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There is significant disagreement in the international community on the legal and diplomatic status of Jerusalem.〔"Brian Whitaker. "(Rivals for holy city may have to turn to God )." ''Guardian Unlimited''. August 22, 2000; "Marilyn Henry. "(Disney response on Jerusalem exhibit calms Arabs )." ''Jerusalem Post Service'' October 1, 1999; Deborah Sontag. "Two Dreams of Jerusalem Converge in a Blur" ''New York Times''. May 21, 2000.〕 Legal scholars disagree on how to resolve the dispute under international law.〔Moshe Hirsch, Deborah Housen-Couriel, Ruth Lapidoth. (Whither Jerusalem?: proposals and positions concerning the future of Jerusalem ), Martinus Nijhoff Publishers, 1995. pg. 15. ISBN 90-411-0077-6.〕 Many United Nations (UN) member states formally adhere to the United Nations proposal that Jerusalem should have an international status.〔See Governing Jerusalem: again on the world's agenda, by Ira Sharkansky, Wayne State University Press, 1996, ISBN 0-8143-2592-0, page 23 ().〕 The chief dispute revolves around the legal status of East Jerusalem, while broader agreement exists regarding the Israeli presence in West Jerusalem.〔 ''De jure'', the majority of UN member states and most international organisations do not recognise Israel's ownership of East Jerusalem which occurred after the 1967 Six-Day War, nor its 1980 Jerusalem Law proclamation, which declared a "complete and united" Jerusalem as the capital of Israel.〔(UN security Council Resolution 478 )〕 As a result, foreign embassies are generally located in Tel Aviv and its suburbs. Jerusalem is one of the key issues in the Israeli–Palestinian peace process. Both Israel and the Palestinians want it as their capital.〔(Israel-Palestinian peace talks: the key issues ), ''The Guardian''〕 The European Union has stated that Jerusalem's status is that of ''corpus separatum''.〔(Europe Affirms Support for a Corpus Separatum for Greater Jerusalem )〕 ==Background== From 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.〔R. Kark and N. O. Nordheim (2001) Jerusalem and Its Environs. Detroit: Wayne State University Press, (p. 28 ).〕 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.〔See for example Article 28 of the League of Nations Mandate for Palestine (); and ICJ Reports 2004, CONSTRUCTION OF A WALL (ADVISORY OPINION) page 165 para. 70, page 188 para 129. Paul J.I.M. de Waart said "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", in 'International Court of Justice Firmly Walled in the Law of Power in the Israeli–Palestinian Peace Process', Leiden Journal of International Law, 18 (2005), pp. 467–487〕 However, the Arab and Jewish communities in Palestine were in mortal dispute and Britain sought United Nations assistance in resolving the dispute. In November 1947, the United Nations General Assembly adopted the United Nations Partition Plan for Palestine (Resolution 181), which called for the partition of Palestine into Arab and Jewish states, with Jerusalem being established as a ''corpus separatum'', or a "separated body" with a special legal and political status, administered by 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〕 Jewish representatives accepted the plan, however, representatives of the Palestinian Arabs and the Arab states rejected the plan, declaring it illegal.〔 In May 1948, the Jewish community in Palestine issued the declaration of the establishment of the State of Israel. The new state was quickly recognised ''de facto'' by the United States,〔(End of Palestine mandate ), ''The Times'', 15 May 1948〕 Iran (which had voted against the UN partition plan), Guatemala, Iceland, Nicaragua, Romania, and Uruguay. The Soviet Union was the first nation to fully recognize Israel de jure on 17 May 1948, followed by Poland, Czechoslovakia, Yugoslavia, Ireland, and South Africa. The United States extended official recognition after the first Israeli election,〔(Press Release, 31 January 1949. Official File, Truman Papers ) Truman Library〕 on 31 January 1949.〔(The Recognition of the State of Israel: Introduction ) Truman Library〕 Israel became a member of the United Nations on 11 May 1949.〔United Nations General Assembly Resolution 273.〕 The states recognizing Israel did not recognize its sovereignty over Jerusalem generally citing the UN resolutions which called for an international status for the city. 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 the city, 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.〔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 593–594;''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〕 Soon after Israel declared that Jerusalem was an inseparable part of the State of Israel and its eternal capital. In 1950, Jordan annexed eastern Jerusalem. Though the United Kingdom and Pakistan recognized Jordanian rule over eastern Jerusalem, no other foreign country recognized either Jordanian or Israeli rule over the respective areas of the city under their control.〔 Following the 1967 war, 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 who described it as an annexation in violation of the rights of the Palestinian population. In 1980, Israel passed a law declaring that ''"Jerusalem, complete and united, is the capital of Israel"''. The law was declared null and void by the Security council in Resolution 478 and in numerous resolutions by the UN General assembly.〔UNGA, 30 November 2011, (''Resolution adopted by the General Assembly, 66/18. Jerusalem'' ) (doc.nr. A/RES/66/18 d.d. 26-01-2012)〕 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「Positions on Jerusalem」の詳細全文を読む スポンサード リンク
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