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Vol 7, Number 4: 23 July 2010

Mon, 07/26/2010 - 14:26
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NOTE: The views expressed in certain articles are not necessarily those of the SAZF



OPINION and ANALYSIS
Vol 7, Number 4: 23 July 2010



Why are the Palestinians opposed to ending the Occupation? - Jonathan Halevi, Global Law Forum, 22 July 2010

Foreign Minister Lieberman's plan to assist the Gaza Strip in becoming an independent entity has encountered wall-to-wall Palestinian opposition. The dual-headed Palestinian regime in Ramallah (Fatah) and in the Gaza Strip (Hamas) totally rejects Lieberman's proposal to recruit the European Union to build power stations to supply electricity, desalination stations and a sewage treatment plant. This was to be part of a plan that would totally sever all connections with Israel, which would forego its naval supervision over merchandise entering the port of Gaza and would totally seal the border with the Gaza Strip.

The arguments against exercising Palestinian independence resemble each other. Nabil Abu Rudeineh, spokesperson for the Palestinian presidency at Ramallah, views Lieberman's plan as a plot "against the Palestinian people's aspirations for unity, liberty and independence" and as one that "expresses the aspirations of the Israeli extreme right." Ahmad Assaf, spokesperson for the Fatah organization that props up the Palestinian Authority, argued that the Gaza Strip is still under "Israeli occupation" and so it will remain, because the Strip constitutes a single geographic unit with the West Bank and East Jerusalem. Sami Abu Zuheiri, a Hamas spokesperson, explained that "although Gaza was liberated in practice from the military and settlement presence, it is still from a legal and practical standpoint under occupation" and the Lieberman initiative is "an attempt to elude the responsibility imposed on the occupation." Abu Zuheiri argued that Israel, "the occupying country," must continue to provide for the Gaza Strip's needs including food, electricity, and fuel.

The Hamas position exemplifies one of the major absurdities of the Israeli-Palestinian conflict. Hamas, which took pride in liberating the Gaza Strip from the Israeli occupation via Jihad, is struggling with all its might to preserve the "Israeli occupation" of the Gaza Strip and obligate Israel to continue transferring supplies to an entity that avowedly declares that it will liberate all of Palestine, liquidate the State of Israel, and kill and expel its Jewish inhabitants. Hamas receives support for its position from international human rights organizations (Amnesty, Human Rights Watch), Palestinians and Israelis. These, similar to Hamas, vigorously argue that Israel is still "an occupying force" and therefore it must concern itself with "the security and welfare of the Gaza residents." Unfortunately, the position of the human rights organizations on which Hamas relies raises substantial questions. If Israel is still an "occupying force” in the Gaza Strip, as they contend, why do these organizations not demand that Israel exercise its obligation to assure the security of the Gaza residents and operate against the Hamas regime, that is gradually applying Islamic law in the Gaza Strip while flagrantly trampling human rights, suppressing the opposition with an iron hand and by executions?

Furthermore, not a single one of the human rights organizations suggests the necessary conditions for the conclusion of the "occupation," but all are demanding that it should be extended by a full opening of the border. This position constitutes a paradox because if Israel was to lift the siege pursuant to the human rights organizations' demands (including the naval siege and control of airspace), then the occupation is presumed to have concluded, and therefore Israel will no longer be under the obligation to concern itself with the Gaza population. Even currently there is no real effective Israeli "siege" and the Gaza Strip is not a "prison," as the data of the Hamas government on the transit of goods (imports of $1 billion per year) and people (scores of thousands, including personnel of the Hamas military wing) via the border with Egypt will attest.

Egypt as well is interested in the continuation of the occupation and it once again warns Israel that it should not dare rid itself of it. The official explanation explicitly clarifies the official Egyptian policy: "Concurrence with the argument that posits that the Gaza Strip is considered liberated territory conveys reconciliation with the plan that attempts to impose the burden of managing the Strip on the neighbor who lives in proximity to it, namely Egypt. One must not agree to this, because this will provide Israel with an excellent escape outlet from the strait of the occupation and transfer its repercussions to Egypt, and this could result in the liquidation of the Palestinian problem."

Given this background, the question of why everybody is so enamored of the Israeli “occupation" is accentuated. Why are the Palestinians still adamant in their opposition to receiving total independence, at least at the first stage, on part of Palestinian territory? A possible key to the answer to the question was provided by Prof. Anat Biletzki, formerly the chairperson of the B’tselem organization, who warned in a lecture at MIT in 2007 of the danger that the Palestinian leadership, due to its fatigue, might agree to the establishment of a Palestinian state on part of Palestinian soil and two-state solution. Biletzki argued that only the solution of a single state in the entire territory of Palestine can provide a just and realistic solution, and she then proceeded to sharply criticize the preparedness of Prof. Sari Nusseibeh to forgo the refugees' right of return.

This is primarily the guiding logic behind the position of the Palestinian leadership that has not renounced the idea of liberating Palestine in its entirety. Five years have elapsed since the Israeli withdrawal from the Gaza Strip and the Hamas government continues to preserve the refugee camps despite their crowded conditions and immense deprivation, and continues to demand international assistance to help them via UNRWA. Housing refugees in the areas of the settlements that were vacated in Gaza (or by the Palestinian Authority in the West Bank) will not impair the right of the refugees to raise their right of return during negotiations, just as the rights of Palestinians defined as refugees living in cities and abroad is not impaired. However the objective of both the Palestinian Authority and the Hamas government is identical, namely, keeping the lava of the refugee problem at full boil, as this constitutes the key to the ultimate objective of the historic Palestinian odyssey – the liquidation of the State of Israel as a Jewish state. This is the real reason behind the Palestinian love affair with the "Israeli occupation." Hamas wants to eat out of Israel's hand and then proceed to eat the hand itself and the entire body. Israel's opposition to placing the noose over its neck with its own hands is depicted by Hamas as a violation of international law.




US rethinks tactics for 'Muddle East' - Ehud Yaari, The Australian, 21 July 2010

The foreign policy team of US President Barack Obama is undertaking a reassessment of its policy all over the Middle East, including Israel. No one has made or will make a public declaration about such a change, but a reassessment is nonetheless under way, and we can already detect the first products of this rethinking of policy.

The policy of keeping a distance from Israel, of picking fights with Israeli Prime Minister Benjamin Netanyahu, led nowhere. There was a nominal freeze of construction in the settlements. The settlement freeze was not important in the first place and Mr Obama has decided, as you could tell during his latest meeting with Netanyahu, not to make it the central issue anymore.

Instead, we are going to see a policy that emphasises co-operation with Israel, understanding of Israel, working together, hand in hand, to bring the Palestinians to direct negotiations with Israel, instead of what is now in place -- proximity talks. Nobody talks about anything serious in proximity talks; you don't show your cards to George Mitchell, the US mediator, as much as you may respect him.

They have reached the conclusion that keeping a distance from Israel, picking unnecessary fights with Israel, was not going to advance the peace process. They are not getting anything in return from the Arab world. This is why Rahm Emanuel, chief of staff to Obama, when he came to Israel recently on a private visit, a bar mitzvah for his son, said in so many words, "We screwed up".

There has also been a change of heart in Washington concerning Iran. I have solid information indicating that the top echelons of the administration -- National Security Council, Pentagon, State Department -- have reached the conclusion that the US cannot adopt the option of containing a nuclear Iran.

The option of accepting a nuclear Iran, unwillingly of course, and then trying to contain it, was advocated by many important players on the American foreign policy scene. This option is now apparently off the table.
There is a change of policy not only in terms of sanctions, both at the UN Security Council and those unilateral sanctions now imposed by both the US, the EU and others; but also an understanding by the administration that in no way can Iran be allowed to acquire a nuclear weapon.

How do we know this? Among other things, because this is what the Americans have been telling Arab leaders over recent weeks.

And why have they changed their minds? Because of what the leaders of the Gulf states, including the king of Saudi Arabia, have been saying to Obama for some time now; "We can’t live with a nuclear Iran."

This is something dramatic which also provides a basis for a new understanding with Israel. I make a caveat here -- the fact that the Americans have reached a conclusion that they will not allow Iran to go nuclear does not mean Mr Obama has to take a decision in half a year, a year, or even two.

They have time. There is a very big difference between having enough enriched uranium for two bombs, or in a few months for three bombs, and the capability to package highly enriched uranium into a nuclear warhead that can be carried by a long-range, Shahab-3 missile, into the stratosphere, out of the stratosphere, and hit a target. The Iranians are not there.

So, of course, the effort to stop the Iranians should be taking place now, but we have to have a realistic view of the timeframe that we are discussing.

And finally, Iraq. In Iraq we had elections that constitute, in my humble opinion, a major victory to George W. Bush. The good guys won. The two main secular lists, Iyad Allawi's Iraqia, which is a Sunni-Shia alliance backed by Saudi Arabia, and Prime Minister Nouri al-Maliki's State of Law list, both won in the elections. And when people at the National Security Council in Washington are looking at Iraq they are saying there is a huge opportunity there.

US troops have to start moving out, this year. But, suddenly, on Iraq, new music is played on the White House piano. They are saying, "The Americans may be out, but we need UN forces". That will consist of basically American soldiers. They do not want a government in Iraq that is going to be influenced, sponsored, coerced if you want, by the neighbouring Iranians, and will find a way to ensure this does not happen.

I believe Mr Obama and some of the people around him are reaching the conclusion a policy that is based on engagement, on "unclenching the fist", "let's talk", and especially, "let's talk to enemies", is probably a good campaign slogan.

But in the "Muddle East" region, where I come from, it doesn't really work. They got a no for an answer from the Syrians, they repeatedly get a no from the Iranians, they get slapped back all over the place. They are saying to themselves, "That's about as much as we are prepared to take."




Who's against a Two-State Solution? - Efraim Karsh, Middle East Forum, 20 July 2010

"Two states, living side by side in peace and security." This, in the words of President Barack Obama, is the solution to the century-long conflict between Jews and Palestinian Arabs in the Middle East. Washington is fully and determinedly on board. So are the Europeans. The UN and the "international community" vociferously agree. Successive governments of the state of Israel have shown their support for the idea. So far, there is—just as there has always been—only one holdout.

The story begins a long time ago. In April 1920, the newly formed League of Nations appointed Britain as the mandatory power in Palestine. The British were committed, via the Balfour Declaration, to facilitating the establishment of a Jewish national home in Palestine. But they were repeatedly confronted with violent Arab opposition, which they just as repeatedly tried to appease. As early as March 1921, they severed the vast and sparsely populated territory east of the Jordan River ("Transjordan") from the prospective Jewish national home and made Abdullah, the emir of Mecca, its effective ruler. In 1922 and 1930, two British White Papers limited Jewish immigration to Palestine and imposed harsh restrictions on land sales to Jews.

But the violence mounted, and in July 1937 it reaped its greatest reward when a British commission of inquiry, headed by Lord Peel, recommended repudiating the terms of the mandate altogether. In its stead, the commission now proposed a two-state solution: the partitioning of Palestine into an Arab state, united with Transjordan, that would occupy some 85 percent of the mandate territory west of the Jordan river, and a Jewish state in the remainder. "Half a loaf is better than no bread," the commission wrote in its report, hoping that "on reflection both parties will come to realize that the drawbacks of partition are outweighed by its advantages."

But partition did not happen. While the Zionist leadership gave the plan its halfhearted support, Arab governments and the Palestinian Arab leadership (with the sole exception of Abdullah, who viewed partition as a steppingstone to the vast Arab empire he was striving to create) dismissed it out of hand.

The same thing happened in November 1947 when, in the face of the imminent expiration of the British mandate, the UN General Assembly voted to partition Palestine. Rejecting the plan altogether, the Arab nations attempted to gain the whole by destroying the state of Israel at birth. This time, however, Arab violence backfired. In the ensuing war, not only did Israel confirm its sovereign independence and assert control over somewhat wider territories than those assigned to it by the UN, but the Palestinian Arab community was profoundly shattered, with about half of its members fleeing to other parts of Palestine and to neighboring Arab states.

But the results hardly won the Arabs over to the merits of the two-state solution. Rather, the Arab states continued to manipulate the Palestinian cause to their own several ends. Neither Egypt nor Jordan permitted Palestinian self-determination in the parts of Palestine they had occupied during the 1948 war. Jordan annexed the West Bank in April 1950, while Egypt kept the Gaza Strip under oppressive military rule. No new Palestinian leadership was allowed to emerge. Only after the conquest of these territories by Israel during the June 1967 Six-Day war, and the passage five months later of UN Security Council Resolution 242, would their political future become a question of the first order.

At the time, though, nobody envisaged a return to the two-state solution. To the contrary: Palestinian nationhood was rejected by the entire international community, including the western democracies, the Soviet Union (then the foremost supporter of radical Arabism), and the Arab world itself (as late as 1974, Syrian President Hafez al-Assad openly referred to Palestine as "a basic part of southern Syria"). Instead, under Resolutions 242's "land for peace" terms, it was assumed that any territories evacuated by Israel would be returned to their pre-1967 Arab occupiers: Gaza to Egypt, and the West Bank to Jordan. The resolution did not even mention the Palestinians by name, affirming instead the necessity "for achieving a just settlement of the refugee problem"—a clause that applied not just to Arabs but to the hundreds of thousands of Jews expelled from Arab states following the 1948 war.

What, then, about the Palestine Liberation Organization (PLO), established in 1964 at the initiative of Egypt's President Gamal Abdel Nasser? Through a sustained terror campaign in the late 1960s and early 1970s, most notably including the massacre of eleven Israeli athletes at the September 1972 Munich Olympics, the PLO would gradually establish itself as a key international player. In October 1974 it was designated by the Arab League as the "sole legitimate representative" of the Palestinian people, and in the following month PLO Chairman Yasir Arafat became the first non-state leader ever to address the UN General Assembly. Soon afterward, the UN granted observer status to the PLO despite that organization's open commitment to the destruction of Israel, a UN member state; within a few years, it was allowed to open offices in most west European capitals.

The PLO's ascendance, coupled with Jordan's renunciation of its claim to the West Bank, led to a reinterpretation of Resolution 242 as in fact implying a two-state solution: namely, Israel and a Palestinian state governed by the PLO in the West Bank and the Gaza Strip. Conveniently ignored was one glaring fact: the PLO rejected any such solution. In June 1974, the organization adopted a "phased strategy," according to whose terms it would seize whatever territory Israel was prepared or compelled to cede and use it as a springboard for further territorial gains until achieving, in its phrase, the "complete liberation of Palestine."

It is true that, in November 1988, more than two decades after the passage of 242, the PLO made a pretense of accepting the resolution; but this was little more than a ploy to open a dialogue with Washington. Shortly after that move, Salah Khalaf, Arafat's second-in-command (better known by his nom de guerre of Abu Iyad), declared: "The establishment of a Palestinian state on any part of Palestine is but a step toward the whole of Palestine." Two years later, following the Iraqi occupation of Kuwait (which the PLO endorsed), he reiterated the point at a public rally in Amman, pledging "to liberate Palestine inch by inch from the [Mediterranean] sea to the [Jordan] river."

Despite all this, Israel's Labor government, which had backed the "land for peace" formula in the immediate wake of the 1967 war, decided to enter into its own peace negotiations with the PLO. In 1993 it signed the "Oslo Accords" providing for Palestinian self-rule in the entire West Bank and Gaza Strip for a transitional period not to exceed five years, during which time Israel and the Palestinians would negotiate a permanent settlement. Although the Oslo accords were not based explicitly on a two-state solution, they signaled an implicit Israeli readiness to acquiesce in the establishment of a Palestinian state.

But once again the PLO had other plans. In its judgment, the Oslo "peace process" offered a path not to a two-state but to a one-state solution. Arafat admitted as much five days before signing the accords in Washington when he told an Israeli journalist that "In the future, Israel and Palestine will be one united state in which Israelis and Palestinians will live together"—that is, Israel would cease to exist. And even as he shook Prime Minister Yitzhak Rabin's hand on the White House lawn, Arafat was assuring the Palestinians in a pre-recorded Arabic-language message that the agreement was merely an implementation of the PLO's phased strategy.

The next ten years offered a recapitulation, over and over again, of the same story. In addressing Israeli or Western audiences, Arafat would laud the "peace" he had signed with "my partner Yitzhak Rabin." To his Palestinian constituents, he depicted the accords as transient arrangements required by the needs of the moment, made constant allusion to the "phased strategy," and repeatedly insisted on the "right of return," a euphemism for Israel's destruction through demographic subversion.

And that was the least of it. Further discrediting the idea of "two states living side by side in peace and security," Arafat's Palestinian Authority (PA) launched a sustained campaign of racial hatred and political incitement. Israelis, and Jews more generally, were portrayed as the source of all evil and responsible for every problem, real or imagined, in the West Bank and Gaza. Palestinians were indoctrinated in the illegitimacy of the state of Israel and the lack of any Jewish connection to the land, supplemented with tales of Israeli plots to corrupt and ruin them.

Nor did it stop there. Embracing violence as the defining characteristic of his rule, Arafat set out to build an extensive terrorist infrastructure in the territories - in flagrant violation of the accords and in total defiance of the overriding official reason for his presence there: namely, to lay the groundwork for Palestinian independence. Israeli concessions had no effect, or worse. In 1997, Jerusalem gave the PA full control over virtually the entire Arab population of the West Bank and the Gaza Strip, as well as some 40 percent of the land, as a prelude to final-status negotiations. But Israel's civilian casualties only mounted. At the American-convened peace summit in Camp David (July 2000), Ehud Barak offered Arafat a complete end to the Israeli presence, ceding virtually the entire territory of the West Bank and Gaza Strip to the nascent Palestinian state and making breathtaking concessions with respect to Jerusalem. Arafat's response was war, at a level of local violence unmatched in scope and intensity since the attempt to abort the creation of a Jewish state in 1948.

Although it had become abundantly evident by then that the PLO had no interest whatsoever in statehood, the international community responded by condemning Israel's defensive measures against the Palestinian intifada and urging it to accelerate the "peace process." It also maintained the massive influx of international aid to the PA, making the Palestinians the largest recipients of foreign aid per-capita in the world - though most of the funds were promptly siphoned off to the personal bank accounts of Arafat and his cronies and/or channeled to terror operations. Even after Arafat's death in late 2004 and the landslide victory of the militant Islamist group Hamas in Palestinian parliamentary elections twelve months later, Western governments insistently maintained the façade of a "peace process," now embracing Mahmoud Abbas and his defeated Fatah as the epitome of moderation.

But is there in fact a fundamental distinction between Hamas and Fatah when it comes to a two-state solution? Neither faction formally accepts Israel's right to exist; both are formally committed to its eventual destruction. Moreover, for all the admittedly sharp differences between Arafat and his successor Abbas both in personality and in political style, the two are warp and woof of the same dogmatic PLO fabric.

In a televised speech on May 15, 2005, Abbas described the establishment of Israel as an unprecedented historic injustice and vowed his unwavering resolve never to accept it. Two-and-a-half years later, at a U.S.-sponsored peace conference in Annapolis, he rejected Prime Minister Ehud Olmert's proposal of a Palestinian Arab state in 97 percent of the West Bank and the entire Gaza Strip, and categorically dismissed the request to recognize Israel as a Jewish state alongside the would-be Palestinian state, insisting instead on full implementation of the "right of return."

In June 2009, Prime Minister Benjamin Netanyahu broke with longstanding Likud precept by publicly accepting a two-state solution and agreeing to the establishment of a Palestinian Arab state, provided the Palestinian leadership responded in kind and recognized Israel's Jewish nature. The Arab world exploded in rage. Egyptian President Husni Mubarak, whose country had been at peace with the Jewish state for 30 years, deplored Netanyahu's statement as "scuppering the possibilities for peace." Palestinian chief negotiator Saeb Erekat warned that Netanyahu "will have to wait 1,000 years before he finds one Palestinian who will go along with him."

At Fatah's sixth general congress, convened in Bethlehem in August last year, the delegates reaffirmed their longstanding commitment to "armed struggle" as "a strategy, not a tactic . . . . This struggle will not stop until the Zionist entity is eliminated and Palestine is liberated." More recently, even as Abbas has publicly mouthed the Obama formula for "two states living side by side in peace and security," he pointedly insists on preconditions impossible for Israel to accept.

The Peel Commission had the principle right. While a two-state solution "offers neither party all it wants, it offers each what it wants most, namely, freedom and security." It is a great historical irony that this "half-a-loaf" solution should have been repeatedly advanced as a response by others—Europeans, Americans, Israelis—to the actions of its most implacable opponents, who have then repeatedly proceeded to repudiate it in word and deed. On the Palestinian side, not a single leader has ever evinced any true liking for the idea or acted in a way signifying an unqualified embrace of it. The same is true, with the partial exceptions of Egypt and Jordan, for the larger Arab world.

Nearly two decades and thousands of deaths after the launch of the "peace process," one might hope that Western policy makers would at last begin to take the measure of what the Palestinian leadership tells its own people and wider Arab audiences. For the lesson of history remains: so long as things on the Arab side are permitted, or encouraged, to remain as they are, there will be no two-state solution, and therefore no solution at all.




Lebanon: Ayatollah Fadlallah’s death and the expansion of Iranian Hegemony - Shimon Shapira (Institute for Contemporary Affairs-Jerusalem Center for Public Affairs)

Shiite religious leader Sayyed Muhammed Hussein Fadlallah played a leading role in the increasing Islamic radicalization of Lebanese Shiites and laid the foundations for Hizbullah's ideology of violent struggle against the West and Israel. He endowed the need to employ violence with religious sanction.

When Islamic radicalism blew in from Khomeini's Tehran in the 1980s and swept up the Shiites in Lebanon into jihad against Israel and the West, Fadlallah provided them with a guide. He served as a leading ideologue and supplied an organized doctrine for the mujahid who is ready to sacrifice his life for the Imam.

According to Fadlallah, "Death for those (Muslim fighters) is not a tragedy....Death has been transformed into a carefully calculated step that is not predicated on emotion. Death does not exist together with despair. The objectives and goals remain alive." It came as no surprise that Fadlallah praised the murder of eight innocent Jewish students at the Merkaz Harav Yeshiva in Jerusalem in 2008.

Yet it is also true that Fadlallah displayed a measure of political courage in opposing the aspirations of Iran to establish an Islamic republic in Lebanon. Fadlallah was not prepared to recognize the status of Iran's Khamenei as vilayat-i faqih (rule of jurisprudent) because he did not view him as sufficiently learned, and also because he opposed this principle that had been invented by Ayatollah Khomeini.

Fadlallah's death removes one of the major obstacles to Iran's quest to establish an Islamic republic in its own image in Lebanon. Indeed, Iran and Hizbullah are already acting to incorporate Fadlallah's memory under their auspices, as though they were always a part of his flesh and blood.




Bits and Pieces - Clips from various media in the Middle East and elsewhere

ICEJ News, 22 July 2010: The new Conservative-led parliament in Britain is drafting an amendment to the nation’s “war crimes” jurisdiction laws which will hopefully curb the harassment of Israeli officials with threatened arrest warrants when visiting the country. Kadima MK Tzipi Livni welcomed the legislative move on Thursday to change the country’s “twisted” universal jurisdiction clause, which has been exploited by anti-Israel elements to seek Livni’s arrest for her role in authorizing the IDF’s Operation Cast Lead in Gaza in winter 2009. The change will require a Director of Public Prosecutions to approve all private prosecution for war crimes, Clarke said. Only after such approval will an arrest warrant be issued under the proposed legislation. The previous British government had promised to amend the law to shield Israeli leaders from such legal abuses, but had never carried out that pledge.

ICEJ News, 22 July 2010: A new poll of key European countries shows that overwhelming numbers of respondents have a negative attitude towards Iran and would support stronger sanctions against the Islamic Republic to try and persuade it to abandon its renegade nuclear program.

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