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New Law: Prohibition of foreign consulates in Jerusalem

Photo shows Jerusalem Day celebrations at the Western Wall 2024. This is not on the Temple Mount. Photo Credit: The Western Wall Heritage Foundation

With the opening of the Knesset winter session, an amendment to the ‘Basic Law: Jerusalem is the capital of Israel’ was quickly passed, proclaiming it forbidden to open an embassy or consulate in East and West Jerusalem that is not affiliated with the State of Israel. The law was intended to prevent the opening of foreign consulates for the Palestinian Authority, when the Biden administration stated that it intended to do so in 2021 (although it has been prevented from doing so until now due to fears of political reaction in Israel), and in the shadow of the recent growing pro-Palestinian diplomatic wave, in which several countries unilaterally recognized Palestinian independence. This is despite the fact that the Palestinian Authority does not actually meet the minimum requirements for recognition as a complete and functioning state, and despite the Israeli reluctance to give the Palestinians a “prize” in the shadow of the war.

The initiators of the law are Knesset members Dan Iluz (Likud) and Zeev Elkin (New Hope), formerly a candidate for mayor of Jerusalem and now a new member of the coalition. “In order for the State of Israel not to find itself again under political pressure to open consulates, I have acted to pass legislation that would not allow the move,” Elkin said. “Anyone who wants to establish a foreign representative in Jerusalem will have to act in accordance with this law and the representative will be obliged to provide service to the residents of the State of Israel.”

The law was expected to encounter international criticism and even pressure against Israel, but the timing of its passage was successful when the world is distracted by the war in Lebanon and the upcoming US elections. Even those who paid attention to Israeli politics, turned most of their attention to the UNRWA laws that also passed when the session opened, and in its shadow joined the current law. It is important to note that the current law does not apply retroactively – so consulates already in the eastern part of the city, such as the British one, can continue to exist, for now.

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