|
The Jerusalem Embassy Act of 1995〔Jerusalem Embassy Act of 1995, , Nov 8, 1995, 109 Stat. 398.〕 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 attempted to withhold 50 percent of the funds appropriated to the State Department specifically for "Acquisition and Maintenance of Buildings Abroad" as allocated in fiscal year 1999 until the United States Embassy in Jerusalem had officially opened. The act also called for Jerusalem to remain an undivided city and for it to be recognized as the capital of the State of Israel. Israel's declared capital is Jerusalem, but this is not internationally recognized, pending final status talks in the Israeli–Palestinian conflict. The United States has withheld recognition of the city as Israel's capital. The proposed law was adopted by the Senate (93–5),〔On the passage of , the Jerusalem Embassy Act of 1995, 〕 and the House (374–37).〔On the passage of , the Jerusalem Embassy Act of 1995, 〕 Since passage, the law has never been implemented, because of opposition from Presidents Clinton, Bush, and Obama, who view it as a Congressional infringement on the executive branch's constitutional authority over foreign policy; they have consistently claimed the presidential waiver on national security interests. ==Background== Jerusalem holds unique spiritual and religious interests among the world's Abrahamic religions of Judaism, Christianity, and Islam. Following the World War I, the victorious Principal Allied Powers recognized these as "a sacred trust of civilization", and stipulated that the existing rights and claims connected with them should be safeguarded in perpetuity, under international guarantee.〔.〕〔.〕 The terms of the British Balfour Declaration of 1917 were included in the Mandate for Palestine by the League of Nations. The US government was not a party to these agreements; but stated official foreign policy in 1919 was to ‘acquiesce’ in the Balfour Declaration, but not officially support Zionism.〔Walworth (1986) 473-83, esp. p. 481; Melvin I. Urofsky, ''American Zionism from Herzl to the Holocaust,'' (1995) ch. 6.〕〔.〕 On September 21, 1922, the US Congress passed a joint resolution stating its support for a homeland in Palestine for the Jewish people but not at the expense of other cultures present at the time.〔.〕 This occurred virtually the same day the Palestine Mandate was approved by the League of Nations; although official government findings about the affected peoples' choices concerning self-determination were available in government circles, they were withheld from the public until the following December. US foreign policy remained unchanged. These competing nationalist claims led to increasing civil violence during the inter-war period; following World War II, the "Question of Palestine" was placed before the United Nations, as the League's successor agency. On November 29, 1947, the UN General Assembly adopted Resolution 181, the United Nations Partition Plan for Palestine; it contained a recommendation that Jerusalem be placed under a special international regime, a corpus separatum, administered by the United Nations and be separate from both the Jewish and Arab states envisioned. Following the conflict that ensued, cease-fires and the 1949 Armistice Agreements were negotiated and accepted by both sides. One of these resulted, in part, in a temporary division of Jerusalem. The relevant Armistice Agreement with Jordan, was signed on April 3, 1949,〔(The Avalon Project: Jordanian-Israeli General Armistice Agreement, April 3, 1949 )〕 but it was considered internationally as having no legal effect on the continued validity of the provisions of the partition resolution for the internationalization of Jerusalem.〔See "Corpus Separatum §33 Jerusalem" Marjorie M. Whiteman editor, US State Department ''Digest of International Law'', vol. 1 (Washington, DC: U. S. Government Printing Office, 1963) pages 593-4;''Foreign relations of the United States, 1948. The Near East, South Asia, and Africa'' (in two parts) Volume V, Part 2, Page 748; "Governing Jerusalem: Again on the world's agenda", by Ira Sharkansky, Wayne State University Press, 1996, ISBN 0-8143-2592-0, page 23; and John Quigley, "The Legal Status Of Jerusalem Under International Law, The Turkish Yearbook Of International Relations, (XXIV, 1994 ) pp 11-25〕 On April 25, 1949, King Abdullah officially changed the name of Transjordan to the Hashemite Kingdom of Jordan. He had secured the support of Great Britain (albeit qualified—Great Britain did not recognize the incorporation of East Jerusalem, maintaining that it ought to be part of a corpus separatum, an international enclave).〔(THE CONSTITUENT ASSEMBLY: FIRST KNESSET 1949-1951. Annexation of the West Bank by the Hashemite Kingdom of Jordan )〕 On December 5, 1949 the Israeli Cabinet, meeting in Tel Aviv, declared Jerusalem the capital of Israel, and on January 23, 1950, the First Knesset proclaimed that "Jerusalem was, and had always been, the capital of Israel."〔Martin Gilbert, ''Jerusalem in the Twentieth Century'' (New York, 1996), pp. 243-244.〕 Moreover, on April 24, 1950, the Jordan House of Deputies and House of Notables, in a joint session, adopted a resolution annexing the West Bank and Jerusalem. Because the status of Jerusalem had been included previously in the UN Partition Plan, most countries did not accept this Israeli position, and most embassies have been located elsewhere.〔〔(Jordanian Annexation of West Bank- Resolution Adopted by the House of Deputies, 24 April, 1950 )〕 The United States has stated that its policy on Jerusalem refers specifically to the geographic boundaries of the area that were set out for the "City of Jerusalem", or Corpus Separatum, in Resolution 181, but since 1950, US diplomats have traveled regularly to Jerusalem from the US Embassy in Tel Aviv to conduct business with Israeli officials.〔Gilbert, p. 253.〕 The United States has also stated that, in a ''de jure'' sense, Jerusalem was part of Palestine and has not since become part of any other sovereignty.〔Foreign Relations of the United States, 1961-1963: Near East, 1962-1963, V. XVIII. DC: GPO, 2000, 152. Memorandum of conversation, February 7, 1963. Crawford (NE)-Campbell (IO)-Bar-Haim (Israeli Embassy) meeting: U.S. position on the status of Jerusalem〕 After the capture of the entire city and the adjacent West Bank in the 1967 Six Day War, the United States again reaffirmed the desirability of establishing an international regime for the city of Jerusalem.〔(See General Assembly, A/L.523/Rev.1, 4 July 1967 )〕 Advocacy for the Jerusalem Embassy Act reached a zenith during particularly critical times in negotiations for the Oslo Accords of the peace process, despite opposition from both the Israeli and American administrations.〔Daniel Levy,(Is it Good for the Jews? ), ''The American Prospect'', June 2006〕 The embassy move was, and continues to be, delayed by successive United States government in order to appear neutral on the issue of Jerusalem. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Jerusalem Embassy Act」の詳細全文を読む スポンサード リンク
|