A Presentation of the Geneva Accord

A Presentation of the Geneva Accord

Between Israel and PLO

With Reference to Precedent Agreements

Second Part

Jerusalem

Fribourg 22 November 2003

Asem Khalil

Asem Khalil. Born in Zababdeh, West Bank/the Occupied Palestinian Territories on 1976. B.A. in Philosophy (1997), B.A./Master/PhD. in Law (Utriusque Iuris) from the Lateran University in Rome, 2003. Now, preparing a thesis to obtain Ph.D. in Public Law, from the University of Fribourg/Switzerland. Proposed title of the thesis: "The Constituent Power of the Palestinian People". For comments, proposals, suggestions, please contact the author of the dissertation at: asemkhalil@gawab.com

1. Jerusalem Capital of two states

1.1. Article 6.2. we read that Jerusalem shall be the capital of the state of Israel and the state of Palestine. This is a compromise in order to satisfy the demands of the two parties. The motivation is that this city is holy for the three monotheistic religions. Those believers may be Palestinians or Israelis, bur also pilgrims from all over the world.

1.2. The above article followed the declaration of parties of their recognition of “the universal historic, religious, spiritual, and cultural significance of Jerusalem and its holiness enshrined in Judaism, Christianity, and Islam” (6.1). It is interesting to underline that parties accepted to conserve and to respect the status quo, expressed as follows: “the Parties reaffirm their commitment … to respect the existing division of administrative functions and traditional practices between different denominations”. This article provides the creation of an “inter-faith body consisting of representatives of the three monotheistic faiths, to act as a consultative body to the Parties on matters related to the city’s religious significance and to promote inter-religious understanding and dialogue”. During the Camp David summit, the religious leaders wrote a letter to Mr. Clinton in which they asked him to take in consideration the religious leaders views, when treating the question of Jerusalem.

1.3. Jerusalem is the capital for two states (with a non-devised Jerusalem’s Old city as in 6.7.). Still, it is not a question of mutual sovereignty. This is regulated with the details in the agreement. Map 2 indicated in article 6.3. is the reference. As for the borders, it is stipulated that it shall be in accordance to article 11 that will be subject of our study in a different chapter. For the moment we can say that there will be a kind of border regime between the parties that is presented in very general terms. This border regime will take in consideration the particularity of Jerusalem.

2. Al-haram- Ash-sharif – Temple Mount (Compound) article 6.5.

2.1. The same title of this article is interesting. It includes mutual recognition of the religious importance and reference of that place. For Muslims this is the Haram al-sharif. In the same time, they recognise the fact that once there was a temple (just down there). This temple was the holiest place for Jews. It was destroyed several times, but the last one was by the roman Titus, after the Jewish revolution in Jerusalem, in the first century A.D. At the same time, the Israeli state, recognise the fact that this place is –and was for centuries- one of the holiest places for Muslims. They reject any fanatic Jewish ideologies calling for the destruction of the al-haram, and the re-building of the temple. It is logic then that parties join the agreement that “there shall be no digging, excavation, or construction on the Compound, unless approved by the two Parties”.

2.2. An international group composed of the Implementation and Verification Group (IVG) and other parties with Multinational presence in the compound. They have to “monitor, verify, and assist in the implementation” of what the parties agree upon. Parties can complain to the International group that investigates and verify the consistence of these complaints.

2.3. The State of Palestine has the security responsibility in the compound. Security members can be Palestinians but also from the multinational forces. The transfer of authority is regulated by the agreement, until then, al organs shall continue their functions. Once the withdrawal is ended, the “state of Palestine shall assert sovereignty over the Compound”. This sovereignty over the compound does not change the status of the Wailing Wall that “shall be under Israeli sovereignty”. While the Mount of Olives Cemetery (6.8.) and the Western Wall Tunnel (6.10.a) will be under the Israeli administration only.

3. The Old City

3.1. “The Parties view the Old City as one whole enjoying a unique character” (6.7.a) this mean that the religious communities’ position regarding the old city was taken in consideration. That means concretely that “movement within the Old City shall be free and unimpeded”. All these regulations can be suspended in case of emergency, also for limited time, unless the other parties consulted.

3.2. The two principles that will guide the parties in any decision regarding the Old City and in its administration are 1. the preservation of this unique character together with 2. safeguarding and promoting the welfare of the inhabitants. The parties agree to act in accordance with the fact that the Old City is part of the UNESCO World Cultural Heritage List.

3.3. The role of the IVG is essential in the Old City in coordination with the Old City Committee of the Jerusalem Coordination and Development Committee (JCDC). The IVG shall establish a special Policy Unit for the Old City. The number of Israelis and Palestinians in this unit shall be agreed on. It is interesting to notice that the agreement gives a role to USA and not to the IVG in relation to the coordination between parties in security and intelligence.

3.4. Entries and Exit of the Old Cities will be under the sovereignty of the state where the point falls. In the map, it is shown that two gates will be under the Israeli’s control (to the Jewish and Armenian quarter), four under the Palestinian’s control (to the Christian and Muslim quarters) and one mixed (Jaffa Gate), that is regulated apart (6.7.2.f). The entrance to the Old city does not give persons the permission to exit to the other’s state without valid authorisation.

4. The Municipal Coordination and The Jerusalemites

4.1. The two Jerusalem municipalities shall form a Jerusalem Co-ordination and Development Committee ("JCDC") to oversee the cooperation and coordination between the Palestinian Jerusalem municipality and the Israeli Jerusalem municipality (6.11.a). The JDCC shall be composed of Israelis and Palestinians in equal number, and shall have the following sub-comities: a Planning and Zoning Committee, a Hydro Infrastructure Committee, a Transport Committee, an Environmental Committee, an Economic and Development Committee A Police and Emergency Services Committee, an Old City Committee Other Committees as agreed in the JCDC.

4.2. The agreement provides that the Jerusalemites with Israeli citizenship shall loose this status, upon the transfer of authority to Palestine (6.12). Some may urge that this is a discriminative article towards the Jerusalemites since they are not consulted in maintaining or loosing their status. Loosing their status, in my point of view, shall be determined individually since some Palestinians of Jerusalem prefer the social system in Israel, and their interests shall be taken in consideration. At the same time, parties shall create an attractive social system in the future state of Palestine equal or similar to that of Israel. That’s why parties will apply certain socio-economic spheres interim measures to ensure the agreed, expeditious, and orderly transfer of powers and obligations from Israel to Palestine. This shall be done in a manner that preserves the accumulated socio-economic rights of the residents of East Jerusalem (6.13).