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Museum of Tolerance Dispute Returns to High Court

A dispute over the construction of the $200 million Museum of Tolerance in downtown Jerusalem, designed by Frank Gehry, FAIA, returned to Israel’s High Court of Justice last Tuesday. The court originally heard the case in February, but mediation proceedings thereafter failed to bring about a resolution.

The court had received two petitions from different Muslim groups to permanently halt construction at the building site, because human remains in Muslim graves were disturbed. The area was originally part of a large Muslim cemetery called Ma’aman Illah (“divine security”), but only a small part of the cemetery next to the museum location is still visible.

According to tradition, the cemetery dates to the seventh century, and friends of the Prophet Mohammed are buried there. It is less than a quarter-mile from Jerusalem’s walled Old City and less than a mile from Al-Aqsa Mosque, the third holiest site in Islam.

At the original hearing in February, the court noted that it was urgent that the dispute be resolved, and issued a temporary injunction against work on the museum. Durgham Saif, a lawyer representing families whose relatives are buried at the site, said they would not allow the graves to be moved. The Los Angeles–based Simon Wiesenthal Center, which is backing the museum, did not agree to build elsewhere.

At this most recent hearing, Saif says the museum's backers were given 21 days to propose an architectural solution that will not damage the cemetery. After 60 days, if both sides have not reached a compromise independently, the court will rule on whether or not work may proceed. Meanwhile, the injunction remains in place.

Esther Hecht

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