Construction to resume immediately despite Islamic opposition to building section over Muslim graves.
By ETGAR LEFKOVITStolerance 224.88(photo credit: Ariel Jerozolimksi )
The Islamic Movement in Israel vowed to fight a Supreme Court ruling on Wednesday that a Museum of Tolerance could be built on its planned site in central Jerusalem even though it was part of the old, deconsecrated Mamila Muslim cemetery.
Work on the $250-million museum, which is being built adjacent to Independence Park by the Los Angeles-based Simon Wiesenthal Center, hit a snag three years ago when dozens of Muslim graves were found on a section of the site during the required preliminary excavations. Two years ago, a court ordered a freeze in construction.
The museum said Wednesday that construction would resume immediately.
But a showdown is expected, with the Islamic group set to announce its plans at a press conference in east Jerusalem on Thursday morning.
"All citizens of Israel, Jews and non-Jews, are the real beneficiaries of this decision," said Rabbi Marvin Hier, founder and dean of the Wiesenthal Center. "Moderation and tolerance have prevailed."
In their unanimous ruling, the justices noted that no objections had been lodged back in 1960, when the municipality put a parking lot over a small section of the graveyard, and that for the past half-century the site had been in public use.
The court said that an alternative proposal put forward by planners - including reburial of the bones or covering the graves - was "satisfactory" in trying to reconcile religious attitudes toward respecting the dead with the requirements of the law.
The court also noted that the Islamic organization that had filed the appeal, Al-Aksa Foundation, which is connected with the Islamic Movement, was declared illegal by Public Security Minister Avi Dichter earlier this year for its alleged ties with Hamas. Nevertheless, the court found, this in itself was not grounds to reject the appeal.
The court also said concerns that violence would break out if the construction went ahead were "not within the confines" of the ruling.
The decision came after seven months of arbitration failed to resolve the dispute.
An attempt to reach an out-of-court settlement broke down when Islamic officials rejected an offer by the museum to move the bones to a nearby neglected Muslim cemetery and to renovate it. The Wiesenthal Center refused to relocate the museum or to avoid construction on the small section of the site where the bones were found, saying the area was needed for the museum.
The bones, several hundred years old, were found on 12 percent of the site.
Islamic officials, who had repeatedly ruled out any construction at the site, criticized Wednesday's ruling.
"We did not expect much from the court, and it is clear that it is part of the Israeli establishment," Islamic Movement spokesman Zahi Nujidat said. "We will not give up easily."
In the past, public protests organized by the movement have turned violent.
The museum was originally expected to be completed in 2007. The Wiesenthal Center has spent millions of dollars in legal fees.
Hier said construction would take between three and three-and-a-half years.
According to the court's decision, construction can resume immediately, except for the small section where the human remains were found.
The court gave project managers 60 days to agree with the Antiquities Authority on a method for either removing any human remains for reburial or installing a barrier between the building's foundations and the ground below that would prevent graves from being disturbed.
The site was the city's main Muslim cemetery until 1948.
The Wiesenthal Center has cited rulings by Muslim courts, the most recent in 1964, that canceled the sanctity of the site because it was no longer used.
Hier said that the site, which was given to the center by the Israel Lands Administration and the Jerusalem Municipality in the '90s, had never been designated by Israeli authorities as a cemetery, and that for three decades it had been used as parking lot.
He added that throughout the Arab world, including in the Palestinian Authority, there had been extensive building on abandoned cemetery sites.
The museum construction site was dedicated with great fanfare in 2004, with top government officials and California Gov. Arnold Schwarzenegger in attendance.
The museum - which is being designed by world-renowned architect Frank Gehry and will include a theater complex, conference center, library, gallery and lecture halls - seeks to promote unity and respect among people of all faiths.
"Jerusalem is 3,000 years old, and every stone and parcel of land has a history that is revered by people of many faiths," Hier said. "We are deeply committed to do everything in our power to respect this sacred past, but at the same time, we must allow Jerusalem to have a future."
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