[Prefatory Note: A shorter version of this essay was published on the Middle East Eye website on 31 Dec 2021, as one of six pieces in a section called “Middle East Debate” with thetitle “More Traditional Diplomacy, but no stability.” This is a title conferred that I would not have chosen, and so here where I have autonomy, I use a title that I think is more descriptive.]
What’s Ahead for Palestine in 2022
Even before COVID people everywhere were living at a time of great complexity, uncertainty, and confusion. The future is always opaque when it comes to predictions other than near-term projections of current trends, which often turn out to miss occurrences that shatter mainstream expectations. For the Middle East, even modest predictions are often upset by a sudden swerve of events, and in relation to the Israel/Palestine struggle even more so. Putting aside this disclaimer, there are some expectations about 2022 that are worth expressing and sharing.
To begin with, we will witness a growing awareness that traditional diplomacy will not bring stability, much less peace with justice to this struggle that has gone on for more than a century. 2022 is likely going to experience an overdue funeral that finally pronounces the death of Oslo Diplomacy along with its reliance on direct negotiations between the two sides and supposed to end with the establishment of a sovereign Palestine. Throughout the process the U.S. was cast in the role of neutral intermediary, sometimes half ironically identified as ‘honest broker.’ This might have seemed plausible enough in Netflix TV series, but in the real world Oslo from the outset set a trap for the Palestinians, served as an expansionist opportunity for the Israelis, and continued to allow Washington to persist in its theater role of projecting a false sense of good will to all, a peacemaker rather than a geopolitical manager.
It has by now dawned on everyone with even half open eyes that the political leaders of Israel don’t want a political compromise of the sort embedded in the Oslo process even, as was assume, its contours would lean heavily in Israel’s favor. Israeli has long shrugged off international pressures to comply with international law or to pretend support for a peace process guided from Washington. It is evident that Israel has for some years felt confident enough to stop pretending that it supports a diplomatically arranged solution. No foreseeable surge of Palestinian armed resistance is perceived as posing much of a threat, especially as neighboring Arab regimes have become distracted or detached from the conflict, with some governments displaying a willingness to accept normal diplomatic relations and join openly with Israel in confronting Iran.
This image of dead-end diplomacy when it comes to Palestine is reinforced by the U.S. posture post-Trump. On the one side, the Biden presidency has signaled that it will not challenge Trump’s signature moves, including relocating the U.S. Embassy in Jerusalem, confirming Israeli sovereignty over the Golan Heights, endorsing the ‘Normalization Accords’ and even actively promoting their expansion, capped by reassurances to Israel that it will collaborate regionally, especially when it comes to Iran. At the same time, Biden seeks to appear moderate in tone, which explains Washington’s renewal of public avowal of support for a two-state solution and the issuance of mild rebukes when Israel uses excessive violence against Palestinian civilians or moves to expand Jewish settlements in the West Bank. I would suppose that even Biden realizes that the two-state solution has long been a Zombie fix that allows Israel to let the unresolved conflict with the Palestinians continue indefinitely while verbally holding onto a commitment that includes acknowledging a Palestinian right of self-determination. In this sense, the best guess is that when it comes to substance Biden will go along with Trump’s, while adopting a public stance that is less shrilly partisan than was his predecessor in the White House. As matters now stand the Biden presidency is weak, unable to push forward its domestic agenda, which has disappointed the American public, tanking Biden’s approval ratings. Under these circumstances, the last thing Biden wants in 2022 is even the mildest break with Israel of the sort that occurred toward the end of the Obama presidency. The fear of Israeli wrath knows no bounds when it comes to mainstream American politicians.
At the international level, it seems likely that no meaningful additional pressure will be placed on Israel to seek a sustainable peace or even to uphold its obligations under international humanitarian law in the Occupied Palestinian Territories. The UN Human Rights Council will continue to issue reports critical of Israel’s behavior and Israel will continue to disregard the basic human rights of Palestinians living under occupation, and suffer no adverse consequences for doing so, and yet hysterically complain about Israel-bashing at the UN. The General Assembly will pass more resolutions in 2022 condemning Israel’s policies, and calling for censure and possibly an arms embargo, but nothing will happen except that UN will stand further accused, with implications that Jews are once again the victims of anti-Semitism. The only internationalist hope is that the International Criminal Court (ICC) will proceed next year with its investigations of Israeli flagrant violations of international criminal law since 2014, but this is a slender reed. The ICC has a new UK prosecutor who is thought to be receptive to US/Israeli opposition with going forward, and may prove susceptible to strong back channel geopolitical efforts to induce the ICC to drop the case. He has certainly taken his time to announce plans to carry forward the investigatory process. In my view there is less than a 50/50 chance that even should investigation be resumed, it will be allowed to reach the indictment stage despite overwhelming evidence of Israeli criminality. However, if the ICC jumps ship altogether, it will likely provoke widespread outrage, encouraging Palestinian resistance and global solidarity.
In my view, the most notable developments in 2022 will flow from the impacts of disillusionment with any hope that constructive action can follow from the peace diplomacy of the past or new UN pressures. Palestinian resistance will continue to send signals to the world that the struggle goes on no matter how hard Israel works to convince the public opinion that it has prevailed in the struggle, and that the best that the Palestinians can hope for are economic benefits to be bestowed following a Palestinian political surrender in the form of an acceptance of Israel as a Jewish state along with a pledge not to oppose Zionist Ambitions to conquer what remains of the ‘promised land.’ In other words, the year ahead will likely announce to the world that Israel is opting for a one-state unilateral solution based on Jewish supremacy along with a Palestinian refusal to swallow such toxic Kool Aid.
Given this line of thinking, the most encouraging development for the Palestinians in the year ahead is in the symbolic domain of politics, what I have previously called the Legitimacy War dimensions of political conflict. It is here the Palestinians are winning even in America, especially among younger Jews, along with some signs that the bipartisan consensus in the U.S. Congress is splintering, at least at the edges.
We all need to keep reminding ourselves of four salient features of the present context: (1) the Palestinians are fighting an anti-colonial war against an apartheid government in Israel; (2) the major anti-colonial wars have been won, not by the stronger side militarily, but by the winner of the Legitimacy War as the U.S. discovered in Vietnam, and more recently in Iraq and Afghanistan; (3) as Israel is a settler colonial state with racist overtones, such struggles should be understood as the most vicious and pronounced and more difficult to bring to an end that ordinary anti-colonial wars; (4) the Palestinians will be increasing seen by the informed global public and media as winning the Legitimacy War; this impression will be supported by continued fact-finding at the UN and possibly by further engagement on the part of the ICC.
2022 will in all likelihood not bear witness to any transformative event bearing on Palestinian prospects for achieving their basic rights, but the anticipated shift from investing false hopes in inter-governmental diplomacy to civil society activism will become better understood, giving rise to patterns of stronger non-violent solidarity efforts. The analogies to apartheid South Africa is becoming more widely appreciated. This makes South Africa’s alignment with the Palestinian struggle by its support of BDS, advocacy of an arms embargo, and other initiatives has great symbolic significance during the year ahead in relation to the all-important Legitimacy War. Israel’s attempt of a few months ago to destroy the vitality and funding base of Palestinian civil society by branding six leading human rights NGOs as ‘terrorist’ entities should be seen as not only a severe violation of its obligations as Occupying Power under the Geneva Conventions, but more significantly as a desperate sign of weakness in the ongoing Legitimacy War.
Global Justice in the 21st Century 
2017: Palestine’s Three Dark Commemorations
16 JanIncreasingly, Palestinians seem doomed to become subjects, or at best second-class citizens, in their homeland. Israeli expansionism, United States unconditional support, and UN impotence. These factors are combining to create dismal prospects for Palestinian self-determination and for a negotiated peace that is sensitive to the rights and grievances of both Palestinians and Jews.
Recalling three notable commemorations to be observed in 2017 may help us understand better how this distressing Palestinian narrative unfolded over the course of the past hundred years. Perhaps, such remembrances might even encourage the rectification of past failures, and encourage flagging national and international efforts to find a way forward even at this belated hour. The most promising initiatives are now associated with a growing global solidarity movement dedicated to achieving a just peace for both peoples. For now, neither the United Nations nor traditional diplomacy seem to have much leverage over the play of social and political forces that lies at the core of the Palestinian struggle. Only the nonviolent resistance of Palestinians to their prolonged ordeal of occupation and transnational civil society militancy seem to have any capacity to exert positive leverage over the status quo and to sustain hope.
At the same time, legitimacy and visibility remain important, and here the UN and international society have important roles to play, especially to reaffirm the legitimacy of Palestinian goals and grievances, the importance of political compromise, and the persisting refusal of Israel to show respect for international law, the authority of the United Nations, and the world public opinion.
1917
On November 2, 1917 the British Foreign Secretary, Arthur Balfour, was persuaded to send a letter to Baron Lionel Rothschild, an influential supporter of the world Zionist project, expressing the support of the British government, for the aspirations of the movement. The key language of the letter is as follows:
His Majesty ‘s Government view with favour the establishment in Palestine of a national home for the Jewish people, and will use its best endeavors to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.
An obvious initial observation is why was Britain moved to take such initiative in the midst of World War One. The most plausible explanation is that the war was not going so well, nurturing the belief and hope by British leaders that siding with the Zionist movement would encourage Jews throughout Europe to back the Allied cause, especially in Russia and Germany. A second motivation was to further British interests in Palestine, which Lloyd George, then Prime Minister, regarded as strategically vital to protect the overland trade route to India as well as safeguard access to the Suez Canal. An apparent third motivation was as an expression of gratitude to Chaim Weizmann, a Zionist leader, for his contributions as a chemist to the British war effort. And finally, there were many Europeans, including Balfour himself, who agreed with Zionism that the only lasting assurance of an elimination of anti-Semitism was for Jews to migrate to Palestine.
The Balfour Declaration was controversial from the day of issuance, even among some Jews. For one thing, such a commitment by the British Foreign Office was a purely colonialist undertaking without the slightest effort to consider the sentiments of the predominantly Arab population living in Palestine at the time (Jews were less than 10% of the population in 1917) or to take account of rising international support for the right of self-determination to be enjoyed by all peoples. Prominent Jews, led by Edward Montagu, Secretary of State for India at the time, opposed the Declaration, fearing that it would fan the flames of anti-Semitism, especially in the cities of Europe and North America. Beyond this, the Arabs felt betrayed as Balfour’s initiative was seen both as breaking wartime promises to the Arabs of postwar political independence in exchange for joining the fight against the Turks. It also signaled future troubles arising between the Zionist promotion of Jewish immigration to Palestine and the agitation of the indigenous Arab population, as well as producing in the midst of the Arab world a country with great military capabilities in relation to the surrounding region.
It should be acknowledged that even Zionist leaders were not altogether happy with the Balfour Declaration. There were deliberate ambiguities embedded in its language. For instance, Zionists would have preferred the word ‘the’ rather than ‘a’ to precede ‘national home.’ Also, the pledge to protect the status quo of non-Jews was seen as inviting trouble in the future, although as it turned out, this assumption of colonialist responsibility was never taken seriously. Most importantly, the Zionists received support only for the ambiguous reality of a national home rather than a clear promise of a sovereign state with full participatory rights in international society. On this latter point, informal backroom British diplomatic chatter agreed that a Jewish state might emerge in the future, but it was believed that this could happen only after Jews became a majority in Palestine, which happened only by way of the permanent dispossession of hundreds of thousands of Arab Palestinians in the course of the violent establishment of the state of Israel in 1948, which was also shadowed by the recent confirmation of the magnitude of the Holocaust.
It is worth this backward glance at the Balfour Declaration to realize how colonial ambition morphed into liberal guilt and humanitarian empathy for the plight of European Jews after World War II, while creating an endless nightmare of disappointment, oppression, and rightlessness for the Palestinian population.
1947
After World War Two, with strife in Palestine rising to intense levels, and the British Empire in free fall, Britain relinquished its mandatory role and gave the fledgling UN the job of deciding what to do. The UN created a high level group of diplomats to shape a proposal, resulting in a set of recommendations that featured the partition of Palestine into two communities, one for Jews, the other for Arabs. Jerusalem was internationalized with neither community exercising governing authority nor entitled to claim the city as part of its national identity. The UN report was adopted as an official proposal by a large majority of UN members in the form of General Assembly Resolution 181.
The Zionist movement purported to accept 181, while the Arab governments and the representatives of the Palestinian people rejected it, claiming it encroached upon rights of self-determination and was grossly unfair. At the time, Jews formed less than 35% of the population yet were given more than 55% of the land. It seems also that the Zionist acceptance of 181 was tactical rather than a principled commitment to confine border to the territory granted to Jews. This interpretation is reinforced by Israel’s refusal to withdraw from the land allocated to Palestine by 181 after fighting ceased in 1948, and instead Israel became a state based on ‘the green line’ borders that greatly enlarged the territorial expanse set aside for Jews in the UN plan.
As is widely appreciated, a war ensued, with armies of neighboring Arab countries entering Palestine being defeated by well-trained and armed Zionist militias. Israel won the war, obtaining control over 78% of Palestine at the time an armistice was reached, dispossessing over 700,000 Palestinians, and destroying several hundred Palestinian villages. This experience is the darkest hour experienced by the Palestinians, a continuing occasion of mourning, being known among Arabs as the nakba, or catastrophe.
1967
The third anniversary of 2017 is that associated with the 1967 War, which led to another military defeat of Arab neighbors, and the Israeli occupation of the whole of Palestine, including the entire city of Jerusalem and the Gaza Strip. The Israeli victory changed the strategic equation dramatically. Israel that had been previously viewed as a strategic burden for the United States was now appreciated and acknowledged as a strategic partner with impressive military capabilities, and thus deserving of unconditional geopolitical support.
In famous Resolution 242 UN Security Council unanimously decided on November 22, 1967 that the withdrawal of Israeli forces should be negotiated, with certain agreed border modifications understood to be minor, in the context of reaching a peace agreement that included a fair resolution of issues pertaining to Palestinian refugees living throughout the region. There was no expectation that Israel would avoid withdrawal, and immediately obstruct diplomacy by embarking on the unlawful settlement undertaking.
During the next fifty years we have come to realize that 242 has not been implemented. On the contrary, Israel has further encroached on Occupied Palestine through the continually expanding settlements and related infrastructure of roads and security enclaves, including the separation wall found unlawful by a near unanimous majority of the International Court of Justice in 2004.
A point has now been reached where few believe that an independent Palestinian state co-existing with Israel is any longer feasible or even desirable, making further reliance on ‘a two-state’ solution delusional, playing into Israeli hands by giving additional time to carry forward a hybrid approach that mixes in the West Bank and East Jerusalem a de facto pattern of gradual annexation with an apartheid structure of occupation. Despair follows because no plausible alternative to the two-state solution enjoys political traction, except possibly an Israeli one-state solution imposed upon the Palestinians at the cost of effectively relinquishing Israel’s lingering pretensions of democracy. Whether the alternative political form of an ethnocracy enjoys political legitimacy is questionable from either a human rights or global public opinion perspective.
Conclusion
These dark remembrances reveal three stages in the steadily worsening Palestinian reality. They also reveal the inability of the UN or international diplomacy to solve the problem of how Palestinians and Jews should share the land. It is too late to reverse altogether these strong currents of history, but the challenge remains acute to find a humane outcome that somehow finds a way to allow these two peoples to live peacefully and securely together or in separated equal political communities that do not trample upon Palestinian rights. Let’s fervently hope that a satisfactory solution is miraculously found or achieved before another dark remembrance commands our attention.
Tags: 1967 War, Balfour Declaration, equal and sustainable peace, legitimacy, nab, one-state solution, Settlements, Two State Solution, UNGA Res. 181