In a stunning escalation that threatens to upend centuries of sacred stewardship, the Armenian Patriarchate of Jerusalem now faces an existential crisis as the city threatens to foreclose on its properties.
Disputed tax claims may force the auction of estates that have long been the lifeblood of Jerusalem’s Christian heritage. This not only endangers the survival of a venerable institution but also imperils the historic Status Quo that has safeguarded the delicate balance of religious rights in the Holy City for generations.
That’s why the Armenian Patriarchate of Jerusalem is petitioning in court this week to halt the foreclosure process, saying in a rare statement that the alleged debts, which date back to 1994, “have never been proven in judicial proceedings, and through customary practices heretofore have never been enforced.”
This dispute, which affects not only the Armenian Patriarchate but also other Christian religious institutions, has major historical and contemporary implications for the Christian communities in the city, including the Greek Orthodox, Armenian, Latin, and others. The city would be wise to employ prudence and caution.
The municipality claims that Christian religious institutions owe tens of millions of dollars in unpaid taxes for their commercial properties that generate income. According to Israeli tax laws, only non-commercial religious properties are exempt from taxes, meaning that property leased by religious institutions for commercial purposes is subject to taxes.
Income from properties is seen as essential
From the perspective of Christian religious institutions, however, the situation is more complex. The income generated from these properties is seen as essential to supporting the operations of the Patriarchates, which play a vital role in the religious, social, and cultural life of the Christian communities.
These institutions employ hundreds and are responsible for a wide range of community functions, such as seminaries, schools, hospitals, printing houses, libraries, pilgrimage houses, and other religious and cultural activities.
Without the revenue from these properties, the Patriarchates would face significant financial challenges, which could undermine their ability to fulfill these important community roles.
The conflict over taxation is not a new issue. In 2018, during the tenure of Mayor Nir Barkat, the Jerusalem municipality attempted to implement similar measures against religious institutions, aiming to collect over $180 million in back taxes. This move sparked outrage among the Christian religious leaders, culminating in a dramatic protest during Easter when the leaders closed the Holy Sepulcher Church for three days.
The mayor ultimately backed down, and Prime Minister Benjamin Netanyahu's office intervened by appointing a special commission to negotiate with the churches and find a resolution.
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.