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Omar Baddar

Omar Baddar

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An Initial Reaction to the Palestine Papers

Posted: 01/24/11 08:43 AM ET

It will be a few days before anyone can offer a thorough reaction or analysis of the over 1,600 confidential documents, known as the Palestine Papers, leaked to Al Jazeera about Israeli-Palestinian negotiations spanning a decade. But an initial reaction is warranted to the central revelation made in these documents, namely the unprecedented territorial compromises made by Palestinian negotiators on East Jerusalem and turned down by Israel.

To set the proper context for discussing Jerusalem, it's important to understand the legal framework under which the city falls: West Jerusalem is Israeli, part of the state created in 1948; and East Jerusalem is Palestinian, illegally occupied and annexed by Israel in contravention to international law and UN resolutions. Without a single country recognizing this annexation, Israel's takeover of East Jerusalem is regarded as illegitimate by the international community. If international law were to be strictly implemented, Israel would be required to completely withdraw from all of East Jerusalem.

The peace process is based on international law, but it is actually more flexible, allowing some wiggle room to take into account the demographic reality, facts on the ground, and some political and religious sensitivities. This flexibility makes perfect sense if both parties were negotiation in good faith. The problem here is that Israel has not been doing that. Throughout the peace process, Israel treated the negotiations as a charade while it continued to unilaterally impose its reality on the ground, rapidly expanding illegal settlements around East Jerusalem, destroying Palestinian neighborhoods, and driving Palestinians from their homes. Israel is fundamentally changing the very character of the city in order to minimize the amount of land it ends up having to give the Palestinians. But the longer this process continues, the less likely will the Palestinians be willing to accept (and rightly so) whatever unviable patches of territory left for them as a state. As Israel's former foreign minister Shlomo Ben-Ami himself acknowledged, large settlements like Ma'ale Adumim (East of Jerusalem) make Palestinian territorial contiguity "very difficult to imagine."

The American stated position (though not policy) has been quite good, sharply critical of Israel's policies in the Occupied Territories. In the words of Hillary Clinton:

The position of the United States on settlements has not changed and will not change. Like every American administration for decades, we do not accept the legitimacy of continued settlement activity. We believe their continued expansion is corrosive not only to peace efforts and two-state solution, but to Israel's future itself.

What's new in the latest leak is that, apparently, Palestinian negotiators have privately conceded large parts of East Jerusalem to Israel, including areas where Israeli settlement expansion continues to the public protest of the Palestinian leadership. Much of the immediate reactions to this revelation have focused on the implications for the Palestinian Authority in light of these major and unpopular concessions for nothing in return. But the other half of that story, namely Israel's rejection of those concessions as insufficient, is more worthy of attention for us here in the US.

In a live interview on Al Jazeera a few hours ago, former Israeli foreign minister Ben-Ami reacted to the detailed nature of these far-reaching concessions by saying "the Israeli side is clearly taken aback by the seriousness of the Palestinian position," and expressed disappointment with the negative Israeli reaction to it. The first thing this revelation does is lay rest to the silly Israeli mantra of "there is no Palestinian partner for peace." Indeed, it's looking quite the opposite at this point. If they cannot even react positively to these far-reaching concessions, then what has long been clear to experienced analysts ought to now be clear to all observers: the current right-wing coalition government in Israel is incapable of voluntarily achieving a viable two-state solution. For any future negotiations to bare the potential of being fruitful, a major shift in the domestic, regional, or international equilibrium is required. Even a subtle shift in US policy could deliver the needed shakeup to the current deadlock, though Hillary Clinton's recent displeasure with a possible UN resolution seeking what American diplomatic pressure and military incentives have failed to achieve (a halt in settlement expansion) is no promising sign.

In the meantime, Palestinians are not doubling down on the US-led peace process to deliver an end to the occupation. Instead, they are seeking supportive resolutions from the United Nations, recognition from the international community, and are carrying out direct non-violent resistance to the occupation in collaboration with Israeli peace activists, and boycotting the occupation and settlement products. Whether the US will to continue to be relevant to the struggle to resolve the Israeli-Palestinian conflict depends on whether it is willing to shift its policy towards a more balanced and practical approach. That begins with the US vote in the anticipated UN resolution on settlements possibly in the coming weeks.

 

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02:59 PM on 01/26/2011
Personally, I would like to see the other side of the equation. Extremely anti-Israel Al-Jazeera has published the parts of the documents which were designed to embarrass the Palestinian leadership, and to kill the peace talks while making the Israeli negotiators seem intransigent; all stated aims of Al-Jazeera. I would like to see what compromises the Israelis put on the table, I went over to the Al-Jazeera site and found those parts censored. Someone should ask them why.

I am heartened that the Palestinian leadership is finally coming to private acceptance of reality; millions of distant descendants of those who fled the Arab attacks on Israel, are not ever going to be allowed to move to Israel (where most of them have never lived) after the peace treaty, Jerusalem, which under Arab rule was trashed, is going to remain mostly under Jewish rule, with Muslim and Christian holy sites protected as Jewish sites never were under Muslim rule. This gives me some hope, even if reality angers the Omars of the world.
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Debussey Clidela
11:16 AM on 01/25/2011
Game over Omar.
No way back.

An entire edifice of anti-Israeli demonisation definitively consigned to the scrap heap, never to be recycled again. This is the uncompromising message that comes out of yesterday’s revelations on Israeli-Palestinian peace negotiations. To the horror of a European political intelligentsia which has been steadfast to the point of fanatical in its opposition to Israeli “settlements” in east Jerusalem, the Palestinian leadership itself, we now know, has long accepted that the vast majority of Israeli settlements can be considered legitimate and would become part of Israel under any reasonable peace agreement.

This is utterly devastating since it simultaneously shows that everyone from the British Foreign Office and the BBC to the European Commission and the continent’s passionately anti-Israeli NGO community have been adopting a position which was significantly more uncompromising on “settlements” than the Palestinian leadership itself, and also that that same Palestinian leadership had accepted that the so called 1967 “borders” — the gold standard for practically every anti-Israeli polemic around — are irrelevant to the prospects of a lasting peace.
01:00 PM on 01/25/2011
this should be "definitive­ly consigned to the scrap heap'.
11:11 AM on 01/25/2011
E Jerusalem polls show that no one in the Christian sector wants to live under Palestinian rule and few in the Muslim sector of E. Jerusalem want to live under Palestinian rule. So who are these negotiations to decide where these people live?
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Debussey Clidela
11:07 AM on 01/25/2011
Here's a nice glimpse into how Arab leaders think.

Egyptian newspaper al-Mesryoon is being quoted as saying that Abbas asked Egypt to intervene with Qatar in order to stop what he considered an attempt to tarnish the image of the Palestinian Authority before Arab public opinion, despite the fact that he has briefed all Arab countries on all developments in negotiations with the Israelis at all stages.

Sources reported that Egypt expressed support for the position of the Palestinian Authority in seeking ways to contain the crisis.

An Egyptian official, Rakha Ahmed Hassan, told the newspaper that Arab parties, including Egypt, might intervene in order to prevent the escalation of tension between Qatar and the PA.

The implication, of course, is that there isn't even a pretext of freedom of the press in the Arab world. It is simply common knowledge that a government can dictate what any newspaper may or may not publish.

But it's a cultural thing. To criticize it betrays Western imperialistic thinking about non-Arab concepts such as "freedom."
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TheLonelyGod
The oncoming storm
04:48 PM on 01/24/2011
Mr. Baddar, please quote me where in international law it says that "East Jerusalem is Palestinian."
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Omar Baddar
05:20 PM on 01/24/2011
UN Security Council resolution 446:

"Calls once more upon Israel, as the occupying Power, to abide scrupulously by the 1949 Fourth Geneva Convention, to rescind its previous measures and to desist from taking any action which would result in changing the legal status and geographical nature and materially affecting the demographic composition of the Arab territories occupied since 1967, including Jerusalem, and, in particular, not to transfer parts of its own civilian population into the occupied Arab territories"
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TheLonelyGod
The oncoming storm
06:48 PM on 01/24/2011
So what that resolution actually says is that Israel should not allow settlers to move into Jerusalem, nor anywhere else. It does not say anything about ownership of those territories.

The word "Palestinian" is also notably absent.
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doughnut70
01:56 AM on 01/25/2011
You also manage to not mention that there were pledges prior to that time that could be considered binding under International law which pledged all of Palestine for a Jewish homeland. This whole International law schtick is a hoax which depends on who has the votes in the UN at the moment. But the real bottom line is that Israel has to keep the territory it won in a war for defensive purposes and although you quote Secretary of State Clinton correctly, President Obama has stated that he expected to see an undivided Jerusalem as the eventual capitol of Israel.
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Debussey Clidela
03:32 PM on 01/24/2011
The Palestinians must pay reparations to Israel for their failed war if they want east Jerusalem back. Israel is under no obligation morally or legally to just give it back for free. Those reparations should be in the billions by now. Do you think you can just get do-overs for free? No way Jose.
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MarcEdward
likes all cats more than most people
04:07 PM on 01/24/2011
You are not a serious person in any way whatsoever.
08:39 PM on 01/24/2011
But he believes he writes "commentaries" ... so funny.
01:10 PM on 01/25/2011
How much are we betting that this poster is not over fourteen years old?
01:54 PM on 01/24/2011
Considering that the Palestinians never occupied E. jerusalem, and it was not included in the Palestinian state created by UN referendum, I stopped reading in the middle of the second paragraph when he announced his legal framework as E. Jerusalem belonging to the Palestinians. There's lots of good reasons for the Palestinians to have their capital in the part of E. Jerusalem containing Palestinian neighborhoods. But lwa is not one of them.
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02:29 PM on 01/24/2011
"United Nations Resolution 181, resolution passed by the United Nations (UN) General Assembly in 1947 that called for the partition of Palestine into Arab and Jewish states, with the city of Jerusalem as a corpus separatum (Latin: “separate entity”) to be governed by a special international regime. The resolution—which was considered by the Jewish community in Palestine to be a legal basis for the establishment of Israel, and which was rejected by the Arab community—was succeeded almost immediately by violence."


http://www.britannica.com/EBchecked/topic/1695871/United-Nations-Resolution-181
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Debussey Clidela
03:35 PM on 01/24/2011
The Palestinians owe Israel war reparations regardless if they get anything back at all.
That will be the first order of business when Palestine declares itself a state.
Israel should sue the living God out of the PLO.
With my blessings.
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cdncommentator
12:19 AM on 01/25/2011
1947 is over and now irrelevant.

Let's deal with the present shall we?

No one believes anything is going back to 1947.
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11:51 AM on 01/24/2011
" That begins with the US vote in the anticipated UN resolution on settlements possibly in the coming weeks."

Hopefully, our government does the right thing and, there is the re-creation of Palestine.
01:28 PM on 01/24/2011
You cannot "re-create" something that has never existed.

However, what will be most interesting to watch over the coming days and weeks will be the reaction of the Israeli and Arab "man-in-the-street".

I believe that the Israelis were not aware of the concessions the Arabs were offering (privately, at least). Depending on the Arab response, we may well see a popular push for increased concessions on the part of the Israeli government by the Israeli electorate. If, however, the Arab street rises in violent protest, confirming the current Israeli belief that its destruction remains the desired, eventual goal, the more extreme elements may well succeed in blocking further progress.

Based on what we know, (this is a crucial disclaimer, since we don't know what we don't know,) a initiating conciliatory gesture on the part of the Israelis is very much needed at this point.
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02:38 PM on 01/24/2011
"As of last week, 110 countries in the United Nations have extended diplomatic recognition to the State of Palestine. All recognize Palestine as including the West Bank, East Jerusalem, and the Gaza Strip, essentially the borders as they existed prior to the June 1967 Six Day War. Nearly every country in Latin America, Asia, and Africa has recognized Palestinian statehood and there are indications that many European nations will soon follow suit. Which leaves the United States, yet again, on the wrong side of history. In fact, Washington has gone in completely the opposite direction, insisting that there cannot be any Palestinian state until negotiations are completed between the two parties involved, meaning that Israel shall have a veto on any such development and will postpone it until some time in the next century."

http://original.antiwar.com/giraldi/2011/01/19/serving-up-palestine-one-slice-at-a-time/
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Richard Pearce
Atheistic-agnostic Canadian polymath
02:47 PM on 01/24/2011
So, what you are saying is that if the Palestinians don't quietly accept that the people who are supposed to be representing them are offering to give up all their rights and all their just claims, the Israeli public will tell their government that it can continue to abuse Palestinians, but that if they do basically spread their legs and keep quiet, the Israeli public will tell their government that it can take Fatah up on its offer to let the Israeli government continue to abuse Palestinians.
 
Seems the Palestinians are faced with the same choices the Blacks of South Africa did, live quietly as second class people living in Bantustans, or live unquietly as second class people fighting for justice.
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