MIFTAH
Saturday, 18 May. 2024
 
Your Key to Palestine
The Palestinian Initiatives for The Promotoion of Global Dialogue and Democracy
 
 
 

It has become abundantly clear that Barak’s undeclared version of the Framework Agreement on Permanent Status (FAPS) is based on the concept of “ending the state of conflict” between the Palestinian and Israeli sides.

If this concept is in accordance with UNSC Resolution 242 1 (ii) that calls for the “termination of all claims or states of belligerency…” then it is concomitant with the application of the principle of “withdrawal of Israel armed forces” as in 1 (i).

Should Barak persist in negating the applicability of 242 to the Palestinian side, then he is negating both principles simultaneously.

If, however, he is attempting to pursue the Egyptian and Jordanian precedents of publicly declaring an end to the state of war prior to the signing of a peace accord, then it follows that full withdrawal to the pre-war boundaries is the agreed and logical outcome, since the real termination of the conflict is in the signing of a peace treaty that regulates future relations on the basis of a new paradigm of reconciliation rather than conflict.

In all likelihood, Barak is trying to invent a new model whereby the FAPS would isolate the principle itself from its substance and applicability by adopting a commitment to ending the state of conflict without undertaking any of the requisites that would make such a state a reality.

This way, Israel would have in hand a Palestinian a priori pledge to act in full compliance with a state of peace, while the conditions of peace and the responsibilities of Israel would remain undefined.

It also follows that, in the course of the ensuing negotiations, any act of violence by any Palestinian (sporadic, individual, criminal, etc.) would be presented and perceived as a violation, while continued “unilateral acts” such as settlement expansion, Jerusalem siege and transformation, collective punitive measures, water theft, settler violence, etc. would fall outside the definition of belligerent acts.

The blatant illogic is in attempting to achieve such a declaration while the causes of conflict are not yet resolved.

To do so would require extensive negotiations on all final status issues, a satisfactory resolution that would ensure a comprehensive and just outcome, and a binding and unequivocal commitment to implement all necessary steps.

In that case, how would the FAPS differ from a final peace treaty?

Another motive may be Barak’s urgency to achieve some semblance of progress within the declared timeframe (and, of course before Clinton’s departure from the White House).

The format, then, would in all likelihood take the shape of a broad and ambiguous declaration of intent (similar to the preambles of the DOP and other interim agreements) that will allow each side to give it a different interpretation to appeal to its own public while evading the real and difficult issues.

The US “constructive ambiguity” construct is not the desirable option here given the nature of the issues at stake. (William Empson had described “Seven Types of Ambiguity” within the New Criticism approach to the literary text.)

Such an approach would “buy time” for the complex and excruciating negotiations on the real substance, while making room for more public festivities and photo opportunities to signal yet another “breakthrough” in the peace process.

More significantly, it would also signal the “progress” needed for the trilateral summit in Washington, D.C. (or its suburbs), and for the launching of the intensive and speeded-up talks Camp David-style.

Another dimension would relate to the subjects at hand. Barak would be willing to carry out certain “trade-offs” within the FAPS to make it palatable to the Palestinian leadership.

In exchange for his “concession” of accepting in principle the idea of Palestinian statehood, he would seek to determine its diminished boundaries (no return to the 1967 borders), maintain Israeli settlement clusters, lay to rest the Palestinian refugees’ right of return, and impose Israeli sovereignty over Jerusalem (as we know it) while inventing another Al-Quds for the Palestinians.

For all these scenarios to materialize, three premises must hold true:

The first is that of Palestinian gullibility and/or abandonment of will.

The second is that of Israeli superiority and/or the right to unilateral imposition of terms and realities.

The third is that of the irrelevance and inapplicability of international law and the absence of will in the international community.

It is extremely doubtful that all three would coexist or could be taken for granted.

What should hold true are a vision and a partnership for peace that can lay claim not only to legality but also to justice.

As simple as it may seem, one axiom remains constant: The logic of peace is embedded in removing the causes of conflict.

 
 
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