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Daniel Kurtzer

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A "Win-Win" for Palestine and Israel Is Possible

Posted: 08/16/11 12:43 PM ET

An already-hot summer in the Middle East -- war in Libya, regime crackdown in Syria and domestic political protests from Cairo to Tel Aviv -- threatens to boil over in September when the United Nations General Assembly considers the membership application of the State of Palestine. It is a foregone conclusion that the U.S. will exercise a veto in the Security Council if Palestine applies for full member status; this would leave Palestine the option of achieving the status of a non-member state. In either scenario, the moribund peace process will absorb another body blow and attitudes on all sides will harden. However, this does not have to be. If cooler heads can prevail, then diplomacy and creative thinking could result in a third option -- one that is win-win for all sides.

There is a way for the Palestinians to achieve the diplomatic boost they are seeking with UN membership while not damaging peace negotiations or undermining relations with Israel and the United States. There are least three elements worth examining -- separately or together -- that could turn what some are calling a "train wreck" into a successful outcome for all concerned.

First, the way the UN resolution is crafted could go far in assuaging U.S. and Israeli concerns and promoting both Israeli and Palestinian interests. For example, an important Israeli interest is Arab recognition of Israel as a Jewish state. In fact, UN Resolution 181, which is the foundation of Israel's independence, refers throughout its text to the creation of an "Arab state" and a "Jewish state" in the area of the then-Palestine Mandate. Thus, an artfully worded UN resolution presented in September could meet Israel's strongly-felt need for recognition as a Jewish state by stipulating that acceptance of Palestine as a UN member derives from the same UN Resolution 181 that specifies Israel's membership as the "Jewish state."

Second, the agenda of upcoming General Assembly sessions are littered with dozens of resolutions critical of Israel. They are devoid of any sense of balance, and each year they are offered and voted on mindlessly, accomplishing nothing. If the world is being asked to take seriously Palestine's desire to join the United Nations, then Palestine should be asked to withdraw these resolutions and stop the empty gamesmanship. Not only would this restore some sense of sanity in the UN agenda, but it would also restore some integrity to the way in that the UN addresses problems in the Middle East.

Third, a recent op-ed by Palestinian President Mahmoud Abbas left the impression that one of the benefits of full Palestine membership in the UN would be the ability of Palestine to take its case to international legal forums, such as the International Court of Justice or the International Criminal Court. We already had a taste of this when the issue of Israel's security barrier was taken to the ICJ. For Israelis and many others, a Palestinian campaign against various Israeli policies in these international legal forums is simply a ruse to delegitimize the Israeli state. Palestinians deny this, but the denials have not calmed Israel's nerves. Thus, in the context of Palestine's accession as a full member of the UN, the Palestinians should be asked to commit to negotiations and to refrain from transferring a political dispute to the international legal realm.

As important as it is to consider these creative trade-offs, it is also critical to focus on the precise wording of the resolution on Palestinian accession to the UN. If the resolution specifies details -- such as the location of the borders of the state of Palestine -- then it will undermine the very logic of the negotiating process. If, however, the United States, the Quartet, and -- especially -- Israel participate in negotiating the text of the resolution, drawing on the ideas noted above or other creative solutions, it might just be possible to develop a package that accomplishes three positive purposes: a resolution that delivers the diplomatic benefit sought by Palestinians, an outcome that provides some measure of political gain for Israel, and a Security Council text that does not foreclose final status issues by unilaterally determining their outcomes. Diplomacy should be accelerated, not abandoned, at this critical juncture.


Daniel Kurtzer is a Lecturer in Public and International Affairs at the Woodrow Wilson School and the S. Daniel Abraham Visiting Professor in Middle East Policy Studies at Princeton University. From 2001-2005 he served as the United States Ambassador to Israel and from 1997-2001 as the United States Ambassador to Egypt.

 
 
 
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HUFFPOST SUPER USER
courtb
11:51 PM on 08/16/2011
Hmm, very interesting points. I also liked a suggestion I read somewhere that talked about Palestinian statehood being linked to the cessation of any claims on Israel proper.
05:32 PM on 08/16/2011
well, the verdict is in. most posters don't wan't win-win. they just want win. Which means we'll all get lose.
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DemsNRepubRtheSame
He Who Causes the Darkness is the Guilty One.
04:48 PM on 08/16/2011
This thesis should be in the Comedy section. You are asking the Palestinians to trust the Israelis to write the draft?????? Are you really a comedian or just playing one???
04:55 PM on 08/16/2011
go back and read it. It doesn't say israel will draft it. You let your prejudices blind you and cloud your judgment.
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Bar Kokhba
I'd have a micro-bio if I knew how to make one
03:49 PM on 08/16/2011
Investing academic and intellectual power to render a solution is more an exercise in self promotion or vanity by the writer rather than facts on the ground. Each time I read a well intentioned, or more often a treatise replete with specious allegations, the essayist typically or conveniently disregards the words of Arab leaders throughout the world, and specifically those Arab stake holders who frame the conflict and could facilitate a true and lasting peace.People such as Nabil Shaath, Abu Mazur, Haniyea and ever other Arab leader, espouses the same ideals as Hamas's head of international relations, Osama Hamdan issued a press release where we learn these wonderful things:
• Hamas does not rule out kidnapping more Israelis in order to better its bargaining position in a prisoner swap.
• "Resistance will continue, God willing, in order to liberate the land of Palestine from the [river to the] sea."
• Palestine has entered a fierce battle with Israel on two fronts. The first front is resistance against the occupation [i.e., Israel] continuing until its termination, and the second to preserve the unity of the Palestinian people.
• Resistance will humiliate the Zionist enemy and liberate the land.
• "We have made clear we will not recognize the occupation, and today I say more than that: There is no Israel in our political dictionary."
Fatah and Hezbollah echo these identical sentiments. What part of "Palestine, from the river to the sea" do people not understand?
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HUFFPOST SUPER USER
Domingo Cardoza
USARMY Ret. _Unabowed America-Firster
04:22 PM on 08/16/2011
So, from your perspective those are the only Arab leaders that you listen to?
How about, yes aboutery, the Arab Peace Initiative? The Jordan-Israel Peace Treaty? The Egypt Israel Peace Treaty? Salam Fayyad?
"Thomas Friedman, a noted American columnist, has praised Fayyad for trying to build functioning institutions of a Palestinian state, and not focusing on Israel. Unlike Yasser Arafat, Fayyad "calls for the opposite — for a nonviolent struggle, for building non corrupt transparent institutions and effective police and paramilitary units, which even the Israeli Army says are doing a good job; and then, once they are all up and running, declare a Palestinian state in the West Bank by 2011." Friedman, Thomas L. (17 March 2010). "Let's Fight Over a Big Plan". The New York Times.

Matthew 13:9 "He who has ears, let him hear."
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Bar Kokhba
I'd have a micro-bio if I knew how to make one
06:06 PM on 08/16/2011
You cite initiatives, although potentially helpful, that hold no sway or influence over the situation. The people I cited are the actual leaders of the clans that comprise the "Palestinians". When the top leaders in Hamas, Palestinian Authority and Fatah echo the exact same rhetoric, a rhetoric of demonstrable vitriol and annihilation, well I think it should be factored into the pontifications of essayists/writers assertions as to their idea of a solution. A honest observer must not ignore the facts. Oh, and Thomas Friedman? Really? He has rendered himself insignificant long ago.
03:24 PM on 08/16/2011
A win-win would be nice, but unfortunately, it will not happen. The main reason that Abbas has walked from the negotiations and is pursuing the UN route is because he will not give up the right of return, wanting to flood Israel with 3MM Palestinians, and consequently will not recognize the right of Israel to exist as a Jewish state. See the comments from the apologists below and elsewhere on HP - "Should the UN be trying to define the religion of any people of any country?", for example.

As this is a non-starter from an Israeli perspective, the Palestinians have decided that there is no more point in negotiating. I don't see why they would suddenly agree to this now.
05:02 AM on 08/17/2011
lol lol . . . everything is a non-starter from the israeli point of view . .they want all of Palestine . . .
JacksonJones
Absit iniuria verbis!
03:30 PM on 08/17/2011
Not according to every opinion poll conducted. Most of them by far want a two state solution, which cannot, of course, include immigration of 3 MM people into Israel.
02:42 PM on 08/16/2011
If Palestine is recognized as a state by the U.N. and then Hamas sends more rockets into Israel can the state of Israel claim that these infractions are an act of war and then legally eliminate the Palestinian state in retaliation? Please reply with knowledgeable info and not political rhetoric, thanks.
This user has chosen to opt out of the Badges program
03:11 PM on 08/16/2011
No. "Eliminating" a state is several war crimes all at once. You're welcome to defend yourself by killing combatants. Leave the civilians alone.
03:37 PM on 08/16/2011
Ah. separating urban guerrilla terrorists from civilians. a task worthy of a Solomon.
03:51 PM on 08/16/2011
If one nation attacks the citizens of another nation and that nation retaliates and citizens of the aggressor are killed in response explain the difference. Was the United States right to go after Japan and its citizens in WW II? I don't know how you can respond to another's aggression when the aggressors own admission is the elimination of the opposing state. If the citizens are not in agreement with their rulers decisions then they should have the right to change their political leadership. If they do not wish to change their political policies by publicly voicing opposition and electing representatives that reflect their true wishes then they must suffer the consequences of another nation's reprisal.
02:18 PM on 08/16/2011
Should the UN be trying to define the religion of the people of any country? Maybe not. And "Jews" were regarded as "Arabs" in Palestine in the 19th century. So were Christians.
04:36 PM on 08/16/2011
Jews were never regarded as Arabs.
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Sharmine Narwani
10:56 PM on 08/16/2011
Moroccan Jews, Iraqi Jews, Yemeni Jews... Arab Jews, one and all. As were Palestinian Jews.
02:11 PM on 08/16/2011
This issue of recognition of Israel as a Jewish state was demnded by Netanyahu. The resolution of alleged ROR is much more important than such recognition. Once netanyahu is out of office, I think the demand will go away.
09:39 PM on 08/16/2011
"The resolution of alleged ROR is much more important than such recognitio­n"

Are you kidding??? The "right of return" is a joke. No one takes it seriously. I have seen no proposed peace plan that includes the right of return. Usually, some monetary compensation is substituted, symbolically. The right of return is the least of the troublesome issues. Water rights, and the status of Jerusalem, are far more important.
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HUFFPOST BLOGGER
Sharmine Narwani
11:01 PM on 08/16/2011
You are correct. RoR has not been taken seriously to date. But that is largely because the US has hijacked this "peace process." There is no peace today because the "US-sponsored" initiative has neglected to address every single one of the main issues critical for Palestinians: Jerusalem, the Right of Return, sovereignty.

Once this futile peace process is well and truly buried, the parties can start talking about serious initiatives to end this conflict.
05:03 AM on 08/17/2011
but bibi will most likely be gone at the next election . . .
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Marcus047
inter arma enim silent leges
09:50 AM on 08/17/2011
unlike Meshaal and Abbas, who don't even hold elections, much less abide by them.
01:55 PM on 08/16/2011
I have a different view. If the Resolution was modified to identify the borders of a Palestinian state as 67 plus land swaps, and the Palestinian capital as some or all of E. Jerusalem, I would favor both the US and Israel accepting the Resolution.
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HUFFPOST SUPER USER
Domingo Cardoza
USARMY Ret. _Unabowed America-Firster
03:47 PM on 08/16/2011
I can't disagree with you.
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warmonkey
05:37 PM on 08/16/2011
That's a great plan. Only one problem. Israel does not want to share Jerusalem. The Prime Minister of Israel has stated this many times.
"Land Swaps". OK. But a lot of the best lands , and water supplies in the West Bank are already taken over by the settlements. That means Israel can't keep them all,{they swiss cheese the whole West Bank}
Then you have the issue that Gaza and the West Bank need free access to each other- and they are no longer contiguois .
But the details
05:41 PM on 08/16/2011
If Israel doesn't agree to divide E. jerusalem, there won't be an agreement.

The land swaps don't create swiss cheese. they only emcompass settlement blocs adfjacent to the 67 lines.

Acquifer issues need to be resolved.

Israel's already agree to a corridor connection tween Gaza and WB.
HUFFPOST SUPER USER
Want2knowY
11:05 AM on 08/19/2011
Think de-salinisation.
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HUFFPOST SUPER USER
YankeeCanuck
dog
01:07 PM on 08/16/2011
If former ambassador to Israel Kurtzer thinks that there are too many resolutions critical of Israel, and that they have been proposed in the past and "voted on mindlessly" perhaps he should examine the claims. They show that the relationship between Israel and the occupied territories and Gaza have been asymmetrical in economic and military might, in human rights and in appropriation of resources.
If he sees this bid as it stands as an attempt to delegitimise Israel, perhaps he is missing the fact that Israel is a legitimate thriving state and that the only force capable of casting a shadow on its legitimacy is Israel.
02:00 PM on 08/16/2011
The question is: are the Palestinians looking for a settlement that will get them a state, or a win. If they are not prepared to compromise they will achieve nothing. Same for Israel.
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HUFFPOST SUPER USER
YankeeCanuck
dog
02:27 PM on 08/16/2011
Yes, double obduracy goes nowhere.
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meb1357
Remember Kafr Qasim
05:05 PM on 08/16/2011
They want what is rightfully theirs.
It is not a "win" when you have already lost 78% of your homeland.
01:03 PM on 08/16/2011
Fatah leader of half the Palestinians Abbas said that he will never recognize Israel as being a Jewish state

Hamas leader of the other Palestinian half declares that he will never recognize Israel let alone as a Jewish state.

So why indulge in IF"S and wild imagination just to suit your higher ups for you to just to look good?

So long as there are 57 Muslim nations in the U.N. why should Abbas ever even bother negotiating with Israel when he can automatically get everything he wants anyway.

When will you guys call a spade a spade and stop sugaring up the wolf enticing Little Red Riding-Hood?
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meb1357
Remember Kafr Qasim
12:56 PM on 08/16/2011
"For Israelis and many others, a Palestinian campaign against various Israeli policies in these international legal forums is simply a ruse to delegitimize the Israeli state."

That is like saying reporting a theft to the police delegitimizes the burglar. Israel's action delegitimize it, not the Palestinians taking these issues to international forums specifically set up to deal with such issues.
Mr. Kurtzner would like to corner the Palestinians into only direct negotiations with Israel. This is not possible because a weak entity, (Palestine), can not negotiate fairly with a bully (Israel), especially when the mediator, (US), is solidly in the bully's corner. It is this grossly unbalanced relationship, where the bully has no incentive to give up anything, that has resulted in Israel moving hundreds of thousands of people illegally to the Occupied Territories, while the Palestinians have gained nothing. It is certainly time to internationalize the dispute.
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HUFFPOST SUPER USER
Relpo Miraculous
Psychobiological Anthropology
12:39 PM on 08/16/2011
Palestine already exists. It's called Jordan.

End of discussion, and negotiations. Period.
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meb1357
Remember Kafr Qasim
12:57 PM on 08/16/2011
Everyone else gave up that arguement 30 years ago.
Tony Andrews
Ὁ βίος βραχύς, ἡ δὲ τέχν
01:09 PM on 08/16/2011
Relpo Miraculous.

Please take particular note of the final sentence in this quote:-

"The Jordan-Israel Peace Treaty was signed on October 26, 1994, at the southern border crossing of Wadi ‘Araba. The treaty guaranteed Jordan the restoration of its occupied land (approximately 380 square kilometers), as well as an equitable share of water from the Yarmouk and Jordan rivers. Moreover, the treaty defined Jordan’s western borders clearly and conclusively for the first time, putting an end to the dangerous and false Zionist claim that “Jordan is Palestine.”"
http://www.kinghussein.gov.jo/peacetreaty.html
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Vlady
Better Late
01:57 PM on 08/16/2011
>>...dangerous and false Zionist claim that “Jordan is Palestine.­”

Actually that's a claim made by Palestinians who make up 72% of Jordan population
Tony Andrews
Ὁ βίος βραχύς, ἡ δὲ τέχν
04:16 PM on 08/16/2011
Vlady,

All the greater reason, if that is the case, to allow that they know that of which they speak.

The sentence stands.

Live with it.
12:29 PM on 08/16/2011
why does it all have to be israel's way . . israel has been violating UN resolutions practically since day one, stealing Palestinian land, homes, destroying their neighbour hoods . . did the resolution creating israel give them this license . . . sorry . . . it is time for justice for the Palestinians . . . . and the us and israel can whistle dixie for all I care
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Want2knowY
12:40 PM on 08/16/2011
How will they get what you want them to have wtihout Israel and the US?
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HUFFPOST SUPER USER
YankeeCanuck
dog
01:10 PM on 08/16/2011
THe hard way. Nonviolent protest,international support from individuals and non-governmental groups, global BDS movement, flotillas,fly-ins and help from Israelis of conscience who stand with them in the West Bank.
01:09 PM on 08/16/2011
Israel can whistle thermo nuclear war, and not to be a harsh realist, but that is the only thing that really matters as far as your "justice" is concerned.
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HUFFPOST SUPER USER
YankeeCanuck
dog
02:31 PM on 08/16/2011
Well then. Let's all drop the big one whenever there is a diplomatic impasse and see how that works out.
12:27 PM on 08/16/2011
What a cr.ock of nonsense. For Israelis who want Israel to be Jewish State, they should first call themselves so, such as change the name of Israel to "Jewish State of Israel". Then apply Jewish law. The Palestinian membership in the UN general assembly is not dependent on US's veto. US has no veto power in the general assembly. Beside, Palestinians should have declared statehood in 1992 before starting to negotiate with the Israelis, who made the whole thing exercise in mockery.
HUFFPOST SUPER USER
cdncommentator
12:37 PM on 08/16/2011
Israel is de facto a Jewish state (Jewish, as in culturally, ethnically-dominant Jewish). Sabbath is the day off; Schools begin after the major fall holidays; there are Chanukah sales; Purim is a national holiday with costume parades; roads are closed for Yom Kippur and Israelis of all stripes (except the religious of course) ride their bicycles down highways; etc. etc. Those things make it a culturally Jewish state as much as America is culturally a Christian state and Palestine will culturally be an Arab/Muslim state.

You're being hypocritical. Egypt's law (like many Arab countries) says that the Sharia will be a primary source for civil legislation. The state honours Muslim holidays and festivities. You do not demand that Egypt call itself the Muslim state of Egypt! The same is true of every Arab state except Lebanon which balances a number of religio-cultural groups (not very well). And this is true despite Christian minorities in these states, and in Egypt's case, a significant minority. Having one culture dominate in a nation does not imply that minorities must be discriminated against. You can guarantee their rights and still have a national culture.
12:48 PM on 08/16/2011
The question is, did Egypt ask the world to declare them Muslim? How about US asking the world to declare it Christian? The point is, the game of chicken is just becoming ridiculous. Israel can be whatever they want. The Palestinian people deserve a country of their own. If that is not possible they should become citizens of a singularly unified country in historic Palestine. It is unbelievable to what length the Israeli amen corner in the US go to pull wool on American's eyes.
12:40 PM on 08/16/2011
ditto Shomali . . .