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Jerusalem in International Law

Following the announcement that the US will move its embassy in Israel from Tel Aviv to Jerusalem and recognize Jerusalem as Israel’s capital city, we are providing free access to resources explaining the legal and historical background to the situation and providing an account of the law governing this issue.


Overview of legal issues relating to Jerusalem

Jerusalem” - Ruth Lapidoth, Max Planck Encyclopedia of Public International Law (MPEPIL)
Basic Law: Jerusalem, Capital of Israel: July 30, 1980 (Israel [il])Oxford Constitutions of the World (OCW)
Legal Considerations on the International Status of Jerusalem” - Antonio Cassese, The Human Dimension of International Law
"The Obligation of Non-recognition of an Unlawful Situation" - Martin Dawidowicz, The Law of International Responsibility


Post-War developments on the status of Jerusalem

Statute for the City of Jerusalem” - Oxford International Organizations (OXIO)
The Israeli Occupation of the West Bank and Gaza” - Eyal Benvenisti, The Law of Occupation (2e)
International Law and the ‘Permanent Status’ Issues” - Geoffrey R. Watson, The Oslo Accords: International Law and the Israeli-Palestinian Peace Agreements


Religious perspectives

Holy Places” - Heribert Franz Koeck, Max Planck Encyclopedia of Public International Law (MPEPIL)
“‘If I forget thee, O Jerusalem’ Religion, International Law, and Jerusalem” - Reut Yael Paz, International Law and Religion: Historical and Contemporary Perspectives


US Law and Practice

Case note on the "Zivotofsky Zivotofsky and ors v Kerry" appeal before the US Supreme Court concerning whether US passports could say that Jerusalem was part of Israel - Oxford Reports on International Law (ORIL)


The Purposes and Location of Diplomatic Missions (Embassies)

Functions of Diplomatic Missions and Consulates” - Sir Ivor Roberts (ed), Satow's Diplomatic Practice (7e)
Offices away from the Seat of the Mission” - Eileen Denza, Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations (4e)