MIFTAH
Tuesday, 2 July. 2024
 
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The Palestinian Initiatives for The Promotoion of Global Dialogue and Democracy
 
 
 

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After weeks of issuing adamant statements to the contrary, the orphaned Israeli cabinet led by acting PM Ehud Olmert decided unanimously this Sunday to allow a limited number of Palestinian residents of east Jerusalem (a maximum of 5,000 out of a total population of 240,000) to vote through absentee ballots in the upcoming Palestinian legislative elections, while at the same time insisting that Hamas would not be allowed “under any circumstances” to campaign in the contested city.  The veiled statement issued on the subject by Israeli Foreign Ministry Mark Regev today had about it the whiff of a face-safer: “In light of the Palestinian Authority’s explicit commitment to disband Hamas and its terror infrastructure after and as a result of the elections, Israel will not provide the Palestinian Authority any excuse for postponement of the elections.” 

 

This two-pronged decision, essentially a realist’s compromise that allows Israel to give into one key Palestinian demand while refusing another, was likely forced on the rump Olmert-led cabinet by pressures emanating from an assortment of contrary sources.  The first among these were the Americans, who commendably insisted that the Israelis allow the Palestinian elections to be free and fair (although the discussion on what exactly would constitute such fairness was less commendable, with equivocal statements being issued daily by various American officials about the impossibility of a Palestinian Authority that included “terrorists”).  The second was an unusually firm President Abbas, who consistently stuck to his position that elections would be postponed unless all candidates were allowed to freely campaign, and unless Palestinians in Jerusalem were allowed to vote (with the implicit threat of a spiraling anarchy in the Territories, and a consequent violent spill-over in Israel, in the event of such postponement).  The third was Hamas itself, whose cadres darkly hinted at “other methods” if the party were not allowed to campaign freely in Jerusalem.  Then, fourth, and from the opposite direction, were the rightist (and centrist) Israeli politicians, military officials and security hawks who insisted that Hamas, as a terrorist group that has yet to give up arms and renounce the language in its charter that calls for Israel’s destruction, has no right to campaign in the “undivided Jerusalem” that is claimed as the capital of Israel.

 

These contrary pressures resulted in a conflation, in the minds of Israeli officials, of two issues that have nothing to do with each other (apart from the fact that both make evident Israeli’s ability and willingness to interfere in internal Palestinian matters).  The first issue is about voter eligibility - do Palestinian Jerusalemites have the right to vote from Jerusalem in the parliamentary elections? – and the answer depends on whether east Jerusalem, which was annexed illegally by Israel in the war of 1967 and which is claimed by Palestinians as their capital, is to be considered, for the purposes of the election, part of the Palestinian Territories.  The second issue is about candidate eligibility:  does Israel have the right to determine the palatability of candidates in Palestinian elections?  Both issues, of course, hinge on the central question of agency, i.e., who decides?

 

The answer, clearly, to both these questions is: “not Israel.”  Despite the apparent magnanimity of the Cabinet decision arrived at on Sunday, Israel has no legal right to interfere in either issue:  because Israel’s occupation (and subsequent annexation) of east Jerusalem is not legal under international law, Palestinian residents of east Jerusalem are, under that same law, considered occupied subjects who have the right to vote in their own elections.  (The clarity of international law on the subject is, however, obfuscated by a fuzzy Oslo-era agreement signed between the PNA and the then-Israeli government that essentially allows Israel to circumscribe the numbers of Palestinian Jerusalemites allowed to vote in PNA elections).  And because the legislative elections are an internal Palestinian matter, no external party can interfere with candidate selection without also severely compromising the sovereignty of the institution in question (in this case, the Palestinian Legislative Council and, in turn, the Palestinian National Authority).

 

Thus, Israel’s last-minute decision to allow a limited number of Palestinian Jerusalemites to vote through absentee ballots at Jerusalem post offices (manned by Israeli postal authorities who know nothing about correct electoral practices), and to prevent candidates from Hamas from campaigning openly in Jerusalem, is an imperfect compromise that essentially places a band-aid over a gaping wound: it allows the elections to go on as scheduled, thereby preventing further anarchy in the Territories; it allows the PNA to pretend, on election day at least, that it exercises sovereign control over the Palestinian Territories; and it allows the people of Palestine to believe, for a day, that they are able to freely exercise the right to determine how they are to be governed.

 

The Israeli Cabinet may have struggled hard to find a way to balance competing pressures to arrive at this decision, but it did not struggle hard enough to arrive at an answer to the essential question that lies underneath: who decides?

 

 

 

 
 
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