The West has for decades displayed a diplomatic double standard when it comes to its consulates: refusing to recognize Jerusalem as Israel’s capital, but holding diplomatic missions to the Palestinian Authority in the very same city.
Much has been made in recent months of President Donald Trump’s pledge to move the U.S. embassy in Israel from Tel Aviv to Jerusalem and its possible repercussions. The public conversation has generally concentrated on the potential diplomatic and political fallout, especially the possibility of a new outbreak of Palestinian violence. Lost in all the controversy, however, is the fact that the U.S. is one of nine countries that already has a de factoembassy in Jerusalem. But these are all embassies to the Palestinians, not Israel.
The U.S. embassy in Israel is located in Tel Aviv, but much less well known is that the U.S. consulate-general sits in Jerusalem, just around the corner from the Prime Minister’s residence—and it handles diplomatic relations with the Palestinian Authority. It is one of nine consulates-general in Jerusalem, all of which serve the same purpose. Five of them—the UK, Turkey, Belgium, Spain and Sweden—are in eastern Jerusalem. The consulates-general of the US, France, Italy, and Greece are in western Jerusalem. The European Union also has a representative office in eastern Jerusalem, and the Holy See has an Apostolic Nunciature there, alongside the Palestinian offices of several international agencies.
None of the countries that have consulates in Jerusalem recognize Israeli sovereignty over the city. Consequently, their official embassies remain in Tel Aviv. Their consulates in Jerusalem are, almost uniquely, accredited to no state. And none of the consuls seek an exequatur, the diplomatic authorization required by international law. Nevertheless, the Israeli Foreign Ministry treats them for all intents and purposes as if they were normal consulates accredited to the State of Israel. Their jurisdiction covers the whole of Jerusalem, as apart from Israel, as well as the West Bank and Gaza Strip.
Why do nine countries refuse to operate embassies in Jerusalem on the grounds that they do not recognize Israeli sovereignty there, while maintaining diplomatic missions to the Palestinians in the very same city? None of the relevant foreign ministries was willing to publicly justify the situation. Indeed, the story of this diplomatic anomaly is one of a situation that no country designed or consciously desired, but that no one today has the will to change.
The consulates-general in Jerusalem predate the State of Israel itself: the U.S. Consulate-General has been on Agron Road since 1912 and the French Consulate-General nearby opened its doors in 1929. Many of these consulates trace their roots as far back as the Ottoman period, and under the British Mandate, Jerusalem hosted many other consulates that were subsequently abandoned.
When the UN General Assembly recommended the partition of Mandatory Palestine into two states in Resolution 181 in November 1947, it also recommended that Jerusalem become a corpus separatum: a territory administered by the UN’s Trusteeship Council itself, belonging to neither side. This resolution, of course, was never implemented: the Arab states waged war to defeat it, and consequently Jerusalem was divided between Israel in the west and Transjordan in the east.
The UN refused to let the idea of the corpus separatum die, despite accepting that its earlier border proposals were now defunct. In Resolution 194 of December 1948, the General Assembly resolved that Jerusalem “should be accorded special and separate treatment…and should be placed under effective United Nations control.” Consequently, foreign states began establishing their embassies to Israel in Tel Aviv.