The status of Jerusalem is disputed in both international law and diplomatic practice. Both the Israelis and the Palestinians claim Jerusalem as their capital city, and their dispute over it has been described as "one of the most intractable issues in the Israel–Palestine conflict". The conflicting claims include issues of sovereignty over the city, or parts of it, including access to holy sites.
The majority of United Nations (UN) member states and most international organisations do not recognize Israel's sovereignty over East Jerusalem, which came under its control after the 1967 Six-Day War, or its 1980 Jerusalem Law proclamation, which declared a "complete and united" Jerusalem as the capital of Israel. As a result, most countries locate their foreign embassies in Tel Aviv and its suburbs rather than in Jerusalem. Many UN member states formally adhere to the UN proposal that Jerusalem should have an international status, as outlined in General Assembly Resolution 181 (II). The European Union has also followed the UN's lead in this regard, declaring Jerusalem's status to be that of a corpus separatum, or an international city to be administered by the UN. On the other hand, and inconsistent with the status of corpus separatum, the UN has designated East Jerusalem occupied Palestinian territory. China recognizes East Jerusalem as the capital of Palestine.
From the end of the Ottoman–Mamluk War in 1517 until the First World War, Jerusalem was part of the Ottoman Empire. Since the 1860s, Jews have formed the largest religious group in the city and since around 1887, Jews have been in the majority. In the 19th century, European powers vied for influence in the city, usually on the basis of extending protection over Christian churches and Holy Places. A number of these countries also established consulates in Jerusalem. In 1917 and following the First World War, Great Britain was in control of Jerusalem; from 1923 as part of the Mandate of Palestine. The principal Allied Powers recognized the unique spiritual and religious interests in Jerusalem among the world's three great monotheistic religions as "a sacred trust of civilization", and stipulated that the existing rights and claims connected with it be safeguarded in perpetuity, under international guarantee.
With the declaration of the establishment of the State of Israel and the subsequent invasion by surrounding Arab states, the UN proposal for Jerusalem never materialised. The 1949 Armistice Agreements left Jordan in control of the eastern parts of Jerusalem, while the western sector was held by Israel. Each side recognised the other's de facto control of their respective sectors. The Armistice Agreement, however, was considered internationally as having no legal effect on the continued validity of the provisions of the partition resolution for the internationalisation of Jerusalem. In 1950, Jordan annexed East Jerusalem as part of its larger annexation of the West Bank. Though the United Kingdom and Pakistan recognized Jordanian rule over East Jerusalem, no other country recognized either Jordanian or Israeli rule over the respective areas of the city under their control.
Following the Six-Day War of 1967, Israel declared that Israeli law would be applied to East Jerusalem and enlarged its eastern boundaries, approximately doubling its size. The action was deemed unlawful by other states who did not recognize it. It was condemned by the UN Security Council and General Assembly which described it as an annexation and a violation of the rights of the Palestinian population. In 1980, Israel passed the Jerusalem Law, which declared that "Jerusalem, complete and united, is the capital of Israel". The Security Council declared the law null and void in Resolution 478, which also called upon member states to withdraw their diplomatic missions from the city. The UN General Assembly has also passed numerous resolutions to the same effect.
Israel took control of West Jerusalem during the 1948 Arab–Israeli War, while Jordan had taken control of East Jerusalem (including the walled Old City in which most holy places are located). Israel rejected corpus separatum at the Lausanne Conference of 1949 and instead indicated a preference for a division of Jerusalem into Jewish and Arab zones, and international control and protection only for holy places and sites. Also in 1949, as the UN General Assembly began debating the implementation of its decision of 29 November 1947 regarding the establishment of Jerusalem as a separate international entity under the auspices of the United Nations, Israel declared Jerusalem Israel's "eternal capital".
After Israel conquered East Jerusalem from Jordan in 1967 during the Six-Day War, which it characterised as self-defence, Israel also argued that it had the stronger right to the city. Israel argued that Jordan had no rights to any land west of the Jordan River, and had taken the West Bank and East Jerusalem by an act of aggression and therefore never acquired sovereignty. Following its conquest of East Jerusalem in 1967, Israel merged East Jerusalem with West Jerusalem by administratively extending the municipal boundary of the city.
Positions on the final status of Jerusalem have varied with different Israeli governments. The Oslo Accords declared that the final status of Jerusalem would be negotiated, but Israeli Prime Minister Yitzhak Rabin declared that he would never divide the city. In 1995, he told a group of school children that "if they told us peace is the price of giving up a united Jerusalem under Israeli sovereignty, my reply would be 'let's do without peace'". This position was upheld by his successor, Benjamin Netanyahu. Netanyahu's successor, Ehud Barak, during negotiations, became the first Israeli Prime Minister to allow for a possible division of Jerusalem, despite his campaign promises. Prime Minister Ehud Olmert vowed to keep Jerusalem the "undivided, eternal capital of the Jewish people", but later supported the detachment of several Arab neighborhoods from Israeli sovereignty and the introduction of an international trust to run the Temple Mount. When Netanyahu succeeded Olmert, he declared that "all of Jerusalem would always remain under Israeli sovereignty" and that only Israel would "ensure the freedom of religion and freedom of access for the three religions to the holy places". These statements seem to closely reflect Israeli public opinion. According to a 2012 poll by the Jerusalem Center for Public Affairs, 78% of Jewish voters who responded said that they would reconsider voting for any politician that wants to relinquish Israel's control over the Old City and East Jerusalem.
On 17 May 2015, Prime Minister Netanyahu reiterated, regarding Jerusalem serving as the capital of both Israel and a future Palestinian state, “Jerusalem has forever been the capital of only the Jewish people and no other nation.” On 25 January 2018, Netanyahu repeated the previous government position but seemed to alter the position, reportedly saying: "Under any peace agreement the capital of Israel will continue to be in Jerusalem." (stress added)
Until the Oslo Accords in 1993, and the Letters of Mutual Recognition, the Palestinian leadership had at all times rejected any partition of any part of the former British Mandate territory. However, while they had previously rejected the UN's internationalisation plan, most of the Arab delegations at the Lausanne Conference of 1949 accepted a permanent international regime (called corpus separatum) under United Nations supervision as proposed in Resolutions 181 and 194, and objected to Israel moving to (West) Jerusalem its national institutions, namely the Knesset, the presidential, legislative, judicial and administrative offices.
The Palestinian leadership now claims the "1967 borders" as the borders of the Palestinian territories, and includes East Jerusalem as part of these territories. Despite recognition of Israel, and its support in 1949 of corpus separatum, it had never conceded sovereignty of Jerusalem. In the Israel–Jordan peace treaty, Jordan conceded all claims to the West Bank, including Jerusalem, other than the Muslim holy places.
The United Nations General Assembly does not recognize Israel's proclamation of Jerusalem as the capital of Israel, which is, for example, reflected in the wording of General Assembly Resolution 63/30 of 2009 which states that "any actions taken by Israel, the occupying Power, to impose its laws, jurisdiction and administration on the Holy City of Jerusalem are illegal and therefore null and void and have no validity whatsoever, and calls upon Israel to cease all such illegal and unilateral measures."
Although the General Assembly cannot pass legally binding resolutions over international issues, the United Nations Security Council, which has the authority to do so, has passed a total of six Security Council resolutions on Israel on the matter, including UNSC resolution 478 which affirmed that the enactment of the 1980 BasicJerusalem Law declaring unified Jerusalem as Israel's "eternal and indivisible" capital, was a violation of international law. The resolution advised member states to withdraw their diplomatic representation from the city. The Security Council, as well as the UN in general, has consistently affirmed the position that East Jerusalem (but not west Jerusalem) is occupied Palestinian territory subject to the provisions of the Fourth Geneva Convention. The International Court of Justice in its 2004 Advisory opinion on the "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory" described East Jerusalem as "occupied Palestinian territory".
The UN has never revoked resolutions 181 and 194, and maintains the official position that Jerusalem should be placed under a special international regime. Nevertheless, Secretary-General Ban Ki-moon said on 28 October 2009 that Jerusalem must be the capital of both Israel and Palestine.
The European Union currently views the status of Jerusalem as that of a corpus separatum including both East and West Jerusalem as outlined in United Nations Resolution 181. In the interest of achieving a peaceful solution to the Arab–Israeli conflict, it believes a fair solution should be found regarding the issue of Jerusalem in the context of the two-state solution set out in the Road Map. Taking into account the political and religious concerns of all parties involved, it envisions the city serving as the shared capital of Israel and Palestine.
The EU opposes measures which would prejudge the outcome of permanent status negotiations on Jerusalem, basing its policy on the principles set out in UN Security Council Resolution 242, notably the impossibility of acquisition of territory by force. It will not recognise any changes to pre-1967 borders with regard to Jerusalem, unless agreed between the parties. It has also called for the reopening of Palestinian institutions in East Jerusalem, in accordance with the Road Map, in particular Orient House and the Chamber of Commerce, and has called on the Israeli government to cease all discriminatory treatment of Palestinians in East Jerusalem, especially concerning work permits, access to education and health services, building permits, house demolitions, taxation and expenditure."
The European Union set out its position in a statement of principles last December. A two-state solution with Israel and Palestine side by side in peace and security. A viable state of Palestine in the West Bank, including East Jerusalem, and the Gaza Strip, on the basis of the 1967 lines. A way must be found to resolve the status of Jerusalem as the future capital of both Israel and Palestine.
On 13 December 2017, the Organisation of Islamic Cooperation (OIC), consisting of 57 primarily Muslim countries, declared East Jerusalem as the capital of the State of Palestine and invited “all countries to recognise the State of Palestine and East Jerusalem as its occupied capital.”
On 6 April 2017, the Russian Ministry of Foreign Affairs issued a statement saying, "We reaffirm our commitment to the UN-approved principles for a Palestinian-Israeli settlement, which include the status of East Jerusalem as the capital of the future Palestinian state. At the same time, we must state that in this context we view West Jerusalem as the capital of Israel." Some commentators interpreted this as a Russian recognition of Israel's claim to West Jerusalem, while others understood the statement as a Russian intention to recognize West Jerusalem as Israel's in the context of a peace deal with the Palestinians.
In 2011, Russian president Medvedev stated Russia had recognized the State of Palestine with East Jerusalem as its capital already in 1988, and had not changed that view.
Russia has taken positions against Israeli settlement construction in East Jerusalem. In March 2010, the Russian Foreign Ministry denounced Israeli plans to construct homes for Jewish settlers in East Jerusalem, calling the measure "unacceptable" and in opposition to "internationally acknowledged reconciliation proceedings". In January 2011, reaffirming Russia's recognition of the State of Palestine, President Dmitry Medvedev said Russia "supported and will support the inalienable right of the Palestinian people to an independent state with its capital in East Jerusalem."
On 14 June 2018, Russia held, for the first time, its annual Russia Day reception in Jerusalem, a year after declaring that west Jerusalem is Israel's capital. Until then, the annual reception has been held in the Tel Aviv area.
Greater Jerusalem, May 2006. CIAremote sensing map showing what they regard as settlements, plus refugee camps, fences, walls, etc.
When Israel was founded, the position of the United States was that its recognition of Israel did not imply a particular view on the status of Jerusalem. The US voted for the UN Partition Plan in November 1947, which provided for the establishment of an international regime for the city, and Resolution 194 in 1948, following the 1948 Arab-Israeli War. But the US voted against Resolution 303 in 1949 which reaffirmed that Jerusalem be established a corpus separatum under a special international regime to be administered by the UN, because the US regarded the plan as no longer feasible after both Israel and Jordan had established a political presence in the city. Since then the US position has been that final status of Jerusalem be resolved through negotiations, and it did not recognize Jerusalem as Israel's capital prior to President Donald Trump's announcement on 6 December 2017.
The US opposed Israel's declaration of Jerusalem as its capital in 1949 and opposed Jordan's plan to make Jerusalem its second capital announced in 1950. It opposed Israel's annexation of East Jerusalem after the 1967 war,
and proposed that the future of Jerusalem should be the subject of a negotiated settlement. Subsequent administrations have maintained the same policy that Jerusalem's future not be the subject of unilateral actions that could prejudice negotiations, such as by moving the US embassy from Tel Aviv to Jerusalem.
President George H. W. Bush (1989–1993) said the US does not believe that new settlements should be built in East Jerusalem, and that it does not want to see Jerusalem "divided".
Recognition of Jerusalem as the capital of Israel
In 2008, then-Democratic candidate Barack Obama called Jerusalem the 'capital of Israel'. On 4 June 2008, Obama told the American Israel Public Affairs Committee (AIPAC), in his first foreign policy speech after winning the Democratic nomination the day before, that "Jerusalem will remain the capital of Israel, and it must remain undivided." However, the then-senator and presidential hopeful backtracked almost immediately. In 2010, the Obama administration condemned expansion of Gilo and Ramat Shlomo as well as evictions and house demolitions affecting Palestinians living in East Jerusalem.
The Foreign Relations Authorization Act of 2002, provided: "For purposes of the registration of birth, certification of nationality, or issuance of a passport of a United States citizen born in the city of Jerusalem, the Secretary shall, upon the request of the citizen or the citizen’s legal guardian, record the place of birth as Israel." However, neither President George W. Bush nor Barack Obama complied with it. A federal appeals court declared the 2002 law invalid on 23 July 2013. On 8 June 2015, the Supreme Court of the United States struck down Section 214(d) of the Foreign Relations Authorization Act, FY 2003 in a 6-3 ruling, citing the law as an overreach of Congressional power into foreign policy.
Before moving its embassy to Jerusalem in 2018, the United States maintained a consulate there that dealt primarily with the Palestinian Authority, while relations with the Government of Israel were handled from the U.S. embassy in Tel Aviv.
On 6 December 2017, President Donald Trump's administration officially recognized Jerusalem as the capital of Israel. Trump added that the State Department would initiate the process of building a new US embassy in Jerusalem. Secretary of State Rex Tillerson later clarified that the President's statement "did not indicate any final status for Jerusalem" and "was very clear that the final status, including the borders, would be left to the two parties to negotiate and decide." State Department officials said on 8 December that there will not be any immediate practical changes in how the US deals with Jerusalem. This includes the United States policy of not listing a country on the passports of citizens born in Jerusalem. On 8 December, Assistant Secretary of State David M. Satterfield said "There has been no change in our policy with respect to consular practice or passport issuance at this time." When asked what country the Western Wall is in, State Department spokeswoman Heather Nauert said "We're not taking any position on the overall boundaries. We are recognizing Jerusalem as the capital of Israel".
The United Kingdom position on Jerusalem states that "Jerusalem was supposed to be a ‘corpus separatum’, or international city administered by the UN. But this was never set up: immediately after the UNGA resolution partitioning Palestine, Israel occupied West Jerusalem and Jordan occupied East Jerusalem (including the Old City). We recognised the de facto control of Israel and Jordan, but not sovereignty. In 1967, Israel occupied E Jerusalem, which we continue to consider is under illegal military occupation by Israel. Our Embassy to Israel is in Tel Aviv, not Jerusalem. In E Jerusalem we have a Consulate-General, with a Consul-General who is not accred to any state: this is an expression of our view that no state has sovereignty over Jerusalem."
The UK believes that the city's status has yet to be determined, and maintains that it should be settled in an overall agreement between the parties concerned, but considers that the city should not again be divided. The Declaration of Principles and the Interim Agreement, signed by Israel and the PLO on 13 September 1993 and 28 September 1995 respectively, left the issue of the status of Jerusalem to be decided in the ‘permanent status’ negotiations between the two parties.
In 2012, the UK Press Complaints Commission initially ruled that the newspaper The Guardian had not acted wrongly in writing that "Jerusalem is not the capital of Israel; Tel Aviv is," but this was later overturned. In the latter ruling, the UK Press Complaints Commission ruled that The Guardian was wrong to refer to the Israeli capital unequivocally as Tel Aviv, saying that this "had the potential to mislead readers and raised a breach of... the Editors’ Code of Practice." In addition, prior to the latter ruling, The Guardian retracted their statement, saying, "While it was therefore right to issue a correction to make clear Israel's designation of Jerusalem as its capital is not recognised by the international community, we accept that it is wrong to state that Tel Aviv – the country's financial and diplomatic centre – is the capital".
The Vatican has had a long-held position on Jerusalem and its concern for the protection of the Christian holy places in the Holy Land which predates the Palestinian Mandate. The Vatican's historic claims and interests, as well as those of Italy and France were based on the former Protectorate of the Holy See and the French Protectorate of Jerusalem, which were incorporated in article 95 of the Treaty of Sèvres (1920), which incorporated the Balfour Declaration, but also provided: “it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine“. The Balfour Declaration and the proviso were also incorporated in the Palestinian Mandate (1923), but which also provided in articles 13 and 14 for an international commission to resolve competing claims on the holy places. These claimants had officially lost all capitulation rights by article 28 of the Treaty of Lausanne (1923). However, Britain never gave any effect to Mandate provisions arts 13 & 14. During the drafting of proposals that culminated in the United Nations Partition Plan for Palestine (also known as Resolution 181) in 1947, the historic claims of the Vatican, Italy and France were revived, and expressed as the call for the special international regime for the city of Jerusalem. This was also confirmed in UN General Assembly Resolution 194 in 1948, which maintained the position that Jerusalem be made an international city, under United Nations supervision. The Vatican's official position on the status of Jerusalem was in favour of an internationalization of Jerusalem, in order to keep the holy place away from either Israeli or Arab sovereignty.
Pope Pius XII supported this idea in the 1949 encyclical Redemptoris nostri cruciatus. It was proposed again during the papacies of John XXIII, Paul VI, John Paul II and Benedict XVI. The Vatican reiterated this position in 2012, recognizing Jerusalem's "identity and sacred character" and calling for freedom of access to the city's holy places to be protected by "an internationally guaranteed special statute". After the US recognized Jerusalem as Israel's capital in December 2017, Pope Francis repeated the Vatican’s position: "I wish to make a heartfelt appeal to ensure that everyone is committed to respecting the status quo of the city, in accordance with the relevant resolutions of the United Nations."
Australia: Australia does not officially recognize Jerusalem as Israel's capital and maintains its embassy in Tel Aviv. In June 2014, Prime Minister Tony Abbott's government said in a statement that it does not view East Jerusalem as "occupied", since the "term [is] freighted with pejorative implications which is neither appropriate nor useful".
Canada: According to Global Affairs Canada, "Canada considers the status of Jerusalem can be resolved only as part of a general settlement of the Palestinian–Israeli dispute. Canada does not recognize Israel's unilateral annexation of East Jerusalem." In the fact sheet on Israel displayed on the Canadian Foreign Affairs Department's website, the "Capital" field states that "While Israel designates Jerusalem as its capital, Canada believes that the final status of the city needs to be negotiated between the Israelis and Palestinians. At present, Canada maintains its Embassy in Tel Aviv."
Chile: The Chilean government considers Jerusalem to be a city with special status, whose final sovereignty must be decided by both Israel and Palestine. It also considers Israel's occupation and control over East Jerusalem illegal. Chile maintains its embassy to Israel in Tel Aviv, while its representative office to the State of Palestine is located in Ramallah.
China: China recognizes East Jerusalem as the capital of the State of Palestine. In a 2016 speech to the Arab League, PRC president Xi Jinping said that “China firmly supports the Middle East peace process and supports the establishment of a State of Palestine enjoying full sovereignty on the basis of the 1967 borders and with East Jerusalem as its capital.” China announced that this position remains unchanged in the aftermath of the US recognizing Jerusalem as Israel's capital.
Czech Republic: In May 2017, the Chamber of Deputies of the Czech Parliament rejected a UNESCO resolution that criticized Israel for its excavations in East Jerusalem. The Chamber declared that the Czech government "should advocate a position respecting Jerusalem as the Israeli capital city" and called on the government to withhold its annual funding of UNESCO. On 6 December 2017, following the recognition statement by the United States, the Czech Foreign Ministry acknowledged that Jerusalem is "in practice the capital of Israel in the borders of the demarcation line from 1967", but said the Czech government, in line the positions of other EU member states, considers the city to be the future capital of both Israel and Palestine. The Ministry also said it would consider moving the Czech embassy from Tel Aviv to Jerusalem "only based on results of negotiations with key partners in the region and in the world." In May 2018, Czech Republic reopened its honorary consulate in Jerusalem.
Denmark: "Israel has declared Jerusalem to be its capital. Due to the conflict and unclear situation concerning the city's status foreign embassies are in Tel Aviv."
Finland: "Israel considers Jerusalem to be its capital city. The international community has not recognized this. The Finnish embassy is in Tel Aviv."[not in citation given]
France: "It is up to the parties to come to a final and overall agreement with regard to the final status, which would put an end to the conflict. France believes that Jerusalem must become the capital of the two States."
Germany: According to Germany's Foreign Minister Sigmar Gabriel, Germany is committed to a two-state solution and believes that the final status of Jerusalem must be resolved through negotiations between the Israelis and Palestinians.
Guatemala: On 24 December 2017, Guatemala's President Jimmy Morales announced that the Guatemalan embassy would be relocated to Jerusalem, the first such announcement to come since Jerusalem was recognized as the capital of Israel by the United States.
Italy: "Endorsing the stance of the European Union in this regard, Italy does not recognise the legitimacy of any border changes that are not agreed between the parties. The question of Jerusalem is extremely sensitive, being the home to the Holy Places belonging to the three great monotheistic religions. To resolve this issue it will be necessary for the parties to reach a difficult, but possible, agreement to safeguard the special character of the city and meet the expectations of both peoples."
Japan: In a 1980 statement to the United Nations, Japan criticized Israel's proclamation of Jerusalem as its united capital: "Japan cannot recognize such a unilateral change to the legal status of an occupied territory, which is in total violation of the relevant United Nations resolutions". Japan later reiterated its position in a 2001 UN report: "Japan believes that issues relating to Jerusalem should be resolved through the permanent status negotiations between the parties concerned, and until such a solution is achieved both parties should refrain from taking any unilateral action relating to the situation in Jerusalem."
Norway: In 2010, the Norwegian Foreign Ministry said "Norway considers the Israeli presence in East Jerusalem to be in violation of international law, as does the entire international community."
Philippines: On 6 December 2017, following the recognition statement by the United States, President Rodrigo Duterte expressed interest in relocating the embassy of the Philippines from Tel Aviv to Jerusalem and reportedly contacted the Foreign Ministry of Israel to discuss the plans. However, the Philippines' Department of Foreign Affairs later mentioned that it does not support Trump's statement to recognize Jerusalem as Israel's capital and expressed its support for a two-state solution.
Republic of China (Taiwan): According to a 7 December 2017 announcement by Taiwan's Ministry of Foreign Affairs (MOFA), Taiwan considers Jerusalem to be the capital of Israel, but has no plans of moving its representative office to the city in the wake of Donald Trump's formal recognition of it as Israel's capital. Although Jerusalem is listed as the capital of Israel on MOFA's website, the ministry notes that its status as such "has not been widely recognized by the international community" and remains highly controversial.
Romania: In April 2018, Prime Minister Viorica Dăncilă announced that the Government has adopted a memorandum regarding the initiation of procedures to relocate the Romanian embassy from Tel Aviv to Jerusalem. President Klaus Iohannis, who had not been informed about this decision, accused the Premier of violating the Constitution, while emphasizing "the need for a just and lasting settlement of the Israeli-Palestinian conflict by implementing the two-state solution."
Saint Vincent and the Grenadines: "St Vincent and the Grenadines strongly urges the United States of America to acknowledge that any unilateral declaration on its part regarding the status of Jerusalem will not in any way advance the cause of a just, peaceful and lasting solution to the dispute between the peoples of Israel and Palestine".
Saudi Arabia: Saudi Arabia expressed disappointment in the United States's recognition of Jerusalem as Israel's capital. The Saudi government called the action "irresponsible and unwarranted" and reaffirmed its support for a negotiated two-state solution.
Singapore: In a 7 December 2017 statement, Singapore's Ministry of Foreign Affairs reaffirmed the country's support for a two-state solution where the final status of Jerusalem would be "decided through direct negotiations between Israel and the Palestinians."
Slovakia: "Slovakia is on its way to relocating its embassy to Jerusalem,” the head of the Slovak National Council Andrej Danko said on July 4, 2018 in a meeting with the President of Israel. A date for the relocation has not been provided, but Slovakia will first open an honorary consulate in the city.
Sweden: "Sweden, like other states, does not recognise Jerusalem as Israel's capital, which is why the embassy is in Tel Aviv."
Turkey: On 17 December 2017, Turkey's President Recep Tayyip Erdoğan said "the day is close when officially" his nation will open an embassy in East Jerusalem. This statement came several days after Erdoğan had called for worldwide recognition of East Jerusalem as the occupied capital of a Palestinian state at a summit of Muslim countries convened in response to the US recognition of Jerusalem as Israel's capital.
Vanuatu: The Republic of Vanuatu recognized Jerusalem as the capital of Israel in June 2017. Vanuatu President Baldwin Lonsdale issued the recognition in response to a controversial UNESCO resolution passed in October 2016 that, according to the Israeli government, downplays Jewish connection to the Temple Mount.
Various countries recognized Israel as a state in the 1940s and 1950s, without recognizing Israeli sovereignty over West Jerusalem. There is an international sui generis consular corps in Jerusalem. It is commonly referred to as the "Consular Corps of the Corpus Separatum". The states that have maintained consulates in Jerusalem say that it was part of Mandate Palestine, and in a de jure sense has not since become part of any other sovereignty. The Netherlands maintains an office in Jerusalem serving mainly Israeli citizens. Other foreign governments base consulate general offices in Jerusalem, including Greece, Spain, the United Kingdom and the United States. Since the President of Israel resides in Jerusalem and confirms the foreign diplomats, the ambassadors have to travel from Tel Aviv to Jerusalem to submit letters of credentials upon being appointed.
On 16 May 2018, Guatemala reopened its embassy in Jerusalem, making it the second country to move its embassy to the city, after the US. Paraguay has also moved its embassy to Jerusalem in May. Panama has said it will move its embassy as part of the peace process, and that it recognises West Jerusalem as part of Israel.
On 6 September 2018, Paraguay announced that plans to move the embassy to Jerusalem will be scrapped as the embassy is relocated to Tel Aviv. This move was part of Mario Abdo Benítez's disagreements over the embassy relocation.
Until May 2018, the United States maintained its embassy in Tel Aviv, and a consulate general in Jerusalem as part of the "Consular Corps of the Corpus Separatum".[full citation needed] Under the United States Constitution the President has exclusive authority to recognize foreign sovereignty over territory. The US Congress has adopted a number of concurrent resolutions which support recognition of a united Jerusalem as the capital of Israel and urging Jerusalem as the site of the US embassy. The resolutions expressed the "sense" of the House or Senate but had no binding effect. The Jerusalem Embassy Act of 1995 reads "Jerusalem should be recognized as the capital of the State of Israel; and the United States Embassy in Israel should be established in Jerusalem no later than 31 May 1999". The Justice DepartmentOffice of Legal Counsel concluded that the provisions of the bill "invade exclusive presidential authorities in the field of foreign affairs and are unconstitutional." Experts in the field of foreign relations law have said that, faced with congressional force majeure, the State Department could simply construct another embassy in Jerusalem and continue to argue that the US does not recognize Jerusalem as the capital. The US Consulate was given a lot in the neighborhood of Talpiot in 1989 with a 99-year lease agreement with the Israeli government and relocated there in 2002. On 14 May 2018, the US reclassified its Jerusalem consulate as the US embassy in Jerusalem.
^Leigh Phillips (19 November 2009). "EU rebukes Israel for Jerusalem settlement expansion". EUObserver. "The issue of Jerusalem is one of the most intractable issues in the Israel-Palestine conflict. While both Israelis and Palestinians claim Jerusalem as their capital, most countries maintain their embassies in Tel Aviv while the occupied territories are administered by the Palestinian Authority in the town of Ramallah."
^Sherwood, Harriet (30 January 2014). "Israel-Palestinian peace talks: the key issues". The Guardian. Retrieved 10 December 2017. Both Israel and the future state of Palestine want Jerusalem as their capital. ... The international consensus is that Jerusalem would have to be the shared capital of both states.
^A/RES/67/19 of 4 December 2012. United Nations General Assembly. The General Assembly emphasized "the need for a way to be found through negotiations to resolve the status of Jerusalem as the capital of two States".
^Paul J. I. M. de Waart (2005). "International Court of Justice Firmly Walled in the Law of Power in the Israeli–Palestinian Peace Process". Leiden Journal of International Law. 18 (3): pp. 467–487. "The Court ascertained the legal significance of the 'sacred trust of civilization' of the League of Nations (LoN) in respect of the 1922 Palestine Mandate as the origin of the present responsibility of the United Nations".
^General Assembly resolution 48/158D, 20 December 1993. para. 5(c) stipulated that the permanent status negotiations should guarantee "arrangements for peace and security of all States in the region, including those named in resolution 181(II) of 29 November 1947
^"The Palestinian Official Position". Archived from the original on 12 February 2006. Retrieved 10 February 2006.CS1 maint: BOT: original-url status unknown (link) , Palestinian National Authority, Ministry of Information, copy from Archive.org, retrieved 20 June 2007.
^UNGA, 30 November 2011, Resolution adopted by the General Assembly, 66/18. JerusalemArchived 2014-02-03 at the Wayback Machine. (doc.nr. A/RES/66/18 d.d. 26-01-2012) "Recalling its resolution 181 (II) of 29 November 1947, in particular its provisions regarding the City of Jerusalem," "Reiterates its determination that any actions taken by Israel, the occupying Power, to impose its laws, jurisdiction and administration on the Holy City of Jerusalem are illegal and therefore null and void and have no validity whatsoever,"
^See Restatement (3rd) Foreign Relations Law of the United States, American Law Institute, 1986, §§ 203 Recognition or Acceptance of Governments and §§ 204 Recognition and Maintaining Diplomatic Relations Law of the United States.