, fury and distress
among Palestinians.
We deplore the Israeli policy of collective
punishment, forcing Palestinian people off their land,
detaining people for a long time without charge,
restricting the freedom of movement of and property
ownership by Palestinian people, the deportation of
Palestinian inhabitants and depriving people from their
legitimate claim to natural resources, including scarce
water resources. The Government of Israel has continued
its settlement campaign in the occupied Palestinian
territory, with a particularly aggressive settlement
expansion in East Jerusalem. Those measures have
been soundly rejected by the international community
and their illegality unanimously confirmed.
Having monitored the situation closely, we would
like to register our concern about the grave crisis, in
which not a single day passes when civilians are not
intimidated, arrested, detained in inhuman conditions
and subjected to constant abuse and torture. As a result,
the humanitarian and security situations continue
in a downward spiral and tensions continue to rise,
destabilizing the total peace initiative.
We urge Israel to fulfil its legal obligation, as the
occupying Power, to ensure that all inhabitants are
safeguarded against all acts of violence or threats;
to cease the illegal detention of Palestinian people,
including children; to stop the destruction of homes and
land confiscation; to allow Palestinian people access to
their lands, employment and natural resources; to desist
from transferring its population to the territories it has
occupied; and to lift its embargo against Palestinians
and immediately open all border crossings to allow free
movement of goods, persons and humanitarian aid.
We express our total solidarity with the Palestinian
people and reiterate our full and unwavering support
for their legitimate and inalienable rights to a sovereign
and independent State. At this juncture, we demand an
end to the Israeli occupation that began in 1967, the
establishment of a two-State solution on the basis of the
pre-1967 borders, the just resolution of all final-status
issues and the mobilization of international support for
assistance to the Palestinian people without delay.
The President (spoke in Spanish): I now give the
floor to the representative of Morocco.
Mr. Atlassi (Morocco) (spoke in Arabic): I would
like to start by congratulating you, Mr. President, on
your assumption of the presidency of the Security
Council this month and on your presiding over this
very important meeting at a time when the situation in
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Palestine is deteriorating in an unprecedented manner. I
would also like to thank the Deputy Secretary-General
for his comprehensive briefing, which covered all of
the developments in the Middle East region, including
the question of Palestine. We also back the Secretary-
General’s good offices aimed at finding a fair,
lasting solution to spare the Palestinian people more
bloodshed, which has, however, reached such a scale
that the international system bears an unprecedented
responsibility for finding a rapid, fair and lasting
solution to the Palestinian question in order to extricate
the Palestinian people from the current horrendous
situation, including that in occupied East Jerusalem.
The situation in Palestine more generally speaking,
and in Jerusalem more specifically, which is the third
holy site of Islam, has experienced some very alarming
developments. There have been brazen violations
of international law. Moreover, the sensibilities of
Muslims throughout the world have been offended as a
result of the actions of the Israeli army and settlers, who
have killed innocent people and demolished buildings
and homes, and who are systematically attempting to
Judaize the city and change the facts on the ground. Such
acts are fraught with the risk of igniting a religious war,
which will do nothing more than fuel obscurantism and
terrorism, which will, in turn, threaten international
peace and security.
My delegation thanks Spain for responding to the
request by Jordan, the Arab member of the Council, to
convene a meeting to consider the question of Palestine
and to examine the very serious consequences of Israeli
arrogance and its misguided policies, which we entirely
reject because they simply disregard international law
as they attempt to Judaize Jerusalem and change the
status quo through the lynching and massacring of
innocents. His Majesty Mohammed VI of Morocco,
who is the president of the Al-Quds Committee of
the Organization of Islamic Cooperation, has warned
against the very situation that we are witnessing today.
He rang the alarm bell, and the international community
should have taken up its responsibilities vis-à-vis the
Palestinian people and Jerusalem more specifically.
His Majesty has repeatedly stressed through all the
means available to him, including bilateral meetings
and international forums, the need to put an end to the
settlements and the Judaization of Al-Quds. He warned
against any unilateral actions that could undermine,
even harm, Muslim monuments in Jerusalem. His
Majesty exchanged letters and correspondence with
the relevant international stakeholders regarding the
very serious actions in Jerusalem being carried out by
the Israeli authorities as part of a plan to change the
legal, historical, spiritual and demographic status of
Jerusalem. His Majesty has forged many contacts with
leaders, including President Abbas, aimed at addressing
the very alarming situation in Jerusalem. During the
inauguration of the Al-Quds Committee under his
current chairmanship in Marrakesh in January 2014, His
Majesty stated that we needed to stress that Jerusalem
lies at the very heart of the Palestinian question and
the Palestinian cause, and that there can be no peace
without clarifying the final status and situation of East
Jerusalem as the capital of an independent Palestinian
State.
We need to focus on the statement that resulted
from that meeting, given the fact that the issue of
Jerusalem is crucial for the Umma. It lies at the very
heart of any political solution, and any harm brought
to the Al-Aqsa Mosque will inevitably exacerbate
tensions. In following the instructions of His Majesty,
the Minister for Foreign Affairs and Cooperation
organized a meeting of a ministerial contact group on
26 September to consider the international measures that
could be introduced in East Jerusalem and Palestine. At
that meeting the aggression against Jerusalem and the
Al-Aqsa Mosque were both condemned.
A request was addressed to the Security Council
that it assume its responsibilities to ensure that the
Israeli authorities put an end to their practices and
provide security for the Al-Aqsa Mosque, so as to
ensure that those violations are not repeated. The
only solution to the question of Palestine lies through
diplomacy, not war, not the killing of civilians and
not or bloodshed. We need negotiations within the
established frameworks to forge two States, living side
by side in peace and security, two States that cooperate
and that we respect. And we insist on the respect of the
June 1967 borders.
The President (spoke in Spanish): I now give the
floor to the representative of South Africa.
Mr. Mminele (South Africa): My delegation is
grateful to be able to participate in this debate, and we
thank the Secretary-General for his report (S/2015/677).
South Africa appreciates the statements made by the
Foreign Minister of the State of Palestine and the
Permanent Representative of Israel.
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We also align ourselves with the statement delivered
by the representative of the Islamic Republic of Iran on
behalf of the Non-Aligned Movement.
We meet at a critical moment of great concern. The
escalation of violence and inflammatory rhetoric in the
occupied Palestinian territories and East Jerusalem,
especially around the holy sites of the Temple
Mount — the Haram Al-Sharif compound — including
the Al-Aqsa Mosque and Joseph’s Tomb, are a source of
great concern. South Africa denounces all attempts to
change the decades-long status quo in the Holy Land,
which has preserved mutual respect for the holy sites
of the world’s three major monotheistic religions. It is
especially disconcerting that the reverence for those
sites has been exploited politically and used to incite
violence.
South Africa reiterates, in the strongest terms, its
condemnation of violence in all its forms, regardless
by whom it is perpetrated. We convey our sincere
condolences to the families and friends of the victims
on all sides who have been killed or injured. We support
calls for both the Government of Israel and the State
of Palestine to conduct investigations into the latest
killings and to ensure that the perpetrators are held
accountable for their actions.
We call upon the authorities in Israel and Palestine
to respond to the current developments with restraint
and in a measured manner. South Africa agrees with
the assessment by the Assistant Secretary-General for
Political Affairs on Friday, 16 October, when he stated
that the collective punishments carried out by the Israeli
Defence Forces are in contravention of international
law and should be terminated without delay.
Israel and the international community must
understand that the outrage among Palestinians has been
created by developments on the ground, which have
rendered a viable Palestinian State nearly unattainable.
In addition, the depressed economic situation in the
occupied Palestinian territories, especially in Gaza, and
the illegal settlement activities that continue unabated
have compounded the rage of the Palestinians, who
believe that violence is the only option left to them.
Statements and debates in the Security Council over
the past years have proved ineffective to address the
deteriorating situation in Palestine. We keep meeting
in this Chamber to no effect, and it is depressing to
realize that the Council has become unable to address
major crises, mainly because the narrow interest of
a few member States has rendered it toothless. The
Council’s unwillingness to take meaningful action to
move the peace process forward has led directly to the
complete breakdown of the negotiation process and to
the resulting escalation of tension and violence in Israel
and Palestine.
South Africa calls on the Security Council to
urgently respond to the situation in Israel. Unified and
impartial action by the Council is long overdue. As a
first step, we believe that the Council should urgently
pave the way for the cessation of violence and create the
opportunity for the parties to be able to meet. It is clear
that there is no trust between the parties and that the
restoration of some degree of trust is required to begin
the long road back to the negotiations on a two-State
solution. The Council should also adopt measures for
the cessation of collective punishment and settlement
activities, which are illegal, as well as for lifting the
blockade against Gaza. Urgent measures are required
to alleviate the suffering on the ground. We believe that
only then can a timeline be set for the resumption of the
peace process.
My delegation has taken note with interest of the
report of the Secretary-General submitted to the Council
on 21 October, which provides ample examples of the
deployment of international protection forces, and we
look forward to further discussions on those options in
the Council as well as in the General Assembly.
South Africa views developments in the Middle
East as intrinsically connected and believes that the
only way to achieve sustainable peace in the region is
for the international community to work on multiple
fronts to bring about the resolution of conflicts. We
remain deeply concerned by the civil war in Syria,
which has wreaked havoc in that country and beyond
for four years. The instability in Syria has affected the
entire region and has created ample breeding ground
for extremists and terrorism. However, we do not
believe that continued or increasing military activity by
major Powers can resolve the situation in a satisfactory
manner. We believe that concerted and unified action
by the Security Council is required to restore peace and
stability in the entire Middle East, with due respect for
the principles and purposes of the Charter of the United
Nations.
The President (spoke in Spanish): I now give the
floor to the representative of Turkey.
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Mr. Çevik (Turkey): The Middle East is confronted
with an alarming situation. Sectarian and divisive
policies, brutal oppression of legitimate demands
for democracy, terrorism, and unresolved conflicts
result in humanitarian crises, mass displacements and
feelings of resentment.
The Israeli-Palestine conflict remains the core
challenge and undermines the prospects for lasting
regional and global peace. The increasing number of
crises in the wider region must not distract us from
the urgent need to relaunch the peace process. On
the contrary, failing to address that issue will only
destabilize the region further, deepen the despair and
suffering and lead to more extremism.
The tragedy of Palestinians continues unabated. As
tensions recently escalated in the occupied Palestinian
territory, particularly in East Jerusalem, we were
reminded once again of how dramatic the situation is
in the absence of any real hope for peace. We are very
concerned about the latest developments although we
are slightly relieved to see that what has been going on
for the last months is finally receiving the attention it
merits.
Our immediate priority should be a rapid
de-escalation of tension. We should not see the current
situation as another in a perennial round of skirmishes
and wait for the situation to calm down. However, at the
same time, we should all be very clear about the root
cause of the problem, which is the illegal occupation
of East Jerusalem and other Palestinian territories by
Israel.
The current escalation began following the entry
of Israeli security forces into Al-Haram Al-Sharif, The
ban preventing Palestinians from entering the Old City
of Jerusalem for two days caused great outrage. It then
spread to Gaza when Israeli soldiers opened fire on
demonstrators and Israeli air strikes once again took
civilian lives. Casualties have been mounting ever
since. We strongly condemn the disproportionate use
of force by Israeli security forces, which inflames the
situation.
Needless to say, at the epicentre of the Palestine
cause lies Jerusalem. Jerusalem matters to all
humankind. A city that is sacred to Islam, Judaism and
Christianity should be treated with utmost respect. The
expansion of illegal settlements, violations targeting
holy sites, and all other provocative activities aimed
at undermining the status and sanctity of Al-Haram
Al-Sharif must immediately and unconditionally stop.
We consider the Jordanian role as the custodian of the
holy sites in Jerusalem crucial for the preservation
of the historical status of Al-Haram Al-Sharif as an
Islamic sanctuary in all respects.
The situation in Gaza also remains worrying. In
addition to eight years of illegal blockade, Gaza has
endured three Israeli military operations in the past six
years. The humanitarian conditions are so disastrous
that, according to the United Nations Conference on
Trade and Development, Gaza could become inhabitable
in less than five years if current trends persist. People
who live in tremendous despair and insecurity lose
their belief in the possibility of a solution and peaceful
coexistence. The international community cannot
afford to stand idle in the face of that tragedy and allow
2 million people to continue living in such isolation.
While the immediate priority must be to address the
grave situation and growing frustration in Gaza, only
long-term solutions can turn the tide with respect to its
reconstruction. In that vein, lifting the illegal blockade
and all other restrictions in accordance with resolution
1860 (2009) is of paramount importance.
The historical injustice against the Palestinian
people, reinforced by Israel’s daily illegal practices on
the ground, is fueling hatred, alienation and radicalism
in the region and beyond. Palestinians are still deprived
of their right to a decent life with dignity, respect and
freedom. As the Secretary-General’s report rightly
underlines, the Palestinians’ hopes for peace have been
dashed countless times.
We all agree that the status quo is not sustainable.
Israel’s continuing occupation and its practices in
contravention of international law hamper the efforts
for permanent peace. The need to find a negotiated
political settlement to the Israeli-Palestinian conflict,
achieving a two-State solution and ending the longest
occupation in modern history in accordance with the
relevant United Nations resolutions and the Arab Peace
Initiative, remains an urgent priority.
Palestine’s just cause has been once again
confirmed on a global scale by General Assembly
resolution 69/320, which paved the way to the raising
of the Palestinian flag at the United Nations. That was
a significant symbolic step towards full recognition of
Palestine.
On the Palestinian side, the need for Palestinian
reconciliation is more relevant than ever. The consistent
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support and encouragement of the international
community is vital in that regard. Once established, the
Palestinian National Unity Government, with strong
and inclusive institutions, should establish control over
the entire Palestinian territory.
The current situation is a sombre image of what is
going to happen if the prospects for a two-State solution
are lost. Thus the international community should
renew its engagement for the solution of the problem
and assume its responsibilities. This is long overdue.
We need to intensify our efforts towards the adoption of
a Security Council resolution that sets a timeframe and
that establishes the parameters for peace negotiations
based on the vision of a two-State peace. The Council
should assume its primary responsibility vis-à-vis
international peace and security.
Turkey’s commitment to supporting the Palestinian
people’s right to a dignified life will never cease. We
will support efforts to find a just, comprehensive
and lasting solution to the conflict and to establish a
sovereign and independent Palestinian State within the
pre-1967 borders and with East Jerusalem as its capital.
Today, I want to focus my remarks on the alarming
situation in the occupied Palestinian territory, which
requires our imminent attention. However, let me say
a few words on the Syrian crisis across our borders,
which has left a nation with severe wounds, with more
than 350,000 lives lost and over 12 million persons
displaced. We see with every passing day that the Syria
crisis continues to be a major factor of instability for
the entire region and beyond, and a collective response
to address it is still lacking.
We continue to assume more than our fair share of
the burden of the ongoing devastation. We are extremely
concerned by the humanitarian and security impacts of
the crisis, which constitutes a major national security
threat to us. The current vacuum created on our southern
borders as a result of the chaos in Syria has played into
the hands of terrorists, who are targeting our citizens as
well. In addition, we are currently faced with the risk
of a new wave of refugees that has been triggered by
the Syrian regime’s most recent offensive on Aleppo,
as well as by attacks by Daesh. It is neither possible
nor just to expect Turkey or any other neighbouring
country to face that challenge alone.
The international community should keep in mind
that the ongoing atrocities and humanitarian disaster in
Syria can be addressed only by tackling the root cause
of the problem: the violent oppression of the democratic
aspirations and legitimate demands of the Syrians. That
tragedy will not end until the people of Syria have a
legitimate Government that truly represents their will
and enjoys their full consent. On that score, the Syrian
people have already spoken. They do not want to live
under the authority of a regime that has waged a war
against its people.
The international community and the Security
Council need to address the Syrian crisis through
resolute action. A comprehensive strategy with political,
security and humanitarian pillars is long overdue and
should be established.
First, we need to respond to the needs of millions of
Syrians through the meaningful sharing of burdens and
responsibilities. It is a disaster and needs to be treated
as such.
Secondly, the international community must act
swiftly to provide the Syrians with safety in their
homeland by creating safe areas in Syria, free from
aerial bombardment by the regime and ground assaults
by Daesh. Parallel to those efforts, we must do all that
we can to defeat terrorist organizations, such as Daesh
and the Nusrah Front and others designated by the
Security Council, while keeping in mind that terrorism
is a by-product of the crisis in Syria, The challenge
of countering terrorism should not harm moderate
elements that will play a vital role in the future of Syria
and should not delay a political solution.
Thirdly, we should all work for a solution that meets
the legitimate demands and aspirations of the Syrian
people and ensures a managed and orderly transition to a
real political change based on the Geneva communiqué
(S/2012/523, annex). The political process that we
should revitalize would lead to a united, democratic,
nonsectarian, secular and multicultural Syria with its
own territorial integrity.
Let me conclude by reiterating our strong commitment
to the peace and security of the overall region and our
full solidarity with the Palestinian people.
The President (spoke in Spanish): I would like
to inform the Council that we still have more than
10 speakers inscribed on the list. I therefore remind
speakers that they have a maximum of five minutes in
which to deliver their statements.
I give the floor to the representative of Pakistan.
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Mr. Munir (Pakistan): We thank the Minister for
Foreign Affairs of Spain and the Minister for Foreign
Affairs of Palestine, Mr. Malki, as well as the other
Ministers, for coming to address the Council this
morning. We also thank Deputy Secretary-General Jan
Eliasson for his briefing.
The entire Middle East today is in turmoil, and
the conflagration in the occupied Palestinian territory
is worsening. We are sitting on a powder keg. If that
is not threatening international peace and security, we
do not know what is. Israeli restrictions on Palestinian
freedoms and rights, harassment by Israeli settlers,
tensions around the holy sites and the bleak prospects
for peace have pushed Palestinians onto the streets.
There is talk of the beginning of the third intifada.
This morning, Deputy Secretary-General Eliasson
was categorical in his briefing. The reason for the current
crisis is that the Palestinians do not see any hope. We
agree with Foreign Minister Malki that the status quo
is unacceptable. We appreciate the Secretary-General’s
visit to the region. He said in Ramallah yesterday,
“The only way to end the violence is through
real and visible progress towards a political
solution, including an end to the occupation and the
establishment of a Palestinian State”.
We believe that time is quickly running out, and the
Council cannot remain a spectator as hope continues to
fade. By holding two emergency meetings over the past
week, the Council has shown that it is fully seized of
the matter, but much more is required. We support the
Palestinian demand for international protection. The
paper on the subject that the Secretary-General shared
with the Council yesterday provides options that the
Council needs to discuss seriously. We, the international
community, cannot allow the wanton disregard for
international human rights and humanitarian law.
The Council can help with both protection and
final status issues. Setting timelines and parameters to
make the two-State solution a reality is both urgent and
critical. That will provide the hope that the Palestinian
youth yearn for. Only hope can bring the region back
from the precipice. The Palestinian flag has found its
place at the United Nations. We hope that Palestine will
soon be accepted as a full Member as well.
Lasting peace can be achieved only through political
solutions, not through heavy-handed tactics and the use
of live ammunition against unarmed civilians. The fear
among the Palestinians of a changed status of the holy
sites in Jerusalem is real and needs to be addressed,
and not just by words but by actions. The Council has
a responsibility to ensure peace and security in what
is the most volatile region of the world. We must never
forget the Palestinian civilians, whose struggle for selfdetermination
is epic yet remains unfulfilled.
The President (spoke in French): I now give the
floor to the representative of Algeria.
Mr. Boukadoum (Algeria): I would like to express
our deep appreciation to the Spanish presidency for
having organized this timely open debate, coinciding
with the shocking developments in the occupied
Palestinian territories. I also thank Deputy Secretary-
General Jan Eliasson for his very candid briefing.
I wish to join the voice of Algeria to those of the
overwhelming majority of speakers who have so clearly
expressed themselves on what is happening at this very
moment in the Middle East and, in particular, in the
occupied land of Palestine. While it is unnecessary to
add to or go into the details that Minister Riad Malki
mentioned earlier, we share and live his feelings. Let
me add that in my country the outrage over the images
carried by all media is immense. Injustice, abuses and
arrogance continue to guide the behaviour of those who
think that there are no limits — not even concerning
the most sacred and dearest places, such as the Haram
Al-Sharif.
The recent and tragic developments and the
suffering of the Palestinian people demonstrate that
prospects for a peaceful settlement are becoming
increasingly unattainable. That is why my country
reiterates the following in the strongest possible terms.
First, the very core of the issue of Palestine and the
Middle East is the illegal occupation of Arab territories.
Whatever happens or by whatever angle one sees the
entire question of the situation in Palestine, there is
one fundamental issue that should never be forgotten
nor set aside: the illegal occupation of Arab land. As
long as we — the Security Council, the international
community and all stakeholders — ignore or belittle
that, there will be increased suffering, injustice and
violations of all kinds that will occur before our eyes. It
is appalling that settlers and other civilians have been
given no more and no less than a kind of licence to kill.
Secondly, as long as a solution to the illegal
occupation is not envisioned and the Palestinian
people’s legitimate national rights, with Al-Quds
Al-Sharif as the Palestinian State capital, are not
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recognized, the international community must protect
Palestinian civilians, in accordance with all the relevant
international conventions. In that regard, I welcome
the document issued today by the Secretary-General
that provides historical examples, many of the utmost
importance and relevance, and could serve as a model
for the protection of civilians.
Thirdly, the international community, individual
States, the Quartet and the Security Council have
a specific responsibility. Debates like today’s are
necessary, but they must be fruitful and lead to
operational measures to de-escalate the crisis and set
the conditions to break the current impasse. There is
no wall high enough to block the legitimate grievances
of young and old alike. Israeli practices are not simply
illegal, they are wrong. Just a month ago, the Palestinian
flag was raised on the United Nations premises. It is
our shared responsibility to make that flag again fly
high over its own land, with the establishment of the
Palestinian State and Al-Quds Al-Sharif as its capital.
The President (spoke in Spanish): I now give the
floor to the Ambassador of Tunisia.
Mr. Khiari (Tunisia) (spoke in Arabic): As the
international community commemorates the seventieth
anniversary of the founding of the United Nations, we
remember the horrors that led to its creation and the
hope of saving the world from another world war. For
the past 50 years, the forces of the occupying Power, in
full view of the eyes of the international community,
have attacked generations of Palestinians, including
women and children. Israel has consistently violated
every relevant international instrument and United
Nations resolution.
Days, weeks and years pass and nothing happens,
except that the situation deteriorates further. Israel does
not end its usual practices against the Palestinians and
the holy sites in East Jerusalem, or in the West Bank,
and Gaza. Israel persists in its colonialist expansion
and its attempts to change the status quo with respect to
the holy sites and continues to put obstacles in the way
of any peace initiative. In 2013 and 2014, the United
States attempted to mediate between the parties, but to
no avail.
There is no denying that the international community
and the Security Council have a responsibility in
this matter. Meanwhile, Israel persists in its illegal,
immoral practices against Palestinians. It has given
free rein to its settlers and to terrorist groups to carry
out acts of aggression in Jerusalem, to attack citizens
and holy sites, including the Al-Aqsa Mosque. Those
actions seriously aggravate the situation and are a clear
indication of Israel’s plans to change the traditional
status quo in that area and escalate the situation.
Israel must shoulder its responsibilities. We
condemn all attacks in East Jerusalem and on the
Al-Aqsa Mosque. We consider them to be in flagrant
violation of the holy sites of the Muslims and their
religion. We have warned the Council that there is
bound to be a reaction against the aggression and
violence; and, indeed, religious hatred and extremism
have been growing. We also condemn the serious
military escalation and the unjustified use of force by
the occupying Power to prevent the Palestinian people
from defending their holy sites, even including extrajudicial
executions.
The international community and the Security
Council must now change their approach to the question
of Palestine. A two-State solution that is just and lasting
and that will enable the people of Palestine to recover
their legitimate rights must be found. If the current
situation is allowed to continue, it will simply get
worse. The growing sense of frustration and injustice
will have devastating consequences for all the parties.
In order to put an end to the tension and uprisings in
the region, it is necessary to end the occupation and
settlement policy, which is, after all, the root cause of
the conflict.
I commend the efforts of the various parties to try
to find a just solution to the question of Palestine. We
appreciate the endeavours of the Security Council, of
the Quartet in its new format, of the Secretary-General
and of United States Secretary of State John Kerry to
defuse the current situation.
In conclusion, I reaffirm that it is high time to
consider what can actually be done to protect the
Palestinian people and the holy sites of Islam. Tunisia
supports the request of President Mahmoud Abbas to
the United Nations to provide international protection
to the Palestinian people in keeping with international
norms and laws.
The President (spoke in Spanish): I now give the
floor to the representative of the Republic of Korea.
Mr. Oh Joon (Republic of Korea): I thank you,
Mr. President, for convening this meeting at a time when
the situation in the Middle East, especially in Israel
and Palestine, is on a dangerous course. The recent
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cycle of violence arose across the occupied Palestinian
territories and Israel, particularly Jerusalem, reminds
both the Israelis and Palestinians of the fact that mutual
provocations and unilateral actions will not resolve the
Israeli-Palestinian issue. That simple and powerful truth
has been echoing within this Chamber for decades.
The Republic of Korea once again urges all parties
to put an end to violence and return to the negotiating
table to work out a viable framework to resolve the
conflict, with the two-State solution at its core.
Preserving the historic status quo for the holy sites in
Jerusalem and stopping the expansion of settlements in
the occupied territory should be the first step towards
that goal. The leaders of both Israel and Palestine
must not forget that today’s violence and hatred not
only destroy their present lives but also deprive their
children of any hope for a peaceful future. The past
several decades of violence and intolerance are proof
of that grim reality, and today’s dangerous threats of
violent extremism further increase the likelihood of
that bleak future. We call upon both sides to have more
courage and take more responsibility.
The Republic of Korea appreciates the timely and
urgent efforts by the Secretary-General, especially his
recent visit to the region, in order to prevent escalation
and restore a long-term political horizon of peace. We
also look forward to recharged mediation efforts by
the Quartet. Every possible avenue should be explored
to create a more favourable environment for dialogue
between Israel and Palestine for a sustainable peace.
On Syria, the Republic of Korea remains deeply
concerned about the heavy toll on civilians as the
conflict enters its fifth year. The key stakeholders should
immediately sit down together to discuss the common
denominator with which to start. In this regard, the
Republic of Korea fully supports the ongoing efforts
of Special Envoy De Mistura in seeking a political
solution, which is the only viable option.
We also strongly urge all relevant parties to prevent
and minimize civilian casualties and humanitarian
crises. It has been reported that an additional nearly
50,000 Syrian people have been displaced following
military offensives around Aleppo. The international
community must pay closer attention to the
unprecedented humanitarian crisis involving refugees
and displaced persons and urgently take all necessary
measures to address the related human tragedies.
We oppose any actions by any party that hinder the
delivery of humanitarian assistance and urge all parties
to fully cooperate with the international community’s
humanitarian efforts.
We also believe that seeking legitimate accountability
is part of a sustainable solution. The use of barrel
bombs is an explicit violation of resolution 2139 (2014).
We welcome the establishment of the Organization for
the Prohibition of Chemical Weapons-United Nations
Joint Investigative Mechanism, and urge that all parties
responsible for the use of chlorine as a weapon be held
accountable.
Turning to Yemen, the Republic of Korea welcomes
the Yemeni Government’s statement on 18 October in
which it expressed its willingness to participate in peace
talks with the Houthi rebels. We further call on all the
parties to make maximum use of this opportunity to
forge a sustainable peace and defend the territory of
Yemen from the terrorist threat of the Islamic State in
Iraq and the Levant.
We are witnessing the increasing vulnerability of
the Middle East as the region faces the multifaceted
challenges of violent extremism, terrorism and the
vicious cycle of violence and intolerance. This has
serious negative impacts on the stability of other
regions as well as the entire world. This is also warrants
an enhanced role for the Security Council to maintain
peace and security in the region. The Republic of
Korea will continue to support the Security Council in
fulfilling its mandate.
The President (spoke in Spanish): I now give the
floor to the representative of Ukraine.
Mr. Fesko (Ukraine): At the outset, I would like to
thank you, Mr. President, for convening today’s open
debate. Ukraine associates itself with the statement
made by the Observer of the European Union earlier
today.
Our country is committed to maintaining a
balanced and impartial position on the Middle East
peace process. We are willing to develop stable and
constructive relations with both Israel and Arab States.
On the issue of resolving the Israeli-Palestinian
conflict, Ukraine supports the principle of the
coexistence of Israel and the Arab States living side by
side in peace and security. We support the Middle East
peace process and believe that peace in the region can
be achieved only if viable mutual concessions are made
at the negotiating table. Unfortunately, we are currently
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observing the deterioration of the situation in the West
Bank and in East Jerusalem, where tensions continue
to rise.
Ukraine is deeply concerned about a long-lasting
worsening of the situation around the Al-Aqsa Mosque.
We call on all parties to show restraint and moderation
on this issue. We believe that it is important to avoid any
provocations that could lead to further confrontations
in a very tense regional context. It is important for
both parties to find the courage to respect the holy
places in accordance with the principles specified in
fundamental international documents, particularly
those of UNESCO, and the agreements that regulate the
status of the Temple Mount complex.
We believe that direct negotiations between the
parties is the only way to achieve a peaceful solution,
and any unilateral steps will not solve the key problems
standing in the way of a peace settlement. The strategic
outcome of the direct negotiations is to create two
States that will coexist in peace and security, based on
the expectations of the international community for a
stable, democratic and prosperous Middle East. Ukraine
reiterates its position that the Israeli-Palestinian peace
agreement should lie within the framework of the
unconditional fulfilment by the parties to the conflict
of relevant Security Council resolutions, the Madrid
principles, including land for peace, the agreements
previously reached by the parties and the 2002 Arab
Peace Initiative.
With respect to the situation in Syria, Ukraine
reaffirms its commitment to the universal principles
and basic norms of international law and advocates
strict respect for the territorial integrity and
sovereignty of Syria. Ukraine strongly condemns the
ongoing violence and systematic violations of human
rights in the country. We consider that the Syrian
Government bears full responsibility for the present
condition of the country and for the sufferings of its
people caused by the bloody conflict. Fighting between
Government forces, non-State armed groups and listed
terrorist groups continues to result in death, injury and
displacement of civilians and the destruction of property
and infrastructure. Parties to the conflict continue
to disregard their obligations under international
humanitarian law, specifically regarding the protection
of civilians.
Ukraine calls for an immediate end to the bloodshed
and for the greater use of political and diplomatic
means to resolve the conflict. In expressing solidarity
with the international community on the urgent need to
eliminate the Islamic State in Iraq and the Levant (ISIL)
as a global threat, Ukraine believes that sustainable
peace and stability in the region can be achieved only
through a political process aimed at establishing a
Syrian Government of national unity and restoring the
country’s sovereignty and territorial integrity.
Ukraine is concerned over Russia’s latest aggressive
movements in the Middle East, in particular in Syria.
While using the slogan of confronting international
terrorism as a cover, the Kremlin is yet again carrying
out its policy of breeding and exploiting instability
along with the backing of anti-democratic regimes.
In the light of Russia’s continuing military aggression
against Ukraine, which is accompanied by direct
support and funding of terrorism in Ukraine’s Donbas
region, Moscow’s declared goal of fighting terrorism
in Syria appears especially disingenuous. The attacks
by the Russian Air Force in Syria, which have led to
civilian deaths but have not caused substantial damage
to ISIL, raise serious doubts over Russia’s ability to
play a constructive role in the Syrian crisis settlement
process.
The President (spoke in Spanish): I now give the
floor to the representative of Iceland.
Mr. Hannigan (Iceland): I would like to thank the
Spanish presidency for convening today’s meeting.
Iceland joins others in expressing grave concern at
the present spike in violence in the occupied State of
Palestine, including East Jerusalem, and in Israel. Acts
of terror are unacceptable in all circumstances.
As has been stated, these acts of violence do not
occur in a vacuum. Assistant Secretary-General Tayé-
Brook Zerihoun highlighted a number of key elements
of the context in his briefing to the Security Council
last week (S/PV.7536). Among them, he identified
demolitions of Palestinian dwellings, ongoing
settlements, heavy-handed Israeli military action
against civilians and the blockade of Gaza. Collective
punishment of the Palestinian population is not only a
breach of international law, but it is also demonstrably
counterproductive. These ongoing developments
on the ground have a key significance for the wider
context of this conflict. They add up to the dangerous
undermining of the only viable course to peace — a
two-State solution.
Yes, there is incitement — on both sides, through
the social media, according to Assistant Secretary-
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General Zerihoun. But incitement also has a context.
Incitement is a part of the violence and is facilitated
and given credibility by the wider context of loss of
political perspective and a growing despair among
the Palestinian population and fear among Israeli
civilians. Political leaders on both sides bear a heavy
responsibility to encourage restraint.
It is vital that the Council respond urgently and
effectively to this crisis. There must be de-escalation
and a cessation of all violence from both sides. But
the deep distrust that exists between the two parties
puts a large question mark over whether de-escalation
is possible without external assistance. One Security
Council member has commented on the tendency for
each side to highlight the provocations and acts of
violence by the other side, while seeking to minimize
its own actions. There is little chance in the present
situation that Palestinians could see the Israeli forces
as acting even-handedly.
The Council should look at ways to assist in starting
on the long road back to some kind of mutual confidence
between the parties. In that regard, we should not forget
the huge potential that exists in involving women on
all sides. The importance of getting women involved in
peace processes was proclaimed by the Council earlier
this month, when it marked the fifteenth anniversary of
the adoption of resolution 1325 (2000) (see S/PV.7533).
In the short term, Palestinians need a sense of security
for their own people. The Security Council should look
at ways of bringing that about. Palestinians also need
confidence that there is a political route to the two-
State solution within a finite time period. Israelis must
have confidence that their security is not compromised.
The urgency is redoubled by the religious dimension,
which has become more present since the violence at
the holy places in Jerusalem. It is vital that the status
quo be maintained, not only in word but also in deed.
The Security Council must ensure that the parties are in
no doubt as to the importance of that.
The President (spoke in Spanish): I now give the
floor to the representative of Botswana.
Mr. Nkoloi (Botswana): At the outset, my
delegation wishes to extend its warmest congratulations
to the President and his country on its assumption of the
presidency of the Security Council for this month. We
also appreciate the insightful briefings that we received
this morning from various persons, including the
statements by the representatives of Israel and the State
of Palestine, as well as the Deputy Secretary-General.
My delegation welcomes the continued focus by the
United Nations, particularly the Security Council,
on this very important topic. Let me express my
delegation’s profound appreciation for the opportunity
accorded to Member States to debate the pressing
matter of the situation in the Middle East, which is
taking place against the backdrop of rampant violence
in that region.
Botswana attaches great importance to the
fundamental principle of self-determination for peoples
under foreign occupation. It is for that reason that we
remain deeply concerned that, despite the sustained
efforts of the Security Council, the Palestinian people
continue to be denied their inalienable right to selfdetermination
and independence by the occupying
Power, Israel. Botswana continues to believe that
there is no alternative to the two-State solution, which
implies the coexistence of Israel and Palestine, living
side by side, as two sovereign States. That cannot be
overemphasized.
Botswana joins the international community in
deploring the continuing human rights violations in
the Middle East, especially in the interactions between
Israelis and Palestinians, in which thousands continue
to lose their lives, while many remain displaced with
no homes, no access to the basic necessities of life
and no hope for the future. We call for an end to the
horrific situation that innocent civilians continue to
endure, which has resulted in millions seeking refuge
in neighbouring countries. The living conditions to
which the Palestinian people continue to be subjected
are appalling and dehumanizing.
In his briefing to the Security Council on
15 September 2015, the Special Coordinator for the
Middle East Peace Process, Mr. Nickolay Mladenov,
said that
“the Israeli-Palestinian conflict has left an indelible
scar on the people and landscape of the region.
Frustration, fear and violence have continued to
spiral, undermining belief in finding a way out of
the impasse” (S/PV.7521, p. 2).
In the light of that statement by Mr. Mladenov, my
delegation wishes to encourage the parties to the
conflict to return to the negotiating table and resume
the long overdue talks and to approach the talks with a
spirit of compromise and mutual respect, with a view
to reaching a just, lasting and mutually acceptable
solution. Nonetheless, we note and welcome the
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continued efforts of the Secretary-General, the Middle
East Quartet, the Security Council and all those who
continue to be committed to the peace process for their
relentless efforts to see a peaceful end to the conflict.
It is my delegation’s belief that those efforts require the
full support of the international community.
In conclusion, let me reaffirm Botswana’s strong
support for the right of the Palestinian people to selfdetermination.
We remain hopeful that someday their
plight will become history. Both the Israelis and the
Palestinians should give proof of their will and desire to
shape their future and end this long, drawn-out conflict.
The President (spoke in Spanish): I now give the
floor to the representative of Sri Lanka.
Mr. Perera (Sri Lanka): I join other speakers in
commending the President for convening this important
debate.
The Sri Lanka delegation associates itself with
the statement made by the representative of the
Islamic Republic of Iran on behalf of the Non-Aligned
Movement.
Finding a just and durable solution to the
situation in the Middle East has been a priority for
the international community since 1948. As long as
the question of Palestine continues to be unresolved,
the Middle East will never achieve the peace desired.
A just and lasting solution to the question of Palestine
and an end to the suffering of the Palestinian people
can be achieved only through negotiations and a
political process that delivers real results and hope. The
international community has repeatedly encouraged
concrete, credible steps, including a freeze on illegal
settlement building, so as to jump-start meaningful
negotiations. The parties must refrain from unilateral
measures, which undermine the peace in the region.
The ongoing settlement activities, which are illegal
under international humanitarian law, need to end at
the earliest, which would enable a sustainable peace.
All sides should refrain from confrontational actions,
which lead to a spiral of violence. The parties should
build upon existing agreements, including the relevant
Security Council resolutions.
The blockade of the Gaza Strip is another obstacle
to the peace process. Those restrictions need to be
lifted within the framework of resolution 1860 (2009).
That would contribute significantly to the economic
advancement of Gaza and the well-being of the people.
We note with concern that the United Nations is hardpressed
to keep the vast majority of the people of Gaza
supplied with the minimum necessities. More than
one year after the widespread destruction in Gaza
last year, thousands of families continue to live in
their damaged homes, with winter approaching. As of
August 2015, only one third of the $4 billion pledged by
the international community in Cairo in October 2014
has been disbursed. Non-governmental organizations
(NGOs) have noted that up to 100,000 Palestinians
remain displaced and live in precarious conditions,
struggling to gain access to basic services such as
electricity, water, sanitation and medical services.
We also strongly support the work of the United
Nations agencies in the occupied Palestinian territory,
including the United Nations Relief and Works Agency
for Palestine Refugees in the Near East (UNRWA)
and the Office for the Coordination of Humanitarian
Affairs, which play key roles in serving Palestinians
in the areas of their operations. Those areas include
Jordan, Lebanon, Syria, the West Bank and the Gaza
Strip. Recently, UNRWA experienced a financial crisis
that nearly affected the operations of hundreds of
schools run by the Agency. It is critical to avoid such
situations in the future, as they aggravate the already
difficult conditions faced by Palestinian children,
which may, in turn, also encourage them to engage in
acts of violence through desperation.
The situation of Palestinian detainees, including
women and children, remains a serious concern.
Palestinians are being held under administrative
detention without charge or trial for an indefinite
period of time. Administrative detention is permitted
under international law only exceptionally and
for short periods of time, but, regrettably, in the
occupied Palestinian territories it remains the norm.
Indiscriminate attacks against civilians will only
enhance feelings of desperation and insecurity and
widen the gap between the parties. The security needs
of the people of Israel must also be respected. A climate
conducive to peace will be encouraged if each side takes
an approach sensitive to the other’s concerns. We hope
that all parties will engage constructively and sincerely
to end the conflict and enable lasting peace.
Terrorism originating from the Middle East region
has the potential to pose a serious threat to the security
and stability of many countries. In today’s interconnected
world, it is very easy for agents of extremism to spread
their ideologies across national borders. In that regard,
the lingering question of Palestine is one of the main
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factors driving the recruitment of terrorists in the
region, as well as worldwide. We also call for respect
for the sovereignty and territorial integrity of Syria,
which is essential for the preservation of overall peace
in the Middle East.
In conclusion, Sri Lanka wishes to reiterate its
support for Palestine’s application for admission to full
membership of the United Nations.
We also support the implementation of United
Nations resolutions, including resolution 242 (1967),
regarding the inalienable rights of the Palestinian
people to statehood, and the achievement of the two-
State solution on the basis of the 1967 borders.
The President (spoke in Spanish): I now give the
floor to the representative of Bahrain.
Mr. Alrowaiei (Bahrain) (spoke in Arabic): At the
outset, we would like to thank the Kingdom of Spain
and its Minister of Foreign Affairs and Cooperation,
Mr. García Margallo, for presiding over the Security
Council this month and for convening today’s open
debate at the ministerial level on the situation in the
Middle East, including the question of Palestine. I also
thank Deputy Secretary-General Jan Eliasson for his
briefing at the beginning of this meeting.
The Council is meeting today to debate an item on
its agenda that is discussed in open debate on a quarterly
basis, namely, the situation in the Middle East, including
the Palestinian question. This meeting is being held at a
time when the region is witnessing worrisome turns and
developments, all under the shadow of the violation by
the occupying Power, Israel, of the sanctity of Al-Haram
Al-Sharif and the killing of many innocent people.
There is no doubt that the exacerbation of the crisis
will continue until Israel abides by the provisions of the
Fourth Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949,
which is applicable to all the occupied Arab territories,
including occupied Palestinian land.
Such confrontations have led to the killing of
many Palestinians and to the injuring of many others
by the Israeli occupation forces in the West Bank and
the Gaza Strip. The Kingdom of Bahrain, in the face of
such deplorable acts, expresses its strong condemnation
of the continued aggression and the ongoing breach of
international law, as well as of the flagrant violations of
humanitarian and moral norms. Such illegal, inhumane
acts are likely to snuff out any possibility for peace, as
well as to further fuel tensions, violence, extremism and
hatred, which will not build human relations or build
bridges of respect, as called for by all religions. Indeed,
such acts will not lead to building peaceful societies that
uphold dignity, culture and peaceful coexistence. There
is no doubt that for Israel to terrorize the Palestinian
people by using violence and brutal force will do grave
harm to the peace process and will place additional
obstacles in the path of any peaceful settlement.
International intervention is urgently required to
put an end to Israeli aggression against the Palestinian
people, to provide appropriate protection and to avoid
any setbacks that could lead to further deterioration
and bring harm to the entire region. The international
community should create the environment necessary
for the resumption of negotiations between Palestinians
and Israelis, in order for them to take up fundamental
issues in accordance with the relevant United Nations
resolutions and internationally agreed terms of
reference.
The position of the Kingdom of Bahrain is firm
when it comes to Palestine. It is a position based on
fundamental pillars, namely, the need to implement
the relevant Security Council and General Assembly
resolutions; to respect the international terms of
reference and the Arab Peace Initiative; to apply the two-
State solution; to establish an independent Palestinian
State within the pre-1967 borders and with East
Jerusalem as its capital; and to lift the unjust and illegal
siege of the Gaza Strip. In that regard, the international
community must shoulder its responsibility to ease the
suffering of the Palestinian people in the Gaza Strip.
Without question, a peaceful settlement to the problems
of the Middle East must include an end to Israel’s
occupation of Arab and Palestinian lands held since
1967, including East Jerusalem and the Syrian Golan;
the total withdrawal by Israel from remaining occupied
Lebanese lands, in accordance with the relevant
Security Council resolutions; the establishment of an
independent and fully sovereign Palestinian State; and a
just solution ensuring the return of Palestinian refugees
to their towns and villages, in accordance with General
Assembly resolution 194 (III). We stress the need to
implement the relevant Security Council and General
Assembly resolutions and for unconditional respect for
the principles of international legitimacy.
The President (spoke in Spanish): I now give the
floor to the representative of Cuba.
Mr. León González (Cuba) (spoke in Spanish): We
support the statement delivered by the representative
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of the Islamic Republic of Iran on behalf of the
Non-Aligned Movement.
The situation in the region of the Middle East
continues to be of grave concern to the international
community. Just a year after Israel’s most recent
attack on the Gaza Strip, in which more than 2,000
Palestinians lost their lives, among them at least 299
women and 556 children, and which plunged that
territory into terror, death and mass destruction, the
Palestinian people continue to be the victims of acts
of aggression perpetrated by Israel, which continues to
occupy their land, murder their children, destroy their
homeland and shred their inalienable rights, including
the right to self-determination.
Despite the periodic open debates in the Security
Council, which have demonstrated overwhelming
support for the Palestinian cause, the Council has
unfortunately failed to adopt a single resolution
demanding that Israel put an immediate end to its
military occupation of Palestinian and Arab territories;
that it lift the blockade against the Gaza Strip; that it halt
the construction and expansion of its illegal settlements
and of the separation wall in the occupied Palestinian
territory; and that Israel be held accountable for the war
crimes it has committed and its collective punishment of
the Palestinian people. We cannot allow the Palestinian
cause to continue without a just resolution.
This organ must fulfil its obligation to promote
a negotiated settlement that guarantees the end of
the Israeli occupation of Palestinian territory; the
peaceful coexistence of two independent States; the
establishment of the independent, sovereign and viable
State of Palestine, with its capital in East Jerusalem and
with the pre-1967 borders; along with a just solution to
the problem of Palestine refugees, in accordance with
General Assembly resolution 194 (III).
We are convinced that the solution to this longstanding
conflict could contribute to significantly
reducing current tensions in the Middle East.
My delegation once again reiterates in this Chamber
its strong condemnation of the Israeli settlement
campaign in the occupied Palestinian territories,
including East Jerusalem, and of all the measures,
policies and practices connected to that campaign,
which, in addition to the construction and expansion of
illegal settlements and the wall, includes the destruction
and confiscation of Palestinian land and property,
the forced displacement of hundreds of thousands of
Palestinian families and the transfer of settlers into
occupied Palestinian territory, among other violations
of international law, international humanitarian law
and United Nations resolutions. My delegation also
condemns the violence, provocations and incitement to
hatred and terror by Israeli settlers, and the arbitrary
detentions and mass incarcerations, and demands
that they end once and for all. Cuba reaffirms its full
support for the admission of Palestine as a full Member
of this Organization.
Many of the pledges made for the reconstruction
of the Gaza Strip following the terrible bombings and
massive destruction inflicted by Israel in July and
August 2014 have not materialized. We call on all
members of the international community to fulfil their
commitments and work to rebuild that devastated area.
Achieving peace in Syria will be possible only
through respect for its people’s right to decide their
own destiny. A political solution through dialogue and
negotiation is the only alternative to the conflict in
Syria. Anyone fuelling the conflict from outside with
a declared goal of regime change bears responsibility
for the thousands of civilian casualties that have
mounted up during four years of fighting. We would
like to once again emphasize our alarm at the loss of
innocent lives as a result of the conflict in Syria and
once again condemn every act of violence committed
against civilians there. But claiming to protect human
lives and combat extremist elements cannot be a pretext
for foreign intervention. That is why we call for the
withdrawal of any foreign presence in Syria without
the consent of the Syrian Government and appropriate
coordination with its authorities. The United Nations,
particularly the Council, should urge for an immediate
ceasefire as a preliminary to dialogue and negotiations,
and should not promote initiatives that encourage
further tensions and that have yet to produce concrete
results.
The world’s leaders recently adopted the new 2030
Agenda for Sustainable Development for the next 15
years (General Assembly resolution 70/1). Now begins
the most difficult stage, which will require significant
financial and human resources to implement. We have
no right to sacrifice present and future generations
to the horrors of war and the devastation it causes,
no matter where it occurs. The Security Council has
a crucial role to play in helping all the peoples of the
Middle East to achieve their aspirations to the wellbeing,
peace and development that they deserve. Its
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38/39 15-33018
S/PV.7540 (Resumption 1) The situation in the Middle East, including the Palestinian question 22/10/2015
members should be advocates for peaceful solutions,
without foreign interference, that will safeguard
States’ sovereignty and territorial integrity and make
a decisive contribution to preserving the lives of the
people affected by the conflicts in the region.
The President (spoke in Spanish): I now give the
floor to the representative of Zimbabwe.
Mr. Ntonga (Zimbabwe): I would like to thank
the Spanish presidency for convening this important
open debate and for giving this issue the significance
it deserves. I would also like to thank the Deputy
Secretary-General, Mr. Jan Eliasson, for his insightful
briefing, and the Ministers who participated in the
debate for their constructive proposals.
Zimbabwe aligns itself with the statement delivered
by the representative of the Islamic Republic of Iran on
behalf of the Non-Aligned Movement.
We are seriously concerned about the acts of
violence in and around the holy sites and by any
attempt to change the status quo in East Jerusalem.
Access to the Temple Mount and other holy sites must
be preserved under the status quo arrangements. The
recent tragic events are a stark reminder of the plight
of the Palestinian people, owing to a systematic denial
of their right to self-determination. We welcome the
insistence of the President and other Council members
that urgent steps must be taken to stop the violence.
Furthermore, as some other delegations have pointed
out, this is not a conflict between equal forces. The
Council must therefore take appropriate measures to
ensure the protection of Palestinian civilians.
The current violent actions are a direct result of
hopelessness and despair at the grim prospects for
a two-State solution, which nonetheless offers the
best prospects for peace. Israel’s security cannot be
guaranteed by using excessive force to inflict collective
punishment on defenceless Palestinian civilians. The
spiral of violence feeds into extremism and terrorism.
The situation requires that the Security Council
act decisively to put a halt to all such violations of
international law, including humanitarian and human
rights law.
The Security Council shares the blame for the
longest continuous occupation in modern history.
No measures have been taken to stop the aggression
against the Palestinian people, and that has emboldened
the occupying Power to act with impunity in blatant
violation of Security Council and General Assembly
resolutions. The Council must protect the people
in the occupied territories. In that regard, we look
forward to the Secretary-General’s report on ways to
respond to President Abbas’s request for international
protection for the Palestinian people in accordance with
international law and the relevant resolutions.
The deteriorating situation in the occupied
territories makes it even more urgent to relaunch the
political process, end the impasse and restore hopes
for a two-State solution. We welcome the recent
initiatives taken by the expanded Quartet to revive
the peace process, and those by some members of the
Security Council. The Council should shoulder its
responsibilities and create conditions conducive to
negotiations by engaging both parties to the conflict,
and other international partners, in discussions on a
time frame for commencing negotiations. We would
like to underscore the importance of salvaging a two-
State solution, based on the pre-1967 borders and the
need for a just and comprehensive peace for Palestine.
Zimbabwe reaffirms its solidarity with the Palestinian
people and supports realization of their legitimate
national aspirations and inalienable rights, including
to self-determination and freedom in an independent
State of Palestine with East Jerusalem as its capital,
living side by side in peace and harmony with the State
of Israel.
The President (spoke in Spanish): The representative
of Israel has asked for the floor to make a further
statement. I intend to accede to her request. However,
I would remind all delegations that are not Council
members that they are limited to one additional
statement only.
Ms. Meitzad (Israel): Israel cannot remain silent in
the face of the reckless and inflammatory allegations
about my country made earlier by several delegations.
Sitting here today in the Council, I was amazed to hear
that several Arab countries still insist that the Israeli-
Palestinian conflict is at the centre of the problems in
the Middle East. They say this while thousands of their
brothers are being massacred by the Syrian regime,
slaughtered and executed by the Islamic State in Iraq
and Syria, or terrorized by Hizbullah, Jabhat Al-Nusra
or Ansar Beit Al-Maqdis.
Turning to Lebanon, I find it amazing that the
representative of a country that for two years now has
failed even to elect a president has the nerve to criticize
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22/10/2015 The situation in the Middle East, including the Palestinian question S/PV.7540 (Resumption 1)
the Prime Minister of a democratic country. Let us not
forget that in Lebanon a terrorist group that assists the
Al-Assad regime in slaughtering civilians is part of the
Government — half of the Cabinet, in fact.
Regarding Saudi Arabia, it is the height of audacity
for the representative of a country that routinely carries
out public beheadings, including of teenagers, to
criticize the measures that Israel takes to defend itself.
A young Saudi protester, Ali Mohammed Al-Nimr,
age 17, is set to be beheaded for encouraging protest
during the Arab Spring. This is a country that engages
in indiscriminate bombing and is attacking anything
that moves. It recently killed at least 70 civilians when
it bombed a wedding party in Yemen. Perhaps countries
that engage in the indiscriminate bombing of innocents
should not raise the issue of war crimes.
Earlier, we heard the representative of one of the
world’s worst human rights abusers, Venezuela, accuse
Israel of abusing human rights. That Jeffersonian
democracy deprives its citizens of democratic rights by
repressing and imprisoning opposition members. Here
in the Council, Venezuelan leaders enjoy full freedom
of speech; the same is not true for their constituents
back home. Venezuela’s accusations and conspiracy
theories cannot be answered in a brief right of reply.
It is disheartening that one of the 15 representatives on
the Council should utter such baseless accusations.
As for the Palestinians, it is unfortunate that they
are repeating their false accusations and breached the
protocol of the Security Council by disrupting the
Israeli representative’s speech. Interestingly enough,
no one seemed surprised. The Palestinian observer did
not answer one particular question: Why does Palestine
refuse to negotiate? Its baseless accusations and
malicious lies have been answered time and time again,
including in our speech this morning, and I do not want
to waste the Council’s time by discussing them. An
offer was made yet again in the Council for President
Abbas to discuss peace here at the United Nations or in
Ramallah, Jerusalem or anywhere else.
For those who have spent the entire meeting
listening to hateful incitement, let me repeat the words
of Israel’s Permanent Representative: “Like people
everywhere, the people of Israel seek to live in peace
and to see their children prosper”. Despite the difficult
time my country is facing, we remain confident in the
promise of Israel’s future. We call on the Palestinians to
join us on the path to peace and reconciliation. Together,
we can create a better future for both our peoples. As
we said this morning, we aspire to peace and we are
committed to the status quo.
The President (spoke in Spanish): There are no
more speakers on my list.
The meeting rose at 7 p.m.
HP EXHIBIT 157
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United Nations S/RES/2334 (2016)
Security Council Distr.: General
23 December 2016
Resolution 2334 (2016)
Adopted by the Security Council at its 7853rd meeting, on
23 December 2016
The Security Council,
Reaffirming its relevant resolutions, including resolutions 242 (1967), 338
(1973), 446 (1979), 452 (1979), 465 (1980), 476 (1980), 478 (1980), 1397 (2002),
1515 (2003), and 1850 (2008),
Guided by the purposes and principles of the Charter of the United Nations,
and reaffirming, inter alia, the inadmissibility of the acquisition of territory by
force,
Reaffirming the obligation of Israel, the occupying Power, to abide
scrupulously by its legal obligations and responsibilities under the Fourth Geneva
Convention relative to the Protection of Civilian Persons in Time of War, of
12 August 1949, and recalling the advisory opinion rendered on 9 July 2004 by the
International Court of Justice,
Condemning all measures aimed at altering the demographic composition,
character and status of the Palestinian Territory occupied since 1967, including East
Jerusalem, including, inter alia, the construction and expansion of settlements,
transfer of Israeli settlers, confiscation of land, demolition of homes and
displacement of Palestinian civilians, in violation of international humanitarian law
and relevant resolutions,
Expressing grave concern that continuing Israeli settlement activities are
dangerously imperilling the viability of the two-State solution based on the 1967
lines,
Recalling the obligation under the Quartet Roadmap, endorsed by its
resolution 1515 (2003), for a freeze by Israel of all settlement activity, including
“natural growth”, and the dismantlement of all settlement outposts erected since
March 2001,
Recalling also the obligation under the Quartet roadmap for the Palestinian
Authority Security Forces to maintain effective operations aimed at confronting all
those engaged in terror and dismantling terrorist capabilities, including the
confiscation of illegal weapons,
HP EXHIBIT 158
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2/3
Condemning all acts of violence against civilians, including acts of terror, as
well as all acts of provocation, incitement and destruction,
Reiterating its vision of a region where two democratic States, Israel and
Palestine, live side by side in peace within secure and recognized borders,
Stressing that the status quo is not sustainable and that significant steps,
consistent with the transition contemplated by prior agreements, are urgently needed
in order to (i) stabilize the situation and to reverse negative trends on the ground,
which are steadily eroding the two-State solution and entrenching a one-State
reality, and (ii) to create the conditions for successful final status negotiations and
for advancing the two-State solution through those negotiations and on the ground,
1. Reaffirms that the establishment by Israel of settlements in the
Palestinian territory occupied since 1967, including East Jerusalem, has no legal
validity and constitutes a flagrant violation under international law and a major
obstacle to the achievement of the two-State solution and a just, lasting and
comprehensive peace;
2. Reiterates its demand that Israel immediately and completely cease all
settlement activities in the occupied Palestinian territory, including East Jerusalem,
and that it fully respect all of its legal obligations in this regard;
3. Underlines that it will not recognize any changes to the 4 June 1967
lines, including with regard to Jerusalem, other than those agreed by the parties
through negotiations;
4. Stresses that the cessation of all Israeli settlement activities is essential
for salvaging the two-State solution, and calls for affirmative steps to be taken
immediately to reverse the negative trends on the ground that are imperilling the
two-State solution;
5. Calls upon all States, bearing in mind paragraph 1 of this resolution, to
distinguish, in their relevant dealings, between the territory of the State of Israel and
the territories occupied since 1967;
6. Calls for immediate steps to prevent all acts of violence against civilians,
including acts of terror, as well as all acts of provocation and destruction, calls for
accountability in this regard, and calls for compliance with obligations under
international law for the strengthening of ongoing efforts to combat terrorism,
including through existing security coordination, and to clearly condemn all acts of
terrorism;
7. Calls upon both parties to act on the basis of international law, including
international humanitarian law, and their previous agreements and obligations, to
observe calm and restraint, and to refrain from provocative actions, incitement and
inflammatory rhetoric, with the aim, inter alia, of de-escalating the situation on the
ground, rebuilding trust and confidence, demonstrating through policies and actions
a genuine commitment to the two-State solution, and creating the conditions
necessary for promoting peace;
8. Calls upon all parties to continue, in the interest of the promotion of
peace and security, to exert collective efforts to launch credible negotiations on all
final status issues in the Middle East peace process and within the time frame
specified by the Quartet in its statement of 21 September 2010;
HP EXHIBIT 158
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9. Urges i n t his r egard the intensification and acceleration of international
and regional diplomatic efforts and support aimed at achieving, without delay a
comprehensive, just and lasting peace in the Middle East on the basis of the relevant
United Nations resolutions, the Madrid terms of reference, including the principle of
land for peace, the Arab Peace Initiative and the Quartet Roadmap and an end to the
Israeli occupation that began in 1967; and underscores in this regard the importance
of the ongoing efforts to advance the Arab Peace Initiative, the initiative of France
for the convening of an international peace conference, the recent efforts of the
Quartet, as well as the efforts of Egypt and the Russian Federation;
10. Confirms its determination to support the parties throughout the
negotiations and in the implementation of an agreement;
11. Reaffirms its determination to examine practical ways and means to
secure the full implementation of its relevant resolutions;
12. Requests the Secretary-General to report to the Council every three
months on the implementation of the provisions of the present resolution;
13. Decides to remain seized of the matter.
HP EXHIBIT 158
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The Status Quo governing Jerusalem's holy sites preserves peace: UK statement at the Security Council - GOV.UK
􀀇 GOV.UK
Home > Peace and stability in the Middle East and North Africa
Speech
The Status Quo governing Jerusalem's holy
sites preserves peace: UK statement at the
Security Council
Statement by Ambassador Barbara Woodward at the UN Security
Council meeting on situation in the Middle East
From:
Foreign, Commonwealth & Development Office
{/government/organisations/foreign-commonwealth-development-office} and Dame
Barbara Woodward DCMG QBE (/government/people/barbara-woodward)
Published
5 January 2023
Location: UN Security Council
Delivered on: 5 January 2023 (Transcript of the speech, exactly as it was delivered)
https://www.gov.uk/government/speeches/the-status-quo-governing-jerusalems-holy-sites-preserves-peace-uk-statement-at-the-security-council
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The Status Quo governing Jerusalem's holy sites preserves peace: UK statement at the Security Council - GOV.UK
Thank you President,
I also join others in thanking ASG Khiari for his briefing.
Firstly, the UK recognises that Jerusalem's holy sites including Haram al
Sharif/Temple Mount hold particular significance for many around the globe,
especially the three Abrahamic faiths of Christianity, Islam and Judaism. In that
context, the visit was made by the Israeli minister for National Security has the
potential to increase tensions.
The United Kingdom strongly supports the historic Status Quo governing Jerusalem's
holy sites, which protects the sites and those who worship there, and preserves
peace.
The UK also recognises and values Jordan's important role as custodian of the holy
sites and urges the importance of cooperation with the Jordanian authorities in this
regard. The UK is committed to working with all parties to uphold this Status Quo in
Jerusalem. All parties must avoid actions which inflame tensions, undermine the
cause of peace, or unilaterally seek to alter the Status Quo.
Second, our position on the status of Jerusalem is clear and long-standing: it should
be determined in a negotiated settlement between the Israelis and the Palestinians,
https://www.gov.uk/government/speeches/the-status-quo-governing-jerusalems-holy-sites-preserves-peace-uk-statement-at-the-security-council
HP EXHIBIT 159
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The Status Quo governing Jerusalem's holy sites preserves peace: UK statement at the Security Council - GOV.UK
ensuring that Jerusalem is the shared capital of the Israeli and Palestinian states, with
access and religious rights of all peoples fully respected.
Third, the UK reaffirms its support for a Two State Solution, based on 1967 lines and
Jerusalem as the shared capital, as the only way to ensure a lasting peace between
the parties. We are concerned by levels of violence in the OPTs and Israel. I
encourage all parties to avoid actions that undermine the prospects of peace.
Thank you President.
Published 5 January 2023
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II. Resolutions adopted without reference to a Main Committee S7
requests them to expand their assistance in order to pro- F
vide for the basic needs of the refugees;
17. Expresses its appreciation to those specialized
agencies a n d othe r organizations of the United Nations
system which have waived agency support costs in respect
of projects in favour of Namibians, financed from the
United Nations Fund for Namibia and other sources, and
urges those that have not yet done so to take appropriate
steps in this regard;
18. Decides that Namibians shall continue to be eligible
for assistance through the United Nations Educational
and Training Programme for Southern Africa and
the U nited Na tions Trus t Fund for South Africa;
19. Commends the progress made in the implementation
of the pre-independence components of the Nationhood
Programme for Namibia and requests the United
Nations Council for Namibia to elaborate and consider
policies and contingency plans regarding the transitional
and post-independence phases of the Programme;
20. Comm ends the United Nations Institute for
Namibia for the effectiv e ness of its training programmes
for Namibians and its research activities on Namibia,
which contribute substantially t o the struggle for freedom
of the Namibian peopl e and to the establishment of an
independent State of Namibia;
21. Urges the specialized agencies and other organizations
and institutions of the United Nations system to cooperate
closely with the United Nations Institute for
Namibia in strengthening its programme of activities;
22. Requests the United Nations Council for Namibia,
through the United Nations Institute for Namibia, to finalize,
publish and disseminate at an early date a comprehensive
referen ce book on Namibia covering all aspects of the
question of Namibia as considered by the United Nations
since its inception;
23. Notes with appreciation the completion by the
United Nations Institute for Namibia, in co-operation
with the South West A frica People's Organization, the
Office of the United Nations Commissioner for Namibia
and the United Nations Development Programme, of a
comprehensive document on all aspects of economic planning
in an independent Namibia, and commends the Secretary-
General for providing substantive support through
the Office of the Commissioner for the preparation of that
document;
24. Requests the United Nations Council for Namibia,
in consultation wi th the Office of the United Nations
Commissioner fo r Namibia, to finalize and publish at an
early date a demographic study of the Namibian population
a nd a study of its educational needs;
25. Requests the Secretary-General to continue to provide
the Office of the United Nations Commissioner for
Na mibia with t he ne cessary resources for the performance
of the responsibilities entrusted to it by the United
Nations Council for Namibia as the co-ordinating authority
for the implementation of the Nationhood Programme
fo r Namibia, as well a s other assistance programmes.
I02 A/40/668 and Add. I.
I I 5th plenary meeting
13 December I 985
SPECIAL SESSION OF THE GENERAL ASSEMBLY
ON THE QUESTION OF NAMIBIA
The General Assembl_v,
Taking into consideration its resolution 1514 (XV) of 14
December 1960, containing the Declaration on the Granting
of Independence t o Colonial Countries and Peoples,
Recalling its resolution 2145 (XXI) of 27 October 1966,
by which it decided to terminate the Mandate of South
Africa over Namibia,
Recalling its resolution 2248 (S-V) of 1 9 May 1967, by
which it established the United Nations Council for
Namibia as the legal Administering Auth ority for Namibia
until independence,
Recalling Security Council resolutions relating to
Namibia, particularly resolutions 385 ( 1976) of 30 January
1976 and 435 ( 1978) of 29 September 1978, as well as subsequent
resolutions relating to Namibia,
Gravely concerned that, twenty years after the termination
by the General Assembly of the Mandate o f South
Africa over Namibia and the assumption by the United
Nations of direct responsibility for the Territory, the racist
regime of South Africa continues illegally to occupy the
Territory in violation of the relevant resolutions and decisions
of the United Nations,
Indignant at the continued non-implementation of
Security Council resolution 435 (1978), owing to South
Africa's intransigence,
Strongly condemning South Africa for its persistent and
arrogant defiance of the resolutions and decisions of the
United Nations,
Decides to hold a special session on the question of
Namibia before its forty-first session, on a date to be determined
by the Secretary-General in consultation with the
United Nations Council for Namibia.
I I 5th plenary meeting
13 December 1985
40/168. The situation in the Middle East
A
The General Assembly,
Having discussed the item entitled "The situation in the
Middle East",
Reaffirming its resolutions 36/226 A and B of 1 7
December 1981, ES-9/1 o f 5 February 1982, 37/123 F of
20 December 1982, 38/58 A to E of 13 December 1983,
38/180 A to D of 19 December 1983 and 39/146 A to C of
14 December 1984,
Recalling Security Council resolutions 425 ( 1978) of 19
March 1978, 497 (1981) of 17 December 1981, 508 (1982)
of 5 June 1982, 509 (1982) of 6 June 1982, 511 ( 1982) of
18 June 1982, 512 (1982) of 19 June 1982, 513 (1982) of 4
July 1982, 5 15 (1982) of 29 July 1982, 516 (1982) of l
August 1982, 517 ( 1982) of 4 August 1982, 518 ( 1982) of
12 August 1982, 519 ( 1982 ) of 17 August 1982, 520 ( 1 982)
of 1 7 September 198 2, 521 (1982) of 19 September 1982
and 555 (1984) of 12 October 1984,
Taking note of t he reports of the Secretary-General of 11
March 1985,80 24 September 1985 102 and 22 October
1985,81
HP EXHIBIT 166
1485
58 General Assembly-- ·fiortieth Session
Reaffirming the need for continued collective support
for the resolutions adopted by the Twelfth Arab Summit
Conference, held at Fez, Morocco, on 25 November 1981
and from 6 to 9 September 1982, i<n reiterating its previous
resolutions regarding the Palestirnan question and its support
for the Palestine Liberation Organization as the sole,
legitimate representative of the Palestinian people, and
considering that the convening of an International Peace
Conference on the Middle East, under the auspices of the
United Nations, in accordance with General Assembly resolution
38/58 C and other relevant resolutions related to
the question of Palestine, would contribute to the promotion
of peace in the region,
Welcoming all efforts contributing towards the realization
of the inalienable rights of the Palestinian people
through the achievement of a comprehensive, just and
lasting peace in the Middle East, in accordance with the
United Nations resolutions relating to the question of
Palestine and to the situation in the Middle East,
Welcoming the world-wide support extended to the just
cause of the Palestinian people and the other Arab
countries in their struggle against Israeli aggression and
occupation in order to achieve a comprehensive, just and
lasting peace in the Middle East and the full exercise by the
Palestinian people of its inalienable national rights, as
affirmed by previous resolutions of the General Assembly
relating to the question of Palestine and to the situation in
the Middle East,
Gravely concerned that the Palestinian and other Arab
territories occupied since l 96 7, including Jerusalem, still
remain under Israeli occupatiPn, that the relevant resolutions
of the United Nations have not been implemented
and that the Palestinian people is still denied the restoration
of its land and the exercise of its inalienable national
rights in conformity with international law, as reaffirmed
by resolutions of the United Nations,
Reaffirming the applicability of the Geneva Convention
relative to the Protection of Civilian Persons in Time of
War, of 12 August 1949, 104 to all the occupied Palestinian
and other Arab territories, including Jerusalem,
Reaffirming also all relevant United Nations resolutions
which stipulate that the acquisition of territory by force is
inadmissible under the Charter of the United Nations and
the principles of international la" nd that Israel must
withdraw unconditionally from ai ,he Palestinian and
other Arab territories occupied by L .... el since 1967, including
Jerusalem,
Reaffirming further the imperative necessity of establishing
a comprehensive, just and lasting peace in the
region, based on full respect for the Charter and the principles
of international law,
Gravely concerned also at the continuing Israeli policies
involving the escalation and expansion of the conflict in
the region, which further violate the principles of international
law and endanger international peace and security,
Stressing once again the great importance of the time
factor in the endeavours to achieve an early comprehensive,
just and lasting peace in the Middle East,
I. Reaffirms its conviction that the question of Palestine
is the core of the conflict in the Middle East and that
no comprehensive, just and lasting peace in the region will
be achieved without the full exercise by the Palestinian
people of its inalienable national rights and the immediate,
unconditional and total withdrawal of Israel from all the
Palestinian and other occupied Arab territories;
IOJ See N37/696-S/l 5510. anne,
I04 United Nations. Treaty Serie,. vol 7, No 971. p 287
2. Reaffirms further that a just and comprehensive settlement
of the situation in the Middle East cannot be
achieved without the participation on an equal footing of
all the parties to the co:1/lwt, including the Palestine Liberation
Organization, the representative of the Palestinian
people;
3. Declares once more that peace in the Middle East is
indivisible and must be based on a comprehensive, just
and lasting solution of the Middle East problem, under the
auspices and on the basis of the relevant resolutions of the
United Nations, which ensures the complete and unconditional
withdrawal of Israel from the Palestinian and other
Arab territories occupied since 1967, including Jemsalem,
and which enables the Palestinian people, under the
leadership of the Palestine Liberation Organization, to
exercise its inalienable rights, including the right to return
and the right to self-determination, national independence
and the establishment of its independent sovereign State in
Palestine, in accordance with the resolutions of the United
Nations relevant to the question of Palestine, in particular
General Assembly resolutions ES-7 /2 of 29 July 1980, 36/
120 A to F of 10 December 1981, 37/86 A to D of 10
December 1982, 3 7 /86 E of 20 December 1982, 38/58 A
to E of 13 December 1983 and 39/49 A to D of 11 December
1984;
4. Considers the Arab Peace Plan adopted unanimously
at the Twelfth Arab Summit Conference, held at
Fez, Morocco, on 25 November 1981 and from 6 to 9 September
1982, 103 and reiterated by the Extraordinary Summit
Conference of the Arab States held at Casablanca.
Morocco, from 7 to 9 August 1985, 105 as well as relevant
efforts and action to implement the Fez Plan, as an important
contribution towards the realization of the inalienable
rights of the Palestinian people through the achievement of
a comprehensive, just and lasting peace in the Middle
East;
5. Condemns Israel's continued occupation of the
Palestinian and other Arab territories, including Jerusalem,
in violation of the Charter of the United Nations, the
principles of international 1. w and the relevant resolutions
of the United Nations, .. id demands the immediate,
unconditional and total withdrawal of Israel from all the
territories occupied since 1967;
6. Rejects all agreements and arrangements which violate
the inalienable rights of the Palestinian people and
contradict the principles of a just and comprehensive solution
to the Middle East problem to ensure the establishment
of a just peace in the area;
7. Deplores Israel's failure to comply with Security
Council resolutions 476 (1980) of 30 June 1980 and 478
( 1980) of 20 August 1980 and General Assembly resolutions
3 5/207 of 16 December 1980 and 36/226 A and 8 of
17 December 1981; determines that Israel's decision to
annex Jerusalem and to declare it as its "capital" as well as
the measures to alter its physical character, demographic
composition, institutional structure and status are null and
void and demands that they be rescinded immediately;
and calls upon all Member States, the specialized agencies
and all other international organizations to abide by the
present resolution and all other relevant resolutions and
decisions;
8. Condemns Israel's aggression, policies and practices
against the Palestinian people in the occupied Palestinian
territories and outside these territories, including expropriation,
the establishment of settlements, annexation and
other terrorist, aggressive and repressive measures, which
I05 Sec A/40 ''64 and Corr ! . anrw,
HP EXHIBIT 166
1486
II. Resolutions adopted without reference to a Main Committee 59
are in violation of the Charter and the principles of international
law and the relevant international conventions;
9. Strongly condemns the imposition by Israel of its
laws, jurisdiction and administration on the occupied
Syrian Golan Heights, its annexationist policies and practices,
the establishment of settlements, the confiscation of
lands, the diversion of water resources and the imposition
of Israeli citizenship on Syrian nationals, and declares that
all these measures are null and void and constitute a violation
of the rules and principles of international law relative
to belligerent occupation, in particular the Geneva Convention
relative to the Protection of Civilian Persons in
Time of War, of 12 August 1949;
IO. Considers that the agreements on strategic co-operation
between the United States of America and Israel,
signed on 30 November 1981, and the continued supply of
modern arms and materiel to Israel, augmented by substantial
economic aid, including the recently concluded
Agreement on the Establishment of a Free Trade Area
between the two Governments, have encouraged Israel to
pursue its aggressive and expansionist policies and practices
in the Palestinian and other Arab territories occupied
since 1967, including Jerusalem, have had adverse effects
on efforts for the establishment of a comprehensive, just
and lasting peace in the Middle East and threaten the security
of the region;
l l . Calls once more upon all States to put an end to the
flow to Israel of any military, economic, financial and
technological aid, as well as of human resources, aimed at
encouraging it to pursue its aggressive policies against the
Arab countries and the Palestinian people;
12. Strongly condemns the continuing and increasing
collaboration between Israel and the racist regime of South
Africa, especially in the economic, military and nuclear
fields, which constitutes a hostile act against the African
and Arab States and enables Israel to enhance its nuclear
capabilities, thus subjecting the States of the region to
nuclear blackmail;
13. Reaffirms its call for the convening of an International
Peace Conference on the Middle East under the auspices
of the United Nations and on the basis of its relevant
resolutions - as specified in paragraph 5 of the Geneva
Declaration on Palestine106 and endorsed by General
Assembly resolution 38/58 C of 13 December 1983;
14. Requests the Secretary-General to report to the
Security Council periodically on the development of the
situation and to submit to the General Assembly at its
forty-first session a comprehensive report covering the
developments in the Middle East in all their aspects.
B
The General Assembly,
1 18th plenary meeting
16 December 1985
Having discussed the item entitled "The situation in the
Middle East",
Taking note of the report of the Secretary-General of 22
October 1985,81
Recalling Security Council resolution 497 ( 198 1) of 1 7
December 1981,
Reaffirming its resolutions 36/226 B of 17 December
1981, ES-9/1 of 5 February 1982, 37/ 123 A of 16 Decem-
I06 Report of the International Conference on the Question of Palestine,
Geneva, 29 August-7 September 1983 (United Nations publication, Sales No.
E.83.1.21 ), chap. I. sect. A.
her 1982, 38/180 A of 19 December 1983 and 39/ 146 B of
14 December 1984,
Recalling its resolution 3314 (XXIX) of 14 December
1974, in which it defined an act of aggression, inter alia, as
"the invasion or attack by the armed forces of a State of
the territory of another State, or any military occupation,
however temporary, resulting from such invasion or
attack, or any annexation by the use of force of the territory
of another State or part thereof' and provided that
"no consideration of whatever nature, whether political,
economic, military or otherwise, may serve as a justificaton
for aggression",
Reaffirming the fundamental principle of the inadmissibility
of the acquisition of territory by force,
Reaffirming once more the applicability of the Geneva
Convention relative to the Protection of Civilian Persons
in Time of War, of 12 August 1949,104 to the occupied
Palestinian and other Arab territories, including Jerusalem,
Noting that Israel's record, policies and actions establish
conclusively that it is not a peace-loving Member State
and that it has not carried out its obligations under the
Charter of the United Nations,
Noting further that Israel has refused, in violation of
Article 25 of the Charter, to accept and carry out the
numerous relevant decisions of the Security Council, in
particular resolution 497 ( 1981 ), thus failing to carry out
its obligations under the Charter,
1. Strongly condemns Israel for its failure to comply
with Security Council resolution 497 (1981) and General
Assembly resolutions 36/226 B, ES-9/1, 37/123 A, 38/180
A and 39/146 B;
2. Declares once more that Israel's continued occupation
of the Golan Heights and its decision of 14 December
1981 to impose its laws, jurisdiction and administration
on the occupied Syrian Golan Heights constitute an act of
aggression under the provisions of Article 39 of the Charter
of the United Nations and General Assembly resolution
3314 (XXIX);
3. Declares once more that Israel's decision to impose
its laws, jurisdiction and administration on the occupied
Syrian Golan Heights is illegal and therefore null and void
and has no validity whatsoever;
4. Declares all Israeli policies and practices of, or
aimed at, annexation of the occupied Palestinian and other
Arab territories, including Jerusalem, to be illegal and in
violation of international law and of the relevant United
Nations resolutions;
5. Determines once more that all actions taken by
Israel to give effect to its decision relating to the occupied
Syrian Golan Heights are illegal and invalid and shall not
be recognized;
6. Reaffirms its determination that all relevant provisions
of the Regulations annexed to the Hague Convention
IV of 1907, 107 and the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12
August 1949, continue to apply to the Syrian territory
occupied by Israel since I 96 7, and calls upon the parties
thereto to respect and ensure respect for their obligations
under these instruments in all circumstances;
7. Determines once more that the continued occupation
of the Syrian Golan Heights since 196 7 and their
annexation by Israel on 14 December 1981, following
Israel's decision to impose its laws, jurisdiction and
107 Carnegie Endowment for lntemat1onal Peace, The lfagu,, Com·cnllons
and Declarations of /899 and JV07 (New York, Oxford University Press.
1915), p. 100.
HP EXHIBIT 166
1487
60 -----G-ene-ral- As-se-mb-'-ly--Fo-rti-eth- Se-ssi-on -------------·-·--- ·- -··--
administorn tahtatiteor n rictonorstyi,t cutonet ai nuing
thretaoit n ternnaatlpeia ocae nds ecurity;
8. Strongly deplores thne egativovte eb ya pe rmanent
membero ft heS ecuritCyo unciwlh ich preventtheed
Councfroiml a dopting aIgasrianusntedle r,C h aptero VfI I
the Chartterhe, " appropmreaisaurteres" efe rrtedoi rn esoluti497o
n( 1 981)un animousaldyo ptbed yt heC ouncil;
9. Further deplores anyp oliteiccoanlom, ificn,a ncial,
milaryi atntd echnologsiupcpoarttl o I sratehlaen tc ouragesI
sraetloc ommiatco tfas ggressiaonn td oc onsolidate
anped rpetuaittoec s cupataindao nn nxe atoifoo cn cupied
Aratbe rritories;
10.Fir mly emphasizes once more itdes mantd hat
Israelt,h eo ccupyiPnogw err,es cifonrd thwitilhsl egal
decisiofo1n 4D ecemb1e9r81 toi mposie tlasw sj, urisdictioann
ad dministorna ttiheSo ny riaGonl aHn eights,
,h.i crhe sultietnd h eff ectiavnen exatofit ohnat ter ritory;
11. Reaffirms once more the overrindeicnegs siotfty he
totaanludn conditional wbiyI tsrhdafrroemal aw altllh e
Palestainndo tihaeArnr atber ritories iocnc19eu6 p 7i, ed
inclJudeirunsag lwemhi,c iha s ness entiparler equifsiort e
thees tablishomfean ct o mprehensiavnedj uspte aictne he
MiddlEaes t;
12.D etermines once more thaItsr arelec'osrp odl, icies
anad ctions confiitnsr mot ta ph eaatc e-lMoveimbnge r
Statte,ha ithta spe rsistevnitollya tthep dr incicplones
tainetd ihe nC hartaenrdt haithta sc aroriutend e ithiert s
obliognatsu indert heC hartneorri tcso mmitmuenndter
General Assemblry esolut27i3o(n I )oI f1I 1M ay1 949;
13.C alls once more upon alMlem ber Stattoa epsp ly
thfoe llowimnge asures:
(aT)o r efrafrion msu pplyiIngs rawiel tahn yw eapons
and releqauitmpeden ta ntd osu spenda nym iliatassiry stancte
haItasr elr eceifrvoems them;
(bT)o r efrafirn oamc qruiinga nyw eaponso rm ilitary
equipmenfrtom Israel;
(cT)o s uspende conomificn,a ncaindta elc hnological
assistantcoae ncd o-operawtiitIhos nr ael;
(d)T o severd iplomattriaacdne,d c ultrurelaalt ions
witIhs rael;
14.R eiterates its call toa lMlem beSrt attoce s ease
forthwiitnhd,i vidauanlcd loly lectaildevlael liy,n wgsi th
Israienolr dert otatloily soliaitna e lfil elds:
15. Urges non-membSetrat toea s citna ccordance
witthh ep rovisioofnt sh ep resenrtes olution;
16. Calls upon thsepe cialaigeznecd iaensdo theirn ternational
orgtaonc ioznafotritmoh neisr rel atwiiotnsh
Iasretlo t het ermofs t hep resenrte solution;
17.R equests theS ecretary-tGor enepeortatotl h e
GenerAasslem blay ti tfso yr-tfistrs essionon thei mplementatoifto
nhep resenrte soultion.
C
The General Assembly,
I 18th plenary meeting
16 December 1 985
Recalling itrse solut3i6o1/2n0 sE of10 D ecembe18r91 ,
37/12C3 of16 Decembe1r98 2, 38/1C80o f 19 December
1983a nd3 9/146C of1 4 Decembe1r98 4, inw hicih t
determintedh aatll elgi stlaiavned a dministmreaatsive
uresa nda ctitoansk beny Isratelheo ,c cupyiPnog wer,
whichah da ltoerpe udr portteoad ltehrec haraacndt er
statofuts heH olCyi tofy J eursalemi,np a rtitchueso lar
cal"lBeda Lsiacwo "n J eursalaemn td hpe roclamation of
Jeursaleams t hec apioftI alsr aweerlen, ulaln vdo ida nd
mustbe rescinded forthwith,
Recalling SecuriCtouyn crielso lut47 i8 o(1n9 80)of 2 0
August1 980,i nwh icthh Ce ouncinitelr a,l ia, decidneodt
tor ecogntihz"ee BaLsiawc"a ndc alulpone dt hosSe tates
thahatd e stablidsihepdl omamtiissicoa nstJ eursaletmo
witdrhaswuc hm issiofnsr otm heH olCyi ty,
Having considered thre eporoftt hSe ecretaryo-fG eneral
22 Octobe19r85 ,8 1
I.De termines thaItsr ael's detcoii msipoosnie tlsa ws,
jurisdicatndai domni nistorn attheHi ooln Cyi tofyJ erusaleim
si llaegnadlt herefnoulrale n dv oida nd hans o
valiwdhiattys oever;
2. Deplores thet ransfbeys orme Staotfte sh eidirp lomatic
mitsJosi eruonsas liemvn i olaotfSi eocnu rCiotuny cirleso
lut47 i8 o(n1 98a0n)dt heirrefu satloc omplwyi th
thep rovisiofont s hartes olution;
3. Calls once again upon thoseS tatteoas bibdyet he
provisioofnts her elevaUnnti tNeda tiroensosl utionn s,
conformityt whieC htahr toefrt heU nitNead tions;
4. Requests thSe ecrye-taGrenertaor !epo rttot hGe eneraAslse
mblay itt fso rty-fseissirostno n thei mplementatioofnt
hep resenrtes olution.
I 18th plenary meeting
16 December 1985
40/237. Review of the efficiency of the administrative
and financial functioning of the United
Nations
The General Assembly.
Recalling thep urposes andp rinciofptl heeCs harteorf
theU nitNeda tions,
Recognizing thatthOe rganizaitbs iaosneod n t hpe rincipolfte
heso vereiegqnu aliofta yli ltM se mbers,
Mindful oft hev itralolo fe t heU nitNaedt imon ts he
maintenoafin cnte ernatpeiaocnaean dsl e curaindti ynt he
promotiond eovfelo pmenta nid nternatcio-onoapel ration,
Convinced thatthei mprovemeonftt hef ficioefntc hye
administarnadfi tniavne cfuinaclt ioofnit nhgeU nited
Naticoonuls hdel pi toa tttahiep unr poses andi mplement
hep rincipolfets heC harter,
Considering theu nanimousus pportfo rt heU nited
Natieoxnprs,es sebd yH eados fS taortG eo vernmento r
theisperc ienavloy sa ndb yt hre epresentaotfMi evmebes r
Statduersi ngt hce ommemoratofit ohnef ortieth anniversaryo
ft heU nitNeda tions,
Noting thaatl l partsitcriesspteadh nnet eeds top romote
confidenictn e hUe nitNeda tiaonnedns hancteh pe olitical
wiloflM e mber Statteors endemro rep ositisuvpep ortto
theO rganization,
Reaffirming then ecessiofts eyc uriinntg , hee mploymento
ft heS ecretstaar,ff itaheht i hgestst andaorfdeffi s cienccoym,
petenacne id ntegrainttd yh, ei mportaonfce
recruitthiset anffgb aseodn t hpe rincoifepq luie tagbeole
graphicdiastlr ibution.
Noting with appreciation thee ffortofs t heS ecretaryGeneraalst
, hec hiaefdm inistorffiacteorift v eh eO rganizatitonoi
, mprotveh ee fficienacnyde fecfteniesvs oft he
Secretariat,
Bearing in mind thew orkof t her eleva5nustib dairv
organosf t heG enerAassle mbly,
Taking full}' mto account thve iewesx pressedd uritnheg
fortieth session,
I. Expresses its conviction thaatno verlailn crieans e
t>fficiwenoculy dfu rtehnerha ncthe ce apaocfti htle ly n ited
HP EXHIBIT 166
1488
11. Resolutions adopted without reference to a Main Committee 53
Taking note, in particular, of the information contained
in paragraphs 102 to 111 of that report,
Recalling its resolution 40/96 C of 12 December 1985,
Convinced that the world-wide dissemination of accurate
and comprehensive information and the role of nongovernmental
organizations and institutions remain of vital
importance in heightening awareness of and support
for the inalienable rights of the Palestinian people to selfdetermination
and to the establishment of an independent
sovereign Palestinian State,
l. Takes note with appreciation of the action taken by
the Department of Public Information of the Secretariat in
compliance with General Assembly resolution 40/96 C,
2. Requests the Department of Public Information, in
full co-operation and co-ordination with the Committee
on the Exercise of the Inalienable Rights of the Palestinian
People, to continue its special information programme on
the question of Palestine for the biennium 1986-1987 and.
in particular:
(a) To disseminate information on all the activities of
the United Nations system relating to the question of
Palestine;
(b) To continue to update publications on the facts and
developments pertaining to the question of Palestine;
(c) To publish brochures and booklets on the various
aspects of the question of Palestine, including Israeli violations
of the human rights of the Arab inhabitants of the
occupied territories;
(d) To expand its audio-visual material on the question
of Palestine, including the production of a new film in
1987 and special series of radio programmes and television
broadcasts;
(e) To organize fact-finding news missions to the area
for journalists;
(j) To organize regional and national encounters for
journalists.
D
The General Assembly,
93rd plenary meeting
2 December 1986
Recalling its resolutions 38/58 C of 13 December 1983,
39/49 D of 11 December 1984 and 40/96 D of 12 December
1985, in which it, inter alia, endorsed the call for convening
the International Peace Conference on the Middle
East,
Recalling also the relevant resolutions of the Security
Council,
Reaffirming its resolutions 39/49 D and 40/96 D, in
which it, inter alia, requested the Secretary-General, in
consultation with the Security Council, to continue his efforts
with a view to convening the Conference,
Having considered the report of the Secretary-General of
14 March 1986, in which he, inter alia, stated that "the obstacles
which have so far prevented the convening of the
International Peace Conference on the Middle East as
called for by the General Assembly still exist",99 and his
report of 29 October 1986, too
99 A/41/215-S/l7916. For the printed text, see Official Records of the
Security Council, Forty-first Year. Supplement for January, February and
March 1986, document S/17916.
JOO A/41/768-S/18427. For the printed text, see Official Records of the
Security Council, Forty-first Year. Supplem􀁕nt for October, November
and December 1986, document S/18427.
Expressing its regret that, owing to the negative attitude
of some Member States, the difficulties regarding the convening
of the Conference "have remained essentially the
same",101 and expressing its hope that those Member
States will reconsider their attitude,
Having heard the constructive statements made by numerous
representatives, including that of the Palestine
Liberation Organization,
Emphasizing the need to bring about a just and comprehensive
settlement to the Arab-Israeli conflict which has
persisted for nearly four decades,
Recognizing that the persistence of the Arab-Israeli conflict
in the Middle East constitutes a threat to security and
stability in the region and to world peace, and therefore directly
involves the responsibility of the United Nations,
Stressing its conviction that the convening of the Conference
will constitute a major contribution by the United
Nations towards the realization of a just solution to the
question of Palestine conducive to the achievement of a
comprehensive, just and lasting solution to the ArabIsraeli
conflict,
Appreciating the concern about the exacerbating situation
in the Middle East as voiced in a great many statements
during the general debate at the current session and
at previous sessions,
l. Takes note with appreciation of the reports of the
Secretary-General;
2. Determines that the question of Palestine is the core
of the Arab-Israeli conflict in the Middle East;
3. Reaffirm!> once again its endorsement of the call for
convening the International Peace Conference on the
Middle East in conformity with the provisions of the resolution
38/58 C;
4. Stresses the urgent need for additional concrete and
constructive efforts by all Governments in order to convene
the Conference without further delay;
5. Endorses the call for setting up a preparatory committee,
within the framework of the Security Council,
with the participation of the permanent members of the
Council, to take the necessary action to convene the Conference;
6. Requests the Secretary-General, in consultation
with the Security Council, to continue his efforts with a
view to convening the Conference and to report thereon to
the General Assembly not later than 15 May 1987;
7. Decides to consider at its forty-second session the report
of the Secretary-General on the implementation of
the present resolution.
93rd plenary meeting
2 December 1986
41/162. The situation in the Middle East
A
The General Assembly,
Having discussed the item entitled "The situation in the
Middle East",
Reaffirming its resolutions 36/226 A and B of
17 December 1981, ES-9/1 of 5 February 1982, 37/123 F
of 20 December 1982. 38/58 A to E of 13 December 1983,
101 Ibid .. para. JI
HP EXHIBIT 167
1489
54 General Assembly-Forty-first Session
38/180A to D of 19 December 1983, 39/146A to C of
14 December 1984 and 40/168 A to C of 16 December
1985,
Recalling Security Council resolutions 425 (1978) of 19
March 1978, 497 (1981) of 17 December 1981, 508 (1982)
of 5 June 1982, 509 (1982) of 6 June 1982, 511 ( 1982) of 18
June 1982, 512 (1982) of 19 June 1982, 513 (1982) of 4
July 1982, 515 ( 1982) of 29 July 1982, 516 (1982) of 1
August 1982, 517 (1982) of 4 August 1982, 518 (1982) of
12August 1982, 519(1982) of l 7A ugust 1982, 520(1982)
of 17 September 1982, 521 ( 1982) of 19 September 1982
and 555 (1984) of 12 October 1984,
Taking note of the reports of the Secretary-General of
14 March 1986, 9916 July 1986102 and 29 October 1986,103
Reaffirming the need for continued collective support
for the decisions adopted by the Twelfth Arab Summit
Conference, held at Fez, Morocco, on 25 November 1981
and from 6 to 9 September 1982104 reiterating its previous
resolutions regarding the Palestinian question and its support
for the Palestine Liberation Organization as the sole,
legitimate representative of the Palestinian people, and
considering that the convening of the International Peace
Conference on the Middle East, under the auspices of the
United Nations, in accordance with General Assembly
resolution 38/58 C and other relevant resolutions related
to the question of Palestine, would contribute to the promotion
of peace in the region,
Welcoming all efforts contributing towards the realization
of the inalienable rights of the Palestinian people
through the achievement of a comprehensive, just and
lasting peace in the Middle East, in accordance with the
United Nations resolutions relating to the question of
Palestine and to the situation in the Middle East,
Welcoming the world-wide support extended to the just
cause of the Palestinian people and the other Arab countries
in their struggle against Israeli aggression and occupation
in order to achieve a comprehensive, just and lasting
peace in the Middle East and the full exercise by the
Palestinian people of its inalienable national rights, as affirmed
by previous resolutions of the General Assembly
relating to the question of Palestine and to the situation in
the Middle East,
Gravely concerned that the Palestinian and other Arab
territories occupied since 196 7, including Jerusalem, still
remain under Israeli occupation, that the relevant resolutions
of the United Nations have not been implemented
and that the Palestinian people is still denied the restoration
of its land and the exercise of its inalienable national
rights in conformity with international law, as reaffirmed
by resolutions of the United Nations,
Reaffirming the applicability of the Geneva Convention
relative to the Protection of Civilian Persons in Time of
War, of 12 August 1949, 105 to all the Palestinian and other
occupied Arab territories, including Jerusalem,
Reaffirming also all relevant United Nations resolutions
which stipulate that the acquisition of territory by force is
inadmissible under the Charter of the United Nations and
the principles of international law and that Israel must
withdraw unconditionally from all the Palestinian and
other Arab territories it has occupied since 1967, including
Jerusalem,
102 A/41/453 and Add. I.
103 A/41/768-S/18427.
104 See A/37/696-S/15510, annex. For the printed text, see Official
Records of the Security Council, Thirty-seventh Year. Supplement for
October, November and December 1982, document S/15510, annnex.
105 United Nations, Treaty Series, vol. 75, No. 973, p 287.
Reaffirming further the imperative necessity of establishing
a comprehensive, just and lasting peace in the region,
based on full respect for the Charter and the principles
of international law,
Gravely concerned also at the continuing Israeli policies
involving the escalation and expansion of the conflict in
the region, which further violate the principles of international
law and endanger international peace and security.
Stressing once again the great importance of the time
factor in the endeavours to achieve an early comprehensive,
just and lasting peace in the Middle East,
1. Reaffirms its conviction that the question of Palestine
is the core of the conflict in the Middle East and that
no comprehensive, just and lasting peace in the region will
be achieved without the full exercise by the Palestinian
people of its inalienable national rights and the immediate,
unconditional and total withdrawal of Israel from all the
Palestinian and other occupied Arab territories;
2. Reaffirms further that a just and comprehensive settlement
of the situation in the Middle East cannot be
achieved without the participation on an equal footing of
all the parties to the conflict, including the Palestine Liberation
Organization, the representative of the Palestinian
people;
3. Declares once more that peace in the Middle East is
indivisible and must be based on a comprehensive, just and
lasting solution of the Middle East problem, under the
auspices of the United Nations and on the basis of its relevant
resolutions, which ensures the complete and unconditional
withdrawal of Israel from the Palestinian and
other Arab territories occupied since 1967, including
Jerusalem, and which enables the Palestinian people, under
the leadership of the Palestine Liberation Organization,
to exercise its inalienable rights, including the right
to return and the right to self-determination, national independence
and the establishment of its independent sovereign
State in Palestine, in accordance with the resolutions
of the United Nations relating to the question of
Palestine, in particular General Assembly resolutions
ES-7/2 of 29 July 1980, 36/120 A to F of 10 December
1981, 37/86 A to D of 10 December 1982, 37/86 E of
20 December 1982, 38/58 A to E of 13 December 1983,
39/49 A to D of 11 December 1984 and 40/96 A to D of
12 December 1985;
4. Considers the Arab Peace Plan adopted unanimously
at the Twelfth Arab Summit Conference, held at
Fez, Morocco, on 25 November 1981 and from 6 to 9 September
1982, 104 and reiterated by the Extraordinary Summit
Conference of the Arab States held at Casablanca,
Morocco, from 7 to 9 August 1985, 106 as well as relevant
efforts and action to implement the Fez plan, as an important
contribution towards the realization of the inalienable
rights of the Palestinian people through the achievement
of a comprehensive, just and lasting peace in the Middle
East;
5. Condemns Israel's continued occupation of the
Palestinian and other Arab territories, including Jerusalem,
in violation of the Charter of the United Nations, the
principles of international law and the relevant resolutions
of the United Nations, and demands the immediate, unconditional
and total withdrawal of Israel from all the territories
occupied since 1967;
6. Rejects all agreements and arrangements which violate
the inalienable rights of the Palestinian people and
contradict the principles of a just and comprehensive solu-
106 See A/40/564 and Corr. I. annex.
HP EXHIBIT 167
1490
II. Resolutions adopted without reference to a Main Committee 55
tion to the Middle East problem to ensure the establishment
of a just peace in the area;
7. Deplores Israel's failure to comply with Security
Council resolutions 476 ( 1980) of 30 June 1980 and 478
(1980) of 20 August 1980 and General Assembly resolutions
35/207 of 16 December 1980 and 36/226 A and B of
17 December 1981; determines that Israel's decision to annex
Jerusalem and to declare it as its "capital" as well as
the measures to alter its physical character, demographic
composition, institutional structure and status are null
and void and demands that they be rescinded immediately;
and calls upon all Member States, the specialized
agencies and all other international organizations to abide
by the present resolution and all other relevant resolutions
and decisions;
8. Condemns Israel's aggression, policies and practices
against the Palestinian people in the occupied Palestinian
territories and outside these territories, including expropriation,
establishment of settlements, annexation and
other terrorist, aggressive and repressive measures, which
are in violation of the Charter and the principles of international
law and the relevant international conventions;
9. Strongly condemns the imposition by Israel of its
laws, jurisdiction and administration on the occupied
Syrian Golan Heights, its annexationist policies and practices,
the establishment of settlements, the confiscation of
lands, the diversion of water resources and the imposition
of Israeli citizenship on Syrian nationals, and declares that
all these measures are null and void and constitute a violation
of the rules and principles of international law relative
to belligerent occupation, in particular the Geneva Convention
relative to the Protection of Civilian Persons in
Time of War, of 12 August 1949;
I 0. Considers that the agreements on strategic cooperation
between the United States of America and Israel,
signed on 30 November 1981, and the continued supply
of modern arms and materiel to Israel, augmented by
substantial economic aid, including the recently concluded
Agreement on the Establishment of a Free Trade
Area between the two Governments, have encouraged Israel
to pursue its aggressive and expansionist policies and
practices in the Palestinian and other Arab territories occupied
since 1967, including Jerusalem, and have had adverse
effects on efforts for the establishment of a comprehensive,
j ust and lasting peace in the Middle East and pose
a threat to the security of the region;
11. Calls once more upon all States to put an end to the
flow to Israel of any military, economic, financial and
technological aid, as well as of human resources, aimed at
encouraging it to pursue its aggressive policies against the
Arab countries and the Palestinian people;
12. Strongly condemns the continuing and increasing
collaboration between Israel and the racist regime of
South Africa, especially in the economic, military and nuclear
fields, which constitutes a hostile act against the
African and Arab States and enables Israel to enhance its
nuclear capabilities, thus subjecting the States of the region
to nuclear blackmail;
13. Reaffirms its call for the convening of the International
Peace Conference on the Middle East, under the
auspices of the United Nations and on the basis of its relevant
resolutions, as specified in paragraph 5 of the Geneva
Declaration on Palestine107 and endorsed by the General
Assembly in its resolution 38/58 C of 13 December 1983;
107 Report of the International Conference on the Question of Palestine.
Geneva. 29 August-7 September 1983 (United Nations publication, Sales
No. E.83.1.21), chap. I, sect. A.
14. Endorses the call for setting up a preparatory committee,
within the framework of the Security Council,
with the participation of the permanent members of the
Council, to take the necessary action to convene the Conference;
15. Requests the Secretary-General to report to the
Security Council periodically on the development of the
situation and to submit to the General Assembly at its
forty-second session a comprehensive report covering the
developments in the Middle East in all their aspects.
B
The General Assembly,
97th plenary meeting
4 December 1986
Having discussed the item entitled "The situation in the
Middle East",
Taking note of the report of the Secretary-General of
29 October 1986,1 03
Recalling Security Council resolution 497 ( 1981) of
17 December 198 1,
Reaffirming its resolutions 36/226 B of 17 December
1981, ES-9/1 of 5 February 1982, 37/ 123 A of 16 December
1982, 38/180 A of 19 December 1983, 39/146 B of
14 December 1984 and 40/168 B of 16 December 1985,
Recalling its resolution 3314 (XXIX) of 14 December
1974, in which it defined an act of aggression, inter alia, as
"the invasion or attack by the armed forces of a State of
the territory of another State, or any military occupation,
however temporary, resulting from such invasion or attack,
or any annexation by the use of force of the territory
of another State or part thererof' and provided that "no
consideration of whatever nature, whether political, economic,
military or otherwise, may serve as a justification
for aggression",
Reaffirming the fundamental principles of the inadmissibility
of the acquisition of territory by force,
Reaffirming once more the applicability of the Geneva
Convention relative to the Protection of Civilian Persons
in Time of War, of 12 August 1949,105 to the Palestinian
and other occupied Arab territories, including Jerusalem,
Noting that Israel's record, policies and actions establish
conclusively that it is not a peace-loving Member State
and that it has not carried out its obligations under the
Charter of the United Nations,
Noting further that Israel has refused, in violation of Article
25 of the Charter, to accept and carry out the numerous
relevant decisions of the Security Council, in particular
resolution 497 ( 198 1 ), thus failing to carry out its
obligations under the Charter,
1. Strongly condemns Israel for its failure to comply
with Security Council resolution 497 (1981) and General
Assembly resolutions 36/226 B, ES-9/1, 37/123 A,
38/180 A, 39/146 B and 40/168 B;
2. Declares once more that Israel's continued occupation
of the Golan Heights and its decision of 14 December
198 1 to impose its laws, jurisdiction and administration on
the occupied Syrian Golan Heights constitute an act of aggression
under the provisions of Article 39 of the Charter
of the United Nations and General Assembly resolution
3314 (XXIX);
3. Declares once more that Israel's decision to impose
its laws, jurisdiction and administration on the occupied
HP EXHIBIT 167
1491
56 General Assembly-Forty-first Session
Syrian Golan Heights is illegal and therefore null and void
and has no validity whatsoever;
4. Declares all Israeli policies and practices of, or
aimed at, annexation of the Palestinian and other occupied
Arab territories, including Jerusalem, to be illegal and in
violation of international law and of the relevant United
Nations resolutions;
5. Determines once more that all actions taken by Israel
to give effect to its decision relating to the occupied
Syrian Golan Heights are illegal and invalid and shall not
be recognized;
6. Reaffirms its determination that all relevant provisions
of the Regulations annexed to the Hague Convention
IV of 1907,108 and the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of
12 August 1949, continue to apply to the Syrian territory
occupied by Israel since 1967, and calls upon the parties
thereto to respect and ensure respect for their obligations
under these instruments in all circumstances;
. 7. Determines once more that the continued occupation
of the Syrian Golan Heights since 1967 and their annexation
by Israel on 14 December 1981, following Israel's
decision to impose its laws, jurisdiction and
administration on that territory, constitute a continuing
threat to international peace and security;
8. Strongly deplores the negative vote by a permanent
member of the Security Council which prevented the
Council from adopting against Israel, under Chapter VII
of the Charter, the "appropriate measures" referred to in
resolution 497 (1981) unanimously adopted by the Council;
?·. Further deplores any political, economic, financial,
m1htary and technological support to Israel that encourages
Israel to commit acts of aggression and to consolidate
and perpetuate its occupation and annexation of occupied
Arab territories;
10. Firmly emphasizes once more its demand that Israel
, _the occupying Power, rescind forthwith its illegal
􀅶ec1s1on of 14 December 198 1 to impose its laws, jurisdict10n
and administration on the Syrian Golan Heights,
which resulted in the effective annexation of that territory;
11. Reaffirms once more the overriding necessity of the
total and unconditional withdrawal by Israel from all the
Palestinian and other Arab territories occupied since
1_967, including Je􀅷usalem, which is an essential prerequisite
for the establishment of a comprehensive and just
peace in the Middle East;
12. petermines once 􀅺o􀅻e that Israel's record, policies
and actions confirm that 1t 1s not a peace-loving Member
St􀅸te, 􀅹hat it has persistently violated the principles contamed
m the Charter and that it has carried out neither its
obligations under the Charter nor its commitment under
General Assembly resolution 273 (III) of 11 May 1949;
13. Calls once more upon all Member States to apply
the following measures:
(a) To refrai_n from supplying Israel with any weapons
and related equipment and to suspend any military assistance
that Israel receives from them;
(b) To refrain from acquiring any weapons or military
equipment from Israel;
( c) To suspend economic, financial and technological
assistance to and co-operation with Israel;
108 Carnegie Endowment for International Peace, The Hague
Conventions and Declarations of 1899 and 1907 (New York Oxford
University Press, 1915), p. 100.
'
(d) To sever diplomatic, trade and cultural relations
with Israel;
14. Reiterates its call to all Member States to cease
forthwith, individually and collectively, all dealings with
Israel in order totally to isolate it in all fields;
15. Urges non-member States to act in accordance
with the provisions of the present resolution;
16. Calls upon the specialized agencies and other international
organizations to conform their relations with Israel
to the terms of the present resolution;
1 1. Requests the Secretary-General to report to the
General Assembly at its forty-second session on the implementation
of the present resolution.
C
The General Assembly,
97th plenary meeting
4 December 1986
Recalling its resolutions 36/120 E of 10 December 1981,
37/123 C of 16 December 1982, 38/180 C of 19 December
1983, 39/146 C of 14 December 1984 and 40/168 C of 16
December 1985, in which it determined that all legislative
and administrative measures and actions taken by Israel,
the occupying Power, which had altered or purported to
alter the character and status of the Holy City of Jerusalem,
in particular the so-called "Basic Law" on Jerusalem
and the proclamation of Jerusalem as the capital of Israel,
were null and void and must be rescinded forthwith,
Recalling Security Council resolution 478 (1980) of
20 August 1980, in which the Council, inter a/ia, decided
not to recognize the "Basic Law" and called upon those
States that had established diplomatic missions at Jerusalem
to withdraw such missions from the Holy City,
Having considered the report of the Secretary-General of
29 October 1986,1 03
1. Determines that Israel's decision to impose its laws,
jurisdiction and administration on the Holy City of
Jerusalem is illegal and therefore null and void and has no
validity whatsoever;
2. Deplores the transfer by some States of their diplomatic
missions to Jerusalem in violation of Security Council
resolution 478 (1980) and their refusal to comply with
the provisions of that resolution;
3. Calls once again upon those States to abide by the
provisions of the relevant United Nations resolutions, in
conformity with the Charter of the United Nations;
4. Requests the Secretary-General to report to the
General Assembly at its forty-second session on the implementation
of the present resolution.
97th plenary meeting
4 December 1986
41/212. United Nations Conference for the Promotion
of International Co-operation in the Peaceful
Uses of Nuclear Energy
A
The General Assembly,
Reaffirming the principles and provisions of its resolution
32/50 of 8 December 1977,
HP EXHIBIT 167
1492
II. Resolutions adopted without reference to a Main Committee 53
4. Reaffirms that the implementation of the Programme
of Action based on mutual commitments and
shared responsibility requires that all parties concerned
respect their commitments and discharge their responsibilities
accordingly, and in this regard reaffirms the
determination of all parties to continue to honour their
commitments under the Programme;
5. Regrets that overall net resource flows to African
countries have declined, in real terms, while their terms of
trade have worsened, export earnings from commodities
have decreased substantially and debt-servicing obligations
have risen significantly;
6. Notes with concern that some African countries are
currently net transferors of resources to certain multilateral
financial institutions;
7. Calls upon donor countries in this regard to continue
their support to multilateral financial and development
institutions to enable them to increase their resources
to African countries and to improve the
possibilities of adopting flexible and effective measures
that will assist African countries in dealing with their financial
obligations, giving due regard to the economic, social
and development needs of each country, and, in this
respect, notes that the International Monetary Fund is undertaking
a thorough examination of adjustment programmes
and their supporting arrangements, including a
comprehensive review of conditionality;
8. Calls upon the international community to intensify
its efforts to provide the necessary resource flows to African
countries and underlines the importance of increasing
urgently official development assistance to Africa, as well
as the need for all countries to work to create the terms
and conditions which would encourage the flow of nonconcessional
resources with a view to meeting the commitments
under the Programme of Action as soon as possible,
with the aim of making progress towards this end by the
mid-term review of the Programme of Action in 1988;
9. Welcomes the use of existing subregional economic
groupings in Africa in the implementation of the Programme
of Action, and invites the donor community,
multilateral institutions and the operational bodies of the
United Nations system to provide resources for projects
and programmes identified at the subregional level in the
priority areas of the Programme;
1 0. Urges the international community, in particular
the creditor countries, to take into consideration development
and investment needs of African countries as well as
the repayment capacity of each country, its export earnings,
import requirements and external resource flows
when considering terms and conditions of debt rescheduling,
and to ensure that such terms and conditions do not
preclude the flow of additional resources;
11. Calls upon the international community to continue
its efforts, inter alia in the context of the Paris Club,
to grant adequate terms of rescheduling and other effective
debt-relief measures as appropriate to African countries
undertaking growth-oriented adjustment and reform efforts,
in particular for the poorest and the most indebted
of them retroactive terms adjustment, including converting
into grants the official development assistance loans or
taking equivalent actions having the same impact, and
also considering the possibility of applying lower interest
rates to their existing debt;
12. Appeals to the international community, in order
to deal effectively with problems in the commodity area, to
seek lasting solutions aimed at:
(a) Improving the functioning of commodity markets
and achieving stable and more predictable conditions in
commodity trade, including avoidance of excessive price
fluctuations;
(b) Adequate expansion of resources for diversification
and participation in the processing, marketing, distribution
and transportation of the commodities of African
countries;
(c) Improving market access conditions for commodities
of export interest to African countries;
(a) Promoting diversification programmes in the context
of growth-oriented structural adjustment, taking fully
into account the developmental objectives of each country
and long-term dynamic comparative advantage considerations
of all countries;
13. Calls upon the international community to extend,
as a matter of priority, humanitarian, economic and financial
assistance to the countries of southern Africa;
1 4. Decides to establish an Ad Hoc Committee of the
Whole of the General Assembly as the most appropriate
mechanism to prepare the review and the appraisal of the
Programme of Action to meet for a period of ten working
days in September 1988 prior to the forty-third session;
IS. Requests the Secretary-General, in close cooperation
with the concerned organs and organizations of
the United Nations system, to ensure the necessary preparation
of this meeting;
I 6. A [so requests the Secretary-General, in accordance
with paragraph 24 ( c) of the Programme of Action, to submit
to the General Assembly at its forty-third session a report
including concrete recommendations for a speedy
and full implementation of the Programme of Action and
taking into account provisions of this resolution, which
should be made available to the Ad Hoc Committee of the
Whole;
17. Further requests the Secretary-General of the
United Nations to continue to ensure closer co-operation
and co-ordination with the Secretary-General of the Organization
of African Unity in the implementation and
monitoring of the Programme of Action;
18. Requests the Economic and Social Council at its
organizational session of 1 988 to consider the appropriate
contributions to be submitted to the Ad Hoc Committee of
the Whole by all parties concerned and to make provisions
for proper co-ordination of the contributions;
19. Further requests the Economic and Social Council
at its first and second regular sessions of 1988 to consider,
as appropriate, the adoption of the necessary arrangements
for the meeting of the Ad Hoc Committee of the
Whole.
95th plenary meeting
8 December 1987
42/209. The situation in the Middle East
A
Th'-' Genaal Assembly,
Having discussed the item entitled "The situation in the
Middle East",
Rt.'calling its relevant resolutions on the question of
Palestine and the situation in the Middle East,
Recalling also the relevant resolutions of the Security
Council,
Rt'Cal/ing the report of the Secretary-General of
13 November l<.J87,1B
HP EXHIBIT 168
1493
54 General Assembly-f'orty-second Session
Takinnogtw ei tahp precofi thae treisoolutnio ns of the
Extraordinary Arab Summit Conference, held at Amman
from 8 to 1 1 November 1987, on the Arab-Israeli conflict
and on the International Peace Conference on the Middle
East,
Takinnogtw ei tahp precoif tahet griowoinng international
consensus in favour of convening the Conference to
resolve the Arab-Israeli conflict, of which the question of
Palestine is the core,
L Reaffiromnsca eg atihant t he convening of the International
Peace Conference on the Middle East under
the auspices of the United Nations and at the invitation of
the Secretary-General of the United Nations, with the participation
of the five permanent members of the Security
Council and all the parties to the Arab-Israeli conflict, including
the Palestine Liberation Organization, the sole
legitimate representative of the Palestinian people, on an
equal footing, is the appropriate way to a peaceful, comprehensive
and just settlement of the conflict which will
ensure the restoration of the occupied Arab territories and
the solution of the Palestinian question in all its aspects
and guarantee the realization of the inalienable national
rights of the Palestinian Arab people;
2. Calulpsoa lnl S tates that have not done so to lend
their support to the convening of the Conference;
3, Requethse tSescr etary-General, in consultation
with the Security Council, to continue his efforts with a
view to convening the Conference and to apprise the General
Assembly of the results of his consultations no later
than September 1988.
B
ThGee neArsasle ,m bly
97tphl enmaereyt ing
11D ecem1b9e8r7
Havidnigs cuthes isteme ednt itled "The situation in the
Middle East",
Reaffirmiits nrgeso lutions 3 6/226 A and B of
1 7 December 198 1 , ES-9/1 of 5 February 1982, 3 7/ 123 F
of20 December 1982, 38/58 A to E of 13 December 1983 ,
38/ 180 A to D of 19 December 1983 , 39/ 1 4 6 A to C of
1 4 December 198 4 , 4 0/ 1 68 A to C of 1 6 December 1985
and 4 1/ 1 62 A to C of 4 December 198 6,
RecalSelcuiritny gCo uncil resolutions 425 ( 19 78 ) of 19
March 19 78 , 497 ( 198 1 ) of 1 7 December 1981, 508 ( 1982)
of5June1982,509 ( 1982) of 6June 1982, 5 1 1 ( 1982) of 18
June 1982, 5 12 ( 1982) of 19 June 1982, 513 ( 1982) of 4
July 1982, 5 15 ( 1982) of 29 July 1982, 5 1 6 (1982) of I
August 1982, 5 1 7 ( 1982) of 4 August 1982, 5 18 (1982) of
12 August 1982, 5 19 (1982) of 1 7 August 1982, 520 ( 1982)
of 1 7 September 1982, 521 (1 982) of 19 September 1982
and 555 ( 198 4 ) of 12 October 198 4 ,
Takinnogtof eth e reports of the Secretary-General of
7 May 198 7,82 1 0 August 198 790 and 13 November
198 7 , 83
Reaffirmthie nneged for continued collective support
for the decisions adopted by the Twelfth Arab Summit
Conference, held at Fez, Morocco, on 25 November 198 1
and from 6 to 9 September 1982,91 reiterating its previous
90 A/42/465 and Add. I
91 See A/37/696-S/15510, annex. For the pnnted text, see Officwl
Records of the Security Council, Thirty-seventh Year, Supplement for
October, November and December /982, document S/15510, annex
resolutions on the question of Palestine and its support for
the Palestine Liberation Organization as the sole, legitimate
representative of the Palestinian people, and considering
that the convening of the International Peace Conference
on the Middle East, under the auspices of the
United Nations, in accordance with General Assembly
resolution 38/58 C and other relevant resolutions related
to the question of Palestine, would contribute to the promotion
of peace in the region,
Welcoamll ieffnorgts contributing towards the realization
of the inalienable rights of the Palestinian people
through the achievement of a comprehensive, just and
lasting peace in the Middle East, in accordance with the
United Nations resolutions relating to the question of
Palestine and to the situation in the Middle East.
Welcotmhei wnorgld- wide support extended to the ju􀈕t
cause of the Palestinian people and the other Arab countries
in their struggle against Israeli aggression and occupation
in order to achieve a comprehensive, just and lasting
peace in the Middle East and the full exercise by the
Palestinian people of its inalienable national rights, as affirmed
by previous resolutions of the General Assembly
on the question of Palestine and on the situation in the
Middle East,
Gravceolnyc ethratn thee dPa lestinian and other Arab
territories occupied since 19 67, including Jerusalem, st ill
remain under Israeli occupation, that the relevant resolutions
of the United Nations have not been implemented
and that the Palestinian people is still denied the restoration
of its land and the exercise of its inalienable national
rights in conformity with international law, as reaffirmed
by resolutions of the United Nations,
Reaffirmthie anppglic ability of the Geneva Convention
relative to the Protection of Civilian Persons in Time of
War, of 12 August 1949,44 to all the Palestinian and other
occupied Arab territories, including Jerusalem,
Reaffirmailnasllg ore l evant United Nations resolutions
which stipulate that the acquisition of territory by force is
inadmissible under the Charter of the United Nations and
the principles of international law and that Israel must
withdraw unconditionally from all the Palestinian and
other Arab territories it has occupied since 19 67. including
Jerusalem,
Reaffirmfiunrgtt hhe eimrpe rative necessity of establishing
a comprehensive, just and lasting peace in the region,
based on full respect for the Charter and the principles
of international law,
Gravceolnyc earlnaste othde continuing Israeli policies
involving the escalation and expansion of the conflict in
the region, which further violate the principles of international
law and endanger international peace and security,
Stresosnicanegg a tihen gr eat importance of the time
factor in the endeavours to achieve an early comprehensive,
just and lasting peace in the Middle East,
I. Reaffirimtcsso nvithcatt thie oqunes tion of Palestine
is the core of the conflict in the Middle East and that
no comprehensive, just and lasting peace in the region will
be achieved without the full exercise by the Palestinian
people of its inalienable national rights and the immediate,
unconditional and total withdrawal of Israel from all the
Palestinian and other occupied Arab territories;
2. Refaifrm,furatjuhst eanrd tcomhparethe nsive settlement
of the situation in the Middle East cannot be
achieved without the participation on an equal footing of
all the parties to the conflict, including the Palestine Liberation
Organization, the representative of the Palestinian
people;
HP EXHIBIT 168
1494
II. Resolutions adopted without reference to a Main Committee 55
- - - ---------- ---- --- --􀀙--
3. Declares once more that peace in the Middle East is
indivisible and must be based on a comprehensive, just and
lasting solution of the Middle East problem, under the
auspices of the United Nations and on the basis of its relevant
resolutions, which ensures the complete and unconditional
withdrawal of Israel from the Palestinian and
other Arab territories occupied since 19 6 7, including
Jerusalem, and which enables the Palestinian people, under
the leadership of the Palestine Liberation Organization,
to exercise its inalienable rights, including the right
to return and the right to self-determination, national independence
and the establishment of its independent sovereign
State in Palestine, in accordance with the resolutions
of the United Nations relating to the question of
Palestine, in particular General Assembly resolutions
ES-7/2 of 29 July 1980, 36/ 120 A to F of 10 December
198 1, 37 /8 6 A to D of 10 December 198 2, 37/8 6 E of
20 December 198 2, 38 /58 A to E of 13 December 198 3,
39 /49 A to D of 11 December 198 4, 40/9 6 A to D of
12 December 1985 and 41/ 43 A to D of 2 December 198 6;
4. Considers the Arab Peace Plan adopted unanimously
at the Twelfth Arab Summit Conference, held at
Fez, Morocco, on 25 November 1981 and from 6 to 9 September
198 2,91 and reiterated by the Extraordinary Summit
Conference of the Arab States, held at Casablanca,
Morocco, from 7 to 9 August 1985 ,92 as well as relevant
efforts and action to implement the Fez plan, as an important
contribution towards the realization of the inalienable
rights of the Palestinian people through the achievement
of a comprehensive, just and lasting peace in the Middle
East;
5 . Condemns Israel's continued occupation of the
Palestinian and other Arab territories, including Jerusalem,
in violation of the Charter of the United Nations, the
principles of international law and the relevant resolutions
of the United Nations, and demands the immediate, unconditional
and total withdrawal of Israel from all the territories
occupied since 19 67 ;
6 . Rejects all agreements and arrangements which violate
the inalienable rights of the Palestinian people and
contradict the principles of a just and comprehensive solution
to the Middle East problem to ensure the establishment
of a just peace in the area;
7. Deplores Israel's failure to comply with Security
Council resolutions 47 6 (1980) of 30 June 1980 and 478
(1980) of 20 August 1980 and General Assembly resolutions
35 /207 of 16 December 1980 and 36/226 A and B of
17 December 198 1; determines that Israel's decision to annexJ
erusalem and to declare it as its "capital" as well as
the measures to alter its physical character, demographic
composition, institutional structure and status are null
and void and demands that they be rescinded immediately;
and calls upon all Member States, the specialized
agencies and all other international organizations to abide
by the present resolution and all other relevant resolutions
and decisions;
8 . Condemns Israel's aggression, policies and practices
against the Palestinian people in the occupied Palestinian
territories and outside these territories, including expropriation,
establishment of settlements, annexation and
other terrorist, aggressive and repressive measures, which
are in violation of the Charter and the principles of international
law and the relevant international conventions;
9 . Strongly condemns the imposition by Israel of its
laws, jurisdiction and administration on the occupied
Syrian Arab Golan, its annexationist policies and prac-
92 See A/40/SM and Corr. I, annex
tices, the establishment of settlements, the confiscation of
lands, the diversion of water resources and the imposition
of Israeli citizenship on Syrian nationals, and declares that
all these measures are null and void and constitute a violation
of the rules and principles of international law relative
to belligerent occupation, in particular the Geneva Convention
relative to the Protection of Civilian Persons in
Time of War, of 12 August 19 49 ;
10. Considers that the agreements on strategic cooperation
between the United States of America and Israel,
signed on 30 November 198 1, and the continued supply
of modern arms and materiel to Israel, augmented by
substantial economic aid, including the recently concluded
Agreement on the Establishment of a Free Trade
Area between the two Governments, have encouraged Israel
to pursue its aggressive and expansionist policies and
practices in the Palestinian and other Arab territories occupied
since 19 6 7 , includingJ erusalem, and have had adverse
effects on efforts for the establishment of a comprehensive,
just and lasting peace in the Middle East and pose
a threat to the security of the region;
11. Calls once more upon all States to put an end to the
flow to Israel of any military, economic, financial and
technological aid, as well as of human resources, aimed at
encouraging it to pursue its aggressive policies against the
Arab countries and the Palestinian people;
12. Strongly condemns the continuing and increasing
collaboration between Israel and the racist regime of
South Africa, especially in the economic, military and nuclear
fields, which constitutes a hostile act against the
African and Arab States and enables Israel to enhance its
nuclear capabilities, thus subjecting the States of the region
to nuclear blackmail;
13. Reaffirms its call for the convening of the International
Peace Conference on' the Middle East, under the
auspices of the United Nations and on the basis of its relevant
resolutions, as specified in paragraph 5 of the Geneva
Declaration on Palestine93 and endorsed by the General
Assembly in its resolution 38 /58 C;
14. Endorses the call for setting up a preparatory committee,
within the framework of the Security Council,
with the participation of the permanent members of the
Council, to take the necessary action to convene the Conference;
15 . Requests the Secretary-General to report to the
Security Council periodically on the development of the
situation and to submit to the General Assemblv at its
forty-third session a comprehensive report covering the
developments in the Middle East in all their aspects.
C
The General Assembly,
97th plenary meeting
11 December 1987
Having discussed the item entitled "The situation in the
Middle East",
Taking note of the report of the Secretary-General of
13 November 198 7 ,83
Recalling Security Council resolution 49 7 ( 198 1) of
17 December 198 I,
9, Report of the Inrernutional Conference on the Question of Palestin<'.
Geneva, 29 August-7 Scptemlwr /9R3 (United Nations publication, Sales
No FK11.21), chap. I, sect A.
HP EXHIBIT 168
1495
56 General Assembly-Forty-second Session
Reaffirming its resolutions 3 6/226 B of 17 December
19 8 1, ES-9/ 1 of 5 February 19 82, 3 7/ 123 A of 16 December
19 82, 3 8/ 180 A of 19 December 19 83 , 39/ 14 6 B of
14 December 19 84 , 4 0/ 16 8 B of 16 December 19 85 and
4 1/ 162 B of 4 December 19 86,
Recalling its resolution 33 14 (XXIX) of 14 December
19 74 , in which it defined an act of aggression, inter alia, as
"the invasion or attack by the armed forces of a State of
the territory of another State, or any military occupation,
however temporary, resulting from such invasion or attack,
or any annexation by the use of force of the territory
of another State or part thereof' and provided that "no
consideration of whatever nature, whether political, economic,
military or otherwise, may serve as a justification
for aggression'',
Reaffirming the fundamental principles of the inadmissibility
of the acquisition of territory by force,
Reaffirming once more the applicability of the Geneva
Convention relative to the Protection of Civilian Persons
in Time of War, of 12 August 19 49,44 to the Palestinian
and other occupied Arab territories, includingJ erusalem,
Noting that Israel's record, policies and actions establish
conclusively that it is not a peace-loving Member State
and that it has not carried out its obligations under the
Charter of the United Nations,
Noting further that Israel has refused, in violation of Article
25 of the Charter, to accept and carry out the numerous
relevant decisions of the Security Council, in particular
resolution 497 ( 19 8 1) , thus failing to carry out its
obligations under the Charter,
1. Strongly condemns Israel for its failure to comply
with Security Council resolution 49 7 ( 19 8 1) and General
Assembly resolutions 3 6/226 B, ES-9/ 1, 3 7/ 123 A ,
3 8/ 180 A, 39/ 14 6 B, 4 0/ 16 8 B and 4 1/ 162 B;
2. Declares once more that Israel's continued occupation
of the Syrian Arab Golan and its decision of
14 December 19 8 1 to impose its laws. jurisdiction and administration
on the occupied Syrian Arab Golan constitute
an act of aggression under the provisions of Article 39
of the Charter of the United Nations and General Assembly
resolution 33 14 (XXIX);
3 . Declares once more that Israel's decision to impose
its laws, jurisdiction and administration on the occupied
Syrian Arab Golan is illegal and therefore null and void
and has no validity whatsoever;
4 . Declares all Israeli policies and practices of, or
aimed at, annexation of the Palestinian and other occupied
Arab territories, includingJ erusalem, to be illegal and in
violation of international law and of the relevant United
Nations resolutions;
5 . Determines once more that all actions taken by Israel
to give effect to its decision relating to the occupied
Syrian Arab Golan are illegal and invalid and shall not be
recognized;
6. Reaffirms its determination that all relevant provisions
of the Regulations annexed to the Hague Convention
IV of 1907,94 and the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of
12 August 194 9 , continue to apply to the Syrian territory
occupied by Israel since 19 6 7, and calls upon the parties
thereto to respect and ensure respect for their obligations
under these instruments in all circumstances;
94 Carnegie Endowment for International Peace, The Hague
Conventions and Declarations of 1899 and 1 907 (New York, Oxford
University Press, 1 9 1 5), p. 100.
7. Determines once more that the continued occupation
of the Syrian Arab Golan since 19 6 7 and its annexation
by Israel on 14 December 19 8 1, following Israel's
decision to impose its laws, jurisdiction and administration
on that territory, constitute a continuing threat to international
peace and security;
8. Strongly deplores the negative vote by a permanent
member of the Security Council which prevented the
Council from adopting against Israel, under Chapter VII
of the Charter, the "appropriate measures" referred to in
resolution 49 7 ( 19 8 1) unanimously adopted by the Council;
9 . Further deplores any political, economic, financial,
military and technological support to Israel that encourages
it to commit acts of aggression and to consolidate and
perpetuate its occupation and annexation of the occupied
Arab territories;
10. Firmly emphasizes once more its demand that Israel,
the occupying Power, rescind forthwith its illegal
decision of 14 December 19 8 1 to impose its laws, jurisdiction
and administration on the Syrian Arab Golan, which
resulted in the effective annexation of that territory;
1 1. Reaffirms once more the overriding necessity of the
total and unconditional withdrawal by Israel from all the
Palestinian and other Arab territories occupied since
19 67, includingJ erusalem, which is an essential prerequisite
for the establishment of a comprehensive and just
peace in the Middle East;
12. Determines once more that Israel's record, policies
and actions confirm that it is not a peace-loving Member
State, that it has persistently violated the principles contained
in the Charter and that it has carried out neither its
obligations under the Charter nor its commitment under
General Assembly resolution 273 (III) of 1 1 May 19 49;
13 . Calls once more upon all Member States to apply
the following measures:
(a) To refrain from supplying Israel with any weapons
and related equipment and to suspend any military assistance
that Israel receives from them;
(b) To refrain from acquiring any weapons or military
equipment from Israel;
(c) To suspend economic, financial and technological
assistance to and co-operation with Israel;
(d) To sever diplomatic, trade and cultural relations
with Israel;
14 . Reiterates its call to all Member States to cease
forthwith, individually and collectively, all dealings with
Israel in order totally to isolate it in all fields;
1 5 . Urges non-member States to act in accordance
with the provisions of the present resolution;
16. Calls upon the specialized agencies and other international
organizations to conform their relations with Israel
to the terms of the present resolution;
17. Requests the Secretary-General to report to the
General Assembly at its forty-third session on the implementation
of the present resolution.
D
The General Assembly,
97th plenary meeting
1 1 December /987
Recalling its resolutions 3 6/ 120 E of 10 December 19 8 1,
37/ 123 C of 16 December 19 82, 3 8/ 180 C of 19 Decem-
HP EXHIBIT 168
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II. Resolutions adopted without reference to a Main Committee 57
ber 1 983 , 3 9/ 1 4 6 C of 1 4 December 1 9 84 , 4 0/ 1 6 8 C of
1 6 December 1 985 and 4 1/ 1 62 C of 4 December 1 986 , in
which it determined that all legislative and administrative
measures and actions taken by Israel, the occupying
Power, which had altered or purported to alter the character
and status of the Holy City ofJ erusalem, in particular
the so-called "Basic Law" on Jerusalem and the proclamation
ofJ erusalem as the capital of Israel, were null and
void and must be rescinded forthwith,
Recalling Security Council resolution 4 7 8 ( 1 980) of
20 August 1 980, in which the Council, inter alia, decided
not to recognize the "Basic Law" and called upon those
States that had established diplomatic missions atJ erusalem
to withdraw such missions from the Holy City,
Having considered the report of the Secretary-General of
13 November 1 987,83
I. Determines that Israel's decision to impose its laws,
jurisdiction and administration on the Holy City of
Jerusalem is illegal and therefore null and void and has no
validity whatsoever;
2. Deplores the transfer by some States of their diplomatic
missions toJ erusalem in violation of Security Council
resolution 4 7 8 ( 1 980), and their refusal to comply with
the provisions of that resolution;
3 . Calls once more upon those States to abide by the
provisions of the relevant United Nations resolutions, in
conformity with the Charter of the United Nations;
4 . Requests the Secretary-General to report to the
General Assembly at its forty-third session on the implementation
of the present resolution.
97th plenary meeting
1 1 December 1987
HP EXHIBIT 168
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56 General Assembly-Forty-third Session
43/54. The situation in the Middle East
A
The General Assembly,
Having discussed the item entitled "The situation in the
Middle East",
Reaffirming its resolutions 36/226 A and B of
17 December 1981, ES-9/1 of 5 February 1982, 37 /123 F
of 20 December 1982, 38/58 A to E of 13 December 1983,
38/180 A to D of 19 December 1983, 39/146 A to C of
14 December 1984, 40/168 A to C of 16 December 1985,
41/162 A to C of 4 December 1986 and 42/209 A to D of
11 December 1987,
Recalling Security Council resolutions 425 (1978) of 19
March 1978, 497 (1981) of 17 December 1981, 508 (1982)
of 5 June 1982, 509 (1982) of 6 June 1982, 511 (1982) of 18
June 1982, 512 (1982) of 19 June 1982, 513 (1982) of 4
July 1982, 515 (1982) of 29 July 1982, 516 (1982) of 1
August 1982, 517 (1982) of 4 August 1982, 518 (1982) of
12 August 1982, 519 ( 1982) of 17 August 1982, 520 (1982)
of 17 September 1982, 521 (1982) of 19 September 1982
and 555 (1984) of 12 October 1984 and other relevant
resolutions,
Taking note of the reports of the Secretary-General of
31 March 1988,109 30 September 1988,110 11 October
1988,111 and 28 November 1988,112
Reaffirming the need for continued collective support
for the decisions adopted by the Twelfth Arab Summit
Conference, held at Fez, Morocco, on 25 November 1981
and from 6 to 9 September 1982, 113 which were confirmed
by subsequent Arab summit conferences, including the
Arab Summit Conference held at Algiers from 7 to 9 June
1988, 114 reiterating its previous resolutions on the question
of Palestine and its support for the Palestine Liberation
Organization as the sole legitimate representative of
the Palestinian people, and considering that the convening
of the International Peace Conference on the Middle East,
under the auspices of the United Nations, in accordance
with General Assembly resolution 38/58 C and other relevant
resolutions related to the question of Palestine, would
contribute to the promotion of peace in the region,
Welcoming all efforts contributing towards the realization
of the inalienable rights of the Palestinian people
through the achievement of a comprehensive, just and
lasting peace in the Middle East, in accordance with the
United Nations resolutions relating to the question of
Palestine and to the situation in the Middle East,
Welcoming the world-wide support extended to the just
cause of the Palestinian people and the other Arab countries
in their struggle against Israeli aggression and occupation
in order to achieve a comprehensive, just and lasting
peace in the Middle East and the full exercise by the
Palestinian people of its inalienable national rights, as affrmed
by previous resolutions of the General Assembly
109 A/43/272-S/19719. For the printed text, see Official Records of the
Security Council, Forty-third Year, Supplement for January, February
and March 1988, document S/19719.
110 A/43/691 S/202 I 9. For the printed text, see Official Records of the
Security Council, Forty-third Year, Supplement for July, August and
September 1988, document S/20219.
1 II A/43/683 and Add. I.
112 A/43/867-S/20294. For the printed text, see Official Records of the
Security Council, Forty-third Year, Supplement for July, August and
Sef1ember 1988, document S/20294.
13 See A/37/696-S/15510, annex. For the printed text, see Official
Records of the Security Council, Thirty-seventh Year, Supplement for
October, November and December 1982, document S/15510, annex.
114 A/43/407 S/19938, annex.
on the question of Palestine and on the situation in the
Middle East,
Gravely concerned that the Palestinian territory occupied
since 1967, including Jerusalem, and the other occupied
Arab territories still remain under Israeli occupation,
that the relevant resolutions of the United Nations
have not been implemented and that the Palestinian people
is still denied the restoration of its land and the exercise
of its inalienable national rights in conformity with international
law, as reaffirmed by resolutions of the United
Nations,
Reaffirming the applicability of the Geneva Convention
relative to the Protection of Civilian Persons in Time of
War, of 12 August 1949,47 to the Palestinian territory occupied
since 1967, including Jerusalem, and the other occupied
Arab territories,
Reaffirming also all relevant United Nations resolutions
which stipulate that the acquisition of territory by force is
inadmissible under the Charter of the United Nations and
the principles of international law and that Israel must
withdraw unconditionally from the Palestinian territory
occupied since 1967, including Jerusalem, and the other
occupied Arab territories,
Reaffirming further the imperative necessity of establishing
a comprehensive, just and lasting peace in the region,
based on full respect for the Charter and the principles
of international law,
Gravely concerned also at the continuing Israeli policies
involving the escalation and expansion of the conflict in
the region, which further violate the principles of international
law and endanger international peace and security,
Stressing once again the great importance of the time
factor in the endeavours to achieve an early comprehensive,
just and lasting peace in the Middle East,
1. Reaffirms its conviction that the question of Palestine
is the core of the conflict in the Middle East and that
no comprehensive, just and lasting peace in the region will
be achieved without the full exercise by the Palestinian
people of its inalienable national rights and the immediate,
unconditional and total withdrawal of Israel from the
Palestinian territory occupied since 1967, including
Jerusalem, and the other occupied Arab territories;
2. Reaffirms further that a just and comprehensive settlement
of the situation in the Middle East cannot be
achieved without the participation on an equal footing of
all the parties to the confict, including the Palestine Liberation
Organization, the representative of the Palestinian
people;
3. Declares once more that peace in the Middle East is
indivisible and must be based on a comprehensive,just and
lasting solution of the Middle East problem, under the
auspices of the United Nations and on the basis of its relevant
resolutions, which ensures the complete and unconditional
withdrawal of Israel from the Palestinian territory
occupied since 1967, including Jerusalem, and the other
occupied Arab territories, and which enables the Palestinian
people, under the leadership of the Palestine Liberation
Organization, to exercise its inalienable rights, including
the right to return and the right to self-determination,
national independence and the establishment of its independent
sovereign State in Palestine, in accordance with
the resolutions of the United Nations relating to the question
of Palestine, in particular General Assembly resolutions
ES-7 /2 of 29 July 1980, 36/120 A to F of 10 December
1981, 37 /86 A to D of 10 December 1982, 37 /86 E of
20 December 1982, 38/58 A to E of 13 December 1983,
39/49 A to D of 11 December 1984, 40/96 A to D of
HP EXHIBIT 169
1498
II. Resolutions adopted without reference to a Main Committee 57
12 December 1985, 41/43 A to D of 2 December 1986 and
42/66 A to D of 2 December 1987;
4. Considers the Arab Peace Plan adopted unanimously
at the Twelfth Arab Summit Conference, held at
Fez, Morocco, on 25 November 1981 and from 6 to 9 September
1982,113 and reiterated by the Extraordinary Summit
Conference of the Arab States, held at Casablanca,
Morocco, from 7 to 9 August 1985, 115 as well as relevant
efforts and action to implement the Fez plan, as an important
contribution towards the realization of the inalienable
rights of the Palestinian people through the achievement
of a comprehensive, just and lasting peace in the Middle
East;
5. Condemns Israel's continued occupation of the
Palestinian territory occupied since 1967, including
Jerusalem, and the other occupied Arab territories, in violation
of the Charter of the United Nations, the principles
of international law and the relevant resolutions of the
United Nations, and demands the immediate, unconditional
and total withdrawal of Israel from all the territories
occupied since 1967;
6. Rejects all agreements and arrangements which violate
the inalienable rights of the Palestinian people and
contradict the principles of a just and comprehensive solution
to the Middle East problem to ensure the establishment
of a just peace in the area;
7. Deplores Israel's failure to comply with Security
Council resolutions 476 (1980) of 30 June 1980 and 478
(1980) of 20 August 1980 and General Assembly resolutions
35/207 of 16 December 1980 and 36/226 A and B of
17 December 1981; determines that Israel's decision to annex
Jerusalem and to declare it as its "capital" as well as
the measures to alter its physical character, demographic
composition, institutional structure and status are null
and void and demands that they be rescinded immediately;
and calls upon all Member States, the specialized
agencies and all other international organizations to abide
by the present resolution and all other relevant resolutions
and decisions;
8. Condemns Israel's aggression, policies and practices
against the Palestinian people in the occupied Palestinian
territory and outside this territory including expropriation,
establishment of settlements, annexation and other
terrorist, aggressive and repressive measures, which are in
violation of the Charter and the principles of international
law and the relevant international conventions;
9. Strongly condemns the imposition by Israel of its
laws, jurisdiction and administration on the occupied
Syrian Arab Golan, its annexationist policies and practices,
the establishment of settlements, the confscation of
lands, the diversion of water resources and the imposition
of Israeli citizenship on Syrian nationals, and declares that
all these measures are null and void and constitute a violation
of the rules and principles of international law relative
to belligerent occupation, in particular the Geneva Convention
relative to the Protection of Civilian Persons in
Time of War, of 12 August 1949;
10. Considers that the agreements on strategic cooperation
between the United States of America and Israel,
signed on 30 November 1981, and the continued supply
of modern arms and materiel to Israel, augmented by
substantial economic aid, including the Agreement on the
Establishment of a Free Trade Area between the two Governments,
have encouraged Israel to pursue its aggressive
and expansionist policies and practices in the Palestinian
territory occupied since 1967, including Jerusalem, and
115 A/40/564 and Corr.I, annex.
the other occupied Arab territories, and have had adverse
effects on efforts for the establishment of a comprehensive,
just and lasting peace in the Middle East and pose a threat
to the security of the region;
11. Calls once more upon all States to put an end to the
flow to Israel of any military, economic, financial and
technological aid, as well as of human resources, aimed at
encouraging it to pursue its aggressive policies against the
Arab countries and the Palestinian people;
12. Strongly condemns the continuing and increasing
collaboration between Israel and the racist regime of
South Africa, especially in the economic, military and nuclear
felds, which constitutes a hostile act against the
African and Arab States and enables Israel to enhance its
nuclear capabilities, thus subjecting the States of the region
to nuclear blackmail;
13. Reaffirms its call for convening the International
Peace Conference on the Middle East, under the auspices
of the United Nations, with the participation of the five
permanent members of the Security Council and all parties
to the confict, including the Palestine Liberation Organization,
the sole legitimate representative of the Palestinian
people, on an equal footing, and that the Conference
should be effective with full authority, in order to achieve
a comprehensive and just solution based on the withdrawal
of Israel from the occupied Palestinian territory,
including Jerusalem, and the other occupied Arab territories,
and the attainment of the inalienable rights of the
Palestinian people in accordance with United Nations
resolutions relevant to the question of Palestine and the
situation in the Middle East;
14. Endorses the call for setting up a preparatory committee,
within the framework of the Security Council,
with the participation of the permanent members of the
Council, to take the necessary action to convene the Conference;
15. Requests the Secretary-General to report to the
Security Council periodically on the development of the
situation and to submit to the General Assembly at its
forty-fourth session a comprehensive report covering the
developments in the Middle East in all their aspects.
B
The General Assembly,
71 st plenary meeting
6 December I 988
Having discussed the item entitled "The situation in the
Middle East",
Taking note of the report of the Secretary-General of
28 November 1988, 112
Recalling Security Council resolution 497 ( 1981) of
17 December 1981,
Reaffirming its resolutions 36/226 B of 17 Decemb􀄓r
1981, ES-9/1 of 5 February 1982, 37/123 A of 16 December
1982, 38/180 A of 19 December 1983, 39/146 B of 14
December 1984, 40/168 B of 16 December 1985,
41/162 B of 4 December 1986 and 42/209 C of 11 December
1987,
Recalling its resolution 3314 (XXIX) of 14 December
1974, in which it defined an act of aggression, inter alia, as
"the invasion or attack by the armed forces of a State of
the territory of another State, or any military occupation,
however temporary, resulting from such invasion or attack,
or any annexation by the use of force of the territory
of another State or part thereof' and provided that "no
consideration of whatever nature, whether political, eco-
HP EXHIBIT 169
1499
58 General Assembly-Forty-third Session
nomic, military or otherwise, may serve as a justification
for aggression",
Reaffirmin g the fundamental principle of the inadmissibility
o f the acquisition of territory by force,
Reaffirming once more the applicability of the Geneva
Convention relative to the Protection of Civilian Persons
in Time of War, of 12 August 1949, 47 to the Palestinian
territory occupied since 1967, including Jerusalem, and
the other occupied Arab territories,
Noting that Israel's record, policies and actions establish
conclusively that it is not a peace-loving Member State
and that it has not carried out its obligations under the
Charter of the United Nations,
Noting also that Israel has refused, in violation of Article
25 of the Charter, to accept and carry out the numerous
relevant decisions of the Security Council, in particular
resolution 497 (1981 ), thus failing to carry out its
obligations under the Charter,
1. Strongly condemns Israel for its failure to compl y
with Security Council resolution 497 (1981) and General
Assembly resolutions 36/226 B, ES-9/1, 37/123 A,
38/180 A, 39/146 B, 40/168 B, 41/162 B and 42/209 C;
2. Declares once more that Israel's continued occupation
of the Syrian Arab Golan and its decision of
14 December 1981 to impose its laws, jurisdiction and administration
on the occupied Syrian Arab Golan constitute
an act of aggression under the provisions of Article 39
of the Charter of the United Nations and General Assembly
resolution 3314 (XXIX) ;
3. Declares once more that Israel's decision to impose
its laws, jurisdiction and administration on the occupied
Syrian Arab Golan is illegal and therefore null and void
and has no validity whatsoever;
4. Declares all Israeli policies and practices of, or
aimed at, annexation of the Palestinian territory occupied
since 1967, including Jerusalem, and of the other occupied
Arab territories, to b e illegal and in violation of international
law and of the relevant United Nations resolutions;
5. Determines once more that all actions taken b y Israel
to give effect to its decision relating to the occupied
Syrian Arab Golan are illegal and invalid and shall not be
recognized;
6. Reaffirms its d etermination that all relevant provisions
of the Regulations annexed to the Hague Convention
IV o f 1907,116 and the Geneva Convention relative to
the Protection of Civilian Persons in Time of War, of
12 August 1949, continue to apply to the Syrian territory
occupied by Israel since 1967, and calls upon the parties
thereto to respect and ensure respect for their obligations
under these instruments in all circumstances;
7. Determines once mo re that the continued occupation
of the Syrian Arab Golan since 1967 and its ann e xation
by Israel on 14 December 1981, following Israel's
decision to impose its Jaws, jurisdiction and administration
on that territory, constitute a continuing threat to international
peace and security;
8. Str ongly de plores the negative vote by a permanent
member of the Security Council which prevented the
Council from adopting against Israel, under Chapter VII
of the Charter, the "appropriate measures" referred to in
resolution 497 (1981) unanimously adopted by the Council;
116 Carnegie Endowment for International Peace, The Hague
Conventions and Declarations of 1899 and 1907 (New York, Oxford
University Press, 1915). p. 100.
9 . F urther deplores any political, economic, financial,
military and technological support to Israel that encourages
it to commit acts of aggression and to consolidate and
perpetuate its occupation and annexation of the Palestinian
territory occupied since 1967, including Jerusalem,
and the other occupied Arab territories;
10. Firmly emphasizes o nce more its demand that Israel,
the occupying Power, rescind forthwith its illegal
decision of 14 December 1981 to impose its laws, jurisdiction
and administration on the Syrian Arab Golan, which
resulted in the effective annexation of that territory;
11. Reaffirms once more the overriding necessity of the
total and unconditional withdrawal by Israel from the
Palestinian territory occupied since 1967, including
Jerusalem, and the other occupied Arab territories, which
is an essential prerequisite for the establishment o f a comprehensive
and just peace in the Middle East;
12. Determines once more that Israel's record, policies
and actions confirm that it is not a peace-loving Member
State, that it has persi stently violated the principles contained
in the Charte r and that it has carried out neither its
obligati ons under the Charter nor its commitment under
General Assembly resolution 273 (Ill) of 11 M ay 1949;
13. Calls once more upon all Member States to apply
the following measures:
(a) To refrain from supplying Israel with any weapons
and related equipment and to suspend any military assistance
that Israel receives from them;
(b) To refrain from acquiring any weapons or military
equipment from Israel;
(c) To suspend economic, financial and technological
assistance to and co-operation with Israel;
(a) To sever diplomatic, trade and cultural relations
with Israel;
14. R eiterates its call to all Mem ber States to cease
forthwith, individually and collectively, all dealings with
Israel in order totally to isolate it in all fields;
15. Urge s non-member States to act in accordance
with the provisions of the present resolution;
16. Calls upon the specialized agencies and other international
organizations to conform their relations with Israel
to the terms o f the present resolution;
17. Req uests the Secretary-General to report to the
General Assembly at its forty-fourth session on the implementation
of the present resolution.
C
The General Assembly,
71st plenary meeting
6 December 1988
Recalling its resolutions 36/ 120 E of 10 December 1981,
37/123 C of 16 December 1982, 38/180 C of 19 December
1983, 39/146C of 14December 1984, 40/168C of
16 December 1985, 41/162 C of 4 December 1986 and
42/209 D of 11 December 1987, in which it determined
that all legislative and administrative measures and actions
taken by Israel, the occupying Power, which had altered
or purported to alter the character and status of the
Hol y City of Jerusalem, in particular the so-called "Basic
Law" on Jerusalem and the proclamation of Jerusalem as
the capital of Israel, were null and void and must be rescinded
forthwith,
Recalling Security Council resolution 478 (1980) of
20 August I 980 , in which t he Council, i nter al ia, decided
HP EXHIBIT 169
1500
II. Resolutions adopted without reference to a Main Committee 59
not to recognize the "Basic Law" and called upon those
States that had established diplomatic missions at Jerusalem
to withdraw such missions from the Holy City,
Having considered the report of the Secretary-General of
28 November 1988,1 1 2
1. Determines that Israel's decision to impose its laws,
jurisdiction and administration on the Holy City of
Jerusalem is illegal and therefore null and void and has no
validity whatsoever;
2. Deplores the transfer by some States of their diplomatic
missions to Jerusalem in violation of Security Council
resolution 478 (1980), and their refusal to comply with
the provisions of that resolution;
3. Calls once more upon those States to abide by the
provisions of the relevant United Nations resolutions, in
conformity with the Charter of the United Nations;
4. Requests the Secretary-General to report to the
General Assembly at its forty-fourth session on the implementation
of the present resolution.
71 st plenary meeting
6 December 1988
43/90. Fortieth anniversary of the Universal Declaration
of Human Rights
The General Assembly,
Reaffirming on the occasion of the fortieth anniversary
of the Universal Declaration of Human Rights50 its signifcance
as a source of inspiration for national and international
efforts for the protection and promotion of human
rights and fundamental freedoms,
Welcoming the progress made so far in the promotion
and protection of human rights and fundamental freedoms
since the proclamation of the Declaration,
Recalling that Member States have pledged themselves
to achieve, in co-operation with the United Nations, the
promotion of universal respect for and observance of human
rights and fundamental freedoms,
Recalling also the obligations of Member States under
the Charter of the United Nations to respect the principle
of equal rights and self-determination of peoples as a basis
for _the creation of conditions of stability and well-being,
which are _necessary for peaceful and friendly relations
among nations,
Acknowledging that, despite efforts made by the international_
community to promote and protect human rights,
there 1s a need for constant vigilance by the international
community in this field,
Recalling the responsibility of the international community
to promote understanding, friendship and peaceful
co-?peratio!} among l?eoples, and to ensure that everyone
enJoys the inherent nght to life, liberty and security of
person,
Recalling the International Covenant on Economic Social
and Cultural Rights1 1 7 and the International Covenant
on Civ_il and Political Rights,1 1 7 and reaffirming that
all human nghts and fundamental freedoms are indivisible
and interrelated and that the promotion and protection of
one category of rights should never exempt or excuse
States from the promotion and protection of the other,
Underlining the importance of the teaching of human
rights at all levels,
1 1 7 See resolution 2200 A (XXI). annex.
l. Stresses the important role of the Universal Declaration
of Human Rights in encouraging Member States to
enshrine the principles of the inherent dignity and of the
equal and inalienable rights of all members of the human
family in national constitutions and laws;
2. Notes with satisfaction the progress made so far in
the field of human rights, including standard setting and
codification, since the proclamation of the Declaration
and reaffirms its commitment to further progress in this
respect;
3. Expresses grave concern at mass and fagrant violations
of human rights, including those stemming from racism,
all forms of racial discrimination and apartheid, and
at all violations of human rights that continue to take
place in many parts of the world;
4. Affirms the responsibility of the United Nations in
protecting and promoting human rights and fundamental
freedoms and expresses the determination of the United
Nations to deal, through appropriate United Nations bodies,
with violations of human rights and fundamental freedoms;
5. Urges all States to observe the rights and freedoms
set forth in the Declaration and appeals to those States
which have not yet done so to consider ratifying or acceding
to the Convention on the Prevention and Punishment
of the Crime of Genocide, 1 18 the International Convention
on the Elimination of All Forms of Racial
Discrimination, 119 the International Covenant on Economic,
Social and Cultural Rights,1 1 7 the International
Covenant on Civil and Political Rights and the Optional
Protocol thereto, 1 1 7 the International Convention on the
Suppression and Punishment of the Crime of
Apartheid, 1 20 the Convention on the Elimination of all
Forms of Discrimination against Women,121 and the Convention
against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment; 122
6. Reaffirms the importance of the observance and effective
implementation of universally recognized standards
in the field of human rights as contained in international
human rights instruments;
7. Invites the Commission on Human Rights to consider
a programme of action in the field of human rights,
including:
(a) Measures to promote the univeral ratification of or
accession to United Nations instruments in the field of human
rights and to strengthen United Nations machinery
for the promotion and protection of human rights and fundamental
freedoms enshrined in the Declaration;
(b) Activities to develop human rights institutions and
infrastructures, drawing upon the assistance of the United
Nations programme of advisory services in the field of human
rights, including the Voluntary Fund for Advisory
Services and Technical Assistance in the Field of Human
Rights, and drawing also upon the relevant capabilities of
the specialized agencies in this field, and other available
multilateral and bilateral assistance;
(c) Activities in the area of public information as may
be determined by the Commission in considering the
world campaign for human rights;
(d) Measures to enhance national and existing regional
institutions for the promotion of human rights, through
1 1 8 Resolution 260 A (I I I). annex.
1 1 9 Resolution 2 1 06 A (XX), annex.
120 Resolution 3068 (XXVIll), annex.
1 2 1 Resolution 34/1 80, annex.
1 22 Resolution J'l/46. annex.
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UNITED A
NATIONS
General Assembly
Distr.
GENERAL
A/RES/48/59
31 January 1994
Forty-eighth session
Agenda item 34
RESOLUTIONS ADOPTED BY THE GENERAL ASSEMBLY
[without reference to a Main Committee
(A/48/L.34 and Add.1 and A/48/L.46 and Add.)]
48/59. The situation in the Middle East
A
Jerusalem
The General Assembly,
Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of
16 December 1982, 38/180 C of 19 December 1983, 39/146 C of 14 December 1984,
40/168 C of 16 December 1985, 41/162 C of 4 December 1986, 42/209 D of
11 December 1987, 43/54 C of 6 December 1988, 44/40 C of 4 December 1989,
45/83 C of 13 December 1990, 46/82 B of 16 December 1991 and 47/63 B of
11 December 1992, in which it determined that all legislative and
administrative measures and actions taken by Israel, the occupying Power,
which had altered or purported to alter the character and status of the Holy
City of Jerusalem, in particular the so-called "Basic Law" on Jerusalem and
the proclamation of Jerusalem as the capital of Israel, were null and void and
must be rescinded forthwith,
Recalling also Security Council resolution 478 (1980) of 20 August 1980,
in which the Council, inter alia, decided not to recognize the "Basic Law" and
called upon those States that had established diplomatic missions at Jerusalem
to withdraw such missions from the Holy City,
/...
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Page 2
Having considered the report of the Secretary-General of
25 October 1993, 1/
1. Determines that the decision of Israel to impose its laws,
jurisdiction and administration on the Holy City of Jerusalem is illegal and
therefore null and void and has no validity whatsoever;
2. Deplores the transfer by some States of their diplomatic missions
to Jerusalem in violation of Security Council resolution 478 (1980), and their
refusal to comply with the provisions of that resolution;
3. Calls once more upon those States to abide by the provisions of
the relevant United Nations resolutions, in conformity with the Charter of the
United Nations;
4. Requests the Secretary-General to report to the General Assembly
at its forty-ninth session on the implementation of the present resolution.
79th plenary meeting
14 December 1993
B
Syrian Golan
The General Assembly,
Having considered the item entitled "The situation in the Middle East",
Taking note of the report of the Secretary-General of
25 October 1993, 1/
Recalling Security Council resolution 497 (1981) of 17 December 1981,
Recalling also its resolution 3314 (XXIX) of 14 December 1974, in the
annex to which it defined an act of aggression, inter alia, as "the invasion
or attack by the armed forces of a State of the territory of another State, or
any military occupation, however temporary, resulting from such invasion or
attack, or any annexation by the use of force of the territory of another
State or part thereof" and provided that "no consideration of whatever nature,
whether political, economic, military or otherwise, may serve as a
justification for aggression",
Reaffirming the fundamental principle of the inadmissibility of the
acquisition of territory by force,
____________
1/ A/48/522.
/...
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Page 3
Reaffirming once more the applicability of the Geneva Convention
relative to the Protection of Civilian Persons in Time of War, of 12 August
1949, 2/ to the occupied Syrian Golan,
Noting that Israel has refused, in violation of Article 25 of the
Charter of the United Nations, to accept and carry out Security Council
resolution 497 (1981),
Deeply concerned that Israel has not withdrawn from the Syrian Golan,
which has been under occupation since 1967, contrary to the relevant Security
Council and General Assembly resolutions,
Taking note with satisfaction of the convening at Madrid of the Peace
Conference on the Middle East on the basis of Security Council resolutions
242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973, but
regretting that a just and comprehensive peace has not yet been achieved after
two years of negotiation in Washington, D.C.,
1. Declares that Israel has failed so far to comply with Security
Council resolution 497 (1981);
2. Declares once more that Israel’s decision to impose its laws,
jurisdiction and administration on the occupied Syrian Golan is illegal and
therefore null and void and has no validity whatsoever;
3. Declares also that the Knesset decision of 11 November 1991
annexing the occupied Syrian Golan constitutes a grave violation of Security
Council resolution 497 (1981) and therefore is null and void and has no
validity whatsoever;
4. Declares further all Israeli policies and practices of, or aimed
at, annexation of the occupied Arab territories since 1967, including the
occupied Syrian Golan, to be illegal and in violation of international law and
of the relevant United Nations resolutions;
5. Determines once more that all actions taken by Israel to give
effect to its decisions relating to the occupied Syrian Golan are illegal and
invalid and shall not be recognized;
6. Reaffirms its determination that all relevant provisions of the
Regulations annexed to the Hague Convention IV of 1907, 3/ and the Geneva
Convention relative to the Protection of Civilian Persons in Time of War, of
12 August 1949, continue to apply to the Syrian territory occupied by Israel
since 1967, and calls upon the parties thereto to respect and ensure respect
for their obligations under those instruments in all circumstances;
__________
2/ United Nations, Treaty Series, vol. 75, No. 973.
3/ See Carnegie Endowment for International Peace, The Hague
Conventions and Declarations of 1899 and 1907 (New York, Oxford University
Press, 1915).
/...
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7. Determines once more that the continued occupation of the Syrian
Golan since 1967 and its de facto annexation by Israel on 14 December 1981,
following Israel’s decision to impose its laws, jurisdiction and
administration on that territory, constitute a continuing threat to peace and
security in the region;
8. Firmly emphasizes once more its demand that Israel, the occupying
Power, rescind forthwith its illegal decision of 14 December 1981 to impose
its laws, jurisdiction and administration on the Syrian Golan, and its
decision of 11 November 1991, which resulted in the effective annexation of
that territory;
9. Demands once more that Israel withdraw from the occupied Syrian
Golan in implementation of the relevant Security Council resolutions;
10. Calls upon the international community to urge Israel to withdraw
from the occupied Syrian Golan and other occupied Arab territories for the
establishment of a just, comprehensive and lasting peace in the region;
11. Requests the Secretary-General to report to the General Assembly
at its forty-ninth session on the implementation of the present resolution.
79th plenary meeting
14 December 1993
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NATIONS
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Distr.
GENERAL
A/RES/49/87
7 February 1995
Forty-ninth session
Agenda item 38
RESOLUTIONS ADOPTED BY THE GENERAL ASSEMBLY
[without reference to a Main Committee (A/49/L.59 and A/49/L.60)]
49/87. The situation in the Middle East
A
Jerusalem
The General Assembly,
Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of
16 December 1982, 38/180 C of 19 December 1983, 39/146 C of 14 December 1984,
40/168 C of 16 December 1985, 41/162 C of 4 December 1986, 42/209 D of
11 December 1987, 43/54 C of 6 December 1988, 44/40 C of 4 December 1989,
45/83 C of 13 December 1990, 46/82 B of 16 December 1991, 47/63 B of
11 December 1992 and 48/59 A of 14 December 1993, in which it determined that
all legislative and administrative measures and actions taken by Israel, the
occupying Power, which had altered or purported to alter the character and
status of the Holy City of Jerusalem, in particular the so-called "Basic Law"
on Jerusalem and the proclamation of Jerusalem as the capital of Israel, were
null and void and must be rescinded forthwith,
Recalling also Security Council resolution 478 (1980) of 20 August 1980,
in which the Council, inter alia, decided not to recognize the "Basic Law" and
called upon those States that had established diplomatic missions at Jerusalem
to withdraw such missions from the Holy City,
Having considered the report of the Secretary-General of
20 October 1994, 1/
____________
1/ A/49/556.
95-76357
/...
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Page 2
1. Determines that the decision of Israel to impose its laws,
jurisdiction and administration on the Holy City of Jerusalem is illegal and
therefore null and void and has no validity whatsoever;
2. Deplores the transfer by some States of their diplomatic missions
to Jerusalem in violation of Security Council resolution 478 (1980), and their
refusal to comply with the provisions of that resolution;
3. Calls once more upon those States to abide by the provisions of
the relevant United Nations resolutions, in conformity with the Charter of the
United Nations;
4. Requests the Secretary-General to report to the General Assembly
at its fiftieth session on the implementation of the present resolution.
91st plenary meeting
16 December 1994
B
The Syrian Golan
The General Assembly,
Having considered the item entitled "The situation in the Middle East",
Taking note of the report of the Secretary-General of
20 October 1994, 1/
Recalling Security Council resolution 497 (1981) of 17 December 1981,
Reaffirming the fundamental principle of the inadmissibility of the
acquisition of territory by force,
Reaffirming once more the applicability of the Geneva Convention
relative to the Protection of Civilian Persons in Time of War, of
12 August 1949, 2/ to the occupied Syrian Golan,
Deeply concerned that Israel has not withdrawn from the Syrian Golan,
which has been under occupation since 1967, contrary to the relevant Security
Council and General Assembly resolutions,
Noting with satisfaction the convening at Madrid of the Peace Conference
on the Middle East on the basis of Security Council resolutions 242 (1967) of
22 November 1967 and 338 (1973) of 22 October 1973, with the hope that
substantial and concrete progress will be achieved on the Syrian and Lebanese
tracks for the realization of a just, comprehensive and lasting peace in the
region,
1. Declares that Israel has failed so far to comply with Security
Council resolution 497 (1981);
__________
2/ United Nations, Treaty Series, vol. 75, No. 973.
/...
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2. Declares also that the Knesset decision of 11 November 1991
annexing the occupied Syrian Golan constitutes a grave violation of Security
Council resolution 497 (1981) and therefore is null and void and has no
validity whatsoever, and calls upon Israel to rescind it;
3. Reaffirms its determination that all relevant provisions of the
Regulations annexed to the Hague Convention of 1907, 3/ and the Geneva
Convention relative to the Protection of Civilian Persons in Time of War, of
12 August 1949, continue to apply to the Syrian territory occupied by Israel
since 1967, and calls upon the parties thereto to respect and ensure respect
for their obligations under those instruments in all circumstances;
4. Determines once more that the continued occupation of the Syrian
Golan and its de facto annexation constitute a stumbling-block in the way of
achieving a just, comprehensive and lasting peace in the region;
5. Demands once more that Israel withdraw from all the occupied
Syrian Golan in implementation of the relevant Security Council resolutions;
6. Requests the Secretary-General to report to the General Assembly
at its fiftieth session on the implementation of the present resolution.
91st plenary meeting
16 December 1994
____________
3/ See Carnegie Endowment for International Peace, The Hague
Conventions and Declarations of 1899 and 1907 (New York, Oxford University
Press, 1915).
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The situation in the Middle East, 50 G.A. res. 50/22, 49 U.N. GAOR Supp. (No. 49) at 26, U.N. Doc. A/RES/50/49 (1995).
hrlibrary.umn.edu/resolutions/50/22GA1995.html 1/2
The situation in the Middle East, 50 G.A. res. 50/22, 49 U.N. GAOR Supp. (No. 49) at
26, U.N. Doc. A/RES/50/49 (1995).
Fiftieth session
Agenda item 44
RESOLUTIONS ADOPTED BY THE GENERAL ASSEMBLY
A
Jerusalem
The General Assembly,
Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of 16 December 1982, 38/180 C of 19
December 1983, 39/146 C of 14 December 1984, 40/168 C of 16 December 1985, 41/162 C of 4 December
1986, 42/209 D of 11 December 1987, 43/54 C of 6 December 1988, 44/40 C of 4 December 1989, 45/83 C
of 13 December 1990, 46/82 B of 16 December 1991, 47/63 B of 11 December 1992, 48/59 A of 14
December 1993 and 49/87 A of 16 December 1994, in which it determined that all legislative and
administrative measures and actions taken by Israel, the occupying Power, which had altered or purported to
alter the character and status of the Holy City of Jerusalem, in particular the so-called "Basic Law" on
Jerusalem and the proclamation of Jerusalem as the capital of Israel, were null and void and must be
rescinded forthwith,
Recalling also Security Council resolution 478 (1980) of 20 August 1980, in which the Council, inter alia,
decided not to recognize the "Basic Law" and called upon those States that had established diplomatic
missions at Jerusalem to withdraw such missions from the Holy City,
Having considered the report of the Secretary-General of 24 October 1995, A/50/574.
1. Determines that the decision of Israel to impose its laws, jurisdiction and administration on the Holy City
of Jerusalem is illegal and therefore null and void and has no validity whatsoever;
2. Deplores the transfer by some States of their diplomatic missions to Jerusalem in violation of Security
Council resolution 478 (1980), and their refusal to comply with the provisions of that resolution;
3. Calls once more upon those States to abide by the provisions of the relevant United Nations resolutions, in
conformity with the Charter of the United Nations;
4. Requests the Secretary-General to report to the General Assembly at its fifty-first session on the
implementation of the present resolution.
79th plenary meeting
4 December 1995
B
The Syrian Golan
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The situation in the Middle East, 50 G.A. res. 50/22, 49 U.N. GAOR Supp. (No. 49) at 26, U.N. Doc. A/RES/50/49 (1995).
hrlibrary.umn.edu/resolutions/50/22GA1995.html 2/2
The General Assembly,
Having considered the item entitled "The situation in the Middle East",
Taking note of the report of the Secretary-General of 24 October 1995, 1/
Recalling Security Council resolution 497 (1981) of 17 December 1981,
Reaffirming the fundamental principle of the inadmissibility of the acquisition of territory by force,
Reaffirming once more the applicability of the Geneva Convention relative to the Protection of Civilian
Persons in Time of War, of 12 August 1949, United Nations, Treaty Series, vol. 75, No. 973. to the occupied
Syrian Golan,
Deeply concerned that Israel has not withdrawn from the Syrian Golan, which has been under occupation
since 1967, contrary to the relevant Security Council and General Assembly resolutions,
Noting with satisfaction the convening at Madrid of the Peace Conference on the Middle East on the basis of
Security Council resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973, with the
hope that substantial and concrete progress will be achieved on the Syrian and Lebanese tracks for the
realization of a just, comprehensive and lasting peace in the region,
1. Declares that Israel has failed so far to comply with Security Council resolution 497 (1981);
2. Declares also that the Knesset decision of 11 November 1991 annexing the occupied Syrian Golan
constitutes a grave violation of resolution 497 (1981) and therefore is null and void and has no validity
whatsoever, and calls upon Israel to rescind it;
3. Reaffirms its determination that all relevant provisions of the Regulations annexed to the Hague
Convention of 1907, See Carnegie Endowment for International Peace, The Hague Conventions and
Declarations of 1899 and 1907 (New York, Oxford University Press, 1915). and the Geneva Convention
relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, continue to apply to the
Syrian territory occupied by Israel since 1967, and calls upon the parties thereto to respect and ensure respect
for their obligations under those instruments in all circumstances;
4. Determines once more that the continued occupation of the Syrian Golan and its de facto annexation
constitute a stumbling-block in the way of achieving a just, comprehensive and lasting peace in the region;
5. Demands once more that Israel withdraw from all the occupied Syrian Golan to the line of 4 June 1967 in
implementation of the relevant Security Council resolutions;
6. Requests the Secretary-General to report to the General Assembly at its fifty-first session on the
implementation of the present resolution.
79th plenary meeting
4 December 1995 .
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UNITED A
NATIONS
General Assembly
Distr.
GENERAL
A/RES/51/27
11 February 1997
Fifty-first session
Agenda item 33
THE SITUATION IN
THE MIDDLE EAST
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
[without reference to a Main Committee (A/51/L.38 and Add.1)]
51/27. Jerusalem
The General Assembly,
Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of
16 December 1982, 38/180 C of 19 December 1983, 39/146 C of 14 December 1984,
40/168 C of 16 December 1985, 41/162 C of 4 December 1986, 42/209 D of
11 December 1987, 43/54 C of 6 December 1988, 44/40 C of 4 December 1989,
45/83 C of 13 December 1990, 46/82 B of 16 December 1991, 47/63 B of
11 December 1992, 48/59 A of 14 December 1993, 49/87 A of 16 December 1994 and
50/22 A of 4 December 1995, in which it determined that all legislative and
administrative measures and actions taken by Israel, the occupying Power,
which have altered or purported to alter the character and status of the Holy
City of Jerusalem, in particular the so-called "Basic Law" on Jerusalem and
the proclamation of Jerusalem as the capital of Israel, were null and void and
must be rescinded forthwith,
Recalling also Security Council resolution 478 (1980) of 20 August 1980,
in which the Council, inter alia, decided not to recognize the "Basic Law" and
called upon those States which had established diplomatic missions at
Jerusalem to withdraw such missions from the Holy City,
Having considered the report of the Secretary-General,1
1 A/51/543.
97-76747 /...
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1. Determines that the decision of Israel to impose its laws,
jurisdiction and administration on the Holy City of Jerusalem is illegal and
therefore null and void and has no validity whatsoever;
2. Deplores the transfer by some States of their diplomatic missions
to Jerusalem in violation of Security Council resolution 478 (1980) and their
refusal to comply with the provisions of that resolution;
3. Calls once more upon those States to abide by the provisions of
the relevant United Nations resolutions, in conformity with the Charter of the
United Nations;
4. Requests the Secretary-General to report to the General Assembly
at its fifty-second session on the implementation of the present resolution.
72nd plenary meeting
4 December 1996
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NATIONS
General Assembly
Distr.
GENERAL
A/RES/52/53
28 January 1998
Fifty-second session
Agenda item 37
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
[without reference to a Main Committee (A/52/L.54 and Add.1)]
52/53. Jerusalem
The General Assembly,
Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of 16 December 1982, 38/180 C of
19 December 1983, 39/146 C of 14 December 1984, 40/168 C of 16 December 1985, 41/162 C of
4 December 1986, 42/209 D of 11 December 1987, 43/54 C of 6 December 1988, 44/40 C of 4 December
1989, 45/83 C of 13 December 1990, 46/82 B of 16 December 1991, 47/63 B of 11 December 1992, 48/59 A
of 14 December 1993, 49/87 A of 16 December 1994, 50/22 A of 4 December 1995 and 51/27 of
4 December 1996, in which it determined that all legislative and administrative measures and actions taken
by Israel, the occupying Power, which have altered or purported to alter the character and status of the Holy
City of Jerusalem, in particular the so-called "Basic Law" on Jerusalem and the proclamation of Jerusalem
as the capital of Israel, were null and void and must be rescinded forthwith,
Recalling also Security Council resolution 478 (1980) of 20 August 1980, in which the Council,
inter alia, decided not to recognize the "Basic Law" and called upon those States which had established
diplomatic missions at Jerusalem to withdraw such missions from the Holy City,
Having considered the report of the Secretary-General,1
1. Determines that the decision of Israel to impose its laws, jurisdiction and administration on the Holy
City of Jerusalem is illegal and therefore null and void and has no validity whatsoever;
2. Deplores the transfer by some States of their diplomatic missions to Jerusalem in violation of
Security Council resolution 478 (1980) and their refusal to comply with the provisions of that resolution;
3. Calls once more upon those States to abide by the provisions of the relevant United Nations
resolutions, in conformity with the Charter of the United Nations;
1 A/52/467.
98-76093 /...
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4. Requests the Secretary-General to report to the General Assembly at its fifty-third session on the
implementation of the present resolution.
68th plenary meeting
9 December 1997
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UNITED A
NATIONS
General Assembly
Distr.
GENERAL
A/RES/53/37
15 January 1999
Fifty-third session
Agenda item 40
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
[without reference to a Main Committee (A/53/L.52 and Add.1)]
53/37. Jerusalem
The General Assembly,
Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of 16 December 1982, 38/180 C
of 19 December 1983, 39/146 C of 14 December 1984, 40/168 C of 16 December 1985, 41/162 C of
4 December 1986, 42/209 D of 11 December 1987, 43/54 C of 6 December 1988, 44/40 C of 4 December
1989, 45/83 C of 13 December 1990, 46/82 B of 16 December 1991, 47/63 B of 11 December 1992,
48/59 A of 14 December 1993, 49/87 A of 16 December 1994, 50/22 A of 4 December 1995, 51/27 of
4 December 1996 and 52/53 of 9 December 1997, in which it determined that all legislative and
administrative measures and actions taken by Israel, the occupying Power, which have altered or purported
to alter the character and status of the Holy City of Jerusalem, in particular the so-called “Basic Law” on
Jerusalem and the proclamation of Jerusalem as the capital of Israel, were null and void and must be
rescinded forthwith,
Recalling also Security Council resolution 478 (1980) of 20 August 1980, in which the Council, inter
alia, decided not to recognize the “Basic Law” and called upon those States which had established
diplomatic missions at Jerusalem to withdraw such missions from the Holy City,
Having considered the report of the Secretary-General,1
1. Determines that the decision of Israel to impose its laws, jurisdiction and administration on the
Holy City of Jerusalem is illegal and therefore null and void and has no validity whatsoever;
1 A/53/550.
99-76147 /...
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Page 2
2. Deplores the transfer by some States of their diplomatic missions to Jerusalem in violation of
Security Council resolution 478 (1980) and their refusal to comply with the provisions of that resolution;
3. Calls once more upon those States to abide by the provisions of the relevant United Nations
resolutions, in conformity with the Charter of the United Nations;
4. Requests the Secretary-General to report to the General Assembly at its fifty-fourth session on
the implementation of the present resolution.
76th plenary meeting
2 December 1998
HP EXHIBIT 179
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1 A/54/495.
00 23598 /...
UNITED A NATIONS
General Assembly
Distr.
GENERAL
A/RES/54/37
20 January 2000
Fifty-fourth session
Agenda item 43
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
[without reference to a Main Committee (A/54/L.40 and Add.1)]
54/37. Jerusalem
The General Assembly,
Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of 16 December 1982, 38/180 C of
19 December 1983, 39/146 C of 14 December 1984, 40/168 C of 16 December 1985, 41/162 C of
4 December 1986, 42/209 D of 11 December 1987, 43/54 C of 6 December 1988, 44/40 C of 4 December
1989, 45/83 C of 13 December 1990, 46/82 B of 16 December 1991, 47/63 B of 11 December 1992, 48/59 A
of 14 December 1993, 49/87 A of 16 December 1994, 50/22 A of 4 December 1995, 51/27 of 4 December
1996, 52/53 of 9 December 1997 and 53/37 of 2 December 1998, in which it, inter alia, determined that all
legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered
or purported to alter the character and status of the Holy City of Jerusalem, in particular the so-called “Basic
Law” on Jerusalem and the proclamation of Jerusalem as the capital of Israel, were null and void and must
be rescinded forthwith,
Recalling also Security Council resolution 478 (1980) of 20 August 1980, in which the Council, inter
alia, decided not to recognize the “Basic Law” and called upon those States which had established diplomatic
missions at Jerusalem to withdraw such missions from the Holy City,
Having considered the report of the Secretary-General,1
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Page 2
1. Determines that the decision of Israel to impose its laws, jurisdiction and administration on the Holy
City of Jerusalem is illegal and therefore null and void and has no validity whatsoever;
2. Deplores the transfer by some States of their diplomatic missions to Jerusalem in violation of
Security Council resolution 478 (1980) and their refusal to comply with the provisions of that resolution;
3. Calls once more upon those States to abide by the provisions of the relevant United Nations
resolutions, in conformity with the Charter of the United Nations;
4. Requests the Secretary-General to report to the General Assembly at its fifty-fifth session on the
implementation of the present resolution.
68th plenary meeting
1 December 1999
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United Nations A/RES/55/50
General Assembly Distr.: General
25 January 2001
Fifty-fifth session
Agenda item 40
00 56239
Resolution adopted by the General Assembly
[without reference to a Main Committee (A/55/L.49 and Add.1)]
55/50. Jerusalem
The General Assembly,
Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of
16 December 1982, 38/180 C of 19 December 1983, 39/146 C of 14 December
1984, 40/168 C of 16 December 1985, 41/162 C of 4 December 1986, 42/209 D of
11 December 1987, 43/54 C of 6 December 1988, 44/40 C of 4 December 1989,
45/83 C of 13 December 1990, 46/82 B of 16 December 1991, 47/63 B of
11 December 1992, 48/59 A of 14 December 1993, 49/87 A of 16 December 1994,
50/22 A of 4 December 1995, 51/27 of 4 December 1996, 52/53 of 9 December
1997, 53/37 of 2 December 1998 and 54/37 of 1 December 1999, in which it, inter
alia, determined that all legislative and administrative measures and actions taken by
Israel, the occupying Power, which have altered or purported to alter the character
and status of the Holy City of Jerusalem, in particular the so-called “Basic Law” on
Jerusalem and the proclamation of Jerusalem as the capital of Israel, were null and
void and must be rescinded forthwith,
Recalling also Security Council resolution 478 (1980) of 20 August 1980, in
which the Council, inter alia, decided not to recognize the “Basic Law” and called
upon those States which had established diplomatic missions in Jerusalem to
withdraw such missions from the Holy City,
Having considered the report of the Secretary-General,1
1. Determines that the decision of Israel to impose its laws, jurisdiction and
administration on the Holy City of Jerusalem is illegal and therefore null and void
and has no validity whatsoever;
2. Deplores the transfer by some States of their diplomatic missions to
Jerusalem in violation of Security Council resolution 478 (1980) and their refusal to
comply with the provisions of that resolution;
3. Calls once more upon those States to abide by the provisions of the
relevant United Nations resolutions, in conformity with the Charter of the United
Nations;
1 A/55/538.
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2
4. Requests the Secretary-General to report to the General Assembly at its
fifty-sixth session on the implementation of the present resolution.
78th plenary meeting
1 December 2000
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  
   
  
 
  
 
     
        
 
  
           
             
               
              
              
              
              
             
            
          
              
          
              
 
           
             
          
      
      
            
             
    
           
            
      
             
           


 
HP EXHIBIT 182
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

           
        
  
  
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The meeting was called to order at 3 p.m.
Agenda item 36
Question of Palestine
Report of the Committee on the Exercise of
the Inalienable Rights of the Palestinian
People (A/68/35)
Report of the Secretary-General (A/68/363)
Draft resolutions (A/68/L.12, A/68/L.13,
A/68/L.14 and A/68/L.15)
The President: As we begin consideration of this
afternoon’s agenda item, let me reaffirm the undisputed
consensus concerning the creation of an independent
Palestinian State living side by with the State of Israel,
within secure and mutually recognized borders. This
universally accepted solution was robustly reaffirmed
recently in resolution 67/19, which granted Palestine
the status of non-member observer State in the United
Nations.
I take note of the considerable international
diplomatic activity that has been taking place in order
to restart the stalled negotiations between the two sides.
There has been some forward movement on questions of
substance, which I welcome. However, at the same time,
there have been steps taken that are distinctly unhelpful
to, and even undermine, the chances of finding the kind
of solution called for by our Assembly. At present, the
progression of the negotiations stands in jeopardy, and
none of the overwhelming number of supporters of
peace and stability in the region wishes to contemplate
the possible consequences of such a situation.
The attention of the international community is
currently being turned towards a new paradigm for
improving the quality of life of human beings beyond
2015. At the heart of the post-2015 development agenda
is a concern for people, regardless of race, religion or
economic status — a concern for “the dignity and worth
of the human person”, in the words of our Charter.
It is extremely regrettable that at such a moment,
the people of Palestine find themselves locked in a
historic battle for the very physical space that they
have long called their home. Such space is a necessary
condition to satisfy their basic aspirations today, to
live in security, freedom, honour and dignity. Human
dignity cannot be compartmentalized. The desecration
of humanity, whether in the West Bank or in Gaza or
in Syria or elsewhere, is the desecration of humanity
everywhere, and that should be of concern to all people.
In my address to the Assembly on 14 June (see
A/67/PV.87), I informed Member States that my
priority for the sixty-eighth session was “The post-
2015 development agenda: setting the stage”. In those
remarks, I signalled my intention to hold a number of
thematic debates, including one on “ensuring stable
and peaceful societies”. That activity is intended to
feed into the articulation of the post-2015 development
agenda, which is an agenda for all peoples, countries
and regions, including the Middle East. That region,
regrettably, seems to be one where the dream of
achieving peace and stability faces its keenest
United Nations A/68/PV.57
asdfGeneral Assembly
Sixty-eighth session
57th plenary meeting
Monday, 25 November 2013, 3 p.m.
New York
Official Records
President: Mr. Ashe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Antigua and Barbuda)
This record contains the text of speeches delivered in English and of the interpretation of
speeches delivered in the other languages. Corrections should be submitted to the original
languages only. They should be incorporated in a copy of the record and sent under the signature
of a member of the delegation concerned to the Chief of the Verbatim Reporting Service, room
U-506. Corrections will be issued after the end of the session in a consolidated corrigendum.
*1357987*
13-57987 (E)
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2/29 13-57987
A/68/PV.57 25/11/2013
Sixty-six years ago, the General Assembly solemnly
recognized two States, only one of which actually saw
the light of day. It was not until 29 November 2012 that
the General Assembly finally deigned to grant Palestine
the status of an observer State. Our Committee strongly
supported that decision, which we believed would help
to revitalize the peace process. That view was borne out
by events, which means that we are on the right track,
as symbolically illustrated by the first vote of the State
of Palestine in the General Assembly, last Monday,
18 November (see A/68/PV.53). It is our fervent wish
that by next year we will be welcoming President
Mahmoud Abbas to the United Nations as leader of a
sovereign and independent Member State.
The various parties, whose tenacious commitment
moved the peace process forward, deserve enormous
credit, including the United States of America, the
League of Arab States, Jordan, the European Union,
the Quartet and the Secretary-General. However, there
are worrying signs that the process is undergoing
a deep crisis of confidence, mainly as a result of the
acceleration of illegal settlement activities, which
caused the Palestinian negotiating team to withdraw in
protest.
It is our view that the General Assembly, guarantor
of international legitimacy, has an important role to play
in the critical year ahead, with a view to maintaining
the integrity of the process. The four draft resolutions
that I would now like to introduce to the Assembly
under the present agenda item incorporate our thinking
in that respect.
During the past year, our Committee has redoubled
its efforts to build on the momentum generated by
resolution 67/19. We analysed all the implications of
the new political reality of the creation of a State under
occupation, which, from our point of view, presents
new possibilities.
The first three draft resolutions are related to the
work of the Committee on the Exercise of the Inalienable
Rights of the Palestinian People, the Division for
Palestinian Rights of the Department of Political
Affairs, and the special information programme on
the Question of Palestine of the Department of Public
Information. They reaffirm the important mandates
entrusted to those entities by the General Assembly. As
in the past, the Committee intends to make sure that the
resources available to it are used in an optimal manner.
The draft resolutions have been subject to extensive
challenges, with causes that are both internal and
external. In that regard, the political and social unrest
that has taken place in a number of countries during the
past few years readily comes to mind.
It is for that reason that I welcome the limitedterm
agreement recently announced by the P5+1
and Iran regarding the latter’s nuclear programme.
The negotiations that preceded the announcement
of the agreement had begun with a dangerous rise
in suspicions regarding the nature of Iran’s nuclear
programme. I believe, and I hope, this weekend’s
agreement represents a step in the direction of easing
those tensions and suspicions. Therefore, I trust that
as we all look towards the future, memories of past
wrongs, whether in word or deed, will not unduly
influence perceptions of present intentions.
I look forward to the timely and good-faith
implementation of the terms of that instrument, as a
contribution to strengthening peace and stability in
the Middle East. I expect that such implementation
will guide us on the path from confrontation to
dialogue — dialogue that is aimed at strengthening
peace, security and well-being within and among
peoples. For it is through dialogue that we have a better
understanding of each other’s fears and suspicions. It
is through dialogue that we show signs that we are as
mindful of the hurts of others as we are of our own.
It is through dialogue that we foster the spirit of
trust and confidence that alone can sustain and give
strength to our decisions. And it is through dialogue
that we will identify the pathways toward a just, lasting
and mutually satisfactory agreement between the
independent States of Israel and Palestine, and towards
a stable and peaceful Middle East in general.
I now give the floor to His Excellency
Ambassador Diallo of Senegal, in his capacity as
Chairman of the Committee on the Exercise of the
Inalienable Rights of the Palestinian People, to introduce
draft resolutions A/68/L.12, A/68/L.13, A/68/L.14 and
A/68/L.15.
Mr. Diallo (Senegal), Chairman of the Committee on
the Exercise of the Inalienable Rights of the Palestinian
People (spoke in French): At the outset, let me thank
all the delegations, and you personally, Mr. President,
for your active participation in this morning’s special
meeting dedicated to the International Day of Solidarity
with the Palestinian People.
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on all permanent-status issues within a nine-month
time frame. It also encourages all States and
intergovernmental organizations to pursue policies that
ensure respect for their obligations under international
law, in particular with regard to settlements.
I hope that these provisions and all others in the
draft texts will meet the Assembly’s strong support.
The four draft resolutions that I have just introduced
outline positions, mandates and programmes of special
importance, particularly at the present crucial juncture.
Our Committee is fully committed to the cause of
Israeli-Palestinian peace. A vote in favour of the four
draft resolutions will certainly be a vote in favour of
peace.
The President: I now give the floor to His
Excellency Mr. Christopher Grima of Malta, Rapporteur
of the Committee on the Exercise of the Inalienable
Rights of the Palestinian People, to introduce the report
of the Committee.
Mr. Grima (Malta), Rapporteur of the Committee
on the Exercise of the Inalienable Rights of the
Palestinian People: It is an honour for me, in my capacity
as Rapporteur of the Committee on the Exercise of the
Inalienable Rights of the Palestinian People, to present
to the General Assembly the annual report of the
Committee, contained in document A/68/35. Allow me
to summarize each section of the report.
After the introduction of the report, chapters II
and III outline the mandate entrusted to the Committee
by the General Assembly and the organization of the
Committee’s work during the year. Under Chapter IV,
the report reviews the situation relating to the question
of Palestine, as monitored by the Committee, and
contains a detailed factual account of the developments
that have taken place in the period under review, which
ended on 6 October 2013. The most recent events will
be reflected in the next report.
Chapter V describes the action taken by the
Committee, including the Chairman’s participation
in General Assembly and Security Council debates,
statements issued by the Committee and its Bureau,
and the continued dialogue between the Committee
and members of intergovernmental organizations.
This chapter also reports on the various international
meetings and conferences organized by the Committee,
as well as other mandated activities carried out by the
Division for Palestinian Rights.
consultation with regional groups and were approved
by the Committee. They have been circulated as
documents A/68/L.12, A/68/L.13 and A/68/L.14, which
are now before members. There are some new elements
which I will clarify.
Over the years, the United Nations has declared
international years dedicated to raising awareness
about a variety of issues of particular importance to
the international community. However, there has never
been a year dedicated to the question of Palestine,
which has been an item on the United Nations agenda
for a very long time, still unresolved despite years of
effort. Our Committee wanted to correct that historical
imbalance, which is why draft resolution A/68/L.12
proposes that the Assembly proclaim the year 2014
as the International Year of Solidarity with the
Palestinian People and that it request the Committee to
organize activities in cooperation with Governments,
relevant organizations of the United Nations system,
intergovernmental organizations and civil society.
We chose the year 2014 to focus the attention of the
international community on the issue and afford it the
opportunity to contribute to the peace process currently
under way. In the spirit of budgetary discipline, and
fully aware of the financial constraints that the United
Nations is facing, it is important to note that we will
not being requesting additional resosurces from the
regular budget. We will appeal to all supporters of
the Palestinian cause to contribute generously to the
initiative in the form of extrabudgetary funds.
Bear in mind that international years do not
concern just the United Nations. Governments,
intergovernmental organizations and civil society
traditionally launch the bulk of activities relating to
international years, including, for example, conferences,
forums, youth camps, exhibitions, competitions,
briefings, rallies, petitions, concerts, film screenings,
workshops, festivals and so much more. We will be
inviting members to share their ideas in the months
ahead in order to shape and coordinate this major
undertaking. I encourage Member States to co-sponsor
the draft resolutions.
The fourth draft resolution, A/68/L.15, is entitled
“Peaceful settlement of the question of Palestine”. It
reaffirms the position of the General Assembly with
regard to the essential elements of such a settlement
and includes references to the developments of the
past year. It welcomes the resumption of negotiations
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commitments and to provide additional aid to avert
further deterioration.
The Committee suggests that its programme of
international meetings and conferences in 2014 be
focused on widening international support for the
achievement of the inalienable rights of the Palestinian
people and the creation of a favourable atmosphere
for the success of the resumed permanent-status
negotiations.
The Committee will mobilize increased
international scrutiny of the developments on the
ground, in particular settlement activities, and will
emphasize responsibility and promote action by the
international community to put an end to all illegal
Israeli policies and practices in the occupied Palestinian
territory, including East Jerusalem. The Committee
will also examine the legal ramifications of the new
international status of the State of Palestine and will
continue to call attention to the plight of the Palestinian
political prisoners in Israeli jails and urge a resolution
of their plight.
The Committee will continue to encourage
civil society partners to work with their national
Governments, parliamentarians and other institutions
with a view to gaining their full support for the work
of the United Nations on the question of Palestine. It
expresses the hope that the reactivated working group
will help to build stronger partnerships with civil
society. It also encourages its members and observers to
mobilize their respective civil societies at the national
level, in particular young people, and to establish
solidarity committees with the State of Palestine.
The Committee will reach out to all regional
groups at the United Nations with a view to expanding
its membership. It will actively work to organize more
thematic debates on the question of Palestine in various
United Nations forums. The Committee calls upon the
General Assembly to proclaim an international year of
solidarity with the Palestinian people.
The Committee requests the Division for
Palestinian Rights of the Secretariat to continue its
substantive and secretariat support, the programme
of research, monitoring and publications and other
informational activities in support of the Committee’s
communication strategy. The Committee encourages
voluntary contributions from members and observers
in line with their capacity to put the programme on a
solid financial footing.
Chapter VI provides an overview of the work done
over the year by the Department of Public Information
pursuant to resolution 67/22 of 30 November 2012.
The last chapter of the report contains the
conclusions and recommendations of the Committee,
in which the Committee reiterates its view that the
admission of Palestine as a non-member observer
State by the General Assembly (see resolution 67/19)
constituted an important step towards the realization
of the two-State solution. That gave a new urgency
to the resumption of the peace process and vested the
State of Palestine with important additional rights to
join international legal frameworks and to contribute to
the work of the United Nations system as a whole. The
Committee calls on all Member States to extend full
diplomatic recognition to the State of Palestine and on
the Security Council to revisit the issue of Palestine’s
full membership.
Welcoming the resumption of Israeli-Palestinian
direct negotiations, the Committee calls for the
sustained engagement and support of the international
community, including a revitalized Quartet, which is
vital to ensure that the parties negotiate in good faith,
live up to their commitments and refrain from steps
that jeopardize negotiations. The current diplomatic
initiative may represent the final window of opportunity
to achieve a negotiated two-State solution. In that
regard, the Committee expresses its concern about
Israel’s settlement activity, which threatens to derail
negotiations. The Committee welcomes the recently
adopted European Union (EU) guidelines that prohibit
funding by EU institutions for Israeli entities connected
with the settlements as a first step towards fulfilling
obligations under international law and calls for further
international action against settlements.
The Committee condemns all attacks against
civilians and calls on the parties to adhere to the
terms of the Gaza ceasefire agreement. It calls upon
the Security Council and the High Contracting Parties
to the Fourth Geneva Convention to act urgently to
uphold international humanitarian law and guarantee
the protection of civilians.
The Committee also stresses the importance of
Palestinian unity under the legitimate leadership of
President Mahmoud Abbas to secure a comprehensive
peace. It expresses its concern that the accomplishments
made towards Palestinian State-building and reform
are now endangered, owing to the chronic financial
crisis, and calls upon donors to meet their prior
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the United Nations Relief and Works Agency for
Palestine Refugees in the Near East, the United Nations
Development Programme, UNICEF, the Office for
the Coordination of Humanitarian Affairs, the World
Food Programme, UN-Women, the United Nations
Human Settlements Programme, the United Nations
Population Fund and the Office of the United Nations
High Commissioner for Human Rights.
Here, we also express our appreciation for the
commitment of the first United Nations Development
Assistance Framework for the State of Palestine, aimed
at enhancing development support and assistance to
the Palestinian people and strengthening institutional
capacity in line with national priorities. Undoubtedly,
the international political, humanitarian, financial and
moral support extended over the decades has helped
sustain the Palestinian people and bolster their resilience
as they have confronted innumerable hardships, in exile
and under occupation, while awaiting the realization
of their inalienable rights, justice and peace. We are
grateful for the support, while again calling on the
international community to exert all possible efforts, in
line with relevant resolutions, the Charter of the United
Nations and international law, to redress the injustice
the Palestinian people have endured for far too long.
Our appeals to the international community are
directly linked to the permanent responsibility of the
United Nations towards the question of Palestine until
it is resolved in all aspects. That responsibility is being
upheld by the international community in many ways.
However, political progress remains elusive, due to
Israel’s flagrant contempt for the resolutions and the
authority of the United Nations and to the absence
of political will characterized by the paralysis of the
Security Council, which has precluded accountability
by Israel, the implementation of relevant resolutions,
and the advancement of a just peace.
The General Assembly, however, continues to act
to uphold its responsibilities. During the last debate
on the question of Palestine, on 29 November 2012,
the Assembly undertook the historic, courageous
decision to accord to Palestine non-member observer
State status in the United Nations. With the adoption
of resolution 67/19 — which was fully consistent with
the right to self-determination enshrined in the Charter
and in relevant resolutions, from resolutions 181 (II),
194 (III), and Security Council resolution 242 (1967)
to the present day — another milestone was set in the
long march of the Palestinian people to freedom and
Finally, the Committee reiterates its view that the
special information programme on the Question of
Palestine of the Department of Public Information has
made an important contribution to informing the media
and the public of the relevant issues, and requests the
continuation of the programme.
In closing, I would like to express the hope that the
report that I have just presented will be of assistance
to the General Assembly in its deliberations on the
question of Palestine.
The President: I now give the floor to the
Permanent Observer of the observer State of Palestine.
Mr. Mansour (Palestine): I am honoured to address
the General Assembly at this important debate on behalf
of the State of Palestine. On the International Day of
Solidarity with the Palestinian People, I reaffirm the
gratitude of the Palestinian people and Government for
the compelling expressions of solidarity received from
all around the world, including those conveyed today
at this commemorative meeting, with the participation
of the Committee on the Exercise of the Inalienable
Rights of the Palestinian People.
We express our appreciation to the Chair of
the Committee, Ambassador Diallo of Senegal, for
presiding over this special meeting and for his statement
and introduction of the draft resolutions on the question
of Palestine today. We also express our gratitude to the
Rapporteur of the Committee, Ambassador Grima of
Malta, for having introduced the Committee’s report
(A/68/35) and to the other members of the Bureau,
including the Ambassadors of Afghanistan, Cuba,
Indonesia, Namibia and Nicaragua, and all members
and observers of the Committee for their principled
support of the just cause of Palestine. I also commend
the efforts of the Division for Palestinian Rights and
the special information programme on Palestine of the
Department of Public Information.
I thank Secretary-General Ban Ki-moon for his
report on the peaceful settlement of the question of
Palestine (A/68/363) and for his tireless efforts. I would
like to express our appreciation for the support of the
United Nations system for the noble goal of peace
and for the efforts of Personal Representative of the
Secretary-General Robert Serry, of the Office of the
United Nations Special Coordinator for the Middle
East Peace Process, and of the Department of Political
Affairs and all United Nations agencies on the ground
assisting the Palestinian people, including, inter alia,
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hardships of dispossession and exile, including those
resulting from the many crises that have wracked the
region, the most recent being the tragic conflict in
Syria, which has gravely affected the Palestine refugee
community.
The State of Palestine is upholding that commitment,
as reflected in the serious engagement in all stages of
the peace process from the Madrid Conference to its
legitimate actions at the United Nations to safeguard
and promote the rights of the Palestinian people. We
continue to act responsibly, respecting international law
and United Nations resolutions, fully cognizant of the
high risks entailed in a failure to seize the remaining
opportunity for realizing the two-State solution, a point
starkly underscored by the Under-Secretary-General
for Political Affairs in his recent briefing to the Security
Council (see S/PV.7063).
We have thus engaged in over 20 rounds of talks
with Israel in the context of the direct talks resumed
on 29 July 2013, on the initiative of United States
Secretary of State Kerry and with the vital support
of the League of Arab States, as well as the European
Union, the Russian Federation and the United Nations as
members of the Quartet, and all concerned States from
around the world. During the negotiations, Palestine
has maintained focus on the objectives of peace and
coexistence, determined to overcome the obstacles that
have repeatedly undermined the process.
Unfortunately, despite the genuine efforts we are
exerting and despite the international community’s full
support, real progress remains elusive and hopes are
diminishing as the challenges on the ground persist.
Provocative Israeli actions, distractions and declarations
undermine the spirit and aim of the negotiations to
justly resolve all final-status issues — Jerusalem,
the Palestinian refugees, settlements, borders, water,
security and prisoners. That is reflected the most in the
high tensions and mistrust provoked by Israel’s recent
threats to construct thousands more settlement units, in
grave breach of international law, in blatant disregard
for global calls to halt them, and in contradiction of
the basis for resumed negotiations and the goals of the
peace process.
The reality on the ground in occupied Palestine
is critical. Illegal and destructive Israeli actions, be
they by the Government, its occupying forces or its
extremist settlers, are sowing deep doubts about Israel’s
true intentions in the negotiations. Those actions are
reinforcing the notion that it is only using this period
the realization of their inalienable rights and legitimate
national aspirations.
Resolution 67/19 constitutes an important step
towards ensuring the State of Palestine’s rightful place
among the community of nations, as the application
submitted in 2011 by President Abbas for full United
Nations membership regrettably remains pending
before the Security Council. We are certain that the
Assembly’s overwhelming support for this decision
will be considered on the right side of history and
deemed an essential step towards rectifying this
injustice and fulfilling the international covenant in
this regard, 65 years after the adoption of resolution
181 (II) partitioning Mandate Palestine and the onset of
Al-Nakba of the Palestinian people.
We are proud that the support for resolution
67/19 came from all corners of the globe, comprising
countries from every major political and regional
group. That initiative was rightly viewed as a crucial
opportunity to reaffirm support for, and to salvage,
the two-State solution at a time when its viability and
popular conviction in it were being seriously eroded
by the illegal policies of Israel, the occupying Power,
in the occupied Palestinian territory, including East
Jerusalem, the territory constituting the State of
Palestine. It was also an opportunity to reaffirm support
for the Palestinian people’s right to self-determination,
freedom from occupation and the independence of their
State, with East Jerusalem as its capital.
In fact, the global position in support of the two-
State solution — based on the parameters of, inter alia,
the borders of 4 June 1967, Jerusalem as the shared
capital of the two States, and a just, agreed solution for
the Palestinian refugees, in accordance with relevant
United Nations resolutions, the Madrid principles, the
Arab Peace Initiative and the Quartet road map — is the
position to which the Palestinian people and leadership
have been committed for at least a quarter of a century,
since the formal acceptance of the two-State solution
with the adoption of the Declaration of Independence
of the State of Palestine in 1988. That significant
compromise — to establish our State on only 22 per
cent of our historic homeland for the sake of restoring
our rights, achieving our freedom and ending the
conflict — is among the boldest reflections of the
Palestinian commitment to peace and coexistence with
Israel, despite the great injustice endured by our people.
That includes the Palestine refugees, who number over
five million people and continue to suffer the untold
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vandalized churches and mosques and threatened
the sanctity of Al-Aqsa Mosque. The settlers act
with support, protection and incitement from Israeli
officials, who persist in encouraging colonization of
the Palestinian land and in their rejection of the two-
State solution and the rights, and even existence, of the
Palestinian people.
With regard to the situation in the Gaza Strip, it
is condemnable that the inhumane Israeli blockade has
entered its seventh year, in collective punishment of the
entire Palestinian civilian population there and in grave
breach of the Fourth Geneva Convention. The blockade
remains the cause of vast humanitarian suffering,
exacerbating poverty and other socioeconomic ills
and despair. It continues to impede the reconstruction
of thousands of homes and of destroyed civilian
infrastructure and to prevent economic recovery, as
imports remain restricted and exports nearly prohibited.
A water and energy crisis also persists in Gaza. Ninety
per cent of the water is unfit for human consumption,
and power outages of up to 16 hours a day are severely
impairing the function of hospitals, schools, water and
sanitation networks, businesses and home life.
We reiterate our calls for an end to the Israeli
blockade, the illegal colonization of our land, the
collective punishment of our people and the violation
of their human rights, including of the thousands of
Palestinians who remain imprisoned by the occupying
Power and who must be released. Such actions
constitute systematic violations of human rights law
and of are grave breaches of international humanitarian
law, under which our people are entitled to protection.
They are contrary to the good faith required to lead the
negotiations to the achievement of peace.
We reiterate that the two-State solution and Israel’s
settlement campaign are completely irreconcilable
and that such illegal measures cannot be justified
under any pretext. The international consensus is
clear — settlement activities are illegal, constitute the
major obstacle to peace and must be halted. Speaking of
peace while at the same time engaging in its destruction
makes a mockery of the international community’s
support for the two-State solution and sabotages all
efforts in that regard, as does claiming readiness to
negotiate without conditions while actually imposing
conditions on the ground in the form of illegal facts that
entrench the occupation and obstruct peace.
We are at a critical juncture in the long, historic
search for peace, to which the State of Palestine is
to further entrench its illegal settlement enterprise
and de facto annexation of Palestinian land and to
continue its subjugation of the Palestinian people,
while simultaneously attempting to ease international
pressure in that regard.
Over the past year, Israel has intensified its
aggression, colonization and collective punishment
against the Palestinian people, in flagrant breach
of international law, including the Fourth Geneva
Convention, the human rights covenants, and resolutions
of the General Assembly, the Security Council, the
Human Rights Council, the Economic and Social
Council and UNESCO and other bodies, in disrespect
of the advisory opinion of the International Court of
Justice, and in arrogant disregard of international calls
for compliance.
This has included, inter alia, the relentless
construction of settlements and the wall, particularly
in and around occupied East Jerusalem, Bethlehem and
the Jordan Valley. Hundreds of dunums of land have
been confiscated, and Palestinian civilians have been
forcibly displaced; that has especially affected Bedouin
families. Hundreds of homes and properties have been
demolished, heavily targeting Palestinian Jerusalemites
and Area C. There have been violent military raids by
the occupying forces, causing loss of life, injury and
property destruction. Excessive force has been used
against peaceful civilian protesters, and there have
been daily arrests and detention of civilians. More
than 4,000 were arrested in the reporting period alone,
as indicated by the Secretary-General. Nearly 5,000
Palestinians endure continued imprisonment under
horrific conditions and abuse, including hundreds
of children and prisoners stricken with cancer and
prisoners on hunger strike, whose lives are endangered.
A myriad of measures obstruct the movement of
persons and goods, foremost among which is the illegal
blockade of the Gaza Strip. Religious sensitivities are
aggravated, risking the outbreak of religious conflict,
with incessant provocations by Israeli extremists
against holy sites, especially at Al-Haram Al-Sharif,
the detention of the Grand Mufti of Jerusalem, and the
harassment of worshippers, including during Christian
Easter observances and the Muslim holy month of
Ramadan.
Extremist Israeli settlers have continued their
criminal rampages, terrorizing Palestinian civilians,
destroying farmlands and thousands of trees, affecting
the livelihoods of thousands of families. They have
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We are at a crossroads. We reiterate our appeal to
all States, intergovernmental organizations, the United
Nations system as a whole and civil society to extend
the support necessary to realize Palestinian-Israeli
peace, which is all the more urgent in the context of the
dramatic developments in our region.
For its part, the State of Palestine will continue to
act responsibly, upholding its commitment to peace and
cooperating with all international efforts in this regard,
on the basis of its belief in the rule of law and the
international resolve to secure a just solution. Internally,
we will continue to develop our national institutions to
strengthen our State’s foundations, serve our people
and ease their hardships while still under occupation.
We are grateful for the international support of those
efforts, the progress of which is well documented by
the Ad Hoc Liaison Committee for the Coordination of
the International Assistance to Palestinians, the World
Bank and the United Nations, despite the constraints
and setbacks due to Israel’s unlawful actions and the
ongoing financial crisis. We will also continue to
strive for reconciliation, which is so vital for achieving
Palestinian national aspirations.
The Palestinian leadership is determined to bring
an end to the tragedy endured by our people. We are
determined to peacefully achieve the independence of
the State of Palestine, with East Jerusalem as its capital,
on the basis of the pre-1967 borders, to fulfil the
rights of the Palestinian people, including Palestinian
refugees, and to establish peace and security between
Palestine and Israel. We are grateful for the principled
support of all concerned States and peoples worldwide
and urge that no effort be spared to achieve longoverdue
freedom, justice and dignity for the Palestinian
people. In that regard, we appeal for support for the
International Year of Solidarity with the Palestinian
People in 2014 as an important contribution towards
fostering the necessary momentum and political will in
the year ahead to achieve the rights of our people and
make Palestinian-Israeli peace a reality.
Mr. Prosor (Israel): John Fitzgerald Kennedy said
that the great enemy of the truth is very often not the lie
but the myth — persistent, persuasive and unrealistic.
This is the third year that I am standing before the
Assembly to make a statement on this agenda item, and
once again I experience a sense of déjà vu as I listen to
a distortion of history. The greatest legends of Greek
mythology cannot rival the fables and fabrications that
have come to be associated with this debate.
fully committed, as reflected in our adherence to the
resumed negotiations and the parameters of the peace
process upon which international consensus prevails.
The decisions made now will determine whether the
solution of two States — the State of Palestine and State
of Israel living side by side in peace and security based
on the pre-1967 borders — will be achieved, or whether
that solution will be brought to an end by Israel’s illegal
policies.
Our collective effort, no matter how well
intentioned, will fail, with far-reaching consequences,
if Israel persists with the illegal policies of its 46-year
military occupation and continues to undermine the
foundations of a peaceful solution. That will trigger
the onset of alternative efforts, political, legal and
popular, to end the injustice and attain the rights of the
Palestinian people — aspirations that they will never
relinquish.
In order to sustain meaningful negotiations and
overcome the political impasse towards the conclusion
of a peace agreement, the reality on the ground must
be immediately redressed. Israel must tangibly
demonstrate, in word and in deed, its willingness to
end its occupation and make peace. The mentality and
policies of occupation, in all manifestations, must end.
That is imperative to stem the decline of the situation,
shore up popular belief in the possibility for peace,
build trust between the parties and salvage this final
chance for the two-State solution.
In the absence of a change in Israel’s behaviour,
we must continue to call for international action to
compel Israel, the occupying Power, to respect all of
its legal obligations. The message must be conveyed
that Israel must cease all illegal policies and that the
price of occupation is steep, while much is to be gained
from peace. Violations must be met with measures for
accountability. Failure to do so would be a disservice
to the cause of peace, endangering the future of the
Palestinian and Israeli peoples and prospects for peace
and security in the Middle East and beyond.
The time is now for meaningful action to promote a
just and lasting solution that will ensure the attainment
of the inalienable rights of the Palestinian people and
the establishment of peace between Palestine and
Israel. That constitutes the cornerstone of Arab-Israeli
peace, as set out in the Arab Peace Initiative, a historic
initiative for comprehensive regional peace.
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to advancing the peace talks. Shortly after, the
Palestinian Authority (PA) announced that each of
those 26 terrorists would be rewarded with $50,000,
and some will earn as much as Palestinian ministers.
The motto of the PA’s pension plan seems to be “the
more you slay, the more we pay”.
As the PA sings the praises of murderers, the
international community tunes out and mysteriously
loses its voice. I wonder how taxpayers in London or
Luxemburg would feel knowing that their tax dollars
were being used to reward convicted murderers? The
Palestinian leadership has yet to learn an important
lesson. You cannot abuse others and call yourself the
abused. You cannot claim your history is being denied
while denying the history of the Jewish nation.
In Gaza, Hamas is poisoning the hearts and minds
of the next generation. They recently published a
textbook for 50,000 high-school students in which
page after page denies Judaism’s historical connection
to the land of Israel and describes Zionism as racism.
Textbooks should be for education, but Hamas uses
them for provocation, indoctrination and escalation.
Those are just the most recent examples of the
incitement targeting the next generation. Terrorism does
not begin with an attack on a bus or in a pizza parlour.
It begins in classrooms, mosques and day camps where
Palestinian children are being taught prejudice instead
of peace, terror instead of tolerance, and martyrdom
instead of mutual understanding.
That incitement is having deadly consequences.
The number of Palestinian terror attacks against Israel
doubled from 2011 to 2012. Thus far in 2013, there have
been 1,163 terror attacks against Israelis and dozens
of attempted kidnappings. Just over a week ago, Eden
Atias, a 19-year-old Israeli soldier, was stabbed to death
while sleeping on a passenger bus. Eden was the latest
victim of the escalating terror attacks against Israelis.
In September, 20-year-old Tomer Hazan was murdered,
two soldiers were injured in an attack near Nablus and
a 9-year-old girl was stabbed while playing in her front
yard. In October, four Israeli civilians were injured in a
stabbing attack, and Sraya Ofer was brutally beaten to
death outside his home in the Jordan Rift Valley.
All those who claim to be working to advance
peace must remind the Palestinians that there are no
shortcuts. Peace is not achieved by changing a name
plate at the United Nations, by unilateral actions or
by adopting a string of anti-Israeli resolutions, and it
This debate may take place only once a year, but
anti-Israel bias pervades the United Nations system all
year round. In 2012, the Assembly found the time to
adopt 22 resolutions condemning Israel, compared with
only four that single out other nations. The worst human
rights abusers receive a fraction of the condemnation
that Israel — the only democracy in the Middle
East — receives. Those irresponsible actions have
irreversible consequences. The States that rubberstamp
the anti-Israel resolutions every year have given the
Palestinians a false sense of reality and fed their culture
of victimhood.
It has only been one year since the Assembly
voted to change the Palestinian delegation’s status at
the United Nations. To all those who voted in favour
of the resolution (resolution 67/19) last November, I
ask the following. What exactly has changed? Did the
resolution give the Palestinian Authority control over
Gaza? Not in the least. Gaza comprises 40 per cent of
the territory that President Abbas claims to represent,
but he has not set foot in the area in six years. It seems
to me that the Palestinian Authority has been asserting
more control over some United Nations bodies than it
does over the Gaza Strip. Since 2007, Gaza has been in
the hands of Hamas, a terrorist organization that rains
missiles on Israel’s civilians.
Did the resolution adopted last year motivate the
Palestinian Authority to finally hold elections? Not at
all. Perhaps someone in the Assembly should remind
the Palestinian Authority that its mandate expired in
2009 and that one election does not mean you can rule
forever. At the same time, I have to wonder where all
the countries that claim to stand for democratic values
are. They are quick to cast judgment on Israel, but fall
strangely silent when the Palestinians do not cast votes.
Did the resolution adopted last year inspire the
Palestinian Authority to prepare their people for peace?
Not in the least. Rather than teaching their children
tolerance and mutual recognition, the Palestinian
leadership continues to foster a culture of incitement.
Palestinian Media Watch will soon release a report
documenting hundreds of examples of Palestinian
incitement since the peace talks began. One such
example is the football teams named in honour of
terrorists responsible for some of the deadliest attacks
against Israelis. Instead of teaching kids to score goals,
the Palestinian leadership’s goal is to glorify murderers.
Israel recently made the difficult decision to release
26 convicted murderers as part of its commitment
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that the Palestinian people return to the Jewish State.
That is a euphemism for the destruction of the State of
Israel and the single greatest hurdle to achieving peace.
Many in this Hall are convinced that the root of the
Israeli-Palestinian conflict is the settlements. In fact,
from the time that Israel gained its independence in
1948, until 1967, the West Bank was in Jordanian hands
and Gaza in Egyptian hands. Throughout that time
there was not a single settlement, yet the Palestinians
still sought our destruction. Today, just 2 per cent of
the Israeli population lives in settlements, but they
are blamed for 100 per cent of the problems. The math
simply does not add up.
Israel is the ancient homeland of the Jewish people.
It is the birthplace of Abraham, Isaac and Jacob; the
land where Moses and Joshua led the Jewish people
and King Solomon built the Jewish Temple. Israel is
the place where the Bible tells us about David, who
was made king and laid the cornerstone for his palace
in Jerusalem, the eternal capital of the Jewish people.
That was King David from Judea, not King David from
the West Bank, and certainly not King David from
the so-called occupied territories. After all, a person
cannot occupy his own home. And for thousands of
years, Jerusalem served as the capital of the Jewish
people. Three thousand years ago, my ancestors walked
the same streets that my children walk, spoke the same
language that I speak and prayed at the very same
Temple Mount where millions of Jews pray every day.
Yet all of those historical facts are brushed aside.
Instead, all we hear in the Assembly are rants, rhetoric
and biased resolutions. It does not take a fortune teller
to predict the language in those resolutions. After all,
the same text is copied and pasted each year, much of it
dating back five decades. Yet country after country sees
no problem in standing up and parroting propaganda. I
am reminded of words that are sometimes ascribed to
President John F. Kennedy, to the effect that however
big the propaganda may be, if it is repeated often
enough the masses will regard it as the truth.
The draft resolutions being voted on today
(A/68/L.12, A/68/L.13, A/68/L.14 and A/68/L.15)
have no relationship to the facts on the ground. Just
last week the United Nations adopted nine resolutions
condemning Israel. One of them condemned Israel’s
treatment of the Syrian people. Israel’s treatment
of the Syrian people? It is inconceivable that while
Israeli hospitals are treating Syrians who have escaped
Al-Assad’s massacre, the United Nations is denouncing
will not be achieved in Manhattan’s Midtown East, but
rather in the Middle East. So long as the Palestinian
leadership chooses symbolism over pragmatism, it will
be harder to achieve peace.
In a few days, on 29 November, the United Nations
will observe the International Day of Solidarity with
the Palestinian People. Let me take a moment to remind
the Assembly of what really occurred on that day in
history. On 29 November 1947, the General Assembly
adopted resolution 181 (II), which came to be known
as the partition plan. That resolution provided for the
establishment of a Jewish State and an Arab State. The
Jews accepted huge compromises and gave up on dreams
the Jewish people had harboured for generations. But
they welcomed the plan and joyously declared a new
State in their ancient homeland. Chaim Weizmann, who
later became the first President of the State of Israel,
proclaimed,
“It is the profound desire of our people to establish
relations of harmony and mutual respect with their
Arab fellow citizens [and] with the neighbouring
Arab States”.
Rather than accept the partition plan, five surrounding
Arab nations declared war on the newborn Jewish State.
Their intentions were made clear by Azzam Pasha, the
Secretary-General of the League of Arab States, who
said,
“[I]t will be a war of elimination and it will be a
dangerous massacre which history will record
similarly to the Mongol massacre or the wars of the
Crusades.”
The Arabs not only rejected the United Nations
offer of a Palestinian State, they then declared war
against the Jewish State. Since losing that war, they
have perpetuated the Palestinian refugee problem and
still have the audacity to demand solidarity. Broadway
may be down the street in New York, but the real theatre
is here at the United Nations. In this Hall, the Arab
nations shine a spotlight on the Palestinian refugees,
but back home in the Middle East they leave them in the
dark. Since 1948, the Arab States have refused to accept
the Palestinian refugees into their societies, confined
them to refugee camps and passed discriminatory laws.
Resolution 181 (II) speaks of the creation of a “Jewish
State” no fewer than 25 times. And yet today, 66 years
later, has anyone heard Palestinian leaders utter the
term “Jewish State”? Of course not. Palestinian leaders
call for an independent Palestinian State, but they insist
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one where our people can live in security, free from
violence, and where the horizon is ripe with opportunity
and our children can live side by side in peace.
Mr. Dehghani (Islamic Republic of Iran): I have
the honour to address the General Assembly today
on behalf of the Non-Aligned Movement (NAM) on
agenda item 36, entitled “Question of Palestine”.
This important debate coincides with the
commemoration of the International Day of Solidarity
with the Palestinian people. On this day, the
international community reaffirms its continued and
unwavering support for, and solidarity with, the longsuffering
people of Palestine in their national struggle
to achieve the independence of their State, peace and
justice. NAM pays tribute to the resilience of the
Palestinian people in their pursuit of their legitimate
national aspirations, which they have for too long been
unjustly denied.
Following the historic adoption by the General
Assembly of resolution 67/19, of 29 November 2012,
which accorded to Palestine non-member observer
State status in the United Nations, Israel, the occupying
Power, has blatantly intensified its illegal settlement
activities, along with many other unlawful policies
and practices in the occupied Palestinian territory,
including East Jerusalem. The situation continues to
be extremely severe in the Jordan Valley — where
thousands of Palestinians, including hundreds of
Bedouin families, have been displaced and thousands
more are at risk of forced displacement due to Israel’s
illegal colonization — as well as in and around occupied
East Jerusalem, where the occupying Power continues
to pursue measures aimed at the quiet transfer or
depopulation of the indigenous Palestinian inhabitants
and at ensuring a Jewish majority in the city. In that
regard, NAM calls for a complete end to all Israeli
settlement activities, the construction of the wall,
home demolitions, residency revocations, excavation,
including near Al-Haram Al-Sharif, and the closure of
Palestinian institutions in the city.
We condemn Israel’s detention and imprisonment
of thousands of Palestinians, including women and
children, who are subjected to deplorable conditions
of captivity and all forms of ill treatment. We also
condemn the ongoing terror, violence and provocations
by extremist Israeli settlers against Palestinian
civilians and property, including homes, agricultural
lands and Muslim and Christian holy sites. We caution
that such actions are fuelling religious sensitivities,
Israel’s treatment of Syrians. As if that were not enough,
the General Assembly will soon vote on another draft
resolution calling on Israel to hand over the Golan
Heights and its residents to Syria. It is nothing short of
absurd for the United Nations to demand that even more
civilians be subject to Al-Assad’s brutality.
At the United Nations, there are countless resolutions
that delegitimize and demonize Israel. Why do I never
hear anyone speak about all the good work that Israel
is doing for the Palestinians? While the Palestinians
are busy condemning Israel at the United Nations,
Israel is busy supporting the Palestinian economy and
developing its infrastructure. Today, more than 100,000
Palestinians earn their living in Israel, making up more
than 10 per cent of Palestinian gross domestic product.
Israel is also building four electrical substations and
providing more than 1,400 million gallons of clean
water annually. Palestinians receive world-class healthcare
services in hospitals throughout the country. In the
first half of 2013 alone, more than 94,000 Palestinians
received treatment in Israeli hospitals. And we continue
to give, even as our goodwill is knowingly exploited.
While the Israel Defense Forces uncover one terror
tunnel after another, the flow of consumer goods
continues into Gaza uninterrupted. Each day, the State
of Israel delivers 400 truckloads to the Palestinian
people via the Keren Shalom terminal.
In a time of universal deceit, telling the truth
is a revolutionary act — a remark that has been
attributed to George Orwell. The truth is that Israel is
not just speaking about peace; it is demonstrating its
commitment every single day. Peace is a central value
of Israel’s society, and it has been the goal of the Israeli
people and every Israeli leader since the State was
re-established, 65 years ago. We will not be deterred
from that goal. Israel has always extended its hand for
peace, and it will continue to do so for our children
and grandchildren. When we faced an Arab leader who
wanted peace, we made peace. That was the case with
Egypt and with Jordan. We are committed to negotiating
with our Palestinian neighbours so that our two peoples
can live side by side in peace, dignity and freedom.
I call on my colleagues in this Hall not to be
distracted by unilateral efforts and biased resolutions.
Remind the Palestinians to take responsibility and that
the only way to reach a comprehensive peace deal is
through hard work and direct negotiations. Working
together, we in this Hall can all make history by making
peace. Working together, we can author a better future,
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1860 (2009) and all other relevant United Nations
resolutions.
Israel has continued its arbitrary and abusive
imprisonment and detention of thousands of
Palestinian civilians, including children as young as
12 years old, who are being subjected, inter alia, to
forced interrogation, violent beatings, psychological
harassment and humiliation, unhygienic conditions,
solitary confinement, torture, denial of access to
medical care, education, family visits and medical
neglect, leading to death. It is the conviction of the
Movement, as stated in the Declaration on Palestine
Political Prisoners, drafted at the May 2012 Ministerial
Meeting of the Coordinating Bureau of the Non-Aligned
Movement, and adopted by the sixteenth Summit of
the Non-Aligned Movement,held in Tehran in August
2012, that Palestinian prisoners should be immediately
released and their plight addressed by the international
community, particularly the Security Council and the
Human Rights Council.
NAM expresses deep concern at the lack of
progress in the Middle East peace process and regrets
the fact that, even as peace negotiations have resumed,
pessimism is overtaking hope, as every passing day
reaffirms that Israel, the occupying Power, is more
interested in maintaining its control over Palestinian
land than in achieving a just peace. For that objective,
the occupying Power has relied primarily on its
settlement activities — perpetrated in grave breach of
international humanitarian law — in addition to other
unlawful practices aimed at the isolation, separation
and subjugation of the Palestinian people, which
constitute gross human rights violations and collective
punishment.
In that connection, we stress the need for intensified
and coordinated efforts by the international community
to compel Israel, the occupying Power, to cease its illegal
policies and genuinely commit to the peace process
on the basis of United Nations resolutions and longstanding
agreed terms of reference. The international
community must act to prevent a total collapse of the
peace process after so many years of effort and support
for the process, on the basis of a clear foundation rooted
in international law, United Nations resolutions and the
international consensus on the two-State solution, based
on the pre-1967 borders and a just and comprehensive
solution to the plight of the Palestine refugees on the
basis of resolution 194 (III).
which risk further destabilization and must be brought
to an immediate end by the occupying Power, which
bears responsibility for all of the illegal colonization
activities in the occupied Palestinian territory and for
their consequences and must be held accountable for
those crimes.
Israel, the occupying Power, continues the illegal
construction of settlements and networks of Israelionly
bypass roads linking settlements, the confiscation
of vast land areas and the transfer of Israeli settlers to
the occupied Palestinian territory, as it has flagrantly
pushed ahead with its plans to colonize and de facto
annex more Palestinian land, even in the midst of a peace
process. The Non-Aligned Movement remains firm in
its condemnation of Israel’s illegal settlement policies
and practices. We stress that all such unlawful attempts
to alter the demographic composition, character and
status of the occupied Palestinian territory, including
East Jerusalem, are all null and void and have no
validity whatsoever. In that connection, the Movement
calls for urgent action and practical measures by the
international community, in particular by the Security
Council, to compel the occupying Power to cease
completely its settlement campaign in the occupied
Palestinian territory, including East Jerusalem, and
to abide by all of its obligations under international
law, including the Fourth Geneva Convention, United
Nations resolutions, the advisory opinion of the
International Court of Justice (A/ES-10/273) and its
obligations under the road map in that regard.
The sea, air and land blockade of Gaza imposed
by Israel, the occupying Power, entered its seventh
year in June, deepening poverty and despair among
the more than 1.7 million Palestinians living there.
The devastating impact of the illegal blockade and
the repercussions of the trauma, destruction and
displacement inflicted by Israeli military aggression,
particularly in 2008, 2009 and 2012, have continued to
impact every human right and to disrupt every aspect
of life. The blockade constitutes collective punishment
of the entire Palestinian civilian population in Gaza,
which is in grave breach of international humanitarian
law, in particular the Fourth Geneva Convention. In that
regard, the Movement calls upon Israel, the occupying
Power, to promptly and unconditionally end its illegal
blockade of the Gaza Strip and to open all its crossing
points to ensure the regular and sustained movement of
persons and goods, in accordance with its obligations
under international law, Security Council resolution
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majority, the resolution expresses the broad support of
the international community for the establishment of
an independent Palestinian State in the context of the
two-State solution. It also reflects the firm belief of
various segments of the international community that
no alternative exists to seeking peace and stability, in
accordance with the relevant international frameworks,
in order to open new vistas for all the peoples of the
region.
The international community was optimistic
when direct negotiations resumed between the Israeli
and Palestinian sides under the auspices of the United
States. It expressed its full support and encouragement
for the steps taken, which should involve maximum
efforts so as not to squander the opportunity, especially
given the current situation in the Middle East. Any
further setbacks and disappointments can no longer be
tolerated. The members of the League of Arab States
were among the first to support those efforts. The
Arab League hopes that those efforts will culminate in
a comprehensive and lasting solution to the Palestine
question that allows the Palestinian people to regain
its rights, makes possible the establishment of an
independent State along the June 1967 borders, with
East Jerusalem as its capital, and leads to the secure
and peaceful coexistence of all parties in the region.
Unfortunately, that is not what we see on the
ground today when it comes to Israel’s stance, practices
and the provocative statements made by a number of
its officials. That runs counter to the serious approach
needed to achieve the desired peace, and threatens
ongoing negotiations and the prospects for a resolution
between the two sides.
The Israeli settlements are a gross violation of the
rules of international law regulating the legal status of
territories under foreign occupation. They also seek
to change the character of the occupied territories.
That involves the threat of partitioning the Palestinian
territories and their fragmentation, imperilling the
prospects for the establishment of the Palestinian State.
In that context, the Arab Group calls for ending the
settlement activities, which are a gross violation of
the norms of international law, and for adherence to
the United Nations resolutions regarding international
legitimacy and the terms of reference of the peace
process.
We continue to condemn the acts of aggression by
the occupying authorities and by Israeli settlers against
the Palestinians, the confiscation of their land, the
The Movement welcomes all efforts and initiatives
aimed at realizing justice for the Palestinian people and
stresses the importance of the admission of the State
of Palestine as a non-member observer State by the
General Assembly, on 29 November 2012, as well as
its admission as a Member State by the United Nations
Educational, Scientific and Cultural Organization
General Conference. We consider that development
to be a vote of confidence affirming that Palestine
meets the Charter’s criteria for statehood, and that it is
ready and willing to assume its responsibilities under
the Charter of the United Nations. We are optimistic
that the General Assembly’s granting of non-member
observer State status to Palestine will help accelerate
the momentum in the Security Council regarding its
pending United Nations application.
In conclusion, the Movement reaffirms its
unwavering commitment to a just and comprehensive
solution to the Arab-Israeli conflict, with the question
of Palestine at its core, and to the immediate restoration
of the inalienable right of the Palestinian people to
exercise its self-determination and sovereignty in an
independent State of Palestine, with East Jerusalem as
its capital.
Mr. Khiari (Tunisia) (spoke in Arabic): It gives me
great pleasure to speak on behalf of the Arab Group in
the debate on agenda item 36, regarding the question of
Palestine, which coincides with the commemoration of
the International Day of Solidarity with the Palestinian
People. This is an important occasion, at which the
international community reiterates its solidarity with,
and support for, the fraternal Palestinian people in
its long struggle to achieve its legitimate aspirations
to self-determination, to live in dignity, peace and
stability and to build its independent State.
I would like to thank Ambassador Diallo, Chairman
of the Committee on the Exercise of the Inalienable
Rights of the Palestinian People, for his statement and for
introducing the various draft resolutions on Palestine.
We also thank the ambassador of Malta for introducing
the Committee’s report (A/68/35). We would also like
to thank Secretary-General Ban Ki-moon for his report
on the peaceful settlement of the question of Palestine
(A/68/363).
The Assembly’s adoption of resolution 67/19 at this
time last year, which accorded Palestine the status of
a non-member observer State at the United Nations,
was a very important landmark in the history of the
Palestinian people. Adopted by an overwhelming
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water and the release of Palestinian prisoners and
detainees”.
Finally, I cannot but reaffirm the fact that the Arab
Group is committed to achieving a just, durable and
comprehensive solution to the Arab-Israeli conflict on
all tracks, foremost of which is the Palestine question.
The Group reiterates that there is a need to restore
all the Palestinian people’s legitimate and inalienable
rights to self-determination, within an independent,
sovereign State within the June 1967 borders and with
East Jerusalem as its capital.
The President: I now give the floor to the observer
of the European Union.
Mr. Vrailas (European Union): I have the honour
to speak on behalf of the European Union. The
candidate countries the former Yugoslav Republic of
Macedonia, Montenegro and Serbia; the countries of
the Stabilization and Association Process and potential
candidates Albania and Bosnia and Herzegovina; the
European Free Trade Area country Liechtenstein, a
member of the European Economic Area, as well as
Ukraine and the Republic of Moldova, align themselves
with this statement.
The European Union has long argued that the
historical changes under way in the Middle East made
the need for progress on the Middle East peace process
all the more urgent. We remain convinced that now is
the time for the Palestinians’ aspirations for statehood
and sovereignty and the Israelis’ for security to be
fulfilled through a comprehensive, negotiated peace
based on the two-State solution and ending all claims.
For that reason, the European Union warmly welcomed
the resumption of direct negotiations between the
parties and commended the bold leadership shown by
President Abbas and Prime Minister Netanyahu. We
also commended the fundamental role played by the
United States, and the dedication of Secretary of State
John Kerry and the important support expressed by the
League of Arab States.
We also stressed the importance of the fact that
the resumption of negotiations would lead to tangible
and timely progress, a point that is even more relevant
today. The two parties need to remain committed
to the negotiation process and should refrain from
actions that could undermine the prospects for peace.
We call on both leaders to continue to show the bold
leadership needed to overcome the challenges ahead
and to take the difficult decisions that are necessary if
demolition of their homes and the infringement of their
most fundamental rights, including those of prisoners
and detainees. Such practices are, in the opinion of
segments of the international community, a breach
of international legitimacy, and a blatant challenge
to the principles of human rights and international
humanitarian law. The Arab Group also condemns the
repeated acts of aggression by the occupation authorities
and Israeli settlers against Al-Quds Al-Sharif and its
Christian and Islamic landmarks. Israel is seeking to
alter its geographic and demographic character, in
addition to desecrating Islamic and Christian houses
of worship — especially the Al-Aqsa Mosque — and
abusing their visitors.
The Group calls for the total lifting of the stifling
Israeli embargo imposed on Gaza since 2007. We
must put an end to the serious and tragic economic
repercussions for the Palestinian population, including
women and children, resulting from it, which deprives
it of the most rudimentary possibilities of earning a
decent livelihood.
The Arab Group affirms the contents of the
statement issued by the meeting of the Ministerial
Committee for the Arab Peace Initiative held last week
in Kuwait. The Committee reiterated
“its support for the resumed negotiations, while
warning of the risks resulting from the continued
acts of aggression and practices of Israel, including
the settlement policies, which risk derailing the
current negotiations. The Committee calls on the
United States and other members of the Quartet
to compel the Israeli Government to cease all
its destructive policies and practices, which are
detrimental to the current path of negotiations and
the peace process”.
The Arab Group recalls the fact that the Committee
reiterated that it was
“committed to the principles, contents and terms
of reference of the Arab Peace Initiative to achieve
just peace in the region based on international
law and the relevant resolutions of the United
Nations — putting an end to the Israeli occupation
of Palestinian territories and establishing an
independent Palestinian State along the June 1967
borders and with East Jerusalem as its capital,
thereby resolving all final-status issues, including
concerning borders, security, Jerusalem, refugees,
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Area C. Social and economic developments in Area C
are of critical importance for the viability of a future
Palestinian State, since Area C is its main land reserve.
The European Union remains the largest donor to
the Palestinian Authority and has constantly encouraged
and supported the Palestinian State-building process.
However, we are particularly concerned with the slowing
economic development in the Palestinian territory and
the difficult fiscal situation that is producing. We will
continue to play our part. At the same time, we call on
other donors, especially those in the region, to increase
their financial support to the Palestinian Authority.
The European Union followed with great concern
the hostilities that affected the Gaza Strip and Israel
in November 2012, and regretted the loss of civilian
lives on both sides. We renew our condemnation in the
strongest terms of any violence deliberately targeting
civilians. We welcomed the ceasefire that put an end to
those hostilities, and we urge all parties to fully comply
with its provisions.
At the same time, we must recognize and underline
that the present situation in Gaza is unsustainable and
will remain so as long as it remains politically and
economically separated from the West Bank. Fully
recognizing Israel’s legitimate security concerns,
including with regard to vital threats in the region, and
expressing its appreciation for some recent positive
measures by Israel with regard to the opening of the
crossings for commercial goods, the European Union
continues to call for the immediate, sustained and
unconditional opening of crossings for the flow of
humanitarian aid, commercial goods and persons to and
from the Gaza Strip. To that end, the European Union
calls for the full implementation of Security Council
resolution 1860 (2009), full respect for international
humanitarian law and the full implementation of the
2005 Agreement on Movement and Access.
The European Union also continues to call for
intra-Palestinian reconciliation behind President Abbas
in line with the principles set out in his speech of 4 May
2011, as an important element for the unity of a future
Palestinian State and for reaching a two-State solution.
Mr. Beck (Solomon Islands), Vice-President, took the
Chair.
In conclusion, the European Union reaffirms its
commitment to the two-State solution. We have before
us a historic opportunity to reach an agreement to
finally end this conflict. We are convinced that such
a comprehensive agreement is to be reached within the
nine-month agreed time frame.
The European Union will continue to remain
supportive of the process and committed to ensuring
its success. As negotiations progress, we intend to
give further concrete form to our support, in line with
what will be agreed by the parties. We will continue to
contribute, together with other regional and international
partners, including within the Quartet, to a negotiated
solution on all final-status issues, including Jerusalem,
borders, security, water and refugees. In so doing, we
will continue to be inspired by our clear positions with
regard to parameters, principles and issues, including
those expressed in the conclusions of the Foreign Affairs
Council of December 2009, December 2010, May 2011,
July 2011, May 2012, December 2012 and July 2013,
which I would like to reaffirm on this occasion.
The European Union deplores the recent Israeli
decisions to advance settlement expansion in East
Jerusalem and the West Bank. Our position is clear:
settlements, the separation barrier where built on
occupied land, the demolition of homes and evictions
are illegal under international law. Such activities
constitute an obstacle to peace and threaten to make
a two-State solution impossible. The European Union
reiterates that it will not recognize any changes to the
pre-1967 borders, including with regard to Jerusalem,
other than those agreed by the parties. All settlement
activity, including in East Jerusalem, should cease
immediately. New construction plans should be
abandoned. All outposts erected since March 2001
should be dismantled. A way should be found through
negotiations to resolve the status of Jerusalem as the
future capital of two States.
The European Union is also gravely concerned
about the serious limitations on the Palestinian
Authority with respect to promoting the economic
development of Palestinian communities in Area C
and about their worsening living conditions. The
European Union and its member States are particularly
concerned by the instances of collective demolitions
in recent months, often resulting in the displacement
of Palestinians, including Bedouin communities. We
are convinced that Palestinians require access to a
fair planning and zoning regime so as not to resort to
building without an Israeli permit, which can lead to
demolitions. We also reiterate our call for Israel to work
together with the Palestinian Authority to allow more
access to, and control by the Palestinian Authority over,
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We call on the international community to put
pressure on Israel to unconditionally cease its aggressive
practices and its illegal blockade of Gaza, to open
all border crossings and to stop all illegal settlement
activities in the occupied territories. We urge Israel
to put an end to its repeated attacks on the Al-Aqsa
Mosque and its attempts to alter the geographic and
demographic nature of Jerusalem and to comply with
Security Council resolutions 242 (1967), 338 (1973),
1397 (2002), 1515 (2003) and 1860 (2009), which call
for Israel to withdraw from all territories occupied in
1967.
In that context, we call for the immediate release
of all Palestinians detained in Israeli jails, specifically
the sick and the children, as well as those detained
before the Oslo Agreement. We call on the international
community to put pressure on Israel to ensure the fair
treatment of Palestinian prisoners in accordance with
international law, the Fourth Geneva Convention and
international humanitarian law, as a first step towards
their release.
We call on Israel to implement Security Council
resolution 497 (1981), which calls for Israel to withdraw
from the occupied Syrian Golan to the pre-June 1967
borders.
We also support the brotherly country of Lebanon
and its efforts to protect its security and to preserve its
territorial integrity. We call on Israel to put an end to its
aggression against Lebanon from the land and the air
and to withdraw from all occupied Lebanese territories,
in accordance with Security Council resolution 1701
(2006).
In conclusion, we support all legitimate aspirations
of the brotherly and steadfast Palestinian people. The
people of Kuwait and its leadership will continue to
provide political, moral and financial support to the
brotherly people of Palestine in order to put an end to
the Israeli occupation and to establish a Palestinian
State, with Al-Quds Al-Sharif as its capital, in
accordance with the provisions of international law
and international terms of reference. We hope that the
Palestinian State will soon become the 194th State
Member of the United Nations.
Mr. Reyes Rodríguez (Cuba) (spoke in Spanish):
Cuba welcomes the report of the Committee on the
Exercise of the Inalienable Rights of the Palestinian
People (A/68/35) and fully associates itself with the
statement made earlier by the representative of the
an agreement would open the door to deepened and
enhanced cooperation between the European Union
and all the countries of the region, thereby contributing
to the prospect for a new era of peace, security and
prosperity.
Mr. Alotaibi (Kuwait) (spoke in Arabic): At the
outset, we wish to align ourselves with the statement
delivered by the representative of Tunisia on behalf
of the Arab Group and the statement made by the
representative of the Islamic Republic of Iran on behalf
of the Movement of Non-Aligned Countries.
The General Assembly debate on this important
item coincides with the commemoration of the
International Day of Solidarity with the Palestinian
People and the first anniversary of resolution 67/19, on
the recognition of Palestine as a non-member observer
State at the United Nations. In that context, we express
our thanks and appreciation to the Secretary-General
and the various United Nations entities, in particular
the Committee on the Exercise of the Inalienable Rights
of the Palestinian People and the Special Committee
to Investigate Israeli Practices Affecting the Human
Rights of the Palestinian People and Other Arabs of the
Occupied Territories.
We support all regional and international efforts
to reach a final solution, especially the ongoing
negotiations between the Palestinian and Israeli sides to
achieve a solution on all final-status issues, including
borders, settlements, water, Jerusalem, refugees and
security. We commend the United States for its role in
facilitating the resumption of negotiations. However,
Israeli practices may undermine the possibility of
reaching a final solution. Israel continues to build new
settlement units and to expand existing settlements
in complete disregard for its international obligations
and for the calls of the international community to end
those illegal practices, which contravene the Fourth
Geneva Convention of 1949. The Israeli Government
also continues to confiscate land and to restrict
the movement of people and goods by dividing up
the Palestinian territories. The economic blockade
imposed by Israel on Gaza has entered its seventh
year, exacerbating the suffering of the Palestinian
people. The fact that thousands of Palestinian citizens,
including women and children, remain in Israeli jails
also contravenes international law and international
humanitarian law and is a major source of continuing
tension in the region.
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were interrelated and formed part of an overall
pattern of violations that was primarily characterized
by the denial of the right to self-determination and
institutionalized discrimination against the Palestinian
people.
The aggressive acts of Israeli settlers against
Palestinians in the West Bank and East Jerusalem
continue. The illegal contruction of the wall in the
occupied West Bank continues, in violation of the
advisory opinion of the International Court of Justice
of 9 July 2004 (see A/ES-10/273). The restrictions have
caused severe losses to the majority of the population,
who do not have access to medical, educational and
social services or the markets and holy sites in East
Jerusalem.
During the period covered by the report of the Fact-
Finding Mission, Israel carried out the demolition of
at least 594 Palestinian-owned structures, displacing at
least 924 people. During the reporting period, Israeli
forces killed at least 196 Palestinians and injured more
than 1,600 people in the Gaza Strip. In addition, Israeli
forces caused the deaths of 20 Palestinians and injured
more than 4,200 people in the West Bank and East
Jerusalem during clashes.
The restrictions on the movement of people and
goods from and to the Gaza Strip continued to cause a
deterioration in the living conditions of the 1.7 million
Palestinian residents, including women and children.
I have mentioned only some of the alarming data
provided to us by the recent report of the Committee on
the Exercise of the Inalienable Rights of the Palestinian
People, which vividly depicts the serious violations that
Israel continues to perpetrate against the Palestinian
people.
Cuba renews its strong condemnation of those
actions and of Israel’s illegal occupation of the
Palestinian territories, including East Jerusalem. Cuba
demands that the occupying Power immediately halt
its acts of aggression. The international community
must not remain unmoved any longer at the continued
deterioration of the situation and must take action to
ensure that the relevant resolutions of the General
Assembly and the Security Council are respected.
The Security Council must take the responsibility
incumbent upon it and must accept, without any further
delay, the request made by the State of Palestine in
2011 for recognition as a State Member of the United
Islamic Republic of Iran on behalf of the Non-Aligned
Movement.
With today’s debate we add to the long list of
discussions in the United Nations on the question of
Palestine that have not led to an effective solution that
can put an end to Israel’s crimes against the Palestinian
people and that will make it possible for them to fully
exercise their inalienable right to self-determination in
a fully independent State of Palestine.
Israel, the occupying Power, continues to defy
the international community by persisting in its
transgression of international norms and treaties and
in its non-compliance with General Assembly and
Security Council resolutions.
The report of the Committee on the Exercise of
the Inalienable Rights of the Palestinian People notes
the worsening situation in the region, in particular in
the occupied Palestinian territories, including East
Jerusalem. That is particularly as a result of Israel’s
excessive use of force against the Palestinian civilian
population and the many other illegal policies and
practices, such as the expansion of Israeli settlements,
continuing human rights violations and collective
punishment, which cause the Palestinian people
immense suffering.
On 29 November 2012, the General Assembly
adopted by an overwhelming majority resolution 67/19,
which granted Palestine the status of non-member
observer State at the United Nations. That led to
Israel’s announcement of its intention to build more
than 3,000 housing units in the occupied territories,
including in occupied East Jerusalem, and to withhold
from Palestine the tax and customs revenue collected
on behalf of the Palestinians.
Cuba reiterates its condemnation of the ongoing
expansion of all illegal Israeli settlements in the occupied
Palestinian territories, including East Jerusalem, as
well as the continuing violation of Security Council
resolutions and the Fourth Geneva Convention.
The Independent International Fact-Finding
Mission on the implications of the Israeli settlements
on the civil, political, economic, social and cultural
rights of the Palestinian people throughout the occupied
Palestinian territory, including East Jerusalem,
appointed by the Human Rights Council, concluded that
the settlement policy contravened a multitude of human
rights of the Palestinian people and that the violations
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work of the Secretary-General and the Committee on
the Exercise of the Inalienable Rights of the Palestinian
People.
My delegation thanks the Secretary-General for
the compilation of his report (A/68/363), in accordance
with resolution 67/23, and we thank the Committee of
for its report (A/68/35).
Next Friday will mark the International Day of
Solidarity with the Palestinian People. I wish to reiterate
the solidarity of my Government and that of the people
of Maldives with the Palestinian people’s inalienable
right to self-determination. The Maldives will remain
steadfast in support of Palestine, and we will not falter
in our condemnation of the serious injustices being
committed in the occupied territories. The political
and religious authorities of both sides need to ensure
that the cultural and religious rights of all people are
respected, and that the right to live free from fear and
abuse is respected.
It has been 66 years since the General Assembly
adopted resolution 181 (II), on the partition of Palestine.
Yet we still find ourselves in this Hall today expressing
our concerns about how little progress has been made.
The situation has become a never-ending conflict that
takes place not only on the battlefield but on city streets
and in the homes of innocents.
The Secretary-General’s report notes that, during
the previous reporting period, 338 Palestinians were
killed, including 232 Palestinian civilians and eight
Israelis. Those figures not only represent an increase
in the violence of an ongoing conflict, but demonstrate
the true nature of the conflict. Although this is a
war zone, it is not a war: it is an occupation. It is the
disenfranchisement of a nation to exist and of a people
to be free. It is the theft of their economic right to
prosper and their right to hope for a brighter future.
We have not given up hope. Our Government
welcomed the resumption of Israeli-Palestinian peace
talks in August with the active mediation of the United
States. In that regard, my delegation commends the
Arab Peace Initiative, the Government of Egypt,
the United States and the United Nations for their
exemplary leadership. My delegation is fully in line
with the principled position that a permanent settlement
of the question of Palestine can be reached only by
ending the occupation that began in 1967, achieving the
independence of the State of Palestine on the basis of
the pre-1967 borders, with East Jerusalem as its capital,
Nation. That is the express wish of the overwhelming
majority of the States that make up the Organization.
The passivity of the Security Council before Israel’s
crimes, owing to the threat or the use of the veto by one
of its permanent members, is the highest expression of
hypocrisy on the part of those who are self-appointed
paragons in defending and respecting human rights
when it comes to criticizing or punishing developing
countries that disagree with their policies or defy the
political, social or economic order they want to impose.
Cuba supports the initiative of the Committee on
the Exercise of the Inalienable Rights of the Palestinian
People to have the General Assembly proclaim an
international year of solidarity with the Palestinian
people in order to increase international awareness of
the cause.
Before I conclude, I wish to commend, on behalf
of Cuba, the decision of Guyana and El Salvador to
establish diplomatic relations with the State of Palestine.
Furthermore, Cyprus, Denmark, Finland, Lithuania
and Switzerland have decided to give the Palestinian
delegations in their countries the status of embassies or
a similar entity.
Just a few days ago, we bore witness to a
historic moment in the General Assembly, when the
representative of the State of Palestine participated for
the first time in an election in this organ (see A/68/
PV.53). Cuba congratulates the Government and the
people of Palestine for that event, which is a new
step towards what should be the final objective, that
is, the participation of the State of Palestine as a full
Member of the United Nations. Cuba will continue
to support the Palestinian people in their legitimate
struggle for justice, peace, dignity and the right to selfdetermination.
We also reiterate our desire for peace
for the rest of the peoples of the Middle East.
Mr. Waheed (Maldives): Last week, the State of
Palestine cast its first ballot in a General Assembly
election (see A/68/PV.53). It was a symbolic step
by a nation determined to become a full Member of
the Organization. It was one step of many towards
recognition. No matter how long it takes or how
difficult the path, the Republic of the Maldives will
walk shoulder to shoulder with our Palestinian brothers
and sisters. The vast majority of the United Nations
membership supports Palestine in that journey. The
work of the Organization will continue to support the
aspirations of its people, as manifested today in the
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day ... Israeli settlers in the West Bank consume
approximately six times the water consumed by
Palestinians” (A/68/35, para. 37).
The expansion of settlements is detrimental to the
peace process and undermines the basis for a future
Palestinian State. Yet the Government of Israel has
approved the construction of approximately 24,000
residential units in the occupied territories and has
retroactively legalized others. Under international
law, settlement activity in the occupied Palestinian
territory, including that in East Jerusalem, is illegal.
The Government of Israel, however, continues to issue
construction tenders for housing units that will stop the
development of the Palestinian people. Furthermore,
they refuse to act when illegal construction takes place
on the private property of Palestinians. The Republic
of the Maldives strongly condemns those actions.
We furthermore condemn the unjust demolition and
evictions that took place in Area C and resulted in
the displacement of some 907 individuals, including
458 children. In the interests of pursuing meaningful
negotiations and a lasting peace, it is up to the
occupying Power to cease all illegal activity in the
occupied territories.
The Maldives commends the efforts made by the
Palestinians to advance their State-building programme
despite the serious budget deficits and restrictions
imposed by the occupying Power. The Maldives
believes unequivocally in the need for an independent,
free and sovereign Palestinian State. We also believe in
the right of Israel to security, safety and peace. It is the
occupation that is the problem for both nations. It is the
occupation that perpetuates hatred, fear and violence.
We, the States Members of the United Nations, beat
this drum year after year, and we make little progress.
The ancestors of those two nations built the pyramids
in less time than we have taken to find a just and lasting
solution to this question. Generations have lived under
oppression and fear. It is our hope that this is the last
generation — the one that will see the end of this
journey.
Mrs. Nusseibeh (United Arab Emirates) (spoke
in Arabic): On the occasion of the International Day
of Solidarity with the Palestinian People, I would first
like to emphasize a message from His Highness Sheikh
Khalifa Bin Zayed Al Nahyan, President of the United
Arab Emirates, to the Chair of the Committee on the
Exercise of the Inalienable Rights of the Palestinian
People, regarding the firm position of the Government
and achieving a just and agreed solution to the Palestine
refugee issue on the basis of resolution 194 (III).
The unfortunate reality, however, is that a
comprehensive solution is still years away. We believe
in a two-State solution, but expert after expert has told
us at the United Nations that the window for such a
solution is closing. It is being closed by new settlements
changing the demographics of Palestine. It is being
closed by an economic embargo meant to leave a people
destitute. It is also being closed by a refusal to grant
Palestinians access to Palestinian land.
Discriminatory practices by the occupying Power
have had a devastating impact on the most vulnerable
and have had dire impacts on social and economic
sectors, as well as on Palestine’s natural resources and
its environment. The 1993 Oslo Accords stipulated that
area C of the West Bank was to be transferred to the
Palestinian Authority by 1998. That has not happened.
The World Bank released a report last month that attests
that the refusal is costing the Palestinian economy
$3.4 billion.
The occupation is one that inherently leads
Palestine to being poor and dependent on foreign
aid. The occupation makes it a breeding ground for
extremism. The occupation also stands in the way of
every measure that would afford them an ounce of
dignity, and it is perpetuating a cycle of oppression that
has already lasted generations.
There has to be a way forward. There has to
be compromise. Despite the advisory opinion of
the International Court of Justice on 9 July 2004
(A/ES-10/273), the occupying Power continues with the
illegal construction of the wall in the occupied West
Bank and around occupied Jerusalem. The wall is
estimated to be twice the length of the 1949 armistice
demarcation line and would isolate and entrap 11,000
Palestinians, who would then be dependent on the
occupying Power granting them permits to them to live
in their own homes.
Underground and surface water resources are
almost exclusively controlled by the occupying Power.
The report of the Committee states that
“approximately 1 million Palestinians in 492
communities in the West Bank access or consume
60 litres of water per capita per day or less,
significantly below the World Health Organization
recommendation of 100 litres per capita per
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and concrete measures to force Israel to immediately
cease all its illegal settlement activities.
The economic and social conditions in the occupied
Palestinian territories have deteriorated severely owing
on the one hand to ongoing Israeli practices and on
the other to the Palestinian Authority’s inadequate
resources. We hope that donors will provide more
emergency aid to the Palestinian people and continue
their development assistance contributions in a timely
manner, in order to enable the Palestinian Authority to
overcome its current financial crisis and alleviate the
negative effects of the occupation.
In closing, my delegation, which is a sponsor of the
four draft resolutions (A/68/L.12, A/68/L.13, A/68/L.14
and A/68/L.15) under this agenda item in the General
Assembly, believes that a just, comprehensive and
lasting peace in the Middle East is the only strategic
option for countries that support peace and stability in
the region. That cannot be achieved without addressing
the root causes of the Arab-Israeli conflict, including
Israel’s withdrawal to the pre-June 1967 borders, and
the establishment of an independent Palestinian State
with full sovereignty and East Jerusalem as its capital.
Mr. Alrowaiei (Bahrain) (spoke in Arabic): I
would like to take the opportunity afforded by the
forthcoming International Day of Solidarity with the
Palestinian People to reiterate Bahrain’s support and
backing for the Palestinian people in their just journey
towards recovering their inalienable rights and creating
an independent State on their national territory with
Jerusalem as its capital, so they can be like all other
peoples.
In this context, His Majesty King Hamad bin Issa
Al Khalifa of Bahrain has sent a letter to the Committee
on the Exercise of the Inalienable Rights of the
Palestinian People in which he urges the international
community to remain vigilant and to monitor the
situation carefully so as to bring an end to all activities
resulting from Israeli practices that might impede or
hamper negotiations — to the illegal settlement activity
in the occupied Palestinian territories, especially
Jerusalem; to the repeated Israeli attacks on religious
sites, especially the Al-Aqsa Mosque; and to the unjust
blockade of Gaza. It is also important that negotiations
ensure that all religious sites are treated equally. His
Majesty also noted that it is a propitious time to achieve
a just and lasting peace.
and people of the United Arab Emirates on supporting
the State of Palestine until its territories and all its
legitimate rights, including the right of return and selfdetermination,
are fully restored, and it is established
as an independent State with Jerusalem as its capital. I
would also like to take this opportunity to express our
appreciation and continued support for the Committee
and its efforts to advance the Palestinian cause and
promote a peaceful solution to all the aspects of the
issue, in accordance with the decisions of international
law.
My delegation welcomes the Palestinian delegation’s
participation, for the first time since the establishment
of the United Nations, in a vote in a General Assembly
election (see A/68/PV.53). We regard it as a significant
and historic step and look forward to its culmination
soon in international recognition of Palestine as a full
Member and independent State of the United Nations,
like all others.
The United Arab Emirates strongly supports all
the positive regional and international political efforts
that for decades have attempted to achieve a peaceful,
fair settlement of the Palestinian question, including
those made recently by the United States, leading
three months ago to the resumption of direct political
negotiations between the Palestinian and Israeli sides
with a view to reaching a final peace agreement settling
all the core issues. In that connection, my delegation
emphasizes the essential role played by the United States
in resuming negotiations. However, if negotiations fail
we cannot go back to square one.
We also emphasize the importance of the
commitment on the part of Israel, the occupying
Power, to lifting the unjust siege imposed on the Gaza
Strip, releasing thousands of Palestinian detainees and
withdrawing from all occupied Palestinian territories.
That is a prerequisite for creating an environment
conducive to continuing the negotiations and reaching,
within the nine-month deadline, an acceptable peace
agreement based on a two-State solution and peaceful
coexistence and that complies with the relevant United
Nations resolutions, the Arab Peace Initiative and the
agreed principles of the peace process. We strongly
condemn Israel’s ongoing settlement activities, and
hold the Israeli Government responsible for the current
breakdown in negotiations and other efforts aimed at
achieving a just settlement of the issue. Now more than
ever, we urge the international community, especially
the Quartet and the Security Council, to take serious
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respect for the road map, the principle of land for peace,
and the Arab Peace Initiative. The International Day of
Solidarity with the Palestinian People closely reflects
the aspirations and the feelings of the international
community towards the brotherly Palestinian people.
Mr. Masood Kahn (Pakistan): Resolution 67/19,
adopted last year, is a landmark in the struggle of
the Palestinian people to realize their right to selfdetermination.
The resolution sparked the dream that
an independent State of Palestine would soon emerge
on the map of the world. Today we express once again
our solidarity with the Palestinian people.
Earlier this year, hopes for a State of Palestine were
revived with the reactivation of the peace process. In
that regard, we pay tribute to the United States Secretary
of State, Mr. John Kerry, whose persistent and resolute
diplomacy brought the Palestinian Authority and the
Israeli Government back to the negotiating table. What
we have seen in the past five months is that the dialogue
between the two sides is fragile. Despite that, we must
not lose hope. The talks should not break down. We
understand and respect the vow of secrecy between
the sides on the sensitive and difficult negotiations
they are conducting. Public signs about those talks
are, however, not very encouraging. The resignations
of the Palestinian negotiators point to serious problems
behind closed doors.
There are four obstacles to the success of the
negotiations that must be removed.
First, the two sides, the people of Israel and
Palestine, and not just their official representatives,
should believe in and support a two-State solution.
Two independent States, Palestine and Israel, with their
border drawn as it existed before the 1967 war, should
plan to live side by side in peace and security. East
Jerusalem, Al-Quds Al-Sharif, will be the Palestinian
State’s capital.
A two-State solution is the best solution on the
table. All others — a binational State or a unitary,
singular State —are mirages that would further fracture
the two States and shatter all hopes for peace. The
vision of the two-State solution should be owned and
backed by multiple religious communities and secular
constituencies on both sides. To that end, the leaders
on both sides have to inspire and instil confidence.
Palestine and Israel must heed Secretary Kerry’s call
for a sense of urgency, because if no progress is made in
the nine-month talks, the window of opportunity will
The international community should therefore step
up its efforts to make the Israeli-Palestinian negotiations
a success, and we hope that we will be able through
negotiations to rapidly put an end to the conflict. We
have no doubt that the creation of an independent
Palestinian State that is lasting and viable, living
side by side with Israel, within safe and recognized
borders, is an urgent matter and can be achieved.
That is especially true following the adoption by an
overwhelming majority of resolution 67/19, granting
Palestine the status of non-member observer State in a
mark of support for the struggle of the brave Palestinian
people. His Majesty the King has also stated that those
are feasible and legitimate aspirations insofar as the
United Nations is working for a just and lasting peace
with the support of all its Member States, and that we
will achieve our objective through the creation of two
States living side by side in peace and cooperation with
each other.
We thank Ambassador Diallo, Chair of the
Committee on the Exercise of the Inalienable Rights
of the Palestinian People, and all members of the
Committee for their diligent and praiseworthy efforts
to draft the report before us (A/68/363). We highly
appreciate their efforts to enable the Palestinian people
to exercise their inalienable rights, as recognized by
the General Assembly in 1974. The Security Council
resolutions of 1967 also recognized the inalienable
rights of the Palestinian people and all Arabs in the
occupied Palestinian territories.
We would also like to thank the Chair for raising the
awareness of the international community with regard
to the suffering and needs of the Palestinian people,
and for all media activity within the framework of the
General Assembly, including the awareness-raising
and training programme for Palestinian journalists
held last year, which shed light on various aspects
of developments and progress related to the issue of
Palestine and the Middle East peace process.
The report before us contains detailed information
that reflects the deterioration of the situation in the
occupied Palestinian territories. That deterioration is
ongoing, day after day, and includes constraints and
limitations on the freedom of movement, closures, the
blockade of Gaza, and the continued building of the wall
of separation by Israel. A just, comprehensive and lasting
peace is a strategic option that will require the adoption
of United Nations resolutions and the implementation
of all relevant documents and resolutions, including
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territories. The Quartet should also become more active
in supporting the peace process. Pakistan believes that
the resolution of the Arab-Israeli conflict, including
through the Israeli withdrawal from Lebanese
territories and the Syrian Golan, is the only guarantee
of sustainable peace in the region.
The Palestinian Authority undertook the ambitious
task of building infrastructure and institutions for the
future Palestinian State three years ago. They have made
considerable progress towards achieving that objective,
but there is still a long way to go. The international
community must step forward to help the Palestinians
more vigorously in that endeavour.
Palestine sits at the United Nations today as a State
and was able to vote in the General Assembly for the
first time last week (see A/68/PV.53). This is a reality
that must be recognized by all. There is no alternative.
The sooner this realization sinks in, the less will be the
suffering on all sides and the better it will be for the
peace and stability of the region.
Mr. Al-Naama (Qatar) (spoke in Arabic): Allow
me at the outset to thank President Ashe for having
convened this meeting and to extend my thanks to the
Committee on the Exercise of the Inalienable Rights of
the Palestinian People for its efforts to ease the suffering
of the Palestinian people and to ensure that all of their
rights are restored. I pay tribute to the important role
played by the Division for Palestinian Rights for its
efforts to that end.
We align ourselves with the statements made by the
representatives of Tunisia on behalf of the Arab Group
and of the Islamic Republic of Iran on behalf of the
Non-Aligned Movement.
This year, we are celebrating the first anniversary
of the historic decision of the General Assembly to
grant the State of Palestine the status of non-member
observer State. That historic decision repaired a great
injustice done to the Palestinian people. It was also
in keeping with the ultimate objective of creating a
Palestinian State within the pre-1967 borders, with East
Jerusalem as its capital, in order to restore the rights of
the Palestinian people and work for lasting peace in the
Middle East.
We have always stated that the only viable solution
is a two-State solution on the basis of the Madrid terms
of reference, the concept of land for peace, the road
map and the Arab Peace Initiative. The achievement of
start to close and the peace process will plunge back
into free fall and uncertainty.
Secondly, Israel must roll back its plans for
expanding illegal settlements. The Secretary-General,
in his report entitled “Peaceful settlement of the question
of Palestine” (A/68/363), maintains that settlements are
illegal under international law and has warned that the
situation on the ground presents a growing cause of
concern over the viability of a two-State solution. Israel
knows that those settlements are the single biggest
impediment to peace talks. Yet on 3 November, it chose
to announce plans for over 1,700 units, followed by
plans for the construction of another 20,000 units in the
West Bank, including in the E-1 area.
That frantic surge in settlements should be halted
to give the talks a chance to succeed. In that regard,
we urge the United States to use its special relationship
and influence with Israel. That is also necessary
to prevent the Palestinian State from turning into
disjointed enclaves. The new Palestinian State must
have a geographically viable, contiguous territory. We
welcome the release of Palestinian prisoners by Israel,
but regret that the impact of that gesture has been
neutralized by the announcement of new settlements.
Thirdly, dispossessions in the occupied territory,
especially in East Jerusalem, must be stopped. The
report of the Committee on the Exercise of the
Inalienable Rights of the Palestinian People (A/68/35)
registers a significant increase in demolitions and
displacements. The number of people displaced from
East Jerusalem in the first eight months of 2013 was
more than the combined total for 2011 and 2012. Media
reports suggest that while the number of settlers is
growing, thousands of Palestinians are being forced to
leave Jerusalem.
Fourthly, in Gaza the collective punishment meted
out to the Palestinians continued into its seventh year.
An average of fewer than 200 people were allowed out
of Gaza per day in the first half of 2013, compared to
around 26,000 in the same period before the blockade.
Nineteen out of 20 projects of the United Nations
Relief and Works Agency for Palestine Refugees in the
Near East have ground to a halt due to the shortage of
construction materials.
The international community should not remain
silent while Palestine continues to disappear before our
eyes. We appreciate the European Union guidelines
on the funding of projects in the occupied Palestinian
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Qatar underscores that Israel’s occupation of
the Syrian Golan is a threat to peace and security
throughout the region and a violation of international
law and decisions of international legitimacy. Israel’s
attempts to annex the Syrian Golan are null and void.
We condemn the illegal Israeli practices seeking to
appropriate natural resources in the area, including
water resources.
In conclusion, on the occasion of the International
Day of Solidarity with the Palestinian People, I express
our full solidarity with the Palestinian people and their
Government in their struggle to put an end to foreign
occupation and recover their inalienable rights. Qatar
will continue to provide aid and assistance to the
brotherly Palestinian people until their inalienable
rights have been restored.
Mr. Dabbashi (Libya) (spoke in Arabic): About a
year ago, in a historic gesture, the General Assembly
adopted resolution 67/19, whereby it acknowledged the
existence of the State of Palestine, which was accepted
as a non-member observer State in the United Nations.
With that step, the international community affirmed its
resolve to move towards responding to the aspirations
of the Palestinian people and the achievement of their
dream of establishing their own independent sovereign
State over their entire territory.
However, the General Assembly resolution was
soon met by arbitrary, provocative actions by the Israeli
authorities, including the pursuit of new, aggressive
settlement policies to build thousands of residential
units within the occupied Palestinian territories with
the aim of placing more new Jewish immigrants on the
Palestinian land that is still in the hands of Palestinians
and of undermining the possibility of the establishment
of any form of a Palestinian State on less than 20 per
cent of the historical land of Palestine. That was borne
out by the 355 per cent increase in settlement activities
during the first quarter of this year compared with the
same period last year.
Despite broad international condemnation of the
Israeli settlement policy and the continuous affirmation
by the United Nations of Israel’s breaches of international
law, the Israeli occupation authorities have persisted
in their arrogance, illegitimate practices, violations
of international law and refusal to acknowledge the
inalienable rights of the Palestinian people. The
Palestinian people have been oppressed for decades
through the usurpation of their territory and their
that objective, unfortunately, is hampered by Israel’s
strategy of fait accompli, occupation, use of brutal
force and rejection of the option of peace and of the
creation of a Palestinian State, and by its continuing
illegal settlement activities in the occupied territories,
in addition to the statements made by its representatives
rejecting the concept of a just, comprehensive and
lasting peace on the basis of the relevant decisions of
the United Nations.
Israel continues to violate international law and
international humanitarian law, as is quite clear from
such international documents as the report of the
Committee on the Exercise of the Inalienable Rights of
the Palestinian People (A/68/35). Palestinians, including
women and children, continue to be detained in Israeli
prisons and detention centres, buildings continue to
be bulldozed, the separation wall keeps growing, and
the violence against the Palestinian people continues
unabated. We are especially concerned by the Israeli
Government’s strategy of sabotaging the Palestinian
economy and depriving the Palestinian people of access
to water. Qatar rejects and condemns any attempt to
judaize Jerusalem and to desecrate holy sites, Muslim
or Christian, including attacks on the holy Al-Aqsa
Mosque and the excavation work being carried out
beneath it. We urge the United Nations and all other
relevant international organizations to ensure that the
national and Arab character of Jerusalem is respected.
The unfair blockade imposed by Israel on Gaza
continues, despite the deterioration of the humanitarian
and economic situation there. Building materials, for
example, have been prohibited from being imported
into the territory, despite the calls of the United Nations
to lift that prohibition. The electricity supply in Gaza
is unreliable, which undermines basic living conditions
there.
The deterioration of Palestinian living conditions in
the occupied territories, in particular Gaza, the ongoing
suffering of the Palestinian diaspora, the repression by
the occupying forces, the repeated military aggression
against the Palestinian people and violations of
international law by the occupying Power remind us
today of the need to lend our support to the Palestinian
people whenever possible. We urge the international
community to work for a lasting, comprehensive and
just peace and to support the Palestinian movement
towards the creation of a Palestinian State, with East
Jerusalem as its capital, that includes all the territory
occupied since 1967.
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Palestinians from the territories that were occupied
in 1948 and the establishment of a so-called greater
Israel as envisaged by the leaders of the racist Zionist
movement and the Israeli religious extremists, with
the displacement of Palestinians from the remaining
Palestinian territory.
We have heard the representative of Israel refuse to
tell the story of the past century but instead invoke the
history of the past 3,000 years. He does not want to know
that the number of Jews in historical Palestine in 1917
was no more than 7 per cent of the population, and that
in 1947 their number — despite the Balfour Declaration,
which gave land to those who did not deserve it — was
no more than 36 per cent of the population of historical
Palestine. They do not want to acknowledge those facts,
and they always say that the whole of Palestine belongs
to the Israeli Jews, who have come from every corner
of the world and have displaced the indigenous owners,
who are the Palestinians.
Israel’s continued intransigence, its rejection of all
attempts at settlement and its continued construction of
new settlements in the Palestinian territories will lead
only to further bloodshed and will block international
initiatives to establish peace in the region. It is
incumbent on the Security Council and the international
community to alter the way they deal with Israel. They
should see to it that the Palestinian people have their
own independent State. If peace is to endure in the
region, it will be achieved only by supporting the efforts
of the State of Palestine to obtain full membership in
all international organizations. I say that peace will not
be achieved except through support for the efforts of
the State of Palestine to obtain full membership in all
international organizations, as it has in UNESCO, and
through the withdrawal of the Israeli occupation forces
from all occupied Arab and Palestinian territories,
including the occupied Syrian Golan and the Lebanese
Shaba’a Farms.
Mr. Mukerji (India): At the outset, I would like to
express our appreciation to the President for convening
this important discussion in the General Assembly on
the question of Palestine.
We are marking the International Day of Solidarity
with the Palestinian People. Let me begin, therefore,
by quoting from the message of my Prime Minister,
His Excellency Mr. Manmohan Singh, to the friendly
people of Palestine on this occasion.
dispersal throughout the world. Palestinian suffering
increases every day. Zionist settlers — armed to the
teeth, shielded by impunity and not held accountable by
any authority — perpetrate daily actions of aggression
against the actual owners of the land, who are the
Palestinians. Instead, they are encouraged by the Israeli
occupation forces to persist in such barbaric practices,
which have inflicted gross damage on people, land and
property.
The Israeli occupation authorities seek to depopulate
Palestinian territories through detention, intimidation,
the demolition of homes and displacement, especially
in East Jerusalem, which has been subjected to a fierce
campaign of Judaization and demographic manipulation.
In blatant violation of the most basic human rights
and principles of international law, including the
Geneva Conventions, the Israeli occupation authorities
have imposed an embargo on more than 1.5 million
Palestinians in the largest prison on the face of the
Earth, the so-called Gaza Strip. I do not think I need
to recall the details of the various atrocities perpetrated
by the Israeli occupation authorities, because they are
practices carried out every day in full view of all and
always present in our memory.
The question of Palestine is the only issue that
is as old as the United Nations. Yet unlike all other
international questions, it has remained without a
solution or even the prospect of one. That is due to
the failure to implement the relevant resolutions of the
Organization, because Israel is treated as a State above
the law. It acts on that basis and always finds those to
protect it, at the expense of the rights of the Palestinian
people. Israel has never wanted to achieve a peace
agreement with the Palestinians that would allow the
Palestinians to exercise self-determination and establish
a sovereign, independent State. Therefore, since 1993,
Israel has consistently used the so-called peace process
to buy time to further assimilate Palestinian territories,
rendering the establishment of a viable Palestinian
State impossible. That is the current status quo, with
settlements metastasizing like cancer in the occupied
Palestinian territories.
I do not know what will be achieved by the
Palestinian-Israeli talks if the Israelis have never
officially recognized an inch of the land of Palestine
as occupied Palestinian territory. They also call on the
Palestinians to recognize Israel as a State for the Jewish
people, without defining the borders of such a State.
That clearly means the expulsion of the remaining
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The resolution of the Palestinian question is a
prerequisite for building a sustainable and lasting
peace in the Middle East region. Given the fragile
and unpredictable situation in the Middle East with
the ongoing conflict in Syria, there should be no more
delay in addressing the Israeli-Palestinian issue. The
situation in the occupied Palestinian territories has
been deteriorating, due to settlement activities in the
West Bank and East Jerusalem. Those activities are
creating new realities on the ground, threatening the
very premise of a two-State solution. The blockade of
Gaza has also had serious consequences for the lives
of Palestinians. It has adversely affected essential
services, economic activities and infrastructure
development. The Palestinian Authority is also facing
a severe financial crisis that could erode the significant
progress it has made in building State institutions.
All those issues must be addressed in a timely
manner if a just and durable peace in the region is
to be achieved. While there has been improvement
in restrictions on the West Bank and movement of
humanitarian supplies and construction material into
Gaza, we continue to hold that it is necessary for Israel
to lift the blockade on Gaza and allow the normal and
unrestricted movement of persons and goods within
Palestine. We also join others in urging Israel to stop
settlement activities.
India has a long history of solidarity with the
Palestinian people. As it has demonstrated over the
past six decades, including during its memberships in
the Security Council, India also stands ready to support
all measures that the Palestinian leadership may take
towards political resolution of the final-status issues. In
conclusion, I would like to reiterate India’s continued
support for the Palestinian cause.
Mr. Kommasith (Lao People’s Democratic
Republic): My delegation endorses the statement made
by the representative of the Islamic Republic of Iran on
behalf of the Non-Aligned Movement.
Last Monday, 18 November, in this very Hall, we
witnessed a historic first vote by the State of Palestine
in the General Assembly of the United Nations in
the election of a judge to the Residual Mechanism of
the International Criminal Tribunal for the former
Yugoslavia (see A/68/PV.53), and I congratulate the
Palestinian people on that auspicious occasion.
As many of us have said today, making progress
in that direction is a critical issue of global justice and
“On the occasion of the International Day of
Solidarity with the Palestinian People, I reaffirm
India’s strong and steadfast support for the
Palestinian cause. We welcome the recent efforts
of Palestine and Israel, mediated by the United
States, for resumption of direct peace talks, and
remain hopeful that the negotiations will lead
to a comprehensive peace process for the final
resolution of the conflict within an agreed timeline.
India supports a negotiated resolution, resulting in
a sovereign, independent, viable and united State of
Palestine with East Jerusalem as its capital, living
within secure and recognized borders, side by side
and at peace with Israel, as endorsed in the Arab
Peace Initiative, the Quartet road map and relevant
United Nations Security Council resolutions.
“I also take this opportunity to extend heartiest
congratulations to the people of Palestine and their
leadership on obtaining non-member observer State
status in the United Nations General Assembly last
year. India has always played a proactive role in
supporting the Palestinian cause in multilateral
forums. We sponsored the resolution enhancing
Palestine’s status in the General Assembly and
will continue to support Palestine’s bid for full and
equal membership of the United Nations.
“India has also supported the nation-building
efforts of Palestine through technical and
economic assistance, including budgetary support.
We are supporting the construction of schools
and setting up an information technology centre
and vocational training centre in Palestine.
Additionally, India contributes $1 million annually
to the United Nations Relief and Works Agency for
Palestine Refugees in the Near East. We are also
implementing development projects in Palestine
jointly with Brazil and South Africa as partners in
IBSA. India will continue to support those efforts.
“On this important occasion, on behalf of
the people of India, I convey our best wishes and
greetings to the friendly people of Palestine.”
It has been almost a year since the Assembly voted
to upgrade Palestine’s status in the United Nations to
that of non-Member observer State (resolution 67/19),
along with other resolutions that are voted on every
year. While that was an important milestone, the
aspirations of the Palestinian people and leadership to
full membership of the United Nations still remain to
be achieved.
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attaining the long-delayed goal of a viable, peaceful
and prosperous State of Palestine that is a full-fledged
Member of the United Nations. I take this opportunity
to commend the role played and work done by United
Nations agencies, especially the United Nations Relief
and Works Agency for Palestine Refugees in the Near
East, to assist millions of Palestinians in need during
all these years amid multiple difficulties. We also
wish the Committee on the Exercise of the Inalienable
Rights of the Palestinian People every success in its
noble endeavour for a peaceful, just, comprehensive
and lasting solution to the question of Palestine.
Mrs. Rubiales de Chamorro (Nicaragua) (spoke in
Spanish): My delegation aligns itself with the statement
delivered by the representative of the Islamic Republic
of Iran on behalf of the Non-Aligned Movement.
The Government of Reconciliation and National
Unity of Nicaragua wishes to take the opportunity
afforded by this debate on the question of Palestine to
salute the heroic Palestinian people and their authorities
on this International Day of Solidarity. We reaffirm our
solidarity and support for their just struggle to establish
a sovereign and independent Palestinian State.
We find ourselves at this debate almost a year
after the adoption of historic resolution 67/19, in
which, together with the rest of the international
community, we renew our solidarity with the cause of
the Palestinian people and, at the same time, our hopes
for, and commitment to, the search for a solution to the
problem of Palestine, which is the core of the Arab-
Israeli conflict, and the need to achieve a just, complete
and lasting peace.
The greatest desire of the Palestinian people is to
find peace and to live in harmony with its neighbours
in a free, independent and viable State. However, that
cannot be achieved as long as the Israeli occupation and
its aggression continue and as long as the Palestinian
people, who have struggled heroically to resist
under very difficult conditions, cannot redeem their
legitimate ancestral rights, recover their occupied land,
or experience the return of refugees, the release of
prisoners, the lifting of the blockade, and the rights to
water and to live freely within their own borders.
Nicaragua is concerned about the stalemate in the
peace negotiations, which has lasted for months. Israel
continues to construct more settlements in the occupied
territories, especially in East Jerusalem. Putting an
end to the construction of those illegal settlements
a defining test of this Organization. Member States
must therefore work further to enable Palestinians to
realize their inalienable rights, including the rights of
return and self-determination, as well as their earnest
aspirations to freedom, prosperity, peace and justice
in an independent sovereign State of Palestine, based
on the pre-1967 borders and with East Jerusalem as its
capital.
We must acknowledge that the Palestinian people’s
changed United Nations status and right to be a
recognized State does not alter their firm commitment
to resolving the conflict through dialogue and peaceful
means. We are well aware of how they have suffered
and struggled over the last several decades without a
glimmer of hope, while the international community
has been unable to take decisive action at the level
where it matters most. Over time, we can see the
growing ability of the Palestinian Authority to establish
the institutional foundations essential for international
recognition of Palestinian statehood, as endorsed by all
major international organizations and institutions. We
commend the Palestinians for that heroic effort, despite
the serious obstacles and challenges they confront.
The continued illegal settlement activity and
destruction of property, homes and businesses in the
occupied territories have not only worsened the already
critical socioeconomic situation facing the Palestinian
population, they also constitute a breach of international
law, including international humanitarian and human
rights law, as well as an obstacle to the peace process
and opportunities for negotiation.
The Lao People’s Democratic Republic wishes to
see a just, lasting, comprehensive and peaceful solution
to the Palestinian-Israeli conflict under the relevant
United Nations resolutions and the Quartet road map,
which envisage a sovereign, independent and viable
State of Palestine with East Jerusalem as its capital,
living side by side in peace and security with the Jewish
State of Israel. We therefore strongly support the
renewed engagement of the United States of America,
supported by the Arab League follow-up committee
and many world leaders, and call on the parties to live
up to their commitments, negotiate in good faith and
refrain from steps that could jeopardize negotiations.
We should give negotiation a chance. Peace comes only
through dialogue.
The Lao People’s Democratic Republic has long
recognized the State of Palestine, and I wish to reaffirm
its consistent support to the Palestinian people in
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of the Palestinian People, along with its people, will
continue to support the just cause of the Palestinian
people as a point of principle. Together with the
Committee and the rest of the international community,
will intensify our efforts to seek a peaceful solution that
will lead to the creation of a Palestinian State as a way
of achieving a just and lasting peace in the Middle East.
My delegation is a sponsor of all of the draft
resolutions (A/68/L.12, A/68/L.13, A/68/L.14 and
A/68/L.15) to be adopted today by the General
Assembly, which aim at finding a solution to the
question of Palestine and to a just and lasting peace
in the Middle East. We call upon members to join the
initiative to declare 2014 as the year of solidarity with
Palestine, which should lead to Palestine’s entry as the
194th State Member of the Organization.
Mr. Mamabolo (South Africa): A few days from
today, on 29 November, we will join the Palestinian
people in celebrating the first anniversary of their
statehood. Speaking on the day of the acceptance
of Palestine as a non-member observer State of the
Assembly last year (see A/67/PV.45), we expressed
our disappointment that the Palestinian people were
not granted full membership in the Organization, as
they so deserved. Knowing full well the constraints
faced by the people of Palestine and the inaction of the
Security Council on that important matter, we recorded
that historic achievement as a positive step towards
the full implementation of the much-awaited two-State
solution. Almost a year from that momentous occasion,
the status of Palestine has not changed.
The negotiations between the two parties are
ongoing, but the environment within which they are
being held is far from being conducive. The reasons for
the stalemate in the negotiations are well known. They
include the increasing expansion of old and the building
of new settlements, the obliteration of Palestinian homes,
the blockade of Gaza; attacks on Palestinian holy sites,
the limitation of movement, and the confiscation of
land. The settlement construction activities are perhaps
the most deleterious act of aggression, as they result in
the transfer of the Israeli population into the occupied
Palestinian territories, thereby limiting or thwarting
the possibility of creating two contiguous States. It is
said that these activities have also led to the resignation
of the Palestinian negotiation team as they feel that
these irresponsible activities undermine the spirit of
negotiations.
is an indispensable prerequisite to committing to the
negotiations in good faith. We demand a halt to any
further construction of settlements in the occupied
territories and to the ethnic cleansing being conducted
by Israelis.
Israel must negotiate on the basis of the various
United Nations resolutions. The international
community must redouble its efforts, especially those
of its permanent member ally in the Security Council,
so that Israel will put an end to its arbitrary behaviour
and truly commit itself to negotiate in order to achieve
a new era of peace and stability in the Middle East.
We cannot waste this historic opportunity. It is
enough to read the report of the Committee on the
Exercise of the Inalienable Rights of the Palestinian
People (A/68/35), presented today, for the entire
community of nations to realize that the massive
violations of human rights and the economic, political,
social and cultural rights of our Palestinian brothers
and sisters are continuing.
Nicaragua believes it is important to adopt the
necessary confidence-building measures to drive
forward effective negotiations by the parties, which
will make it possible to progress towards the ultimate
achievement of a just peace based on the recognition
and existence of two free and sovereign States. Our
Government advocates a politically just solution to
the Palestinian problem on the basis of the various
resolutions adopted by the United Nations, especially
those establishing the right of return of Palestinian
refugees and calling for Israel’s withdrawal from Arab
territories occupied in 1967, in accordance with the
land-for-peace principle, established at the Madrid
Conference, and the Arab Peace Initiative, which would
make it possible to create a Palestinian State that is
independent, with East Jerusalem as its capital.
We welcome the release of 104 Palestinian political
prisoners. But we also urge the release, as a show of
goodwill, of the thousands of Palestinian prisoners who
continue to be incarcerated by Israel in an arbitrary
manner.
Now more than ever and after the demonstration
of support by an overwhelming majority of the
international community for resolution 67/19, we have
an opportunity to redress the injustice committed
against these brotherly people. Nicaragua, as a newly
elected member of the Coordinating Bureau of the
Committee on the Exercise of the Inalienable Rights
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Several representatives have requested to take the
floor in exercise of the right of reply. I remind them that
statements in exercise of the right of reply are limited to
10 minutes for the first intervention and to five minutes
for the second intervention and should be made by
representatives from their seats.
Mr. Roet (Israel): Today we heard a number of
Arab delegations liberally spreading condemnation
and accusations. It would appear that those delegations
are attempting to trample on the democratic process in
the General Assembly in the same way they trample
on the freedom of their own people. One would think
that their efforts would be better spent improving the
human rights situation in their own backyards. These
cynical attacks undermine the professional nature of
this forum. It is unfortunate that certain delegations
insist on politicizing and monopolizing the valuable
time of this body, as they have done throughout most
of this discussion.
Many have used this forum to launch a range
of baseless accusations against my country, acting
as cheerleaders for a Palestinian cause and thereby
distancing us from peace instead of assisting us in
reaching it. It is truly absurd to hear some of the world’s
most oppressive tyrannies lecture the Middle East’s
only true democracy about human rights. One has to
wonder what rights these representatives might be
referring to. Perhaps they mean religious rights, such as
those exercised by Libya, whose representative spoke
today.
Let me take the example of Libya. It is a tragedy
that after all of the international efforts to better the
lives of the Libyan people and to free them from one of
the world’s worst dictators, its representative chose to
use the same rhetoric and language as in Al-Qadhafi’s
time, calling my country a racist Zionist movement
and calling people and settlements, whether one likes
them or not, cancerous. If Libyans truly care about the
situation, I would advise them that a great deal of the
weapons being wielded in my country and hampering
the peace process are coming from Libya. Perhaps
the Libyan authorities would be better off, instead of
lecturing Israel, taking care of their own people. For the
sake of the Israeli and Palestinian cause, perhaps they
could improve their border control.
One-sided, dogmatic and cheap propaganda is not
productive. Name-calling does not lead us towards real
peace, but takes us farther away.
We all know that these egregious activities are a
violation of article 49 of the Fourth Geneva Convention
and the relevant resolutions of the Security Council.
Amazingly, all of this happens in full view of the
mighty Security Council, but it continues to do nothing
about the situation. If Israel were negotiating in good
faith, it would have stopped its illegal practices and
allowed a positive spirit to prevail during this critical
time. It is the responsibility of those who protect and
have influence over Israel to use their leverage over
the Israelis to abandon their obstructive behaviour and
work towards a peaceful and lasting solution. Clearly,
Israel is emboldened by the fact that it has influential
partners who have the wherewithal to protect it, even as
it plunges the region into even deeper chaos
Having said that, however, we welcome the positive
role played by such parties as the United States, the
European Union, the Quartet and the United Nations in
making the negotiations a possibility. We hope that they
will be able to help the parties realize their noble goals
and finally bring to a conclusion the protracted peace
process in the Middle East.
South Africa stresses the urgent need for Israel
to lift the illegal blockade on Gaza, which entered its
seventh year in June. The blockade continues to worsen
the already dire socioeconomic and humanitarian
situation in Gaza. We are disappointed that the measures
that were enacted by the Israeli Government in order
to ease the implementation of the economic initiative
for Palestine, including approval for the importation of
greater quantities of construction materials and water
into Gaza, have now been suspended. We were hopeful
that those measures would continue to the revival
of Gaza, which has suffered a great deal due to the
blockade, which continues to frustrate the lives of its
inhabitants and has contributed directly to the increase
in unemployment and poverty. All of our hopes have
once again been dashed.
In conclusion, we welcome the decision to proclaim
2014 the International Year of Solidarity with the
Palestinian People. We hope that the international
community will exert all necessary efforts in 2014
to finally ensure the implementation of the two-State
solution and guarantee the inalienable right of the
Palestinian people to self-determination. South Africa
stands ready to contribute robustly to that effort.
The Acting President: We have heard the last
speaker in the debate on this item for this meeting.
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Force (UNDOF) in the occupied Golan. That is
precisely what happened when armed groups, assisted
by the occupying Power, received medical treatment in
Israeli hospitals and the staff and premises of UNDOF
were repeatedly kidnapped or attacked by these armed
groups.
Mr. Taguri (Libya) (spoke in Arabic): I thank you,
Sir, for giving me the floor to speak in exercise of my
right to reply. Like the representative who spoke before
me, I did not want to take the floor and further postpone
the adjournment of this meeting, but given what I have
heard I feel forced to respond.
What we and other Arab delegations have said
regarding violations of human rights by Israel is not
something that we invented. It is a reality documented
by numerous reports of human rights entities and bodies
and international organizations. We are here to consider
the Palestinian issue and the reports prepared by various
international bodies dealing with the Palestinian
question. All reaffirm exactly what has been said by the
Arab States regarding settlement policies, Palestinian
prisoners and detainees, violations of human rights,
violations of the rights of the Palestinian people, and
the blockade of Gaza. All of those facts have been
documented and cannot be denied. They are a simple
reality, regardless of anything that might be said to the
contrary, especially by the Israeli representative.
Programme of work
The Acting President: I should like to consult
members regarding an extension of the work of the
Second Committee. Members will recall that at its
2nd plenary meeting, on 20 September, the General
Assembly approved the recommendation of the General
Committee that the Second Committee should complete
its work by Friday, 29 November. However, I have been
informed by the Chair of the Second Committee that the
Committee requests an extension of its work to Friday,
6 December, as such an extension would facilitate
reaching consensus on the pending draft resolutions
before the Committee.
May I take it that the General Assembly agrees to
extend the work of the Second Committee until Friday,
6 December?
It was so decided.
The meeting rose at 6.15 p.m.
A few countries congratulated the Palestinian
delegation on having voted in the election for the
International Tribunal for the Former Yugoslavia. I
would like to remind representatives that that vote
has nothing to do with attaining a Palestinian State.
A Palestinian State can be achieved by negotiation.
The road to peace, for which we all pray, goes through
Ramallah and Jerusalem, and not via such discussions
as heard here.
I would not like to use the whole 10 minutes of time
that I am allocated, but simply refer to the member of
the Non-Aligned Movement (NAM) who spoke here.
We heard many representatives of NAM criticize
Israel today. I would like to point out that these same
representatives chose to ignore the crimes of the State
that is the Chair of NAM, Iran. Some countries spoke of
their honour in agreeing to the statement delivered by
the representative of Iran. Iran is actively supporting a
murderous regime in Damascus and at the same time
leading the chorus of attack in this Hall against Israel.
The rhetorical hypocrisy of NAM must stop. Countries
that care about the peace process should assist not only
Israel but primarily the Palestinians in making the
right, proud and courageous choice of negotiating on
the ground instead of in the General Assembly.
Mr. Hamed (Syrian Arab Republic) (spoke in
Arabic): I did not wish to take the floor at this late
hour. However, the lies and allegations submitted by
the representative of the Israeli occupation authorities
deserve a reply, albeit a very brief one. Israel, whose
representative boasted of its human rights record, is the
last State — and I reaffirm and underscore, the very last
State — that has the right to invoke human rights, given
the tremendous and countless human rights violations
it has committed since 1948 in the occupied Palestinian
territories, the occupied Golan and Lebanon.
The representative of the Israeli occupation
authority said that Israel helps the Syrian people. At
first I thought that I had misheard, but it seems that
what I heard was true. If anything, it shows that the
representative of Israel is hallucinating wildly. The
only assistance provided by Israel is to armed terrorist
groups in the disengagement area in the occupied Syrian
Golan. The Israeli representative acknowledged that
in his statement today. Is such assistance to terrorist
groups, including Al-Qaida affiliates, not a violation of
international law and the disengagement agreement? It
endangers the United Nations Disengagement Observer
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United Nations A/RES/76/12
General Assembly Distr.: General
6 December 2021
21-17888 (E) 091221
*2117888*
Seventy-sixth session
Agenda item 38
The situation in the Middle East
Resolution adopted by the General Assembly
on 1 December 2021
[without reference to a Main Committee (A/76/L.16 and A/76/L.16/Add.1)]
76/12. Jerusalem
The General Assembly,
Recalling its resolution 181 (II) of 29 November 1947, in particular its
provisions regarding the City of Jerusalem,
Recalling also its resolution 36/120 E of 10 December 1981 and all its
subsequent relevant resolutions, including resolution 56/31 of 3 December 2001, in
which it, inter alia, determined that all legislative and administrative measures and
actions taken by Israel, the occupying Power, which have altered or purported to alter
the character and status of the Holy City of Jerusalem, in particular the so-called
“Basic Law” on Jerusalem and the proclamation of Jerusalem as “the capital of
Israel”, were null and void and must be rescinded forthwith, as well as its previous
resolutions on Jerusalem,
Recalling further the Security Council resolutions relevant to Jerusalem, including
resolutions 250 (1968) of 27 April 1968, 251 (1968) of 2 May 1968, 252 (1968) of
21 May 1968, 267 (1969) of 3 July 1969, 271 (1969) of 15 September 1969, 298 (1971)
of 25 September 1971, 476 (1980) of 30 June 1980, 672 (1990) of 12 October 1990,
1073 (1996) of 28 September 1996 and 1322 (2000) of 7 October 2000,
Recalling, in particular, Security Council resolution 478 (1980) of 20 August
1980, in which the Council, inter alia, decided not to recognize the “Basic Law” on
Jerusalem, and such other actions by Israel that, as a result of this law, seek to alter
the character and status of Jerusalem, and calling upon States to act in accordance
with the provisions therein, as well as Council resolution 2334 (2016) of 23 December
2016, in which the Council affirmed that it would not recognize any changes to the
4 June 1967 lines, including with regard to Jerusalem, other than those agreed by the
parties through negotiations,
Deploring any action taken by any body, governmental or non-governmental, in
violation of the above-mentioned resolutions, and reiterating that all measures which
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have altered the geographic, demographic and historical character and status of the
Holy City of Jerusalem are null and void and must be rescinded in compliance with
the relevant resolutions of the Security Council,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, to the Occupied
Palestinian Territory, including East Jerusalem,
Recalling the advisory opinion rendered on 9 July 2004 by the International
Court of Justice on the legal consequences of the construction of a wall in the
Occupied Palestinian Territory,1 and recalling also its resolution ES-10/15 of 20 July
2004,
Deploring, in particular, Israeli construction and expansion of settlements in and
around East Jerusalem, including measures regarding the so-called E-1 plan,
construction of the wall, demolition of Palestinian homes and other civilian
infrastructure, expulsions and displacement of numerous Palestinian families,
including Bedouin families, restrictions on Palestinian access to and residence in East
Jerusalem, including revocation of residency rights, and the further isolation of the
city from the rest of the Occupied Palestinian Territory, and expressing grave concern
over the continued closure of Palestinian institutions in the city as well as acts of
provocation and incitement, including by Israeli settlers, including against holy sites,
Expressing its serious concern about the possible displacement of Palestinian
families from homes that they have lived in for generations in the Sheikh Jarrah and
Silwan neighbourhoods in East Jerusalem, and stressing its opposition to all such
unilateral actions, which are illegal under international law and risk exacerbating the
already tense and fragile environment,
Expressing its concern about the Israeli excavations undertaken in the Old City
of Jerusalem, including in and around religious sites,
Recalling the Security Council press statement on Jerusalem of 17 September
2015, in which the Council called, inter alia, for the exercise of restraint, refraining
from provocative actions and rhetoric and upholding unchanged the historic status
quo at the Haram al-Sharif – in word and in practice, as well as for full respect for
international law, including international human rights law and international
humanitarian law, as may be applicable in Jerusalem,
Reaffirming that the international community, through the United Nations, has
a legitimate interest in the question of the City of Jerusalem and in the protection of
the unique spiritual, religious and cultural dimensions of the city, as foreseen in
relevant United Nations resolutions on this matter,
Reaffirming also the importance and holiness of the City of Jerusalem for the
three monotheistic religions,
Having considered the report of the Secretary-General on the situation in the
Middle East,2
1. Reiterates its determination that any actions taken by Israel, the occupying
Power, to impose its laws, jurisdiction and administration on the Holy City of
Jerusalem are illegal and therefore null and void and have no validity whatsoever, and
calls upon Israel to immediately cease all such illegal and unilateral measures;
2. Stresses that a comprehensive, just and lasting solution to the question of
the City of Jerusalem should take into account the legitimate concerns of both the
__________________
1 See A/ES-10/273 and A/ES-10/273/Corr.1.
2 A/76/194.
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Palestinian and Israeli sides, in accordance with international law, and should include
internationally guaranteed provisions to ensure the freedom of religion and of
conscience of its inhabitants, as well as permanent, free and unhindered access to the
holy places by people of all religions and nationalities;
3. Also stresses the need for the parties to observe calm and restraint and to
refrain from provocative actions, incitement and inflammatory rhetoric, especially in
areas of religious and cultural sensitivity, and expresses its grave concern, in
particular, about the recent series of serious negative incidents in East Jerusalem;
4. Calls for respect for the historic status quo at the holy places of Jerusalem,
in word and in practice, and urges all sides to work immediately and cooperatively to
defuse tensions and halt all provocations, incitement and violence at the holy sites in
the City;
5. Requests the Secretary-General to report to the General Assembly at its
seventy-eighth session on the implementation of the present resolution.
42nd plenary meeting
1 December 2021
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Remarks by His Majesty King Abdullah II
At the 77th Plenary Session of the UN General
Assembly
New York, US
20 September 2022
In the name of God, the Compassionate, the Merciful
Mr President,
Mr Secretary General,
Your Excellencies:
We meet today, in this General Assembly, as the alarm bells ring all around us.
Numerous crises batter our world; crises that are increasingly interlocked-regional
conflicts with international impact, devastating climate change, pandemic disruptions,
extremist violence, spiralling inflation, looming recession, and-for all too many
around the world-the growing reality of hunger. Developing countries have been
hardest hit .
Is this the future we will leave to the generations yet to come?
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We must deliver a different world-a world of expanded horizons, a more equitable
world, sustainable economic growth, exciting new opportunities, more and better
jobs, and the inclusive peace for prosperity, in which all people can thrive.
To reach these goals, our countries must unite behind effective, collaborative action.
The question now is will we have the vision and determination to get the job done?
Consider the climate crisis. No country can heal our injured earth alone. We need
global partnerships that can create real change. And Jordan is part of these efforts.
We have been building strong partnerships to manage and sustain vital water
resources. And we see more opportunities to work with partners to preserve precious
world heritage sites and natural wonders-the unique Dead Sea, the sacred Jordan
River, and the resilient coral reefs of the Gulf of Aqaba-which are all threatened by
climate change.
Food security is another global priority. Hundreds of millions of people go to bed
hungry, and the numbers are rising. How can parents raise healthy children? How
can students learn? How can workers do their best, when they are hungry and
hopeless?
Since the beginning of the pandemic, and now with the crisis in Ukraine, global
supply chains have been disrupted. Many well-off countries experienced empty food
shelves for the first time in living memory. They are discovering a truth that people in
developing countries have known for a long time-for countries to thrive, affordable
food must get to every family's table. On a global level, this demands collective
measures to ensure fair access to affordable food, and speed the movement of
staples to countries in need.
My friends,
Sustainable, inclusive economic growth has too often been a victim of global crises,
but it can also be a defence that strengthens us to endure the storms. In my region,
we are looking to build integrated partnerships that tap the capabilities and resources
of each of our countries for the benefit of all.
We see 'regional resilience packs' coming together to stimulate fresh opportunities
and growth. Jordan has established multilateral partnerships with Egypt, Iraq, the
UAE, Saudi Arabia, Bahrain, and others in the region to capitalise on these
opportunities. Our country is a bridge for regional partnerships and cooperation,
international crisis response, and humanitarian action.
Jordan has always been a source of regional stability, as well as a refuge for those in
need. In this context, let me say a word about refugees and the communities which
host them. In 2012, I came before the 67th General Assembly, and spoke for the first
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At the 77th Plenary Session of the UN General Assembly I King Abdullah II Official Website
time about the Syrian refugee flow and its pressure on Jordan's scarce resources. At
that point, 200,000 Syrians had sought refuge in our small country. Today, 10 years
later, we host more than 1.3 million.
Meeting the needs of these and other refugees is an international responsibility, and
host countries look to the international community to honour its commitments.
My friends,
For decades, the Middle East has been synonymous with conflict and crisis. But we
are hopeful that a new-found spirit of collaboration can make our region an exemplar
of resilience and integration.
Though politics may sometimes fail our world, one absolute remains-always put
people first. To keep hope alive for all peoples means rising above politics to ensure
every individual's prosperity. Such efforts will be fruitless if they are exclusionary.
Inclusion of the Palestinian people in regional economic projects should be an
integral part of our efforts.
In the Palestinian-Israeli conflict, peace continues to be elusive. Neither war nor
diplomacy has held the answer to this historic tragedy.
It is the people themselves, not politics and politicians, who will have to come
together and push their leaders to resolve this.
What would our world look like now if the conflict had been settled long ago? If walls
had never gone up, and people had been allowed to build bridges of cooperation
instead? What if extremists had never been able to exploit the injustices of
occupation? How many generations of youth could have grown up in the optimism of
peace and progress?
As we continue our efforts to achieve peace, we must not abandon refugees. This
year, the General Assembly will vote on renewing UNRWA's mandate. The
international community should send a strong message of support for the rights of
Palestinian refugees, ensuring that Palestinian refugee children have schools to go
to, and access to appropriate medical care.
My dear friends,
A founding UN principle is the right to self-determination for all peoples. The
Palestinian people, with their resilient national identity, cannot be denied this right.
And the road forward is the two-state solution, in accordance with UN resolutions-a
sovereign, viable, and independent Palestinian state, on the 4th of June 1967 lines,
with East Jerusalem as its capital, living side-by-side with Israel in peace, security,
and prosperity.
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Today, the future of Jerusalem is an urgent concern. The city is holy to billions of
Muslims, Christians, and Jews around the world. Undermining Jerusalem's legal and
historical status quo triggers global tensions and deepens religious divides. The Holy
City must not be a place for hatred and division.
As Custodians of Jerusalem's Muslim and Christian Holy Sites, we are committed to
protecting their historical and legal status quo and to their safety and future. And as a
Muslim leader, let me say clearly that we are committed to defending the rights, the
precious heritage, and the historic identity of the Christian people of our region.
Nowhere is that more important than in Jerusalem.
Today, Christianity in the Holy City is under fire. The rights of churches in Jerusalem
are threatened. This cannot continue. Christianity is vital to the past and present of
our region and the Holy Land. It must remain an integral part of our future.
Distinguished Delegates,
We can weather the most serious crises if we join together.
Do let us, here in this General Assembly, honour our shared interest in a brighter
future, a future of dignity and hope that brings new opportunities for all our peoples.
And let us not ignore the alarm bells ringing around us.
We must act.
Thank you.
© Royal Hashemite Court 2001 - 2023
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UNITED
NATIONS A
General Assembly Distr.
GENERAL
A/HRC/RES/S-12/1
21 October 2009
Original: ENGLISH
HUMAN RIGHTS COUNCIL
Twelfth special session
15 – 16 October 2009
Resolution adopted by the Human Rights Council*
S-12/1. The human rights situation in the Occupied Palestinian
Territory, including East Jerusalem
A
The Human Rights Council,
Recalling the Universal Declaration of Human Rights, the International Covenant on Civil
and Political Rights, and the International Covenant on Economic, Social and Cultural Rights,
Affirming the responsibility of the international community to promote human rights and
ensure respect for international law,
Emphasizing the particularity of The Occupied East Jerusalem in its rich religious and
cultural heritage,
Recalling all relevant United Nations resolutions including Security Council resolutions on
Occupied East Jerusalem,
* The resolution and decision adopted by the Human Rights Council will be contained in the report of the Council on
its twelfth special session (A/HRC/S-12/1), chap. I.
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Deeply concerned at the actions by Israel undermining the sanctity and inviolability of
religious sites in the Occupied Palestinian Territory including East Jerusalem,
Deeply concerned also at the policy of closure and severe restrictions of Israel, including
the permit regime, which continue to be imposed on the movement of Palestinians hindering
their free access to their Christian and Muslim holy sites, including Al- Aqsa Mosque,
1. Strongly condemns all policies and measures taken by Israel, the occupying Power,
including those limiting access of Palestinians to their properties and holy sites particularly in
Occupied East Jerusalem, on the basis of national origin, religion, sex, age or any other
discriminatory ground, which are in grave violation of the Palestinian People's civil, political,
economic, social and cultural rights;
2. Condemns further the recent violations of human rights by Israel in Occupied East
Jerusalem, particularly the confiscation of lands and properties, the demolishing of houses and
private properties, the construction and expansion of settlements, the continuous construction of
the separation Wall, changing the demographic and geographic character of East Jerusalem, the
restrictions on the freedom of movement of the Palestinian citizens of East Jerusalem, as well as
the continuous digging and excavation works in and around Al-Aqsa mosque and its vicinity;
3. Demands Israel, the occupying Power, to respect the religious and cultural rights in
the Occupied Palestinian Territory as provided for in the Universal Declaration of Human
Rights, the core international human rights instruments, the Hague Conventions, and the Geneva
Conventions, and to allow Palestinian citizens and worshippers unhindered access to their
properties and religious sites therein;
4. Also demands that Israel, the occupying Power, immediately cease all digging and
excavation works and activities beneath and around Al-Aqsa Mosque and its vicinity, and refrain
from any acts or operations that may endanger the structure or foundations or change the nature
of holy sites both Christian and Islamic in the Occupied Palestinian Territory, including East
Jerusalem;
5. Requests the United Nations High Commissioner for Human Rights, pursuant to
resolution S-9/1 of 12 January 2009 and in the context of her periodic reports, to monitor,
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document and report on the state of implementation by Israel, the occupying Power, of its human
rights obligations in and around East Jerusalem;
B
The Human Rights Council,
Guided by the principles and objectives of the Charter of the United Nations and the
Universal Declaration of Human Rights,
Considering that the promotion of respect for the obligations arising from the Charter and
other instruments and rules of international law is among the basic purposes and principles of the
United Nations,
Reaffirming the right of the Palestinian people to self-determination and the inadmissibility
of the acquisition of land by the use of force, as enshrined in the Charter of the United Nations,
Acknowledging that peace, security, development and human rights are the pillars of the
United Nations system,
Affirming the applicability of international human rights law and the international
humanitarian law, namely the Fourth Geneva Convention relative to the Protection of Civilian
Persons in Time of War, to the Occupied Palestinian Territory, including East Jerusalem,
Expressing serious concern at the lack of implementation by the occupying Power, Israel,
of previously adopted resolutions and recommendations of the Council relating to the human
rights situation in the Occupied Palestinian Territory, including East Jerusalem,
Recalling its resolution S-9/1 of 12 January 2009, in which the Council decided to dispatch
an urgent, independent international fact-finding mission, and its call upon the occupying Power,
Israel, not to obstruct the process of investigation and to fully cooperate with the mission,
Condemning all targeting of civilians and stressing the urgent need to ensure
accountability for all violations of international human rights law and international humanitarian
law to prevent further violations;
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1. Condemns the non-cooperation by the occupying Power, Israel, with the
independent international fact-finding mission;
2. Welcomes the report of the Independent International Fact-Finding Mission
(A/HRC/12/48);
3. Endorses the recommendations contained in the report of the Independent
International Fact-Finding Mission, and calls upon all concerned parties including United
Nations bodies, to ensure their implementation in accordance with their respective mandates;
4. Recommends that the General Assembly consider the report of the Independent
International Fact-Finding Mission, during the main part of its sixty-fourth session;
5. Requests the United Nations Secretary-General to submit to the Council, at its
thirteenth session, a report on the status of implementation of paragraph 3. above;
C
The Human Rights Council,
Emphasizing that international human rights law and international humanitarian law are
complementary and mutually reinforcing,
Recalling the obligations of the High Contracting Parties to the Fourth Geneva
Convention, and reaffirming that each High Contracting Party to the Fourth Geneva Convention
relative to the Protection of Civilian Persons in Time of War is under the obligation to respect
and ensure the respect for the obligations arising from that Convention,
Stressing that the right to life constitutes the most fundamental of all human rights,
Recognizing that the siege by Israel imposed on the occupied Gaza Strip, including its
closure of border crossings and the cutting of the supply of fuel, food and medicine, constitutes
collective punishment of Palestinian civilians and leads to disastrous humanitarian and
environmental consequences,
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1. Welcomes the first periodic report of the United Nations High Commissioner for
Human Rights on the implementation of the Human Rights Council resolution S-
9/1(A/HRC/12/37);
2. Endorses the recommendations contained in the first periodic report of the High
Commissioner, and calls upon all concerned parties including United Nations bodies to ensure
their implementation in accordance with their respective mandates;
3. Requests the High Commissioner for Human Rights to submit to the Council, at its
thirteenth session, a report on the status of implementation of this resolution;
4. Decides to follow up on the implementation of section A, section B and section C of
the present resolution at its thirteenth session.
2nd meeting
16 October 2009
[Adopted by a recorded vote of 25 to 6, with 11 abstentions. The voting was as follows:
In favour: Argentina, Bahrain, Bangladesh, Bolivia, Brazil, Chile, China, Cuba, Djibouti, Egypt, Ghana,
India, Indonesia, Jordan, Mauritius, Nicaragua, Nigeria, Pakistan, Philippines, Qatar, Russian
Federation, Saudi Arabia, Senegal, South Africa, Zambia;
Against: Hungary, Italy, Netherlands, Slovakia, Ukraine, United States of America;
Abstaining: Belgium, Bosnia and Herzegovina, Burkina Faso, Cameroon, Gabon, Japan, Mexico, Norway,
Republic of Korea, Slovenia, Uruguay.]
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Distr.
GENERAL
A/HRC/13/54
17 March 2010
Original: ENGLISH
HUMAN RIGHTS COUNCIL
Thirteenth session
Agenda item 7
HUMAN RIGHTS SITUATION IN PALESTINE AND
OTHER OCCUPIED ARAB TERRITORIES
The grave violations of human rights in the Occupied Palestinian
Territory, particularly due to the recent Israeli military attacks
against the occupied Gaza Strip
Report of the United Nations High Commissioner for Human Rights on
the implementation of Human Rights Council resolutions S-9/1 and S-12/1*
* Late submission.
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CONTENTS
Paragraphs Page
I. INTRODUCTION ............................................................................ 1 - 2
II. FOLLOW-UP TO THE FIRST PERIODIC REPORT ..................... 3 - 9
III. THE HUMAN RIGHTS SITUATION IN GAZA ............................ 10 - 36
A. Rule of law and accountability..................................................... 10 - 24
B. Implementation of the recommendations of the United Nations
Fact-Finding Mission on the Gaza Conflict....................................... 25
C. General human rights situation in Gaza ....................................... 26 – 28
D. The right to water......................................................................... 29 – 31
E. The right to health ........................................................................ 32 - 36
IV. EAST JERUSALEM ........................................................................ 37 – 46
A. Home demolitions........................................................................ 40 – 44
B. Freedom of religion...................................................................... 45 - 46
V. SETTLEMENTS AND RELATED VIOLENCE.............................. 47 - 53
VI. VIOLENCE AND DISCRIMINATION AGAINST WOMEN ........ 54 - 59
VII. CONCLUSIONS AND RECOMMENDATIONS ........................... 60 - 67
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I. INTRODUCTION
1. This is the second periodic report submitted pursuant to Human Rights Council
resolution S-9/1, in which the Council requested the High Commissioner to monitor,
document and report on the violations of human rights of the Palestinian people. The report
covers the period from 1 May 2009 to 3 February 2010.
2. The present report also contains information regarding the implementation of the
recommendations of the first periodic report of the High Commissioner (A/HRC/12/37) and
the situation in East Jerusalem, as requested by the Human Rights Council in resolution S-
12/1.
II. FOLLOW-UP TO THE FIRST PERIODIC REPORT
3. During the reporting period the human rights situation in the Occupied Palestinian
Territory (OPT) remained of serious concern. Recommendations made previously by the
Secretary-General and the High Commissioner remain valid and need to be implemented as a
matter of urgency.
4. Peace negotiations and intra-Palestinian reconciliation remained at a standstill. The
occupation continued to be the main cause of widespread violations of Palestinians’ civil,
political, economic, social and cultural rights. While arbitrary detention, torture and other illtreatment
were perpetrated by all parties, Israeli settlements continued to expand in the West
Bank, including in East Jerusalem, as did home demolitions and forced evictions of
Palestinians by Israeli authorities.1
5. Demonstrations against the wall continued, especially in the villages of Ni’lin and
Bil’in. According to Yesh Din, an Israeli non-governmental organization, over the past six
months 31 residents of Bil’in have been arrested by Israeli authorities, including 10 children.
It is reported that 12 remain in custody.2 Demonstrators are frequently responded to with
excessive force by Israeli security forces (ISF).3 This includes the use of rubber-coated steel
1 A/HRC/12/37, paras. 38, 42-45 and 50-56. A report recently published by the Public Committee against
Torture in Israel notes that impunity for torture continues. See “Accountability denied: the absence of
investigation and punishment of torture in Israel” (December 2009). Available from
www.stoptorture.org.il/files/Accountability_Denied_Eng.pdf. 2 Information obtained by the OHCHR-OPT directly from Yesh Din during a 15 December 2009 meeting in Tel
Aviv. 3 The term Israeli security forces (ISF) is used in the present report when it is unclear which agency or body
(police, security or military) is involved.
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bullets and live ammunitions. During the reporting period, the Office of the High
Commissioner for Human Rights in the OPT (OHCHR-OPT) recorded the death of one
demonstrator due to excessive force by ISF.4
6. The fragmentation of the West Bank continued, as did the severing of the West Bank
hinterland from East Jerusalem through a system of checkpoints and permits. Severe
restrictions on the freedom of movement in the West Bank – as well as in Gaza through the
blockade – persisted throughout the reporting period. While there were no further substantial
efforts to construct the wall, its associated regime of checkpoints, bypass roads and related
permits resulted in violations to a broad range of Palestinians’ rights, in particular the rights
to education, family, health, non-discrimination and work.5
7. An encouraging development, with respect to existing restrictions on the freedom of
movement of Palestinians, relates to a recent judgment of the Israeli High Court of Justice
regarding Route 443. This is one of the main thoroughfares that connect Jerusalem and Tel
Aviv. Private Palestinian land was expropriated for the purpose of constructing Route 443.
Yet in 1982 the High Court of Justice ruled that its construction was lawful since it would
benefit the Palestinian population.6 Subsequently, in 2002, Palestinians were banned from
using the road.7 On 29 December 2009 the Court ruled that this prohibition was “inconsistent
with the rules of international law regarding a belligerent occupation.”8 The full
implementation of this ruling would constitute a positive development in terms of respect for
the right of Palestinians to freedom of movement.
8. The blockade of Gaza has become more severe since the conclusion of Operation Cast
Lead. The population of Gaza has not received adequate assistance or support to recover from
the impact of this operation. While the rights to health and water are given special attention
4 On 5 June 2009, Yousef Akil Srour, a Palestinian, was shot in the chest with 0.22 calibre live ammunition and
pronounced dead upon arrival at the hospital. On the same day, four other demonstrators were injured by 0.22
calibre live ammunition. See B’Tselem (The Israeli Information Center for Human Rights in the Occupied
Territories), www.btselem.org/English/Firearms/20090618_Firing_live_ammunition_on_demonstrators.asp. 5 See, for example, B’Tselem, A Wall in Jerusalem: Obstacles to Human Rights in the Holy City (Jerusalem,
2006), which refers to the effects of the wall. Available from
www.btselem.org/download/200607_A_Wall_in_Jerusalem.pdf. 6 See Jami'at Ascan el-Malmun el-Mahdudeh el-Masauliyeh, Communal Society Registered at the Judea and
Samaria Area Headquarters v. The Commander of IDF Forces in the Judea and Samaria Area, HCJ 393/82. 7 See, for example, Association for Civil Rights in Israel, “Ban on Palestinian movement on Route 443:
background information” (June 2009). 8 Abu Safiya v Minister of Defence, HCJ 2150/07 (official English synopsis).
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below, the full range of human rights of the Gaza population continues to be violated on a
regular basis, in particular as a consequence of the blockade.
9. Impunity for human rights violations remains a critical concern in the OPT. There is an
urgent need to improve accountability for violations, with a view towards preventing future
violations and ensuring justice for victims.
III. THE HUMAN RIGHTS SITUATION IN GAZA
A. Rule of law and accountability
10. Under international human rights law victims have the right to an effective remedy
following substantive violations of their rights.9 The right to an effective remedy requires that
the State carry out investigations promptly, thoroughly and impartially.10 It also requires that
reparation be made to individuals whose rights (under the International Covenant on Civil
and Political Rights) have been violated. The rights of victims to an effective remedy require
urgent attention, since time is of the essence in meeting such obligations.
Investigations carried out by Israel in connection with Operation Cast Lead
11. Information received by the High Commissioner as well as information that can be
found in the public domain11 indicate that approximately 150 incidents have been the subject
of investigation by the Israeli armed forces.12 A total of 36 incidents are or have been the
subject of criminal investigations by the Military Police Criminal Investigations Division
(MPCID),13 the rest have been the subject of command investigations. The report published
by the Government of Israel in January 2010 indicates that all investigations begin with the
9 Art. 2, para. 3, of the International Covenant on Civil and Political Rights; see also Human Rights Committee
general comment No. 31 (2004) (CCPR/C/21/Rev.1/Add.13). 10 See General Assembly resolution 60/147, annex, para. 3. The text was a statement of existing law (see
preamble, p. 3). See also Human Rights Committee, general comment No. 20 (1992), para. 14; and Principles on
the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions recommended by
the Economic and Social Council in its resolution 1989/65 (1989), para. 9. 11 There are five documents: (a) Israeli Defense Forces, “Conclusion of investigations into central claims and
issues in Operation Cast Lead” (April 2009); (b) Israel (Ministry of Foreign Affairs), “Initial Response to the
Fact-Finding Mission on Gaza pursuant to resolution S-9/1 of the Human Rights Council” (September 2009);
(d) letter from the Permanent Mission of Israel to the United Nations Office and Specialized Institutions in
Geneva to the High Commissioner for Human Rights (November 2009); and (e) Israel, “Gaza operation
investigations: an update” (January 2010). 12 The reports from the Government suggest that an investigation is taking place in respect of each incident.
Therefore 150 investigations correlate to 150 incidents. There may be investigations that cover multiple
incidents, but certainty is not possible on the basis of available information. 13 Seven of these were referred by the Military Advocate General at the conclusion of command investigations,
according to information provided by the Government of Israel.
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Military Advocate General (MAG), and may be referred either for a command investigation
or a criminal investigation. The latter are carried out by the MPCID, trained in the exercise of
criminal investigation, while the former are carried out by military officers with operational,
rather than criminal investigation, expertise.
12. A total of 68 command investigations14 have concluded with the MAG determining that
no criminal investigation is warranted. Seven criminal investigations have concluded that no
prosecution is warranted. A total of 45 command investigations and 28 criminal
investigations are ongoing. One case has resulted in the conviction of a soldier, in relation to
the theft of a credit card. Investigations in relation to half of the above-mentioned 150
incidents therefore appear to have been concluded. No information has been provided
indicating that any of the decisions not to proceed with investigations have been the subject
of a request for judicial review or review by the Attorney General.
13. Effective investigations must be independent, thorough and prompt.15 All of the
command investigations, special and ordinary, appear to rely predominantly if not
exclusively on information provided by those potentially implicated in the violations. They
do not appear to meet the standards required for practical independence.16
14. Ordinary command investigations appear to fall short of the required standard of
hierarchical independence17 and carry with them a risk of a conflict of interest that cannot be
overcome by the fact that the final decision lies with the MAG. More information is required
to ascertain the degree of institutional independence of special command investigations.
15. The Government of Israel points out that the review by the MAG is central to the
system, not the command investigation.18 However, the MAG relies on the information
14 See Israel, “Gaza operation investigations: an update” (2010), pp. 16-19. 15 See footnotes 12 and 13 above. See also, on procedural and institutional considerations, concluding
observations of the Human Rights Committee: Lithuania (CCPR/CO/80/LTU), para. 10; and Committee against
Torture communication No. 56/1996 (CAT/C/20/D/59/1996). 16 See Finucane v. the United Kingdom (2003) 22 EHRR 29, para. 68: “For an investigation into alleged
unlawful killing by State agents to be effective, it may generally be regarded as necessary for the persons
responsible for and carrying out the investigation to be independent from those implicated in the events (see, for
example, Güleç v. Turkey, judgment of 27 July 1998, Reports 1998-IV, §§ 81-82; Ogur v. Turkey, [GC] no.
21954/93, ECHR 1999-III, §§ 91-92). This means not only a lack of hierarchical or institutional connection but
also practical independence (see, for example, Ergi v. Turkey, judgment of 28 July 1998, Reports 1998-IV, §§
83-84, and the recent Northern Irish cases, for example, McKerr v. the United Kingdom, no. 28883/95, § 128,
Hugh Jordan v. the United Kingdom, no. 24746/94, § 120, and Kelly and Others v. the United Kingdom, no.
30054/96, § 114, ECHR 2001-III).” 17 See for example Finucane v. the United Kingdom and McKerr v. the United Kingdom.
18 Israel, “Gaza operation investigations”, para. 60.
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provided by the command investigation.19 If there is reason to doubt the impartiality or
independence of the evidence gathering process, this cannot be overcome by a subsequent
reviewer, even if that reviewer can be considered independent.20
16. United Nations treaty bodies consistently reiterate that investigations must be thorough
and effective.21 There are at least three significant examples which on their own indicate a
lack of thoroughness in the command investigations in relation to extremely serious
allegations.22 The absence of substantive information on other investigations makes
evaluation of their thoroughness difficult at this point.
17. As regards criminal investigations, the Government of Israel indicates that 36 criminal
investigations, out of a total of 150 investigations, have been opened. Nineteen concern the
alleged shooting towards civilians, while the remainder deal with allegations of the use of
human shields, mistreatment of detainees or civilians, pillage or theft.23
18. The degree to which MPCID and prosecutors to whom it presents its findings can be
viewed as institutionally independent from those carrying out military operations cannot be
assessed without more detailed information.
19. The High Commissioner is aware of reports and criticisms contending that the
investigations of MPCID have consistently failed to lead to adequate prosecutions for
offences allegedly committed by ISF, and that they have fostered a culture of impunity. In
particular, B’Tselem and Yesh Din have catalogued criticisms related to investigative
techniques and charging practices.24
19 The Government states that command investigations “serve as a means of compiling an evidentiary record for
the Military Advocate General, enabling him, from his central vantage point, to determine whether there is a
factual basis to open a criminal investigation”. It is not clear how that point allows the MAG to consider the
facts other than those presented by the command investigation. 20 See Finucane v. the United Kingdom, paras. 68 and 69 and McKerr v. the United Kingdom, para. 128. Cited in
footnote 19 above. 21 See General Assembly resolution 60/417, Human Rights Committee general comments Nos. 6, 7, 20 and 31,
and Committee on Economic, Social and Cultural Rights general comment No. 16. See also Finucane v the
United Kingdom, para. 69. 22 These include the alleged aerial missile attack on the Al-Maqadma Mosque, the incident alleged to have
occurred at the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNWRA)
compound, and the strike against the El-Bader flour mill. 23 Israel, “Gaza operation investigations”, paras. 134 and 135.
24 See A/HRC/12/48, paras. 1828-1831. See also Yesh Din, “Investigation of criminal offences by IDF soldiers
against Palestinians and their property – Figures for 2000-2007”. Available from www.yeshdin.
org/site/images/ds1eng.pdf, and B’Tselem, “Military investigations of harm to civilians in Operation Cast
Lead are insufficient”. Available from
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20. To be effective a remedy must also be provided promptly. While the standard for
promptness will vary from case to case, the High Commissioner notes the frequent reference
of treaty bodies to the need for prompt investigations, especially in cases of alleged unlawful
killings.25 In this regard she is concerned that it appears that the investigation into one of the
most serious incidents of Operation Cast Lead – relating to the death of over 20 people in the
Al Samouni family home in Zeitoun – was not opened until November 2009.26
21. The High Commissioner notes that neither criminal nor command investigations are
adequate to investigate whether policies, rules of engagement or orders that guided ISF
during Operation Cast Lead were in violation of international law, or the responsibility of
relevant senior officials – military or civilian. An independent inquiry into these matters is
required, in addition to the investigation of specific incidents, for an effective right to
remedy.
Palestinian initiatives
22. On 25 January 2010, the Palestinian Authority issued a decree27 establishing a
commission to follow up on the report of the United Nations Fact-Finding Mission.
According to the decree, the commission is independent, is comprised of five members, is
authorized to carry out investigations into the violations alleged in the report, will report to
relevant authorities with respect to the outcomes of its activities, and is empowered to appoint
experts and specialists to assist it to fulfil its duties.
23. The de facto authorities in Gaza state that two committees have been formed to follow
up on the implementation of the recommendations in the report of the United Nations Fact-
Finding Mission on the Gaza Conflict. The de facto authorities in Gaza also state that the
committees are comprised of experts in international law and will immediately and
independently follow up on the allegations of violations of international humanitarian law
www.btselem.org/English/Gaza_Strip/20091111_IMP_Investigations_of_Cast_Lead_Operation.asp. See also
Human Rights Watch, “Promoting Impunity: The Israeli Military’s Failure to Investigate Wrongdoing” (June
2005). 25 See Human Rights Committee communication No. 373/1989 (CCPR/C/55/D/373/1989), para. 9.2; See also
communication No. 587/1994 (CCPR/C/59/D/587/1994) and communication No. 599/1994
(CCPR/C/57/D/599/1994), para. 9; report of the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment (E/CN.4/2004/56), para. 39. See also Cantoral Benavides v. Peru, Judgment
of 18 August 2000, Inter-American Court of Human Rights, (Ser. C) No.69 (2000); and concluding observations
of the Committee against Torture: Egypt (CAT/C/CR/29/4), para. 5(b). 26 Israel, “Gaza operation investigations”, paras. 124 and 125.
27 Palestinian Authority, “Decree No. 0105 of 2010 concerning the formation of an independent commission to
follow up the Goldstone Report.”.
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contained in the Fact-Finding Mission report, in accordance with Palestinian laws and
practices.
24. There is insufficient information available at this time to draw conclusions regarding
the compliance of responsible Palestinian authorities with the obligation to provide effective
remedies. The High Commissioner notes that, at this point, there is no indication of credible
investigations having taken place. In addition, the late launching of these initiatives brings
into question the commitment of responsible Palestinian authorities to satisfying the criterion
that a remedy be prompt.
B. Implementation of the recommendations of the United Nations Fact-Finding Mission
on the Gaza Conflict
25. The Secretary-General has submitted a report to the Human Rights Council on the
status of implementation of paragraph 3 of Council resolution S-12/1 (A/HRC/13/55). The
Secretary-General’s report provides information on the implementation of the
recommendations of the United Nations Fact Finding Mission.
C. General human rights situation in Gaza
26. Sporadic violence within the armed conflict between Israel and Palestinian armed
groups continued during the reporting period, with Israel launching airstrikes on Gaza28 and
Palestinian armed groups firing rockets and mortar shells into Israel.29 Since the end of
Operation Cast Lead, 89 Palestinians and one Israeli have been killed, while 154 Palestinians
and seven Israelis have been injured in such incidents.30
27. The blockade of Gaza continues to further deprive the population. Denied basic supplies
and services, 1.5 million persons are subjected to a worsening humanitarian crisis that
disregards their human dignity. The blockade has had a devastating impact on a broad range
of human rights of Gazans – more than half of whom are children - most notably impeding
28 See, for example, “Israel air strike kills Gaza militants,” BBC News, 10 January 2010. Available from
http://news.bbc.co.uk/2/hi/middle_east/8450891.stm. 29 Ambassador Aharon Leshno Yaar, Letters to the High Commissioner dated 9 November 2009, 26 November
2009, 14 December 2009, 5 January 2010, and 12 January 2010. 30 Office for the Coordination of Humanitarian Affairs (OCHA), Protection of Civilians, weekly report (16–22
December 2009), p. 2. Available from
www.ochaopt.org/documents/ocha_opt_protection_of_civilians_weekly_report_2009_12_24_english.pdf.
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the fulfilment of core human rights such as the rights to health, water, food, shelter, work and
education.
28. Restrictions in place on the importation of construction materials into Gaza have left
over 6,000 houses that were destroyed or seriously damaged during Operation Cast Lead
unrepaired.31 This exacerbates the difficult living conditions of families still living in tents or
makeshift shelters near the remains of their homes, in particular during the winter season.32
Moreover, winter will increase electricity needs, resulting in an expected electricity shortage
of up to 35 per cent.33
D. The right to water
29. The water and sanitation situation is Gaza is perilous. The United Nations Humanitarian
Coordinator recently stated that “the deterioration and breakdown of water and sanitation
facilities in Gaza is compounding an already severe and protracted denial of human dignity in
the Gaza Strip. At the heart of this crisis is a steep decline in standards of living for the
people of Gaza, characterized by erosion of livelihoods, destruction and degradation of basic
infrastructure, and a marked downturn in the delivery and quality of vital services in health,
water and sanitation.”34 A September 2009 report by the United Nations Environment
Programme (UNEP) warns that Gaza is on the verge of water and sanitation collapse. UNEP
points to increased salinity from salt water intrusion caused by over-abstraction of ground
water as a key concern, alongside pollution from sewage and agricultural runoff.35
Reinforcing this assessment, Amnesty International reports that the water situation in Gaza
has reached a crisis point and highlights that today 90-95 per cent of Gaza’s water is unfit for
human consumption due to sewage and seawater infiltration.36
30. The blockade has prevented the entry of materials necessary to repair, rehabilitate and
maintain the water and sanitation infrastructure. Materials have been allowed in only on an
31 Humanitarian Coordinator for the Occupied Palestinian Territory and the Association of International
Development Agencies (AIDA), press release on winter needs in Gaza (11 November 2009). Available from
www.ochaopt.org/documents/ocha_opt_humanitarian_coordination_winterization_gaza_joint_statement.pdf. 32 OCHA, The Humanitarian Monitor, October 2009, p. 10.
33 Ma’an News Agency, “Gaza power cuts up to 32 hours per week” 15 December 2009. Available from
www.maannews.net/eng/ViewDetails.aspx?ID=246552. 34 United Nations Humanitarian Coordinator and AIDA, press release, 3 September 2009. Available from
http://ochaopt.org/documents/hc_aida_statement_gaza_watsan_20090803_english.pdf. 35 UNEP, Environmental Assessment of the Gaza Strip Following the Escalation of Hostilities in December
2008 – January 2009 (Nairobi, 2009), p. 56. Available from www.unep.org/PDF/dmb/UNEP_Gaza_EA.pdf. 36 Amnesty International, Troubled Waters – Palestinians Denied Fair Access to Water (London, 2009).
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exceptional basis. For example, construction of the North Gaza Emergency Sewage
Treatment Plant has been slowed by the shortage of critical materials. Once completed the
plant will treat the sewage of more than 500,000 people and filter the treated wastewater back
into the ground aquifer.37
31. The dire water situation is illustrated by the situation of Al Shoka municipality
(estimated population of 15,000), which is located at the easternmost part of Rafah. Since
residents of Al Shoka do not have access to water through the public water network, they
must purchase water from private vendors for all their needs. Thus, the average daily
consumption of water in the municipality is less than half the 100 litres per day recommended
by the World Health Organization (WHO). One of the local staff of the United Nations Relief
and Works Agency for Palestine Refugees in the Near East explained to OHCHR-OPT that
he spends as much as 30 per cent of his salary purchasing water for his family. According to
the chief municipal engineer, new wells are required. A project of the Coastal Municipalities
Water Utility includes plans to dig three wells in Tel El Sultan and build a carrier line from
these new wells to the existing networks, which would allow access to water for some 60,000
people, including the Al Shoka residents. Yet the blockade prevents the importation of
materials needed to complete this project.
E. The right to health
32. The right to the highest attainable standard of physical and mental health is a
fundamental human right.38 This includes the right of access to health facilities, goods and
services on a non-discriminatory basis, especially for vulnerable or marginalized groups. It
also encompasses access to minimum essential food that is nutritionally adequate and safe,
access to shelter, housing and sanitation and an adequate supply of safe drinking water, the
provisions of essential drugs, and equitable distribution of all health facilities, goods and
services.
33. The availability and quality of health care in Gaza has deteriorated over recent years
because of political turmoil, Operation Cast Lead and the blockade.39 The blockade hinders
the effective functioning of the health care system on multiple levels, including by restricting
37 OCHA, The Humanitarian Monitor, October 2009, p. 12.
38 Art.12, para. 1, of the International Covenant on Economic, Social and Cultural Rights. 39 As of 31 October 2009, the Gaza Central Drug Stores reported that 78 of the list of 480 essential drug items
and 119 of the list of 700 essential disposable items were at zero stock level. Information communicated directly
to OHCHR-OPT by WHO, 15 November 2009.
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access to basic supplies, such as drugs and consumables, such as syringes, gloves; basic
medical equipment, such as x-ray machines; other equipment, such as computers and printers;
and supplies to rehabilitate hospitals, such as glass, cement and wood. At present, it is only
possible to import a minimum of essential medical supplies and equipment.
34. During the reporting period, there continued to be enormous difficulties for patients
from Gaza who required emergency medical care available in the West Bank, East Jerusalem,
Israel or abroad. From February 2009 until the end of October 2009, 25 persons died due to
being unable to access medical treatment outside Gaza.40 Many applications to exit Gaza for
medical treatment were delayed or denied by Israeli authorities.41
35. Patients applying for medical care outside of Gaza are typically summoned for
questioning by ISF at the Erez checkpoint, in advance of obtaining an exit permit. This can be
a difficult experience. For example, “K.”, a resident of Gaza, was referred by the Ministry of
Health to Al-Makassed Hospital in East Jerusalem for back surgery. In July 2009 a permit
request was sent to ISF to allow him into Israel. ISF called him for a meeting. During this
meeting the security officer questioned him about the circumstances in which his son was
killed, by ISF, in 2002, as well as about his other sons. The security officer reportedly stated
that his sons were “terrorists” and told him to return to Gaza. In October 2009 a new referral
for treatment was issued. With the help of a local non-governmental organization (NGO), K.
again requested a permit. The permit was denied on “security grounds” and K.’s health
continues to deteriorate. Without surgery K. risks paralysis.
36. According to WHO, from January to November 2009 ISF summoned approximately
590 patients to Erez for such interrogations.42 In May 2009 Physicians for Human Rights-
Israel (PHR-Israel) presented data to the Committee against Torture regarding new measures
employed by ISF during the interrogation of patients at Erez. New measures reportedly
include photographing patients against their will; detaining patients for undisclosed periods
of time; harassing, accusing, cursing and intimidating patients; and forcing uncooperative
40 OCHA, The Humanitarian Monitor, October 2009, p. 12. 41 Ibid. In October 2009, the Israeli District Liaison Office for Erez Crossing approved 71.4 per cent of
applications to exit Gaza for medical treatment, 25.5 percent were delayed and 2.9 percent were denied. Of
those delayed, 83 patients were asked to be questioned by Israeli security forces before approval of their
application, of which 51 did not go to the interview, 29 were asked to submit new applications and one was
approved after the interview. 42 Information communicated directly to OHCHR-OPT by WHO, 1 December 2009.
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patients to return to Gaza without receiving a permit to exit.43 PHR-Israel has informed
OHCHR-OPT that these practices have increased since November 2009, often resulting in
patients missing medical appointments. In two cases, patients summoned for interrogation
were immediately detained and transferred to the Shikma prison in Ashkelon, where they
remained for approximately 20 days before being released.44 While before June 2009 PHRIsrael’s
mobile clinic was allowed into Gaza on three occasions (out of six requests), after
June 2009 all 10 of its requests were refused.45
IV. EAST JERUSALEM
37. Palestinians who live or work in East Jerusalem face distinct challenges to the
enjoyment of their human rights. Those who live in East Jerusalem are issued different
identity documents than residents of the West Bank, with the former being more difficult to
obtain and more easily revoked.46 East Jerusalemites can lose their right to live in the city if
they reside outside Israel or East Jerusalem for seven consecutive years, or if they obtain
citizenship or permanent residency in another country. The information available to OHCHROPT
indicates that this policy has been implemented by the Ministry of Interior of Israel
since December 1995.47 However, in 2008, the last year for which data is available, Israel
revoked the residency permits of 4,577 East Jerusalemites. This is reported to be 21 times the
average of each of the previous 40 years.48
38. Palestinians with West Bank or Gaza identity papers must apply for a permit to enter
East Jerusalem. Even for those who are regularly employed in East Jerusalem, entry permits
must be renewed every three or six months. West Bank identity-paper holders who are
granted permits to enter Jerusalem are generally subject to a number of conditions, such as a
time limit on the hours they can spend in Jerusalem and/or bans on driving or staying
43 PHR-Israel, “New data about GSS (Shabac) unorthodox methods at Erez Crossing”, press release, 4 May
2009. Available from www.phr.org.il/default.asp?PageID=190&ItemID=269. 44 Information on these two cases gathered from PHR-Israel and Al-Mezan, on file with OHCHR-OPT. 45 These 10 consecutive refusals follow the publication by PHR-Israel of two reports on Operation Cast Lead:
“Ill Morals,” March 2009 and “Report of an independent fact-finding mission of medical experts”, April 2009. 46 See Civic Coalition to Defend Palestinian rights in Jerusalem at www.ccdprj.ps/en/?page_id=89.
47 This policy has its roots in the judgment in the Mubarak Awad case of the High Court of Justice delivered in
1988, which decided that the status of Palestinian residents should be regulated in accordance with the Entry in
Israel Law, which is immigration legislation. See, for example, Hamoked and B’Tselem, “The quiet
deportation”, April 1997 and “The quiet deportation continues”, September 1998, p. 7 and Mubarak Awad v
Yitzhak Shamir et al., HCJ 282/88. 48 Nir Hasson, “Israel stripped thousands of Jerusalem Arabs of residency in 2008”, Haaretz.com, last update 2
December 2009. Available from www.haaretz.com/hasen/spages/1132170.html. Information confirmed by
OHCHR-OPT during meeting with Hamoked.
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overnight. Restrictions on travel are often imposed, often during Israeli holidays, thereby
preventing even permit holders from entering East Jerusalem. The extremely restrictive
permit system impedes the freedom of movement of Palestinians between East Jerusalem,
West Bank and Gaza.49
39. In addition, persons with East Jerusalem identification whose spouses hold West Bank
identification (or are not Palestinian) are required to either surrender their residency and live
in the West Bank, or apply for a family unification permit for the non-resident spouse.50 The
challenges of family unification are illustrated by the following case documented by
OHCHR-OPT. “S.”, living in the Silwan area of East Jerusalem and a holder of West Bank
papers, married a Palestinian woman with East Jerusalem residency. While he had managed
to obtain a permit to stay in East Jerusalem since his marriage, his permit was revoked after
his house was demolished in December 2008. Since then Israeli authorities have refused to
renew his permit, citing unspecified “security reasons.” In 2009, upon the expiration of his
permit, he was arrested and detained for over three weeks. While now released, he remains
without a permit and “illegally” in East Jerusalem with his wife, living in fear of being
arrested again. Israeli authorities have also refused to issue a “certificate of good conduct”
(no criminal record) for his wife, making it difficult for her to find employment.
A. Home demolitions
40. Israel’s obligations under international humanitarian law prohibit it from destroying
private or public property, or from forcibly displacing the civilian population, except as
required for reasons of military necessity.51 The Committee on the Elimination of Racial
Discrimination has expressed serious concerns regarding house evictions and home
demolitions in the OPT, including in East Jerusalem. 52 Furthermore, such home demolitions
amount to forced evictions and are in violation of the right to adequate housing.53
41. Often the justification given by the Israeli authorities for home demolitions, particularly
in East Jerusalem, is that Palestinian residents erect structures without building permits. Yet
49 Such concerns were also raised by the Human Rights Committee in its concluding observations for Israel
(CCPR/C/79/Add.93), para. 22. 50 See Jerusalem Centre for Social and Economic Rights, “Residency Rights”, 23 April 2009. Available from
www.jcser.org/index.php?option=com_content&view=article&id=12&Itemid=15. 51 Arts. 49 and 53 of the Fourth Geneva Convention of 1949.
52 See CERD/C/ISR/CO/13, para. 35.
53 Art. 11, para 1, International Covenant on Economic, Social and Cultural Rights..
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in practice Palestinians lack meaningful access to such permits. Palestinians applying for
building permits face an unnecessarily stringent and costly process to demonstrate land
ownership.54 Furthermore, it is important to note that only 13 per cent of the annexed East
Jerusalem land area is currently zoned for Palestinian construction, and much of this land is
already dense with construction.
42. While the Municipality of Jerusalem announced that 70 per cent of home demolitions in
East Jerusalem would desist,55 forced evictions and home demolitions have continued
unabated. The Office for the Coordination of Humanitarian Affairs determined that, from 16
May to 18 November 2009, at least 214 persons, including 103 children, were displaced due
to home demolitions or forced evictions. The Israeli Committee against Home Demolitions
estimates that demolitions from 1 January to 18 November 2009 displaced at least 333
persons, including 157 children. It is estimated that there are more than 1,500 outstanding
demolition orders in East Jerusalem alone. If these orders are implemented, as many as
60,000 further Palestinians would be displaced.56
43. Some cases documented by OHCHR-OPT indicate that Palestinian families being
evicted are often not allowed to remove their belongings. On 26 October 2009 Israeli
authorities demolished the home of four Palestinian families in the Al Ghezayel area of Sur
Bahir, in the process displacing 15 persons, including 6 children. Persons in the house were
separated into three different rooms and were not allowed to contact anyone by telephone. At
7 a.m. ISF arrived and the demolition began, with the families given little time to remove
their belongings. OHCHR-OPT observed that items such as kitchenware and furniture were
still in the house when it was demolished. Another home was demolished on 27 October
2009, with ISF arriving at 5 a.m. and immediately ordering all residents to exit. The four
families residing in the house were forced to wait in the cold until workers arrived at 7 a.m.
The workers proceeded to clear the house of its furniture and belongings for approximately
30 minutes, until bulldozers arrived and demolished the house with the remaining belongings
still inside. In all cases documented by OHCHR-OPT, victims stated that workers who
54 OHCHR-OPT press release of 1 May 2009 issued on the occasion of the publication of the OCHA Special
Focus Report: The Planning Crisis in East Jerusalem. 55 See, for example, Israeli Committee against Home Demolitions, “Jerusalem municipality plans to freeze 70%
of home demolitions in East Jerusalem: a step forward?”, 29 June 2009; “After U.S. pressure, Barkat to halt
70% of East Jerusalem demolitions,” Haaretz.com, 29 June 2009. 56 OCHA, “Overview of the situation in East Jerusalem with regard to forced evictions, house demolitions and
displacement: update for donor briefing”, 11 November 2009.
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cleared their homes hurled furniture out the windows and caused further damage to their
belongings.
44. With respect to Israel’s continuing policy and practice of carrying out home demolitions
in East Jerusalem, it is recalled that on 3 November 2009 the Secretary-General issued a
statement in which he declared that he was “dismayed at continued Israeli actions in occupied
East Jerusalem, including the demolition of Palestinian homes, the eviction of Palestinian
families and the insertion of settlers into Palestinian neighbourhoods”. 57 In a 1 December
2009 statement, the Special Coordinator for the Middle East Peace Process reiterated the call
of the Secretary-General for such actions to cease immediately.
B. Freedom of religion
45. During Ramadan Israeli authorities customarily allow Palestinians with West Bank
identity papers to enter East Jerusalem to attend Friday prayers at the Al-Aqsa Mosque.
However, in 2009 access for holders of West Bank identification was restricted to men over
50 years of age, women over 45, and boys and girls under 12.58 On 16 September 2009
OHCHR-OPT sent a communication to the head of the Civil Administration of the West
Bank, requesting that he take measures to “ensure that the many Palestinians wishing to
access religious sites in East Jerusalem are able to exercise their right to manifest their
religion in an orderly and secure manner.” No response was received.
46. Restrictions on Palestinians accessing Al-Aqsa Mosque raise concerns under article 18
of the International Covenant on Civil and Political Rights, which guarantees the right to
freedom of thought, conscience, and religion, including freedom to manifest one’s religion,
be it individually or in community with others, in public or private.59 On 27 September 2009
restrictions of Palestinians accessing Al-Aqsa Mosque led to clashes, which spread from the
57 “‘Dismayed’ by continued settlement activity in occupied East Jerusalem, Secretary-General calls on Israel to
cease such ‘provocative actions,’” statement of the Secretary-General, 3 November 2009. 58 OCHA, The Humanitarian Monitor, September 2009, p. 7.
59 In para. 8 of its general comment No. 22 (1993) on this article, the Human Rights Committee stated that the
article “permits restrictions on the freedom to manifest religion or belief only if limitations are prescribed by law
and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of
others. … In interpreting the scope of permissible limitation clauses, States parties should proceed from the need
to protect the rights guaranteed under the Covenant, including the right to equality and non-discrimination ...
restrictions are not allowed on grounds not specified there, even if they would be allowed as restrictions to other
rights protected in the Covenant, such as national security. Limitations may be applied only for those purposes
for which they were prescribed and must be directly related and proportionate to the specific need on which they
are predicated. Restrictions may not be imposed for discriminatory purposes or applied in a discriminatory
manner.”
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Old City into other parts of East Jerusalem. By the end of October 2009, 102 Palestinians and
31 Israelis had been injured, mostly due to clashes relating to access to the Al-Aqsa Mosque
and anti-wall demonstrations. The situation turned tense on 25 October 2009, when Jewish
clerics called on their followers to perform rituals inside the Al-Aqsa compound.60
V. SETTLEMENTS AND RELATED VIOLENCE
47. Settlement activity in the OPT, including in East Jerusalem, violates international
human rights and international humanitarian law. Article 49 of the Fourth Geneva
Convention stipulates that “the Occupying Power shall not deport or transfer parts of its own
civilian population into the territory it occupies”.61 As of late November 2009 the number of
settlers in the West Bank is approximately 300,000, which includes approximately 200,000 in
East Jerusalem.62 Settlement activity equally has an impact on the rights to life, property and
basic services.
48. A related issue is that of settlements that are unauthorized under Israeli law, commonly
known as “outposts”. Unlike settlements that are established and maintained as a matter of
policy by the Government of Israel, outposts are established by groups of settlers and are
illegal under Israeli law. Irrespective of authorization under Israeli law, all settlements in the
OPT, including in East Jerusalem, are illegal under international law.
49. Incidents of settler violence continued throughout the West Bank with impunity. During
the reporting period there were an average of 29 settler-related incidents of violence per
month, and an average of 13 Palestinians a month injured in such incidents.63
50. The olive harvest has for many years been the flashpoint for tension between settlers
and Palestinian farmers living in communities near settlements. For example, the village of
Burin is frequently subjected to settler violence and related destruction of property.
60 OCHA, The Humanitarian Monitor, October 2009, p. 3. 61 Art. 55 of the Hague Regulations (annexed to the 1907 Convention respecting the Laws and Customs of War
on Land) states that the “occupying State shall be regarded only as administrator and usufructuary of public
buildings, real estate, forests, and agricultural estates”. 62 According to Peace Now estimates provided to OHCHR-OPT. OCHA estimates that, as of December 2008,
there were approximately 290,000 in the West Bank and 195,000 in East Jerusalem. See OCHA, “West Bank
movement and access update”, May 2009, p. 13. In July 2009, an Israeli newspaper cited a military report
stating that the settler population had increased to 304,000 in the West Bank. See “More than 300,000 settlers
live in the West Bank”, Haaretz.com, 27 July 2009. 63 OCHA, The Humanitarian Monitor, October 2009, p. 4.
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Information provided to OHCHR-OPT indicates that over 1,500 olive trees had been burnt or
destroyed by settlers from January through October 2009.
51. OHCHR-OPT is also aware of cases where ISF, present on the scene of settler violence,
did nothing to prevent attacks. A woman and her family living in the Tel Rumeida area of the
old city of Hebron, reported that she and her family are subject to severe movement
restrictions by ISF and harassment and violence by settlers. On 11 April 2009 this woman,
who is 70 years old and requires regular medical attention, was returning from the hospital
and had received special permission from ISF to approach her home using the paved front
way in the ambulance, as opposed to the usual restriction against using the front entrance and
the prohibition from driving vehicles to their homes. The ambulance was stopped by ISF
troops near her home. As ISF examined their identity documents, a group of settlers gathered
around the ambulance. The crowd insulted the passengers and hurled large stones through the
ambulance’s back window, the first of which sent shattering glass throughout the ambulance.
Throughout this time, the troops present did nothing to prevent the attacks or disperse the
settlers, and eventually turned the ambulance back, where it was again attacked by settlers.
52. In another incident, on 13 July 2009, a 16-year-old boy was stopped by ISF
approximately 150 metres from his home. The troops took him to a military camp, where he
was handcuffed, blindfolded and placed in a chair in a concrete cubicle. The troops allowed a
group of settlers to beat him until he was unconscious. It was only after members of his
family, accompanied by a field worker from B’Tselem with a video camera, arrived at the
scene that the beating ended. The boy was released and taken to the hospital. His family
presented a complaint regarding this incident to the Israeli police on 8 June 2009. They have
received no information regarding an investigation.
53. There are few cases where settlers have been prosecuted by Israeli authorities for crimes
against Palestinians. In September 2009 the trial of a settler who refused to give the police the
names of persons suspected of assaulting and beating Palestinian shepherds in March 2008
commenced.64 However, the prevailing situation is one of impunity. With the announcement
64 Chaim Levinson, “Settler rabbi faces trial for not naming names to police”, Haaretz.com, 16 September 2009.
As of the finalization of this report, no information is available regarding the outcome of this trial.
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in the end of November of a 10-month settlement freeze in the West Bank,65 settler protests
and related violent incidents are likely to increase.
VI. VIOLENCE AND DISCRIMINATION AGAINST WOMEN
54. As Palestinians under occupation and as a group subject to a patriarchal value system,
women in the OPT face multiple layers of violence and discrimination. Moreover, the current
political, economic and humanitarian crisis has contributed to an increase in domestic
violence.66
55. Palestinian NGOs report that violence against Palestinian women is widespread, and
that women are discouraged from reporting abuses. Only 2 per cent of women victims of
domestic violence seek legal assistance.67 For example, “Y.” explained how difficult it is for
her to file a complaint with the Palestinian Authority police against her husband, who beats
and verbally abuses her. She stated that filing a complaint the police would disgrace her
community, and that she would likely suffer stigmatization. She fears that filing a complaint
would also mean that her husband would not allow her to see their children.68
56. One challenge in relation to violence against women is the lack of informationgathering
by official institutions. In particular, there are no reliable statistics on so-called
“honour crimes.” Yet NGOs and other observers report that “honour killings” take place in
the OPT and, as a matter of practice, are not investigated. It is believed that such crimes are
not investigated due either to a lack of willingness on the part of family and community
members to cooperate with law enforcement authorities, or a lack of willingness of law
enforcement authorities to rigorously investigate such crimes.69
57. Information collected by the Palestinian Independent Commission for Human Rights in
Gaza indicates that the majority of “honour killings” in Gaza were committed by immediate
relatives in the families’ homes, though the bodies of some victims were discarded away
65 This freeze does not include East Jerusalem, ongoing construction, or so-called “natural growth”.
66 As communicated to OHCHR-OPT by the United Nations Development Fund for Women (UNIFEM). 67 United Nations Inter-Agency Gender Task Force and UNIFEM, Voicing the Needs of Women and Men in
Gaza. Beyond the Aftermath of the 23 day Israeli Military Operations (2009), p. 61. 68 Case documented by OHCHR-OPT on 26 October 2009. 69 According to the Palestinian Independent Commission for Human Rights, 10 Palestinian women were killed
in the West Bank during 2008, 1 on grounds of “honour” and 7 in similar circumstances. During 2009 one case
of a woman killed in relation to “honour” was reported in the West Bank.
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from the home. Palestinian Authority police do not seem to have achieved any progress in
investigating these crimes.
58. In May 2009 a Palestine Authority inter-ministerial committee drafted a presidential
decree to amend existing legislation that discriminates against women. According to the
decree, the killing of a spouse (male or female) suspected of or found to have committed
adultery would be treated as murder and would be sentenced accordingly. The decree
abolishes the exemption from punishment for killings committed in the name of “honour.”
This decree, which has already been adopted by the legal working group of the Legislative
Council, is currently with the president for signature.
59. An encouraging development is the signature by President Abbas of a decree accepting
the applicability of the Convention on the Elimination of All Forms of Discrimination against
Women. This decree offers Palestinians a point of reference to advocate for gender equality
in all social and economic areas, constitutes a tool in the fight to end violence against women
and girls, promises accountability for violations of women’s rights, and provides for the
responsibility of the Palestinian Authority to fulfil the principles and measures enshrined in
the Convention.70
VII. CONCLUSIONS AND RECOMMENDATIONS
60. The human rights situation between 1 May 2009 and 3 February 2010 remained of
serious concern. A wide range of serious human rights violations occurred with
disturbing frequency. The most critical violations that took place include a lack of
respect for the right to life; arbitrary detention; impediments to the right to freedom of
religion; obstacles to the fulfilment of the right to health; restrictions on freedom of
movement; torture and other cruel, inhuman, or degrading treatment or punishment; a
lack of remedy and redress for abuses and violations; and violence against women and
children, in both the public and private spheres.
61. The recommendations contained in reports by the Secretary-General and the High
Commissioner for Human Rights on the human rights situation in the OPT remain
valid and need to be implemented as a matter of the highest urgency.
70 See Joint Statement by OHCHR, UNICEF, UNIFEM, UNRWA in the OPT on Human Rights Day of 9
December 2009.
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62. The blockade of Gaza results in grave and widespread human rights violations,
including in relation to the fulfilment of the right to health and the right to adequate
safe drinking water. Furthermore, Israel’s blockade impedes the reconstruction or
repair of thousands of home destroyed or damaged during Operation Cast Lead,
resulting in violations to the right to adequate housing.
63. Israel still has not fully complied with the International Court of Justice’s
Advisory Opinion on the wall. The continued expansion and establishment of
settlements has further fragmented the West Bank. Notwithstanding a slight reduction
in the number of Israeli checkpoints, severe restrictions on the movement of
Palestinians within the West Bank and between East Jerusalem and the West Bank, in
particular due to permit requirements, negatively affect a wide range of human rights
on a daily basis. The extent of the fragmentation of the West Bank and the increasing
separation of East Jerusalem from the rest of the West Bank brings into question the
ability of Palestinians to effectively exercise their right to self-determination.
64. The situation in and around Jerusalem is particularly insecure. A dramatic
increase in the revocation of Jerusalem residency permits for Palestinians in East
Jerusalem was noted over the past year. Many Palestinian families in East Jerusalem
and Area C of the West Bank were forcibly displaced, due to evictions and demolitions
carried out by Israeli authorities.
65. Impunity for violations of human rights and international humanitarian law
remains widespread, and needs to be addressed by all parties as a matter of the highest
urgency. Investigations launched by the Government of Israel into alleged violations
related to the military operations in Gaza of December 2008-January 2009 remain
inadequate to provide effective remedies. While the processes put in place by
responsible Palestinian authorities are recent and not much information is available,
there is at this point no indication of credible investigations having taken place with
regard to allegations of violations by Palestinian armed groups.
66. Taking into account the findings of this report, the High Commissioner
recommends that the Government of Israel:
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(a) Abide by its obligations under its Basic Law: Human Dignity and Liberty (1992)
and under the international instruments to which Israel is a party;
(b) Investigate without further delay, impartially and independently, in conformity
with international standards, allegations of human rights violations committed by
Israelis in the OPT. Bring those responsible for any violations to justice and provide
effective redress to victims of violations;
(c) Immediately lift the blockade of Gaza;
(d) Fulfil its obligations under the Fourth Geneva Convention, as an occupying
power, related to maintaining the normal life of the civilian population in Gaza;
(e) Ensure the supply of all essential humanitarian materials to Gaza;
(f) Ensure that all essential medicines, material and equipment necessary for the full
functioning of the health care system can be delivered to Gaza;
(g) Immediately allow all necessary reconstruction materials to be delivered to Gaza,
in order to reconstruct or repair homes that were destroyed or damaged during
Operation Cast Lead;
(h) Immediately allow all material and equipment necessary for the construction
and repair of water and sanitation facilities in Gaza, including the quantities of fuel
necessary to operate such equipment;
(i) Seek to fulfil the right of Palestinians to freedom of movement, in particular in
the West Bank, including by, as an initial measure, dismantling portions of the wall that
were built beyond the Green Line, in accordance with the Advisory Opinion of the
International Court of Justice;
(j) Ensure that Palestinians can fully realize their right to freely practice their
religion, including by removing restrictions on freedom of movement;
(k) Desist from carrying out evictions or demolitions of Palestinian homes;
(l) Issue viable zoning plans and institute a less cumbersome, non-discriminatory
process for obtaining building permits for East Jerusalem and Area C;
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(m) Dismantle all Israeli settlements in the West Bank and East Jerusalem, in
accordance with international law, and stop any and all illegal construction activity,
including in East Jerusalem;
(n) Take immediate, effective measures to prevent violence against Palestinians by
settlers, and bring those responsible for any such violence to justice.
67. The High Commissioner recommends that the Palestinian Authority:
(a) Fulfil its obligations under the Palestinian Basic Law, international human rights
law and international humanitarian law;
(b) Investigate without further delay, impartially and independently, in conformity
with international standards, all allegations of human rights violations in the OPT
committed by any of its forces or agents, and that it bring those responsible for any such
violations to justice and provide effective redress to victims;
(c) Immediately address patterns of violence against women, including violence
committed in the private sphere, and put in place legislative mechanisms to
appropriately sanction crimes committed in the name of “honour”;
(d) Carry out, in partnership with international organizations present in the OPT
(including OHCHR), a campaign to raise awareness and prevent crimes committed in
the name of “honour.”
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GE.10-12831
Human Rights Council
Thirteenth session
Agenda item 7
Human rights situation in Palestine
and other occupied Arab territories
Resolution adopted by the Human Rights Council*
13/8
The grave human rights violations by Israel in the Occupied
Palestinian Territory, including East Jerusalem
The Human Rights Council,
Guided by the principles and objectives of the Charter of the United Nations, the
Universal Declaration of Human Rights and the International Covenants on Human Rights,
Considering that the promotion of respect for the obligations arising from the
Charter and other instruments and rules of the international law is among the basic purposes
and principles of the United Nations,
Affirming the responsibility of the international community to promote human rights
and ensure respect for international law,
Acknowledging that peace, security, development and human rights are the pillars of
the United Nations system,
Affirming the applicability of the fourth Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, to the Occupied
Palestinian Territory, including East Jerusalem,
Recalling the obligations of the High Contracting Parties to the Fourth Geneva
Convention and reaffirming that each High Contracting Party to the Fourth Geneva
Convention is under the obligation to respect and ensure respect of their obligations arising
from that convention,
Affirming the applicability of international human rights law to the Occupied
Palestinian Territory, including East Jerusalem,
* The resolutions and decisions of the Human Rights Council will be contained in the report of the
Council on its thirteenth session (A/HRC/13/56), chap. I.
United Nations A/HRC/RES/13/8
General Assembly Distr.: General
14 April 2010
Original: English
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Emphasizing that international human rights law and international humanitarian law
are complementary and mutually reinforcing,
Guided by the right of the Palestinian people to self-determination and the
inadmissibility of the acquisition of land by the use of force, as enshrined in the Charter,
Stressing that the right to life constitutes the most fundamental of all human rights,
Deeply concerned at the illegal actions by Israel undermining the sanctity and
inviolability of religious sites in the occupied Palestinian territories, in particular in the holy
city of Jerusalem,
Expressing serious concern at the lack of implementation by the occupying Power,
Israel, of the resolutions and recommendations of the Security Council, the General
Assembly and the Human Rights Council relating to the situation of human rights in the
Occupied Palestinian Territory, including East Jerusalem,
Condemning all forms of violence against civilians and deploring the loss of human
lives in the context of the current situation,
Recognizing that the Israeli military attacks and operations in the Occupied
Palestinian Territory, particularly the recent ones in the occupied Gaza Strip, have caused
severe violations of international humanitarian law and of the human rights of the
Palestinian people therein and undermine international efforts towards achieving a just and
lasting peace in the region based on the two-States solution,
Recognizing also that the Israeli siege imposed on the occupied Gaza Strip,
including the closure of border crossings, constitutes collective punishment and leads to
disastrous humanitarian, economic, social and environmental consequences,
1. Demands that the occupying Power, Israel, end its occupation of the
Palestinian land occupied since 1967, and that it respect its commitments within the peace
process towards the establishment of the independent sovereign Palestinian State, with East
Jerusalem as its capital, living in peace and security with all its neighbours;
2. Strongly condemns the Israeli military attacks and operations in the Occupied
Palestinian Territory, particularly the recent ones in the occupied Gaza Strip, which have
resulted in the killing and injury of thousands of Palestinian civilians, including a large
number of women and children;
3. Demands that the occupying Power, Israel, stop the targeting of civilians and
the systematic destruction of the cultural heritage of the Palestinian people, in addition to
the destruction of public and private properties, as laid down in the Fourth Geneva
Convention;
4. Condemns the disrespect for religious and cultural rights provided for in core
human rights instruments and humanitarian law by the occupying Power, Israel, in the
occupied Palestinian territories, including its recent announcement that it would add al-
Haram al Ibrahimi in Hebron and Bilal Mosque (“Tomb of Rachel”) in Bethlehem and the
walls of the old city of Jerusalem to its list of national heritage sites;
5. Demands that Israel, the occupying Power, respect the religious and cultural
rights in the occupied Palestinian territories, particularly in occupied East Jerusalem, as
provided for in the Universal Declaration of Human Rights, the core international human
rights instruments, the Hague Conventions and the Geneva Conventions, and that it allow
Palestinian citizens and worshippers unhindered access to their properties and religious
sites therein;
6. Expresses its grave concern at the excavation of ancient tombs and removal
of hundreds of human remains from part of the historic Ma’man Allah (Mamila) Cemetery
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in the holy city of Jerusalem in order to construct a “museum of tolerance”, and calls upon
the Government of Israel to immediately desist from such illegal activities therein;
7. Demands that Israel, the occupying Power, immediately cease all diggings
and excavation works beneath and around Al-Aqsa mosque compound and other religious
sites in the old city of Jerusalem, and refrain from any act that may endanger the structure
or foundations or change the nature of the holy sites, both Islamic and Christian, in the
Occupied Palestinian Territory, particularly in and around Jerusalem;
8. Calls for the immediate international protection for the Palestinian people in
the Occupied Palestinian Territory, in compliance with international human rights and
humanitarian law, both applicable in the Occupied Palestinian Territory, including East
Jerusalem;
9. Also calls for the immediate cessation of all Israeli military attacks and
operations throughout the Occupied Palestinian Territory;
10. Demands that the occupying Power, Israel, immediately stop its illegal
decision to demolish a large number of Palestinian houses in East Jerusalem, including in
the neighbourhood area of Al-Bustan in Selwan, and the evacuation of Palestinian families
in the Al-Sheikh Jarrah area of East Jerusalem, which is resulting in the displacement of
more than two thousand resident Palestinians of East Jerusalem;
11. Also demands that the occupying Power, Israel, release Palestinian prisoners
and detainees including women, children and members of the Palestinian Legislative
Council;
12. Calls upon the occupying Power, Israel, to lift checkpoints and open all
crossing points and borders according to relevant international agreements;
13. Demands that Israel, the occupying Power, immediately lift the siege
imposed on the occupied Gaza Strip, and that it open all borders and crossing points, and
allow the free access of fuel, humanitarian needs and medicine in addition to all necessary
materials and equipment needed for the reconstruction and rehabilitation of Gaza as agreed
upon at the International Conference in Support of the Palestinian Economy for the
Reconstruction of Gaza, held in Sharm el-Sheikh, Egypt, on 2 March 2009;
14. Decides to continue the consideration of this question at its sixteenth session.
41st meeting
24 March 2010
[Adopted by a recorded vote of 31 to 9, with 7 abstentions. The voting was as follows:
In favour:
Angola, Argentina, Bahrain, Bangladesh, Bolivia (Plurinational State of),
Brazil, Chile, China, Cuba, Djibouti, Egypt, Gabon, Ghana, India, Indonesia,
Jordan, Kyrgyzstan, Madagascar, Mauritius, Mexico, Nicaragua, Nigeria,
Pakistan, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal,
South Africa, Uruguay, Zambia;
Against:
Belgium, France, Hungary, Italy, Netherlands, Norway, Slovakia, United
Kingdom of Great Britain and Northern Ireland, United States of America;
Abstaining:
Bosnia and Herzegovina, Burkina Faso, Cameroon, Japan, Republic of
Korea, Slovenia, Ukraine.]
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Human Rights Council
Sixteenth session
Agenda item 7
Human rights situation in Palestine and other
occupied Arab territories
Resolution adopted by the Human Rights Council*
16/29
Human rights situation in the Occupied Palestinian
Territory, including East Jerusalem
The Human Rights Council,
Guided by the principles and objectives of the Charter of the United Nations, the
Universal Declaration of Human Rights and the International Covenants on Human Rights,
Considering that the promotion of respect for the obligations arising from the
Charter and other instruments and rules of international law is among the basic purposes
and principles of the United Nations,
Affirming the responsibility of the international community to promote human rights
and ensure respect for international law,
Acknowledging that peace, security, development and human rights are the pillars of
the United Nations system,
Affirming the applicability of the fourth Geneva Convention relative to the
protection of Civilian Persons in Time of War, of 12 August 1949, to the Occupied
Palestinian Territory, including East Jerusalem,
Recalling the obligations of the High Contracting Parties to the Fourth Geneva
Convention, and reaffirming that each High Contracting Party to the Fourth Geneva
Convention is under the obligation to respect and ensure respect of their obligations arising
from that Convention, in all circumstances,
Affirming the applicability of international human rights law to the Occupied
Palestinian Territory, including East Jerusalem,
* The resolutions and decisions adopted by the Human Rights Council will be contained in the report of
the Council on its sixteenth session (A/HRC/16/2), chap. I.
United Nations A/HRC/RES/16/29
General Assembly Distr.: General
13 April 2011
Original: English
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Emphasizing that international human rights law and international humanitarian law
are complementary and mutually reinforcing,
Guided by the right of the Palestinian people to self-determination and the
inadmissibility of the acquisition of land by the use of force, as enshrined in the Charter,
Reaffirming that all human rights are universal, indivisible, interdependent and
interrelated,
Deeply concerned at the illegal actions by Israel undermining the sanctity and
inviolability of religious sites in the occupied Palestinian territories, in particular in and
around the holy city of Jerusalem,
Expressing serious concern at the lack of implementation by all parties to the
conflict of the resolutions and recommendations of the Security Council, the General
Assembly and the Human Rights Council relating to the situation of human rights in the
Occupied Palestinian Territory, including East Jerusalem,
Condemning all forms of violence against civilians by all the parties to the conflict,
and deploring the loss of human lives in the context of the current situation,
Recognizing that the continuous Israeli military attacks and operations in the
Occupied Palestinian Territory have caused severe violations of international humanitarian
law and of the human rights of the Palestinian people therein, and undermine international
efforts to achieve a just and lasting peace in the region based on the two-State solution,
Recognizing also that the continuous launching of rockets from the occupied Gaza
Strip against civilians constitutes a severe violation of international humanitarian and
human rights law and undermines international efforts to achieve a peace settlement,
Recognizing further that the Israeli siege imposed on the occupied Gaza Strip,
including the closure of border crossings, constitutes collective punishment and leads to
disastrous humanitarian, economic, social and environmental consequences,
1. Demands that the occupying Power, Israel, end its occupation of the
Palestinian land occupied since 1967 and that it respect its commitments within the peace
process towards the establishment of the independent sovereign Palestinian State, with East
Jerusalem as its capital, living in peace and security with all its neighbours;
2. Strongly condemns the continuous Israeli military attacks and operations in
the Occupied Palestinian Territory, including its regular military incursions, and calls for
their immediate cessation;
3. Condemns the indiscriminate rocket and mortar fire from the occupied Gaza
Strip against civilians, and calls for their immediate cessation;
4. Demands that the occupying Power, Israel, stop the targeting of civilians and
halt its administrative decisions and practices that directly or indirectly coerce Palestinian
citizens to leave East Jerusalem, including evictions, demolitions, forced displacements,
cancelation of residence permits and the systematic destruction of the cultural heritage of
the Palestinian people, in addition to the destruction of public and private properties, as laid
down in the Fourth Geneva Convention;
5. Condemns the disrespect of the religious and cultural rights provided for in
core human rights instruments and humanitarian law by the occupying Power, Israel, in the
Occupied Palestinian Territory, including al-Haram al Ibrahimi in Hebron and Bilal
Mosque (“Tomb of Rachel”) in Bethlehem and the walls of the old city of Jerusalem, which
are on its list of national heritage sites;
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6. Demands that Israel, the occupying Power, respect religious and cultural
rights in the occupied Palestinian territories, particularly in occupied East Jerusalem, as
provided for in the Universal Declaration of Human Rights, the core international human
rights instruments, the Hague Conventions and the Geneva Conventions, and that it allow
Palestinian citizens and worshippers unhindered access to their properties and religious
sites therein;
7. Expresses its grave concern at the excavation of ancient tombs and removal
of hundreds of human remains from part of the historic Ma'man Allah (Mamila) Cemetery
in the holy city of Jerusalem in order to construct a “museum of tolerance”, and calls upon
the Government of Israel to immediately desist from such illegal activities therein;
8. Demands that Israel, the occupying Power, immediately cease all ongoing
diggings and excavation work beneath and around the Al-Aqsa mosque compound and
other religious sites in the old city of Jerusalem, and refrain from any act that may endanger
the structure or foundations or change the nature of the holy sites, both Islamic and
Christian, in the Occupied Palestinian Territory, particularly in and around Jerusalem;
9. Calls for immediate international protection for the Palestinian people in the
Occupied Palestinian Territory, in compliance with international human rights and
humanitarian law, applicable in the Occupied Palestinian Territory, including East
Jerusalem;
10. Demands that the occupying Power, Israel, take the necessary measures to
ensure the respect of internationally recognized sports principles as enshrined in the Charter
of the International Olympic Committee, particularly the free movement and circulation of
Palestinian sports teams and athletes within the Occupied Palestinian Territory, including
administrative staff, and in relation with the external world, and facilitate the access of
internationally donated equipment and sports materials, and that it grant regional and
international teams and sports figures unhindered access to the Occupied Palestinian
Territory and desist from imposing illegal measures on the construction of sports facilities
throughout the Occupied Palestinian Territory, including in East Jerusalem;
11. Also demands that the occupying Power, Israel, immediately stop its illegal
decisions to demolish a large number of Palestinian houses in East Jerusalem, including in
the neighbourhood area of Al-Bustan in Selwan, and the evacuation of Palestinian families
in Al-Sheikh Jarrah and Beit Hanina areas of East Jerusalem, which is resulting in the
displacement of a large number of resident Palestinians of East Jerusalem;
12. Further demands that the occupying Power, Israel, release Palestinian
prisoners and detainees, including women, children and elected members of the Palestinian
Legislative Council;
13. Calls upon the occupying Power, Israel, to lift checkpoints and open all
crossing points and borders according to relevant international agreements;
14. Demands that Israel, the occupying Power, immediately lift the siege
imposed on the occupied Gaza Strip and that it open all borders and crossing points and
allow the free access of fuel, humanitarian needs and medicine in addition to all necessary
materials and equipment for the reconstruction and rehabilitation of Gaza, as agreed upon at
the International Conference in Support of the Palestinian Economy for the Reconstruction
of Gaza, held in Sharm el-Sheikh, Egypt, on 2 March 2009;
15. Decides to continue the consideration of this question at its nineteenth
session.
48th meeting
25 March 2011
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[Adopted by a recorded vote of 30 to 1, with 15 abstentions. The voting was as follows:
In favour:
Angola, Argentina, Bahrain, Bangladesh, Brazil, Burkina Faso, Chile, China,
Cuba, Djibouti, Ecuador, Gabon, Ghana, Jordan, Kyrgyzstan, Malaysia,
Maldives, Mauritania, Mauritius, Mexico, Nigeria, Pakistan, Qatar, Russian
Federation, Saudi Arabia, Senegal, Switzerland, Thailand, Uganda, Uruguay
Against: United States of America
Abstaining:
Belgium, Cameroon, France, Guatemala, Hungary, Japan, Norway,
Poland, Republic of Korea, Republic of Moldova, Slovakia, Spain,
Ukraine, United Kingdom of Great Britain and Northern Ireland,
Zambia]
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GE.14-13459
*1413459*
Human Rights Council
Twenty-fifth session
Agenda item 7
Human rights situation in Palestine and other
occupied Arab territories
Resolution adopted by the Human Rights Council
25/29.
Human rights situation in Occupied Palestinian Territory, including
East Jerusalem
The Human Rights Council,
Recalling the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, the International Covenant on Economic, Social and Cultural
Rights, the Convention on the Rights of the Child and the International Convention on the
Elimination of All Forms of Racial Discrimination, and affirming that these human rights
instruments must be respected in the Occupied Palestinian Territory, including East
Jerusalem,
Recalling also relevant resolutions of the Human Rights Council,
Taking note of the recent reports of the Special Rapporteur on the situation of human
rights in the Palestinian territories occupied since 1967, as well as of other relevant recent
reports of the Human Rights Council,
Aware of the responsibility of the international community to promote human rights
and ensure respect for international law,
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of
Justice, and recalling also General Assembly resolutions ES-10/15 of 20 July 2004 and ES-
10/17 of 15 December 2006,
Noting in particular the Court’s reply, including that the construction of the wall
being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including
in and around East Jerusalem, and its associated regime are contrary to international law,
Reaffirming the principle of the inadmissibility of the acquisition of territory by
force, and deeply concerned at the fragmentation of the Occupied Palestinian Territory,
including East Jerusalem, through the construction of settlements, settler roads, the wall and
other measures that are tantamount to de facto annexation of Palestinian land,
United Nations A/HRC/RES/25/29
General Assembly Distr.: General
11 April 2014
Original: English
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Emphasizing the applicability of the Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory,
including East Jerusalem, and reaffirming the obligation of the States parties to the Fourth
Geneva Convention under articles 146, 147 and 148 with regard to penal sanctions, grave
breaches and responsibilities of the High Contracting Parties,
Mindful of the failure by Israel, the occupying Power, to live up to its obligations as
set forth in international law and as reaffirmed in all relevant United Nations resolutions
and the advisory opinion rendered on 9 July 2004 by the International Court of Justice,
Reaffirming that all States have the right and the duty to take actions in conformity
with international human rights law and international humanitarian law to counter deadly
acts of violence against their civilian population in order to protect the lives of their
citizens,
Stressing the need for full compliance with the Israeli-Palestinian agreements
reached within the context of the Middle East peace process, including the Sharm el-Sheikh
understandings, and the implementation of the Quartet road map to a permanent two-State
solution to the Israeli-Palestinian conflict,
Expressing grave concern about the continuing systematic violation of the human
rights of the Palestinian people by Israel, the occupying Power, including that arising from
the excessive use of force and military operations causing death and injury to Palestinian
civilians, including children, women and non-violent, peaceful demonstrators; the use of
collective punishment; the closure of areas; the confiscation of land; the establishment and
expansion of settlements; the construction of a wall in the Occupied Palestinian Territory in
departure from the Armistice Line of 1949; the policies and practices that discriminate
against and disproportionately affect the Palestinian population in the Occupied Palestinian
Territory, including East Jerusalem; the discriminatory allocation of water resources
between Israeli settlers, who reside illegally in the Occupied Palestinian Territory, and the
Palestinian population of the said Territory; the violation of the basic right to adequate
housing, which is a component of the right to an adequate standard of living; the
destruction of property and infrastructure; and all other actions by it designed to change the
legal status, geographical nature and demographic composition of the Occupied Palestinian
Territory, including East Jerusalem,
Gravely concerned in particular about the critical humanitarian and security
situation in the Gaza Strip, including that resulting from the prolonged continuous closures
and severe economic and movement restrictions that in effect amount to a blockade, and the
military operations between December 2008 and January 2009 and in November 2012,
which caused extensive loss of life and injury, particularly among Palestinian civilians,
including children and women, widespread destruction and damage to Palestinian homes,
properties, vital infrastructure and public institutions, including hospitals, schools and
United Nations facilities and the internal displacement of civilians, as well as about the
firing of rockets into Israel,
Expressing deep concern about the short- and long-term detrimental impact of such
widespread destruction and the continued impeding of the reconstruction process by Israel,
the occupying Power, on the human rights situation and on the socioeconomic and
humanitarian conditions of the Palestinian civilian population,
Stressing the need to end immediately the closure of the Gaza Strip and for the full
implementation of the Agreement on Movement and Access and the Agreed Principles for
the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement of
the Palestinian civilian population within and into and out of the Gaza Strip, taking into
account Israeli concerns,
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3
Expressing deep concern at the Israeli policy of closures and the imposition of
severe restrictions and checkpoints, several of which have been transformed into structures
akin to permanent border crossings, other physical obstacles and a permit regime, which are
applied in a discriminatory manner affecting the Palestinian population only, and all of
which obstruct the freedom of movement of persons and goods, including medical and
humanitarian goods, throughout the Occupied Palestinian Territory, including East
Jerusalem, and impair the Territory’s contiguity, and deeply concerned also at the
consequent violation of the human rights of the Palestinian people and the negative impact
on their socioeconomic situation and the efforts aimed at rehabilitating and developing the
Palestinian economy,
Deploring all policies and practices whereby Israeli settlers, who reside illegally in
the Occupied Palestinian Territory, including East Jerusalem, are accorded preferential
treatment over the Palestinian population in terms of access to roads, infrastructure, land,
property, housing, natural resources and judicial mechanisms, resulting in widespread
human rights violations of Palestinians,
Emphasizing that the destruction of property and the permanent displacement of
Palestinian communities in the Occupied Palestinian Territory, including East Jerusalem,
from their initial locations constitute, in all but the most limited cases as specified under
international law, violations of the prohibitions on destruction of property and forcible
transfer, respectively, under articles 53 and 49 of the Fourth Geneva Convention,
Expressing deep concern that thousands of Palestinians, including many children
and women and elected members of the Palestinian Legislative Council, continue to be
detained and held in Israeli prisons or detention centres under harsh conditions, including,
inter alia, unhygienic conditions, solitary confinement, lack of proper medical care, denial
of family visits and denial of due process, that impair their well-being, and expressing deep
concern also about the ill-treatment and harassment of any Palestinian prisoner and all
reports of torture,
Expressing concern about the possible consequences of the enactment by Israel, the
occupying Power, of military orders regarding the detention, imprisonment and deportation
of Palestinian civilians from the Occupied Palestinian Territory, including East Jerusalem,
and recalling in this regard the prohibition under international humanitarian law of the
deportation of civilians from occupied territories,
Convinced of the need for an international presence to monitor the situation, to
contribute to ending the violence and protecting the Palestinian civilian population, and to
help the parties implement the agreements reached, and in this regard recalling the positive
contribution of the Temporary International Presence in Hebron,
Taking note of the continued efforts and tangible progress made in the security
sector by the Palestinian Government, calling upon the parties to continue cooperation that
benefits both Palestinians and Israelis, in particular by promoting security and building
confidence, and expressing the hope that such progress will be extended to all major
population centres,
Emphasizing the right of all people in the region to the enjoyment of human rights as
enshrined in the international human rights covenants,
1. Reiterates that all measures and actions taken by Israel, the occupying Power,
in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant
provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time
of War, of 12 August 1949, and contrary to the relevant resolutions of the Security Council
are illegal and have no validity;
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2. Demands that Israel, the occupying Power, comply fully with the provisions
of the Fourth Geneva Convention of 1949 and cease immediately all measures and actions
taken in violation and in breach of the Convention;
3. Stresses the need for Israel, the occupying Power, to withdraw from the
Palestinian Territory occupied since 1967, including East Jerusalem, so as to enable the
Palestinian people to exercise its universally recognized right to self-determination;
4. Demands that Israel, the occupying Power, cease all practices and actions that
violate the human rights of the Palestinian people, and that it fully respect human rights law
and comply with its legal obligations in this regard, including in accordance with relevant
United Nations resolutions;
5. Also demands that Israel, the occupying Power, cease its imposition of
prolonged closures and economic and movement restrictions, including those amounting to
a blockade on the Gaza Strip, which severely restricts the freedom of movement of
Palestinians within, into and out of Gaza and their access to basic utilities, housing,
education, work, health and an adequate standard of living via various measures, including
import and export restrictions, that have a direct impact on livelihoods, economic
sustainability and development throughout Gaza, and in this regard calls upon Israel to
implement fully the Agreement on Movement and Access and the Agreed Principles for the
Rafah Crossing, in order to allow for the sustained and regular movement of persons and
goods and for the acceleration of long overdue reconstruction in the Gaza Strip;
6. Reiterates the need for respect for the territorial unity, contiguity and
integrity of all of the Occupied Palestinian Territory and for guarantees of the freedom of
movement of persons and goods within the Palestinian territory, including movement into
and from East Jerusalem, into and from the Gaza Strip, between the West Bank and the
Gaza Strip, and to and from the outside world;
7. Expresses grave concern at the confiscation and damage by Israel of fishing
nets in the Gaza Strip for which there is no discernible security justification;
8. Condemns the excessive use of force by the Israeli occupying forces against
Palestinian civilians, particularly in the Gaza Strip, and in the context of peaceful protests
in the West Bank, resulting in extensive loss of life and vast numbers of injuries;
9. Also condemns the firing of rockets against Israeli civilian areas resulting in
loss of life and injury;
10. Further condemns all acts of violence, including all acts of terror,
provocation, incitement and destruction, including the torching of places of worship and the
destruction of olive trees and crops by Israeli settlers;
11. Calls upon Israel to cease all violations of the right to education of
Palestinians, including those stemming from restrictions on movement and incidents of
harassment and attacks on school children and educational facilities by Israeli settlers and
as a result of Israeli military action;
12. Also calls upon Israel to end any harassment, intimidation and reprisals
against human rights defenders who peacefully advocate for the rights of Palestinians in the
Occupied Palestinian Territory, including by cooperating with United Nations human rights
bodies;
13. Expresses deep concern at the conditions of the Palestinian prisoners and
detainees in Israeli jails and detention centres, demands that Israel, the occupying Power,
fully respect and abide by its international law obligations towards all Palestinian prisoners
and detainees in its custody, and also expresses its concern at the continued extensive use of
administrative detention, calls for a full implementation of the agreement reached in May
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2012 for a prompt and independent investigation into all cases of death custody, and also
calls upon Israel to release any Palestinian prisoner whose detention is not in accordance
with international law;
14. Demands that Israel cease its policy of transferring prisoners from the
Occupied Palestinian Territory into the territory of Israel, and respect fully its obligations
under article 76 of the Fourth Geneva Convention;
15. Urges Israel to ensure that any arrest, detention and/or trial of Palestinian
children is in line with the Convention on the Rights of the Child, including by refraining
from holding criminal proceedings against them in military courts that, by definition, fall
short of providing the necessary guarantees to ensure respect for their rights and that
infringe upon their right to non-discrimination;
16. Demands that Israel, the occupying Power, cease all of its settlement
activities, the construction of the wall and any other measures aimed at altering the
character, status and demographic composition of the Occupied Palestinian Territory,
including in and around East Jerusalem, all of which have, inter alia, a grave and
detrimental impact on the human rights of the Palestinian people and the prospects for a
peaceful settlement;
17. Also demands that Israel, the occupying Power, comply with its legal
obligations under international law, as mentioned in the advisory opinion rendered on 9
July 2004 by the International Court of Justice and as demanded in General Assembly
resolutions ES-10/15 of 20 July 2004 and ES-10/13 of 21 October 2003, and that it
immediately cease the construction of the wall in the Occupied Palestinian Territory,
including in and around East Jerusalem, dismantle forthwith the structure situated therein,
repeal or render ineffective all legislative and regulatory acts relating thereto, and make
reparation for all damage caused by the construction of the wall, which has had a grave
impact on the human rights and the socioeconomic living conditions of the Palestinian
people;
18. Calls upon Israel to immediately cease any demolitions or plans for
demolitions that would result in the forcible transfer or forced eviction of Palestinians,
particularly in the vulnerable areas of the Jordan Valley, the periphery of Jerusalem and the
South Hebron Hills, to facilitate the return of those Palestinian communities already
subjected to forcible transfer or eviction to their original dwellings, and to ensure adequate
housing and legal security of tenure;
19. Urges Israel to ensure that water resource allocation in the Occupied
Palestinian Territory is not discriminatory and does not result in water shortages
disproportionately affecting the Palestinian population of the West Bank, and to take urgent
steps to facilitate the restoration of the water infrastructure of the West Bank, including in
the Jordan Valley, affected by the destruction of the wells of local civilians, roof water
tanks and other water and irrigation facilities under military and settler operation since
1967;
20. Deplores the illegal Israeli actions in occupied East Jerusalem, including
home demolitions, evictions of Palestinian residents, excavations in and around religious
and historic sites, and all other unilateral measures aimed at altering the character, status
and demographic composition of the city and of the territory as a whole;
21. Expresses grave concern at:
(a) The restrictions imposed by Israel that impede access of Christian and
Muslim worshippers to holy sites in the Occupied Palestinian Territory, including East
Jerusalem, and calls upon Israel to include guarantees for non-discrimination on grounds of
religion or belief as well as for the preservation and peaceful access to all religious sites;
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(b) The increasing tensions in occupied East Jerusalem and the wider region,
including those stemming from attempts aimed at illegally changing the status quo of holy
sites;
22. Expresses serious concern at the Citizenship and Entry into Israel Law
adopted by the Knesset, which suspends the possibility, with certain rare exceptions, of
family reunification between an Israeli citizen and a person residing in the Occupied
Palestinian Territory, including East Jerusalem, thus adversely affecting the lives of many
families;
23. Urges Member States to continue to provide emergency assistance to the
Palestinian people to alleviate the financial crisis and the dire socioeconomic and
humanitarian situation, particularly in the Gaza Strip;
24. Emphasizes the need to preserve and develop the Palestinian institutions and
infrastructure for the provision of vital public services to the Palestinian civilian population
and the promotion of human rights, including civil, political, economic, social and cultural
rights;
25. Stresses the need for Israel to abide by all relevant United Nations resolutions
and to cooperate with the Human Rights Council, all special procedures and the Office of
the United Nations High Commissioner for Human Rights;
26. Requests the Secretary-General to report on the implementation of the present
resolution to the Human Rights Council at its twenty-eighth session;
27. Decides to remain seized of the matter.
56th meeting
28 March 2014
[Adopted by a recorded vote of 46 to 1. The voting was as follows:
In favour:
Algeria, Argentina, Austria, Benin, Botswana, Brazil, Burkina Faso, Chile,
China, Congo, Costa Rica, Côte d’Ivoire, Cuba, Czech Republic, Estonia,
Ethiopia, France, Gabon, Germany, India, Indonesia, Ireland, Italy, Japan,
Kazakhstan, Kenya, Kuwait, Maldives, Mexico, Montenegro, Morocco,
Namibia, Pakistan, Peru, Philippines, Republic of Korea, Romania, Russian
Federation, Saudi Arabia, Sierra Leone, South Africa, the former Yugoslav
Republic of Macedonia, United Arab Emirates, United Kingdom of Great
Britain and Northern Ireland, Venezuela (Bolivarian Republic of), Viet Nam
Against:
United States of America]
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GE.15-07586 (E)

Human Rights Council
Twenty-eighth session
Agenda item 7
Human rights situation in Palestine and other
occupied Arab territories
Resolution adopted by the Human Rights Council
28/27. Human rights situation in the Occupied Palestinian
Territory, including East Jerusalem
The Human Rights Council,
Recalling the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, the International Covenant on Economic, Social and Cultural
Rights, the Convention on the Rights of the Child and the Optional Protocol thereto on the
involvement of children in armed conflict, the Convention on the Elimination of All Forms
of Discrimination against Women, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and the International Convention on the
Elimination of All Forms of Racial Discrimination, and affirming that these human rights
instruments, among others, are applicable to and must be respected in the Occupied
Palestinian Territory, including East Jerusalem,
Recalling also relevant resolutions of the Human Rights Council,
Taking note of the recent reports of the Special Rapporteur on the situation of human
rights in the Palestinian territories occupied since 1967, and of other relevant recent reports
of the Human Rights Council,
Noting the recent accession by Palestine to several human rights treaties and the core
humanitarian law conventions, and its accession on 2 January 2015 to the Rome Statute of
the International Criminal Court,
Deploring Israel’s recurrent practice of withholding Palestinian tax revenues,
Aware of the responsibility of the international community to promote human rights
and to ensure respect for international law,
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of
Justice, and recalling also General Assembly resolutions ES-10/15 of 20 July 2004 and ES-
10/17 of 15 December 2006,
United Nations A/HRC/RES/28/27
General Assembly Distr.: General
13 April 2015
Original: English
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Noting in particular the Court’s reply, including that the construction of the wall
being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including
in and around East Jerusalem, and its associated regime are contrary to international law,
Reaffirming the principle of the inadmissibility of the acquisition of territory by
force, and deeply concerned at the fragmentation of the Occupied Palestinian Territory,
including East Jerusalem, through the construction of settlements, settler roads, the wall and
other measures that are tantamount to de facto annexation of Palestinian land,
Emphasizing the applicability of the Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory,
including East Jerusalem, and reaffirming the obligation of the States parties to the Fourth
Geneva Convention under articles 146, 147 and 148 with regard to penal sanctions, grave
breaches and responsibilities of the High Contracting Parties,
Reaffirming that all States have the right and the duty to take actions in conformity
with international human rights law and international humanitarian law to counter deadly
acts of violence against their civilian population in order to protect the lives of their
citizens,
Stressing the need for full compliance with the Israeli-Palestinian agreements
reached within the context of the Middle East peace process, including the Sharm el-Sheikh
understandings, and the implementation of the Quartet road map to a permanent two-State
solution to the Israeli-Palestinian conflict,
Stressing the importance of accountability in preventing future conflicts and
ensuring that there is no impunity for violations and abuses, thereby contributing to peace
efforts and avoiding the recurrence of violations of international law, including
international humanitarian law and international human rights law,
Expressing grave concern at the continuing systematic violation of the human rights
of the Palestinian people by Israel, the occupying Power, including that arising from the
excessive use of force and military operations causing death and injury to Palestinian
civilians, including children and women, to non-violent, peaceful demonstrators and to
journalists, including through the use of live ammunition; the use of collective punishment;
the closure of areas; the confiscation of land; the establishment and expansion of
settlements; the construction of a wall in the Occupied Palestinian Territory in departure
from the Armistice Line of 1949; the policies and practices that discriminate against and
disproportionately affect the Palestinian population in the Occupied Palestinian Territory,
including East Jerusalem; the discriminatory allocation of water resources between Israeli
settlers who reside illegally in the Occupied Palestinian Territory, and the Palestinian
population of the said Territory; the violation of the basic right to adequate housing, which
is a component of the right to an adequate standard of living; the destruction of property
and infrastructure; and all other actions by it designed to change the legal status,
geographical nature and demographic composition of the Occupied Palestinian Territory,
including East Jerusalem,
Deploring the conflict in and around the Gaza Strip in July and August 2014 and the
civilian casualties caused, including the killing and injury of thousands of Palestinian
civilians, including children, women and elderly persons, the widespread destruction of
thousands of homes and of civilian infrastructure, including schools, hospitals, water
sanitation and electricity networks, economic, industrial and agricultural properties, public
institutions, religious sites and United Nations schools and facilities, the internal
displacement of hundreds of thousands of civilians, and any violations of international law,
including humanitarian and human rights law, in this regard,
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Gravely concerned in particular about the disastrous humanitarian situation and the
critical socioeconomic and security situations in the Gaza Strip, including that resulting
from the prolonged continuous closures and severe economic and movement restrictions
that in effect amount to a blockade, and from the continuing and vastly negative
repercussions of the military operations between December 2008 and January 2009, in
November 2012 and in July and August 2014, as well as about the firing of rockets into
Israel,
Stressing that the situation in the Gaza Strip is unsustainable and that a durable
ceasefire agreement must lead to a fundamental improvement in the living conditions of the
Palestinian people in the Gaza Strip, including through the sustained and regular opening of
crossing points, and ensure the safety and well-being of civilians on both sides,
Affirming the need to support the Palestinian national consensus government in its
assumption of full government responsibilities in both the West Bank and the Gaza Strip, in
all fields, and through its presence at Gaza crossing points,
Expressing deep concern at the short- and long-term detrimental impact of such
widespread destruction and the continued impediments to the reconstruction process on the
human rights situation and on the socioeconomic and humanitarian conditions of the
Palestinian civilian population, compounded by the fact that only about 5 per cent of
pledged donations for reconstruction have reached the Gaza Strip, and calling upon the
international community to step up its efforts in order to provide the Gaza Strip with the
assistance that it requires,
Stressing the need to end immediately the closure of the Gaza Strip and for the full
implementation of the Agreement on Movement and Access and the Agreed Principles for
the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement of
the Palestinian civilian population within and into and out of the Gaza Strip, taking into
account Israeli concerns,
Stressing the need also for all parties, in conformity with the relevant provisions of
international humanitarian law, to cooperate fully with the United Nations and other
humanitarian agencies and organizations and to ensure the safe and unhindered access of
humanitarian personnel, and the delivery of supplies and equipment, in order to allow such
personnel to perform efficiently their task of assisting affected civilian populations,
including refugees and internally displaced persons,
Expressing deep concern at the Israeli policy of closures and the imposition of
severe restrictions and checkpoints, several of which have been transformed into structures
akin to permanent border crossings, other physical obstacles and a permit regime, which are
applied in a discriminatory manner affecting the Palestinian population only, and all of
which obstruct the freedom of movement of persons and goods, including medical and
humanitarian goods, throughout the Occupied Palestinian Territory, including East
Jerusalem, and impair the Territory’s contiguity, and deeply concerned also at the
consequent violation of the human rights of the Palestinian people and the negative impact
on their socioeconomic situation and the efforts aimed at rehabilitating and developing the
Palestinian economy,
Deploring all policies and practices whereby Israeli settlers who reside illegally in
the Occupied Palestinian Territory, including East Jerusalem, are accorded preferential
treatment over the Palestinian population in terms of access to roads, infrastructure, land,
property, housing, natural resources and judicial mechanisms, resulting in widespread
human rights violations of Palestinians,
Emphasizing that the destruction of property and the forced displacement of
Palestinian communities in the Occupied Palestinian Territory, including East Jerusalem,
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4
constitute, in all but the most limited cases as specified under international law, violations
of the prohibitions on destruction of property and forcible transfer, respectively under
articles 53 and 49 of the Fourth Geneva Convention,
Deeply concerned at reports of the hampering and destruction of humanitarian
assistance by Israel, contributing to a coercive environment that can lead to the forcible
transfer of Palestinian civilians in the Occupied Palestinian Territory,
Expressing deep concern that thousands of Palestinians, including many children
and women and elected members of the Palestinian Legislative Council, continue to be
detained and held in Israeli prisons or detention centres under harsh conditions, including
unhygienic conditions, solitary confinement, lack of proper medical care, denial of family
visits and denial of due process, that impair their well-being, and expressing deep concern
also about the ill-treatment and harassment of any Palestinian prisoner and all reports of
torture,
Expressing concern about the possible consequences of the enactment by Israel, the
occupying Power, of military orders regarding the detention, imprisonment and deportation
of Palestinian civilians from the Occupied Palestinian Territory, including East Jerusalem,
and recalling in this regard the prohibition under international humanitarian law of the
deportation of civilians from occupied territories,
Convinced of the need for an international presence to monitor the situation, to
contribute to ending the violence and protecting the Palestinian civilian population and to
help the parties to implement the agreements reached, and in this regard recalling the
positive contribution of the Temporary International Presence in Hebron,
Recognizing the continued efforts and tangible progress made in the Palestinian
security sector, noting the continued cooperation that benefits both Palestinians and Israelis,
in particular by promoting security and building confidence, and expressing the hope that
such progress will be extended to all major population centres,
Emphasizing the right of all people in the region to the enjoyment of human rights as
enshrined in the International Covenants on Human Rights,
1. Stresses the need for Israel, the occupying Power, to withdraw from the
Palestinian territory occupied since 1967, including East Jerusalem, so as to enable the
Palestinian people to exercise its universally recognized right to self-determination;
2. Reiterates that all measures and actions taken by Israel, the occupying Power,
in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant
provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time
of War, of 12 August 1949, and contrary to the relevant resolutions of the Security Council
are illegal and have no validity;
3. Demands that Israel, the occupying Power, comply fully with the provisions
of the Fourth Geneva Convention of 1949 and cease immediately all measures and actions
taken in violation and in breach of the Convention;
4. Also demands that Israel, the occupying Power, cease all practices and
actions that violate the human rights of the Palestinian people, and that it fully respect
human rights law and comply with its legal obligations in this regard, including in
accordance with relevant United Nations resolutions;
5. Reiterates the need for respect for the territorial unity, contiguity and
integrity of all of the Occupied Palestinian Territory and for guarantees of the freedom of
movement of persons and goods within the Palestinian territory, including movement into
and from East Jerusalem, into and from the Gaza Strip, between the West Bank and the
Gaza Strip, and to and from the outside world;
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6. Stresses the need for the unhindered passage of ambulances at checkpoints,
especially in times of conflict;
7. Demands that Israel, the occupying Power, cease immediately its imposition
of prolonged closures and economic and movement restrictions, including those amounting
to a blockade on the Gaza Strip, which severely restricts the freedom of movement of
Palestinians within, into and out of Gaza and their access to basic utilities, housing,
education, work, health and an adequate standard of living via various measures, including
import and export restrictions, that have a direct impact on livelihoods, economic
sustainability and development throughout Gaza, and in this regard calls upon Israel to
implement fully the Agreement on Movement and Access and the Agreed Principles for the
Rafah Crossing in order to allow for the sustained and regular movement of persons and
goods and for the acceleration of long overdue reconstruction in the Gaza Strip;
8. Expresses grave concern at the confiscation and damage by Israel of fishing
nets in the Gaza Strip for which there is no discernible security justification;
9. Condemns all acts of violence, including all acts of terror, provocation,
incitement and destruction, especially the excessive use of force by the Israeli occupying
forces against Palestinian civilians, particularly in the Gaza Strip, where bombardment of
populated areas has caused extensive loss of life and a vast number of injuries, including
among thousands of children and women, massive damage and destruction to homes,
economic, industrial and agricultural properties, vital infrastructure, including water,
sanitation and electricity networks, religious sites and public institutions, including
hospitals and schools, and United Nations facilities, and agricultural lands, and large-scale
internal displacement of civilians, and the excessive use of force by the Israeli occupying
forces against Palestinian civilians in the context of peaceful protests in the West Bank;
10. Also condemns the firing of rockets against Israeli civilian areas resulting in
loss of life and injury;
11. Calls upon Israel to cease all violations of the right to education of
Palestinians, including those stemming from restrictions on movement and incidents of
harassment and attacks on school children and educational facilities by Israeli settlers and
as a result of Israeli military action;
12. Also calls upon Israel to end any harassment, intimidation and reprisals
against human rights defenders who peacefully advocate for the rights of Palestinians in the
Occupied Palestinian Territory, including by cooperating with United Nations human rights
bodies;
13. Expresses deep concern at the conditions of the Palestinian prisoners and
detainees, including minors, in Israeli jails and detention centres, demands that Israel, the
occupying Power, fully respect and abide by its international law obligations towards all
Palestinian prisoners and detainees in its custody, and also expresses its concern at the
continued extensive use of administrative detention, calls for a full implementation of the
agreement reached in May 2012 for a prompt and independent investigation into all cases
of death custody, and also calls upon Israel to release any Palestinian prisoner whose
detention is not in accordance with international law;
14. Calls upon Israel to explicitly prohibit torture, including psychological
torture and other cruel, inhuman or degrading treatment or punishment;
15. Demands that Israel cease its policy of transferring prisoners from the
Occupied Palestinian Territory into the territory of Israel, and respect fully its obligations
under article 76 of the Fourth Geneva Convention;
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16. Urges Israel to ensure that any arrest, detention and/or trial of Palestinian
children is in line with the Convention on the Rights of the Child, including by refraining
from holding criminal proceedings against them in military courts that, by definition, fall
short of providing the necessary guarantees to ensure respect for their rights and that
infringe upon their right to non-discrimination;
17. Deplores Israel’s resumption of the policy of punitive home demolitions and
the ongoing policy of revoking the residency permits of Palestinians living in East
Jerusalem through various discriminatory laws, and the demolition of residential structures
and the forced eviction of Palestinian families, in violation of their basic right to adequate
housing and in violation of international humanitarian law;
18. Expresses concern at the Citizenship and Entry into Israel Law adopted by
the Knesset, which suspends the possibility, with certain rare exceptions, of family
reunification between Israeli citizens and persons residing in the Occupied Palestinian
Territory, including East Jerusalem, thus adversely affecting the lives of many families;
19. Demands that Israel, the occupying Power, cease all of its settlement
activities, the construction of the wall and any other measures aimed at altering the
character, status and demographic composition of the Occupied Palestinian Territory,
including in and around East Jerusalem, all of which have, inter alia, a grave and
detrimental impact on the human rights of the Palestinian people and the prospects for a
peaceful settlement;
20. Also demands that Israel, the occupying Power, comply with its legal
obligations under international law, as mentioned in the advisory opinion rendered on 9
July 2004 by the International Court of Justice and as demanded in General Assembly
resolutions ES-10/15 of 20 July 2004 and ES-10/13 of 21 October 2003, and that it
immediately cease the construction of the wall in the Occupied Palestinian Territory,
including in and around East Jerusalem, dismantle forthwith the structure situated therein,
repeal or render ineffective all legislative and regulatory acts relating thereto, and make
reparation for all damage caused by the construction of the wall, which has had a grave
impact on the human rights and the socioeconomic living conditions of the Palestinian
people;
21. Calls upon Israel to immediately cease any demolitions or plans for
demolitions that would result in the forcible transfer or forced eviction of Palestinians,
particularly in the vulnerable areas of the Jordan Valley, the periphery of Jerusalem and the
South Hebron Hills, to facilitate the return of those Palestinian communities already
subjected to forcible transfer or eviction to their original dwellings and to ensure adequate
housing and legal security of tenure;
22. Urges Israel to ensure that water resource allocation in the Occupied
Palestinian Territory is not discriminatory and does not result in water shortages
disproportionately affecting the Palestinian population of the West Bank, and to take urgent
steps to facilitate the restoration of the water infrastructure of the West Bank, including in
the Jordan Valley, affected by the destruction of the wells of local civilians, roof water
tanks and other water and irrigation facilities under military and settler operation since
1967;
23. Deplores the illegal Israeli actions in occupied East Jerusalem, including
home demolitions, evictions of Palestinian residents, excavations in and around religious
and historic sites, and all other unilateral measures aimed at altering the character, status
and demographic composition of the city and of the territory as a whole;
24. Expresses grave concern at:
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(a) The restrictions imposed by Israel that impede access of Christian and
Muslim worshippers to holy sites in the Occupied Palestinian Territory, including East
Jerusalem, and calls upon Israel to include guarantees for non-discrimination on grounds of
religion or belief as well as for the preservation and peaceful access to all religious sites;
(b) The increasing tensions in occupied East Jerusalem and the wider region,
including those stemming from attempts aimed at illegally changing the status quo of holy
sites;
25. Urges Member States to continue to provide emergency assistance to the
Palestinian people to alleviate the financial crisis and the dire socioeconomic and
humanitarian situation, particularly in the Gaza Strip;
26. Emphasizes the need to preserve and develop the Palestinian institutions and
infrastructure for the provision of vital public services to the Palestinian civilian population
and the promotion of human rights, including civil, political, economic, social and cultural
rights;
27. Deplores the persistent non-cooperation of Israel with special procedures
mandate holders and other United Nations mechanisms, and stresses the need for Israel to
abide by all relevant United Nations resolutions and to cooperate with the Human Rights
Council, all special procedures and the Office of the United Nations High Commissioner
for Human Rights;
28. Requests the Office of the High Commissioner to strengthen further the
presence of its office in the Occupied Palestinian Territory by, inter alia, deploying the
necessary personnel and expertise;
29. Requests the Secretary-General to report on the implementation of the present
resolution to the Human Rights Council at its thirty-first session;
30. Decides to remain seized of the matter.
57th meeting
27 March 2015
[Adopted by a recorded vote of 43 to 1, with 3 abstentions. The voting was as follows:
In favour:
Albania, Algeria, Argentina, Bangladesh, Bolivia (Plurinational State of),
Brazil, China, Congo, Côte d’Ivoire, Cuba, El Salvador, Estonia, Ethiopia,
France, Gabon, Germany, Ghana,* India, Indonesia, Ireland, Japan,
Kazakhstan, Kenya, Latvia, Maldives, Mexico, Montenegro, Morocco,
Namibia, Netherlands, Nigeria, Pakistan, Portugal, Qatar, Republic of Korea,
Russian Federation, Saudi Arabia, Sierra Leone, South Africa, United Arab
Emirates, United Kingdom of Great Britain and Northern Ireland, Venezuela
(Bolivarian Republic of), Viet Nam
Against:
United States of America
Abstaining:
Botswana, Paraguay, the former Yugoslav Republic of Macedonia]
* The delegation of Ghana subsequently stated that there had been an error in its voting and that it had
intended to abstain.
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*1606470*
Human Rights Council
Thirty-first session
Agenda item 7
Resolution adopted by the Human Rights Council on 24
March 2016
31/34. Human rights situation in the Occupied Palestinian
Territory, including East Jerusalem
The Human Rights Council,
Recalling the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, the International Covenant on Economic, Social and Cultural
Rights, the Convention on the Rights of the Child and the Optional Protocol thereto on the
involvement of children in armed conflict, the Convention on the Elimination of All Forms
of Discrimination against Women, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and the International Convention on the
Elimination of All Forms of Racial Discrimination, and affirming that these human rights
instruments, among others, are applicable to and must be respected in the Occupied
Palestinian Territory, including East Jerusalem,
Recalling also relevant resolutions of the Human Rights Council,
Taking note of the recent reports of the Special Rapporteur on the situation of human
rights in the Palestinian territories occupied since 1967, and of other relevant recent reports
of the Human Rights Council,
Noting the recent accession by Palestine to several human rights treaties and the core
humanitarian law conventions, and its accession on 2 January 2015 to the Rome Statute of
the International Criminal Court,
Deploring Israel’s recurrent practice of withholding Palestinian tax revenues,
Aware of the responsibility of the international community to promote human rights
and ensure respect for international law,
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of
Justice, and recalling also General Assembly resolutions ES-10/15 of 20 July 2004 and ES-
10/17 of 15 December 2006,
Noting in particular the Court’s reply, including that the construction of the wall
being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including
in and around East Jerusalem, and its associated regime are contrary to international law,
United Nations A/HRC/RES/31/34
General Assembly Distr.: General
20 April 2016
Original: English
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Reaffirming the principle of the inadmissibility of the acquisition of territory by
force, and deeply concerned at the fragmentation of the Occupied Palestinian Territory,
including East Jerusalem, through the construction of settlements, settler roads, the wall and
other measures that are tantamount to de facto annexation of Palestinian land,
Emphasizing the applicability of the Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory,
including East Jerusalem, and reaffirming the obligation of the States parties to the Fourth
Geneva Convention under articles 146, 147 and 148 with regard to penal sanctions, grave
breaches and responsibilities of the High Contracting Parties,
Reaffirming that all States have the right and the duty to take actions in conformity
with international human rights law and international humanitarian law to counter deadly
acts of violence against their civilian population in order to protect the lives of their
citizens,
Stressing the need for full compliance with the Israeli-Palestinian agreements
reached within the context of the Middle East peace process, including the Sharm el-Sheikh
understandings, and the implementation of the Quartet road map to a permanent two-State
solution to the Israeli-Palestinian conflict,
Also stressing the importance of accountability in preventing future conflicts and
ensuring that there is no impunity for violations and abuses, thereby contributing to peace
efforts and avoiding the recurrence of violations of international law, including
international humanitarian law and international human rights law,
Expressing grave concern about the continuing systematic violation of the human
rights of the Palestinian people by Israel, the occupying Power, including that arising from
the excessive use of force and military operations causing death and injury to Palestinian
civilians, including children and women, and to non-violent, peaceful demonstrators and to
journalists, including through the use of live ammunition; the use of collective punishment;
the closure of areas; the confiscation of land; the establishment and expansion of
settlements; the construction of a wall in the Occupied Palestinian Territory in departure
from the Armistice Line of 1949; the policies and practices that discriminate against and
disproportionately affect the Palestinian population in the Occupied Palestinian Territory,
including East Jerusalem; the discriminatory allocation of water resources between Israeli
settlers, who reside illegally in the Occupied Palestinian Territory, and the Palestinian
population of the said Territory; the violation of the basic right to adequate housing, which
is a component of the right to an adequate standard of living; the destruction of property
and infrastructure; and all other actions by it designed to change the legal status,
geographical nature and demographic composition of the Occupied Palestinian Territory,
including East Jerusalem,
Gravely concerned in this regard by the ongoing demolition of Palestinian homes by
Israel, the occupying Power, in particular in Occupied East Jerusalem, including when
carried out as an act of collective punishment in violation of international humanitarian law,
and by the revocation of residence permits and the eviction of Palestinian residents of the
city,
Deploring the conflict in and around the Gaza Strip in July and August 2014 and the
civilian casualties caused, including the killing and injury of thousands of Palestinian
civilians, including children, women and elderly persons, the widespread destruction of
thousands of homes and of civilian infrastructure, including schools, hospitals, water
sanitation and electricity networks, economic, industrial and agricultural properties, public
institutions, religious sites and United Nations schools and facilities, the internal
displacement of hundreds of thousands of civilians, and any violations of international law,
including humanitarian and human rights law, in this regard,
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Gravely concerned in particular about the disastrous humanitarian situation and the
critical socioeconomic and security situations in the Gaza Strip, including that resulting
from the prolonged continuous closures and severe economic and movement restrictions
that in effect amount to a blockade, and from the continuing and vastly negative
repercussions of the military operations between December 2008 and January 2009, in
November 2012 and in July and August 2014, and about the firing of rockets into Israel,
Stressing that the situation in the Gaza Strip is unsustainable and that a durable
ceasefire agreement must lead to a fundamental improvement in the living conditions of the
Palestinian people in the Gaza Strip, including through the sustained and regular opening of
crossing points, and ensure the safety and well-being of civilians on both sides,
Affirming the need to support the Palestinian national consensus Government in its
assumption of full government responsibilities in both the West Bank and the Gaza Strip, in
all fields, and through its presence at Gaza crossing points,
Expressing deep concern about the short- and long-term detrimental impact of such
widespread destruction and the continued impediments to the reconstruction process on the
human rights situation and on the socioeconomic and humanitarian conditions of the
Palestinian civilian population, and calling upon the international community to step up its
efforts to provide the Gaza Strip with the assistance that it requires,
Stressing the need to end immediately the closure of the Gaza Strip and for the full
implementation of the Agreement on Movement and Access and the Agreed Principles for
the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement of
the Palestinian civilian population within and into and out of the Gaza Strip, while taking
into account Israeli concerns,
Stressing also the need for all parties, in conformity with the relevant provisions of
international humanitarian law, to cooperate fully with the United Nations and other
humanitarian agencies and organizations and to ensure the safe and unhindered access of
humanitarian personnel, and the delivery of supplies and equipment, in order to allow such
personnel to perform efficiently their task of assisting affected civilian populations,
including refugees and internally displaced persons,
Expressing deep concern at the Israeli policy of closures and the imposition of
severe restrictions and checkpoints, several of which have been transformed into structures
akin to permanent border crossings, other physical obstacles and a permit regime, which are
applied in a discriminatory manner affecting the Palestinian population only, and all of
which obstruct the freedom of movement of persons and goods, including medical and
humanitarian goods, throughout the Occupied Palestinian Territory, including East
Jerusalem, and impair the Territory’s contiguity, and deeply concerned also at the
consequent violation of the human rights of the Palestinian people and the negative impact
on their socioeconomic situation and the efforts aimed at rehabilitating and developing the
Palestinian economy,
Convinced that the Israeli occupation has gravely impeded the efforts to achieve
sustainable development and a sound economic environment in the Occupied Palestinian
Territory, including East Jerusalem, and expressing grave concern at the consequent
deterioration of economic and living conditions,
Deploring all policies and practices whereby Israeli settlers, who reside illegally in
the Occupied Palestinian Territory, including East Jerusalem, are accorded preferential
treatment over the Palestinian population in terms of access to roads, infrastructure, land,
property, housing, natural resources and judicial mechanisms, resulting in widespread
human rights violations of Palestinians,
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Emphasizing that the destruction of property and the forced displacement of
Palestinian communities in the Occupied Palestinian Territory, including East Jerusalem,
constitute, in all but the most limited cases as specified under international law, violations
of the prohibitions on the destruction of property and on forcible transfers, respectively,
under articles 53 and 49 of the Fourth Geneva Convention,
Deeply concerned at reports of the hampering and destruction of humanitarian
assistance by Israel, contributing to a coercive environment that can lead to the forcible
transfer of Palestinian civilians in the Occupied Palestinian Territory,
Expressing deep concern that thousands of Palestinians, including many children
and women and elected members of the Palestinian Legislative Council, continue to be
detained and held in Israeli prisons or detention centres under harsh conditions, including,
inter alia, unhygienic conditions, solitary confinement, lack of proper medical care, denial
of family visits and denial of due process, that impair their well-being, and expressing deep
concern also at the ill-treatment and harassment of any Palestinian prisoner and all reports
of torture,
Expressing deep concern also at the recent hunger strikes by numerous Palestinian
prisoners in protest at the harsh conditions of their imprisonment and detention by the
occupying Power, while taking note of the agreement reached in May 2012 on conditions of
detention in Israeli prisons and calling for its full and immediate implementation,
Recalling the United Nations Standard Minimum Rules for the Treatment of
Prisoners (the Nelson Mandela Rules) and the United Nations Rules for the Treatment of
Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules),
and calling for respect for those rules,
Expressing concern at the possible consequences of the enactment by Israel, the
occupying Power, of military orders regarding the detention, imprisonment and deportation
of Palestinian civilians from the Occupied Palestinian Territory, including East Jerusalem,
and recalling in this regard the prohibition under international humanitarian law of the
deportation of civilians from occupied territories,
Convinced of the need for an international presence to monitor the situation, to
contribute to ending the violence and protecting the Palestinian civilian population and to
help the parties to implement the agreements reached, and in this regard recalling the
positive contribution of the Temporary International Presence in Hebron,
Recognizing the continued efforts and tangible progress made in the Palestinian
security sector, noting the continued cooperation that benefits both Palestinians and Israelis,
in particular by promoting security and building confidence, and expressing the hope that
such progress will be extended to all major population centres,
Emphasizing the right of all people in the region to the enjoyment of human rights as
enshrined in the international human rights covenants,
1. Stresses the need for Israel, the occupying Power, to withdraw from the
Palestinian territory occupied since 1967, including East Jerusalem, so as to enable the
Palestinian people to exercise its universally recognized right to self-determination;
2. Reiterates that all measures and actions taken by Israel, the occupying Power,
in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant
provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time
of War, of 12 August 1949, and contrary to the relevant resolutions of the Security Council
are illegal and have no validity;
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3. Demands that Israel, the occupying Power, comply fully with the provisions
of the Fourth Geneva Convention of 1949 and cease immediately all measures and actions
taken in violation and in breach of the Convention;
4. Calls for urgent measures to ensure the safety and protection of the
Palestinian civilian population in the Occupied Palestinian Territory, including East
Jerusalem, in accordance with the relevant provisions of international humanitarian law and
as called for by the Security Council in its resolution 904 (1994) of 18 March 1994;
5. Demands that Israel, the occupying Power, cease all practices and actions that
violate the human rights of the Palestinian people, and that it fully respect human rights law
and comply with its legal obligations in this regard, including in accordance with relevant
United Nations resolutions;
6. Reiterates the need for respect for the territorial unity, contiguity and
integrity of all of the Occupied Palestinian Territory and for guarantees of the freedom of
movement of persons and goods within the Palestinian territory, including movement into
and from East Jerusalem, into and from the Gaza Strip, between the West Bank and the
Gaza Strip, and to and from the outside world;
7. Also reiterates the responsibility of Israel, the occupying Power, to respect
the right to health of all persons within the Occupied Palestinian Territory and to facilitate
access of medical supplies and medical practitioners to all areas under occupation,
including the Gaza Strip, and stresses the need for the unhindered passage of ambulances at
checkpoints, especially in times of conflict;
8. Demands that Israel, the occupying Power, cease immediately its imposition
of prolonged closures and economic and movement restrictions, including those amounting
to a blockade on the Gaza Strip, which severely restricts the freedom of movement of
Palestinians within, into and out of Gaza and their access to basic utilities, housing,
education, work, health and an adequate standard of living via various measures, including
import and export restrictions, that have a direct impact on livelihoods, economic
sustainability and development throughout Gaza, and in this regard calls upon Israel to
implement fully the Agreement on Movement and Access and the Agreed Principles for the
Rafah Crossing in order to allow for the sustained and regular movement of persons and
goods and for the acceleration of long overdue reconstruction in the Gaza Strip;
9. Expresses grave concern at the confiscation and damage by Israel of fishing
nets in the Gaza Strip for which there is no discernible security justification;
10. Condemns all acts of violence, including all acts of terror, provocation,
incitement and destruction, especially the excessive use of force by the Israeli occupying
forces against Palestinian civilians, particularly in the Gaza Strip, where bombardment of
populated areas has caused extensive loss of life and a vast number of injuries, including
among thousands of children and women, massive damage and destruction to homes,
economic, industrial and agricultural properties, vital infrastructure, including water,
sanitation and electricity networks, religious sites and public institutions, including
hospitals and schools, and United Nations facilities, and agricultural lands, and large-scale
internal displacement of civilians, and the excessive use of force by the Israeli occupying
forces against Palestinian civilians in the context of peaceful protests in the West Bank;
11. Also condemns the firing of rockets against Israeli civilian areas resulting in
loss of life and injury;
12. Calls upon Israel to cease all violations of the right to education of
Palestinians, including those stemming from restrictions on movement and incidents of
harassment and attacks on school children and educational facilities by Israeli settlers and
as a result of Israeli military action;
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13. Also calls upon Israel to end all harassment, threats, intimidation and
reprisals against human rights defenders and civil society actors who peacefully advocate
for the rights of Palestinians in the Occupied Palestinian Territory, including by cooperating
with United Nations human rights bodies, and underscores the need to investigate all such
acts, to ensure accountability and effective remedies, and to take steps to prevent any
further such threats, attacks, reprisals or acts of intimidation;
14. Expresses deep concern at the conditions of the Palestinian prisoners and
detainees, including minors, in Israeli jails and detention centres, demands that Israel, the
occupying Power, fully respect and abide by its international law obligations towards all
Palestinian prisoners and detainees in its custody, and also expresses its concern at the
continued extensive use of administrative detention, calls for a full implementation of the
agreement reached in May 2012 for a prompt and independent investigation into all cases
of death custody, and also calls upon Israel to release all Palestinian prisoners detained in
violation of international law;
15. Calls for urgent attention to the plight and the rights, in accordance with
international law, of Palestinian prisoners and detainees in Israeli jails, and calls for respect
for the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson
Mandela Rules) and the United Nations Rules for the Treatment of Women Prisoners and
Non-custodial Measures for Women Offenders (the Bangkok Rules);
16. Calls upon Israel to explicitly prohibit torture, including psychological
torture and other cruel, inhuman or degrading treatment or punishment;
17. Demands that Israel cease its policy of transferring prisoners from the
Occupied Palestinian Territory into the territory of Israel, and respect fully its obligations
under article 76 of the Fourth Geneva Convention;
18. Urges Israel to ensure that any arrest, detention and/or trial of Palestinian
children is in line with the Convention on the Rights of the Child, including by refraining
from holding criminal proceedings against them in military courts that, by definition, fall
short of providing the necessary guarantees to ensure respect for their rights and that
infringe upon their right to non-discrimination;
19. Deplores Israel’s resumption of the policy of punitive home demolitions and
the ongoing policy of revoking the residency permits of Palestinians living in East
Jerusalem through various discriminatory laws, and the demolition of residential structures
and the forced eviction of Palestinian families, in violation of their basic right to adequate
housing and in violation of international humanitarian law;
20. Expresses concern at the Citizenship and Entry into Israel Law adopted by
the Knesset, which suspends the possibility, with certain rare exceptions, of family
reunification between Israeli citizens and persons residing in the Occupied Palestinian
Territory, including East Jerusalem, thus adversely affecting the lives of many families;
21. Demands that Israel, the occupying Power, cease all of its settlement
activities, the construction of the wall and any other measures aimed at altering the
character, status and demographic composition of the Occupied Palestinian Territory,
including in and around East Jerusalem, all of which have, inter alia, a grave and
detrimental impact on the human rights of the Palestinian people and the prospects for a
peaceful settlement;
22. Also demands that Israel, the occupying Power, comply with its legal
obligations under international law, as mentioned in the advisory opinion rendered on 9
July 2004 by the International Court of Justice and as demanded by the General Assembly
in its resolutions ES-10/15 of 20 July 2004 and ES-10/13 of 21 October 2003, and that it
immediately cease the construction of the wall in the Occupied Palestinian Territory,
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including in and around East Jerusalem, dismantle forthwith the structure situated therein,
repeal or render ineffective all legislative and regulatory acts relating thereto, and make
reparation for all damage caused by the construction of the wall, which has had a grave
impact on the human rights and the socioeconomic living conditions of the Palestinian
people;
23. Calls upon Israel to immediately cease any demolitions or plans for
demolitions that would result in the forcible transfer or forced eviction of Palestinians,
particularly in the vulnerable areas of the Jordan Valley, the periphery of Jerusalem and the
South Hebron Hills, to facilitate the return of those Palestinian communities already
subjected to forcible transfer or eviction to their original dwellings and to ensure adequate
housing and legal security of tenure;
24. Urges Israel to ensure that water resource allocation in the Occupied
Palestinian Territory is not discriminatory and does not result in water shortages
disproportionately affecting the Palestinian population of the West Bank, and to take urgent
steps to facilitate the restoration of the water infrastructure of the West Bank, including in
the Jordan Valley, affected by the destruction of the wells of local civilians, roof water
tanks and other water and irrigation facilities under military and settler operation since
1967;
25. Deplores the illegal Israeli actions in occupied East Jerusalem, including
home demolitions, evictions of Palestinian residents, excavations in and around religious
and historic sites, and all other unilateral measures aimed at altering the character, status
and demographic composition of the city and of the territory as a whole;
26. Expresses grave concern at:
(a) The restrictions imposed by Israel that impede access of Christian and
Muslim worshippers to holy sites in the Occupied Palestinian Territory, including East
Jerusalem, and calls upon Israel to include guarantees for non-discrimination on grounds of
religion or belief as well as for the preservation and peaceful access to all religious sites;
(b) The increasing tensions in occupied East Jerusalem and the wider region,
including those stemming from attempts aimed at illegally changing the status quo of holy
sites;
27. Urges Member States to continue to provide emergency assistance to the
Palestinian people to alleviate the financial crisis and the dire socioeconomic and
humanitarian situation, particularly in the Gaza Strip;
28. Emphasizes the need to preserve and develop the Palestinian institutions and
infrastructure for the provision of vital public services to the Palestinian civilian population
and the promotion of human rights, including civil, political, economic, social and cultural
rights;
29. Deplores the persistent non-cooperation of Israel with special procedure
mandate holders and other United Nations mechanisms, and stresses the need for Israel to
abide by all relevant United Nations resolutions and to cooperate with the Human Rights
Council, all special procedures and the Office of the United Nations High Commissioner
for Human Rights;
30. Requests the Secretary-General to place the presence of the Office of the
High Commissioner in the Occupied Palestinian Territory on a firmer basis under the
regular budget, including by, inter alia, deploying the necessary personnel and expertise;
31. Also requests the Secretary-General to report on the implementation of the
present resolution to the Human Rights Council, with a particular focus on the recurrence
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and persistence of human rights violations and the underlying policies leading to such
patterns, including those involving forcible displacement, at its thirty-fourth session;
32. Decides to remain seized of the matter.
66th meeting
24 March 2015
[Adopted by a recorded vote of 42 to 0, with 5 abstentions. The voting was as follows:
In favour:
Albania, Algeria, Bangladesh, Belgium, Bolivia (Plurinational State of ),
Burundi, China, Congo, Côte d’Ivoire, Cuba, Ecuador, El Salvador, Ethiopia,
France, Georgia, Germany, India, Indonesia, Kenya, Kyrgyzstan, Latvia,
Maldives, Mexico, Mongolia, Morocco, Namibia, Netherlands, Nigeria,
Panama, Philippines, Portugal, Qatar, Republic of Korea, Russian Federation,
Saudi Arabia, Slovenia, South Africa, Switzerland, United Arab Emirates,
United Kingdom of Great Britain and Northern Ireland, Venezuela
(Bolivarian Republic of), Viet Nam
Abstaining:
Botswana, Ghana, Paraguay, the former Yugoslav Republic of Macedonia,
Togo]
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
Human Rights Council
Thirty-fourth session
27 February–24 March 2017
Agenda item 7
Resolution adopted by the Human Rights Council on 24 March 2017
34/30. Human rights situation in the Occupied Palestinian Territory,
including East Jerusalem
The Human Rights Council,
Recalling the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, the International Covenant on Economic, Social and Cultural
Rights, the Convention on the Rights of the Child and the Optional Protocol thereto on the
involvement of children in armed conflict, the Convention on the Elimination of All Forms
of Discrimination against Women, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and the International Convention on the
Elimination of All Forms of Racial Discrimination, and affirming that these human rights
instruments, among others, are applicable to and must be respected in the Occupied
Palestinian Territory, including East Jerusalem,
Recalling also relevant resolutions of the Human Rights Council,
Taking note of the recent reports of the Special Rapporteur on the situation of human
rights in the Palestinian territories occupied since 1967,1 and other relevant recent reports of
the Human Rights Council,
Deeply regretting the onset of the fiftieth year of the Israeli occupation, and
stressing the urgent need for efforts to reverse the negative trends on the ground and to
restore a political horizon for advancing and accelerating meaningful negotiations aimed at
the achievement of a peace agreement that will bring a complete end to the Israeli
occupation that began in 1967 and the resolution of all core final status issues, without
exception, leading to a peaceful, just, lasting and comprehensive solution of the question of
Palestine,
Noting the accession by Palestine to several human rights treaties and the core
humanitarian law conventions, and its accession on 2 January 2015 to the Rome Statute of
the International Criminal Court,
1 A/71/554 and A/HRC/34/70.
United Nations A/HRC/RES/34/30
General Assembly Distr.: General
11 April 2017
Original: English
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Deploring Israel’s recurrent practice of withholding Palestinian tax revenues,
Aware of the responsibility of the international community to promote human rights
and ensure respect for international law,
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of
Justice, and recalling also General Assembly resolutions ES-10/15 of 20 July 2004 and ES-
10/17 of 15 December 2006,
Noting in particular the Court’s reply, including that the construction of the wall
being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including
in and around East Jerusalem, and its associated regime are contrary to international law,
Reaffirming the principle of the inadmissibility of the acquisition of territory by
force, and deeply concerned at the fragmentation of the Occupied Palestinian Territory,
including East Jerusalem, through the construction of settlements, settler roads and the wall,
and other measures that are tantamount to de facto annexation of Palestinian land,
Emphasizing the applicability of the Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory,
including East Jerusalem, and reaffirming the obligation of the States parties to the Fourth
Geneva Convention under articles 146, 147 and 148 with regard to penal sanctions, grave
breaches and responsibilities of the High Contracting Parties,
Reaffirming that all States have the right and the duty to take actions in conformity
with international human rights law and international humanitarian law to counter deadly
acts of violence against their civilian population in order to protect the lives of their
citizens,
Stressing the need for full compliance with the Israeli-Palestinian agreements
reached within the context of the Middle East peace process, including the Sharm el-Sheikh
understandings, and the implementation of the Quartet road map to a permanent two-State
solution to the Israeli-Palestinian conflict,
Stressing also the importance of accountability in preventing future conflicts and
ensuring that there is no impunity for violations and abuses, thereby contributing to peace
efforts and avoiding the recurrence of violations of international law, including
international humanitarian law and international human rights law,
Expressing grave concern at the continuing systematic violation of the human rights
of the Palestinian people by Israel, the occupying Power, including that arising from the
excessive use of force and military operations causing death and injury to Palestinian
civilians, including children and women, and to non-violent, peaceful demonstrators and to
journalists, including through the use of live ammunition; the arbitrary detention of
Palestinians, some of whom have been detained for decades; the use of collective
punishment; the closure of areas; the confiscation of land; the establishment and expansion
of settlements; the construction of a wall in the Occupied Palestinian Territory in departure
from the Armistice Line of 1949; the forcible displacement of civilians, including of
Bedouin communities; the policies and practices that discriminate against and
disproportionately affect the Palestinian population in the Occupied Palestinian Territory,
including East Jerusalem; the discriminatory allocation of water resources between Israeli
settlers, who reside illegally in the Occupied Palestinian Territory, and the Palestinian
population of the said Territory; the violation of the basic right to adequate housing, which
is a component of the right to an adequate standard of living; the destruction of property
and infrastructure; and all other actions by it designed to change the legal status,
geographical nature and demographic composition of the Occupied Palestinian Territory,
including East Jerusalem,
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Gravely concerned by the ongoing demolition by Israel, the occupying Power, of
Palestinian homes and of structures provided as humanitarian aid, in particular in occupied
East Jerusalem, including when carried out as an act of collective punishment in violation
of international humanitarian law, the occurrence of which has escalated at unprecedented
rates, and by the revocation of residence permits and the eviction of Palestinian residents of
the City,
Deploring the conflict in and around the Gaza Strip in July and August 2014 and the
civilian casualties caused, including the killing and injury of thousands of Palestinian
civilians, including children, women and elderly persons, the widespread destruction of
thousands of homes and of civilian infrastructure, including schools, hospitals, water
sanitation and electricity networks, economic, industrial and agricultural properties, public
institutions, religious sites and United Nations schools and facilities, the internal
displacement of hundreds of thousands of civilians, and any violations of international law,
including humanitarian and human rights law, in this regard,
Gravely concerned in particular about the disastrous humanitarian situation and the
critical socioeconomic and security situations in the Gaza Strip, including that resulting
from the prolonged continuous closures and severe economic and movement restrictions
that in effect amount to a blockade, and from the continuing and vastly negative
repercussions of the military operations between December 2008 and January 2009, in
November 2012 and in July and August 2014, and about the firing of rockets into Israel,
Stressing that the situation in the Gaza Strip is unsustainable and that a durable
ceasefire agreement must lead to a fundamental improvement in the living conditions of the
Palestinian people in the Gaza Strip, including through the sustained and regular opening of
crossing points, and ensure the safety and well-being of civilians on both sides,
Affirming the need to support the Palestinian national consensus Government in its
assumption of full government responsibilities in both the West Bank and the Gaza Strip, in
all fields, and through its presence at Gaza crossing points,
Expressing deep concern at the short- and long-term detrimental impact of such
widespread destruction and the continued impediments to the reconstruction process on the
human rights situation and on the socioeconomic and humanitarian conditions of the
Palestinian civilian population, and calling upon the international community to step up its
efforts in order to provide the Gaza Strip with the assistance that it requires,
Stressing the need to end immediately the closure of the Gaza Strip and for the full
implementation of the Agreement on Movement and Access and the Agreed Principles for
the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement of
the Palestinian civilian population within and into and out of the Gaza Strip, while taking
into account Israeli concerns,
Stressing also the need for all parties, in conformity with the relevant provisions of
international humanitarian law, to cooperate fully with the United Nations and other
humanitarian agencies and organizations and to ensure the safe and unhindered access of
humanitarian personnel, and the delivery of supplies and equipment, in order to allow such
personnel to perform efficiently their task of assisting affected civilian populations,
including refugees and internally displaced persons,
Expressing deep concern at the Israeli policy of closures and the imposition of
severe restrictions and checkpoints, several of which have been transformed into structures
akin to permanent border crossings, other physical obstacles and a permit regime, which are
applied in a discriminatory manner affecting the Palestinian population only and all of
which obstruct the freedom of movement of persons and goods, including medical and
humanitarian goods, throughout the Occupied Palestinian Territory, including East
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4
Jerusalem, and impair the Territory’s contiguity, consequently violating the human rights of
the Palestinian people and negatively affecting their socioeconomic and humanitarian
situation, which remains dire in the Gaza Strip, and the efforts aimed at rehabilitating and
developing the Palestinian economy,
Convinced that the Israeli occupation has gravely impeded the efforts to achieve
sustainable development and a sound economic environment in the Occupied Palestinian
Territory, including East Jerusalem, and expressing grave concern at the consequent
deterioration of economic and living conditions,
Deploring all policies and practices whereby Israeli settlers, who reside illegally in
the Occupied Palestinian Territory, including East Jerusalem, are accorded preferential
treatment over the Palestinian population in terms of access to roads, infrastructure, land,
property, housing, natural resources and judicial mechanisms, resulting in widespread
human rights violations of Palestinians,
Emphasizing that the destruction of property and the forced displacement of
Palestinian communities in the Occupied Palestinian Territory, including East Jerusalem,
constitute, in all but the most limited cases as specified under international law, violations
of the prohibitions on the destruction of property and on forcible transfers, respectively,
under articles 53 and 49 of the Fourth Geneva Convention,
Deeply concerned at reports of the hampering and destruction of humanitarian
assistance by Israel, contributing to a coercive environment that can lead to the forcible
transfer of Palestinian civilians in the Occupied Palestinian Territory,
Expressing deep concern that thousands of Palestinians, including many children
and women and elected members of the Palestinian Legislative Council, continue to be
detained and held in Israeli prisons or detention centres under harsh conditions, including
unhygienic conditions, solitary confinement, lack of proper medical care, denial of family
visits and denial of due process, that impair their well-being, and expressing deep concern
also at the ill-treatment and harassment of any Palestinian prisoner and all reports of torture,
Expressing deep concern also at the recent hunger strikes by numerous Palestinian
prisoners in protest at the harsh conditions of their imprisonment and detention by the
occupying Power, while taking note of the agreement reached in May 2012 on conditions of
detention in Israeli prisons and calling for its full and immediate implementation,
Recalling the United Nations Standard Minimum Rules for the Treatment of
Prisoners (the Nelson Mandela Rules) and the United Nations Rules for the Treatment of
Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules),
and calling for respect for those rules,
Recalling also the prohibition under international humanitarian law of the
deportation of civilians from occupied territories,
Deploring the practice of withholding the bodies of those killed, and calling for the
release of the bodies that have not yet been returned to their relatives, in accordance with
international humanitarian law and human rights law,
Expressing concern at the possible consequences of the enactment by Israel, the
occupying Power, of military orders regarding the detention, imprisonment and deportation
of Palestinian civilians from the Occupied Palestinian Territory, including East Jerusalem,
and recalling in this regard the prohibition under international humanitarian law of the
deportation of civilians from occupied territories,
Stressing the need for the protection of human rights defenders engaged in the
promotion of human rights issues in the Occupied Palestinian Territory, including East
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Jerusalem, to allow them to carry out their work freely and without fear of attacks,
harassment, arbitrary detention or criminal prosecution,
Convinced of the need for an international presence to monitor the situation, to
contribute to ending the violence and protecting the Palestinian civilian population and to
help the parties to implement the agreements reached, and in this regard recalling the
positive contribution of the Temporary International Presence in Hebron,
Recognizing the continued efforts and tangible progress made in the Palestinian
security sector, noting the continued cooperation that benefits both Palestinians and Israelis,
in particular by promoting security and building confidence, and expressing the hope that
such progress will be extended to all major population centres,
Emphasizing the right of all people in the region to the enjoyment of human rights as
enshrined in the international human rights covenants,
1. Stresses the need for Israel, the occupying Power, to withdraw from the
Palestinian territory occupied since 1967, including East Jerusalem, so as to enable the
Palestinian people to exercise its universally recognized right to self-determination;
2. Reiterates that all measures and actions taken by Israel, the occupying Power,
in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant
provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time
of War, of 12 August 1949, and contrary to the relevant resolutions of the Security Council
are illegal and have no validity;
3. Demands that Israel, the occupying Power, comply fully with the provisions
of the Fourth Geneva Convention of 1949 and cease immediately all measures and actions
taken in violation and in breach of the Convention;
4. Calls for urgent measures to ensure the safety and protection of the
Palestinian civilian population in the Occupied Palestinian Territory, including East
Jerusalem, in accordance with the relevant provisions of international humanitarian law and
as called for by the Security Council in its resolution 904 (1994) of 18 March 1994;
5. Demands that Israel, the occupying Power, cease all practices and actions that
violate the human rights of the Palestinian people, and that it fully respect human rights law
and comply with its legal obligations in this regard, including in accordance with relevant
United Nations resolutions;
6. Reiterates the need for respect for the territorial unity, contiguity and
integrity of all of the Occupied Palestinian Territory and for guarantees of the freedom of
movement of persons and goods within the Palestinian territory, including movement into
and from East Jerusalem, into and from the Gaza Strip, between the West Bank and the
Gaza Strip, and to and from the outside world;
7. Also reiterates the responsibility of Israel, the occupying Power, to respect
the right to health of all persons within the Occupied Palestinian Territory and to facilitate
the immediate, sustained and unfettered passage of humanitarian relief, including the access
of medical personnel, their equipment, transport and supplies to all areas under occupation,
including the Gaza Strip, and stresses the need for the unhindered passage of ambulances at
checkpoints, especially in times of conflict;
8. Demands that Israel, the occupying Power, cease immediately its imposition
of prolonged closures and economic and movement restrictions, including those amounting
to a blockade on the Gaza Strip, which severely restricts the freedom of movement of
Palestinians within, into and out of Gaza and their access to basic utilities, housing,
education, work, health and an adequate standard of living via various measures, including
import and export restrictions, that have a direct impact on livelihoods, economic
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sustainability and development throughout Gaza, aggravating the state of de-development
in Gaza, and in this regard calls upon Israel to implement fully the Agreement on
Movement and Access and the Agreed Principles for the Rafah Crossing, in order to allow
for the sustained and regular movement of persons and goods and for the acceleration of
long overdue reconstruction in the Gaza Strip;
9. Expresses grave concern at the confiscation and damage by Israel of fishing
nets in the Gaza Strip for which there is no discernible security justification;
10. Condemns all acts of violence, including all acts of terror, provocation,
incitement and destruction, especially the excessive use of force by the Israeli occupying
forces against Palestinian civilians, particularly in the Gaza Strip, where bombardment of
populated areas has caused extensive loss of life and a vast number of injuries, including
among thousands of children and women, massive damage and destruction to homes,
economic, industrial and agricultural properties, vital infrastructure, including water,
sanitation and electricity networks, religious sites and public institutions, including
hospitals and schools, and United Nations facilities, and agricultural lands, and large-scale
internal displacement of civilians, and the excessive use of force by the Israeli occupying
forces against Palestinian civilians in the context of peaceful protests in the West Bank;
11. Also condemns the firing of rockets against Israeli civilian areas resulting in
loss of life and injury;
12. Calls upon Israel to cease all violations of the right to education of
Palestinians, including those stemming from restrictions on movement and incidents of
harassment and attacks on school children and educational facilities by Israeli settlers and
as a result of Israeli military action;
13. Also calls upon Israel to end all harassment, threats, intimidation and
reprisals against human rights defenders and civil society actors who peacefully advocate
for the rights of Palestinians in the Occupied Palestinian Territory, including by cooperating
with United Nations human rights bodies, and underscores the need to investigate all such
acts, to ensure accountability and effective remedies, and to take steps to prevent any
further such threats, attacks, reprisals or acts of intimidation;
14. Expresses deep concern at the conditions of the Palestinian prisoners and
detainees, including minors, in Israeli jails and detention centres, demands that Israel, the
occupying Power, fully respect and abide by its international law obligations towards all
Palestinian prisoners and detainees in its custody, and also expresses its concern at the
continued extensive use of administrative detention, calls for the full implementation of the
agreement reached in May 2012 for a prompt and independent investigation into all cases
of death custody, and also calls upon Israel to release immediately all Palestinian prisoners,
including Palestinian legislators, detained in violation of international law;
15. Calls for urgent attention to the plight and the rights, in accordance with
international law, of Palestinian prisoners and detainees in Israeli jails, including those on
hunger strikes, and calls for respect for the United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules) and the United Nations Rules for the
Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the
Bangkok Rules);
16. Calls upon Israel to explicitly prohibit torture, including psychological
torture and other cruel, inhuman or degrading treatment or punishment;
17. Demands that Israel cease its policy of transferring prisoners from the
Occupied Palestinian Territory into the territory of Israel, and respect fully its obligations
under article 76 of the Fourth Geneva Convention;
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18. Urges Israel to ensure that any arrest, detention and/or trial of Palestinian
children is in line with the Convention on the Rights of the Child, including by refraining
from holding criminal proceedings against them in military courts that, by definition, fall
short of providing the necessary guarantees to ensure respect for their rights and that
infringe upon their right to non-discrimination;
19. Deplores the resumption by Israel of the policy of punitive home demolitions
and the ongoing policy of revoking the residency permits of Palestinians living in East
Jerusalem through various discriminatory laws, and the demolition of residential structures
and the forced eviction of Palestinian families, in violation of their basic right to adequate
housing and in violation of international humanitarian law;
20. Expresses concern at the Citizenship and Entry into Israel Law adopted by
the Knesset, which suspends the possibility, with certain rare exceptions, of family
reunification between Israeli citizens and persons residing in the Occupied Palestinian
Territory, including East Jerusalem, thus adversely affecting the lives of many families;
21. Demands that Israel, the occupying Power, cease all of its settlement
activities, the construction of the wall and any other measures aimed at altering the
character, status and demographic composition of the Occupied Palestinian Territory,
including in and around East Jerusalem, all of which have, inter alia, a grave and
detrimental impact on the human rights of the Palestinian people and the prospects for a
peaceful settlement;
22. Also demands that Israel, the occupying Power, comply with its legal
obligations under international law, as mentioned in the advisory opinion rendered on 9
July 2004 by the International Court of Justice and as demanded by the General Assembly
in its resolutions ES-10/15 of 20 July 2004 and ES-10/13 of 21 October 2003, and that it
immediately cease the construction of the wall in the Occupied Palestinian Territory,
including in and around East Jerusalem, dismantle forthwith the structure situated therein,
repeal or render ineffective all legislative and regulatory acts relating thereto, and make
reparation for all damage caused by the construction of the wall, which has had a grave
impact on the human rights and the socioeconomic living conditions of the Palestinian
people;
23. Calls upon Israel to immediately cease any demolitions or plans for
demolitions that would result in the forcible transfer or forced eviction of Palestinians,
particularly in the vulnerable areas of the Jordan Valley, the periphery of Jerusalem and the
South Hebron Hills, to facilitate the return of those Palestinian communities already
subjected to forcible transfer or eviction to their original dwellings and to ensure adequate
housing and legal security of tenure;
24. Urges Israel to ensure that water resource allocation in the Occupied
Palestinian Territory is not discriminatory and does not result in water shortages
disproportionately affecting the Palestinian population of the West Bank, and to take urgent
steps to facilitate the restoration of the water infrastructure of the West Bank, including in
the Jordan Valley, affected by the destruction of the wells of local civilians, roof water
tanks and other water and irrigation facilities under military and settler operation since
1967;
25. Deplores the illegal Israeli actions in occupied East Jerusalem, including
home demolitions, evictions of Palestinian residents, excavations in and around religious
and historic sites, and all other unilateral measures aimed at altering the character, status
and demographic composition of the city and of the territory as a whole;
26. Expresses grave concern at:
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(a) The restrictions imposed by Israel that impede access of Christian and
Muslim worshippers to holy sites in the Occupied Palestinian Territory, including East
Jerusalem, and calls upon Israel to include guarantees for non-discrimination on grounds of
religion or belief as well as for the preservation and peaceful access to all religious sites;
(b) The increasing tensions in occupied East Jerusalem and the wider region,
including those stemming from attempts aimed at illegally changing the status quo of holy
sites;
27. Urges Member States to continue to provide emergency assistance to the
Palestinian people to alleviate the financial crisis and the dire socioeconomic and
humanitarian situation, particularly in the Gaza Strip;
28. Emphasizes the need to preserve and develop the Palestinian institutions and
infrastructure for the provision of vital public services to the Palestinian civilian population
and the promotion of human rights, including civil, political, economic, social and cultural
rights;
29. Urges all States and the specialized agencies and organizations of the United
Nations system to continue to support and assist the Palestinian people in the early
realization of their inalienable human rights, including their right to self-determination, as a
matter of urgency, in the light of the onset of the fiftieth year of the Israeli occupation and
the continued denial and violation of the human rights of the Palestinian people;
30. Deplores the persistent non-cooperation of Israel with special procedure
mandate holders and other United Nations mechanisms, and stresses the need for Israel to
abide by all relevant United Nations resolutions and to cooperate with the Human Rights
Council, all special procedures and the Office of the United Nations High Commissioner
for Human Rights;
31. Requests the High Commissioner to report on the implementation of the
present resolution to the Human Rights Council, with a particular focus on the factors
perpetuating the arbitrary detention of Palestinian prisoners and detainees in Israeli jails in
consultation with the Working Group on Arbitrary Detention, at its thirty-seventh session;
32. Decides to remain seized of the matter.
58th meeting
24 March 2017
[Adopted by a recorded vote of 41 to 2, with 4 abstentions. The voting was as follows:
In favour:
Albania, Bangladesh, Belgium, Bolivia (Plurinational State of), Botswana,
Brazil, Burundi, China, Côte d’Ivoire, Croatia, Cuba, Ecuador, Egypt, El
Salvador, Ethiopia, Georgia, Germany, Ghana, Hungary, India, Indonesia,
Iraq, Japan, Kenya, Kyrgyzstan, Latvia, Mongolia, Netherlands, Nigeria,
Philippines, Portugal, Qatar, Republic of Korea, Saudi Arabia, Slovenia,
South Africa, Switzerland, Tunisia, United Arab Emirates, United Kingdom
of Great Britain and Northern Ireland, Venezuela (Bolivarian Republic of)
Against:
Togo, United States of America
Abstaining:
Congo, Panama, Paraguay, Rwanda]
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
Human Rights Council
Thirty-seventh session
26 February–23 March 2018
Agenda item 7
Resolution adopted by the Human Rights Council
on 23 March 2018
37/35. Human rights situation in the Occupied Palestinian Territory, including
East Jerusalem
The Human Rights Council,
Recalling the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, the International Covenant on Economic, Social and Cultural
Rights, the Convention on the Rights of the Child and the Optional Protocol thereto on the
involvement of children in armed conflict, the Convention on the Elimination of All Forms
of Discrimination against Women, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and the International Convention on the
Elimination of All Forms of Racial Discrimination, and affirming that these human rights
instruments, among others, are applicable to and must be respected in the Occupied
Palestinian Territory, including East Jerusalem,
Recalling also relevant resolutions of the Human Rights Council,
Taking note of the recent reports of the Special Rapporteur on the situation of human
rights in the Palestinian territories occupied since 1967,1 and other relevant recent reports of
the Human Rights Council,
Stressing the urgent need for efforts to reverse the negative trends on the ground and
to restore a political horizon for advancing and accelerating meaningful negotiations aimed
at the achievement of a peace agreement that will bring a complete end to the Israeli
occupation that began in 1967 and the resolution of all core final status issues, without
exception, leading to a peaceful, just, lasting and comprehensive solution of the question of
Palestine,
Noting the accession by the State of Palestine to several human rights treaties and
the core humanitarian law conventions, and its accession on 2 January 2015 to the Rome
Statute of the International Criminal Court,
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of
Justice, and recalling also General Assembly resolutions ES-10/15 of 20 July 2004 and ES-
10/17 of 15 December 2006,
1 A/72/556 and A/HRC/37/75.
United Nations A/HRC/RES/37/35
General Assembly Distr.: General
13 April 2018
Original: English
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Noting in particular the Court’s reply, including that the construction of the wall
being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including
in and around East Jerusalem, and its associated regime are contrary to international law,
Reaffirming the principle of the inadmissibility of the acquisition of territory by
force, and deeply concerned at the fragmentation of the Occupied Palestinian Territory,
including East Jerusalem, through the construction of settlements, settler roads, the wall and
other measures that are tantamount to de facto annexation of Palestinian land,
Emphasizing the applicability of the Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory,
including East Jerusalem, and reaffirming the obligation of the States parties to the Fourth
Geneva Convention under articles 146, 147 and 148 with regard to penal sanctions, grave
breaches and responsibilities of the High Contracting Parties and to ensure respect for
international humanitarian law,
Stressing the importance of accountability in preventing future conflicts and
ensuring that there is no impunity for violations and abuses, thereby contributing to peace
efforts and avoiding the recurrence of violations of international law, including
international humanitarian law and international human rights law,
Expressing grave concern at the continuing violation of international humanitarian
law and the systematic violation of the human rights of the Palestinian people by Israel, the
occupying Power, including that arising from the excessive use of force and military
operations causing death and injury to Palestinian civilians, including children and women,
and to non-violent, peaceful demonstrators and to journalists, including through the use of
live ammunition; the arbitrary detention of Palestinians, some of whom have been detained
for decades; the use of collective punishment; the closure of areas; the confiscation of land;
the establishment and expansion of settlements; the construction of a wall in the Occupied
Palestinian Territory in departure from the Armistice Line of 1949; the forcible
displacement of civilians, including of Bedouin communities; the policies and practices that
discriminate against and disproportionately affect the Palestinian population in the
Occupied Palestinian Territory, including East Jerusalem; the discriminatory allocation of
water resources between Israeli settlers, who reside illegally in the Occupied Palestinian
Territory, and the Palestinian population of the said Territory; the violation of the basic
right to adequate housing, which is a component of the right to an adequate standard of
living; the revocation of residency permits from Palestinians of East Jerusalem and their
eviction from their city; the destruction of property and infrastructure, inter alia, homes of
Palestinians; the hampering of humanitarian assistance and the destruction of, inter alia,
structures provided as humanitarian aid, contributing to a coercive environment that leads
to the forcible transfer of Palestinian civilians in the Occupied Palestinian Territory,
including when carried out as an act of collective punishment in violation of international
humanitarian law; incidents of harassment of and attacks on school children and attacks on
educational facilities by Israeli settlers and as a result of Israeli military action; and all other
actions designed to change the legal status, geographical nature and demographic
composition of the Occupied Palestinian Territory, including East Jerusalem,
Deploring all conflicts in and around the Gaza Strip and the civilian casualties
caused, including the killing and injury of thousands of Palestinian civilians, including
children, women and elderly persons, the widespread destruction of thousands of homes
and of civilian infrastructure, including schools, hospitals, water sanitation and electricity
networks, economic, industrial and agricultural properties, public institutions, religious sites
and United Nations schools and facilities, the internal displacement of hundreds of
thousands of civilians, and all violations of international law, including humanitarian and
human rights law, in this regard,
Gravely concerned in particular about the disastrous humanitarian situation and the
critical socioeconomic and security situations in the Gaza Strip, including that resulting
from the prolonged continuous closures and severe economic and movement restrictions
that in effect amount to a blockade, and from the continuing and vastly negative
repercussions of previous Israeli military operations, and about the firing of rockets into
Israel,
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Expressing deep concern at the detrimental impact of continued impediments to the
reconstruction process on the human rights situation and on the socioeconomic and
humanitarian conditions of the Palestinian civilian population, and calling upon the
international community to step up its efforts to provide the Gaza Strip with the assistance
that it requires,
Stressing the need for all parties, in conformity with the relevant provisions of
international humanitarian law, to cooperate fully with the United Nations and other
humanitarian agencies and organizations and to ensure the safe and unhindered access of
humanitarian personnel, and the delivery of supplies and equipment, in order to allow such
personnel to perform efficiently their task of assisting affected civilian populations,
including refugees and internally displaced persons,
Stressing the need also to end immediately the closure of the Gaza Strip and for the
full implementation of the Agreement on Movement and Access and the Agreed Principles
for the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement
of the Palestinian civilian population within and into and out of the Gaza Strip, while taking
into account Israeli concerns,
Expressing deep concern at the Israeli policy of closures and the imposition of
severe restrictions and checkpoints, several of which have been transformed into structures
akin to permanent border crossings, other physical obstacles and a permit regime, which are
applied in a discriminatory manner affecting the Palestinian population only and all of
which obstruct the freedom of movement of persons and goods, including medical and
humanitarian goods, throughout the Occupied Palestinian Territory, including East
Jerusalem, and impair the Territory’s contiguity, violating the human rights of the
Palestinian people,
Convinced that the Israeli occupation has gravely impeded the efforts made to
achieve sustainable development and a sound economic environment in the Occupied
Palestinian Territory, including East Jerusalem, and expressing grave concern at the
consequent deterioration of economic and living conditions,
Deploring all policies and practices whereby Israeli settlers, who reside illegally in
the Occupied Palestinian Territory, including East Jerusalem, are accorded preferential
treatment over the Palestinian population in terms of access to roads, infrastructure, land,
property, housing, natural resources and judicial mechanisms, resulting in widespread
human rights violations of Palestinians,
Expressing deep concern that thousands of Palestinians, including many children
and women and elected members of the Palestinian Legislative Council, continue to be
detained and held in Israeli prisons or detention centres under harsh conditions, including
unhygienic conditions, solitary confinement, lack of proper medical care, denial of family
visits and denial of due process, that impair their well-being, and expressing deep concern
also at the ill-treatment and harassment of Palestinian prisoners and all reports of torture,
Recalling the United Nations Standard Minimum Rules for the Treatment of
Prisoners (the Nelson Mandela Rules) and the United Nations Rules for the Treatment of
Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules),
and calling for respect for those rules,
Recalling also the prohibition under international humanitarian law of the
deportation of civilians from occupied territories,
Deploring the practice of withholding the bodies of those killed, and calling for the
release of the bodies that have not yet been returned to their relatives, in accordance with
international humanitarian law and human rights law,
Stressing the need for the protection of human rights defenders engaged in the
promotion of human rights issues in the Occupied Palestinian Territory, including East
Jerusalem, to allow them to carry out their work freely and without fear of attack,
harassment, arbitrary detention or criminal prosecution,
Convinced of the need for an international presence to monitor the situation, to
contribute to ending the violence and protecting the Palestinian civilian population and to
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help the parties to implement the agreements reached, and in this regard recalling the
positive contribution of the Temporary International Presence in Hebron,
Emphasizing the right of all people in the region to the enjoyment of human rights as
enshrined in the international human rights covenants,
1. Stresses the need for Israel, the occupying Power, to withdraw from the
Palestinian territory occupied since 1967, including East Jerusalem, so as to enable the
Palestinian people to exercise its universally recognized right to self-determination;
2. Reiterates that all measures and actions taken by Israel, the occupying Power,
in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant
provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time
of War, of 12 August 1949, and contrary to the relevant resolutions of the Security Council
are illegal and have no validity;
3. Demands that Israel, the occupying Power, comply fully with the provisions
of the Fourth Geneva Convention of 1949 and cease immediately all measures and actions
taken in violation and in breach of the Convention;
4. Also demands that Israel, the occupying Power, cease all practices and
actions that violate the human rights of the Palestinian people, and that it fully respect
human rights law and comply with its legal obligations in this regard, including in
accordance with relevant United Nations resolutions;
5. Calls for urgent measures to ensure the safety and protection of the
Palestinian civilian population in the Occupied Palestinian Territory, including East
Jerusalem, in accordance with the relevant provisions of international humanitarian law and
as called for by the Security Council in its resolution 904 (1994) of 18 March 1994;
6. Deplores the persistent non-cooperation of Israel with special procedure
mandate holders and other United Nations mechanisms, and calls for full cooperation by
Israel with the Human Rights Council and all its special procedures, relevant mechanisms
and inquiries, and with the Office of the United Nations High Commissioner for Human
Rights;
7. Demands that Israel, the occupying Power, cease all of its settlement
activities, the construction of the wall and any other measures aimed at altering the
character, status and demographic composition of the Occupied Palestinian Territory,
including in and around East Jerusalem, all of which have, inter alia, a grave and
detrimental impact on the human rights of the Palestinian people and the prospects for a
peaceful settlement;
8. Also demands that Israel, the occupying Power, comply with its legal
obligations under international law, as mentioned in the advisory opinion rendered on 9
July 2004 by the International Court of Justice and as demanded by the General Assembly
in its resolutions ES-10/15 of 20 July 2004 and ES-10/13 of 21 October 2003, and that it
immediately cease the construction of the wall in the Occupied Palestinian Territory,
including in and around East Jerusalem, dismantle forthwith the structure situated therein,
repeal or render ineffective all legislative and regulatory acts relating thereto, and make
reparation for all damage caused by the construction of the wall, which has had a grave
impact on the human rights and the socioeconomic living conditions of the Palestinian
people;
9. Calls upon Israel to immediately cease any demolitions or plans for
demolitions that would result in the forcible transfer or forced eviction of Palestinians,
particularly in the vulnerable areas of the Jordan Valley, the periphery of Jerusalem and the
South Hebron Hills, to facilitate the return of those Palestinian communities already
subjected to forcible transfer or eviction to their original dwellings and to ensure adequate
housing and legal security of tenure;
10. Deplores the illegal Israeli actions in occupied East Jerusalem, including the
construction of settlements in various areas; the demolition of residential structures, the
forced eviction of Palestinian inhabitants and the application of the policy of punitive home
demolitions, in violation of their basic right to adequate housing and in violation of
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international humanitarian law; the ongoing policy of revoking the residency permits of
Palestinians living in East Jerusalem through various discriminatory laws; excavations in
and around religious and historic sites; and all other unilateral measures aimed at altering
the character, status and demographic composition of the city and of the territory as a
whole, including those stemming from attempts aimed at illegally changing the status quo
of holy sites;
11. Expresses grave concern at the restrictions imposed by Israel that impede the
access of Christian and Muslim worshippers to holy sites in the Occupied Palestinian
Territory, including East Jerusalem, and calls upon Israel to include guarantees for nondiscrimination
on grounds of religion or belief as well as for the preservation and peaceful
access to all religious sites;
12. Urges Israel to ensure that water resource allocation in the Occupied
Palestinian Territory is not discriminatory and does not result in water shortages
disproportionately affecting the Palestinian population of the West Bank, and to take urgent
steps to facilitate the restoration of the water infrastructure of the West Bank, including in
the Jordan Valley, affected by the destruction of the wells of local civilians, roof water
tanks and other water and irrigation facilities under military and settler operation since
1967;
13. Expresses concern at the Citizenship and Entry into Israel Law adopted by
the Knesset, which suspends the possibility, with certain rare exceptions, of family
reunification between Israeli citizens and persons residing in the Occupied Palestinian
Territory, including East Jerusalem, thus adversely affecting the lives of many families;
14. Reiterates the need for respect for the territorial unity, contiguity and
integrity of all of the Occupied Palestinian Territory and for guarantees of the freedom of
movement of persons and goods within the Palestinian territory, including movement into
and from East Jerusalem, into and from the Gaza Strip, between the West Bank and the
Gaza Strip, and to and from the outside world;
15. Demands that Israel, the occupying Power, cease immediately its imposition
of prolonged closures and economic and movement restrictions, including those amounting
to a blockade on the Gaza Strip, which severely restricts the freedom of movement of
Palestinians within, into and out of Gaza and their access to basic utilities, housing,
education, work, health and an adequate standard of living via various measures, including
import and export restrictions, that have a direct impact on livelihoods, economic
sustainability and development throughout Gaza, aggravating the state of de-development
in Gaza, and in this regard calls upon Israel to implement fully the Agreement on
Movement and Access and the Agreed Principles for the Rafah Crossing in order to allow
for the sustained and regular movement of persons and goods and for the acceleration of
long overdue reconstruction in the Gaza Strip;
16. Condemns all acts of violence, including all acts of terror, provocation,
incitement and destruction, especially the excessive use of force by the Israeli occupying
forces against Palestinian civilians, particularly in the Gaza Strip, where the bombardment
of populated areas has caused extensive loss of life and a vast number of injuries, including
among thousands of children and women, massive damage and destruction to homes,
economic, industrial and agricultural properties, vital infrastructure, including water,
sanitation and electricity networks, religious sites and public institutions, including
hospitals and schools, United Nations facilities, and agricultural lands, the large-scale
internal displacement of civilians, and the excessive use of force by the Israeli occupying
forces against Palestinian civilians in the context of peaceful protests in the West Bank;
17. Also condemns the firing of rockets against Israeli civilian areas resulting in
loss of life and injury;
18. Reiterates the responsibility of Israel, the occupying Power, to respect the
right to health of all persons within the Occupied Palestinian Territory and to facilitate the
immediate, sustained and unfettered passage of humanitarian relief, including the access of
medical personnel, their equipment, transport and supplies to all areas under occupation,
including the Gaza Strip, and the granting of exit permits for patients in need of medical
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treatment outside the Gaza Strip, and stresses the need for the unhindered passage of
ambulances at checkpoints, especially in times of conflict;
19. Urges Member States to continue to provide emergency assistance to the
Palestinian people to alleviate the financial crisis and the dire socioeconomic and
humanitarian situation, particularly in the Gaza Strip;
20. Calls upon Israel to end all harassment, threats, intimidation and reprisals
against human rights defenders and civil society actors who peacefully advocate for the
rights of Palestinians in the Occupied Palestinian Territory, including by cooperating with
United Nations human rights bodies, and underscores the need to investigate all such acts,
ensure accountability and effective remedies, and to take steps to prevent any further such
threats, attacks, reprisals or acts of intimidation;
21. Expresses deep concern at the conditions of the Palestinian prisoners and
detainees, including minors, in Israeli jails and detention centres, calls upon Israel to
explicitly prohibit torture, including psychological torture and other cruel, inhuman or
degrading treatment or punishment, demands that Israel, the occupying Power, fully respect
and abide by its international law obligations towards all Palestinian prisoners and
detainees in its custody, expresses its concern at the continued extensive use of
administrative detention, calls for the full implementation of the agreement reached in May
2012 for a prompt and independent investigation into all cases of death in custody, and calls
upon Israel to immediately release all Palestinian prisoners, including Palestinian
legislators, detained in violation of international law;
22. Calls for urgent attention to be paid to the plight and the rights, in accordance
with international law, of Palestinian prisoners and detainees in Israeli jails, and also calls
for respect for the United Nations Standard Minimum Rules for the Treatment of Prisoners
(the Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women
Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules);
23. Demands that Israel cease its policy of transferring prisoners from the
Occupied Palestinian Territory into the territory of Israel, and respect fully its obligations
under article 76 of the Fourth Geneva Convention;
24. Urges Israel to ensure that any arrest, detention and/or trial of Palestinian
children is in line with the Convention on the Rights of the Child, including by refraining
from holding criminal proceedings against them in military courts that, by definition, fall
short of providing the necessary guarantees to ensure respect for their rights and that
infringe upon their right to non-discrimination;
25. Emphasizes the need to preserve and develop Palestinian institutions and
infrastructure for the provision of vital public services to the Palestinian civilian population
and the promotion of human rights, including civil, political, economic, social and cultural
rights;
26. Urges all States and the specialized agencies and organizations of the United
Nations system to continue to support and assist the Palestinian people in the early
realization of their inalienable human rights, including their right to self-determination, as a
matter of urgency, in the light of the onset of the fiftieth year of the Israeli occupation and
the continued denial and violation of the human rights of the Palestinian people;
27. Decides to remain seized of the matter.
56th meeting
23 March 2018
[Adopted by a recorded vote of 41 to 3, with 2 abstentions. The voting was as follows:
In favour:
Afghanistan, Angola, Belgium, Brazil, Burundi, Chile, China, Côte d’Ivoire,
Croatia, Cuba, Ecuador, Egypt, Ethiopia, Georgia, Germany, Hungary, Iraq,
Japan, Kenya, Kyrgyzstan, Mexico, Nepal, Nigeria, Pakistan, Panama, Peru,
Philippines, Qatar, Republic of Korea, Saudi Arabia, Senegal, Slovakia,
Slovenia, South Africa, Spain, Switzerland, Tunisia, Ukraine, United Arab
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Emirates, United Kingdom of Great Britain and Northern Ireland, Venezuela
(Bolivarian Republic of)
Against:
Australia, Togo, United States of America
Abstaining:
Democratic Republic of the Congo, Rwanda]
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
Human Rights Council
Fortieth session
25 February–22 March 2019
Agenda item 7
Resolution adopted by the Human Rights Council
on 22 March 2019
40/23. Human rights situation in the Occupied Palestinian Territory, including
East Jerusalem
The Human Rights Council,
Recalling the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, the International Covenant on Economic, Social and Cultural
Rights, the Convention on the Rights of the Child and the Optional Protocol thereto on the
involvement of children in armed conflict, the Convention on the Elimination of All Forms
of Discrimination against Women, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and the International Convention on the
Elimination of All Forms of Racial Discrimination, and affirming that these human rights
instruments, among others, are applicable to and must be respected in the Occupied
Palestinian Territory, including East Jerusalem,
Recalling also relevant resolutions of the Human Rights Council,
Taking note of the recent reports of the Special Rapporteur on the situation of human
rights in the Palestinian territories occupied since 1967,1 and other relevant recent reports of
the Human Rights Council,
Stressing the urgent need for efforts to reverse the negative trends on the ground and
to restore a political horizon for advancing and accelerating meaningful negotiations aimed
at the achievement of a peace agreement that will bring a complete end to the Israeli
occupation that began in 1967 and the resolution of all core final status issues, without
exception, leading to a peaceful, just, lasting and comprehensive solution of the question of
Palestine,
Noting the accession by the State of Palestine to several human rights treaties and
the core humanitarian law conventions, and its accession on 2 January 2015 to the Rome
Statute of the International Criminal Court,
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of
Justice, and recalling also General Assembly resolutions ES-10/15 of 20 July 2004 and ES-
10/17 of 15 December 2006,
1 A/73/447 and A/HRC/40/73.
United Nations A/HRC/RES/40/23
General Assembly Distr.: General
16 April 2019
Original: English
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Noting in particular the Court’s reply, including that the construction of the wall
being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including
in and around East Jerusalem, and its associated regime are contrary to international law,
Reaffirming the principle of the inadmissibility of the acquisition of territory by
force, and deeply concerned at the fragmentation of the Occupied Palestinian Territory,
including East Jerusalem, through the construction of settlements, settler roads, the wall and
other measures that are tantamount to de facto annexation of Palestinian land,
Emphasizing the applicability of the Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory,
including East Jerusalem, and reaffirming the obligation of the States parties to the Fourth
Geneva Convention under articles 146, 147 and 148 with regard to penal sanctions, grave
breaches and responsibilities of the High Contracting Parties and to ensure respect for
international humanitarian law,
Stressing the importance of accountability in preventing future conflicts and
ensuring that there is no impunity for violations and abuses, thereby contributing to peace
efforts and avoiding the recurrence of violations of international law, including
international humanitarian law and international human rights law,
Expressing grave concern at the continuing violations of international humanitarian
law and the systematic violation of the human rights of the Palestinian people by Israel, the
occupying Power, including that arising from the excessive use of force and military
operations causing death and injury to Palestinian civilians, including children and women,
and to non-violent, peaceful demonstrators and to journalists, including through the use of
live ammunition; the arbitrary detention of Palestinians, some of whom have been detained
for decades; the use of collective punishment; the closure of areas; the confiscation of land;
the establishment and expansion of settlements; the construction of a wall in the Occupied
Palestinian Territory in departure from the Armistice Line of 1949; the forcible
displacement of civilians, including of Bedouin communities; the policies and practices that
discriminate against and disproportionately affect the Palestinian population in the
Occupied Palestinian Territory, including East Jerusalem; the discriminatory allocation of
water resources between Israeli settlers, who reside illegally in the Occupied Palestinian
Territory, and the Palestinian population of the said Territory; the violation of the basic
right to adequate housing, which is a component of the right to an adequate standard of
living; the revocation of residency permits from Palestinians of East Jerusalem and their
eviction from their city; the destruction of property and infrastructure, inter alia, homes of
Palestinians; the hampering of humanitarian assistance and the destruction of, inter alia,
structures provided as humanitarian aid, contributing to a coercive environment that leads
to the forcible transfer of Palestinian civilians in the Occupied Palestinian Territory,
including when carried out as an act of collective punishment in violation of international
humanitarian law; incidents of harassment of and attacks on schoolchildren and attacks on
educational facilities by Israeli settlers and as a result of Israeli military action; and all other
actions designed to change the legal status, geographical nature and demographic
composition of the Occupied Palestinian Territory, including East Jerusalem,
Deploring all conflicts in and around the Gaza Strip and the civilian casualties
caused, including the killing and injury of thousands of Palestinian civilians, including
children, women and elderly persons, the widespread destruction of thousands of homes
and of civilian infrastructure, including schools, hospitals, water sanitation and electricity
networks, economic, industrial and agricultural properties, public institutions, religious sites
and United Nations schools and facilities, the internal displacement of hundreds of
thousands of civilians, and all violations of international law, including humanitarian and
human rights law, in this regard,
Gravely concerned in particular about the disastrous humanitarian situation and the
critical socioeconomic and security situations in the Gaza Strip, including that resulting
from the prolonged continuous closures and severe economic and movement restrictions
that in effect amount to a blockade, and from the continuing and vastly negative
repercussions of previous Israeli military operations, and about the firing of rockets into
Israel,
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Expressing deep concern at the detrimental impact of continued impediments to the
reconstruction process on the human rights situation and on the socioeconomic and
humanitarian conditions of the Palestinian civilian population, and calling upon the
international community to step up its efforts to provide the Gaza Strip with the assistance
that it requires,
Stressing the need for all parties, in conformity with the relevant provisions of
international humanitarian law, to cooperate fully with the United Nations and other
humanitarian agencies and organizations and to ensure the rapid and unhindered access of
humanitarian personnel, and the delivery of supplies and equipment, in order to allow such
personnel to perform efficiently their task of assisting affected civilian populations,
including refugees and internally displaced persons,
Stressing also the need to end immediately the closure of the Gaza Strip and for the
full implementation of the Agreement on Movement and Access and the Agreed Principles
for the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement
of the Palestinian civilian population within and into and out of the Gaza Strip, while taking
into account Israeli concerns,
Expressing deep concern at the Israeli policy of closures and the imposition of
severe restrictions and checkpoints, several of which have been transformed into structures
akin to permanent border crossings, other physical obstacles and a permit regime, which are
applied in a discriminatory manner affecting the Palestinian population only and all of
which obstruct the freedom of movement of persons and goods, including medical and
humanitarian goods, throughout the Occupied Palestinian Territory, including East
Jerusalem, and impair the Territory’s contiguity, violating the human rights of the
Palestinian people,
Convinced that the Israeli occupation has gravely impeded the efforts made to
achieve sustainable development and a sound economic environment in the Occupied
Palestinian Territory, including East Jerusalem, and expressing grave concern at the
consequent deterioration of economic and living conditions,
Deploring all policies and practices whereby Israeli settlers, who reside illegally in
the Occupied Palestinian Territory, including East Jerusalem, are accorded preferential
treatment over the Palestinian population in terms of access to roads, infrastructure, land,
property, housing, natural resources and judicial mechanisms, resulting in widespread
human rights violations of Palestinians,
Expressing deep concern that thousands of Palestinians, including many children
and women and elected members of the Palestinian Legislative Council, continue to be
detained and held in Israeli prisons or detention centres under harsh conditions, including
unhygienic conditions, solitary confinement, lack of proper medical care, denial of family
visits and denial of due process, that impair their well-being, and expressing deep concern
also at the ill-treatment and harassment of Palestinian prisoners and all reports of torture,
Recalling the United Nations Standard Minimum Rules for the Treatment of
Prisoners (the Nelson Mandela Rules) and the United Nations Rules for the Treatment of
Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules),
and calling for respect for those rules,
Recalling also the prohibition under international humanitarian law of transfers and
deportations of civilians from or to occupied territories,
Deploring the practice of withholding the bodies of those killed, and calling for the
release of the bodies that have not yet been returned to their relatives, in accordance with
international humanitarian law and human rights law,
Stressing the need for the protection of human rights defenders engaged in the
promotion of human rights issues in the Occupied Palestinian Territory, including East
Jerusalem, to allow them to carry out their work freely and without fear of attack,
harassment, arbitrary detention or criminal prosecution,
Convinced of the need for an international presence to monitor the situation, to
contribute to ending the violence and protecting the Palestinian civilian population and to
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help the parties to implement the agreements reached, and in this regard recalling the
positive contribution of the Temporary International Presence in Hebron, and regretting the
unilateral decision by Israel not to renew its mandate, thereby dispensing with one of the
few established mechanisms for conflict resolution between Israelis and Palestinians, which
may therefore have a negative impact on the situation,
Emphasizing the right of all people in the region to the enjoyment of human rights as
enshrined in the international human rights covenants,
1. Demands that Israel, the occupying Power, withdraw from the Palestinian
territory occupied since 1967, including East Jerusalem, so as to enable the Palestinian
people to exercise its universally recognized right to self-determination;
2. Reiterates that all measures and actions taken by Israel, the occupying Power,
in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant
provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time
of War, of 12 August 1949, and contrary to the relevant resolutions of the Security Council
are illegal and have no validity;
3. Demands that Israel, the occupying Power, comply fully with the provisions
of the Fourth Geneva Convention of 1949 and cease immediately all measures and actions
taken in violation and in breach of the Convention;
4. Also demands that Israel, the occupying Power, cease all practices and
actions that violate the human rights of the Palestinian people, and that it fully respect
human rights law and comply with its legal obligations in this regard, including in
accordance with relevant United Nations resolutions;
5. Calls for urgent measures to ensure the safety and protection of the
Palestinian civilian population in the Occupied Palestinian Territory, including East
Jerusalem, in accordance with the relevant provisions of international humanitarian law and
as called for by the Security Council in its resolution 904 (1994) of 18 March 1994;
6. Deplores the persistent non-cooperation of Israel with special procedure
mandate holders and other United Nations mechanisms, and calls for full cooperation by
Israel with the Human Rights Council and all its special procedures, relevant mechanisms
and inquiries, and with the Office of the United Nations High Commissioner for Human
Rights;
7. Demands that Israel, the occupying Power, cease all of its settlement
activities, the construction of the wall and any other measures aimed at altering the
character, status and demographic composition of the Occupied Palestinian Territory,
including in and around East Jerusalem, all of which have, inter alia, a grave and
detrimental impact on the human rights of the Palestinian people and the prospects for a
peaceful settlement;
8. Also demands that Israel, the occupying Power, comply with its legal
obligations under international law, as mentioned in the advisory opinion rendered on 9
July 2004 by the International Court of Justice and as demanded by the General Assembly
in its resolutions ES-10/15 and ES-10/13, and that it immediately cease the construction of
the wall in the Occupied Palestinian Territory, including in and around East Jerusalem,
dismantle forthwith the structure situated therein, repeal or render ineffective all legislative
and regulatory acts relating thereto, and make reparation for all damage caused by the
construction of the wall, which has had a grave impact on the human rights and the
socioeconomic living conditions of the Palestinian people;
9. Calls upon Israel to immediately cease any demolitions or plans for
demolitions that would result in the forcible transfer or forced eviction of Palestinians,
particularly in the vulnerable areas of the Jordan Valley, the periphery of Jerusalem and the
South Hebron Hills, to facilitate the return of those Palestinian communities already
subjected to forcible transfer or eviction to their original dwellings and to ensure adequate
housing and legal security of tenure;
10. Deplores the illegal Israeli actions in occupied East Jerusalem, including the
construction of settlements in various areas; the demolition of residential structures, the
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forced eviction of Palestinian inhabitants and the application of the policy of punitive home
demolitions; the ongoing policy of revoking the residency permits of Palestinians living in
East Jerusalem through various discriminatory laws; the excavations in and around
religious and historic sites; and all other unilateral measures aimed at altering the character,
status and demographic composition of the city and of the territory as a whole, including
those stemming from attempts aimed at illegally changing the status quo of holy sites;
11. Expresses grave concern at the restrictions imposed by Israel that impede the
access of Christian and Muslim worshippers to holy sites in the Occupied Palestinian
Territory, including East Jerusalem, and calls upon Israel to include guarantees for nondiscrimination
on grounds of religion or belief as well as for the preservation and peaceful
access to all religious sites;
12. Urges Israel to ensure that water resource allocation in the Occupied
Palestinian Territory is not discriminatory and does not result in water shortages
disproportionately affecting the Palestinian population of the West Bank, and to take urgent
steps to facilitate the restoration of the water infrastructure of the West Bank, including in
the Jordan Valley, affected by the destruction of the wells of local civilians, roof water
tanks and other water and irrigation facilities under military and settler operation since
1967;
13. Expresses concern about the so-called Basic Law: Israel as the Nation-State
of the Jewish People, adopted by the Knesset, currently under judicial review, which has
raised further concerns regarding compliance with international law, including the law of
occupation, insofar as it applies to the Occupied Palestinian Territory, including East
Jerusalem;
14. Also expresses concern at the Citizenship and Entry into Israel Law adopted
by the Knesset, which suspends the possibility, with certain rare exceptions, of family
reunification between Israeli citizens and persons residing in the Occupied Palestinian
Territory, including East Jerusalem, thus adversely affecting the lives of many families;
15. Reiterates the need for respect for the territorial unity, contiguity and
integrity of all of the Occupied Palestinian Territory and for guarantees of the freedom of
movement of persons and goods within the Palestinian territory, including movement into
and from East Jerusalem, into and from the Gaza Strip, between the West Bank and the
Gaza Strip, and to and from the outside world;
16. Demands that Israel, the occupying Power, cease immediately its imposition
of prolonged closures and economic and movement restrictions, including those amounting
to a blockade on the Gaza Strip, which severely restricts the freedom of movement of
Palestinians within, into and out of Gaza and their access to basic utilities, housing,
education, work, health and an adequate standard of living via various measures, including
import and export restrictions, that have a direct impact on livelihoods, economic
sustainability and development throughout Gaza, aggravating the state of de-development
in Gaza, and in this regard calls upon Israel to implement fully the Agreement on
Movement and Access and the Agreed Principles for the Rafah Crossing in order to allow
for the sustained and regular movement of persons and goods and for the acceleration of
long overdue reconstruction in the Gaza Strip;
17. Condemns all acts of violence, including all acts of terror, provocation,
incitement and destruction, especially the excessive use of force by the Israeli occupying
forces against Palestinian civilians, particularly in the Gaza Strip, where the bombardment
of populated areas has caused extensive loss of life and a vast number of injuries, including
among thousands of children and women, massive damage and destruction to homes,
economic, industrial and agricultural properties, vital infrastructure, including water,
sanitation and electricity networks, religious sites and public institutions, including
hospitals and schools, United Nations facilities, and agricultural lands, the large-scale
internal displacement of civilians, and the excessive use of force by the Israeli occupying
forces against Palestinian civilians in the context of protests in the West Bank and in the
Gaza Strip;
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18. Also condemns the firing of rockets against Israeli civilian areas resulting in
loss of life and injury;
19. Reiterates the responsibility of Israel, the occupying Power, to respect the
right to health of all persons within the Occupied Palestinian Territory and to facilitate the
immediate, sustained and unfettered passage of humanitarian relief, including the access of
medical personnel, their equipment, transport and supplies to all areas under occupation,
including the Gaza Strip, and the granting of exit permits for patients in need of medical
treatment outside the Gaza Strip, and stresses the need for the unhindered passage of
ambulances at checkpoints, especially in times of conflict;
20. Urges Member States to continue to provide emergency assistance to the
Palestinian people to alleviate the financial crisis and the dire socioeconomic and
humanitarian situation, particularly in the Gaza Strip;
21. Calls upon Israel to end all harassment, threats, intimidation and reprisals
against human rights defenders and civil society actors who peacefully advocate for the
rights of Palestinians in the Occupied Palestinian Territory, including by cooperating with
United Nations human rights bodies, and underscores the need to investigate all such acts,
to ensure accountability and effective remedies, and to take steps to prevent any further
such threats, attacks, reprisals or acts of intimidation;
22. Expresses deep concern at the conditions of the Palestinian prisoners and
detainees, including minors, in Israeli jails and detention centres, calls upon Israel to
explicitly prohibit torture, including psychological torture and other cruel, inhuman or
degrading treatment or punishment, demands that Israel, the occupying Power, fully respect
and abide by its international law obligations towards all Palestinian prisoners and
detainees in its custody, expresses its concern at the continued extensive use of
administrative detention, calls for the full implementation of the agreement reached in May
2012 for a prompt and independent investigation into all cases of death in custody, and calls
upon Israel to immediately release all Palestinian prisoners, including Palestinian
legislators, detained in violation of international law;
23. Calls for urgent attention to be paid to the plight and the rights, in accordance
with international law, of Palestinian prisoners and detainees in Israeli jails, and also calls
for respect for the United Nations Standard Minimum Rules for the Treatment of Prisoners
(the Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women
Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules);
24. Demands that Israel cease its policy of transferring prisoners from the
Occupied Palestinian Territory into the territory of Israel, and respect fully its obligations
under article 76 of the Fourth Geneva Convention;
25. Urges Israel to ensure that any arrest, detention and/or trial of Palestinian
children is in line with the Convention on the Rights of the Child, including by refraining
from holding criminal proceedings against them in military courts that, by definition, fall
short of providing the necessary guarantees to ensure respect for their rights and that
infringe upon their right to non-discrimination;
26. Emphasizes the need to preserve and develop Palestinian institutions and
infrastructure for the provision of vital public services to the Palestinian civilian population
and the promotion of human rights, including civil, political, economic, social and cultural
rights;
27. Urges all States and the specialized agencies and organizations of the United
Nations system to continue to support and assist the Palestinian people in the early
realization of their inalienable human rights, including their right to self-determination, as a
matter of urgency, in the light of the onset of the fiftieth year of the Israeli occupation and
the continued denial and violation of the human rights of the Palestinian people;
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28. Decides to remain seized of the matter.
54th meeting
22 March 2019
[Adopted by a recorded vote of 39 to 3, with 5 abstentions. The voting was as follows:
In favour:
Afghanistan, Angola, Argentina, Austria, Bahamas, Bahrain, Bangladesh,
Brazil, Bulgaria, Burkina Faso, Chile, China, Croatia, Cuba, Czechia, Egypt,
Eritrea, Fiji, Iceland, India, Iraq, Italy, Japan, Mexico, Nepal, Nigeria,
Pakistan, Peru, Philippines, Qatar, Saudi Arabia, Senegal, Slovakia, Somalia,
South Africa, Spain, Tunisia, Ukraine, Uruguay
Against:
Australia, Denmark, United Kingdom of Great Britain and Northern Ireland
Abstaining:
Cameroon, Democratic Republic of the Congo, Hungary, Rwanda, Togo]
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
Human Rights Council
Forty-third session
24 February–13 March and 15–23 June 2020
Agenda item 7
Human rights situation in Palestine and other
occupied Arab territories
Resolution adopted by the Human Rights Council
on 22 June 2020
43/32. Human rights situation in the Occupied Palestinian Territory, including
East Jerusalem
The Human Rights Council,
Recalling the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, the International Covenant on Economic, Social and Cultural
Rights and all relevant conventions, and affirming that these human rights instruments,
among others, are applicable to and must be respected in the Occupied Palestinian Territory,
including East Jerusalem,
Recalling also relevant resolutions of the Human Rights Council,
Taking note of the recent report of the Special Rapporteur on the situation of human
rights in the Palestinian territories occupied since 1967,1 and other relevant recent reports of
the Human Rights Council,
Stressing the urgent need for efforts to reverse the negative trends on the ground and
to restore a political horizon for advancing and accelerating meaningful negotiations aimed
at the achievement of a peace agreement that will bring a complete end to the Israeli
occupation that began in 1967 and the resolution of all core final status issues, without
exception, leading to a peaceful, just, lasting and comprehensive solution of the question of
Palestine, on the basis of international law,
Noting the accession by the State of Palestine to several human rights treaties and the
core humanitarian law conventions, and its accession on 2 January 2015 to the Rome Statute
of the International Criminal Court,
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of
Justice, and recalling also General Assembly resolutions ES-10/15 of 20 July 2004 and ES-
10/17 of 15 December 2006,
Noting in particular the Court’s reply, including that the construction of the wall being
built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and
around East Jerusalem, and its associated regime are contrary to international law,
1 A/74/507.
United Nations A/HRC/RES/43/32
General Assembly Distr.: General
3 July 2020
Original: English
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2
Reaffirming the principle of the inadmissibility of the acquisition of territory by force,
and deeply concerned at the fragmentation of the Occupied Palestinian Territory, including
East Jerusalem, through the construction of settlements, settler roads, the wall and other
measures that are tantamount to de facto annexation of Palestinian land,
Emphasizing the applicability of the Geneva Convention relative to the Protection of
Civilian Persons in Time of War of 12 August 1949 (Fourth Geneva Convention), to the
Occupied Palestinian Territory, including East Jerusalem, and reaffirming the obligation of
the States parties to the Convention under articles 146, 147 and 148 with regard to penal
sanctions, grave breaches and responsibilities of the High Contracting Parties and to ensure
respect for international humanitarian law,
Stressing the importance of accountability in preventing future conflicts and ensuring
that there is no impunity for violations and abuses, thereby contributing to peace efforts and
avoiding the recurrence of violations of international law, including international
humanitarian law and international human rights law,
Expressing grave concern at the continuing violations of international humanitarian
law and the systematic violation of the human rights of the Palestinian people by Israel, the
occupying Power, including that arising from the excessive use of force and military
operations causing death and injury to Palestinian civilians, including children and women,
and to non-violent, peaceful demonstrators and to journalists, including through the use of
live ammunition; the arbitrary detention of Palestinians, some of whom have been detained
for decades; the use of collective punishment; the closure of areas; the confiscation of land;
the establishment and expansion of settlements; the construction of a wall in the Occupied
Palestinian Territory in departure from the Armistice Line of 1949; the forcible displacement
of civilians, including of Bedouin communities; the policies and practices that discriminate
against and disproportionately affect the Palestinian population in the Occupied Palestinian
Territory, including East Jerusalem; the discriminatory allocation of water resources between
Israeli settlers, who reside illegally in the Occupied Palestinian Territory, and the Palestinian
population of the said Territory; the violation of the basic right to adequate housing, which
is a component of the right to an adequate standard of living; the revocation of residency
permits from Palestinians of East Jerusalem and their eviction from their city; the destruction
of property and infrastructure, inter alia, homes of Palestinians; the hampering of
humanitarian assistance and the destruction of, inter alia, structures provided as humanitarian
aid, contributing to a coercive environment that leads to the forcible transfer of Palestinian
civilians in the Occupied Palestinian Territory, including when carried out as an act of
collective punishment in violation of international humanitarian law; incidents of harassment
of and attacks on schoolchildren and attacks on educational facilities by Israeli settlers and
as a result of Israeli military action; and all other actions designed to change the legal status,
geographical nature and demographic composition of the Occupied Palestinian Territory,
including East Jerusalem,
Deploring all conflicts in and around the Gaza Strip and the civilian casualties caused,
including the killing and injury of thousands of Palestinian civilians, including children,
women and elderly persons, the widespread destruction of thousands of homes and of civilian
infrastructure, including schools, hospitals, water sanitation and electricity networks,
economic, industrial and agricultural properties, public institutions, religious sites and United
Nations schools and facilities, the internal displacement of hundreds of thousands of civilians,
and all violations of international law, including humanitarian and human rights law, in this
regard,
Gravely concerned in particular about the disastrous humanitarian situation and the
critical socioeconomic and security situations in the Gaza Strip, including that resulting from
the prolonged continuous closures and severe economic and movement restrictions that in
effect amount to a blockade, and from the continuing and vastly negative repercussions of
previous Israeli military operations, and about the firing of rockets into Israel,
Expressing deep concern at the detrimental impact of continued impediments to the
reconstruction process on the human rights situation and on the socioeconomic and
humanitarian conditions of the Palestinian civilian population, and calling upon the
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international community to step up its efforts to provide the Gaza Strip with the assistance
that it requires,
Stressing the need for all parties, in conformity with the relevant provisions of
international humanitarian law, to cooperate fully with the United Nations and other
humanitarian agencies and organizations and to ensure the rapid and unhindered access of
humanitarian personnel, and the delivery of supplies and equipment, in order to allow such
personnel to perform efficiently their task of assisting affected civilian populations, including
refugees and internally displaced persons,
Stressing also the need to end immediately the closure of the Gaza Strip and for the
full implementation of the Agreement on Movement and Access and the Agreed Principles
for the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement
of the Palestinian civilian population within and into and out of the Gaza Strip, while taking
into account Israeli security concerns,
Expressing deep concern at the Israeli policy of closures and the imposition of severe
restrictions and checkpoints, several of which have been transformed into structures akin to
permanent border crossings, other physical obstacles and a permit regime, which are applied
in a discriminatory manner affecting the Palestinian population only and all of which obstruct
the freedom of movement of persons and goods, including medical and humanitarian goods,
throughout the Occupied Palestinian Territory, including East Jerusalem, and impair the
Territory’s contiguity, violating the human rights of the Palestinian people,
Convinced that the Israeli occupation has gravely impeded the efforts made to achieve
sustainable development and a sound economic environment in the Occupied Palestinian
Territory, including East Jerusalem, and expressing grave concern at the consequent
deterioration of economic and living conditions,
Deploring all policies and practices whereby Israeli settlers, who reside illegally in
the Occupied Palestinian Territory, including East Jerusalem, are accorded preferential
treatment over the Palestinian population in terms of access to roads, infrastructure, land,
property, housing, natural resources and judicial mechanisms, resulting in widespread human
rights violations of Palestinians,
Expressing deep concern that thousands of Palestinians, including many children and
women, and elected members of the Palestinian Legislative Council continue to be detained
and held in Israeli prisons or detention centres under harsh conditions, including unhygienic
conditions, solitary confinement, lack of proper medical care, denial of family visits and
denial of due process, that impair their well-being, and expressing deep concern also at the
ill-treatment and harassment of Palestinian prisoners and all reports of torture,
Recalling the United Nations Standard Minimum Rules for the Treatment of Prisoners
(the Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women
Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), and
calling for respect for those rules,
Recalling also the prohibition under international humanitarian law of transfers and
deportations of civilians from or to occupied territories,
Deploring the practice of withholding the bodies of those killed, and calling for the
release of the bodies that have not yet been returned to their relatives, in accordance with
international humanitarian law and human rights law,
Stressing the need for the protection of human rights defenders engaged in the
promotion of human rights issues in the Occupied Palestinian Territory, including East
Jerusalem, to allow them to carry out their work freely and without fear of attack, harassment,
arbitrary detention or criminal prosecution,
Convinced of the need for an international presence to monitor the situation, to
contribute to ending the violence and protecting the Palestinian civilian population and to
help the parties to implement the agreements reached, and in this regard recalling the positive
contribution of the Temporary International Presence in Hebron, and regretting the unilateral
decision by Israel not to renew its mandate, thereby dispensing with one of the few
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established mechanisms for conflict resolution between Israelis and Palestinians, which may
therefore have a negative impact on the situation,
Emphasizing the right of all people in the region to the enjoyment of human rights as
enshrined in the international human rights covenants,
1. Demands that Israel, the occupying Power, withdraw from the Palestinian
territory occupied since 1967, including East Jerusalem, so as to enable the Palestinian people
to exercise its universally recognized right to self-determination;
2. Reiterates that all measures and actions taken by Israel, the occupying Power,
in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant
provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time
of War of 12 August 1949 (Fourth Geneva Convention), and contrary to the relevant
resolutions of the Security Council are illegal and have no validity;
3. Demands that Israel, the occupying Power, comply fully with the provisions
of the Fourth Geneva Convention and cease immediately all measures and actions taken in
violation and in breach of the Convention;
4. Also demands that Israel, the occupying Power, cease all practices and actions
that violate the human rights of the Palestinian people, and that it fully respect human rights
law and comply with its legal obligations in this regard, including in accordance with relevant
United Nations resolutions;
5. Calls for urgent measures to ensure the safety and protection of the Palestinian
civilian population in the Occupied Palestinian Territory, including East Jerusalem, in
accordance with the relevant provisions of international humanitarian law and as called for
by the Security Council in its resolution 904 (1994) of 18 March 1994;
6. Deplores the persistent non-cooperation of Israel with special procedure
mandate holders and other United Nations mechanisms, and calls for full cooperation by
Israel with the Human Rights Council and all its special procedures, relevant mechanisms
and inquiries, and with the Office of the United Nations High Commissioner for Human
Rights;
7. Demands that Israel, the occupying Power, cease all of its settlement activities,
the construction of the wall and any other measures aimed at altering the character, status and
demographic composition of the Occupied Palestinian Territory, including in and around
East Jerusalem, all of which have, inter alia, a grave and detrimental impact on the human
rights of the Palestinian people and the prospect of a peaceful settlement;
8. Also demands that Israel, the occupying Power, comply with its legal
obligations under international law, as mentioned in the advisory opinion rendered on 9 July
2004 by the International Court of Justice and demanded by the General Assembly in its
resolutions ES-10/15 and ES-10/13, and that it immediately cease the construction of the wall
in the Occupied Palestinian Territory, including in and around East Jerusalem, dismantle
forthwith the structure situated therein, repeal or render ineffective all legislative and
regulatory acts relating thereto, and make reparation for all damage caused by the
construction of the wall, which has had a grave impact on the human rights and the
socioeconomic living conditions of the Palestinian people;
9. Calls upon Israel to immediately cease any demolitions or plans for
demolitions that would result in the forcible transfer or forced eviction of Palestinians,
particularly in the vulnerable areas of the Jordan Valley, the periphery of Jerusalem and the
South Hebron Hills, to facilitate the return of those Palestinian communities already
subjected to forcible transfer or eviction to their original dwellings, and to ensure adequate
housing and legal security of tenure;
10. Deplores the illegal Israeli actions in occupied East Jerusalem, including the
construction of settlements in various areas; the demolition of residential structures, the
forced eviction of Palestinian inhabitants and the application of the policy of punitive home
demolitions; the ongoing policy of revoking the residency permits of Palestinians living in
East Jerusalem through various discriminatory laws; the excavations in and around religious
and historic sites; and all other unilateral measures aimed at altering the character, status and
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demographic composition of the city and of the territory as a whole, including those
stemming from attempts aimed at illegally changing the status quo of holy sites;
11. Expresses grave concern at the restrictions imposed by Israel that impede the
access of Christian and Muslim worshippers to holy sites in the Occupied Palestinian
Territory, including East Jerusalem, and calls upon Israel to include guarantees for nondiscrimination
on grounds of religion or belief as well as for the preservation of and peaceful
access to all religious sites;
12. Urges Israel to ensure that water resource allocation in the Occupied
Palestinian Territory is not discriminatory and does not result in water shortages
disproportionately affecting the Palestinian population of the West Bank, and to take urgent
steps to facilitate the restoration of the water infrastructure of the West Bank, including in
the Jordan Valley, affected by the destruction of the wells of local civilians, roof water tanks
and other water and irrigation facilities under military and settler operation since 1967;
13. Expresses concern about the so-called “Basic Law: Israel as the Nation-State
of the Jewish People”, adopted by the Knesset, currently under judicial review, which has
raised further concerns regarding compliance with international law, including the law of
occupation, insofar as it applies to the Occupied Palestinian Territory, including East
Jerusalem;
14. Also expresses concern at the Citizenship and Entry into Israel Law adopted
by the Knesset, which suspends the possibility, with certain rare exceptions, of family
reunification between Israeli citizens and persons residing in the Occupied Palestinian
Territory, including East Jerusalem, thus adversely affecting the lives of many families;
15. Reiterates the need for respect for the territorial unity, contiguity and integrity
of all of the Occupied Palestinian Territory and for guarantees of the freedom of movement
of persons and goods within the Palestinian territory, including movement into and from East
Jerusalem, into and from the Gaza Strip, between the West Bank and the Gaza Strip, and to
and from the outside world;
16. Demands that Israel, the occupying Power, cease immediately its imposition
of prolonged closures and economic and movement restrictions, including those amounting
to a blockade on the Gaza Strip, which severely restricts the freedom of movement of
Palestinians within, into and out of Gaza and their access to basic utilities, housing, education,
work, health and an adequate standard of living via various measures, including import and
export restrictions, that have a direct impact on livelihoods, economic sustainability and
development throughout Gaza, aggravating the state of de-development in Gaza, and in this
regard calls upon Israel to implement fully the Agreement on Movement and Access and the
Agreed Principles for the Rafah Crossing in order to allow for the sustained and regular
movement of persons and goods and for the acceleration of long overdue reconstruction in
the Gaza Strip;
17. Condemns all acts of violence, including all acts of terror, provocation,
incitement and destruction, especially the excessive use of force by the Israeli occupying
forces against Palestinian civilians, particularly in the Gaza Strip, where the bombardment of
populated areas has caused extensive loss of life and a vast number of injuries, including
among thousands of children and women, massive damage and destruction to homes,
economic, industrial and agricultural properties, vital infrastructure, including water,
sanitation and electricity networks, religious sites and public institutions, including hospitals
and schools, United Nations facilities, and agricultural lands, the large-scale internal
displacement of civilians, and the excessive use of force by the Israeli occupying forces
against Palestinian civilians in the context of protests in the West Bank and in the Gaza Strip;
18. Also condemns the firing of rockets against Israeli civilian areas resulting in
loss of life and injury, while encouraging an end to all actions contrary to international law;
19. Reiterates the responsibility of Israel, the occupying Power, to respect the right
to health of all persons within the Occupied Palestinian Territory and to facilitate the
immediate, sustained and unfettered passage of humanitarian relief, including the access of
medical personnel, their equipment, transport and supplies to all areas under occupation,
including the Gaza Strip, and the granting of exit permits for patients in need of medical
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treatment outside the Gaza Strip, and stresses the need for the unhindered passage of
ambulances at checkpoints, especially in times of conflict;
20. Urges Member States to continue to provide emergency assistance to the
Palestinian people to alleviate the financial crisis and the dire socioeconomic and
humanitarian situation, particularly in the Gaza Strip;
21. Calls upon Israel to end all harassment, threats, intimidation and reprisals
against human rights defenders and civil society actors who peacefully advocate for the rights
of Palestinians in the Occupied Palestinian Territory, including by cooperating with United
Nations human rights bodies, and underscores the need to investigate all such acts, to ensure
accountability and effective remedies, and to take steps to prevent any further such threats,
attacks, reprisals or acts of intimidation;
22. Expresses deep concern at the conditions of the Palestinian prisoners and
detainees, including minors, in Israeli jails and detention centres, calls upon Israel to
explicitly prohibit torture, including psychological torture and other cruel, inhuman or
degrading treatment or punishment, demands that Israel, the occupying Power, fully respect
and abide by its international law obligations towards all Palestinian prisoners and detainees
in its custody, expresses its concern at the continued extensive use of administrative
detention, calls for the full implementation of the agreement reached in May 2012 for a
prompt and independent investigation into all cases of death in custody, and calls upon Israel
to immediately release all Palestinian prisoners, including Palestinian legislators, detained in
violation of international law;
23. Calls for urgent attention to be paid to the plight and the rights, in accordance
with international law, of Palestinian prisoners and detainees in Israeli jails, and also calls for
respect for the United Nations Standard Minimum Rules for the Treatment of Prisoners (the
Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women Prisoners
and Non-custodial Measures for Women Offenders (the Bangkok Rules);
24. Demands that Israel cease its policy of transferring prisoners from the
Occupied Palestinian Territory into the territory of Israel, and respect fully its obligations
under article 76 of the Fourth Geneva Convention;
25. Urges Israel to ensure that any arrest, detention and/or trial of Palestinian
children is in line with the Convention on the Rights of the Child, including by refraining
from holding criminal proceedings against them in military courts that, by definition, fall
short of providing the necessary guarantees to ensure respect for their rights and that infringe
upon their right to non-discrimination;
26. Emphasizes the need to preserve and develop Palestinian institutions and
infrastructure for the provision of vital public services to the Palestinian civilian population
and the promotion of human rights, including civil, political, economic, social and cultural
rights;
27. Urges all States and the specialized agencies and organizations of the United
Nations system to continue to support and assist the Palestinian people in the early realization
of their inalienable human rights, including their right to self-determination, as a matter of
urgency, in the light of the onset of the fiftieth year of the Israeli occupation and the continued
denial and violation of the human rights of the Palestinian people;
28. Requests the United Nations High Commissioner for Human Rights to prepare
a report on the allocation of water resources in the Occupied Palestinian Territory, including
East Jerusalem, and to recommend measures to ensure the implementation of equitable access
to safe drinking water in the Occupied Palestinian Territory, including East Jerusalem, in
accordance with international law, and to present the report to the Human Rights Council at
its forty-eighth session;
29. Decides to remain seized of the matter.
46th meeting
22 June 2020
[Adopted by a recorded vote of 42 to 2, with 3 abstentions. The voting was as follows:
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In favour:
Afghanistan, Angola, Argentina, Armenia, Austria, Bahamas, Bahrain,
Bangladesh, Brazil, Bulgaria, Burkina Faso, Chile, Czechia, Denmark, Eritrea,
Fiji, Germany, India, Indonesia, Italy, Japan, Libya, Mauritania, Mexico,
Namibia, Nepal, Netherlands, Nigeria, Pakistan, Peru, Philippines, Poland,
Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Spain, Sudan, Ukraine,
Uruguay, Venezuela (Bolivarian Republic of)
Against:
Australia, Marshall Islands
Abstaining:
Cameroon, Democratic Republic of the Congo, Togo]
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GE.21-04296(E)
Human Rights Council
Forty-sixth session
22 February–24 March 2021
Agenda item 2
Annual report of the United Nations High Commissioner
for Human Rights and reports of the Office of the
High Commissioner and the Secretary-General
Resolution adopted by the Human Rights Council
on 23 March 2021
46/3. Human rights situation in the Occupied Palestinian Territory, including
East Jerusalem, and the obligation to ensure accountability and justice
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Recalling the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, the International Covenant on Economic, Social and Cultural
Rights and all relevant conventions, and affirming that these human rights instruments,
among others, are applicable to and must be respected in the Occupied Palestinian Territory,
including East Jerusalem,
Recalling also the relevant rules and principles of international law, including
international humanitarian law, in particular the Geneva Convention relative to the Protection
of Civilian Persons in Time of War, of 12 August 1949 (Fourth Geneva Convention), which
is applicable to the Occupied Palestinian Territory, including East Jerusalem,
Recalling further the statement of 15 July 1999 and the declarations adopted on 5
December 2001 and 17 December 2014 at the Conference of High Contracting Parties to the
Fourth Geneva Convention on measures to enforce the Convention in the Occupied
Palestinian Territory, including East Jerusalem,
Recalling relevant resolutions of the Human Rights Council, the General Assembly
and the Security Council,
Recalling also relevant United Nations reports, including the outcome reports of factfinding
missions and commissions of inquiry, and the important recommendations made
therein, and calling upon all duty bearers and United Nations bodies to pursue the
implementation of those recommendations,
Stressing the urgency of achieving without delay an end to the Israeli occupation that
began in 1967,
Affirming the obligation of all parties to respect international humanitarian law and
international human rights law,
Emphasizing the need for States to investigate and prosecute grave breaches of the
Geneva Conventions of 1949 and other serious violations of international humanitarian law,
United Nations A/HRC/RES/46/3
General Assembly Distr.: General
31 March 2021
Original: English
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to end impunity, to uphold their obligations to ensure respect and to promote international
accountability,
Regretting the lack of progress made in the conduct of domestic investigations in
accordance with international law standards, and aware of the existence of numerous legal,
procedural and practical obstacles in the Israeli and Palestinian civil and criminal legal
systems contributing to the denial of access to justice for Palestinian victims and of their right
to an effective judicial remedy,
Noting the accession by the State of Palestine to several human rights treaties and the
core humanitarian law conventions, and its accession on 2 January 2015 to the Rome Statute
of the International Criminal Court,
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of
Justice on the legal consequences of the construction of a wall in the Occupied Palestinian
Territory,
Noting in particular the Court’s reply, including that the construction of the wall being
built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and
around East Jerusalem, and its associated regime are contrary to international law,
Reaffirming the principle of the inadmissibility of the acquisition of territory by force,
and deeply concerned at the fragmentation of the Occupied Palestinian Territory, including
East Jerusalem, through settlement activities and other measures that are tantamount to de
facto annexation of Palestinian land,
Gravely concerned that long-standing impunity for international law violations has
allowed for the recurrence of grave violations without consequence, and stressing the need
to ensure accountability for all violations of international humanitarian law and international
human rights law in order to end impunity, ensure justice and access to effective remedy,
deter further violations, protect civilians and promote peace,
Expressing grave concern at reports of serious human rights violations and grave
breaches of international humanitarian law, including of possible war crimes and crimes
against humanity, in the Occupied Palestinian Territory, including East Jerusalem, and all
other actions designed to change the legal status, geographical nature and demographic
composition of the Occupied Palestinian Territory, including East Jerusalem,
Deploring the continuing and negative consequences of the conflicts in and around
the Gaza Strip, including all casualties, particularly among Palestinian civilians, including
children, and ongoing violations of international law, and calling for full respect for
international humanitarian and human rights law and for the principles of legality, distinction,
precaution and proportionality,
Gravely concerned about the dire humanitarian, socioeconomic and security situation
in the Gaza Strip, including that resulting from the prolonged closures and severe economic
and movement restrictions that in effect amount to a blockade, and about the short- and longterm
detrimental impact of this situation, and the widespread destruction and continued
impediments to the reconstruction process by Israel, the occupying Power, on the human
rights situation,
Expressing grave concern at the firing of rockets into Israel,
Stressing the need to end immediately the closure of the Gaza Strip and for the full
implementation of the Agreement on Movement and Access and the Agreed Principles for
the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement of the
Palestinian civilian population within and into and out of the Gaza Strip, while taking into
account Israeli security concerns,
Stressing also the need to end the Israeli policy of closures and the imposition of
severe restrictions and checkpoints, several of which have been transformed into structures
akin to permanent border crossings, other physical obstacles and a permit regime, which are
applied in a discriminatory manner affecting the Palestinian population only and all of which
obstruct the freedom of movement of persons and goods, including medical and humanitarian
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goods, throughout the Occupied Palestinian Territory, including East Jerusalem, and impair
the Territory’s contiguity, violating the human rights of the Palestinian people,
Stressing further the need for all parties, in conformity with relevant provisions of
international humanitarian law, to cooperate fully with the United Nations and other
humanitarian agencies and organizations and to ensure the rapid and unhindered access of
humanitarian personnel, and the delivery of supplies and equipment, in order to allow such
personnel to perform efficiently their task of assisting affected civilian populations, including
refugees and internally displaced persons,
Deploring all policies and practices whereby Israeli settlers who reside illegally in the
Occupied Palestinian Territory, including East Jerusalem, are accorded preferential treatment
over the Palestinian population, and deploring also the widespread violations of the human
rights of Palestinian civilians,
Expressing deep concern that thousands of Palestinians, including many children and
women and elected members of the Palestinian Legislative Council, continue to be detained
and held in Israeli prisons or detention centres under harsh conditions, including unhygienic
conditions, solitary confinement, restricted access to proper medical care, including in a time
of pandemic, denial of family visits and denial of due process, that impair their well-being,
and expressing deep concern also at the ill-treatment and harassment of Palestinian prisoners
and all reports of torture,
Recalling the United Nations Standard Minimum Rules for the Treatment of Prisoners
(the Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women
Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), and
calling for respect for those rules,
Recalling also the prohibition under international humanitarian law of individual and
mass forcible transfers, and of the deportation of protected persons, from occupied territory,
and the prohibition of deportation or transfer by the occupying Power of parts of its own
civilian population into the territory it occupies,
Deploring the practice of withholding the bodies of those killed, and calling for the
release of the bodies that have not yet been returned to their relatives, in accordance with
international humanitarian law and human rights law,
Recognizing the work of Palestinian, Israeli and international civil society actors and
human rights defenders in documenting and countering violations of international law in the
Occupied Palestinian Territory, including East Jerusalem,
Convinced of the need for an international presence to monitor the situation, to
contribute to ending the violence and protecting the Palestinian civilian population and to
help the parties to implement the agreements reached, and in this regard recalling the positive
contribution of the Temporary International Presence in Hebron, and regretting the unilateral
decision by Israel not to renew its mandate,
1. Demands that Israel, the occupying Power, withdraw from the Palestinian
territory occupied since 1967, including East Jerusalem, and stresses that all efforts to end
the Israeli-Palestinian conflict should be grounded in respect for international humanitarian
law and international human rights law and relevant United Nations resolutions;
2. Stresses the imperative of credible and comprehensive accountability for all
violations of international law in order to establish a sustainable peace;
3. Reiterates that all measures and actions taken by Israel, the occupying Power,
in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant
provisions of the Fourth Geneva Convention, and contrary to the relevant resolutions of the
Security Council are illegal and have no validity;
4. Deplores the persistent non-cooperation of Israel with the special procedures
of the Human Rights Council and other United Nations mechanisms seeking to investigate
alleged violations of international law in the Occupied Palestinian Territory, including East
Jerusalem, and calls for full cooperation with the Council and all its special procedures,
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relevant mechanisms and inquiries, and with the Office of the United Nations High
Commissioner for Human Rights;
5. Demands that Israel, the occupying Power, cease all illegal actions in the
Occupied Palestinian Territory, including East Jerusalem, including the construction of
settlements; the demolition of residential structures, including punitive home demolitions;
the forced eviction of Palestinian inhabitants and the revocation of residency permits of
Palestinians living in East Jerusalem through various discriminatory laws; excavations in and
around religious and historic sites; and all other unilateral measures aimed at altering the
character, status and demographic composition of the territory as a whole, all of which have,
inter alia, a grave and detrimental impact on the human rights of the Palestinian people and
the prospects for a just and peaceful settlement;
6. Also demands that Israel, the occupying Power, comply with its legal
obligations under international law, as mentioned in the advisory opinion rendered on 9 July
2004 by the International Court of Justice and demanded by the General Assembly in its
resolutions ES-10/13 of 21 October 2003 and ES-10/15 of 20 July 2004, and that it
immediately cease the construction of the wall in the Occupied Palestinian Territory,
including in and around East Jerusalem, dismantle forthwith the structure situated therein,
repeal or render ineffective all legislative and regulatory acts relating thereto, and make
reparation for all damage caused by the construction of the wall, which has had a grave impact
on the human rights and the socioeconomic living conditions of the Palestinian people;
7. Calls upon Israel to immediately cease any demolitions or plans for
demolitions that would result in the forcible transfer or forced eviction of Palestinians, to
facilitate the return of those Palestinian communities already subjected to forcible transfer or
eviction to their original dwellings, and to ensure adequate housing and legal security of
tenure;
8. Expresses grave concern at the restrictions imposed by Israel that impede the
access of Christian and Muslim worshippers to holy sites in the Occupied Palestinian
Territory, including East Jerusalem, and calls upon Israel to ensure non-discrimination on
grounds of religion or belief and the preservation of and peaceful access to all religious sites;
9. Urges Israel to ensure that water resource allocation in the Occupied
Palestinian Territory is not discriminatory, which has a broad impact on human rights,
including in the Jordan Valley, affected by the destruction of the wells of local civilians, roof
water tanks and other water and irrigation facilities under military and settler operation since
1967;
10. Demands that Israel, the occupying Power, comply fully with international
law, including international humanitarian law and human rights law, and that it cease all
measures and actions taken in breach of these bodies of law, and discriminatory legislation,
policies and actions in the Occupied Palestinian territory that violate the human rights of the
Palestinian people, including if carried out as collective punishment in violation of
international humanitarian law, and any obstruction of humanitarian assistance, and that it
fully respect human rights law and comply with its legal obligations in this regard;
11. Reiterates the need for respect for the territorial unity, contiguity and integrity
of all of the Occupied Palestinian Territory and for guarantees of the freedom of movement
of persons and goods within the Palestinian territory, including movement into and from East
Jerusalem, into and from the Gaza Strip, between the West Bank and the Gaza Strip, and to
and from the outside world;
12. Demands that Israel, the occupying Power, cease immediately its imposition
of prolonged closures and economic and movement restrictions, including those amounting
to a blockade on the Gaza Strip, which severely restricts the freedom of movement of
Palestinians within, into and out of Gaza and their access to basic rights, and which has a
direct impact on livelihoods, economic sustainability and development throughout Gaza, and
in this regard calls upon Israel to implement fully the Agreement on Movement and Access
and the Agreed Principles for the Rafah Crossing in order to allow for the sustained and
regular movement of persons and goods and for the acceleration of long overdue
reconstruction in the Gaza Strip, while taking into account Israeli security concerns;
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13. Condemns all acts of violence, including all acts of terror, provocation,
incitement and destruction, including unlawful lethal and other excessive use of force by
Israeli occupying forces against Palestinian civilians, including against civilians with special
protected status under international law and who pose no imminent threat to life;
14. Also condemns the firing of rockets against Israeli civilian areas resulting in
loss of life and injury, and calls for an end to all actions by militants and armed groups
contrary to international law;
15. Calls upon all States to promote compliance with international law and all
High Contracting Parties to the Fourth Geneva Convention to respect and ensure respect for
international humanitarian law in the Occupied Palestinian Territory, including East
Jerusalem, in accordance with article 1 common to the Geneva Conventions, and to fulfil
their obligations under articles 146, 147 and 148 of the said Convention with regard to penal
sanctions, grave breaches and the responsibilities of the High Contracting Parties;
16. Urges all States to refrain from transferring arms when, in accordance with
applicable national procedures and international obligations and standards, they assess that
there is a clear risk that such arms might be used to commit or facilitate serious violations or
abuses of international human rights law or serious violations of international humanitarian
law;
17. Reiterates the responsibility of Israel, the occupying Power, to respect the right
to health of all persons within the Occupied Palestinian Territory and to facilitate the
immediate, sustained and unfettered passage of humanitarian relief, including the access of
medical personnel, their equipment, transport and supplies to all areas under occupation,
including the Gaza Strip, and the granting of exit permits for patients in need of medical
treatment outside the Gaza Strip, and stresses the need for the unhindered passage of
ambulances at checkpoints, especially in times of conflict;
18. Calls upon Israel, the occupying Power, to comply immediately with its
international law obligations to the protected occupied population, and ensure nondiscriminatory
access to vaccines for immunization against the coronavirus disease (COVID-
19) in the Occupied Palestinian Territory, including East Jerusalem, including in coordination
with the Government of the State of Palestine;
19. Urges Member States to continue to provide emergency assistance to the
Palestinian people to alleviate the financial crisis and the dire socioeconomic and
humanitarian situation, particularly in the Gaza Strip;
20. Calls for an end to all harassment, threats, intimidation and reprisals against
human rights defenders and civil society actors who peacefully advocate for the rights of
Palestinians in the Occupied Palestinian Territory, including by cooperating with United
Nations human rights bodies, calls for their protection, and underscores the need to
investigate all such acts and to ensure accountability and effective remedies;
21. Expresses deep concern at the conditions of the Palestinian prisoners and
detainees, including minors, in Israeli jails and detention centres, and at the continued use of
administrative detention, and calls upon Israel to explicitly prohibit torture, including
psychological torture and other cruel, inhuman or degrading treatment or punishment; to fully
respect and abide by its international law obligations towards all Palestinian prisoners and
detainees in its custody, including ensuring access to medical care and vaccinations,
including in the context of the ongoing pandemic; to implement fully the agreement reached
in May 2012 for a prompt and independent investigation into all cases of death in custody;
and to release immediately all Palestinian prisoners, including Palestinian legislators,
detained in violation of international law;
22. Demands that Israel cease its policy of transferring prisoners from the
Occupied Palestinian Territory into the territory of Israel, and respect fully its obligations
under article 76 of the Fourth Geneva Convention;
23. Urges Israel to ensure that any arrest, detention and/or trial of Palestinian
children is in line with the Convention on the Rights of the Child, including by refraining
from holding criminal proceedings against them in military courts that, by definition, fall
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short of providing the necessary guarantees to ensure respect for their rights and that infringe
upon their right to non-discrimination;
24. Emphasizes the need to ensure that all those responsible for violations of
international humanitarian law and international human rights law are held to account
through appropriate, fair and independent national or international criminal justice
mechanisms, and to ensure the provision of an effective remedy for all victims, including full
reparations, and stresses the need to pursue practical steps towards these goals to ensure
justice for all victims and to contribute to the prevention of future violations;
25. Requests the United Nations High Commissioner for Human Rights to report
on the implementation of the present resolution to the Human Rights Council at its fortyninth
session, to be followed by an interactive dialogue;
26. Decides to remain seized of the matter.
48th meeting
23 March 2021
[Adopted by a recorded vote of 32 to 6, with 8 abstentions. The voting was as follows:
In favour:
Argentina, Armenia, Bangladesh, Bolivia (Plurinational State of), Burkina
Faso, China, Côte d’Ivoire, Cuba, Denmark, Eritrea, Fiji, France, Gabon,
Germany, Indonesia, Italy, Japan, Libya, Mauritania, Mexico, Namibia,
Netherlands, Pakistan, Poland, Republic of Korea, Russian Federation,
Senegal, Somalia, Sudan, Uruguay, Uzbekistan and Venezuela (Bolivarian
Republic of)
Against:
Austria, Brazil, Bulgaria, Cameroon, Malawi and Togo
Abstaining:
Bahamas, Czechia, India, Marshall Islands, Nepal, Philippines, Ukraine and
United Kingdom of Great Britain and Northern Ireland]
HP EXHIBIT 197
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GE.22-05090(E)
Human Rights Council
Forty-ninth session
28 February–1 April 2022
Agenda item 2
Annual report of the United Nations High Commissioner
for Human Rights and reports of the Office of the
High Commissioner and the Secretary-General
Resolution adopted by the Human Rights Council
on 31 March 2022
49/4. Human rights situation in the Occupied Palestinian Territory, including
East Jerusalem, and the obligation to ensure accountability and justice
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Recalling the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, the International Covenant on Economic, Social and Cultural
Rights and all relevant conventions, and affirming that these human rights instruments,
among others, are applicable to and must be respected in the Occupied Palestinian Territory,
including East Jerusalem,
Recalling also the relevant rules and principles of international law, including
international humanitarian law, in particular the Geneva Convention relative to the Protection
of Civilian Persons in Time of War, of 12 August 1949 (Fourth Geneva Convention), which
is applicable to the Occupied Palestinian Territory, including East Jerusalem,
Recalling further the statement of 15 July 1999 and the declarations adopted on 5
December 2001 and 17 December 2014 at the Conference of High Contracting Parties to the
Fourth Geneva Convention on measures to enforce the Convention in the Occupied
Palestinian Territory, including East Jerusalem,
Recalling relevant resolutions of the Human Rights Council, the General Assembly
and the Security Council,
Recalling also relevant United Nations reports, including the outcome reports of factfinding
missions and commissions of inquiry, and the important recommendations made
therein, and calling upon all duty bearers and United Nations bodies to pursue the
implementation of those recommendations,
Stressing the urgency of achieving without delay an end to the Israeli occupation that
began in 1967,
Affirming the obligation of all parties to respect international humanitarian law and
international human rights law,
Emphasizing the need for States to investigate and prosecute grave breaches of the
Geneva Conventions of 1949 and other serious violations of international humanitarian law,
United Nations A/HRC/RES/49/4
General Assembly Distr.: General
11 April 2022
Original: English
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2
to end impunity, to uphold their obligations to ensure respect and to promote international
accountability,
Regretting the lack of progress made in the conduct of domestic investigations in
accordance with international law standards, and aware of the existence of numerous legal,
procedural and practical obstacles in the Israeli and Palestinian civil and criminal legal
systems contributing to the denial of access to justice for Palestinian victims and of their right
to an effective judicial remedy,
Noting the accession by the State of Palestine to several human rights treaties and the
core humanitarian law conventions, and its accession on 2 January 2015 to the Rome Statute
of the International Criminal Court,
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of
Justice on the legal consequences of the construction of a wall in the Occupied Palestinian
Territory,
Noting in particular the Court’s reply, including that the construction of the wall being
built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and
around East Jerusalem, and its associated regime are contrary to international law,
Reaffirming the principle of the inadmissibility of the acquisition of territory by force,
and deeply concerned at the fragmentation of the Occupied Palestinian Territory, including
East Jerusalem, through settlement activities and other measures that are tantamount to de
facto annexation of Palestinian land,
Gravely concerned that long-standing impunity for international law violations has
allowed for the recurrence of grave breaches and serious violations without consequence, and
stressing the need to ensure accountability for all violations of international humanitarian law
and international human rights law in order to end impunity, ensure the access of victims to
justice and effective remedies, deter further violations, protect civilians and promote peace,
Expressing grave concern at reports of serious human rights violations and grave
breaches of international humanitarian law, including of possible war crimes and crimes
against humanity, in the Occupied Palestinian Territory, including East Jerusalem, and all
other actions designed to change the legal status, geographical nature and demographic
composition of the Occupied Palestinian Territory, including East Jerusalem,
Deploring the continuing and negative consequences of the conflicts in and around
the Gaza Strip, including all casualties, particularly among Palestinian civilians, including
children, and ongoing violations of international law, and calling for full respect for
international humanitarian and human rights law and for the principles of legality, distinction,
precaution and proportionality,
Gravely concerned about the dire humanitarian, socioeconomic and security situation
in the Gaza Strip, including that resulting from the prolonged closures and severe economic
impediments and movement restrictions that in effect amount to a blockade, and about the
short- and long-term detrimental impact of this situation, and the widespread destruction and
continued impediments to the construction and reconstruction process imposed by Israel, the
occupying Power, on the human rights situation,
Expressing grave concern at the firing of rockets into Israel,
Stressing the need to end immediately the closure of the Gaza Strip and for the full
implementation of the Agreement on Movement and Access and the Agreed Principles for
the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement of the
Palestinian civilian population within and into and out of the Gaza Strip, while taking into
account Israeli security concerns,
Stressing also the need to end the Israeli policy of closures and the imposition of
severe restrictions and checkpoints, several of which have been transformed into structures
akin to permanent border crossings, other physical obstacles and a permit regime, which are
applied in a discriminatory manner affecting the Palestinian population only and all of which
obstruct the freedom of movement of persons and goods, including medical and humanitarian
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goods, throughout the Occupied Palestinian Territory, including East Jerusalem, and impair
the Territory’s contiguity, violating the human rights of the Palestinian people,
Stressing further the need for all parties, in conformity with relevant provisions of
international humanitarian law, to cooperate fully with the United Nations and other
humanitarian agencies and organizations and to ensure the rapid and unhindered access of
humanitarian personnel, and the delivery of supplies and equipment, in order to allow such
personnel to perform efficiently their task of assisting affected civilian populations, including
refugees and internally displaced persons,
Deploring all policies and practices whereby Israeli settlers who reside illegally in the
Occupied Palestinian Territory, including East Jerusalem, are accorded preferential treatment
over the Palestinian population, and deploring also the widespread violations of the human
rights of Palestinian civilians, including as a result of recurrent and escalating settler attacks,
Expressing deep concern that thousands of Palestinians, including many children,
women, elected members of the Palestinian Legislative Council and human rights defenders,
continue to be detained, including under terms of administrative detention with limited or no
judicial recourse, and held in Israeli prisons or detention centres under harsh conditions,
including unhygienic conditions, solitary confinement, restricted access to proper medical
care, including in a time of pandemic, denial of family visits and denial of due process, that
impair their well-being, and expressing deep concern also at the ill-treatment and harassment
of Palestinian prisoners and all reports of inhumane treatment and torture,
Recalling the United Nations Standard Minimum Rules for the Treatment of Prisoners
(the Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women
Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), and
calling for respect for those rules,
Recalling also the prohibition under international humanitarian law of individual and
mass forcible transfers, and of the deportation of protected persons, from occupied territory,
and the prohibition of deportation or transfer by the occupying Power of parts of its own
civilian population into the territory it occupies,
Deploring the practice of withholding the bodies of those killed, and calling for the
release of the bodies that have not yet been returned to their relatives, in accordance with
international humanitarian law and international human rights law,
Recognizing the work of Palestinian, Israeli and international civil society actors,
humanitarian agencies and human rights defenders in documenting and countering violations
of international law and providing relief to affected persons in the Occupied Palestinian
Territory, including East Jerusalem,
Convinced of the need for an international presence to monitor the situation, to
contribute to ending the violence and protecting the Palestinian civilian population and to
help the parties to implement the agreements reached, and stressing the importance of nongovernmental
organizations, which have been instrumental to human rights monitoring,
protection and relief efforts undertaken by the international community, and expressing
concern about the decision taken by Israel to proscribe certain Palestinian non-governmental
organizations,
1. Demands that Israel, the occupying Power, withdraw from the Palestinian
territory occupied since 1967, including East Jerusalem, and stresses that all efforts to end
the Israeli-Palestinian conflict should be grounded in respect for international humanitarian
law and international human rights law and relevant United Nations resolutions;
2. Stresses the imperative of credible, timely and comprehensive accountability
for all violations of international law in order to attain justice for the victims and establish a
just and sustainable peace;
3. Reiterates that all measures and actions taken by Israel, the occupying Power,
in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant
provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time
of War, of 12 August 1949, and contrary to the relevant resolutions of the Security Council
are illegal and have no validity;
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4. Affirms that no State shall recognize as lawful a situation created by a serious
breach by a State of an obligation arising under a peremptory norm of general international
law, nor render aid or assistance in maintaining that situation, and that all States shall
cooperate to bring to an end through lawful means any serious breach;
5. Deplores the persistent non-cooperation of Israel with the special procedures
of the Human Rights Council and other United Nations mechanisms seeking to investigate
alleged violations of international law in the Occupied Palestinian Territory, including East
Jerusalem, and calls for full cooperation with the Council and all its special procedures,
relevant mechanisms and inquiries, and with the Office of the United Nations High
Commissioner for Human Rights;
6. Demands that Israel, the occupying Power, cease all illegal actions in the
Occupied Palestinian Territory, including East Jerusalem, including the establishment and
expansion of settlements; the demolition of privately owned and residential structures
belonging to Palestinians, including punitive home demolitions; the forcible transfer of
Palestinian inhabitants and the revocation of residency permits of Palestinians living in East
Jerusalem through various discriminatory laws; excavations in and around religious and
historic sites; and all other unilateral measures aimed at altering the character, status and
demographic composition of the territory as a whole, all of which have, inter alia, a grave
and detrimental impact on the human rights of the Palestinian people and the prospects for a
just and peaceful settlement;
7. Also demands that Israel, the occupying Power, comply with its legal
obligations under international law, as mentioned in the advisory opinion rendered on 9 July
2004 by the International Court of Justice and demanded by the General Assembly in its
resolutions ES-10/13 of 21 October 2003 and ES-10/15 of 20 July 2004, and that it
immediately cease the construction of the wall in the Occupied Palestinian Territory,
including in and around East Jerusalem, dismantle forthwith the structure situated therein,
repeal or render ineffective all legislative and regulatory acts relating thereto, and make
reparation for all damage caused by the construction of the wall, which has had a grave impact
on the human rights and the socioeconomic living conditions of the Palestinian people;
8. Calls upon Israel to immediately cease any demolitions or plans for
demolitions that would result in the forcible transfer or forced eviction of Palestinians, to
facilitate the return of Palestinian families and communities already subjected to forcible
transfer or eviction to their original dwellings, and to ensure adequate housing and legal
security of tenure;
9. Expresses grave concern at the restrictions imposed by Israel that impede the
access of Christian and Muslim worshippers to holy sites in the Occupied Palestinian
Territory, including East Jerusalem, and calls upon Israel to ensure non-discrimination on
grounds of religion or belief and the preservation of and peaceful access to all religious sites;
10. Urges Israel to ensure that water resource allocation in the Occupied
Palestinian Territory is not discriminatory, which has a broad impact on human rights,
including in the Jordan Valley area, affected by the destruction of the wells of local civilians,
roof water tanks and other water and irrigation facilities under military and settler operation
since 1967;
11. Demands that Israel, the occupying Power, comply fully with international
law, including international humanitarian law and international human rights law, and that it
cease all measures and actions taken in breach of these bodies of law, and discriminatory
legislation, policies and actions in the Occupied Palestinian territory that violate the human
rights of the Palestinian people, including if carried out as collective punishment in violation
of international humanitarian law, and any obstruction of humanitarian assistance and
independent and impartial action of civil society, and that it fully respect international human
rights law and comply with its legal obligations in this regard;
12. Reiterates the need for respect for the territorial unity, contiguity and integrity
of all of the Occupied Palestinian Territory and for guarantees of the freedom of movement
of persons and goods within the Palestinian territory, including movement into and from East
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5
Jerusalem, into and from the Gaza Strip, between the West Bank and the Gaza Strip, and to
and from the outside world;
13. Demands that Israel, the occupying Power, cease immediately its imposition
of prolonged closures and economic and movement restrictions, including those amounting
to a blockade on the Gaza Strip, which severely restricts the freedom of movement of
Palestinians within, into and out of Gaza and their access to basic rights, and which has a
direct impact on livelihoods, economic sustainability and development throughout Gaza, and
in this regard calls upon Israel to implement fully the Agreement on Movement and Access
and the Agreed Principles for the Rafah Crossing in order to allow for the sustained and
regular movement of persons and goods and for the acceleration of long overdue
reconstruction in the Gaza Strip, while taking into account Israeli security concerns;
14. Condemns all acts of violence, including all acts of terror, provocation,
incitement and destruction, including unlawful lethal and other excessive use of force by
Israeli occupying forces against Palestinian civilians, including against civilians with special
protected status under international law and who pose no imminent threat to life;
15. Also condemns the firing of rockets against Israeli civilian areas resulting in
loss of life and injury, and calls for an end to all actions by militants and armed groups
contrary to international law;
16. Calls upon all States to promote compliance with international law and all
High Contracting Parties to the Fourth Geneva Convention to respect and ensure respect for
international humanitarian law in the Occupied Palestinian Territory, including East
Jerusalem, in accordance with article 1 common to the Geneva Conventions, and to fulfil
their obligations under articles 146, 147 and 148 of the Fourth Geneva Convention with
regard to penal sanctions, grave breaches and the responsibilities of the High Contracting
Parties;
17. Urges all States to refrain from transferring arms when, in accordance with
applicable national procedures and international obligations and standards, they assess that
there is a clear risk that such arms might be used to commit or facilitate serious violations or
abuses of international human rights law or serious violations of international humanitarian
law;
18. Reiterates the responsibility of Israel, the occupying Power, to respect the right
to health of all persons within the Occupied Palestinian Territory and to facilitate the
immediate, sustained and unfettered passage of humanitarian relief, including the access of
medical personnel, the entry of humanitarian equipment, transport and supplies to all areas
under occupation, including the Gaza Strip, and the granting of exit permits for patients in
need of medical treatment outside the Gaza Strip, and stresses the need for the unhindered
passage of ambulances at checkpoints, especially in times of conflict;
19. Calls upon Israel, the occupying Power, to comply immediately with its
international law obligations to the protected occupied population, and ensure nondiscriminatory
access to vaccines for immunization against the coronavirus disease (COVID-
19) in the Occupied Palestinian Territory, including East Jerusalem, including in coordination
with the Government of the State of Palestine;
20. Urges Member States to continue to provide emergency assistance, including
humanitarian relief and development assistance, to the Palestinian people to alleviate the
financial crisis and the dire socioeconomic and humanitarian situation, particularly in the
Gaza Strip;
21. Calls for an end to all harassment, threats, intimidation and reprisals against
human rights defenders and civil society actors who peacefully advocate for the rights of the
Palestinian people, including by cooperating with United Nations human rights bodies, calls
for their protection, and underscores the need to investigate all such acts and to ensure
accountability and effective remedies;
22. Calls upon Israel to revoke any unsubstantiated designations of Palestinian
human rights and humanitarian organizations as terrorist or unlawful organizations, and to
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refrain from using anti-terrorism legislation to undermine civil society and its valuable work
and contributions to the pursuit of accountability;
23. Expresses deep concern at the conditions of the Palestinian prisoners and
detainees, including minors, in Israeli jails and detention centres, and at the continued use of
administrative detention, and calls upon Israel to explicitly prohibit torture, including
psychological torture and other cruel, inhuman or degrading treatment or punishment; to fully
respect and abide by its international law obligations towards all Palestinian prisoners and
detainees in its custody, including by ensuring access to medical care and vaccinations,
including in the context of the ongoing pandemic; to implement fully the agreement reached
in May 2012 for a prompt and independent investigation into all cases of death in custody;
and to release immediately all Palestinian prisoners, including Palestinian legislators,
detained in violation of international law;
24. Demands that Israel cease its policy of transferring prisoners from the
Occupied Palestinian Territory into the territory of Israel, and respect fully its obligations
under article 76 of the Fourth Geneva Convention;
25. Urges Israel to ensure that any arrest, detention and/or trial of Palestinian
children is in line with the Convention on the Rights of the Child, including by refraining
from holding criminal proceedings against them in military courts that, by definition, fall
short of providing the necessary guarantees to ensure respect for their rights and that infringe
upon their right to non-discrimination;
26. Emphasizes the need to ensure that all those responsible for violations of
international humanitarian law and international human rights law are held to account
through appropriate, fair and independent national or international criminal justice
mechanisms, and to ensure the provision of an effective remedy for all victims, including full
reparations, and stresses the need to pursue practical steps towards these goals to ensure
justice for all victims and to contribute to the prevention of future violations;
27. Requests the United Nations High Commissioner for Human Rights to end the
reporting on the implementation of Human Rights Council resolutions S-9/1 of 12 January
2009 and S-12/1 of 16 October 2009;
28. Also requests the United Nations High Commissioner for Human Rights to
report on the implementation of the present resolution to the Human Rights Council at its
fifty-second session, to be followed by an interactive dialogue;
29. Decides to remain seized of the matter.
55th meeting
31 March 2022
[Adopted by a recorded vote of 37 to 3, with 7 abstentions. The voting was as follows:
In favour:
Argentina, Armenia, Benin, Bolivia (Plurinational State of), China, Côte
d’Ivoire, Cuba, Eritrea, Finland, France, Gabon, Gambia, Germany, Indonesia,
Japan, Kazakhstan, Libya, Lithuania, Luxembourg, Malaysia, Mauritania,
Mexico, Montenegro, Namibia, Netherlands, Pakistan, Paraguay, Poland,
Qatar, Republic of Korea, Russian Federation, Senegal, Somalia, Sudan,
United Arab Emirates, Uzbekistan, Venezuela (Bolivarian Republic of)
Against: Brazil, Malawi, United States of America
Abstaining:
Cameroon, Honduras, India, Marshall Islands, Nepal, Ukraine, United
Kingdom of Great Britain and Northern Ireland]
HP EXHIBIT 198
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GE.23-06845(E)
Human Rights Council
Fifty-second session
27 February–4 April 2023
Agenda item 2
Annual report of the United Nations High Commissioner
for Human Rights and reports of the Office of the
High Commissioner and the Secretary-General
Resolution adopted by the Human Rights Council
on 3 April 2023
52/3. Human rights situation in the Occupied Palestinian Territory, including
East Jerusalem, and the obligation to ensure accountability and justice
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Recalling the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, the International Covenant on Economic, Social and Cultural
Rights and all relevant conventions, and affirming that these human rights instruments,
among others, are applicable to and must be respected in the Occupied Palestinian Territory,
including East Jerusalem,
Recalling also the relevant rules and principles of international law, including
international humanitarian law, in particular the Geneva Convention relative to the Protection
of Civilian Persons in Time of War, of 12 August 1949 (the Fourth Geneva Convention),
which is applicable to the Occupied Palestinian Territory, including East Jerusalem,
Recalling further the statement of 15 July 1999 and the declarations adopted on 5
December 2001 and 17 December 2014 at the Conference of High Contracting Parties to the
Fourth Geneva Convention on measures to enforce the Convention in the Occupied
Palestinian Territory, including East Jerusalem,
Recalling relevant resolutions of the Human Rights Council, the General Assembly
and the Security Council,
Recalling also relevant United Nations reports, including the outcome reports of factfinding
missions and commissions of inquiry, and the important recommendations made
therein, and calling upon all duty bearers and United Nations bodies to pursue the
implementation of those recommendations,
Stressing the urgency of achieving without delay an end to the Israeli occupation that
began in 1967,
Affirming the obligation of all parties to respect international humanitarian law and
international human rights law,
Emphasizing the obligation of States to investigate and prosecute grave breaches of
the Geneva Conventions of 1949 and other serious violations of international humanitarian
United Nations A/HRC/RES//52/3
General Assembly Distr.: General
13 April 2023
Original: English
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2
law, to end impunity, to uphold their obligations to ensure respect and to promote
international accountability,
Regretting the lack of progress made in the conduct of domestic investigations in
accordance with international law standards, and aware of the existence of numerous legal,
procedural and practical obstacles in the Israeli and Palestinian civil and criminal legal
systems contributing to the denial of access to justice for Palestinian victims and of their right
to an effective judicial remedy,
Noting the accession by the State of Palestine to several human rights treaties and the
core humanitarian law conventions, and its accession on 2 January 2015 to the Rome Statute
of the International Criminal Court,
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of
Justice on the legal consequences of the construction of a wall in the Occupied Palestinian
Territory,
Noting in particular the Court’s reply, including that the construction of the wall being
built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and
around East Jerusalem, and its associated regime are contrary to international law,
Reaffirming the principle of the inadmissibility of the acquisition of territory by force
and the prohibition on discrimination, and deeply concerned at the fragmentation of the
Occupied Palestinian Territory, including East Jerusalem, through settlement activities and
other measures that are tantamount to de facto annexation of Palestinian land,
Gravely concerned that long-standing impunity for international law violations has
allowed for the recurrence of grave breaches and serious violations without consequence, and
stressing the need to ensure accountability for all violations of international humanitarian law
and international human rights law in order to end impunity, ensure the access of victims to
justice and effective remedies, deter further violations, protect civilians and promote peace,
Expressing grave concern at reports of serious human rights violations and grave
breaches of international humanitarian law, including of possible war crimes and crimes
against humanity, in the Occupied Palestinian Territory, including East Jerusalem, and all
other actions designed to change the legal status, geographical character and demographic
composition of the Occupied Palestinian Territory, including East Jerusalem,
Deploring the continuing and negative consequences of the conflicts in and around
the Gaza Strip, including all casualties, particularly among Palestinian civilians, including
children, and ongoing violations of international law, and calling for full respect for
international humanitarian and human rights law and for the principles of legality, distinction,
precaution and proportionality,
Gravely concerned about the dire humanitarian, socioeconomic and security situation
in the Gaza Strip, including that resulting from the prolonged closures and severe economic
impediments and movement restrictions that in effect amount to a blockade, and about the
short- and long-term detrimental impact of this situation, and the widespread destruction and
continued impediments to the construction and reconstruction process imposed by Israel, the
occupying Power, on the human rights situation,
Expressing grave concern at the firing of rockets into Israel,
Stressing the need to end immediately the closure of the Gaza Strip and for the full
implementation of the Agreement on Movement and Access and the Agreed Principles for
the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement of the
Palestinian civilian population within and into and out of the Gaza Strip, while taking into
account Israeli security concerns,
Stressing also the need to end the Israeli policy of closures and the imposition of
severe restrictions and checkpoints, several of which have been transformed into structures
akin to permanent border crossings, other physical obstacles and a permit regime, which are
applied in a discriminatory manner affecting the Palestinian population only and all of which
obstruct the freedom of movement of persons and goods, including medical and humanitarian
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3
goods, throughout the Occupied Palestinian Territory, including East Jerusalem, and impair
the Territory’s contiguity, violating the human rights of the Palestinian people,
Stressing further the need for all parties, in conformity with relevant provisions of
international humanitarian law, to cooperate fully with the United Nations and other
humanitarian agencies and organizations and to ensure the rapid and unhindered access of
humanitarian personnel, and the delivery of supplies and equipment, in order to allow such
personnel to perform efficiently their task of assisting affected civilian populations, including
refugees and internally displaced persons,
Deploring all policies and practices whereby Israeli settlers who reside illegally in the
Occupied Palestinian Territory, including East Jerusalem, are accorded preferential treatment
over the Palestinian population, and deploring also the widespread violations of the human
rights of Palestinian civilians, including as a result of recurrent and escalating settler attacks,
Expressing deep concern that thousands of Palestinians, including many children,
women, elected members of the Palestinian Legislative Council and human rights defenders,
continue to be detained, including under terms of administrative detention with limited or no
judicial recourse, and held in Israeli prisons or detention centres under harsh conditions,
including unhygienic conditions, solitary confinement, restricted access to proper medical
care, including in a time of pandemic, denial of family visits and denial of due process, that
impair their well-being, and expressing deep concern also at the ill-treatment and harassment
of Palestinian prisoners and all reports of inhumane treatment and torture,
Recalling the United Nations Standard Minimum Rules for the Treatment of Prisoners
(the Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women
Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), and
calling for respect for those rules,
Recalling also the prohibition under international humanitarian law of individual and
mass forcible transfers, and of the deportation of protected persons, from occupied territory,
and the prohibition of deportation or transfer by the occupying Power of parts of its own
civilian population into the territory it occupies,
Deploring the practice of withholding the bodies of those killed, and calling for the
release of the bodies that have not yet been returned to their relatives, in accordance with
international humanitarian law and international human rights law,
Recognizing the work of Palestinian, Israeli and international civil society actors,
humanitarian agencies and human rights defenders in documenting and countering violations
of international law and providing relief to affected persons in the Occupied Palestinian
Territory, including East Jerusalem,
Convinced of the need for an international presence to monitor the situation, to
contribute to ending the violence and protecting the Palestinian civilian population and to
help the parties to implement the agreements reached, and stressing the importance of nongovernmental
organizations, which have been instrumental to human rights monitoring,
protection and relief efforts undertaken by the international community, and expressing
concern about the decision taken by Israel to proscribe certain Palestinian non-governmental
organizations,
1. Demands that Israel, the occupying Power, end its occupation of the
Palestinian territory occupied since 1967, including East Jerusalem, and stresses that all
efforts to end the Israeli-Palestinian conflict should be grounded in respect for international
humanitarian law and international human rights law and relevant United Nations
resolutions;
2. Stresses the imperative of credible, timely and comprehensive accountability
for all violations of international law in order to attain justice for the victims and establish a
just and sustainable peace;
3. Expresses grave concern regarding the decision of the Government of Israel to
impose punitive measures on the Palestinian people, leadership and civil society following
the adoption by the General Assembly of its resolution 77/247 of 30 December 2022;
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4. Reiterates that all measures and actions taken by Israel, the occupying Power,
in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant
provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time
of War, of 12 August 1949, and contrary to the relevant resolutions of the Security Council
are illegal and have no validity;
5. Affirms that no State shall recognize as lawful a situation created by a serious
breach by a State of an obligation arising under a peremptory norm of general international
law, nor render aid or assistance in maintaining that situation, and that all States shall
cooperate to bring to an end through lawful means any serious breach;
6. Deplores the persistent non-cooperation of Israel with the special procedures
of the Human Rights Council and other United Nations mechanisms seeking to investigate
alleged violations of international law in the Occupied Palestinian Territory, including East
Jerusalem, and calls for full cooperation with the Council and all its special procedures,
relevant mechanisms and inquiries, and with the Office of the United Nations High
Commissioner for Human Rights;
7. Demands that Israel, the occupying Power, cease all illegal actions in the
Occupied Palestinian Territory, including East Jerusalem, including the establishment and
expansion of settlements; the demolition of privately owned and residential structures
belonging to Palestinians, including punitive home demolitions; the forcible transfer of
Palestinian inhabitants and the revocation of residency permits of Palestinians living in East
Jerusalem through various discriminatory laws; excavations in and around religious and
historic sites; and all other unilateral measures aimed at altering the character, status and
demographic composition of the territory as a whole, all of which have, inter alia, a grave
and detrimental impact on the human rights of the Palestinian people and the prospects for a
just and peaceful settlement;
8. Also demands that Israel, the occupying Power, comply with its legal
obligations under international law, as mentioned in the advisory opinion rendered on 9 July
2004 by the International Court of Justice and demanded by the General Assembly in its
resolutions ES-10/13 of 21 October 2003 and ES-10/15 of 20 July 2004, and that it
immediately cease the construction of the wall in the Occupied Palestinian Territory,
including in and around East Jerusalem, dismantle forthwith the structure situated therein,
repeal or render ineffective all legislative and regulatory acts relating thereto, and make
reparation for all damage caused by the construction of the wall, which has had a grave impact
on the human rights and the socioeconomic living conditions of the Palestinian people;
9. Calls upon Israel to immediately cease any demolitions or plans for
demolitions that would result in the forcible transfer or forced eviction of Palestinians, to
facilitate the return of Palestinian families and communities already subjected to forcible
transfer or eviction to their original dwellings, and to ensure adequate housing and legal
security of tenure;
10. Expresses grave concern at the restrictions imposed by Israel that impede the
access of Christian and Muslim worshippers to holy sites in the Occupied Palestinian
Territory, including East Jerusalem, and calls upon Israel to ensure non-discrimination on
grounds of religion or belief and the preservation of and peaceful access to all religious sites;
11. Urges Israel to ensure that water resource allocation in the Occupied
Palestinian Territory is not discriminatory, which has a broad impact on human rights,
including in the Jordan Valley area, affected by the destruction of the wells of local civilians,
roof water tanks and other water and irrigation facilities under military and settler operation
since 1967;
12. Demands that Israel, the occupying Power, comply fully with international
law, including international humanitarian law and international human rights law, and that it
cease all measures and actions taken in breach of these bodies of law, and discriminatory
legislation, policies and actions in the Occupied Palestinian territory that violate the human
rights of the Palestinian people, including if carried out as collective punishment in violation
of international humanitarian law, and any obstruction of humanitarian assistance and
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independent and impartial action of civil society, and that it fully respect international human
rights law and comply with its legal obligations in this regard;
13. Reiterates the need for respect for the territorial unity, contiguity and integrity
of all of the Occupied Palestinian Territory and for guarantees of the freedom of movement
of persons and goods within the Palestinian territory, including movement into and from East
Jerusalem, into and from the Gaza Strip, between the West Bank and the Gaza Strip, and to
and from the outside world;
14. Demands that Israel, the occupying Power, cease immediately its imposition
of prolonged closures and economic and movement restrictions, including those amounting
to a blockade on the Gaza Strip, which severely restricts the freedom of movement of
Palestinians within, into and out of Gaza and their access to basic rights, and which has a
direct impact on livelihoods, economic sustainability and development throughout Gaza, and
in this regard calls upon Israel to implement fully the Agreement on Movement and Access
and the Agreed Principles for the Rafah Crossing in order to allow for the sustained and
regular movement of persons and goods and for the acceleration of long overdue
reconstruction in the Gaza Strip, while taking into account Israeli security concerns;
15. Condemns all acts of violence, including all acts of terror, provocation,
incitement and destruction, including unlawful lethal and other excessive use of force by
Israeli occupying forces against Palestinian civilians, including against civilians with special
protected status under international law and who pose no imminent threat to life;
16. Also condemns the firing of rockets against Israeli civilian areas resulting in
loss of life and injury, and calls for an end to all actions by militants and armed groups
contrary to international law;
17. Calls upon all States to promote compliance with international law and all
High Contracting Parties to the Fourth Geneva Convention to respect and ensure respect for
international humanitarian law in the Occupied Palestinian Territory, including East
Jerusalem, in accordance with article 1 common to the Geneva Conventions, and to fulfil
their obligations under articles 146, 147 and 148 of the Fourth Geneva Convention with
regard to penal sanctions, grave breaches and the responsibilities of the High Contracting
Parties;
18. Urges all States to refrain from transferring arms when, in accordance with
applicable national procedures and international obligations and standards, they assess that
there is a clear risk that such arms might be used to commit or facilitate serious violations or
abuses of international human rights law or serious violations of international humanitarian
law;
19. Reiterates the responsibility of Israel, the occupying Power, to respect the right
to health of all persons within the Occupied Palestinian Territory and to facilitate the
immediate, sustained and unfettered passage of humanitarian relief, including the access of
medical personnel, the entry of humanitarian equipment, transport and supplies to all areas
under occupation, including the Gaza Strip, and the granting of exit permits for patients in
need of medical treatment outside the Gaza Strip, and stresses the need for the unhindered
passage of ambulances at checkpoints, especially in times of conflict;
20. Urges Member States to continue to provide emergency assistance, including
humanitarian relief and development assistance, to the Palestinian people to alleviate the
financial crisis and the dire socioeconomic and humanitarian situation, particularly in the
Gaza Strip;
21. Calls for an end to all ongoing policies of harassment, threats, intimidation and
reprisals against human rights defenders, journalists, media workers and civil society actors
who peacefully advocate for the rights of the Palestinian people, including by cooperating
with United Nations human rights bodies, calls for their protection, and underscores the need
to investigate all such acts and to ensure accountability and effective remedies;
22. Calls upon Israel to revoke any unsubstantiated designations of Palestinian
human rights and humanitarian organizations as terrorist or unlawful organizations, and to
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refrain from using anti-terrorism legislation to undermine civil society and its valuable work
and contributions to the pursuit of accountability;
23. Expresses deep concern at the conditions of the Palestinian prisoners and
detainees, including minors, in Israeli jails and detention centres, and at the continued use of
administrative detention, and calls upon Israel to explicitly prohibit torture, including
psychological torture and other cruel, inhuman or degrading treatment or punishment; to fully
respect and abide by its international law obligations towards all Palestinian prisoners and
detainees in its custody, including by ensuring access to medical care and vaccinations,
including in the context of the ongoing pandemic; to implement fully the agreement reached
in May 2012 for a prompt and independent investigation into all cases of death in custody;
and to release immediately all Palestinian prisoners, including Palestinian legislators,
detained in violation of international law;
24. Demands that Israel cease its policy of transferring prisoners from the
Occupied Palestinian Territory into the territory of Israel, and respect fully its obligations
under article 76 of the Fourth Geneva Convention;
25. Urges Israel to ensure that any arrest, detention and/or trial of Palestinian
children is in line with the Convention on the Rights of the Child, including by refraining
from holding criminal proceedings against them in military courts that, by definition, fall
short of providing the necessary guarantees to ensure respect for their rights and that infringe
upon their right to non-discrimination;
26. Emphasizes the need to ensure that all those responsible for violations of
international humanitarian law and international human rights law are held to account
through appropriate, fair and independent national or international criminal justice
mechanisms, and to ensure the provision of an effective remedy for all victims, including full
reparations, and stresses the need to pursue practical steps towards these goals to ensure
justice for all victims and to contribute to the prevention of future violations;
27. Requests the United Nations High Commissioner for Human Rights to report
on the implementation of the present resolution to the Human Rights Council at its fifty-fifth
session, to be followed by an interactive dialogue;
28. Decides to remain seized of the matter.
55th meeting
3 April 2023
[Adopted by a recorded vote of 38 to 2, with 7 abstentions. The voting was as follows:
In favour:
Algeria, Argentina, Bangladesh, Belgium, Benin, Bolivia (Plurinational State
of), Chile, China, Costa Rica, Côte d’Ivoire, Cuba, Eritrea, Finland, France,
Gabon, Gambia, Germany, Honduras, Kazakhstan, Kyrgyzstan, Lithuania,
Luxembourg, Malaysia, Maldives, Mexico, Montenegro, Morocco, Pakistan,
Paraguay, Qatar, Romania, Senegal, Somalia, South Africa, Sudan, United
Arab Emirates, Uzbekistan and Viet Nam
Against:
Malawi and United States of America
Abstaining:
Cameroon, Czechia, Georgia, India, Nepal, Ukraine and United Kingdom of
Great Britain and Northern Ireland]
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Cultural heritage of Jerusalem – UNESCO Director-
General report
ex
Hundred-and-twentieth Session
120 EX/14
PARIS, 27 August 1981
Original: English/French
Item 5.3.1 of the provisional agenda
JERUSALEM AND THE IMPLEMENTATION OF 22 C/RESOLUTION 11.8
SUMMARY
In resolution 11.8 adopted at its twenty-second session, the
General Conference requested the Director-General to
keep the Executive Board informed of developments in the
situation regarding cultural property in Jerusalem. In this
document the Director-General submits to the Executive
Board the information relating to the cultural heritage of
Jerusalem available to him at 10 August 1984.
I. INTRODUCTION
1. At its twenty-second session, the General Conference considered the Director-General’s report on ‘Jerusalem
and the application of 21 C/Resolution 4/14’ (documents 22 C/90 and 22 C/90 Add.) and adopted resolution 11.8,
the text of which is annexed hereto. In the operative part of that resolution the General Conference:
‘1. Reaffirms the previous resolutions and decisions of the General Conference and the Executive Board
concerning cultural property in Jerusalem;
2. Endorses decision 5.4.1 adopted by the Executive Board at its 116th session;
3. Strongly condemns Israel’s persistent refusal to abide by those resolutions and decisions, and its policy of
 Welcome to the United Nations
 
عربي 中文 English Français Русский Español
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judaization and annexation of the City of Jerusalem;
4. Invites the Member States of Unesco to undertake all necessary action, by such means as they may deem
appropriate, to put an end to this situation;
5. Thanks the World Heritage Committee for its decision to include the Old City of Jerusalem and its walls
on the List of World Heritage in Danger and invites it to continue its activities for the protection and safe
guarding of cultural property in the city;
6. Thanks the Director-General for the continued efforts he has made to ensure implementation of the
relevant resolutions and decisions, while maintaining Unesco’s presence in the city;
7. Requests the Director-General to keep the Executive Board informed of developments in the situation;
8. Decides to include this question in the agenda of its twenty-third session.
II. COMMUNICATIONS RECEIVED BY THE DIRECTOR-GENERAL CONCERNING JERUSALEM
2. On 31 January 1984 the Director-General received a cable from the Director- General of the Arab
Educational, Cultural and Scientific Organization (ALECSO), informing him of an incident that occurred during
the night of 26-27 January 1984 in the Haram al-Sharif enclosure. The text of that cable, which was transmitted
by the Secretariat to the Permanent Delegate of Israel to Unesco in a letter dated 16 March 1984, with a request
for his government’s comments, is reproduced below:
‘During the night of Friday, 27 January, a group of thugs, attempted to make their way on to the holy terrace
of the hallowed sanctuary of Islam, the Haram al-Sharif in el Qods (Jerusalem), to plant grenades and
explosives. Had it not been for the vigilance of the nightwatchmen, this dastardly attack would have
succeeded … The reactions of international public opinion and the justifiable indignation of the Muslim and
Christian religious authorities, obliged the occupation forces to hold an inquiry and to acknowledge, on 30
January, as reported by Reuter’s: firstly, that once the alarm had been raised, the group fled, leaving behind
nineteen grenades and thirteen kilos of explosives, as well as ladders and ropes; secondly, that, according to
the police, the grenades came from stores belonging to the Israeli army and that, according to the Mosque
guards, the criminals were armed with Uzi machine—guns which form part of the Israeli army’s standard
equipment. All these undisputed facts therefore confirm, if confirmation were needed, that el Qods
(Jerusalem) is in constant danger … It is now clear that while the inclusion of el Qods on the “List of World
Heritage in Danger” is a necessary measure, it is no longer enough; it is now in fact the duty of Unesco’s
Member States to give more vigorous support to the work being done by the Organization’s Director-General
for the safeguarding of cultural property in the Holy City and to act in unison to ensure that the resolutions
adopted by the General Conference are put into effect and that an intolerable situation is ended.
I should therefore be most grateful if you would kindly keep the Executive Board informed of
developments in the situation in el Qods following this criminal attempt and would duly inform the Member
States of our deep concern and our appeal to their solidarity.
Please accept, Sir, the assurances of my highest consideration and regard.’
3. On 8 February 1984, the Director-General received, through the Permanent Delegate of Jordan to Unesco, a
communication from the Minister of Foreign Affairs of Jordan, concerning the above-mentioned incident. This
communication was transmitted by the Secretariat to the Permanent Delegate of Israel to Unesco under cover of a
letter dated 15 March 1984, accompanied by a request for his government’s comments. The text of the
communication is reproduced below:
‘To His Excellency the Ambassador of Jordan in Paris:
I shall be grateful if you will kindly communicate the following information to the Director-General of
Unesco. On 26 January 1984, a considerable quantity of explosives was discovered inside the Haram al-
Sharif. Immediately after this discovery, the Muslim guards of the Haram reported that they had seen a group
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of people fleeing as soon as their plot was discovered, leaving the said explosives behind. Concordant
accounts indicate that the explosives were intended to blow up the Dome of the Rock the following morning
when the faithful would be at prayer. The Israeli newspapers published detailed information showing that the
explosives were identical with those used by the Israeli army and that the assailants escaped, once they had
been discovered, in an Israeli military vehicle that was awaiting them.
The Government of the Hashemite Kingdom of Jordan would like to draw your attention to the fact that
this plot continues the series of acts perpetrated by the Israeli authorities since 1967, the date of the occupation
of el-Qods (Jerusalem), in order to profane, damage and destroy Muslim monuments in particular, but also the
Christian holy places. Jordan has supplied detailed information, at the appropriate times, about the violations
of holy places, beginning with the excavations, the fire at the Al-Aqsa Mosque in 1969, and the previous
attempts against the buildings of the Mosque and the faithful at prayer, particularly those carried out last year
by a soldier of the Israeli army and the followers of Rabbi Meir Kahane.
The Government of Jordan emphasizes the fact that the holy places have been damaged and attacked only
since the Israeli occupation, that is to say, since 1967. We cannot regard the constant assaults carried out by
the Israeli authorities as unrelated to the plans for effacing any Arabo-Islamic traces from the town, since the
time when they annexed it in defiance of all the resolutions adopted by the United Nations. We hold the Israeli
occupation authorities responsible for all these happenings and call upon the international community to
dismiss Israel’s attempts to place the blame on groups or individuals that it describes as extremist or mentally
retarded. We must also stress that the absence of any effective international reaction would enable Israel to
persist in its plans and would help to prepare the ground for Israel to carry out its plans in future.
The Government of Jordan would like to draw attention to the fact that the stepping up of assaults on the
holy places of el-Qods, and their vicious ness and brutality, pose a threat to those places. The international
community must recognize the seriousness of Israel’s machinations and take effective steps, worldwide,
without further delay, to thwart them.
Accept, Sir …
Minister of Foreign Affairs’
4. The Director-General has received a letter dated 29 February 1984, in which the Permanent Delegate of
Saudi Arabia, on behalf of the Arab Group, drew his attention to the incident which occurred in the Haram al-
Sharif. This letter was communicated by the Secretariat to the Permanent Delegate of Israel to Unesco on 4 April
1984, with a request for his government’s comments. The text of the letter was as follows:
‘Paris, 29 February 1984
Sir,
On behalf of the Arab Group at Unesco which has instructed me to do so, I have the honour to bring to
your notice the special situation of the Al-Aqsa Mosque in Jerusalem resulting from an attempt to blow it up.
During the night of 27 January 1984, a group of thugs tried to make their ways into the sanctuary of the
Haram al-Sharif in order to blow it up while the faithful were at their dawn prayers.
Thanks to the vigilance of the night watchmen, this criminal attempt, which would have led to a terrible
disaster, was foiled in the nick of time.
The perpetrators of this dastardly attempted crime, who were seen fleeing by several witnesses, left behind
on the terrace of the sanctuary nineteen grenades, thirteen kilos of explosives, ladders and ropes.
As the police of the Israeli occupying authorities actually admit, these explosives came from an Israeli
army arms store.
Moreover, according to the Mosque guards, the assailants were armed with Uzi machine guns, which form
part of the Israeli army’s standard equipment.
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This criminal attempt follows the pattern of concerted action, methodically developed since 1967,
designed to efface all trace of Islam from the city of el Qods, especially the Al-Aqsa Mosque.
It continues a series of criminal acts already perpetrated., including the burning of part of the Mosque in
1979 and the attack on it, and on worshippers in it, committed in 1982 by an Israeli soldier.
All these acts confirm, if confirmation were still needed, that the city of el Qods in general and its Muslim
and Christian cultural and religious historical monuments in particular, are in danger and that, unless energetic
measures are taken by the international community, and by Unesco in particulars the criminal goal pursued
will inevitably be finally achieved sooner or later.
The inclusion of the city of Jerusalem on the World Heritage List is not enough by itself, to thwart these
plans and remove this danger, for which the occupying Israeli authorities bear full responsibility.
Referring to the relevant resolutions of the General Conference on this subject, and in particular to 22
C/Resolution 11.8, I have the honour to request you to:
1. Inform the Member States of Unesco of this situation.
2. Have any necessary inquiries and investigations carried out.
3. Bring this matter before the Executive Board at one of its forthcoming sessions so that it may take the
appropriate measures required by the gravity of this situation.
I should be grateful if you would inform me of the action which you in tend to take on this request.
Accept, Sir, the assurances of my highest consideration.
S. Bawazeer
Permanent Delegate of Saudi Arabia
President’
5. Furthermore, the Ministry of Education and the National Commission for Education, Culture and Science of
Jordan have sent a memorandum to the Director-General on this incident. The text of this memorandum, which
the Director-General received on 12 March 1984, is reproduced below:
‘The Ministry of Education (Jordan National Commission for Education, Culture and Science) denounces
the criminal attack of Israeli’s grenades on Al-Aqsa Mosque on 26 January 1984.
The attempt which is not the first incident of Israeli plans in an intention of carrying out measures aiming
at the judaization of the occupied Arab territories and the obliteration of the Islamic and Christian holy sites
(is) in defiance of United Nations’ resolutions and in total disrespect of world public opinion.
Noting the danger inherent in such series of violations and attacks on the holy places which started with
1969 burning of the Al-Aqsa Mosque and continued by the ongoing excavations of the Islamic historical
monuments and ending with this last attempt of bombing the holy shrines which re-emphasizes the Israeli
plots and its consequent challenges to the Islamic and the inter national communities where a big quantity of
explosives were discovered at Al-Aqsa Mosque manufactured by Israeli army which notifies that the Israeli
Government and army were co-operating in this conspiracy.
The Ministry of Education (Jordan National Commission for Education, Culture and Science) appeals to
Unesco to shoulder its responsibilities referred to in its resolutions and to implement its commit towards one
of the important historical sites included on the List of World Heritage in Danger by continuing its activities
for the protection and safeguarding (of) the cultural property of the city.’
6. The Director-General has received from the Permanent Delegate of Israel to Unesco a communication, dated
2 May 1984, referring to the letter sent to the Director-General on 29 February 1984 by the Permanent Delegate
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of Saudi Arabia on behalf of the Arab Group. This communication reads as follows:
‘Paris, 2 May 1984
Sir,
I have received a copy of the letter dated 29 February 1984 from the Permanent Delegate of Saudi Arabia,
transmitted according to your instructions under cover of letter No. CLT/CH/01/308/18 of 4 April 1984.
With regard to this communication, we should like to make the following comments:
Following the attempt to invade the Temple Mount, the competent authorities of the Government of Israel
immediately started an extensive investigation. Suspects were arrested a few days later and the indictment was
duly submitted to the courts.
According to the information available to date, the persons involved were a small group of religious
extremists.
As the matter is at present ‘sub judice’, the court’s decision must be awaited and I shall certainly inform
you of the progress of this case and of the verdict when it is returned.
Accept, Sir, the assurances of my highest consideration.
Meir SHAMIR
Minister Plenipotentiary
Permanent Delegate of Israel’
7. The Communication of 2 May 1984 from the Permanent Delegate of Israel to Unesco was transmitted on 5
June 1984 by the Secretariat to the Chairman of the Arab Group, the Permanent Delegate of Saudi Arabia.
8. The Permanent Delegate of Jordan to Unesco also addressed to the Director-General, by letter dated 1 June
1984, a note from the Ministry of Foreign Affairs of Jordan dated 19 May 1984 informing him of a subsidence
which occurred on 26 March 1984 in the steps leading to the entrance to the Higher Islamic Council, located in
the vicinity of the Al-Aqsa Mosque in Jerusalem. The texts of this letter and note were transmitted by the
Secretariat to the Permanent Delegate of Israel to Unesco under cover of a letter dated 27 July 1984 requesting
the observations of her government, and are reproduced below:
‘1 June 1984
Mr Director-General,
His Excellency the Minister of Foreign Affairs of Jordan has informed me of a subsidence which occurred
on 26 March 1984 in the steps leading to the entrance to the Higher Islamic Council, located in the vicinity of
the Al-Aqsa Mosque in the city of Jerusalem. According to the architects’ reports, this subsidence is due to the
excavations being carried out under the direction of the Israeli authorities in the general area of the Al-Aqsa
Mosque and the Al-Haram al-Sharif, as indicated in the attached note.
The Jordanian Minister of Foreign Affairs and the Minister of Education and Chairman of the National
Commission of Jordan for Unesco have kept you informed of these aggressive acts perpetrated with the full
knowledge of the Israeli authorities and under their auspices, endangering the integrity of the monuments,
property and holy places of Jerusalem and threatening them with destruction. These measures are part of an
uninterrupted series of aggressive actions, the last of which took place on 26 January 1984 when a group of
Israelis planted explosives obtained from the Israeli armed forces with a view to destroying the Al-Aqsa
Mosque. On behalf of the Government of the Hashemite Kingdom of Jordan, I submit this complaint in the
hope that Unesco and its subsidiary bodies will take appropriate measures to put an end to the repeated acts of
aggression committed by Israel against the religious and archaelogical monuments of the city of Jerusalem
and to ensure the protection of these monuments, particularly since the World Heritage Committee has placed
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the Old City of Jerusalem and its remains on the List of the World Heritage in Danger.
Please accept, Mr Director—General, the assurances of my highest consideration.
Hani Al-Khasawneh
Ambassador, Permanent
Delegate to Unesco
Note from the Jordanian Ministry of Foreign Affairs
(19 May 1984)
On 26 March 1984 a subsidence took place in the stairs leading to the entrance to the Higher Islamic
Council in the vicinity of the Al-Aqsa Mosque. A hole three metres long, two metres wide and over ten metres
deep appeared, revealing a long tunnel dug by the Israeli Department of Antiquities parallel to the outside
western wall of the Al-Aqsa Mosque. This tunnel runs from the Al-Maghariba Gate past the Chain Gate, the
Cotton Market and the Iron Gate to the Gate of the Higher Islamic Council (also known as Al-Madrasa Al
Manjaqiyya Gate), which houses the Waqf administration.
The digging of this tunnel caused the destruction of four steps and the appearance of cracks in the outside
and inside walls of the Council building.
Mr Adnan Al-Hussaini, architect of the Waqf, has established that this subsidence was caused by the
excavations carried out under the auspices of the Israeli Ministries of the Interior and Religious Affairs in the
search for what are described as the remains of the northern part of the Wailing Wall.
He stated that these excavations are endangering not only the Waqf administration buildings but also all
the historic Islamic monuments situated along the ramparts and within the area of the Haram al-Sharif. In
effect, earth has been removed during these excavations and this has weakened the foundations which can no
longer support the buildings above them. Cracks will gradually appear, threatening the buildings with total
collapse.
In its issue of 30 March 1984, the newspaper Al-Sha’b reproduced an item published by the newspaper
Haaretz in which Mr Moshé Zakulowitch, director of the Holy Places Division of the Israeli Ministry of
Religious Affairs, stated that the excavations would be continued and would be extended to the northern part
of the Haram and the courtyards of the Al-Aqsa Mosque, which are located between Al-Ghawanima Gate and
the Tribes’ Gate. The present digs are an extension of the excavations begun by the Israeli authorities in 1967
and extended first to the southern and then to the western parts of the Al-Aqsa Mosque.
This statement shows once again that the Israeli occupying authorities refuse to take into consideration the
disastrous consequences of the excavations in contempt of all the decisions taken by international bodies,
particularly the Security Council and Unesco. Despite the efforts of the Islamic organizations of Jerusalem to
repair the cracks which have begun to appear in most of the historic Islamic monuments around the Al-Aqsa
Mosque, due to the continuation of the Israeli excavations, the collapse of these monuments appears to be
imminent. Accordingly, a global plan needs to be drawn up for the strengthening of these monuments and the
repair of the cracks which have begun to appear, and the excavations must be halted at once.’
III. MISSION OF THE PERSONAL REPRESENTATIVE OF THE DIRECTOR-GENERAL
9. In pursuance of 22 C/Resolution 11.8, the Director-General instructed his personal representative, Mr
Raymond Lemaire, Professor at the University of Louvain, to visit Jerusalem, which he did from 21 to 27 July
1984. Following his mission, which was carried out after consultation with the Government of Israel, Professor
Lemaire delivered to the Director-General his report, which is reproduced in full below:
‘1. Purpose of the mission: to examine the cultural heritage in Jerusalem. The contents of this report refer
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back to the earlier general report dated 6 May 1983.
2. Persons met:
Israeli:
– Mr P. Eliav, Deputy Director-General of the Ministry of Foreign Affairs;
– Mr U. Manor, Deputy Director of the Human Rights Department of the Ministry of Foreign Affairs;
– Mrs A.M. Lambert-Finckler, Ambassador, former Director of the Human Rights Department of the
Ministry of Foreign Affairs;
– Mrs Vered, Adviser for Jerusalem to the Minister of Foreign Affairs;
– Mr Minerbi, Inspector-General, Ministry of Foreign Affairs;
– Mr Gabai, Director-General of the Ministry of Justice;
– Mr U. Hasson, Deputy Attorney-General;
– Mr T. Kollek, Mayor of Jerusalem;
– Mr S. Ovnat, Deputy Mayor of Jerusalem;
– Mr M. Zylka, Adviser to the Mayor of Jerusalem;
– Mr Y. Yaacobi, Director of the Jerusalem Development Company;
– Mr N. Kidron, Engineering Adviser to the Ministry of Religious Affairs;
– Mr D. Bahat, Chief Archaeologist of the City of Jerusalem;
– Mr N. Avigad, Professor at the Hebrew University;
– Mr Y. Shilo, Professor at the Hebrew University;
– Mr P. Bugod, architect;
– Mr D. Cassouto, architect;
– Mr Rachmaninov, architect;
Arab:
– Mr F. Hazine, Director of the Waqf in Jerusalem;
– Mr Y. Natsheh, Director of the Department of Islamic Archaeology;
– Mr Y. Awad, Resident Architect of the Al-Aqsa Restoration Committee;
– Mr A. Husseini, architect of the Waqf;
– Mr K. Salameh, Director of the Al-Aqsa Library;
Except for the attempted attack on the Haram al-Sharif, few new problems have arisen as regards the
safeguarding of the architectural heritage of Jerusalem since my last visit from 13 to 16 October 1983. A
number of questions raised in the previous reports can be considered no longer relevant.
3. The attempted attack of the Haram al-Sharif
During the night of 26-27 January 1984, the guards at the Haram al-Sharif discovered within its
precincts a batch of explosives and weapons left behind by a group of people who fled the scene. Over the
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next few days the Israeli police arrested twenty-seven people involved in this new attempted attack on the
Islamic sanctuaries of the Haram. Mr Gabal, Director-General of the Ministry of Justice, and Mr U.
Hasson, Deputy Attorney-General, gave me the following information on the state of the investigations and
the legal action taken by the Israeli judicial authorities. According to this information, there was a complex
and far-reaching plot aimed among other things at blowing up the mosques of Al-Aqsa and the Dome of
the Rock. For this purpose, weapons and explosives had been stolen from the army. The conspiracy was in
fact not new; it appears to have begun shortly after the visit of President Sadat to Jerusalem and the
intention had been to put it into effect before the return of Sinai to Egypt.
A number of factors delayed the implementation of the plot including fears on the part of some
concerning the international consequences of such an act. The strengthening of the Israeli guard at the
entrance to the Haram following the attack carried out by Alan Goodman on 13 April 1982 made it more
difficult to execute, and there were apprehensions among the conspirators at having to shoot at Israeli
soldiers. Moreover, rumours of possible attacks had led the Israeli Government to strengthen the guard
around the Haram still further.
The government takes an extremely serious view of this matter. All those involved have been arrested.
Two of the conspirators, who pleaded guilty, have already been sentenced – one to ten years’
imprisonment, the other to sixty months. The trial of those who have not pleaded guilty will begin next
September.
4. The excavations
4.1 The tunnel dug, under the auspices of the Religious Affairs authorities, beneath the Arab properties
along the western wall of the Haram al-Sharif is in the same state as on my previous visit in November
1983, except for the fact that consolidation work using reinforced concrete has been carried out along
three-quarters of the section dug during 1982 and 1983. This work has been supervised by the engineer N.
Kidron and appears to have been solidly carried out in accordance with correct engineering procedures. It
will probably be completed in two months’ time. The tunnel’s present length, from the arcade under the
Al-Madrasa Al-Tankiziyya, is, according to Mr N. Kidron, 305 metres.
A new and very important element in this situation is the decision taken by the Prime Minister and the
Minister of Religious Affairs to halt all work in the tunnel, except that required for consolidation and
maintenance purposes. Following my last visit to the site, the Director-General of the Ministry of Religious
Affairs had ordered a halt to the work. That order was confirmed by the Ministerial decision reported in the
journal ‘Haaretz’ of 22 April 1984. The decision was taken following energetic representations by Mr T.
Kollek, Mayor of the City, to the authorities concerned after serious damage had been detected in the Al-
Madrasa Al-Manjakiyya, the headquarters of the Islamic Council of Jerusalem, which is situated above a
section of the tunnel dug in 1983.
As was to be expected, the digging of the new section of the tunnel has caused movements in the mass
of rubble and filling material extending to a height of some nine metres above the Roman soil level
followed by the excavation. The same phenomenon had already occurred following the digging of the first
part of the tunnel, which is at the root of the settlement and cracks to be found in a number of buildings
constructed above, some of which form part of the fundamental Islamic heritage of Jerusalem. Of these, the
Al-Madrasa Al-Jawhariyya and the Al-Kurd Hospice were the subject of comments in most of my reports
in the period 1971 to 1976. I pointed out last November that movement was taking place in the Al-Madrasa
Al-Manjakiyya, among other places in the great staircase and in certain walls and vaults. Since then, some
of the cracks have worsened. More serious still is the collapse last April of part of the staircase; some of
the steps have fallen into a hollow created by the movement of the soil above the tunnel. The Al-Madrasa
Al-Manjakiyya is situated above a widened section of the tunnel which at that point incorporates some high
H cisterns whose vaulting was considerably weakened and therefore constitutes a fragile infrastructure for
the building above it. Since the level at which the tunnel was dug remained constant, the result is that at
certain points the earth has been excavated well below the walls of cisterns. These therefore rest on
banked-up rubble which, though well compacted, is cut off vertically in the plane of the walls. I noted this
very dangerous situation in November 1983 and at that time issued a serious warning about it. Since then
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everything has been consolidated by a reinforced concrete sheathing. In my opinion, the structure of the
tunnel is now solid and there is no danger of the building above it collapsing. However, it is very probable
that slight movements will continue to cause cracks in the edifice for some time to come, probably for
several years. The case of the Al-Madrasa A1-Jawhariyya, to which I shall return later, is a good example
of such a process.
The staircase has been repaired according to correct engineering procedures and the entire building is
under observation. Proposals for consolidation have already been made by Mr Kidron: they are completely
inadequate from the structural point of view. In addition, they take no account of the fact that the Madrasa
is a historical monument and that any work done should follow the rules prescribed for such edifices. But,
from the point of view of stability and security, there appears to be no urgency. It is preferable to wait until
the probable movement of the subsoil has stopped. In the interim, it would be advisable to carry out a
complete expert survey of the building, and, depending on the results of such a survey possibly some
temporary works. Given the importance of the building both as a monument and because of its symbolic
significance (as the headquarters of the Islamic Council), I think it desirable that the survey should be
carried out by a specialist engineer acceptable to both parties – the Waqf and the Ministry of Religious
Affairs, which is responsible for the damage. In view of the tense atmosphere between the parties
concerned, it is unlikely that an Israeli engineer would be acceptable to the Arab side. The choice of a
foreign specialist would therefore seem to be the best solution. His report, describing the state of the
building in detail, would serve as a reference document for the future; it should also contain whatever
suggestions were necessary to ensure the stability of the building in the short term.
The idea of a survey seems to have been accepted on both the Israeli and the Waqf sides. The Israeli
authorities favour the appointment of an engineer from the Technical University of Haifa. For the reasons
given above, it is desirable that they should accept without delay the appointment of a foreign engineer,
preferably an English speaker.
No precise chart of the tunnel, other than a partial surface map, seems to exist at present. This map
does not show the location of the buildings above. Several requests have been made for a series of vertical
cross-sections of the tunnel and the buildings above to be drawn. Such cross-sections would make for a
better understanding of the processes taking place in certain buildings and would make it possible to
identify in advance danger zones where precautionary measures should be taken. It is strongly
recommended that such cross-sections be drawn up as soon as possible.
It has also been frequently suggested that those in charge of the tunnel should invite the Waqf
engineers, Messrs A. Husseini and I. Awad, to inspect the tunnel and the substructure at the foot of the
southern wall of the Haram at least once a year in their company. Such an inspection would help to clarify
the situation and would ease the tensions surrounding the question of the tunnel and possible extensions
under the Haram. When I spoke about this question with Minister Y. Burg on 6 April 1983, I believed that
the principle of such an inspection had been accepted. However, it has not been authorized at the time of
writing.
It is regrettable that the tunnelling, which constitutes an excavation in the deep subsoil of Jerusalem,
has not been monitored by an experienced archaeologist. While not directing the work, which is in
principle regrettable and can only be condemned, he could have been responsible for recording in scholarly
fashion the archaeological information yielded by the subsoil. Now that the archaeological remains
exposed by the digging have been covered for ever by concrete reinforcements, whole pages of the ancient
history of Jerusalem may be lost for all time.
4.2 The work on the Ophel hill is practically complete. It consisted not so much of fresh excavations as of
the cleaning, consolidation and presentation to good effect of the remains of the first Jerusalem wall
brought to light by Kathleen Kenyon in 1961-1967. The area excavated by her has been slightly enlarged,
mainly on the land acquired during the British mandate by the Rothschild family. Professor Y. Shilo, who
directed the work, confirmed to me that no fresh excavation is planned on this site. According to him the
whole operation, including removal of the unstable rubble, is coming to a close.
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A system for monitoring the stability of the most critical area has been set up. Several clinometers have
been installed on the slopes of the hill, which will make it possible in future to keep a check on any
movements of old excavation rubble left in situ and to take action where necessary.
4.3 The second-century Roman remains at the Damascus Gate have been entirely uncovered. They can be
reached beneath a concrete apron on which are laid the tiles of the small square within the walls behind the
gate. New shops have been constructed and others renovated in this busy Arab commercial area. The
Damascus Gate excavations were begun during the British mandate. The interiors of the flanking towers,
one of which contains an Umayyad oil mill, have been cleared out over the last five years and the work is
complete.
4.4 At the present time, it is to be noted that all the excavations have been halted inside and in the vicinity
of the old city of Jerusalem. Except for the tunnel near the Haram al-Sharif, where work resumed two years
ago after an interruption of nearly ten years, no notable excavation has been carried out since 1979. Since
then, only occasional soundings connected with infrastructure or safety work have been made in the city.
For the first time, a governmental decision to halt excavations has been taken. It has the digging of the
‘tunnel’ in view. Furthermore, no other excavations are announced for other sites. What is new is the
statement that no further excavations will be carried out on the Ophel site, where it was previously feared
that a vast plan was going to be carried out in addition to the clearance work necessary for safety reasons.
5. The work on providing amenities and public areas is continuing in the old city but is proceeding more
slowly than before. It chiefly comprises:
5.1 The renewal of sewers and pavings. Since November 1983 the work has been mainly taking place in
the Christian quarters of the city, between the Holy Sepulchre and the Damascus Gate. As in every other
part of the city, the new paving consists of slabs of natural Jerusalem stone. In several places, parts of the
Roman paving discovered when the sewers were being renewed have been brought up to the present street
level. Throughout the Armenian and Christian quarters, the television aerials have been removed and
replaced by a cable distribution system.
5.2 The establishment of the green belt around the Wall of Süleyman the Magnificent is being completed.
Work has been under way since 1968 and has consisted mainly of clearing rubble, uncovering the wall to
its original height and, possibly, the rock on which it rests, planting trees and shrubs and, in the southern
part where the wall runs through the City of Herod which extended well beyond the present limits, carrying
out excavations described in many previous reports. All these excavations were halted several years ago
except for a recent sounding between the Damascus Gate and Herod’s Gate, where fragments of the glacis
which protected the city wall in Crusader times have been brought to light.
6. Birkat Israel. Public works on this site, which covers the location of one of the largest open-air water
cisterns of the ancient city, is at present a cause of tension between the municipality and the Waqf. The
cistern was filled in at the beginning of the century and its site is now occupied by a car-park and by
temporary UNRWA huts. The whole area looks extremely shabby. The Waqf, which is the owner of this
site, and the municipality are in agreement over the need to do something about it since the site is in the
neighbourhood of the Lion Gate used by millions of Muslim and Christian pilgrims. Talks are under way
between the two parties on a project to satisfy both. As the Waqf leaders see it, it is important that property
and tenure rights should in no way be called in question. They therefore consider that the plan approved by
both parties must be carried out by them and at their expense. They also consider, rightly, that this work
should show the inspiration of Islamic art.
7. The Al-Madrasa Al-Jawhariyya has been regularly examined by me since 1971. It will be remembered
that the building, which dates from the fourteenth century, stands over the oldest section of the tunnel and
its stability has been seriously impaired in recent years. The ground appeared to be stabilized but in the
past few months, new movements have been observed which have caused the subsidence of a number of
stone courses at the base of the wall supporting the covered passageway to Ribat Kurt. The recent ground
movement caused by the digging of the tunnel, nearly ten years after the placing of permanent supports,
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shows how dangerous this type of work is, even when carried out with care, and how long the stabilization
period can be after ground has been disturbed by excavations. This leads one to be cautious in assessing the
extent of the damage caused to buildings.
The Al-Madrasa Al-JaWhariyya was given temporary strengthening a few years ago. The work was
causing a very crude technique,which although it did indeed stabilize the building, also led to extensive
damage to the interior, chiefly in the upper rooms where the walls were reinforced with substantial
concrete slabs to which the masonry outside was tied. Things cannot stay as they are, because this can in
no way be described as the full and scientific restoration of the building that those responsible for the
damage agreed to undertake. When the mayor of the city was informed of this, he decided to open talks
with the Waqf and the Ministry of Religious Affairs so that the restoration can be undertaken without
delay, by acknowledged specialists in co-operation with the architects of the Waqf.
8. The Citadel is one of the chief monuments of Jerusalem. It comprises elements of widely varying date,
extending from the Hasmonean era to the Ottoman era. Major excavations have been carried out at various
periods within the great central courtyard. The most recent were carried out in 1968-1969 under the
direction of A. Amiran and A. Eytan. They brought to light many substructures, frequently of great interest
from the point of view of the history of the site and the city. These remains have not been covered over but
have been strengthened and partially restored. They give an appearance of clutter and seriously detract
from the monumental form and indeed from the architectural comprehensibility of the Citadel. The present
arrangement is thus scarcely advantageous to the building. It would be desirable for a scheme more
consonant with the site to be studied and put into effect. This might be provided by a concrete platform
coinciding with the original soil levels at the time of the construction of the Citadel and covering the most
interesting parts of the excavations, which would still be accessible to specialists. An outline in natural
materials of different colours, set into the paving of the courtyard, would give visitors to the monument an
idea of its archaeological history.
9. Work on the Haram al-Sharif
9.1 Restoration work on the Al-Aqsa Mosque is continuing. The restoration of the cupola has been
completed and is of very high quality. The mosaics on the great arcades and pendentives need to be
consolidated and restored. It is very much hoped that the help of an expert on the restoration of ancient
mosaics will be available before the work is undertaken. Expert advice is also required for the covering of
the exterior of the dome with lead plates. These have been reconstituted to the original measurements,
using old lead. There is, however, no worker specialized in laying this type of covering available on site to
teach local workers the techniques involved.
9.2 The restoration of the Dome of the Chain is being studied. The twelfth-century ceramic tiles have been
carefully removed.
9.3 The restoration of the Golden Gate is nearing completion. The building has been cleaned and repainted
with lime grouting. The work has been carried out in compliance with normal standards. It is perhaps
regrettable, however, that the ancient flagstone paving should have been repointed with dark grey cement.
From the technical standpoint, this is no doubt a good idea since cement mortar is more resistant, but the
result is aesthetically unpleasing.
9.4 I revisited the Stables of Solomon which are one of the most remarkable sites in the Haram al-Sharif.
The derelict state of the huge underground vaults is distressing. They have been taken over by the pigeons,
which are the cause of damage resulting not only from soiling by a thick layer of droppings but also from
the action of harmful salts deriving from those excrements, which may eventually endanger the stones of
the building.
10. The Department of Islamic Antiquities of the Waqf is pursuing the task of drawing up a systematic
inventory of the Islamic monuments of the Old City. This inventory includes very exact, large-scale
architectural drawings of the most outstanding buildings. Several dozen monuments have been most
carefully surveyed in this way.
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11. Cleaning, consolidation and conservation work has just been started at the Al-Madrasa Al-Kilaniyya,
one of the most important Mameluke monuments of the lower city. The programme of work as outlined to
me by Mr Natsheh, is indicative of well-advised caution, in the absence of the specialized work-force
required to embark on proper restoration work on a monument of this nature.
12. Considerable efforts have been made in recent months by Mr K. Salaineh, the Director of the Al-Aqsa
Library. A great many manuscripts have been microfilmed and two catalogues published. There can be no
doubt, however, that the situation remains critical as regards the state of conservation of many manuscripts
suffering damage from mould and insects. According to Mr Salameh, the situation is equally disquieting in
other depositories in the city. No equipment or specialized staff are available locally to give the works the
necessary treatment. Urgent measures are required if basic source material concerning the history of
Jerusalem is to be saved. In that connection, it might perhaps be desirable to consider the possibility of
bringing all the Arab manuscripts of Jerusalem together centrally in one of the buildings of the Haram,
which should be equipped for the treatment and conservation of books. Given the humid conditions in all
the ancient buildings on the site, the equipment required would certainly need to include an adequate airconditioning
plant. The purchase of equipment for treating the books and the training of specialized staff
are both matters of great urgency. A report on the question was drawn up in April 1983 by Mr G. Brannahi,
President of the International Association of Archives, Library and Graphic Art Restorers.
13. A Museum of Palestinian Folk Arts and Folklore was established in 1979 in the Islamic Cultural
Centre in Jerusalem. It is being most devotedly managed by Mrs Z Husseini. Many traditional costumes
and everyday objects or things used in crafts which have disappeared or are disappearing have been
assembled there. The museum has no proper basic equipment and is short of specialized staff more
particularly for the conservation and restoration of fabrics. The curator’s task is made very difficult by the
fact that the museum has no independent financial resources. There can, however, be no doubt that the
establishment of this museum was timely, since the very radical changes that are at present taking place in
the Arab society of Jerusalem seem likely to result, very shortly, in the disappearance of many customs,
particularly as regards traditional costumes and domestic equipment. It is important for the history of Arab
culture in Jerusalem that evidence of these should be preserved.
Professor R.M. LEMAIRE
4 August 1984’
IV. APPLICATION OF THE CONVENTION FOR THE PROTECTION OF CULTURAL PROPERTY IN THE
EVENT OF ARMED CONFLICT (THE HAGUE, 14 MAY 1954)
10. At its 114th session, the Executive Board was informed, firstly, that Professor H.R. Sennhauser (of Swiss
nationality) had agreed to carry out the functions of Commissioner-General for Cultural Property accredited to
the Government of Israel and, secondly, that the steps taken with a view to the appointment of a Commissioner-
General for Cultural Property to be accredited to the Governments of the Hashemite Kingdom of Jordan,
Lebanon and the Syrian Arab Republic had had to be started afresh, since Professor C. Brandi (of Italian
nationality) had been unable to accept the appointment. As soon as these steps have been successfully completed,
the Director-General will make the necessary arrangements to enable the Commissioners-General to discharge
their task at the earliest possible date.
11. In this document, the Director-General conveys to the Executive Board all the information concerning
Jerusalem in his possession at 10 August 1984. He will continue to do everything within his power to ensure that
the resolutions of the General Conference and the decisions of the Executive Board are put into effect and he will
spare no effort with a view to the preservation of the City of Jerusalem, which belongs to the heritage of all
mankind.
ANNEX
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Jerusalem and the application of 21C/Resolution 4/14
The General Conference,
Recalling the Constitution of Unesco and its objectives relating to the preservation and protection of the world
heritage of monuments of historical and scientific value,
Considering the exceptional importance of the cultural property in the City of Jerusalem, not only to the countries
directly concerned but to all humanity,
Recalling all the relevant resolutions and decisions adopted by the General Conference and the Executive Board
of Unesco, in particular 21C/Resolution 4/14,
Recalling that the General Conference, by that resolution, invited the Executive Board to review developments in
the situation regarding Jerusalem and to take any measures that it might consider appropriate, and invited the
Director-General to keep a constant watch on the execution of the resolutions and decisions concerning
Jerusalem,
Having noted the report contained in document 22C/90, and in particular the report (116EX/18) submitted by the
Director-General to the Executive Board at its 116th session,
Considering with consternation and concern that the Israeli occupying authorities are persisting in their refusal to
apply the above-mentioned resolutions and decisions,
Noting specifically:
(a) that those authorities are continuing to carry out excavations and are undertaking civil engineering and
building operations detrimental to the historical and cultural character of the Holy City,
(b) that the archaeological excavations and constructions begun and continued since 1967 are causing irreparable
damage and harm to the Holy City of Jerusalem,
(c) that the A1-Aqsa Mosque is more and more seriously and gravely endangered as a result of excavations and
of the acts of armed aggression that have been perpetrated against it by fanatical groups,
(d) that the objective of the establishment of Jewish colonies around the City of Jerusalem and of small Jewish
religious communities inside the city is the judaization of the City of Jerusalem,
Considering further that, in persisting in their policy of annexation of Jerusalem, the Israeli authorities are
deliberately refusing to abide by the decisions of the United Nations and Unesco in the matter,
Considering that the above-mentioned policy and practices, which have repeatedly been denounced and
condemned by the international community, constitute a constant violation of the Charter of the United Nations,
the Constitution of Unesco and the international conventions and recommendations relating to the protection of
cultural property in the occupied territories,
1. Reaffirms the previous resolutions and decisions of the General Conference and the Executive Board
concerning cultural property in Jerusalem;
2. Endorses decision 5.4.1 adopted by the Executive Board at its 116th session;
3. Strongly condemns Israel’s persistent refusal to abide by those resolutions and decisions, and its policy of
judaization and annexation of the City of Jerusalem;
4. Invites the Member States of Unesco to undertake all necessary action, by such means as they may deem
appropriate, to put an end to this situation;
5. Thanks the World Heritage Committee for its decision to include the Old City of Jerusalem and its walls on
the List of World Heritage in Danger and invites it to continue its activities for the protection and safeguarding of
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cultural property in the city;
6. Thanks the Director-General for the continued efforts he has made to ensure implementation of the relevant
resolutions and decisions, while maintaining Unesco’s presence in the city;
7. Requests the Director-General to keep the Executive Board informed of developments in the situation;
8. Decides to include this question in the agenda of its twenty-third session.
__________
Document symbol: UNESCO_120 EX/14
Document Type: Report
Document Sources: United Nations Educational Scientific and Cultural Organization (UNESCO)
Subject: Holy places, Jerusalem
Publication Date: 27/08/1984
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REPORT OF THE TECHNICAL MISSION TO THE OLD CITY OF JERUSALEM
(27 February - 2 March 2007)
12 March 2007
I. Background
1. In early February 2007, under the responsibility of the Israeli Antiquities Authority (IAA),
excavation works were started in the Old City of Jerusalem on the pathway leading from the
Western Wall Plaza to the Mughrabi Gate of the Haram es-Sharif.
2. As concerns were raised internationally regarding the nature and objectives of the
works undertaken by the Israeli authorities, the Director-General decided to dispatch a
technical mission to Jerusalem to study the reconstruction work and archaeological
excavation of the Mughrabi ascent leading to the access to the Haram es-Sharif and to report
to him on its findings.
3. The mission team was led by Mr Francesco Bandarin, Director of the World Heritage
Centre of UNESCO, and included Mr Mounir Bouchenaki, Director-General of ICCROM, Mr
Michael Petzet, President of ICOMOS, and Ms Veronique Dauge from the World Heritage
Centre. The mission stayed in Jerusalem from 27 February to 2 March 2007.
4. The pathway leading from the Western Wall Plaza to the Mughrabi Gate of the Haram
es-Sharif is what remains of the Mughrabi Quarter, demolished by Israel in the aftermath of
the six-day war of June 1967.
5. This sloped pathway is composed of several strata of archaeological structures (from
the Herodian times to the British Mandate period) and of earth and rubble.
6. The pathway has a length of approximately 75 metres and allows pedestrians to climb
the six-metre difference in height between the Western Wall Plaza and the Mughrabi Gate. A
height of 15 to 17 metres separates the Mughrabi Gate and the Roman ground level, at the
foot of the Western Wall.
7. In the early 1970s, after the demolition of the Mughrabi Quarter, support walls were
built on the northern and southern sides of the pathway, while a concrete structure was built
over it to allow the construction of the pavement and the erection of a protective canopy.
8. Since that time, the pathway has been the main access to the Haram es-Sharif for
visitors and for the Israeli police and, since 2004, for Jewish worshippers accompanied by
the Israeli police. The Mughrabi Gate is not open to Muslims and is exclusively under the
control of the Israeli authorities.
9. All the other gates of the Haram es-Sharif giving access to Muslim worshippers are
under the control of the Islamic Waqf, but their access is regulated by the Israeli police.
10. The section of the pathway closer to the Western Wall comprises the remaining
structures of a house, presently used as a prayer room by Jewish women since it is adjacent
to the women’s section of the Western Wall.
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11. This house blocks the entrance of the so called Barclay Gate, possibly one of the
ancient gates of the Herodian temple, located immediately under the Mughrabi Gate. On the
other side of the wall, inside the Haram es-Sharif, a prayer room exists, sacred to the
Muslims and believed to be the shelter of Al-Buraq, the horse of Prophet Mohammad.
12. In February 2004, weakened by heavy rain and snow, the northern wall of the pathway
collapsed, thus creating risks for the users. The collapse of the wall exposed the vaults of the
underlying structures.
13. In July 2005, a temporary wooden bridge, still in use today, was built to allow access to
the Mughrabi Gate. Since then, the Israeli authorities have started planning the
archaeological surveys and the design of a new pathway.
14. The World Heritage Committee, at its 30th session in July 2006, examined the issue of
the reconstruction of the pathway (document WHC-06/30.COM/7A.Add.Rev. and Decision
30COM 7A.34). Paragraph 6 of the decision “asks the Israeli authorities to provide the World
Heritage Centre with all relevant information concerning the new buildings planned in and
around the Western wall plaza, including the plans for the reconstruction of the access
leading to Al Haram es-Sharif”.
15. In January 2007, the Israeli Prime Minister, Mr Ehud Olmert, approved the start of the
archaeological excavations on the pathway, which are currently underway, on the basis of
work plans that were not communicated to UNESCO’s World Heritage Centre. On
6 February 2007, the Director-General wrote a letter to the Prime Minister of Israel, recalling
the terms of World Heritage Committee Decision 30COM 7A.34 and expressing “UNESCO’s
serious concern regarding this situation”, and asked him to provide the World Heritage
Centre with information on activities occurring “in the immediate vicinity of the Esplanade of
Mosques”.
II. The situation in February 2007
16. During its visit on 28 February 2007, the mission observed that archaeological
excavation works involving about 40 workers were conducted on all parts of the pathway,
under the supervision of two archaeologists from the IAA.
17. The works observed concern areas external to the Western Wall and are limited to the
surface of the pathway and its northern side, where the retaining wall of the access collapsed
in 2004. The mission noted that no work is being conducted inside the Haram es-Sharif, nor
may the nature of the works underway be reported, at this stage, as constituting a threat to
the stability of the Western Wall and the Al-Aqsa Mosque.
18. The work area ends at approximately 10 metres distance from the Western Wall. It is
conducted with light equipment, picks and shovels, and it is supervised and documented
according to professional standards.
19. This activity is described by the IAA as “preventive archaeology”, and as such is not
focused on archaeological research; it is said to be intended to identify the structural
conditions of the pathway in order to allow its consolidation.
20. Three web cameras, located above the pathway, allow continuous viewing on the
website of the IAA. Other archaeological surveys have also been carried out on the southern
side of the pathway and towards the southern entrance of the plaza, inside the
“Archaeological Garden”, in view of planning the future access structures.
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21. The archaeological work is planned to last about six months, during which the final
design of the new access will be finalized. It has not yet been determined whether the final
plan will envisage a consolidated pathway or a bridge.
22. Some heavy machinery, also employed for other archaeological activities on the plaza,
is used to remove the debris cleared from the pathway, but it operates from areas external to
the archaeological structures of the pathway.
III. Consultations with the concerned authorities
23. The Jerusalem Municipality is responsible for planning and construction in the Old
City, as well as for the infrastructure and its maintenance.
24. As the institution in charge of the overall project, the Municipality is currently
developing, in consultation with the IAA, the final design of the structure of the access
pathway.
25. The procedure adopted foresees a consultation every two weeks with outside experts.
Upon the finalization of the plans, the Mayor will decide whether to open a public consultation
on the project.
26. The Municipality also expressed its concern for the management of vehicle traffic in the
area and stated that the design of the new access pathway constitutes an opportunity to
reorganize the entire area and to remove all cars from the Western Wall Plaza, a
reorganization needed in view of the increase of tourist flows, presently reaching 2 million
visitors per year.
27. The Israeli Antiquities Authority is the Government’s entity responsible for
archaeological excavations and antiquities sites in Israel.
28. The IAA stated that it had full authority over the area and that all the decisions
concerning the archaeological surveys and consolidation of the pathway fell under its sole
responsibility, while the Municipality of Jerusalem was in charge of the design and
construction work of the new access structure. It also stated that this access needed to
remain under the exclusive control of the Israeli authorities for security reasons and to allow
visitors access to the Haram es-Sharif.
29. No consultation with the Waqf was carried out before the work started, as no regular
exchange of information or cooperation has taken place between the Israeli Authorities and
the Islamic Waqf since 2000. The IAA clearly stated that it intends to conduct this work with
the exclusive goal of studying the structural conditions of the pathway and not for
archaeological research purposes.
30. It was clearly and repeatedly stated, both by the IAA and by the religious authorities
consulted by the mission, that there are no plans to conduct any excavation under the Haram
es-Sharif.
31. The Israeli National Commission for UNESCO sent a report to the World Heritage
Centre on 28 February 2007 as a reply to the request of paragraph 6 of World Heritage
Committee Decision 30 COM.34. The report contains information on the excavation and
projects in line with the above. The report indicates that:
“1. The IAA continue the ‘preventive archaeology’ till reaching the clearing of the
upper layers to assess the situation and structural stability of the access ramp. On
reaching this critical level and before any irreversible works will be carried out, an
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evaluation will be made by the IAA. Excavations for the foundations of the columns of
a ‘non-existent’ ramp have been stopped.
”2. The Jerusalem Municipality will bring to the Planning Committee the proposal for a
new access to the Mughrabi Gate and recommend that a professional team be
appointed to evaluate alternatives, including utilization of the existing structures in the
site through public consultation.
”3. On reaching this critical stage, the World Heritage Centre will be informed and
consulted on the professional process before proposing the recommendations to the
IAA and Municipality.
”4. The consultation will include professionals, academics and all stakeholders.”
32. The Islamic Waqf of Jerusalem, responsible for the whole compound of the Haram es-
Sharif as well as a very considerable number of properties within the Old City, stated that
the excavations undertaken by the Israeli authorities are illegal since, under international law,
no action should be undertaken in an occupied city.
33. Furthermore, the Waqf stated that the entire area of the former Mughrabi Quarter and
the pathway are its property and that, since 1967, it had requested the return of the keys of
the Mughrabi Gate, to no avail. In the past three years, the gate has been opened to tourists
and to Jewish worshippers accompanied by police.
34. Since 2004, the Waqf has repeatedly informed the Israeli authorities that it was willing
to undertake at its own expense the repair work and maintenance of the access pathway, but
it has received no answer.
35. The Waqf fears that the archaeological excavations will destroy the last remains of the
Mughrabi Quarter and remove the archaeological evidence of the Ayubid and Mamluk
periods. It also fears that the Israeli authorities would remove any objects that may be found
during the excavations.
36. The Waqf also referred to the commitment taken by the Israeli Authorities in the
framework of the peace agreement signed between Israel and Jordan, that no work would be
started without appropriate consultations.
37. The Waqf asked UNESCO to intervene with the Israeli Authorities in order to stop the
works currently underway. It also stated that the commitment to respect the Holy Sites of
Islam, always expressed by the Israeli Authorities in words, was not honoured in practice.
The Waqf would be in favour of a solution involving other stakeholders such as Jordan and
UNESCO, should this possibility arise.
38. A written statement was issued by the Islamic Waqf of Jerusalem in February 2007.
This document “appeals to all parties to fulfil their obligations under the pertinent international
conventions and agreements”, and in particular “The Hague 1954 Convention, the 1972
World Heritage Convention, the Peace treaty between Jordan and Israel, the Washington
Declaration recognizing the special role of the Hashemite Kingdom of Jordan in Muslim Holy
shrines in Jerusalem”.
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IV. Evaluation of the situation by the mission
IV.1. The works on the access to the Mughrabi Gate
39. The report submitted by the National Commission on February 28 provides important
information for the discussion of the next phases of the project. However, the mission noted
that this interim report was submitted after the start of the work.
40. While recognizing that the archaeological works underway are being carried out
according to professional standards, the mission expressed its concern regarding the lack of
a clear work plan setting the limits of the activity, thereby opening the possibility of extensive
and unnecessary excavations.
41. The mission’s assessment is that all the works should aim at conserving the existing
structure, consolidating and repairing it. A clear statement should be issued by the Israeli
authorities in this respect. The archaeological excavations should be strictly limited to
obtaining information on the stability of the structure needed for the consolidation work. It
appears that such information is now available and that, consequently, these excavations
should be stopped.
42. Two preliminary sketches of the future layout of the access were presented to the
mission by the IAA, but the mission was not presented with any final architectural design.
43. The mission also considers that discussions and consultations should take place
among all concerned parties before any decision is taken on this subject.
IV.2. Cooperation between the stakeholders
44. The mission clearly indicated to all the concerned parties that the heritage value of the
Mughrabi pathway, an integral part of the site inscribed on the World Heritage List, cannot be
limited to the archaeological structures, but has to include its important cultural, religious and
symbolic aspects, and that these should be duly taken into account in any phase of the
consolidation and restoration process.
45. As the project concerns different religious and cultural communities, it is of the utmost
importance that dialogue and communication be established in order to include the views of
all concerned parties.
46. The mission is aware that in the present situation no dialogue exists between the Israeli
authorities and the Islamic Waqf. As this situation is at the origin of the present crisis, all
parties should be invited to contribute in addressing and solving this issue in a cooperative
way.
47. The involvement of the Jordanian Government, which has a supervisory role on the
Haram es-Sharif recognized by Israel, would be most appropriate. The cooperation with the
Jordanian Government was effective in solving the problem on the restoration of the
Southern Wall of the Haram es-Sharif in 2004, and a similar framework could be envisaged.
UNESCO could offer technical assistance and act as a facilitator in this process.
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V. Final recommendations to the Director-General by the mission
48. The Government of Israel should be asked to comply with its obligations regarding
archaeological excavations and heritage conservation in World Heritage sites such as
the Old City of Jerusalem and, in particular, with Decision 30 COM.34 adopted by the
World Heritage Committee in Vilnius in July 2006 on this matter.
49. The Government of Israel should be asked to stop immediately the archaeological
excavations, given that the excavations that had been undertaken were deemed to be
sufficient for the purpose of assessing the structural conditions of the pathway.
50. The Government of Israel should then clearly define the final design of the access
structure, whose principal aim should be to restore the Mughrabi pathway without any
major change to its structure and shape, in order to maintain the values of authenticity
and integrity of the site. A clear work plan thereon should be communicated to the
World Heritage Committee in the shortest possible time.
51. The Government of Israel should be asked to engage immediately a consultation
process with all concerned parties, in particular the authorities of the Waqf and of
Jordan, the latter having signed a peace agreement on 26 October 1994, and agree
upon a plan of action before taking any further action and decision thereon.
52. This process should be supervised by an international team of experts coordinated by
UNESCO and involving in particular structural engineers, specialized in archaeological
consolidation works, in order to ensure the most appropriate solution for the restoration
of the Mughrabi pathway.
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Decision 34 COM 7A.20
Old City of Jerusalem and its Walls
(site proposed by Jordan) (C 148
rev)
The World Heritage Committee,
I.
1.
Having examin eDdocumen tWHC@1/>34.CO    >7A.Add,
2.
Recallin Dg ecisio3n 3 COM 7A.1, 8adopted at its 33rd session ;Seville,
2//8<,
3. Recallin tghe relevan tprovision son the protection of cultura lheritage
including the four Geneva Conventions ;1848<, the Hague Convention for the
Protection of Cultura lProperty in the Event of Armed Conflic tof 1854 ,the
Conventio nfor the Protection of the World Cultura land Natura lHeritage of
1872, the inscription of the Old City of Jerusalem and its Walls at the re%uest
of Jordan on the World Heritage List ;1881< and on the List of World Heritage
in Dange r;1882<, and the recommendation sre, solution sand decisions of
UNESCO,
4.
Recallintg he importanc eof maintaining the integrity and authenticit yof
the Old City of Jerusalem,
5.Affirmin tghe necessity of cooperatio nto facilitate access to the Old City
of Jerusalem and its Walls, including heritage sites therein, in the context of
the Conventio nfor the Protection of the World Cultura land Natura lHeritage
of 1872, and
recogni.in ing this regard the existing physica lostacles,
6.
Affirmin tghat nothing in the presen tdecision ,which aims at the
safeguardin gof the cultura lheritage of the Old City of Jerusalem and its
Walls, shall in any way affect the relevant United Nations resolutions and
decisions ,in particula rthe relevan tSecurity Counci lresolution son the legal
status of Jerusalem,
7.
Thans internationa dl onors for their generous contriution sto the
UNESCO Action Plan for the Safeguardin gof the Cultura lHeritage of the Old
City of Jerusalem and
calls upo nthe internationa dl onor communit yto
further support ,through extra?udgetar fyunding ,activities aimed at the
safeguardin gof the cultura lheritage of the Old City of Jerusalem i,n
particular in the context of the Action PlanD
8.
Re%ues ttshe World Heritage Centre to mae technica lexpertise and
assistance availale for the current and future conservation wors foreseen
in the Old City of Jerusalem and its Walls, taing into consideration the
activities foreseen in the context of the Action Plan, as neededD
Decision Code
34 CO     7A.2/
Themes
Conservation L. ist of World Heritage in
Danger .Reinforced Monitoring
Properties
1
Old Cit  of Jerusalem and its Walls
Session
34th session of the World Heritage
Committee )34.COM*
Year
2010
State of conservation reports
2010 Old Cit  of Jerusalem and its Walls
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UNESCO World Heritage Centre - Decision - 34 COM 7A.20
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9.Recognizes the concerns raised about the Israeli archaeological
excavations and works in the Old City and on both sides of the walls of the
Old City of Jerusalem and its Walls, and
asks the Israeli authorities to
provide the World Heritage Centre with all relevant information and details
about them, and
also re%uests the World Heritage Centre to play a proactive
role in this regard;
10. Encourages the Director-Gener atol take the necessary measures i,n
consultation and cooperation with the concerned parties, to reactivate and
reinvigorate the implementation of the short-, medium- and long-term
objective sof the Action Plan, including training ,education and cultural
activities ,and the preservatio nof sites and monument sof the Old City of
Jerusalem and its Walls as inscribed on the World Heritage List;
11.
Re%ues tas joint World Heritage Centre/ICCROM/ICOMO reSactive
monitoring mission to the propertya s referred to Oin ptherea tional
Guideline tso assess and advise on progress made in the implementatio nof
the Action Plan and, in cooperation and consultation with the concerned
parties ,identify appropriat eoperationa al nd financia lmechanism sand
modalitie sto strengthen technica lcooperatio nwith all concerned parties in
the framework of the Action Plan;
12.
Thanks the World Heritage Centre for the steps undertaken in the
implementation of the Action Plan for the Safeguarding of the Cultural
Heritage of the Old City of Jerusalem and
further re%uests it to report on
this matter and on the state of conservatio nof the propertya t its 35th
session in 2011;
II.
13.
Recallin 1g65 E/Specia Pl lenary Meeting/Decisio na,dopted by the
Executive Board of UNESCO at its 165th session ,De 3c2is CioOnM 7A.18
adopted at its 32nd session ;Quebec City, 2007<, and Decision 171 E/5 ;II<
adopted by the Executive Board of UNESCO at its 171st session,
13.
Reaffirmin tghe purpose and spirit of the professiona el ncounte rat the
technica leve lof 13 January 2007 ,as well as the follow-up meeting of 23
February 2007,
15. Noting the Sixth Reinforced Monitoring Report ;February 2009< prepared
by the World Heritage Centre,
15. Regretting the postponemen ot f the follow-up meeting of experts which
was scheduled on 12 Novembe r2007 ,as called for in De3c2i sCioOn M
7A.18" due to circumstances that have impeded Jordanian experts from
having access to the Mughrab Ai scent site,
16. Recognizi ntghe existence of deep concerns regarding the decision by
the Jerusalem District Planning and Construction Commission on the town
planning scheme for the Mughrab Ai scent,
17.
Re%ues ttshat, despite the decision mentioned in Paragraph 16, the
process for the design of the Mughrab Ai scent be inclusive of all parties
concerned i,n accordanc ewith the spirit and conten tof previous World
Heritage Committee decisions;
19. Reaffirms in this regard that no measures u, nilatera lor otherwise s, hould
be taken which will affect the authenticity and integrity of the site in
accordanc ewith the Conventio nfor the Protection of the World Cultura land
Natura lHeritage of 1962 and, as necessary t,he relevan tprovision sof the
UNESCO Convention son the protection of cultura lheritage;
20.
Being awar tehat the process for the design of the Mughrab Ai scent,
which allows for the taking into consideration of the designs submitted
during the aforementione dprofessiona el ncounter i,s still undaelrs woay,
re%uests the World Heritage Centre to fo cllowsely ,in the contex tof the
Reinforced Monitoring Mechanism t,he development sassociated with this
process;
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© UNESCO World Heritage Centre 192902-3
21. Thanks the World Heritage Centre for facilitating the holding of the
professiona el ncounte rat the technica leve lof 13 January 2//7 ,as well as
the follow?up meeting of 23 February 2//7, between Israeli, Jordanian and
Waqf e,perts ,as requested by Deci3s1io Cn OM 7A.18;
22. Reiterates its request that the Israeli authorities continue the
cooperation commenced with all concerned parties, in particular with
Jordanian and Waqf e,perts;
23.
Reaffirms the necessity of cooperation in order to arrange for access to
the Mughrab Ai scent site, arnedit erates the call on the Director?ener atol
organi.e a follow?up meeting of e,perts as soon as possible ,once the
parties concerned have reached an agreement;
23.
Takes not eof the recent e,change of correspondenc beetween Israel
(letter dated 31 May 2//8< and Jordan (letter dated 12 June 2//8< aiming at
reaching an agreemen tthat may a ltlhoew Director?ener atol organi.e a
follow?up meeting as soon as possible;
24. Decide tso continue applying the Reinforced Monitoring Mechanism for
the state of conservatio nof the Mughrab Ai scenftu ,arnthde r requests a
report from the World Heritage Centre at least every three months ,until the
34th session of the World Heritage Committee in 2/11;
III.
26.
Decides to retain te Old Cit of Jerusalem and its Walls on te List of
World Heritage in Danger.
Documents
WHC-10,34/CO,20
Report of the Decisions Adopted By the world heritage committee At its 34th session )Brasilia.
2010*
Context of Decson
WHC-10,34/CO,&A/Add
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Executive Board 1 85 EX/Decisions
*
2010-05-06-1 PARIS, 19 November 2010
300-new Track Changes
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 185th SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 5-21 October 2010)*
Hundred and eighty-fifth session
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185 EX/Decisions
TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS................................................................... 1
1 Agenda, timetable of work and report of the Bureau ........................................................ 1
2 Approval of the summary records of the 184th session ................................................... 1
3 Report by the Director-General on the application of Rule 59 of the Rules of Procedure
of the Executive Board ..................................................................................................... 1
REPORTING ITEMS.................................................................................................................. 1
4 Report by the Director-General on the execution of the programme adopted by the
General Conference......................................................................................................... 1
5 Report by the Director-General on the follow-up to decisions and resolutions adopted
by the Executive Board and the General Conference at their previous sessions ............ 3
6 Reports by the Director-General on specific matters........................................................ 5
7 Reports by the governing bodies of UNESCO intergovernmental programmes
and category 1 institutes .................................................................................................. 10
PROGRAMME MATTERS......................................................................................................... 10
8 Progress and challenges in achieving the education for all (EFA) goals by 2015............ 10
9 Implementation of the United Nations Decade of Education for Sustainable
Development (2005-2014): adoption and implementation of the UNESCO strategy
for the second half of the Decade .................................................................................... 11
10 Invitations to the International Conference of States for the Revision of the
1983 Convention on the Recognition of Studies, Diplomas and Degrees in
Higher Education in Asia and the Pacific ......................................................................... 12
11 Report by the Director-General on UNESCO's mandate for the basic sciences:
challenges and prospects for action on the threshold of the new
Medium-Term Strategy..................................................................................................... 12
12 Report by the Director-General on the feasibility of establishing an international
engineering programme at UNESCO............................................................................... 13
13 Report on the desirability of preparing a draft universal declaration of ethical
principles in relation to climate change ............................................................................ 14
14 Jerusalem and the implementation of 35 C/Resolution 49 and 184 EX/Decision 12 ....... 15
15 Implementation of 184 EX/Decision 37 on “The two Palestinian sites of Al-HAram
Al-Ibrahīmī/Tomb of the Patriarchs in Al-Khalīl/Hebron and the Bilāl bin Rabāh
Mosque/Rachel’s Tomb in Bethlehem” ............................................................................ 16
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185 EX/Decisions – page ii
Institutes and centres ................................................................................................................ 17
16 Report by the Director-General on the feasibility of establishing category 2 institutes
and centres under the auspices of UNESCO................................................................... 17
DRAFT PROGRAMME AND BUDGET FOR 2012-2013 (36 C/5) ................................ 18
17 Preliminary proposals by the Director-General concerning the Draft Programme
and Budget for 2012-2013 ............................................................................................... 18
METHODS OF WORK OF THE ORGANIZATION .................................................................... 32
18 Report on the independent external evaluation of UNESCO ........................................... 32
19 United Nations General Assembly proposal to align planning cycles with the
quadrennial comprehensive policy review of operational activities for development
of the United Nations system ........................................................................................... 33
20 Reducing the running costs of the General Conference...................................................... 34
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS .................................. 35
21 Examination of the communications transmitted to the Committee on Conventions
and Recommendations in pursuance of 104 EX/Decision 3.3, and report of the
committee thereon............................................................................................................ 35
22 Review of the working methods of the Committee on Conventions and
Recommendations (CR) within the framework of 104 EX/Decision 3.3 ........................... 35
23 Implementation of standard-setting instruments for whose monitoring the Board is
responsible....................................................................................................................... 37
24 Report by the Director-General on the Statutes of the Intergovernmental Committee
for Physical Education and Sport (CIGEPS) .................................................................... 39
ADMINISTRATIVE AND FINANCIAL QUESTIONS .................................................................. 39
25 Financial report and audited financial statements of UNESCO for the period ended
31 December 2009 and report by the External Auditor .................................................... 39
26 Report by the Director-General on the implementation of International Public Sector
Accounting Standards (IPSAS) and proposed amendments to the financial rules ......... 40
27 Collection of Member States’ contributions ...................................................................... 40
28 Financial regulations of special accounts......................................................................... 42
29 Report by the Director-General on the reform of the field network................................... 42
30 Report by the Director-General on the revised medium-term security plan for
UNESCO Headquarters ................................................................................................... 43
31 Report by the Director-General on the activities of the Advisory Committee
for Works of Art ................................................................................................................ 43
32 External Auditor’s new audits ........................................................................................... 44
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RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS AND
INTERNATIONAL NON-GOVERNMENTAL ORGANIZATIONS............................................... 44
33 Relations with international non-governmental organizations, foundations and similar
institutions ........................................................................................................................ 44
GENERAL MATTERS................................................................................................................ 45
34 Thematic debate: Intercultural dialogue in 2010 – revisiting policies within the context
of a Culture of Peace ....................................................................................................... 45
35 Report by the Director-General on the cultural and educational institutions in Iraq ......... 45
36 Implementation of 35 C/Resolution 75 and 184 EX/Decision 30 concerning
educational and cultural institutions in the occupied Arab territories................................ 46
37 Report by the Director-General on the reconstruction and development of Gaza:
implementation of 184 EX/Decision 31 ............................................................................ 48
38 Report by the Director-General on the assessment of the effectiveness of the Overall
Strategy for UNESCO Prizes ........................................................................................... 49
39 Dates of the 186th session and provisional list of matters to be examined by the
Executive Board at Its 186th session ............................................................................... 50
ADDITIONAL ITEMS ................................................................................................................. 51
40 Composition of the Executive Board’s Group of Experts on Financial and
Administrative Matters (FA/EG) .......................................................................................... 51
41 UNESCO’s contribution to the Mauritius Strategy for the Further Implementation
of the Programme of Action for the Sustainable Development of Small Island
Developing States (SIDS) ................................................................................................ 51
42 Reflection by UNESCO on the Internet ............................................................................ 53
43 UNESCO and the Intergovernmental Science-Policy Platform on Biodiversity
and Ecosystem Services (IPBES) .................................................................................... 54
44 Implementation of the “Seoul Agenda: Goals for the Development of Arts Education”,
outcome document of the Second World Conference on Arts Education............................... 54
45 Promotion of South-South cooperation: Strategic partnership for the operationalization
of the Consortium on Science, Technology and Innovation for the South (COSTIS)............ 55
46 Invitations to the Intergovernmental Meeting of Experts (category II) related to a draft
recommendation on the conservation of the historic urban landscape ............................ 56
47 The UNESCO-Obiang Nguema Mbasogo International Prize for Research in the
life sciences...................................................................................................................... 57
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185 EX/Decisions – page iv
PRIVATE MEETING .................................................................................................................. 57
3 Report by the Director-General on the application of Rule 59 of the Rules of Procedure
of the Executive Board ..................................................................................................... 57
21 Examination of the communications transmitted to the Committee on Conventions and
Recommendations in pursuance of 104 EX/Decision 3.3, and Report of the Committee
thereon ............................................................................................................................. 58
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10. Also requests the Director-General to invite COMEST to continue to work on the
desirability of an ethical framework for climate change policies.
(185 EX/SR.9)
14 Jerusalem and the implementation of 35 C/Resolution 49 and 184 EX/Decision 12
(185 EX/14; 185 EX/52 Rev.)
N.B. After considering this item and following a vote taken by roll-call, with 34 votes in favour, 1
vote against and 19 abstentions, the United States of America having voted against, the
Programme and External Relations Commission recommended that the Executive Board adopt the
following draft decision:
The Executive Board,
1. Recalling 184 EX/Decision 12, and having examined document 185 EX/14,
2. Also recalling resolutions and decisions of UNESCO on Jerusalem, as well as the
provisions of the four Geneva Conventions (1949), the Hague Convention for the
Protection of Cultural Property in the Event of Armed Conflict (1954) and the related
Protocols and the Convention for the Protection of the World Cultural and Natural
Heritage (1972),
3. Further recalling General Conference resolutions and Executive Board decisions
regarding the appointment of a permanent representative of the Director-General of
UNESCO on the issue of Jerusalem,
4. Affirming that nothing in the present decision, which is aimed at the safeguarding of the
Cultural Heritage of East Jerusalem, shall in any way affect the relevant United Nations
resolutions and decisions, in particular the relevant Security Council resolutions on the
legal status of Jerusalem,
5. Expresses its deep concern over the ongoing Israeli excavations and archaeological
works on the Al-Aqsa Mosque compound and in the Old City of Jerusalem, which
contradict UNESCO decisions and conventions and United Nations and Security
Council resolutions;
6. Also expresses its concern about the ongoing Israeli practices in East Jerusalem, that
dangerously affect the city’s distinctive character, both religious and cultural, historical
and demographical;
7. Reaffirms the religious significance of the Old City of Jerusalem for Muslims, Christians
and Jews;
8. Invites the Director-General to appoint, as soon as possible, the permanent and
eminent expert(s) to be stationed in East Jerusalem to report on a regular basis about
all the aspects covering the architectural, educational, cultural and demographical
situation in the City of East Jerusalem;
9. Invites the lsraeli authorities to facilitate the work of the expert(s) in conformity with its
adherence to UNESCO decisions and conventions;
10. Invites Member States to provide the necessary assistance to finance the work of the
expert(s) from extrabudgetary resources;
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185 EX/Decisions – page 16
11. Thanks the international donors for their generous contributions for the implementation
of projects within the framework of the UNESCO Action Plan for the Safeguarding of
the Cultural Heritage of the Old City of Jerusalem;
12. Expresses its sincere thanks to the Director-General for her commitment to pursue the
efforts for the safeguarding of the unique heritage of the City of Jerusalem, in
compliance with the relevant General Conference resolutions and Executive Board
decisions;
13. Decides to include this item in the agenda of its 186th session and invites the Director-
General to submit a follow-up report on this matter.
(185 EX/SR.9)
15 Implementation of 184 EX/Decision 37 on “the two Palestinian sites of al-Haram
al-Ibrahīmī/Tomb of the Patriarchs in al-Khalīl/Hebron and the Bilāl bin Rabāh
Mosque/Rachel’s Tomb in Bethlehem” (185 EX/15; 185 EX/52 Rev.)
N.B. After considering this item and following a vote taken by roll-call , with 44 votes in favour, 1
vote against and 12 abstentions, the United States of America having voted against, the
Programme and External Relations Commission recommended that the Executive Board adopt the
following draft decision:
The Executive Board,
1. Recalling 184 EX/Decision 37, and having examined document 185 EX/15,
2. Also recalling resolutions and decisions of UNESCO on the protection of the cultural
heritage in the occupied Arab territories, as well as the provisions of the four Geneva
Conventions (1949), the Hague Convention for the Protection of Cultural Property in
the Event of Armed Conflict (1954) and the related Protocols and the Convention for
the Protection of the World Cultural and Natural Heritage (1972),
3. Further recalling the Convention on the Means of Prohibiting and Preventing the Illicit
Import, Export and Transfer of Ownership of Cultural Property (1970),
4. Affirming that nothing in the present decision, which aims at the safeguarding of the
cultural heritage located in the occupied Arab territories, shall in any way affect the
relevant United Nations resolutions and decisions, in particular the relevant Security
Council resolutions,
5. Sharing the concern expressed by the Director-General regarding the announcement
made by the Israeli authorities that two sites, namely al-Haram al-Ibrahīmī/Tomb of the
Patriarchs in the city of al-Khalīl/Hebron and the Mosque of Bilāl bin Rabāh (Tomb of
Rachel), in Bethlehem, both located in the occupied Palestinian territories, are to be
included in the Israeli national heritage list,
6. Also sharing the conviction affirmed by the international community that the two sites
are of religious significance for Judaism, Christianity and Islam,
7. Reaffirms that the two sites are an integral part of the occupied Palestinian territories
and that any unilateral action by the Israeli authorities is to be considered a violation of
international law, the UNESCO conventions and the United Nations and Security
Council resolutions;
8. Regrets the Israeli authorities’ decision to include the two sites in the Israeli national
heritage list;
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UNESCO World Heritage Centre - Decision - 35 COM 7A.22
https://whc.unesco.org/en/decisions/4356/ 1/3
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Decision 35 COM 7A.22
Old City of Jerusalem and its Walls
(site proposed by Jordan) (C 148
rev)
The World Heritage Committee,
I
1.
Having examin eDdocumen tWHC>11<35.CO    <7A.Add,
2.
Recallin Dg ecisio3n 4 COM 7A.2, 0adopted at its 34th session 9Brasilia,
2.1.:,
3.Recallin tghe relevan tprovision son the protection of cultura lheritage
including the four Geneva Conventions 91747:, the Hague Convention for the
Protection of Cultura lProperty in the Event of Armed Conflic tof 1754 ,the
Conventio nfor the Protection of the World Cultura land Natura lHeritage of
1772, the inscription of the Old City of Jerusalem and its Walls at the re$uest
of Jordan on the World Heritage List 91761: and on the List of World Heritage
in Dange r91762:, and the recommendation sre, solution sand decisions of
UNESCO,
4.
Reaffirmin tghat nothing in the presen tdecision ,which aims at the
safeguardin gof the cultura lheritage of the Old City of Jerusalem and its
Walls, shall in any way affect the relevant United Nations resolutions and
decisions ,in particula rthe relevan tSecurity Counci lresolution son the legal
status of Jerusalem,
5.
Affirmin tghe importanc eof maintaining the integrity and authenticit yin
the Old City of Jerusalem and its Walls on both sides,
6.
Affirms the necessity of cooperation to facilitate access to the Old City of
Jerusalem and its Walls, including heritage sites therein, in the context of
the UNESCO Convention sfor the protection of the cultura lheritage ,and
recogni-es the concerns expressed regarding the restricting obstacles
imposed by the Israeli authorities on the freedom of accessD
7.
Thans internationa dl onors for their generous contribution sto the
UNESCO Action Plan for the Safeguardin gof the Cultura lHeritage of the Old
City of Jerusalem and both sides of its Walls, and
calls upon the
internationa dl onor communit yto further support ,through extra=budgetary
funding ,activities aimed at the safeguardin gof the integrity ,and
authenticit yof the cultura lheritage of the Old City of Jerusalem and both
sides of its WallsD
Decision Code
35 CO     7A.22
Themes
Conservation L- ist of World Heritage in
Danger -Reinforced Monitoring
Properties
1
Old Cit  of Jerusalem and its Walls
Session
35th session of the World Heritage
Committee (35.COM)
Year
2011
State of conservation reports
2011 Old Cit  of Jerusalem and its Walls
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HP EXHIBIT 208
1717
UNESCO World Heritage Centre - Decision - 35 COM 7A.22
https://whc.unesco.org/en/decisions/4356/ 2/3
8.Reques ttshe World Heritage Centre to make technica lexpertise and
assistance available for the current and future conservation works foreseen
in and around the Old Cit, of Jerusalem and its Walls, taking into
consideration the activities foreseen in the context of the Action Plan, as
needed;
9.
Regrets the Israel irefusa lto compl, with the World Heritage Centre and
UNESCO decisions anred quests Israelt o timel, cooperate and facilitate the
implementatio nof the World Heritage Committee De3c4is CioOn M7A.20
which requests ,inter alia, a joint World Heritage Centre<ICCROM<ICOMOS
reactive monitoring mission to the Old Cit, of Jerusalem and its Walls;
10.
Also regrets the persistenc eof the Israel iarchaeologica elxcavation sand
works in the Old Cit, of Jerusalem and on both sides of its Walls, and the
failure of Israel to provide the World Heritage Centre with adequate and
comprehensiv einformatio nabout its archeologica al ctivities thereon ,and
asks the Israeli authorities to cease such excavations and works in
conformit, with the UNESCO Conventions for the protection of cultural
heritage;
11.Asks, in this regard, that the World Heritage Centre states in its relevant
reports on the obstacles related to the provision of such information b, the
Israel iauthoritie sanadl so requests the World Heritage Centre to pla, a
proactive role;
12.
Further requests the World Heritage Centre to appl, the Reinforced
Monitoring Mechanism to the Old Cit, of Jerusalem and on both sides of its
Walls, and
also requests that the World Heritage Centre validates in a
concrete manne rthe fl oowf informatio nprovided b, the concerned parties
on the ongoing activities in and around the Old Cit, of Jerusalem and its
Walls;
13.
Encourage sthe Director-ener aolf UNESCO to take the necessar,
measures i,n consultatio nand cooperatio nwith the concerned parties ,to
reactivate and reinvigorate the implementation of the short-, medium- and
long-term objective sof the Action Plan, including training ,education and
cultura lactivities ,and the preservatio nof sites and monument sof the Old
Cit, of Jerusalem and its Walls as inscribed on the World Heritage List;
12.
Thanks the Director-ener aolf UNESCO and the World Heritage Centre
for steps undertaken in the implementation of the Action Plan for the
Safeguardin gof the Cultura lHeritage of the Old Cit, of Jerusalem and
further requests them to report on this matter and on the state of
conservatio nof the propert,a t its 36th session in 2012;
II
13.
Recallin 1g56 E<Specia Pl lenar, Meeting<Decisio na,dopted b, the
Executive Board of UNESCO at its 156th session ,World Heritage Committee
Decisio3n 4 COM 7A.2 0an, d relevan tExecutive Board decisions,
16.
Noting the Sixth ,Seventh ,Eighth and Ninth Reinforced Monitoring
Reports prepared b, the World Heritage Centre,
15.
Recogni-es the concerns regarding the decision b, the Jerusalem
District Planning and Construction Commission on the town planning
scheme for the Mughrab Ai scent and the subsequen tdecision b, Israel?s
Nationa lCounci lfor Planning and Constructio nto adopt "an alternative plan
for the Mughrab Ai scent" ,approved on 31 Octobe r2010 b, the abovementioned
Commission;
18.
Reaffirms, in this regard ,that no measures u, nilatera lor otherwise,
should be taken including those which ma, affect the authenticit, and
integrit, of the site, in contravention with the relevant provisions of the
Hague Conventio nfor the Protection of Cultura lPropert, in the Event of
Armed Conflict of 1932 and of the Convention for the Protection of the
World Cultura land Natura lHeritage of 1952;
HP EXHIBIT 208
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UNESCO World Heritage Centre - Decision - 35 COM 7A.22
https://whc.unesco.org/en/decisions/4356/ 3/3
© UNESCO World Heritage Centre 192902,3
19.Acknowledge sreceipt of the Jordanian design for the restoration and
preservatio nof the Mughrab Ai scent ,submitted to the World Heritage
Centre on 27 Ma, 2.11, and
thank sJordan for its cooperation i,n
accordance with the relevant provisions of UNESCO Conventions for the
protection of cultura lheritage;
2..
Also reaffirms, in this regard ,that the UNESCO process for th eu fpollow
of the design of the Mughrab Ai scent is to be coordinate dwith all parties
concerned i,n accordanc ewith the spirit and conten tof previous World
Heritage Committee decisions ,despite the fact that Israeli s informing the
World Heritage Centre with its "alternativ eplan for the Mughrab Ai scent",
and
re$uests that the World Heritage Centre be proactive and follows
closel, ,in the contex tof the Reinforced Monitoring Mechanism t,he
developments associated with this process;
21.
Notes with satisfact tiohne access providedb ,Israelt o the Mughrabi
Ascent for Jordanian and Wa$f experts on 23 Ma,, 8 August and 28
Novembe r2.1. and
reiterates its re$uest that Israel continues the
cooperation commenced with all concerned parties, in particular with
Jordanian and Wa$f experts;
22.
Reiterate sthe call on the Director-Gener aolf UNESCO to organi-e a
follow-up meeting of experts as soon as possible ,once the parties
concerned have reached an agreement;
23.
Decide tso continue appl,ing the Reinforced Monitoring Mechanism for
the state of conservatio nof the Mughrab Ai scent ,and
further re$uests a
report from the World Heritage Centre at least ever, three months ,until the
36th session of the World Heritage Committee in 2.12;
III
22.
Decides to retain te Old City of Jerusalem and its Walls on te List of
World Heritage in Danger"
Documents
WHC,11+35.CO+20
Decisions Adopted by the Word Heritage Coittee at its 35th Session (UNESCO -2011)
Context of Decson
WHC,11+35.CO+&A.Add
HP EXHIBIT 208
1719
Executive Board 187 EX/Decisions
*
PARIS, 30 November 2011
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 187th SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 21 September-6 October 2011)*
Hundred and eighty-seventh session
HP EXHIBIT 209
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(i)
TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS................................................................... 1
1 Agenda, timetable of work, election of the Chairpersons of the Committee on International
Non-Governmental Organizations (NGO), and the Programme and External Relations
Commission (PX).............................................................................................................. 1
2 Approval of the summary records of the 186th session.................................................... 1
3 Report by the Director-General on the application of Rule 59 of the Rules of Procedure
of the Executive Board...................................................................................................... 1
REPORTING ITEMS.................................................................................................................. 1
4 Report by the Director-General on the execution of the programme adopted
by the General Conference............................................................................................... 1
5 Report by the Director-General on the follow-up to decisions and resolutions adopted
by the Executive Board and the General Conference at their previous sessions............. 3
6 Reports by the Director-General on specific matters........................................................ 5
7 Reports by the governing bodies of UNESCO intergovernmental programmes
and category 1 institutes................................................................................................... 11
PROGRAMME MATTERS......................................................................................................... 12
8 Reports by the Director-General on education for all (EFA) ............................................. 12
[9 Invitations to the International Conference of States for the Revision of the 1981 Convention
on the Recognition of Studies, Certificates, Diplomas, Degrees and other Academic
Qualifications in Higher Education in the African States].................................................. 13
10 Revised draft strategy on UNESCO’s contribution to the promotion of open access to
scientific information and research ................................................................................... 13
11 Jerusalem and the implementation of 35 C/Resolution 49 and 186 EX/Decision 11........ 14
12 Implementation of 186 EX/Decision 12 on “The two Palestinian sites of al-Haram
al-Ibrāhīmī/Tomb of the Patriarchs in al-Khalīl/Hebron and the Bilāl ibn Rabāh Mosque/
Rachel’s Tomb in Bethlehem”........................................................................................... 14
13 Proclamation of a world radio day .................................................................................... 15
Institutes and centres................................................................................................................. 16
14 Category 2 institutes and centres ..................................................................................... 16
DRAFT PROGRAMME AND BUDGET FOR 2012-2013 (36 C/5)............................................. 21
15 Draft Programme and Budget for 2012-2013 (36 C/5) and recommendations
of the Executive Board...................................................................................................... 21
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(ii)
METHODS OF WORK OF THE ORGANIZATION .................................................................... 22
16 Reports of the Executive Board on its activities and programme implementation............ 22
17 Follow-up to the independent external evaluation of UNESCO........................................ 24
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS .................................. 28
18 Examination of the communications transmitted to the Committee on Conventions
and Recommendations in pursuance of 104 EX/Decision 3.3, and report
of the Committee thereon ................................................................................................. 28
19 Protocol instituting a Conciliation and Good Offices Commission to be responsible for
seeking the settlement of any disputes which may arise between States Parties to the
Convention against Discrimination in Education: nominations and report
of the Committee on Conventions and Recommendations thereon ................................. 28
20 Implementation of standard-setting instruments............................................................... 29
21 Report of the eleventh meeting of the Joint Expert Group UNESCO
(CR)/ECOSOC (CESCR) on the Monitoring of the Right to Education ............................ 34
22 Draft amendments to the Statutes of the International Fund for the Promotion
of Culture (IFPC)............................................................................................................... 35
23 Preliminary study on the technical and legal aspects relating to the desirability
of a standard-setting instrument concerning heritage preservation and the sustainable
development of tourism .................................................................................................... 35
24 Revision of the Statutes of the International Coordinating Council of the Programme
on Man and the Biosphere (MAB) and the Statutes of the International Advisory
Committee for Biosphere Reserves (187 EX/24; 187 EX/INF.7; 187 EX/54) ................... 36
25 Revision of the Statutes of the Intergovernmental Committee for Physical Education
and Sport (CIGEPS) (187 EX/25; 187 EX/54) .................................................................. 36
GENERAL CONFERENCE........................................................................................................ 37
26 Preparation of the 36th session of the General Conference............................................. 37
ADMINISTRATIVE AND FINANCIAL QUESTIONS .................................................................. 41
27 Financial report and audited consolidated financial statements for the year ended
31 December 2010 and report by the External Auditor .................................................... 41
28 Report by the Director-General on the actual position concerning all payment plans
agreed upon between UNESCO and Member States in arrears with their contributions . 41
29 Report by the Director-General on the analysis and proposals of the working group on the
implications of the application of International Public Sector Accounting Standards (IPSAS)
for the implementation of the incentive scheme for the prompt payment of contributions 42
30 Report by the Director-General, in cooperation with the Headquarters Committee,
on managing the UNESCO complex ................................................................................ 43
31 Capital Master Plan for UNESCO Headquarters .............................................................. 44
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(iii)
32 Report by the Director-General on the state of the Medical Benefits Fund (MBF) ........... 45
33 Report by the Director-General on the reform of the field network ................................... 46
[34 Report by the Director-General on the follow-up to recommendations
of the External Auditor: recruitment and end-of-service procedures] ............................... 47
35 New audits by the External Auditor................................................................................... 47
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS
AND INTERNATIONAL NON-GOVERNMENTAL ORGANIZATIONS....................................... 49
36 Terms of reference of the Committee on International Non-Governmental Organizations
(NGO) of the Executive Board.......................................................................................... 49
37 New Directives concerning UNESCO’s partnership with non-governmental organizations 49
38 Proposals for the celebration of anniversaries with which UNESCO could be associated
in 2012-2013, and appeals by Member States concerning their proposals...................... 49
[39 Relations with the Association of South-East Asian Nations (ASEAN), and draft
framework agreement between UNESCO and that regional organization] ...................... 52
40 Request for the admission of Palestine to UNESCO........................................................ 52
GENERAL.................................................................................................................................. 53
41 Implementation of 35 C/Resolution 75 and 186 EX/Decision 34 concerning educational
and cultural institutions in the occupied Arab territories ................................................... 53
42 Report by the Director-General on the reconstruction and development of Gaza:
implementation of 186 EX/Decision 35............................................................................. 53
ADDITIONAL ITEMS ................................................................................................................. 54
43 Invitations to the Meeting of the States Parties to the 1970 Convention on the Means
of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership
of Cultural Property........................................................................................................... 54
44 Organization of a world summit on multilingualism, following the International Year of
Languages (2008) proclaimed by the United Nations General Assembly, and for which
UNESCO was lead agency............................................................................................... 55
45 Enhancing global efforts to promote UNESCO human sciences...................................... 55
46 Proclamation of an international jazz day ......................................................................... 56
[47 Revision of the 1981 Regional Convention on the Recognition of Studies, Diplomas,
Degrees and other Academic Qualifications in Higher Education in the African States] .. 57
48 Implementation of 180 EX/Decision 57 on the UNESCO-Obiang Nguema Mbasogo
International Prize for Research in the Life Sciences....................................................... 57
49 Provisional rules of procedure and provisional agenda of the International Conference
of States for the Revision of the 1983 Regional Convention on the Recognition of Studies,
Diplomas and Degrees in Higher Education in Asia and the Pacific ................................ 57
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(iv)
PRIVATE MEETINGS................................................................................................................ 58
Announcement concerning the private meeting held on Wednesday 5 October 2011. ............. 58
3 Report by the Director-General on the application of Rule 59 of the Rules of Procedure
of the Executive Board...................................................................................................... 58
18 Examination of the communications transmitted to the Committee on Conventions
and Recommendations in pursuance of 104 EX/Decision 3.3, and report
of the Committee thereon ................................................................................................. 58
HP EXHIBIT 209
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187 EX/Decisions – page 14
11 Jerusalem and the implementation of 35 C/Resolution 49 and 186 EX/Decision 11
(187 EX/11; 187 EX/54)
After considering this item, the Programme and External Relations Commission (PX)
recommended by a vote taken by roll-call that the Executive Board adopt the following draft
decision, with 35 votes in favour, 1 vote against and 20 abstentions, the United States of
America having voted against; details of the vote are annexed to the summary record of the
seventh plenary meeting of the Board, at which the oral report of the PX Commission was
presented:
The Executive Board,
1. Having examined document 187 EX/11,
2. Recalls its previous decision 185 EX/Decision 14 concerning Jerusalem;
3. Notes that the status of Palestine is the subject of ongoing deliberations at the United
Nations in New York;
4. Also notes the lack of progress in the implementation of 185 EX/Decision 14;
5. Requests the Director-General to maintain her efforts to implement the abovementioned
decision;
6. Invites the Director-General to submit to it a follow-up report at its 189th session, and
decides to include this item in the agenda of its 189th session.
(187 EX/SR.7)
12 Implementation of 186 EX/Decision 12 on “The two Palestinian sites of al-Haram al-
Ibrāhīmī/Tomb of the Patriarchs in al-Khalīl/Hebron and the Bilāl ibn Rabāh
Mosque/Rachel’s Tomb in Bethlehem” (187 EX/12; 187 EX/54)
After considering this item, the Programme and External Relations Commission (PX)
recommended by a vote taken by roll-call that the Executive Board adopt the following draft
decision, with 43 votes in favour, 1 vote against and 12 abstentions, the United States of
America having voted against; details of the vote are annexed to the summary record of the
seventh plenary meeting of the Board, at which the oral report of the PX Commission was
presented:
The Executive Board,
1. Having examined document 187 EX/12,
2. Recalls its previous decision 185 EX/Decision 15 “The two Palestinian sites of al-
Haram al-Ibrahimi/Tomb of the Patriarchs in al-Khalīl/Hebron and the Bilāl ibn Rabāh
Mosque/Rachel’s Tomb in Bethlehem”;
3. Notes that the status of Palestine is the subject of ongoing deliberations at the United
Nations in New York;
4. Also notes the lack of progress in the implementation of 185 EX/Decision 15;
5. Requests the Director-General to maintain her efforts to implement the abovementioned
decision;
HP EXHIBIT 209
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WORLD HERITAGE CENTRE
REINFORCED MONITORING REPORT
December 2011
WORLD HERITAGE SITE OF THE OLD CITY OF JERUSALEM AND ITS WALLS
(INCLUDING THE ASCENT TO THE MUGHRABI GATE)
I. Introduction
1. The Reinforced Monitoring Mechanism, requested by the Executive Board at its 176th
session in April 2007 (176 EX/Special Plenary Meeting decision) and by the World Heritage
Committee at its 31st session in Christchurch, New Zealand (Decision 31 COM 5.2) in 2007,
has been applied to the issue of the Mughrabi Ascent in the Old City of Jerusalem. By its
Decision 31 COM 7A.18, the World Heritage Committee requested “the World Heritage
Centre to facilitate the professional encounter at the technical level between Israeli,
Jordanian and Waqf experts to discuss the detailed proposals for the proposed final design
of the Mughrabi Ascent, prior to any final decision”. Accordingly, two professional meetings
took place in Jerusalem on 13 January and 24 February 2008 between Israeli and Jordanian
(including Waqf) experts. Nine Reinforced Monitoring reports were prepared by the World
Heritage Centre (October 2007, February, March, May and October 2008, February 2009,
February-June and October 2010, February 2011) and forwarded to the members of the
World Heritage Committee and the concerned parties.
2. At its 35th session (Paris, UNESCO, June 2011), by its decision 35COM 7A.22
(attached), the World Heritage Committee decided to extend the application of the
Reinforced Monitoring Mechanism to the entire World Heritage property, i.e. the Old City of
Jerusalem and its Walls. Therefore, the present document reports on both the state of
conservation of the Old City and on the specific issue of the Ascent leading to the Mughrabi
Gate.
HP EXHIBIT 210
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II. 35th session of the World Heritage Committee
3. At its 35th session (Paris, UNESCO, June 2011), the World Heritage Committee
adopted Decision 35 COM 7A.22, in which it “encourages the Director-General of UNESCO
to take the necessary measures, in consultation and cooperation with the concerned parties,
to reactivate and reinvigorate the implementation of the short-, medium- and long-term
objectives of the Action Plan, including training, education and cultural activities, and the
preservation of sites and monuments of the Old City of Jerusalem and its Walls as inscribed
on the World Heritage List”.
4. In response to this decision, on 30 June 2011, the Permanent Delegate of Israel
addressed a letter to the Director-General of UNESCO presenting his comments of 27 June
to the Chairperson of the World Heritage Committee, considering that the decision is “null
and void” […] but will not “affect the cooperation with Jordan” or “with the World Heritage
Centre, according to previous consensus resolutions”. A second letter was addressed by the
Permanent Delegate of Israel to the Director of the World Heritage Centre on 12 September
2011, reiterating his rejection of the decision while indicating that “Israel […] is willing to
pursue a constructive dialogue with the Word Heritage Centre”. However, no answer was yet
received to the letters of April and July 2011 regarding the organisation of the reactive
monitoring mission to Jerusalem requested by the World Heritage Committee at its 34th
(Brasilia, 2010) and 35th (Paris, 2011) sessions. Moreover, in a letter dated 6 October 2011,
the Permanent Delegate of Israel indicated that “The Director-General has made it clear that
non-consensus decisions cannot be implemented” and proposes that “the World Heritage
Centre, as part of UNESCO’s secretariat, will follow the Director-General’s instructions and
will adhere to this principle”.
5. At the time of the session of the World Heritage Committee, attention had been raised
about works carried out by the Israeli authorities on the Walls of Jerusalem and in particular
at Damascus Gate, which might affect the authenticity of the site. A report on these works
was received by the World Heritage Centre on 26 October 2011 and forwarded to ICOMOS
and ICCROM for eventual comments.
III. 187th session of the Executive Board and 36th session of the General
Conference of UNESCO
6. At the 187th session of the Executive Board in September 2011, Decision 187EX/11
was adopted by roll-call vote, in which “the lack of progress in the implementation of the
UNESCO decision 185 EX/Decision 14” was noted. The Executive Board also adopted
Decision 187 EX/5 related to the Mughrabi Ascent, by consensus. A few weeks later, the
General Conference adopted Resolution 36C/43 by consensus. These three documents are
attached for easy reference.
7. On 1 November 2011, the Permanent Delegation of Jordan to UNESCO forwarded to
the World Heritage Centre comments by the Secretary-General of the Jordanian Ministry of
Foreign Affairs concerning “the language used” in the document 36C/43 presented to the
General Conference, which “does not correspond to the affirmative language adopted at
consecutive World Heritage Committee sessions”. This letter reiterates in particular the
concern of the Jordanian authorities regarding the “intrusive diggings and excavations
carried out by Israel in and around the Old City of Jerusalem” and “wishes to underscore the
indispensability to continue UNESCO’s guidance and direction towards fulfilling the
HP EXHIBIT 210
1727
obligations of all parties concerned including UNESCO towards the Old City of Jerusalem
and its Walls”.
8. In the recent weeks, some reports in the media announced the intention of the Israeli
authorities to either dismantle or close the temporary wooden ramp, unstable and
presumably dangerous, which had replaced the Mughrabi Ascent in order to access the
Mughrabi Gate. This intervention has been halted for the time being.
Attachments: Decision 35 COM 7A.22
Decision 187 EX/5
Decision 187 EX/11
Resolution 36 C/43
HP EXHIBIT 210
1728
Old City of Jerusalem and its Walls (site proposed by Jordan) (C 148 rev)
Decision: 35 COM 7A.22
The World Heritage Committee,
1. Having examined Document WHC-11/35.COM/7A.Add,
2. Recalling Decision 34 COM 7A.20, adopted at its 34th session (Brasilia, 2010),
3. Recalling the relevant provisions on the protection of cultural heritage including the
four Geneva Conventions (1949), the Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict of 1954, the Convention for the Protection of
the World Cultural and Natural Heritage of 1972, the inscription of the Old City of
Jerusalem and its Walls at the request of Jordan on the World Heritage List (1981) and
on the List of World Heritage in Danger (1982), and the recommendations, resolutions
and decisions of UNESCO,
4. Reaffirming that nothing in the present decision, which aims at the safeguarding of the
cultural heritage of the Old City of Jerusalem and its Walls, shall in any way affect the
relevant United Nations resolutions and decisions, in particular the relevant Security
Council resolutions on the legal status of Jerusalem,
5. Affirming the importance of maintaining the integrity and authenticity in the Old City of
Jerusalem and its Walls on both sides,
6. Affirms the necessity of cooperation to facilitate access to the Old City of Jerusalem
and its Walls, including heritage sites therein, in the context of the UNESCO
Conventions for the protection of the cultural heritage, and recognizes the concerns
expressed regarding the restricting obstacles imposed by the Israeli authorities on the
freedom of access;
7. Thanks international donors for their generous contributions to the UNESCO Action
Plan for the Safeguarding of the Cultural Heritage of the Old City of Jerusalem and
both sides of its Walls, and calls upon the international donor community to further
support, through extra-budgetary funding, activities aimed at the safeguarding of the
integrity, and authenticity of the cultural heritage of the Old City of Jerusalem and both
sides of its Walls;
8. Requests the World Heritage Centre to make technical expertise and assistance
available for the current and future conservation works foreseen in and around the Old
City of Jerusalem and its Walls, taking into consideration the activities foreseen in the
context of the Action Plan, as needed;
9. Regrets the Israeli refusal to comply with the World Heritage Centre and UNESCO
decisions and requests Israel to timely cooperate and facilitate the implementation of
HP EXHIBIT 210
1729
the World Heritage Committee Decision 34 COM7A.20 which requests, inter alia, a
joint World Heritage Centre/ICCROM/ICOMOS reactive monitoring mission to the Old
City of Jerusalem and its Walls;
10. Also regrets the persistence of the Israeli archaeological excavations and works in the
Old City of Jerusalem and on both sides of its Walls, and the failure of Israel to provide
the World Heritage Centre with adequate and comprehensive information about its
archeological activities thereon, and asks the Israeli authorities to cease such
excavations and works in conformity with the UNESCO Conventions for the protection
of cultural heritage;
11. Asks, in this regard, that the World Heritage Centre states in its relevant reports on the
obstacles related to the provision of such information by the Israeli authorities and also
requests the World Heritage Centre to play a proactive role;
12. Further requests the World Heritage Centre to apply the Reinforced Monitoring
Mechanism to the Old City of Jerusalem and on both sides of its Walls, and also
requests that the World Heritage Centre validates in a concrete manner the flow of
information provided by the concerned parties on the ongoing activities in and around
the Old City of Jerusalem and its Walls;
13. Encourages the Director-General of UNESCO to take the necessary measures, in
consultation and cooperation with the concerned parties, to reactivate and reinvigorate
the implementation of the short-, medium- and long-term objectives of the Action Plan,
including training, education and cultural activities, and the preservation of sites and
monuments of the Old City of Jerusalem and its Walls as inscribed on the World
Heritage List;
14. Thanks the Director-General of UNESCO and the World Heritage Centre for steps
undertaken in the implementation of the Action Plan for the Safeguarding of the
Cultural Heritage of the Old City of Jerusalem and further requests them to report on
this matter and on the state of conservation of the property at its 36th session in 2012;
II
15. Recalling 176 EX/Special Plenary Meeting/Decision, adopted by the Executive Board
of UNESCO at its 176th session, World Heritage Committee Decision 34 COM 7A.20,
and relevant Executive Board decisions,
16. Noting the Sixth, Seventh, Eighth and Ninth Reinforced Monitoring Reports prepared
by the World Heritage Centre,
17. Recognizes the concerns regarding the decision by the Jerusalem District Planning
and Construction Commission on the town planning scheme for the Mughrabi Ascent
and the subsequent decision by Israel’s National Council for Planning and
Construction to adopt “an alternative plan for the Mughrabi Ascent”, approved on 31
October 2010 by the above-mentioned Commission;
18. Reaffirms, in this regard, that no measures, unilateral or otherwise, should be taken
including those which may affect the authenticity and integrity of the site, in
contravention with the relevant provisions of the Hague Convention for the Protection
of Cultural Property in the Event of Armed Conflict of 1954 and of the Convention for
the Protection of the World Cultural and Natural Heritage of 1972;
HP EXHIBIT 210
1730
19. Acknowledges receipt of the Jordanian design for the restoration and preservation of
the Mughrabi Ascent, submitted to the World Heritage Centre on 27 May 2011, and
thanks Jordan for its cooperation, in accordance with the relevant provisions of
UNESCO Conventions for the protection of cultural heritage;
20. Also reaffirms, in this regard, that the UNESCO process for the follow up of the design
of the Mughrabi Ascent is to be coordinated with all parties concerned, in accordance
with the spirit and content of previous World Heritage Committee decisions, despite
the fact that Israel is informing the World Heritage Centre with its “alternative plan for
the Mughrabi Ascent”, and requests that the World Heritage Centre be proactive and
follows closely, in the context of the Reinforced Monitoring Mechanism, the
developments associated with this process;
21. Notes with satisfaction the access provided by Israel to the Mughrabi Ascent for
Jordanian and Waqf experts on 23 May, 8 August and 28 November 2010 and
reiterates its request that Israel continues the cooperation commenced with all
concerned parties, in particular with Jordanian and Waqf experts;
22. Reiterates the call on the Director-General of UNESCO to organize a follow-up
meeting of experts as soon as possible, once the parties concerned have reached an
agreement;
23. Decides to continue applying the Reinforced Monitoring Mechanism for the state of
conservation of the Mughrabi Ascent, and further requests a report from the World
Heritage Centre at least every three months, until the 36th session of the World
Heritage Committee in 2012;
III
24. Decides to retain the Old City of Jerusalem and its Walls on the List of World
Heritage in Danger.
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187 EX/Decisions – Extracts
5 Report by the Director-General on the follow-up to decisions and resolutions adopted
by the Executive Board and the General Conference at their previous sessions
(187 EX/5; 187 EX/54)
Implementation of 35 C/Resolution 49 and 186 EX/Decision 5
relating to the Ascent to the Mughrabi Gate in the Old City of Jerusalem1
The Executive Board,
1. Having examined document 187 EX/5,
2. Recalling previous UNESCO decisions, including 176 EX/Special Plenary
Meeting/Decision, and the decision of the World Heritage Committee at its 34th session
(Brasilia, 2010) relating to the Ascent to the Mughrabi Gate in the Old City of Jerusalem,
3. Also recalling the relevant provisions on the protection of cultural heritage including in
the four Geneva Conventions (1949), the relevant provisions of the Hague Convention
for the Protection of Cultural Property in the Event of Armed Conflict of 1954, the
Convention for the Protection of the World Cultural and Natural Heritage of 1972, the
inscription of the Old City of Jerusalem and its Walls at the request of Jordan on the
World Heritage List (1981) and on the List of World Heritage in Danger (1982), and the
recommendations, resolutions and decisions of UNESCO,
4. Reaffirming the purpose and spirit of the professional encounter at the technical level of
13 January 2008, as well as the follow-up meeting of 24 February 2008,
5. Noting the Sixth Reinforced, Seventh, Eighth and Ninth Monitoring Reports and its
addendum prepared by the World Heritage Centre,
6. Recognizes the concerns raised in this regard about the decision by the Jerusalem
District Planning and Construction Commission on the town planning scheme for the
Mughrabi Ascent, and the subsequent decision by Israel’s National Council for
Planning and Construction to adopt “an alternative plan for the Mughrabi Ascent”,
approved on 31 October 2010 by the above-mentioned Commission;
7. Requests that, despite the decisions mentioned in paragraph 6, the process for the
design of the Mughrabi Ascent be inclusive of all parties concerned, in accordance with
the obligations and duties of such parties, as stipulated in the content of previous
World Heritage Committee decisions;
8. Reaffirms in this regard, that no measures, unilateral or otherwise, should be taken
which may affect the authenticity and integrity of the site, in accordance with the
Convention for the Protection of the World Cultural and Natural Heritage of 1972 and
the relevant provisions on the protection of cultural heritage of the Hague Convention
for the Protection of Cultural Property in the Event of Armed Conflict of 1954;
9. Notes the request made by the World Heritage Committee in previous decisions, and
asks, in this regard, that the Israeli authorities continue full cooperation with all
concerned parties, in particular with Jordanian and Waqf experts;
10. Acknowledges receipt of the Jordanian design for the restoration and preservation of
the Mughrabi Ascent, submitted to the World Heritage Centre on 27 May 2011, and
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thanks Jordan for its cooperation in accordance with the relevant provisions of
UNESCO conventions for the protection of cultural heritage;
11. Affirms, in this regard, that the UNESCO-initiated process for the follow-up of the
design of the Mughrabi Ascent, which is aimed at proactively facilitating an accepted
and monitored solution concerning the Mughrabi Ascent among all parties concerned
should be coordinated with all such parties, in accordance with the spirit and content of
previous World Heritage Committee decisions;
12. Acknowledges in this regard, the concerns raised regarding Israel’s submission and the
content of its alternative plan for the Mughrabi Ascent, referred to in paragraph 6, and
requests that the World Heritage Centre be proactive and follow closely, in the context
of the Reinforced Monitoring Mechanism, the developments associated with this
process;
13. Notes with satisfaction the access provided by Israel to the Mughrabi Ascent for
Jordanian and Waqf experts on 23 May, 8 August and 28 November 2010, and
reiterates its request that Israel continues the cooperation commenced with all parties
concerned, in particular with Jordanian and Waqf experts to enable agreement on,
among all parties concerned, and implementation of a final design for the restoration
and preservation of the Mughrabi Ascent;
14. Also notes in this regard, reports of preliminary discussions between Jordan and Israel
concerning the Mughrabi Ascent, which stipulate, inter alia, that no measures,
unilateral or otherwise, shall be taken on the site, in accordance with paragraph 8
above, and the necessity of an accepted design and implementation thereof among all
parties concerned, and welcomes the recognition by the parties concerned of the need
for coordination on this issue;
15. Expresses its thanks to the Director-General for the action she is taking to facilitate the
dialogue and professional exchanges among all the parties concerned;
16. Reiterates the call by the Director-General to organize a follow-up meeting of experts
as soon as possible, once the parties concerned have reached an agreement;
17. Invites the Director-General to submit to it a progress report on this matter at its 189th
session.
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11 Jerusalem and the implementation of 35 C/Resolution 49 and 186 EX/Decision 11
(187 EX/11; 187 EX/54)
After considering this item, the Programme and External Relations Commission (PX)
recommended by a vote taken by roll-call that the Executive Board adopt the following draft
decision, with 35 votes in favour, 1 vote against and 20 abstentions, the United States of
America having voted against; details of the vote are annexed to the summary record of the
seventh plenary meeting of the Board, at which the oral report of the PX Commission was
presented:
The Executive Board,
1. Having examined document 187 EX/11,
2. Recalls its previous decision 185 EX/Decision 14 concerning Jerusalem;
3. Notes that the status of Palestine is the subject of ongoing deliberations at the United
Nations in New York;
4. Also notes the lack of progress in the implementation of 185 EX/Decision 14;
5. Requests the Director-General to maintain her efforts to implement the above
mentioned decision;
6. Invites the Director-General to submit to it a follow-up report at its 189th session, and
decides to include this item in the agenda of its 189th session.
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36th session of the General Conference, 2011
Resolution 36 C/43: JERUSALEM AND THE IMPLEMENTATION OF 35 C/RESOLUTION 49
The General Conference,
Recalling 35 C/Resolution 49, as well as the provisions of the four Geneva Conventions (1949),
The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict
1954) and the related Protocols, and the Convention for the Protection of the World Cultural and
Natural Heritage (1972), the inscription of the Old City of Jerusalem on the World Heritage List
and on the List of World Heritage in Danger, and the recommendations, resolutions and
decisions of UNESCO on the protection of cultural heritage,
Affirming that nothing in the present resolution, which is aimed at the safeguarding of the
cultural heritage of the Old City of Jerusalem, shall in any way affect the relevant United Nations
resolutions and decisions, in particular the relevant Security Council resolutions on the legal
status of Jerusalem,
Having examined documents 36 C/16, 36 C/16 Add., and 36 C/16 Add.2,
1. Expresses its sincere thanks to the Director-General for her sustained efforts for the
safeguarding of the cultural heritage of the Old City of Jerusalem, in compliance with 35
C/Resolution 49 of the General Conference, and reiterates its concern as to the obstacles and
practices, unilateral or otherwise, affecting the preservation of the distinctive character of the
Old City of Jerusalem;
2. Thanks international donors for their generous contributions to the UNESCO Action Plan for
the Safeguarding of the Cultural Heritage of the Old City of Jerusalem, and calls upon Member
States and the international donor community to further support, through extrabudgetary
funding, activities aimed at the safeguarding of the cultural heritage of the Old City of
Jerusalem, in particular in the context of the Action Plan;
3. Expresses its gratitude to the Director-General for the progress made in the implementation
of conservation, restoration and training activities in the Old City of Jerusalem, in particular with
regard to the development of an architectural heritage conservation institute in partnership with
the Welfare Association, thanks to a financial contribution from the European Commission, the
successful establishment of the Al-Aqsa Centre for the Restoration of Islamic Manuscripts in al-
Ashrafiya Madrasa, and the refurbishment and revitalization of the Islamic Museum of al-Haram
ash-Sharif, thanks to the generous financial contribution from the Kingdom of Saudi Arabia;
4. Recognizes the concerns raised about the Israeli archaeological excavations and works in
the “Old City and on both sides of the walls” of the Old City of Jerusalem and its Walls;
5. Invites the Director-General to pursue his efforts with the parties concerned for the
safeguarding of the outstanding universal value of the Old City of Jerusalem;
6. Recalling that this item is included in the agenda of the 189th session of the Executive Board,
7. Invites the Director-General to present to it at its 37th session a progress report on the
implementation of the above-mentioned Action Plan, and decides to inscribe this item on the
agenda of its 37th session.
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