[Prefatory Note: This post is a modified version of an article published in Middle East Eye on Jan. 1, 2018. It contends that the proper priority for genuine advocates of peace between Israelis and Palestinians should be centered around apartheid rather than be devoted to reviving an Oslo style ‘peace process’ (always a sham) or proclaiming the goal of an independent and sovereign Palestine as attainable without first dismantling the apartheid structures that subjugate the Palestinian people as a whole so as to maintain the Zionist insistence on Israel as the state of the Jewish people (rather than providing a homeland within a normal and legitiamt state based on ethnic and religious equality, human rights, and secular principles.]
Let the Two-State Solution Die a Natural Death
Despite all appearances to the contrary, those in the West who do not want to join the premature and ill-considered Israeli victory party, are clinging firmly to the Two-State Solution amid calls to renew direct diplomatic negotiations between the parties so as to reach, in the extravagant language of Donald Trump, ‘the ultimate deal.’
Israel has increasingly indicated by deeds and words, including those of Netanyahu, an unconditional opposition to the establishment of a genuinely independent and sovereign Palestine. The settlement expansion project is accelerating with pledges made by a range of Israel political figures that no settler would ever be ejected from a settlement even if the unlawful dwelling units inhabited by Jews were not located in a settlement bloc that have been conceded as annexable by Israel in the event that agreement is reached on other issues. What is more Netanyahu, although sometimes talking to the West as if he favors a resumption of peace negotiations seems far more authentic when he demands the recognition of Israel as the state of the Jewish people as a precondition for any resumption of talks with the Palestinians or joins in welcoming American pro-Israeli zealots who insist that the conflict is over, and that Israel deserves to be anointed as victor. To top it all off, the Trump decision of December 6, 2017 to recognize Jerusalem as the capital of Israel and to follow this up by soon relocating the U.S. Embassy, effectively withdraws from future negotiations one of the most sensitive issues—the status and sharing of Jerusalem—despite the language accompanying Trump’s statement on recognition that purports to leave to the future, permanent Jerusalem borders and disposition of the city on a permanent basis that is misleadingly declared to remain open for an agreement between the parties to be achieved at a later date of their choosing.
All in all, it seems time to recognize three related conclusions:
–first, the leadership of Israel has rejected the Two-State Solution as the path to conflict resolution;
–secondly, Israel has created conditions, almost impossible to reverse, that make totally unrealistic to expect the establishment of an independent Palestinian state;
–thirdly, Trump even more than prior presidents has weighted American diplomacy heavily and visibly in favor of whatever Israel’s leaders seek as the endgame for this struggle of decades between these two peoples.
Despite these obstacles, which seem conclusive, many people of good will who are dedicated to peace and political compromises, cling to the Two State Solution as the most realistic approach to peace. The words of Amos Oz, celebrated Israeli novelist, expressed recently this widely shared sentiment among liberal supporters of a Zionist Israel: “..despite the setbacks, we must continue to work for a two-state solution. It remains the only pragmatic, practical solution to our conflict that has brought so much bloodshed and heartbreak to this land.” It is also significant that Oz made this statement in the course of a yearend funding appeal on behalf of J-Street in 2017, the strongest voice of moderate Zionism in the United States.
What Oz says, and is widely believed, is that there is no solution available to Palestine unless there is a sovereign independent Jewish state along 1967 borders as the essential core of any credible diplomatic package. All alternatives would, in other words, not be ‘pragmatic, practical’ according to Oz and many others. Why this is so is rarely articulated, but appears to rest on the proposition that the Zionist movement, from its inception, sought a homeland for the Jewish people that could only be secured and properly proclaimed if under the protection of a Jewish state that was permanently, as a matter of constitutional framework, under Jewish control.
For many years the internationally recognized Palestinian leadership has shared this view, and has given its formal blessings in its 1988 PNC/PLO declaration that looked toward the acceptance of Israel as a legitimate state, if the occupation were ended, Israeli forces withdrawn, and Palestinian sovereignty established within the 1967 borders. It is notable that this Palestinian conditional recognition of Israeli statehood accepted a territorial delimitation that was significantly larger than what the UN had proposed by way of partition in GA Resolution 181(that is, Israel would have 78% rather than 55% of the overall territory comprised by the British Mandate, leaving the Palestinian with the remaining 22% for their state). This type of outcome was also endorsed by the Arab Peace Initiative of 2002 and was confidently depicted as the solution during the Obama presidency, and even adapted to meet Israel’s security demands in ways designed to make such a solution appeal to Israel. Even Hamas endorsed the spirit of the two-state approach by proposing over the course of the last decade a long-term ceasefire, up to 50 years, if Israel were to end the occupation of the East Jerusalem, West Bank, and Gaza. If Israel were to agree, the resulting situation would materialize the Two-State Solution in the form of two de facto states: Israel and Palestine. It differs from the two-state approach only to the extent that it refuses to grant Israel de jure legitimacy or to renounce formally Palestinian claims to Palestine as a whole. Among the deficiencies of such territorially oriented approaches to peace is the marginalization of the grievances of up to seven million Palestinians living for generations as refugees or involuntary exiles.
There are at least four problems, conveniently swept under the nearest rug by two-state advocates, any one of which is sufficiently serious to raise severe doubts about the viability and desirability of the Two-State Solution: (1) Liberal Zionism expressed an outlook toward a diplomatic settlement that was not shared by the Likud-led rightest Israeli governments that have dominated Israeli politics throughout the 21st century; the Israeli goal involved territorial expansion, especially with respect to an enlarged and annexed Jerusalem, and by way of an extensive network of settlements and transport links in the West Bank, underpinned by the fundamental belief that Israel should not establish permanent borders until the whole of ‘the promised land’ as depicted in the Bible was deemed part of Israel. In effect, despite some coyness about engaging with a diplomatic process, Israel never credibly endorsed a commitment to a Palestinian state within 1967 borders that was based on the equality of the two peoples.
(2) Israel created extensive facts on the ground that have definitively contradicted its professes intention to seek a sustainable peace based on the Two-State Solution; these developments associated with the settlements, road network linking settlement blocs to Israel, references with Israel to the West Bank as ‘Judea and Samaria,’ that is, as belonging to biblical or historical Israel.
(3) The Two-State Solution as envisioned by its supporters effectively overlooked the plight of the Palestinian minority in Israel, which amounts to 20% of the population, or about 1.5 million persons. To expect such a large non-Jewish minority to accept the ethnic hegemony and discriminatory policies and practices of the Israeli state is unrealistic, as well as being contrary to international human rights standards. In this fundamental sense, an ethnic state that is exclusively associated with a particular people, is by its own proclamations and legal constructions, an ‘illegitimate state’ from the perspective of international law.
(4) Beyond this, to sustain Israel in relation to the dispossessed and oppressed Palestinian people has depended on establishing structures of ethnic domination over the Palestinian people as a whole that constitute the crime of apartheid. As in South Africa, there can be no peace with the Palestinians until these apartheid structures used to subjugate the Palestinian people are renounced and dismantled (including those imposed on Palestinian refugees and involuntary exiles); this will not happen until the Israeli leadership and public give up their insistence that Israel is exclusively the state of the Jewish people, with includes an unlimited and exclusive right of return for Jews and other privileges based on Jewish ethnic identity; in effect, the core of the struggle is about people rather than as in two-state thinking, about territory.
If we discard the Two-State Solution as unwanted by Israel, normatively unacceptable for the Palestinians, not diplomatically attainable, and inconsistent with modern international law, then what? It should be understood that even if a strong political will unexpectedly emerged that was genuinely dedicated to the balanced implementation of the Two-State Solution it would be highly unlikely to be achieveable. Against this critical background, we are obliged to do our best to answer this haunting question: ‘Is there a solution that is both desirable and attainable, even if not presently visible on the political horizon?’
Following the lines prefigured 20 years ago by Edward Said two overriding principles must be served if a sustainable and honorable peace is to be achieved: Israelis must be given a Jewish homeland within a reconfigured, and possibly neutrally renamed Palestine and the two people must allocate constitutional authority in ways that uphold the cardinal principles of collective equality and individual human dignity. Operationalizing such a vision would seem to necessitate the establishment of a secular unified state maybe with two flags and two names, which would have a certain resemblance to a bi-national state. There are many variations, provided there is strong existential respect for the equality of the two peoples in the constitutional and institutional structures of governance. Said also believed that there must be some kind of formal acknowledgement of Israel’s past crimes against the Palestinian people, possibly taking the form of a commission of peace and reconciliation with a mandate to review the entire history of the conflict.
If the liberal Zionist approach seems impractical and unacceptable, is not this conception prescribed as a preferred alternative ‘an irrelevant utopia’ that should be put aside because it would be a source of false hopes? If the Palestinians were to propose such a solution in the present political atmosphere, Israel would undoubtedly either ignore or react dismissively, and much of the rest of the international community would scoff, believing that the Palestinian are living in a dreamland of their own devising.
This seems like an accurate expectation, despite my insistence that what is being proposed here is a relevant utopia, the only realistic path to a sustainable and just peace. There is no doubt that the present constellation of forces is such that an initial dismissal is to be expected. Although if the Palestinian Authority were to put such a vision forward in the form of a carefully worked out proposal, it would constitute fresh ground for a debate more responsive to the actual circumstances faced by Israelis, as well as Palestinians. It would also be a step toward unity, overcoming the current political fragmentation that has weakened the Palestinians as a political force.
The primary political and ethical question is how to create political traction for a secular state shared equally by Israelis and Palestinians. It is my view that this can only happen in this context if the global solidarity movement presently supportive of the Palestinian national struggle mounts sufficient pressure on Israel so that the Israeli leadership recalculates its interests. The South African precedent, while differing in many aspects, is still instructive. Few imagined a peaceful transition from apartheid South Africa to a constitutional democracy based on racial equality to be remotely possible until after it happened.
I envisage a comparable potentiality with respect to Israel/Palestine, although undoubtedly there would also be present a series of factors that established the originality of this latter sequence of development. In politics, if political will and requisite capabilities are present and mobilized, the impossible can and does happen, as it did in South Africa and in struggles against the European colonial regimes in the latter half of the 20th century.
Further, without such a politics of impossibility there is no path to genuine peace and justice for both Palestinians and Israelis, massive suffering will persist, and the normalcy of an existential peace based on living together on the basis of mutual respect and under a mature, humane, and democratic version of the rule of law, underpinned by checks and balances, and upholding constitutionally anchored fundamental rights. Only then, could we as citizen pilgrims dedicated to the construction of human-centered world order give our blessings to a peace that is legitimate and existentially balanced as between ethical values and political realities.
Gangster Geopolitics in the Global Jungle: Annexation Tops Israel’s Macabre Dance Card
16 May[Prefatory Note: Republication of opinion piece published in Al Jazeera English on May 13, 2020. Link is https://www.aljazeera.com/indepth/opinion/gangster-geopolitics-israel-annexation-plans-200511154825347.html. The published AJE text has been slightly modified.]
Gangster Geopolitics in the Global Jungle: Annexation Tops Israel’s Macabre Dance Card
Annexation Foreplay
These are the strangest of times. On this almost everyone will agree.
Lives all over the planet are being torn apart either by COVIS-19 or as a result of its devastating social and economic dislocations. In such a moment, it is hardly surprising that the best and worst of humanity is being showcased.
Yet what seems worse beyond even these forebodings is the persistence of gangster geopolitics in its various manifestations.
Intensifying U.S. sanctions in the midst of the health crisis on already
deeply afflicted societies and suffering populations such as Iran and Venezuela is one striking example. This display of the primacy of geopolitics is highlighted by its rejections of numerous high profile
humanitarian appeals for the suspension of sanctions, at least for the duration of the pandemic. Instead of suspension and empathy, we find tone deaf Washington almost gleefully upping its ‘maximum pressure’ policy, perversely grabbing the opportunity to rachet up the pain level.
Another dark tale is the macabre Israeli dance around the disruptive lawlessness of the annexation pledge that Netanyahu has promised to implement as early as July, having the assent of his power-sharing rival, Benny Gantz, to proceed without the need to gain the assent of his coalition co-leader. It is not even controversial to insist that any annexation of occupied Palestinian territory directly violates fundamental norms of international law. Maybe because of this, Israel is poised to annex without even attempting to offer legal justifications for overriding the widely endorsed and rigidly interpreted rule that a sovereign state is not allowed to annex foreign territory acquired by force.
This instance of annexation additionally involves an extreme repudiation of international humanitarian law as embodied in the Fourth Geneva Convention. It amounts to a unilateral move by Israel to change the status of land in the West Bank from that of occupier, since 1967) to that of its sovereign territorial authority. It also disregards the legal pledge in Oslo II (1995) to transfer to Palestine by stages jurisdiction over Area C in the post-Oslo administrative mapping of the West Bank. And further, such contemplated annexation directly challenges the authority of the UN, which by an overwhelming continuous consensus regards Israel’s presence in the West Bank, East Jerusalem, and Gaza as solely based on force and occupation, making any modification dependent on a prior authoritative expression of Palestinian consent, which is even hard to imagine ever being given. Not only is annexation unlawful, but has the potential to be regionally disruptive, agitating neighbors, especially Jordan, possibly Egypt, and directly challenges the continuing European zombie attachment to a two-state solution.
What has generally been overlooked in the extensive commentary on the annexation prospect is that it not only ignores the Palestinian self-determination, it also ‘forgets’ that the UN has unfulfilled promise and responsibility to find a just solution for Palestine that it inherited from the United Kingdom that had been administering the territory between the two world wars. What had been even in the days of the League ‘a sacred trust’ becomes in the era of post-colonial gangster geopolitics ‘wanton disregard.’
Israelis Insist Annexation is About ‘Security’
For all these reasons it is not surprising that even Israeli heavyweights, including former heads of Mossad and Shin Bet, as well as retired IDF security officers are sounding an alarm. Some militant Zionists oppose annexation at this point because it will expose the delusion that Israel is a democracy as well as a State of the Jewish people as worries mount that absorbing Palestinians in the West Bank will in due course threaten Jewish ethnic hegemony. Of course, none of this Israeli/Zionist ‘second thoughts debate’ objects to annexation because it violates international law, sidesteps and undermines UN or EU authority, and ignores Palestinian inalienable rights. All the objections to annexation from within Israel or among Zionist militants are couched by exclusive reference to a variety of concerns about alleged negative impacts on Israeli security. In particular, these critics from within Israel’s national security establishment are worried about disturbing Arab neighbors and further alienating world public opinion, especially in Europe, and to some extent worry about the reactions of ‘liberal Zionists,’ and thus weakening solidarity bonds of overseas Jews with Israel in the U.S. and Europe.
The pro-annexation side of the Israeli policy debate also mentions security considerations, especially with respect to the Jordan Valley and the settlements, but much less so. Unlike the critics, the more ardent proponents of annexation are land claimants. They invoke a Jewish biblical entitlement to Judea and Samaria (known internationally as the ‘West Bank’). This entitlement is reinforced by referencing Jewish deep cultural traditions and centuries of historical connections between a small Jewish presence as being continuous and this land being treated as a self-created sacred guardianship. As with Israeli critics of annexation, supporters feel no need to explain, or even notice, the disregard of Palestinian grievances and rights. Annexationist don’t dare put forward an argument that the Jewish claims are more deserving of recognition than are the competing national claims of Palestinians, undoubtedly because their case is so weak in terms of uncontested modern ideas of law, as well as the ethics of territorial entitlement.
As has been case throughout the Zionist narrative, Palestinian grievances, aspirations, and even the existence of a Palestinian people is not part of the Zionist imaginary except as political obstacles and demographic impediments. At the same time, all long Zionism has been tactically opportunistic about disclosing the full extent of its project, instead acting in public as if what it could gain under a given set of circumstances was all that it wanted and expected at some future point to acquire. When one considers the evolution of the main drift of Zionism since its inception, the longer-term aspiration of marginalizing Palestinians in a single dominant Jewish state that encompassed the whole of Israel’s ‘promised land’ has never been forsaken. In this sense the UN partition plan while accepted as a solution at the time by the Zionist leadership, is better interpreted as a stepping stone to recovering as much of the promised land as possible. In the course of the last hundred years, from a Zionist perspective utopia became reality, while for the Palestinians reality became dystopia.
The Macabre Dance
How the prelude to annexation is being addressed by Israel and the United States is as dismaying as is the underlying erasure of the Palestinians, except possibly as a restive population to be kept fragmented and as disunited as possible so that their resistance and
objections can be efficiently muted. Israel has already privileged annexation in the Gantz/Netanyahu unity government, making a proposal for annexation to be submitted to the Knesset any time after July 1st. The only precondition accepted by agreement establishing the Netanyahu/Gantz unity government was conforming the contours of the annexation to the territorial allocations embodied in the notoriously one-sided Trump/Kushner ‘From Peace to Prosperity’ proposal, which seems reasonable to treat as tantamount to an outright stamp of approval by the U.S. Government. Even without the disclosure of the Trump peace plan, U.S. approval was hardly ever in doubt. It follows from Trump’s endorsement of Israel’s annexation of the Golan Heights in occupied Syrian territory a few months ago.
As could be expected, Trump’s America is creating no friction, not even whispering to Netanyahu at least to offer legal justifications or explain away the negative effects of annexation on Palestinian peace prospects. Instead, the American Secretary of State, Mike Pompeo, has given a green light to West Bank annexation even before Israel formalized its claim, declaring provocatively that annexation is a matter for the Israelis to determine on their own (as if neither Palestinians nor international law had any relevance). He added that the U.S. will convey its opinions privately to the government of Israel.
Perhaps, this is a wily move by Washington. In effect, leaving it to Israel to handle any regional or UN blowback resulting from carrying out this controversial annexation. If an international pushback of any consequence occurs, the Israeli government would have to take responsibility for handling the outcry. In this sense, perhaps the Trump administration is learning the game, by this time seeking to avoid, or at least deflect, the angry reactions directed at the U.S. in the UN and elsewhere after announcing in December 2017 its intention to move the American embassy from Tel Aviv to Jerusalem.
Gangster Geopoliticss
In the undisclosed background, the calloussness of the annexation initiative seems designed to neuter the UN and blunt international criticism of Israel. It is expected that annexation will be greeted by strong rhetoric of denunciation from several European leaders and possibly candidate Biden, but unaccompanied by any serious push for an international campaign to reverse this taking of Palestinian land. On the basis of past experience, it seems likely that after a few days of media coverage concerns will subside, and the world will move on. Even the Palestinians discouraged by years of fruitless waiting, seem to be suffering, at least temporarily, from a combination of resistance fatigue and ineffectual solidarity initiatives. Such an assessment, is best understood as one more sign that Israel/U.S. relations are being managed in accord with ‘gangster geopolitics,’ and without paying heed to international law or UN authority. Such a pejorative label intends to condemn any annexation such as this one that sweeps law and morality aside while political space is forcibly cleared for land theft.
While gangster geopolitics may be extinguishing the last remnant of Palestinian hopes for political compromise and a diplomacy based on a genuine commitment to equity and equality, there are voices of resistance struggling to be heard. I highlight my dissent to annexation by describing this critical response as ‘gangsta geopolitics’ borrowing from pop culture’s ‘gangsta rap’ that fights back from the streets of the world on behalf of the people suffering from racist
police tactics. Of course, this is a metaphor, yet it illuminates an incredible pattern of official behavior that is hard to believe is acknowledged in Israeli public discourse.
First, there is the defiant nature of the Israeli annexation claim. Secondly, there is the single qualification that Israel must obtain
a geopolitical stamp of approval from the U.S. Government before going forward with annexation. Thirdly, that the U.S. Government seems to throw the ball back to Israel by saying the decision to annex is Israel’s to make, yet it will give Israel’s the benefit of its private opinion on the matter, presumably on the tactics of timing and presentation, without any consideration of matters of principle.
There is a ghostly melody accompanying this macabre dance. Israel tames its unilateralism by a gesture of geopolitical deference, and by this posturing, acts as if the approval of the United States matters as
something more than a political show of support. The U.S. doesn’t question the Israeli logic, yet it doesn’t want to accept responsibility
for a public show of approval, leaving Israel free to act as it wishes although withholding, at least for now, any expression of approval or disapproval with respect to annexation.
This leaves unattended the awkward gap between the
Israeli unity government agreement with its requirement to obtain U.S. approval and Pompeo’s demurrer. Whether this will cause any problems as the July date approaches is unlikely, especially as Israel will present annexation as a partial implementation of the Trump proposals. I suspect that the U.S. private message will be one of discreet approval, which Netanyahu will undoubtedly treat as satisfying the agreement with Gantz.
What stands out here is the arrogance of the politics of annexation. Not only are the rules and procedures of the world public order cast aside, but the internal discourse on the transfer of rights is carried on as if the people most affected are irrelevant, a kind of ‘internal Orientalism.’ Let’s hope that we who resort to gangsta rap to put these developments in the perspective they deserve, can do more at the time when the annexation move is formalized than gnash our teeth in frustration while observing this lamentable spectacle unfold.
Tags: annexation, Area C, international law, Israeli/Zionist Debate, Liberal Zionism, Pompeo, UN Responsibility, West Bank