bitterlemons-international.org
Middle East Roundtable /
Edition 4 Volume 1
Palestinian paradox and Israeli challenge
By Yossi Alpher
In recent years the interaction between the
Israeli-Palestinian conflict and the rule of law has produced two phenomena
that are central to any eventual peaceful resolution.
First is a Palestinian paradox. Here we have an increasingly lawless society
that has largely failed to build and maintain functioning court and police
systems. Its legally elected leader is seen as a Mafioso thug by the entire
world, now including most Arab states. Its latest minister of justice, Nahed
Al Reyes, just threatened to resign in protest at the legal situation.
Yet this failed regime in a failed proto-state is able to persuade the
international community that international law is on its side.
Last month's International Court of Justice opinion on the fence and the
United Nations General Assembly recommendation to embrace that opinion are
the most recent examples. At a broader level, the international acceptance
of one-sided Palestinian interpretations of UN General Assembly and Security
Council resolutions such as 194 and 242 also bears witness to Palestinian
and general Arab success in recruiting international law to the Palestinian
cause.
One reason for this paradoxical Palestinian success is Israel's inclination
to abdicate any role in arguing the legal aspects of the Palestinian case in
international forums. Not only did Israel not present its case to the ICJ in
The Hague, for decades it has allowed Palestinian interpretations of
relevant UN resolutions to go practically unchallenged, to the point where
they are generally accepted by the world. How many informed international
observers know that a "right of return" is not even specifically mentioned
in 194-which, incidentally, the entire Arab contingent to the UN voted
against in 1949-or that 242 does not mention Palestinians and was not
intended to deal with their conflict with Israel?
We in Israel are apparently so certain that the world is against us that we
withdraw from the international legal arena even when we have a good case.
This brings us to the second phenomenon, an Israeli challenge regarding the
rule of law. The issue is the settlements. The Israel High Court of Justice
has acquiesced in the policy of a long series of Israeli governments
regarding the exclusive use of public or crown lands in the West Bank and
Gaza for Jewish settlement purposes rather than for the welfare of the Arab
residents. This constitutes a blot on an otherwise exemplary court record of
upholding the rule of law. Now we finally have a prime minister who appears
to be determined to begin dismantling settlements-an absolute prerequisite
to any attempt to implement a two state solution and thereby maintain Israel
as a Jewish and a democratic state. Assuming he can create and maintain a
governing coalition dedicated to disengagement, Israel faces the efforts of
a determined minority, the religious-ideological settlers, to deter and
intimidate the government and its security forces and prevent removal of the
settlements-so! metimes using legal means, but in other cases resorting to
violence. The settlers' behavior in confronting government attempts to
remove outposts is a harbinger of things to come.
Like many countries, Israel has its problems with the rule of law. We have
underworld bosses, trade in drugs and prostitutes, gangs in low income
neighborhoods, wife-beaters, white collar crime, and not enough police. We
also have very specific problems regarding the rule of law under conditions
of occupation and warfare in the territories: as IDF Chief of Staff Moshe
Yaalon notes, roadblocks and the destruction of houses "don't look good";
nor do accidental deaths of Palestinian civilians. Yet these are the
inevitable wages of war; look at the US occupation of Iraq. Israel may have
long ago lost the title of "enlightened occupier", but in military legal
terms its behavior is no worse than that of other occupiers. The real
problem is political and strategic-the occupation-and not the specific
application or abuse by Israel of laws in the territories.
Except for the settlement issue. This is where international rule of law
meets Israeli rule of law. True, the way things are going the state created
on the land vacated by the settlers is liable to be a lawless Palestine. But
a non-democratic Israel-incapable of disentangling itself from a huge
Palestinian population yet denying the Palestinians basic rights-will by
definition be a lawless Israel.
Yossi Alpher is coeditor
of bitterlemons.org and
bitterlemons-international.org. He is a former director of the
Jaffee Center for Strategic Studies at Tel Aviv University and a former
senior adviser to PM Ehud Barak.
Bitterlemons-international.org is an internet
forum for an array of world perspectives on the Middle East and its specific
concerns. It aspires to engender greater understanding about the Middle East
region and open a new common space for world thinkers and political leaders
to present their viewpoints and initiatives on the region. Editors Ghassan
Khatib and Yossi Alpher can be reached at
ghassan@bitterlemons-international.org and
yossi@bitterlemons-international.org, respectively.
hagalil.com 11-08-2004 |