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U N I T E D N A T I O N S		Distr. RESTRICTED A/AC.25/Com.Jer/W.14 8 April 1949

"That the Holy Places - including Nazareth - religious buildings and sites in Palestine should be protected and free access to them assured, in accordance with existing rights and historical practice; that arrangements to this end should be under effective United Nations supervision; that the United Nations Conciliation Commission, in presenting to the fourth regular session of the General Assembly its detailed proposal for a permanent international regime for the territory of Jerusalem, should include recommendations concerning the Holy Places in that territory; that with regard to the Holy Places in the rest of Palestine the Commission should call upon the political authorities of the areas concerned to give appropriate formal guarantees as to the protection of the Holy Places and access to them; and that these undertakings should be presented to the General Assembly for approval."

"All the chief shrines sacred to Christendom are here; Islam sends pilgrims to mosques in Palestine which rank next only to the Kaaba at Mecca and the Tomb at Medina; there are spots round which are entwined the strongest affections of Judaism. The access to these places, their ownership and care, have given rise to controversies through the centuries. Local disputes have often caused disturbances, the support, given by Great Powers, to one party or another has been a factor in diplomacy, and sometimes a contributory cause of enmity and of war."

This site is a short distance to the west of Ain Karim; it includes the Grotto where St. John traditionally lived his hermit's life, and the small Franciscan Chapel of St. John the Baptist In the Desert.

The whole site is a Holy Place under the jurisdiction of the Custody of the Holy Land.

The village of Bethany as a whole is sacred in Christian tradition as the home of Martha, Mary and Lazarus. From the neighbourhood of Bethany and the adjacent village of Bethphage Jesus set out upon His triumphal entry into Jerusalem on the first Palm Sunday. The following shrines are especially venerated:

The Basilica of the Nativity in Bethlehem is built over the Grotto where Jesus was born. It is held to be probably the oldest Christian place of worship still in constant use. It was originally built by the Emperor Constantine in A.D. 330 and was restored and enlarged in the 6th Century. The basilica was again restored and enlarged in the 6th Century by the Byzantine Emperor Manuel Commenus; the mosaics date from this period.

The Status Quo applies to the Basilica. The details of its application are too complicated to be described in this paper; reference should be made to the annexe to L.G.A. Cust's Memorandum on the Status Quo in the Holy Places: "The Status Quo in the Church of the Nativity, Bethlehem, by Adbullah Effendi Kardus."

Briefly speaking, the Orthodox Church claims exclusive ownership of the Church as a whole, but parts of the Church belong to the Latin and Armenian Churches, and the right to hold religious services, under certain conditions, is shared by Latins, Armenians, Copts and Syrian Jacobites.

At the Christmas festivals the three Patriarchs enter the Church in solemn procession. Under the Mandate they were accompanied from Jerusalem by an escort of mounted police.

The Parvis. The Orthodox claim sole ownership, but no work can be carried out except with consent of the other communities. The Armenian Patriarchate in its Memorandum to UNSCOP claimed equal ownership of the Parvis with the Orthodox.

The Entrance Doorway. The key is kept by the Orthodox.

The Narthex (space between the Nave and the entrance door) is Orthodox property and cleaned daily by them, with the exception of the strips leading to the Armenian Convent, which are Armenian property. One lamp belongs to the Greeks and the other to the Armenians.

The Nave. The cleaning of the Nave is undertaken exclusively by the Orthodox, to whom all ikons, lanterns and lamps belong. The Orthodox also hold the key to the "common door" of the Nave. The Armenians enjoy right of passage through the Nave to their Church on certain feast days and special occasions. The Latins have the right of passage from the entrance to their Convent door between the first and second pillars of the Convent doors; any attempted departure from this practice is immediately contested by the other communities. Urgent repairs to the roof of the Nave had to be carried out by the Government of Palestine in 1926 because the Latins and Armenians strongly contested the Orthodox claim to the exclusive right to undertake this work.

The Katholikon is exclusively used by the Orthodox. Cleaning may not take place when the Armenians are using their Church.

The Church of St. Nicholas in the south transept is exclusively Orthodox property.

The Armenian Church of the Nativity in the north transept is under the exclusive jurisdiction of the Armenian Church. The Latins have the right of passage from the doer in the north-west corner of the Armenian Church to the door of the Grotto. The Syrian Jacobites and Copts have the right to hold services in the Armenian Church on certain occasions and the Syrian Jacobites claim that the altar on which they officiate is their property. The arrangements for cleaning the Armenian Church are very complicated; in certain parts under dispute a cleaning was formerly undertaken by the Government of Palestine.

The Grotto of the Nativity consists of two parts: the Altar of the Nativity, shared by the Armenians and Orthodox, the Copts and Syrian Jacobites enjoying the right to officiate; and the Altar of the Manger, exclusively under Latin jurisdiction. There is a highly complicated system of rights of ownership of hangings, curtains, pictures and lamps, which is rigidly adhered to. To take only one example, the silver star of the Nativity has been the subject of so many disputes that both Ottoman and British administrations stationed a guard in the Grotto to watch over it. The Star is dusted daily by the Orthodox and is washed by the Orthodox and Armenians, twice a week by each; the Altar above it is cleaned by the Orthodox only.

In 1924 a member of the Polish consular staff was married in the Grotto. The Orthodox claimed a breach of the Status Quo, but the right of all three communities to hold services in the Grotto was upheld.

The Latin Church further claims exclusive jurisdiction over the following altars and shrines:

The Grotto lies a short distance to the south-east of the Basilica of the Nativity. According to local tradition, the Virgin Mary stayed in the Grotto before the Flight into Egypt, and a few drops of her milk dropped on the ground. The spot is highly venerated by Christians and Moslems in the neighbourhood, and the white stones of the Grotto in powdered form, are held to increase the flow of mothers milk.

The shrine is preserved and maintained by the Latin Church, and, together with the adjacent chapel of St. Joseph, is considered by the Latins as coming under their exclusive jurisdiction.

The Milk Grotto is in general subject to the Status Quo, but in this connection there is nothing to record concerning the site.

This 5th Century Monastery, adjacent to the Basilica of the Nativity, is regarded by the Armenian Church as a Holy Place in its exclusive custody.

The Greek Orthodox Church regards this Monastery as a Holy Place under its guardianship.

An olive tree, held to be sacred, is said to mark the spot where the angel appeared to the shepherds.

The Status Quo applies in general to the Shepherds' Field, but in this connection there is nothing on record concerning the site. The Latin Church claims exclusive jurisdiction over a part of the Field.

The Field has been venerated since the 4th Century. At the time of the Crusades a field about 2 km from Bethlehem known traditionally as the spot where Ruth met Boaz, was identified with the Shepherds' Field.

The Greek Orthodox Rite regards the Church of the Shepherds at Bet Sabur as a Holy Place under its guardianship.

The first Basilica of the Holy Sepulchre was built on the site of the Crucifixion and the Resurrection of Christ at the order of the Emperor Constantine. It was solemnly dedicated in A.D.335. The Basilica was burnt when King Chosroes of Persia captured Jerusalem from the Romans (A.D.614). It was partly rebuilt by the Byzantine Emperor Constantine X in 1048, and further rebuilt by the Crusaders, in A.D. 1149. The Rotunda was destroyed by fire in 1808 and restored by the Orthodox Church.

The whole ensemble of the Church, including its commemorative shrines and chapels, is subject to the application of the Status Quo. The details of application are too complicated to be summarized adequately in this paper; reference may be made to the Memorandum on the Status Quo in the Holy Places by L.G.A. Cust, pp. 13-30.

Briefly speaking, the Latins, Orthodox and Armenian Churches share possessory rights in the Basilica, with the exception of a small chapel which belongs to the Copts. The Copts and Syrian Jacobites also possess the right to hold religious services under certain conditions. The Abyssinians hold this right only during Easter Week and then only on the roof of St. Helena's Chapel.

The Entrance Doorway and the Facade, the Stone of Unction, the Parvis of the Rotunda, the great Dome and the Edicule are owned in common by the three rites, who consent to share the costs of any repair work. The Entrance Courtyard is in common use but the Orthodox alone have the right to clean it. The keys of the entrance doors are in the custody of Moslem guardians, traditionally since the time of the Caliph Omar.

The Dome of the Katholikon is claimed by the Orthodox as being under their exclusive jurisdiction. The other two rites contest this claim and demand a share in any repair costs. The Latin Church similarly maintains a disputed claim to the Chapel of the Invention of the Cross, and the Armenian Church to the Chapel of St. Helena.

The Latins and the Orthodox dispute the ownership of the Seven Arches of the Virgin; the Armenians and the Syrian Jacobites dispute the ownership of the Chapel of Nicodemus. In both cases neither party will admit the right of the other to do any repair work or to divide the costs.

The Chapel of the Apparition, the Calvary Chapels and the shrines commemorating incidents of the Passion are in the sole possession of one or other rite, but the others enjoy certain rights of office therein.

The Katholikon has been Orthodox property since the 14th Century, but as the Status Quo applies to the whole of the Basilica, any important structural repair or alteration has to be notified to the Latins and the Armenians.

The Cenacle is the place of the Last Supper and of the descent of the Holy Ghost at Pentecost. It was the first meeting place of the Early Christians in Jerusalem.

Since 1552 the Cenacle has been under Moslem control and no Christian services may be held therein.

The Cenacle was already in use as a church as early as A.D. 135. During the 4th Century a basilica was built on the site of the primitive church. The basilica was destroyed by Moslems and Jews in 966; rebuilt by the Crusaders in the 12th Century; and destroyed once again by the Sultan of Damascus in 1219, on which occasion the Cenacle itself escaped destruction. It passed into the care of the Franciscans in the early 14th Century and remained so until 1552, when the Franciscans were ejected by the Ottoman government.

The "Franciscan Chapel of the Cenacle" is listed by the Custos of the Holy Land as being under the exclusive jurisdiction of the Latin Church.

This church is built on the site of the house belonging to St. Anne (Mother of the Virgin Mary), where the Virgin was born.

This Church and its site have been, since 1856, the exclusive property of the French Government.

The present Church was built by the Crusaders in the 12th Century, on the site of a 6th Century Church. It was seized by Saladin in 1187 and converted into a Moslem theological school (the Salahiyeh, by which name it is still known to the Arabs today).

This Church is regarded by the Orthodox Patriarchate as a Holy Place under its guardianship.

This Church is regarded by the Orthodox Patriarchate as a Holy Place under its guardianship.

The Church is the Cathedral of the Armenian Patriarchate of Jerusalem. It is built over the traditional site the martyrdom of St. James the Great. The Church, with the residence of the Armenian Patriarchate, and its hostel, monastery, convent, and school occupies the greater part of the southwest corner of the Old City.

It is a place of pilgrimage for members of all Churches, and the Latin Church in particular enjoys certain usages.

The present Cathedral was built in the 11th Century on the foundations of a 5th Century Church which was destroyed in 614. The North Wall is a remnant of the 5th Century Church.

This Church, which encloses the Chapel of Mary Magdalene and of the Forty Martyrs, is regarded by the Orthodox Patriarchate as a Holy Place under its guardianship.

This Church is built on the traditional site of the house of Mary, the mother of John surnamed Mark; St. Peter went to this house after his miraculous deliverance from Prison.

It is the seat of the Syrian Jacobite Bishop of Jerusalem; the Latin Church possesses the right to visit on certain feasts.

The present Church dates from the 12th Century. It stands on the site of a 6th Century Church.

This Church is regarded by the Orthodox Patriarchate as a Holy Place under its guardianship.

The Convent is the residence of the Greek Orthodox Patriarch and of the Holy Synod and the Brotherhood of the Holy Sepulchre. It is considered by the Orthodox Patriarchate as a Holy Place under its guardianship.

The Convent of the Deir al Sultan is situated on the east side of the Basilica of the Holy Sepulchre, on the site of the cloisters of the Augustinian Canons of the Latin Kingdom. The Convent consists of a courtyard and a cluster of hovels occupied by Abyssinian monks under a Coptic guardian. The Chapels of St. Michael and the Four Martyrs are attached to the Convent.

The Status Quo applies to the Deir al Sultan, possession of which is claimed by both Copts and Abyssinians. The Abyssinians contend that when they lost their holding in the Church of the Holy Sepulchre in the 17th Century, being unable to pay the dues exacted by the Ottoman Government, they obtained possession of the Deir al Sultan which they have occupied till today. The Copts, on the other hand, maintain that the Convent has always been their property but that they took in the Abyssinians out of charity when the latter were expelled from their possessions. In the view of the Copts the Abyssinians now living in the Convent reside there on sufferance only and as guests. The dispute between the two rites began early in the 19th Century and has continued intermittently ever since. As according to the Status Quo no repairs can be carried out, the Convent is in very bad condition. Essential repairs were carried out during the Mandatory regime by the Municipality of Jerusalem or by the Government.

The Gardens of Gethsemane are sacred to Christians as the place of the Agony, Betrayal and Arrest of Christ, and also as the place to which He withdrew with His Apostles, in order to instruct them. The Gardens include the Grotto of the Apprehending of Jesus and the Grotto of Isaias; adjacent to these, in the Vale of Kidron, is the Tomb of the Virgin Mary (see No. 34 below).

The Status Quo does not apply to the Gardens of Gethsemane. The Latin Church

The Church of the Tomb of the Virgin (Sitna Miriam) is built over the place in the Vale of Kidron where, according to Christian tradition, the Virgin Mary was buried and three days later transported bodily to heaven.

The Church is governed by the Status Quo. It was at one time the exclusive possession of the Latin Church, but by the beginning of the eighteenth century the Orthodox and Armenian Churches each possessed an altar. The Latins were finally dispossessed in 1757* (*According to Survey of Palestine, Vol. III, p. 1358, but the Custos of the Holy Land mentions 1740 (List of Holy Places submitted to UNSCOP.), and at present hold no services in the church. One of the claims that the Latin Church presses with great insistence, is however, the possession of this church. The Firman of 1652 gave it the right to hold services in the church but this right has never been exercised.

The ownership of the church and responsibility for repairs to it are shared by the Orthodox and Armenian Churches. Both churches enjoy the same privileges of worship.

Inside the church, the first Chapel on the right, dedicated to SS. Joachim and Anne, the Altar of St. Nicholas; the hangings and lamps on the right section of the Tomb of the Virgin, the altar of St. Stephen and all the end part of the Church belong to the Orthodox. The Armenians own the Chapel of St. Joseph, the altar of St. Bartholomew, the Chapel of the Presentation and the hangings and lamps on the left section of the Tomb of the Virgin. The Syrian Jacobites possess the right to officiate once a week on the Armenian altars and further claim that the altar of St. Bartholomew is their property. A dispute occurred between them and the Armenians in 1923, concerning the changing of two dilapidated icons on this altar by the Armenians. The Armenians eventually proved that the icon had Armenian inscriptions, and were therefore allowed to change them. The Copts also have the right to hold services in the church, they are allowed to use the Armenian Chapel of the Presentation twice a week.

A church existed on this site in the 4th Century. Bernard the Wise in the 9th Century described a round church "on which rain never falls, although there is no roof on it". This church was destroyed in 1010 by the Caliph Hakim. It was rebuilt by the Crusaders in the form in which it stands today, Queen Melisande being its founder. It is largely constructed underground and has two semi-circular apses.

The site of the house of Annas, with its 12th century church and convent, is regarded by the Armenian Church as a Holy Place in its exclusive possession.

The sites of the House of Caiaphas and the Prison of Christ (where He passed the night of Holy Thursday before His Crucifixion on Good Friday) are traditionally located beneath the Armenian Church on Mount Zion. Some archeologists hold, however, that they are located a few hundred yards away beneath and adjoining the Church of St. Pierre en Galicante.

The site, with its 12th Century Chapel and courts and 5th Century mosaic floor, is the property of the Armenian Patriarchate. It contains the stone that traditionally covered the Tomb of Christ and was rolled away by the Angel.

The site of the martyrdom of Saint James the Less in the Valley of Josaphat is regarded by the Armenian Patriarchate as a Holy Place in its exclusive possession.

The following monasteries and convents in Jerusalem are considered by the Greek Orthodox Patriarchate as Holy Places under its guardianship:-

The Mount of Olives is sacred to Christians not only as the place of the Ascension but as the scene of Jesus weeping over Jerusalem, the resurrection of Lazarus, the triumphal entry into Jerusalem, the prophecy of the Last Judgment and Jesus last words to his Apostles. From the 4th Century to the 7th Century the Mount of Olives was covered by churches and monasteries.

This site is considered by the Custos of the Holy Land as a Holy Place which the Latin Church has the right to visit on certain occasions. The French Government, however, claims that full rights to this property were ceded to it in 1874, since when France has maintained full and undisputed ownership and enjoyment of this site.

This was the scene of the miracle of the healing of the paralytic. It is in the custody of the Benedictines.

The Sanctuary of the Ascension, in El Tor village on the Mount of Olives, is built over the site of the Ascension of Christ. It is venerated by all Christian communities in Palestine.

The Sanctuary consists of a circular yard enclosed by a high wall. In the centre of tile yard is a round domed building covering the rock which is regarded as the spot of the Ascension and which bears the imprint of the foot of Jesus.

The Status Quo applies to the Sanctuary. The whole of the Sanctuary has for many centuries belonged to the Moslems. It is attached to the Assadieh Takya but it is not used as a mosque, and the Armenian, Latin and Orthodox Churches and the Copts and Syrian Jacobites are permitted to hold services there. The Orthodox, Armenian, Copts and Syrians each have an altar outside the actual shrine, where they hold their services on the Eastern Churches' Ascension Day. The Orthodox were permitted by the Firman of 1852 to hold their service within the shrine, but they have never exercised this right. The Latins hold a service on their Ascension Day inside the shrine. In 1922 they placed an altar outside in the yard, and aroused a protest from the Orthodox Patriarch. The Latins maintained, however, that they had the right of worship outside or inside the shrine as they chose, and the matter closed. In 1926 the Orthodox carried out some repairs to the outside of the surrounding wall, but this in turn gave rise to a protest from the Latins, on the ground that the shrine and enclosure were common property, and the work was stopped. Some repairs were carried out by the Jerusalem Municipality, at the joint expense of the three rites and it was agreed that any future repairs would be carried out at the expense of the three Patriarchates.

The Sanctuary is open at all times and is regularly visited by pilgrims and visitors.

The earliest church on this site was built between A.D.333 and A.D.378. It was damaged by the Persians in 614 and restored under the Byzantine Emperor Heraclitus in 630. Travellers in the 8th and 9th centuries report having seen a round church with an open roof "to admit of the passing of Our Lord's Body". The church was again restored by the Crusaders early in the 12th century. Saladin transformed it into a mosque in 1198. It was almost completely destroyed about 1530; all that now remains is the Aedicule, built by the Crusaders.

The Via Dolorosa is the road which Christ followed bearing his Cross, from the Palace of Pontius Pilate to Calvary. The first nine Stations of tine' Cross form part of the Via Dolorosa, the last five are actually a part of the Basilica of the Holy Sepulchre.

A procession, presided over by the Franciscans, visits the Stations of the Cross each Friday, and on special Holy Days, such as Good Friday, there are solemn processions.

The Stations of the Cross are as follows:

The Greek Monastery of Mar Elias, situated on the Jerusalem-Bethlehem road, is regarded by the Orthodox Church as a Holy Place under its guardianship.

This Orthodox Monastery, which the Greek Church regards as a Holy Place under its guardianship, was founded by St. Sabas, a disciple of St. Euthymius, in A.D. 484.

The Koran states that on the night on which Mohammed ascended to Heaven, his horse, Burak, was accommodated beside what is now called the Western or Wailing Wall of the Temple Area of Jerusalem (See also No. 97 below).

The Temple Area of Jerusalem is known to Moslems as the Haram esh-Sharif; "the Noble Sanctuary". The Koran relates that Mohammed was transported by night from Mecca to Jerusalem and that from the top of Mount Moriah (the site of the Hebrew Temple) he ascended into Heaven. Consequently, Jerusalem ranks as a Moslem Holy City next to the Holy Cities of Mecca and Medina.

The Mosque of Omar. The "Dome of the Rock" was built on the site of Mohammed's ascension from the rock on which, according to tradition, the Patriarch Abraham was preparing to sacrifice his son Isaac when God intervened. The Mosque was built in the seventh century A.D. by the Caliph Abd-el-Malik. Many Moslem schools, libraries and religious institutions are enclosed in the Temple Area.

The Mosque of Aksa. The first mosque on this site was built in the seventh century by the Caliph Omar.

This shrine is situated according to Moslem tradition in the Cenacle on Mount Zion. (See No. 22 above).

Rachel died giving birth to Benjamin, when Jacob was travelling from Bethel to Hebron. A pillar was set up over her grave, and the spot was a familiar landmark in the time of Samuel. Several medieval writers refer to it as a Jewish Holy Place. The Arab writer Mugeir-al-Din described it as built of "eleven stones and covered with a cupola which rests on four pillars, and every Jew passing writes his name on the monument.)

The tomb lies on the Jerusalem-Hebron road just before it enters Bethlehem. It consists of an open antechamber and a two-roomed shrine under a cupola containing a sarcophagus. The building lies within a Moslem cemetery, for which it serves as a place of prayer. The tomb is a place of Jewish pilgrimage. The Jews claim possession of Rachel's Tomb by virtue firstly of the fact that in 1615 Mohammad, Pasha of Jerusalem, rebuilt the Tomb on their behalf and by a Firman granted them the exclusive use of it; and secondly, that the building, which had fallen into decay, was entirely rebuilt by Sir M. Montefiore in 1845. The keys were obtained by the Jews from the last Moslem guardian at this time.

The Moslem claim to own the building rests on its being a place of prayer for the Moslems of the neighbourhood and an integral part of the Moslem cemetery within which it lies. The Moslems state that the Ottoman Government recognized it as such and further that it is included among the Tombs of the Prophets for which identity signboards were issued by the Ministry of Waqfs in 1328 A.H. They also assert that the antechamber was specially built, at the time of the restoration by Sir M. Montefiore, as a place of prayer for the Moslems. The Moslems object in principle to any repair of the building by the Jews although (up to the recent war) free access to it was allowed at all times.

In 1912 the Ottoman Government permitted the Jews to repair the shrine itself, but not the antechamber. Three months after the British occupation of Palestine the whole place was cleaned and whitewashed by the Jews without protest from the Moslems. In 1921 the Chief Rabbinate applied to the Municipality of Bethlehem for permission to repair the shrine. This gave rise to a Moslem protest, whereupon the High Commissioner ruled that, pending appointment of the Holy Places Commission provided for under the Mandate, all repairs should be undertaken by the Government. However, so much indignation was caused in Jewish circles by this decision that the matter was dropped, the repairs not being considered urgent. In 1925 the Sephardic Community requested permission to repair the Tomb. The building was then made structurally sound and exterior repairs were effected by the Government, but permission was refused by the Jews (who had the keys) for the Government to repair the interior of the shrine. As the interior repairs were unimportant, the Government dropped the matter, in order to avoid controversy.

The Wailing or Western Wall is one of the oldest antiquities in Jerusalem and one of the very few relics of the Third Temple built by Herod the Great. The lowest strata of the Wall is generally considered to be part of Herod's Temple. The Wall is an object of very great veneration by the Jews, who from time immemorial have gone there to pray on Sabbaths and other Holy Days (hence the name "Wailing Wall"). It is situated at the southwest corner of the Temple Area. The Jewish right to pray has become linked with the Jewish claim to ownership of the Western Wall as one of the most cherished places of Judaism. This claim is, however, contested by the Moslems on the ground that the Wall is an integral part of the Wall enclosing the Haram esh-Sharif. Further, the Moslems assert that the space in front of the Wall is a public way and public property, and must not be obstructed by the placing of chairs and benches by the Jewish worshipers.

These conflicting claims as to ownership resulted in difficulties concerning repairs and even such matters as the removal of weeds from the interstices of the stones, and on several occasions led to serious incidents. The prelude to the Arab-Jewish disturbances of 1929 occurred on 24 September 1928, when the Jews attempted to introduce a screen to divide men and women worshippers at the Wailing Wall on the Day of Atonement. The Moslems protested; orders were given that the screen should be removed and when the Jews refused to comply, the police forcibly re-moved it during the course of prayers at the Wall. In 1929 a Jewish demonstration held at the Wailing Wall was followed by an Arab demonstration, which led to a series of murderous attacks by Arabs on Jews throughout the country.

The Palestine Administration interpreted the Status Quo in respect of the Wailing Wall as being that the Jewish Community had a right of access to the pavement in front of the Wall for their devotions, but that the Wall itself, the pavement in front of it and the adjacent Moroccan Quarter, were legally Moslem property. The Jews might bring to the Wall only those appurtenances of worship that were allowed under the Ottoman regime. This position was in general reaffirmed by the International Commission appointed by the British Government in 1930, with the approval of the Council of the League of Nations, to enquire into conflicting rights and claims concerning the Wailing Wall. The International Commission further ruled that although the Jews enjoyed no sort of proprietary rights to the Wall or the adjacent pavement, they should have free access to them at all times, subject to certain stipulations. The placing of benches and screens against the Wall was prohibited; the Moslems were similarly forbidden to carry out the Zikr ceremony during the progress of Jewish devotions or to cause annoyance to the Jews in any other way; no political speeches or demonstrations near the Wall were to be allowed; the Moslems' right to repair the pavement was affirmed, and if any repairs were not carried out by them in due time, the work was to be undertaken by the Government. The maintenance of the Wall itself was entrusted to the Government, but it was understood that repairs to it should be carried out only after consultation with the Supreme Moslem Council and the Chief Rabbinate.

The sanctuary of Emmaus is considered by the Latin Church as a Holy Place under its custody.

In the Twelfth Century the mountain was inhabited by a Latin religious order called Brothers of the Quarantine.

The Greek Orthodox Church established itself on the Quarantine Mountain in 1874 and in 1902 built a chapel in front of the Grotto where Christ traditionally kept his fast. The Greek Orthodox Monastery is situated on the mountain side. According to tradition, the top of the Quarantine Mountain was the site of the Temptation.

The traditional Place of Baptism is under the Custody of the Greek Orthodox Church, which also is the guardian of the following Holy Places in the vicinity:

The Latin Church lists the Sanctuary of the Transfiguration, the Chapel of Nemini Dixeritis and the site of the Apparition of our Lord on a mountain of Galilee as Holy Places under its jurisdiction. The Greek Orthodox Church similarly lists the Monastery of Mount Thabor and the Church of the Transfiguration.

The Greek Orthodox Church regards the following churches and monasteries in and around Nazareth as Holy Places under its guardianship (in addition to those mentioned under 58, 60 and 63 above):-

(1) This Order may be cited as "the Palestine (Holy Places) Order in Council, 1924."

(2) Notwithstanding anything to the contrary in the Palestine Order in Council, 1922, or in any Ordinance or law in Palestine, no cause or matter in connection with the Holy Places or religious buildings or sites in Palestine or the rights or claims relating to the different religious communities in Palestine shall be heard or determined by any Court in Palestine.

Provided that nothing herein contained shall affect or limit the exercise by the Religious Courts of the jurisdiction conferred upon them by, or pursuant to, the said Palestine Order in Council.

(3) If any question arises whether any cause or matter comes within the terms of the preceding Article hereof, such question shall, pending the constitution of a Commission charged with jurisdiction over the matters set out in the said Article, be referred to the High Commissioner, who shall decide the question after making due enquiry into the matter in accordance with such instruction as he may receive from one of His Majesty's Principal Secretaries of State.

The decision of the High Commissioner shall be final and binding on all parties.

(4) His Majesty, His Heirs and Successors in Council, may at any time revoke, alter or amend this Order.

Droits existants, pratiques historiques et diverses études et recommandations des Nations Unies concernant les Lieux Saints en Palestine - Comité de Jérusalem pour la CCNUP - document de travail préparé par le Secrétariat Français