Jerusalem is one of the most contested cities in the world.
It is sacred to Muslims, Christians, and Jews alike, but politically it remains
at the center of one of the longest and most painful conflicts of the modern
era.
The question of whether Jerusalem belongs to Israel or
Palestine is not just about borders. It is about international law, history,
and the right of a people to their land and identity.
To understand where Jerusalem stands today, one must look at
the city from multiple angles—historical, legal, religious, and political. Only
then does the full picture emerge.
Historical Foundations of Jerusalem’s Significance
Jerusalem has been inhabited for thousands of years. It was
a key city in ancient Canaan, later conquered by various empires including the
Babylonians, Persians, Romans, Byzantines, and Islamic Caliphates.
For much of the last millennium, it was ruled by Muslim
empires, primarily the Ottomans. Under Ottoman rule, Jerusalem was a
multi-faith city, with Muslims, Christians, and Jews living in different
quarters, often side by side.
It is important to note that the modern state of Israel did
not exist during these centuries. There was no Jewish nation-state ruling
Jerusalem.
The city was seen as an integral part of the broader Arab
and Islamic world, and its cultural character reflected that.
The British Mandate and the Origins of the Conflict
Following World War I, the Ottoman Empire collapsed, and
Britain was granted the Mandate over Palestine by the League of Nations in
1922.
During the British Mandate, tensions between Jewish
immigrants and the indigenous Arab population escalated. The Zionist movement
sought to establish a Jewish state in Palestine, while Palestinians demanded
independence and rejected mass immigration.
In 1947, the United Nations proposed a partition plan to
divide Palestine into Jewish and Arab states. Jerusalem was to be given a
special international status due to its importance to multiple religions.
However, the plan was rejected by Arab leaders and the Palestinian
population, who viewed it as unjust and one-sided. The plan never took effect
as war broke out shortly after.
The 1948 War and the Division of Jerusalem
In 1948, Israel declared independence, triggering a war with
surrounding Arab countries. As a result, over 750,000 Palestinians were
expelled or fled from their homes in what became known as the Nakba, or
catastrophe.
During this war, Jerusalem was divided. West Jerusalem came
under Israeli control, while East Jerusalem, including the Old City and Al-Aqsa
Mosque, fell under Jordanian administration.
The international community did not recognize Israeli
sovereignty over West Jerusalem. The United Nations’ original plan for the
city’s international status remained in principle, even though it was never
implemented.
The 1967 War and the Occupation of East Jerusalem
In 1967, during the Six-Day War, Israel occupied East
Jerusalem along with the West Bank, Gaza Strip, Sinai Peninsula, and Golan
Heights. It then unilaterally annexed East Jerusalem.
This annexation has been repeatedly condemned by the United
Nations and other international bodies as a violation of international law.
According to the Fourth Geneva Convention, it is illegal to
annex occupied land or transfer civilian populations into occupied territory.
Yet Israel continued to expand settlements, alter the city’s
demographics, and implement policies that discriminated against Palestinians
living in East Jerusalem.
The Legal Status of Jerusalem under International Law
Under international law, East Jerusalem is considered
occupied Palestinian territory. The United Nations Security Council and the
International Court of Justice have both declared that Israel’s actions in East
Jerusalem have no legal validity.
No United Nations resolution has ever recognized Jerusalem
as the capital of Israel. Instead, the global consensus maintains that the
city’s final status must be determined through negotiations between Israel and
the Palestinians.
In 1980, Israel passed a law declaring Jerusalem its
capital. In response, the UN Security Council passed Resolution 478, calling it
a violation of international law and urging all countries to withdraw their
embassies from the city.
Jerusalem in Palestinian Identity and Aspiration
For Palestinians, Jerusalem—especially East Jerusalem—is the
cultural, historical, and spiritual capital of their homeland. Al-Aqsa Mosque,
located in the Old City, is the third holiest site in Islam and a symbol of
Palestinian heritage.
Many Palestinians see the struggle over Jerusalem as not
just a territorial dispute, but a fight to preserve their identity and
existence.
Palestinians in East Jerusalem face a unique and difficult
legal situation. They are not considered Israeli citizens but rather permanent
residents.
This status can be revoked, and many have had their
residency rights taken away simply for moving outside the city or holding
foreign passports.
They also face restrictions in building permits, access to
education, healthcare, and movement. Home demolitions and land confiscations
are frequent, aimed at limiting Palestinian presence and facilitating the
expansion of Jewish settlements.
The International Community’s Position
Most of the world does not recognize Israeli sovereignty
over Jerusalem. The majority of embassies are located in Tel Aviv. In 2017, the
United States under President Donald Trump became the first country to
officially recognize Jerusalem as Israel’s capital and moved its embassy there.
This move was condemned by the United Nations General
Assembly and several major international powers, as it was seen as undermining
the peace process.
Despite the US move, global consensus remains largely
unchanged. East Jerusalem continues to be viewed as occupied territory, and its
status must be resolved through negotiation.
Legal and Political Status of East Jerusalem
Legally and politically, East Jerusalem is in Palestine.
This is the position of the United Nations, the International Court of Justice,
and nearly every country except a few that have chosen to align politically
with Israel.
While Israel controls all of Jerusalem today through
military and administrative power, its claim to sovereignty over the city,
especially the eastern half, has no legal basis under international law.
For Palestinians, Jerusalem remains a symbol of their national struggle. For the world, it remains a test of international resolve to uphold law, justice, and human rights in the face of prolonged occupation.
Jerusalem is not just a disputed city. It is a living
example of what happens when law is ignored, and power replaces justice. While
Israel claims Jerusalem as its capital, the international community sees East
Jerusalem as occupied Palestinian territory.
The city’s future must be decided through fair negotiation,
not through annexation, settlement, or exclusion.
Until that day, Palestinians will continue to assert their
right to a free and sovereign Jerusalem. And the world will continue to be
reminded that no lasting peace is possible without justice in the city at the
heart of it all.
FAQs
Is Jerusalem the capital of Israel?
Israel claims Jerusalem as its capital, and it houses
government buildings there. However, most of the world, including the United
Nations, does not recognize this claim. The legal status of the city remains
disputed.
Is East Jerusalem legally part of Israel?
No. East Jerusalem is considered occupied Palestinian territory under international law. Israel’s annexation of East Jerusalem is not recognized by the United Nations or most countries.
Do Palestinians live in Jerusalem?
Yes. Around 300,000 Palestinians live in East Jerusalem.
They face restrictions on movement, building, and political representation.
Most are classified as permanent residents, not citizens.
Why is Jerusalem important to Palestinians?
Jerusalem, especially East Jerusalem, is central to
Palestinian national identity. It is home to Al-Aqsa Mosque, one of Islam’s
holiest sites, and has deep historical and emotional significance as the
capital of a future Palestinian state.
Why is the status of Jerusalem so controversial?
Jerusalem is sacred to three major religions and claimed by
both Israel and Palestine. Its occupation, annexation, and demographic changes
make it one of the most sensitive and complex issues in the conflict.