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The UN must step in
Published in Al-Ahram Weekly on 15 - 02 - 2007

Muslims and Arabs seek legal defence against Israel's most recent international law violations, Dina Ezzat reports
Against a backdrop of wide-ranging Arab and Muslim condemnation and internal dissension, Israel this week sent mixed signals on its intentions to freeze the controversial demolition and building work near Jerusalem's most volatile holy site. To the chagrin of Palestinians, and many Arab and Muslim countries and organisations, the Israeli government appears still determined, however, to press ahead with other archaeological "excavations".
Israel said it plans to replace a damaged wooden bridge leading to Al-Aqsa Mosque with a stone ramp. After a few days of defiant Palestinian protest and a general Muslim outcry, Jerusalem Mayor Uri Lupolianski said that he had decided to suspend the work to allow for public discussion. Nonetheless, separate "excavations" that according to Palestinians and Arabs risk the safety of Al-Aqsa Mosque itself will continue, the Israeli government said, deciding to shrug off all protest. On Tuesday, the Israeli government issued a statement, this time denying that the construction work had been abandoned. "No suspension. No halt. The archaeological salvage will continue," spokeswoman Miri Eisin told reporters in Jerusalem.
These developments will only serve to further propel Arab diplomatic efforts which aim to halt the Israeli excavations. The Islamic trust that oversees Al-Aqsa Mosque has warned that the Israeli excavation project endangers Al-Aqsa's foundations. On Monday, Jerusalem mufti Sheikh Mohamed Hussein blasted the seemingly confused signs on plans to suspend the ramp works, especially since excavations were continuing. He told reporters that short of an announcement by the Israeli to suspend all construction and excavation activities, Palestinians would continue to protest against the "aggression".
According to Arab League Secretary-General Spokesman Alaa Rouchdi, the Arab League is determined to push ahead with its plans to secure the support and involvement of all concerned international bodies to prevent Israel from violating its legal obligations in relation to preserving historic sites under Israeli occupation. "The Arab League is pursuing legal means to secure this site of world cultural heritage. There is no change of plans," Rouchdi said. He added that the Arabs would not be fooled by pacifying statements.
According to the related UN resolutions and international conventions, Israel, as an occupying power, should coordinate any reconstruction or repair work that it undertakes in the Al-Aqsa Mosque with Jordan, in the latter's capacity as the custodian of Muslim sites in occupied Jerusalem.
Amman declared that it had assigned its ambassador in Washington to communicate a "message" of concern to US Secretary of State Condoleezza Rice. Rice will hold talks next week in the Jordanian capital with King Abdullah, who is also expected to voice concern about the consequences of Israeli action, especially in his country, where there have been increasingly vocal demands to sever diplomatic ties with Israel. Abdullah is expected to propose to Rice that a UNESCO expert be present on the site, so as to monitor any building or excavations, ensuring that no harm is inflicted on Islamic sites in East Jerusalem.
Egypt had also communicated to the Israeli ambassador in Cairo what it described as its serious concerns about the consequences of his country's actions.
Meanwhile, on Saturday, the Arab League's council convened at the permanent representatives' level to contemplate a collective Arab reaction to the construction and excavations. While no major political reaction was forthcoming from the two-hour meeting, Secretary- General Amr Moussa and the permanent representatives of its 22 member states, including Palestine, called for an emergency UN Security Council meeting on recent developments in Jerusalem that Arab diplomats say are very disturbing, and indicative of an aggressive Israeli intention to tamper with Muslim holy sites under Israeli occupation.
In a communiqué issued at the end of its deliberations, the Arab League council qualified Israel's provocative excavations as "criminal and destructive acts" against Al-Aqsa Mosque and its entire compound. The council concluded that such acts essentially aim to undermine the Arab identity of Jerusalem. As such, it called on the UN Security Council and UNESCO to take necessary action to force Israel, as an occupying power, to honour its obligations under international law, which prevent occupying powers from changing the identity or topographic nature of the territories they are occupying. The council also appealed to the Quartet in charge of promoting a peaceful settlement between Palestinians and Israelis to use its influence to dissuade the Israeli government from pursuing plans that "seriously undermine the efforts undertaken to revive the peace process and that aborts the chances of negotiations on final status issues, especially Jerusalem".
Israel occupied East Jerusalem during its 1967 assault on Arab countries. Since that date, it has implemented many plans aiming to dilute the Arab identity of East Jerusalem. The fate of Jerusalem and its holy sites is one of the most contentious issues in the Israeli-Palestinian conflict. It was on the compound of Al-Aqsa Mosque that the second Palestinian Intifada ignited in September 2000 following a deliberately provocative visit by then Israeli opposition leader Ariel Sharon.
The recent wave of disturbances comes ahead of the summit which is due to convene next Monday between US Secretary of State Condoleezza Rice, Palestinian President Mahmoud Abbas and Israeli Prime Minister Ehud Olmert. This comes as part of redoubled Western efforts to revive the stagnant peace process.
In parallel efforts, Moussa and several Arab foreign ministers, including Egyptian Foreign Minister Ahmed Abul-Gheit, have communicated urgent messages to UN Secretary-General Ban Ki-Moon and other concerned international officials seeking their intervention to prevent the Israeli government from acting in ways that make confrontation between Palestinians under occupation and Israeli forces all but inevitable.
"Such Israeli violations have provoked wide anger and condemnation in Palestine and many Arab and Muslim countries. This is bound to undermine security and stability, not only in the occupied Palestinian territories but in the entire region," Moussa wrote to Ban Ki-Moon.
It is an open question whether or not such appeals to the caretakers of international law will lead to action on preventing Israel from taking unilateral provocative steps. According to senior Palestinian negotiator Nabil Shaath, legal protest against "endless Israeli crimes and violations" has to be made. "Meanwhile, it is the Palestinian people first and foremost that would be in the frontline of confrontation against such violations," Shaath said.
Arab countries have declined from issuing any serious political or economic threats against the Israeli government. President Abbas, who criticised Israel's actions as "very serious", stopped short of calling off next week's meeting with Olmert and Rice.
Such reactions have not satisfied wide swathes of Arab public opinion. Demonstrators and commentators criticise Arab governments for condemning the excavations and conducting business as usual with Israel, at the same time.


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