Tag Archives: peace

Gaza? It’s more than that!

Guest post by Poya Pakzad, Independent Analyst, Denmark.

There is no longer any virtue in reviewing the premeditated US-Israeli massacre in Gaza from December to January. Virtually no disparity exists between the human rights organizations inside Israel or abroad. The record is unambiguously clear. Israel disrupted the “six months of lull”; maintained its “illegal blockade”; committed “grave breaches of international humanitarian law” and denied any attempt at continually offered nonviolent alternatives. As always, Israel reflexively denies any allegation without providing counter evidence. [1]

It’s hardly a challenge to lay bare this methodical pattern in the gladly forgotten record of Israeli aggressions.

No, one must refuse to plunge into this discussion. The largely manufactured hullabaloo serves for the most part to sidetrack attention from the rather palpable steps towards peace in the Israel-Palestine conflict.

It bears crucial notice that an international consensus on a two state solution to the conflict has long subsisted in an otherwise changing world.  The following assessment is an attempt to elucidate this accord and two immediate discrepancies. (1) Why has the conflict not been settled? And (2), what is the efficacy of the resuscitated appeal for a one state solution? Each question merits a study much beyond the scope of this piece. The purpose of the subsequent text is to inform as well as incite an exchange.

The provisions of the broad agreement are based on the central diplomatic document, issued against the backdrop of the six day war, entitled UN Security Council Resolution 242. The preamble states that there can be no acquisition of territory by force in accord with customary international law and the Fourth Geneva Convention. The basic interpretation is a settlement along the “green line” with “minor and mutual adjustments” to uncurl the arbitrary cease fire lines.

The resolution further stipulates that all states in the region have a right to “live within secure and recognized borders.” The latter has been reiterated for decades, even as US-Israeli rejection of the conditions has been the chief motor of occupation since the seventies.

Surprisingly, the right of Palestinians to self determination remained unspoken between the partition of 1947 and the first unanimous international call in the seventies. The change is worth paying attention to. In 1973 the PLO tacitly agreed to a formula of full Israeli withdrawal and full Arab recognition in a General Assembly resolution. Yet another call was made informally through the Security Council in 1976, explicitly putting a Palestinian state on the international agenda. Israel flatly rejected it and the United States effectively vetoed.

In 1980, a Security Council Resolution repeated these legal obligations, the US vetoed and since then US-Israeli rejectionism has been consistent. A change occurred on the other side however, as the Palestinian National Council accepted the two state settlement in 1988 from tacit approval to formal advocacy. This put the US and Israel in total international isolation, deeming every departure point of “peace process” negotiations as a rejection of the consensus.

Today the consensus enjoys the support of authoritative political, legal and human rights bodies. The most representative political body in the world, the General Assembly, presents the modalities of the settlement each year and the vote has been identically lopsided every time. The entire state system is on one side and Israel with the US along with South Pacific atolls on the rejectionist side. In 2004 the International Court of Justice, the highest authoritative legal body in the world, rendered an advisory opinion on the wall Israel has built in the West Bank. The court judged the wall to be illegal; confirmed the illegality of “territorial acquisition resulting from the threat or use of force” and deemed Gaza, the West Bank including East Jerusalem to be “occupied Palestinian Territory.” [2]

What might come as a surprise to the devoted reader of the press is the fact that Hamas since 2005 has been more forthcoming to this consensus than Israel. The first document Hamas signed when they were elected freely and fairly was the so-called Prisoner’s Document in which Hamas declares their agreement with Fatah on the establishment of a Palestinian state within the 1967 borders – incidentally supported by 77 % of the Palestinian population. It has since been conceded, even by NY Times, that Hamas is willing to negotiate along the lines of the Saudi Peace Plan and to recognize Israel de facto but not de jure. All 22 Arab states have signed the Saudi Peace Plan, which is essentially a transcript of Resolution 242 – including non-Arab states such as Iran. [3]

What has been recognized as the most contentious aspect of the conflict, namely the right of return, has surprisingly not been the most disputed issue during negotiations. At Taba, they accepted a “pragmatic settlement” which wouldn’t change “the demographic character of Israel.” The main problem has been Israel’s unwillingness to have a 1:1 land swap, i.e. the “minor or mutual adjustments” [4]. The right of return is enshrined in the Universal Declaration of Human Rights and Resolution 194 of 1949. It is unambiguously supported by the international community, Human Rights Watch and Amnesty International (and also in principle by Israeli Jews, who established their own state on the notion of that very right.)

American presidents including Barack Obama have demonstrated time and again, that they are not honest brokers. The institutional permanence of vast diplomatic, economic and military support suggests state guidelines across the political spectrum. The doctrine of policy deems Israel a “strategic asset” in the heart of the energy producing region, serving as “cops on the beat,” effectively “educating” the “savage Arab” into submission. This course of action serves to strengthen US-Israeli intransigence against Palestinians and renders the international corpus of rules null and void. It doesn’t require a doctorate to discover US hegemony in the region and the European Union toddling behind, maneuvering where it can, and obeying where it must.

This can be exemplified by comparing reactions towards state violations of customary norms, such as “serious breaches of the prohibition to use force”, the “right to self determination” and fundamental standards of human rights and humanitarian law. When the Security Council fails to perform in accord with Article VII owing to “the Tyranny of the Veto”, the General Assembly typically doesn’t hesitate to assert its duty by calling for the implementation of economic, financial and diplomatic sanctions, notably in the case of South Africa. Such comparisons can be found in an exhaustive study by Marc Weller and Barbara Metzger from Cambridge University. They conclude a “double standard” granting Israel “complete immunity” from reflexive remedies with regard to Iraq, Bosnia, Rwanda, Kosovo and East Timor such as “arms embargo,” “sanctions” and “international presence” of monitors and peacekeeping forces. [5]

Israel’s latest defiance of the Council’s calls has likewise been backed by US President Barack Obama’s administration. US support has continued and been amplified apart from Obama’s rhetorical superfluities. The near unanimous European euphoria over the election of Obama is a back hand admission of both its recognition of the double standard and its awareness that it isn’t able to do much without the consent of the Super Power. [6]

Recognizing this milieu of inaction and “facts on the ground”, elements of the left (and extreme right for dissimilar reasons) lends support to the proposal of a one state solution based on the egalitarian principles applied in South Africa and elsewhere. It requires a shift of paradigm terminologically replacing “occupation” with “Apartheid.” Indeed apartheid is a component of the occupation, yet annexation is a far worse crime than any comparable stage of colonization in South Africa. Annexation is an altogether different sort of imperialism, suggesting practically no alteration of behavior even if historical Palestine was to be developed into one state. A single state is no guarantee; take a simple look at the existing ones!

Arguments for a one state solution is usually based on justice – acknowledging quite accurately that the two state solution is far from just. Yet, justice, apart from discussions in academic seminars, is limited in the real world by the fact of feasibility. No one says that Hopi Indians should renounce their claim to their ancestors’ land, but then, no one advocates it either. The arguments become tautological: “No settlement is acceptable unless it’s acceptable.”

If there is a series of steps leading to the one state solution it should by all means be discussed. Trying to create an environment conducive to this settlement today seems impossible and may well be a recipe for further conflict. The idea of boycotts and divestiture requires the active participation of important actors within Israeli society. The struggle in South Africa took decades to establish with mayors already committed to civil disobedience and corporations agreeing to the “Sullivan conditions.” If such a strategy will look like an attack on Israeli society it is likely to be counterproductive. I have seen serious debate regarding the efficacy of the two state settlement. How can you divide Cis-Jordan for example? How can Palestinians realize a “rump state”? Yet, as an interim solution, far from the final status anathema it has become, the struggle for normalization, fulfillment of rights and integration shall continue.

[1] Israeli Ministry of Foreign Affairs, “The six months of the lull arrangement,” December 2008 |Human Rights Watch, “Precisely Wrong,” June 2009 | Human Rights Watch, “Rain of fire,” March 2009 | Amnesty International, “Israel/Gaza: Operation “Cast Lead”: 22 days of death and destruction,” July 2009 | Bt’Selem, “Guidelines for Israel’s Investigation into Operation Cast Lead,” February 2009.

[2] International Court of Justice, ”Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,” 2004.

[3] Avi Issacharoff, “Poll: 77 % of Palestinians support the Prisoner’s Document,” June 2009, Ha’aretz | Mouin Rabbani, “A Hamas Perspective on the Movement’s Evolving Role: An Interview with Khalid Mishal: Part II,” Summer 2008, Journal of Palestine Studies vol. 37 | Avi Issacharoff, “Meshal: Hamas backs Palestinian state in ’67 borders,” April 2008, Ha’aretz | Amira Hass, “Haniyeh: Hamas willing to accept Palestinian state with 1967 borders,” September 2008, Ha’aretz | Middle East Online, “Hamas calls for Palestinian state in 1967 borders,” June 2009 |Hamas, “We Do Not Wish to Throw Them Into the Sea,” February 2006, Washington Post | Jay Solomon & Julien Barnes-Dacey, “Hamas Chief Outlines Terms for Talks on Arab Israeli-Peace,” Juli 2009, Wall Street Journal.

[4] Ron Pundak, “From Oslo to Taba: What Went Wrong?,” Autumn 2001, Survival p. 31-45, The International Institute for Strategic Studies.

[5] Marc Weller & Barbara Metzger, “Double Standards,” September 2002, PLO Negotiations Affairs Department | for further deliberations see: Yoram Dinstein, “War, Aggression and Self Defense,” 4th ed., 2005, Cambridge University Press p. 302 and David Cortright & George A. Lopez, “The Sanctions Decade: Assessing UN Strategies in the 1990s,” 2000, Lynne Rienner.

[6] The Bush Sr. administration went beyond rhetoric objecting to illegal settlement by denying economic support for them. Oppositely, Obama administration officials state that such dealings are “not under discussion” and that any pressures will be “largely symbolic”: Helene Cooper, “U.S Weighs Tactics on Israeli Settlement,” May 2009, NY Times | Grant F. Smith, “$2.775 Billion in US Aid Supports Israeli Nuclear Weapons Program,” June 2009, Online Journal.