What is the international legal status of Jerusalem?
Jerusalem as the capital of the state claimed by both Israelis and Palestinians. However, at present the whole city is under Israeli control. The international legal status of Jerusalem has never conclusively been determined.
If you follow the decision of the international community, this city actually should be under the control of the United Nations. It was adopted in 1947, the decision of the UN General Assembly.
What provided the UN resolution of 1947?
UN resolution 181 provided for the division of Palestine into two States — Jewish and Arab. However, Jerusalem was to belong to neither one nor the other. It was supposed to demilitarize the city and its transfer under international control. Ten years later, it was planned to hold a referendum in which the inhabitants of Jerusalem would determine its future status.
Why this plan was not implemented?
The plan was enemies with both the Jewish and the Arab side. After the adoption of the UN resolution in Palestine, the frequent clashes between Jews and Arabs.
After the Declaration of independence of Israel on 14 may 1948, the armed forces of Jordan, Egypt, Syria, Iraq and Lebanon attacked the newly-established state. The result of this war, Jerusalem was divided into the Eastern part controlled by Jordan, and the Western part controlled by Israel.
What is the status of Jerusalem after the conquest by Israel of its Eastern part?
In 1950 Israel proclaimed Jerusalem as capital and accommodated the government offices in the Western part of the city. In the six day war in 1967, Israel conquered Jordan controlled the Eastern part of the city. Since there were laws of Israel.
In 1980, the Israeli Parliament, the Knesset, declared the entire territory of the city the indivisible capital of Israel. The UN security Council resolution No. 478 declared the annexation null and void and since then has repeatedly confirmed this position.
And how do the Palestinians define the status of Jerusalem?
The organization for the liberation of Palestine in 1988 declared the creation of the state of Palestine, while appointing the capital of Jerusalem. Before that, from claims on the Eastern part of the city, as well as in the Palestinian territory refused Jordan.
In the framework of rapprochement between Palestinians and Israelis, the status and affiliation of Jerusalem was deliberately left out of the equation. Peace Treaty in 1993 is assumed that the subject would be a separate agreement. Meanwhile, 136 of the 193 member States of the UN recognize the state of Palestine with its capital in Jerusalem.
That will change the decision trump the status of Jerusalem?
The fact that the US is Israel's position on the issue of Jerusalem, does not change the situation from the point of view of international law. For most countries, the question of Jerusalem's final status will remain pending. They will wait for an agreement in principle between leaders of Israel and the Palestinian authority on the establishment of a Palestinian state and the settlement of the Arab-Israeli conflict.
In this case, and the problem of Jerusalem could obtain a new solution. The decision trump is likely to delay the conclusion of a peace agreement.