Foreclosure of Armenian Patriarchate Properties Threatens Christians in the Holy Land

Despite this ongoing effort, the Jerusalem municipality has now moved ahead with its tax demands, focusing on the Armenian Patriarchate of Jerusalem.

The churches say the collection effort undermines the so-called “Status Quo,” a longstanding arrangement that governs the management and rights of religious institutions in Jerusalem and aims to ensure that Christian religious institutions can continue their work without political or legal pressures.

Established during the Ottoman Empire. It was formalized in the Treaty of Berlin in 1878, which recognized the Status Quo as an internationally accepted framework for managing religious rights in Jerusalem. Article 62 of the treaty states that “no alteration can be made to the status quo in the holy places.”

The Status Quo has been respected by various governing authorities over the years, including the Ottomans, the British, the Jordanians and the Israelis. The long-standing practice of exempting church properties from municipal property taxes has been an integral part of the Status Quo, and this exemption has been honored by all these authorities.

This arrangement was also enshrined in the 1947 United Nations Partition Plan, which called for the protection of religious rights in Jerusalem.

Israel’s annexation of East Jerusalem, which occurred after the 1967 Six-Day War, has been a source of controversy in international law. United Nations Security Council Resolution 242 considers East Jerusalem to be an occupied territory, and Article 43 of the Hague Convention obligates an occupying power to respect the laws in force in the occupied territory.

This includes the obligation to maintain the Status Quo on religious matters, including taxation of church properties. By ignoring the Status Quo, Israel risks violating its international obligations under the laws of occupation.

The municipality’s move is not just a legal or financial issue but a matter of great concern for the future of the Christian presence in Jerusalem. If the Armenian Patriarchate’s properties are seized or auctioned off to pay these taxes, it could signal the beginning of a larger pattern of erosion of the rights of Christian communities in Jerusalem.

Neither is it merely a local issue; it has implications for Christians around the world, particularly those who hold the city of Jerusalem in deep religious reverence. The international community must take note of these developments, as the outcome of this dispute will shape the future of Jerusalem’s status as a city of shared religious heritage for Christians, Jews, and Muslims alike.

The latest actions by the municipality should serve as a wake-up call, as they threaten to undermine the delicate balance that has allowed the Christian communities to thrive in Jerusalem for centuries.

(Born and raised in the Old City of Jerusalem, Bedross Der Matossian is a Professor of Modern Middle East History and the Hymen Rosenberg Professor in Judaic Studies at the University of Nebraska, Lincoln. He is the author, editor, and co-editor of seven books. He is the co-editor of Routledge Handbook on Jerusalem, published in 2018. This commentary originally appeared in the Jerusalem Post on February 25.)