THE LEGAL STATUS OF JERUSALEM UNDER INTERNATIONAL LAW

The 1993 agreement betvveen Palestine and Israel has not solved theissue of the status of Jerusalem. To the contrary, the agreement, in its Article5, postpones discussion of the issue until the permanent status negotiationsthat are to commence in 1996. In 1993-95, Israel has actively built housingfor Jews in East Jerusalem.These efforts at increasing its factual hold on Jerusalem put Israel inviolation of international law. When a state undertakes in an internationalagreement to resolve an issue, it may not subsequently take measures thatrendcr the resolution of the issue impossible. International agreementsinclude an element of good faith. States must carry out their internationalagreements in good faith. Article 26 of the Vienna Convention on the Law ofTreaties (1969) states that "Every treaty in force is binding upon the partiesto it, and must be performed by them in good faith."  

THE LEGAL STATUS OF JERUSALEM UNDER INTERNATIONAL LAW