The decree to prevent the opening of missions that are not embassies in Jerusalem was approved

The decree to prevent the opening of missions that are not embassies in Jerusalem was approved

The Constitutional Committee today (Tuesday) approved for first reading the bill to amend the Basic Law: Jerusalem the capital of Israel initiated by MKs Ze'ev Elkin and Dan Iluz. In the bill it was proposed that the State of Israel would not allow a foreign political entity to open or operate a diplomatic mission in Jerusalem intended to serve those who is not a resident of Israel or is not a resident of the foreign country, but following a discussion that took place between the proponents and the Ministry of Foreign Affairs, the bill was changed according to which official missions of foreign countries will be established in Jerusalem – only if they are diplomatic missions trained for the State of Israel.

MK Ze'ev Elkin, the initiator of the law: “The Jerusalem Foundation Law states in the first section that the complete and united Jerusalem is the capital of Israel, which was the founding idea of ​​the legislation – to establish Jerusalem in its sovereign territory as the capital of Israel. The law also states that Jerusalem is the exclusive seat of the state institutions and also sets a limit on the ability to transfer to a foreign party part of the territory over which sovereignty was defined in June 1967. Within the subjects there is one subject that is not answered by law. The issue of Jerusalem is not only internal, but also what the state transmits externally.”

Elkin also said: “The bill is not intended to reverse the status of 8 countries that have representations in Jerusalem in a kind of legal bubble to provide services to the Palestinian residents. There is constant pressure from countries to add more countries to this list. There was an initiative in the previous government to return the activities of the American consulate to Jerusalem and it was Ensuring elections of the incumbent president and due to opposition from various parties, including my own party, Israel convinced the US to stop this move.”

“So that the issue does not remain open and does not constitute a lever of political pressure on Israel, especially in light of the trend in the world to recognize a Palestinian state, we must build an iron wall that will protect the country from such initiatives. We take a principle that has guided Israeli foreign policy for many years. I do not propose to legislate retrospectively or to change status quo, but we only mocked it in primary legislation.”

Elkin added: “There was a discussion on the matter between me and the Ministry of Foreign Affairs, during which the Ministry commented that the main issue is not the issue of who the services are provided to, because they are still provided today, among other things, to the Palestinian population from the Palestinian Authority, but to whom the delegation is trained and if it recognizes Israeli sovereignty over Jerusalem. The second issue is the basic Israeli position which has been saying for many years that if a foreign mission is to be established in Jerusalem, it should be an embassy and not a consulate. Moses suggested that it be included in the wording so that no foreign diplomatic mission will be established in Jerusalem unless it is a trained representation for Israel. Such wording strengthens the claim that the correct platform is the Jerusalem Chamber of Commerce.

MK Ofer Kasif: “East Jerusalem is occupied. This is not a city that should be under Israeli sovereignty and most of the world does not recognize Israeli sovereignty there. West Jerusalem is the capital of the State of Israel. What is considered Jerusalem today was never considered the historical Jerusalem and it was also expanded to areas that even according to most Israelis were not part of it. Issawiya, Silwan, Sheikh Jarrah and Jabal Mukhabar. All these areas are occupied and the Israeli law applied to them is illegitimate.”

Kassif also said: “Most of the world does not recognize the criminal application of sovereignty over occupied East Jerusalem. The Palestinians do not recognize and do not wish to be under occupying Israeli rule, and therefore the future is the establishment of a Palestinian state with East Jerusalem as its capital. He then quoted a song written by Yankala Rotblit and said: “The amendment to this law Adds a criminal injustice to the chain of criminal injustices. It won't help you – East Jerusalem will be liberated. Palestine will be free under Israel and under your nose and your heart will be a Palestinian state with East Jerusalem as its capital. These are the dying flickers of the occupation and we will do everything possible within the law to promote these flickers.”

MK Dan Iloz, the initiator of the law: “MK Kasif's words are proof of why the bill is needed. The liberation of Jerusalem in '67 is a miracle. It will remain united forever and the bill corresponds with this idea. I expect the bill to pass with a large majority. And that coalition and opposition will work together.”

Attorney David Goldfabrev, Director of the Department of Diplomatic and Civil Law, Ministry of Foreign Affairs: “The State of Israel encourages and assists countries to open their embassies in Jerusalem. The U.S. moved the embassy in a historic process, followed by other countries, including European countries. Over the years, countries have asked to open consulates, and Israel opposes this and does not allow countries to open consular missions in Jerusalem to which the Vienna Convention applies.”

Goldfabrev also said: “There are 8 historical consulates that were opened before the establishment of the state: Great Britain, Italy, France, Greece, Belgium, Sweden and Turkey, the USA was and was closed, to which the Vienna Convention applies and there is no policy to harm them. This is a forward-looking law. The Ministry of Foreign Affairs has the right to intervene in the management of foreign relations, which is the prerogative of the government and the foreign minister, and therefore, in principle, the minister does not support such intervention. The decision of the committee of ministers is to support the law, subject to the agreement of the foreign ministry. And, I don't have a ministerial position on the wording itself, but we will try to help make the wording more precise. Mosheh encouraged the opening of diplomatic missions in Jerusalem, the focus is not on which population they serve, but on the consular field they are responsible for and which countries they are trained in. The ministry enables the opening of embassies that are trained for the State of Israel and does not interfere for whom they provide services just as they do not interfere with us. The wording should talk about encouraging countries to open diplomatic missions that are trained for Israel and not consular missions.”

MK Iman Khativ Yassin: “East Jerusalem is in a state of occupation and at the end of the day peace will come to this area and East Jerusalem will be the capital of Palestine, so we must not deceive the hard and help this day come early for the benefit of all citizens. The occupation brings injustices and bad things to Jews and Palestinians day after day. That's why it's better not to try to establish another reality because in the end two states will be created, so it's a shame to discuss it here.”

Chairman Rothman responded to her words: “We are happy that we had the privilege of reuniting Jerusalem as the capital of the State of Israel, and in Gaza the people of Israel will return to all parts of their country. If someone wants peace, there is no greater peace than the fulfillment of all things in their entirety in the reality that the people of Israel return to their land, sit in it and rule in her”.

MK Khatib Yassin: “I cannot ignore the last Shabbat – even in today's reality you are hurting the value and religious worship when you prevent 130 buses from entering to pray at Al Aksa. Is it Jewish? People were not allowed to pray in a place belonging to Muslims. What sin did the people who will be beaten to exercise their religious faith? It is inhumane and illogical. Don't say it's a lie.”

Chairman Rothman: “This is the biggest lie, it is the historical falsification and the denial of history according to which the Temple Mount was the Temple before the Muslim religion even existed. The only reason this debate is important is because it shows that even a fairly simple law that establishes reality and policy for many years, two MKs from two factions are sitting here denying reality and history and the right of the people of Israel to the Land of Israel.”

MK Mansour Abbas: Everyone has their own faith. We are talking about religious aspects in Christianity, Islam and Judaism. To put it on the table and use it politically is not correct. Our worldview is that there should be a political solution based on two states and that the eastern city of Jerusalem is a part from the State of Palestine. I do not propose to mix religious belief and religious principles with the political ideology that allows itself to look to the future and ask the fundamental questions about the Holy Land in the national context.”

Attorney Gal Azriel, Ministry of Justice: “The government decided to support a preliminary reading of the law under two conditions – the continuation of the legislative procedures will be promoted with the agreement of the Prime Minister, the Ministry of Foreign Affairs and the Ministry of Justice, and at this stage only a preliminary discussion took place. The second condition is that the promotion of the issue will be examined within the framework of a regular law and not within the framework of a law Basic. As you know, the basic laws are chapters of the constitution in the world that are supposed to deal with the basic principles that characterize the state, the administrative structure and human rights. The proposed section is currently not anchored in various constitutions in the world or in the State of Israel. The fact that a certain city is the capital of a country, it follows that the embassies should be in that capital. Rather, a specific score, as more and more less principled sections are added, is something that undermines its being a basic law.”

Attorney Dr. Gore Blay, the committee's ombudsman: “When dealing with this issue also in the context of intellectual property and its regulation, the committee should examine with the constitutive cap what good constitutional legislation is, and create a situation in which the provisions of the basic laws will be as general and principled as possible. It is desirable to draft In a positive way, what is allowed and not what is forbidden. That is why the proposal of the Ministry of Foreign Affairs for the revision is correct, as well as the removal of the term concerning the population to which services are provided. The proposed wording is that foreign missions will be established in Jerusalem only Diplomats (that is, embassies) trained in Israel.”

To Chairman Rothman's question regarding the status of the European Union and whether the law will apply to it, Attorney Goldfarb replied: The European Union has a development office that is intended for the Palestinian population, it is not a diplomatic or consular representation.” Chairman Rothman said that the issue will be decided in the second and third readings, but that There is an intention for the European Union to be included in the law.

The committee accepted the Chairman's version according to which “Official missions of foreign countries will be established in Jerusalem only if they are diplomatic missions trained for the State of Israel and the State will encourage the establishment of such missions.” The bill was approved with the support of Chairman Rothman and MK Dan Iluz. MK Elkin is not Has the right to vote but clarified that he symbolically supports the law.

Photo: Danny Shem Tov/Knesset Spokesperson
Discussion in the Constitution Committee
Photo: Danny Shem Tov/Knesset Spokesperson
Discussion in the Constitution Committee
Photo: Danny Shem Tov/Knesset Spokesperson

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