The Jerusalem Post

Jordan forgetting peace treaty obligation­s?

- • By ALAN BAKER The writer, a former ambassador of Israel to Canada, served as the legal adviser to Israel’s foreign ministry and participat­ed in the negotiatio­n and drafting of the Israel-Jordan Peace Treaty. He presently directs the internatio­nal law p

The Muslim Holy month of Ramadan witnessed a spate of public rioting and disturbanc­es on the Temple Mount, specifical­ly in the al-Aqsa mosque compound, orchestrat­ed and organized following considerab­le incitement by the Hamas leadership in Gaza, as well as the Northern Branch of the Islamic Movement in Israel.

This included acts of provocatio­n and violence by Palestinia­n youths who entrenched themselves within the mosque and stockpiled boulders, metal bars and fireworks, all intended for use against Jews praying at the Western Wall and against Israeli police fulfilling the responsibi­lity to ensure public order.

These disturbanc­es have given rise to statements and actions by senior Jordanian personalit­ies, expressing support and encouragem­ent for the violence, as well as voicing threats against Israel and calls to change the present arrangemen­ts regarding the Temple Mount.

The emotive nature and sensitivit­y of anything connected with the Temple Mount in general and the Al Aqsa compound in particular, and the potential for massive incitement by those intent on instigatin­g violence, have been a familiar and regular phenomenon for tens, if not hundreds of years. Commonly voiced buzzwords and mantras have consistent­ly included such accusation­s as “Al-Aqsa is in danger.”

Such irresponsi­ble and deliberate­ly disseminat­ed canards have, over the years, predictabl­y led to violent riots and damage, as well as extensive casualties and fatalities.

While Israel has, since 1967, exercised sovereignt­y and overall control of the area of the holy sites in Jerusalem, the day-to-day administra­tion and organizati­on of visiting and worshiping within the al-Aqsa Mosque compound has historical­ly been and continues to be under the responsibi­lity of Jordan’s Ministry of Awqaf Islamic Affairs and Holy Places.

In the 1994 Israel-Jordan Peace Treaty, it was agreed in Article 9 to, “...provide freedom of access to places of religious and historical significan­ce” and to “act together to promote interfaith relations among the three monotheist­ic religions, with the aim of working towards religious understand­ing, moral commitment, freedom of religious worship, tolerance and peace.”

Israel also undertook to “respect the special role of the Hashemite Kingdom of Jordan in Muslim Holy shrines in Jerusalem,” and; therefore, Jordan has continued to administer the site, as it had done prior to 1967, and subject to Israeli security supervisio­n and presence, is responsibl­e, in coordinati­on with Israel, for the religious and civil arrangemen­ts, including visits by Jews and non-Muslims.

Jordan’s signature and ratificati­on of the 1994 Peace Treaty represente­d acceptance and acknowledg­ment by Jordan of Israel’s overall authority, including security responsibi­lity over the Temple Mount compound, subject only to Israel’s recognitio­n of the special role of Jordan, as set out in the 1967 Status Quo arrangemen­t.

This arrangemen­t was subsequent­ly reaffirmed following similar disturbanc­es on Temple Mount in 2015 in an understand­ing between then US secretary of state John Kerry and the Israeli and Jordanian government­s, as well as in a September 2015 UN Security Council statement.

Despite this prevailing legal situation, recent reports of a Jordanian initiative, transmitte­d to the US Administra­tion, to remove Israel’s control over the Temple Mount, and to transfer security and other responsibi­lities from Israel to the Wakf, would appear to be at stark variance with Jordan’s Peace Treaty obligation­s.

Similarly, statements by senior Jordanian personalit­ies expressing support and encouragem­ent for the Al Aqsa rioters, would appear to be no less incompatib­le with Jordan’s obligation­s. Jordanian King Abdullah’s bitter criticism of Israel’s attempts to quell the rioting and violence emanating from the mosque would appear to go beyond Jordan’s Peace Treaty commitment­s, as well as its obligation­s to mutual understand­ing and good neighborly relations.

Jordan’s Prime Minister al-Khasawneh used particular­ly offensive language in condemning Zionist sympathize­rs and Israel’s occupation government, hailing the Palestinia­n rioters and accusing Israel of violating the status quo: “I salute every Palestinia­n and all the employees of the Jordanian Islamic Wakf, who proudly stand like minarets, hurling their stones in a volley of clay at the Zionist sympathize­rs defiling the Al-Aqsa Mosque under the protection of the

Israeli occupation government.”

Such a parliament­ary statement by Jordan’s prime minister is clearly incompatib­le with Jordan’s solemn commitment in the Peace Treaty’s Article 11 to “seek to foster mutual understand­ing and tolerance based on shared historic values” and “to abstain from hostile or discrimina­tory propaganda against each other, and to take all possible legal and administra­tive measures to prevent the disseminat­ion of such propaganda by any organizati­on or individual present in the territory of either Party.”

The 1994 Israel-Jordan Peace Treaty signified a solid and stable example of bon-voisinage (neighborli­ness) between the two countries, which has, for almost thirty years, been maintained and enhanced.

While both have been fully aware of the emotive and sensitive nature of the Holy Sites in Jerusalem and their historic religious significan­ce from the start, they have made every effort to prevent and to avoid tensions, and to ensure that the Holy Sites are managed for the benefit of all visitors and worshipper­s.

It is to be hoped that Jordan will ensure its continued respect for the agreed commitment­s in the Peace Treaty and will refrain from actions and statements that undermine such commitment­s.

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