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Back from the Brink: An Israeli-
© 2021 IAI

                                           Palestinian Proposal for Jerusalem
                                           by Menachem Klein
ISSN 2532-6570

                                           As I write these words, violence has           suggest a new blueprint for an equitable
                                           once again descended upon Jerusalem.           sharing of the city that we hope can
                                           In early May 2021, peaceful Palestinian        provide inspiration for policymakers
                                           protesters were violently attacked             and residents alike.
                                           by Israeli police and hundreds were
                                           wounded when the police stormed the            Open Jerusalem
                                           holy esplanade (Temple Mount/Haram
                                           al-Sharif) in the Old City.                    According to the Geneva Initiative,
                                                                                          Jerusalem would be physically split
                                           In a tragically familiar turn of events,       into two independent capitals. Special
                                           from Jerusalem violence gradually              arrangements inside the city and
                                           spread all over historic Palestine,            border crossing stations around it,
                                           leading to a serious 11-day escalation.        would ensure that access to the Old
                                                                                          City and its holy sites would be open to
                                           Reflecting on these past developments,         all, with sovereignty divided between
IAI COMMENTARIES 21 | 29 - JUNE 2021

                                           I recall how in 2001–2003, during the          the independent states of Israel and
                                           bloodiest days of the second Intifada,         Palestine.1
                                           a group of Israelis and Palestinians
                                           that I have the privilege of being part        The urban and demographic reality
                                           of, refused to lose hope. Together we          in Jerusalem and its environs has
                                           agreed on the Geneva Initiative, a
                                           comprehensive model for a two-state            1
                                                                                            The Geneva Initiative full text, annexes and
                                           framework in Israel/Palestine.                 maps are available in the Geneva Initiative
                                                                                          website: The Accord, https://geneva-accord.
                                           Likewise, today we reject the notion           org/?p=543. See also Klein Menachem, A
                                                                                          Possible Peace Between Palestine and Israel. An
                                           that the Holy City is destined to remain       Insider’s Account of the Geneva Initiative, New
                                           a place of eternal conflict. Hereafter we      York, Columbia University Press, 2007.

                                           Menachem Klein is Professor Emeritus in the Department of Political Science at Bar-Ilan
                                           University (Israel) and former advisor to the Minister of Foreign Affairs Shlomo Ben-Ami
                                           and Prime Minister Ehud Barak.
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Back from the Brink: An Israeli-Palestinian Proposal for Jerusalem

                                           undergone substantial changes in the            in what may be termed a “role back”
                                           nearly two decades since 2003, creating         strategy.
                                           greater    unequal    interdependence
                                           between the Israeli and the Palestinian         Second, the proposal champions a
                                           sides. This brought Israeli and                 local, city-led perspective for Jerusalem
                                           Palestinian experts of the Geneva               rather than the exclusive top-down
© 2021 IAI

                                           Initiative (including the author) to            and state-led perspective that directed
                                           present an alternative to the hard              former final status talks. State agencies
                                           border model inside Jerusalem.2                 deem that most of the important
                                                                                           political problems can be solved once
                                           Our new proposal for an “Open                   national sovereignty is established.
                                           Jerusalem” examines the practicability          City dwellers, however, are clearly
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                                           of two open capitals set within the             more concerned with what happens in
                                           framework of two states. The proposal           their place of residence and livelihood.
                                           is not exhaustive. Nor does it shy from         Trust building at the local city level
                                           confronting the more challenging                is achieved through everyday urban
                                           topics, such as security. It does,              encounters, whereas at the state level it
                                           however, acknowledge the complexity             is limited to high level officials.
                                           of the issue and outlines areas that
                                           necessitate further study.                      Third, “Open Jerusalem” looks at the
                                                                                           city as a living urban entity beyond its
                                           The proposal seeks to prepare the               unquestionable historical, religious
                                           ground for future talks. Since much has         or national-symbolic status as well as
                                           changed all over Occupied Palestinian           beyond its symbolic-national status.
                                           Territory (OpT), some of the proposals          Urban wellbeing, openness, inclusivity
                                           contained in the “Open Jerusalem”               and sustainability do not imply making
                                           framework may be relevant for peace             the city less secure.
                                           building beyond the city as well.
                                                                                           Hard-border problems
                                           Guiding principles
IAI COMMENTARIES 21 | 29 - JUNE 2021

                                                                                           Four core problems call for a
                                           Three core principles – that have been          reconsideration of the hard border
                                           broadly lacking in previous rounds              concept between the two capitals.
                                           of diplomatic talks – guide our Open            Firstly, there is the practical problem
                                           Jerusalem proposal:                             of a border crossing next to the Old
                                                                                           City gates due to the sheer volume of
                                           First, Open Jerusalem will begin with           vehicle and pedestrian traffic between
                                           the well-defined end goal of two                the sides.
                                           sovereign states with two open capitals
                                           in Jerusalem, mapping out gradual               Sites sacred to Christians, Muslims and
                                           steps toward achieving this objective           Jews are located across the Old City.
                                                                                           It would be difficult if not impossible
                                           2
                                                                                           to check the large number of people
                                             Geneva Initiative, Jerusalem Reconsidered.
                                           Two Capitals, One Undivided City, March 2021,
                                                                                           every weekend and on holydays, nor is
                                           https://geneva-accord.org/?p=1741.              it possible to locate checkpoints next

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Back from the Brink: An Israeli-Palestinian Proposal for Jerusalem

                                           to Jaffa and Damascus Gates without                 bouts of intra-ethnic and confessional
                                           severely damaging commercial centres                violence.4 Thriving cities require
                                           adjacent to each that currently establish           diversity, exchange and openness.
                                           a living link between the two sides.
                                                                                               Forth, fiscally dividing Jerusalem along
                                           Second, Israel’s expansion to the                   ethnic lines would necessitate huge and
© 2021 IAI

                                           east of the pre-1967 war line, with                 costly infrastructure works to reverse
                                           the expressed purpose of preventing                 decades of heavy Israeli investment.
                                           a division of the city’s Palestinian
                                           and Israeli areas, impedes the ability              The Open Jerusalem regime
                                           to build a hard border. This and the
                                           separation wall that Israel built in                With regards to municipal boundaries,
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                                           2003 divide East Jerusalem businesses               our open Jerusalem proposal envisions
                                           from their hinterland in the West                   the prospective Israeli Yerushalayim
                                           Bank. East Jerusalemites residents,                 municipality    to  include     Jewish
                                           have consequently turned westwards,                 neighbourhoods     and    settlements,
                                           heightening the mutual – yet unequal                while the and Palestinian al-Quds
                                           – dependency of the city’s Jewish and               municipality would include all Arab
                                           Palestinian sections.                               neighbourhoods (see Figure 1).

                                           Almost half of the East Jerusalem                   Areas that exist in close proximity of
                                           labour force work in the West side and              the municipal boundaries that would
                                           earn their wage there.3 More than ever              delineate the open border within the
                                           East Jerusalem Palestinians visit West              city must be treated sensitively. No
                                           Jerusalem shopping centres, use its                 party should enjoy absolute authority
                                           public transportation and study in its              to develop its respective side without
                                           universities and colleges. In addition,             consulting the other.
                                           new transportation infrastructure has
                                           been constructed including highways                 With regards to the issue of institutional
                                           and a tramline connecting East and                  authority, we recommended that the
IAI COMMENTARIES 21 | 29 - JUNE 2021

                                           West Jerusalem, as well as Israeli                  states of Israel and Palestine give
                                           settlements built beyond the 1967 line.             maximum power to the two separate
                                                                                               municipalities. As reflected in the
                                           Third, there is growing awareness                   Geneva Initiative, the two sides should
                                           among both Israeli and Palestinian                  form a Jerusalem Coordination and
                                           Jerusalemites about the mutual benefits             Development Committee (JCDC) to
                                           of keeping the city open and prevent                oversee cooperation.
                                           turning al-Quds and Yerushalayim into
                                           near lifeless dead-end border cities,
                                           or worst still the epicentre of new                 4
                                                                                                 See 2018 public opinion survey: Dan
                                                                                               Miodownik and Noam Brenner, One City
                                           3
                                             Marik Shtern, “Towards Ethno-National             Two Realities: Jerusalem 2018 Public Opinion
                                           Peripheralisation?   Economic       Dependency      Survey, Survey Report of the project “Building
                                           Amidst Political Resistance in Palestinian East     Visions for the Future of Jerusalem: A Bottom
                                           Jerusalem”, in Urban Studies, Vol. 56, No. 6 (May   Up Approach”, April 2018, p. 20-21, https://
                                           2019), p. 1129-1149.                                jerusalemvisions.huji.ac.il/node/281613.

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Back from the Brink: An Israeli-Palestinian Proposal for Jerusalem

                                           Figure 1 | Open Jerusalem proposal, 2021
© 2021 IAI
ISSN 2532-6570

                                           Source: Geneva Initiative, Jerusalem Reconsidered, cit., p. 33.

                                           During its creation and based                        protection, religious sites and festivals,
                                           on international experience, the                     archaeological sites, energy and water.
                                           following issues should be addressed
                                           by the committee: structure and                      Moving to the economy, we suggest a
                                           responsibilities related to the desire               model that enables the free movement
IAI COMMENTARIES 21 | 29 - JUNE 2021

                                           for coordination; dispute settlement                 of goods, people and capital between
                                           mechanisms with an agreed role for                   the two cities and ideally the two states.
                                           third party monitoring and evaluation                The three relevant options include
                                           of implementation and the criteria                   signing a bilateral economic agreement
                                           for appointing delegates to the joint                including free trade and the use of
                                           committee.                                           the two national currencies; creating
                                                                                                a special economic zone in order to
                                           The two states should for instance                   attract international investment or
                                           agree   on    visa    policy   matters,              adopting a model similar to that which
                                           security issues and the economy.                     exists among Gulf Cooperation Council
                                           At the municipal level, systematic                   states. This latter option can include
                                           cooperation should be established on                 elements from the previous ones.
                                           areas encompassing emergency and
                                           health services, transportation, higher              The separation wall fosters slum
                                           education, tourism, environmental                    conditions in East Jerusalem and an

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Back from the Brink: An Israeli-Palestinian Proposal for Jerusalem

                                           asymmetric interdependency between          A series of advanced technological
                                           it and West Jerusalem. Removing this        solutions such as biometric cameras
                                           physical separation, with all that it       and smart identification procedures
                                           entails in both symbolic and practical      aimed at diminishing the physical
                                           terms, and creating an independent          imposition of hefty checkpoints
                                           al-Quds while maintaining freedom           infrastructure could also be deployed.
© 2021 IAI

                                           of    movement       between    it   and    Advanced technology, privacy and
                                           Yerushalayim would benefit both             security cooperation could help to
                                           peoples and capitals. Freed from            mitigate the security risks by potential
                                           Israeli control over sectors such as        spoilers on both sides.
                                           tourism, basic services, planning and
                                           housing, Palestinian residents would        In the context of an open city it
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                                           see substantial improvements in their       would be more desirable to have a
                                           quality of life and could further benefit   series of easy crossing points dotted
                                           the development of the open city.           along the agreed-upon location.
                                                                                       Jerusalemites will have maximum and
                                           With regards to infrastructure and          easy movement and will not require a
                                           basic services, attempts to disconnect      visa for access. Smart city technologies
                                           and separate the electricity, water and     can also contribute to the monitoring
                                           sewage systems all at once would be         of people within each side which can
                                           technically problematic and harm the        serve as an additional security element.
                                           everyday life of residents. Instead, Open   Further study is needed to identify
                                           Jerusalem suggests first separating the     the right solution to security and
                                           management of these lines and then          legal challenges introduced by those
                                           gradually working towards physical          technologies.
                                           separation.    Special     arrangements
                                           should be found for cross-border            Finally, given the undisputed religious
                                           transportation     and    environmental     and cultural significance of Jerusalem,
                                           systems of shared interest.                 religious rights and cultural heritage
                                                                                       must also figure prominently in any
IAI COMMENTARIES 21 | 29 - JUNE 2021

                                           Turning to the sensitive issues of          agreed resolution on the final status of
                                           policing and security, each state           Jerusalem. Within the parameters of a
                                           will assume responsibility for the          two-state framework, cultural heritage
                                           maintenance of law and order in its         properties within Israeli territory would
                                           capital. A joint policing command           fall under Israeli jurisdiction and vice
                                           team with special legal status can          versa. The reciprocity principle of free
                                           synchronise          cross-sovereignty      access maintenance and respect for
                                           operations. The subject requires further    each sides’ narrative should guide this
                                           study and there is value in drawing         process.
                                           best practices from international cases
                                           (e.g. the EU experience) on command         Further recommendations include
                                           hierarchy, locational jurisdiction and      expanding the Jerusalem World
                                           security arrangements as they relate to     Heritage site to include the open area,
                                           legal arrangements.                         establishing a joint cultural heritage
                                                                                       council with UNESCO participation,

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Back from the Brink: An Israeli-Palestinian Proposal for Jerusalem

                                           returning all artefacts previously           • For the international community:
                                           excavated in the territory of the other      Establish an international fund to help
                                           side to its original place and enhancing     East Jerusalem overcome its lack of
                                           a cultural heritage management               significant investment in infrastructure
                                           system.                                      and services. The fund will receive
                                                                                        applications from East Jerusalem NGOs
© 2021 IAI

                                           Preparing the ground                         and work with them directly.

                                           This Open Jerusalem proposal can only        • The international community should
                                           work in the context of a broader political   put pressure on Israel to let East
                                           environment, very different from that        Jerusalemites vote in Palestinian
                                           which exists today. It requires a peace      Legislative Elections as the case was in
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                                           process based on a clear framework           2006, and in accordance with the Oslo
                                           and parameters for action.                   Accords. Pressure on the Palestinian
                                                                                        Authority to announce a new date
                                           The EU and the US have a special             for the elections should similarly be
                                           responsibility to push both sides and        applied.
                                           societies towards this objective. If and
                                           when room is created for diplomacy,          • Israel should let the Arab Studies
                                           Open Jerusalem will be worth                 Society reopen Orient House, the
                                           considering.                                 cultural and identity centre of East
                                                                                        Jerusalem that Israel closed in 2002,
                                           To help prepare the ground for new and       and return its confiscated library
                                           creative arrangements we propose a           collection. In addition, Israel should
                                           number of concrete recommendations           let Palestinian Jerusalemites select
                                           below.                                       their local representatives to represent
                                                                                        community needs to the Israeli
                                           • For Israel, the PLO and international      municipality, and receive international
                                           mediators:        Negotiations       over    donations to improve services and
                                           Jerusalem should not be postponed            infrastructure utilised by Palestinian
IAI COMMENTARIES 21 | 29 - JUNE 2021

                                           until other components of the final          residents.
                                           status agreement have been completed
                                           as agreed in Oslo Accords. Moreover,                                    14 June 2021
                                           in order to build trust, the sides should
                                           implement areas that have been agreed
                                           upon while discussions on other issues
                                           continue.

                                           • For Israel and international mediators:
                                           There should be a freeze on the building
                                           of Israeli settlements in occupied East
                                           Jerusalem, on house demolitions and
                                           forcible evictions and a prohibition on
                                           land confiscation in East Jerusalem.

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Back from the Brink: An Israeli-Palestinian Proposal for Jerusalem

                                           Istituto Affari Internazionali (IAI)
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