Jerusalem : one twin city, two peoples, three faiths. Heritage, law and a new approach to an old problem

Defence Date: 29 June 2010Examining Board: Professor Francesco Francioni, EUI/ Supervisor (Florence); Professor Ernst-Ulrich Petersmann, EUI (Florence); Professor Gudmunder Alfredsson, Institut des Hautes Études Européennes (Strasbourg); Professor Nazmi Amin Al- Ju’beh, Birzeit University ( Jerusalem)PDF of thesis uploaded from the Library digital archive of EUI PhD thesesThis work does not seek to provide a panacea for the problems between the Israelis and the Palestinians, nor does it try to present a skewed version of this conflict. Instead the sole intention is to discuss the legal issues surrounding the legality of the present status of the City of Jerusalem. It also discusses the historical context and legal implications of Resolution 181 in regards to the status of the city of Jerusalem. It did so by assessing the British/ Jordanian/ Israeli legislations concerning the City of Jerusalem according to international law governing conflict. The thesis examined the role of Self-determination in view of the determination of its legal status and post-status accommodation between different stakeholders and studied the two prominent concepts of international law that are useful in resolving the conflict. Mainly, this thesis focused on the Right to Self-determination and the Protection of Cultural heritage and the effect the two concepts will have on the future status of any settlement. The main argument in the thesis is attributing any solution to the status of the city of Jerusalem to the role of protecting cultural heritage in the city of Jerusalem. It examined the de lege lata on how the general interest of humanity in the preservation of Jerusalem, as attested by the inscription in the WHL, can influence the future settlement of Jerusalem and at the same time can limit the claims of both Arabs and Israelis to an exclusive possession of the City in terms of memory and in terms of actual administration. Eventually, this thesis concluded with establishing a new status for the city of Jerusalem as an International City, using the 181 Resolution as a landmark for its guide