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Five Options To Divide The Jerusalem Cake

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  • Five Options To Divide The Jerusalem Cake

    FIVE OPTIONS TO DIVIDE THE JERUSALEM CAKE
    By Nadav Shragai

    Daily Star - Lebanon
    March 20 2006

    Some Israeli political parties have openly discussed the transfer of
    Arab neighborhoods in East Jerusalem to the Palestinian Authority.

    But when it comes to the Old City and the Temple Mount, there is
    still reticence to challenge public conventions regarding what all
    agree are the most emotionally charged places in the world.

    Nevertheless, Ruth Lapidoth is heading a team of experts under
    the auspices of the Jerusalem Institute for Israel Studies (JIIS),
    to suggest options for a settlement of this holy and disputed area
    known as the "historic basin of Jerusalem" - the Old City and its
    adjacent territories.

    Lapidoth and her team are not the first to offer solutions for the
    Old City and Jerusalem. On various occasions, concerned parties have
    floated the idea of expropriating all political sovereignty from
    Jerusalem within the walls, seeing it as a holy place belonging
    to no one, to be governed by a joint council of Jews, Muslims and
    Christians. However, the current JIIS report abandons, to a large
    extent, the idea of areas devoid of sovereignty. In the majority of
    its options it proposes a return to old-style partition. The five
    options were recently presented to acting Prime Minister Ehud Olmert
    and the chairman of the Likud and Labor parties.

    The first option proposes full sovereignty and control of the basin
    by Israel, while granting some autonomy to Palestinian residents,
    and perhaps also determining a special status for Christian and
    Muslim holy places. The proposal essentially institutionalizes the
    existing situation, as Muslims and Christians currently operate their
    institutions autonomously. This option also proposes the possibility of
    granting international immunity to the holy places or to the clergymen
    serving in them.

    The second option is the exact opposite: Full sovereignty and control
    by the Palestinians throughout the basin, with autonomy for the Jewish
    residents (for instance in the Jewish Quarter) and special status
    for Jewish holy places. This option would perhaps be acceptable to
    the vast majority of Palestinians, but one may safely assume that
    Israel would reject it out of hand, just as the Palestinians would
    reject the first option.

    The third option proposes a territorial division between the sides,
    with international supervision. In this option, following an agreement
    on boundaries, each side is sovereign and the source of authority in
    the territory allocated to it. The territorial division of the basin
    between Israel and Palestinians could be implemented on the basis of
    a wide variety of alternate borderlines, which the team lays out in
    five sub-options:

    First, the Jewish and Armenian Quarters under Israeli sovereignty,
    the Muslim and Christian Quarters under Palestinian sovereignty,
    and the Temple Mount included under Israeli sovereignty.

    Second, the Jewish and Armenian quarters included under Israeli
    sovereignty, the Muslim and Christian quarters under Palestinian
    sovereignty and the Temple Mount under Palestinian sovereignty.

    Third, the Jewish Quarter under Israeli sovereignty and the other
    three quarters and the Temple Mount under Palestinian sovereignty.

    Fourth, the Jewish, Armenian and Christian quarters, and the Temple
    Mount, under Israeli sovereignty, and the Muslim Quarter under
    Palestinian sovereignty.

    http://www.dailystar.com.lb

    Fifth, each of the above options, with territorial division of the
    Temple Mount between Israel and the Palestinians.

    The issues raised by this third option are complex, and some seem
    irresolvable at first glance: for example, the request for freedom
    of Jewish ritual on the Temple Mount, the issue of supervision
    of construction, human rights, preservation of antiquities,
    border-crossing conditions, restrictions on security matters, the scope
    of judicial and criminal jurisdiction of each side over citizens from
    the other side who enter territory under their control.

    On the basis of this option, the two sides would grant surveillance
    and oversight authorities to an international body. This body, which
    would function as an "observer," would have to examine whether the
    sides carried out the directives of the arrangement.

    A fourth option proposes joint management, and a division of authority
    between the two sides with international backing. The Old City basin
    would operate as a single unit, and the sides would share the majority
    of administrative and policing authorities in the basin.

    The international body would be responsible for authority in areas
    in which the joint operation would, for whatever reason, fail. The
    agreement could determine a period of time upon the conclusion of
    which the international body would have to restore to the different
    sides those authorities that it assumed.

    In the fifth option, similar to the fourth, the historic basin would
    "usually" be administered as a single unit, although this would be
    carried out by the international body itself, and not by the parties.

    Nevertheless, it is possible that relatively small areas, primarily
    those holy places on which there is no dispute, would be divided
    among the sides on a territorial basis. According to this plan,
    which would essentially mean internationalization of the holy basin,
    the international body would retain not only supervision and oversight
    authorities; it would also be responsible for administering the holy
    basin, and would constitute its source of authority and control.

    One of the more interesting questions is who would operate
    the international body? Here, again, the team lays out several
    sub-options: an international organization such as the United Nations;
    a multinational organization that would be established especially
    for the purposes of this task; or a country such as the United States
    or Switzerland.

    The permanent settlement team of the JIIS did not expressly recommend
    any of these options, but it does favor some sort of international
    involvement in administration of the Old City, mainly in the areas
    of security and preservation and supervision of the holy places. The
    bottom line of the new report states: "It is especially complicated
    to plan and put into place a special regime for the historic basin,
    but it may be assumed that there is no other solution that could gain
    the agreement of the two sides and of the international community."

    Nadav Shragai is a correspondent for Haaretz. THE DAILY STAR publishes
    this commentary in collaboration with the Common Ground News Service.
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