Monday, November 03, 2014

Static Status Quo or a Variable One?

Everyone is committed to an 'historic status quo'.

Here's from the US State Department's Freedom of Religion Report, 2013:
The 1967 Protection of Holy Sites Law provides for the protection of holy sites of all religious groups. All holy sites also have protection under the penal law...Historic sites also are protected by the antiquities law...A government policy since 1967, repeatedly upheld by the Supreme Court and routinely enforced by the police, who cite security concerns, denies non-Muslim worship and prayer at the Temple Mount/Haram al-Sharif. While the government ensures limited access to the Temple Mount/Haram al-Sharif to everyone regardless of religious belief, only Muslims are allowed to pray at the site, although their access is occasionally restricted due to security concerns. The Israeli National Police (INP) regulates traffic in and out of the site and removes non-Muslim visitors if they appear to be praying. The Jerusalem Islamic Waqf (endowments), a Jordanian-funded and administered Islamic trust and charitable organization, manages the site and generally restricts non-Muslims from entering the Dome of the Rock shrine and al-Aqsa Mosque, a practice it started in 2000. The Waqf does not allow non-Muslim religious symbols to be worn on the Temple Mount/Haram al-Sharif.

The United States statement in the UN this past week was irresponsible suggesting that all were responsible for tensions and violence.  I quote from the remarks by Ambassador David Pressman, the U.S. Alternate Representative to the United Nations for Special Political Affairs, at a Security Council Open Debate on the Middle East, October 29, 2014
...we are very concerned by recent tensions surrounding the Temple Mount / Haram al-Sharif. It is absolutely critical that all sides exercise restraint, refrain from provocative actions and rhetoric, and preserve the historical status quo on the Temple Mount / Haram al-Sharif – in word and in practice...The continued commitment by Israelis, Palestinians, and Jordanians to preserve the historic status quo at the holy site is critical...We urge the leaders of all three parties to exercise decisive leadership and work cooperatively together to lower tensions and discourage violence, alleviate restrictions on Muslim worshipers, and reinvigorate long-standing coordination mechanisms and relationships that have served over the decades to preserve the historic status quo as it pertains to religious observance and access to the site...

The Jerusalem Post reported that
At a press briefing that day, State Department spokeswoman Jen Psaki said Kerry had demanded that Netanyahu eschew provocative statements and actions regarding Jerusalem and preserve the status quo on the Mount.

“I am extremely concerned by escalating tensions across Jerusalem and particularly surrounding the Haram al-Sharif/Temple Mount,” Kerry said in a statement.  “It is absolutely critical that all sides exercise restraint, refrain from provocative actions and rhetoric, and preserve the historic status quo on the Haram al-Sharif/Temple Mount – in word and in practice. The continued commitment by Israelis, Palestinians, and Jordanians to preserve the historic status quo at this holy site is critical; any decisions or actions to change it would be both provocative and dangerous.”
The previous day we read Sec'y of State Kerry saying:
I am extremely concerned by escalating tensions across Jerusalem and particularly surrounding the Haram al-Sharif/Temple Mount. It is absolutely critical that all sides exercise restraint, refrain from provocative actions and rhetoric, and preserve the historic status quo on the Haram al-Sharif/Temple Mount – in word and in practice. The continued commitment by Israelis, Palestinians, and Jordanians to preserve the historic status quo at this holy site is critical; any decisions or actions to change it would be both provocative and dangerous. The Haram al-Sharif/Temple Mount must be re-opened to Muslim worshipers and I support the long-standing practices regarding non-Muslim visitors to the site, consistent with respect for the status quo arrangements governing religious observance there.
and then interpreted via Spokesperson Psaki:
MS. PSAKI: Secretary Kerry spoke with Prime Minister Netanyahu last night and discussed the situation in Jerusalem and the importance of de-escalating tensions. The Secretary emphasized the importance of refraining from provocative actions and rhetoric and preserving the historic status quo on the Haram al-Sharif/Temple Mount. He also spoke with President Abbas this morning. He expressed his serious concern about the escalating tensions in Jerusalem. He stressed the importance of both sides taking steps to calm the situation, refrain from actions and rhetoric that could enflame [sic] the situation, and work cooperatively to lower tensions and discourage violence.

QUESTION: Are you doing anything else to lower tensions, I mean, other than just talking to the leaders?

MS. PSAKI: Well, certainly, talking to the leaders – and given Secretary Kerry’s strong relationship with them – we feel is an important component of what we’re doing. Obviously, on the ground, we’re continuing to encourage that directly with many counterparts in the Israeli Government and with the Palestinians as well.
Arieh Eldad wrote today:
The destruction continues. The Arabs have dubbed the entire mount "Al-Aqsa mosque" and do whatever they like there. They build, wreck and riot, and the government in effect is giving up all its sovereignty on the mount and not enforcing the law. I know that the Arabs see the Jewish forgoing of sovereignty over the holiest place to the Jewish people as a sign that we are not truly bound to the land of Israel, and can be ousted like the Crusaders...
He finished his piece so,
Only if we make it clear to ourselves and the rest of the world that this is the holiest place to the Jewish people and we will not give it up from fear of Arab terrorism do we have a chance to win. You don't contain terrorism -- you fight it until it is defeated. Our giving up the Temple Mount is the strongest incentive for the Islamic terrorism working against us. The Temple Mount isn't the problem. It's the solution.
But it seems our Prime Minister is leaning to another approach.  Here are his words at the start of today's cabinet meeting on 2 November 2014:

"I would like to send my best wishes for a full recovery to Yehuda Glick who was wounded by the bullets of a despicable would-be assassin. I spoke with his wife and his father and I told them that along with the entire Jewish people, I am praying for Yehuda's recovery. I am certain that I speak for all ministers and very many of the Israeli people in this regard....

...we are in a lengthy struggle; however, we are determined to be successful. We will certainly oppose all systematic and continuing attempts by Islamic extremist elements to stir up unrest. They would like to set a religious fire in Jerusalem and thereby ignite the entire Middle East. The place they are most determined on is the Temple Mount. They are disseminating lies to the effect that we intend to destroy or harm the Al-Aqsa Mosque and that we intend to prevent Muslim from praying there. They are using verbal and physical violence in an effort to exclude Jews from going up to the Temple Mount. We will not allow this to happen; neither will we alter the worship arrangements and the access to the Temple Mount that has been customary for decades. We are committed to the status quo for Jews, Muslims and Christians.

Since the time of our patriarch Abraham, the Temple Mount has been the holiest site for our people. The Temple Mount is the most sensitive kilometer on earth. Alongside a strong insistence on our rights, we are determined to maintain the status quo. It is easy to start a religious fire, but much more difficult to extinguish it. These messages have been passed along as clearly as possible to Abu Mazen, as well as to all elements in the area and among us.

What is necessary now is to calm the situation and to act with responsibility and restraint. This is always the case, but it is especially so now when the entire Middle East is awash in Islamic extremism. Just as important countries around us, important Arab countries, see eye-to-eye with Israel on the danger that extremist Islam poses to all of us. Therefore, over the past 48 hours, I have held contacts with various elements, as well as with US Secretary of State John Kerry, in order to calm the situation. To this end, I also contacted Knesset Speaker Yuli Edelstein last night, and I appeal to MKs from all sides of the Knesset, and to my ministerial colleagues, these are especially sensitive times. Let us not play into the hands of our extremist enemies. I think that what is necessary now is to show restraint and to work together to calm the situation. I ask that you join me in the effort to maintain the existing order, let nobody harm it, certainly not our right to go up to the Temple Mount, but we will not change the arrangements. I also ask that private initiatives be avoided as well as unbridled statements. At this time we must show responsibility and restraint."
However, at least we have this from the field:
As for the Temple Mount, [National Police Inspector-General Yochanan] Danino said that every government since the Six Day War did the same thing and he does not plan on making a change in the status quo."The attempt to murder Glick crossed every line in the sensitive fabric of the Temple Mount. This criminal terrorist act requires us to make it clear that we will not allow such actions," he stated.Danino explained that police closed the Temple Mount to make it clear that this is a tool they will not hesitate to use if necessary, but promised that throughout the year he will do everything possible to allow Jews and tourists to exercise their right to visit the holy site, even if many more officers must be sent there.  "We will be more careful and determined than in the past," he stated. "Even if the level of danger will require many more police officers, we will bring the forces in order to protect the rights of those ascending the Mount."
As I have detailed, the "historic status quo" can be summarized so:

a. following the Muslim reconquest of Crusader Jerusalem, the previous lenient attitude was abandoned and non-Muslims were banned from entrance to the Temple Mount, as well as past the 7th step outside Hebron's Cave of the Patriarchs.

b.  beginning in the 1830s, non-Muslims began to enter the compound.  Prior to World War I, school trips by Jewish pupils were organized.

c.  with the British conquest, special Egyptian Muslim troops were brought in.

d.  in 1924, Hussein Ibn Ali, the great-great grandfather of the current monarch of Jordan declared himself Caliph for all of eight months (unrecognized by any other Muslim ruler) and had himself declared as patron of Islam's Jerusalem holy sites to make up for the loss of the other two sites, Mecca and Medina, to Ibn Saud.

e.  A fortnight after the 1967 Six Days War, Moshe Dayan declared that Israel would adopt a status quo which recognized the Jordanian Waqf as the responsible administrative body of the site and that Jewish prayer would be banned.

That status quo has been static only for Jews but varies for Muslims including the construction of an underground mosque and the sitting of "prayer/study groups" in walkways to interfere with free access.

In Hebron, prayer is permitted for Jews and the shrine is divided spatially and time-wise.

And, in the end, this is what Netanyahu is forced to say, as communicated by the Prime Minister's Media Adviser, that he:
...sharply condemns Abu Mazen's condolence letter to the family of Yehuda Glick's would-be assassin. "When we are trying to calm the situation, Abu Mazen sends condolences over the death of one who tried to perpetrate a reprehensible murder. The time has come for the international community to condemn him for such actions," the Prime Minister said.

So symbolic.

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