Showing posts with label Peace talks. Show all posts
Showing posts with label Peace talks. Show all posts

Thursday, April 3, 2014

US/Israeli Interests Diverge as Palestinians seek UN agency membership



The implications of Palestine seeking membership in UN and international organizations are seismic for Israel, Palestine and the US.  The divergent interests of the US and Israel will come to a head in Congress as members will have to choose between US interests and the Israeli interests. For Palestine, it is now more at parity with Israel as the threat of seeking justice within these UN agencies makes Israelis shiver as the threats of international sanctions, economic boycott and international criminal trials for its current and former leaders loom in the horizon.

For the Palestinians, the decision to seek membership in UN agencies is a win-win move which was precipitated by Israel’s breach of its commitment to release the last of the 104 Palestinian prisoners it was holding before the Oslo Agreement.  Palestinians were enticed by Secretary of State John Kerry to restart peace talks with Israel in July, 2013 on condition that 104 Palestinians will be released and that final status discussions would be addressed. The Palestinians agreed not to seek membership in UN agencies.

When Israel breached its part of the agreement, the Palestinians, seeing no progress on the final status issues, applied to 15 UN agencies for membership.  Israel wanted Palestine to recommit to the talks beyond the April 29, 2014 deadline set out when the “talks” began but the Palestinians stated that the release of the prisoners was already agreed to and would not commit to extend the talks for the same agreement. The US then tried to sweeten the deal by considering releasing the notorious Navy spy Jonathan Pollard in exchange for the release of 400 Palestinian women and children prisoners held by Israel. (The reader should note very clearly that this is an admission by Israel that it is imprisoning Palestinian children.)

Additionally, Secretary Kerry elicited a show of “restraint” by Israel in new housing starts that did not include settlements in East Jerusalem and did not include housing starts already announced. On Tuesday, April 1, 2014, Israel, in what it thought was a cunning move before an agreement could be reached, announced over 700 new housing starts. This was the last straw for the Palestinians and the Palestinian Liberation Organization Action Committee unanimously voted to seek UN agency membership.

The divergence of US and Israeli interests was evident when Palestine was granted membership in the UN agency UNESCO in 2012.  The US had to stop paying its membership dues in UNESCO as two US laws, over 20 years old, compel the US to de-fund any UN organizations which approves Palestine’s membership. The laws were intended to keep Palestine out of these organizations as a way to protect Israel. The law, however, was ill conceived for it has and will hurt the United States while protecting Israeli interests.  Congress attempted to influence member nations of these organizations to vote against the acceptance of Palestine for fear of losing significant US funding.  Members of UNESCO were not easily bribed.

For two years the Obama administration sought a waiver from Congress without success, and last November the U.S. lost its voting rights at UNESCO as a result of being two years in arrears.  US Ambassador to the UN Samantha Powers urged Congress on April 2, 2014 to repeal or waive the law in its application to Palestine stating that defunding UN agencies that admit Palestine is not in the interests of the US. She stated that defunding these agencies would be a “double win” for the Palestinians. With US influence in these agencies diminished through losing its voting rights, Russia, China and even Cuba would take the lead.

UNESCO’s purpose is to contribute to peace and security by promoting international collaboration through education, science, and culture in order to further universal respect for justice, the rule of law, and human rights along with fundamental freedom proclaimed in the UN Charter.  Some UNESCO sponsored projects include literacy, technical, and teacher-training programs; international science programs; the promotion of independent media and freedom of the press; regional and cultural history projects; the promotion of cultural diversity; translations of world literature; international cooperation agreements to secure the world cultural and natural heritage and to preserve human rights, and attempts to bridge the worldwide digital divide. These are all within the interests of the US but with the loss of its voting rights, that influence has been negated—all because Congress has put Israel’s interests ahead of the interests of the US.


A pro-Israeli Congress would be reluctant to allow Congressional members to vote their conscience to grant a waiver or repeal these laws. The Israeli lobby, true to its history of championing Israeli interests over US interests, will not allow Israel interests to be hurt and therefore, its considerable power over Congress will restrain Congressional members from voting for US interests and against Israeli interests. The Israeli lobby has demonstrated on numerous occasions that it champions Israel’s interest over the US interests; most recently over President’s policy visa vie Syria and Iran. The lobby in both cases wanted the US to attack these countries over a reluctant American public’s weariness over two unfunded wars.

With the Israeli lobby ever threatening each member’s election over their loyalty to Israel, members of Congress will be in a quagmire trying to decide whether they should act in the best interest of the US or Israel—or more accurately whether they are willing to put their own re-election interests at the mercy of the Israeli lobby or whether they will do the very thing they were elected—protecting US interests.

Secretary of State John Kerry was perceptive in January, 2014 when he stated that if a peace agreement is not reached, Israel will be further isolated.  He must have foreseen that the US must now act in its own self-interest and cannot therefore base its international relations based on the interests of Israel.

The US cannot allow other nations’ political agenda to drive the US out of the UN and its agencies. The decision whether to fund these agencies must be based on the totality of US security, political, and economic interests served by the agencies. Congress will have to stand up for American interests and tell Israel that the divergence of US and Israeli interests is at hand. US foreign policy cannot be based on the interests of another nation.

U.S. diplomats have warned Israel that the United States cannot stop further Palestinian moves at the United Nations, especially if the current negotiations collapse—which they have despite the statement by Secretary Kerry to not write off the “talks”.

The move to seek membership in UN agencies is yet another step toward legitimacy for the Palestinian State after having won “non-member observer state” status in 2012 from the UN General Assembly.  Legitimacy for the Palestinian Authority is also achieved from the Palestinian people who have been exasperated by yet another round of “talks” with Israel that are endless and lead to no end. A great majority of Palestinians, most of which are moderate and who were supporters of the Oslo Accords, have become frustrated with an endless state of talks that never end, that are always conditioned upon an agreement to agree on something else in the future.  They were also frustrated that as the Palestinian Authority was conducting “talks” with Israel, Israel killed over 60 and wounded over 900 Palestinians; Israel kept building and building more Israeli settlement housing; and the illegal Israeli settlers were cutting down more and more Palestinian olive groves. Thus, taking the step to seek membership in UN agencies is very much favored by the Palestinian people in Palestine and around the globe.

Once Palestine is a member of UN agencies, it can seek to address the Israeli violations. For example, Article 2 of the Fourth Geneva Convention states that signatories are bound by the convention both in war, armed conflicts where war has not been declared, and in an occupation of another country's territory. In addition, the United Nations Security Council, in 1993, adopted a report that concluded that the Geneva Conventions had passed into the body of customary international law, thus making them binding on non-signatories to the Conventions whenever they engage in armed conflicts. 

The Fourth Geneva Convention clearly states the illegality of an occupying power moving its people to occupied areas. The International Court of Justice has given an advisory statement regarding the Israeli wall built deep on Palestinian land. The advisory ruling in 2007 states clearly that as an occupying power, Israel is forbidden to settle in Arab areas captured during the 1967 war.  Thus the status of the Israeli colonization (settlements as the press calls them) will be legally challenged through legal means once Palestine is granted membership in the Fourth Geneva Convention and the International Court of Justice.

Palestine will be in position not only to bring war crimes against Israeli officials but against countries and corporations who support or benefit from the occupation of Palestine. Tzipi Livni, Israel's foreign minister during the War on Gaza in 2008-2009, was cautioned by legal experts not to leave Israel if the Palestinians resorted to the “nuclear option”, i.e. seeking membership in UN agencies. Corporations worldwide, like Caterpillar, can be sued for aiding in the Israeli practice of demolishing Palestinian homes, 27,000 since 1967. Legal precedents have been set by the case against former Yugoslavia President Slobodan Milošević and against Shell Oil--which had to make a hefty settlement to Nigerian farmers after being indicted for human rights violations in its efforts to extract oil. The tide is turning towards justice for the Palestinian people.

By applying for membership in UN agencies, the Palestinians are on the road to achieving parity with Israel. Parity is much needed. The latest action by the Palestinian Authority may be the action that achieves parity. Parity has been thwarted by the diplomatic shield that the US has been giving Israel for more than 6 decades. That shield is evaporating as Palestine’s admission into these agencies has caused a diversion of US and Israeli interests.



Sunday, March 30, 2014

Palestinian Exasperation - Israeli Desperation

In July, 2013 United States Secretary of State John Kerry brought the Palestinian and Israeli parties to the negotiating table to discuss peace yet again. The deadline for those talks was set as April 29, 2014. To entice the parties to the table, certain agreements were made by both sides.  But the alluring factor for many Palestinians was that final status issues would also be discussed.  With less than a month before that deadline, we are entrenched in a dispute not over those core issues but about whether side issues will be met or whether the Palestinians will seek justice at international forums.  Another 9 months have been wasted and the status quo has gone from exasperation to desperation.


There was a great reluctance among the majority of Palestinians to begin yet another chapter of talks with the Israelis. Many Palestinians felt and continue to feel that they do not need to endlessly talk to no real end and that talking to Israel served Israel’s interest to perpetuate the decades old cruel military occupation of their land and their people and preventing the Palestinians from seeking justice through international forums.  Israel, instead of agreeing to stop all settlement building activities, agreed to release 104 pre-Oslo prisoners in four installments, the latest of which has been breached. The Palestinians agreed not to go to United Nations forums to seek international justice against the Israelis—and Palestinians have thus far kept their end of the bargain.


Now the talks are at a juncture which is not aimed at resolving the issues of the status of Jerusalem, the right of return for Palestinian refugees, the border issues or even water rights—a fundamental issue to any peace agreement but which has not been given much consideration by the parties and the media.  Instead the topic of discussion is whether the Israelis will release the last batch of Palestinian prisoners and who will decide which prisoners will be released but only for extending the talks.  


During the last 9 months of “talks” Palestinians have witnessed

  •          over 60 Palestinians being killed and over 900 wounded by Israeli soldiers.
  •          an increase in housing starts in the illegal settlements

o   August 12, 2013."Israel approves 900 additional homes in East Jerusalem". http://www.timesofisrael.com/israel-approves-900-additional-homes-in-east-jerusalem/
o   On 10 January 2014. Israel approved plans for 1,400 settler homes. http://www.reuters.com/article/2014/01/10/us-palestinians-israel-settlements-idUSBREA090KW20140110
o   January 21, 2014. Peace hopes fade as Israel plans 381 more settler homes http://www.globalpost.com/dispatch/news/afp/140121/peace-hopes-fade-israel-plans-381-more-settler-homes-0
·         
  •       reports of olive trees being cut down are rampant in the media. Here is but a sampling:

o   March 27, 2014 Settlers cut down 50 olive trees near Nablus http://www.maannews.net/eng/ViewDetails.aspx?ID=685271
o   October 5, 2013 Palestinian farmer: West Bank settlers destroyed 129 olive trees http://www.haaretz.com/news/middle-east/1.550637
o   October 21, 2013 Israeli Settlers Chop down more Palestinian Olive Trees (having destroyed 800,000 since 1967) http://www.juancole.com/2013/10/settlers-palestinian-destroyed.html
o   October 19,  2013 ISRAELI SETTLERS ACCUSED OF DESTROYING PALESTINIAN OLIVE TREES http://america.aljazeera.com/articles/2013/10/19/israeli-settlerschopdown100treesinwestbankvillage.html
o   March 3, 2014  Israeli settlers destroy olive trees in West Bank http://www.presstv.com/detail/2014/03/03/352980/israelis-destroy-olive-trees-in-wb/


The results of the talks have been a step forward for Palestinians, not in terms of achieving a State anytime soon, but in terms of positioning in negotiations.  While it is the Palestinians who were and continue to be exasperated, it is the Israelis who are desperate. The Palestinians have been exasperated by 20+ years of endless talks that have led to no end. Palestinians are no closer to a State then in 1993 or the last 9 months. The Israelis are desperate to prevent the Palestinians from seeking justice at UN forums, especially at the Human Rights Commission and at the International Criminal Court. Additionally, Israelis are deathly afraid of the Boycott, Divest and Sanctions Movement which is growing by leaps and bounds.  Secretary of State Kerry has warned Israel of a third Intifada and further isolation.


Continuing the “talks” without any real progress to date is an exercise in futility for Palestinians and will only serve Israel’s interests.  By agreeing to the continuation of the talks, Palestinians will allow Israel to buy additional time to continue building more settlements; continue building the apartheid wall; continue to murder, wound and imprison more Palestinians; and continue to uproot more and more Palestinian olive trees.  Additionally, the abusive Israeli military checkpoints will not be eased and Israeli dominance over Palestinian lives will go unabated.


Exasperated by another Israeli demand to recognize Israel as a Jewish State, Palestinians obtained the support of the Arab League in rejecting this demand.  This demand was not imposed upon the Jordanians or the Egyptians when Israel negotiated peace treaties with these countries. Additionally, this was not addressed in the Oslo Accords or any of its ancillary agreements. It is yet another demand creatively concocted by Israeli Prime Minister Benjamin Netanyahu not for any altruistic purpose but for Israel’s selfish purpose—to kill the peace process. This is not Nethanyahu’s first attempt to redefine terms or impose new wordings in order to kill the peace process. In 1996 during his first stint as Prime Minister, he changed the Madrid Conference formula from “land for peace” to “land for security” which inevitably destroyed the Oslo movement towards a comprehensive peace.


Today, Netanyahu is concocting all sorts of schemes to maintain the status quo for as long as possible and to preventing the Palestinians from seeking justice at international forums. All the following proposals are aimed at eliciting a rejection so as to blame someone other than Israel for the failure of the “talks”:

·         Besides, the Jewish State recognition demand, Netayahu wants to maintain a military presence in the Jordanian valley thus eliminating a border between Palestine and Jordan.
·         March 2, 2014. Israel: Stop nuclear Iran and we’ll agree to Palestinian state http://www.thesundaytimes.co.uk/sto/news/world_news/Middle_East/article1381901.ece
·         March 23, 2014 Swap proposed over release of Palestinian prisoners and spy (Jonathan Pollard) http://www.globaltimes.cn/content/850216.shtml#.UzAZsPldWSo  Israel’s yet another attempt to have the notorious Israeli spy released from an American prison.
·         Netanyahu earlier tried to tie the Wye River Agreement to the release of Jonathan Pollard in October, 1998. http://www.highbeam.com/doc/1P2-4461414.html


The one proposal that will win over hearts and minds for peace is not even suggested by Netanyahu—freezing settlement activity. While Netanyahu does not want peace, he wants the peace talks to endlessly go on to no real end. This duplicity in political posturing has caught up with him as the world understands his witty proposals are not aimed at furthering peace but at perpetuating the Israeli hegemony over the Palestinian people and land.


After nine months of “talks” there is a complete perpetuation of everything negative about the occupation. Palestinians are positioned at this time with a stronger negotiating power. They should use this power effectively.


The “talks” can go on for another 6 months but only if the Palestinians extract certain conditions from the Israelis. Palestinians should demand the following in exchange for not pursuing unilateral diplomatic actions in international forums, such as taking Israel to the International Criminal Court:

  •         Demand that any further Palestinian deaths at the hands of Israeli soldiers be investigated by a trilateral Palestinian/Israeli/US tribunal.
  •          Demand that all Israeli settlement building activity in the West Bank and Jerusalem be frozen, including but not limited to “natural growth.”
  •          Release of additional Palestinian prisoners including Marwan Bargouti
  •          Demand that a joint tribunal of Israelis and Palestinians will investigate and prosecute those responsible for destroying the Palestinian olive trees.
  •          Demand that Israel arrests and tries Israeli settlers who commit crimes against Palestinians.



Should Israel not agree to these demands, Palestinians should walk away from the “talks”. There is no need to discuss anything with Israel while Palestinian rights, land and dignity are continually trampled upon.  


Should the Talks Collapse, Palestinians should then then employ the following (from my article Should the Talks Collapse—What Then?  http://fadizanayed.blogspot.com/2013/09/if-talks-collapse-what-then.html)  


  •         Palestinians should demand that Fatah and Hamas reconcile.
  •          The Palestinian police should be ordered to take their guns and give them to the Israeli soldiers at the checkpoints. We need to be David using a rock against the military might of the Big Israeli Army.  We do not need the guns that are not effective against the Mighty Israel Army.  We should confront Israel with our stones from Mother Earth against the tanks and helicopter gunships.
  •          The Palestinian Authority should no longer accept money from donor nations.  We cannot afford to be bribed into complacency and to accept the status quo of a continued brutal military occupation.
  •        Palestinians should use their cameras, camcorders and cell phones to inundate Facebook, Twitter, blogs and all forms of social media with images of the atrocities of the Israeli army.
  •        Support the Boycott, Divestment and Sanctions movement against Israel
  •        Palestinians need to organize a coherent message of non-violence that needs to be shared by thousands on these social media outlets.  Throwing stones against the military occupier is within the international right of Palestinians to resist the Israeli occupation of Palestine.
  •        Palestinian youth need to understand the power of the land and use it against the military occupation forces.  This is not a call to arms but a call to repel the occupation. 




Additionally, Palestinians should do what the Israelis fear most—go directly to the International Criminal Court and hold Israeli officials accountable for its human rights abuses toward Palestinians.