Ultimately, it is impossible to agree to a proposal that punishes Palestinians while rewarding Israel’s illegal settlement policies. A proposal involving annexation of 4 to 6 percent (not to mention 10 percent) of the land would inevitably damage vital Palestinian interests. Under such a proposal, a number of Palestinian villages will be annexed to Israel, adding to the already great number of displaced Palestinians.
Moreover, as the attached map demonstrates, a large quantity of unsettled land in key development areas such as Jerusalem and Bethlehem will also be annexed by Israel, destroying the territorial contiguity of the State of Palestine. In addition to compromising Palestinians’ freedom of movement within their own state, this would also have serious ramifications for the state’s development potential. In addition, any such large-scale annexation will inevitably prejudice Palestinian water rights.
As for the “land swap,” the United States proposal does not identify which areas within Israel are to compensate for the annexed land. The Palestinian side continues to insist that any annexed land must be compensated with land of equal size and value. No argument has been presented as to why this should not be the case. However, the United States proposal explicitly rejects the principle that compensation of land must be of equal size and remains silent on the issue of the location and quality of the compensated land. All previous Israeli and United States proposals concerning compensated land have referred to land near the Gaza Strip in exchange for valuable real estate in the West Bank. In addition to being desert areas, the lands being offered near the Gaza Strip are currently being used by Israel to dump toxic waste. Obviously, we cannot accept trading prime agricultural and development land for toxic waste dumps.
JERUSALEM
On the issue of Jerusalem, President Clinton articulated a general principle that “Arab areas are Palestinian and Jewish areas are Israeli,” but urged the two sides to work on maps to create maximum contiguity for both. Two alternative formulations were presented addressing each State’s sovereignty over and rights to the Haram al-Sharif (“Haram”) and the “Western Wall” (“Wall”). Both formulations provide for Palestinian sovereignty over the Haram and Israeli sovereignty over the Wall, resticting the Parties from excavating beneath the Haram or behind the Wall.
The United States formulations on the Haram are problematic. First, the proposal appears to recognize Israeli sovereignty under the Haram by implying that it has a right, which it voluntarily relinquishes, to excavate behind the Western Wall (i.e., the area under the Haram). Moreover, the “Western Wall” extends to areas beyond the Wailing Wall, including the tunnel opened in 1996 by Israel’s former Prime Minister Benjamin Netanyahu which caused widespread confrontations.
The territorial aspects of the United States proposals concerning Jerusalem also raise very serious concerns and call for further clarification. As the attached map shows, as a result of Israel’s internationally condemned settlement policy in occupied East Jerusalem, the United States formulation “that Arab areas are Palestinian and Jewish ones are Israeli” will be impossible to reconcile with the concept of “maximum contiguity for both,” presented in the proposal. Rather, the formulation will inevitably result in Palestinian islands within the city separated from one another. Israel, however, will be able to maintain contiguity.
Therefore, the proposal is actually calling for “maximum contiguity for both” translates in practice into “maximum contiguity for Israel.”
Israel’s continued demand for sovereignty over a number of geographically undefined “religious sites” in Jerusalem, and its refusal to present maps clearly showing its territorial demands in Jerusalem only compounds the Palestinian concerns. Any formulation that will be acceptable by the Palestinian side must guarantee the contiguity of Palestinian areas within the city as well as the contiguity of Jerusalem with the rest of Palestine.
A key element of the Palestinian position on Jerusalem is its status as an Open City with free access for all. This status is imperative not only to ensure access to and worship in all holy sites for all those who hold the city sacred, but also to guarantee free movement through the State of Palestine. Unfortunately, the United States proposal makes no reference to this essential concept.
PALESTINIAN REFUGEES
On the issue of Palestinian refugees, driven from their homes as a result of the establishment of the State of Israel, the United States proposed that both sides recognize the right of Palestinian refugees to return either to “historic Palestine” or to “their homeland,” but added that the agreement should make clear that there is no specific right of return to what is now Israel. Instead, it proposed five possible final homes for the refugees: (1) the State of Palestine; (2) areas in Israel transferred to Palestine in the “land swap”; (3) rehabilitation in the host countries; (4) resettlement in third countries; and (5) admission to Israel. All refugees would have the right to “return” to the State of Palestine; however, rehabilitation in host countries, resettlement in third countries, and admission to Israel all would depend on the policies of those individual countries.
The United States proposal reflects a wholesale adoption of the Israeli position that the implementation of the right of return be subject entirely to Israel’s discretion. It is important to recall that Resolution 194, long regarded as the basis for a just settlement of the refugee problem, calls for the return of Palestinian refugees to “their homes,” wherever located not to their “homeland” or to “historic Palestine.”
The essence of the right of return is choice: Palestinians should be given the option to choose where they wish to settle, including return to the homes from which they were driven. There is no historical precedent for a people abandoning their fundamental right to return to their homes whether they were forced to leave or fled in fear. We will not be the first people to do so. Recognition of the right to return and the provision of choice to refugees is a prerequisite for the closure of the conflict.
The Palestinians are prepared to think flexibly and creatively about the mechanisms for implementing the right of return. In many discussions with Israel, mechanisms for implementing this right in such a way so as to end the refugee status and refugee problem, as well as to otherwise accommodate Israeli concerns, have been identified and elaborated in some detail. The United States proposal fails to make reference to any of these advances and refers back to earlier Israeli negotiating positions.
In addition, the United States proposal fails to provide any assurance that refugee rights to restitution and compensation will be fulfilled.
SECURITY
On the issue of security, the United States proposed that there be an international presence to guarantee the implementation of the agreement. The United States proposal suggests that the Israeli withdrawal should be carried out over a three-year period, with international forces phased in on a gradual basis. Then, at the end of this period, an Israeli military presence would be allowed to remain in the Jordan Valley for another three years under the authority of the international force.
The United States also proposed that Israel be permitted to maintain three early warning stations for at least ten years and that it be given the right to deploy its forces in Palestinian territory during “a national state of emergency.” In addition, the United States has suggested that Palestine be defined as a “nonmilitarized State,” and, while acknowledging Palestinian sovereignty over its own airspace, it has proposed that the two sides develop special arrangements for Israeli training and operational needs.
Although the United States proposals place less burdens on Palestinian sovereignty than earlier Israeli proposals, they nevertheless raise a number of concerns. There is no reason why Israel would require three years to withdraw from the West Bank and Gaza Strip. In view of the fact that Israel resettled more than one million immigrants from the former Soviet Union in a few years, one year is more than enough time to resettle less than 60,000 Israeli settlers. It is moreover unclear from the United Stat
es proposal that the withdrawal period relates to both soldiers and settlers, both of whom are considered part of the occupation forces in the Palestinian Territories. A protracted withdrawal process could jeopardize the peaceful implementation of the agreement and would create a continued source of friction.
There are other Palestinian concerns. Israel has yet to make a persuasive case regarding why it would require either a standing force in the Jordan Valley or emergency deployment rights much less both. This is especially the case given that international forces will be present in these areas. Furthermore, Israel requires no more than one early warning station in the West Bank to satisfy its strategic needs. The maintenance of stations at current locations near Ramallah and Nablus and in East Jerusalem will seriously inhibit Palestinian development. Moreover, the United States proposal would give Israel sole discretion for determining how long these stations will be operational.
The United States proposal’s suggestion that special arrangements be made for Israeli training and operational needs in Palestinian airspace is also extremely problematic. Without specific clarification, this might be used to defend a right for Israel to use Palestinian airspace for military training exercises with all the accompanying dangers to the Palestinian civilian population and the environment while sparing Israeli citizens from any similar infringement. Palestinians remain committed to working out regional agreements concerning aviation in line with commonly accepted international regulations. Any arrangement to the contrary would infringe on Palestinian sovereignty and harm relations with neighboring countries.
OTHER ISSUES
The United States proposal remains silent on a number of issues that are essential for the establishment of a lasting and comprehensive peace. By focusing solely on the four issues above, the United States proposal not only neglects relating to ending the conflict, but also disregards ways to ensure that the future relations between the two peoples will be mutually beneficial. Specifically, the proposal does not address water, compensation for damages resulting from over thirty years of occupation, the environment, future economic relations, and other state-to-state issues.
END OF CONFLICT
While we are totally committed to ending the Palestinian-Israeli conflict, we believe that this can only be achieved once the issues that have caused and perpetrated the conflict are resolved in full. This in turn can only be achieved by a comprehensive agreement that provides detailed modalities for the resolution of the issues at the core of the conflict. It must be remembered that in reaching a settlement between Israel and, respectively, Egypt and Jordan, the end of conflict came only after the final, detailed peace treaty.
Even putting aside the requirements of international law and justice, the United States proposals—unless clarified to take into account the above concerns—do not even allow for a pragmatic resolution of the conflict. If no such solutions are reached in practice, we believe that any formalistic pronouncement of the end of conflict would be meaningless.
CONCLUSION
We would like, once again, to emphasize that we remain committed to a peaceful resolution of the Palestinian-Israeli conflict in accordance with UN Security Council Resolutions 242 and 338 and international law. In view of the tremendous human cost caused by each delay in negotiations, we recognize the need to resolve this conflict as soon as possible. We cannot, however, accept a proposal that secures neither the establishment of a viable Palestinian state nor the right of Palestinian refugees to return to their homes.
U.S. President Bill Clinton: Summarizing His Experience with the Peace Process (January 7, 2001)42
Prime Minister Barak . . . came to office with absolute conviction that in the end, Israel could not be secure unless a just and lasting peace could be reached with its neighbors, beginning with the Palestinians. That if that turned out not to be possible, then the next best thing was to be as strong as possible and as effective in the use of that strength.
But his knowledge of war has fed a passion for peace. And his understanding of the changing technology of war has made him more passionate, not because he thinks the existence of Israel is less secure—if anything, it’s more secure—but because the sophisticated weapons available to terrorists today mean even though they still lose, they can exact a higher price along the way. . . .
But no dilemma I have ever faced approximates in difficulty or comes close to the choice that Prime Minister Barak had to make when he took office. He realized that he couldn’t know for sure what the final intentions of the Palestinian leadership were without testing them. He further realized that even if the intentions were there, there was a lot of competition among the Palestinians and from outside forces, from people who are enemies of peace because they don’t give a rip how the ordinary Palestinians have to live and they’re pursuing a whole different agenda.
He knew nine things could go wrong and only one thing could go right. But he promised himself that he would have to try. And as long as he knew Israel in the end could defend itself and maintain its security, he would keep taking risks. And that’s what he’s done, down to these days. There may be those who disagree with him, but he has demonstrated as much bravery in the office of Prime Minister as he ever did on the field of battle and no one should ever question that . . .
All the dreams we had in 1993 that were revived when we had the peace with Jordan, revived again when we had the Wye River accords— that was, I think, the most interesting peace talks I was ever involved in. My strategy was the same used to break prisoners of war, I just didn’t let anybody sleep for nine days and, finally, out of exhaustion, we made a deal—just so people could go home and go to bed. I’ve been looking for an opportunity to employ it again, ever since.
There have been a lot of positive things, and I think it’s worth remembering that there have been positive developments along the way. But this is heartbreaking, what we’ve been through these last few months, for all of you who have believed for eight years in the Oslo process; all of you whose hearts soared on September 19, 1993, when Yasir Arafat and Yitzhak Rabin signed that agreement.
For over three months we have lived through a tragic cycle of violence that has cost hundreds of lives. It has shattered the confidence in the peace process. It has raised questions in some people’s minds about whether Palestinians and Israelis could ever really live and work together, support each other’s peace and prosperity and security. It’s been a heartbreaking time for me, too. But we have done our best to work with the parties to restore calm, to end the bloodshed and to get back to working on an agreement to address the underlying causes that continuously erupt in conflicts. . . .
From my first day as president, we have worked to advance interests in the Middle East that are long standing and historically bipartisan. . . . Along the way since 1993, through the positive agreements that have been reached between those two sides, through the peace between Israel and Jordan, through last summer’s withdrawal from Lebanon in which Israel fulfilled its part of implementing UN Security Counsel resolution 425— along this way we have learned some important lessons, not only because of the benchmarks of progress, because of the occasional eruption of terrorism, bombing, death and then these months of conflict. I think these lessons have to guide any effort, now or in the future, to reach a comprehensive peace. Here’s what I think they are. Most of you probably believed in them, up to the last three months. I still do. First, the Arab-Israeli conflict is not just a morality play between good and evil. It is a conflict with a complex history, whose resolution requires balancing the needs of both sides, including respect for their national identities and religious beliefs.
Second, there is no place for violence, and no military solution to this conflict. The only path to a just and durable resolution is through negotiation. Third, there will be no lasting peace or regional stability without a strong and secure Israel, secure enough to make peace, strong enough to deter the adversaries which will still be there, even if a peace is made in compl
ete good faith. And clearly that is why the United States must maintain its commitment to preserving Israel’s qualitative edge in military superiority.
Fourth, talks must be accompanied by acts—acts which show trust and partnership. For goodwill at the negotiating table cannot survive forever ill intent on the ground. And it is important that each side understands how the other reads actions.
For example, on the one hand, the tolerance of violence and incitement of hatred in classrooms and the media in the Palestinian communities, or on the other hand, humiliating treatment on the streets or at checkpoints by Israelis are real obstacles to even getting people to talk about building a genuine peace.
Fifth, in the resolution of remaining differences, whether they come today or after several years of heartbreak and bloodshed, the fundamental, painful, but necessary choices will almost certainly remain the same whenever the decision is made. The parties will face the same history, the same geography, the same neighbors, the same passions, the same hatreds. This is not a problem time will take care of. . . . because there are all these independent actors . . . independent of the Palestinian Authority and not under the direct control of any international legal body—who don’t want this peace to work. So that even if we can get an agreement, and the Palestinian Authority works as hard as they can, and the Israelis works as hard as they can, we’re all going to have to pitch in, send in an international force like we did in the Sinai, and hang tough, because there are enemies of peace out there, number one.
Number two, because the enemies of peace know they can drive the Israelis to close the borders if they can blow up enough bombs. They do it periodically to make sure that the Palestinians in the street cannot enjoy the benefits of peace that have come to the people in Northern Ireland. So as long as they can keep the people miserable, and they can keep the fundamental decisions from being made, they still have a hope, the enemies of peace, of derailing the whole thing. . . .
The Israel-Arab Reader Page 82
