Devletler Hukukuna Göre Kudüs’ün Statüsü
Status of Jerusalem According to the International Law

Summary/Abstract: This study aims to examine status of Jerusalem according to the International Law. The first part of the study looks at the recent history of Jerusalem and Jewish migration to Palestine during the British rule; limitations of self-determination right and to what extent it is carried out in Palestine are explored. The second part deals with Israel invasion of Jerusalem which was based on the UN General Assembly Resolution Number 181 on Partition Plan of Palestine. According to the International Law, Israel is not the owner of the city. Annexation of territory is not seen as legitimate according to the fourth item of the second article of the UN Charter. This issue is underlined both in the UN Security Council Resolutions Number 242 and 338- accepted after 1967 and 1973 conflicts and in the Venice Declaration- accepted by the heads of government and the ministers of foreign affairs of the European Community in 1980. Indeed, Israel tacitly accepted the situation. In the Declaration of Principles which was signed in Oslo in 1993 after the Israel- Palestine negotiations; the parties agreed on the issue of re-design of the status of Jerusalem. However, this is not dealt with in detail due to the occlusion in the peace process. As a conclusion, Israel was in occupier status in Jerusalem according to the international law. Israel under the hidden auspices of some countries- is enforcing many important executions such as generating an actual situation, building new settlements and removing ministries and bureaucratic institutions to Jerusalem and these implementations did not provide judicial legitimacy (de jure) to Israeli invasion.

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