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BACKGROUND
Israel considers Jerusalem its capital, but the Palestinians claim east Jerusalem for the capital of a future state. The international community does not recognize Israel’s claim on all of the city, home to sites holy to the Jewish, Muslim and Christian religions.
At present, the U.S. maintains its embassy in Tel Aviv, as well as a Consulate General in Jerusalem.
Congress has already demanded movement of the U.S. embassy to Jerusalem with the passage of the Jerusalem Embassy Act of 1995.
The following are excerpts from the Act:
(1) Each sovereign nation, under international law and custom, may designate its own capital.
(2) Since 1950, the city of Jerusalem has been the capital of the State of Israel.
(3) The city of Jerusalem is the seat of Israel’s President, Parliament, and Supreme Court, and the site of numerous government ministries and social and cultural institutions.
(4) The city of Jerusalem is the spiritual center of Judaism, and is also considered a holy city by the members of other religious faiths.
(5) From 1948–1967, Jerusalem was a divided city and Israeli citizens of all faiths as well as Jewish citizens of all states were denied access to holy sites in the area controlled by Jordan.
(6) In 1967, the city of Jerusalem was reunited during the conflict known as the Six Day War.
(7) Since 1967, Jerusalem has been a united city administered by Israel, and persons of all religious faiths have been guaranteed full access to holy sites within the city.
(8) This year marks the 28th consecutive year that Jerusalem has been administered as a unified city in which the rights of all faiths have been respected and protected.
(9) In 1990, the Congress unanimously adopted Senate Concurrent Resolution 106, which declares that the Congress ‘‘strongly believes that Jerusalem must remain an undivided city in which the rights of every ethnic and religious group
are protected’’.
(10) In 1992, the United States Senate and House of Representatives unanimously adopted Senate Concurrent Resolution 113 of the One Hundred Second Congress to commemorate the 25th anniversary of the reunification of Jerusalem, and reaffirming congressional sentiment that Jerusalem must remain an undivided city.
(11) The September 13, 1993, Declaration of Principles on Interim Self-Government Arrangements lays out a timetable for the resolution of ‘‘final status’’ issues, including Jerusalem.
(12) The Agreement on the Gaza Strip and the Jericho Area was signed May 4, 1994, beginning the five-year transitional period laid out in the Declaration of Principles.
(13) In March of 1995, 93 members of the United States Senate signed a letter to Secretary of State Warren Christopher encouraging ‘‘planning to begin now’’ for relocation of the United States Embassy to the city of Jerusalem.
(14) In June of 1993, 257 members of the United States House of Reps signed a letter to the Secretary of State Warren Christopher stating that the relocation of the United States Embassy to Jerusalem ‘‘should take place no later than . . . 1999’’.
(15) The United States maintains its embassy in the functioning capital of every country except in the case of our democratic friend and strategic ally, the State of Israel.
(16) The United States conducts official meetings and other business in the city of Jerusalem in de facto recognition of its status as the capital of Israel.
Section 3 of the Act states the following:
"Jerusalem should be recognized as the capital of the State of Israel; and the United States Embassy in Israel should be established in Jerusalem no later than May 31, 1999".
DELAYS IN IMPLEMENTATION
At the time the Act was passed by Congress, President Bill Clinton threatened a veto if a provision wasn’t added allowing for a six-month presidential waiver, or delay period. That provision (Section 7) was added and the bill was signed into law, with President Clinton then immediately exercising the waiver.
Since that time, Presidents Clinton, Bush and Obama have all opted to suspended implementation of the Act every six months.
President Trump suspended implementation in June, 2017, but has repeatedly expressed resolve to follow through on a campaign pledge to move the Embassy.
President Trump's June waiver expired Friday, December 1. It is widely expected that he will NOT be exercising the waiver option again. The State Department has informed all overseas missions to expect the Act to be implemented.
THREAT ASSESSMENT
Formal implementation of the Act and recognition of Jerusalem as the undivided capital of the State of Israel is going to set off a firestorm throughout the Middle East and beyond.
The move would be at odds with the United Nations’ continued refusal to recognize Jerusalem as Israel’s capital.
Hamas, the Palestinian Sunni-Islamic fundamentalist organization, has promised another Intifada (uprising) if President Trump moves forward with the plan.
The establishment of a Palestinian State and the total and complete destruction of Israel has been a battle cry of Islamic terror organizations for decades. Al Qaeda has leveraged the topic to get followers stirred up, as has the Islamic State. Expect more of this.
The move could also trigger significant anti-America sentiment across Europe, with many countries holding vehement anti-Semitic prejudices.
Expect the threat tempo to increase both domestic and abroad. Caution and vigilance are urged, particularly for synagogues, Jewish community centers and schools.
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