Showing posts with label International law. Show all posts
Showing posts with label International law. Show all posts

Wednesday, 6 July 2016

A Comprehensive Response to Anti-Israel Tourist Activism Talking Points - Part I: Geography, Fences and Security

A breakdown of elements of the fence areas of Israel's security barrier. Source MFA

Betty Purcell, a member of the Irish Human Rights and Equality Commission, is best known for her former role as a current affairs producer at RTE, Ireland’s public service broadcaster. Purcell is a television producer of longstanding, who wrote a book called Inside RTÉ: A Memoir about her thirty-three year career at the Broadcasting institution, which indicated the extent to which she influenced RTE’s political culture.

Purcell trenchantly advocated against the Jewish State in the mainstream media, in the aftermath of a supposed fact-finding tour of Judea and Samaria/West Bank, organised by the Bethlehem branch of the YMCA (Young Men’s Christian Association). Purcell’s staunch anti-Zionist claims, as expressed in an Irish Examiner article, letters, and during an RTE interview, echo most of the normative propagandistic talking points found when anti-Israel tourism activists share their insights with the international media. This article uses Purcell’s commentary as a starting point to closely critique these broad talking points.

Of land and settlements

On November 2nd, 2015, the Irish Examiner published an opinion piece by Betty Purcell, entitled ‘A boycott of Israel can help end the injustice’.

Purcell’s screed begins with a description of the appearance of a field of olive trees, near Bethlehem:
“It should be an idyllic scene. But we are with the farmer who owns the field, and his story is tragic.”
Purcell does not name the farmer and his family, upon which several of her claims are based. The absence of an identifying source for Purcell’s claims soon becomes significant. Of the farmer, it is said:
“Coming down the hill towards him is a massive Israeli settlement (illegal under international law, and condemned by the International Court of Justice in 2004).
It has already led to the confiscation of half of his land.”
Numerous invalid claims have been made in the media about the confiscation of land and property that was supposedly owned by Arab-Palestinians. Purcell does not even deem it necessary to name the area where the farmer lives, but it appears to be near the security barrier, in the environs of Bethlehem. It is difficult to deduce the “massive” Jewish settlement that Purcell references. It might be Efrat, or the neighbourhood of Gilo (less probably), which Purcell may deem a settlement but it is merely a suburb of East Jerusalem. Purcell describes this settlement as almost a living thing, coming after the unfortunate farmer, but these urban centres typically develop inward rather than outward, and do so at a relatively slow pace due to the controversy that such developments garner internationally.

Arab-Palestinian farmers make use of ‘miri’ land. Most of the contested region is made up of two classes of land: miri and ‘mewat’, the latter of which cannot be cultivated because it is barren or rocky. This legal classification was instituted under the Ottoman Empire, and remained in use throughout the British Mandate and Jordanian periods of rule, up to the present. Miri land is non-urban land capable of cultivation for which private individuals can gain rights of use as long as it is farmed. Such rights expire once the relevant piece of land is no longer being cultivated, without good cause, for three or more years. Many anti-Israel activists and NGOs describe such land as private Arab-Palestinian land, if they have or once held such cultivation rights. These organisations describe Judea and Samaria as occupied, a claim that can be contested. Yet even if Israel is an occupier, it must nonetheless abide by the legal framework of the prior sovereign. Regardless, the Israeli State is entitled to take back abandoned miri land, for tendering to other farmers.

Settlements are not illegal under international law. The region has no prior legitimate sovereign since 135 AD. The League of Nations British Mandate was set up to reconstitute a predominantly Jewish nation and Article Six of the Mandatory text enshrined in law the right for close Jewish habitation in this zone, with and without the British authority’s assistance. The United Nations charter enshrined the capacity of prior international frameworks in Article 80, which affirms that the UN cannot alter prior legal arrangements made by international bodies, unless the parties involved agree to alter their status.

Israel’s opponents assert that the presence of such Jewish neighbourhoods is contrary to international law, with respect to Article 49 of the Fourth Geneva Convention. This assertion is dubious because it relates to the mass transfer of peoples into and/or out of a sovereign nation during a time of war. Said Jewish people moved into a region that has not been held by a legitimate sovereign in millennia, and did so over five decades, in a voluntary gradual manner. They did so for religious and cultural reasons, given the zone constitutes the heartland of ancient Israel, from which their ancestors were ethnically cleansed, in both ancient and quite recent times. This activity has not displaced extant local populaces.

The 2004 ruling by the International Court of Justice (ICJ) was merely an “advisory” opinion. The ICJ revealed a substantive bias, by claiming that the security barrier was a political move, rather than an act of necessary security. The assertion is an absurdity, given the death of 900 Israeli citizens, and the wounding of at least 6,000 others, in a matter of a few years. At a fundamental level, however, the ICJ ruling is factually invalid, because it conflates (Point 70) the ‘Class A’ League of Nations status of the Syrian and Iraqi Mandates, with that of the Palestine Mandate, which has no designated status. ‘Class A’ status designated the readiness for a given region to achieve national independence, with the short-term development of parliamentary democracy. By contrast, the authority of the Palestine Mandate is solely vested in the Mandatory power, and a national agency, with the sole purpose of reconstructing “the Jewish National Home”. In effect, the ICJ sought to dispossess the British Mandate – an instrument of international law – of its original intent: to reconstruct a nation, minimally from the Western-side of the Jordan River, including Judea and Samaria/West Bank. Article 25 states only the Eastern-side of the river can be designated for alternate purposes, leading to Jordan’s creation.

The judgement also attempted to re-write prior international agreements. The Armistice Line reflects the location of two armies in 1949, after Jordan’s invasion. Article VI of the Armistice deal affirms the Line must not be a basis for permanent boundaries. Of the fifteen-member panel, there was dissenting opinion by Rosalyn Higgins, Pieter H. Kooijmans, and Justice Thomas Buergenthal. Buergenthal criticised the contention Israel does not have a right of self defense under the United Nations Charter. He asserted that the ICJ rebutted Israel’s claims of security requirements without validation, failed to examine some issues in-depth, and largely ignored the summaries of Israel’s position provided by the United Nations, which suggests that the ICJ was intentionally selective in the material relied upon for its ruling. Notably, the ICJ excludes Israel from permanent membership.

Later in the same article, Purcell demonises the Jewish residents of Judea and Samaria/West Bank:
“We went to Hebron, a Palestinian town of 45,000 people, which has become a ghost town since the “settling” of 500 Israelis there.”
The “ghost town” claim is difficult to reconcile with reality. In 1967, shortly after taking Hebron in a defensive war against Jordan, a small number of Jewish people took up residence against the wishes of Israel’s military. The community remained relatively small, and merely takes up a small portion of the city itself, which has a population that is three and a half times larger than Purcell indicates, presumably to reinforce her “ghost town” narrative. In 1997, as part of the Oslo process, Israel signed a withdrawal deal with Yasser Arafat. Thus, 80% of the city is under Palestinian Authority control. H1 is a largest section of the town which has a solely Arab-Palestinian populace of over 120,000, while H2 has a smaller Arab-Palestinian populace as well as the Jewish populace. Purcell likely refers to H2 which disingenuously ignores H1. She adds:
“Under the guise of “security considerations”, many streets have been emptied of Palestinian families, and in the Old Town, the Palestinian shopkeepers have had their market stalls closed.”
Purcell repeatedly uses scare quotes to dismiss the concerns of the Israeli authorities, with respect to security, terrorism and other forms of violence. Hebron has been a flashpoint for violence for a protracted period of time.
“Meanwhile, the settlements, which Israel has been repeatedly asked to dismantle by the UN, are growing apace. On every piece of high land, initially a few mobile homes appear. This is a settlement outpost.
Then the army moves in to support house-building.
Next nearby houses and farms are cleared for “security reasons”. And then the settlement grows, and is linked by special road to the settlement on the next hill.”
Purcell describes a scenario that is wholly incommensurate with the facts. The Israeli State has repeatedly dismantled settlement outposts, since the government deems their habitation illegal, and destroys the structures they contain. The Israeli Defense Forces (IDF) often clashes with Jewish settlers when dismantling their outposts. The IDF suppresses price-tag incidents and defends anti-Israel activists who attempt to confront settlers, with some organisations, such as Tayush attempting to disrupt economic life. There was particular controversy several years ago when the Israeli authorities destroyed outposts and buildings all over Judea and Samaria/West Bank, where Jewish occupants have individually and repeatedly bought the land that they are claiming.

As noted by the representative of the Israeli Embassy, processes have not been instigated by Israel, to begin the process of recognising new Jewish settlements, since the 1990s era of the Oslo II peace talks. Three settlements were given formal recognition in 2012, to finalise legal processes dating back to the 1980s and 1990s. Formal recognition were held up by the Jewish State but was reversed as a punitive measure, after the Palestinian Authority walked away from initiatory peace talks in Amman.

It can be argued that Israel’s longstanding refusal to recognise all outposts is an unacceptable, and illegal attack on the rights of Jewish residents to live in an elemental part of the mandated territory for the ‘Jewish National Home’, but it does at least demonstrate Israel’s good faith when attempting to come to a land-for-peace solution with the Arab-Palestinian community.

Purcell suggests that the Jewish residential areas of Judea and Samaria/West Bank are growing at an alarming rate but notable anti-Israel sources affirm that actual settlements take up relatively little space, circa 1% of the region. Senior Palestinian Authority negotiator Saeb Erekat also stated that settlements constitute 1.1% of the region.

Purcell goes on to cite settler violence. She claims that the presence of settlers makes peace impossible:
“There are now 700,000 Israeli settlers in the Palestinian West Bank and East Jerusalem.
They become “facts on the ground”, making a two-state solution a practical impossibility."
It is nonsense to suggest the presence of Jewish neighbourhoods and towns in Judea and Samaria/West Bank, represent an impediment to a two-state solution. It is an established fact that the PLO walked out of talks in Camp David, Taba, etc., despite substantive concessions on territory, so this is not the substantive fact holding back a solution. Almost all major Jewish towns in Judea and Samaria/West Bank, are close to the Armistice/Green Line, and it has long been accepted by both parties, within the process, that there would be some degree of land-swapping. Settlement development has not greatly increased since the 1990s so it is entirely feasible to see most remain in a two-state solution that gives a prospective second Arab-Palestinian state much of Judea and Samaria/West Bank, in a sustainable arrangement that will be contiguous even with development of the E1 area.

The “Separation Wall”

Purcell took aim at the security barrier, which she artfully called the “Separation Wall”:
“His freedom of movement is curtailed by roadblocks and the Israeli-built Separation Wall, which snakes across the land, and divides him from his neighbours and friends. Then he smiles the warmest smile.”
When naming the security barrier the “Separation Wall”, Purcell demonstrates a clear propagandistic intent. The term evokes the notion of apartheid and negates the historic circumstance in which the development occurred, namely the Second Intifada, in which the civilian Israeli populace was subjected to approximately four years of terrorism, that largely originated in Judea and Samaria/West Bank. It led to the death of nearly a thousand Israelis, the majority of which were Jewish civilians, along with many thousands of non-fatal casualties.

Purcell’s article introduced a rather extraordinary claim:
“The Wall is built in the West Bank, and when it is completed will annex a further 47% of West Bank territory.”
This claim was challenged by a representative of Dublin’s Israeli Embassy:
“Ms Purcell states that the separation wall, when it is completed, will gobble up 47% of Palestinian territory. This is a lie; the wall is expected to take up about nine per cent of the territory. Ms Purcell does not explain why it was built in the first place: to keep potential terrorists out of Israel.”
However, Purcell stood by the charge in a letter of response:
“…there are varying estimates as to the amount of West Bank land the Separation Wall will seize. The YMCA for instance predicts the incursion will be 47%.”
If there are varying estimates, then why did Purcell choose to go with the most extreme estimate in her article? Purcell’s 47% claim is so absurd that the reader might be forgiven for thinking that she has never seen a map of Judea and Samaria/West Bank! If effectively half of Judea and Samaria/West Bank is to be taken in by the security barrier (or perhaps more since she describes it as a “a further 47%”), then it would have to absorb all or most of the large population centres close to the 1949-67 Armistice (Green) Line: Ramallah, Bethlehem in its entirety, and very likely Hebron and Nablus. Yet from Purcell’s own account, we only hear of the security barrier impacting a region that she describes as being “near Bethlehem”. To the West, the greater Bethlehem area effectively meets East Jerusalem’s neighbourhoods, for example Bethlehem’s Beit Jalla Christian enclave neighbour’s Jerusalem’s Gilo. The security barrier places an obstacle between the two, and with good reason. Beit Jalla was widely used to launch attacks on Gilo - some Jewish residents were also shot in their very homes by sniper fire. It is for this reason parts of the barrier feature a high wall structure, while over 90% uses fencing.

Other egregiously false claims have been made by anti-Israel groups about the security barrier. For example, many anti-Israel activists have claimed that the security barrier completely encircles Bethlehem, thereby turning the town into a prison. However, the barrier merely passes by the Western-most side of the town. The Security Barrier is a widely used anti-Israel propaganda motif, one that is commonly directed at the West’s Christian audiences. This is also a feature of Purcell’s article.

Despite Purcell insisting that the 47% claim is correct, she still finds the 9% assertion a “revelation”:
“Mr O’Flynn’s contention that it will take up 9% of the territory is an interesting revelation.
If the Irish Republic were to move our border posts 9% into the territory of Northern Ireland, we would, at a minimum, gobble up Newry and Derry! This is hardly a way to build neighbourly relations.”
Aside from Purcell’s fanciful assumption that a security barrier taking in 9% of Northern Ireland would necessarily swallow up those two geographically diverse population centres, she presented the security barrier as an ongoing attempt to “annex” a goodly portion of Judea and Samaria/West Bank. Following the dictates of propaganda, anti-Israel activists normatively use the word “wall”, when it is widely known that more than 9/10 of the barrier is fencing. The word is used to evoke a notion of permanence.

Israel’s Ministry of Defense has affirmed that “The sole purpose of the Security Fence, as stated in the Israeli Government decision of July 23rd 2001, is to provide security.” It has been reported that Ariel Sharon had latterly envisaged taking approximately a tenth of the region, to encompass larger Jewish settlements, while withdrawing entirely from the rest of the zone, to allow the formation of an Arab-Palestinian State. However, this plan never evolved. His successor, Ehud Olmert, offered the Palestinian Authority president, Mahmoud Abbas, almost all of the PA’s territorial demands, with mutually agreed land-swaps. Far from keeping to the line demarked by the security barrier, Olmert’s plan designated 6.3% of the territory, which would be exchanged for 5.8% of Israeli territory behind the Green Line. Abbas walked away, although he would later make favourable remarks about the plan.

Moreover, the two-state solutions, being so envisaged as ‘two states for two peoples’, planned that Israel would still possess a portion of Judea and Samaria/West Bank. This is in keeping with UN Security Council Resolution 242, which, as noted by one of its authors, Eugene W. Rostow, was not designed to force Israel back “to the “fragile” and “vulnerable” Armistice Demarcation Lines, but should retire once peace was made to what Resolution 242 called “secure and recognized” boundaries, agreed to by the parties”. It was never a pre-requisite of the substantive peace-processes, involving both parties, that every inch of Judea and Samaria/West Bank would be ceded to a second prospective Arab-Palestinian state. Professor Gerald Adler has noted that to have built the security barrier on the 1949-67 Armistice (Green) Line would have unduly pre-empted Final Status negotiations on a substantive number of issues, as envisaged in the Oslo Accords. Placing the barrier at the old Armistice Line would also negate Israel’s right to a secure border, as per Resolution 242, because much of the Armistice Line follows vulnerable low-lying areas. Policing a barrier on the old Line would thus pose a very substantive long-term risk, and so undermine its very reason d’etre.

After being criticised by the Israeli Embassy for failing to advise that the security barrier was built to stop terrorist attacks, Purcell stuck to her guns, and refused to acknowledge there are any security risks to Israel. It is however a fact that Israel suffered a dramatic escalation in terrorism during the Second Intifada, for which the barrier played a substantive role in bringing to an end, especially with respect to suicide bombing. Israel’s enemies agree. Islamic Jihad’s leader, Ramadan Abdallah Salah, admitted in March 2008 that Israel “built a separation fence in the West Bank. We do not deny that it limits the ability of the resistance [terrorist groups] to arrive deep within [Israeli territory] to carry out suicide bombing attacks, but the resistance has not surrendered…” Similarly, in June 2007, Ikhwan Online reported a statement by Hamas’ Mousa Abu Marzouq: “[carrying out] such attacks is made difficult by the security fence and the gates surrounding West Bank residents”.

The route of the security barrier was originally intended to cover 12% of Judea and Samaria/West Bank, but has been re-routed by the Israeli military in reaction to rulings by the Israeli Supreme Court, in 2004 and 2005. The Court was petitioned by NGOs representing Arab-Palestinian issues. Whilst rejecting the ICJ position that the barrier was illegal, the Supreme Court nonetheless affirmed that security measures must be proportionate to the welfare of the local populace so affected. Consequently, the barrier now covers approximately eight percent of the disputed region.

Could the security barrier be good for progress?

Arab-Palestinian society prospered during the Oslo-era process, but improvements came abruptly to an end with the Second Intifada. It is a fact that the security barrier played a fundamental role in bringing about the end of a phase of unprecedented violence originating from Judea and Samaria/West Bank.

Ultimately, in conflict situations, choices need to be made between greater or lesser evils. Such moral complexity is afforded no space in the simplified propagandistic narratives of the anti-Israel movement.

Whilst the barrier would inconvenience local residents to a varying degree, it also affords these people a far greater degree of safety, particularly in residential areas like Bethlehem, from which many Arab-Palestinians initiated attacks. The land taken for the purposes of the separation barrier is appropriated for military purposes. Of course these actions are very disruptive, but such land remains the property of owners. The owners are compensated for land usage, and for property damage. In truth, better security also facilitates economic progress, particularly with regard to tourism, an industry essential to Bethlehem, which can only flourish in times of peace. Moreover, Israel reduced its road blocks since the Intifada, and granted a greater number of permits for work within Israel. It can thus be argued that the barrier, after a period of intense strife, has had a largely positive impact for Arab-Palestinians. Those who wish to continue with conditions of strife, and especially a programme of Intifada-esque violence, are the most discommoded.

Anti-Israel propagandists like to contend that Israel’s security efforts are actually designed to harm Arab-Palestinian interests. The stance may not be convincing unless presenting a highly-distorted form of reality, in which there is no actual conflict, other than with respect to the supposed wrongful acts of the Jewish State. Purcell’s silence on the trenchant terrorism of the Second Intifada leads to a question: Does she want the waves of terror to return, which not only caused substantive suffering to the Jewish populace within Israel’s old 1949-67 Line, but also extended to Arab casualties within the areas of Judea and Samaria/West Bank she visited, because the barrier causes inconvenience in these regions?

Of roads and apartheid

Purcell attempts to assert that Apartheid motivates Israel’s policy of travel restriction into the State:
“Freedom of movement is seriously compromised for Palestinians. None of the family I stayed with were free to travel to Jerusalem, just 10km down the road. (Given that they were Palestinian Christians, they would have really enjoyed seeing the historic sites of old Jerusalem…)”
Sovereign states have a right to control access onto their territory by non-nationals. There is no inherent right of access into the State for tourists and migrants, and none should be expected particularly in the aftermath of the Second Intifada, which was possible because access was so porous. Arab-Palestinian movement into Israel is curtailed, but otherwise is quite free. Rather ironically, Purcell complains about a supposed annexation of parts of Judea and Samaria/West Bank with the security barrier, and then complains about limited access into Israel external to the barrier, as if Judea and Samaria/West Bank is an inherent part of Israel, where citizenship rights would naturally extend to Arab-Palestinians. The Jewish State has not annexed the region, and in all likelihood will only take a small portion in a future peace deal. Other anti-Israel activists, such as Peter Beinart, make similarly flawed leaps of argument. Purcell continues:
“A friend of our family worked as a labourer in Jerusalem. He left at 3.30 in the morning to get to the checkpoint, leaving himself three hours waiting time.
Sometimes he got through more quickly, but he had to be sure…”
Checkpoints during times of societal and sectarian strife are typically slow due to security risks. The process is no doubt a considerable inconvenience but this person no doubt makes the effort to work in Israel because wages are substantially higher than within Judea and Samaria/West Bank. During the Second Intifada, Israel stopped issuing work permits due to security risks. This decision was changed in the aftermath of that era, but levels of violence has ebbed and flowed since that time, requiring continued vigilance. Ironically, Purcell objects to the very thing that helps limit the risk of terrorist attacks. Israel would likely be compelled to revoke the permits, if the scale of terror were to rise again.

In a letter, Purcell raises another old propaganda stroke: “the issue of Apartheid roads, which allow settlers unique and speedy access to all parts of the West Bank and into Israel”, adding in her article:
“…the settlers have their own roads and distinctive yellow number plates, which allow them to zip quickly into Jerusalem in 15 minutes.
The Palestinians, with their white number plates are restricted to circuitous, road blocked roads, which can be closed off at any time by the military for 'security reasons'."
Purcell rehashes a long-discredited libel that there are separate roads solely for Jews. Although not using the same demographic identifier, which she substitutes with ‘Israeli’ and ‘Palestinian’, the ‘apartheid roads’ claim only makes sense in this context where a given critic is referring to a discriminatory policy directed at Arab people. The dedicated roads are available for all Israeli citizens, which includes Arabs of any religious persuasion. At 20% of Israel’s populace, Arabs constitute one of the nation’s biggest demographic groupings.

Purcell refers to roads between nearby Jewish neighbourhoods and Jerusalem. These roads bypass Arab-Palestinian neighbourhoods because very many terrorist attacks originated in these areas, and attacks often targeted Israeli-registered cars to lethal effect during the successive Intifadas.

Purcell incorrectly declares that these “apartheid roads” allow access to “all parts of the West Bank”. In actual fact much of the road infrastructure in the region forbids access to Israeli-registered cars, due to the danger it would pose to passengers if they ended up in Arab neighbourhoods. Indeed some roadblocks exist to prevent the access of Israeli citizens into the Arab areas of the region. This is a policy based on the preservation of life rather than discrimination. Even today, attacks, quite often perpetuated by Arab-Palestinian children, cause substantive casualties on a daily basis. Rather than a reflection on Israeli-Jewish intolerance, this is a reaction to Arab-Palestinian sectarianism over successive generations.
“The only West Bank Palestinians who have permission to go there [Israel], are people with work permits which allow them access, like South African black people under apartheid, who similarly were allowed permits for work, but not to live in certain parts of the city.”
The claim that Israel echoes Apartheid-era South Africa often relies an argument that Arab-Palestinians live in isolated ‘bantustans’, a type of township to which Black South African people were deported from areas that were designated solely for white habitation. Black people were deemed citizens of these townships. The South African ‘Pass Laws’ required a kind of passport to merely travel outside these zones to their place of work. These ‘passports’ often included remarkably invasive information. Purcell’s parallel is a nonsense, in part because there no meaningful comparison between the two Nations. Secondly, Israel has long-accepted the principle of an independent and contiguous Arab-Palestinian nation in substantive peace negotiations.

If there was truth to the apartheid charge, based on ethno-religious lines, there would be segregation in Israel for the 20% of its Arabs. However, the minority mix freely, worship freely, have no proscription on employment, and vote and stand for election. Arabic is one of Israel’s two official languages. The evidence is plentiful: Israeli Arabs serve on the Supreme Court, command ranks in the army and have political grouping in the State legislature. An Israeli-Arab man is the Nation’s deputy police commissioner. Attempts to blacken Israel ultimately make light of the suffering visited upon the indigenous people of South Africa

Jewish and Arab populaces in Judea and Samaria/West Bank operate under different legal frameworks. This fact is also cited in attempts to justify the apartheid charge. It is invalid however. Efforts to impose internal Israeli law throughout the region would be vigorously opposed by the International Community, in part because it is normative to utilise preceding legal frameworks where there is some form of military occupation. Moreover, the PA rules 97% of the Arab-Palestinian populace, for which it writes and administers law.

It is absurd to denounce Israel for supposedly attempting to annex Judea and Samaria/West Bank, but to then demand the State treat Arab-Palestinians from the region as Israeli nationals. The Arab-Palestinians of the region are not nationals of Israel, and a majority would resist efforts at naturalisation if they were given the option, as previously seen in East Jerusalem, which was annexed in 1980.




Published at the New English ReviewPart Two will be posted at the beginning of next month.

Wednesday, 1 June 2016

He Said-They Said: Mahmoud Abbas October 14th speech, and the Mainstream Media

Palestinian Authority president, Mahmoud Abbas (AP)

Mahmoud Abbas, the Palestinian Authority’s president, delivered an important televised speech to Arab-Palestinian society on October the 14th last year, during the height of a newly resurgent period of violence, which some commentators thought to be the opening salvo of a new Arab-Palestinian intifada or uprising. AFP (Agence-France Presse) described the speech in an article entitled “Abbas says he backs 'peaceful' struggle against Israeli occupation”:
"Palestinian president Mahmud Abbas said Wednesday he favours "peaceful, popular resistance" against Israeli occupation, amid a two-week wave of violence that has killed more than 30 people on both sides.
In a speech broadcast on official Palestinian television, his first since the outbreak of the violence, Abbas spoke of the Palestinian people's 'right to defend ourselves' and 'pursue our national struggle'."
The ‘Abbas favours “peaceful, popular resistance” against Israeli occupation’ sentiment was echoed in other mainstream syndicated news services. Aron Heller, of the Associated Press, wrote:
“In a brief speech Wednesday, Abbas called for a peaceful "national struggle." He also threatened to submit a case to the International Criminal Court against what he called Israel's "extrajudicial killings" of Palestinians.”
That same day RTE’s 9 PM news programme featured a report by Carol Coleman (“Two Palestinians shot dead in latest spate of attacks in Israel”) which presented the speech thusly:
“This evening Palestinian president Mahmoud Abbas held firm, saying that Palestinians would continue to struggle for the project of nation or state-hood. He spoke of the right to self defence but called for non-violent resistance.”
Al Jazeera America stated:
"Addressing Palestinians for the first time since the violence began, Palestinian president Mahmoud Abbas said in a recorded televised speech he supported 'peaceful and popular' struggle against Israel."
The Xinhua News Agency similarly emphasised Abbas’ supposed desire for a meaningful peace, while in an article carrying the headline “Palestinians still extend hand for real peace process: Abbas”, the Indo-Asian News Service (IANS) also described the speech in peaceful terms.

What Abbas really said

The reader would rightly understand such descriptions of the speech as the first seeds of a de-escalation of violence. However, the speech was received very differently in Israel.

Most sectors of Israeli society, including some segments of the more “dovish” left, condemned Abbas’ speech. Indeed, the leader of the liberal secular Yesh Atid party lambasted the speech in the strongest possible terms.

Which perspective on the speech is correct? A full English translation provided by the Jerusalem Post (much of which is reproduced below) amply validates the criticism that emanated from Israel.

In the paragraph below, Abbas does indeed speak of “non-violent popular resistance” but he simultaneously endorses the past violence of the PLO, to which he repeatedly refers:
“We will continue our legitimate national struggle, which is based on our right to defend ourselves and on non-violent popular resistance and political and legal struggle. We will work with needed patience, wisdom and courage to protect our people and our political and national achievements, which we have achieved after decades of hard work and persistence through a long path of martyrs, injured people and prisoners.”
He continues, describing this violence or terrorism as the “price of our freedom” which will soon come:
“It’s true that we paid a big price through the blood of our martyrs, the injured, the tears of our mothers and the pain of our prisoners. However, it’s the price of our freedom, which is around the corner…”
Abbas speaks of tearing up the Oslo Accords, the foundational agreement between the PLO and Israel allowing for Yasser Arafat’s return to Ramallah in 1993 from exile in Tunisia, which facilitates shared security measures (Article II), the transfer of taxes, water resources etc., to the new Palestinian Authority:
“We will together continue with you our national, political and legal struggle. We will not remain hostage to the agreements that are not respected by Israel, and we will continue to join the international organizations and treaties”
Abbas claims that Israel did not respect the Oslo Interim Accord, a view that he has often asserted. However, grave and longstanding breaches by the PLO undermine the notion that the terror group was ever serious about peace. An upsurge in terrorist attacks during the 90s undermined the possibility of final status negotiations. The newly established PA police force did not fulfil their security obligations under Oslo II, the PLO charter was not changed to recognise Israel (Article XXXI, section 9), nor were the undertakings to stop using paramilitary forces (Article XIV, section 3) and incitement to violence (Article XXII) upheld. Abbas also continues to breach the agreement with unilateral moves to achieve statehood without negotiation.

The speech ends with the threat of continued violence and an exhortation of those Arab-Palestinians involved in the violence and terrorist acts:
“Here, I invite you my great people, wherever you are, to, unite and be wary of the occupation schemes designed to abort and terminate our national project. We will never hesitate to defend our people and to protect them this is our right.
A tribute to the martyr’s… greetings to the wounded, greetings to the prisoners.”
In an earlier part of the speech, Abbas describes the conflict in apocalyptic terms, and blames Israel solely for the violence:
“The Israeli aggression against the Palestinian people, land and holy places continues to escalate. The racist barbarism exacerbates the ugliness of the occupation, in a way that threatens peace and stability and the igniting of a religious conflict that would burn everything, not only in the region but perhaps the whole world. […]
We are clearly saying that we will not accept a change in the status quo of al-Aksa Mosque compound, as we will not allow any Israeli schemes aimed at compromising its holiness and Islamic identity to pass. It’s our exclusive right: for the Palestinians and Muslims everywhere in the world.
We are asking for our rights, justice and peace, we do not commit aggression on anyone and we do not accept aggression against our people, our nation and our holy places”
Abbas describes the clashes on the Temple Mount in purely defensive terms. When speaking of self-defence, Abbas is justifying such violence which, paradoxically, is seen in defensive fashion by many of the faithful within the Islamic world. Muslims have claimed that the Jewish people of Israel are attempting to destroy the al-Aqsa Mosque. This trend began in 1929 when the then-Mufti of Jerusalem incited genocide, leading to the mutilation and slaughter of many Jewish civilians, especially in Hebron – the second holiest city within the Jewish faith. Abbas’ audience would not be deaf to the power of his words, which he often reiterated, as for example in an October 8th statement:
"Palestinian leader Mahmoud Abbas says the Palestinians will not be 'dragged' into more violence with Israel, but says his people stand with those 'protecting Al-Aqsa mosque.'
Speaking to business leaders on Thursday in Ramallah Abbas says he is committed to 'peaceful popular resistance,' though he backs rioters who recently barricaded themselves inside Jerusalem’s Al-Aqsa Mosque and clashed with Israeli police on the Temple Mount."
Whilst describing the clashes on the Temple Mount/Haram al Sharif in defensive terms, he nonetheless reiterated in the October 14th speech that Muslims had sole rights over the contested religious site, asserting that “it’s our exclusive right: for the Palestinians and Muslims everywhere in the world.”

Abbas not only repeated the patently false charge that the Israeli State wished to change the status quo of the Temple Mount, a claim originating in the 1920s, which evolved after Israel retook East Jerusalem in the 1967 Six-Day War, an assertion that initiated the Autumn 2015 spate of violence (as well as the Second Intifada), he heightened the political temperature by falsely claiming that Israel was the aggressor of this violence, and that Israel is destroying homes - an action against the financial rewards provided by the Palestinian Authority for encouraging terrorism by providing substantial financial incentives.

Ahmed Manasra’s martyrdom

And yet the baleful quality of such sentiments was nothing new for Abbas – the section of his speech that caused real controversy was the claim that Israel murdered a youth called Ahmed Manasra:
“We will not give up to the logic of brute force, policies of occupation and aggression practiced by the Israeli government and the herd of settlers who are engaged in terrorism against our people, our holy places, our homes, our trees and the execution of our children in cold blood as they did with the child Ahmed Manasra and other children from Jerusalem.”
Ahmed Manasra is a thirteen-year-old Arab-Palestinian, who engaged in an indiscriminate stabbing spree with his fifteen-year-old brother in a Jewish neighbourhood of East Jerusalem called Pisgat Ze'ev, as vividly caught on CCTV footage. Manasrah stabbed a thirteen-year-old Israeli boy multiple times, rendering him clinically dead upon arrival at hospital. Abbas’ claim was easily refuted with the publication of an image of Manasrah recovering in an Israeli hospital after he was injured when struck by a car. Yet Abbas attempted to present the Arab-Palestinian teen who engaged in a particularly savage stabbing attack as a martyr akin to the falsified Mohammad al-Dura case, a hoax that has been used as a widespread source of incitement in the Arab-Islamic world.

A day before Abbas’ television speech, one of Abbas’ spokesmen also claimed Manasrah was executed and compared the youth with al-Dura:
“Presidential Spokesman Nabil Abu Rudeina stated that the execution of child Hassan Manasrah in front of the media, as child Muhammad Al-Dura was executed in the year 2000, is an abominable crime, and the legal, humanitarian and political responsibility for it is on the Israeli government.”
The fabrication seemed to work. Micah Halpern, of the New York Observer, noted the effect caused by this lie:
‘Mr. Abbas used expressions like “Israeli aggression” against the Palestinian people, their holy places and their homes. He spoke of the “executions of children like Ahmed Manasra.” He actually calls terrorists victims and heroes. And the Arabic press backs him up.
Here are two Arabic press news headlines. The first one reads: “Palestinian Child Bleeds to Death While Israeli Police and Civilians Watch, Shouting Insults.” The second reads: “Teen Shot by Israelis Stomped On, Left to Bleed to Death.”’
US news channel MSNBC reinforced Abbas’ account of Ahmed Manasra’s falsified martyrdom whilst Vice News minimised what was a particularly savage stabbing attack, by claiming that it was merely an attempted stabbing. However, controversy over Manasra’s would lead the PA to amend their translation of Abbas’ speech, which was changed to say that Manasra and other children were “shot at in cold blood.”

Words of defence as words of aggression

The very considerable divergence between the international media’s presentation of the October 14th speech, and its interpretation in both Israel and the Arab world, related to basic descriptions of the content of the speech and how Abbas’ claims ought to be understood in view of the ongoing conflict.

Abbas’ speech did not subtly suggest a de-escalation of violence, or express a favouring for non-violent methods. His call to action was starkly framed by images of Israeli aggression and murder, supposedly designed to prevent the basic rights of Arab-Palestinian people to live in their homes, to worship freely, and to achieve political freedom. How could the media justify describing the speech as endorsing non-violent methods to gain statehood? Perhaps because Abbas’ speeches use language that conjures up superficial notions of humanism. To analyse the first of two sentences most indicative peaceful intent:
“We are asking for our rights, justice and peace, we do not commit aggression on anyone and we do not accept aggression against our people, our nation and our holy places”
This sentence uses the noble words “peace” and “justice” but Abbas does not voice any criticism (however feeble) of the then-recent spate of Arab-Palestinian terror attacks against Jewish civilians. Instead Abbas claims that the Arab-Palestinian collective does not “commit aggression,” but rather that Israeli authorities and Jewish people living in Judea and Samaria (AKA the West Bank) are aggressing against them in the renewed violence. By contrast, when a reprisal attack occurred, Israeli Prime Minister Benjamin Netanyahu “strongly condemned the harming of innocent Arabs” and warned those resorting to violence would be brought to justice. The Western ideal of justice, with the iconic image of the scales of balance representing fairness, has no real meaning in Abbas’ world.

Abbas’ notion of “rights” is also problematic because it is politically loaded by decades of conflict-propaganda. The primary longstanding Arab-Palestinian demand is for the so-called “Right of Return”, which is couched in the language of human rights, even though it has no legal basis or moral justification – rather it is an effort to nullify Israel’s existence as a principally Jewish State through demographic means, despite being wholly incompatible with the longstanding "two states for two peoples" approach to the peace process.

The supposedly peaceful stance of sentence two reinforces the difficulties in the first quoted sentence:
“We will continue our legitimate national struggle, which is based on our right to defend ourselves and on non-violent popular resistance and political and legal struggle.”
This sentence talks of “non-violent popular resistance,” which likely refers to the wide-scale riotous violence which is typically described as “protest” by the media. Furthermore, the statement distinguishes between this form of action and the “right to defend ourselves.” Thus, AFP’s claim that Abbas "favours "peaceful, popular resistance" is clearly incorrect. He actually legitimised ongoing sectarian violence, which often targeted Jewish-Israeli civilians, as an inherent right of self-defence.

In a November 16th broadcast on PA television, Abbas explained his intent. He described the attacks as part of a “peaceful uprising” (seemingly because some of the attacks did not use military hardware), and admitted to calling for terror attacks:
“We said to everyone that we want peaceful popular uprising, and that’s what this is. That’s what this is. However, the aggression of firing bullets has come from the Israelis.”
A poll by the Palestinian Center for Policy and Survey Research also found that a majority of Arab-Palestinians believe that Fatah, the ruling party of the Palestinian Authority, supported the terror attacks.

When leaders express such obvious counterfactuals as the claim that the Arab-Palestinian collective “do not commit aggression on anyone,” then their statements must be treated with scepticism and be duly scrutinised. This ought to be deemed a significant ethical issue, particularly during a period of substantive conflict. Where there is a parallel endorsement of ongoing and prior acts of terrorism, it necessarily follows that the use of words like “peace,” “peaceful struggle,” and “defence” can only be legitimately viewed in propagandistic terms.

Lethal results

In keeping with Abbas’ description of Arab-Palestinian violence as defensive, whilst Israel and segments of the regional Jewish populace commit acts of aggression, an incendiary August 1st 2015 speechasserted that “the story of the [Jewish] Temple is… the greatest crime and forgery in history,” and as a means to allow the Jewish People to conquer historic Palestine and “get rid of the al-Aqsa [mosque].” In September Abbas spoke on a PA television channel, heaping blessings on the Murabitin/Murabitat (defenders or guardians of the faith), which the PA and Islamic Movement in Israel hired to harass non-Muslim visitors at the Temple Mount. He added these now-infamous words:
“we bless every drop of blood that has been spilled for Jerusalem, which is clean and pure blood, blood spilled for Allah, Allah willing. Every Martyr (Shahid) will reach Paradise, and everyone wounded will be rewarded by Allah. The Al-Aqsa [Mosque] is ours, the Church of the Holy Sepulchre is ours, and they (the Jews) have no right to defile them with their filthy feet. We will not allow them to, and we will do everything in our power to protect Jerusalem.”
These words were followed all too predictably by an intensified period of violence, with numerous Arab-Palestinian terrorists citing these very reasons for attempting to kill Israeli civilians or security personnel, for example, Muhannad Halabi, a nineteen-year-old university student, who murdered two Israelis and injured a further two, including a two-year-old. He wrote on a Facebook page:
“What is happening to al-Aqsa [mosque] is what is happening to our holy sites, and what is happening to the women of al-Aqsa [the Murabitat] is what is happening to our mothers and women. I don’t believe that our people will succumb to humiliation.”
Halabi decided to kill because he was outraged at the arrest of murabitat for abusing Temple Mount visitors, an act by the Israeli authorities that he characterised as aggressive, and as a “humiliation”. His parents would also praise their “martyred son” for “avenging” those of the Muslim faith on Temple Mount “against the impure enemies.”

Besides constituting one of many examples of the Islamist supremacism so defining this conflict, as forcefully reinforced by the tone of incitement during the period, the terrorist views his act as defensive, which the Arab-Palestinian authorities reinforce in conceptually bizarre ways. Thus, terrorists who attack, injure and/or kill are commonly described as defenceless when they themselves are killed in acts of self-defence, which is used to fuel further violent intent to attack Israeli civilians and/or security personnel.

This peculiar form of reasoning is founded on a century of Arab-Islamic rejectionism, based on the notion that the Jewish people have no right of self-determination in the region, regardless of how small the territory might be that they may possess. For example, the 1964 PLO Charter rejects UN Resolution 181 (Article 17: “The Partitioning of Palestine in 1947 and the establishment of Israel are illegal and false…”). In effect any violent response to Israel is an act of self-defence, while Abbas still refuses to accept the existence of Israel, especially as a Jewish state. This longstanding Arab-Palestinian perspective explains why so many perceive acts of aggression to be acts of defence. Article 15 of the PLO Charter (or ‘Palestinian National Charter’) makes it clear that war, violence and even terrorism against Israel is viewed in purely defensive terms:
“The liberation of Palestine, from an Arab viewpoint, is a national (qawmi) duty and it attempts to repel the Zionist and imperialist aggression against the Arab homeland, and aims at the elimination of Zionism in Palestine. Absolute responsibility for this falls upon the Arab nation––peoples and governments…”
It is quite clear that much of the lexicon of terms utilised by Arab-Palestinian leaders have been highly distorted by conflict-propaganda, and so these terms should be understood differently to that of their commonly understood usage. This fact would not come as a surprise to seasoned journalists familiar with the effects of incitement. However, after the major upsurge in violence, with various Fatah leaders and spokesmen celebrating and endorsing such acts of terror, the regional mainstream media bureaux did not read Abbas’ 14th October speech with any level of scepticism. The PA president is rarely presented as anything other than a moderate politician by the media, a peacemaker who doesn’t have a partner for peace with a supposedly-intransigent Israel.

Over a period of months, the mainstream media would continue to present the surge in Arab-Palestinian violence as a despairing response to failed peace efforts, rather than as a consequence of Islamist supremacism and/or extreme nationalism. Some media experts even believe that religious sectarianism etc. is irrelevant when attempting to explain this violence, contenting themselves by reiterating Arab-Palestinian talking points.

And yet surveys demonstrate that Arab-Palestinian society continues to believe that the al-Aqsa compound is in grave danger, despite the fact that the site has been in Israel’s possession for nearly half a century, and continue to favour the elimination of Israel, which would be replaced by a nation where Jewish people would not share equal rights with Arabs.





Published at the New English Review.

Friday, 6 November 2015

The EU Violates International Law with Respect to Jewish Settlements

Lars Faaborg-Andersen [source http://eeas.europa.eu/ - Yossi Zwecker]

In an interview with the Jerusalem Post, the European Union’s ambassador to Israel, Lars Faaborg-Andersen, expressed support for the move by the economic union to encourage its member states to reject and modify the labelling of items originating in East Jerusalem, Judea and Samaria (AKA the West Bank), and the Golan Heights, as having been produced in Israel. Some of this EU legislation will be obligatory. Faaborg-Andersen stated:
“The EU position is that we do not recognize Israeli authority beyond the Green Line. It is not part of Israel. It is not part of what we understand to be Israel’s international recognized borders”
This view is commensurate with the EU’s systematic and substantive flouting of law in Judea and Samaria and its partial boycott of Jewish organisations operating in these territories.

The EU’s stance is used to carry favour with the Islamic Middle East. The EU/EEC began to support the Arab-Palestinian cause soon after the 1973 OPEC Oil Embargo began, which blackmailed Western states for supposedly supporting Israel. Support for terrorist factions began with the Venice Declaration of 1980, which called for Israel to negotiate with Arafat’s PLO, despite the terror organisation’s public affirmation that they would ‘liquidate’ the Jewish State just days before the Declaration, the PLO’s ongoing terror against Israeli civilians, as well as their role triggering civil war in Lebanon.

The stance adopted by Faaborg-Andersen appears to suggest that the EU expects Israel to accept the new measures without objection, arguing rather absurdly that new labelling will improve the standing of Israeli produce, and be detrimental to the discriminatory anti-Israel boycott movement. However, this new development may cause a substantive and permanent breach in Israeli-European relations, already strained by the EU’s undue interference.



International law

The EU Ambassador’s assertion affirms that the Union is in violation of UN Security Council Resolution 242, which allows Israel to administer the territories of East Jerusalem, Judea and Samaria (the West Bank), the Golan Heights, etc., until peace settlements would come into effect. Eugene V. Rostow, one of the authors of Resolution 242 noted:
“Resolution 242, which as undersecretary of state for political affairs between 1966 and 1969 I helped produce, calls on the parties to make peace and allows Israel to administer the territories it occupied in 1967 until “a just and lasting peace in the Middle East” is achieved. When such a peace is made, Israel is required to withdraw its armed forces “from territories” it occupied during the Six-Day War — not from “the” territories nor from “all” the territories, but from some of the territories, which included the Sinai Desert, the West Bank, the Golan Heights, East Jerusalem, and the Gaza Strip.

Five-and-a-half months of vehement public diplomacy in 1967 made it perfectly clear what the missing definite article in Resolution 242 means. Ingeniously drafted resolutions calling for withdrawals from “all” the territories were defeated in the Security Council and the General Assembly. Speaker after speaker made it explicit that Israel was not to be forced back to the “fragile” and “vulnerable” Armistice Demarcation Lines, but should retire once peace was made to what Resolution 242 called “secure and recognized” boundaries, agreed to by the parties.”
Rostow’s view is clearly echoed by other drafters of the Resolution.

The EU’s stance also needs to be seen in the context of the Armistice line agreements of 1949, between Israel and Jordan, and Israel and Syria, in the aftermath of a ceasefire during Israel’s war of Independence. Jordan and Syria previously occupied the territories currently in dispute.

Article VI of the agreement between Israel and Jordan states:
“The Armistice Demarcation Lines defined in articles V and VI of this Agreement are agreed upon by the Parties without prejudice to future territorial settlements or boundary lines or to claims of either Party relating thereto.”
Similarly, Article V of the Armistice Agreement, between Syria and Israel, states:
“It is emphasized that the following arrangements for the Armistice Demarcation Line between the Israeli and Syrian armed forces and for the Demilitarized Zone are not to be interpreted as having any relation whatsoever to ultimate territorial arrangements affecting the two Parties to this Agreement.”
Thus, all of the boundaries that the EU is pressuring Israel to return to were explicitly rejected as lasting political boundaries by all sides in the conflict. The 1974 armistice agreement between Syria and Israel notes that it does not constitute a peace deal, and that a resolution of the conflict should be made through negotiations.

The British Palestine Mandatory text affirms that the territory of Palestine is for “the establishment of the Jewish national home”. A clause of exception included, gave the British Mandatory authority some flexibility over territories solely east (Article 25) of the Jordan River, which would subsequently become the Arab-Palestinian nation ‘Trans-Jordan’. However, Judea and Samaria is west of the Jordan River (hence the Jordanian name ‘West Bank’), which establishes Israel’s claim, as the Jewish national home, to the territory.

The 1920 San Remo agreement effectively made the right to a Jewish national home in Palestine binding. Territorial borders were not defined but the biblical phrase “from Dan to Beersheba” was applied by British leaders. The identified territory would necessarily include Judea and Samaria (West Bank).

With respect to Resolution 242, the EU is violating international law on two counts: (1) failing to recognise Israel’s authority in said territories, and (2) by attempting to prevent Israel from coming to peace-deals with defensible borders. Consequently, the EU is harming interests in obtaining peaceful relations by undermining Israeli authority, and prejudging the outcome of highly sensitive negotiations. Since several parties conducted belligerent campaigns against Israel in 1967, the Jewish State has a legal right, as per 242, to obtain defensible secure borders, which would necessitate some modification of the 1949-67 armistice lines.

The EU refutes this principle which endangers Israel’s long-term security, and thus the stability of the region as a whole. Resolutions passed by the Security Council are legally binding so in effect become a part of international law.Consequently, the EU’s stance is wholly out of line with international law on the issue. However, the EU’s pretend-balance was again regurgitated during the interview, when Faaborg-Andersen claimed:
“We do not expect the Israeli side to make peace on its own. We understand that it takes two to make peace… what we require is that both parties refrain from taking steps that undermine the peace effort.”
And yet the EU rarely reprimands the Arab-Palestinian factions for the most egregious wrongdoing. Instead, they lay blame on the existence of settlements beyond the 1949-67 Armistice Lines, when they do not in fact contravene international law, and have a negligible impact on the prospect for peace, since they only occupy approximately 1% of Judea and Samaria, while the principle of mutually-agreed land-swaps has been accepted by both the Palestinian Authority and Israel.



The Golan Heights

The EU’s stance on the Golan Heights is particularly bizarre, given the fact that the zone was used by Syrian forces to almost continually harass Israel and its citizens until the 1967 Six Day War, which gave rise to Resolution 242.

Judge Stephen M. Schwebel, a former president of the International Court of Justice, noted that:
“a state acting in lawful exercise of its right of self-defense may seize and occupy foreign territory as long as such seizure and occupation are necessary to its self-defense […] as condition of its withdrawal from such territory, that State may require the institution of security measures reasonably designed to ensure that that territory shall not again be used to mount a threat or use of force against it of such a nature as to justify exercise of self-defense”
Syria is technically still in a state of war with Israel. A peace initiative in the 1990s failed, as well as indirect negotiations in 2008 which ended when Operation Cast Lead began in reaction to intensified missile strikes from Gaza. Further talks are not envisaged. Syria’s closer relations with Iran and Hizbullah make possibility of a deal with Israel very improbable. Yet EU policy endorses handing this territory, so vital to Israel’s security, back to Syria. Today, Syria comprises an illegitimate failed-state, with the prospect of becoming a Sunni-Islamist equivalent with the potential to recommence war with the Jewish State. Yet the EU’s stance remains unchanged with respect to its policy approach.


Supporting a two-state solution?

During the recent rise of violence against Israeli civilians, the EU noted the killing of an Israeli couple but rather than condemn Arab-Palestinian religious incitement as a principle cause, the statement called for restraint from all sides, and a renewed engagement in a peace process:
“in the face of such a crime, restraint and calm are needed on all sides to ensure that the violence witnessed yesterday and in recent months does not aggravate the situation further. On the contrary, the continuing loss of life highlights once more the necessity for a political solution to the Israeli-Palestinian conflict.”
The failure to condemn state-sanctioned incitement, which has led to a huge number of attacks against Israeli civilians, is noteworthy because it violates the PLO’s undertaking under the Interim Oslo Accord known as Oslo II. Systematic and continued incitement is indicative of bad faith but the EU would rather blame settlements, which were to be determined in final status negotiations, whilst simultaneously assisting in the building of illegal Arab-Palestinian enclaves.

Ironically, Federica Mogherini, the EU’s Foreign Policy Chief, asserted that Israel should implement steps on the ground consistent with prior agreements, and to work toward a solution based on the Arab Peace Initiative. The Arab League’s Initiative is a highly problematic ‘take it or leave it’ proposal, which stands in contravention of Resolution 242 by demanding that Israel fully withdraw before a weak non-binding form of Arab State recognition is implemented, with the demographic nullification of the Jewish State by enshrining a ‘right of return’ on those claiming to be descendants of Arab-Palestinian refugees, whilst preventing the voluntary settlement of such Arab people that lived in Arab lands for decades. Joel Singer, a negotiator at the Oslo talks, noted that the Initiative doesn’t call on Arab-Palestinian groups “to stop terrorism”, much less commend any mechanism to prevent its impact.

Despite insistence to the contrary, the EU, whilst advocating for a two-state solution which it accuses Israel of undermining, is in fact acting in contravention of the very principles set down in successive plans for a two-state solution, based on Resolution 242. EU behaviour also delegitimises Israel’s just claim to a secure existence. Should a new labelling policy be enshrined in EU law, it will represent another epoch of a broad long-term strategy, which demonises the Jewish State in an effort toward Arab appeasement.





Also published at Crethi Plethi