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Alan Dershowitz

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The Case Against the Left and Right One-State Solution

Posted: 03/21/2012 1:18 pm

Both the extreme left and the extreme right are now calling for a one state solution to the Israeli-Palestinian conflict. Of course the one state solution each seeks is completely different: the left wants yet another Arab state in place of Israel; the right wants a Jewish state that encompasses what is now the West Bank, in place of any Palestinian state. Both are prescriptions for undemocratic disasters and for the ultimate delegitimation of Israel as the democratic nation state of the Jewish people.

I have advocated a two-state solution, based on secure borders for Israel, since the early 1970s, when I debated Noam Chomsky, who was then an advocate of a secular bi-national state. I advocated a version of what was then known as "the Alon Plan," which, in effect, would have annexed portions of the captured territories that were necessary for Israel's security but would have precluded Israeli civilian settlements in other captured areas. This plan was consistent with Security Council Resolution 242, which allowed for some territorial annexation by Israel to achieve secure borders. I did not, and do not now, advocate a return to the indefensible 1967 lines, which reflected nothing more than temporary truce lines following the attack on Israel by the surrounding Arab states in 1948.

Now the hard left wants to eliminate these borders and create one state which would soon become another Arab Muslim state in which Jews would be a minority, while the soft left wants Israel to return all the territory captured in the defensive war of 1967, with mutually agreed acre-for-acre land swaps (to which the Palestinians now seem unwilling to agree).

The hard right, on the other hand, wants Israel to annex and settle the entire West Bank, make it part of Israel, but deny its Arab residents the right to vote and become citizens. (If the hard right position were to grant voting and citizenship to the Arab residents of the West Bank, they would be agreeing with the hard left's position on a "democratic" one state solution that would quickly turn into an undemocratic Muslim state based on Sharia law, as specified in the Palestinian Constitution).

Both one state solutions would end in Israel's delegitimation as the democratic nation-state of the Jewish people. That's why the vast majority of Israelis, as well as every centrist Israeli leader, rejects both the left and right wing versions of the one-state solution.

An Israel that would permanently deny millions of Arab residents the rights of citizenship would become illegitimate not only in the eyes of the international community, but even more important, in the eyes of most Israelis and Israeli supporters around the world. Israel would cease to be a democracy if nearly half of its residents could not vote. Some on the hard right would "solve" this problem by expelling the Arab residents of the West Bank. That too is not a solution that is consistent with democratic values.

In a recent article entitled "Disputing Dershowitz," Martin Sherman tries to make the hard right case against the two state solution. In doing so, he never even addresses the issue of democracy. This is perhaps because he doesn't care whether his "one state" is or is not democratic. But the vast majority of Israelis, and their leaders and supporters, do. But because Sherman doesn't value democracy, he seems willing to impose his undemocratic solution in an undemocratic manner on unwilling Israelis and Palestinians.

He makes the absurd argument that the Palestinians are not a people based on the fact that they don't have a unique language, script, religion, heritage or history. By that standard, the United States should still be part of Great Britain, because the American Colonists, who were being denied full citizenship, also lacked those characteristics. The Palestinians are a people because they regard themselves as such and seek to govern themselves. They will secure self-government, however, only if they come to the bargaining table, with no preconditions, and with the realization that they must accept borders and other conditions that assure Israel's security. They must also realize that they are not coming to the negotiating table in the same bargaining position as the Israelis. The Israelis secured the West Bank after winning a defensive war started by Jordan, in whose place the Palestinians now stand. By demanding preconditions from the Israelis to receive what they claim is their land, the Palestinians remind us what Abba Eban said in 1967 when the Arabs rejected Security Council Resolution 242:

"This was the first war in history which has ended with the victors suing for peace and the vanquished calling for unconditional surrender."

The major reason there is still no two-state solution is the Palestinian unwillingness to accept Israel as the nation-state of the Jewish people, to acknowledge the need for border adjustments necessary for Israel's security, and to renounce the phony "Right of Return," which is simply another ploy to secure a one-state solution.

The hard right is correct when they point out that there are risks associated with the two-state solution, but the vast majority of Israelis are prepared to accept those risks (reduced by border changes and other security measures) in order to assure a democratic Israel which will remain the legitimate nation-state of the Jewish people.

 
 
 
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09:59 PM on 04/13/2012
Has anyone ever seen the documentary with the Palestinian and Israeli kids, they get along they don't hate they are taught hate as they get older. Guess what it's the same as the Catholic and the Protestant kids in Northern Ireland. I don't see the good in going back to the Biblical times to find the answers. I asked one New York Rabbi son why peace hasn't been made and he said that Israel didn't want to appear weak. I think there is a big difference between having issues with the politics of Israel and the Israeli people. This conflict has been so ongoing that is seems they would fight over a grain of sand just for the sake it. What needs to be discussed is the future and safety of the children on both sides and that of the world not the past wrongs which are plenty on both sides of the conflict. I think the children could work out an agreement better than most of these scholarly academics/politicians. I don't have a dad because of his involvement with this conflicted region he is a shell of a man, existing only to forget. I'm 36 and nothing has changed, all I want is a dad.
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Domingo Cardoza
USARMY Ret. _Unabowed America-Firster
04:24 PM on 03/23/2012
this is as moderate as I ever heard from Dershowitz. Good step sir, I am waiting still yet on your justification on why can't Israel stop the settlement activity, recognized by all as the biggest obstacle - literary, not figuratively -to negotiations. But I am sensing that Mr Dershowitz is also alarmed to the current conditions of settlements makes the 2-state solution unattainable. You really can not argue against a 1-state without raising the settlement subject.
03:32 AM on 03/23/2012
Hello Moderators, are you working tonight on this blog? I put forward two perfectly acceptable posts where are they?
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Json
Cynical dreamer, sarcastic idealist...
05:40 PM on 03/22/2012
Why is everyone so angry at Dershowitz?? He is advocating for a 2-state solution. Isn't that what everyone wants?
He is taking a very reasonable position, but I guess advocating for anything other than Israeli surrender isn't good enough for some.
Rosin the Bow
Palestine doesn't want peace. Meshaal said so
08:19 AM on 03/23/2012
"Isn't that what everyone wants?"

Obviously not.
08:19 PM on 03/24/2012
People are angry at Dershowitz because they can't accept the fact that most pro-Israel supporters and Israelis seek peace and are willing to make territorial concessions (for example, giving up the entire Sinai Peninsula, as well as withdrawing from southern Lebanon, and uprooting their citizens from Gaza, which fulfilled U.N. Resolution 242).
04:45 PM on 03/22/2012
Professor Dershowitz advising the indigenous Palestinia­­ns to stop promoting their narrative's right of return (i.e. the reality of their forcible displaceme­nt) but in the very same breath demanding that they adopt and publicly declare the Zionist narrative (i.e. the imagined reality of a historic Jewish state in Palestine after a nearly 2000 year absence), is hypocricy.

Think about what this means for second. The displaced Palestinians must unilateral­­­­­­ly declare the very legitimacy of their dispossess­­­­­­ion and expulsion without qualificat­­­­­­ion, so that their nuclear-armed displacers (whose six decades of residency was established through their own "right of return") can "feel secure enough" to want to seek "peace" with them.

That many in Israel feels this same way comes as no surprise to the Palestinians. While it is certainly true that the right-wing parties are more oppressive, what the author fails to understand is that the “dispossesion” has occurred, and continues to occur, regardless of the party in power.

The demand that Palestinians themselves publicly declare and condone such dispossession serves nothing more than to ease the conscience of well-inten­­tioned Zionists. Current attempts to criminaliz­­e talk about the Nakba are proof of this, and perhaps even a subconscio­­us admission of guilt by Zionists of the sins of their project.

Again, this is not to say that Israel should not exist, but to point out injustice of requiring the dispossessed to make such a declaration, prior even to making amends to them for their displacement.
08:18 PM on 03/24/2012
The reality of their forcible displacement? While there may be a few isolated incidents, there was no policy of displacement. The Arabs in 1948 left when Arab leaders make statements calling on them to leave so invading armies can enter, and they would quickly return once they "threw the Jews into the sea." Luckily that never happened. Many others left after Arab radios reported the lie of Deir Yassin, that women and children were raped there, hoping that would cause Arabs to hate even more and attack more fiercely. It backfired, and many fled. UNRWA only helps to perpetuate the conflict, instead of acting like the UN High Commission for Refugees, which deals with all other refugees, and helps resettle them.

Of course, I stopped reading after you destroyed historical knowledge by claiming that a Jewish state never existed in the area. No point in arguing if people can't even accept history, and have to deny history to fit their own distorted narrative. Same goes for Holocaust deniers. Why should I argue with someone who denies written documents, archaeology, geneaologies, scrolls, Hebrew texts, Babylonian texts, Roman texts, etc...?
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BcemXAHA
אני כלום בלעדיהם
03:06 PM on 03/26/2012
palis are not indigenous, they are squatters.
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Boduognat
Lasciate ogne speranza, voi ch'entrate.
11:06 AM on 03/22/2012
1) The mere fact that Dershowitz on several occasions calls Israel's Wars "defensive" actually means that Israel was the attacker and the aggressor, just like the USA called the Iraq War a "defensive" War, which off course, it wasn't.

2) "only if they come to the bargaining table, with no preconditions", "they must accept conditions"
How do you invite someone for negotiations "without preconditions" when your own first precondition is the other party must "accept conditions"? What kinda negotiations are that?

3) "They must also realize that they are not coming to the negotiating table in the same bargaining position as the Israelis." Does Dershowitz want the Palestinians to wash their occupiers' feet or something?

Let's keep this simple: Israel militarily occupies 4 million people who have inalienable rights, which are recognized by the International Community. These are:

1) 1967 borders
2) East Jerusalem as Capital
3) Removal of ALL settlements
4) Return of Refugees.

It is up to Israel to offer a fair bargain and compensation to the Palestinians if they want the Palestinians to give up any of these rights, in part or in full.

http://news.bbc.co.uk/2/hi/middle_east/1682640.stm
Rosin the Bow
Palestine doesn't want peace. Meshaal said so
11:28 AM on 03/22/2012
1. Israel's wars were all defensive.
2. Quoting out of context = fail.
3. No, he wants them to accept the fact that they aren't going to get everything they want.

The Palestinians DO NOT have the "right" to ANY LAND.
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SamSeven
You're either with Humanity or you're not.
01:22 PM on 03/22/2012
Of course all of israelies wars are defensive. Israel doesnt attack anybody. The European Jews terrorist gangs gave chocolates and flowers to the Palestinians in 48. The Israelies defended themselves against those nasty Egyptians protecting their terrority in the Sinai. Dont mention the Brits who were pestered by those Egyptians showing their nationalism over their own terrority. Those pesky Arabs always had us Israelies for our great chocolates and flower bouquets. Those Palestinains they dont exist because they arent Israelies it must have been in a typo on all those land deeds.
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Domingo Cardoza
USARMY Ret. _Unabowed America-Firster
04:29 PM on 03/23/2012
"The Palestinians DO NOT have the "right" to ANY LAND. "

Everybody should condemn what you just said.
11:54 AM on 03/22/2012
Boduognat,

Excellent post.

I would Fan you again if I could.

And a Fav is definitely in order as well.
05:04 PM on 03/22/2012
You know what is REALLY in order Ibn Rushd? Palestinians getting their own act together.You are fighting windmills and ghosts. Come down to earth and reality. Posts, and Favs do not get Palestinian people one thing! Your posts do not even make any sense in the context of the commentline. No facts, no arguments, nothing to show for your effort. You are not convincint anyone of anything. Being part of the cheerleader amen-chorus is for girls wearing very short skirts.
02:58 PM on 04/02/2012
The foot washing we've been searching for.
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the81kid
08:17 AM on 03/22/2012
"They will secure self-government, however, only if they come to the bargaining table, with no preconditions, and with the realization that they must accept borders and other conditions that assure Israel's security. They must also realize that they are not coming to the negotiating table in the same bargaining position as the Israelis."

So, not equal at all, Mr Dershowitz.
The Palestinians have been abused and occupied for over 45 years. The "winners" have an obligation to abide by international law.
NOT demand that the "losers" come to the table with no preconditions, while Netenyahu constantly asks for preconditions: recognize Israel as a Jewish state (racist? and how exactly do you define Jewish? religion? ethnic? cultural? ancestry? can we convert and join the club?) etc.

This is the most reasonable I have heard Mr Dershowitz. And he still is very biased towards Israel - the nation that violates international law, kills 100x Palestinians than the reverse and constantly complains about being the victim.
Rosin the Bow
Palestine doesn't want peace. Meshaal said so
08:41 AM on 03/22/2012
"The Palestinians have been abused and occupied for over 45 years. The "winners" have an obligation to abide by international law."

No, the losers are obligated to make peace or stop whining about being occupied.

"s: recognize Israel as a Jewish state (racist? and how exactly do you define Jewish? religion? ethnic? cultural? ancestry? can we convert and join the club?) etc."

Why don't you ask the Palestinians about their Arab state?
04:39 PM on 03/22/2012
"Why don't you ask the Palestinians about their Arab state?"

Remind me when the Palestinians demanded that Israel recognise the "Arab state of Palestine" as a precursor to talks.

Thank you.
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60699
08:53 AM on 03/22/2012
"...not demand the "losers" come to the table with no preconditions......" And when has that EVER happened in history. Declaring a war and declaring a victory is not the same thing.
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NTT
Fighting rants with facts
08:09 AM on 03/22/2012
On a theoretical level -- I totally agree. Two-state would be the most equittable. (Even though Palestinian Arab nationhood is VERY doubtful -- your comparison with USA/Britain is a false analogy: Palestinian Arabs have NOT been separated by an ocean for centuries...)

On a practical level, however, this is not achievable. Arabs have been presented with various partition solutions for the past 90 years -- they've rejected every one of them. Even the Peel partition, which gave them 85% of what they (now) call "historic Palestine".

Given that an agreed 2-state solution is unachievable, Israel is justified in devising & implementing its unilateral solution, aimed at achieving military & demographic security.

This will include:
- Annexing to Israel most of West Bank's Area C; its Arab inhabitants get the choice of applying for full Israeli citizenship or getting financial compensation and resettling in Areas A, B.
- Evacuating all Jewish settlements outside the annexed territory; their inhabitants get the choice of being compensated & resettle in Israel or renounce Israeli citizenship & stay put.
- Phasing out all supply of services to Areas A, B (electricity, fuel, healthcare, etc.) within 3 years; Jordan, Egypt invited to supply these services, if they so desire.
- Crossing from Areas A, B to Jordan controlled by Israel to prevent smuggling of weapons. No crossing into Israel.

Good-bye; good riddance.
01:54 AM on 03/23/2012
I believe Israel will eventually need to take Unilateral decision as well and rid itself of this albatross it's been caring around it's neck for last 4 and half decades. The non existent right of return, the division of Jerusalem, defending the Jordan Valley are intractable issue's. I don't see in the near future a Unified Palestinian Government, unless Hamas becomes the majority with it's Charter being the official policy of the PLO. I believe Gaza and W.B. will remain as is for some time and what could happen is that Gaza may end up in hands of PRC and Islamic Jihad Iran's Proxy's. That would push Hamas into the West Bank, causing more radicalization in the region. However even after Israel takes Unilateral move to separate itself from territories, it doesn't mean good bye and good riddance. There may still be room to negotiate some remaining outstanding issue's in exchange for a "cool peace", such as connecting pathway between Gaza and W.B, water agreements, and some changes to the Security Barrier and new borders, and improved economic trade, & diplomatic relations.
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NTT
Fighting rants with facts
08:19 AM on 03/23/2012
I fully agree that there will still be many things to negotiate -- as there are even between 'normal' neighbors. But it takes two to negotiate anything and unfortunately Arab leaders have a track record of sulking rather than negotiating, even when it is obviously in their people's interest to negotiate. Imagine just how the region's map would look today if the Arabs would have negotiated based on the recommendations of the Peel Commission, which the Jewish leadership indicated they were willing to do...
08:37 PM on 03/24/2012
You are right it is unlikely that Palestinian leadership will agree to a solution (at least, in the near future). Your solution of annexing Area C, while unlikely to happen by the Israeli government in the near future, makes the most sense. Only 3% of Palestinians live in Area C, so it would not be a "demographic threat." However, your last two points will never happen - Jordan and Egypt don't want anything to do with controlling the Palestinians there. Egypt has always had a cold peace with Israel, and the new government hates Israel even more and is extremely anti-Semitic. They want to use the Palestinians as a tool. Jordan doesn't want to take over Palestinians, for the same reason they gave up their claim to the area - the ruling Bedouin minority doesn't want more revolts by the Palestinian majority.
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Kramerica-Industries
And with Darren’s help, we’ll get that chicken
05:34 AM on 03/22/2012
What we will have eventually is not a two state solution or a one state solution but a two state no solution.
After reading the far reaching offer Olmert offered the Palestinians and was refused it seems like there is nothing more Israel can offer the Palestinians. It is in Israel's best interest to seperate themselves from the Palestinians and it will do so unilaterally if the Palestinian rejectionism conitune. At some point in the future Israel would return to the realignment plan the "Hitkansut". Israel will draw its own borders, evict settlements outside the blocs, annex settlement blocs and desired parts of the East Jerusalem municipality and reroute the security barrier. Thus keeping a strong Jewish majoirty on one side of the wall where not a single Palestinian lives under Israeli occupation, and a Palestinian state on the other. Palestinian leaders will get their wish of a Palestinian state on most of the territory they asked for without ending the conflict without ending future demand for the rest of Israel or giving up the right of return.
If then Palestinians wish to enter negotiations for an agreement to end the conflict, they will have to do it from a weaker position where time is on the Israeli side and the demographic time bomb is diffused.
06:22 AM on 03/22/2012
the offer was not even for the 67 borders, which in itself is less than half of palestine
It also demanded that they are not allowed to have an army are not allowed to control their own immigration polcies, ect

To top it all off israel refused to even pruduce a map of the deal they were proposing
It was a joke
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Kramerica-Industries
And with Darren’s help, we’ll get that chicken
06:37 AM on 03/22/2012
It was land equal in size to the 1967 borders the exact size of land Palestinians asked for day one of negotiations. Part of that land was a safe passage connecting the West Bank and Gaza somthing Israel wasn't obliged to offer. The limitiation on the Palestinian military force is somthing that is agreed on both sides and is not a deal breaker with the Palestinian leadership. For some reason Palestinian military capabilites is much more of an issue with the anti Israel crowd than with Palestinian negotiators. Abbas saw the map, Olmert refused to let him have it to be used as a starting point in future negotiations if he refused to the offer.
Show a link to your claim Palestinians were not allowed to control their own immigration policies please.
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Kramerica-Industries
And with Darren’s help, we’ll get that chicken
07:02 AM on 03/22/2012
By the way if as you say the West Bank and Gaza is less than half of Palestine. Meaning all of Israel is also Palestine. What is the diffrence if they get the same size of land on the Israeli side of the 67 lines in exchange for land on which Jews now live?
05:13 AM on 03/22/2012
Arbitration. Familiar with the concept? It happens when two sides are In dispute. Fails when one side to even sit down to discuss the problem

Oh and millennia of missed opportunity to build ur state Palestinians
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the81kid
08:18 AM on 03/22/2012
Here you are again, just calling Palestinians and Arabs names, and ignoring international law.
Rosin the Bow
Palestine doesn't want peace. Meshaal said so
10:00 AM on 03/22/2012
Here you are again, just saying the phrase "international law" over and over again.
05:15 PM on 03/22/2012
What names were Arabs and Palestinians called in that comment? Please, explain!
12:29 AM on 03/22/2012
Dersh, why do you post on a left leaning news site (that trends far-left in terms of its views on zionism), and spend your whole article attacking a fringe right wing idea, as wrong as it may be?

Not the sort of intellectual bravery we're used to from you.
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11:52 PM on 03/21/2012
I have read where Palestinian Leaders have suggested (during the Clinton negotiations) that the "Right of Return" can be solved with compensation (money). Just pay it and be done with this argument. Secondly, if a plan to create a vibrant Palestinian economy is successfully put in place boundary lines will not matter. An economically prosperous Palestine along side a prosperous Israel could over time become like the US and Canada or more appropriately modern France and Germany were the borders fought over previously are unimportant today.
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Sam Bark
It's a MAD world after all...
03:26 AM on 03/22/2012
john456 - Did you read it in the pallywood playbook...... Go and read Clinton's memoirs and you'll learn that the RoR was the main reason Arafat refused Clinton's plan and went back to Ramallah to start Initifada 2......
Lasr, you are dreaming about peace there! The palestinians are not interested in a two-state solution, they are seeking to REPLACE Israel with a Muslim state, look at their maps and books, there is NO Israel anywhere to be found in the Mideast, stop kidding yourself.... If there was any interest they would had accepted 1948 Partition plan or setup an independent sovereign state during the 1948-67 period when the Arabs controlled what the palis claim today for a state.....
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09:34 AM on 03/22/2012
You totally miss the point and are being lead by those whose interest in maintaining power is to keep the area in a state of termoil. The only true authority with the ability (not just power) to affect change is the Israeli government in conjunction with the US. Forget about any "deal". Start programs that raise the standard of living, open borders to facilitate trade, treat acts of terror as police matters, and in general create an atmosphere that raises living standards throughout the area. Once a viable middle class is established among the Palestianians and Israeli prosperity among the economically disadvantaged (if reports on Israeli poverty are correct) physical violence between the two groups will dramatically subside. Everyone will have too much to lose. This conflict has been going on for 70 years and the West Bank and Gaza have been occupied for 45 years so it will not be quick. In fact it could take 20 years. (I believe many Palestianians and Israelis, too that could have facilitated such a plan are long gone from the area. Anybody that could, left at least on the Palestianian side) Once everyone has too much to lose boundary lines may be argued but they will not be fought over and viable Palestianian and Jewish states can be established with free flow tof the populace between them (Each could still retain their citizenship in their respective states thus avoided the demographic concerns of the Jewish population.)
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05:15 PM on 03/22/2012
That is exactly when it happened! When Arafat cited that the refusal was based on not including the "Right of Return", a Palestianian "Leader" with Arafat's contingent stated, "We can not give up the Right of Return 'without compensation'". When I read that, I wrote and thought, ask "how much". Make this about money. No one is willing to die for money; they may have someone else die so they get money. Once the "cause" is a negotiation over money it loses credibility. Personally, I thought, ask how much and then pay it without haggling; it would be worth it.
04:31 AM on 03/22/2012
Camp david was 2000. They rejected that.

They reject every opportunity for peace. Why.

Cos the Pal DONT WANT PEACE. They want to build nupalestan on the ashes of a fallen Israel
Wake Up pally
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10:34 AM on 03/22/2012
OOOhh!!
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SamSeven
You're either with Humanity or you're not.
01:44 PM on 03/22/2012
Fallen Israel, cry me a river!
11:21 PM on 03/21/2012
"They will secure self-government, however, only if they come to the bargaining table, with no preconditions, and with the realization that they must accept borders and other conditions that assure Israel's security."

So, no preconditions for them, lots for us.
04:33 AM on 03/22/2012
Correct. Since when did the vanquished get to set the agenda

Oh yes they're Palestianian. They're soooooo special eh?
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SamSeven
You're either with Humanity or you're not.
01:44 PM on 03/22/2012
Good kill any Palestinians today or how about yesterday? Does it make you feel good?
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SamSeven
You're either with Humanity or you're not.
02:18 PM on 03/22/2012
Remember Israelies are more Special then Palestinians.
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Robert SF
11:25 AM on 03/22/2012
Since when does the losing side in a military war get to call the shots?
10:36 PM on 03/21/2012
"The major reason there is still no two-state solution is the Palestinian unwillingness to accept Israel as the nation-state of the Jewish people, to acknowledge the need for border adjustments necessary for Israel's security, and to renounce the phony "Right of Return," which is simply another ploy to secure a one-state solution."

I rarely agree much with Dershowitz, but that pretty much sums it up.
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10:35 AM on 03/22/2012
I don't
05:24 PM on 03/22/2012
And you are? And your argument is?