FacebookTwitterGoogle+RedditEmail

The Bottom Line for Palestinians

by

Suppose the US Secretary of State, John Kerry, fails to cajole the Israeli and Palestinian leaders into finally ending their conflict. What would happen next?

A tsunami of pent-up animosities is likely to be unleashed, with each side holding the other responsible for the failure and calling for retribution. Attempts to indict and isolate each other would gather pace and violence might return with a vengeance. The toxins let loose will inevitably have global spillover.

For over twenty years process has trumped outcome, but it is now in danger of being out-trumped itself by the total collapse of the only internationally recognized paradigm for a solution to the conflict. A new international strategy urgently needs to be devised and made ready as an alternative to the prospect of failed bilateral negotiations. Any such strategy should be rooted in a vision of the endgame, based on the principles of a rapid end to the Israeli occupation and equality between Palestinians and Israelis.

Our proposal takes as its starting point the need to resolve two crucial ambiguities regarding Israel’s control of the West Bank and Gaza: its rule over the Palestinians and the colonization of their land. Resolving these matters are essential to achieving a final resolution of the conflict.

First, is it, or is it not, an occupation? The entire world, including the US, thinks it is, and therefore considers the Fourth Geneva Convention and other relevant provisions of international law to apply. The Israeli government contests this on technical grounds, arguing that the Geneva Convention relates only to the sovereign territory of a High Contracting Party, and that Jordan and Egypt did not have legal sovereignty over the West Bank and Gaza Strip (respectively) when they previously governed these territories.

On the basis of this reasoning, Israel has maintained that the Geneva Convention does not strictly apply, and therefore it is not legally forbidden from annexing, expropriating and permanently settling parts of the territory it captured during the 1967 Arab-Israel war.

But at other times, the Israeli authorities rely on the Geneva Convention to validate its policies, particularly with regard to treating Palestinians under Israel’s jurisdiction but outside its sovereign territory differently from Israeli citizens, citing the provisions that prohibit altering the legal status of an occupied territory’s inhabitants.

This ambiguity has served the occupying power well, enabling it to cherry-pick the articles of the Geneva Convention and have the best of both worlds, while the occupied people has the worst of them.

Second, at what point does an occupation cease to be an occupation and become a permanent or quasi-permanent state of affairs? Nearly half a century on, during which time significant alterations have been made to the infrastructure of the territory, is it realistic for the Israeli occupation still to be deemed simply an ‘occupation’, with its connotation of temporariness?

Our contention is that the occupying power should no longer be able to have it both ways. The laws of occupation either apply or do not apply. If it is an occupation, it is beyond time for Israel’s custodianship — supposedly provisional — to be brought to an end. If it is not an occupation, there is no justification for denying equal rights to everyone who is subject to Israeli rule, whether Israeli or Palestinian. Successive Israeli governments have got away with a colossal bluff for nearly 47 years. It is time to call that bluff and compel a decision.

The Israeli government should be put on notice that, by the 50th anniversary of the occupation, it must make up its mind definitively one way or the other. A half a century is surely enough time to decide. This would give it until June 2017 to make its choice between relinquishing the occupied territory — either directly to the Palestinians or possibly to a temporary international trusteeship in the first instance — or alternatively granting full and equal citizenship rights to everyone living under its jurisdiction.

Should Israel not choose the first option by the target date, it would be open to the international community to draw the conclusion that its government had plumped by default for the second option of civic equality. Other governments, individually or collectively, and international civil society, may then feel at liberty to hold the Israeli government accountable to that benchmark.

The three-year window would be likely to witness vigorous debate within Israel and induce new political currents that may be more conducive to a swift and authentic deal with the Palestinians over two states, probably within the framework of the 2002 Arab Peace Initiative for which there is polling evidence of growing support among the Israeli population.

We need to break free of the divisive and increasingly stifling one-state-versus-two-states straightjacket that tends to polarize debate and in practice ends up perpetuating the status quo — which is a form of one state, albeit an inequitable one. The aim of our proposal is to bring matters to a head and to enable people to advocate equal rights for Palestinians and Israelis, in one form or another, free of the implication that this necessarily carries a threat to the existence of the state of Israel.

To be clear, this is not a call for a unitary state. How Israelis and Palestinians wish to live alongside each other is for them to decide and the indications still are that both peoples prefer to exercise their self-determination in their own independent states. Our proposal would not foreclose this option. It would remain open to the Palestinians to continue to agitate for sovereignty over the West Bank and Gaza, for a future Israeli government to relinquish these territories and, in extremis, for the Security Council to enforce the creation of two states through the UN Charter’s Chapter VII mechanism. However, until this is finally determined, equal treatment should replace ethnic discrimination as the legitimate default position recognized by the international community.

A similar principle should extend throughout the region. The stateless Palestinians — not just the four million living under Israeli military occupation but also the five million who have been living as refugees in the surrounding states for the past 66 years — suffer discrimination all over the Middle East. In almost every Arab state, their rights are severely curtailed and they are mostly denied citizenship, even where they, their parents or their grandparents were born in the country. Whatever may have been the original explanation, their continuing limbo status is shameful so many years on.

The bottom line is that until the Palestinians, like the Israelis, achieve their primary choice of self-determination in their own state (if ever they do), they should no longer, in the modern era, be denied equal rights in whatever lands they inhabit. In the case of Israel and its indefinite occupation, this means putting an end to the ambiguities that have lasted for far too long. Suppose the US Secretary of State, John Kerry, fails to cajole the Israeli and Palestinian leaders into finally ending their conflict. What would happen next?

A tsunami of pent-up animosities is likely to be unleashed, with each side holding the other responsible for the failure and calling for retribution. Attempts to indict and isolate each other would gather pace and violence might return with a vengeance. The toxins let loose will inevitably have global spillover.

For over twenty years process has trumped outcome, but it is now in danger of being out-trumped itself by the total collapse of the only internationally recognized paradigm for a solution to the conflict. A new international strategy urgently needs to be devised and made ready as an alternative to the prospect of failed bilateral negotiations. Any such strategy should be rooted in a vision of the endgame, based on the principles of a rapid end to the Israeli occupation and equality between Palestinians and Israelis.

Our proposal takes as its starting point the need to resolve two crucial ambiguities regarding Israel’s control of the West Bank and Gaza: its rule over the Palestinians and the colonization of their land. Resolving these matters are essential to achieving a final resolution of the conflict.

First, is it, or is it not, an occupation? The entire world, including the US, thinks it is, and therefore considers the Fourth Geneva Convention and other relevant provisions of international law to apply. The Israeli government contests this on technical grounds, arguing that the Geneva Convention relates only to the sovereign territory of a High Contracting Party, and that Jordan and Egypt did not have legal sovereignty over the West Bank and Gaza Strip (respectively) when they previously governed these territories.

On the basis of this reasoning, Israel has maintained that the Geneva Convention does not strictly apply, and therefore it is not legally forbidden from annexing, expropriating and permanently settling parts of the territory it captured during the 1967 Arab-Israel war.

But at other times, the Israeli authorities rely on the Geneva Convention to validate its policies, particularly with regard to treating Palestinians under Israel’s jurisdiction but outside its sovereign territory differently from Israeli citizens, citing the provisions that prohibit altering the legal status of an occupied territory’s inhabitants.

This ambiguity has served the occupying power well, enabling it to cherry-pick the articles of the Geneva Convention and have the best of both worlds, while the occupied people has the worst of them.

Second, at what point does an occupation cease to be an occupation and become a permanent or quasi-permanent state of affairs? Nearly half a century on, during which time significant alterations have been made to the infrastructure of the territory, is it realistic for the Israeli occupation still to be deemed simply an ‘occupation’, with its connotation of temporariness?

Our contention is that the occupying power should no longer be able to have it both ways. The laws of occupation either apply or do not apply. If it is an occupation, it is beyond time for Israel’s custodianship — supposedly provisional — to be brought to an end. If it is not an occupation, there is no justification for denying equal rights to everyone who is subject to Israeli rule, whether Israeli or Palestinian. Successive Israeli governments have got away with a colossal bluff for nearly 47 years. It is time to call that bluff and compel a decision.

The Israeli government should be put on notice that, by the 50th anniversary of the occupation, it must make up its mind definitively one way or the other. A half a century is surely enough time to decide. This would give it until June 2017 to make its choice between relinquishing the occupied territory — either directly to the Palestinians or possibly to a temporary international trusteeship in the first instance — or alternatively granting full and equal citizenship rights to everyone living under its jurisdiction.

Should Israel not choose the first option by the target date, it would be open to the international community to draw the conclusion that its government had plumped by default for the second option of civic equality. Other governments, individually or collectively, and international civil society, may then feel at liberty to hold the Israeli government accountable to that benchmark.

The three-year window would be likely to witness vigorous debate within Israel and induce new political currents that may be more conducive to a swift and authentic deal with the Palestinians over two states, probably within the framework of the 2002 Arab Peace Initiative for which there is polling evidence of growing support among the Israeli population.

We need to break free of the divisive and increasingly stifling one-state-versus-two-states straightjacket that tends to polarize debate and in practice ends up perpetuating the status quo — which is a form of one state, albeit an inequitable one. The aim of our proposal is to bring matters to a head and to enable people to advocate equal rights for Palestinians and Israelis, in one form or another, free of the implication that this necessarily carries a threat to the existence of the state of Israel.

To be clear, this is not a call for a unitary state. How Israelis and Palestinians wish to live alongside each other is for them to decide and the indications still are that both peoples prefer to exercise their self-determination in their own independent states. Our proposal would not foreclose this option. It would remain open to the Palestinians to continue to agitate for sovereignty over the West Bank and Gaza, for a future Israeli government to relinquish these territories and, in extremis, for the Security Council to enforce the creation of two states through the UN Charter’s Chapter VII mechanism. However, until this is finally determined, equal treatment should replace ethnic discrimination as the legitimate default position recognized by the international community.

A similar principle should extend throughout the region. The stateless Palestinians — not just the four million living under Israeli military occupation but also the five million who have been living as refugees in the surrounding states for the past 66 years — suffer discrimination all over the Middle East. In almost every Arab state, their rights are severely curtailed and they are mostly denied citizenship, even where they, their parents or their grandparents were born in the country. Whatever may have been the original explanation, their continuing limbo status is shameful so many years on.

The bottom line is that until the Palestinians, like the Israelis, achieve their primary choice of self-determination in their own state (if ever they do), they should no longer, in the modern era, be denied equal rights in whatever lands they inhabit. In the case of Israel and its indefinite occupation, this means putting an end to the ambiguities that have lasted for far too long.

Sam Bahour is a Palestinian-American business consultant in Ramallah and serves as a policy adviser to Al-Shabaka, the Palestinian Policy Network.

Tony Klug is a veteran Middle East analyst and a special advisor to the Oxford Research Group.

This article originally appeared in the English language edition of Le Monde Diplomatique.

More articles by:

CounterPunch Magazine

minimag-edit

bernie-the-sandernistas-cover-344x550

zen economics

Weekend Edition
December 09, 2016
Friday - Sunday
Jeffrey St. Clair
Roaming Charges: Nasty As They Wanna Be
Henry Giroux
Trump’s Second Gilded Age: Overcoming the Rule of Billionaires and Militarists
Andrew Levine
Trump’s Chumps: Victims of the Old Bait and Switch
Chris Welzenbach
The Forgotten Sneak Attack
Lewis Lapham
Hostile Takeover
Joshua Frank
This Week at CounterPunch: More Hollow Smears and Baseless Accusations
Paul Street
The Democrats Do Their Job, Again
Vijay Prashad
The Cuban Revolution: Defying Imperialism From Its Backyard
Michael Hudson - Sharmini Peries
Orwellian Economics
Mark Ames
The Anonymous Blacklist Promoted by the Washington Post Has Apparent Ties to Ukrainian Fascism and CIA Spying
Erin McCarley
American Nazis and the Fight for US History
Yoav Litvin
Resist or Conform: Lessons in Fortitude and Weakness From the Israeli Left
Conn Hallinan
India & Pakistan: the Unthinkable
Andrew Smolski
Third Coast Pillory: Nativism on the Left – A Realer Smith
Joshua Sperber
Trump in the Age of Identity Politics
Brandy Baker
Jill Stein Sees Russia From Her House
Katheryne Schulz
Report from Santiago de Cuba: Celebrating Fidel’s Rebellious Life
Nelson Valdes
Fidel and the Good People
Norman Solomon
McCarthy’s Smiling Ghost: Democrats Point the Finger at Russia
Renee Parsons
The Snowflake Nation and Trump on Immigration
Margaret Kimberley
Black Fear of Trump
Michael J. Sainato
A Pruitt Running Through It: Trump Kills Nearly Useless EPA With Nomination of Oil Industry Hack
Ron Jacobs
Surviving Hate and Death—The AIDS Crisis in 1980s USA
David Swanson
Virginia’s Constitution Needs Improving
Louis Proyect
Narcos and the Story of Colombia’s Unhappiness
Paul Atwood
War Has Been, is, and Will be the American Way of Life…Unless?
John Wight
Syria and the Bodyguard of Lies
Richard Hardigan
Anti-Semitism Awareness Act: Senate Bill Criminalizes Criticism of Israel
Kathy Kelly
See How We Live
David Macaray
Trump Picks his Secretary of Labor. Ho-Hum.
Howard Lisnoff
Interview with a Political Organizer
Yves Engler
BDS and Anti-Semitism
Adam Parsons
Home Truths About the Climate Emergency
Brian Cloughley
The Decline and Fall of Britain
Eamonn Fingleton
U.S. China Policy: Is Obama Schizoid?
Graham Peebles
Worldwide Air Pollution is Making us Ill
Joseph Natoli
Fake News is Subjective?
Andre Vltchek
Tough-Talking Philippine President Duterte
Binoy Kampmark
Total Surveillance: Snooping in the United Kingdom
Guillermo R. Gil
Vivirse la película: Willful Opposition to the Fiscal Control Board in Puerto Rico
Patrick Bond
South Africa’s Junk Credit Rating was Avoided, But at the Cost of Junk Analysis
Clancy Sigal
Investigate the Protesters! A Trial Balloon Filled With Poison Gas
Pierre Labossiere – Margaret Prescod
Human Rights and Alternative Media Delegation Report on Haiti’s Elections
Charles R. Larson
Review:  Helon Habila’s The Chibok Girls: the Boko Haram Kidnappings and Islamist Militancy in Nigeria
David Yearsley
Brahms and the Tears of Britain’s Oppressed
FacebookTwitterGoogle+RedditEmail