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Alan Dershowitz

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President Obama Has Right Goals on Israeli-Palestinian peace, But Wrong Strategy

Posted: 06/02/11 04:31 PM ET

Now that Prime Minister Netanyahu is back in Israel and President Obama is back here, it is time to assess the effect their dueling speeches have had on the prospects for peace.

There is one factual conclusion on which the Israelis and the Palestinians completely agree: following President Obama's recent speech -- and repeated explanation of it -- on the Israel-Palestine conflict, we are further than ever from peace negotiations. President Obama has managed, in one fell swoop, to harden the positions of both sides and to create distrust of him by Israelis and Palestinians alike.

My criticism of the president is not directed at whether he is pro-Israel or anti-Israel, pro-Palestinian or anti-Palestinian. In fact, I believe that his actions have not been motivated by any antagonism toward the Jewish state. He simply does not understand the dynamics of Middle East negotiation. I am disappointed in him not because I support Israel (which I do), but because I support peace based on a two-state solution. I agree with President Obama about his "ends," while disagreeing about his "means."

Indeed there is little in the content of the president's statements with which I disagree. Rather, it is with his negotiating strategy, his constant need to explain himself, and his utter tone-deafness to the music, as distinguished from the lyrics.

The president has asked the Israelis to agree to negotiate new borders based on the 1967 lines, with land swaps. But he did so without asking the Palestinians to agree to drop their demand that millions of so-called "refugees" -- those who fled or left Israel during the 1947-49 Arab attacks against the Jewish state, and their descendents -- be allowed to "return" to Israel. New borders would be meaningless if this demographic bomb were to be dropped on Israel, turning it into yet another Arab state with a Palestinian majority. Everyone knows, as a matter of reality, that this is not going to happen, just as everyone knows that Israel will eventually give up most of the West Bank as it did the Gaza Strip. But it is critical to any successful negotiation that these two issues -- borders and "the right to return" -- be negotiated together. The Israelis will never agree to generous borders for the Palestinians unless they are assured that their identity as the nation-state of the Jewish people will not be demographically undercut by "the right of return." And the Palestinians will never give up their emotionally charged right of return unless that is an unambiguous prerequisite to achieving statehood with generous borders. The Obama strategy -- to demand generous borders from Israel first and leave the right of return to subsequent negotiations -- is a prescription for stalemate.

The president also helped cement the status quo by expressing his agreement with Israel's refusal to negotiate with a Palestinian government that includes Hamas -- unless that terrorist group first renounces violence, accepts Israel and supports prior agreements. The current position of the Israeli government is to invite the Palestinian authority to begin negotiations now, but to insist, as part of those negotiations and before any final agreement is reached, that Hamas either accept the president's current conditions or be excluded from the government. By appearing to go further than the Israeli government -- by seeming to justify an Israeli refusal even to begin negotiations with the Palestinian Authority until Hamas accepts those conditions or the Palestinian Authority rejects Hamas -- the president has made it harder for the Netanyahu government to resist the demands of Israeli extremists who oppose all negotiations.

Prime Minister Netanyahu originally planned to come to Washington with a generous peace proposal to entice the Palestinians back to the negotiating table. But President Obama painted him into a corner and made him change his script by notifying him, as he was about to board his plane, that the president was going to call for Israel to return to its 1949-1967 lines, without also calling for the Palestinians to give up their right of return. By thus preempting the Prime Minister, he forced him to become more defensive of Israel's bargaining positions and less willing to offer specific, generous concessions. The result was a powerful speech in defense of Israel by Netanyahu, an overwhelmingly positive response from Congress, and a movement away from peace negotiations.

All in all, President Obama's well-intentioned efforts to jump-start the peace process have backfired, not so much because he favors one side over the other, but because of the ham-handedness of his negotiation strategy. A negotiator or mediator whose statements move the parties further away from the negotiating table than they were before he spoke deserves a failing grade in the science of negotiation.

There is now a widespread consensus that President Obama should not have delivered the speech he gave, especially the part about the 1967 lines and land swaps. What the President should have done was to insist that both parties immediately agree to sit down and negotiate without any preconditions. It's not too late. But it will take yet another "explanation" of what President Obama really meant in his ill-advised speech.

Professor Dershowitz's most recent novel is The Trials of Zion.

 
 
 
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08:03 PM on 06/08/2011
Reconsidering this whole situation, I would say forget about the piecemeal approach, it will never work in this case. The borders and the right of return are inseparably linked, as is East Jerusalem which falls under the border dispute. The security issues are inseparably linked with Israel having a presence along the Jordan Valley, and the Palestinian state being demilitarized. The connecting pathway between Gaza and W.B. could be separate issue from the land swaps by building a underground transport modality.
05:55 AM on 06/05/2011
I see the Camp David 'generous offer' lie is being floated here again.

In ‘The Status of the Diplomatic Process with the Palestinians’ a briefing paper printed by Haaretz in December 2007 and prepared by Ehud Barak’s government for the incoming Olmert government, the real nature of the so-called ‘generous offer’ is spelled out:

1. Israel's illegal settlement blocs would be kept, with 80 percent of the settlers remaining in the West Bank on land annexed to Israel.

2. A wide "security zone," supervised by the Israeli army, would be maintained along the Jordan Valley in the West Bank, from the Dead Sea to the northern Jewish settlement of Meholah.

3. On East Jerusalem, Israel demanded massive territorial concessions in line with its illegal annexation of the part of the city occupied by Israel in 1967, with Israel wanting to maintain territorial contiguity for its illegal settlements in East Jerusalem, annex the Jewish and Armenian quarters, parts of the so-called ‘sacred basin’ and the so-called ‘Latrun Salient’, ensuring that E. Jerusalem would be a collection of Palestinian ghettos. In other words, the Palestinians were being asked to sign up to a deal that would give them a very compromised sovereignty over no more than about 14 percent of their historic homeland. (See: http://www.jkcook.net/Articles2/0309.htm)
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Boduognat
Lasciate ogne speranza, voi ch'entrate.
05:54 AM on 06/14/2011
The Israeli Peace Organisation Gush Shalom has made a concise, yet very clear flash presentation on the REAL implications of this alleged "generous" offer, that you accurately portray in your exposé, amongst a few other documents that set one or two things straight about "the only democracy in the Middle East":

Here's a direct link to it:
http://zope.gush-shalom.org/home/en/channels/downloads/baraks_offers/barak_eng.swf
09:18 PM on 06/03/2011
Obama is a truly horrible negotiator, that is why he keeps getting rolled by the Republicans. He shouldn't expect Israel to do what he does; offer upfront concessions in the vain hope that the other side will do the same. It doesn't work with the Republicans and it has never worked with the Palestinians.

Obama believes that his enemies will go for a 'win/win' situation. The Palestinians don't want to win unless the Israelis lose. That is why they walked away from Bill Clinton's peace table, and that is why they won't come to Obamas. And it is why the Republicans want to take us into recession again. They only want to win if Obama loses.
03:37 AM on 06/05/2011
"The Palestinia­ns don't want to win unless the Israelis lose."

Can you offer any evidence that the Palestinians would press for more than what is their right according to International Law, particularly the Universal Declaration of Human Rights?
Don't you think that the statement you have made above can only be truly be evidenced when, subsequent to those rights being acknowledged, the Palestinians demand more?

As a long time observer of this conflict, I have seen nothing to indicate that either the Palestinians claim anything more than is sanctioned by International Law or that Israel has ever offered to comply with it.

What is it that Israel might lose?
Possibly the privilege of being a State dedicated to the notion that one particular ethnicity/religion should rule but hey, isn't that the way of the World in the 21st Century?
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Iconcoclast
complicated laws are opportunities for scoundrels
06:16 PM on 06/03/2011
Obama did the same thing when he demanded the Israelis stop settlement activity, a demand that the Palestinians themselves did not make as a precondition to negotiations.

Basically, Obama should keep his mouth shut and go golfing. More progress might be made in the Middle East--heck, more progress might be made in encouraging the US economy to grow.
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seamonkeyking
Ching Dai, make me whole again!
02:33 PM on 06/03/2011
"President Obama has managed, in one fell swoop, to harden the positions of both sides and to create distrust of him by Israelis and Palestinians alike."

Dershowitz, always wrong, is always siding against America, and it's duly elected leaders. His loyalties lie with Israel.
Israel needs to be cut off. We can't afford friends like them, who take our money while insulting our President. We have the opportunity to befriend EVERYBODY ELSE, why should we side with them anymore? What have they done for us, besides spying and stealing our nuclear secrets?
09:58 PM on 06/03/2011
wow the post completeley went above your head
02:07 PM on 06/03/2011
Most progressiv­­­­es have now come to see Israel for what it is - an apartheid state. In time more and more Americans will become aware of what's actually going on over there.

The solution is simple, it worked for South Africa - boycott Israeli Products.

BOYCOTT ISRAELI GOODS CAMPAIGN:
http://www­­­.bigcamp­a­i­gn.org­/
hfpf
Wake up World.
03:15 PM on 06/03/2011
YYYYYYYAAAAAAAAWWWWWWWNNNNNNN!

BIG YAWN!
hfpf
Wake up World.
03:18 PM on 06/03/2011
You want to protest a country? Syria needs attention. Unless you are OK with the mutilation and torture of nine year old children, and wanton slau-ghter of the population.

www.nytimes.com/2011/06/03/world/middleeast/03syria.html
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HUFFPOST PUNDIT
marco01
03:30 PM on 06/03/2011
And here we have the typical Red Herring. Syria is not an ally of the US, we do not stand behind Syria. But the US fully stands by Israel while it mistreats and does grave injustice to the Palestinians. That's the difference, but I do not expect you to understand or acknowledge it because it demolishes this favorite red herring of Isreal apologists.
03:45 PM on 06/03/2011
Syria is a dictatorship, boycotting it would only hurt the ordinary people living there. Israel on the other hand claims to be a democracy therefore it is fair game for boycotting. Also, we don't fund Syria's military as we do Israel's, and Syria does not have our Congress in its pocket as Israel does. Nice attempt to deflect though - and quite telling that this is the only tactic open to you.
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marco01
01:39 PM on 06/03/2011
“…so-called "refugees" -- those who fled or left Israel during the 1947-49 Arab attacks against the Jewish state, and their descendents -- be allowed to "return" to Israel.†How can otherwise intelligent and good people such as Mr. Dershowitz be so blind here? These Palestinians were undoubtedly refugees, they were driven from their home by the 48 war. The exact reason they left is irrelevant, they were driven out of their homes and communities by war and they want to return to their homes - from the very beginning. One can only assume the reason for this is that Zionists believe that Arabs have no rights to the land at all in Palestine/Israel - despite the fact that Arab ancestry stretches back to prehistory in the Levant. It really seems to be a kind of racism.
02:49 PM on 06/03/2011
OTHER PEOPLE ARE LIVING IN THOSE HOMES NOW. YOU MOVE YOU LOSE.
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marco01
03:19 PM on 06/03/2011
GREAT, GOOD TO KNOW. I HAVE LONG SUSPECTED ZIONISTS AND THEIR SUPPORTERS CARE NOTHING FOR MODERN PRINCIPLES OF HUMAN RIGHTS, EXCEPT FOR THEMSELVES OF COURSE. ITS JUST THE SAME OLD MIGHT MAKES RIGHT.
hfpf
Wake up World.
03:25 PM on 06/03/2011
Can't seem to post today...Will try again.

Let's see....

I guess current US citizens should prepare to leave all the US land acquired through wa-r with Spain, England. France, and Mexico....and Native Americans.

When you engage in wa-r and lose, you sometimes lose land. Period.

The Palestinian society would be far better off trying to improve itself on what land they have, rather than trying to wage constant wa-r.
09:32 AM on 06/18/2011
Right. You forgot to mention that that land is getting smaller every day because illegal settlers are given more and more land. You also forgot to mention that Israel has declared Jerusalem to be its capital, denying the Palestinians their legal right, under international law, to East Jerusalem (the declaration wasn't recognized by anyone and was declared "null and void" by the UN). You also forgot to mention that Gaza is under occupation as we speak, a fact denied only by Israel's most extreme apologists - such as mr Dershowitz.
It's all convenient of course, to 'forget'.
01:00 PM on 06/03/2011
Oh, please. It is all President Obama's fault that Israeli Prime Minister Netanyahu claimed absolute power over the fate of the Palestinians? Please peddle your nonsense somewhere else Mr. Dershowitz. You have zero credibility, except with those who believe "Israel, right or wrong, forever."
jhNY
Mercy.
12:34 PM on 06/03/2011
"There is one factual conclusion on which the Israelis and the Palestinians completely agree"-- really, even the contrarians?
12:17 PM on 06/03/2011
I am becoming more and more convinced that either neither side wants peace or they are both incompetent in how to go about making it. And why should the USA be the No. 1 factor in making peace? Who has actually seen a detailed and complete peace proposal from anybody? Instead they keep going around in circles insisting on some precondition before they actually start negotiating. Let us instead see complete documents from both sides on their detailed vision of the two states and then start figuring out how to merge them. If that can't be done, then maybe they should switch to documents that describe a one state solution.
12:32 PM on 06/03/2011
"insisting on some preconditi on before they actually start negotiating"

Please point out the Israeli precondition to negotiating that you refer to, other than the obvious requirement that enemies purporting to negotiate peace must recognize the right of each other's existence, otherwise there is nothing to negotiate.
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marco01
01:42 PM on 06/03/2011
The Palestinian government in the West Bank has recognized Israel's right to exist, but it was not enough, Israel upped the anty. Now they must also recognize them as a Jewish state as well.
03:11 PM on 06/03/2011
You don't get it. If Israel can set preconditions, then no negotiations will happen. In the detailed document they of course should put down that each country recognizes each other. If the Palestinian side refuses to offer a detailed counter document, then Israel has a big propaganda coup.
12:10 PM on 06/03/2011
if this was about land why are the same people who want this piece of land why not demand the arab states where these same people living that they want their land back no its all about Israel they want these people gone if this was truly about a palestinian state why wont the arab states give them some land but most of the arab states want the jewish people dead you people do not listen to the arab leaders and most of their people when they saw death to isreal or you people agree with them it seems to me it is starting to be a lot like 1939 all over again
02:09 PM on 06/03/2011
Your logic makes about as much sense as your punctuation. Ugh.
11:37 AM on 06/03/2011
very well said
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OntheBorder
Part of the 47% that pays taxes
11:11 AM on 06/03/2011
There is now a widespread consensus that President Obama should not have delivered the speech he gave, especially the part about the 1967 lines and land swaps. What the President should have done was to insist that both parties immediately agree to sit down and negotiate without any preconditions. It's not too late. But it will take yet another "explanation" of what President Obama really meant in his ill-advised speech.

_____________________________________________________________________________


Good Grief, This must be the tenth blog on HuffPo trying to explain Obama’s INCOMPETENCE.

Obama is a lightweight on the international stage....the whole world giggles when he trys to explain his bungling time after time.

Not a quick study is he?
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marco01
01:44 PM on 06/03/2011
Hardly, that is the what the right in this country believes, it is not based in any kind of fact whatsoever. It is all made up nonsense, if you say it isn't, where is your proof? The fact is the whole world was laughing at their Bumbler-in-Chief Boosh.
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Amminadab
None of this is real
01:55 PM on 06/03/2011
Yeah, Obama really screwed up when bin Laden got killed.
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OntheBorder
Part of the 47% that pays taxes
02:51 AM on 06/04/2011
So you admit that getting OBL is the high point of Obama's accomplishments?
The SEAL ‘s got OBL, Obama watched on TV. I give the man credit for the decision, but he did not “get†OBL, the accolades for the kill go to the door kickers of Team 6.
10:17 AM on 06/03/2011
"those who fled or left Israel during the 1947-49 Arab attacks against the Jewish state" Hmmm. Don't you mean those who were chased out of their own land by terrorists?
11:37 AM on 06/03/2011
no, actually they were told to leave by the surrounding Arab states who were about to wage war. read history
jhNY
Mercy.
12:36 PM on 06/03/2011
So you believe none were chased off? Even most Israelis wouldn't go that far.
12:55 PM on 06/03/2011
so what does that have to do with the price of eggs?
There was wartime and they feared for their lives and their families. It's quite unusual to define war refugees as "disenfranchised" from their beloved home and lands.
Review this "historical fact" : the leaders of the surrounding Arab armies promised that the refugees would soon be able to return to their homes. Apparently a mistaken calculation on the Arab generals' part.
So now they can't come home? Egypt, Syria, Jordan waged war. Not the Israeli-Palestinians. They were told to run for their lives. So they did and the following history is that neither Egypt demanded Gaza back nor did Jordan demand return of the West Bank, a situation leaving war refugees interned in Lebanon as well.
Land swaps? You bet.
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TeraWatt60
Cogito Ergo Sum
09:31 AM on 06/03/2011
The right of return is a canard and "non-starter" from the Israeli perspective. The generation of Arabs that left so that their armies could destroy Israel is now at the very least 63 years old (if they were born in 1948) and is dying off.

Their claim to land inside Israel is tenuous at best. An analogy closer to home would be the
jhNY
Mercy.
12:38 PM on 06/03/2011
"The right of return is a canard and "non-start­er" from the Israeli perspectiv­e." And yet, this right has been on the table during negotiations since Camp David at least.