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April 20, 2014 / 20 Nisan, 5774
At a Glance

Posts Tagged ‘statehood’

Jeopardizing Deal, Palestinians to Approach UN for Statehood

Tuesday, January 14th, 2014

The PLO leadership on Monday night announced that it is in the process of putting together a plan for the Palestinian Authority to join international organizations under UN direction, as well as sign international conventions, Israel Radio reports.

The plan is being devised by the PLO political committee, on instructions from PA Chairman Mahmoud Abbas.

When the current peace negotiations began, some seven months ago, the Palestinians committed to delay approaching international organizations for recognition, in return for the release of 104 terrorists from Israeli jails.

That one worked out nicely.

The PLO announcement Monday night blamed Israel’s government for the difficulties in the political process.

Jewish Home Chairman and Minister of the Economy Naftali Bennett told Israel Radio there’s no difference between Abbas and his predecessor Yasser Arafat. Bennett said the PA chairman, like Arafat, keeps talking about a million shahids-martyrs marching on Jerusalem and refusing to ever give up the “right of return,” not just for Arab refugees who actually left their homes in Israel in 1948-9, but all of their descendants.

Likud MK Tzachi Hanegbi told Israel Radio that it appears the Palestininas have been objecting to the U.S. attempts to galvanize a statement of principles reflecting the progress that’s been reached on some core issues. Hanegbi believes has been gravitating to an anti-peace position from which he is refusing to depart, over Jerusalem, the right of return and recognizing Israel as a Jewish state.

Senior Labor MK Eitan Cabel told Israel Radio he thinks neither side has been negotiating in good faith, and they each spend their time looking for ways to pin the failure of the talks on the other.

On Sunday, Palestinian Authority Foreign Minister Riyad al-Maliki met with Secretary of State John Kerry it the office of the American ambassador to Paris, and told the secretary that the Palestinians oppose recognizing Israel as a Jewish state and insist that East Jerusalem becomes the future Palestinian capital.

Commenting on Kerry’s new shuttle meetings with Arab foreign ministers who are members of an Arab League committee, to solicit their support for the peace process, al-Maliki said Arab diplomats support the Palestinian position on all major issues.

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

Wednesday, September 18th, 2013

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.”

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

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