More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Alan Dershowitz

Alan Dershowitz

GET UPDATES FROM Alan Dershowitz
 

President Obama's Mistake

Posted: 05/19/11 08:46 PM ET

President Obama should be commended for his emphasis on Israel's security and his concern about Hamas joining the Palestinian Authority without renouncing its violent charter. But he made one serious mistake that tilts the balance against Israel in any future negotiations. Without insisting that the Palestinians give up their absurd claim to have millions of supposed refugees "return" to Israel as a matter of right, he insisted that Israel must surrender all of the areas captured in its defensive war of 1967, subject only to land swaps. This formulation undercuts Security Council Resolution 242 (which I played a very small role in helping to draft). Resolution 242, passed unanimously by the Security Council in the wake of Israel's 1967 victory, contemplated some territorial adjustments necessary to assure Israel's security against future attacks. It also contemplated that Israel would hold on to the Western Wall, the Jewish Quarter of Jerusalem and the access roads to Hebrew University, without the need for any land swaps. Land swaps would only be required to make up for any areas beyond those contemplated by Resolution 242. The Obama formulation would seem to require land swaps even for the Western Wall.

Any proposed peace agreement will require the Palestinians to give up the so-called right of return, which is designed not for family reunification, but rather to turn Israel into another Palestinian state with an Arab majority. As all reasonable people know, the right of return is a non-starter. It is used as a "card" by the Palestinian leadership who fully understand that they will have to give it up if they want real peace. The Israelis also know that they will have to end their occupation of most of the West Bank (as they ended their occupation of Gaza) if they want real peace. Obama's mistake was to insist that Israel give up its card without demanding that the Palestinians give up theirs.

Obama's mistake is a continuation of a serious mistake he made early in his administration. That first mistake was to demand that Israel freeze all settlements. The Palestinian Authority had not demanded that as a condition to negotiations. But once the president of the United States issued such a demand, the Palestinian leadership could not be seen by its followers as being less Palestinian than the president. In other words, President Obama made it more difficult for the Palestinian leadership to be reasonable. Most objective observers now recognize Obama's serious mistake in this regard. What is shocking is that he has done it again. By demanding that Israel surrender all the territories it captured in the 1967 war (subject only to land swaps) without insisting that the Palestinians surrender their right of return, the president has gone further than Palestinian negotiators had during various prior negotiations. This makes it more difficult for the Palestinian leadership to be reasonable in their negotiations with the Israelis.

It is not too late for the president to "clarify" his remarks so that all sides understand that there must be quid for quo -- that the Palestinians must surrender any right to return if the Israelis are expected to seriously consider going back to the 1967 lines (which Abba Eban called "the Auschwitz lines" because they denied Israel real security).

If President Obama is to play a positive role in bringing the Palestinians and the Israelis to the negotiating table, he should insist that there be no preconditions to negotiation. This would mean the Palestinians no longer insisting on a settlement freeze before they will even sit down to try to negotiate realistic borders. The president did not even ask the Palestinians to return to the negotiating table. Nor did he ask them to drop the condition that he, in effect, made them adopt when he earlier insisted on the freeze.

The president missed an important opportunity in delivering his highly anticipated speech. We are no closer to negotiations now than we were before the speech. My fear is that we may be a bit further away as a result of the president's one-sided insistence that Israel surrender territories without the Palestinians giving up the right of return. I hope that Prime Minister Netanyahu's visit to Washington may increase the chances of meaningful negotiations. I wish I could be more optimistic but the president's speech gave no cause for optimism. I wish it had been different because I strongly support a two-state solution based on a willingness by Israel to surrender territories captured in 1967 coupled with a willingness of the Palestinians to recognize Israel as the nation-state of the Jewish people, to renounce the use of violence and terrorism and to give up any right of return.

 
President Obama should be commended for his emphasis on Israel's security and his concern about Hamas joining the Palestinian Authority without renouncing its violent charter. But he made one serious ...
President Obama should be commended for his emphasis on Israel's security and his concern about Hamas joining the Palestinian Authority without renouncing its violent charter. But he made one serious ...
 
 
  • Comments
  • 1,026
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Highlights
Recency  | 
Popularity
Page: 1 2 3 4 5  Next ›  Last »  (14 total)
HUFFPOST SUPER USER
lbsaltzman
Permaculture and Sustainability
01:06 AM on 05/28/2011
The no settlement ploy ain't going to work. Israel must be stopped from building illegal settlements, which is to say all settlements, that cannot be negotiable.
HUFFPOST SUPER USER
Cynthia Rays
peace in the valley seeker
01:01 AM on 05/28/2011
Alan, You lost me at O.J. Simpson
06:32 PM on 05/25/2011
That's odd, the words "Western Wall" and "Hebrew University" don't seem to appear in UN resolution 242.

Although this does:

"(i) Withdrawal of Israel armed forces from territories occupied in the recent conflict;"
11:34 AM on 05/24/2011
The average Americans eyes gloss over when someone begins to claim that the US doesn't support Israel enough. We don't want to hear about Israel anymore. Solve your problems, or expect to have people lecture you on how to solve them. Legalistic, convoluted arguments about how this is not the right time, or how everything needs to be just so......, come on.
photo
HUFFPOST SUPER USER
courtb
05:44 AM on 05/28/2011
Come on yourself. You don't know the average American. You can only speak for yourself.
12:21 PM on 05/23/2011
I'm sorry..... ?!?
The Palestinians are supposed to agree to swap their land for .... their land?
photo
Kramerica-Industries
And with Darren’s help, we’ll get that chicken
06:49 AM on 05/28/2011
You are right the status quo is working out much better for them.
07:06 AM on 05/28/2011
Not really. The status quo just keeps costing them more and more of their own land as Israel keep on annexing it for settlements. They may have a chance at a country and a life if they take their statehood demand to the UN GA and it passes. They've got no chance if they continue to fall for the US/Israeli demand of what amounts to spending the next 20-60 years just talking about an ethereal peace deal that will never materialize.
11:55 AM on 05/23/2011
I think this is the beginning of the fall of Barack Obama. People who want him ousted in 2012 should praise his revisit on Israel 1967 Border issue. Republicans also thank this revisit.
11:19 AM on 05/23/2011
The God of Israel gave this small piece of land to Abraham as a covenant, with a promise to those who Bless Israel He will Bless and those who Curse(hate stand aganist) He will Curse, Genesis 12 1-3 Woe to those who divide his land, and that He would cut them as they cut His Land. Zechirach
The Jewish people have Blessed the world, computers, cell phones,vaccinations,all the world would be Blessed because of His people. Israel is Gods and you know in your Heart if its not been darkened that I'm telling is the Truth. Beware We havent even begin to see the disaster this President will bring on US.
01:28 PM on 05/22/2011
What else did you expect from Obama?
12:35 PM on 05/22/2011
Well said. Absolutely agree.
This user has chosen to opt out of the Badges program
11:50 AM on 05/22/2011
What is it with our Govt Leaders? You'd think they have enough on their minds besides their genitals! Governers? President? IMF CEO's. Okay I expect it with "athletes" and "movie stars", but people that we middle class schmucks depend on! Is it those orgazms they seek that puts our world in the crapper? Just to name a few who are in the "Barn Door Club"..Clinton, Edwards, Schwarzenegger, Spitzer, Newt Gingrich, Tiger Woods, Bret Farve..gosh one could go on and on! oh Yes, Pastors too..Jimmy Swaggert!
09:33 AM on 05/23/2011
Wrong thread, zaydesvox.
This user has chosen to opt out of the Badges program
11:30 AM on 05/22/2011
As if it's only Israel that has to make concessions! The "Hamas Hate Jews" mentality prevails among most Palestinians minds be it Gaza or the West Bank! Pes Obama's speech at Aipac makes me think..who is he.."Janus"? "Will the real Barak Obama please stand up"! Does Obama know who we are fighting in Iraq and Afghanistan (& Pakistan & Libya)? It aint the Eskimos in Antartica!
10:41 AM on 05/23/2011
when the US, Marshall Islands, and Palau vote against the Palestinian UN resolution you can feel noble.
10:17 AM on 05/22/2011
A very interesting article on HAARETZ.COM "Netanyahu has invited America to punish Israel"

U.S. President Barack Obama has exposed the naked truth - Netanyahu does not want peace, does not want a Palestinian state, is not a true friend of the United States.
By Gideon Levy

http://www.haaretz.com/print-edition/opinion/netanyahu-has-invited-america-to-punish-israel-1.363226#wrapper

I must admit it is a little left, but interesting coming from someone inside Israel.
photo
HUFFPOST SUPER USER
Slater Torret
01:09 PM on 05/22/2011
There is a peace movement in Israel (not sure how large), a perspective rarely heard in the MSM.

Nice article.
photo
HUFFPOST SUPER USER
courtb
05:46 AM on 05/28/2011
You should check out the Haaretz editorials. Levy is a bit too left even for the liberal peace movement within Israel.
10:04 AM on 05/22/2011
Mr Dershowitz, which countries interest comes first, US or Israel? Because we are sure going to be by ourselves with Israel during the UN vote in September unless something is done. I hope the President looks after our interest first before letting Netanyahu drag us down a lonely road with only the two of us against our allies.
photo
SaneUSA
American, Jew, Zionist.
12:10 PM on 05/23/2011
I'd rather be alone and right, than popular and wrong.
photo
HUFFPOST SUPER USER
Relpo Miraculous
Psychobiological Anthropology
02:41 AM on 05/22/2011
It will be fascinating to watch the dueling speeches at AIPAC - Obama on Sunday and Netanyahu on Monday - as well as listening to Bibi's Joint Session of Congress speech on Tuesday. Expect more war of words from both men as Netanyahu exposes Obama's pandering to the Arabs as the naive maneuverings of a rank amateur.

And mark my words, Congress is going to give Bibi a 20 minute standing ovation on Tuesday and anyone who follows this issue should wait breathlessly for it.
photo
HUFFPOST SUPER USER
rowdiman
Cayman Mitt: Why ya hiding your money?
09:20 PM on 05/21/2011
At this point, if Netanyahu disagreeing with Obama, then I know POTUS did not make a mistake.

Netanyahu met with Sarah. That ended any credibility he had with me after that.