PART III City of Jerusalem
UNITED NATIONS Security Council
S/863 28 June 1948
TEXT OF SUGGESTIONS PRESENTED BY THE UNITED NATIONS MEDIATOR
ON PALESTINE TO THE TWO PARTIES ON 28 JUNE 1948
The following text was sent by the Mediator to be held by the Secretary-General for transmission to the President of the Security Council at a time to be notified later. The Secretary-General
subsequently was requested to release the text at 2.00 p.m., E.D.T., 4 July 1948.
“I have the honour to present for the information of the Security Council the following three papers presented to the Arab and Jewish authorities on 28 June 1948, for their consideration in pursuance of my effort to find a common basis for discussion with the two parties looking towards a peaceful adjustment of the future situation of Palestine.
Part I. Introductory Statement
1. The resolution of the General Assembly of 14 May 1948, provides inter alia that the United Nations Mediator is to use his good offices to
“promote a peaceful adjustment of the future situation of Palestine”.
2. It follows that my prime objective as Mediator is to determine on the basis of the fullest exploration, whether there is any possibility of reconciling, by peaceful means, the divergent and conflicting views and positions of the two sides.
3. The co-operative attitude manifested thus far by both sides has made possible the truce which began on 11 June. This truce has brought a calmer atmosphere, more favourable to the task of
mediation entrusted to me by the General Assembly. In this improved atmosphere I have talked with the representatives of both sides and have obtained a very clear impression of their positions on the question of the future of Palestine. I have also profited from the information afforded by the technical consultants whom each side has designated in response to my request.
4. The basic issues arising from the opposing parties relate to
partition, the establishment of a Jewish State, and Jewish immigration.
5. I have thoroughly studied, weighed and appraised the positions taken by the two parties. I interpret my role as Mediator not as one involving the handing down of decisions on the future of Palestine, but as one of offering suggestions on the basis of which further discussions might take place and possibly counter suggestions be put forth looking toward a peaceful settlement of this difficult problem.
Suggestions at this stage, then, must clearly be of such nature as to provide a reasonable framework of reference within which the two parties may find it possible to continue their consultations with me towards the end of a peaceful adjustment.
6. My analysis has taken into account the equities involved, and the aspirations, fears, motivations of the parties. It has also taken account of the realities of the existing situation. It has convinced me that on grounds of equity as well as on practical grounds it is impossible for me as Mediator to call upon either party to surrender completely its position. In the light of this analysis I see a possibility of an
parties to explore all avenues for a peaceful adjustment and their readiness not to resume armed conflict as a means of settling their differences.
7. Despite the present conflict, there is a common denominator in Palestine which, happily, is acceptable to and affirmed by both sides.
This is the recognition of the necessity for peaceful relations between Arabs and Jews in Palestine and of the principle of economic unity.
8. It is with this common denominator especially in mind that I put forth the accompanying suggestions in outline as a basis for
discussion. These suggestions, I must emphasize, are submitted with no intimation of preciseness or finality. They are designed solely to explore the possible bases for further discussions and mediation, and to elicit from the parties their reactions and further views. Moreover, any plans which might result from these suggestions could be workable only if voluntarily accepted and applied. There can be no question of their imposition.
9. I should make perfectly clear my intentions as regards future procedure. If it develops that the suggestions herewith presented, or suggestions subsequently presented, which may arise from the reactions to those now put forth, provide a basis for discussion, I will carry on with the discussions as long as may prove necessary and fruitful. If, however, these or subsequent suggestions, if any should emerge, are rejected as a basis for discussion, which I earnestly hope will not occur, I shall promptly report the circumstances fully to the Security Council and shall feel free to submit such conclusions to the Security Council as I may consider appropriate.
(signed) Count Folke Bernadotte United Nations Mediator on Palestine, Rhodes, Greece, 27 June 1948.
Part II. Suggestions presented by the Mediator on Palestine
The Mediator advanced the following suggestions as a possible basis for discussion:
1. That, subject to the willingness of the directly interested parties to consider such an arrangement, Palestine, as defined in the original Mandate entrusted to the United Kingdom in 1922, that is including Transjordan, might form a Union comprising two members, one Arab and one Jewish.
2. That the boundaries of the two members be determined in the first instance by negotiation with the assistance of the Mediator and on the basis of suggestions to be made by him. When agreement is reached on the main outlines of the boundaries they will be definitively fixed by a Boundaries Commission.
3. That the purposes and function of the Union should be to promote common economic interests, to operate and maintain common services, including customs and excise, to undertake development projects and to co-ordinate foreign policy and measures for common defence.
4. That the functions and authority of the Union might be exercised through a central council and such other organs as the members of the Union may determine.
5. That, subject to the provision of the Instrument of Union, each member of the Union may exercise full control over its own affairs including its foreign relations.
6. Immigration within its own borders should be within the
policy of the other member and to render a ruling thereon in terms of the common interests of the Union. In the event of the inability of the Council to reach a decision on the matter, the issue could be referred by either member to the Economic and Social Council of the United Nations whose decision, taking into account the principle of economic absorptive capacity, would be binding on the member whose policy is at issue.
7. That religious and minority rights be fully protected by each member of the Union and guaranteed by the United Nations.
8. That Holy Places, religious buildings and sites be preserved and that existing rights in respect of the same be fully guaranteed by each member of the Union.
9. That recognition be accorded to the right of residents of Palestine who, because of conditions created by the conflict there have left their normal places of abode, to return to their homes without restriction and to regain possession of their property.
(signed) Count Folke Bernadotte United Nations Mediator on Palestine Rhodes, Greece, 27 June 1948.
Part III. Annex to the Suggestions: Territorial Matters
With regard to paragraph 2 of the suggestions it is considered that certain territorial arrangements might be worthy of consideration.
These might be along the following lines:
1. Inclusion of the whole or part of the Negev in Arab territory.
2. Inclusion of the whole or part of Western Galilee in Jewish territory.
3. Inclusion of the City of Jerusalem in Arab territory, with municipal autonomy for the Jewish community and special arrangements for the protection of the Holy Places.
4. Consideration of the status of Jaffa.
5. Establishment of a free port at Haifa, the area of the free port to include the refineries and terminals.
6. Establishment of a free airport at Lydda.
(signed) Count Folke Bernadotte United Nations Mediator on Palestine, Rhodes, Greece, 27 June 1948
Source of document
http://unispal.un.org/UNISPAL.NSF/0/EA66369DAF3BE7E8802564 9E004395C8
Agreement for the demilitarisation of Mount Scopus area, 7 July 1948
To preserve the Hebrew University campus, the National Jewish Library and the Hadassah Hospital, Israel agreed to the
demilitarisation of Mount Scopus. Under the agreement, Israeli policemen supervised the major part of Mount Scopus, and until 1967 it remained an Israeli enclave surrounded by Jordanian-held
territory.
7 July 1948 Agreement for the Demilitarisation of Mount Scopus Area
It is hereby jointly agreed that
1. The area as delineated on the attached map will be assigned to United Nations protection until hostilities cease or a new agreement is entered upon. It shall include the areas designated as Hadassah Hospital, Hebrew University, Augusta Victoria and the Arab village of Issawiya. The United Nations agrees to become a signatory to this document by representation through the Senior Observer in the Jerusalem area and the Chairman of the Truce Commission. It therefore accepts responsibility for the security of this area as described herewith.
2. There shall be a no-man's-land location extending for
approximately 200 yards along the main road between the Augusta Victoria and Hebrew University buildings, with suitable check-posts established at each end. Other check-posts will be established on the perimeter of the zone under protection, and all parties agree that access desired should be sought along the main road via the United Nations check-posts as established by the United Nations
Commander. All other attempts at entry will be considered as
3. In their respective areas armed Arab and Jewish civilian police will be placed on duty under the United Nations Commander. The United Nations flag will fly on the main buildings. All military personnel of both sides will be withdrawn this day, together with their equipment and such other supplies as are not required by the United Nations Commander.
4. The United Nations will arrange that both parties receive adequate supplies of food and water. Replacements of necessary personnel in residence on Mount Scopus will be scheduled by the United Nations Commander. Visits of properly accredited individuals will also be arranged by the United Nations Commander in consultation with each party in respect of its area. The United Nations undertakes to limit the population on Mount Scopus to those individuals needed for its operation, plus the present population of the village of Issawiya. No additions will be made to the village population except by agreement of both parties. The initial personnel roster of civilian police in the Jewish section shall not exceed a total of 85. The civilian personnel attached thereto shall not exceed a total of 33. The Arab civilian police population at Augusta Victoria shall not exceed a total of 40.
5. It is hereby agreed by both parties that the area is not to be used as a base for military operations, nor will it be attacked or unlawfully entered upon.
6. In the event that the Arab Legion withdraws from the area, the United Nations Commander is to be given sufficient advanced notice in writing in order that satisfactory arrangements may be made to substitute for this protocol another agreement.
(Signed)
Shaltiel
Jewish Military Commander, for Provisional Government, State of Israel
Jean Nieuwenhuys
Chairman, Truce Commission, United Nations Nils Brunsson
Senior Observer, Mediator's Jerusalem Group, United Nations
Source of document
http://mfa.gov.il/MFA/ForeignPolicy/MFADocuments/Yearbook1/Pag es/14%20Agreement%20for%20the%20demilitarisation%20of
%20Mount%20Sco.aspx
Jerusalem Declared Israel-Occupied City, Government Proclamation, Official Gazette, No. 12, 2 August 1948 From March until June 1948, Jerusalem was besieged by Arab irregulars and the Jordanian Arab Legion from the north, west and east; Egyptian troops attempted to break through from the southern approaches. The Old City fell on 28 May. In June, at the cost of many casualties, Israel finally succeeded in re-establishing a link with the city and lifted the siege. On 26 July, the United Nations Mediator, Count Folke Bernadotte, visited Jerusalem and conferred there with Foreign Minister Sharett. He suggested the demilitarisation of Jerusalem. On 2 August, the Government of Israel rejected the suggestion and decided to declare the Jerusalem area under its control as Israel-occupied territory. Dr. Dov Joseph was appointed Military Governor. Text of the Government proclamation:
Israel Defence Forces Administration in Jerusalem Proclamation No.
1
Whereas the area of Jerusalem, including most of the city, part of its environment and western approaches, is held by the Defence Army of Israel which is under my authority; and whereas the Defence Army of Israel is duty bound to maintain in the administered area public safety and security and to preserve law and order;
Therefore I, David Ben-Gurion, Minister of Defence, hereby proclaim on behalf of the General Staff of the Israel Defence Forces to wit:
1. The term "administered area" means the area including most of the city of Jerusalem, part of its environs and western approaches and the roads linking Jerusalem with the coastal plain, all within the area marked by a red line in the map of the Land of Israel signed by me bearing today's date, 26 Tamuz 5708 (2 August 1948) or in any other map which will replace it and will be signed by me and similarly marked.
2. The law of the State of Israel prevails in the administered area.
3. The inhabitants of the administered area are hereby called upon to maintain the public peace and its economic system, and to assist the Defence Army of Israel as required. Whoever violates any of my directives will be tried before a military tribunal which will be
established with my knowledge or before a civil court, as the case may require.
4. This proclamation will be made public in channels which I will deem most effective.
5. This proclamation will be valid for all intents and purposes from midnight, 6 Iyar 5708 (15 May 1948); however, regarding the territory whose parts have come under the administration of the Defence Army of Israel after that date, this proclamation will be valid only from that time.
David Ben-Gurion Minister of Defence
Source of document
http://web.archive.org/web/20051027170144/http://www.mfa.gov.il/
MFA/Foreign+Relations/Israels+Foreign+Relations+since+1947/1947
Source: General Assembly 16 September 1948 UNITED NATIONS
PROGRESS REPORT