https://www.americanthinker.com/blog/2021/11/biden_straining_relations_with_israel_over_plans_for_east_jerusalem_consulate_.html
President Biden’s announced intention to reopen a U.S. consulate in East Jerusalem for outreach to Palestinians looms as a significant point of contention between the administration and Israel. A look at the Vienna Convention on Consular Relations, 1963, is a logical starting point to analyze the problem. The Convention provides in Article 2.1.:
“The establishment of consular relations between States takes place by mutual consent.”
Article 4.1 provides:
“A consular post may be established in the territory of the receiving State only with that State’s consent.”
What, then, is the problem? President Trump recognized Jerusalem as the capital of Israel and relocated the U.S. Embassy from Tel Aviv to Jerusalem, later closing the consulate in East Jerusalem, merging it into the Embassy.
It would seem clear, then, that as the U.S. recognizes undivided Jerusalem as part of the territory of Israel, a consulate in Jerusalem may be opened (or re-opened) only with the consent of Israel as the receiving State.
But thus far, Biden intends to proceed with reopening the Jerusalem consulate for outreach to the Palestinians. Will he proceed over Israel’s objections? If he does so, it seems to this observer that he could only justify such a move by declaring that the United States does not consider East Jerusalem (the apparent venue of a reopened Jerusalem consulate) Israeli territory. And that would be a HUGE thorn in the side of the relationship between Biden administration and the Bennett government in Israel.
On the other hand, Prime Minister Naftali Bennett could back down from opposition to a reopened U.S. consulate in Jerusalem, and give the Consular Convention’s Article 4.1 consent to the Biden move, consent that, from the Israel point of view, would still be consistent with Israel’s claim of sovereignty over an undivided Jerusalem. Biden, of course, could go along with this face-saving approach to the issue, on Israel’s behalf.
If Biden, or Secretary of State Antony Blinken, were to declare that Israel’s consent was not required, relations between the allies would suddenly become so frigid as to cause unsettling reverberations in the Middle East. Why? Because Biden establishing a consulate in East Jerusalem without Israel’s consent would be signaling that American no longer accepts Israel’s sovereignty over an undivided Jerusalem.
International law, however, is not the only factor in consideration of the question of reopening a U.S. consulate in East Jerusalem. There is the matter of U.S. law to consider, specifically, the Jerusalem Embassy Act of 1995 (Public Law 104-95) cited in the November 1, 2021 letter to the president signed by 200 House Republican members. (Twelve GOP members did not sign, but the signers included such disparate Republicans as Reps. Cheney and Kinzinger, on the one hand, and Reps. Taylor Greene and Gosar, on the other.)