The Israel Antiquities Authority (IAA) told the High Court of Justice that it was prepared to allow construction of the Museum of Tolerance on the site of an ancient Muslim cemetery in Jerusalem's Mamila area, although an important archaeologist had determined that the excavation was far from complete.

In the opinion, to be submitted to the court Wednesday, Dr. Raphael Greenberg of Tel Aviv University states that the IAA archaeologist excavating the area wrote in his concluding report that there were at least 800 graves still left in the area and that he unequivocably recommended prohibiting construction there.

However, an IAA report submitted to the High Court in January makes no mention of this recommendation and states there is "no need" for continued excavation, and construction of the Museum of Tolerance could proceed.

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Greenberg said the maps the IAA presented to the court are "in opposition to the reality in the area," because they show that excavation is complete in areas where it has not even begun. Greenberg notes that the IAA defined the Mamila cemetery, which has been a Muslim burial ground since the Middle Ages, as one Jerusalem's special archaeological sites.

Greenberg said the graves have rare archaeological value and their destruction would stand in stark opposition to professional archaeological ethics. "It is not the job of the IAA to see to the welfare of entrepreneurs," wrote Greenberg.

Attorney Durgham Saif of the human rights organization Karameh, which opposes construction of the museum on the cemetery, has asked the High Court to allow Greenberg to conduct an independent probe at the site, since he said the IAA had "misled" the court.