The following is part of an interview conducted by Zenit with the Roman Catholic church's resident Israel expert, Father David-Maria Jaeger. The only Israeli Jew ever ordained as a priest, Jaeger holds a unique position within Vatican policy circles. Known best for waxing verbose on "why Israelis do what they do," this scholar of canon law offers frequent commentary and advice that the Vatican uses to assess and engage the State of Israel.
In this interview, Jaeger details the status of the Holy See-Israel Fundamental Agreement. The part that is most interesting is the following few paragraphs. In them, Jaeger reveals the Vatican's hopes for the resolution of the "Jerusalem Question." In essence, the Vatican wants the city to be taken from both Israelis and Palestinians and internationalized for the world at large. That way, Rome can gain a foothold in this historically important city and obtain some measure of authority over its "holy places" and environs.
I have highlighted some key passages.
The full interview is available at Zenit.
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ZENIT: For Jerusalem, you have recently put on the table the idea of an "internationally recognized special statute," holding that Israel and Palestine are not competent to decide on Jerusalem, until the United Nations has verified respect for the objectives indicated by the international community. Why does the Holy See still today hold that this is the best solution for Jerusalem?
Father Jaeger: It is not in the least "my" idea that Israelis and Palestinians cannot decide at present on Jerusalem, either separately or even jointly. Instead, this is the condition of the territory according to international law, as manifested objectively, among other things, by the constant presence in Jerusalem of General Consulates of "corpus separatum," never accredited to any state, but eloquent witnesses of the situation de iure, unchanged since the U.N. Resolution (181 of Nov. 29, 1947, the same one which authorized the creation of the Jewish State and of the yet future Palestinian State), which destined Jerusalem to international administration, as the "place" of rights and legitimate interests that belong to large world communities and that do not come simply from the two bordering nations.
Now, in the context of the search for a comprehensive resolution to the situations in the Holy Land that are not at present in conformity with international law, it is evident that also -- and first of all -- the condition of the territory of Jerusalem must be regulated. The many declarations in this regard from the Holy See over the course of the decades, make one think -- and this certainly is an interpretation of mine as a jurist -- that Israelis and Palestinians should adhere to a multilateral treaty -- perhaps more or less like the plan described above -- which guarantees the universal values represented in Jerusalem, so that consequently, with the endorsement of the United Nations, the Israelis and the Palestinians may be authorized to decide, through a bilateral peace treaty, on the territory itself. The Palestinians seem to be already committed to agree to such a path, or at least this would be my reading of the Preamble of the Basic Agreement which they signed with the Holy See on Feb. 15, 2000. Hence, there should be no reason why Israel cannot also accept it, if it should be invited concretely to do so. In fact, it would be in favor of all and against no one, a classic "win-win" [situation], where, that is, all parties "win," as is said in the world of business.
ZENIT: A special statute for the city implies -- as you yourself have reminded -- the coming into force of an international legal instrument that would control an Israeli-Palestinian bilateral agreement. Specifically, how do you think such an instrument can safeguard the Status Quo regime of the Holy Places? How should it work?
Father Jaeger: This, in fact, would be the easiest part of such an "internationally guaranteed special statute" for Jerusalem and its environs, especially if it follows the lines of the above-mentioned draft of the Multilateral Treaty with the respective organization to make it work.
In fact, the "status quo" legal regime in force for specific Holy Places provides for the pro tempore civil government to watch over its regular observance, being in charge of security and public order in those particular Holy Places. Thus, in addition to the re-confirmation in the treaty of the international legal force of this legal regime, it would be for the respective multilateral organization to assume these secular burdens through its own personnel, equipped also with the necessary powers to maintain public order.
Thus these few but very important Holy Places (think of the Holy Sepulcher of Jerusalem) would be removed from the interests and political calculations of the local states or of any individual state.
