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IPS Writers in the Blogosphere » Jerusalem http://www.ips.org/blog/ips Turning the World Downside Up Tue, 26 May 2020 22:12:16 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.1 Poll: Increasing Support In US For One-State Solution http://www.ips.org/blog/ips/poll-increasing-support-in-us-for-one-state-solution/ http://www.ips.org/blog/ips/poll-increasing-support-in-us-for-one-state-solution/#comments Mon, 08 Dec 2014 14:25:07 +0000 Mitchell Plitnick http://www.lobelog.com/?p=27307 by Mitchell Plitnick

On Friday, yet another poll on the Middle East was released. They seem to come in a very steady stream, and once you identify the questions, the results are almost entirely predictable.

But Shibley Telhami, the Anwar Sadat Professor for Peace and Development at the University of Maryland, regularly produces polls that are always worth looking at. Unlike most surveys of American views on US policy in the Middle East, Telhami tends to dig deep as opposed to simply establishing general opinions. The poll he released Dec. 5 includes some very interesting developments and reminders as to why things still aren’t changing—in the region or in Washington.

The most stunning development Telhami reported is that support among US citizens for a single-state in Israel and the Occupied Territories—where all would have full and equal rights—increased a whopping ten percentage points in the past year. The 34% who support that outcome now rivals the 39% who support two states, and it represents a jump of ten percentage points from a year ago.

What does this tell us? Most of the leading advocates for a one-state solution have based their advocacy on the idea that a single, secular and democratic state with equal rights for all represents the fairest, most just solution for all parties; that the two-state solution could not possibly fully address the grievances of Palestinian refugees; and that two states would leave most of the best land in the former area of pre-1948 Palestine in Israeli hands. (Two-state advocates have generally argued that partitioning the land was the fairest way to maintain security for Jews, who needed a state, and allow the Palestinians an opportunity to build an independent state of their own.)

Did a whole bunch of two-state advocates suddenly decide that the one-staters were right all along and that the single, democratic state was the more just option? This seems unlikely, especially since the two-state solution has been, and still is seen as the pragmatic choice.

No, that shift is the result of the despair that the collapse of the Oslo process has produced. Those shifting opinions are also coming from a realization that Israel is lurching ever rightward, making a two-state solution less likely in the near term, while settlements expand and make it increasingly difficult to conceive, much less achieve, two states in the longer term.

Of course, a one-state solution was never seen as a viable option among US citizens, much less in Washington. But now it has nearly as much popular support as two states, even while the discourse on Capitol Hill has not changed a bit. One reason for the split between the public and its representatives is included in this poll.

When asked whether the United States should favor one side or the other in the conflict, 64% said the US should favor neither, 31% said the US should favor Israel, and only 4% said it should favor the Palestinians. This is fairly consistent with long-term trends; most US citizens believe their government should be acting as a neutral arbiter in the conflict or not be involved in it at all, and polls have reflected this for a very long time.

But the minuscule figure who believe we should be favoring the Palestinians, as opposed to the significant minority that support favoring Israel, goes a long way toward explaining why policy and the Washington discourse is not following, even in a small way, the national discourse and gradually shifting views among US citizens. The Palestinians are a generally disliked group—essentially seen as “the bad guys.” Even among Democrats, who, for the most part, exclude those who base their support for Israeli policies on the Bible (most of these so-called Christian Zionists are overwhelmingly Republican), only 6% favor siding with the Palestinians, as opposed to 17% who favor siding with Israel.

You’ll be hard pressed to find another issue where public opinion among those who favor some type of intervention is so lopsidedly opposed to helping the downtrodden and dispossessed. For such an entrenched policy, which has the most powerful and active foreign policy special interest lobby pushing to maintain it, this lack of sympathy for the Palestinians is a major obstacle to change, no matter how much the discourse might shift.

That discursive shift has had the effect of seriously diminishing the positive view of Israel in the United States. The Netanyahu government has contributed more than its share to that cause, of course. But so have the efforts of Palestinian activists and other pro-peace groups who have made an issue of Israeli rejectionism and the flaws in US policy.

But none of that has changed the view of the Palestinian cause in the United States. As Telhami’s poll and a long line of polls preceding it imply, most in the US believe that Palestinians’ rights should be respected in the abstract, but Palestinians are still seen as the less sympathetic combatant in this conflict. And Israel’s diminishing image hasn’t changed that.

Nor is there sufficient support for punitive actions against Israel for settlement construction. Sixty-one percent of respondents in this poll said the US should do nothing or just stick to making statements against settlement construction. With a mere 39% supporting more concrete action, Congress will feel very safe in continuing its absolute opposition to any pressure on Israel to desist from this practice.

All of this helps explain why, despite Israel’s reduced appeal in the United States and despite the increasing popularity of a solution that protects democracy rather than Israel’s Jewish character, nothing has changed in Washington. But if the mood among the US public continues in this direction, could that change?

It could, over time, especially considering the profound partisan differences in how Democrats and Republicans view the conflict. That should be a clarion call for those who still want to see a two-state solution emerge. Right now, Israel is pursuing various permutations of a single-state solution, but one where institutionalized discrimination privileging Jews over Arabs is strengthened. The Israeli right can push this agenda in the vacuum created by the apparent death of the two-state solution.

Yet the notion of two states need not die. The Oslo process was flawed from the very beginning. It was born out of documents and agreements that never explicitly stated that a Palestinian state next to Israel was a goal, nor did they offer any sort of human rights guidelines, let alone guarantees. Efforts in Oslo to restrict violence were horribly lopsided, with a laser-like focus on Palestinian violence while virtually ignoring the violence of the occupation itself, as well as that of many of the Jewish settlers. And while the very structure of the occupation provided both Israel and the United States with methods of coercion and pressure against the Palestinians, nothing of the kind was regularly exerted against Israel when it failed to fulfill the letter or spirit of agreements.

Oslo and the two-state solution became synonymous and, as a result, when the process failed, many came to believe that it was the very notion of two states that was fatally flawed. The despair leads more and more to abandon the two-state concept entirely. But that need not be.

It is entirely possible that one state is a better solution, or that Israeli settlement expansion through the West Bank and East Jerusalem already have too much momentum and have gobbled up too much land for a viable two-state solution to be possible. But the failure of Oslo, in and of itself, tells us nothing about whether a two state scenario could work. A two-state model—that includes basic standards of human rights and equal rights (political, civil and national) for all people between the Mediterranean Sea and the Jordan River, including Gaza, and includes penalties for both sides for failures of compliance based on a broad but clear, internationally agreed upon vision of the final agreement—could still work.

Undoubtedly, support for a single, secular and democratic state is growing. As people of good will continue to work to resolve this long, bloody and vexing conflict, it is an idea that needs to be considered. It is increasingly popular and based on notions of fairness, and stands against myopic nationalism and ethnocentrism. But it shouldn’t be the only option. A two-state vision, one very different from Oslo, should accompany it. In addition to the conditions I mentioned above, it should also include agreements of cooperation on commerce, economics, resources (especially water) and security. It should not mean Palestine would be de-militarized and eternally vulnerable, enjoying only partial sovereignty. Instead, security for both states would be ensured, and prosperity for both states would be promoted, by interdependency, based on treaties and agreements.

Both two-state and one-state scenarios have weaknesses and inherent flaws that can doom them. Given the hopelessness with which Israelis, Palestinians and all who care about the issue are facing now, we need to avoid throwing the baby out with the bathwater. While those who believe in such scenarios work to promote their one-state visions, two-state supporters need to immediately re-align their vision and reset the two-state idea. What’s needed in Israel and Palestine is not stubborn ideology, but a willingness to accept the best idea for moving forward. And the way to start doing that is by opening minds to new possibilities rising out of the inevitable failure of the process that laid exclusive claim to “peace” for twenty years.

Photo: The Shuafat refugee camp can be seen across the separation wall from the Pisgat Ze’ev Israeli settlement. Credit: Jillian Kestler-D’Amours/IPS.

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New Israeli Elections Offer Little Hope For Change http://www.ips.org/blog/ips/new-israeli-elections-offer-little-hope-for-change/ http://www.ips.org/blog/ips/new-israeli-elections-offer-little-hope-for-change/#comments Thu, 04 Dec 2014 15:09:00 +0000 Mitchell Plitnick http://www.lobelog.com/?p=27268 by Mitchell Plitnick

The Israeli government is headed for yet another round of elections. Although the official election date for the next Knesset is November 7, 2017, no one ever expected this government to last that long. The voting will likely take place in March of 2015.

What do the new elections mean outside of Israel? Nothing very good, I’m afraid. For the most part, any elections held in the foreseeable future are going to cement the status quo even further, and where they don’t do so, elections will mean a shift even further rightward.

In the short term, Europe will likely agree with the United States to keep doing what they’re doing now with regard to an Israeli-Palestinian agreement, which is nothing. But in the long term, they are both likely to be saddled with an Israeli government that will be even more blatant about its refusal of any accommodation with the Palestinians, and even more insistent on building more and more settlements, especially in Jerusalem.

There is, however, a good deal of flux in Israeli politics right now. Prime Minister Benjamin Netanyahu has seen his popularity plummet. His Gaza operation over the summer is not being viewed positively in Israel, as many see no difference in the situation with Gaza today from earlier in the year. Israelis may agree with many of his stances, but they’re not as keen on the way he executes his policies—they see Netanyahu as having eroded the relationship with the United States and having failed to stem the increasing hostility toward Israel in the rest of the world.

But more than anything else, Bibi’s economic policies have driven down his ratings. Although the Israeli economy writ large is relatively healthy, economic disparity within Israel, even among Israeli Jews, has never been worse, as the distribution of wealth in Israel rivals the extremely skewed scale we have grown accustomed to in the United States. And just like Americans in the United States, most Israelis are primarily concerned with the economy, jobs, and supporting their families—not foreign policy.

Another similarity between the United States and Israel is the lack of leadership options. Only some 33% of Israelis believe Netanyahu is the best man for the prime minister’s job, and his approval rating is around that same figure. But that puts him far ahead of any other major player on the Israeli scene. The next most popular choice for prime minister, according to the polls, is Isaac Herzog of the Labor Party at around 17%. Netanyahu’s Likud Party also polls significantly higher than any other party, so the overwhelming likelihood is that Netanyahu will win another election.

But the real question is what his coalition would look like. As we’ve seen in the last several Israeli elections, cobbling together a governing coalition is no easy feat. It requires serious compromises that could result in the same prime minister being forced to take on rather different policies depending on the coalition. The right-wing coalition that came to power in 2013 pushed Netanyahu into even more hawkish positions than he already held, both internationally and domestically. What would the next one do?

The current government, led by Netanyahu’s right-wing Likud Coalition, consists of the Russian/right-wing Yisrael Beiteinu (Israel, Our Home) party headed by Avigdor Lieberman; HaBayit HaYehudi (Jewish Home) headed by Naftali Bennett; Yesh Atid, a centrist party led by former television anchor Yair Lapid; and Ha’Tnuah, headed by Tzipi Livni. While all of these parties have clashed with Netanyahu at one time or another, Lapid and Livni are the most at odds with Bibi right now.

Netanyahu would certainly try to form a new coalition without Lapid or Livni. Between Likud and the other two far-right parties currently in the coalition, Netanyahu could reasonably count on around 50 seats in the next Knesset. Sixty-one seats are needed to form a governing coalition. But while Bennett has warmed up to Netanyahu, Lieberman, whose party formed a joint ticket with Netanyahu in the last election, has become a political enemy. So how will Netanyahu cobble together a coalition?

Netanyahu’s Likud and Bennett’s HaBayit Hayehudi are currently polling at about 40 seats between them, perhaps a few more. Another twenty or so would then be needed to form the next government. One candidate is the ultra-Orthodox Shas party. They will want to address their core demands, which are generally based on the economic concerns of their constituency: lower-income Jews of Iberian and Middle Eastern descent. They used to support a theoretical two-state solution, but have recently shifted farther to the right on the issue of the occupation and have always been firm about not dividing Jerusalem. Shas is polling between six and ten seats.

United Torah Judaism is an Ashkenazi coalition party (Jews of European descent, excluding Iberia) that is similar to Shas, but more devoted to maintaining the place of religion in Israel and less interested in foreign policy matters, including the occupation. UTJ will bring 7 or 8 seats.

If, as Netanyahu has suggested, he forms a coalition with the religious parties, it seems very possible that between Likud, and the three religious parties, he could get very close or possibly even exceed the 61-seat threshold. But he’s likely to need one more party, and while Labor, Livni, and Lapid all refuse to rule out being in a Netanyahu-led coalition, they will all face tremendous internal pressure not to do so, and, in any event, Bibi almost certainly doesn’t want them, lest he perpetuate the same unstable coalition he is trying to get out of now.

In all of this, there is a wild card, in the form of a new player in the election game. Popular ex-Likud figure, Moshe Kahlon has formed a party of his own, as yet unnamed, and it figures to be a key player in the next election. Kahlon, who is very well-liked among the Israeli public for having reformed the cellular communications industry, left Likud because he felt it had “lost its way.” He is a classic Likud hawk more in the mold of Menachem Begin than Netanyahu. But his real appeal exists in the fact that like Begin and very much unlike Netanyahu, he tends to emphasize economic equality and social welfare. He would not promote the blatant racism Netanyahu does, and that might help a bit with the current internal strife. He would also want to try to maintain a peace process, even while he holds positions on the occupation and security that are not far away from Bibi’s. Current polls have his new party winning between 9 and 12 seats.

So, what kind of government comes out of all this? Kahlon may, in many ways, hold the key to that question. The most likely coalition would consist of Likud, HaBayit HaYehudi, Shas and Kahlon’s party, with UTJ possibly tagging along or replacing Shas. The price of the latter parties’ agreements would be some change in economic and social policies in Israel. This could amount to a government that does more to assuage popular domestic anger than the current one, but is even more hawkish on the occupation. Kahlon could also turn into a somewhat more powerful version of Livni in the next government. His party would likely hold considerably more seats and he is much more popular with Israelis than Livni ever was.

If Kahlon does better in the election than currently projected, he could also possibly be the one to form the next government. Kahlon would not necessarily have to out-poll Likud to do this. He would merely need to have enough seats and support from other parties to convince Israeli President Reuven Rivlin (who despises Netanyahu and whose appointment to the presidency Bibi tried to block) that he stands a better chance of forming a coalition than Netanyahu does. That’s an unlikely move for him, but not out of the question since Kahlon could, if he wished, form a broad based government that could include Yisrael Beiteinu, Yesh Atid, and Labor, as well as Shas and UTJ. Such a government would be far more likely to renew the peace process, but, especially given the increasing apathy or even militancy with which most Israelis view the occupation, no more likely to actually move it forward.

Considered in that light, there might be reason to hope that an even more extreme right-wing government takes power. Perhaps that would fan the small sparks we are seeing from Europe toward real pressure on Israel. But when it comes right down to it, neither scenario is promising.

Photograph: Former Likud Minister Moshe Kahlon, in Haifa, Israel, November 2012

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Why Is Netanyahu Targeting Abbas for the Har Nof Massacre? http://www.ips.org/blog/ips/why-is-netanyahu-targeting-abbas-for-the-har-nof-massacre/ http://www.ips.org/blog/ips/why-is-netanyahu-targeting-abbas-for-the-har-nof-massacre/#comments Thu, 20 Nov 2014 14:19:08 +0000 Mitchell Plitnick http://www.lobelog.com/?p=27011 via Lobelog

by Mitchell Plitnick

This past Tuesday saw the latest in a horrifyingly long line of atrocities in Jerusalem. Two armed Palestinians entered a synagogue in the Har Nof neighborhood, killed five Israeli civilians and wounded six others before police gunned the murderers down. The reactions of Israeli and Palestinian leaders are worth examining.

Hamas, unsurprisingly, praised the murders. Palestinian Authority President Mahmoud Abbas, equally unsurprisingly, condemned them unequivocally. In his official statement, Abbas said that he “…condemns the attack on Jewish worshippers in their place of prayer and condemns the killing of civilians no matter who is doing it.”

But this didn’t stop Israeli leaders from continuing their campaign to demonize Abbas, the Palestinian leader who has tried harder, made more compromises and sacrificed more of his own credibility to achieve a two-state solution than any of his predecessors.

“Abbas has intentionally turned the conflict into a religious one between Jews and Muslims, and the systematic incitement he leads against Jews…is the ‘go-ahead’ for these despicable terror attacks,” said Foreign Minister Avigdor Lieberman on Nov. 18, the day of the attack.

Economy Minister Naftali Bennett meanwhile told reporters that “Abbas, one of the biggest terrorists to have arisen from the Palestinian people, bears direct responsibility for the Jewish blood spilt… while we were busy with delusions about the [peace] process… Abbas has declared war on Israel and we must treat that accordingly.”

Not to be outdone by the rivals within his own governing coalition, Prime Minister Benjamin Netanyahu said that “This [attack] is a direct result of the incitement lead by Hamas and Abu Mazen (Abbas), incitement that the international community irresponsibly ignores.” He also dismissed Abbas’ condemnation of the attack because Abbas had said: “While we condemn this incident, we also condemn the aggression toward Al-Aqsa Mosque and other holy places and torching of mosques and churches.” To Netanyahu, such a statement, though demonstrably based on factual Israeli actions and statements, is “incitement.”

Netanyahu didn’t stop there. He accused the Palestinians of “blood libel,” a term that refers to historical incidents where false charges against Jews of ritual murder were invented to incite anti-Jewish violence.

The vast majority of Netanyahu’s venom, and that of the other Israeli leaders was directed at Abbas, despite the shameful way Hamas applauded this heinous crime. There was a touch of irony to that, as on the same day of the attack, the head of the Shin Bet, the Israeli security agency charged with internal security, had declared quite clearly that “[Abbas] is not interested in terror and is not leading [his people] to terror. Nor is he doing so ‘under the table.’”

All of this raises a question: Why is the Israeli right ignoring the low-hanging fruit of Hamas and going full bore at Abbas instead? After all, Hamas praised the attack, and Netanyahu and company could easily have stopped at tainting Abbas with the argument that he was in partnership with the Islamists via the unity government. Instead, the Israelis went much farther, to the point of virtually ignoring Hamas and the other Palestinian factions who voiced support for the attack.

The explanation for this behavior involves both the long-term and the short-term. In the short run, this is all part of Netanyahu’s broader public relations campaign linking Iran, Hamas, the Islamic State and now the Palestinian Authority. This campaign has several goals: to make it politically impossible for the United States to work with Iran against Islamic State (ISIS or IS), to make a deal between Iran and the P5+1 countries more difficult, to forestall any further international scrutiny of the siege of the Gaza Strip and to legitimize harsher Israeli measures in Jerusalem, among other goals.

On most counts, the strategy is failing, with the usual exception that Israeli actions in Gaza and Jerusalem are being downplayed, although not totally ignored. But Netanyahu’s rhetoric is having more of an effect toward his long-term goal.

The endless refrain of “Iran is ISIS, ISIS is Hamas” is designed to use the universally despised Islamic State to further de-legitimize Iran and the Palestinians. The reasons for this are obvious: to paint both Hamas and Iran as such implacable enemies that Israel would be justified in any action taken against them. But Netanyahu’s rhetoric is gradually broadening its scope of Palestinian targets. By blaming incitement from Abbas and the Palestinian Authority (PA) for the recent attack in Jerusalem, and by repeatedly pointing out that the PA is now run by a unity government (however dysfunctional) that includes Hamas, Netanyahu is, in effect, subtly folding the PA into the “Hamas-ISIS-Iran” equation.

The strategy is working in Netanyahu’s target areas: Israelis at home and Israel’s supporters abroad, and Washington. After the synagogue murders in Jerusalem, John Kerry sounded just like Netanyahu when he blamed Palestinian incitement, clearly including the PA, for the attack. He was followed by a slew of Congress members from both parties, some of whom singled out Abbas by name.

This is part of the Israeli right’s “solution” to the Palestinian-Israeli conflict. It begins with rolling back the arrangements under the Oslo Accords. The vision is something similar to what existed before the Accords were signed in 1993. Israel would have full security control in the West Bank, and the PA would be reduced to an administrative body in the increasingly isolated Palestinian cities, towns and villages. Freedom of movement for Palestinians would be increased in the hope that their economic conditions would improve (possibly through increased Palestinian employment in Israeli businesses) and that this would be enough, with increased Israeli security, to maintain relative calm.

This is a shared vision among Netanyahu, Lieberman, Naftali Bennett, and numerous other right-wing figures in Israel, even though they each present it differently. It was sketched out in broad terms in the Israeli media recently. Another prize in the arrangement for Israel is that it would diminish the PA as the international representative of the Palestinians, thus blunting the gains the Palestinians have gotten through various international recognitions of their statehood. The PA would still exist, but it would be disconnected from the Palestinian street in the Occupied Territories. This would, indeed, resemble the pre-Oslo era.

Even if Netanyahu is ousted from the Prime Minister’s office in the near future (not likely, but possible given the current political waves in Israel), another right-wing leader would certainly be his successor. Thus, the rollback of Oslo would continue, as would the freeze in the peace process. And without a visible representative Palestinian leadership, international pressure for peace would diminish, simply because there won’t be anyone to press Israel to talk to (the United States, Europe and even the United Nations will not, in any foreseeable future, push Israel to talk with Hamas).

The Israeli right believes that this is a status quo that could be maintained indefinitely, with the occasional flare-up of violence with Gaza and sporadic, but disorganized attacks by individual Palestinians from the West Bank. And since right-wing leaders will be controlling Israel until an opposition that can sway the Israeli public toward a more moderate course coalesces, the vision will be pursued.

But we’re already seeing some of the reasons why this vision is unsustainable. Israeli radicals will continue to agitate for greater Jewish control of the Temple Mount, and any right-wing Israeli government cannot simply ignore them. That will lead to more and more individual acts of violence like the one this week in Jerusalem and the several that preceded it recently.

Perhaps the Israeli right thinks they can handle that as well, and they may be correct. But there is another aspect about the pre-Oslo existence that they may be overlooking.

The separation of the Palestinian masses from the leadership of the Palestinian Liberation Organization (PLO) in the 1980s led to the development of a more grassroots, locally based Palestinian leadership. It was that leadership, not the PLO, which created the first, and by far the more successful, Intifada. Palestinians have been yearning for a new leadership, and a new generation of leaders with popular support would be most welcome among them.

The first intifada was certainly not non-violent, but it relied much more on strikes, protests and civil disobedience than the second one did. Violence was a very minor aspect of it at first, until Yitzhak Rabin’s policy of “breaking the Palestinians’ limbs” increased it. Even so, the non-violent aspects of that uprising remained front and center. It was then that the United States, and soon after, Israel, embraced the idea of peace with the PLO, in order to end the intifada and to blunt and co-opt that new Palestinian leadership.

If such a leadership arose again, it would be impossible to ignore politically, even in Washington and Tel Aviv. But Palestinians need to hope for it, because if the Obama administration is so removed from this issue that it is willing to blame Abbas for acts that he has strongly condemned, then the Oslo rollback-vision will prove successful, and there will be even less pressure on Israel to compromise. But that would also present an opportunity for the new Palestinian leadership to encourage renewed international activism aimed at economically pressuring Israel. And that could bring real change.

There is, however, a very long road between that sort of hope and where we are right now.

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Jerusalem of Tarnished Gold http://www.ips.org/blog/ips/jerusalem-of-tarnished-gold/ http://www.ips.org/blog/ips/jerusalem-of-tarnished-gold/#comments Fri, 07 Nov 2014 18:33:14 +0000 Mitchell Plitnick http://www.lobelog.com/?p=26839 via Lobelog

by Mitchell Plitnick

Take a particularly provocative and grandstanding Israeli government and shift its focus from Hamas and Gaza to Jerusalem and you have a most explosive recipe. That potion is being stirred now, and the results could shake up the status quo in a way that we have only seen a few times in Israel’s history.

Much of the recent news narrative starts with the wounding of Yehuda Glick, a US expat who emigrated to Israel as child and became one of the leaders of the self-proclaimed “Temple Mount Movement.” In reality, this chapter of the endless and bloody saga of the Old City of Jerusalem began with the last Israeli election. That poll brought into power the most radically right-wing of Israeli governments, representing an odd mixture of zealous Zionism, modern Orthodoxy in Judaism and a curious impulse to completely disregard centuries of Jewish law regarding the Temple Mount. We’ll get back to that later, but first it’s important to recognize the potential fallout from further escalation.

The recall of Jordan’s ambassador to Israel is no small matter, and it reflects just how important this issue is to the Hashemite kingdom. Despite having lost the West Bank to Israel in 1967 and having relinquished its claim to it in 1988, Jordan is still the guardian of the Jerusalem holy sites for the Muslim world. This status is precious to the Hashemites, and the prestige it brings is a crucial element for their continued hold on power.

The Israeli threats have escalated steadily since the election and then ticked up sharply in the spring, when the Netanyahu government began its anti-Hamas crackdown throughout the West Bank, under the false cover of searching for kidnap victims the Israelis already knew had been brutally murdered. Tensions and demonstrations in Jerusalem were escalating throughout the summer, while everyone’s attention was, quite understandably, focused on Gaza.

This was the inevitable result of an intensely nationalistic government believing it had finally done away with the façade of negotiations in which Jerusalem was a central issue. Brazen statements, provocative visits, and then crackdowns and harsher limits on Palestinian worshippers at al-Aqsa Mosque were all to be expected.

One question that these events raise is whether this is the intention of Prime Minister Benjamin Netanyahu or the result of his unwillingness to challenge his coalition partners and members of his own party on a passionately populist issue. I tend to lean toward the latter belief, as Netanyahu has usually shown himself to be the sort of leader who does nothing unless he’s pressured by politics. In either case, the Israeli actions have raised concerns from Washington to Brussels to Cairo and, most resoundingly, to Amman.

Despite the peace treaty with Israel being massively unpopular in Jordan, where the majority of the citizens are Palestinian, it has not been a cause for major internal upheaval. For Jordan, peace has not only brought financial and diplomatic support from the United States, it has also opened up a new market with Israel, which exports goods to Jordan and thereby to the rest of the Arab world, despite the ongoing regional boycott against Israel.

Tinderbox

But now there is unrest and unease in Jordan. King Abdullah’s support of the United States’ efforts against the Islamic State (ISIS or IS) has helped rile some of the more radical elements in Jordan, adding to the tensions that already existed between the government and more mainstream Islamist groups such as the Muslim Brotherhood. The country is undergoing a severe economic crisis, with massive unemployment, even while it is also burdened with refugees from Syria and Iraq, many of whom have sharp complaints about their treatment.

These conditions make Jordan a tinderbox. And Jerusalem is just as sure a fuse for a Jordanian tinderbox as it is for an Israeli-Palestinian one. These are the factors that led King Abdullah to recall his ambassador from Israel. Only once before, when Israel attempted to assassinate Hamas leader Khaled Meshal in Jordan, has peace between Jordan and Israel been so threatened.

The Israelis have surely given this consideration, but they likely estimate that Jordan would not dare abrogate its treaty with Israel. Such a move would surely endanger Jordan’s support from the US, and that could be fatal if, indeed, internal conflict does break out in the Hashemite kingdom. Ultimately, Israel probably believes that unless it tries to threaten the authority of the Islamic Waqf, which is the body that administrates the Temple Mount, or otherwise officially changes the status quo of the area, Jordan will not withdraw from the treaty.

That’s a reasonable assessment, but it should not be banked on too strongly. Given the precarious situation in Jordan, its leadership’s main concern now is avoiding an outbreak of civil conflict altogether. Even though the Jordanian military is far superior to that of, say, Iraq, a popular uprising triggered by conflict over the Jerusalem holy sites could quickly spread to encompass the mass dissatisfaction with both the economic conditions and Hashemite rule in the country in general. Abdullah does not want to gamble on his ability to contain all of that anger. Though unlikely, that concern does give him a reason to potentially take the bold step of ending peace with Israel, and deal with the consequences of that step later.

For Israel, such an outcome would mean near-total isolation again. Even the Sisi government in Egypt would have a difficult time continuing to work with Israel all by itself. Egyptians remember well the isolation they experienced from the rest of the Arab world after their treaty with Israel was first struck. It took a very long time, even after they were re-admitted into the Arab League, for Egypt to regain a position of some stature in the Arab world.

New Path

The entire approach the international community has taken toward Jerusalem needs to re-evaluated, and quickly. For years, Israel has treated Jerusalem as a flashpoint it could manipulate for nationalistic reasons, and for a long time, young Palestinian Muslims (sometimes all of them under the age of 50, other times the cutoff age has been as low as 35) have been unable to go to pray at the al-Aqsa Mosque. To be sure, there have also been many incidents of Palestinians using Friday prayers as a launching pad for protests and stone-throwing, sometimes down the hill at Jewish worshippers at the Western Wall.

Israeli soldiers and police blocking Palestinians from one of the entrances to the old city in Jerusalem. Credit: Mel Frykberg/IPS

Israeli soldiers and police blocking Palestinians from one of the entrances to the old city in Jerusalem on March 14, 2010. Credit: Mel Frykberg/IPS

Now, Jerusalem is being used by different parts of Israel’s governing coalition. The further right elements are crystallizing nationalist fervor around it. Netanyahu, for his part, is using the violence that Israeli actions are stirring up to blame Palestinian Authority (PA) President Mahmoud Abbas as part of his campaign to convince people that all of Israel’s opponents—IS, Iran, Hamas, and the PA as led by Abbas—are essentially the same enemy of not only Israel, but the entire world. And, of course, Hamas, and Fatah as well, are using the Israeli actions as a rallying cry, spurring people to both organized and individual acts of resistance and/or terrorism.

But it’s high time reality set in and we understood this to be an issue of nationalism manipulating religion to its ends. Many of the Jewish Temple Mount activists claim that they are pursuing a civil rights issue. After all, they argue, if the Muslim right to pray at their third holiest site is sacrosanct, shouldn’t the Jewish right to pray at their holiest site be at least as high a priority?

Sorry, but that’s not what this is about. Religious Zionism has twisted many Jewish precepts over the years. But even Israel’s chief rabbis have reiterated continuously that Jews must not pray on the Temple Mount or even walk upon it for fear of treading upon the area of the Holiest of Holies, which was inside the Temple and where only the High Priest may enter.

Religious Zionists are split on this issue, as some religious leaders have, in a rather arbitrary fashion, decided that going up to the Temple Mount is acceptable. And, it must be noted, that this notion is an entirely modern phenomenon. It is only in recent years that even religious Zionists have tried to completely negate this particular tenet of Jewish tradition, which has been undisputed for most of our history.

As with so many issues regarding Israel, this is not about Judaism. In fact, it’s not about the terms of much of mainstream Zionism, either. It is a brazen effort by far-right nationalists, some because of a radicalized messianism, some with more secular motivations, to lay claim to Jewish rule over Jerusalem as a whole. It is of a piece with the escalating efforts by Jewish Israelis to spread the colonization of East Jerusalem in the hope of making a unified, Jewish Jerusalem a fait accompli.

Israel is playing with fire on a number of levels here, with the Palestinians and with the broader Arab and Muslim worlds. Thus far, the government has been justified in its belief that the United States and Europe would do nothing more than issue the usual condemnations, not recognizing that Israel’s actions could make compromise on Jerusalem a practical impossibility.

But at some point the US and EU must recognize that if Israel continues to increase its antagonism on the issue of Jerusalem, it’s going to radicalize a lot more than just the Palestinians in East Jerusalem, as well as complicate their efforts against IS and other concerns in the Arab World. If they don’t take some action to reign Israel in soon, they will also be paying the consequences.

Photo: View of the Dome of the Rock and al-Aqsa Mosque on Temple Mount in the ancient city of Jerusalem. Credit: Sarah Ferguson

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Netanyahu and Obama: Name-Calling and its Discontents http://www.ips.org/blog/ips/netanyahu-and-obama-name-calling-and-its-discontents/ http://www.ips.org/blog/ips/netanyahu-and-obama-name-calling-and-its-discontents/#comments Fri, 31 Oct 2014 13:49:30 +0000 Mitchell Plitnick http://www.lobelog.com/?p=26736 via Lobelog

by Mitchell Plitnick

The obsession in politics and diplomacy with decorum–largely a relic from the past–can easily distract people from the realities of the present. Case in point, the uproar over Jeffrey Goldberg’s latest article in the Atlantic, the headline of which, The Crisis in U.S.-Israel Relations Is Officially Here, would seem important enough to warrant more attention than it has gotten so far.

Instead, the whisper of an unnamed “senior Obama administration official,” who called Netanyahu a “chickenshit,” has occupied headlines. And instead of taking a strong, or even a weak stance on Netanyahu’s repeated declarations about expanding settlement activity everywhere in Jerusalem and the West Bank, the White House has only tried to distance itself from the remark, describing it as “unauthorized” and “inappropriate.”

As Goldberg himself pointed out, the fact that Bibi is a chickenshit is not entirely a bad thing. Whatever else it does, it also makes him quite afraid to back up his rhetoric with action. Even in Gaza this summer, the ongoing slaughter seemed, from Netanyahu’s point of view, to be something that spiraled much further out of control than he had intended. Indeed, his constant shifting of the mission’s goal posts indicated the lack of any sort of planning beforehand. Political pressures kept driving him on, as they do with most of his actions. But at least the “chickenshit” was never going to attack Iran despite his bellicosity, as the United States seems to finally understand.

Being less of a leader and more of a leaf blowing in the political wind is an apt description of Netanyahu, and it is strongly suggested in Goldberg’s piece. But it also applies to the Obama administration, which has repeatedly refused to use the tools it has at its disposal to create real pressure on Israel to, at the very least, desist from its actions that are obviously intended to destroy any possibility of a two-state solution. So, chickenshit cuts both ways.

Maybe Goldberg intended the chickenshit comment to overshadow the rest of his point, maybe he didn’t. But the assertion that we are in a period of crisis for US-Israel relations is a very important one. The question is: are we?

The simple answer is no, but Goldberg is not wrong in suggesting that such a crisis could occur in the near future. One can understand why Goldberg focuses so much on personal clashes. Never in the history of Israel has there been a government that so arrogantly insulted the United States so frequently. Whether it’s Netanyahu, Finance Minister Naftali Bennett, Defense Minister Moshe Ya’alon, or some other member of the Knesset, anti-American statements have risen to unprecedented levels.

For their part, US officials have been getting just the tiniest bit harsher in their criticism of Israel, while Israeli officials escalate their anti-US rhetoric. And then there’s the endless stories about how much Obama and Netanyahu dislike each other, with Goldberg’s in the lead. The problem, of course, as it is presented in this narrative of interpersonal conflict, is bad communication, or mismatched personalities.

In reality, none of this is really about Bibi and Barack disliking each other. They do, but that is beside the point. It is the direction that Israel has decided to go in that is the problem.

Let’s start off by noting that the degree of the “crisis” is being massively overblown. There is a much bigger problem in Europe for Bibi than there is in the United States. The Europeans are actually threatening to take some action, not just calling Bibi names in whispers to reporters. Sweden’s recognition of Palestine as a state is just a first step in a series of actions that might be on the horizon from Europe, where Israel conducts the biggest share of its trade. When the United States gets to that point, as it has on occasion in the ever more distant past, then we can start wondering if there is a crisis in relations that might cause some small shift in the status quo.

The “chickenshit” epithet can apply to Obama just as much as it can to Netanyahu. He is a president with a non-confrontational style trying to govern with what is, arguably, the most defiant and combative Congress any president has ever had to deal with. And he is dealing with an Israeli government that is pursuing a very different strategy than its predecessors. The Israel of today no longer cares about the majority of the Jewish community in the United States. This Israel, correctly, determined that its ultimate desire to completely thwart a two-state solution and maintain an apartheid system over the Palestinians would never be acceptable to most American Jews. But most US Jews weren’t the ones providing the political power and, more importantly, the funding for congressional campaigns and for settlements in the West Bank.

The Jews that do provide these things, as well as the Christians, are right-wingers, either in their general politics or at least on Middle East policy (including policy toward the entire Arab world, Iran and Turkey). They are now the only ones Israel cares about. More liberal-minded devotees are not, at this stage, providing that much support for Israel, either economically or financially. Those of them who do provide this support will continue to check their otherwise liberal values at the Israeli door. The rest are not, in the estimate of the Netanyahu government, worth the compromises that must be made to garner their support.

In this circumstance, Israel has a freer hand in its actions. While Netanyahu announces more and more building plans in East Jerusalem and other sensitive parts of the Occupied Territories, Republicans, who stand a good chance of controlling both houses of Congress, are not criticizing Israeli actions in the slightest. Instead, as one would expect, they are attacking Obama for his insufficient support of Israel.

In this context, Israeli journalist Roi Ben-Yishai, one of Israel’s best, recently reported on Israel’s “new approach” to the Palestinians. It holds few surprises. Israel is not intending to return to talks, correctly believing they will be futile, and therefore would only make things worse. Israel’s assessment will remain correct until its own positions can be moderated by pressure like that of the Palestinians over the years.

The plan is then to have the quiescent Palestinian Authority (PA) assume control over Gaza and reinforce its control on the West Bank. In other words, marginalize Hamas throughout the Palestinian body politic. Under those circumstances, Israel would end the siege of Gaza and ease restrictions on movement in the West Bank as well. The idea is that the Palestinians can then build a functional economy, which Israel believes will cause the Palestinian people to oppose actions that could draw Israeli military reprisals. I rather doubt that would be the result, but right now, the delays in Palestinian international action imply that PA President Mahmoud Abbas is cooperating with Israel and Egypt on this effort, probably in the hope that this strategy would eliminate Hamas as a political rival.

This seems like another doomed plan, one that harkens back to old Israeli beliefs that Palestinian nationalism will eventually just go away. But we must recognize that this is happening with the silent approval of the United States. Egypt, in particular, would not work with Israel on such a plan if it believed that the United States would object. More to the point, the plan is also intended to provide the US with what it wants most: Palestinian silence. What American policy has always represented is the complete lack of importance placed on the welfare of the Palestinians, or anyone else (including ordinary Israelis) in the region, for that matter. The entire issue is only relevant insofar as it affects more “important” US concerns.

So, the Obama administration will likely allow Israel to proceed with its plans, even if it doesn’t believe those plans are likely to succeed. This is evident in the lack of material response to Israel’s direct challenge to the international consensus on a two-state solution.

The name-calling most recently highlighted by Goldberg merely reflects these disagreements and the fact that the increasingly populist and rightward tilt not only in the Israeli government but also in its population leads to verbose criticism of US officials, up to and including the president. Responses to such insults can be countered by Israel’s power in Congress in a way that more fundamental policy differences cannot. That frustrates some American officials, but it doesn’t provoke any material US response.

If Congress persists in pressuring the administration on its Iran policy, a pressure which most understand as directed by Jerusalem, Obama may well respond through the Palestinian issue. In that case, we might see a more direct counter to Israeli policies, such as a Security Council resolution condemning the settlements or even an “Obama Plan” basing a two-state solution on the 1967 borders and sharing Jerusalem. That would be a turn of events not seen in decades, but Israel has also never worked so hard to undermine US goals on foreign policy matters as it has on Iran.

But make no mistake, if the Palestinians get any respite from the Obama administration it will be because of Israel’s meddling through Congress on the Iran issue. It will not be due to any Palestinian action, much less on the insulting attitude of Israeli officials or the personal dislike between the current Israeli leader and the president of the United States. It is, ultimately, all about policy priorities, not personalities.

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The US Must Do Less To Resolve the Israel-Palestine Conflict http://www.ips.org/blog/ips/the-us-must-do-less-to-resolve-the-israel-palestine-conflict/ http://www.ips.org/blog/ips/the-us-must-do-less-to-resolve-the-israel-palestine-conflict/#comments Fri, 24 Oct 2014 10:59:33 +0000 Mitchell Plitnick http://www.lobelog.com/?p=26656 via Lobelog

by Mitchell Plitnick

Former American diplomat Aaron David Miller is a frequent and worthwhile contributor to US foreign policy discussions in both Washington and the news media. His long career in Middle East diplomacy and strong focus on Israel have enabled him to clarify for the general public the many difficulties that exist under the surface of these issues. Unfortunately, as shown by his recent piece in Foreign Policy magazine, he sometimes obscures them as well.

Miller correctly points out that the Israel-Palestine conflict is not the major source of regional instability and that Secretary of State John Kerry was foolish to imply that the lack of progress on this issue had in some way become a contributing factor to the rise of the group that calls itself the Islamic State. But he also elides the enormous amount of responsibility the United States has and continues to hold not only for the Israel-Palestine conflict itself, but also for the difficulty in making any progress on the issue, let alone resolving it.

Miller states it explicitly: “Washington isn’t responsible for the impasse…The primary responsibility for fixing the problem lies with Israelis and Palestinians, and the lack of resolution is a direct result of their lack of leadership and ownership.”

That is unequivocal nonsense. It adds yet another layer to the enduring myths that surround the long-term lack of progress on this conflict. It is not lack of leadership and ownership that is the problem, it is the massive imbalance of power between the two parties that is the single biggest obstacle to a resolution. And that is an area where the United States is a major factor.

The power imbalance leads to a very simple reality: Israel has very little incentive to compromise. It is a regional superpower militarily, it has by far the most stable government in the Middle East, and it’s a member of the Organization for Economic Cooperation and Development (OECD), with a relatively strong economy. Israelis would undoubtedly prefer a cessation to the Palestinian rocket fire that periodically flares up as it did this past summer, and certainly want to stop incidents such as the one on October 22, when a Palestinian drove into a Jerusalem light rail station, killing an infant and wounding seven other people. But these concerns are not nearly enough to sway Israelis into the sort of compromises that would be bare minimums for a deal with the Palestinians.

From Israel’s point of view, the Palestinians’ minimal demands include a free Gaza and West Bank, including the Jordan Valley, a shared Jerusalem and the recognition of Palestinian refugee rights. In each case, there is a huge risk perceived by the Israelis.

Indeed, because most Israelis believe the narrative telling them that when Israel withdrew from Gaza and Southern Lebanon, all it got in return was rocket fire, they see a similar but much graver risk of that repeated outcome in the West Bank. In fact, most Israelis join their prime minister in rejecting the idea of giving up the Jordan Valley, a huge chunk of the occupied West Bank.

Sharing Jerusalem, and particularly the area of the Temple Mount, conjures fears of the years from 1949-67 when Israelis could not visit the holiest site in Judaism. More than that, Israel’s capture of the Old City in 1967 has become a powerful nationalistic symbol—a compromise on this issue strikes at the very heart of Israeli identity, and that arouses passionate responses.

The refugee question, which I explored in depth recently, is also seen by virtually all Israelis as implying the end of the Jewish State, something they desperately want to avoid. Finally, Israelis remain bitterly divided ideologically on many points, and there is a deep fear that making compromises will set off civil disturbances between secular, religious, nationalist and liberal camps within the country. Recent events around the Gaza war, where demonstrators for peace were repeatedly attacked, give credence to this fear.

The point is not to argue about the legitimacy or realism, or absence thereof, behind any of these fears. They are there, and they must be contended with in some fashion. But that involves confronting those fears, which, in turn, implies that Israelis perceive some pressure—be it military, economic or political—that forces them to take risks. The rewards of peace are, at best, uncertain to Israelis who don’t trust Palestinian intentions and perceive rising militancy in the Arab world and therefore an uncertain future no matter what commitments the current Arab regimes may offer. After all, as many contend, these governments may not be around for long.

Due to its position of relative power, the potential incentives for Israel are negative. The Israeli reaction to the Boycott, Divestment and Sanctions (BDS) campaign, which has not yet had any significant economic effect (though it has certainly altered the public discourse), is a testament to how worried Israel is at the prospect of true economic pressure. The Israeli government’s reaction to the EU’s relatively minor moves to adhere to its own laws regarding partnering on projects in the Occupied Territories and labeling products imported from the West Bank is further proof of this trend.

But whenever Europe, which is an even more indispensable trade partner for Israel than the US, has started to move in this direction, the United States has worked hard behind the scenes to change European minds. In a similar, but far more visible and impactful way, the US has used its veto power repeatedly at the UN Security Council to protect Israel from any consequences of its constant violations of international law. And we do this despite Israel’s defiance of stated US policy in the region.

These are the realities that Miller’s viewpoint elides. They have nothing to do with the Islamic State, and Miller is correct to chide Kerry for trying to tie the two together. But this ongoing hand-wringing about how the Israelis and Palestinians can’t be brought together needs to end. Even more, the nonsensical view that this is due to the personal mistrust between Benjamin Netanyahu and Mahmoud Abbas has to be shunted into the dustbin. Roosevelt and Churchill didn’t trust Stalin at Yalta. Gerry Adams and David Trimble in Northern Ireland didn’t trust each other either, and many of us who were paying attention at the time can remember the constant accusations of bad faith they hurled back and forth, which were very similar to what Netanyahu and Abbas say about each other today. Yet there are also other examples of leaders coming together. It is becoming a cliché, but it is nonetheless true that peace is made between enemies, not between friends, and it is also generally made between parties that neither like nor trust each other.

The reason this is even an issue in the Israel-Palestine conflict is because of the imbalance of power. Because Israel is so powerful and because US policymakers—for reasons that have nothing to do with the Palestinians or the occupation—continue to see Israel as an indispensable ally in security, intelligence and business matters, diplomacy has become ineffective. That’s why we keep hearing excuses for the ongoing failure. Miller makes one of the classic excuses. But it all covers up for US fecklessness and for the fact that, despite the pronouncements, peace between Israel and the Palestinians may be official US policy, but it is not a high priority. Kerry, in a credit to his character and his naiveté, tried to buck this, but found that he didn’t have the diplomatic tools he thought he had.

For all of these reasons, the US bears an enormous responsibility for the ongoing and deepening conflict in Israel and the Occupied Territories. And yet, that doesn’t mean the US needs to be doing more to resolve it.

On the contrary, the US needs to do less. The American commitment to Israel’s military superiority is now law, but even without that, the ties between the US and Israeli militaries, intelligence communities and businesses are extremely deep. There is no realistic path to threatening these things.

But that doesn’t mean the United States has to keep acting to thwart European efforts to raise the price of its occupation for Israel. Nor does it mean that the US has to keep running interference for Israel at the Security Council. Most of all, it does not mean the US has to keep insisting on its exclusive role as the mediator of this conflict.

If the United States simply refrains from doing these things, and takes no other action to pressure Israel, the change in the status quo would be enormous. But that would, itself, be a major shift in US policy on the ground. And it is not going to happen as long as we delude ourselves into believing the status quo is not our fault and that we bear no responsibility for changing it.

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Supreme Court To Rule On Explosive Jerusalem Passport Issue http://www.ips.org/blog/ips/supreme-court-to-rule-on-explosive-jerusalem-passport-issue/ http://www.ips.org/blog/ips/supreme-court-to-rule-on-explosive-jerusalem-passport-issue/#comments Tue, 22 Apr 2014 12:57:48 +0000 Mitchell Plitnick http://www.ips.org/blog/ips/supreme-court-to-rule-on-explosive-jerusalem-passport-issue/ via LobeLog

by Mitchell Plitnick

Return trips to the Supreme Court are not unheard of, but they’re not particularly common either. Should we be surprised that a case involving Israel would get a second hearing?

The case in question is Zivotofsky v Kerry. In its former incarnation in 2012, it was Zivotofsky v [...]]]> via LobeLog

by Mitchell Plitnick

Return trips to the Supreme Court are not unheard of, but they’re not particularly common either. Should we be surprised that a case involving Israel would get a second hearing?

The case in question is Zivotofsky v Kerry. In its former incarnation in 2012, it was Zivotofsky v Clinton. The question at hand is whether twelve-year-old Menachem Zivotofsky, who was born in Jerusalem but is a United States citizen, may put “Israel” as the country of his birth on his passport after “Jerusalem”. At present, US citizens born in Jerusalem simply have Jerusalem, and no country listed on their passport. At first blush, this may seem a trivial matter, but writing “Jerusalem, Israel” is problematic, because it implies that Jerusalem belongs to Israel.

This is not a policy specific to Jerusalem. Such a designation implies US support or opposition to a claim of sovereignty. It applies everywhere the US does not want to take a side on a territorial issue.

Even without the special significance Jerusalem holds to the three Abrahamic religions, this is an important prerogative of the president. He is tasked with leading and carrying out foreign policy. But Congress, which holds both the purse strings and the power to declare war, has always tussled with the executive branch over where each of their powers ends in this arena. The fight is especially taxing over Israel, whose supporters in the United States wield huge power in Congress, but considerably less over the executive branch.

So, it comes as no surprise that, in 2002, AIPAC (the American Israel Public Affairs Committee) was able to easily slide through a provision in the State Department’s funding bill that singled out Israel, and specifically Jerusalem, for a special exception. The bill provided that “for purposes of the registration of birth, certification of nationality, or issuance of a passport of a United States citizen born in the city of Jerusalem, the Secretary shall, upon the request of the citizen or the citizen’s legal guardian, record the place of birth as Israel.”

The vote in the Senate on this bill was unanimous and overwhelming (352-73) in the House of Representatives. But President George W. Bush declared, in what is known as a “signing statement,” that the Jerusalem provision reaches into his purview, and he considered it advisory rather than mandatory. His Secretary of State, Colin Powell, agreed, as did Bush’s successor, Barack Obama and both of his Secretaries of State.

The astute reader might have spotted a rather stark bit of hypocrisy here. Obama’s Secretaries of State, Hillary Clinton and John Kerry, agree with his opposition to Jerusalem being designated as part of Israel for the purposes of US passports. But both of them were Senators in 2002, and both dutifully agreed with the unanimous consent with which the State Department funding bill was passed. It is the difference between being an elected official, and therefore subject to the full pressure a powerful lobby can exert, and a presidential appointee.

In 2012, the Supreme Court initially was asked to rule on the Court of Appeals’ judgment that Zivotofsky’s case was a “political question” that must be dealt with between the president and Congress. The Court reversed that decision and said it was appropriate for this to be decided by judges. Shockingly, the majority was 8-1, with only Stephen Breyer voting against this decision, which rather clearly turns reality on its head.

The majority opinion was written by Chief Justice John Roberts. His reasoning was that “The courts are fully capable of determining whether this statute may be given effect, or instead must be struck down in light of authority conferred on the Executive by the Constitution.” But that was not the question at hand. The statute was not being struck down; rather, the president was exercising the authority designated by his predecessor, Bush, objecting to this provision as beyond the scope of Congress’ power. He was therefore treating it as advisory, not striking the law down (which the president has no power to do in any case).

It is hard to see how the more reasonable justices could concur with Roberts’ clearly biased reasoning in this case. The notion that this question is not political is absurd on its face. The US constitution clearly creates a willful tension between Congress and the president in many ways, and this provision was an attempt by Congress to determine United States foreign policy. While the issue of one person’s place of birth on a passport is hardly the stuff that leads to World War III, any official US recognition of Israeli sovereignty over Jerusalem sets a precedent that logically would have to expand. Jerusalem cannot be Israel in US eyes if Israel is not sovereign there, and someone born in Jerusalem could therefore not have been born in Israel, for US recognition purposes. So, this policy would have grave and immediate implications on the ground as well as set a precedent about the relative power of the executive and legislative branches of the government. What could possibly be more political than that?

But such is the situation when Israel is involved. The Supreme Court is, to be sure, wholly immune to the influence of any lobby. But because Israel gets such special attention from Congress and because the very nature of Israel’s occupation of Palestinian lands is so unusual, it presents unusual questions of logic and legal jurisprudence. The waters are even murkier as a result.

A moment ago, I said that the issue of one passport is hardly the stuff that leads to World War III. But Seth Lipsky, the neoconservative editor of the New York Sun, warns that it just might lead there. Lipsky doesn’t bother explaining how that will come about, no doubt intentionally leaving his readers to fill in the blanks with images of crazed Muslims, especially Arabs, launching attacks on the United States over the issue.

But Lipsky does a service with a misleading citation of Justice Sonia Sotomayor, who concurred with Roberts’ opinion in 2012, but with some reservations. Lipsky says “…the World War III question…was first posed by Justice Sonia Sotomayor, who asked point-blank about the possibility that war could result from America listing “Israel” as the country of birth of a person born in Jerusalem.”

Lipsky then proceeds to quote Sotomayor: “Let’s assume that a dozen nations said this designation on the passport is – we view as an act of war; if the United States is going to do this, we’re going to view it as an act of war. Would that then permit the president to ignore Congress…”

It seems Lipsky is well supported, but in fact, Sotomayor was making the opposite point. This exchange was about the State Department’s argument that putting “Israel” as the birthplace of a US citizen might lead to a “misperception” of US policy and Sotomayor was bringing an extreme hypothetical to demonstrate that the lawyer’s argument was about the issue of misperception, not to raise the specter of World War III coming about due to the passport case. She wanted to clarify that the argument being made was that Congress has control of foreign policy, as Justice Antonin Scalia had posited earlier in the proceedings. So, it wasn’t about apocalyptic visions, but rather about what is wise for foreign policy and the US’ own domestic structure.

Lipsky’s willful distortion here tells us much about the supporters of this law, which is just as deceptive in its attempt to allow Congress to dictate policy on Israel and to take constitutional authority away from the president who, whether it is Bush or Obama, will be guided more by strategy than political pressure than Congress is (which, to be sure, isn’t saying much).

Of greatest immediate importance is the potential for this ruling to break the ground of an official and legal US imprimatur on Israeli control of Jerusalem. No, that won’t lead to World War III, and probably won’t lead to war at all. But it will cause an enormous stir throughout the Muslim world, and it will further water down any repairs President Obama has been able to make to the United States’ image in that world after the Bush administration’s crusades in Iraq and Afghanistan.

One can’t be very optimistic. This court has made a lot of bad decisions. Its initial reversal of the Court of Appeals’ correct ruling that this was not a matter for the courts was one. Damaging the United States’ standing even further would be another. Tensions over Jerusalem are escalating right now, with confrontations at the Dome of the Rock getting worse. Adding fuel underneath that pressure cooker is a very bad idea. It is, in fact, precisely for such reasons that the Supreme Court is not supposed to meddle in politics. And, one might add, why a Congress that is beholden to money and other pressures that overwhelm good judgment and common sense, is the least suited to determine foreign policy in the best circumstances.

Dealing with Israel and its powerful domestic lobby is pretty far from the best of circumstances.

Photo: US President Barack Obama greets the Supreme Court Justices prior to delivering his State of the Union speech on Capitol Hill January 25, 2011 in Washington, DC.

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Israelis and Palestinians Moving Apart, Not Closer http://www.ips.org/blog/ips/israelis-and-palestinians-moving-apart-not-closer/ http://www.ips.org/blog/ips/israelis-and-palestinians-moving-apart-not-closer/#comments Wed, 22 Jan 2014 17:54:11 +0000 Mitchell Plitnick http://www.ips.org/blog/ips/israelis-and-palestinians-moving-apart-not-closer/ via LobeLog

by Mitchell Plitnick

It’s a busy week for Secretary of State John Kerry. On Monday, he received Israel’s top two negotiators, Tzipi Livni and Isaac Molho. Then he packed his bags and headed off to the World Economic Forum in Davos, Switzerland. Kerry will have any number of important tasks in Davos, [...]]]> via LobeLog

by Mitchell Plitnick

It’s a busy week for Secretary of State John Kerry. On Monday, he received Israel’s top two negotiators, Tzipi Livni and Isaac Molho. Then he packed his bags and headed off to the World Economic Forum in Davos, Switzerland. Kerry will have any number of important tasks in Davos, but perhaps the highest profile of them will be a sideline meeting with Israeli Prime Minister Benjamin Netanyahu. These meetings, it is said, are meant to “bridge the gaps between Israel and the Palestinians.”

If anyone was holding out hope that these talks were anything more than a sham, those words should end such hopes. The framing of the United States bridging the gap between Israel and the Palestinians belies the reality of Israeli anger and Palestinian disappointment bordering on feelings of betrayal in terms of the US’ relationship with both sides. Let’s just look at where things stand.

President Barack Obama, it was reported last weekend, sees “less than a fifty-fifty chance” that a deal can be struck between Israel and the Palestinians. That’s what he told David Remnick of The New Yorker. It leaves a lot of space, and given Obama’s general subscription to the Realist school of foreign policy, one has to think he believes it to be much, much less than fifty-fifty. Remnick’s interview with Obama was a number of weeks back; it’s fair to believe that events since then have driven Obama’s estimate even farther down.

Last week, Israeli Defense Minister Moshe Ya’alon came out with as brazen an insult as can be recalled by a top Israeli official directed at a major US official, rudely describing Kerry as “obsessive and messianic.” The insult itself, exceptional as it was, was highlighted by the fact that Netanyahu did not rebuke his Defense Minister for insulting Israel’s patron. That sent a strong message about where Israel stands, and it could hardly have been missed within the context of Israel’s having recently raised the bar for even a framework agreement yet again.

That was done in the first week of 2014 when Netanyahu told a meeting of his Likud faction in the Knesset that he would never consent to withdraw from Hebron or Beit El, two settlements with historical religious significance to Jews, but exist well outside the settlement blocs that Israel has long assumed (along with the US) — despite a lack of Palestinian agreement — would remain under Israeli control in a deal. One can simply look at a map and see how even the most naïve and back-bending view of a two-state solution cannot possibly see an Israel in control of Hebron and Beit El allowing for a viable and contiguous Palestinian state.

All of this is added to the already unreasonable Israeli conditions of maintaining occupying forces in the Jordan Valley under a bogus pretext of security as the former head of the Mossad recently confirmed; and on Palestinian recognition of Israel as a Jewish State, something that is simply anathema to Palestinians, unprecedented in international relations and completely unnecessary for Israel. This leaves almost no foundation for Kerry to work with, no matter how dedicated he may be to bridging the two sides.

The Palestinians have raised other issues beyond these as well. Ongoing settlement construction, not only in the settlement blocs but crucially in the very much disputed areas of East Jerusalem, has been a major headache for the Palestinian negotiators. This is increasing pressure on the PA from within the West Bank and shifting a sizeable portion of Palestinian opinion from having lost faith in Abbas and his team to outright hostility toward them. That situation is certainly not about to abate. In response to European censure of Israel’s settlement project, Israeli Foreign Minister Avigdor Lieberman displayed remarkable hubris in summoning five European ambassadors to rebuke them for trying to stand up for international law and basic pragmatism in peacemaking. So Israel is getting only more aggressive about its settlement expansion.

The Palestinians also voiced their displeasure last week at an early outline of Kerry’s proposal, which they said made no mention at all of the right of return for Palestinian refugees or of Jerusalem’s status as the Palestinian capital. They are already preparing plans to return to pressing their case for statehood at the United Nations in the expectation that these talks will fail.

So what can Kerry do? It would seem very little. The Palestinians are under so much internal pressure that they are standing much more firmly than they have in past negotiations. Israel keeps moving the goalposts, despite already having set down conditions that no Palestinian leader could possibly meet. In order to create a bridge, there must be firm ground on either side to start building the two ends, and there seems to be far less common ground between Israel and the Palestinians than at any time since the two sides began negotiating two decades ago. There doesn’t seem to be a lot of ground for Kerry to stand on either.

No doubt, Kerry is hoping that he has some sway now over Netanyahu. The bill in the US Senate to increase sanctions and torpedo the fledgling diplomatic initiative between the P5+1 and Iran has stalled, at least for the moment, despite having gathered an appalling 59 co-sponsors. The preliminary agreement on Iran’s nuclear program has just gone into effect and so far is going well, while the US stood firm against Iran’s participation in the Geneva II peace conference regarding Iran’s ally, Syria. Having held the Iran issue at bay, Kerry may be thinking that his meeting with Netanyahu in Davos will be an opportunity to push Israel on the Palestinian issue and perhaps get Bibi to back off on some of the thorny issues. Kerry may well be hoping that if, for example, Netanyahu relented on Palestinian recognition of Israel as a Jewish state, the US may be able to convince the Palestinians to, for instance, accept a continued Israeli presence in the Jordan Valley.

Kerry may believe Netanyahu is particularly vulnerable right now, as he has heard from a group of 100 Israeli business leaders that he must reach a peace deal with the Palestinians because “the world is running out of patience and the threat of sanctions is rising.” He also heard from key coalition partner, Yair Lapid, head of the Yesh Atid party that he would quit Netanyahu’s government, threatening the governing coalition if the peace process did not get back on track.

But none of this is terribly likely to sway Netanyahu, even though it does represent more pressure to accommodate the peace talks than Bibi is accustomed to. And even if it does, it is highly unlikely that Mahmoud Abbas can afford to compromise on any of the current issues. If he allows a continued Israeli presence after an alleged “end to the occupation,” relents on Jerusalem, allows Israel to hold on to settlements outside the major blocs, or compromises on any of the issues that Netanyahu has brought to the fore in the last year, there is likely to be a major upheaval in the West Bank.

More likely, I think, is that Kerry is playing a carrot and stick game with Israel. He is smacking Bibi down for his arrogance on the peace process and his audacity in once again brazenly trying to play Congress against the Obama administration on Iran. His message in that case would be that if diplomacy with Iran is allowed to proceed apace, Kerry would allow Israel to maintain its intransigence unopposed after the April deadline for the current talks passes.

In either scenario, the Palestinians lose. There is no foundation for an agreement now between the two parties. The hope for a resolution lies not in this process, but in the growing threat of economic action along the lines of that which we’ve seen the Netherlands take recently coupled with renewed activism at the United Nations. Because above all else, it seems clear that Obama and probably Kerry as well understand that not only are the chances of success between Israel and the Palestinians “less than 50-50,” they are in fact about 50 points less.

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Kerry Lands In The Israel-Palestine Blame Game http://www.ips.org/blog/ips/kerry-lands-in-the-israel-palestine-blame-game/ http://www.ips.org/blog/ips/kerry-lands-in-the-israel-palestine-blame-game/#comments Fri, 03 Jan 2014 14:18:38 +0000 Mitchell Plitnick http://www.ips.org/blog/ips/kerry-lands-in-the-israel-palestine-blame-game/ via LobeLog

by Mitchell Plitnick

US Secretary of State John Kerry landed in Israel on Jan. 2, starting 2014 with an attempt to save what is increasingly looking like a doomed round of negotiations between Israel and the Palestinian Authority.

The grim atmosphere was reinforced immediately with Israeli Prime Minister Benjamin Netanyahu’s words [...]]]> via LobeLog

by Mitchell Plitnick

US Secretary of State John Kerry landed in Israel on Jan. 2, starting 2014 with an attempt to save what is increasingly looking like a doomed round of negotiations between Israel and the Palestinian Authority.

The grim atmosphere was reinforced immediately with Israeli Prime Minister Benjamin Netanyahu’s words of welcome to Kerry. Netanyahu spent all of two sentences doing this before he said: “I know that you’re committed to peace, I know that I’m committed to peace, but unfortunately, given the actions and words of Palestinian leaders, there’s growing doubt in Israel that the Palestinians are committed to peace.”

The rest of Netanyahu’s speech was entirely devoted to depicting the imminent failure of peace talks on the PA. One important note he made was that PA President Mahmoud Abbas has not condemned the recent attacks on Israelis, including a bus bomb on Dec. 22, which caused no casualties, but which has raised the alarm level in Israel. It is worth noting that an attack like this one has usually been condemned by the PA, and Netanyahu has seized on the absence of such condemnation to “prove” ill will on the Palestinians’ part.

While that argument may be self-serving, it is still noteworthy. Abbas is dealing with a Palestinian public that has no faith in the current American efforts. What little there ever was has been completely undermined by word that the US agrees that Israel will be allowed to maintain forces in the West Bank even after the so-called “end of the occupation,” and that this is reflected in the proposals Kerry has brought along with him. Particularly because no Israelis were seriously hurt in the bus bombing last month, Abbas’ silence could well reflect his sense that his position in Ramallah is very tenuous, amid growing calls to abandon the current course of action and move toward efforts in the United Nations.

For his part, Kerry strove to keep a thread of optimism alive, saying that Israeli-Palestinian peace was “not mission impossible.” But he closed by pointing to “tough choices in the coming weeks,” likely a message that the United States is reaching the limit of what it can do (or, more likely, what it is capable of doing, given domestic political constraints) and that success or failure of the process is now in the hands of Israelis and Palestinians.

Today, Kerry will be heading to Ramallah to meet with Abbas. The Secretary of State’s message is likely to be similar to the one he delivered in Israel. The smart money is on Abbas playing his own version of the blame game, but he has some options. Netanyahu cleverly postponed announcing yet another wave of new settlements until after Kerry leaves, but the plan is well known enough that Abbas can denounce it today if he so chooses. Or, he can try to take the high road and avoid the blame game, expressing a more hopeful sentiment.

Whichever course Abbas chooses, the apparent fact that the US has decided that an ongoing Israeli military presence in the Jordan Valley (and possibly some other concessions to Israel regarding the pursuit and arrest of alleged terrorists) is not something he can concede. The trap for Abbas is clearly set, and he may not be able to escape it. The only question is whether or not Kerry and President Obama have learned enough from the disastrous results of Bill Clinton’s decision to break his promise and blame the failure of Camp David II 13 years ago solely on Yasir Arafat not to repeat that mistake today with Abbas. The track record of US leaders learning from history, however, is not promising.

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A Dangerous Proposal For Israel-Palestine “Peace” http://www.ips.org/blog/ips/a-dangerous-proposal-for-israel-palestine-peace/ http://www.ips.org/blog/ips/a-dangerous-proposal-for-israel-palestine-peace/#comments Fri, 27 Sep 2013 14:09:13 +0000 Mitchell Plitnick http://www.ips.org/blog/ips/a-dangerous-proposal-for-israel-palestine-peace/ via LobeLog

by Mitchell Plitnick

The tentative outreach from Washington toward Tehran has spurred speculation about a wide variety of connected issues. The desperation with which Israeli Prime Minister Benjamin Netanyahu has responded to Iranian President Hassan Rouhani’s so-called “charm offensive” adds fuel to Israel’s part in those rumors. Certainly, it is clear [...]]]> via LobeLog

by Mitchell Plitnick

The tentative outreach from Washington toward Tehran has spurred speculation about a wide variety of connected issues. The desperation with which Israeli Prime Minister Benjamin Netanyahu has responded to Iranian President Hassan Rouhani’s so-called “charm offensive” adds fuel to Israel’s part in those rumors. Certainly, it is clear that Netanyahu is worried about something.

The Israeli journalist Ben Caspit speculated last week on a U.S. plan to facilitate a (rather favorable for Israel) two-state deal between Israel and the Palestinians, while compensating Israel with the carrot of resolving the Iranian nuclear issue. Caspit’s view was broadly echoed in Ha’aretz by Barak Ravid after Rouhani’s speech at the United Nations.

According to Caspit, U.S. President Barack Obama was pressing Netanyahu to accede to his outline for a settlement of the Israel-Palestine conflict. In exchange for that acquiescence, Obama would, in this scenario, offer Netanyahu his personal pledge that he would prevent Iran from “acquiring nuclear capability.” That phrase is important, but it’s not entirely clear that Caspit, a native Hebrew speaker, included it intentionally. Indeed, “nuclear capability” is very possibly a threshold Iran has already passed, perhaps even a good number of years ago. Caspit may have meant that Obama would roll that ability back (though the fruits of research cannot be reversed, Iran’s uranium stockpiles and its refinement capabilities could, theoretically, be severely diminished or removed). Or he may have meant what he said.

In any case, Caspit posits that the deal Obama wants Israel and the Palestinians to accept is as follows:

  • The permanent agreement will be implemented in phases, and the first phase will have a Palestinian state in a temporary border.
  • The United States will commit to the Palestinian Authority to ensure that the full agreement will be implemented according to an established schedule.
  • The issues of Jerusalem, the refugees and final borders will be postponed to later stages.
  • The Palestinian state will be recognized by the United Nations, with the support of Israel, which will withdraw to the separation fence line.
  • Any settlers wishing to stay in what will be Palestinian territory will be able to, provided they are willing to live under Palestinian rule.
  • Israel will enact a generous “eviction-compensation” law, with international funding, and the settlers living in remote areas will converge to the borders of the separation line.

If this looks to you like the Oslo Accords reborn, you’re right. But it is also true that Israel’s current government will balk even at this, and it is almost certainly the best deal the Palestinians are likely to get as long as Netanyahu is in office. That alone makes it credible that Palestinian President Mahmoud Abbas would agree to such a deal, even though it is highly unlikely to be met with the approval of the overwhelming majority of the Palestinians living in the West Bank.

Caspit reports that many members of Netanyahu’s party and other right-wing politicians and leaders of the settler collective are already mobilizing to thwart this idea. I have no reason to doubt that part of Caspit’s story. He is generally pretty good at getting the inside scoop in Israeli political maneuverings. And, some of my own contacts in Israel have been telling me that the right is very concerned about Netanyahu accepting some U.S. ideas about an agreement.

But Caspit has always seemed to me to be less solid on international matters. The Iran part of his story sounds pretty fishy. If Obama has any hope of lowering the temperature with Iran, something he seems committed to doing, he will have to find a way to live with Iran having enrichment capabilities on its own soil. Iran, as Obama well knows, will not agree to give that up, though they might consent to close monitoring of the process by the International Atomic Energy Agency (IAEA). As far as obtaining a pledge from Obama in this regard, that seems like a rather meager payment for Netanyahu. Congressional hawks have already gotten U.S. commitments to prevent an Iranian nuclear weapon, and should we discover that Iran has resumed a pursuit of such weapons, there would be plenty of time to mount a military operation. The U.S. has already taken these stances. Obama’s pledge would add little, even if Netanyahu is concerned about a repeat of the backing off from an attack on Syria. If similar opposition to an attack on Iran materialized, a pledge would hardly be sufficient to overcome it, and Congress is unlikely in any case to oppose a strike on Iran the way it did the one on Syria.

No, I don’t think Caspit has the Iran part correct. Its purpose in the narrative is to give Obama something that is both carrot for Bibi and stick, but it would be neither. The value of that part is already in Bibi’s pocket.

But Caspit is very likely correct about that which is concerning the Israeli right. Any deal that is more forthcoming to the Palestinians than the one he describes would never pass Israel’s government, and the U.S. Congress would back the Israeli position to the hilt, mooting the already essentially non-existent hope of genuine U.S. pressure on Israel. But this one could win enough of Bibi’s current government so that Labor and perhaps another small party or two would be able to seal the deal. It would be met with Israeli approval, which means it will also be met with sufficient approval in Congress as well.

The Palestinians would very correctly reject such a deal. It clearly promises a renewal of Oslo, allowing Israel to escape any serious pressure for at least several years to come, with plenty of time for political realities, whether between Israel and the Palestinians or simply significant advancement of the already considerable regional turmoil, to give Israel what it needs to further delay the implementation of further phases. The lives of Palestinians in the West Bank would get even worse, as their cantons would “enjoy” the same independence Gaza currently does. We’ve seen how that goes.

If Caspit is correct, the fact that Abbas renewed his commitment to the U.S.-sponsored peace process on Wednesday is a chilling development. It certainly fits well with Caspit’s narrative. A weak and desperate PA acquiescing to such an awful deal makes some sense. Abbas would know as well as Bibi and Obama that this was the best deal he could possibly get in this process and from this Israeli government. The U.S.’ pledge for “increased involvement” is likely a way to push Bibi, who would still be reluctant to take this deal despite its obvious gains for and bias toward Israel, to accept the deal and to ensure that Abbas also knows that this is the best the U.S. is going to offer him.

Now, while I feel pretty certain that Caspit is right that this is what the Israeli right believes is happening, whether it really is coming about is another matter. He is correct in saying that it is unlikely Bibi would agree to a deal that was significantly better than this one, but that doesn’t mean the Palestinians would take it. There can be no doubt that such a deal would never come close to passing a Palestinian referendum, and, while one might think that this would mean Bibi would accept it easily, he still would be very reluctant to sign off on it, as it would cost him a lot of his political support at home and financial support abroad. The fact that such a peace wouldn’t even materialize would also mean he wouldn’t recoup those losses from more centrist quarters.

So, while it is far from certain that Caspit’s scenario is correct, it is also very possible that it is. It is certain that many in the Israeli right believe it. And it is even more certain that if the United States is pushing such a deal, it would be a disaster. A peace proposal accepted by Abbas and Bibi but rejected overwhelmingly by the Palestinians public would lock the current system in for the foreseeable future.

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