President Trump needs a win. Fortunately, one is within reach.
In 1995, Congress passed the Jerusalem Embassy Act, a law that mandated moving America’s embassy in Israel from Tel Aviv to a “unified” Jerusalem by May 31, 1999. But that move never happened, and, as Ambassador John Bolton pointed out in his recent congressional testimony on the subject, the U.S. embassy to Israel remains the only American embassy not located in the host country’s capital.
How has the Jerusalem Embassy Act not yet been fully executed? One of the law’s provisions grants the president the authority to bypass its penalty for not moving the embassy by issuing a waiver, renewable every six months, which invokes “the national security interests of the United States.” The latest waiver was issued on June 1 of this year.
Every president since 1999, from Clinton to Bush to Obama to Trump, has kept up the unending string of waivers, declining to move the embassy to Jerusalem. Some of them have promised, as candidates, to make the move, but none have followed through. The next waiver is set to expire on December 1. On that day, Trump can break the streak.
Security concerns do not merit a waiver of this provision of the Jerusalem Embassy Act. It is true, as events across the Arab world in 2012 showed, that U.S. embassies and consulates are targets for attacks by violent extremists. That has been the case since at least 1998, when al-Qaeda terrorists blew up American embassies in Dar es Salaam, Tanzania, and Nairobi, Kenya.The response of the United States to those attacks, however, was not to withdraw from Nairobi or Dar es Salaam. As Northwestern University Pritzker School of Law professor Eugene Kontorovich argued in his own congressional testimony, after these very attacks “the Executive undertook to hunt down and punish the perpetrators, while Congress appropriated extraordinary amounts for improved security at diplomatic facilities around the world.”
Recent events do not suggest that beginning to grant Jerusalem equal status with other world capitals would significantly endanger American security. Last April, Vladimir Putin’s Russia became the only country on Earth to actually recognize West Jerusalem as the capital of the Jewish state. The silence across a Middle East split on religious lines, riven by proxy wars, and aflame with extremism was deafening.
America’s policy of maintaining its embassy in Tel Aviv was born not of security concerns, but of legal deference to the U.N. General Assembly’s Resolution 181, a 1947 proposal that would have made Jerusalem into an international city governed by a “Special International Regime,” while partitioning the rest of Mandatory Palestine into Arab and Jewish sections.