미국 외교공관 이전 문제가 야기한 예루살렘의 국제법적 지위 문제

초록

The President of the U.S.A., Donald Trump, in December 2017 proclaimed that he would relocate the US diplomatic mission in Tel Aviv to Jerusalem in commemoration of the 70th anniversary of Israel's independence and actually relocated the diplomatic mission to Israel on May 14, 2018. The purpose of this paper is to examine the international legal problems that have arisen through this incident. When Israel was founded after World War II, the international community granted international status to Jerusalem in view of the unique religious and cultural characteristics of Jerusalem, which were confirmed by the UN Security Council and General Assembly resolutions. In short, the UN considers that Jerusalem has been a corpus separatum under special international regime since its adoption of Resolution 181 (II) in 1947. The drastic change in the status of Jerusalem, which was recognized as an international city, dates back to the 1967 Six Day War, when Israel claimed to occupy East Jerusalem and claimed its sovereignty over the area. From this time, whole Jerusalem was under the jurisdiction and control of Israel. Before the 1967 War, East Jerusalem had been under the jurisdiction of Jordan, however, after the War, Jordan lost the control of the area. Instead Israel took control of East Jerusalem since then. There are conflicting views on the international legal status of Jerusalem. The question is whether the United States' relocation of its diplomatic mission to Jerusalem has an impact on Jerusalem's international legal status. Some countries seem to accept that the effect of America's recognition of Jerusalem as the capital of Israel is incurred by relocating its diplomatic mission in Israel to Jerusalem. Although most diplomatic missions are established in the capital of the receiving State, but it is difficult to accept their position, given that this is not necessarily the case. In other words, the relocation of diplomatic missions to Jerusalem by the United States does not appear to affect the international legal status of Jerusalem.

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