Amb. Alan Baker: US Consulate in Jerusalem: The Bottom Line
The May 2018 proclamation by the U.S. formally recognizing Jerusalem as the capital of Israel established a new bilateral legal situation that replaced the former policy of non-recognition, whereby the U.S. acknowledged the application of Israeli law in Jerusalem. The 2018 proclamation rendered the existence of an independent U.S. consulate in Jerusalem serving the Palestinian administration as redundant and incompatible with official U.S. policy.US, Israel to Form Team to Discuss Palestinian Consulate
The mutually accepted consular relationship between Israel and the U.S. is based on the 1963 Vienna Convention of Consular Relations. Article 4 of this convention determines that consular posts may only be established in the territory of the receiving state with that state's consent. Similarly, Articles 7 and 8 of the convention require that the exercise of consular functions vis-a-vis or on behalf of another state requires specific approval.
Opening a U.S. consulate in Jerusalem to serve the Palestinians, without Israel's prior consent and sanction, would be a flagrant breach of Article 4 of the Vienna Convention on Consular Relations.
In Article IX (5) of the 1995 Israel-PLO Interim Agreement (Oslo 2), the parties agreed that the Palestinian Authority will not have powers and responsibilities in the sphere of foreign relations. The same article provides for the possible establishment of "representative offices" by foreign states in the area under the control of the Palestinian Authority and would not require Israel's consent.
Only in this manner could the U.S. establish a mission to provide services to the Palestinian Authority and its population that would be compatible with U.S. policy, with American international law commitments, and that would not undermine U.S. commitments and proclamations.
The United States and Israel are planning to form a team that will hold discreet negotiations on the reopening of the US Consulate in Jerusalem serving Palestinians, Israeli officials told Axios reporter Barak Ravid.Morton Klein: Israel can't submit to Biden pressure on consulate, settlements - opinion
The diplomatic mission was the US government’s de facto representative office to the Palestinian Authority before being shut down by the administration of former president Donald Trump in March 2019.
The consulate was downgraded to the Palestinian Affairs Unit and merged with the US Embassy in Jerusalem that opened in May of 2018 after Trump recognized Jerusalem as Israel’s capital.
Trump acted under the bipartisan Jerusalem Embassy Act of 1995 requiring the US to move its embassy to Jerusalem and recognize the city as Israel’s capital. The law was waived by previous presidents.
The current Israeli government opposes the reopening of the Palestinian consulate, citing the fragile nature of the diverse coalition cobbled together that succeeded in ousting former prime minister Benjamin Netanyahu from power after 12 years in office.
However, US President Joe Biden told Israeli Prime Minister Naftali Bennett during a recent White House visit that his administration is determined to reopen the the consulate.
Freezes on Jewish building in Judea/Samaria and Jerusalem would be especially detrimental now. Aliyah is way up. Jews face dramatically increasing worldwide antisemitism. Thousands are finally realizing the 2,000-year-old dream to return to the Jewish homeland. In 2020, over 20,000 Jews moved to Israel from 70 foreign countries. Aliyah in 2021 is record-breaking. More building is needed to house Jews returning home – not less.David Singer: European Union and Germany plot to see Jerusalem divided
Pressuring Israel to freeze building also violates Israel’s sovereign right to Judea, Samaria and Jerusalem under binding international law (including the Mandate, San Remo Resolution, Anglo-American treaty and UN Charter). In 2019, the US acknowledged that Jewish communities in Judea/Samaria are legal. Jews moreover have the moral and historic right to these areas. Jewish kingdoms reigned here for hundreds of years. Jews have lived here for thousands of years.
Judea/Samaria is also a haven for avoiding Hamas rocket attacks from Gaza, and Hezbollah rocket attacks from Lebanon. The “Protectors of Israel” (Bithonistim) movement of over 2,400 Israeli security and military professionals explains that Israeli sovereignty in Judea/Samaria is essential for securing Israel’s defense.
In addition, building in the E1 corridor connecting Jerusalem with Jerusalem suburb Ma’aleh Adumim would help stop Arab attacks on Jews traveling back and forth to their homes.
The Biden administration’s demands reflect the will of Biden’s slew of anti-Israel appointees: Reema Dodin justified and encouraged suicide bombings against Jews, organized anti-Israel rallies, and spread anti-Israel blood libels; Samantha Power enabled the passage of extreme anti-Israel UN Security Council Resolution 2334, and called for the US to give the PA terrorist regime a “protection force” against Israel; Deputy Assistant Secretary for Israeli-Palestinian Affairs Hady Amr wrote he “was inspired by the Palestinian intifada” (the terrorist war in which Arab terrorists murdered or maimed 10,000 Jews); National Security Council official Maher Bitar supports BDS and ran a seminar on how to demonize Israel – to name just a few.
Concerningly, Bennett appears to be at least partly appeasing Biden’s demands, including by offering to limit building in Judea/Samaria to “natural growth” and by delaying building approval meetings – a de facto freeze.
The decision by the European Union (EU) and Germany to launch the East Jerusalem Tourism Development Programme is in reality a blatant attempt by them to see Jerusalem divided by creating political facts on the ground under the guise of helping promote tourism in East Jerusalem.
The German representative - Oliver Owcza – was quite happy to create this tourism smokescreen:
“As Germans and Europeans we value tourism that is of quality and locally owned. We therefore are confident this project will connect the tourism community and support new concepts and services. As it will contribute to more and better job and career opportunities”
European Union Representative - Sven Kühn Von Burgsdorff – however - did not seek to hide the consortium’s real objective - firing these bullets:
‘’Palestinians in East Jerusalem are facing daily political, economic, and social challenges. Tourism has always been one of the main income-generating activities in the city and helped maintaining the Palestinian presence and identity of the city.
"Our joint work as Europeans reflects once again the clear and united position of the EU and its Member States with regard to East Jerusalem. For us, East Jerusalem is part of the occupied Palestinian territory and the status of Jerusalem as the future capital for the two states should always be respected and protected.’’
Words do have meaning.
“Palestinians in East Jerusalem”, “Palestinian territory” and “maintaining the Palestinian presence and identity of the city” excludes any rights Jews, non-Arab Christians and non-Arab Moslems might have in East Jerusalem - according to the self-created definition of “Palestinians” in Clause 6 of the 1964 Palestine Liberation Organisation (PLO) Charter:
“The Palestinians are those Arab citizens who were living normally in Palestine up to 1947, whether they remained or were expelled. Every child who was born to a Palestinian parent after this date whether in Palestine or outside is a Palestinian.”