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On choosing between various seemingly pointless pro-Palestine actions

by Peter A. Belmont / 2010-10-03
© 2010 Peter Belmont


 
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The PLO’s continuing involvement in the “peace process” is undignified, considering Israel’s refusal to make a “just and lasting peace” as imagined by UNSC Res. 242.

The PLO should, instead, adopt the dignified (and steadfast) position of refusing to negotiate peace with Israel until Israel complies with international law (and previously made treaties and conventions) by removing all settlers and the separation wall from all territories occupied in 1967 and still occupied by Israel today—and by lifting the siege on Gaza.

The members of the UN should be invited to aid in reestablishing the rule of Law in this respect.

Trying to make peace before this is done is useless and undignified. Trying to make peace after this has been done (and after member states of the UN have used actual BDS-like actions to persuade Israel to comply with international law after 43 years of violating it) will have a better chance at achieving peace.
 

By and large, all major pro-Palestine actions which might be taken by governments other than those of the USA or Israel for the purpose of peace making are pointless in light of the joint Israeli-USA sturdy (and 40 year long) determination to prevent the emergence of the “just and lasting peace” imagined in UNSC 242 (1967). The philosophy and small successes of the BDS movement, however, suggest that there might be some international efforts that might bear fruit. More about that below.[1]

The so-called “peace-process” (sometimes derisively called the “peace-procession”) is an action aimed at mollifying the sensibilities of fundamentally decent and polite people who, for the maintenance of their own self-respect, need to believe that the USA and Israel are doing something to promote peace and that, indeed, that Israeli-Palestinian peace may be just around the corner. So appearances are kept up (persuasive at least for those not in the know) by the never-ending pretence of activity aimed at peace-making. But this pretence is undignified, especially for the Palestinians who by participating deny themselves the chance to take the principled position which I describe below.

Sadly, and unsurprisingly, few foreign ministers are willing to stand up in the UN and say, “The USA and Israel are not interested in making peace. Their “peace process”—like The Emperor’s New Clothes of the fairy tale—are illusory.

This reluctance is natural. Why should Mexico or France or Brazil or India or Cuba or Vietnam or Russia or China (or even Turkey) be sufficiently exercised over the human rights of Palestinians to oppose the USA?

Of course, it is easy for nations to posture about human rights, and they regularly do so, making noble speeches in the UN. But as to taking actual actions, why should it be supposed that it is in their interest to do so? Why should they rock the boat, especially over large-scale USA pressure not to do so? And which nation wishes to say, while peace negotiations are still under say—when all are invited to suppose that peace may be just around the corner—that it should knock this oh-so-valuable peace process into a cocked hat by taking steps to enforce international law where Israel violates it? (Would any policeman think to arrest a man who had evidently broken into a house and occupied part of it illegally if, at the time of the possible arrest, that man were engaged in negotiations to purchase the part of the house which he had illegally occupied? I’ll leave this speculation to you, dear reader.)

And what of the PLO which, alone, is deemed to speak for the Palestinian people? The PLO itself seems to be a leader in the race toward ineffectiveness (rather as if treading water until Israel self-destructs is the best they can hope to do). And yet, I believe they can do better, or at least—without doing any worse—act with greater dignity.

How does the PLO (or PA) spin its wheels? By continuing pointless “peace talks.”

Recently, for example, it has been saying it would agree to continue peace talks with Israel provided that Israel would agree to cease construction of new settlements.

But asking for a freeze on new construction is not asking much, considering that all the settlements Israel has built since 1967 within occupied territory have been illegal as the UNSC and International Court of Justice, and also the legal advisers of the US and Israeli State Departments, have said. And, oh yes, the settlers are present illegally in occupied territory and, by the way, just to make sure we’re all clear on this important point, all of the territory that Israel captured in June 1967, including any of it which Israel has since claimed to have “annexed”, is “occupied territory” in the contemplation of law, as repeatedly stated by the UNSC and UNGA and as stated by the ICJ in its July 9, 2004, advisory opinion.[2]

Moreover, asking for settlements freezes has gotten no-one any further along toward peace. Indeed, today, even with the USA making every effort to create the appearance of asking Israel for a freeze on settlements building, Israel has merrily continued building settlements in occupied East Jerusalem and will soon resume building in the West Bank generally (if it had not already done so). Israel thumbs its nose at the USA with impunity. It is undignified for the USA to go along with this charade, but the USA knows nothing of dignity.

More important, it is undignified for the Palestinian people to go along with this charade. They have abandoned dignity—by participating in the charade of the “peace process”—when instead they should have practiced “sumud” (steadfastness).

Maybe another tack would work better, or at least, no worse.

I suggest, therefore, that the PLO say,

We’ve reconsidered. We no longer ask for a unilateral and voluntary freeze on settlement building by Israel. Today, we say that we do not consider that either Israel or the USA is a legitimate negotiating partner at this time and will not become so until they have done two things.

First, each must admit that the settlements and the wall in occupied territories are all illegal and that all the settlers living in the settlements are residing illegally in occupied territories and that the Israeli siege of Gaza is illegal. Second, Israel must permanently remove the settlers and the wall from all occupied territories, and the siege of Gaza must be permanently lifted.

We do not ask this as a negotiating ploy.

We ask this as a minimal condition for Israeli compliance with treaties and conventions to which both the USA and Israel are signatories. If they will not comply with agreements already made (and made with parties far stronger—militarily and economically and politically—than the Palestinian people), then the Palestinian people cannot count on Israel to keep, or on the USA to guarantee or enforce, whatever agreement may arise from Israeli-Palestinian negotiations.

We will henceforward decline to participate in peace negotiations between Israel and the Palestinian people until Israel comes into compliance with international law at least in the manner discussed above.

And because we doubt that Israel will soon take such steps in the absence of pressure to do so, we respectfully request the members of the UN to adopt policies and practices aimed at pressing Israel to comply with international law.
[3]

Now such a position may seem extreme and pointless. What? After 43 years, ask Israel (and the USA) to comply with international law? That dog won’t hunt![4]

Well, perhaps. And one would not expect results soon, in any case.

But the nations have watched the “peace process” decline from something in which reasonable people could repose hope (Madrid, 1991) to something which is by common—if mostly silent—agreement, a useless charade (2010). And at the same time, they have seen international humanitarian and human rights law shown to be effectively fictions as Israel and the USA, as chief offenders, have ignored them.

One may hope that, one by one, the nations of the world, starting with the very smallest of baby steps and then, as momentum develops, continuing in larger and larger steps, will register their preference for a world subject to the Rule of Law over what we have today, a world ruled by the sole, and lawless, (military) superpower, the USA.

What might these steps be? The “baby steps” might be cessation of sports contact with Israel or denial of visas to Israelis. And, always, official speeches decrying Israeli violations of human rights and violations of international law. Larger steps might include removal of embassies and gradually increasing partial or general cessation of trade. No nation would have to take maximal steps all at once. Gradualism would be the key, together with constant repetition that the goal of these actions is that Israel conduct its occupations lawfully for as long as they continue, not in any way delegitimization of Israel within its widely-recognized pre-1967 borders.

But, some will say, that path has no future. The USA will use its economic and military power to prevent any states from attempting to exercise such pressure on Israel. No good will come of this now or later. If the nations could be shamed into action, they would have acted long ago, for Israel’s actions (such as its siege and pulverization of Gaza and its attacks on the Mavi Marmara, to choose recent well-publicized examples) have indeed shamed any nations capable of feeling shame.

Some will say that anything would be better than this for the Palestinians.

To this I would argue that this has not been tried and everything which has been tried has already failed. So why not act with dignity and make a stand for the Rule of Law?

And trust that the people (civil societies) who live in democracies and who have already started to move via the BDS process may move their own governments to take the baby steps, or the larger steps, which might bring a return to the Rule of Law.

And, lastly, what of peace? It is my fervent believe that peace will take care of itself if the nations exercise themselves sufficiently to bring about the restoration of the Rule of Law, and that, conversely, there will never be a “just and lasting peace” until then.

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[1] Others have similar ideas. See: Halper: American Jews (and the Congress) don’t want an Israel at peace. Halper says: “But I will tell you my formula for peace. You say to Israel three things. Obama and the international community have to say it.

”One, We love you. Israelis love to hear that. That’s where Sadat succeeded. He hugged Golda [Meir] and the Israelis melted. They just melted.” That is why Israel yielded the Sinai so easily in the end after a lot of bluster. “Obama would come and speak at the Knesset, Abu Mazen would go to Yad Vashem.

“Two, we will guarantee your security. Israelis are not committed to the occupation for ideological reasons, most Israelis aren’t, but because they don’t trust Arabs. If you can allay their fears that withdrawal won’t lead to Sderot, then they will do it... There are security arrangements that could be found to satisfy the Israeli public.

“Three, you say the occupation’s over. Period. You’re out of every square inch… Maybe parts of Gush Etzion would be swapped, but we’re back to the 1967 borders. And the Jewish Quarter in a shared Jerusalem, not a divided Jerusalem. The only resource Jerusalem has is its religious symbolism, and you want to give all the stakeholders a feeling of ownership.

“If that scenario were followed, you’d have dancing in the streets of Tel Aviv. This is what Israelis want. They want security. They don’t want to see Palestinians. This is what Ehud Barak ran on in 1999, for Labor. ‘Us here, them there.’ That’s what Israelis want, and that’s what the two state solution would do.”

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[2] These territories may also be “administered”. Outside of Antarctica, there is little land in the world that is not administered by some nation-state. But, whether or not administered, the lands captured in 1967 and so far still controlled by Israel, are “occupied territory”.

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[3] There is some possibility that the PA will abandon peace talks and, indeed, cease to operate as the PA, if President Abbas quits the peace talks and resigns due to Israel’s continued building of settlements. See analysis here.
Earlier this week, Abbas also threatened to resign if talks were to break down. According to Haaretz, Abbas’ resignation would mean “dismantling of the Palestinian Authority, since it was agreed inside the government that no one from the leadership of Fatah will step up to replace Abbas as president, and no new elections will be held.”


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[4] I once heard Israeli peacenik Uri Avnery tell his audience in a New York City synagogue that the enforcement of the Fourth Geneva Convention’s ban on settlement was a “dead letter”. What he hid from his audience and maybe from himself was that peace-making itself was rapidly becoming, if it was not already, a dead letter.




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