web analytics
March 5, 2015 / 14 Adar , 5775
At a Glance
InDepth
Sponsored Post


Syria (Today) and ‘Palestine’ (Tomorrow) II

Easily misrepresented or abused, international law can generally be manipulated to serve virtually any preferred geo-political strategy.
Louis Rene Beres

Louis Rene Beres

As I noted last week, what is currently taking place in Syria closely resembles what we can ultimately expect in a future “Palestine.”

In principle, and contrary to his beleaguered country’s overriding legal rights and security interests, Israeli Prime Minister Benjamin Netanyahu agreed to a Palestinian state back in June 2009. Yet Mr. Netanyahu, more or less prudently, conditioned this concessionary agreement on prior Palestinian “demilitarization.” More specifically, said the prime minister: “In any peace agreement, the territory under Palestinian control must be disarmed, with solid security guarantees for Israel.”

In fact and in law, this published expectation offers no effective obstacle to Palestinian statehood, or to any subsequent Palestinian war against Israel.

Neither Hamas, now subtly closing ranks with its once more powerful Muslim Brotherhood mentors in post-Morsi Egypt, nor Fatah, whose “security forces” were recently trained by American General Keith Dayton in nearby Jordan at very great American taxpayer expense, will ever negotiate for anything less than full sovereignty. Why should they? Supporters of Palestinian statehood can readily discover authoritative legal support for their stance in binding international treaties.

Easily misrepresented or abused, international law can generally be manipulated to serve virtually any preferred geo-political strategy, a jurisprudential twisting sometimes referred to as “lawfare.” For example, pro-Palestinian international lawyers, seeking to identify self-serving sources of legal confirmation, could conveniently cherry-pick pertinent provisions of the (1) Convention on the Rights and Duties of States (the 1933 treaty on statehood, sometimes called the Montevideo Convention), and/or (2) the 1969 Vienna Convention on the Law of Treaties.

Israel, as an existing sovereign state, has a basic or “peremptory” right to survive. From the standpoint of the government’s responsibility to assure citizen protection, a responsibility that goes back in modern political thought to the 16th century French philosopher, Jean Bodin, and also to the seventeenth-century English theorist, Thomas Hobbes, this right is also a fixed obligation. It was, therefore, entirely proper for Netanyahu to have originally opposed a Palestinian state in any form, an opposition, incidentally, once shared by Shimon Peres, himself the proudest Israeli champion of a “two-state solution.”

To wit, in his otherwise incoherent book, Tomorrow is Now (1978), Peres had said the following about Palestinian statehood:

The establishment of such a state means the inflow of combat-ready Palestinian forces into [Judea and Samaria]: This force, together with the local youth, will double itself in a short time. It will not be short of weapons or other military equipment, and in a short space of time, an infrastructure for waging war will be set up in [Judea, Samaria] and the Gaza Strip…. In time of war, the frontiers of the Palestinian state will constitute an excellent staging point for mobile forces to mount attacks on infrastructure installations vital for Israel’s existence.

In writing about “time of war,” this former prime minister had neglected to mention that Israel is already locked in a permanent condition of war. The war, not “tomorrow” (whatever that was intended to signify) is now. Pertinent target “infrastructure installations” could include Dimona, and also a number of other presumably vulnerable Israel nuclear reactor facilities.

Any Israeli arguments for Palestinian demilitarization, however vehement and well intentioned, are certain to fail. International law would not even expect Palestinian compliance with any pre-state agreements concerning the right to use armed force. This is true even if these compacts were to include certain explicit U.S. guarantees. Moreover, per the Vienna Convention on the Law of Treaties, because authentic treaties can only be binding upon states, a non-treaty agreement between the Palestinians and Israel could prove to be of little or no real authority.

What if the government of a new Palestinian state were somehow willing to consider itself bound by the pre-state, non-treaty agreement? Even in these very improbable circumstances, the new Arab regime could have ample pretext to identify relevant grounds for lawful treaty termination.

A new Palestinian government could withdraw from the treaty-like agreement because of what it regarded as a “material breach,” a reputed violation by Israel that allegedly undermined the object or purpose of the agreement. Or it could point toward what Latinized international law calls Rebus sic stantibus. In English, this doctrine is known as a “fundamental change of circumstances.”

About the Author: Louis René Beres (Ph.D., Princeton, 1971) is professor of political science and international law at Purdue University and the author of many books and articles dealing with international relations and strategic studies.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Syria (Today) and ‘Palestine’ (Tomorrow) II”

Comments are closed.

Current Top Story
US Secretary of State John Kerry with German Foreign Minister Frank-Walter Steinmeier before P5+1 talks. (Nov. 22, 2014.)
Fears Over US Iran Deal Trigger Mideast Nuclear Race, Saudi-South Korea Deal
Latest Indepth Stories
Ron Prosor

Values at the very heart of the UN are threatened by extremist ideologies targeting our way of life

Ayatollah Ali Khamenei

Anti-Semitism today focuses on Israel and the quest to delegitimize it.

Ballots for elections "made in Samaria."

Any Jew who ties his fate to Israel should be able to vote in Israel’s elections-even before aliyah

A young Moshe Meir Weiss introduces his mother, Mrs. Agnes Weiss Goldman, to Rav Moshe in 1979.

There were no airs about him. Rav Moshe was affectionately known as the Gaon of Normalcy.

Israel’s full sovereignty over a united Jerusalem is the only path for true peace in the region.

Just like Moses and Aaron, Mordechai decides to ruin the party…

The president has made clear – I can’t state this more firmly – the policy is Iran will not get a nuclear weapon.

Obama has an apparent inability to understand Islam in particular and Mid-East culture in general

Pesach is a Torah-based holiday whose fundamental observances are rooted in Torah law; Purim is a rabbinic holiday whose laws and customs are grounded in the rabbinic tradition.

In honor of Prime Minister Netanyahu’s successful speech before Congress.

Mr. Spock conveys a message with painfully stark relevance to our world today, especially in the context of PM Netanyahu’s speech to Congress.

Obama created the “partisan politics” by asking Dem. party members to avoid Bibi and his address

Enough is enough. The Jewish community has a big tent, but the NIF should have no place in it.

I vote for the right and get left-wing policy. Every. Frigging. Time.

More Articles from Louis Rene Beres

A “Palestine” could become another Lebanon, with many different factions battling for control.

Louis Rene Beres

President Obama’s core argument on a Middle East peace process is still founded on incorrect assumptions.

Once upon a time in America, every adult could recite at least some Spenglerian theory of decline.

President Obama’s core argument is still founded on incorrect assumptions.

Specific strategic lessons from the Bar Kokhba rebellion.

Still facing an effectively unhindered nuclear threat from Iran, Israel will soon need to choose between two strategic options.

For states, as for individuals, fear and reality go together naturally.

So much of the struggle between Israel and the Arabs continues to concern space.

Printed from: http://www.jewishpress.com/indepth/columns/louis-bene-beres/syria-today-and-palestine-tomorrow-ii/2013/09/18/

Scan this QR code to visit this page online: