MIFTAH
Friday, 26 April. 2024
 
Your Key to Palestine
The Palestinian Initiatives for The Promotoion of Global Dialogue and Democracy
 
 
 

The Clinton-Arafat summit in Washington, April 20-21, produced a series of positive-sounding statements characterized mainly by vagueness and attention to atmospherics and intentions rather than tangible and substantive issues.

The “very positive dynamic” described by a senior White House official and the “genuine commitment of both sides to reach an agreement” by the September deadline remain in need of substantiation and verification.

It is not enough for Clinton to be “very encouraged by the attitude and the ideas and the willingness to tackle the hard issues” because “both sides are seriously addressing the key issues.”

No one doubts the seriousness of neither intent of the parties nor the difficulty of the issues at hand, particularly as it would be inconceivable for the parties to enter such a peace process with levity or flippancy of attitude, or to underestimate the magnitude and complexity of the “key issues.”

The real question centers on the American role and the responsibility of the US to bring the process to a conclusion that is not only workable, but also just and enduring—i.e. can the US translate all those “intangibles” into concrete strategies and policies to bring about new and stable realities?

For the US to leave the “back seat” allocated to it by Barak and agree to “be at the table,” and to “play a more involved role…in the coming weeks and months,” as declared by State Dept. spokesperson James P. Rubin, appears to be a step in the right direction—a shift from the passive to the active stance.

Involvement, however, requires a strategy and direction as well as a willingness to invest time, energy, credibility, and other resources at the disposal of the US to rectify the imbalance and inequities inherent in realities on the ground and incorporated within the peace process.

The first requirement is for the US to drop its mistaken notion of a “false symmetry” between the parties.

Israel is the occupying power that continues to annex territory, build settlements, control Palestinian resources and crossing points, impose closures, demolish homes, hold prisoners, and unilaterally dictate the course and outcome of negotiations.

The Palestinians can claim none of the above.

Israel embarked on final status talks with a maximalist position on the issues (the notorious red lines of Barak), while the Palestinians began with a minimalist approach consistent with international law.

Thus for Clinton and Rubin to announce blithely that both sides “can’t achieve 100% of their objectives” or that both sides have to make “difficult compromises” is a total disregard of the built-in imbalance and the inherent injustice of the occupier-occupied equation.

International law is also not subject to compromise. If the “acquisition of territory through war” is unacceptable and illegal, then the question is not one of quantity. The Palestinians should not be made party to the theft of their own land (regardless of the percentage) to keep the peace process alive.

Settlements (though still ongoing!) are also illegal, and Israel cannot bestow retroactive legality on three settlement clusters as a “concession” while introducing Israeli extraterritoriality and violating the Fourth Geneva Convention simultaneously.

Nor can Israel dictate new standards for Palestinian refugees in grave violation of all relevant UN resolutions and global precedents. The right of return is not a partial or subjective right; hence neither Israel nor the US should even envisage a day in which the majority of the Palestinian people (the refugees) would suddenly and miraculously abandon this right and declare themselves reconciled to their fate of victimization, exile, suffering, and injustice in perpetuity because of a “difficult compromise.”

If the peace process is to achieve peace and reconciliation, it should be an instrument of justice and a mechanism for the fair and legal resolution of the causes (and a redress for the victims) of the conflict.

Nor is international law subject to modification by ideology. Thus Jerusalem is not a matter of divine intervention or promise whereby God is made to take sides and grant absolute rights of sovereignty and exclusivity. “Eternal” capitals by divine right will lead to three mutually exclusive absolute claims for three religions. The law, which should apply equally to all parties, is the only instrument of human justice. Israel’s annexation of Jerusalem is not only unethical and immoral; it is also illegal—hence reversible. Jerusalem remains the key to peace, whether bilateral or regional, and its fate cannot be determined by ideology, coercion, or power politics.

Self-determination for the Palestinians is not an issue for discussion, compromise, or trade-off. It is not up to Israel to grant or withhold that right, nor is it subject to concession in terms of territory (settlements and Jerusalem) or rights (the refugees’ right of return) or timetables (postponing these issues again).

The US also cannot persist in its willful disregard of Palestinian and Arab public opinion.

Extracting concessions from the Palestinian (and Arab) side on behalf of Israel by using the excuse of Israeli “democracy” and public opinion is itself an act of total insensitivity to Arab public opinion. The misguided notion that Palestinian (and Arab) leadership is not subject to public accountability is an obsolete and seriously flawed assumption.

No leadership is willing or able to negate its legitimacy and undermine its standing with its own people by negotiating away their most basic rights for the sake of a fleeting photo opportunity, whether in the White House or anywhere else.

Symptoms of the volatility within the Palestinian public are already in evidence, and any breakdown or eruption is liable to have a ripple effect and a devastating impact on the whole peace process.

For the US to ask both sides to be “flexible” and “creative” is tantamount to asking the Palestinians to self-destruct. Such “creativity” in finding “ways around … gaps” is an invitation to fall into the abyss. International law does not require imagination; it is in urgent need of compliance and enforcement.

If the US needs to be “at the table” still to “assess” where the sides stand on these issues, then it has wasted an enormous amount of time, energy, and funds in repeatedly sending envoy Ross and his team to the region for endless meetings and study sessions.

The time has come for the US to roll up its sleeves and show some political muscle.

This time, it is hoped, the full brunt of its intervention will not be borne by the weaker (Palestinian) side to demonstrate its commitment to the peace process by making yet more concessions and accepting more modifications and denials.

This is the moment of truth. We are not embarking on yet another transitional phase nor are we accepting further fragmentation and functional diversions.

If the US involvement will labor forth and give birth to yet another P/I document with more italics, brackets, and bold print to indicate differences, then it would be a wasted/wasteful investment.

More appropriately, a boldness of vision and a willingness to “take risks to produce a meaningful [peace]” are the challenges looming with the April 30 meetings.

The “more involved role at the table” for the US is not an end unto itself. The nature of that role, the direction of US policy and pressure (or persuasion) are the determining factors.

It is not lack of familiarity or insufficient exposure that has plagued the process. Rather, it is the lack of political will to ensure the imperatives of peace with justice that has been lacking.

If the Palestinians are once again willing to give this process (and American-Israeli commitments) the benefit of the doubt, this should by no means be read as a sign of infinite patience.

All things — good and bad — come to an end.

 
 
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