The Western Wall Tunnel - Update

Following the recent developments in Jerusalem, the Israel Foreign Ministry wishes to emphasize the following important points:

1. The restoration of the Western Wall Tunnel was undertaken as part of an ongoing effort by Israel both to reveal major archeological finds in Jerusalem and to improve the tourism infrastructure in the Old City.

2. The tunnel itself, which dates from ancient times, runs the length of the Western Wall, one of Judaism's holiest sites, and allows pedestrians to enter one of the oldest subterranean paths in Jerusalem from the Western Wall plaza and exit onto the Via Dolorosa. It must be emphasized that the tunnel does not run underneath the Temple Mount.

3. The tunnel was re-excavated under the supervision of archaeologists and engineers. No archeological or religious sites were damaged in its construction.

4. The tunnel's restoration does not endanger any buildings or other structures in the Old City.

5. No private property was expropriated, condemned or otherwise confiscated in order to accomplish this project.

6. The restoration of the tunnel does not violate the Interim Agreement between Israel and the Palestinians as archeological restorations in Jerusalem are not covered by the document.

7. The opening of the tunnel will increase the access by tourists to the Via Dolorosa from the Western Wall plaza - thereby benefiting merchants in the Moslem Quarter.

Western Wall Tunnel -
Diagram and Background Information

(Diagram: "Ma'ariv" News Graphics. Artist: Eldad Zakowitz)

Legend: 1. New entrance to tunnel 2. Moslem Quarter 3. Via Dolorosa 4. Lions' Gate 5. Temple Mount 6. Christian Quarter 7. Church of the Holy Sepulchre 8. Path of the tunnel 9. Jewish Quarter 10. Western Wall Plaza 11. Western Wall

The Tunnel; Part of An Aqueduct Uncovered in the Previous Century and Re-Discovered in 1987

(From "Ha'aretz", September 25, 1996, By Nadav Shragai. Following is a translation from Hebrew of the article)

The Hasmonean Tunnel, opened two nights ago at the foot of the perimeter of the Temple Mount, served as an aqueduct in the Hasmonean Period, and was already discovered in the previous century by the explorers Charles Wilson and Konrad Schick. Until nine years ago, and for more than 100 years, no one had entered it; it remained forgotten in the depths of the earth, full of mud and water, under houses in the Moslem Quarter [of the Old City of Jerusalem].

It was only in 1987 that the Ministry for Religious Affairs re-excavated the tunnel and connected it to the Western Wall tunnel, another tunnel about 500 meters long, exposing the Western Wall along its entire length. The work was carried out at the time by archeologist Dan Bahat, and there was great excitement at the renewed discovery.

The length of the Hasmonean Tunnel is about 80 meters, its height seven meters, its width a little less than one meter. It closes in on those walking through as in a narrow canyon. At the time, archeologists said it was equal in importance to the Shiloah (Siloam) Pool. Originally, the tunnel was dug as a water aqueduct, an open channel on a hillside. The portion connected to the Western Wall tunnel is the southern segment of a much longer aqueduct, which emerged from north of the city near the Damascus Gate; there, it apparently drained the flood waters of the Tyrophaon stream, across from the Temple Mount.

At its northern end, it joined up with the southern part of a small pool, cut across its middle by a wall, the Starothyon Pool, under the Monastery of the Sisters of Zion (Soeurs de Sion). The nuns there built the dividing wall to block access to explorers and archeologists in the previous century, for fear that strangers would try to penetrate into the monastery through the part of the pool in its grounds. The Roman Emperor Adrian had also divided the Starothyon Pool, in another direction, lengthwise.

For several years, employees of the Ministry for Religious Affairs and the Corporation for the Development of East Jerusalem engaged in cleaning out the tunnel and the part of the pool which had not been demarcated by the Sisters of Zion.

In the nine years since the link-up between the two tunnels (that of the Western Wall, and the Hasmonean), the Waqf [the Moslem religious authority] succeeded in foiling a number of plans meant to permit movement of tourists and hikers from the Wall Plaza, through the Western Wall Tunnel and the Hasmonean Tunnel, up to ground level, in the markets of the Old City. The Religious Affairs Ministry tried several times to open up an entrance from the end of the Hasmonean Tunnel up to ground level, near the Temple Mount (but not actually within it).

Time after time, the Waqf and the Supreme Moslem Council set off disturbances, and the plans were disrupted, until they were frozen for some years by the decision of the security authorities. Three years ago, it was decided to dig a passage for pedestrians, a short additional tunnel, with steps, for a stretch of about 15 meters, from the Starothyon Pool up to the vicinity of the stairway leading to the Al-Omariya School.

That work was completed a year and a half ago: the directorate of the Wall, the Jerusalem Municipality, the Religious Affairs Ministry and the East Jerusalem Development Corporation waited for a "green light" from the political echelon to carry out the final breakthrough.

Two days ago, at the conclusion of Yom Kippur, approval was granted, and within an hour-and-a-half the entrance was broken open.

The Restoration of the Hasmonean Tunnel
in the Context of Israel's Peace Agreements

It has been asserted that, in completing the restoration of the Hasmonean Tunnel alongside the Western Wall in Jerusalem, Israel has breached provisions of agreements signed in the current peace process. The agreements themselves contain no basis for such charges. In particular, the following points should be noted:

1. The Israeli-Palestinian Declaration of Principles of September 23, 1993, and the Interim Agreement of September 28, 1995, both provide that the issue of Jerusalem is one of a number of permanent-status issues to be negotiated between the sides. The results of these negotiations are to be implemented at the conclusion of the 5-year interim period. The Interim Agreement provides that during this interim period the Palestinian Council will have no jurisdiction over issues to be negotiated in the permanent-status negotiations, including Jerusalem, (Article XVII.1).

2. The Interim Agreement does not provide for any transfer of powers and responsibilities in Jerusalem to the Palestinians. Under Article I, "Israel shall continue to exercise powers and responsibilities not so transferred," i.e., Israel will continue to exercise all powers and responsibilities in Jerusalem. It should be noted that the fact that, under the Interim Agreement, Israel retains all powers and responsibilities with regard to Jerusalem does not prevent the Palestinian side from presenting any positions in the permanent status negotiations. Article XXXI of the Agreement provides that: "Neither Party shall be deemed, by virtue of having entered into this Agreement, to have renounced or waived any of its existing rights, claims or positions."

3. It has been asserted that, in completing the restoration work on the tunnel, Israel has in some way attempted to affect the status of Jerusalem (* - see footnote). The restoration of archeological sites, however, has absolutely no effect on questions of status. This can be seen from the Interim Agreement itself which, on the one hand, provides that the status of the West Bank and the Gaza Strip must not be changed (Article XXXI.7), and on the other, transfers to the Palestinian side powers and responsibilities in the sphere of archeology that permit it to protect, preserve and develop archeological sites throughout these areas (Annex III, Appendix 1). Clearly, if the Agreement does not see any change of status on the development of archeological sites in the West Bank and Gaza Strip by the Palestinian side, there can be none in the development of sites in Jerusalem by Israel.

4. With regard to the assertion that the status quo has been affected, it should be recalled that the tunnel has been open to visitors for some years. The only effect of the recent work has been to create an additional opening, improving access so that visitors can view the tunnel with greater comfort and safety. In this regard, it should be noted that Israel's agreements, both with the Palestinians and with Jordan, stress the importance of providing freedom of access to archeological and historical sites. The transfer of archeological sites to the Palestinians in the Interim Agreement is subject to a specific provision requiring the Palestinians to "ensure free access to archeological sites," while Article 9 of the Israel-Jordan Peace Treaty, dated October 26, 1994, obliges both sides to provide "freedom of access to places of religious and historic significance." There can be no doubt that in improving access to this important site to enable more visitors to appreciate it in safety and comfort, Israel is acting in accordance with the letter and spirit of these agreements.

5. It should also be noted that the Israel-Jordan Peace Treaty contains a provision concerning places of historical and religious significance. Article 9 of this treaty provides that Israel "respects the present special role of the Hashemite Kingdom of Jordan in Muslim holy shrines in Jerusalem" and agrees to "give high priority to the Jordanian historic role in these shrines." In this particular case, in which the tunnel neither traverses nor affects the Temple Mount, the provision is not relevant. In any event, Israel's obligation to take cognizance of Jordanian historic ties in the permanent-status negotiations does not place any restrictions on the exercise of its authority in Jerusalem pending the outcome of the negotiations.

6. Finally, in view of the violent and apparently orchestrated outbursts which have occurred in recent days, it should be recalled that the Interim Agreement, in Article XXII, provides that Israel and the Palestinian Council shall "foster mutual understanding and tolerance, and shall accordingly abstain from incitement, including hostile propaganda, against each other."