【Comment】
特別是耶路撒冷,這個置於聯合國下的「耶路撒冷市特別國際政權」(the Special
International Regime for the City of Jerusalem),更非以色列所能染指。
因此,當歐巴馬說「耶路撒冷的地位應由以色列與巴勒斯坦雙方人民和平對話決定」,實際上是不完整甚或是錯誤的認識。
至於以色列駐美大使說耶路撒冷是「承認猶太人與猶太土地的連結」,還強調此事是 truth、eternal connection,他說的是宗教與古代歷史。但 truth 是真理還是事實?
前者講法律與政治,後者講歷史與宗教。絕對逗不起來的。
雖然以色列聲稱首都在耶路撒冷,美國大使館依然在合法首都特拉維夫 (Tel Aviv) 不動如山。即便國會有立法要求行政部門限期實施,但法案卻偷偷授權總統以「國家安全利益」為由,得延期實施(每次延期半年,至今)。美國參議員也是在忽攏。
因此,以色列大使罕見的呼籲也沒用。
Presidential Memorandum -- Suspension of Limitations
under the Jerusalem Embassy Act
20140602
MEMORANDUM FOR THE
SECRETARY OF STATE
SUBJECT: Suspension of Limitations under the
Jerusalem Embassy Act
Pursuant to the
authority vested in me as President by the Constitution and the laws of the
United States, including section 7(a) of the
Jerusalem Embassy Act of 1995 (Public Law 104-45)(the "Act"),
I hereby determine that it is necessary, in order to protect the national
security interests of the United States, to suspend
for a period of 6 months the limitations set forth in sections 3(b) and 7(b) of the Act.
You are authorized
and directed to transmit this determination to the Congress, accompanied by a report in accordance with section 7(a) of the Act,
and to publish the determination in the Federal Register.
This suspension
shall take effect after the transmission of
this determination and report to the Congress.
Obama Extends Waiver in Moving U.S. Embassy
to Jerusalem 2013.12.04
the Jerusalem Embassy Act of 1995
Section 3 TIMETABLE.
(b) OPENING DETERMINATION- Not more than 50
percent of the funds appropriated to the Department of State for fiscal year
1999 for ‘Acquisition and Maintenance of Buildings Abroad’ may be obligated
until the Secretary of State determines and reports to Congress that the United
States Embassy in Jerusalem has officially opened.
Section 7 PRESIDENTIAL WAIVER.
(a) WAIVER AUTHORITY-
(1) Beginning on October 1, 1998, the
President may suspend the limitation set forth in section 3(b) for a period of six months if he determines
and reports to Congress in advance that such
suspension is necessary to protect the national security interests of
the United States.
(2) The
President may suspend such limitation for an
additional six month period at the end of any period during which the
suspension is in effect under this subsection if the President determines and
reports to Congress in advance of the additional suspension that the additional
suspension is necessary to protect the national security interests of the
United States.
(3) A
report under paragraph (1) or (2) shall include--
(A) a statement of the interests affected by the
limitation that the President seeks to suspend; and
(B) a discussion of the manner in which the
limitation affects the interests.
(b) APPLICABILITY
OF WAIVER TO AVAILABILITY OF FUNDS- If the President
exercises the authority set forth in subsection (a) in a fiscal year, the
limitation set forth in section 3(b) shall apply to funds appropriated in the
following fiscal year for the purpose set forth in such section 3(b) except to
the extent that the limitation is suspended in such following fiscal year by
reason of the exercise of the authority in subsection (a).
Israel’s Ambassador: Move the U.S. Embassy to
Jerusalem○The Washington Free
Beacon (2014.06.05)
Obama administration continues to say Jerusalem not part of Israel
Israel’s ambassador
to the United States has called on Congress to “finally” and “very soon” move
the U.S. embassy in Israel from Tel
Aviv to Jerusalem, drawing praise
from those who have pushed the sensitive issue
for years on Capitol Hill.
Israel’s Ambassador Ron Dermer made the call last week on Capitol
Hill during an event marking Jerusalem Day, when the city was unified by
Israel.
Dermer’s public call for Congress to move the U.S. embassy
from Tel Aviv to Jerusalem is
relatively unprecedented for a high level Israeli official and
underscores the political controversy over the Obama
administration’s refusal to formally acknowledge
Jerusalem as Israel’s capital.
Lawmakers have for years tried to move the U.S. embassy in Israel from its
location in Tel
Aviv to Jerusalem. However, successive administrations have been
reluctant to formalize the move, with the Obama administration going so far as
to deny that Jerusalem is even in Israel.
Dermer told U.S.
lawmakers in attendance at the May 29 event organized by the Israel Allies
Foundation that it is “finally” time for the United
States to acknowledge Jerusalem as Israel’s “undivided” capitol and to relocate
the U.S. embassy there.
“Who knows, maybe
one day very soon you will decide to move your embassy, finally, to
Israel’s capital, Jerusalem,” Dermer said, according to video of his remarks
obtained by the Washington Free Beacon. “In doing so you will not undermine the
prospects for peace, you will strengthen the chances for peace because for
peace to hold in our region it has to be based on truth.”
While Obama
administration officials have argued that the
status of Jerusalem is an issue that needs to be decided in peace talks between
the Israelis and Palestinians, Dermer maintained that the issue
is about acknowledging “the connection of the
Jewish people to the Jewish land.”
“The decision in
the United States, the decision to move the embassy to Jerusalem, would be a
statement in favor of truth and if we have that
type of truth, if we make clear to the world the connection of
the Jewish people to the Jewish land, the connection of the Jewish people to
its capitol in Jerusalem, we will be laying a very,
very strong, powerful cornerstone for peace,” Dermer said.
“We all want to see
peace happen,” he continued. “The best
way we can do that is by beginning to speak the truth, by defending
Jerusalem and defending the eternal connection that we have to our
ancient capital.”
“It was a historic
occasion for Ambassador Dermer
to come to Capitol Hill and call on Congress and the U.S. government to move
the American Embassy,” Griffioen told the Free Beacon. “I very much second what the ambassador said
when he emphasized that for the U.S. to move it’s embassy to Jerusalem would
not hinder peace but would strengthen the chances
for peace as peace must be rooted in truth.”
Dermer’s public
call to move the embassy takes direct aim at the Obama administration’s policy
on the issue. The White House on Monday reissued an executive waiver to skirt the law and
ensure that the embassy is not relocated.
Despite multiple
U.S. laws effectively labeling Jerusalem as Israel’s capital and mandating the
embassy be moved, the Obama administration has made it a policy to deny that the ancient city is
Israeli territory.
State Department
releases have dubbed Jerusalem as its own entity and labeled Israel separately.
Former State
Department spokeswoman Victoria
Nuland went on record in 2012 to
state that the administration considers Jerusalem a
topic for peace talks.
“With regard to our
Jerusalem policy, it’s a permanent-status issue,” she told reporters in 2012
after the State Department came under fire for altering communications that
labeled Jerusalem and Israel as separate entities. “It’s got to be
resolved through the negotiations between the parties.”
Democrats
additionally came under fire in 2012 when party
leaders removed language from the Democratic National Committee’s platform
acknowledging Jerusalem as Israel’s capitol.
Lawmakers at last
week’s event—including Reps. Brad Sherman (D., Calif.), Eliot Engel (D., N.Y.),
and Doug Lamborn (R., Colo.)—reiterated their support for moving the embassy as
well.
“I look forward to
visiting with you in the new U.S. embassy in Jerusalem,” Sherman
told the audience, which included members of Israel’s Knesset and officials
from the embassy.
Dermer maintained
in his remarks that Jerusalem should not be made into a politically divisive
issue.
“Jerusalem is the
heart and soul of the Jewish people,” he said, adding that Jerusalem will never
again be divided. “It is the center of our national life and the center of our
religious life and a divided Jerusalem means that your heart is torn.”
Text of the Jerusalem Embassy Act of 1995
This bill became
enacted on November 8, 1995 after ten days elapsed after being presented to the
President. The text of the bill below is
as of Dec 15, 1995 (Referred to House Committee).
S 1322 RFH
104th CONGRESS
1st Session
S. 1322
IN THE HOUSE OF
REPRESENTATIVES
December 15, 1995
Referred to the
Committee on the Judiciary
AN ACT
To provide for the
relocation of the United States Embassy in Israel to Jerusalem, and for other purposes.
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be
cited as the ‘Jerusalem Embassy Act of 1995’ .
SEC. 2. FINDINGS.
The Congress makes
the following findings:
(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 Representatives 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.
(17) In 1996, the State of Israel will celebrate
the 3,000th anniversary of the Jewish presence in
Jerusalem since King David ’s
entry.
SEC. 3. TIMETABLE.
(a) STATEMENT OF THE POLICY OF THE UNITED STATES-
(1) Jerusalem should remain an undivided city in
which the rights of every ethnic and religious group are protected;
(2) Jerusalem should be recognized as the capital
of the State of Israel; and
(3) the United States Embassy in Israel should be
established in Jerusalem no later than May 31, 1999.
(b) OPENING
DETERMINATION- Not more than 50 percent of the funds appropriated to the
Department of State for fiscal year 1999 for ‘Acquisition and Maintenance of
Buildings Abroad’ may be obligated until the Secretary of State determines and
reports to Congress that the United States Embassy in Jerusalem has officially
opened.
SEC. 4. FISCAL YEARS 1996 AND 1997 FUNDING.
(a) FISCAL YEAR 1996- Of the funds authorized to
be appropriated for ‘Acquisition and Maintenance of Buildings Abroad’ for the
Department of State in fiscal year 1996, not less than $25,000,000 should be
made available until expended only for construction and other costs associated
with the establishment of the United States Embassy in Israel in the capital of
Jerusalem.
(b) FISCAL YEAR 1997- Of the funds authorized to
be appropriated for ‘Acquisition and Maintenance of Buildings Abroad’ for the
Department of State in fiscal year 1997, not less than $75,000,000 should be
made available until expended only for construction and other costs associated
with the establishment of the United States Embassy in Israel in the capital of
Jerusalem.
SEC. 5. REPORT ON IMPLEMENTATION.
Not later than 30
days after the date of enactment of this Act, the Secretary of State shall
submit a report to the Speaker of the House of Representatives and the
Committee on Foreign Relations of the Senate detailing the Department of
State’s plan to implement this Act. Such report shall include--
(1) estimated dates of completion for each phase
of the establishment of the United States Embassy, including site
identification, land acquisition, architectural, engineering and construction
surveys, site preparation, and construction; and
(2) an estimate of the funding necessary to
implement this Act, including all costs associated with establishing the United
States Embassy in Israel in the capital of Jerusalem.
SEC. 6. SEMIANNUAL REPORTS.
At the time of the
submission of the President’s fiscal year 1997 budget request, and every six
months thereafter, the Secretary of State shall report to the Speaker of the
House of Representatives and the Committee on Foreign Relations of the Senate
on the progress made toward opening the United States Embassy in Jerusalem.
SEC. 7. PRESIDENTIAL WAIVER.
(a) WAIVER
AUTHORITY- (1) Beginning on October 1, 1998, the President may suspend the limitation
set forth in section 3(b) for a period of six months if he determines and
reports to Congress in advance that such suspension is necessary to protect the
national security interests of the United States.
(2) The President may suspend such limitation for
an additional six month period at the end of any period during which the
suspension is in effect under this subsection if the President determines and
reports to Congress in advance of the additional suspension that the additional
suspension is necessary to protect the national security interests of the
United States.
(3) A report under paragraph (1) or (2) shall
include--
(A) a statement of the interests affected by the
limitation that the President seeks to suspend; and
(B) a discussion of the manner in which the
limitation affects the interests.
(b) APPLICABILITY
OF WAIVER TO AVAILABILITY OF FUNDS- If the President exercises the authority
set forth in subsection (a) in a fiscal year, the limitation set forth in
section 3(b) shall apply to funds appropriated in the following fiscal year for
the purpose set forth in such section 3(b) except to the extent that the
limitation is suspended in such following fiscal year by reason of the exercise
of the authority in subsection (a).
SEC. 8. DEFINITION.
As used in this
Act, the term ‘United States Embassy’ means the offices of the United States
diplomatic mission and the residence of the United States chief of mission.
Passed the Senate
October 24, 1995.
Attest:
Secretary.
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