The Jerusalem Question and Its Resolution: Selected Documents

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Rūt Lapīdōt, Moshe Hirsch
Martinus Nijhoff Publishers, 1994 - Political Science - 542 pages
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It is a universally accepted truism that Jerusalem is a unique city. It stirs up strong emotions among adherents of various religions as it is the centre of three religions, and it is subject of conflicting national aspirations of two peoples. The diverse attitudes and wishes associated with the city are expressed, inter alia, in certain documents. This collection is meant to present to the reader the most important of these documents. This, it is hoped, will help to understand the difficulties and may assist in the search for solutions. There may be differences of opinion over historical facts and the documents may be subject to differing interpretations. Convenient access to the relevant documents is a prerequisite for any attempt to understand the problem and seek solutions.
The collection includes documents concerning the status of Jerusalem from the point of view of Israel's law and administration, as well as documents from the Arab world and from the international sphere. The editors have focused on official documents and in particular on those that have had a practical influence on the status of the city, or are likely to do so in the future.
The collection will assist students and scholars who seek to understand the special status of Jerusalem, as well as politicians and diplomats who are responsible for ensuring its welfare and prosperity.
  

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Contents

1 Terms of the British Mandate for Palestine confirmed
1
5 U N General Assembly Resolution 185 S2 concerning
18
9 Proclamation no 1 of the Israel Defense Forces in Jerusalem
27
10 Proclamation no 2 of the Israel Defense Forces
28
14 Statement made by the representative of Israel Abba Eban
43
16 Statement by the Foreign Minister of Israel Moshe Sharett
74
19 Communications from religious communities and from
87
20 Declaration of the Knesset concerning the removal of the Knesset
105
57 Statement made by Israels Prime Minister Golda Meir in
294
60 Answers by the President of the United States Jimmy Carter
301
63 Statement received from the Permanent Observer of the Holy
309
67 Speech by the Holy See on the question of Jerusalem 21 June 1980
316
Jerusalem Capital of Israel 30 July 1980
322
73 U N Security Council Resolution 478 following the enactment
351
77 Nomination of the Old City of Jerusalem for inscription on
358
79 President Reagans Peace Initiative and accompanying
364

21 Statement by the Ambassador of Israel Abba Eban in the U
106
112 The Orthodox Coptic Motar an of the Holy See in Jerusalem
112
23 Letter of the Permanent Representative of Israel to the U N
135
25 Draft Resolution tabled by Sweden in the General Assembly
149
33 Address of Israels Prime Minister Levi Eshkol to the Chief Rabbis
163
37 Israels Protection of the Holy Places Law 57271967
169
41 U N General Assembly Resolution 2254 ESV following
178
44 Security Council Resolution 252 concerning the application
230
45 Statement made by the Government of Israel on payment
231
51 Statements on Jerusalem made by religious personalities
252
52 U N Security Council Resolution 298 deploring the failure
275
56 King Husseins plan for a federation 15 March 1972
291
85 Toast by Israels President Haim Herzog in honor of President Luis
428
88 UNESCO General Conference Resolution 11 6 concerning
434
90 The Political Communique of the Palestine National Council
437
95 Statement made by the President of the United States George Bush
450
101 Israels Attorney Generals Guidelines concerning the observance
471
107 BenDov vs Minister of Religious Affairs Israel Supreme Court
487
110 National Groups vs Minister of Police Israel Supreme Court
500
113 Burkan vs The Minister of Finance Israel Supreme Court
516
114 State of Israel vs Livni District Court of Jerusalem 22 July 1985
522
115 Awad vs Shamir Israel Supreme Court sitting as a High Court
529
116 Attorney General vs Davis District Court of Jerusalem
535
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About the author (1994)

Ruth Lapidoth is professor of international law at the Hebrew University of Jerusalem and member of the Permanent Court of Arbitration in The Hague. As legal adviser to the Israeli Ministry of Foreign Affairs during the early post Camp David peace process, she participated actively in negotiations on Palestinian autonomy. She was a fellow at the United States Institute of Peace in 1990 91.

Senior Lecturer, Faculty of Law and Department of International Relations, Hebrew University of Jerusalem, Israel.

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