Posts Tagged ‘Palestine Liberation Organization’

What Kind of Two-State Solution?

June 15, 2009
Agence Global, June 15, 2009
by Immanuel Wallerstein,   Commentary No. 259, J

Now that President Obama has put his weight so openly and publicly behind the concept of a two-state “solution” for the Israel-Palestine controversy/struggle, such a “solution” may well be achieved in the coming years. The reason is simple. Stated abstractly, such a solution has overwhelming support in world political opinion. Polls show a majority of Jewish Israelis favor it, as do a majority of Jews elsewhere in the world. Support among Arab leaders is strong and wide. Even Hamas indicates it is willing to accept the concept of two states on the basis of an indefinite “truce” in the struggle. Some “truces” in the modern world have lasted four centuries. And more recently, there has been “truces” on the Korean peninsula and in Kashmir for more than a half-century. Some “truces” seem pretty permanent.

What seems to be left out of the discussion these days is what does the expression “two states” mean? Quite diverse definitions exist. We should remember that the last real negotiations, those between Yasir Arafat and Ehud Barak in 2000, foundered at the last minute at Taba over diverse definitions.

What are the issues in these contrary definitions? There are at least six different issues which the mere slogan of “two states” hides. The first issue is the definition of sovereignty. The Palestinians of course think that sovereign means sovereign – a state with the same powers as any other sovereign state. Even those Israeli political leaders who have accepted the terminology of two states have been thinking of a limited version of sovereignty. For example, what kind of military apparatus would such the Palestinian state have? Would it control completely overflight permissions? Would it have unlimited control of its borders?

The second issue is of course the borders of such a state. Both the Palestine Liberation Organization (PLO) and Hamas feel that accepting the 1967 borders is already an enormous concession on their part. They certainly do not expect to obtain anything less. But such borders of course do not include the post-1967 Jewish settlements in the Occupied Territories, nor east Jerusalem. Tiny adjustments in these borders might be acceptable. But tiny means truly tiny.

The third issue is  internal democracy  in Israel. Will non-Jewish Israelis continue to have fewer rights than Jewish Israelis? This is a central and very little discussed question.

The fourth issue is whether the two states will be defined as secular states or religious states. Will the Palestinian state be a Muslim state? Will Israel continue to be a Jewish state?

The fifth issue is the so-called right of return. Israel was founded on the unlimited right of return of any Jew who wishes to come to Israel. The Arabs who fled from Israel (or were forced out) demand a right of return. This has been the knottiest issue in the entire historic debate. It is a question of both demography and land. The Palestinians might accept a merely symbolic gesture on this question, if all other issues were resolved in ways they considered appropriate.

Finally, of course, there is the question of what would happen with the existing Jewish settlements in the Occupied Territories. It is conceivable that the Palestinians might say that some of them could remain where they are. But it seems hardly likely that the settlers would agree to stay in a Palestinian state, or would willingly accept evacuation to Israel.

Now what has Obama done? He has taken a strong position on two questions the present ultra-right Israeli government refuses to accept: no further expansion of any kind of the existing settlements and a commitment to a two-state solution. This is unquestionably positive and courageous in the context of U.S. internal politics.

However, it risks being dangerous in terms of any real solution. For consider the following possibility. Under severe twisting of the arm of Israeli Prime Minister Netanhayu by Obama, Netanyahu concedes both points, and reshuffles his cabinet in the light of this shift in position. Will he then not turn around and say to Obama that now the Palestinians must make comparable concessions? But he would not really be talking about “controlling violence” by the Palestinian Authority – the usual Israeli governmental mantra. He will mean concessions on all the issues I have listed above – on none of which any Palestinian leadership can today make any significant further concession.

Obama’s courageous gestures will then turn out to be a mode of distraction from the real underlying issues.

International Law and Israel’s War on Gaza

January 25, 2009

by Francis A. Boyle

Global Research, January 24, 2009

mwcnews.net

When the Oslo Document was originally presented by the Israeli government to the Palestinian Delegation to the Middle East Peace Negotiations in the Fall of 1992, it was rejected by the Delegation because it obviously constituted a bantustan. This document carried out Menachem Begin’s disingenuous misinterpretation of the Camp David Accords–expressly rejected by U.S. President Jimmy Carter–that all they called for was autonomy for the people and not for the land too.

Soon thereafter, unbeknownst to the Delegation and to almost everyone else, the Israeli government opened up a secret channel of negotiations in Norway. There the Israeli government re-presented the document that had already been rejected by the Palestinian Delegation in Washington, D.C. It was this document, with very minor modifications, that was later signed at the White House on 13 September 1993.

Before the signing ceremony, I commented to a high-level official of the Palestine Liberation Organization: “This document is like a straight-jacket. It will be very difficult to negotiate your way out of it.” This PLO official agreed with my assessment and responded: “Yes, you are right. It will depend upon our negotiating skill.”

Of course I have great respect for Palestinian negotiators. They have done the best they can negotiating in good faith with the Israeli government that has been invariably backed up by the United States. But there has never been any good faith on the part of the Israeli government either before, during or after Oslo. Ditto for the United States.

Even if Oslo had succeeded, it would have resulted in the imposition of a bantustan upon the Palestinian People. But Oslo has run its course! Therefore, it is my purpose here today to chart a NEW DIRECTION for the Palestinian People to consider.

An agenda for an international legal response:

First, we must immediately move for the de facto suspension of Israel throughout the entirety of the United Nations System, including the General Assembly and all U.N. subsidiary organs and bodies. We must do to Israel what the U.N. General Assembly has done to the genocidal rump Yugoslavia and to the criminal apartheid regime in South Africa! Here the legal basis for the de facto suspension of Israel at the U.N. is quite simple:

As a condition for its admission to the United Nations Organization, Israel formally agreed to accept General Assembly Resolution 181 (II) (1947) (partition/Jerusalem trusteeship) and General Assembly Resolution 194 (III) (1948) (Palestinian right of return), inter alia. Nevertheless, the government of Israel has expressly repudiated both Resolution 181 (II) and Resolution 194 (III). Therefore, Israel has violated its conditions for admission to U.N. membership and thus must be suspended on a de facto basis from any participation throughout the entire United Nations System.

Second, any further negotiations with Israel must be conducted on the basis of Resolution 181 (II) and its borders; Resolution 194 (III); subsequent General Assembly resolutions and Security Council resolutions; the Third and Fourth Geneva Conventions of 1949; the 1907 Hague Regulations; and other relevant principles of public international law.

Third, we must abandon the fiction and the fraud that the United States government is an “honest broker.” The United States government has never been an honest broker from well before the very outset of these negotiations in 1991. Rather, the United States has invariably sided with Israel against the Palestinians. We need to establish some type of international framework to sponsor these negotiations where the Palestinian negotiators will not be subjected to the continual bullying, threats, harassment, intimidation and outright lies perpetrated by the United States government.

Fourth, we must move to have the U.N. General Assembly impose economic, diplomatic, and travel sanctions upon Israel pursuant to the terms of the Uniting for Peace Resolution (1950), whose Emergency Special Session on Palestine is now in recess.

Fifth, the Provisional Government of the State of Palestine must sue Israel before the International Court of Justice in The Hague for inflicting acts of genocide against the Palestinian People in violation of the 1948 Genocide Convention!

Sixth, An International Criminal Tribunal for Israel (ICTI) can be established by the UN General Assembly as a “subsidiary organ” under article 22 of the UN Charter. Article 22 of the UN Charter states the UN General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions. The purpose of the ICTI would be to investigate and Prosecute suspected Israeli war criminals for offences against the Palestinian people.

On January 4, 2009, Nobel Peace Laureate, Mairead Maguire wrote to the UN Secretary General, Ban Ki-Moon and Father Miguel D’Escoto President of United Nations General assembly adding her voice to the many calls from International Jurists, Human rights Organizations, and individuals, for the UN General Assembly to seriously consider establishing an International Criminal Tribunal for Israel in view of the ongoing Israeli atrocities against the people of Gaza and Palestine.

Francis A. Boyle is Professor of International Law at the University of Illinois. He was Legal Advisor to the Palestinian Delegation to the Middle East Peace Negotiations (1991-93)

Chronicle of a Suicide Foretold: The Case of Israel

January 17, 2009
Immanuel Wallerstein, Commentary No. 249, Jan. 15, 2009

The state of Israel proclaimed its independence at midnight on May 15, 1948. The United Nations had voted to establish two states in what had been Palestine under British rule. The city of Jerusalem was supposed to be an international zone under U.N. jurisdiction. The U.N. resolution had wide support, and specifically that of the United States and the Soviet Union. The Arab states all voted against it.

In the sixty years of its existence, the state of Israel has depended for its survival and expansion on an overall strategy that combined three elements: macho militarism, geopolitical alliances, and public relations. The macho militarism (what current Prime Minister Ehud Olmert calls the “iron fist”) was made possible by the nationalist fervor of Jewish Israelis, and eventually (although not initially) by the very strong support of Jewish communities elsewhere in the world.

Geopolitically, Israel first forged an alliance with the Soviet Union (which was brief but crucial), then with France (which lasted a longer time and allowed Israel to become a nuclear power), and finally (and most importantly) with the United States. These allies, who were also patrons, offered most importantly military support through the provision of weapons. But they also offered diplomatic/political support, and in the case of the United States considerable economic support.

The public relations was aimed at obtaining sympathetic support from a wide swath of world public opinion, based in the early years on a portrait of Israel as a pioneering David against a retrograde Goliath, and in the last forty years on guilt and compassion over the massive Nazi extermination of European Jewry during the Second World War.

All these elements of Israeli strategy worked well from 1948 to the 1980s. Indeed, they were increasingly more effective. But somewhere in the 1980s, the use of each of the three tactics began to be counterproductive. Israel has now entered into a phase of the precipitate decline of its strategy. It may be too late for Israel to pursue any alternative strategy, in which case it will have committed geopolitical suicide. Let us trace how the three elements in the strategy interacted, first during the successful upward swing, then during the slow decline of Israel’s power.

For the first twenty-five years of its existence, Israel engaged in four wars with Arab states. The first was the 1948-1949 war to establish the Jewish state. The Israeli declaration of an independent state was not matched by a Palestinian declaration to establish a state. Rather, a number of Arab governments declared war on Israel. Israel was initially in military difficulty. However, the Israeli military were far better trained than those of the Arab countries, with the exception of Transjordan. And, crucially, they obtained arms from Czechoslovakia, acting as the agent of the Soviet Union.

By the time of the truce in 1949, the discipline of the Israeli forces combined with the Czech arms enabled the Israelis to win considerable territory not included in the partition proposals of the United Nations, including west Jerusalem. The other areas were incorporated by the surrounding Arab states. A large number of Palestinian Arabs left or were forced to leave areas under the control of the Israelis and became refugees in neighboring Arab countries, where their descendants still largely live today. The land they had owned was taken by Jewish Israelis.

The Soviet Union soon dropped Israel. This was probably primarily because its leaders quickly became afraid of the impact of the creation of the state on the attitudes of Soviet Jewry, who seemed overly enthusiastic and hence potentially subversive from Stalin’s point of view. Israel in turn dropped any sympathy for the socialist camp in the Cold War, and made clear its fervent desire to be considered a full-fledged member of the Western world, politically and culturally.

France at this time was faced with national liberation movements in its three North African colonies, and saw in Israel a useful ally. This was especially true after the Algerians launched their war of independence in 1954. France began to help Israel arm itself. In particular, France, which was developing its own nuclear weapons (against U.S. wishes), helped Israel do the same. In 1956, Israel joined France and Great Britain in a war against Egypt. Unfortunately for Israel, this war was launched against U.S. opposition, and the United States forced all three powers to end it.

After Algeria became independent in 1962, France lost interest in the Israeli connection, which now interfered with its attempts to renew closer relations with the three now independent North African states. It was at this point that the United States and Israel turned to each other to forge close links. In 1967, war broke out again between Egypt and Israel, and other Arab states joined Egypt. In this so-called Six Day War, the United States for the first time gave military weapons to Israel.

The 1967 Israeli victory changed the basic situation in many respects. Israel had won the war handily, occupying all those parts of the British mandate of Palestine that it had occupied before, plus Egypt’s Sinai Peninsula and Syria’s Golan Heights. Juridically, there was now a state of Israel plus Israel’s occupied territories. Israel began a policy of establishing

Jewish settlements in the occupied territories.

The Israeli victory transformed the attitude of world Jewry, which now overcame whatever reservations it had had about the creation of the state of Israel. They took great pride in its accomplishments and began to undertake major political campaigns in the United States and western Europe to secure political support for Israel. The image of a pioneering Israel with emphasis on the virtues of the kibbutz was abandoned in favor of an emphasis on the Holocaust as the basic justification for world support of Israel.

In 1973, the Arab states sought to redress the military situation in the so-called Yom Kippur war. This time again, Israel won the war, with U.S. arms support. The 1973 war marked the end of the central role of the Arab states. Israel could continue to try to get recognition from Arab states, and it did succeed eventually with both Egypt and Jordan, but it was now too late for this to be a way to secure Israel’s existence.

As of this point, there emerged a serious Palestinian Arab political movement, the Palestine Liberation Organization (PLO), which was now the key opponent of Israel, the one with whom Israel needed to come to terms. For a long time, Israel refused to deal with the PLO and its leader Yasser Arafat, preferring the iron fist. And at first, it was militarily successful.

The limits of the iron fist policy were made evident by the first intifada, a spontaneous uprising of Palestinian Arabs inside the occupied territories, which began in 1987 and lasted six years. The basic achievement of the intifada was twofold. It forced the Israelis and the United States to talk to the PLO, a long process that led to the so-called Oslo Accords of 1993, which provided for the creation of the Palestinian Authority in part of the occupied territories.

The Oslo Accords in the long run were geopolitically less important than the impact of the intifada on world public opinion. For the first time, the David-Goliath image began to be inverted. For the first time, there began to be serious support in the Western world for the so-called two-state solution. For the first time, there began to be serious criticism of Israel’s iron fist and its practices vis-à-vis the Arab Palestinians. Had Israel been serious about a two-state solution based on the so-called Green Line – the line of division at the end of the 1948-1949 war – it probably would have achieved a settlement.

Israel however was always one step behind. When it could have negotiated with Nasser, it wouldn’t. When it could have negotiated with Arafat, it wouldn’t. When Arafat died and was succeeded by the ineffectual Mahmoud Abbas, the more militant Hamas won the Palestinian parliamentary elections in 2006. Israel refused to talk to Hamas.

Now, Israel has invaded Gaza, seeking to destroy Hamas. If it succeeds, what organization will come next? If, as is more probable, it fails to destroy Hamas, is a two-state solution now possible? Both Palestinian and world public opinion is moving towards the one-state solution. And this is of course the end of the Zionist project.

The three-element strategy of Israel is decomposing. The iron fist no longer succeeds, much as it didn’t for George Bush in Iraq. Will the United States link remain firm? I doubt it. And will world public opinion continue to look sympathetically on Israel? It seems not. Can Israel now switch to an alternative strategy, of negotiating with the militant representatives of the Arab Palestinians, as an integral constituent of the Middle East, and not as an outpost of Europe? It seems quite late for that, quite possibly too late. Hence, the chronicle of a suicide foretold.