Discussion of law applicable in the international area of Jerusalem, citizenship and nationality – UNCCP Cttee on Jerusalem’s 7th mtg – Summary record

UNITED NATIONS CONCILIATION COMMISSION FOR PALESTINE

COMMITTEE ON JERUSALEM

SUMMARY RECORD OF THE SEVENTH MEETING

held in Jerusalem on 8 March at 3 p.m.

 I. Discussion of law applicable in the international area of Jerusalem.

The Committee had before it three informal papers representing the views of the United States, French and Turkish delegations respectively on the question of the law applicable in the international area.

After a discussion of these papers, general agreement was reached on the following points:-

(a) that the basic concepts expressed in the three papers were not mutually exclusive;

(b) that the international area of Jerusalem should from the legal standpoint constitute a corpus separatum, distinct from any other State or States;

(c) that local law should be based on legislative acts of the two proposed administrations, the United Nations Authority being responsible for enacting ordinances to cover specified subjects such as the Holy Places and matters of common concern to both areas;

(d) that in accordance with the provision of the General Assembly’s resolution relating to “maximum local autonomy”, Arabs and Jews might be allowed to have their own judiciaries within their respective zones of the international area;

(e) that private persons might have the privilege of free access to Arab or Jewish courts;

(f) that the judgments of these courts would be valid unless an international judicial tribunal ruled that they were in conflict with the Statute of the international area or with legal acts of the International Authority applicable to the entire international area.

II. Discussion of questions of citizenship arid nationality.

The Committee opened a discussion on the subject of the citizenship and nationality of residents of the international area of Jerusalem. It was pointed out that citizenship and the protection and facilities connected therewith should be offered to duly qualified persons who might otherwise be stateless, and that freedom of choice should be permitted in matters pertaining to nationality.

The Committee decided to ask the Legal Adviser to submit a draft article on the question of citizenship within the international area of Jerusalem.