With the opening of the winter Knesset session, a swift amendment to the Basic Law: Jerusalem, Capital of Israel, was enacted. It stipulates a prohibition on opening embassies or consulates in Jerusalem (both East and West) that are not affiliated with the State of Israel. This law is intended to block foreign consulates from being opened for the Palestinian Authority. Although the Biden administration expressed its intention to establish such a consulate in 2021, it refrained from doing so out of concern for potential political backlash within Israel. This law also addresses the recent pro-Palestinian diplomatic momentum, during which several countries have unilaterally recognized Palestinian independence, even though the Palestinian Authority does not yet meet the minimum standards for recognition as a fully functioning state and despite Israel’s opposition to “rewarding” the Palestinians amid ongoing conflict.
The initiators of this law are Knesset members Dan Illouz (Likud) and Ze’ev Elkin (New Hope), the latter being a former Jerusalem mayoral candidate and now a new coalition member. “To prevent Israel from again facing diplomatic pressure to open consulates, I pushed for legislation to block such actions,” said MK Elkin. “Anyone wishing to establish a foreign representation in Jerusalem must act in accordance with this law, and such representation will be required to serve Israeli residents.”
While the law was expected to face international criticism and pressure against Israel, the timing proved advantageous—global attention is currently diverted by the Lebanon conflict and the upcoming U.S. elections. Even those closely following Israeli politics have focused largely on the new “UNRWA laws” that were passed at the start of this session, under which this current law was also enacted. It is important to note that the new law does not apply retroactively; existing consulates in East Jerusalem, such as the British Consulate, can continue to operate for the time being.
