MIFTAH
Thursday, 25 April. 2024
 
Your Key to Palestine
The Palestinian Initiatives for The Promotoion of Global Dialogue and Democracy
 
 
 

"An end to occupation, a just peace in Israel-Palestine: towards an active international network"

Sponsored by MIFTAH and FFIPP

Ladies and Gentlemen

  1. It gives me great pleasure to address such a distinguished gathering at this conference. One of the remarkable characteristics of the evolution of the Israeli-Palestinian conflict during the past decade is the grass-roots mobilization of the common people, academia, non-governmental organizations and institutions of civil society focused on conflict resolution, reconciliation and reaching out to the other. Though this phenomenon has been eclipsed by the official representatives of the parties to the conflict and their versions of political developments, this ‘grass-roots’ track has complemented, and at times, competed with the official one. While they are traditionally referred to as "track two" initiatives, in the Israeli-Palestinian context they merit far greater attention and recognition especially because "track one" could not sufficiently underscore and realize the aspirations of ordinary Israelis and Palestinians. Your presence here today further contributes to the momentum for peace in the Middle East.

  2. The over five decade-long conflict in the Middle East has spawned its own lexicon. Peace has been used by the parties to the conflict along with a variety of adjectives – just peace, durable and lasting peace and a balanced peace. The concept of ‘justice’ is central to the purposes of the United Nations. Article 1 of the UN Charter notes the purpose of the UN as bringing about an "adjustment or settlement of international disputes" through "peaceful means, and in conformity with the principles of justice and international law". Article 2 of the Charter enjoins member states to "settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered". What then, are the principles of justice that have been enunciated by the international community to deal with the Israeli-Palestinian conflict? How have such principles of justice evolved over time?

  3. The international community, while considering the Palestine problem and the termination of the British mandate in 1947, drew up a blue-print of what it considered a just solution in UN General Assembly Resolution 181 (II) of 29 November 1947 : i) creation of independent Arab and Jewish states and a Special International Regime for the City of Jerusalem; ii) adoption of a democratic constitution in each state providing for equal and non-discriminatory rights to all persons and enjoyment of human rights and fundamental freedoms; and iii) provision for an ‘economic union’ including a customs union, joint currency system, common operation of infrastructure, telecommunication and transport networks and non-discriminatory access to water and power facilities. The 1948 conflict and its consequences led to the establishment of Israel as the Jewish state in Palestine. The Arab state as envisioned in UNGAR 181 was not established and the refugee problem was created as a result.

  4. Even as the travails of the Palestine refugees continued, it was not until the 1967 conflict that the various elements of a just solution were revisited by the international community with a greater focus, through the fora of the UN General Assembly and the UN Security Council. The General Assembly in its resolutions had: i) reaffirmed the inalienable rights of the Palestinian people in Palestine, including the right to self-determination without external interference and the right to national independence and sovereignty; ii) recognized that the Palestinian people is a principal party in the establishment of a just and durable peace in the Middle East; iii) recognized that the problem of the Palestine Arab refugees has arisen from the denial of their inalienable rights under the Charter of the UN and the Universal Declaration of Human Rights and called for their repatriation or compensation in terms of UNGAR 194 (III) of 11 December 1948; iv) expressed grave concern at Israeli policies and practices in the occupied territories including acts of collective punishment, arbitrary detention, curfews, destruction of homes and property and deportation; and v) declared Israeli steps to change the status of occupied territories, notably in occupied East Jerusalem, as null and void. The Security Council, charged with the primary responsibility for the maintenance of international peace and security, arrived at a different set of principles for arriving at a "just and lasting peace in the Middle East": i) withdrawal of Israeli forces from territories occupied in the conflict; ii) respect for and acknowledgement of the sovereignty of every state and their right to live in peace within secure and recognized boundaries; iii) guaranteeing freedom of navigation through international waterways in the area; and iv) achieving a just settlement of the refugee problem. Thus, the different mandates and the balances of power in the General Assembly and the Security Council have resulted in different articulation of the principles of justice in addressing the Palestine problem. This situation has persisted until 2002. There were no explicit calls for resolving the dispute through a two-state solution and even the Oslo accords referred only to the ambiguous formulation, first mentioned in the Camp David Frameworks for Peace in the Middle East, of "final status negotiations".

Ladies and Gentlemen

  1. The cycle of violence and counter-violence that has engulfed the West Bank and the Gaza Strip since 2000 has brought about certain fundamental changes in the perceptions of the international community of what constitutes a just basis for addressing the Palestine problem. It is interesting to note that it was the UN Security Council that took the initiative in articulating these positions, considering the spiraling violence in the occupied territories as a threat to international peace and security. The General Assembly meanwhile continued with its earlier stated positions, including on the refugee issue. The principal elements of both of the international community’s approaches are:

    1. an explicit affirmation of a two-state solution in UNSCRs 1397 of 12 March 2002 and1515 of 19 November 2003. The Council affirmed "its vision of a region where two states, Israel and Palestine, live side by side within secure and recognized borders";

    2. taking direct note of the various initiatives by various parties to facilitate the resumption of the diplomatic process for a political settlement and calling on the Israeli and Palestinian sides to implement the same– in UNSCR 1397, the Council called on the parties to "cooperate in the implementation of the Tenet work plan and the Mitchell Report recommendations" and welcomed "the contribution of Saudi Crown Prince Abdullah"; in UNSCR 1402 it called upon both parties "to cooperate fully with Special Envoy Zinni"; in UNSCR 1435 it recognized "the continuing importance of the initiative endorsed at the Arab League Beirut Summit"; and in UNSCR 1515 it endorsed the Quartet’s roadmap to a permanent two-state solution to the Israeli-Palestinian conflict and called on the parties "to fulfill their obligations under the Roadmap in cooperation with the Quartet";

    3. demand for a just settlement of the refugee problem through repatriation or compensation in terms of UNGAR 194(III);

    4. demand for a cessation of all acts of violence including terrorism, provocation, incitement and destruction and to move to a meaningful cease-fire;

    5. expression of concern about the dire humanitarian situation of Palestinian civilians and a call for immediate provision of humanitarian access to ICRC, UNRWA and other humanitarian actors in the occupied territories; and

    6. emphasizing the need to achieve progress on the Israeli-Syrian and Israeli-Lebanese tracks for achieving a comprehensive, just and lasting peace in the Middle East.

  2. The tragic developments since the eruption of the Al Aqsa intifada have facilitated the crystallization of the international community’s opinion that the conflict between the Israelis and the Palestinians will not be resolved either through military means or through terrorism and violence. The original two-state solution of the partition resolution has again reappeared in a modified format after over five decades. For this to happen and for an independent, viable and contiguous Palestinian state and Israel to live side-by-side in peace within secure and recognized borders, Israeli occupation of the West Bank and the Gaza Strip since 1967 and its attendant consequences must end. It is to be noted that Prime Minister Ariel Sharon has forthrightly supported the establishment of a Palestinian state, despite opposition from within his party. He has also publicly acknowledged that Israel cannot continue its occupation of the Palestinian people in the West Bank and the Gaza Strip, notwithstanding the clarification over whether the territories are ‘occupied’ or ‘disputed’.

  3. Even as ending the occupation and establishing a just peace on the lines discussed here is the ultimate objective, what are the challenges in the interim? The most important challenge is to ensure respect for international humanitarian and human rights law. The Palestinians, the refugees in particular, have suffered from statelessness in general, and occupation in particular, in the West Bank and the Gaza Strip. They have been denied the basic freedoms and human rights that are recognized as universally applicable under all circumstances. While Israel denies the de jure applicability of the Fourth Geneva Convention to the occupied Palestinian territory, it insists that its actions must not be measured against the rules of international human rights law contained in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights but by the rules of international humanitarian law. The international community has not accepted this argument and has time and again reaffirmed its determination to judge Israeli actions in terms of both these legal regimes. While Israel has legitimate security concerns, its measures against terrorism and violence must be balanced by respect for basic human rights and guided by the principle of proportionality. Protection of human life, a basic human right, has been violated by both the Israeli military and the Palestinian militants. Since September 2000, 2750 Palestinians and 830 Israelis have been killed, and 28000 Palestinians and 5600 Israelis injured. Five hundred and fifty children have been killed of whom 460 were Palestinian and 90 Israelis. Extrajudicial killings by the Israeli military and suicide bombings by Palestinian militants have only raised levels of frustration and anger and derailed the political process. The time for introspection is now.

Ladies and Gentlemen

  1. UNRWA has for decades dealt with the political vicissitudes of the region and continued to maintain its humanitarian space and implement its mandate of providing essential services to the Palestine refugees and developing their human potential. It has had to face wars, internal insurrections, military occupation of both short and extended durations, and uprisings. Today, in the West Bank and the Gaza Strip, UNRWA’s primary challenge is to continue with its regular and emergency programmes amidst Israeli measures considered by the international community as collective punishment – unprecedented destruction of homes and property, curfews and closures, restrictions on freedom of movement and denial of humanitarian access. The situation is a humanitarian crisis that can be alleviated by a change of Israeli policy. The construction of the Wall/Barrier in the West Bank, continued settlement construction and expansion and talk of unilateral disengagement and annexation of occupied territory erode the hope of eventual statehood as these actions are seen to be creating permanent facts on the ground that would vitiate the creation of an independent, viable and contiguous Palestinian state. The Palestinian and Israeli people have been through a great deal of tragedy and hardship. It is time their leaders and the international community work to fulfill their aspirations to lead normal and peaceful lives. It is my fervent hope that this conference will contribute to that process.

Thank you.

 
 
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