Thursday, April 02, 2009

Bibi is being smart about it

Ted Belman

The Netanyahu government is looking good to me. First, Netanyahu studiously avoided giving anything away upfront to the consternation of the EU and Livni.

He offered negotiations on “three parallel tracks, economic, security and diplomatic” with the Palestinian Authority. As the NYT put it Netanyahu Offers Conciliation, but Not Concessions His sole position on the peace process was that he would abide by all signed agreements.

As Min Lieberman made forcefully clear today, that didn’t include Annapolis. The International community was dying to make discussions under Annapolis binding on Israel but the Netanyahu government would have none of it and came out of the gate stressing this point.

In Understanding Netanyahu, I pointed out that Bibi intended to take Bush’s “vision speech” of 2002 as his point of reference.

Even the Roadmap isn’t a signed agreement. Let’s look at it.

A two state solution to the Israeli-Palestinian conflict will only be achieved through an end to violence and terrorism, when the Palestinian people have a leadership acting decisively against terror and willing and able to build a practicing democracy based on tolerance and liberty, and through Israel’s readiness to do what is necessary for a democratic Palestinian state to be established, and a clear, unambiguous acceptance by both parties of the goal of a negotiated settlement as described below.

The emphasis on a “negotiated settlement” precludes an imposed solution which is currently what the Obama Administration would like to do..

However, as a performance-based plan, progress will require and depend upon the good faith efforts of the parties, and their compliance with each of the obligations outlined below.

There is no way progress can be made under this roadmap so long as there is violence and the Arabs will never give up on the use of violence.

A settlement, negotiated between the parties, will result in the emergence of an independent, democratic, and viable Palestinian state living side by side in peace and security with Israel and its other neighbours.

Notice he word “sovereign” is left out.

Netanyahu has taken the position that he will not consider making Palestine a sovereign state. He is offering “limited sovereignty” otherwise known as autonomy.

The settlement will resolve the Israel-Palestinian conflict, and end the occupation that began in 1967, based on the foundations of the Madrid Conference, the principle of land for peace, UNSCRs 242, 338 and 1397, agreements previously reached by the parties, and the initiative of Saudi Crown Prince Abdullah - endorsed by the Beirut Arab League Summit - calling for acceptance of Israel as a neighbour living in peace and security, in the context of a comprehensive settlement.

It is important to point out that the addition of “the initiative of Saudi Crown Prince Abdullah” was inserted at the last minute but it was not included as an “agreement previously reached”. Legally it has little if any import as the terms of settlement must be negotiated based on the “foundations ” of a number of factors. It is also in conflict with Res 242 which guarantees “secure borders” otherwise known as defensible borders.

The process was divided into phases and “in each phase, the parties are expected to perform their obligations in parallel, unless otherwise indicated.

Phase I: Ending terror and violence, normalising Palestinian life, and building Palestinian institutions

This phase also included

Settlements

# GOI immediately dismantles settlement outposts erected since March 2001.

# Consistent with the Mitchell Report, GOI freezes all settlement activity (including natural growth of settlements).

It all depends on whether a settlement is a “settlement”. Settlements are not defined by the Roadmap. Bibi has made coalition agreements to build in E1 and other places.. This means that he takes the position that towns which Israel doesn’t intend to retreat from, are not “settlements”.

“internal growth” was hotly negotiated between Israel and the US over the years and certain understandings were reached. Bibi is intent on continuing construction based on such understandings. The US and Israel differ on what they are.

But the Roadmap is not an agreement between parties. It was not signed by the parties. Each party simply voted to proceed with it.

When Sharon complained about the insertion of the reference to the Saudi Initiative, Powell rammed it down his throat with the words “its only a process”. And so it is.

And then there is the matter of the fourteen reservations voted on by Israel when she approved the Roadmap and the commitment of the US to give them "serious consideration". They have yet to be considered.

But even if it was more than that, the first phase was supposed to be completed four years ago. In a normal agreement this delay would constitute a major default leaving nothing binding.

Netanyahu is being very diplomatic by saying he will work toward peace. Neither he nor Abbas want to walk away from the table. Let the other guy be the obstructionist.

The international community has little clout because Israel is abiding by all agreements. No one can force a solution on Israel or prevent them from building if Israel is prepared to take charge of the process as Bibi intends to do.

That is not to say that the international community won’t try.

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