Corpus separatum
Encyclopedia
Corpus separatum is used with regard to Jerusalem according to the 1947 UN Partition Plan
which used it to refer to a proposed internationally administered zone to include Jerusalem in the 1947 municipal boundaries "plus surrounding villages and towns, the most eastern of which shall be Abu Dis
; the most southern, Bethlehem
; the most western Ein Karem (including also the built-up area of Motsa); and the most northern Shu'fat." (Part III (B)) The special status for the city was because "of its association with three world religions". It was to be "under a special international regime and shall be administered by the United Nations". (Part III (A))
United Nations General Assembly Resolution 194, 11 December 1948 established a United Nations Conciliation Commission
and reaffirmed this statement. United Nations General Assembly Resolution 303 confirmed the decision to place Jerusalem under a permanent international regime according to the 1947 UN Partition Plan.
The Partition Plan was accepted by the Jewish Palestinians, but was rejected by the Arab Palestinians as well as by other Arab nations, six of which attacked Israel after it declared statehood . The Plan was never implemented. At the end of the 1948-49 War, under the Armistice Agreement, an Armistice Demarcation Line was drawn, with Western Jerusalem under Israeli
occupation, together with the whole West Bank, controlled by Transjordan
. Following the Six-Day War
of 1967, Israel also gained military control of East Jerusalem
and the West Bank
, and unlawfully annexed east Jerusalem to Israel. Jerusalem became a unified municipality. The present municipal boundaries of Jerusalem are not the same as those of the corpus separatum set out in the Partition Plan, and do not include Bethlehem.
passed a Jerusalem Law
declaring united Jerusalem to be Israel's capital in 1980, although the clause "the integrity and unity of greater Jerusalem (Yerushalayim rabati) in its boundaries after the Six-Day War shall not be violated" was dropped from the original bill. United Nations Security Council Resolution 478
condemned this and no countries today have located their embassies in Jerusalem; however, Bolivia
and Paraguay
have their embassies in Mevaseret Zion
, a suburb 10 km west of Jerusalem.
On October 23, 1995, the United States Congress
passed the advisory Jerusalem Embassy Act
saying that "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 May 31, 1999". Since 1995, the relocation of the embassy from Tel Aviv
has been suspended by the President semi-annually, each time stating that "[the] Administration remains committed to beginning the process of moving our embassy to Jerusalem". Since the US Congress does not control US foreign policy, despite the Embassy Act, official U.S. documents and web sites do not refer to Jerusalem as the capital of Israel.
The European Union
continues to support the internationalisation of Jerusalem in accordance with the 1947 UN Partition Plan and regards Jerusalem as having the status of corpus separatum .
The Holy See
has previously expressed support for the status of corpus separatum. Pope Pius XII was the among the first to make such a proposal in the 1949 encyclical Redemptoris Nostri Cruciatus
. This idea was later re-proposed during the papacies of John XXIII, Paul VI and John Paul II.
1947 UN Partition Plan
The United Nations Partition Plan for Palestine was created by the United Nations Special Committee on Palestine in 1947 to replace the British Mandate for Palestine with "Independent Arab and Jewish States" and a "Special International Regime for the City of Jerusalem" administered by the United...
which used it to refer to a proposed internationally administered zone to include Jerusalem in the 1947 municipal boundaries "plus surrounding villages and towns, the most eastern of which shall be Abu Dis
Abu Dis
Abu Dis is a Palestinian town in the Jerusalem Governorate, bordering Jerusalem. Abu Dis is due east of the Jerusalem municipal border. According to the Palestinian Central Bureau of Statistics , the town had a population of approximately 12,100 in mid-year 2006.-Ottoman era:Abu Dis was one of the...
; the most southern, Bethlehem
Bethlehem
Bethlehem is a Palestinian city in the central West Bank of the Jordan River, near Israel and approximately south of Jerusalem, with a population of about 30,000 people. It is the capital of the Bethlehem Governorate of the Palestinian National Authority and a hub of Palestinian culture and tourism...
; the most western Ein Karem (including also the built-up area of Motsa); and the most northern Shu'fat." (Part III (B)) The special status for the city was because "of its association with three world religions". It was to be "under a special international regime and shall be administered by the United Nations". (Part III (A))
United Nations General Assembly Resolution 194, 11 December 1948 established a United Nations Conciliation Commission
United Nations Conciliation Commission
The United Nations Conciliation Commission was created by UN General Assembly Resolution 194, in order to conclude the 1948 Arab-Israeli War.On December 11, 1948, the UN General Assembly adopted the proposal to set up the committee with delegates of three nations. France, Turkey and the United...
and reaffirmed this statement. United Nations General Assembly Resolution 303 confirmed the decision to place Jerusalem under a permanent international regime according to the 1947 UN Partition Plan.
The Partition Plan was accepted by the Jewish Palestinians, but was rejected by the Arab Palestinians as well as by other Arab nations, six of which attacked Israel after it declared statehood . The Plan was never implemented. At the end of the 1948-49 War, under the Armistice Agreement, an Armistice Demarcation Line was drawn, with Western Jerusalem under Israeli
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
occupation, together with the whole West Bank, controlled by Transjordan
Transjordan
The Emirate of Transjordan was a former Ottoman territory in the Southern Levant that was part of the British Mandate of Palestine...
. Following the Six-Day War
Six-Day War
The Six-Day War , also known as the June War, 1967 Arab-Israeli War, or Third Arab-Israeli War, was fought between June 5 and 10, 1967, by Israel and the neighboring states of Egypt , Jordan, and Syria...
of 1967, Israel also gained military control of East Jerusalem
East Jerusalem
East Jerusalem or Eastern Jerusalem refer to the parts of Jerusalem captured and annexed by Jordan in the 1948 Arab-Israeli War and then captured and annexed by Israel in the 1967 Six-Day War...
and the West Bank
West Bank
The West Bank ) of the Jordan River is the landlocked geographical eastern part of the Palestinian territories located in Western Asia. To the west, north, and south, the West Bank shares borders with the state of Israel. To the east, across the Jordan River, lies the Hashemite Kingdom of Jordan...
, and unlawfully annexed east Jerusalem to Israel. Jerusalem became a unified municipality. The present municipal boundaries of Jerusalem are not the same as those of the corpus separatum set out in the Partition Plan, and do not include Bethlehem.
Later status of Jerusalem
The Israeli KnessetKnesset
The Knesset is the unicameral legislature of Israel, located in Givat Ram, Jerusalem.-Role in Israeli Government :The legislative branch of the Israeli government, the Knesset passes all laws, elects the President and Prime Minister , approves the cabinet, and supervises the work of the government...
passed a Jerusalem Law
Jerusalem Law
The Jerusalem Law is a common name of Basic Law: Jerusalem, Capital of Israel passed by the Knesset on July 30, 1980 .It began as a private member's bill proposed by Geula Cohen, whose original text stated that "the integrity and unity of greater Jerusalem in its boundaries after the Six-Day War...
declaring united Jerusalem to be Israel's capital in 1980, although the clause "the integrity and unity of greater Jerusalem (Yerushalayim rabati) in its boundaries after the Six-Day War shall not be violated" was dropped from the original bill. United Nations Security Council Resolution 478
United Nations Security Council Resolution 478
United Nations Security Council Resolution 478, adopted on August 20, 1980, declared Israel's 1980 Jerusalem Law a violation of international law, and states that the Council will not recognize this law, and calls on member states to accept the decision of the council. This resolution also calls...
condemned this and no countries today have located their embassies in Jerusalem; however, Bolivia
Bolivia
Bolivia officially known as Plurinational State of Bolivia , is a landlocked country in central South America. It is the poorest country in South America...
and Paraguay
Paraguay
Paraguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the...
have their embassies in Mevaseret Zion
Mevaseret Zion
Mevaseret Zion is a suburb of Jerusalem, Israel. Mevaseret Zion is composed of two distinct townships, Maoz Zion and Mevaseret Yerushalayim—under the jurisdiction of one local council. The newer neighborhoods of Mevaseret Zion were not part of either settlement.Mevaseret Zion is located on a...
, a suburb 10 km west of Jerusalem.
On October 23, 1995, the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
passed the advisory Jerusalem Embassy Act
Jerusalem Embassy Act
The Jerusalem Embassy Act of 1995 is a public law of the United States passed by the 104th Congress on October 23, 1995. It was passed for the purposes of initiating and funding the relocation of the Embassy of the United States in Israel from Tel Aviv to Jerusalem, no later than May 31, 1999, and...
saying that "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 May 31, 1999". Since 1995, the relocation of the embassy from Tel Aviv
Tel Aviv
Tel Aviv , officially Tel Aviv-Yafo , is the second most populous city in Israel, with a population of 404,400 on a land area of . The city is located on the Israeli Mediterranean coastline in west-central Israel. It is the largest and most populous city in the metropolitan area of Gush Dan, with...
has been suspended by the President semi-annually, each time stating that "[the] Administration remains committed to beginning the process of moving our embassy to Jerusalem". Since the US Congress does not control US foreign policy, despite the Embassy Act, official U.S. documents and web sites do not refer to Jerusalem as the capital of Israel.
The European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
continues to support the internationalisation of Jerusalem in accordance with the 1947 UN Partition Plan and regards Jerusalem as having the status of corpus separatum .
The Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
has previously expressed support for the status of corpus separatum. Pope Pius XII was the among the first to make such a proposal in the 1949 encyclical Redemptoris Nostri Cruciatus
Redemptoris Nostri Cruciatus
Redemptoris Nostri Cruciatus is a peace encyclical of Pope Pius XII focusing on the war in Palestine. It was given at St. Peter's f Good Friday, April 15, 1949....
. This idea was later re-proposed during the papacies of John XXIII, Paul VI and John Paul II.
See also
- Positions on JerusalemPositions on JerusalemThere are differing legal and diplomatic positions on Jerusalem held within the international community. Governments and scholars alike are divided over the legal status of Jerusalem under international law. Most countries of the world do not recognize Jerusalem as Israel's capital. Many do not...
- UN General Assembly Resolution 194UN General Assembly Resolution 194United Nations General Assembly Resolution 194 was passed on December 11, 1948, near the end of the 1948 Arab-Israeli War. The resolution expresses appreciation for the efforts of UN Envoy Folke Bernadotte after his assassination by members of the Zionist ultra-nationalist Lehi , headed by Yitzhak...
, (1948) - United Nations Conciliation Commission, (1949)
External links
- Official map of the Jerusalem corpus separatum
- IMEU: Maps: 2.7 – Jerusalem and the Corpus Separatum proposed in 1947. Map from Institute for Middle East UnderstandingInstitute for Middle East UnderstandingInstitute for Middle East Understanding is a 501 non-profit organisation, not aligned to any political or government organisation. It was founded by Americans and describes its mission as entailing working "with journalists to increase the public's understanding about the socio-economic, political...
.