Access to Temple Vis-A-Vis the Oslo Accords and Whether Restrictions on Any Access or Right to Pray At Temple Mount Is Legal Under International Law



I. Historical4

A. History of Temple Mount4

1. Ownership and control of Temple Mount4

2. Access to Temple Mount6

3. Israeli seizure7

4. Sharon's 2000 visit7

B. Significance of Temple Mount9

1. With respect to Judaism9

2. With respect to Islam10

3. With respect to Christianity10

II. Contemporary10

A. Physical presence10

B. Access to prayer11

C. Enforcement12

III. International law14

A. Relevant international bodies14

1. Court decisions organized by judicial body14

2. International Treaties15

IV. Israeli law15

A. Legislation15

B. Supreme Court decisions16

C. Political considerations18

D. Temple Mount Before and After Oslo Accords19

V. US law21

A. Legislation21

B. Supreme Court decisions24

C. Political considerations25

VI. Conclusion25

A. Prediction for future25

B. Personal opinion27

End Notes31

Access to Temple Vis-A-Vis the Oslo Accords and Whether Restrictions on Any Access or Right to Pray At Temple Mount Is Legal Under International Law

I. Historical

A. History of Temple Mount

1. Ownership and control of Temple Mount

Temple Mount protection was assured early by th Muslims but alter, for a short time, the Crusaders taken the ownership of the city of Jerusalem [1]. Indeed, the Crusaders fought against Muslims in 1099 to take over the Dome of the Rock, and transformed it into a church called Templum Domini[2].

Before the Muslims invaded Jerusalem in S. VII, Christians had erected a temple in the south of the Temple Mount, where they believed the angel Gabriel announced the birth of the Son of God, the same angel as interpreted then, had given notice of his conception of Mary[3]. This church was built by Emperor Justinian in 530, and was called "Church of Our Lady." When the Muslims took Jerusalem, transformed into a mosque now known as Al-Aqsa ("the farthest" or "the end" Travel Muhammad), and followed with the legend of the angel Gabriel about that place, but now transformed into another legend. The archangel Gabriel would come with a winged horse ( Buraq ) to bring Muhammad to heaven and bring it back[4].

When four centuries after the Crusaders conquered Jerusalem, called the mosque TEMPLUS Salomonis , referring to the Royal Palace of Solomon. So used as the seat of the kings of Jerusalem, and later as the home of the Knights Templar. Far from abiding by these ancient sacred sites, the Crusaders mutilated rock -Sakhra is because "disfigured the temple of the Lord." In order to make it more esthetics aImproved in the eyes of Westerners, cut parts of the rock whose pieces are sold as sacred then returning to Europe, the same price it cost then the same weight in gold. They then covered the rock with a marble slab. They also opened a quarry on the western side of the rock with a wide staircase easier to reach the altar they built the church they called Templum Domini[5] .

Crusaders also dug a hole in the ground that Sakhra a cave under it, which they called "Well of Souls", marked the place where they would have announced the birth of John the Baptist. That place would have been visited by an ...