Tag: West Bank

  • A New Chance for Peace?

    I am concerned that public discussion of my book “Palestine Peace Not Apartheid” has been diverted from the book’s basic proposals: that peace talks be resumed after six years of delay and that the tragic persecution of Palestinians be ended. Although most critics have not seriously disputed or even mentioned the facts and suggestions about these two issues, an apparently concerted campaign has been focused on the book’s title, combined with allegations that I am anti-Israel. This is not good for any of us who are committed to Israel’s status as a peaceful nation living in harmony with its neighbors.

    It is encouraging that President Bush has announced that peace in the Holy Land will be a high priority for his administration during the next two years. On her current trip to the region, Secretary of State Condoleezza Rice has called for an early U.S.-Israeli-Palestinian meeting. She has recommended the 2002 offer of the 23 Arab nations as a foundation for peace: full recognition of Israel based on a return to its internationally recognized borders. This offer is compatible with official U.S. policy, previous agreements approved by Israeli governments in 1978 and 1993, and the “road map” for peace developed by the “quartet” (the United States, Russia, the European Union and the United Nations).

    The clear fact is that Israel will never find peace until it is willing to withdraw from its neighboring occupied territories and permit the Palestinians to exercise their basic human and political rights. With land swaps, this “green line” can be modified through negotiations to let a substantial number of Israeli settlers remain in their subsidized homes east of the internationally recognized border. The premise of exchanging Arab territory for peace has been acceptable for several decades to a majority of Israelis but not to a minority of the more conservative leaders, who are unfortunately supported by most of the vocal American Jewish community.

    These same premises, of course, will have to be accepted by any government that represents the Palestinians. A March 2006 poll by the Hebrew University of Jerusalem and the Palestinian Center for Policy and Survey Research in Ramallah found 73 percent approval among citizens in the occupied territories, and Palestinian Prime Minister Ismail Haniyeh has expressed support for talks between President Mahmoud Abbas and Israeli Prime Minister Ehud Olmert and pledged to end Hamas’s rejectionist position if a negotiated agreement is approved by the Palestinian people.

    Abbas is wise in repeating to Secretary Rice that he rejects any “interim” boundaries for the Palestinian state. The step-by-step road-map formula promulgated almost three years ago for reaching a final agreement has proved to be a non-starter — and an excuse for not making any progress. I know from experience that it is often more difficult to negotiate an interim agreement, with all its future uncertainties, than to address the panoply of crucial issues that will have to be resolved to reach the goal of peace.

    Given these recent developments and with the Democratic Party poised to play a more important role in governing, this is a good time to clarify our party’s overall policy in the broader Middle East. Numerous options are available as Congress attempts to correlate its suggestions with White House policy, and there is little doubt that the basic proposals of the Iraq Study Group provide a good foundation on which Democrats might reach something of a consensus (recognizing that individual lawmakers could still make their own proposals on details). This party policy would provide a reasonable answer to the allegation that Democrats have no alternatives of their own to address the Iraq quagmire.

    A key factor in an Iraq policy would be strong demands on Prime Minister Nouri al-Maliki’s government to cooperate in ending sectarian violence, prodded by a clear notice of plans for troop withdrawals. A commitment to regional cooperation, including opportunities for Iran and Syria to participate, would be beneficial in assuring doubtful Iraqis that America will no longer be the dominant outside power shaping their military, political and economic future.

    Although Israel’s prime minister has criticized these facets of the Iraq Study Group’s report, the most difficult recommendation for many Democrats could be the call for substantive peace talks on the Palestinian issue. The situation in the occupied territories will be a crucial factor, and it would be helpful for both the House and Senate to send a responsible delegation to the West Bank and Gaza to observe the situation personally, to meet with key leaders and to ascertain the prospects if peace talks can be launched.

    I am convinced that, with bipartisan support, this is a good opportunity for progress.

    Published by The Washington Post.

     

    Jimmy Carter was the 39th US President and is a Nobel Peace Prize laureate. His most recent book is Palestine Peace Not Apartheid.

  • Let Mordechai Vanunu Go

    On leaving Israel/Palestine today, Mairead Corrigan Maguire, Nobel Peace Laureate, who has spent the last 10 days in Israel-Palestine campaigning for an end to the detention of Mordechai Vanunu, said:

    “I believe it is sad and shameful that the Israeli Government continues to detain Mordechai Vanunu for this the 20 year of his internal exile within Israel. He has no secrets. He is no threat to Israeli security. I therefore call upon the Israel Government to uphold Mordechai Vanunu’s human rights to freedom of speech and freedom of movement and let him go.

    I also support his call for a Nuclear Free Israel, Middle East and world and call upon the Israeli Government to open Dimona for inspection, and to sign the Nuclear Non-proliferation treaty.

    During my visit I have travelled to Jenin Refugee Camp, Hebron, and Bethlehem in the Israeli Occupied Territories. I have witnessed the daily suffering of the Palestinian people living under an increasing and worsening oppressive Israeli occupation.

    I believe there is a great desire for peace amongst all the people, but in order to move into serious dialogue and negotiations urgent steps, and the political will; particularly from the Israeli Government, need to be taken. I therefore make the following Appeal:

    1. I call upon the International Community, European Community, the United States of America, to intervene to end the 40 year occupation by Israel and to end the Palestinian suffering in Palestinian camps for 60 years. The International Community must not be intimidated and silenced by threats of being anti-Semitic or anti-Israeli, but must be bold in demanding Israel upholds it obligations under International Law.
    2. The way for peace must be for Israel to end the occupation and recognize and respect all the national and international human rights of the Palestinian people.
    3. I call upon the Palestinian people to use the methods of Jesus Christ, Badshan Khan, Gandhi, Martin Luther King of nonviolent resistance to the occupation and apartheid system, which continues to cause so much suffering to their people. And for the International Community to support such a nonviolent resistance by the Palestinian people.
    4. I call upon the Israeli Government to uphold International Court of Justice and dismantle the Apartheid wall, and the Apartheid system of injustice. To recognize the democratically elected Government of the Palestinian people and enter into serious dialogue with their new ‘partner for peace’.
    5. I call upon Israeli Government, European Union, United State, to restore Foreign Aid as the withdrawing of this, is in effect. a collective punishment of the Palestinian people, many of whom already live under great poverty and hardship, due to the continuing illegal occupation and colonization of the Palestinian Territories.
    6. I call upon all Israeli and Palestinian people to continue to hope and believe and act for peace, and to do everything in their power to begin to build trust and friendship amongst each other. Nuclear Weapons, militarism, and emergency laws will not build trust, but overcome the fear of each other, and continuing the great work already being done by both Israeli and Palestinian peace activists, and many others, will bring peace. The Israeli Government can help this process by making it possible for people to actually meet each other, and build a grassroots peace movement together.

    I have great hopes for both Israeli-Palestinian and leave strengthened and upheld by the love and affection I have received from my many Israeli and Palestinian Friends.

    Shalom/Salam,
    Mrs Mairead Corrigan Maguire Nobel Peace Laureate

    Peace People 224 Lisburn Road, Belfast. BT9 Northern Ireland – UK. www.peacepeople.com Tel: (44) (0)2890 663465 Fax: (44) (0)2890 381987 Email Info@peacepeople.com

    Mairead Corrigan Maguire received the 1976 Nobel Peace Prize and the 1991 Nuclear Age Peace Foundation Distinguished Peace Leadership Award. She recently participated in the Nuclear Age Peace Foundation’s 2006 International Law Symposium, “At the Nuclear Precipice: Nuclear Weapons and the Abandonment of International Law.”

  • Support for Wall Mocks International Law

    What is most remarkable about the International Court of Justice decision on Israel’s ”security barrier” in the West Bank is the strength of the consensus behind it. By a vote of 14-1, the 15 distinguished jurists who make up the highest judicial body on the planet found that the barrier is illegal under international law and that Israel must dismantle it, as well as compensate Palestinians for damage to their property resulting from the barrier’s construction.

    The International Court of Justice has very rarely reached this degree of unanimity in big cases. The July 9 decision was even supported by the generally conservative British judge Rosalyn Higgins, whose intellectual force is widely admired in the United States.

    One might expect the government of Ariel Sharon to wave off this notable consensus as an ”immoral and dangerous opinion.” But one might expect the United States — even as it backed its ally Israel — at least to take account of the court’s reasoning in its criticisms. Instead, both the Bush administration and leading Democrats, including Senators John Kerry and Hillary Clinton, mindlessly rejected the decision.

    Even the American justice in The Hague, Thomas Buergenthal, was careful in his lone dissent. He argued that the court did not fully explore Israel’s contention that the wall-and-fence complex is necessary for its security before arriving at its sweeping legal conclusions. But Judge Buergenthal also indicated that Israel was bound to adhere to international humanitarian law, that the Palestinians were entitled to exercise their right of self-determination and, insofar as the wall was built to protect Israeli settlements in the West Bank and East Jerusalem, that he had “serious doubt that the wall would. . .satisfy the proportionality requirement to qualify as legitimate self-defense.”

    The nuance in Buergenthal’s narrow dissent contrasts sharply with, for instance, Kerry’s categorical statement that Israel’s barrier “is not a matter for the ICJ.”

    To the contrary, Israel’s construction of the wall in the West Bank has flagrantly violated clear standards in international law. The clarity of the violations accounts for the willingness of the U.N. General Assembly to request an advisory opinion on the wall from the court, a right it has never previously exercised in relation to the Israeli-Palestinian conflict. The clarity also helps to explain Israel’s refusal to participate in the ICJ proceedings — not even to present its claim that the barrier under construction has already reduced the incidence of suicide bombing by as much as 90 percent.

    Significantly, the court confirms that Israel is entitled to build a wall to defend itself from threats emanating from the Palestinian territories if it builds the barrier on its own territory. The justices based their objection to the wall on its location within occupied Palestinian territories, as well as the consequent suffering visited upon affected Palestinians.

    If Israel had erected the wall on its side of the boundary of Israel prior to the 1967 war, then it would not have encroached on Palestinian legal rights. The court’s logic assumes the unconditional applicability of international humanitarian law, including the Fourth Geneva Convention, to Israel’s administration of the West Bank and Gaza (a principle affirmed by Judge Buergenthal). That body of law obliges Israel to respect the property rights of Palestinians without qualification, and to avoid altering the character of the territory, including by population transfer.

    The decision creates a clear mandate. The ICJ decision, by a vote of 13-2, imposes upon all states an obligation not to recognize ”the illegal situation” created by the construction of the wall. This is supplemented by a 14-1 vote urging the General Assembly and Security Council to “consider what further action is required to bring an end to the illegal situation.”

    Such a plain-spoken ruling from the characteristically cautious International Court of Justice will test the respect accorded international law, including U.S. willingness to support international law despite a ruling against its ally. The invasion of Iraq and the continuing scandals have already tarnished the reputation of the United States as a law-abiding member of the international community. When U.S. officials dismiss the nearly unanimous ICJ decision without even bothering to engage its arguments, America’s reputation suffers further. In fact, elsewhere in the world, U.S. repudiation of this decision can only entrench existing views of America as an international outlaw.

    Richard Falk is a Distinguished Visiting Professor at the University of California at Santa Barbara, Albert G. Milbank Professor Emeritus of International Law and Practice at Princeton University, and is chair of the Nuclear Age Peace Foundation.