With his December 6 statement, President Donald Trump has fulfilled his pre-election promise, repeated since his election in November 2016 and also consistent with the Republican Party’s platform, that he will move the US embassy to Jerusalem and recognize the city as Israel’s capital.
In doing so, he has ended a 22-year epoch in which the 1995 Jerusalem Embassy Law, passed with overwhelming majorities in the Senate (93–5) and House (374–37), had been essentially a dead letter.
Due to the presidential national security waiver contained in the 1995 Law, successive presidents continually deferred implementing the law for 6-monthly periods.
Now, as a result of President Trump’s shift, standard diplomatic practice of locating embassies in the designated capital of countries will be applied by the US to Israel.
The consecutive presidential waivers deferring action on the Law was always wrong, a misuse of a presidential discretion contained in the Law. Accordingly, what was designed, according to then-Senate Majority Leader Bob Dole, to be utilized solely in genuine and exceptional cases of threats to national security was instead, without explanation or justification, perpetually invoked for unspecified national security interests and supposedly in the case of peace, every six months.
Yet, as President Trump noted in his statement, the 22-year use of the waiver brought the parties no closer to peace.
Moreover, the Palestinian Authority (PA) continues to violate its Oslo Accords obligations to arrest and jail terrorists, disband terrorist organizations and end the incitement to hatred and murder that suffuse the PA-controlled media, mosques, schools and youth camps. It refuses Trump Administration demands to end paying salaries to jailed terrorists and stipends to their families.