In May of 2021 Secretary of State Antony Blinken announced plans to “reopen” the U.S. consulate in Jerusalem. The consulate closed in 2019, when the Trump Administration moved the embassy to Jerusalem. After meeting with Palestinian President Mahmoud Abbas, Blinken proposed the consulate to help repair the relationship with the Palestinians. What seems like a simple gesture to show the United States’ commitment to both the peace process and the Palestinians has sparked a big debate and concern. The Israelis state Jerusalem is their capital and as such they have final say on the establishment of diplomatic offices in their capital. The Palestinians see East Jerusalem as their capital so, by leveraging international support they hope to get a focused diplomatic office in East Jerusalem as a show of faith from the United States and as a way to establish sovereignty.
To fully understand the situation, it is important to first define some terms. What is a consulate and how is it different from an embassy? An embassy is a headquarters for the U.S. government in another country. Usually, the Embassy is in the host country’s capital city. In large countries, in addition to an embassy, the U.S. may have several consulates placed in other cities. Consulates provide the same services as the Embassy and serve the local community. It is rare, if not unheard of, to open a consulate in the same city as an embassy. But this is the Middle East and the city is Jerusalem.
Jerusalem is one of the holiest places and contested places in the world, with significance for Judaism, Islam, and Christianity. Throughout history, Jerusalem has seen it all: Destroyed twice, besieged 23 times, attacked 52 times, and captured and recaptured 44 times. Today, the status of Jerusalem as the capital of Israel is a core issue in the Israeli-Palestinian conflict. During the 1948 War, East Jerusalem, including the Old City, was captured by Jordan. For the next 19 years, the city was divided. There was East Jerusalem and West Jerusalem. But, during the 1967 Six-Day War, Israel re-captured East Jerusalem and annexed the city. In 1980, Israel passed the Jerusalem Law, which identifies all of Jerusalem, both West and East, as the undivided capital of the State of Israel. Jerusalem is the home to the Prime Minister, the Knesset, the Israeli Supreme Court, and all government agencies.
While the international community, through the United Nations, rejects the notion that the undivided Jerusalem is the capital of Israel, the United States has always fully supported the Jerusalem Law. This support crosses party lines. In 1992, President Clinton said, “Jerusalem is still the capital of Israel and must remain an undivided city accessible to all.” In 1995, Congress passed the Jerusalem Embassy Act requiring the U.S. Embassy to move from Tel Aviv to Jerusalem by 1999. In the Senate at the time, President Biden voted for the act. President Bush, during his campaign in 2002, stated that he would move the Embassy to Jerusalem as soon as he was elected. A promise he never fulfilled. In 2008, President Obama said, “I continue to say that Jerusalem will be the capital of Israel. I have said that before, and I will say it again.”
The U.S. Embassy in Israel became a hot topic during the 2016 Presidential campaign when President Trump continued the promise to move the Embassy. Once elected President Trump fulfilled the promise and in May of 2018, the Embassy officially moved to Jerusalem. Immediately following the announcement of the movement of the U.S. Embassy, the United Nations voted to declare the United State’s recognition of Jerusalem as the capital of Israel null and void.
The United States ignored the resolution and proceeded to move the embassy. Before the embassy moved to Jerusalem, there were two Jerusalem consulates. Both consulates were on the west side of Jerusalem. The embassy took the spot of the consulate in the Arnona neighborhood and the consulate on Argon street was converted to a residence for the Ambassador. As the Argon Street consulate primarily served the Palestinians, the Trump administration created a Palestinian Authority liaison at the embassy.
Some say President Trump dared to do the right thing. Others suggest he hurt the peace process and violated international consensus. Dr. Logan Levkoff, parent of Maverick Cortes (Form V) serves as the Chairperson for The Caravan for Democracy Leadership Mission to Israel. Caravan for Democracy, run by the Jewish National Fund, sends up to 80 non-Jewish student leaders to Israel on a ten-day trip. The program’s mission is to help create productive conversations about Israel and the Middle East on college campuses based on first hand experience, rather than the media. Dr. Levkoff reinforced that Jerusalem will always be the capital of Israel. “For those of us who love Israel and are zionists, whatever background we come from, we have always known that the heart of Israel is Jerusalem. It is the center of our history, of the Jewish religion. It is proof of our indigeneity. It has always been the capital in our hearts and minds.”
When asked about the UN vote to call the recognition of Jerusalem as the capital of Israel null and void, Dr. Levkoff voiced her concerns about the UN. “Israel represents only .12% of the world’s population, yet in 2021 the UN passed 18 resolutions, and 14 of those were against Israel. It is hard to see the UN as a source of global morality when the world body has taken little to no action against some of the largest countries in the world.”
An example of the UN’s lack of action is the Muslim Uyghurs travesty in China, the largest country in the world. China has reportedly tortured and repressed the mostly Muslim Uyghurs in Xinjiang, yet there has been no condemnation by the UN. In fact, 62 countries have called it an internal affair for China, leaving the Uyghur people to suffer.
But this issue is not only between the Israelis and the Americans. The Palestinians are also very focused on the consulate. The opening of the embassy in Jerusalem made them very angry. Similar to the UN, the Palestinians do not see Jerusalem as Israel’s capital. The Palestinian Authority Prime Minister Mohammad Shtayyeh recently stressed the importance, stating “We are focusing on the consulate because we want an American address that will take care of Palestinian affairs and form the nucleus of an American embassy in Palestine.” The goal of the Palestinian Authority (P.A.) is to have the U.S. recognize that East Jerusalem belongs to Palestinians.
With the start of a new administration in January of 2021, many wondered if the Embassy would stay in Jerusalem. However, President Biden clearly stated that the Embassy remains in Jerusalem. However, to help ease tensions and start building bridges with the Palestinians, Secretary of State Antony Blinken initiated talks to reopen a consulate in Jerusalem. Specifically, despite being in West Jerusalem, Blinken suggested using the Argon Street location.
But, why would the United States want to place a consulate in Jerusalem, when there is already an Embassy? Some claim the consulate allows for diplomacy with the Palestinian Authority. However, the current Embassy houses a department that liaises with the Palestinians. In addition, if the administration wants to enhance relations with the Palestinians they could open a mission in Ramallah or reopen the mission in Washington DC that was closed by the Trump Administration. Those opposed to the consulate feel the purpose is to help recognize Palestinian claims to Jerusalem.
No matter the motive, the topic of a consulate is creating tensions on both sides. However, the issue is actually moot. First, the proposed location of the consulate is in West Jerusalem. This location was previously established as part of Israel before the 1967 war. So, even if you believed in a divided Jerusalem, this location is on the Israeli side. Second, leadership in Israel will not agree to the consulate, and international law provides cover for their decision. In the Vienna Convention in 1963, countries including the United States and Israel agreed that the host state must agree to the opening of any diplomatic facility in their country. Israeli leadership believes “allowing consulates to a foreign entity in the middle of Israel’s capital would undermine sovereignty and the unity of Jerusalem.” None of the decision makers in Israel will approve the consulate. According to Dr. Levkoff, overriding the Israeli’s decision would negatively affect the U.S.- Israeli relationship and send mixed messages to the world.
The P.A does not accept the premise that opening the consulate requires the consent of the Israeli government. In November of 2021, the P.A. stated “East Jerusalem is an inseparable part of the occupied Palestinian territory and is the capital of the state of Palestine. Israel, as the occupying power, does not have the right to veto the US administration’s decision,” When making their statement the P.A. the argument rests on U.N. Resolution 181, which stated that Jerusalem is international territory.
What is Resolution 181? Resolution 181, also called the U.N. Partition Plan, was approved on November 29, 1947. The plan recommended Palestine be divided into Jewish and Arab sections. In this plan Jerusalem would be a special international entity run by the U.N.
However, as with all resolutions, 181 is a non-binding recommendation and the resolution was never implemented. A U.N. proposed plan to internationalize Jerusalem for 10 years and then re-evaluate was approved by the Israelis but rejected by the Arab nations. In 1948 the U.N. attempted to formalize its responsibility for Jerusalem but the votes never passed. There were several times after 1948 when the U.N. attempted to internationalize Jerusalem but the votes always failed. Therefore, using Resolution 181 to support the argument that Jerusalem is not Israel’s capital is questionable.
But opening a consulate in East Jerusalem helps solidify the P.A.’s assertion that East Jerusalem is their land and this fact is crucial for the Palestinians. The Palestinians will not participate in a peace process or make changes without the consulate and the recognition that East Jerusalem is their capital.
Dr. Levkoff knows this is not a simple issue and that the consulate is not the solution to the problems of the Middle East. “This conversation about moving the embassy and consulates is so problematic because most of our media takes one particular side and deliberately does not tell the whole story. That is across the board, regardless of political perspective. This is not a conversation about good or bad. This is about people, history, religion and ethnicity. It is not about good guys and bad guys” And, in the end, while the issue of the consulate can be troubling, what is more important, according to Dr. Levkoff is to address what is happening on the ground and find ways to improve communication and education of the issues.
While many will want to make this a topic of conversation and create a further divide, creating a consulate in the capital city is truly a non-starter. Israel has agreed to one U.S. diplomatic office in Jerusalem, the Embassy. The Embassy is organized to help both the Israelis and the Palestinians. Perhaps creating a separate diplomatic office for the Palestinian Authority, outside of Jerusalem, is something that could be part of future negotiations. The best answer is for all parties to get back to the negotiating table. It is time to continue the talks about peace and find a solution to the conflict.
