用户:JKessvinJ/沙盒/英国上议院

2018 United Nations OCHA map of the area, showing Israeli occupation arrangements
East Jerusalem zoning
Map of East Jerusalem. The Arab areas are coloured green, while the Jewish areas are blue.

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东耶路撒冷(阿拉伯语:القدس الشرقية‎,拉丁化al-Quds al-Sharqit希伯来语מִזְרַח יְרוּשָׁלַיִם‬,拉丁化Mizraḥ Yerushalayim)为1948年第一次中东战争后由约旦控制的耶路撒冷市区,与由以色列控制的西耶路撒冷相对应。[a]自1967年第三次中东战争起东耶路撒冷也被以色列控制,并被国际社会视为以色列占领区之一。

东耶路撒冷一地包括了耶路撒冷旧城犹太教基督教伊斯兰教一些最神圣的圣地,如西墙圣殿山圣墓教堂,以及部分相邻社区。以色列与巴勒斯坦对东耶路撒冷一词的定义不同,[b]巴勒斯坦当局依照1949年停战协议,而以色列当局则是依照现耶路撒冷的行政区划(基于1967年第三次中东战争后的行政区划)来定义东耶路撒冷。

尽管东耶路撒冷一词意指“耶路撒冷东部”,其范围其实也包括旧城以北和以南的社区,甚至依照广义定义也包括部分旧城以西的社区。国际社会将以色列在西岸地区和东耶路撒冷建立的定居点视为非法,并不予承认。

耶路撒冷在1948年的第一次以阿战争中被约旦和以色列所争夺。双方在停战后秘密协定分治耶路撒冷,东部交由约旦统治,并在1949年3月签订的罗德岛协议中落实。[3][c]

时任以色列总理戴维·本-古里安在1949年12月曾指“一个犹太人的耶路撒冷是以色列国中有机且不可分割的一部分”,[5]而约旦亦在翌年正式吞并东耶路撒冷。[6][7]两者均分别在1950年1月和1950年4月被各自国会所确认。[8]按照美国政治学家伊恩·鲁斯提克英语Ian Lustick的说法,尽管东耶路撒冷和其周边地区从1967年第三次中东战争起一直被以色列控制,但其从未被正式吞并[d]联合国大会也一致通过决议宣告所有单方面改变耶路撒冷地位的决定均为无效。[11]

巴勒斯坦解放组织(巴解)在1988年所通过的《巴勒斯坦独立宣言》中表明耶路撒冷为巴勒斯坦国的首都。而巴勒斯坦自治政府亦在2000年通过决议宣告耶路撒冷为其首都,决议亦在2002年10月获自治政府主席亚西尔·阿拉法特确认。[12]此后以色列关闭东耶路撒冷境内所有与巴解有关的非政府组织,并指1993年签署的《奥斯陆协议》并不允许巴勒斯坦自治政府在耶路撒冷运作。[e]2017年12月13日伊斯兰合作组织承认东耶路撒冷为巴勒斯坦国的首都。

自2017年特朗普当选美国总统起,发给东耶路撒冷境内以色列定居点的建筑执照按年增加六成。而巴勒斯坦人虽然为当地主要人口,但获批的建筑执照从1991年迄今只占总数三成。[14]

Template:Israel-Palestinian peace process

名称

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1967年6月27日以色列将原只包括西耶路撒冷的行政区划扩大至包括约70平方公里的西岸领土,即为现时一般所指的东耶路撒冷。其当中包括了约旦在1948年后控制的耶路撒冷市区(6平方公里)和隶属邻近伯利恒贝特雅拉英语Beit Jala的28个聚落(64平方公里)。[15][16][17]

阿拉伯人一般称东耶路撒冷为“阿拉伯耶路撒冷”(Arab Jerusalem)以表明其人口以操阿拉伯语的巴勒斯坦人为主,而以色列则按地理位置称其为东耶路撒冷(East Jerusalem)。[18]

历史

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史前时代

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东耶路撒冷一带自公元前5000年起已有人类居住,亦曾发现铜石并用时代的村庄遗址。现存部分墓穴可追溯至约公元前3200年青铜时代。公元前二世纪人类主要聚居在大卫城周遭以取用邻近基训泉英语Gihon Spring之泉水。当时迦南人兴建大量建筑,并以修筑水道将水源引至城内水池。大卫城之城墙厚达七米,以重达三吨的石头所建。[19][20]

 
Old Roman era gate beneath the Damascus Gate (Bab al-'Amud) in Jerusalem

英国托管时期(1917年-1948年)

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1934年托管地当局定出耶路撒冷市界,并将耶路撒冷分成12个英语Ward (electoral subdivision)(Ward)以选出市议员。尽管锡安主义支持者指责选区分界偏袒巴勒斯坦人,使其能在市议会中占多数,但政治学家Michael Dumper指出分界其实被杰利蝾螈化以有利犹太人(西边边界被加上一个“勾”以尽量只包含犹太人社区;东边边界只达旧城城墙,以排除阿拉伯人占多数的西尔万英语Silwan拉斯阿穆英语Ras al-Amud图尔英语At-Tur (Mount of Olives)阿布托英语Abu Tor社区)。托管地当局一直沿用该市界至1948年。[21]到1947年时虽然托管地耶路撒冷区的主要人口为巴勒斯坦人,但耶路撒冷市内大多数人口仍为犹太人。[22]在东耶路撒冷一带犹太人主要集中在旧城内,亦有部分散居在西尔万和谢赫·贾拉社区中。[23]

第一次中东战争及其影响

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位处耶路撒冷的三十处宗教圣地中只有三处位处西耶路撒冷,其他均在东耶路撒冷境内。[24]在1948年第一次中东战争期间,大部分耶路撒冷的宗教场所和墓地均被战火波及,留下弹痕。[25]以色列和外约旦双方在1949年停战后协议分治耶路撒冷,西耶路撒冷交由以色列统治,而穆斯林基督徒人口占多的东耶路撒冷则交由约旦统治。国际社会并不承认两国对耶路撒冷的分治。[26]

旧城中的犹太区耶路撒冷战役英语Battle for Jerusalem中为约旦阿拉伯军团英语Arab Legion和以色列国防军伊尔贡莱希交战之主战场之一,导致全区几近完全摧毁。双方交战及战后巴勒斯坦人对犹太区的掠夺导致27座犹太会堂和30间学校被摧毁。[27]约旦军队被指在攻占全区后三天将已成废墟的胡瓦会堂夷为平地,其在战役中同时为难民收容所及以色列哨站。[27]

巴勒斯坦人从1948年1月开始逃离耶路撒冷一带(犹太准军事组织哈加拿在1月5日袭击英语Semiramis Hotel bombing位于卡萨姆英语Katamon的赛米拉米斯酒店,导致26名平民死亡),而4月上旬的代尔亚辛村大屠杀,以及同月下旬开始出现的掠夺导致更多人逃离耶路撒冷。[28]战争开始后头六个月已有6,000名犹太人逃离耶路撒冷,主要为北部受到约旦军炮击的居民。当旧城中的以军投降后,负责保护旧城中大部分民用设施的红十字会亦安排约1,300名犹太人由锡安门撤出旧城前往以军控制区。[29]在东耶路撒冷受约旦统治的十八年间,唯一一处仍由以色列控制的外飞地为东北部的斯科普斯山。其为希伯来大学之校址。与此同时,居住在西耶路撒冷社区(如卡萨姆、塔尔比亚巴卡英语Baka, Jerusalem隐基林英语Ein Karem利夫达英语Lifta迈勒海英语Malha)的巴勒斯坦人[f]也被迫逃离家园[g],大部分最后前往旧城避难。[32]

东耶路撒冷接收将近千名巴勒斯坦难民,当中一大部分为来自西耶路撒冷的中产阶级。这些难民主要聚居在原犹太人为主的社区,[33]而原先住在这些社区的犹太人则搬至西耶路撒冷境内原巴勒斯坦人为主的社区。战后东耶路撒冷境内的犹太裔人口下跌30-40%,而六万名巴勒斯坦人中则有一半逃离当地。1952年约旦所做的人口调查显示东耶路撒冷境内只有约46,700名阿拉伯人。[34]

约旦统治时期(1948年-1967年)

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1961 Jordan Tourism Map of Jerusalem
 
King Hussein flying over the Temple Mount while it was under Jordanian conyi'zhayizharol, 1965

依照1947年的联合国分治方案,耶路撒冷将会独立于阿拉伯国和犹太国,交由联合国作为国际城市来管理。在1948年第一次中东战争期间,西耶路撒冷被以色列占领,而包括旧城在内的东耶路撒冷则被约旦占领。两国在1949年3月签订的罗德岛协议中同意停战。[33]以色列在1950年1月23日宣布耶路撒冷为其首都,并在决议中宣告“犹太国立国后,耶路撒冷再次成为她的首都。”[35]约旦亦随后在举行全体西岸巴勒斯坦人公投后,于同年4月24日宣布吞并西岸及东耶路撒冷。虽然英国承认约旦对西岸及东耶路撒冷的统治,但拒绝承认约旦对两地的主权;而美国则认为耶路撒冷问题正在审理中(sub judice),因此未曾在公开场合承认两国对东西耶路撒冷的统治。[36]

在约旦治下,东耶路撒冷的范围扩张至约6平方公里,并纳入如西尔万英语Silwan拉斯阿穆英语Ras al-Amud舒法特英语Shuafat等邻近社区,以收容来自西耶路撒冷的巴勒斯坦难民。[7][37][38]约旦政府在1953年将东耶路撒冷立为第二首都,回应以色列将西耶路撒冷立为首都的举动。与此同时约旦也将东耶路撒冷大部分市政迁至首都安曼,以弱化当地望族侯赛尼家族英语al-Husayni family的影响力。[7]

约旦在管理圣地时仍维持奥斯曼时代确立的“维持现状”(status quo)规则,并未曾插手宗教事务。当圣墓教堂在1949年11月29日发生火灾而被毁时,罗马天主教教会提出方案将教堂重建成天主教式的新教堂。约旦国王阿卜杜拉一世虽然同意方案,但是要求在获得其他教派的同意下方案才能实施。经约旦调解后,复修工作结果在1959年,拜占庭、拉丁、和亚美尼亚礼教派三方同意下才开始。[39]

1964年约旦当局在橄榄山瓦合甫上兴建洲际酒店,并为此修建了四条穿过犹太公墓的道路,毁坏大量墓碑。[27]以色列对此提出抗议,更指部分碑石被用作铺路及修建军用厕所。[h][i]约旦在1950年也曾抗议以色列当局毁坏西耶路撒冷玛米拉阿拉伯公墓英语Mamilla Cemetery的墓碑。[42][j]

旅游业长久以来就不是耶路撒冷经济支柱,而分治所带来的政治影响亦妨碍东耶路撒冷作为旅游景点的发展。尽管如此,东耶路撒冷依旧为宗教圣地及区域经济之中心。1960年约旦再次宣布将东耶路撒冷立为第二首都。[44]美国和其他主要国家均抗议约旦的决定,并指国际社会不会“承认或牵涉到任何将耶路撒冷立为政府所在地的举动”。[45]

由于约旦不承认以色列护照,犹太人和以色列裔阿拉伯人无法前往东耶路撒冷内的宗教圣地朝拜,但以色列裔基督教徒可以在圣诞节和新年以临时通行证前往伯利恒。[46][47]

 
Aerial view of the ancient Jewish cemetery on Mount of Olives

以色列统治时期(1967年-)

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2018 United Nations map of the area, showing the Israeli occupation arrangements.

以色列自1967年六日战争起控制东耶路撒冷以及西岸全境。在战争结束后不久东耶路撒冷及相邻的数条村落均并入西耶路撒冷。1967年11月联合国安全理事会通过第242号决议,要求以色列从“在最近的冲突中占领的领土”上撤军并立即停战。1980年以色列议会通过《耶路撒冷法》,确定耶路撒冷是以色列“永远与不可分割的首都”。此举被联合国视作违反国际法,并在安全理事会第478号决议中宣告《耶路撒冷法》无效。[10][48]

现况

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1967年6月28日以色列将东耶路撒冷并入西耶路撒冷境内,并将其“法律、司法管辖及行政权”延至耶路撒冷全境。[49]

On 28 June 1967 Israel extended Israeli "law, jurisdiction and administration" to the area of East Jerusalem, without naming it, by incorporating it into its municipality of West Jerusalem.[49] Internally, this move was explained as one of annexation, integrating that part of the city into Israel. Towards the international community, which was critical, it was justified as a purely technical measure, to provide equal administrative services to all its residents, and not annexation, and the same applied to Israel's assertion of a claim of sovereignty on the passage of the 30 July 1980 Basic Law: Jerusalem, Capital of Israel.[k][49][51] The United Nations Security Council censured Israel for the move and declared the law "null and void" in United Nations Security Council Resolution 478, and the international community continues to regard East Jerusalem as held under Israeli occupation.[52][53] Israel then disbanded the elected Arab municipal council placing it under the administration of West Jerusalem's mayor Teddy Kollek.

A problem arose when it was noted that East Jerusalem also had a mayor, Ruhi al-Khatib, and an elected 11 other members on the Jordanian city council. Uzi Narkiss realized the Arab council had not been dismissed. He therefore ordered the deputy military governor, Ya'akov Salman, to depose the council. Salman was at a loss as to how this measure could be executed, but Narkiss insisted he find some grounds for doing so. Eventually, Salman summoned Khatib and 4 other members to the Gloria Hotel restaurant, and read out a short statement in Hebrew.[54]

In the name of the Israeli Defense Forces, I respectfully inform Mr Ruhi al-Khatib and members of the Jerusalem City Council that the Council is hereby dissolved.[55]

al-Khatib demanded the order in writing, and an Arabic translation was written out on a napkin. According to Uzi Benzamin, the Israeli journalist who wrote up the encounter, "the whole episode lacked any shred of legality".[56] Soon after al-Khatib, who had worked for an orderly transition, was deported to Jordan for organizing protests.[l][57]

Services like electricity supply were transferred from Palestinian to Israeli companies, and a ministerial decision established a policy that the ratio of Jews to Palestinians, as a matter of policy, would be 76 to 24,[58] though the 2000 Masterplan adjusted this to a 70-30 ratio, which in turn had to be subject to a 60-40% proportion given Palestinian demographic growth, which now constitutes 37% of the city's population.[59] When offered a path to Israeli citizenship, the overwhelming majority opted for resident status instead, and adopted a boycott strategy against Israeli institutions.[60][m] 90% of the land of East Jerusalem included thereafter in its municipality was added after 1967 by expropriating in most cases village or private land owned by people, not from East Jerusalem itself, but who were living in 28 Palestinian villages. According to its former deputy mayor Meron Benvenisti, the plan was designed in such a way as to incorporate a maximum of land with a minimum of Arabs.[61][n] Thereafter a property tax (arnona) regime was introduced which allowed Jewish settlers a 5-year exemption and then reduced taxes, while leaving Jerusalemite West Bankers, whose zones are classified to be in the high property tax bracket, paying for 26% of municipal services, while themselves receiving only 5% of the benefit (2000).[63] By 1986 60% of Arab East Jerusalem lacked a garbage collection infrastructure, schools could not expand classrooms and were forced into a unique double-shift system.[64] Jewish neighbourhoods were allowed to build up to eight storeys high while Palestinians in East Jerusalem were restricted to two.[65] The area's infrastructure still remains in a state of neglect.[o] According to B'Tselem, as of 2017, the 370,000 overcrowded West Bankers in this zone are bereft of any control over their lives, given extreme restrictions on the movement of residents without any advance notice. Their residency can be revoked; building permits are rarely given and a separation wall fences them off from the rest of the city. Every day 140,000 Palestinians have to negotiate checkpoints to work, get a medical check-up or visit friends.[67] Poverty has steadily increased among them, with 77% of "non-Jewish" households in Jerusalem under the Israeli poverty line, as opposed to 24.4% of Jewish families (2010).[68]

An International Crisis Group report of 2012 described the effects of Israeli policies: cut off from trade with the West Bank by the Separation Barrier, denied political organization – which Israel's counter-terrorism agency includes as "political subversion" – by the closure of the PLO's Orient House, it is an "orphan city" hemmed in by flourishing Jewish neighbourhoods. With local construction blocked, the Palestinian neighbourhoods have become slums, where even the Israeli police will not venture except for security reasons, so that criminal businesses have thrived.[69]

Territorial modifications

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The extension of Israeli jurisdiction into East Jerusalem and its surroundings on into the municipality of Jerusalem involved the inclusion of several neighboring villages, expanding the municipality area of Jordanian East Jerusalem by integrating into it a further 111 km2(43 sq mi) of West Bank territory,[70][71] while excluding many of East Jerusalem's suburbs, such as Abu Dis, Al-Eizariya, Beit Hanina and Al-Ram,[72] and dividing several Arab villages. Israel refrained however from endowing citizenship – a mark of annexation- on the Palestinians incorporated within the new municipal borders.[73]

The old Moroccan Quarter in front of the Western Wall was bulldozed three days after its capture, leading to the forced resettlement of its 135 families.[71][74] It was replaced with a large open air plaza. The Jewish Quarter, destroyed in 1948, was depopulated, rebuilt and resettled by Jews.[71]

After 1980 incorporation

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Israeli West Bank barrier in Jerusalem

Under Israeli rule, members of all religions are largely granted access to their holy sites, with the Muslim Waqf maintaining control of the Temple Mount and the Muslim holy sites there.

With the stated purpose of preventing infiltration during the Second Intifada, Israel decided to surround Jerusalem's eastern perimeter with a security barrier. The structure has separated East Jerusalem neighborhoods from the West Bank suburbs, all of which are under the jurisdiction of Israel and the IDF. The planned route of the separation barrier has raised much criticism, with the Israeli Supreme Court ruling that certain sections of the barrier (including East Jerusalem sections) must be re-routed.[来源请求]

In the Oslo Accords, the PLO conceded that the question of East Jerusalem be excluded from the interim agreement, and be left to final status negotiations.[75] Under the pretext that they are part of the PA, Israel closed many Palestinian NGOs since 2001.[13]

At the 25 January 2006 Palestinian Legislative Elections, 6,300 East Jerusalem Arabs were registered and permitted to vote locally. All other residents had to travel to West Bank polling stations. Hamas won four seats and Fatah two, even though Hamas was barred by Israel from campaigning in the city. Fewer than 6,000 residents were permitted to vote locally in the prior 1996 elections.[来源请求]

In March 2009, a confidential "EU Heads of Mission Report on East Jerusalem" was published, in which the Israeli government was accused of "actively pursuing the illegal annexation" of East Jerusalem. The report stated: "Israeli 'facts on the ground' – including new settlements, construction of the barrier, discriminatory housing policies, house demolitions, restrictive permit regime and continued closure of Palestinian institutions – increase Jewish Israeli presence in East Jerusalem, weaken the Palestinian community in the city, impede Palestinian urban development and separate East Jerusalem from the rest of the West Bank."[76]

In 2018, Al Bawaba reported that Israel had approved the construction of 640 new "Jewish-only" housing units in the ultra-orthodox Ramat Shlomo settlement.[77] Some of these units will be built on privately owned Palestinian lands.[78] According to B'tselem, the Israeli authorities have destroyed 949 Palestinian homes in East Jerusalem since 2004, resulting in the displacement of over 3,000 Palestinians. Since 2016 there has been a notable uptick in demolitions, with 92 razed that year. In the first ten months of 2019 over 140 homes were demolished, leaving 238 Palestinians, 127 of them minors, homeless.[79][80]

A poll conducted by Palestinian Center for Public Opinion and American Pechter Middle East Polls for the Council on Foreign Relations, among East Jerusalem Arab residents in 2011 revealed that 39% of East Jerusalem Arab residents would prefer Israeli citizenship contrary to 31% who opted for Palestinian citizenship. According to the poll, 40% of Palestinian residents would prefer to leave their neighborhoods if they would be placed under Palestinian rule.[81]

As of 1998, Jerusalem's religious heritage consists of 1,072 synagogues, 52 mosques, 65 churches and 72 monasteries.[24]

法律地位

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Jerusalem municipal area, under Israel in 2000
 
Greater Jerusalem, May 2006. CIA remote sensing map showing areas they consider settlements, plus refugee camps, fences, walls, etc.

主权

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East Jerusalem has been occupied by Israel since 1967 and has been effectively annexed, in an act internationally condemned, by Israel in 1980. On 27–28 June 1967, East Jerusalem was integrated into Jerusalem by extension of its municipal borders and was placed under the law, jurisdiction and administration of the State of Israel.[10] In a unanimous General Assembly resolution, the UN declared the measures trying to change the status of the city invalid.[11]

In a reply to the resolution, Israel denied these measures constituted annexation and contended that it merely wanted to deliver services to its inhabitants and protect the Holy Places.[p] Some lawyers, among them Yehuda Blum and Julius Stone, have argued that Israel has sovereignty over East Jerusalem under international law, since Jordan did not have legal sovereignty over the territory, and thus Israel was entitled in an act of self-defense during the Six-Day War to "fill the vacuum".[83][q] This interpretation is a minority position, and international law considers all the West Bank (including East Jerusalem) to be occupied territory[85] and call for Palestinians in the occupied territories (including East Jerusalem) to be given self-determination[86]

Israel has never formally annexed Jerusalem, nor claimed sovereignty there but its extension of Israeli law and administration there in 1967, and the Jerusalem Basic Law of 1980 are often taken as coinstituting an effective form of annexation[10] The Israeli Supreme Court recognized that East Jerusalem had become an integral part of the State of Israel,[10] ruling that even if Knesset laws contravene international law, the court is bound by domestic law and therefore considers the area annexed.[87] According to lawyers, the annexation of an area would automatically make its inhabitants Israeli citizens,[10] a condition lacking and East Jerusalem's Palestinians have the status of "permanent residents". The United Nations General Assembly resolution 67/19 of 2012 affirmed that East Jerusalem forms part of the West Bank and is occupied.

Historically, defining a Palestinian position on Jerusalem and East Jerusalem proved difficult, given the political conflicts that arose between strategies proposed by the local East Jerusalemite establishment led by Faisal Husseini and those of the PLO under Yasser Arafat regarding the processes to be chosen to define the city's Palestinian status.[88]

Negotiations on "share" or "divide"

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East Jerusalem, with Israeli West Bank barrier in the background

Both the Oslo Accords and the 2003 Road map for peace postponed the negotiations on the status of Jerusalem. The 1997 Beilin–Eitan Agreement between some members of the Likud block and Yossi Beilin, representing Labor, which envisioned for final negotiations a limited autonomy to a demilitarized "Palestinian entity" surrounded on all sides by Israel, stated that all of Jerusalem would remain unified under Israeli sovereignty. Beilin suggested Palestinians would accept a capital outside of Jerusalem in Abu Dis, undermined the credibility of the document in Palestinian eyes.[89][90][91]

Israel's settlement policy in East Jerusalem has been described by Avi Shlaim and others as one aiming to preempt negotiations by creating facts on the ground.[92]

The Beilin–Abu Mazen agreement of 1995, suggested while Israel would not accept challenges to its political sovereignty over all of Jerusalem it might, with the idea of a holy basin, theoretically allow Palestinian extraterritorial sovereignty over a part of the East Jerusalem area, with Palestinians directly controlling the Noble Sanctuary, while Jews would obtain religious rights over the Temple Mount. This view, splitting religious and political authority, was unacceptable to Hamas and Arafat soon disowned the idea.[93] At the 2000 Camp David Summit, it was agreed there could be no return to the pre-1967 Jerusalem lines of demarcation; that Israel's unilaterally imposed municipal boundaries were not fixed; that just as Israel's expansion there would be larger than mapped just after 1967, so too the Palestinian expansion would stretch out to take in villages not connected to the city earlier; that Jerusalem would remain a single unified metropolitan unit not divided by an international border, and under the governance of two distinct municipal authorities, with one under full Palestinian sovereignty and serving as the capital of the State of Palestine, exercising full powers in most parts of East Jerusalem. An exchange of neighbourhoods was envisaged, with Israel taking sovereignty over Ma'ale Adumim, Givat Ze'ev and Gush Etzion, while excluding areas earlier included, such as Sur Baher, Beit Hanina and Shu'afat.[94] During the last serious negotiations in 2008 with the government of Ehud Olmert, Olmert, on 16 September, included a map which foresaw a shared arrangement over Jerusalem, with Israeli settlements remaining in Israel and Palestinian neighbourhoods part of a Palestinian state and constituting their future capital. The Holy Basin, including the Old City, would be under joint trusteeship overseen by Jordan, Saudi Arabia, Israel, the United States and the state of Palestine. Olmert showed, but would not share, the map with Mahmood Abbas, who was forced to make a copy of it on a napkin.[95]

Jerusalem as capital

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Dome of the Rock in the Old City

While both Israel and Palestine declared Jerusalem their capital, the Palestinians usually refer to East Jerusalem as the capital of the State of Palestine.[96]

In 1980, the Knesset adopted the "Jerusalem Law" as a Basic Law, declaring Jerusalem "complete and united", "the capital of Israel". The law applied to both West and East Jerusalem within, among others, the expanded boundaries as defined in June 1967. While the Jerusalem Law has political and symbolic importance, it added nothing to the legal or administrative circumstance of the city.[10]

The Israeli-Palestinian Declaration of Principles (Oslo I), signed 13 September 1993, deferred the settlement of the permanent status of Jerusalem to the final stages of negotiations between Israel and the Palestinians.

The Beilin-Abu Mazen Plan stated that, "Israel will recognize that the (portion of) the area defined as 'Al-Quds' prior to the six day war which exceeds the area annexed to Israel in 1967 will be the capital of the Palestinian state". This formulation was based, according to Tanya Reinhart, on a verbal trick in that, by conferring on Abu Dis, which was within the Jordanian municipality of Jerusalem but outside Israel's redefinition, the title the holy city referring in Arabic to Jerusalem, Israel could assert that it was acceding to the idea of dividing Jerusalem. Arafat concurred with this Israeli proposal, and Israel asserted a pre-condition, namely, that all Palestinian institutions be removed from Jerusalem proper and transferred to Abu Dis. In compliance, the Palestinians built their government offices and a proposed future parliament house there, but an undertaking to transfer Abu Dis, and the neighbouring Al-Eizariya into Area C, under full Palestinian autonomy, was never fulfilled. Ehud Barak had, it is reported, before the Camp David talks, reneged on this promise which was personally conveyed to the Palestinians through President Bill Clinton. Barak remained committed to a unified Israeli Jerusalem, the default position of all Israeli governments who regard its division as non-negotiable.[97]

At the Taba Summit in 2001 Israel made substantial concessions regarding territory but not sufficient to permit a contiguous Palestinian capital in East Jerusalem.[98]

Position of the United States

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American policy on Jerusalem, despite a standard refrain of "continuity," has been altered repeatedly since 1947, exhibiting sometimes drastic fluctuations since 1967.[99] Historically, down to 1967, it had viewed East Jerusalem as forming part of the West Bank, a territory under belligerent occupation.[100] On 1 March 1990, President George H. W. Bush stated publicly, the first time for an American president, an objection to Israeli building in East Jerusalem.[101] That same year, the United States Congress unanimously adopted the Senate's Concurrent Resolution 106 adopted a resolution affirming its belief that Jerusalem must remain an undivided city this view with the Senate Concurrent Resolution 113 of 1992. This was sponsored by AIPAC and, according to John Mearsheimer and Stephen Walt, was a "transparent attempt to disrupt the peace process".[102] In the Jerusalem Embassy Act of 8 November 1995 it set 1999 as the final date whereby the US embassy was to be relocated to that city, stating Jerusalem should be recognized as the capital of Israel, and that no more that 50% of the State Department funds for building abroad should be allocated until the Embassy was established there. Provision was made for the exercise of a presidential waiver.[103]

In 1991, as part of a preparatory gesture before the Madrid Peace Conference the United States in a Letter of Assurances to the Palestinians (15 October 1991) stated that the United States undertook to act as an honest broker and expressed opposition to any unilateral measures that might prejudice peace talks, a statement the Palestinians understood to refer to Israeli settlements and policy in Jerusalem.[104] Nevertheless, the subsequent Clinton Administration refused to characterise East Jerusalem as being under occupation and viewed it as a territory over which sovereignty was undefined.[100] Vice President Al Gore stated that the US viewed "united Jerusalem" as the capital of Israel. In light of this designation, the US has since abstained from Security Council resolutions which use language which construes East Jerusalem as forming part of the West Bank.[100]

In 2016, U.S. presidential election candidate Donald Trump vowed to recognize all of Jerusalem as the undivided capital of Israel if he wins the election. In 2017, President Trump recognized Jerusalem as Israel's capital, and, on 14 May 2018, the United States moved its embassy from Tel Aviv to Jerusalem.[来源请求]

Residency

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Following the 1967 war, Israel conducted a census in East Jerusalem and granted permanent Israeli residency to those Arab Jerusalemites present at the time of the census. Those not present lost the right to reside in Jerusalem. Jerusalem Palestinians are permitted to apply for Israeli citizenship, provided they meet the requirements for naturalization—such as swearing allegiance to Israel and renouncing all other citizenships—which most of them refuse to do. At the end of 2005, 93% of the Arab population of East Jerusalem had permanent residency and 5% had Israeli citizenship.[105]

Between 2008 and 2010, approximately 4,500 Palestinians resident in East Jerusalem applied for Israeli citizenship, of which one third were accepted, one third rejected, and one third had the decision postponed.[106]

As residents, East Jerusalemites without Israeli citizenship have the right to vote in municipal elections and play a role in the administration of the city. Residents pay taxes, and following a 1988 Israeli Supreme Court ruling, East Jerusalem residents are guaranteed the right to social security benefits and state health care. Until 1995, those who lived abroad for more than seven years or obtained residency or citizenship in another country were deemed liable to lose their residency status. In 1995, Israel began revoking permanent residency status from former Arab residents of Jerusalem who could not prove that their "center of life" was still in Jerusalem. This policy was rescinded four years later. In March 2000, the Minister of the Interior, Natan Sharansky, stated that the "quiet deportation" policy would cease, the prior policy would be restored, and Arab natives to Jerusalem would be able to regain residency[67] if they could prove that they have visited Israel at least once every three years. Since December 1995, permanent residency of more than 3,000 individuals "expired", leaving them with neither citizenship nor residency.[67] Despite changes in policy under Sharansky, in 2006 the number of former Arab Jerusalemites to lose their residency status was 1,363, a sixfold increase on the year before.[107]

Urban planning

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UN map showing a series of Israeli "Inner Settlements" – each represented as red crosses – with clusters in the Old City, to the south adjacent to the City of David (shown as "Beit Hazofe" (בית הצופה, "Observation House")) and Ma'ale HaZeitim, and to the north around Shimon HaTzadik.

The term East Jerusalem sometimes refers to the area which was incorporated into the municipality of Jerusalem after 1967, covering some 70 km2(27 sq mi), while sometimes it refers to the smaller area of the pre-1967 Jordanian-controlled part of the Jerusalem municipality, covering 6.4 km2(2.5 sq mi). 39 percent (372,000) of Jerusalem's 800,000 residents are Palestinian, but the municipal budget allocates only 10% of its budget to them.[108]

East Jerusalem has been designed to become an Israeli Jewish city surrounding numerous small enclaves, under military control, for the Palestinian residents.[109] The last link in the chain of settlements closing off East Jerusalem from the West Bank was forged in 1997 when Binyamin Netanyahu approved, as part of what he perceived as a battle for the city, the construction of the settlement of Har Homa.[r]

According to the Israeli non-governmental organization B'Tselem, since the 1990s, policies that made construction permits harder to obtain for Arab residents have caused a housing shortage that forces many of them to seek housing outside East Jerusalem.[110] East Jerusalem residents that are married to residents of the West Bank and Gaza have had to leave Jerusalem to join their husbands and wives due to the citizenship law. Many have left Jerusalem in search of work abroad, as, in the aftermath of the Second Intifada, East Jerusalem has increasingly been cut off from the West Bank and thereby has lost its main economic hub. Israeli journalist Shahar Shahar argues that this outmigration has led many Palestinians in East Jerusalem to lose their permanent residency status.[111]

According to the American Friends Service Committee and Marshall J. Breger, such restrictions on Palestinian planning and development in East Jerusalem are part of Israel's policy of promoting a Jewish majority in the city.[112][113]

On 13 May 2007, the Israeli Cabinet began a discussion regarding a proposal to expand Israel's presence in East Jerusalem and boost its economy so as to attract Jewish settlers. To facilitate more Jewish settlement in East Jerusalem, the Cabinet is now considering an approximately 5.75 billion NIS plan to reduce taxes in the area, relocate a range of governmental offices, construct new courthouses, and build a new center for Jerusalem studies. Plans to construct 25,000 Jewish homes in East Jerusalem are in the development stages. As Arab residents are hard-pressed to obtain building permits to develop existing infrastructure or housing in East Jerusalem, this proposition has received much criticism.[114][115]

According to Justus Weiner of the Jerusalem Center for Public Affairs, the Jerusalem municipality granted the Arab sector 36,000 building permits, "more than enough to meet the needs of Arab residents through legal construction until 2020". Both Arabs and Jews "typically wait 4–6 weeks for permit approval, enjoy a similar rate of application approvals, and pay an identical fee ($3,600) for water and sewage hook-ups on the same size living unit". Weiner writes that while illegal Jewish construction typically involves additions to existing legal structures, illegal Arab construction involves the construction of entire multi-floor buildings with 4 to 25 living units, built with financial assistance from the Palestinian National Authority on land not owned by the builder.[116]

A European Union report of March 2010 has asserted that 93,000 East Jerusalem Palestinians, 33% of the total, are at risk of losing their homes, given Israeli building restrictions imposed on them, with only 13% of the municipal territory allowed for their housing, as opposed to 53% for Jewish settlement. It wrote further that in 2013 98 such buildings were demolished, leaving 298 people homeless, while a further 400 lost their workplace and livelihoods, and that 80% live below the poverty level. 2,000 Palestinian children, and 250 teachers in the sector must pass Israeli checkpoints to get to school each day.[108]

Jewish neighbourhoods in East Jerusalem have 30 times the number of playgrounds that Palestinian areas have. One was built for the 40,000 strong community of Sur Baher with Belgian funding in 2015 after a Jerusalem court directed the municipal council to begin constructing them. It was constructed without a permit, and the Israeli authorities say the difference is due to the difficulty of finding vacant lots suitable to playgrounds in the Arab sectors.[117]

In 2021, Israel's Supreme Court had been expected to deliver a ruling on 10 May 2021 on whether to uphold the eviction of Palestinian families from the Sheikh Jarrah neighbourhood that had been permitted by a lower court.[118] In May 2021, clashes between Palestinians and Israeli police occurred over the anticipated evictions.[119]

Demographics

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In the 1967 census, the Israeli authorities registered 66,000 Palestinian residents (44,000 residing in the area known before the 1967 war as East Jerusalem; and 22,000, in the West Bank area annexed to Jerusalem after the war). Only a few hundred Jews were living in East Jerusalem at that time, since most Jews had been expelled in 1948 during the Jordanian rule.[120]

By June 1993, a Jewish majority was established in East Jerusalem: 155,000 Jews were officially registered residents, as compared to 150,000 Palestinians.[121]

At the end of 2008, the population of East Jerusalem was 456,300, comprising 60% of Jerusalem's residents. Of these, 195,500 (43%) were Jews, (comprising 40% of the Jewish population of Jerusalem as a whole), and 260,800 (57%) were Arabs. Of the Arabs, 95% were Muslims, comprising 98% of the Muslim population of Jerusalem, and the remaining 5% were Christians.[122] In 2008, the Palestinian Central Bureau of Statistics reported the number of Palestinians living in East Jerusalem was 208,000 according to a recently completed census.[123]

At the end of 2008, East Jerusalem's main Arab neighborhoods included Shuafat (38,800), Beit Hanina (27,900), the Muslim Quarter of the Old City (26,300), At-Tur including As-Sawana (24,400). East Jerusalem's main Jewish neighborhoods include Ramot (42,200), Pisgat Ze'ev (42,100), Gilo (26,900), Neve Yaakov (20,400), Ramat Shlomo (15,100) and East Talpiot (12,200). The Old City (including the already mentioned Muslim Quarter) has an Arab population of 36,681 and a Jewish population of 3,847.[124]

In 2016, the population of East Jerusalem was 542,400, comprising 61% of Jerusalem's residents. Of these, 214,600 (39.6%) were Jews, and 327,700 (60.4%) were Arabs.[125]

According to Peace Now, approvals for building in Israeli settlements in East Jerusalem has expanded by 60% since Trump became US president in 2017.[126] Since 1991, Palestinians who make up the majority of the residents in the area have only received 30% of the building permits.[127]

Healthcare

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Until 1998, residents of East Jerusalem were disadvantaged in terms of healthcare service and providers. By 2012, almost every neighborhood in East Jerusalem had health clinics that included advanced medical equipment, specialized ER units, X-ray diagnostic centers and dental clinics.[128] Israel's system of healthcare entitles all Israeli citizens and East Jerusalem residents to receive free healthcare service funded by the Israeli government.

According to Haaretz in 2015, the quality of healthcare centers between Israeli cities and East Jerusalem are almost equal. The health quality indices in East Jerusalem increased from a grade of 74 in 2009 to 87 in 2012, which is the same quality grade the clinics in West Jerusalem received.[128]B'tselem maintains that, despite constituting 40% of Jerusalem's population, the municipality only runs six healthcare centers in the Palestinian sector, compared to the 27 run by the state in Jewish neighbourhoods. [129] According to ACRI, only 11% of the residents of East Jerusalem are treated by the welfare services. In 2006 64% of the Palestinian population lived below the poverty line. By 2015 75%, and 84% of their children, were living below the poverty line.[130]

In 2018, President Donald Trump's administration cut $25 million from hospitals in East Jerusalem that specialized in cancer care for Palestinians.[131] The cut in funds covers 40% of the running costs for 6 hospitals providing treatment for patients from both the Gaza Strip and the broader West Bank where treatment is unavailable. The shortfall was thought to put at serious risk the viability of both Augusta Victoria Hospital and Saint John Eye Hospital. The sum saved was to be redirected to "high-priority projects" elsewhere.[132]

Culture

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Jerusalem was designated the Arab Capital of Culture in 2009.[133][134] In March 2009, Israel's Internal Security Minister responded with a number of injunctions, banning scheduled cultural events in the framework of this designation in Jerusalem, Nazareth and in other parts of the Palestinian Territories. The Minister instructed Israel Police to "suppress any attempts by the PA to hold events in Jerusalem and throughout the rest of the country". The minister issued the ban on the basis that the events would be a violation of a clause in the interim agreement between Israel and the Palestinians that forbids the Palestinian Authority (PA) from organizing events in Israeli territory.[135]

On 22 June 2013, the Israeli Public Security Minister closed the El-Hakawati Theater for eight days, to prevent a puppet theater festival with an 18-year tradition. Israel Security Agency Shin Bet accused the Palestinian Authority of funding the child-festival, which was denied by the theater director.[136] A month later, members of Israel's theater world held a protest.[137]

On 29 June 2013, Israel denied members of the Ramallah Orchestra from the Al Kamandjâti music school access to East Jerusalem, where they were to give a concert in the French St. Anne's church. Nevertheless, after the musicians had climbed over the Separation Wall, the concert eventually took place.[138][139]

Environment

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East Jerusalem has been recognised as an Important Bird Area (IBA) by BirdLife International because its walls and old buildings provide nesting sites for a population of lesser kestrels, with some 35–40 breeding pairs estimated in 1991. The city, especially the Mount of Olives region, also underlies a white stork migration route.[140]

Economy

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May 2013, UNCTAD published the first comprehensive investigation into the East Jerusalem economy undertaken by the United Nations.[141] The report concluded that the Israeli occupation had caused the economy to shrink by half in the last 20 years compared to West Bank and Gaza Strip, which it described as "a dismal testament to the decline of the East Jerusalem economy and its growing isolation under prolonged occupation", that resulted in the economic isolation of Palestinian residents.[141][142] It found a 77% to 25% differential in the number of households living below the poverty line in non-Jewish and Jewish households respectively, with the differential in child poverty being 84% for Palestinian children as opposed to 45% for Jewish children.[141][142] Major problems were said to be restrictions on movement of goods and people, which Israel says are imposed for security reasons, and Israeli neglect of "dire socio-economic conditions".[141][142] UNCTAD said "the Israeli government could go much further in meeting its obligations as an occupying power by acting with vigour to improve the economic conditions in East Jerusalem and the well-being of its Palestinian residents".[141][142] The Palestinians' governor of Jerusalem said "some relaxation of the political situation" was required for the economy to improve.[141]

Citizenship

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Over 95% of East Jerusalemite Palestinians retain residency status rather than citizenship. Application for citizenship have grown from 69 (2003) to over 1,000 (2018) but obtaining Israel citizenship has been described as an uphill battle, with the number of applicants who receive a positive response meager. Obtaining an appointment for an interview alone can take 3 years followed by another 3 to 4 years to obtain a decision one way or another. Of 1,081 requests in 2016 only 7 were approved, though by 2018, 353 approvals were given to the 1,012 Palestinians applying. Lack of sufficient fluency in Hebrew, suspicions the applicant might have property in the West Bank, or be a security risk (such as having once visited a relative gaoled on security grounds) are considered impediments.[143]

East Jerusalem residents are increasingly becoming integrated into Israeli society. Trends among East Jerusalem residents have shown: increasing numbers of applications for an Israeli ID card; more high school students taking the Israeli matriculation exams; greater numbers enrolling in Israeli academic institutions; a decline in the birthrate; more requests for building permits; a rising number of East Jerusalem youth volunteering for national service; a higher level of satisfaction according to polls of residents; increased Israeli health services; and a survey showing that in a final agreement more East Jerusalem Palestinians would prefer to remain under Israeli rule.[128]

Education

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According to the Israeli Education Ministry, the number of East Jerusalem high school students who took Israeli matriculation exams rose from 5,240 in 2008 to 6,022 in 2011. There are 10 schools in East Jerusalem that specialize in preparing East Jerusalem students for Israeli universities and colleges; one of the biggest schools is the Anta Ma'ana ("You are with us") Institute on Al-Zahara Street.[128]

East Jerusalem has a shortage of schools for Palestinian children. In 2012, the classroom shortage was reportedly 1,100, due to what Haaretz described as "years of intentional neglect of East Jerusalem schools, which serve the Arab population by the Education Ministry and the city". A relatively high dropout rate of schoolchildren is found in the Arab sector, even 40% among 12th graders in 2011.[144]

 
The new building is Schmidt's Girls College.

Schools in East Jerusalem include:

Mayors

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See also

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  1. ^ "following the war between Israel and the Palestinian and Arab states in 1948, Jerusalem was divided into an Israeli-held western sector and a Jordanian-held eastern sector."[1]
  2. ^ "Israeli and Palestinian sources differ in their definition of East Jerusalem."[2]
  3. ^ "Both states treated the respective sectors of Jerusalem under their effective control as forming an integral part of their state territory between 1948 and 1967, and each recognized the other's de facto control in their respective sectors by the signature of the 1949 Jordan-Israel General Armistice Agreement."[4]
  4. ^ 此论点曾被其他学者质疑。[9][10]
  5. ^ "Since 2001, Israel has shut down more than 22 Palestinian non-governmental organizations (NGOs), including charities and service centers in Jerusalem, causing increased suffering for the people of this city already struggling under Israeli occupation. This was carried out under various pretexts, most notably the claim that the agreements with the Palestine Liberation Organization (PLO), especially the Oslo Accords, prohibit the establishment of any activity of the Palestinian Authority (PA) in Jerusalem."[13]
  6. ^ By Jerusalemite "Palestinians" for this period, aside from Jews, are to be understood significant communities of Armenians, Syriacs, Greeks and Ethiopians, and German Templars, the former particularly present in the Old City, but with all groups maintaining substantial holdings and residences in what became West Jerusalem.[30]
  7. ^ 'Zionist militias began to attack the large, middle-class Aarab suburbs in West Jerusalem. Our neighbours in Ilaret al-Nammareh started to flee the highly equipped Zionist militias who had begun advancing toward our neighbourhood. Raiding parties cut telephone and electric wires. My father heard the Zionists demand that we all leave immediately. Their loudspeaker-equipped vans drove through the streets, blaring such messages as "Unless you leave your houses, the fate of Deir Yassin will be your fate!"[31]
  8. ^ "The ancient Jewish cemetery on the Mount of Olives was ransacked: graves were desecrated: thousands of tombstones were smashed or taken away and used as building material, paving stones or, as Israel claimed, used for latrines in the Jordanian Army camps. The Intercontinental Hotel was built on top of the cemetery and graves were demolished to make a way for a road to the hotel."[40]
  9. ^ "Many thousand tombstones were taken from the ancient cemetery of the Mount of Olives to serve as building material or paving stones. A few were even used to serve as building material or paving stones. A few were even used to surface the footpath leading to a latrine in a Jordanian army camp. With the financial assistance of Pan American Airlines, Jordan built the Hotel Intercontinental – a plush hotel on the hill of Jesus' agony! Obviously a road was needed, worthy of the triumphant showpiece. Of all the possible routes, the one chosen cut through hundreds of Jewish graves. They were torn open and the bones scattered."[41]
  10. ^ "This has been a casual desecration, albeit one less well publicized than that of Jewish tombs on the Mount of Olives from 1949 until 1967, and with no overarching purpose guiding it, except perhaps that of replacing the old with the new, the Arab with the Israeli, which motivated so many actions of the Israeli state after 1948.."[43]
  11. ^ "In terms of internal Israeli politics, local leaders were not shy to admit that as a result of these enactments, East Jerusalem was now fully integrated within Israel. Asher Maoz aptly summarized this policy as follows: 'while the leaders of the state were making it clear both within and without the Knesset that East Jerusalem had been annexed to Israel, the representatives of the state in international forums fervently denied that this was the result.'"[50]
  12. ^ "The IDF did not show any consideration for the fact that al-Khatib had done much to enable an orderly transition of power. The Arab mayor had, for three weeks, taken action to reopen shops, remove debris and bodies, ensure the operation of the electrical grid and the supply of fuel, milk, and flour from the western side of the city. In radio broadcasts, he called on the city's Arabs to hand over weapons in their possession to the Israeli authorities."[54]
  13. ^ Of the 15,000 Palestinian Jerusalemites who have, since 2003, applied for Israeli citizenship, only 6,000 applications were approved by 2017.[59]
  14. ^ Levi Eshkol very early on in the occupation spoke of the need to separate the bride (the Palestinians) from the dowry (the occupied territories).[62]
  15. ^ "Why this disregard for the level of public services in east Jerusalem? The answer is a poorly kept secret: Arab east Jerusalem is simply at the bottom of the list of priorities of the Israeli authorities when it comes to funding public works...Whatever the label, it does not change the picture of Arab East Jerusalem as largely undeveloped and unserviced for over three decades of Israeli rule".[66]
  16. ^ The letter delivered to the U.N. Secretary General on July 10 reads: "The term 'annexation' used by supporters of the General Assembly's resolution of 4 July was out of place since [...] the measures adopted related to the integration of Jerusalem in the administrative and municipal spheres and furnished a legal basis for the protection of the Holy Places".[82]
  17. ^ "Others argued that it might lawfully retain them permanently on the theory that Jordan had not held lawful title and therefore, there was no sovereign power to whom the territories could revert. Israel, it was said - particularly because it took the territories defensively - had a better claim to title than anyone else. That argument ignored however the generally recognized proposition that uncertainty over sovereignty provides no ground to retain territory taken in hostilities. Even if Jordan held the West Bank on only a de facto basis, Israel could not, even acting in self-defense, acquire title."[84]
  18. ^ "Netanyahu fired the opening shot in the battle for Jerusalem on 19 February 1997 with a plan for the construction of 6,500 housing units for 30,000 Israelis at Har Homa, in annexed East Jerusalem. 'The battle for Jerusalem has begun,' he declared in mid-March as Israeli bulldozers went into action to clear the site for a Jewish neighbourhood near the Arab village of Sur Bahir. 'We are now in the thick of it, and I do not intend to lose.' Har Homa was a pine-forested hill, south of the city proper, on the road to Bethlehem. Its Arabic name is Jabal Abu Ghunaym. The site was chosen in order to complete the chain of Jewish settlements around Jerusalem and cut off contact between the Arab side of the city and its hinterland in the West Bank. It was a blatant example of the Zionist tactic of creating facts on the ground to preempt negotiations."[92]

Citations

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  56. ^ Talhami 2017,第110页.
  57. ^ Mattar 2005,第269页.
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  63. ^ Malki 2000,第34页.
  64. ^ Cheshin, Hutman & Melamed 2009,第21页.
  65. ^ Ziai 2013,第137页.
  66. ^ Cheshin, Hutman & Melamed 2009,第124–125页.
  67. ^ 67.0 67.1 67.2 B'Tselem 2017a.
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  69. ^ ICG 2012,第i–ii,1页.
  70. ^ Segal 2003,第185页.
  71. ^ 71.0 71.1 71.2 Hiltermann 1995.
  72. ^ Dumper 2014,第49页.
  73. ^ Dumper 2014,第50页.
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  75. ^ Weinberger 2007,第85页.
  76. ^ McCarthy 2009.
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  78. ^ Hasson & Khoury 2018.
  79. ^ Yumna Patel, 'Israel destroyed record number of Palestinian homes in Jerusalem in 2019,' Mondoweiss 25 October 2019
  80. ^ 'Demolition of houses and Non-residential structures in East Jerusalem, 2004-2019,' B'tselem 24 October 2019
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