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The Special Role of the Hashemite Kingdom of Jordan in the Muslim Holy Shrines in Jerusalem

In: Arab Law Quarterly
Author: Victor Kattan1
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  • 1 Senior Research Fellow, Middle East Institute, National University of Singapore, Associate Fellow, Faculty of Law, National University of Singapore, Singapore
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Abstract

This article explores the meaning of the Jerusalem clause in Article 9(2) of the Israel–Jordan Peace Treaty. It begins by considering the drafting of the clause, before analysing subsequent agreements between Israel, Palestine, and Jordan. The article then turns to history to explore the origins of Jordan’s special role, which amounted to a particular rule of customary international law, from 1967, when Israel recognised that special role after it occupied East Jerusalem, until 1994, when it was codified in the Peace Treaty. The article concludes by explaining that Jordan’s special role is comprised of its custodianship of the Muslim holy shrines in Jerusalem, with its attendant duties of maintaining, protecting, and regulating access to the shrines and that Israel is obligated to give due regard to Jordan’s primary role in the exercise of these duties within the spaces of these shrines.

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