Forgotten Court Rule: Israel Is The Legal Occupant Of Judea And Samaria

February 8, 2017

usrael-palestine conflictISRAELI so-called settlements in West Bank – Judea and Samaria – are a complex issue. As a rule the news and newscasts claim that Israeli construction activities beyond 1967 line will destroy the Two-State idea. During last five decades there has been a continuous flow of statements from sc. international community that West Bank settlements are against sc. International Law.

But besides statements there is actually one trial – which escaped the media’s awareness – and which ruled the opposite: the 3rd  Chamber of the Court of Appeal of Versailles declared in 2013 that Israel is the legal occupant of Judea and Samaria.

 

New level of West Bank construction

World Israel News reports that Israel announced on Tuesday 31st Jan. 2017 the construction of 3,000 housing units in Judea and Samaria. This announcement, made by Prime Minister Benjamin Netanyahu and Minister of Defense Avigdor Liberman, follows last week’s statement regarding the construction of 2,500 housing units in various locations in Judea and Samaria and the municipality of Jerusalem’s approval of the construction of 566 new homes in the city. The back-to-back announcements of a total of 6,000 new housing units in Judea and Samaria within a single week is almost unprecedented. The statement comes as 42 Israeli families in the community of Amona in Samaria are being removed from their homes because it was allegedly built on privately-owned Palestinian land.

For example the New York Times was using distorted facts on issue as follows: Israel approved 3,000 more housing units in the occupied West Bank late Tuesday, the largest number in a wave of new construction plans that defy the international community and that open a forceful phase in the country’s expansion into land the Palestinians claim for a future state. However to build housing units both within existing settlements and in existing Jewish neighborhoods in Jerusalem, is not an expansion as the area of land for settlements is not expanding even if the number of houses and Jews living in them is increasing.

On 6th Feb. 2017 the Israeli Knesset passed the controversial Regulation Law by 60 votes to 52. The Regulation Law retroactively gives residents of up to 4,000 housing units in West Bank settlements the right to live in their homes which were built – some accidentally – on private Palestinian land, in return providing the landowner with an annual usage payment of 125 per cent of the land’s rental value. However the Law might be overturned by the Supreme Court. (Source: BICOM , more in BICOM briefing: Download PDF)

 

Israel as legal occupant of the West Bank

Israel’s claim in West bank is based e.g. on the following earlier acts of International Law: The Jan Smuts Resolution of January 30, 1919, Article 22 of the Covenant of the League of Nations, including the Treaty of Versailles of June 28, 1919, The legal title of the Jewish People to the mandated territory of Palestine in all of its historical parts was first recognized on April 24, 1920 when the post-World War I Allied Supreme Council (Britain, France, Italy and Japan), meeting in San Remo, Italy, converted the 1917 ‘Balfour Declaration’ into a binding legal document. This was confirmed by the 1920 Treaty of Sevres and Lausanne. All these recognized the historical connection of the Jewish People with the Land of Israel.

Sure local Arabs have also historical connections between Mediterranean and Jordan river but they have already received their lands under the Mandate system as (Trans-)Jordania was separated from Palestine during the British Mandate. So Jordan is the Arab Muslim state (kingdom) on 77% of old Palestine made legal 1946-League of Nations. They wanted more and made a war and annexed West bank 1950 which then was reclaimed by Israel 1967. According negotiated Oslo agreements (1995) for administration of West bank there are three areas C=Israel state, B=shared by Israel and Palestinian authority (PA) and A=PLO/PA/Fatah but Jerusalem is not Jordans or anyone elses.

Israel made peace treaty with Jordan – occupant of the West Bank from 1948 to 1967 – in 1994 and Jordan does not have any territorial claims in West Bank.

A trial which escaped the media’s awareness

logo3-dreuzIn a historical trial, the 3rd Chamber of the Court of Appeal of Versailles declared in 2013 that Israel is the legal occupant of Judea and Samaria. As this groundbreaking ruling escaped the media’s awareness, a pro Israel activist – Jean-Patrick Grumberg – has worked to bring this “old news” to light. “I decided to put to work my years of Law Studies in France, and I meticulously analyzed the Court ruling,” Jean-Patrick Grumberg wrote and continued

To make sure I did not overestimate my legal abilities and that I wasn’t over optimistic – as usual-, I submitted my analysis and the Court papers to one of the most prominent French lawyer, Gilles-William Goldnadel, President of Lawyers without borders, to receive his legal opinion. He indeed validated my finding. Then I decided to translate it to English, and it will soon be submitted to Benjamin Netanyahu thru a mutual friend.

The main source of following description is the article in Dreuz.info –  Israël est l’occupant légal de la Cisjordanie, dit la Cour d’appel de Versailles , Publié par Jean-Patrick Grumberg le 25 décembre 2016 – with help of the report by United with Israel about the case.

The story goes back to the ’90s, when Israel began work for for the construction of the Jerusalem light rail. The tender was won by French companies Veolia and Alstom. The light rail was completed in 2011, and it crosses Jerusalem all the way through the city. Following this, the PLO/ the Palestinian Authority and Association France Palestine Solidarité (AFPS), filed a complaint with the Tribunal de Grande Instance of Versailles France, against Alstom and Veolia, because according to PLO, the construction of the tram was illegal since the United Nations (UN0, the European Union (EU) and other governments consider Israel’s presence there illegal. The Court of Appeal of Versailles ruled that Israel’s presence in Judea and Samaria is unequivocally legal under international law, dismissing a suit brought by the Palestinian Authority (PA) against Jerusalem’s light rail built by French companies Alstom and Veolia. To rule on the suit, the Court of Appeals had to determine the legal rights of Palestinians and Israelis in the region. Their conclusion was that the Palestinians have no right – in the international legal sense – to the region, unlike Israel, who is legitimately entitled to all land beyond the 67 line.

british-mandate-for-palestine-1921

It is said that the court decision is only marginally significant for a debate about the legality of Israel’s actions in the West Bank and East Jerusalem as it’s only talking about transport infrastructure, not e.g. about settlements. However in trial the PLO, explaining that the occupation is illegal, claimed that Israel is violating: Articles 49-6 and 53 of the Geneva Convention, Articles 23, 27 and 46 of the Regulations annexed to the Fourth Hague Convention of 1907, Article 4 of the Hague Convention of 14 May 1954. Article 27 of the Hague Regulations of 1907, Article 5 of the Convention IX of the 1907 Hague. and Article 53 of Additional Protocol 1 to the Geneva Conventions.

So in order to rule whether the light rail’s construction was legal or not, the court had to review the texts of international law and examine international treaties in order to establish the respective legal rights of the Palestinians and the Israelis.

The Versailles Court of Appeal rejected all the Palestinian arguments. Referring to the texts on which the PLO claim is based, the Court of Appeal considers that Israel is entitled to ensure order and public life in the region, and therefore Israel has the right to build a light rail, infrastructure and dwellings. All the international instruments put forward by the PLO were acts signed between states, and the obligations or prohibitions contained therein are relevant to states. Neither the PA nor the PLO are states, and therefore, none of these legal documents apply to them.

The Court of Appeal therefore sentenced the PLO and Association France Palestine Solidarité (AFPS), who was co-appellant, to pay 30,000 euros ($32,000) to Alstom, 30,000 euros to Alstom Transport and 30,000 euros to Veolia Transport. Neither the PLO nor the Palestinian Authority nor the AFPS appealed to the Supreme Court, and therefore the judgment became final. This is the first time that a Court has legally destroyed all Palestinian legal claim that Israel’s occupation is illegal.

napoleon


Article first appeared in Conflicts By Ari Rusila – site

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Luxury Alongside Poverty in the Palestinian Authority by The Jerusalem Center, November 5, 2015

November 23, 2015

In communities throughout the Palestinian Authority in the West Bank, a surprising degree of luxury exists alongside the poverty. This study By The Jerusalem Center, November 5, 2015 ,   includes “A Photo Album of Palestinian Luxury in the West Bank,” offering a more complete picture of living standards there. The truth is that alongside the slums of the old refugee camps, which the Palestinian government has done little to rehabilitate, a parallel Palestinian society is emerging.

Researchers:  Yael Kaplan, Ryan Hartney, and Andrew Felsenthal

Nimetön (69)

House of Palestinian businessman Mohamed Abdel-Hadi

Contents:

Introduction

Palestinian Quality of Life in the West Bank – Indicators

A Photo Album of Palestinian Luxury in the West Bank

 

Source and original article: 

Luxury Alongside Poverty in the Palestinian Authority by The Jerusalem Center, November 5, 2015


War of Maps: Israel vs Palestine

November 3, 2015

ISRvsPAL Maps can be a powerful tool in geopolitics and information war for example by de-legitimising some country or even wiping its existence from schoolbooks; at least conflicting maps can lead to confusion about situation on the ground, mistaken map can even create a security risk.

Few opposite examples related to Israeli-Palestinian conflict may clarify this “map-war”.

School-atlas

HarperCollins, the world’s leading book publisher produced and sold maps of the Middle east intentionally omitting Israel. The Tablet’s story about the the Middle East Atlas, which shows Jordan and Syria extending all the way to the Mediterranean Sea, was widely reported and caused an international outcry. Collins Middle East Atlases were sold to English-speaking schools in the Muslim-majority Gulf, and publicity about their existence has embarrassed the publishing giant. After the Bishops’ Conference of England and Wales said it was harmful to peace efforts in the Middle East, HarperCollins withdrew their atlas from sale. Earler, Collins Bartholomew, the subsidiary of HarperCollins that specialises in maps, had told The Tablet that including Israel in the Middle East Atlas would have been “unacceptable” to its customers in the Gulf and that the amendment incorporated “local preferences”. At the time, Bishop Declan Lang, chairman of the Bishops’ Conference Department of International Affairs, told The Tablet: “The publication of this atlas will confirm Israel’s belief that there exists a hostility towards their country from parts of the Arab world. It will not help to build up a spirit of trust leading to peaceful co-existence.” (Source: The Tablet )

atlasIn a statement on its Facebook page, HarperCollins said: “HarperCollins regrets the omission of the name Israel from their Collins Middle East Atlas. This product has now been removed from sale in all territories and all remaining stock will be pulped. HarperCollins sincerely apologises for this omission and for any offence caused.”

 

Flight maps

Air France has apologized for failing to include Israel or its major cities on its in-flight map. According Arutz Sheva Russia Today reported on Summer 2015 that Israeli activists had pointed out that Air France failed to include Israel while marking Judea, Samaria and Gaza. The issue with the map, which passengers of Air France flights can use to track progress or just check geography, was noticed by pro-Israel group Stand With Us. “Apparently, Air France removed Israel/Tel Aviv from their flight tracker map, despite the fact Tel Aviv is one of their official destinations. Additionally, they now note ‘West Bank’ and ‘Gaza Strip’ despite the fact neither of these are destinations of Air France,” the group said in a Facebook post, according to the Russia Today report. (Source: Arutz Sheva )

ShowImage (4)

In a letter to Air France chairman and CEO, Frédéric Gagey, the Simon Wiesenthal Center director for international Relations, Dr. Shimon Samuels, noted that, “French members of our center have sent us reportedly captured shots from the English and French language of an Air France flight-path, taken last week between New York and Paris, and the locations ‘Israel’ and ‘Tel Aviv’ are glaringly absent.”The letter noted that, “We are asked whether Air France has succumbed to the BDS [Boycott, Divestment, Sanctions] campaign to delegitimize the Jewish State by literally wiping it off the map?” Air France issued an apology, saying they “deeply regret this incident, due to a map scale and display problem which is currently being resolved.” (Source: JPost )

raj2 (2)According The Times of Israel [August 19, 2015] Israel is not on Royal Jordanian’s map, Photo below was taken of the on-board map on a Royal Jordanian flight from New York to Amman in the past week. Royal Jordanian, the country’s national carrier, flies a regular route from Tel Aviv to Amman, a particularly popular option for Israelis wishing to connect with RJ flights to the USA and elsewhere. 

Since 1994, Jordan has had a peace treaty with Israel. While the peace has been somewhat cool on raj1a people-to-people level, Israel maintains a high degree of quiet co-operation with the Hashemite monarchy and its security services. Indeed, Israel has always considered Jordan to be a strategic buffer zone on its eastern flank and its stability is of vital strategic importance. Emails to both Royal Jordanian’s public relations department and the press office of One World have, as yet, gone unanswered so finding out if there is an official policy on this has proven difficult. (Source: The Times of Israel )

In 2009, British Midland International Airlines, a subset of British Airways, apologized for omitting Israel from their in-flight maps, also attributed to a technical error.

Related to travel but not exactly to maps The US Department of Transportation was preparing in January 2015 legal action against Kuwait Airways should it refuse to end its practice of discriminating against Israeli passengers flying to and from the United States (e.g. one Israeli-American was denied by the airline a ticket from New York to London in 2013).

Culinary map

Dutch restaurant owners cited their gastronomical focus in explaining why they had replaced Israel with Palestine in a map of the Middle East they had printed. The owners of Le Souq, a restaurant based in Rotterdam that specializes in food from the Middle East, offered the explanation after a local politician criticized their removal of Israel and replacement with Palestine in the restaurant’s signature place mat, which features a map of the Middle East. “A new country in the Middle East? In Rotterdam’s market hall they are straightforward about Israel’s position. Bizarre,” Jan Hutten, a regional chairman of the center-right Christian Democratic Appeal party, wrote on Twitter earlier this week. He also included a picture of the controversial place mat.

In response, the owners of the Le Souq restaurant that had the place mat printed, wrote in a statement that they “only deal with the tastes of the Middle East.” Among those tastes, owner Nadia Afkir told the Algemeen Dagblad daily Wednesday, “is the ancient Palestinian kitchen, the producer of the delicious maglubi and the kunefe dishes that we are passionate about.” The place mat, she added, “names countries producing the dishes and products (Source: JPost )

Maps in news

In 17th Oct., 2015 MSNBC aired following program using false maps:

1946 map is lie: By the early 1940s Jews owned about one third of private land in Palestine and Arabs about two-thirds. The vast majority of the total land, however, belonged to the government, meaning that when the state of Israel was established, it became legally Israel’s. Of course, before 1948 the word “Palestinian” more often than not referred to Palestinian Jews, not Palestinian Arabs. For example, the Palestine exhibit at the 1939 World’s Fair was entirely Jewish, the Palestine Orchestra was entirely Jewish, the Palestine soccer team was almost entirely Jewish, and so forth. This map is not the territories … the map fails to distinguish between land that is owned by Jews or Palestinians, and land that is controlled by Jewish or Palestinian political entities. Take the vast triangular tract of land at the south of the map. That’s the Negev desert. Apart from a few small oases, kibbutzes and towns, it’s empty wasteland; it isn’t owned by anyone. It represents almost half of the territory of Israel/Palestine.

Map-That-Lies-Annotated-e14451953083881947-1967 maps: Israel accepted the partition plan 1947 and the Arabs did not, so as a result Israel in 1949 looked like it does in map 3. Map 3 is still a lie, however, because in no way was the green land “Palestinian” at that time. Gaza was administered by Egypt and the West Bank annexed by Jordan. The map needs to distinguish four categories of land: land owned by Jews under Israeli political control; land owned by Jews but under Palestinian political control; land owned by Palestinians but under Israeli political control; and land owned by Palestinians under Palestinian political control. (More at: Newsbusters )

On 19th Oct. 2015 MSNBC apologized for using “not factually accurate” maps in a segment discussing the violence that has erupted across Israel.

Tourism map

discover-palestine-map-ad-tourismIn 2011 British advertising authorities banned the Palestinian Mission to the U.K. from showing a map of Israel on its website that implies the entire country is Palestine. The ban came from Britain’s Advertising Standards Authority, which regulates ads for taste and prohibits misleading promotions. The map in question was part of the Palestinian tourism outreach campaign. Titled “Discover Palestine,” it showed the red, green and black Palestinian national colors covering the entire area of Israel, Gaza and the Occupied Territories. Clicking on the map linked visitors to tourist information about various cities:

The other side

DSCN0379On the other side some maps from Israel are not factually accurate either or at least they give the wrong impression about situation on the ground.

During my last visit in Israel on Summer 2015 I got ‘official’ touring map of Israel. The map is quite good detailed but one hardly can see any boundaries in Judea & Samaria (aka West-Bank). Especially during clashes and violence I think that it would be appropriate to show clearly A, B and C Zone boundaries for security reasons as different authorities are responsible about security in different zones.

One other example from Israel: One of the leading global luxery travel operators Travcoa – part of TUI Group – is selling its “Mystical Israel” 12 days luxery tour with map below where one can not find Palestine or even Gaza.

LARGE

One more example from Sweden, a country wich decided to regognize Palestinian state. In Swedish based Railway bulletin I saw following map included to news related to new railway in Israel.

88109_15photoplannedrailroadtoeilat

Bottom line

One can understand that maps can be used as part of propaganda by different interest groups. Maps can be printed to t-shirts, posters, mugs etc to express strong provocative view of one party, they can be modified to send clear message and in my opinion there is nothing wrong with that.  

Palestinian terrorist group symbols that have a map of Israel in their logo.

Palestinian terrorist group symbols that have a map of Israel in their logo.

However examples earlier in this article are implemented by normal private companies or public organizations which primary aim is to provide profits to owners so the unintended consequences of their maps can be propagandist too.

disappearing_palestine
[Article War of Maps: Israel vs Palestine first appeared in Conflicts By Ari Rusila]


Reality Check Time of Mideast Peace Process

April 14, 2014

The Mideast peace process is now on the edge of collapse and the parties desperately are looking for a package of measures which would be the basis for extending talks beyond the original deadline at the end of April 2014. Ironically one could note that now talks are ongoing only to find whom to blame about failure of peace process.

peace logoThe Obama administration’s efforts to impose a peace settlement seems to be a disastrous failure despite whether the negotiations formally break down or a face-saving formula is adopted which is nonbinding and incorporates sufficient reservations to make it meaningless. It seems that U.S. is preparing for a possible reduction of its involvement in the Israel-Palestinian peace process and Obama administration is taking position that Israel and Palestinians need to work through current deadlock themselves. Abed Rabbo (SG of PLO) might hit the nail on the head saying “We can’t return to the empty routine, a search for a framework for talks – this empty routine which is negotiating about negotiating,”.

Is it time issue a death certificate for the peace process or keep the facade?

The apparent breakdown in the American-brokered Israeli-Palestinian negotiations is a good time to re-evaluate basic assumptions of the diplomatic process. As reports about possible deal and even changes for deal differ it remains to see if there will be extension of negotiations or not. Even if formal meetings take place the peace deal in my opinion would be extremely unlikely. “The way it’s looking now, the talks as they were several weeks ago are no longer relevant. Last week’s package deal (offered to the Palestinians) is now off the table and Israel is preparing to return to routine dealings with the Palestinians as they were before the negotiations started nine months ago,” one official said. “As far as we’re concerned, the coordination on the ground with the different security forces continues, but the peace process is no longer relevant,” he added. (Source: YnetNews )

mideast peace talks

However Channel 2 reported that based on a source in Washington Israel and the Palestinians were close to finalizing a deal that would see peace talks extended by nine months. Also the head of the Arab League – Nabil Elaraby – said he was confident that Israel and the Palestinians would resolve the crisis soon and extend peace talks beyond April. (Source: The Times of Israel )

The Palestinians reportedly issued a long list of new preconditions for resuming talks — demands that Israeli officials privately dismissed immediately. These preconditions, according to the Ma’an news agency, included a demand for official Israeli agreement to the establishment of a Palestinian state along the pre-1967 lines with East Jerusalem as its capital; the release of 1,200 Palestinian prisoners including convicted terrorist chiefs Marwan Barghouti and Ahmad Saadat; a building freeze in East Jerusalem and the West Bank; granting Israeli citizenship to 15,000 Palestinians under a family reunification program; the termination of Israel’s security blockade of Gaza; permission to bar the IDF from West Bank Area A (areas under full PA control) for entrance to arrest or kill terror operatives; and increased Palestinian control in Area C (areas under full Israeli control). (Source: The Times of Israel ) However, according to Haaretz, Erekat denied that his team presented such a list, arguing instead the demands had been issued by Fatah officials, rather than the PLO (Palestine Liberation Organisation), and did not represent the official Palestinian negotiating position.


A potential deal which would extend final status negotiations between the two sides for a further year would include a Palestinian commitment not to make use of international conventions they have already joined and suspend additional applications for membership. In exchange, Israel would go ahead with the suspended release of the fourth group of 26 prisoners serving long sentences for terror offences agreed in July 2013, including Arab-Israelis. Israel would further release hundreds of additional Palestinian prisoners described as “high calibre,” and also agree to a quiet freeze on settlement construction. It is expected that the deal will include the release from prison of Jonathan Pollard, a former US intelligence officer convicted of spying for Israel 30 years ago.

Unilateral options

After Israel initially postponed the fourth prisoner release, Abbas retaliated by resuming efforts to win further recognition of a state of Palestine, over Israeli and U.S. objections. Among Palestinians, lead negotiator Saeb Erekat recommended his government unify with militant groups Hamas and Palestinian Islamic Jihad – designated as terrorist organizations by the U.S. – to govern the Gaza Strip. Probably the PA would now continue their unilateral steps by applying to numerous other international organizations, including pushing for boycotts of Israel and seeking legal rulings against Israel via international courts in The Hague. Earlier the Palestinian leadership was planning to apply for member in 48 additional international treaties if peace talks with Israel failed. The immediate implications might be: international legitimization of the Palestinian appeal to the UN for recognition, with European backing, and a parallel intensification of the settlement boycott phenomenon – with it leaking across the Green Line – causing harm to the Israeli economy.

American legislators – in senate and Congress and both Republican and Democratic leaders – have expressed disappointment with Palestinian Authority chief Mahmoud Abbas’s latest move – applying for membership in United Nations organizations as the “state of Palestine.” Both said that the U.S. should seriously consider cutting aid – about $400 million annually from the US – to the PA if Abbas continues with the process. The PA’s applications are violating the agreed framework of Israeli-Palestinian peace talks.

Israel area CFrom Israeli point of view if even three-state solution does not come true so then unilateral solution would be in my opinion the best option. To connect main blocs up to Israel will require a land swap of about 6% and 20-30,000 households will have to be absorbed back into Israel. That is doable as this has been almost accepted in previous talks at Camp David and Annapolis as well in Olmert’s proposal at last final status negotiations 2008. (More in PaliLeaks, land swaps and desperate search of peace )

Recently Mr Yoaz Hendel (chairman of the Institute for Zionist Strategies ) offered his solution in his column in the Guardian as follows:

For the international community to remain relevant it must understand the restrictions and the available options. The most realistic practical option in the current circumstances is the drawing of borders along demographic lines. Most Palestinians (98%) in the West Bank live in Areas A and B, under the control of the Palestinian Authority. These areas are spread over 40% of Judea and Samaria. Most Israelis live in 12% of the West Bank in large settlement blocks.
The remaining 48% of the territory has 100,000 Israelis and an equal number of Palestinians. The Palestinians’ territories should be upgraded to the status of demilitarised state with interim borders and continuity based on A and B. The large settlement blocks can be annexed to Israel, and as result of that the disputed territory would be immediately halved.
It is not a permanent solution, but it would be progress. If the money from the various pro-peace organisations were to be invested in the Palestinian education system, encouraging support for democracy, it would be possible to restart negotiations in a generation. If the international community can let go of its attachment to the phrase “an end to the conflict” who knows – maybe we will have a glimmer of a practical peace on the ground, which would improve the chances for a comprehensive peace in the future.

Indeed Jewish Home party leader Naftali Bennett has urged PM Netanyahu to turn his back on the failed negotiations and annex portions of the West Bank. In a letter to Netanyahu, Bennett requested “to have a session as soon as possible on an alternative plan (Plan B) to begin the process of applying Israeli sovereignty on areas in Judea and Samaria that are under Israeli control.” The economy minister listed some of the blocs he wants to annex, including Gush Etzion, Maale Adumim, the settlements of Ofra and Beit El and more. These areas are home to 440,000 Israeli settlers, Bennett argued, and only tens of thousands of Palestinians, and would therefore not cause a demographic crisis and undermine the Jewish majority. Bennett compared the process of absorbing these areas into Israel to the incorporation of Jerusalem during the Six-Day War, and the Golan Heights during then-prime minister Menachem Begin’s reign. (Source: Times of Israel )

palestine mapAnnexation the main (settlement) blocs from sc Area C to Israel in my opinion means inheriting the arabs: Israel would be obligated – while excluding mass population transfer as option – to give the Arabs full citizenship which would change the demographic balance. Palestinians could then have full autonomy in areas A and Band most parts of area C. While the situation is not ideal, until the Palestinians agree to full peace with Israel, they could build capacity of their society as well be welcomed as neighbors in the Israeli economic system – participating in Israel’s commercial and creative life.

Negotiating about negotiating or minor points

The whole April so far has been mostly empty talks about wheater to negotiate after April or not. In addition issues outside this formality have in my opinion been only secondary ones. From my point of view the core issues are borders, Jerusalem, refugees and security. The dispute over recognition of Israel as the nation-state of the Jewish people is only secondary one and simply hides that chasm.

Recognizing Israel as ‘Jewish State’ has been from Israeli side a core element in peace deal as from my point of view it is only unnecessary and empty phrase. The Palestinians have already recognized the State of Israel de facto, through Palestinian Authority chairman Yasser Arafat and then by PA chairman Mahmoud Abbas. In addition, the Arab peace initiative also officially recognized the State of Israel, as have Jordan and Egypt, which signed peace treaties with it. Moreover, Israel has no need of specific recognition by any country or entity. “‘Jewish state’ was resolved in 1947 in resolution 181, where there are more than 30 mentions of ‘Jewish state’ and this in my opinion should be enough. Even if that kind of formulation would be in agreement so what is the worth of this kind of lip-service without any commitment from PA side.

West bank settlements mapSpeaking about settlements one should note that besides allowing to build new homes in disputed territories Israel also tries to remove some illegal (according Israeli law) constructions and outposts. Last example was on 8th Apr. 2014 when Israel Defence Forces (IDF) soldiers met with violent resistance from extremist Jewish settlers in the West Bank as they moved in to destroy four illegally constructed buildings in the West Bank settlement of Yitzhar. Hundreds of settlers participated, throwing stones, burning tires, blocking roads, and damaging IDF vehicles. An IDF post in the area to protect the settlement was also attacked. The soldiers responded with riot dispersal methods. According to reports six soldiers and four settlers were hurt in the clashes. Yitzhar is a small mainly Orthodox settlement with a population of just 1000, situated just south of the Palestinians city Nablus in the northern West Bank. It is known as one of the most extreme settlements, and its residents have a history of clashes with IDF forces and local Palestinians. (Source: Bicom )

The Mideast peace process with or without Kerry

(Kerry) has come to us determined and is acting out of an incomprehensible obsession and a messianic feeling – (he) cannot teach me a single thing about the conflict … The only thing that can save us is if (he) wins the Nobel Prize and leaves us alone … The security plan is not worth the paper it is written on.” (Israel’s Defence Minister Moshe Yaalon)


In wider perspective I have some doubts if the negotiations with PA will have real impact to the Mideast peace process. One should remember that with the exception of Fatah, all PLO factions were against the resumption of the peace talks under Kerry’s terms. These factions include the Popular Front for the Liberation of Palestine, Democratic Front for the Liberation of Palestine and the Peoples’ Party, in addition to Hamas and Islamic Jihad. With this background the options of President Abbas and PA are quite limited.


One possible scenario could be a partial – temporary – deal; a gradual deal that would require neither dividing east Jerusalem nor an Israeli withdrawal to the 1967 borders, despite fears that any partial agreement will end up constituting a permanent arrangement the partial deal not necessry solve any core problems.


Failure with the Mideast peace process might be the last nail to Kerry’s Nobel Peace Prize coffin. “He doesn’t understand the situation on the ground,” Israel’s Defence Minister Moshe Yaalon said, adding that Kerry’s motives were illegitimate, “messianic” and “obsessive.” Washington Post columnist Jackson Diehl echoed Yaalon’s sentiments, saying that the secretary was “delusional” and “detached from reality.” At the same time, the Palestinians view Kerry as someone incapable of pressuring Israel and getting results, deeming him irrelevant.

From my point of view FM Kerry’s commitment to the success of the diplomatic process and the time he has invested in solving the Mideast problem, regardless of the other unresolved conflicts (Ukraine, Syria, Iran…) in the world, should to be appreciated. Regrettably, the U.S. intervention has only exacerbated the situation and even undermined the chances of low-profile interim progress and economic cooperation. One way to continue the Mideast peace process could be to dig the archives and pull out two or three documents bearing the signatures of various Israeli prime ministers, including the present one, dust them off and implement them. Fulfilling the existing agreements could completely change the skeptical and even gloomy mood hanging over the diplomatic negotiations. The United States, which was an active partner in formulating these documents and which provided them with its imprimatur, cannot absolve itself from them. (More e.g in Al-Monitor )

peace sign israelThe peace settlements between Israel and Egypt and Jordan were achieved because both parties sought to come to an accommodation. The U.S. did not then seek to impose solutions. It only became involved as a facilitator and honest broker after both parties had taken the initial steps and invited them.

Three State Solution(s)

One interesting approach for replacing two-state solution is a new kind of three-state solution proposed by Georgetown University lecturer Ori Z Soltes few years ago. In his article A Modest Proposal: The Three-State Solution he uses the experience of India and Pakistan. Having primarily Muslim Pakistan divided into two parts by primarily Hindu India proved disastrous for decades, until finally the two Muslim states were disconnected from each other, leaving one as Pakistan and the other as Bangladesh. Why not do the same with non-Israeli Palestine?


According Mr Soltes, this proposal would eliminate the main logistical complication pertaining to the communication between the two parts of the Palestinian state. The notion of creating a land corridor between Gaza and the West Bank, with a free flow of people and commerce between the two, seems ill-conceived as an on-the-ground practicality. It effectively cuts Israel in half: how do Israelis then flow from north to south of the corridor? There have been other proposals, for extensive connecting tunnels or bridges, but these, too, are a logistical challenge. Moreover, two separate states for Palestinians would accord more realistically with a key current political reality: Hamas controls Gaza and the Palestinian Authority controls the West Bank. Creating two separate states would allow each to develop according to its own plans.

The three-state solution would make it possible for Israel to focus toward normalized relations with the West Bank, PA-led Palestinians; and on defense measures with regard to the Gazans. The possibility of Hamas being voted out by the Gazan Palestinians themselves would increase. But the potential isolation might also increase the incentive for Hamas to accept peaceful co-existence with Israel.

The idea of Mr Soltes is different than that three-state approach, which I have propagated a half decade. There Gaza is returned to Egyptian control and the West Bank in some configuration reverts to Jordanian sovereignty. From my point of view this solution is both pragmatic and doable and now more actual than ever as two-state solution is more and more utopia and road map towards it has been death for years. (More in A Jordanian-Palestinian Confederation Is On The Move and The Three-State Option could solve Gaza Conflict )

The three-state solution essentially replicates the situation that existed between the 1949 Armistice Agreements and the 1967 Six-Day War. Beginning in 1949, Egypt occupied the Gaza Strip, Jordan occupied the West Bank and East Jerusalem, and no Palestinian Arab state existed. In 1950, Jordan officially annexed the West Bank and granted the Arab residents Jordanian citizenship.

 

Potential scenarios

A monthly peace index, last published in March by the Israel Democracy Institute and Tel Aviv University, found 69 percent of Israelis “somewhat don’t believe” or “don’t believe at all” that the negotiations will lead to peace. A poll conducted last month in the West Bank and Gaza Strip by the Palestinian Center for Policy and Research showed that about three-quarters of those surveyed believed chances for establishing a Palestinian state in the next five years are “slim or non-existent.” (Source: The Jerusalem Post )

An face-saving win-win deal now could be following: The Palestinian Authority terminates their U.N. bid, Israel withdraw their plans for economic retaliation, the Palestinian prisoners who were going to be released are released, the U.S. releases convicted spy Jonathan Pollard, and possibly the Israelis make some muted statement about restraint on construction in disputed territories in the future. Each side would be able to state that had it not been for their tough actions, a deal would have been impossible.


intifada logoThe crisis in the peace talks between Israel and the Palestinians has shaken up the Israeli political scene. The stability of the governing coalition has once again come into question, with Yisrael Beytenu’s leader, Foreign Minister Avigdor Lieberman, saying that he would prefer new elections over the release of more terrorists, and Opposition Leader Isaac Herzog (Labor) calling for the formation of a new government comprised of the Left and haredi parties without holding new elections.

Publicly all sides want the peace talks to continue, but also know that they will not lead to anything. Negotiations and attaining a peace agreement that will, in the short-term, prevent regional violence and isolation of Israel, and in the long-term avoid a binational state with a Palestinian majority, are essential interests of the State of Israel. It is therefore believed that, just like in previous rounds of gestures to the Palestinians, Netanyahu will manage to reach a series of silent understandings with them and attempt to win their approval for a quiet freeze in settlement construction, rather than engage in a demonstrative release of terrorists. Such a scenario would grant Netanyahu another half a year of quiet and enable him to maintain the diplomatic status quo. In the end, however, even this six-month grace period will end, and Netanyahu will no longer be able to avoid anymore making political decisions and then the outcome might be that Netanyahu will be forced to make the necessary changes to his coalition.

In my opinion the situation now is leading Israel toward a de facto binational future toward one-state solution and this might be the worst option for both sides. If negotiations now fail so I think that unilateral moves might not be so bad idea. If three-state option can not replace the buried two-state solution so then the way forward for Israel seems to be annex the main settlements to Israel, finalize the security fence and wait if and when the Palestinian side and international facilitator want negotiate about some details based on this reality on the ground.

anti-obama plakat

Appendix:

An excellent background information in concerning the guidelines on European funding of Israeli entities in the “Occupied Palestinian Territories”:


ECI Open Letter to Ashton April 2014

israel peace sign

 


The Kerry Plan For Israel And Palestine – Can It Work?

February 7, 2014

Israeli-Palestinian peace talksUS Secretary of State John Kerry’s intense shuttle diplomacy helped resume Israeli-Palestinian peace talks in July 2013 and were to take up to nine months, until April 29 this year. Now Kerry is now planning to present a US framework plan that will lay out what Washington considers the core concessions Israelis and Palestinians need to make for a fair, lasting deal.

The exact content of the US framework plan remains uncertain for peace deal between Israel and the Palestinian Authority (PA). However it is preindicated that it will call for a phased Israeli withdrawal from Judea and Samaria based on the 1949 lines, with “unprecedented” security arrangements in the strategic Jordan Valley. The framework plan includes Israeli withdrawal from disputed territories of West Bank but will not include certain settlement blocs, Israel will compensate the Arab side for this with Israeli territory. The plan will call for Palestine to have a capital in Arab East Jerusalem and to recognize Israel as the nation-state of the Jewish people. It will not include any right of return for Palestinian refugees into pre-1967 Israel.

Neither side is pleased with framework plan as such however both sides probably are poised to accept the forthcoming, non-binding agreement with sufficient reservations to make it meaningless, yet enabling Kerry to demonstrate a “successful diplomatic coup.”

Kerry’s plan

Israel lobby in USAUS Secretary of State John Kerry’s is now finalizing a framework for final status talks with both Israeli and Palestinian leaders. Kerry‘s plan will include following components according his speech to the World Economic Forum (WEF) in Davos on 24 January 2014:

  • an independent state for Palestinians wherever they may be”
  • security arrangements for Israel that leave it more secure, not less”
  • a just and agreed solution to the Palestinian refugee problem; an end to the conflict and all claims”
  • mutual recognition of the nation-state of the Palestinian people and the nation-state of the Jewish people”

Kerry gave specific attention to security, commenting, “the Israelis rightfully will not withdraw unless they know that the West Bank will not become a new Gaza.” There has been consultations with Israeli, Palestinian and Jordanian leaders over a “security structure that meets the highest standards anywhere in the world” in the Jordan Valley, incorporating “a layered defence” system. Israel and the PA disagree over the necessity of Israeli troops to stay in the Jordan Valley in the event of an Israeli withdrawal.

Security

In a New York Times interview published on Sunday (Feb. 2nd 2014), Abbas presented his positions on security issues, saying that Israeli troops could remain in the territory of a Palestinian state for five years after the signing of a peace agreement. Abbas also said that an American-led NATO force could patrol a future Palestinian state indefinitely. Abbas said the NATO force could stay “for a long time, and wherever they want, not only on the eastern borders, but also on the western borders, everywhere. The third-party can stay. They can stay to reassure the Israelis, and to protect us.” “We will be demilitarized,” Abbas said. “Do you think we have any illusion that we can have any security if the Israelis do not feel they have security?” Abbas said the Palestinian state would not have its own army, but only a police force, meaning that the NATO force would be responsible for preventing weapons smuggling and terrorism. Abbas also suggested that Israeli settlements could be phased out over the course of a timetable similar to his five-year proposal for the Israeli military withdrawal.

Territory

“What Israel has won on the battlefield, it is determined not to yield at the [U.N. Security] Council table.” (David Ben-Gurion when threatened with U.N. Security Council sanctions)

New talks are possible due active and skilled shuttle diplomacy implemented by US Secretary of State John Kerry, who succeeded where both his predecessor Hillary Clinton and his superior, President Barack Obama, failed. Kerry has highlighted a 2002 offer by the 22-nation Arab League to make peace with Israel  in return for a Palestinian state broadly inside borders that existed before Israel occupied the West Bank, Gaza Strip and East Jerusalem in 1967.In May 2013, a high level Arab League delegation, after meeting with Kerry, agreed to change the language of the Arab Peace Initiative from its rigid demand for a Palestinian state on the 1967 lines to accepting “comparable,” mutually agreed and “minor” land swaps.80% of the settlers live in large blocs close to the Green Line. To connect those blocs up to Little Israel will need a land swap of about 6%. That is doable. This has been almost accepted in earlier talks at Camp David and Annapolis as well in Olmert’s proposal at last final status negotiations 2008. While 20% of the settlers live outside these green line blocs, these settlements will not be part of Israel proper, after a proposed deal so some 20-30,000 households will have to be absorbed back into Israel and this is doable.

Martin Indyk, the State Department’s lead envoy to the Israeli-Palestinian negotiations, told the Jewish leaders on 30th Jan. 2014 that under the framework agreement about 75-80 percent of settlers would stay in what would become Israeli sovereign territory through land swaps; he added that it was his impression that Palestinian Authority President Mahmoud Abbas was not averse to allowing settlers who want to remain as citizens of the Palestinian state. The sides, he said, will negotiate with the expectation of reaching a final deal by the end of 2014. (Source: The Times of Israel)

An official in the Israeli prime minister’s office said Sunday Binyamin Netanyahu believes Jewish settlers should have the option of staying in a future Palestinian state. In Davos, he told the World Economic Forum Saturday that he did not intend to uproot any Israelis in a peace deal. The prime minister sees no reason why a Palestinian state should be “ethnically cleansed.” An official in the Israeli prime minister’s office said Sunday Binyamin Netanyahu believes Jewish settlers should have the option of staying in a future Palestinian state. In Davos, he told the World Economic Forum Saturday that he did not intend to uproot any Israelis in a peace deal. The prime minister sees no reason a Palestinian state should be “ethnically cleansed.”

More about earlier negotiations in PaliLeaks, land swaps and desperate search of peace .

Israeli proposal for borders of West Bank according PM Olmert

For peace deal I consider that Israel needs to agree to a Palestinian state based on the 1967 lines with territorial swaps, when just 60 to 90 percent of settlers need to be included in the settlement blocs. The outcome of Kerry’s plan might well be close to that what PM Olmert offered to PA on 2008. Themap  of this earlier proposal can be downloaded also from my Document library.

BDS as thread?

In WEF/Davos Kerry commented that “for Israel there is an increasing de-legitimization campaign that has been building up. People are very sensitive to it, there is talk of boycott and other kinds of things,” implying that such a campaign would gain traction if peace talks should fail. Netanyahu said that efforts to boycott Israel will “cause the Palestinians to become entrenched behind their obstinate positions and push peace farther away.” He added that, “no pressure will cause me to give up Israeli vital interests, first and foremost the security of Israeli citizens.” However, Labour MK Merav Michaeli blamed Netanyahu for the volatile rhetoric surrounding boycotts, saying “Netanyahu exposed us to the threat of sanctions … Israeli security is a fantasy if we don’t have a diplomatic treaty, and that includes our economic security.” (Source BICOM ) Israel’s Defense Minister Moshe Ya’alon later responded that a European boycott is preferable to rocket attacks on Ben-Gurion Airport.

I agree with Kerry, it is hard to avoid the conclusion that the BDS (Boycott, Divestment and Sanctions) movement is picking up speed. Danske Bank, Denmark’s largest bank, has decided to sever its ties with Israel’s Bank Hapoalim, citing “legal and ethical conflicts” with the bank’s activities beyond the Green Line. A Bank Hapoalim statement said that “Denmark’s Danske Bank has no investments, of any kind, with Bank Hapoalim.” The Danish bank’s decision followed a similar decision by PGGM, the Netherlands’ largest pension fund management company, which on Jan 2014 decided to divest from Israel’s five largest banks, saying they either have branches in the West Bank or are involved in financing settlement construction. On the other hand Dutch pension fund ABP, one of the largest pension funds in the world, announced on Wednesday that after looking into the matter it sees no reason to end its relationship with three Israeli banks. Sweden’s Nordea Bank — the largest bank in Scandinavia – has asked Bank Leumi and Mizrahi-Tefahot Bank for clarifications over their activities beyond the Green Line, in what banking experts in Israel defined as a potential pre-divestment move. According to a Jan. 19 report in the Financial Times, the ABP pension fund — the world’s third-largest — and two of Europe’s biggest investment firms, Scandinavian pension fund Nordea and Norway’s DNB Asset Management Group, are also reviewing their holdings in Israeli banks. Sources in the Israeli banking sector said Saturday that the recent moves were, for the most part, only declarative in nature, attempts to make political statements, and are unlikely to come to fruition. (Source Israel Hayom )

anti-BDS postcard

A new study that debunks the myth that Israel is a liability to Europe Added Value: Israel’s Strategic Worth to the European Union and its Member States, a joint report by The Henry Jackson Society and Friends of Israel Initiative, examines the extent to which Israel represents a strategic asset to the EU. The report looks at three key arenas: military, economic and scientific/technological. It finds that Europe is more secure, more innovative and more relevant on the world stage thanks to the tools Israel provides: from unmanned aerial vehicles to intelligence; from energy to pharmaceuticals; and from particle accelerators to high tech start-up. Among the report’s key findings there are e.g thatcontrary to news reports of EU-Israel disagreements – such as European Commission directives to label Israeli goods from the West Bank – by the most important measures, the EU’s relations with Israel are closer than at any time in the Union’s history. With nearly €30 billion in bilateral trade, the EU is Israel’s top source of imports and Israel is Europe’s leading trade partner in the Eastern Mediterranean. As the European economy continues to falter, EU exports to Israel are growing by roughly 5% a year. A world leader in high-tech innovation, Israel is vital in keeping Europe competitive in science and technological. (Full report can be downloaded from my Document Library.)

Israeli government effectively succumbed to a boycott of settlements in order to be eligible for the EU’s Horizon 2020 scientific cooperation agreement, the guiding blueprints for the EU’s scientific research. Also on Jan. 2014, the Israeli flag was hoisted for the first time to join the other 20 flags of the organization’s member states, after UNESCO officially recorded Israel’s accession as a new CERN (Conseil Européen pour la Recherche Nucléaire/European Council for Nuclear Research) member state.

Central Bureau of Statistics’ data indicated that Israeli exports came to $92.5 billion in 2013, despite the global recession and slumping dollar exchange rates, compared to $60 billion in exports in 2010. Broken down by blocs, Europe received the largest share of Israel’s exports (32 percent), followed by Asia (25%) and the United States (21%).

Jewish state?

Prime Minister Benjamin Netanyahu has said thatIt would be “absurd” to expect Israel to recognize a nation state for the Palestinian people without reciprocal recognition of Israel as the nation state for the Jewish people. But issue was first raised already 2000 (by Tzipi Livni) and later at the 2007 Annapolis Conference. Today Livni might not view this recognition as a precondition to negotiations. However in my opinion when one state recognizes another it does not imply recognition of its political structure, for example U.S. in 1933 formally recognized the Soviet Union simply as state and not as a communist or Marxist state; and when most of the world’s democracies recognized Israel after its establishment, that too was as a state and nothing more.

From Israeli point of view the meaning of the term “Jewish state” is a state that cannot be flooded by foreigners to the point where it changes its demographic character, meaning there can be no “right of return” for the descendants of the 1948 refugees. So anyone who would recognize Israel as the Jewish state as part of a peace deal would announce the de facto end of the Israeli-Palestinian conflict, and relinquish any future demands of Israel. From Palestinian side President Abbas stuck to his intransigence on the issue of recognition of Israel as a Jewish state, saying it was “out of the question.” Abbas mentioned that Jordan and Egypt were not asked to do so when they signed peace agreements with Israel.

Jordan will not recognize Israel as a Jewish state, the Kingdom’s foreign minister declared, expressing a latent Hashemite fear of Jordan becoming the de-facto Palestinian state. Jordan is concerned that defining Israel as a Jewish state may eventually lead to the forced deportation of Palestinians eastward across the Jordan river. According to some estimates, approximately half of Jordan’s population of 6.4 million does not hold citizenship. The massive number of non-citizens is comprised mostly of Palestinian refugees, but also war refugees from Iraq and Syria more recently. Over 3 million Jordanian residents are of Palestinian origin. Ever-mindful of a demographic takeover, Jordan has recently begun blocking the entry of Palestinian refugees fleeing the civil war in Syria. (Source The Times of Israel )

Missing Gaza question?

In my opinion question about Gaza should have been solved at early stage during negotiations. Hamas still has its grip on Gaza even weakened after Sisi’s coup in Egypt. The economy of Hamas is weakening as Egypt has closed main part of over one thousand smuggling tunnels on Gaza border; before that Hamas administration got remarkable income from smuggling activities.

Rockets are still fired from there and conflict – fights between Egypt armed forces and Islamic militants and rocket fire from Sinai towards Eilat – has more and more moved to Sinai peninsula. For example February 01st, 2014 saw the pipeline that transports gas from Egypt to Jordan being subject of a blow up by militants. The attack is the third of its type in less than a month. The pipeline that connected Egypt to Jordan and Israel has been the target of various attacks ever since the start of the Egyptian revolution in 2011 for ending the Hosni Mubarak regime. These acts of rebellion led to severe disruptions in the flow of gas from Egypt to Jordan and to a complete halt of Egyptian natural gas supply to Israel. On the other hand Israel is less affected by the damage to the pipeline given that it has since discovered enough gas off its shores to keep the natural gas coming for decades to come. Israel’s Leviathan field contains around 19 Tcf of natural gas and is expected to come online sometime in 2017 while its 10 Tcf Tamar field started supplying gas in March 2013. (See more in Realpolitik: The Energy Triangle As Game Changer For The Eastern Mediterranean )

So a new reintegration strategy is needed instead of isolation, it should reconnect Gaza with the West Bank to lessen Hamas’ grip on Gaza. Israel and PA should encourage to re-establish trade links with Gaza strengthen the moderate middle class; a transit corridor between Gaza and West Bank would help to restore the social bonds and build national consciousness required for statehood. The Palestinians want territory within Israel to build a transport link that connects Gaza and the West Bank, and this could form part of an exchange deal. All this can help politically PA to be ready for Palestinian national elections.

Jerusalem – Two peoples, One Capital?

Jerusalem is one of the key challenge to a deal and at least three dimensions should be solved. The negotiators need to delineate the territorial borders, the political arrangements (for example on the Temple Mount), and then to begin work on the security arrangements that would address all the concerns regarding the territorial and political questions. It is anticipated that the Arab neighborhoods of Jerusalem will be under Palestinian control.

A solution whereby Arab neighbourhoods would come under Palestinian sovereignty and Jewish neighbourhoods would stay under Israeli sovereignty is needed. Israel will have to agree to a Palestinian presence in Jerusalem to the point where the Palestinians realize their goal of establishing a capital in the city. Palestinian side has criticized Kerry for offering the Palestinians a capital in the villages of Abu Dis and al-Ram, and not in Jerusalem. Previous negotiations have also proposed a special regime for the Old City.

Jerusalem deal according Olmert proposal

Bottom line

“I hope we reach a deal with the Palestinians, if not, we’ll manage.” (Defense Minister Moshe Ya’alon )

“A peace deal will ensure Israel’s future as a Jewish and democratic state as well as its social and economic prosperity. If Ya’alon does not understand this, he is not fit to continue in his position, and we would certainly be able to manage better without him.” (MK Nitzan Horowitz/Meretz)

The British Guardian newspaper quoted   a “Jerusalem-based source close to the negotiations” as saying that Indyk’s negotiating team has “only have maybe 10% chance of success” in its efforts to broker an Israeli-Palestinian peace agreement. The Guardian also quoted a former American diplomat who worked on previous rounds of Israel-Palestinian peace talks as dismissing most members of the current American negotiating team as “pencil sharpeners” and “bag carriers.”

Inside Israeli government there is different views as well more or less rude critics against FM Kerry personally and about his peace plan. The outcome might even be that PM Netanyahu will remove Bayit Yehudi from the coalition and replace it with Labor, which is more amenable to a peace treaty. Labour Party leader Isaac Herzog has repeatedly stated that if the coalition lacks support for a peace agreement, Labour is prepared to act as a ‘safety net’ and pledge the support of its 15 Knesset members. However coalition crisis can occur more likely over religion and state than security.

As for the Palestinians, Palestinian Authority (PA) needs to agree to declare an end to the conflict, an end to all claims, and to recognize Israel as a Jewish state, PA needs to renounce the right of return of refugees and PA needs to agree to limits on Palestinian sovereignty in deference to Israeli security arrangements. The security arrangements need to provide an answer even in the scenario of a coup – or Hamas can win in elections too – in the Palestinian state so the key question is if Palestinian state has the will or the strength to deal with terrorism.

If negotiations again fail so from my perspective Israel could concentrate to talk solution with Egypt and Jordan (e.g. from base of Three-State-Solution) or with Arab League. And of course one option are unilateral solutions – Israel annexing Israeli populated areas officially to Israel and PA seeking recognition from international community as state. As any of these options in my opinion are worse than even worst mutual compromise and peace deal I hope all the best for further talks.

P.S:

The Facts Of Life In The Middle East”   by Avi Bell is a good description about Israeli-Palestinian dilemma – and Western hypocrisy – as follows:

The Facts Of Life In The Middle East” by Avi Bell

If Israel refuses to negotiate, that proves Israel is not interested in peace, because it refuses to negotiate. If the Palestinians refuse to negotiate, that proves Israel is not interested in peace, because the Palestinians can see negotiations with Israel are pointless.

If Israel makes preconditions to negotiations, that proves Israel is not interested in peace, because it is trying to avoid negotiations. If the Palestinians make preconditions to negotiations, that proves Israel is not interested in peace, because the Palestinians have to force Israel to be serious in the negotiations.

If Israel makes no offer of peace, that proves Israel is not interested in peace. If the Palestinians make no offer of peace, that proves Israel is not interested in peace, because the Palestinians can see that making offers of peace with Israel are pointless.

If Israel makes an offer of peace and the Palestinians reject it, that proves Israel is not interested in peace, because Israel is not willing to make the kind of offer the Palestinians would accept.

There are variations on this, e.g.,:

If Arabs make war, but offer to end it, that proves that Israel is interested in war and Arabs are interested in peace, because the Arabs offered peace. (Thomas Friedman/Arab “peace” initiative) If Israel makes war, but offers to end it, that proves that Israel is interested in war and Arabs are interested in peace, because Israel made war. (Defensive Pillar, Lebanon II, etc.)

If Arabs attack, that proves Israel is interested in war and Arabs are interested in peace, because Israel provoked the Arabs to attack. If Israel attacks, that proves Israel is interested in war and Arabs are interested in peace, because Israel attacked.

If Palestinians carry out acts of terrorism, that proves that Israel is mistreating the Palestinians, because the Palestinians feel they have no choice but to carry out acts of terrorism. If Palestinians try to carry out acts of terrorism, but Israel foils them, that proves that Israel is mistreating the Palestinians, because Israel is carrying out anti-terror actions against the Palestinians even while there is no terrorism.

If Palestinians don’t try to carry out acts of terrorism, that proves that Israel is mistreating the Palestinians, because the Palestinians are good and innocent and Israel uses terrorism as an excuse to mistreat Palestinians.

Israeli-Palestinian peace talks



Blue Peace: Red Sea-Dead Sea Pipeline Plan Signed

December 10, 2013

Israel, Jordan and the Palestinian Authority signed trilateral Red Sea-Dead Sea pipeline plan on Dec. 9th 2013, at the headquarters of the World Bank. The ambitious and contested Dead Sea Signproject aims to replenish the rapidly shrinking Dead Sea by transferring in water from the Red Sea along a 110-mile (180 km long) pipeline. The pipeline will channel 100 million cubic meters of water per annum northward from the Red Sea and will cost an estimated $300-400 million. A BOT tender for the project will be published in 2014. The pipeline will take an estimated three years to complete. The inflow of water from the Red Sea will slow the drying up of the Dead Sea and its concomitant negative effects.

Israel’s energy and infrastructure minister, Silvan Shalom, said it was “a historic agreement that realises a dream of many years… [and] is of the highest diplomatic, economic, environmental and strategic importance.” He and the Palestinian and Jordanian water ministers, Shaddad Attili and Hazem al-Nasser, attended a signing ceremony in Washington.

Located in the Jordan rift valley bordering Jordan to the east, and Israel and Palestine to the west, the Dead Sea is served only by the Jordan River to the North. The water level in the Dead Sea dropped from 390 metres below sea level in the 1960s to 420 metres below sea level at present and will be 450 metres below sea level by 2040. The water surface area has shrunk by a third, from 950 square kilometres to 637 square kilometres.

Dead Sea 1972, 1989, 2011A combination of the mineral content of the water, low content of pollens, the reduced ultraviolet component of solar radiation and the higher atmospheric pressure at this depth have specific health effects which have borne a booming spa-tourism economy. This along with the dramatic scenery and tranquil waters is why it has long been a site of tourism and refuge; King David used it as such and it was one of the world’s first health resorts for Herod the Great.

Red Sea-Dead Sea Pipeline Plan

According the agreed plan of pumping water from the one sea to the other – a project known as the Red-Dead Conduit, or Two Seas Canal – will help to slow the dessication of the Dead Sea, which is famous for its high levels of salt and other minerals that allow bathers to float on its surface. “The inflow of water from the Red Sea will slow the drying up of the Dead Sea,” said the Israeli government. Approximately 200 million cubic meters of water will be drawn per annum. Around 80 million cubic meters will be desalinated at a facility to be built in Aqaba facility with Israel receiving 30-50 million cubic meters of water for the Arava region and Eilat, and with Jordan receiving 30 million cubic meters of water for use in the south. Israel will also sell Jordan another 50 million cubic meters of water from the Kinneret for use in the north. The other goals of this project are the generation of electricity by utilizing the difference in elevation between the Red Sea and the Dead Sea and the development of tourism infrastructures.

Red Sea - Dead Sea Pipeline. Images courtesy of ESA.

Red Sea – Dead Sea Pipeline. Images courtesy of ESA.

With no action, the sea level is expected to drop by another 150 meters until it will stabilize as a much smaller water body at a level of about 543 meters below sea level by the mid-22nd century,” the World Bank’s January 2013 report explained. Water loss in the Dead Sea has already resulted in dangerous sinkholes, mudslides and landslides in the area and threatens the habitat of many species native to the region.

While the plan is accepted by respective international authorities there is also critics inside Israeli regime. Regional environmental group Friends of the Earth Middle East and the Environmental Protection Ministry have slammed the plan as destructive to the very sea that it aims to save. The Environmental Protection Ministry likewise announced its rejection of the Red-Dead program, stressing that without more informed data and experimentation, such a plan cannot proceed. Citing experts from the Geological Survey of Israel, the ministry said that pumping more than 350 million cubic meters of seawater and brine to the Dead Sea could lead to an outbreak of bacteria and algal growth, causing disturbing odors in the region. Some environmentalists argue that the introduction of Red Sea water containing living organisms could have a catastrophic effect on the unique characteristics of the Dead Sea.

Red Sea-Dead Sea pipe project

Blue Peace

The Red-Sea-Dead-Sea pipeline in one of the key recommendations advocated in a report Blue Peace: Rethinking Middle East Water. As water resources in the Middle East should be considered as a potential source of socioeconomic development and peace, a group of independent Indian experts, the Strategic Foresight Group (SFG), was mandated by Switzerland and Sweden the Swiss Agency for Development Cooperation and the Swedish International Development Cooperation Agency to flank a process of reflection on this issue on 2009. A series of consultations and meetings took place in 2010, i.e., in Montreux (Switzerland), in Amman (Jordan), and in Sanliurfa (Turkey). The SFG then drew up the “Blue Peace” report based on these consultations, which in end effect brought together a good hundred of experts and leaders from the Middle East. On February 2011 the report was presented in Geneva.The report, prepared with support and input from almost 100 leaders and experts from Israel, the Palestine Territories, Jordan, Lebanon, Syria, Iraq and Turkey, also stated that water crisis can be converted into an opportunity for regional peace.

Blue Peace recommendations

The Blue Peace essentially requires a comprehensive approach. This ”hydro-diplomacy” can be defined as “regional cooperation that creates dynamics of trans-boundary basin economic development through integrated water resources management.”It is necessary to act on several fronts at the same time, and yet it is possible to choose different entry points of intervention as per social and political dynamics. The report presents a roadmap for action beginning with efficient internal management, storage and distribution; the establishment of Cooperation Council for Water Resources for Iraq, Jordan, Lebanon, Syria and Turkey; and separately launching of a high level Confidence Building Initiative between Israel and the Palestinian Authority. This initiative’s key responsibility is to answer the specific challenges caused by the ongoing conflict between Israelis and Palestinians. This initiative’s key responsibility is to answer the specific challenges caused by the ongoing conflict between Israelis and Palestinians. As an example of successful cooperation, water management can also create the circumstances necessary for socioeconomic development and peace in these countries.

More about Blue Peace in “The Blue Peace – Rethinking Middle East Water: Complete report” Download (PDF, 3128 KB) :


Palestinians Put Jordanian Option on the Table

November 4, 2012

Article (short version) first published as Palestinians Put Jordanian Option on the Table on Technorati.

Farouk Kaddoumi, a veteran PLO official, dropped a political bomb (on 31st Oct. 2012) with a call for “returning” the West Bank to Jordan during an interview with the London-based Al- Quds Al-Arabi newspaper. Kaddoumi, who is based in Tunisia, said he supported the idea of a federation or confederation between the West Bank and Jordan. His remarks are the first of their kind to be voiced by a senior PLO figure in decades.

Kaddoumi is one of the founders of Fatah, and for decades served as head of the PLO’s “political department.” He is one of the few PLO leaders who refused to move from Tunisia to the Palestinian territories after the signing of the Oslo Accords, which he had strongly opposed. Kaddoumi told the newspaper that giving the West Bank back to Jordan would be a “positive move.”; however he added that the Palestinians should not drop their demand for a right to return to Israel proper. He also said the Palestinians had lost hope of reaching an agreement with Israel that would ensure them their minimal rights. “Unfortunately, Israel has seized most of the lands of the West Bank and the only way left for us is the national resistance,” he said. “Regrettably, the Palestinian Authority and its president do not want any kind of resistance after they got rid of the fighters who say that resistance is the only want to liberate the land.” (Source: JPost )

Kaddoumi’s remarks about returning the West Bank to Jordan apparently came in response to recent statements made by Jordan’s Prince Hassan bin Talal, who served as crown prince between 1965 and 1999. Recently in a meeting with Palestinian citizens in Jordan, Prince Hassan bin Talal made an unusual statement, saying that the territories of the West Bank are actually part of the Hashemite Kingdom of Jordan. He added that the two state solution is irrelevant in the current stage.

The Jordanian option has on occasion been raised as a promising approach. Given some of the facts from history this is not surprising, after all, most of Jordan’s population is Palestinian. In 1948, Arab armies attacked the newborn State of Israel. Transjordan annexed the area intended for an Arab state, and renamed itself the Kingdom of Jordan, calling the annexed area the “West Bank”. In 1967 West Bank came under Israeli control during the Six Day War of 1967.

From Israeli point of view many Israelis view the involvement of the two Arab states that have signed peace treaties with Israel as central in providing security and stability in the territories from which Israel has departed.

UN bid

Since we can’t defeat Israel in war, we must do it in stages, we must take whatever area of Palestine we can get, establish sovereignty there, and then at the right time, we will have to convince the Arab nations to join us in dealing the final blow to Israel. (Yasser Arafat)

Palestinians are now implementing a diplomatic offensive to get votes in favor of their partial statehood bid, or better say in favor of giving Palestinians non-member observer status, at the United Nations. Palestinians say they intend to ask the U.N.’s General Assembly to vote on the matter on either 15th or 29th Nov. 2012.

Israel and the United States are opposed to the move, saying Palestinians should negotiate their statehood with Israel, not conduct unilateral moves. Also if a Palestinian state is established there, many fear that it would be taken over by Hamas. Last year Palestinians tried and failed to achieve status as a full member state at the U.N. Security Council.

PLO had obtained membership in the international organization in 1974. Mr. Kaddoumi made quite good remark during his interview, mentioned above, that the UN had recognized the Palestinian state declared by Yasser Arafat in 1988, adding that 105 countries had since lent their own recognition. “By going back to the UN, Abbas is falsely creating the impression that he is making achievements that were already achieved,” he said.

My view

As possible solutions for Israeli-Palestinian conflict there has been 3 (Israel, WB, Gaza), 2 (Israel, Palestine) and 1 (Isralestine) state scenarios, then of course allways easy option is a ”status quo” scenario. Here I connect three-state scenario (sometimes described also as nostate option) with Egyptian-Jordanian solution aka Jordan-Egypt option aka Shared Jordanian-Egyptian rule: Amman rules the West Bank and Cairo runs Gaza.

The three-state solution essentially replicates the situation that existed between the 1949 Armistice Agreements and the 1967 Six-Day War. Beginning in 1949, Egypt occupied the Gaza Strip, Jordan occupied the West Bank and East Jerusalem, and no Palestinian Arab state existed. In 1950, Jordan officially annexed the West Bank and granted the Arab residents Jordanian citizenship.

Land Gained and Returned

I have been advocating long Three State Option as the most pragmatic solution to Israeli-Palestinian conflict. For 19 years, Judea and Samaria were part of Jordan, its population Jordanian citizens, and the geographic juxtaposition between Israel and Jordan should make delineating the border between the two countries in an agreement considerably easier than reaching a deal on a border between Israel and a Palestinian state that might be established in the area. If three state solution will be implemented so Israel would receive security guarantees from Jordan’s monarchy, which made peace with Israel in 1994, rather than from a politically enfeebled Palestinian president as well from Egypt, which has peace deal with Israel since 1978, rather than from outside supervised Hamas.


As Egypt now is opening Rafah border crossing and when its current leadership better cooperates with Hamas it would be easier than before logistically and politically annex Gaza with Egypt e.g. as autonomous province with cultural and economical independence. Annexing Palestinian West Bank areas similar way with Jordan could decrease Israeli security concerns and hence allow smaller buffer zones and less fragmented area for Palestinians. Once the three-state option is reality the work can begin of building infrastructure and maybe even freedom, democracy, and the rule of law in Egypt and Jordan. (More e.g. in
The Three-State Option could solve Gaza Conflict )

An excerpt from historical background of disputed territories

I generally ignore Israel’s biblical rights (e.g that the borders of Israel in accordance with the divine promise in the Bible: from the Euphrates to the river of Egypt) related to Judea and Samaria aka Westbank but as they explain one part of Israeli’s arguments today I would like to mention from historical rights the era of tribal periods when the Israelite tribes lived as a confederation. The Torah traces the Israelites to the patriarch Jacob, grandson of Abraham, who was later renamed Israel. Jacob’s twelve sons “Israelites” (also the “Twelve Tribes” or “Children of Israel”) means both the direct descendants of the patriarch Jacob/Israel as well as the historical populations of the United Kingdom of Israel.This united monarchy was established in around 1020 BCE when the tribes united.

 David, the second King of Israel, created a strong unified Israelite monarchy in c. 1006 BCE and also established Jerusalem as its national capital 3,000 years ago. Beginning in the 5th century BCE, the remnants of the Israelite tribes came to be referred to as Jews.

Contemporary history gives more relevant view to present conflict. From Israeli point of view the legal rights to the land are based to the Balfour Declaration of 1917 and the League of Nations San Remo Conference of 1920. The geographical area called Palestine was to become a homeland for the Jewish Homeland. The land was administered as British mandate. Britain split off 75% of Palestine to establish the Emirate of Transjordan split off 75% of Palestine to establish the Emirate of Transjordan on the eastern bank of the Jordan river. This part is now known as the modern Kingdom of Jordan. The Peel Commission of the late 1930’s endeavored to partition the western portion of the original Jewish Homeland into Jewish and Arab mini-states, the latter to mollify Arab rioters fomented by the Grand Mufti of Jerusalem, Haj Amin al Husseini, an close ally with Hitler during WWII.

In 1948, Arab armies and volunteers – from Egypt, Jordan, Iraq, Lebanon, Syria, Saudi Arabia, Yemen and Morocco – attacked the newborn State of Israel. Transjordan annexed the area intended for an Arab state, and renamed itself the Kingdom of Jordan, calling the annexed area the “West Bank”. Egypt took over Gaza. These areas controlled by Jordan and Egypt from 1948 to 1967 came under Israeli control during the Six Day War of 1967.

As a result of the 1978 Camp David accords – in which Egypt recognized the right of Israel to exist and normal relations were established and Sinai was returned to Egypt. A peace treaty was also made with Jordan and which officially renounced its claim to the West Bank in 1988 when the late King Hussein announced his kingdom was cutting off its administrative and legal ties to the area.

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