We’re Getting Closer, But We’re Not There Yet

There is a history of American presidential candidates claiming they will recognize Jerusalem as the capital of Israel and move our Embassy there, and a sorry history of their failure to do so. Less remarked upon is the concurrent history of Congress passing legislative fiction that on the one hand tells the President to move the Embassy, and on the other offers him a formula by which to waive the requirement.

There is a history of American presidential candidates claiming they will recognize Jerusalem as the capital of Israel and move our Embassy there, and a sorry history of their failure to do so. Less remarked upon is the concurrent history of Congress passing legislative fiction that on the one hand tells the President to move the Embassy, and on the other offers him a formula by which to waive the requirement. Recognizing that the formula serves both sides, JINSA instead has advocated a path of specific steps that would correct the practical problems emanating from the absurdity of Israel being the only country in the world seemingly not entitled to name its own capital.

Most important, but only a first step, would be to bring the consulate in Jerusalem under the authority of the U.S. Ambassador in Tel Aviv, aligning it like almost every other consulate in the world. Operating independently, the American Consulate in Jerusalem had served as an Embassy to the Palestinians, and under Consul Ron Schlicher had engaged in some rather dubious diplomacy.

This month, Congress did what we suggested and more, adding three key points to Section 235 of the Foreign Relations Authorization Act – “United States Policy with Respect to Jerusalem as the Capital of Israel.”

• Limitation on the Use of Funds for Consulate in Jerusalem – None of the funds authorized to be appropriated by this Act may be expended for the operation of a United States Consulate or diplomatic facility in Jerusalem unless such consulate or diplomatic facility is under the supervision of the United States Ambassador to Israel.
• Limitation on the Use of Funds for Publications – None of the funds authorized to be appropriated by this Act may be available for the publication of any official government document which lists countries and their capital cities unless the publication identifies Jerusalem as the capital of Israel.
• Record of Place of Birth as Israel for Passport Purposes – For purposes of the registration of birth, certification of nationality, or issuance of a passport of a United States citizen both in the city of Jerusalem, the Secretary of State shall, upon the request of the citizen, or the citizen’s legal guardian, record the place of birth as Israel.

Way to go Congress.

We are disappointed, however, in President Bush’s remark after signing the bill that he regards these points as a “sense of the Congress” rather than an obligation that must be fulfilled. Nothing here contradicts the (appalling) State Department point of view that Jerusalem is a “final status” issue, but it places the consulate in its proper orbit, subordinate to an Embassy with the Consul subordinate to an Ambassador, and recognizes the choice a sovereign nation – Israel – has made about its capital.