As Palestinians all over the world mark 70 years since the Nakba and the dispossession of Palestinians, the United States, under President Trump, has moved its Embassy to Jerusalem. Trump’s December 6 announcement expressing his intention to move the Embassy, and declaring Jerusalem as the capital of Israel, breaks seven decades of US policy on Jerusalem and stands in contravention to international law and the Palestinian right to self-determination and permanent sovereignty.The city of Jerusalem is an integral part of Palestine, and has remained so even with Israel’s targeted campaign to rid the city of its Palestinian residents beginning in 1948. As recognized by the international community, Israel does not have sovereign rights over the city. This status has been reflected in numerous UN Security Council and General Assembly Resolutions. Most recently, the United Nations General Assembly Resolution ES‑10/L.22 on the Status of Jerusalem, adopted on 21 December 2017, reaffirmed prior United Nation Security Council Resolutions, including by holding “any decisions and actions which purport to have altered the character, status or demographic composition of the Holy City of Jerusalem have no legal effect, are null and void.”[1]
The move of the US embassy to Jerusalem constitutes a flagrant violation of the customary international law prohibition against not recognizing an illegal situation as lawful, including the “inadmissibility of the acquisition of territory by force.”[2]Al-Haq further underscores the daily violence experienced by Palestinians in Jerusalem, due to Israel’s occupation of the city, including home demolitions, residency revocations, and land appropriation. These policies, alongside Israel’s stated goal of a 70:30 Jewish to Palestinian demographic ratio in Jerusalem, areexpressly racist, and should move third States, including the US, to question their relations with such a regime and act to end its unlawful policies. Al-Haq calls on third states to:
- Continue to not recognize Israel’s unilateral sovereignty over Jerusalem, in line with international law and UN resolutions;
- Continue to publicly denounce the U.S. Embassy move to Jerusalem, including by refraining from establishing embassies in the city, and abstaining from meetings or events at the U.S. Embassy in Jerusalem;
- Ensure the implementation of international law and the protection of the Palestinian people, including through the implementation of sanctions and other measures, until Israel adheres to its obligations as a member of the UN and occupying power;
- Fully cooperate with the preliminary examination of the International Criminal Court;
- Take concrete and immediate measures to end Israel’s prolonged occupation of the occupied Palestinian territory, and ensure effective remedy and redress for all Palestinians.
[1]UN General Assembly Resolution ES- 10/19, adopted on 21 December 2017, para. 1, available at http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/ES-10/19&referer=http://ask.un.org/faq/214435&Lang=E.
[2] UN Security Council Resolution 2334, adopted 23 December 2006.