The Inevitable Bi-national Regime

By Meron Benvenisti

January 22, 2010

Ha’aretz

[Appeared in Hebrew, translation by Zalman Amit and Daphna Levitt.]

The occupation of the territories in 1967 resulted from military action, but the military element quickly became secondary, while the “civilian” component,-settlements,-became the dominant factor, subjugating the military to its needs and turning the security forces into a militia in the service of the Jewish ethnic group. Eventually, settlements themselves were no longer as meaningful as they once had been.

In the 1970s and 1980s, the very fact of building and populating settlements at any given spot in the territories played a vital role in the creation of political faits accomplis. Those who planted the settlements in the Katif Block in the Gaza strip, or in the heart of Samaria and northern Judea, assumed that the Palestinians would forever remain submissive; otherwise, how could one explain the logic of establishing Jewish islands in the heart of Arab populations? The settlers argued that from the very beginning, Zionism flew in the face of reality. It succeeded, they said, precisely because it ignored reality. Therefore, the demographic and geographic arguments used against the settlers evaporated in the fervor of their fantasies.

Settlements as museum exhibits

Sometime in the late 1980s, the settlements crossed the critical threshold beyond which continued demographic and urban growth were assured. Settler leaders successfully set up a powerful lobby that straddled the Green Line. And thus the legal and physical infrastructure, making the de facto annexation of the territories possible was firmly in place. From that point on, the number of settlements, and even the size of their population, became immaterial because the apparatus of Israeli rule was perfected to such a degree that the distinction between Israel proper and the occupied territories—and between settlements in the West Bank and Gaza Strip and Jewish communities inside Israel—was totally blurred. Similarly, the takeover of land ceased to be chiefly for the purpose of settlement construction and became primarily a means of constricting the movements of the Palestinian populace and of appropriating their physical space.

In the new paradigm the settlements no longer have importance as instruments of spatial control. The separation barrier/wall and its gates, the “sterile roads,” and a myriad of military regulations have taken the place of the settlements as symbols of Zionism.

Nevertheless, most settlements, large and small alike, have continued squandering public resources on a colossal scale while falsely claiming to be “foci of Zionist ideological endeavor” and necessary for security. Forty years after the establishment of the first settlement, “the settlement”—like the kibbutz and the moshav and like the tower-and-stockade colonies of the pre-state era—became just another exhibit in the museum of Zionist antiquities. The age of ideology is over and erecting settlements, as well as dismantling them, has become an outdated pastime with no real impact on political developments, except as a symbol and a mobilizing device for both right and left.

The attempt to mark the settlements—and the settlers—as the major impediment to peace is a convenient alibi, obfuscating the involvement of the entire Israeli body politic in maintaining and expanding the regime of coercion and discrimination in the occupied territories, and benefiting from it.

By the late 1980s, after two decades of occupation, Israeli control of the territories beyond the Green Line has become quasi- permanent, differentiated from sovereign rule only vis-à-vis the Palestinian residents: As far as Israeli citizens and their range of interests are concerned, the annexation of the territories is a fait accompli. Defining the territories as “occupied” is, in fact, an attempt to depict it as a temporary condition that will end “when peace comes,” and is designed to avoid resolving, “in the meantime”, immediate dilemmas. The term is a crutch for those who seek optimistic precedents, allowing them to believe that just as all occupations end, this one will too. This linguistic choice thereby contributes to the blurring and obfuscation of the reality in the territories, thus abetting the continuation of the status quo.

Quasi stable status quo

The continuation of the status quo creates a quasi-stable situation: the Jewish community, a loose framework of cultures and ethnic tribes in constant tension, is held together by enmity to the Palestinian “Other”, and by a determination to rule them. The unity vis-à-vis the outside world enables it to maintain control and to successfully implement a strategy of fragmentation of the Palestinian community.

The “Divide and Rule” strategy is a notorious device of colonial power except that here it is implemented in the 21st century, in an era that perceives imperialist traditions as a disgraceful chapter in the history of the western world. The Palestinian people have been fragmented, over the last three generations, into splinters. They have not merely been crushed by force but also have taken upon themselves split identities and have surrendered to agendas, dictated to them: the Palestinian Authority ostensibly represents the Palestinian people but, actually, represents only the Palestinian splinter that lives in the West Bank and is struggling, through the “peace process”, to get better conditions for merely one quarter of the entire Palestinian nation. The residents of East Jerusalem want only to be left alone and not to be forced (”out of patriotism”) to forego the privileges they enjoy as Israeli residents; in the debate over detaching peripheral Arab neighborhoods, the residents of East Jerusalem support continued annexation to Israel. The Palestinian Israelis (”Israeli Arabs”) are fighting for recognition as a “national minority” and demand equal individual and collective rights within the Israeli polity. They do not tie their struggle to the struggle of their brethren who live on the other side of the separation fence/wall. The Palestinian Israelis are fighting for “Equality” and “Citizen Rights” whereas the Palestinians in the occupied territories are fighting for “Self Determination”. The Hamas activists in the Gaza Strip are not interested in the implications of their rhetoric on the interests of the entire Palestinian nation. And those in the Diaspora continue to carry around the keys to the homes they left in 1948 and to dream about “The Return.”

The process of splitting up into sub-communities has not yet reached its consummation, and the political, economic and security constraints are deepening the entrenchment of the divided identities, which slowly assume separate cultural and even linguistic characteristics. Over the generations the Zionist enterprise, whose development challenged the Palestinian Arab community, and thus helped its unification into a distinct national group, became the dominant force under whose fist the Palestinian community has been shattered.

Process of Palestinian fragmentation

Fragmentation became the major tool of Israeli control, to preserve their rule over Israel/Palestine from the river to the sea. Fragmentation serves them as insurance against the “demographic threat” when, very soon, the Palestinians achieve a numerical majority in the region. The ruling Jewish community will continue, even when it becomes a minority, to force this split on the Palestinians with the usual carrots and sticks, dictating the agenda, presenting threats, imposing collective punishments and bribery. This will preserve and even deepen the lack of coordination, the conflicting interests of the splintered Palestinian communities and insure the dominance of the internally fragmented but externally cohesive Jewish community over the fragmented Palestinians, thus sustaining the status quo.

In the 1960s and 1970s, the policy of fragmentation was aimed at the small minority of “Israeli Arabs.” Now it is being put into practice in the most sophisticated fashion against five million Palestinians, attracting almost no attention. It is not accidental that Israeli propaganda has no interest in stressing the achievements of the fragmentation; On the contrary, Israel aims the bogey of “existential threat” against a monolithic adversary, to rally against “the dark forces of Islamo-fascism.” In this, they are unwittingly assisted by leftist circles and the “Peace Camp” that remain steadfast to the romantic notion about a cohesive Palestinian people, united in its struggle for freedom, They are joined by Palestinian spokesmen who view talk about the success of fragmentation as hostile propaganda. Even those who are informed and knowledgeable are surprised when the extent of the fragmentation process is brought to their attention. Attention is diverted to marginal issues, and various competing organizations are supporting each fragmented group, pursuing different agendas and clamoring for attention, thus exacerbating the fragmentation, and increasing the confusion. The paradox is that serious attempts to deal with separate Palestinian agendas, which purport to challenge the status quo, are actually strengthening it.

The high profile of “international relations” and the diplomatic discourse is the most glaring example. Useless negotiations and lengthy expert discussions on “core issues” are going on decade after decade without any change in the stale arguments and counter arguments, while the reality is transformed and the “peace process” serves as a curtain behind which divide- and –rule is entrenched.

A unique concept of sovereignty

The traditional Zionist stance of denying the very existence of a Palestinian nation cannot serve as a response to the Palestinian demand for self determination in the occupied territories. Still the Israelis seek to limit their conception to a mere quarter of Palestinians, those who live in the West Bank. For them they have invented a unique concept of a “state”: its “sovereignty” will be scattered, lacking any cohesive physical infrastructure, with no direct connection to the outside world, and limited to the height of it residential buildings and the depth of its graves. The airspace and the water resources will remain under Israeli control. Helicopter patrols, the airwaves, the hands on the water pumps and the electrical switches, the registration of residents and the issue of identity cards, as well as passes to enter and leave, will all be controlled (directly or indirectly) by the Israelis. This ridiculous caricature of a Palestinian state, beheaded and with no feet, future, or any chance for development, is presented as the fulfillment of the goal of symmetry and equality embodied in the old slogan, “two states for two peoples.” It is endorsed, even by staunch supporters of “Greater Israel”, and the traditional “peace camp” rejoices in its triumph.

Large segments of the Israeli “Peace Camp”, who staunchly believe in “Partition of the Land” as a meta-political tenet, are gratified; they believe that they won the ideological, historical, debate with the Right. Now they can load the entire Palestinian tragedy on an entity that comprises less than 10% of the area of historic Palestine. Moreover it is supposed to offer a solution to all refugees outside Palestine “who can return to the Palestinian mini-state”, and also provide remedy to the Israeli –Palestinians who can achieve their collective rights in the Palestinian State. Indeed, a cheap and convenient solution; after all, it is seemingly based on the venerable model of the “national conflict” and the classic solution of two states for two peoples.

But how did it come to pass that Ariel Sharon, Ehud Olmert and Binyamin Netanyahu, scions of the “Nationalist Camp” became champions of the” Palestinian Nation-State”? What brought those who believed that there is only one legitimate collective entity–and the Palestinians are merely terrorist gangs—to declare that the conflict is national and therefore the solution is partition between “two nation states”? This was caused by the Palestinians who by launching the al-Aqsa intifada compelled the Israelis to realize that they are irrepressible and cannot be ignored or deported. The intifada forced the Israelis, for the first time in their history, to delineate the geographic limits of their expansion, construct fences and roadblocks and abandon populated areas that could upset the demographic balance. The remaining areas, fragmented and non-viable, can be declared as a Palestinian state.

Erasing from consciousness

This realization came at a steep price for intercommunal relations. The violent events of the intifada brought the Jewish-Israeli public to a crossroads in relation to their neighbors-enemies. For the first time since the tragic encounter began more than a century ago, the Jews turned their backs to the Palestinians, erasing them from their consciousness, imprisoning them behind impenetrable walls. The Jews became willing to congregate in a ghetto and pray that the Mediterranean might dry up or a bridge be built to connect them with Europe. This mentality is manifested in two, recently constructed, architectural monuments whose symbolism transcends their functional value: The gigantic separation barrier/wall and the colossal Ben Gurion air terminal. The former is meant to hide the Palestinians and erase them from Israeli conciseness and the latter serves as an escape gateway.

Ostensibly this is not new: The Jewish public has always alienated and disregarded the Arabs. But it was an intimate disregard, similar to a person’s approach to his own shadow; one can ignore it but never be rid of it. The process of mental disengagement is a continual one, but there is no doubt that the emergence of suicide bombers hastened it. There could not be any intimate regard for a culture that nurtures such a monstrous phenomenon, and the Palestinians were thereby complicit in bringing about the divorce imposed upon them. Racist right-wing circles exploit the situation and turn diffuse emotions into a practical plan for “transfer” (or expulsion) and denial of civil rights; human rights activists beg for resistance to the injustices and meet with indifference; political movements thrive on erasing the Arabs from Israeli awareness; and those who caution that (it is all an illusion, that) millions of human beings cannot be erased, are treated with hostility. The Israeli right shows contempt toward the Arab “rabble” and believe that it is possible to control them by tricks and threats, and the Israeli left plays with theoretical peace plans and refrains from involvement in the daily hardship of the Palestinian population; everybody joins in chanting the slogan: “we are here and they are there”.

Durable status quo

The conclusion that Israel will continue to manage the conflict by fragmenting the Palestinians is realistic. The status quo will endure as long as the forces wishing to preserve it are stronger than those wishing to undermine it, and that is the situation today in Israel/Palestine. After almost half a century, the Israeli governing system known as “the occupation”–which ensures full control over every agent or process that jeopardizes the Jewish community’s total domination and the political and material advantage that it accumulates– has become steadily more sophisticated through random trial and error an unplanned response to some genetic code of a supplanting settler society.
This status quo, which appears to be chaotic and unstable, is much sturdier than the conventional description of the situation as “a temporary military occupation” would indicate. Precisely because it is constitutionally murky and ill defined, its ambiguity supports its durability: it is open to different and conflicting interpretations and seems preferable to apocalyptic scenarios, therefore persuasive.

The volatile status quo survives due to the combination of several factors:

1. Fragmentation of the Palestinian community and incitement of the remaining fragments against each other.

2. Mobilization of the Jewish community into support for the occupation regime, which is perceived as safeguarding its very existence.

3. Funding of the status quo by the “donor countries”.

4. The strategy of the neighboring states which gives priority to bilateral and global interests over Arab ethnic solidarity.

5. Success of the propaganda campaign known as “negotiations with the Palestinians,” which convinces many that the status quo is temporary and thus they can continue to amuse themselves with theoretical alternatives to the “final-status arrangement.”

6. The silencing of all criticism as an expression of hatred and anti-Semitism; and abhorrence of the conclusion that the status quo is durable and will not be easily changed.

Internal changes

One must not surmise that the status quo is frozen; on the contrary, actions taken to perpetuate it bring about long term consequences. Cutting off Gaza is not a temporary but a quasi permanent situation which will affect the future of the Palestinian people. The severance of Gaza from the West Bank creates two separate entities, and Israel can record another victory in the fragmentation process: 1, 5 million Palestinians are on their way to achieve a caricature of a state that encompasses 1. 5% of historic Palestine where 30% of their people reside.

The West Bank canton, whose area is rapidly shrinking due to massive settlement activity, is considered the heart of the Palestinians under occupation. However, it is experiencing rapid political and economic developments that resemble those experienced by Israeli-Palestinians after 1948, with obvious differences due to historical circumstances and population size. It seems that many West Bankers have genuinely grown tired of the violence that led them to disaster [DL1] t , which forces the Israelis to relate to their non-violent struggle and to their community’s accumulation of economic and socio-cultural power.

All these and other changes in the status quo, are significant yet internal, and take place under the umbrella of Israeli control that can speed them up or slow them down, according to its interests. However, without the sanction, or at least the indifference of external powers, the status quo would not endure. Massive financial contributions free Israel from the burden of coping with the enormous cost of maintaining the control over the Palestinians and create a system of corruption and vested interests. The artificial existence of the PA in itself perpetuates the status quo because it supports the illusion that the situation is temporary and the “peace process” will soon end it.

Economic disparity

Usually the emphasis is on the political and civil inequality and the denial of collective rights that the model of partition–or the model of power sharing–is supposed to solve. But the economic inequality, the greater and more dangerous inequity , , which characterizes the current situation, will not be reversed by either alternative. There is a gigantic gap in gross domestic product per capita between Palestinians and Israelis–which is more than 1:10 in the West Bank and 1:20 in the Gaza Strip–as well as an enormous disparity in the use of natural resources (land, water). This gap cannot endure without the force of arms provided so effectively by the Israeli defense establishment, which enforces a draconic control system. Even most of the Israelis who oppose the “occupation” are unwilling to let go of it, since that would impinge on their personal welfare. All the economic, social and spatial systems of governance in the occupied territories are designed to maintain and safeguard Israeli privileges and prosperity on both sides of the “Green Line”, at the expense of millions of captive, impoverished Palestinians.

One must therefore seek a different paradigm to describe the state of affairs more than forty years after Israel/Palestine became one geopolitical unit again, after nineteen years of partition. The term “de facto bi-national regime” is preferable to the occupier/occupied paradigm, because it describes the mutual dependence of both societies, as well as the physical, economic, symbolic and cultural ties that cannot be severed without an intolerable cost. Describing the situation as de facto bi-national does not indicate parity between Israelis and Palestinians–on the contrary, it stresses the total dominance of the Jewish-Israeli nation, which controls a Palestinian nation that is fragmented both territorially and socially. No paradigm of military occupation can reflect the Bantustans created in the occupied territories, which separate a free and flourishing population with a gross domestic product of almost 30 thousand Dollars per capita from a dominated population unable to shape its own future with a GDP of $1,500 per capita. No paradigm of military occupation can explain how half the occupied areas (”area C”) have essentially been annexed, leaving the occupied population with disconnected lands and no viable existence. Only a strategy of annexation and permanent rule can explain the vast settlement enterprise and the enormous investment in housing and infrastructure, estimated at US$100

History of bi-national-partition dilemma

The bi-national versus partition dilemma is not new to either national movement. The Palestinians, who rejected the 1947 UN partition resolution, stated in their National Covenant, that Palestine “is one integral territorial unit”. This principle evolved in the 1970s to the concept of “democratic non-sectarian (or secular) Palestine “. In 1974 PLO political thinking began to grapple with the idea of partition. The formula endorsed was the Phased Plan: “We shall persevere in realizing the rights of the Palestinian People to return, and to self determination in the context of an independent national Palestinian state in any part of Palestinian soil, as an interim objective, with no compromises, recognition, or negotiation”. In 1988 this strategy was changed through negotiations to the present formula of partition along the 1967 armistice lines,. Thus, Palestinian acceptance of the partition option is only two decades old.

Until the mid 1940s, the Zionist officially defined its ultimate national objectives exclusively by the general formula of the transformation of Palestine (Eretz Israel) into an independent entity with an overwhelming Jewish majority. The ultimate objective of all national movements, the creation of a sovereign state, was implied in Zionist self-identification as s national liberation movement. However, the debate on the merits of emphasizing that ultimate objective continued throughout the history of the Zionist movement. The official leadership concentrated on formulating intermediate political objectives and those changed according to political conditions. These objectives (in chronological order) were: a national home, unrestricted immigration and the creation of a Jewish majority, “organic Zionism” (i.e., settlement and an independent Jewish economic sector); power-sharing (”Parity”) with the Arabs (irrespective of size of population); a bi-national state; a federation of Jewish and Arab cantons; partition. Only in the early 1940s the Zionists openly and officially raised the demand for a sovereign Jewish state. The territorial objectives of the Zionist movement were also ambiguous. The agreement to the partition of Palestine (1936, 1947) was accepted by many as merely a phase in the realization of the Zionist aspirations, but also (by some) as a fundamental compromise with the Palestinian national movement.

During the Mandate period the bi-national idea was acceptable to the Zionist establishment, including Haim Weizman and David Ben-Gurion. However, one must remember that the Jews were a minority and the demand for a Jewish state was s impudent; power sharing, and even parity, sounded better. Also, a federation of cantons could have evened out the huge Arab demographic lead. The choice between bi-nationalism and partition was made twice: in 1936 the Peel Commission rejected the Cantonization Plan of the Jewish Agency and chose partition; in 1947 the UN General Assembly voted for partition and rejected the minority plan for a federal state.

Only a marginal group of Jewish intellectuals considered the bi-national state as the only way to avoid endless bloody conflict. They sought to emulate the Swiss model, accentuated the principle of parity but did not elaborate the details. Indeed, there was no need for such elaboration since both the Palestinians and the Zionists rejected the bi-national idea, and most Jews considered it treason. Hashomer Hatzsair movement adopted some elements of the bi-national model, but the establishment of the State in 1948 called off the initiative. The opinion that the realization of Zionism can only be achieved by a sovereign Jewish state triumphed, and those who dare to challenge this precept are considered traitors.

After the 1967 war the Israeli political Right played with the concept of bi-nationalism, in the shape that suited its ideology (the Autonomy Plan). Likud ideology rejected the” transitory” nature of Israeli occupation but its belief in “Greater Israel” clashed with the demographic reality, and liberal circles in Likud (led by Menachem Begin) struggled with the famous dilemma: a Jewish or democratic state? Begin’s answer was based on the (failed) system known to him in Eastern Europe after WW1—non- territorial, cultural and communal autonomy for ethnic minorities under the League of Nations minority treaties. Begin’s Autonomy Plan had been modified in the Camp David (1978) accords and territorial components were added. The Oslo model used many components (with major changes) of Begin’s Autonomy Plan, and the Oslo accords can be viewed as bi-national arrangements, because the territorial and legal powers of the Palestinian Authority are intentionally vague; the external envelope of the international boundaries , the economic system, even the registration of population, remained under Israeli control. Moreover, the complex agreements of Oslo necessitated close cooperation with Israel which, considering the huge power disparity between the PA and Israel, meant that the PA was merely a glorified municipal or provincial authority. So, in the absence of any political process, a de-facto bi-national structure, was willy-nilly, entrenched.

Description, not prescription

It is no longer arguable; the question is not if a binational entity be established but rather what kind of entity will it be. The historical process that began in the aftermath of the 1967 War brought about the gradual abrogation of the partition option, if it ever existed. Hence, bi-nationalism is not a political or ideological program so much as a de facto reality masquerading as a temporary state of affairs. It is a description of the current condition, not a prescription.

Embracing Israel Costs Merkel Clout

By Judy Dempsey

January 20, 2010

New York Times

BERLIN — There are some foreign policy issues that Angela Merkel does not like to talk about. One is Afghanistan. The other is the Israeli-Palestinian conflict. So when she was asked about Israel’s settlement policy and the blockade of Gaza during a joint news conference here Monday with the Israeli prime minister, Benjamin Netanyahu, she minimized the issue. It was time to restart the peace process, she said, moving quickly to another topic.

German leaders find it very difficult to criticize Israel because of the responsibility Germany bears for the Holocaust and their commitment to the existence of the state of Israel. This is true of Mrs. Merkel in particular, who wants to forge a much closer relationship with Israel. The chancellor’s position has made it even more difficult for the European Union to speak with one voice on the Middle East.

But Mrs. Merkel’s policy is inconsistent. When she was first elected chancellor in late 2005, she placed much emphasis on human rights and freedom. She criticized China’s human rights policy and made the highly controversial decision to meet the Dalai Lama, the exiled Tibetan spiritual leader, in the Chancellery in 2007. China warned of dire consequences, such as severing lucrative trade contracts. Aside from the cancellation of a few high-level meetings, little happened.

When Mrs. Merkel met nongovernmental organizations that Vladimir V. Putin had tried to ban, the relationship between Berlin and Moscow became frosty. That was all.

But as far as the Middle East is concerned, Mrs. Merkel has paid scant attention to the miserable living conditions of Palestinians in Gaza as well as Israel’s settlements and detention policies. German legislators and analysts say that of all chancellors of the postwar period, Mrs. Merkel is considered the most pro-Israeli. “The chancellor is particularly close to Israel,” said one conservative legislator, Ruprecht Polenz, who is chairman of the Foreign Affairs Committee of the German Parliament.

So close that Mrs. Merkel was muted in her criticism of Israel’s bombing of the Gaza Strip in late 2008, which killed many civilians. In contrast, when the Iranian authorities used force last year against the opposition, which was claiming that the presidential elections had been rigged, Mrs. Merkel took an admirable stance, becoming one of the few leaders to publicly criticize the regime, even calling for new elections.

Mr. Polenz says that every German chancellor is responsible, rightly, for defending Israel because of the Holocaust. When it comes to Berlin’s relationship with the Middle East, “we are not neutral,” he said. “But that does not mean we cannot speak our minds to our Israeli friends.”

It is different with Mrs. Merkel. As chancellor, she set herself three foreign policy objectives: better relations with the United States, a much closer relationship with Israel and the integration of the European Union. These issues, said Gerd Langguth, a political science professor at Bonn University and Mrs. Merkel’s biographer, “are what Mrs. Merkel inherently believes in.”

Since the global financial meltdown, relations between the chancellery and President Barack Obama have become strained, not least because the United States openly criticized Germany for not doing enough to stem the crisis. As for E.U. integration, which depends on France and Germany cooperating, it has gone nowhere. Mrs. Merkel and the French president, Nicolas Sarkozy, have proposed no new initiatives that would make Europe more coherent and credible as a global player. Mrs. Merkel has also often put German interests before Europe’s.

The only success is Israel. “Mrs. Merkel has an emotional relationship with Israel and the Jewish people,” Mr. Langguth said.

Mrs. Merkel has embarked on her own particular policy toward Israel, pursuing a special relationship even after the Gaza bombings. Against the advice of German diplomats, Mrs. Merkel, who is also leader of the conservative Christian Democratic Union party, which is a staunch defender of Israel, referred to Israel as a “Jewish state” in the government’s coalition agreement with the Free Democrats last October. Israelis were delighted. “It is our policy that other states recognize Israel as a Jewish state,” said Professor Efraim Inbar, director of the Begin-Sadat Center for Strategic Studies at Bar-Ilan University, near Tel Aviv.

No wonder then that the meeting Monday in Berlin was significant. It was the first time the German and Israeli cabinets ever met jointly in Germany. Mrs. Merkel initiated these special consultations, reserved only for a few countries, including France, Poland and Russia, after her 2008 visit to Israel, where she was given the rare honor of addressing the Knesset, the Israeli Parliament.

Muriel Asseburg, a Middle East expert at the German Institute for International and Security Affairs in Berlin, said Mrs. Merkel’s policy toward Israel was linked to the fact that she was raised in Communist East Germany.

“It has much to do with the former East Germany. It did not recognize Israel and did not assume responsibility for the Third Reich, the Second World War and the Holocaust. Merkel has tried to distance herself from that stance and to compensate for that East German past,” Ms. Asseburg said.

So while Mrs. Merkel does say, as she said on Monday, that it is time for Israel and the Palestinians to become re-engaged in a peace process, Ms. Assenburg says Mrs. Merkel “would not publicly take a critical stance of Israel’s policies and the occupation.” Her goal is not to make the peace process a priority in Germany’s relations with Israel. It is to have ever closer relations with Israel, regardless of the conflict.

This runs against the official German position of unequivocal support for the peace process and a two-state solution so as to realize both Israel’s security and Palestinian aspirations. But analysts say that policy is not pursued. “A critical stance with regard to the occupation and settlement policies as well as active German engagement in the peace process should actually follow from Germany’s historical responsibility and not fall under the taboo of the Holocaust,” Ms. Asseburg argued.

It will not happen under Mrs. Merkel. It means that Israel, much criticized by some other E.U. countries, will always have a special ally in Europe, and Europe, for the foreseeable future, will remain unable to wield influence in helping end the Israeli-Palestinian conflict.

Obama’s year-one: low marks for all

By Rami G. Khouri

January 20, 2010

The Daily Star

The first anniversary of Barack Obama’s presidency is a good time to review his performance in the Middle East, and the Middle East’s performance vis-à-vis the United States. The exercise is depressing, but useful, especially when it comes to the Arab-Israeli conflict that remains the central destabilizing factor in the wider region. It is unfair only to measure Obama’s performance, and ignore the Israeli and Arab principal players in this prolonged drama of stalemate and stagnation.

Obama started his term with a flurry of profound gestures and a few, limited moves. He reached out to and sat at the table with Iran, resumed high-level contacts with Syria, appointed George Mitchell as his peacemaking envoy, called for an Israeli settlement freeze, sought Arab gestures of acceptance of Israel, asked Israel to allow humanitarian supplies to flow into Gaza, spoke out on US-Islamic ties in Ankara and Cairo, and, once a week between January and July, hugged every Muslim in site.

These gestures set the tone for a presidency that held out great promise for new activism, ideas and advances in Arab-Israeli diplomacy. Most of them have fizzled out. Clearly, Obama gave urgency to his Arab-Israeli moves, but did not make them a priority. He focused more on issues of greater immediate importance, such as Iraq, Afghanistan, Iran, North Korea, the economy, health care reform and relations with Russia and China. His largely inexperienced team also made some amateurish moves, like equating an Israeli settlement freeze with calls on the Arabs to make gestures of acceptance toward Israel. Washington also appeared not to apply serious diplomatic muscle in the process, beyond public rhetoric.

We still have no idea of how Obama hopes to solve the Arab-Israeli conflict, and the Palestinian-Israeli conflict in particular, because he has not articulated the US view on core issues like refugees, the ultimate status of the settlements, and Jerusalem. He has not indicated how far he is prepared to press the Israelis or Arabs. He may not do any of this in the coming year, when mid-term Congressional elections usually freeze any serious work on Israeli matters in the US, for fear that politicians may lose their seats if the pro-Israel lobby decides to oppose and unseat them.

Obama’s Arab-Israeli policy remains an unhurried work in progress, although this week’s Mideast trip by Mitchell, coming soon after that of the national security adviser, Jim Jones, may signal early steps in what might become Phase Two of Obama’s approach to resolving the Arab-Israeli conflict through a re-launching of direct negotiations.

In the face of this erratic track record by Obama, what have the Arabs and Israelis done in the past year, other than oppose, delay, irritate and obstruct the US president? If Obama gets a B for effort and a D for achievement, Arabs and Israelis probably deserve an F for their collective failure to contribute meaningfully to resolving their own conflict.

The Israelis not only refused to comply with the American demand to freeze settlements, they also pursued several other destructive, predatory or illegal and provocative actions: they expanded some settlements, house demolitions, building permit approvals and land confiscations in the West Bank, Arab East Jerusalem and the Syrian Golan Heights; they continued to steal Arab water above and below ground; they maintained a near-starvation siege on the Gaza Strip and kept killing or jailing Gaza and West Bank Palestinians at will; they continued their over-flights in Lebanon; and, they maintained Apartheid-like controls over Palestinians living in the lands occupied in 1967. All in all, a pretty normal Israeli year.

The Arabs, for their part, have been on diplomatic leave of absence this year, it seems, perhaps still celebrating the Obama victory and anticipating that the young president would save them. I cannot think of a single meaningful or constructive diplomatic move by the Arab world since the Obama election – not on Israel and Palestine, not on terrorism, not on Iran, not on weapons of mass destruction proliferation, not on Iraq, not on Sudan, not on Somalia, not on Yemen, not on Algeria, not on democratization and human rights, and not on Lebanon (well, perhaps we can celebrate that the Syrians and Saudis started talking again).

The total absence of serious Arab diplomacy or initiatives is one of the profound shortcomings of our contemporary Arab political system, in which regimes are largely immobilized on the international scene because of their near total preoccupation with maintaining power at home. It is profoundly sad to see the political passivity of the Arab region and its people – a people that once, long ago, displayed energy, fostered creativity, took initiatives, and engaged the world to make it a better place.

A year after the start of the era of Barack Obama, the Americans still come and go and speak of their dreams for the Middle East, the Israelis still act like criminals, and the Arabs insist on remaining invisible.

Misdiagnosing Israel’s Ills

By Moshe Yaroni

January 15, 2010

From Zeek, a project of the Anglo-Jewish weekly, Forward

While many commentators got stuck on Henry Siegman’s use of the “apartheid” terminology in his recent article in The Nation, the point of the piece is one that needs to be considered critically and thoughtfully: that the only way this conflict is going to be resolved is by an outside power imposing a solution.

Siegman, the former head of the American Jewish Congress who has since moved on into the think tank world and become one of the harshest critics of Israeli and American policy regarding the occupation, is thus going well beyond the usual statement that the two sides “need help in bridging the gaps between them.”

It has long been an article of faith that an imposed solution is impossible. Siegman deems it necessary because the expansion of settlements, the division of the Palestinians territorially and politically, and the political conditions on both sides renders other options unworkable. But is an imposed solution possible either?

Imposing a solution doesn’t mean starting from scratch. The Geneva Initiative, the Beilin-Abu Mazen Agreement, Nusseibeh-Ayalon, the Oslo Accords, the Road Map, the Clinton Parameters—they all more or less describe the same contours of a final agreement. As many have said for years, the form of a two-state solution is there, it simply needs to be implemented. Siegman certainly seems to be intimating that any imposed solution would be along the lines of these earlier agreements and documents.

Such a step, however, would require very strong action by more than one outside force. The United States, the UN, the EU, the Quartet, the Arab League all have various interests and political concerns that would limit any one of them in an attempt to impose a solution. In fact, it would probably require most of the Western world as well as the Arab world to unite behind the imposed solution.

Perhaps the greatest obstacle would be a less tangible one: for the Western world to impose a new political regime upon a country that, however displeased it is with them is considered one of their own would be unprecedented. Israel remains a democracy, including for its Arab citizens (the discrimination against them, though serious, does not make Israel significantly different from many Western countries). The extent to which it rules masses of people who do not have equal rights before the law is the result of the occupation.

Because it is well integrated into the Western global economy and because it is by no means a dictatorship, political momentum for an imposed solution would only come if Israel becomes a global pariah. Sadly, Israel is on its way to that status due to the increasing perception that it is intransigent in negotiations and because of the increasingly harsh measures it is using in its conflict with the Palestinians, though it remains very far from being perceived so badly that Western governments would impose a new political regime on a fellow democracy.

Operation Cast Lead damaged Israel’s global standing much more than they’d care to admit. Moreover, repeated statements from top Israeli leaders about accelerated building in the West Bank after the period of settlement freeze, as well as the numerous “exceptions” that have been made during the freeze convince people that this was no more than a political gesture toward the Obama Administration and not a genuine Israeli attempt to move a peace process forward.

This all increases the potential for Siegman’s imposed solution. But while the political will for such a thing remains microscopic, there remains time for Israelis and Palestinians to find new political leaders, and maybe in some ways new political structures, that can enable the two peoples to make the tough decisions to resolve this conflict.

The method of imposing a solution would no doubt be economic. An imposed solution along the established lines would be welcomed by most Palestinians, and PA and Arab League pressure would deal with the rejectionists. Western pressure would mostly then be on Israel.

Israel should make no mistake about this: there is a significant number of Europeans who would back economic pressures and that number is increasing. Among Americans, such ideas remain outside the discourse, but it is starting to appear on the radar even here.

All of this is precisely why so many people, from a wide variety of points of view, believe the two-state solution is either dead or dying. For Siegman, he believes it is no longer possible for an Israeli government to remove the West Bank settlements, and therefore the only way two states can be achieved is by an outside party forcing the issue.

Siegman is actually more hopeful, then, than others who have declared the two-state solution dead, if only because he believes that settlements can be removed. I would go further and state that settlements can be removed by Israel, but that would require a strong leader who is clever and brave enough to take a short-term political hit for long-term gain for Israel.

But not only does there seem to be no such leader on the Israeli scene right now, Israelis seem determined not to confront the problem. A comparatively dovish Israeli strategist, Gidi Grinstein of the Reut Institute, recognizes that the siege of Gaza, Operation Cast Lead, and the 2006 Lebanon War have all seriously damaged the view of Israel around the world.

Grinstein believes Israel’s descent towards pariah status is the result of a sustained attack by its enemies and their supporters. Though he correctly, and very crucially, recognizes the danger of the growing “de-legitimizing” of Israel, he incorrectly sees it as based on an opposition to Jewish self-determination having nothing to do with Israel’s actions and policies.

In broader circles, it’s even worse. Grinstein sees more clearly than most Israelis the fact that Israel is being seen more and more as a state which disregards human rights and the dangers in this growing perception.

But outside the usual left-wing and NGO circles, there is little inclination to question whether Israel can address this by changing its policies. A recent editorial in Ha’aretz called for lifting the siege on Gaza, entirely for pragmatic reasons. The siege policies, as well as the larger military operations are still not being properly connected to the way it is being perceived around the world. When it is connected, it is seen as Israel being unjustly accused.

If Israel is not going to be concerned about the human cost of its policies, then similar pragmatism should dictate it take a more objective look at the effects those policies are having on Israel’s global standing. Until people like Grinstein are willing to confront the fact that there just may be some validity to people’s outrage over the more devastating policies Israel enacts, all the hasbara in the world is not going to save its image.

Grinstein believes this issue can be addressed by increased diplomacy, both professional and on the level of the individual citizen acting as an ambassador for Israel when she or he goes overseas. He is sadly mistaken.

That’s not a matter of public relations. The consequence of continuing to ignore the increasingly negative global opinion (and the decline is visible even among Diaspora Jews and Americans) is Siegman’s vision of an imposed solution. But by then, Israel may be regarded so badly that the concern for its security, which Siegman stresses, may not be so serious a concern for the outside parties.

Imposing Middle East Peace (the Nation magazine)

By Henry Siegman

Issue of January 25, 2009

The Nation

Israel’s relentless drive to establish “facts on the ground” in the occupied West Bank, a drive that continues in violation of even the limited settlement freeze to which Prime Minister Benjamin Netanyahu committed himself, seems finally to have succeeded in locking in the irreversibility of its colonial project. As a result of that “achievement,” one that successive Israeli governments have long sought in order to preclude the possibility of a two-state solution, Israel has crossed the threshold from “the only democracy in the Middle East” to the only apartheid regime in the Western world.

The inevitability of such a transformation has been held out not by “Israel bashers” but by the country’s own leaders. Prime Minister Ariel Sharon referred to that danger, as did Prime Minister Ehud Olmert, who warned that Israel could not escape turning into an apartheid state if it did not relinquish “almost all the territories, if not all,” including the Arab parts of East Jerusalem.

Olmert ridiculed Israeli defense strategists who, he said, had learned nothing from past experiences and were stuck in the mindset of the 1948 war of independence. “With them, it is all about tanks and land and controlling territories and controlled territories and this hilltop and that hilltop,” he said. “All these things are worthless. Who thinks seriously that if we sit on another hilltop, on another hundred meters, that this is what will make the difference for the State of Israel’s basic security?”

It is now widely recognized in most Israeli circles–although denied by Israel’s government–that the settlements have become so widespread and so deeply implanted in the West Bank as to rule out the possibility of their removal (except for a few isolated and sparsely populated ones) by this or any future Israeli government unless compelled to do so by international intervention, an eventuality until now considered entirely unlikely.

It is not only the settlements’ proliferation and size that have made their dismantlement impossible. Equally decisive have been the influence of Israel’s settler-security-industrial complex, which conceived and implemented this policy; the recent disappearance of a viable pro-peace political party in Israel; and the infiltration by settlers and their supporters in the religious-national camp into key leadership positions in Israel’s security and military establishments.

Olmert was mistaken in one respect, for he said Israel would turn into an apartheid state when the Arab population in Greater Israel outnumbers the Jewish population. But the relative size of the populations is not the decisive factor in such a transition. Rather, the turning point comes when a state denies national self-determination to a part of its population–even one that is in the minority–to which it has also denied the rights of citizenship.

When a state’s denial of the individual and national rights of a large part of its population becomes permanent, it ceases to be a democracy. When the reason for that double disenfranchisement is that population’s ethnic and religious identity, the state is practicing a form of apartheid, or racism, not much different from the one that characterized South Africa from 1948 to 1994. The democratic dispensation that Israel provides for its mostly Jewish citizens cannot hide its changed character. By definition, democracy reserved for privileged citizens–while all others are kept behind checkpoints, barbed-wire fences and separation walls commanded by the Israeli army–is not democracy but its opposite.

The Jewish settlements and their supporting infrastructure, which span the West Bank from east to west and north to south, are not a wild growth, like weeds in a garden. They have been carefully planned, financed and protected by successive Israeli governments and Israel’s military. Their purpose has been to deny the Palestinian people independence and statehood–or to put it more precisely, to retain Israeli control of Palestine “from the river to the sea,” an objective that precludes the existence of a viable and sovereign Palestinian state east of Israel’s pre-1967 border.

A vivid recollection from the time I headed the American Jewish Congress is a helicopter trip over the West Bank on which I was taken by Ariel Sharon. With large, worn maps in hand, he pointed out to me strategic locations of present and future settlements on east-west and north-south axes that, Sharon assured me, would rule out a future Palestinian state.

Just one year after the 1967 war, Moshe Dayan, then defense minister, described Israel’s plan for the future of the territories as “the current reality.” “The plan is being implemented in actual fact,” he said. “What exists today must remain as a permanent arrangement in the West Bank.” Ten years later, at a conference in Tel Aviv whose theme was finding a solution to the Israel-Palestine conflict, Dayan said: “The question is not, What is the solution? but, How do we live without a solution?”

Prime Minister Netanyahu’s conditions for Palestinian statehood would leave under Israel’s control Palestine’s international borders and airspace, as well as the entire Jordan Valley; would leave most of the settlers in place; and would fragment the contiguity of the territory remaining for such a state. His conditions would also deny Palestinians even those parts of East Jerusalem that Israel unilaterally annexed to the city immediately following the 1967 war–land that had never been part of Jerusalem before the war. In other words, Netanyahu’s conditions for Palestinian statehood would meet Dayan’s goal of leaving Israel’s de facto occupation in place.

From Dayan’s prescription for the permanence of the status quo to Netanyahu’s prescription for a two-state solution, Israel has lived “without a solution,” not because of uncertainty or neglect but as a matter of deliberate policy, clandestinely driving settlement expansion to the point of irreversibility while pretending to search for “a Palestinian partner for peace.”

Sooner or later the White House, Congress and the American public–not to speak of a Jewish establishment that is largely out of touch with the younger Jewish generation’s changing perceptions of Israel’s behavior–will have to face the fact that America’s “special relationship” with Israel is sustaining a colonial enterprise.

President Barack Obama’s capitulation to Netanyahu on the settlement freeze was widely seen as the collapse of the latest hope for achievement of a two-state agreement. It thoroughly discredited the notion that Palestinian moderation is the path to statehood, and therefore also discredited Palestinian Authority President Mahmoud Abbas, moderation’s leading Palestinian advocate, who announced his intention not to run in the coming presidential elections.

Netanyahu’s “limited” freeze was described by the Obama administration as “unprecedented,” even though the exceptions to it–3,000 housing units whose foundations had supposedly already been laid, public buildings and unlimited construction in East Jerusalem–brought total construction to where it would have been without a freeze. Indeed, Netanyahu assured the settler leadership and his cabinet that construction will resume after the ten-month freeze–according to minister Benny Begin, at a rate “faster and more than before”–even if Abbas agrees to return to talks. In fact, the Israeli press has reported that the freeze notwithstanding, new construction in the settlements is “booming.” None of this has elicited the Obama administration’s public rebuke, much less the kinds of sanctions imposed on Palestinians when they violate agreements.

But what is widely believed to have been the final blow to a two-state solution may in fact turn out to be the necessary condition for its eventual achievement. That condition is abandonment of the utterly wrongheaded idea that a Palestinian state can arise without forceful outside intervention. The international community has shown signs of exasperation with Israel’s deceptions and stonewalling, and also with Washington’s failure to demonstrate that there are consequences not only for Palestinian violations of agreements but for Israeli ones as well. The last thing many in the international community want is a resumption of predictably meaningless negotiations between Netanyahu and Abbas. Instead, they are focusing on forceful third-party intervention, a concept that is no longer taboo.

Ironically, it is Netanyahu who now insists on the resumption of peace talks. For him, a prolonged breakdown of talks risks exposing the irreversibility of the settlements, and therefore the loss of Israel’s democratic character, and legitimizing outside intervention as the only alternative to an unstable and dangerous status quo. While the Obama administration may be reluctant to support such initiatives, it may no longer wish to block them.

These are not fanciful fears. Israeli chiefs of military intelligence, the Shin Bet and other defense officials told Netanyahu’s security cabinet on December 9 that the stalled peace process has led to a dangerous vacuum “into which a number of different states are putting their own initiatives, none of which are in Israel’s favor.” They stressed that “the fact that the US has also reached a dead-end in its efforts only worsens the problem.”

If these fears are realized and the international community abandons a moribund peace process in favor of determined third-party initiatives, a two-state outcome may yet be possible. A recent proposal by the Swedish presidency of the European Union is perhaps the first indication of the international community’s determination to react more meaningfully to Netanyahu’s intransigence. The proposal, adopted by the EU’s foreign ministers on December 8, reaffirmed an earlier declaration of the European Council that the EU would not recognize unilateral Israeli changes in the pre-1967 borders. The resolution also opposes Israeli measures to deny a prospective Palestinian state any presence in Jerusalem. The statement’s endorsement of PA Prime Minister Salam Fayyad’s two-year institution-building initiative suggests a future willingness to act favorably on a Palestinian declaration of statehood following the initiative’s projected completion. In her first pronouncement on the Israel-Palestine conflict as the EU’s new high representative for foreign affairs and security policy, Baroness Catherine Ashton declared, “We cannot and nor, I doubt, can the region tolerate another round of fruitless negotiations.”

An imposed solution has risks, but these do not begin to compare with the risks of the conflict’s unchecked continuation. Furthermore, since the adversaries are not being asked to accept anything they have not already committed themselves to in formal accords, the international community is not imposing its own ideas but insisting the parties live up to existing obligations. That kind of intervention, or “imposition,” is hardly unprecedented; it is the daily fare of international diplomacy. It defines America’s relations with allies and unfriendly countries alike.

It would not take extraordinary audacity for Obama to reaffirm the official position of every previous US administration–including that of George W. Bush–that no matter how desirable or necessary certain changes in the pre-1967 status may seem, they cannot be made unilaterally. Even Bush, celebrated in Israel as “the best American president Israel ever had,” stated categorically that this inviolable principle applies even to the settlement blocs that Israel insists it will annex. Speaking of these blocs at a May 2005 press conference, Bush affirmed that “changes to the 1949 armistice lines must be mutually agreed to,” a qualification largely ignored by Israeli governments (and by Bush himself). The next year Secretary of State Condoleezza Rice was even more explicit. She stated that “the president did say that at the time of final status, it will be necessary to take into account new realities on the ground that have changed since 1967, but under no circumstances…should anyone try and do that in a pre-emptive or predetermined way, because these are issues for negotiation at final status.”

Of course, Obama should leave no doubt that it is inconceivable for the United States not to be fully responsive to Israel’s genuine security needs, no matter how displeased it may be with a particular Israeli government’s policies. But he must also leave no doubt that it is equally inconceivable he would abandon America’s core values or compromise its strategic interests to keep Netanyahu’s government in power, particularly when support for this government means supporting a regime that would permanently disenfranchise and dispossess the Palestinian people.

In short, Middle East peacemaking efforts will continue to fail, and the possibility of a two-state solution will disappear, if US policy continues to ignore developments on the ground in the occupied territories and within Israel, which now can be reversed only through outside intervention. President Obama is uniquely positioned to help Israel reclaim Jewish and democratic ideals on which the state was founded–if he does not continue “politics as usual.” But was it not his promise to reject just such a politics that swept Obama into the presidency and captured the amazement and respect of the entire world?

This article is based on a longer study commissioned by the Norwegian Peacebuilding Centre in Oslo.



International Board Meeting, Washington, D.C., April 6-7, 2009

International Board Meeting, Washington, D.C., April 6-7, 2009

more events »

IMPOSING MIDDLE EAST PEACE BY HENRY SIEGMAN

The continued expansion of Israeli settlements in the West Bank seems to have finally locked in the permanence of Israel’s colonial project. Outside intervention may offer the last hope for a reversal of the settlement enterprise and the achievement of a two-state solution to the Israel-Palestine conflict. Since the U.S. is no longer the likely agent of that intervention, it is up to the Europeans and to the Palestinians themselves to fashion the path to self-determination in the occupied territories.

Prepared for the Norwegian Peacebuilding Centre in Oslo.

read more »