With the US Republican Party having lost control of the House of Representatives, expectations are that the White House, under President Donald Trump, will have a difficult time meeting its domestic policy or legislative objectives. American presidents, in such circumstances, often focus their attention on foreign policy, attempting to achieve victories there rather than engaging the hopelessness of victories in domestic policy. In Trump’s case, one foreign policy issue that is closely linked to his retaining support within his electoral base is that of his full backing of Israel. It can be expected, then, that over the next few months Trump will focus on concluding what he calls his ‘deal of the century’, which aims to decisively establish Israel’s control of all Palestinian territory and end the Palestinian struggle.
The promise of an Israeli-Palestinian ‘deal’ featured prominently in Trump’s election campaign two years ago. Even then, it was clear that the deal he sought would guarantee Israel’s needs and would be imposed on Palestinians – whether they liked it or not. After assuming the presidency, Trump lobbied selected Arab leaders while virtually ignoring the Palestinian Authority (PA) or any other Palestinian interlocutor. It is accepted by many that his ‘deal of the century’ has largely been crafted already. Although its contents are yet to be made public, various leaks suggest it recycles Israeli demands that had previously been rejected by the Palestinians, and even by previous US administrations.
Ultimately, Trump’s ‘deal’ will likely enable Israel to continue illegal settlement building on Palestinian land; crush Palestinian ambitions of building a sovereign state with a capital in Jerusalem; subject West Bank Palestinians to continued military rule with a bantustan-type administration that controls none of its borders; ensure that there is no Palestinian-controlled airspace; and there will be no prospect of the realisation of the right of return for Palestinian refugees. Gaza will become a protectorate of Egypt, which will facilitate the Strip’s economic transformation, freeing Israel from the Gaza problem.
With Palestinians not being consulted, the PA has emphasised that it will have nothing to do with such a deal, and has rejected the USA as a mediator between it and Israel. The proposals, which are much worse for Palestinians than the disastrous Oslo Agreementsof the 1990s were, have seemingly, however, been supported by certain Arab leaders.
Since assuming office in January 2017, Trump has repeatedly mentioned his efforts to conclude his deal. He appointed his son-in-law, Jared Kushner, as his special adviser in January 2017, making him the lead person in the ‘deal of the century’ initiative. Kushner and his father-in-law both relate to the resolution of the Israeli occupation as a business arrangement where Israel is the client that needs to be satisfied and Palestinians (and their land) the real estate that has to be disposed of. Kushner, a businessperson like Trump, is part of a family empire that has been funding illegal settlement building in the West Bank. His family contributed $315 000to the Friends of the Israeli Defense Forces (FIDF) between 2011 and 2013, and he served on the FIDF board until he joined the Trump administration. His father is also a close friendof Israeli prime minister Benyamin Netanyahu. Apart from Trump’s nepotistic streak, the other reason he appointed Kushner is because the latter ‘loves Israel’and is intimately connected to Netanyahu. These connections mean that any deal will be heavily influenced by Netanyahu, who will definitely be pleased with the outcomes.
Trump also appointed Jason Greenblatt– a Trump confidante and lawyer – as his special envoyto the Middle East. Kushner and Greenblatt undertook numerous trips to the Middle East, meeting various Arab leaders and Israeli officials, as well as PA president Mahmoud Abbas(in August 2017), but ceased engaging the PA when the PA announced it would boycott US involvementin the process. That announcement followed Trump’s recognition of Jerusalem as Israel’s capital, and the move of the US embassy from Tel Aviv to Jerusalem in May 2018. In their many visits to the region, the pair met, on numerous occasions, with Saudi crown prince Mohammad Bin Salman (MbS), Egyptian president Abdel Fattah el-Sisi and the Jordanian king, Abdullah. MbS has been most involved with Kushner and Greenblatt, and has seemingly promised to give up most of the rights that Palestinians have demanded, and to accept the Trump deal. In April, he toldheads of US-based Jewish groups, ‘Palestinians must accept the conditions that will be set up by this deal or shut up and stop complaining.’ He also attempted to bully the PA into accepting a US role and to accept US conditions. In December 2017, he even summoned Abbas to Riyadhto threaten him into acquiescing to the USA. However, MbS appears to differ on this matter with his father, Salman, who expressed support for the Palestiniansand said Saudi Arabia remained committed to the 2002 Arab Peace Initiative, which proposed a Palestinian state along the 1967 armistice line, with East Jerusalem as its capital. Salman’s statement followed an MbS-Netanyahusecret meeting in Amman, facilitated by the Jordanian king, which signalled a strengthening public relations campaign for the acceptance of Trump’s conditions.
Trump regards Arab leaders’ support for his deal as critical for Israel’s pursuit of legitimacy, and the US goal of countering Iranian influence in the region. Abdullah played a key rolein crafting the deal, trying thereby to safeguard Amman’s interests, particularly its role as the custodian of the holy sitesin Jerusalem. Abdullah is also concerned about the potential implications of the deal’s announcement on Jordan, where a large number of Palestinian refugees reside. Jordan has thus served as a key meeting point for many Kushner-Greenblatt talks, signalling that Amman has been identified as a strategic partner in achieving their desired outcomes. The collaboration of Arab countries such as Egypt,Jordan and Saudi Arabia shows that Israel has made substantial headway in its relations in the region – with the support of the USA. Israel has been growing closer to Arab governments despite the latter’s proclaimed support for Palestinians.
On 15 August, Egypt’s intelligence chief Abbas Kamel arrived in Tel Avivas his attempts to broker a ceasefire deal with Hamas and to implement economic reform in Gaza were under way. Egypt, like Saudi Arabia, has relations with Israel, although it also claims to support the Palestinians. Its involvement seeks to rid Israel of the political nuisance that Gaza has become, especially with the intensifying peaceful Friday return marchesat the Israeli blockade fence.
The PA’s rejection of a US role in negotiations with Israel has not negatively affected the attitude of Arab leaders in Egypt and Jordan. This is despite Abbas’s efforts to forge a united Arab response in rejecting a US role, especially after Trump’s embassy move. With growing Palestinian disillusionment, and the worsening humanitarian conditions in Gaza, Trump’s ‘deal of the century’ is unlikely to be warmly welcomed by Palestinians, especially considering that the deal proposes old conditions that have long been rejected by Palestinians, and new conditions that are unacceptable to Palestinians and in violation of international law.
Contents of the ‘deal’
Although no official announcement has yet been made about the contents of Trump’s proposal, a number of leaks and positions articulated by the US president, Kushner and Greenblatt, suggest the general direction of the proposal and even certain specific provisions. It is no secret that the Trump administration takes its cue on Middle East issues from the Israeli government. The ‘deal of the century’ will therefore represent and uphold Israeli interests over and above everything else. For Palestinians, the demands for a state, an end to illegal settlement building, and the return of all Palestinian refugees will be subjugated to Israeli interests.
When Trump met with Netanyahu in February 2017, in Washington, he said he supported what ‘both parties like’. ‘I’m looking at two-state and one-state,’ he said, ‘I’m very happy with the one that both parties like. I can live with either one.’ What he understood by a two- or one-state solution remained unclear. What isevident is that Trump is determined that there will not be a Palestinian capital in Jerusalem. He sealed this matter, in his mind at least, by the US decision to recognise Jerusalemas Israel’s capital. US recognition, the US and Israel believe, legitimises Israeli ambitions to annex all of Jerusalem and to deny any Palestinian claim to it, a plan set in motion after the 1967 war. Clearly, the ‘deal of the century’ is unlikely to refer to a Palestinian state in the way that Palestinians envision it.
Instead, MbS attempted to persuade Abbas to accept Abu Disas the Palestinian capital in order to smooth the way for Trump’s proposal. A rural village that overlooks the old city of Jerusalem, Abu Dis was touted as the home for the Palestinian Legislative Council in 1995, in the wake of the Oslo Accords. The administration of then-US president Bill Clinton proposed renaming Abu Dis ‘Al-Quds’(the Arabic name for Jerusalem) in order to deceive Palestinians, but it was roundly rejected by Palestinians. With a population of just 12 000, Abu Dis lies in ‘Area C’ of the West Bank, meaning it is fully under Israeli control. Part of the massive illegal settlement of Maale Adumimlies in the Abu Dis district. Palestinians will certainly reject Trump’s proposal for Abu Dis as a Palestinian capital, as they had previously done, knowing that such an acceptance will mean the permanent loss of Jerusalem and access to it, its holy sites and its 300 000 Palestinian residents.
Jerusalem’s status is a major issue of contestation, and if the protests that marked Trump’s Jerusalem decision are any indication, Palestinians will not accept the usurpation of the city by Israel and the USA. It is noteworthy that the Second Intifada was sparked by a large Israeli military entry into the Al-Aqsa mosque; placing the entire old city of Jerusalem under permanent Israeli control could spark another intifada.
Airspace, resources, borders
With Jerusalem promised to Israel by the USA, Trump’s proposal looks to craft a fictitious Palestinian ‘state’ crammed into tiny pieces of West Bank land separated from each other and from Gaza, and having no control over its borders, natural resources or airspace. The Palestinian ‘state’ will also have no sovereignty. The USA and Israel will attempt to convince the world that the bantustan they create is a state, and will attempt to gain entry for that entity to international bodies such as the UN by providing it the trappings of an independent state, much like apartheid South Africa attempted with its bantustans.
The Israeli government currently controls the territorial borders of the Occupied Palestinian Territory, Palestinian water sources and Palestinian airspace. Israel also collects Palestinian taxes on behalf of the PA, supplies electricity to Gaza (until last year when the PA refused to pay for Gaza’s electricity), and continues its military control of the West Bank. The Trumpian ‘state’ will maintain this reality. The Trump-Kushner proposal is being drafted based on the assumption that Palestinians will accept its conditions as long as a sufficiently large financial package incentivises it. Palestinians will almost definitely refuse this, and Palestinian airspace, resources and territorial borders will continue to be controlled by Israel.
Trump’s plan for Gaza consists mainly of an economic initiative, with control of the strip largely being handed over to Egypt. Trump seems to believe that easing Gaza’s economic strain will solve the political headache that the strip represents for Israel. He will thus propose a free-trade zone in El-Arish in the Egyptian Sinai desert bordering Gaza. This plan, its drafters hope, will alleviate the deteriorating humanitarian conditions in Gaza, which were created by an eleven-year land and sea blockade by Israel and Egypt. The plan will propose that five industrial projects be established, which will be funded by the United Arab Emirates (UAE) and other Arab states. This plan resembles Israel’s long-time ambition to move responsibility for Gaza to Egypt.
The economic initiative seems to be based on a proposal by Israeli general Yoav Mordechai, which he had submitted to the Trump team in a White House meeting in March. It includes the construction of air and sea ports, and the establishment of a trade zone and power station. Mordechai’s plans are premised on Egyptian cooperation and supervision of the implementation of the projects. Egyptian president el-Sisi discussed the plan with Kushner and Greenblatt, who encouraged Egyptian intelligence officials to present the proposal to Hamas, the de facto rulers of Gaza. The plan to relegate Gaza to a quasi-Egyptian province is not new, and has been an idea that Israel has pushed since it redeployed its soldiers out of Gaza in August 2005. Israel seeks to cement and formalise Gaza’s separation from the West Bank and, with US encouragement, Egypt is expected to come to the party.
The plan will, undoubtedly, be rejected by Palestinians, especially the political and civil society groups that have been participating in the Friday marches of return at the Gaza-Israel fence. Egypt has thus been working tirelessly to get Hamas on board, as Egypt faces stiff pressure from Trump and the Saudi-supporting Arab states. Hamas has engaged in several talks with Egypt in pursuit of humanitarian relief in Gaza and reconciliation with the Fatah-led Palestinian Authority in Ramallah. The reconciliation project is in tatters because of non-cooperation from Fatah, but the Egyptians are keen to move ahead without the group, especially since most other Palestinian groups have accepted the Egyptian role. If implemented, the plan will alienate Hamas from the PA, which is facing an internal succession battle and declining Palestinian support. This week’s Israeli operation in Gaza, when a Hamas commander and seven other Palestinians were killed, might delay progress of the Egyptian initiative, but it is expected to resume soon with the next stage: negotiations around prisoner exchanges.
Return of refugees
Palestinians have always been very clear about the return of Palestinian refugees who were displaced in 1948 when Israel was created. The issue of refugees has thus been a huge sticking point in previous negotiations, with Israel refusing to recognise the right of return of the refugees, who now number around five million (about 700 000 were originally displaced) on the basis that they would be a ‘demographic threat’ to the ‘Jewish character’ of the Israeli state. The Kushner-Trump deal will certainly protect Israel on this issue. To lay the foundation for this protection, the USA has already cut funding to the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). Kushner said he wanted to expunge the refugee status of the five million Palestinians living in West Bank, Gaza, Jordan, Lebanon, Syria and other countries in the world. This plan has already been set in motion as Trump has started pressuring the Jordanian king, Abdullah, to strip Palestinians living there of their refugee status. This is consistent with Trump’s guarantee to secure and protect Israeli security. The attack against UNRWA is thus part of the US attempt at protecting Israeli interests by ensuring that Palestinian refugees lose their refugee status and can never return to their homes.
Trump hopes to end years of deadlock in talks between Israelis and Palestinians, even though biased US support for Israel has already been demonstrated. Trump, his son-in-law Kushner and the Israelis want an Israeli state with all of Jerusalem as its capital, while maintaining the status quo of Israel building and expanding illegal settlements in Palestinian territories, controlling Palestinian borders, resources and airspace, while subjecting Palestinians to indefinite military control. Under this arrangement, Palestinians will be given limited control over small parts of the West bank, separated from Gaza and Jerusalem. Gaza will be handed over to Egypt with an economic aid package to solve the deteriorating economic conditions created by the Israeli- and Egyptian-imposed land and sea blockade.
Abbas’s PA has refused to engage with the USA on the crafting of this deal, giving Trump, Kushner and Israelis the opportunity to label Palestinians as being opposed to peace, even though any PA involvement would have been unlikely to significantly influence the shape of the final proposal. The ‘deal’ has thus been negotiated without Palestinian input and will certainly not protect any Palestinian interests. Trump and the Israelis hope for international applause when they announce their ‘deal’, despite knowing that Palestinians will reject it. With the proposal having received the support of certain Arab leaders, Palestinians are being set up to lose their land and rights in exchange for crumbs from the Trump and Israeli table. The deal will simply reproduce old proposals which have been rejected multiple times, now packaged under the Trumpian label.
By Phyllis Bennis
US president Donald Trump’s plan to recognise Jerusalem as the capital of Israel, and potentially to move the US embassy from Tel Aviv to Jerusalem, is not going to undermine peace efforts – because there are no peace efforts underway. Protests have already begun, and anger is rising not only among Palestinians but across the Arab and Muslim worlds, among numerous governments including key US allies, and among people across the globe. Understanding what this move represents means viewing it from two different perspectives.
Taken at face value, recognising Jerusalem as Israel’s capital reflects Trump’s need to placate his key Israel-backing donors, particularly the casino mogul Sheldon Adelson, and the Christian Zionist component of his right-wing evangelical base. Pro-Israel partisans in Congress orchestrated a law in 1995 mandating the embassy move, but giving the president a way out – the president could waive the requirement if national security might be at stake. Every president since has taken advantage of that waiver – including Donald Trump six months ago. Congressional Israel-backers could blame the president, the White House could lament that security threats prevented the move...everyone was happy. But Trump’s campaign commitment to move the embassy is more important to more influential supporters than was true of earlier presidents. Plus Trump’s failure to win legislative victories (until the recent potential disaster known as the ‘Republican tax scam’) meant he had more incentive to make good on his Jerusalem promise.
Trump called this move ‘the recognition of reality’. It should be noted that it has been US policy itself – support for Israel, billions of US tax dollars sent to the Israeli military every year, acceptance of Jewish settlements in occupied Arab Jerusalem, protection of Israel in the United Nations – that is largely responsible for that reality. The UN resolution partitioning Palestine into what were supposed to be [thoroughly unfairly apportioned] Jewish and Palestinian Arab states, also recognised a special status for Jerusalem – it was to belong to neither ‘state’, but rather be a corpus separatum, a separate body to remain under international control. Israel claimed West Jerusalem as its capital, and in 1967 when it illegally occupied the eastern half of the city after the Six-Day War, it announced the annexation of Arab Jerusalem and forcibly unified the city as its capital. No country in the world recognised the annexation, and since that time legally binding UN Security Council resolutions continue to reaffirm that East Jerusalem remains occupied Palestinian territory. Trump’s decision stands in direct violation of international law.
But US violations of international law regarding Israel is an old story. Decades of US actions accepting, acknowledging, allowing (even if sometimes rhetorically criticising) the expansion of illegal Jews-only colonial settlements in occupied Arab Jerusalem and across the West Bank set the stage. Decades of rewarding Israeli violations of UN resolutions and international law concerning Jerusalem with billions of dollars in economic and military support set the stage. Vetoing Security Council resolutions condemning illegal Israeli settlement building in Jerusalem set the stage. What’s new this time around is the deliberately provocative, reckless nature of the decision to placate donors whatever the risk – the risk of violent responses across the world, let alone the risk of further violation of Palestinian rights.
What is not at risk is the role of the United States as an honest broker in sponsoring peace talks. Why? Because the US never was an honest broker in Israel–Palestinian talks, it was always, as at least one long-time US negotiator admitted, playing the role of Israel’s lawyer. That hasn't changed either. There are no negotiations underway to be threatened with cancellation.
Sowing chaos and threatening more war across the region
The second perspective has far more to do with the regional situation, and the war-driven, anti-diplomacy foreign policy of the Trump administration. Aside from donor pressure, US recognition of Jerusalem as the capital of Israel and the threat to move the embassy, have to be seen in the context of the effort led by Trump’s son-in-law Jared Kushner to consolidate a powerful anti-Iran coalition across the Middle East with ostensible enemies Israel and Saudi Arabia at its core.
Trump has anointed Kushner his point man on reaching the ‘ultimate deal’ on Israel–Palestine. It’s less about any claimed interest in peace than about the collaborative regional plans being hatched by Kushner and his new BFF, Saudi Crown Prince Mohamed bin Salman, known as MBS. Together the two crown princes, as it were, are trying to bring Israel and Saudi Arabia together in a newly overt alliance against Tehran. To pull off that kind of normalisation of relations between these ostensible enemies and not risk losing power, or worse, requires changing the rhetoric, if not the actual circumstances. Enter the so-called ‘new Israeli–Palestinian talks’. If the ambitious young Saudi prince can convince the majority of the royal family and at least a majority of Saudi citizens that somehow new talks mean the end of the conflict and we can all stop worrying about the Palestinians, then normalisation of relations with Israel suddenly looks more acceptable. Such a partnership portends a serious rise in the threat of war – with not only the United States but Israel and Saudi Arabia, plus Jordan, the UAE, Egypt and more, openly unified against Iran.
Just a week or so before the announcement about Jerusalem, the Trump administration threatened to close the PLO office in Washington unless the Palestinians accepted Washington’s terms for new negotiations. Those US-brokered talks would be based on pro-settlement, human rights-violating conditions that no Palestinian leader could ordinarily accept. If some Palestinian leader – the current head of the Palestinian Authority Mahmoud Abbas, or some other leader if the Saudis force Abbas to quit as they reportedly threatened – accepts a deal legitimising permanent Israeli control of Palestinian land, Saudi Arabia can easily slip into a cosy partnership with their erstwhile enemy.
The timing remains a question. Why would Kushner and his father-in-law make the goal of an Israeli–Saudi alliance against Iran more difficult by such a provocative move regarding Jerusalem? Part of the answer has to do with the primacy of Israel over Saudi Arabia in Kushner’s world – regardless of his recent bromance with MSB. Kushner has been a supporter of illegal Israeli settlements for years; in his role in one of his family’s foundations he helped orchestrate tens of thousands of dollars donated to Israeli settlements. According to Newsweek, ‘The foundation donated at least $38,000 between 2011 and 2013 to a fundraising group building a Jewish seminary in a West Bank settlement known as Beit El. During that period, Kushner’s foundation also donated an additional $20,000 to Jewish and educational institutions in settlements throughout the region.’
Somehow the Trump son-in-law forgot to mention those transactions when he filed financial reports required for his top-level security clearance. But it fits a pattern. In late 2016 Kushner ordered Michael Flynn, then the Trump campaign’s top foreign policy adviser, to persuade Russia to delay the imminent UN Security Council vote criticising Israeli settlements. President Obama had decided to abstain and to allow the resolution to pass; Trump wanted the Russians to delay the vote so the new administration could veto it. But Moscow refused to play along.
If you just listened to the official rhetoric from both governments, something like a Saudi–Israeli alliance appears unthinkable. But it turns out that many ‘unthinkable’ developments in the volatile Middle East are actually quite thinkable – although it usually means there’s a price to be paid. Washington’s recognition of Jerusalem as the capital has been bandied about as a threat for years despite international law. The fundamentalist Saudi government has all but publicly pined for open relations with Israel despite Tel Aviv’s continuing violations of Palestinian rights. National leaders may pay a political price for those moves. But the real price – potentially in destroyed lives, devastated cities and more – will be paid by the people of Iran, who will likely face even more crippling sanctions and a growing threat of war; by the people of Yemen, where the US-backed Saudi war continues to escalate with horrific humanitarian consequences; potentially by Lebanon, where Saudi interference is again on the rise; and as always by the Palestinians, who have paid the price for US support of Israeli occupation and apartheid for more than seventy years, and have just been sold out again.
There are no Israeli-Palestinian peace talks under way that might be threatened by US recognition of Jerusalem. But the move certainly makes peace – or justice – anywhere in the war-torn region far less likely.
Phyllis Bennis directs the New Internationalism Project at the Institute for Policy Studies. Her most recent book is Understanding ISIS and the New Global War on Terror. Other books include Understanding the Palestinian-Israeli Conflict: A Primer, Understanding the U.S.-Iran Crisis: A Primer, Ending the Iraq War: A Primer, and Ending the Us War in Afghanistan: A Primer.
By Ramzy Baroud
On 18 November, just days before the fiftieth anniversary of United Nations Resolution 242, the US State Department took its first step towards severing its ties with the Palestinian Liberation Organization (PLO).
The timing of this decision could not be any more profound.
The first formal contact between the US and the PLO occurred in mid-December, 1988, when US Ambassador to Tunisia, Robert H. Pelletreau Jr., picked up the phone to call the PLO headquarters in Tunis to schedule formal talks.
Palestinian PLO officials were 'elated' by the fact that the US made the first move, as reported by the New York Times.
This assertion, however, is quite misleading. For over a decade prior to that 'first move', PLO's chairman, Yasser Arafat, had to satisfy many US demands in exchange for this low-level political engagement.
The 'talks' in Tunisia were prolonged, before the PLO was ready to make its final concession in secret meetings in Oslo, Norway in 1993.
Eventually, a PLO office was opened in Washington DC. It served little purpose, aside from being an intermittent platform to arrange Washington-sponsored talks between Israeli and PLO officials. For Palestinians living in the US, it was almost invisible until the US announced its decision to possibly shut it down.
The American threat followed a United Nations speech last September by Mahmoud Abbas, the leader of the Palestinian Authority (PA) and Chairman of the PLO. From an Israeli-US perspective, Abbas committed a mortal sin for seeking the jurisdiction of the International Criminal Court (ICC) to take Israel to task regarding its human rights violations in Occupied Palestine.
By doing so, Abbas, not only violated a peculiar US law that forbids the PLO from seeking ICC help, but also an unspoken rule that allowed the US to engage the PLO in 1988, where the US served the rule of the political and legal frame of reference for the so-called ‘peace process.’ The UN took a backseat.
But even that unequal relationship proved too much for the US government, which is moving fully and unconditionally into the Israeli camp. The Trump Administration is now working to rewrite the nature of US involvement in the Middle East, and, especially, in the Israeli-Palestinian conflict.
Unfortunately, Trump’s team has no concrete strategy and no frame of reference, aiming to change 50-years of US foreign policy – unfair to Palestinians and Arabs – but has no alternative plan of its own.
Almost a year ago, Trump made a promise to Israel to be a more trustworthy ally than President Barack Obama, who gave Israel more money than any other US president in history. Obama, however, had violated a golden rule in the US-Israeli relationship: he did not veto a UN resolution that condemned the illegal settlements in the Occupied Palestinian territories.
Israel panicked at that unprecedented event, not because it feared that the UN Security Council would enforce its purportedly binding resolution, but because the US had, for once, refused to shield Israel from international censure.
Even before officially taking over the White House, the Trump team attempted to prevent UNSC Resolution 2334 from passing. It failed but, come January, it took over the Israeli-Palestinian file with a vengeance, threatening to cut off funds to Palestinians, blocking their efforts from expanding their international reach, and declaring its full and unconditional support for the rightwing government of Benjamin Netanyahu.
But there was more to Israeli alarm at Resolution 2334 than mere US betrayal. This Resolution - which asserted that Israeli settlements have no legal validity and constitute a flagrant violation of human rights – was partly predicated on, and clarified and added to, previous UNSC Resolution 242.
This means that 50 years of incessant Israeli attempts to absolve itself from any commitment to international law have failed miserably.
For Palestinians, and the larger Arab context, Resolution 242 marked their defeat in the war of 1967. Unsurprisingly, this Resolution has been cited in various agreements between Israel and the PLO, but only to give these agreements a veneer of international legitimacy.
However, the Oslo Accords of 1993 gave Israel the opportunity to use its leverage to bypass international law altogether: signing a peace agreement without ending its military occupation became the goal.
Against this backdrop, it is no wonder that Netanyahu was quite shocked to witness that a recommitment to Resolution 242 last year at the UNSC did not garner US opposition. Actually, the longstanding Resolution gained more substance and vigor.
The June 1967 war was Israel's greatest military victory, and Resolution 242 enshrined a whole new world order in the Middle East, in which the US and Israel reigned supreme. Although it called for withdrawal of Israeli military from Occupied Palestinian and Arab lands, it also paved the way for normalization between Israel and the Arabs. The Camp David Agreement between Egypt and Israel was a direct outcome of that Resolution.
This is why Resolution 2334 has alarmed Israel, for it invalidated all the physical changes that Israel has made in 50 years of illegal occupation of Palestinian lands.
The Resolution called for "two democratic States, Israel and Palestine, liv(ing) side by side in peace within secure and recognized borders".
Unlike Resolution 242, Resolution 2334 has left no room for clever misinterpretation: it references the pre-June 1967 lines in its annulment of the Israeli occupation and all the illegal settlements Israel has constructed since then.
The Resolution even cites the Fourth Geneva Convention, the UN Charter and the International Court of Justice’s advisory opinion of July 2004, which stated that Israel’s barrier in the West Bank was illegal and should be dismantled.
With international law, once more, taking center stage in a conflict which the US has long designated as if its personal business, Abbas was empowered enough to reach out to the ICC, thus raising the ire of Israel and its allies in the White House.
Even if the PLO’s office is permanently shut down, the decision should not just be seen as punishing Palestinians for seeking ICC support but, ultimately, as the culmination of disastrous US diplomacy, for which the Trump Administration has no clear alternative.
- Ramzy Baroud is a journalist, author and editor of Palestine Chronicle. His forthcoming book is ‘The Last Earth: A Palestinian Story’ (Pluto Press, London). Baroud has a Ph.D. in Palestine Studies from the University of Exeter and is a Non-Resident Scholar at Orfalea Center for Global and International Studies, University of California Santa Barbara. His website is www.ramzybaroud.net.
By Steven Friedman
An assault on democracy has begun in the United States of America and Europe. Its source is not the ‘Islamic fundamentalism’ that is regularly branded a threat to democracy, or right-wing demagogues who use fear of immigrants and radical Islam to foment hate. It comes, rather, from the mainstream of these societies.
Legislatures, courts and university governors in the liberal democracies of the global North are being used to close down the Boycott, Divestment and Sanctions (BDS) campaign, which seeks to use non-violent pressure to alter the behaviour of the Israeli state. The campaign to muzzle BDS is a stark contravention of the self-image of these societies, which routinely claim that love of freedom sets them apart from those who campaign against them. The campaign against BDS has been described as the greatest threat to free speech in the West today. And yet it has been met with silence by mainstream opinion.
The attack on BDS is not an isolated example: for well over a decade, it has been clear that the liberal democracy that these countries are eager to export – sometimes by waging war – does not extend to Palestinians and those who sympathise with them. Academics in these countries who zealously study and support the extension of liberal democracy to all show no interest in whether Palestinians have this right, and some are actively hostile to their exercising it.
Of course, measures to suppress or outlaw BDS are a response to pressure from the Israeli state, which has adopted its own measures to suppress boycott activity. But Israel is not a liberal democracy – it is an ethno-nationalist state. There is no such thing as Israeli nationality in Israeli law: citizens are classified as Jewish or non-Jewish. Western democracies’ embrace of anti-democratic measures to defend the Israeli state is, by contrast, a denial of the values that these states publicly proclaim.
Palestine is thus the scandal of western democracy and the academic theories that sustain it.1 It is an unacknowledged blind spot, which makes all of western democratic deed and thought open to the charge that it is not a doctrine of universal freedom but a means to justify dominance. If ‘universal’ values do not apply to everyone they are simply cultural biases. As long, therefore, as democratic values and rights are off limits to Palestinians, western democracy will be open to the charge that its ‘freedoms’ are a prejudice, a means by which the powerful chain the weak. Palestine is thus the litmus test of western democracy and its advocates, a test that they currently fail. As long as advocates of western democracy exclude one group of people from its rights, its claim to speak for all humanity will lack credibility.
All the actions to suppress BDS use the same fig leaf: anti-Semitism. Because it might not be defensible to justify abridging democracy to protect the Israeli state purely on the grounds that it is a western ally, measures against BDS are usually justified as action against anti-Jewish racism. This endorses a deeply undemocratic and possibly racist notion – that anti-Zionism is anti-Semitism. This rallying cry of the Zionist right is designed to demonise criticism of the Israeli state by labelling it a disguised form of prejudice against Jews. It advances the untenable idea that opposition to a political ideology is also hostility to an ethnic group. No political ideology enjoys the unanimous support of any ethnic group – to say that an entire group endorses the same ideology is to insult it by implying that its members are incapable of independent thought. It is also anti-democratic because it delegitimises difference – it implies that any Jew who is not Zionist is not a Jew.
A second rationale for suppressing BDS, advanced repeatedly on US campuses, is that this is necessary to ensure that campuses are ‘safe places’ – despite the fact that there are no published instances of BDS activists directly threatening anyone with violence, let alone actually using it. This may reflect and seek to manipulate deep Jewish fears as well as a more general fear of Muslims (who might be assumed to behind BDS even though most activists are not Muslim and many are Jewish). A core rationale of Zionism has been the assumption that Jews are always under threat of violence and need their own state to protect themselves. The notion of BDS as violent expresses the Zionist view that opponents of the Israeli state are inherently violent, even if their only weapons are words, and also seeks to manipulate Jewish students into fearing threats to their safety when none exist.
There are two types of action against BDS. The one shows insensitivity to Palestinian rights but is not necessarily anti-democratic, while the other breaches democracy. In the first category are statements of government opposition to BDS, even when backed by law. The most important example is the 2015 US law, the Trade Facilitation and Trade Enforcement Act, which make preventing boycotts of Israel a ‘principal trade negotiating objective’ of the USA. This commits the US government to a political preference but does not require it to act against those who hold the opposing view. The second category does infringe those rights since it actively seeks to suppress people’s voice or their choices or both.
A summary of anti-BDS actions published by the Palestine National BDS Committee confirms that the most repressive anti-BDS measures have been implemented in France where a nineteenth-century law is used to criminalise BDS: more than thirty activists have faced criminal charges for participation in nonviolent BDS advocacy. One was arrested for wearing a BDS T-shirt. Prime Minister Manuel Valls recently said he would discuss with the Ministry of Interior further measures to repress BDS activism.
In the USA, anti-BDS bills or resolutions have been introduced in twenty-one states and in the Congress, while universities have also been seeking ways to curb BDS. Most US measures have stopped short of suppressing BDS, but they curtail democratic rights in other ways. The emphasis is on using public funds to deter BDS activity: the New York State Senate cut 485 million US dollars to senior colleges in the City University of New York system despite a speech by a legislator who said that her (Jewish) husband was a CUNY professor, and ‘he has never brought home to me any concerns about anti-Semitism’. Universities also act against BDS activity as part of a wider clamp down on support for Palestinian rights: Palestine Legal, a US-based group, reports that action against campus BDS activity includes administrative sanctions, censorship, intrusive investigations, restriction of advocacy and criminal prosecutions. American companies are barred from cooperating with ‘state-led’ boycotts of Israel; this violates their right to take decisions and therefore abridges their right to engage freely in economic activity.
The British government has also avoided removing the civil liberties of BDS campaigners. However, its proposed measures violate democratic principle in another way – by barring local councils and other public bodies from supporting BDS. This breaches the democratic principle that an elected government should be entitled to take any decision that it believes represents the will of the voters. Canada has not yet taken action to restrict BDS, but there are well-founded fears that it may do this: officials have threatened criminal prosecution against anyone supporting boycotts against Israel.
Liberal democracy in peril
A relentless, well-funded campaign by the Israeli state to suppress BDS activism has, therefore, attracted willing support in major western countries.
In varying degrees, this has prompted them to violate rights: even a core American value – the right of businesses to manage their property in the way they see fit – is considered dispensable in this rush to support the Israeli state. Rights are not absolute in liberal democracies – they can be abridged when exercising them infringes the rights of others or when the security of the state is said to be threatened. But there is nothing in liberal theory that allows for suppressing free speech and association on behalf of a foreign state when those who oppose the actions of that state do not threaten the state imposing the restriction.
The spurious claim that these actions are aimed at anti-Semitism further undermines the good faith of liberal democracy. While it presents itself as a philosophy of freedom, its critics argue that it is meant to preserve the freedoms of some at the expense of others – liberalism, argues one of its critics, has always distinguished between the ‘civilised’ and the ‘barbarian’. Equating BDS with anti-Semitism and violence neatly fits this negative portrayal of liberalism: it stigmatises a fight for universal human rights, and critics will note that western democracies’ supposed enthusiasm for outlawing anti-Semitism does not extend to anti-black racism or hostility towards Muslims, indigenous people and others who suffer racial bigotry.
The attack on BDS seems to confirm that western democracies are only interested in protecting the rights of some against the supposed onslaught of others and that whether or not you are protected is related to your race, creed and culture. The effect is to demolish the credibility of liberal democracy as a guarantor of the rights of all and to portray it as a view of the world and a system of government that recognises the rights only of those who do not offend the sensibilities of the dominant group for which these rights are really meant.
Palestine is a scandal for liberalism and its version of democracy not only because the reaction to it in the West is born of cultural prejudice, not concern for the rights of all. It is this also because of the depth and the width of the consensus that supports it: it is impossible to see the belief in liberal democracy’s blindness to Palestinian rights as a distortion or only a particular interpretation when it is embraced by virtually the entire liberal spectrum and includes academics and activists whose interest is democracy promotion, extending to every human being the rights and systems of government that are said to be enjoyed by the citizens of Western Europe and North America.
As evidence that the suppression of BDS is of no concern to democracy promoters, we can look at a decade-old example of this double standard in action – the rejection by North America and Western Europe of a 2006 Palestinian election deemed free and fair by observers because the winning party, Hamas, was considered hostile to western (and Israeli) interests: democracy promoters ignored this obvious violation of the Palestinians’ right to choose. It is routine for democracy promotion academics to monitor or analyse democratic progress around the world without allowing at all for the Palestinians’ right to govern themselves or to be free of attacks on their rights – in many of these exercises, Israel is listed as a democratic country, and analysis assumes (by omission) that only Jews are its citizens. Activist academics in the United States who doggedly work to bring Latin American rights abusers to book actively support the Israeli state or never mention it as an abuser. It is an unwritten assumption of democracy promoters that all people are entitled to democratic government and rights as long as they are not Palestinian.
Conclusion: The sense of the scandal
Why is it important that the suppression of BDS – and of Palestinian rights generally – makes liberal democracy appear as a cultural prejudice masquerading as a charter for the rights of all?
Support for the Palestinian cause, and for BDS, is usually associated in the mainstream with Muslims or the political left, the two groups who have been most vocal on this issue. While Muslims and left-wingers have as much right to be heard as anyone else, the effect is to relegate Palestinian rights to the outer margin of society, exempting the Israeli state from the human rights scrutiny that impedes other rights abusers.
If we understand the suppression of Palestinian rights as a scandal of liberal democracy, suppressing BDS or resisting the Palestinians’ right to democracy and freedom is not a refusal to be ordered around by Muslims and leftists – it is a refusal to honour the principles the West itself proclaims and is therefore a threat to the credibility and even perhaps the survival of liberal democracy. The more this point is placed at the forefront of Palestine solidarity campaigns, the more difficult will it be to relegate the Palestinian cause to the margins.
Supporters of the Palestinian fight for recognition are more likely to be heard if they centre their campaigns on the gap between what the western mainstream says and what, in Palestine, it does: this is unlikely to influence governments and the democracy promoters who provide them with an intellectual rationale – but it could make sense to many citizens who, because they are more removed from power may be less inclined to see the values proclaimed by western states as a useful political device rather than a deeply held principle. Portraying the suppression of BDS – and Palestinian rights – as a scandal of liberal democracy frames the Palestinian fight for freedom as a cause to which many in the West can relate rather than one that requires them to leave behind their cultural roots. It turns the language of the campaign into one that citizens of the West understand and so offers a route out of marginalisation.
1 For philosophers, a scandal is a glaring weakness to which thinkers are blind or which they choose to ignore. The term may originate with Immanuel Kant, who found it scandalous that philosophy had not found a rational proof of the existence of the external world. See for example Luigi Caranti Kant and the Scandal of Philosophy: The Kantian critique of Cartesian Scepticism (Toronto, University of Toronto Press, 2007).
* Professor Steven Friedman is the Director of the Centre for the Study of Democracy at Rhodes University and the University of Johannesburg, South Africa.
*This article was originally published on Al Jazeera Centre for Studies website.
By AlJazeera Center for Studies
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