Archive for the ‘Middle East peace process’ Category

Self-Determination: an important concept, now lost?

Thursday, June 30th, 2011

Both Israeli and Palestinian theoreticians have argued that the partition of the British Mandate Palestine, as decided at British request by the United Nations in General Assembly Resolution 181 of November 1947, violated the principle of self-determination, which is a central — it could even be said, sacred — concept in modern international law.

(Britain then abstained in the UNGA vote on Resolution 181, as did Turkey, the successor to the Ottoman empire).

A recent policy brief published by Dore Gold’s Jewish Center for Policy Affairs [JCPA] in Jerusalem, recently stated openly that Israel’s claim to the West Bank, and the legitimacy of its settlements there, is based on the 1922 Palestine Mandate.

[This is interesting, as the Palestine Mandate was only formally adopted by the Council of the League of Nations in 1923 -- after the formal surrender of the Ottoman Empire in Lausanne, and, significantly, after Britain informed the League of Nations that Transjordan was being administered separately, thereby effectively limiting Jewish immigration, which the Mandate was designed to encourage, to the areas west of the Jordan River.]

Al-Shabaka, the Palestinian Policy Network based in Berkeley, California, has a stated mission of educating and fostering “public debate on Palestinian human rights and self-determination within the framework of international law”. In May 2010, it published a policy brief written by Ali Abunimah, entitled “Reclaiming Self-Determination”, and posted here, which says that “any commitment to self-determination in principle or in practice” has been lost or given up (including by the Palestinian leadership) during the “peace process” of the
past two decades.

Abunimah wrote that “The peace process that began with the 1991 Madrid Conference has gradually excluded the majority of Palestinians from having any role in determining the future of their country. In the eyes of peace process sponsors, the ‘Palestinian people’ constitutes at most residents of the West Bank and Gaza Strip, though even Gaza now finds itself as marginalized as the Diaspora. It is this exclusion that has allowed a cause of decolonization and self-determination to be reduced to little more than a ‘border dispute’.”

In his analysis, Abunimah then wrote that self-determination is a right “legitimate residents” of the territories — not of national groups (as the League of Nations recognized the Jewish people, for the first time, by incorporating the language of the Balfour Declaration and its advocacy of a Jewish homeland directly into the Palestine Mandate). However, he then argued, Jewish settlers could be considered, if …

He explained: “[T]he notion that Israeli Jews are legitimate residents, provided they shed their colonial character and privileges, derives directly from the traditional conception of Palestinian self-determination. As Arafat put it in his 1974 UN speech, ‘when we speak of our common hopes for the Palestine of tomorrow we include in our perspective all Jews now living in Palestine who choose to live with us there in peace and without discrimination’.”

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Netanyahu to Knesset: Palestinian state will not (even) be contiguous

Thursday, June 16th, 2011

Israeli Prime Minister Benjamin Netanyahu said at a Knesset Committee on Wednesday. according to a report in the Jerusalem Post today, that “The prime minister laid down what he called a ‘framework’ Israel must bring to negotiations, including insistence on a unified Jerusalem, maintaining large settlement blocs located beyond the Green Line under Israeli sovereignty, an Israeli presence on the Jordan River valley, and a solution to the Palestinian refugee issue outside Israel proper. He said the Palestinian state will be ‘broken up’ but will have clearly demarcated borders [emphasis added here]“.

This is published here.

American policy has continued to emphasize that a future Palestinian state must be “contiguous”, as U.S. President Obama said in a couple of statements a few weeks ago.

Obama also said that the U.S. believes direct negotiations should be renewed, and the starting point should be the 1967 borders, with agreed swaps. Netanyahu and the Israeli government then said this raised questions which needed clarification about U.S. support for a 2004 letter of assurances sent by U.S. President George W. Bush, which mentioned demographic realities on the ground — a formula taken to mean some kind of acceptance of large Israeli “settlement blocs” in occupied Palestinian territory.

The JPost report added that “The prime minister, reiterating the platform he laid out before the US Congress last month, said that negotiations for a two-state solution with Israel fully recognized as a Jewish state would lead to peace, and not unilateral moves. He said he had received support from the US Congress, US President Barack Obama, German Chancellor Angela Merkel, and ‘other European leaders’.”

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P.J. Crowley: U.S. is in no position to stop UN General Assembly recognition of Palestinian State

Sunday, April 24th, 2011

P.J. Crowley, former State Department spokesperson who recently resigned after criticizing detention conditions for Private Bradley Manning, accused of leaking classified U.S. military and cables to Wikileaks, has just spoken to Salon.com about his Twitter activity. The interview is posted here.

Here is what he said concerning expected Palestinian moves to seek UN recognition of their state:

Question: Jumping over to Israeli-Palestine, the Palestinian Authority is now talking about going to the U.N. in September, either through the Security Council or the General Assembly, and seeking recognition as an independent state. News reports suggest that the Obama administration has tried to dissuade them, but it seems like they’re going forward. How do you think the [U.S.] administration would handle that move if the Palestinians do try to do this?

P.J. Crowley: Well if the Palestinians go to the United Nations General Assembly in September to seek some kind of recognition, the United States is in no position to stop it. We don’t have a veto in the General Assembly. The real question is, will it make any difference? And the answer is no. The administration has long held that this move would be not productive and probably counterproductive for the Palestinian cause. That has been our advice to the Palestinians publicly and privately, and I don’t see that changing. There’s still time to try to get a direct negotiation restarted, but there’s little evidence that there’s the kind of productive dynamic between President Abbas and Prime Minister Netanyahu that would give a lot of hope. There are speeches coming up — the prime minister is coming to the United States to talk to Congress. Secretary Clinton has indicated the president may give an address on the situation sometime soon, but the real problem is not a [lack of] desire by the United States to push this forward, the problem really is the lack of any rapport between the Israeli government and the Palestinian Authority that would give you any hope of progress.

Question: Even if President Obama gives a speech, are you expecting to see any sort of major initiative from the administration on this, or do you think they’re in a holding pattern?

P.J. Crowley: My personal view is that Prime Minister Netanyahu, recognizing that a Palestinian move at the U.N. in September would put Israel in a difficult political situation, has to be the first to try to change perceptions of where things are now. He may try to do that in his upcoming address in the United States. A lot of people are pointing to his speech here, but if he’s actually going to put on the table a dramatic move, he would do that before his own people, not before the American people. I personally don’t see any immediate prospect for a breakthrough.

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Two Israeli proposals for peace in one month – neither from the Government

Thursday, April 21st, 2011

UPDATE: Well, it is happening, but maybe not quite as expected. For some participants, who are members of the older or traditional Israeli elite, this was a “baptism” in activism. Haaretz reported here that the announcers were heckled, disrupted — and then, probably for the first time, they got no support from the police: “Leading left-wing cultural leaders, including several Israel Prize laureates, were verbally accosted on Thursday during a rally in support of an independent Palestinian state. The rally, taking place outside Tel Aviv’s Independence Hall, was reportedly disrupted by right-wing activists equipped with bullhorns, who called out: ‘leftist professors, it will all blow up in your face’, ‘Kahane was right’ [?], and ‘traitors’. Rally organizers and participants, who included 17 Israel Prize laureates, said present police forces did not separate rally goers from objectors, as they usually do during right-wing events. The speech by Israel Prize winning actress Hanna Maron was disrupted several times by right-wing counter-protesters, who yelled out ‘fifth column’. Disruptions reportedly continued even after attempts by organizers to quell the anti-rally sentiment by mentioning Maron lost her leg during a 1970 terror attack on an El-Al flight”…

The “police forces did not separate rally goers from objectors” …

YNet reported that some of the right-wing counter-protesters even called the demonstrators “Jewish Nazis” — and “some even cried ‘You forgot about the children who were slaughtered in Itamar’.” This is reported here.

The YNet report added that “The organizers of the event are a number of artists and academicians who have recently published petitions warning of the rise of ‘fascism’ in the Israeli government”.

The Jerusalem Post later reported here that the right-wing crowd nearly drowned out the people making the Declaration of Independence from Occupation, and hurled “insults”, as “shoving matches broke out”. The JPost report said that “The demonstration had a largely volatile edge to it, but was eventually dispersed shortly after 3 p.m. without any injuries or arrests made”.

These Israelis who stood behind the Declaration of Independence against the Occupation took a public stand today — and they stood up for it (so far, at least).

****************************************
Here is what we posted earlier:

(1) In just over an hour, it is scheduled to happen … in the middle of the Passover week vacation and celebrations in Israel, a group of eminent Israelis from the mainstream of public life in the country are going to issue a call from Tel Aviv declaring the end of the Israeli occupation of Palestinian land (and lives) that began with the June 1967 war.

On Thursday, the right-wing [meaning, in the Israeli political spectrum, pro-occupation and pro-settlement] Israel National News reported here that “Radical left professors and others are accused of siding with the enemy in planning a ceremony at which they will ‘declare’ a Palestinian state”.

Not exactly…

Haaretz reported Wednesday here that “Dozens of public figures will stage a protest on Thursday at 2 p.m. in front of Independence Hall on Tel Aviv’s Rothschild Boulevard, where David Ben-Gurion declared Israel’s statehood in May of 1948″ …

The people behind this Declaration are from the traditional elite of Israel…

(more…)

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US Defense Secretary Robert Gates visits Ramallah, hears about Palestinian statehood plans

Friday, March 25th, 2011

U.S. Secretary of Defense Robert Gates visited Ramallah today, during a trip in an exceptionally tense period to the region.

According to a report in Haaretz, Palestinian Authority Prime Minister Salam Fayyad told Gates that Israel should end the occupation of the West Bank by September.

Almost two years ago, Fayyad announced plans to have the institutions of Palestinian statehood ready by September 2011.

In recent months, with the negotiations towards a two-state solution at a stalemate, Palestinian officials in Ramallah have spoken about going to the United Nations to begin preparations to request admission to UN membership of a new state of Palestine.

The Haaretz report, published here, “Fayyad stressed to Gates the importance of meeting the September deadline set in what he called the ‘Ending the Occupation, Establishing the State’ program, a statement issued by the premier’s office said. According to this two year program, by the end of August the Palestinians would have completed building their state institutions and enforced security on the ground, to allow them to establish their independent state. Fayyad told Gates that Israeli restrictions are obstructing Palestinian efforts to build their state institutions. He also said that Israel’s settlement expansion and military incursions into Palestinian Authority-run cities in the West Bank caused problems”.

Israeli officials are saying that a unilateral Palestinian move would be catastrophic, because it would bring a strong Israeli reaction — but, since they are now convinced of the urgent necessity for any solution to be a two-state model, it’s hard to understand their aversion to the Palestinian leadership’s planned moves — except as a compulsive need to maintain control.

(more…)

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Nabil ElAraby – new Foreign Minister of the new Egypt

Tuesday, March 8th, 2011

Egyptian diplomat and international law expert Nabil ElAraby has been named the new Foreign Minister of the new Egypt.

He has served at the United Nations, and has been a member of the UN’s International Law Commission, and he also served as a judge on the International Court of Justice in The Hague.

In a very important separate opinion, concurring with the ICJ’s July 2005 Advisory Opinion on the Legality of the Construction of a Wall in occupied Palestinian territory, ElAraby wrote:
“What I consider relevant to emphasize is that this special responsibility [of the United Nations for Palestine, as mentioned in the main body of the Advisory Opinion of July 2004] was discharged for five decades without proper regard for the rule of law. The question of Palestine has dominated the work of the United Nations since its inception, yet no organ has ever requested the International Court of Justice to clarify the complex legal aspects of the matters under its purview. Decisions with far-reaching consequences were taken on the basis of political expediency, without due regard for the legal requirements. Even when decisions were adopted, the will to follow through to implementation soon evaporated. Competent United Nations organs, including the General Assembly and the Security Council, have adopted streams of resolutions that have remained wholly or partially unfulfilled. The United Nations special responsibility has its origins in General Assembly resolution 181 (II) of 29 November 1947, hereafter the Partition Resolution”…

See the post on our sister site, www.un-truth.com, here.

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USA vetoes draft UN Security Council resolution condemning Israeli settlements + takes back its alternative offer, too

Saturday, February 19th, 2011

The U.S. cast its first veto in the UN Security Council on Friday [18 February] under the Obama administration, according to the Washington Post’s Colum Lynch.

UN photo of US Amb Susan Rice casting veto on 18 Feb 2011

UN photo of US Ambassador Susan Rice casting veto on 18 February 2011

All of the other 14 members of the UNSC voted in favor of the resolution, which would have condemned Israeli settlements in occupied Palestinian territory.  At least 120 UN member states co-sponsored the resolution, despite a few last-minute drop-outs…

The draft resolution, if it had passed, would have “demanded that “Israel, as the occupying power, immediately and completely ceases all settlement activities in the occupied Palestinian territory, including East Jerusalem and that it fully respect its legal obligations in this regard”.

The British Ambassador later made a point of saying not only that Israeli settlements are illegal, but also added that the three largest EU members hope to see Palestinian State by September of this year. Britain and France are two of the Security Council’s five permanent members who have the power to veto a resolution, and Germany is now one of the Security Council’s ten non-permanent members who have ordinary voting powers — all three voted in favor of the Palestinian-supported draft resolution that the U.S. vetoed.

The U.S. apparently preferred to say only that Israeli settlements were “illegitimate”.

UPDATE: A post on the Arabist blog here highlights this point:
“It’s rather morbid to read the detailed justification for this. From a State Dept. briefing here:
QUESTION: Yes, Ambassador Rice, you say that you reject the continued building of settlements on the West Bank as being illegitimate. Yet you vote that no on a resolution that calls it illegal. Why is that, considering that the State Department, as far back as 1978, considered settlement activities illegal?
AMBASSADOR RICE: The United States has not characterized settlement activity as illegal since, I believe, 1980. And – but what we do believe firmly and have reiterated forcefully, including today, is that continued settlement activity is not legitimate”…

(more…)

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Danny Seidemann diplomatically urges Palestinians/Arabs to “begin to educate themselves about Jerusalem”

Thursday, January 13th, 2011

In the current issue of Bitterlemons, Israeli lawyer Danny Seidemann, an expert on East Jerusalem specializing in Israeli-Palestinian relations who founded the Ir-Amim organization [which works for an equitably shared Jerusalem], writes that: “Any attempt to construe the API [Arab Peace Initiative] in a manner that falls short of ‘full-stop’ Palestinian or Arab sovereignty on the Haram/Mount would be an exercise in self-delusion. This is the real challenge for the API. Achieving an Israeli waiver of sovereign claims to the Mount/Haram and the surrounding areas will be one of the most daunting challenges of any permanent status agreement. The potential to secure an Israeli waiver of sovereign claims, to the extent such potential exists, is embedded in the logic of the API. Israelis correctly perceive Palestinian/Arab denials of historic Jewish connections to Jerusalem as a litmus test, disclosing the acceptance or rejection of authentic Jewish connections to Israel/Palestine. Absent an affirmative acceptance of these connections, demands to cede Israeli sovereignty on the Temple Mount would almost certainly be rejected out of hand, as such an action would for Israelis be accompanied by a sense of violation and feared loss of legitimacy of the entire historic enterprise that is modern Israel. On the other hand were the permanent status agreement, loyal to the inner logic of the API, to include declarations recognizing the legitimacy of Jewish attachments and provisions guaranteeing the inviolability of Jewish equities under Palestinian/Arab sovereignty, the calculus could change significantly. In effect, the Palestinian/Arab sovereign would declare itself the custodian of Jewish memories and their physical embodiments. The act of assuring protection of archeological artifacts and guaranteeing access for non-Muslims to the Haram/Mount, would significantly increase the willingness of Israelis to entertain the possibility of such sovereignty. And, indeed, such a development is not implausible: today, from Rabat to Beirut, Cairo and Damascus, Arab governments are restoring Jewish synagogues because the historic, legitimate Jewish presence in their countries is part of their interpretation of Arab civilization–an interpretation shared by the API.

Seidemann writes: “In conclusion, the API has the potential to ‘speak the language’ of Jerusalem well. Its focus on the green line, with agreed modifications, is consistent with the growing consensus in Israel that Israeli rule over East Jerusalem is untenable in the long run. And indeed, based on the API’s principles, validating Jewish attachments to areas that fall under Palestinian/Arab sovereignty–an act that would, in parallel, demand validation of Muslim attachments to sites within Israel, like the Mamilla cemetery–would likely be far less difficult than resolving what for the Palestinians and the Arab world is the highly problematic Israeli demand for recognition of ‘the Jewish character’ of Israel. All that said, the concern, even passion, in the Arab world regarding Jerusalem/al-Quds is undoubtedly genuine–but not always accompanied by a familiarity with the rival equities in the city, an appreciation of the city’s real-time complexities, or a respect for the genuine concerns of Israelis and Jews. For these reasons, stakeholders in the API need to begin to educate themselves and their populations about Jerusalem. In doing so, they can begin to leverage the API to make real progress on Jerusalem. They can use it to generate potential permanent status positions that are compatible with both the complexities of the city and the sensitivities in the Jewish, Muslim and Christian worlds, and that contribute to building confidence in the API as a tool to energize Israeli-Palestinian peace efforts and, ultimately, achieve Israel-Arab peace“.

This article was published on 12 January 2011 here.

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Israeli PM Netanyahu says his very clear policy is the same … maybe

Tuesday, December 28th, 2010

The Israeli Government Press Office (GPO) sent around via email to journalists this transcript of selected remarks made in an interview yesterday of Israel’s Prime Minister Benyamin Netanyahu, as interviewed by Israel’s Channel 10 TV:

Prime Minister Netanyahu: I have set very clear policy; I did this in my 14.6.09 Bar-Ilan University speech. [The full transcript in English-language translation is posted here] There I said as follows: If the Palestinians recognize a Jewish State, if they shelve the idea of the Palestinian refugees’ right of return, if they have a demilitarized Palestinian state that recognizes the Jewish state – I tell you here and now that I will go with this to the end and that no coalition consideration will stop me, and I have no doubt that a majority will support me.

Question: “Then perhaps [Foreign] Minister [Avigdor] Liberman is correct when he says, ‘Let us go for a long-range interim agreement and not a permanent agreement immediately, within a year, like you want?”

Prime Minister Netanyahu: “If we get into this discussion, we will likely hit a wall; a wall named Jerusalem, perhaps a wall named refugees. It could be that the result would be an interim agreement. It’s possible. I do not rule this out, including in the talks that we have held. I said that it’s possible. If we say this in advance, it is not certain they will come so easily. But it could be the result of a diplomatic process; I am not certain that it should be its primary goal.”

Question: “Are you indicating a possible change in policy, which says that there will be additional phases, the transfer of additional areas to the Palestinians, as you have already done in the past?”

Prime Minister Netanyahu: “I am not going into details on this.”

Ma’an News Agency reported later that “A spokesman for Palestinian president Mahmoud Abbas shot down the suggestion. ‘For the Palestinians, any suggestion of reaching an interim agreement is unacceptable because it omits Jerusalem and the issue of refugees’, he said. Chief Palestinian negotiator Saeb Erakat also dismissed Netanyahu’s suggestion, saying: ‘interim solutions are rejected part and parcel … It’s now time for final solutions that include Jerusalem, refugees, borders, security, settlements, water and the release of all Palestinian prisoners held in Israeli jails’, he said … Direct talks between Israel and the Palestinians, the first for nearly two years, began in Washington on September 2. But they stalled when a partial 10-month freeze on Israeli settlement building expired on September 26. The Palestinians refused to resume negotiations without a new moratorium and Washington admitted on December 7 that it had failed to convince Israel to renew the building curbs. Palestinian negotiators have emphasized a set of alternatives to new talks, including seeking recognition of a Palestinian state along the borders that existed in 1967, before the Six Day War”. This was reported here.

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State Department: America’s “ultimate goal” remains the same

Tuesday, December 28th, 2010

U.S. State Department Acting Spokesman Mark C. Toner told journalists at the daily press briefing on 27 December that U.S. “ultimate goals” — including”an effort that will lead to direct negotiations and ultimately a comprehensive settlement” — remain the same.

And, he said (but only in response to a question) the U.S. is still committed to a Palestinian State “within” the 1967 borders — “with legitimate swaps”…

Here are excerpts from the State Department transcript of the briefing, sent via email:

M. TONER:We continue to work to bring both parties back into direct negotiations and to achieve a comprehensive settlement. And frankly, responding to various comments by various officials or government officials is not an effective way to do that. We’re trying to maintain close consultations with both parties, and again, in an effort that will lead to direct negotiations and ultimately a comprehensive settlement“.

QUESTION: One more. Many countries in South America are recognizing a Palestinian state now in a unilateral way. Are you giving a [yellow] light to these countries…?

M. TONER: “That’s okay, Samir. We’ve been very, very clear about our concerns regarding unilateral actions by either party that would in any way jeopardize what remains our ultimate goal, which is to return to direct negotiations and to reach a final – or a comprehensive settlement, a peace settlement. So – and we’ve said on the record many times that we would believe that Palestinian efforts for unilateral independence would fall into that category“.

QUESTION: Sorry, Mark. A follow-up on one of the previous Middle East peace process questions. Is the U.S. still committed to a Palestinian state within the 1967 borders?

M. TONER: “Yes. I don’t have the chapter and verse in front of me, but I believe that’s the – with legitimate swaps. I’d have to check the wording, so I’m hesitant to say on the record because I don’t have the wording in front of me. But we’ve said it many times on the record, and I just would refer you to previous statements by Senator Mitchell“.

DPB # 210

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