Category Archives: Israeli – Palestinian Conflict

Two States for Two Peoples Requires Recognizing Israel’s Legal Rights

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{Previously published in The Jerusalem Post}

Ten years ago, I was briefing a senator and her chief of staff about the complex nature of international law regarding the building of Israeli communities, i.e., settlements over the 1949 Armistice line (1967 Line or Green Line), in land claimed by the Palestinian Arab people as their future national home. They thanked me for new information, which surprised me, telling me that the leading pro-Israel groups almost never mention anything about settlements, not even the militarily essential ones in the Jordan River Valley that are supported by many Israelis. So I filled in the blanks.

Does Israel have any legal rights over the 1967 Line?

Is every Israeli settlement over the 1967 line a violation of the international law, including Judaism’s holiest site, the Western Wall?

What does international law say about settlement in non-populated areas of disputed territory acquired in a defensive war?

When I was a guest lecturer in a Middle East Studies class at a major university and when I began explaining what I thought was a straight-forward explanation of UNSC Resolution 242, the basis for all international agreements and negotiations between the Israelis and Palestinians, the Lebanese professor who invited me to speak told me that I mistranslated the text. I said the text said Israel was to withdraw from “territories” it captured during the 1967 Six Day War, the authors specifically leaving out the indefinite article “the” to imply it didn’t have to return from 100% of the occupied area.

The professor said the correct translation in Arabic was “the territories” meaning Israel must completely withdraw, so I retorted that it was written in English, citing the words of the authors of the resolution who explained that it was written purposely without “the,” as they never expected or required Israel to return to the indefensible borders of 1967. He was unpersuaded, but students who came up to me afterward thanked me for adding some gray to the black or white picture the professor had painted regarding Israel and the territories in question.

When US Secretary of State Mike Pompeo recently announced that Israeli settlements are not per se illegal, it touched off a political firestorm with partisans going into their corners citing international law without actually looking at the complexities of the issue or what a non-politicized version of international law actually says.

Whether it is wise for Israel to have their current settlement policy is a different question. But not differentiating between settlements based on security issues like the Jordan River Valley, or rather, as defined by the professor as any Jewish presence over the ‘67 line, which would include the Western Wall of the old Jewish quarter of Jerusalem, makes an eventual resolution of the conflict almost impossible.

Adding to the complexity was President Barack Obama’s parting shot at the end of his term to Prime Minister Netanyahu, with the American orchestration of UNSC Resolution 2334, which declared an Israeli presence of one centimeter over the 1967 line as a “flagrant violation of international law,” contradicting UNSC 242, and hardening the Palestinian position.

SO WHAT does international law actually say about the issue? A recent Democrat-penned letter that garnered more than 100 signatures cited a 1978 opinion by State Department legal counsel Herbert Hansell that said Israel’s settlements violate Article 49 of the 1949 Fourth Geneva Convention, prohibiting the deportation of its civilian population into the disputed area.

What he chooses to ignore is that this prohibition was specifically written because of what the Nazis did during World War II, where they forcibly transferred their populations into occupied lands that they ethnically cleansed of Jews for colonization and for racial reasons. Comparing Israel’s settlement policy to a policy designed to prevent a recurrence of Nazi fascism is not only inaccurate but obscene.

According to Alan Baker, defenders of Israel’s settlement policy have international law on their side, citing Article 80 of the UN Charter, which memorialized the Balfour Declaration, the San Remo Declaration and the League of Nations Mandate for Palestine, granting Israel rights in today’s contested territories over the 1967 Line (West Bank or Judea and Samaria).

In addition, from 1949 to 1967, the area was claimed by Jordan, but the international community, with the exception of Pakistan and Britain, did not recognize that claim. Since the last legal stakeholder of the land was the Ottoman Empire, which had dissolved after World War I, the land was best described as disputed after Israel captured the territory during the Six Day War.

Why is this important even if you believe the eventual resolution of the conflict is two states for two peoples and an Israeli return to the 1967 lines with land swaps, which is what many of those who signed Congressional letter believe?

Because if Israel in a negotiated settlement with the Palestinian Authority is ceded any territory over the 1967 line, whether for defensive reasons or part of a land swap, it will always be viewed as a burglar returning only part of his ill-gotten gains, setting up a pretext for future generations of Palestinians to undermine any settlement in the future.

Israel’s legal rights over the 1967 line must be recognized for there to be a solution to the Israeli-Palestinian conflict. Counterintuitive, yes, but considering the failures of all previous negotiations, it is something that should be championed for those who want both a Jewish state and an Arab state.The writer is the director of MEPIN, the Middle East Political Information Network. Dr. Mandel regularly briefs members of the Senate, House, and their foreign policy advisers, as well White House advisers. He is a columnist for The Jerusalem Post, and a contributor to The Hill, i24TV, JTA, Defense Post, JNS, The Forward and has appeared in RealClearWorld.

Israel’s Self-Inflicted Black Eye

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{Previously published in the JNS}

If Israel had better control of its foreign-policy public relations, lemonade could have been made out of lemons. Instead, the harsh critics of American mainstream media will now be able to depict Israel as being unable to tolerate criticism.

In the aftermath of Michigan Rep. Rashida Tlaib’s rejection of Israel’s offer for her to visit her ailing grandmother, which has completely exposed for all but the anti-Semite her real intentions, it’s important to step back and ask: Was Israel’s initial acceptance and then denial of the congresswomen’s visit to Israel a wise decision? What does it say about Israel’s public-relations strategies?

Brooke Goldstein of the Lawfare Project writing on Fox News said “Israel was wise to deny entry. … These freshmen Democratic congresswomen have built their brands on delegitimizing the Jewish state … (they) would have used a visit to Israel to give themselves an international platform to spew their hate.”

Her description of the congresswomen (Tlaib and Minnesota Rep. Ilhan Omar) may be accurate, but denying them entry seemed unwise. Yes, they intentionally misled Israel regarding their dates of entry as part of a ploy to maximize their media coverage, and their presence would have been a circus for the international media who delight in anything that paints Israel in a bad light.

But denying entry after Israeli Ambassador to the United States Ron Dermer had said that the women would be allowed to enter the country out of respect for the dignity of the office they hold—and not their personal views or policies they advocate—has for many Americans who do not fully understand the complexities of the Israeli-Palestinian conflict turned them into sympathetic figures, despite their odious views.

It has deflected attention from the spotlight that could have been focused on them during their visit, revealing a deep stain of anti-Semitism, and highlighting the frustrations of dealing with a Palestinian leadership under Palestinian Authority head Mahmoud Abbas that turned down more than 100 percent of the disputed land and eastern Jerusalem as its capital in 2007, which was confirmed last year by chief P.A. negotiator Saeb Erekat.

This would have been a perfect opportunity for Israel to make the case that this conflict is not a territorial issue for this generation of Palestinians, but that it’s still an existential issue to destroy the Jewish state entirely.

If Israel had better control of its foreign-policy public relations, lemonade could have been made out of lemons. Instead, the harsh critics of American mainstream media will now be able to depict Israel as being unable to tolerate criticism.

Would it have made a difference?

Gil Troy writing in The Jerusalem Post in 2017 asked if Israel’s bad PR is its own fault. He wrote, “We need Israeli policies that are good, not policies to make Israel look good. … We haven’t explained ourselves well, yet our efforts are doomed. Anti-Semitism, the world’s longest … hatred, persists no matter how brilliant our arguments. … Anti-Zionism grew … during the Oslo peace process, when Israel was conceding territory.”

U.S. President Donald Trump’s advice to Israel to deny entry after Israel had said it would accept the two congresswomen was well-meant, but counterproductive. Israel should have politely rejected his advice, while thanking him for his extraordinary support of the Jewish state.

As Jonathan Tobin writing in JNS said, “This is a moment when Prime Minister Benjamin Netanyahu should have not only sought to establish a little distance between his government and the White House but also ignored the advice coming from the Twitter account of @realDonaldTrump. … Banning members of Congress, even anti-Semitic BDS supporters … is a grave mistake that will only help Israel’s foes.”

The president intentionally or not, interfered in Israeli politics during an election season, which will be counterproductive and a distraction from Israel’s real issues. This was an opportunity for Netanyahu to show some independence, while keeping the ever strained bipartisan U.S. support for Israel in Congress from being damaged.

As Herb Keinon of The Jerusalem Post wrote, “This will force Israel’s friends in the Democratic Party to condemn it, and it could impact on the positions presidential candidates will now take on Israel in the debates.”

The congresswomen’s trip was a no-win situation for Israel—a choice between bad or worse. However, Israel‘s vibrant democracy could have easily withstood these Israel-haters.

Was Israel’s action not to allow these women to visit Israel legal? Yes.

According to Professor Eugene Kontorovich  of the George Mason University School of Law, “As someone one who has argued that Israel should admit Omar and Tlaib, I must also say that the decision to bar them is legitimate. … Countries routinely deny visas to those with extremist views. The U.S. excludes people for ideologies fundamentally hostile to the U.S.”

But was it a wise decision? I think, on balance, not.

Dr. Eric R. Mandel is the director of MEPIN, the Middle East Political Information Network. He regularly briefs members of the U.S. Senate, House and their foreign-policy advisers. He is a columnist for “The Jerusalem Post” and a contributor to i24TV, “The Hill,” JTA and “The Forward.”

Israelis and Arabs Say One Thing in Public and Another Behind Closed Doors. Politicians and Pundits Need to Understand the Difference.

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{Previously published in the JTA}

By the end of this year, my research and travels in the Middle East will have brought me through Bahrain, Abu Dhabi, Dubai, Israel, the Palestinian territories, Jordan and Kurdistan, as well as many visits to Capitol Hill.

What I’ve learned from security, defense and intelligence officials is this: When Israelis and Arabs talk off the record, what they say differs markedly from their public statements. America policymakers are too often unaware of what Israeli and Arab experts and official say behind closed doors, even to one another.

This may not come as much of a surprise, given the global diplomatic crisis that resulted from the 2010 Wikileak of diplomatic cables. But it does mean that the American public, not to mention elected officials, are often ignorant of the full breadth of information needed to understand the most important issues going on in the Middle East. 

As Jonathan Spyer, a leading Middle East analyst, told me after his most recent travels, “It’s very important for Western policymakers to be aware that leaderships and elites throughout the Arab world today find a great deal of common ground with Israel on the issues of the Iranian and Sunni Islamist threats.”

“To an increasing extent,” he continued, “they are also weary of Palestinian intransigence and see Israel as a model for successful development. Much of that, however, cannot be said openly by these leaders because this does not reflect the views of parts of the societies of the leaders in question, where Islamist and/or Arab nationalist sentiments continue to hold sway.”

Today, despite some public lip service to the Palestinian cause, the Sunni Arab world knows that the Israeli-Palestinian conflict is at most a “side issue.”

Incitement and scapegoating may have political advantages for authoritarian regimes, but it undermines forging people-to-people relationships and the acceptance of Israel as a permanent part of the Middle East.

I recently interviewed an Israeli military intelligence expert who had just returned from private meetings in Europe with Arab and EU officials. He told me that behind closed doors, their analysis of the Middle East, including Iran, is often light years away from the public rhetoric offered by European — and to a lesser extent, Arab Sunni government officials — to their citizens and the world at large. 

When politicians or pundits make foreign policy critiques, unaware of what is discussed privately between insiders in the Middle East, the public is misinformed.

Most Americans don’t realize that the conflicts of the Middle East are primarily tribal and religious in nature, and that the primary allegiance is not to modern states artificially constructed by the West 100 years ago, something Arabs and Israelis know all too well.

Too many Americans fail to realize this, but insiders know that if there were no Israel, the Shiites would still hate the Sunnis, Iran would still aspire to hegemony, Turkey would still be an unreliable NATO ally and Libya and Yemen would still be chaotic.

It is this American blind spot that attempts to recreate nation-states like Iraq, Syria and Afghanistan, and undermines America’s ability to foster stability in nations where rule of law and the primacy of clan don’t follow a Western path. 

Some European officials, who vociferously defend the Iran nuclear agreement publicly, privately acknowledge the dangers of the Iranian revolutionary theocracy that acts against their values, from the hanging of gays to the Iranian complicity in the Syrian genocide, the ethnic cleansing of Sunnis in Iraq and Syria and the population transfer of Shiite families from Pakistan, Iraq and Afghanistan into Syria.

Europeans have long tried to have it both ways, appeasing illiberal Middle Eastern states and actors in the hope that terrorism won’t land on its shores, while rhetorically taking a value-based foreign policy position that ignores the worst players in the region while saving all of their criticism for the only democracy that shares their values.

My own work in Congress over the years has consisted of private, off-the-record briefings. In private meetings, when you are trusted by members and their foreign policy aides, conversations of substance can take place. Ideas and observations that normally wouldn’t see the light of day are discussed, which hopefully translates into a better-informed and nuanced policy proposals. 

Quantifying the success of private meetings is sometimes hard to judge. But when a leading member of the Senate uses my notes to prepare himself before going on “Meet the Press,” or I am asked for ideas for new legislation or for my opinion regarding pending legislation, I consider that a measure of success.

Unfortunately, we Americans are in our own echo chambers, not challenging ourselves to see the merits of other uncomfortable positions, afraid to express contrary points of view if they don’t reflect our party’s talking points. In our conversations, whether in Washington or on social media, you are defined as evil if you challenge a politically correct narrative that undermines the alleged victims of Western perfidy.

It is common today to unfriend people whose viewpoints do not corroborate one’s own world view. Removing oneself from the opportunity to engage in dialogue that conflicts with one’s own perspective makes it easy to delegitimize any differing viewpoints and creates an increasingly more insular social media community.

In Washington, I was in a closed-door meeting in Congress when a legislative aide told me that the member agreed with my analysis regarding Palestinian intransigence, corruption and funding of terrorists, but he had advised the member not to publicly express that opinion — it would endanger the member’s chances of moving up to a leadership position because it challenged the party’s current narrative.

On both sides of the aisle, I have often tried to bring offices together to work on shared interests in the Middle East, and more times than not, politics wins over policy. We are reluctant to upset the simplistic echo chambers we have created.

It would be illuminating for American policymakers if they could hear what is said privately about the Middle East among intelligence, security and defense officials. 

Not making an attempt to understand the Middle East beyond the talking points of like-minded sources is a prescription for America to get dragged into another Middle East war in the not-too-distant future.

When the gap between public policy statements and a fully informed politician is wide, the chances for miscalculation leading to dangerous policy recommendations greatly increases. The pieces of the Middle East puzzle do not fit into a Western frame, and we ignore this at our peril.

Eric R. Mandel is the director of MEPIN, the Middle East Political Information Network. Mandel regularly briefs members of the U.S. Senate, House and their foreign policy advisers. He is a regular columnist for The Jerusalem Post, and a contributor to i24TV, The Hill and the Forward.

What should be done with UNRWA?

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{Previously published by The Jerusalem Post} 

Hady Amr, former Obama State Department deputy special envoy for Israeli-Palestinian negotiations, wrote in The Hill that the administration’s defunding of the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) undermines a “cornerstone of America’s support for stability in the Middle East and flagship of our values to provide for the most vulnerable… UNRWA is so in-sync with our (American) values that American citizens directly donate millions of dollars to UNRWA.”

While it is true that UNRWA provides important health services to Palestinian civilians, Amr chooses not to comment about the State Department designated Hamas group’s infiltration of UNRWA facilities in Gaza, or UNRWA teachers glorifying terrorism, or UNRWA refusing to take off its rolls the two million Palestinians living as full citizens of Jordan. He also ignored a 2013 UN audit that found UNRWA vulnerable to “misappropriation, graft and corruption,” while a Newsweek op-ed in 2016 asked, “Why Are American’s Paying for (UNRWA) Antisemitic Textbooks?”

UNRWA considers Palestinians living in the West Bank and Gaza as stateless refugees, despite the fact that they are already living in the land the international community says will be their eventual state. The problem is that the Palestinians living in the West Bank (Judea/Samaria) and Gaza, as their “Mass March of Return” clearly states, consider themselves refugees from today’s Israel within the 1949 armistice line, demanding an unlimited right of return that UNRWA’s mission advocates for and which would effect the demographic destruction of Israel.

According to James Lindsey, UNRWA’s own general council from 2000 to 2007, “More than two-thirds of the registered refugees have moved out of refugee camps and into the general population of the countries or areas in which they live.” Yet UNRWA still adds “10,000 new fifth- and sixth-generation refugees to its lists per month” according to the Institute of National Security Studies at Tel Aviv University.

Stephen Rosen, writing in the Middle East Forum, said that the “‘Right of Return’ symbolized by UNRWA’s very existence, is a sacred issue to Palestinians.”

During a discussion last month with a current Middle East State Department official, I recommended that if you truly want to advance a resolution of the Israeli-Palestinian conflict and not perpetuate it, you need to change UNRWA’s mandate allowing every descendant of an original Palestinian refugee from 1946 to 1948 to claim an eternal refugee status.

What must be clearly differentiated, but too often is treated as one issue, are UNRWA’s definition of refugees, which is counterproductive to resolving the Israeli Palestinian conflict, and the important humanitarian aid it provides, which as Amr and many in the IDF and within the Israeli government believe, is an essential stabilizing force. Let’s leave aside that much of this is self-inflicted by Hamas rule in Gaza, and by 70 years of discrimination against Palestinian refugees in Lebanon and Syria

As happens so often with today’s hyperpolarized politics and Middle East analysis, the discussions about UNRWA are fraught with half-truths and historical revisionism.

According to a news article in the Washington Post, “Many UNRWA critics appear to believe incorrectly that UNHCR (the refugee agency for every other refugee in the world) does not recognize descendants of registered refugees as genuine refugees themselves. The two organizations have the same definition — giving assistance to those driven from their countries because of a well-founded fear of persecution, war or violence and to their descendants for as long as that status continues.”

This seems to be a half-truth. Although there are descendants of refugees other than Palestinians who are still counted as refugees, the vast majority of refugee populations throughout the world have decreasing populations of refugees over time, as the priority of UNHCR is to find a permanent home for the world’s refugees. Palestinians, on the other hand, have a perpetually growing refugee population, without a single descendant of a Palestinian refugee ever taken off the UNRWA roll.

Two million Palestinians have Jordanian citizenship but are still counted as full-fledged stateless refugees by UNRWA; they would not be considered refugees if they were part of UNHCR. These Palestinians have no “well-founded fear of persecution, war or violence.” In fact, Palestinians constitute the majority of the Jordanian population!

According to UNHCR, “Our ultimate goal is to find solutions that allow them to rebuild their lives. Many refugees cannot go home… UNHCR helps resettle refugees to a third country.”

UNRWA refuses to help any Palestinian resettle outside of Israel. It will only remove Palestinian refugee status voluntarily, which does not follow the UNHCR vision, but instead is in lockstep with the Palestinian Authority agenda that does not want a single Palestinian anywhere in the world taken off its census, which works directly against a resolution of the conflict. It is essential to those who wish to destroy the Jewish state that the “refugees” and their descendants not disappear from the news by becoming anything other than displaced persons, instead of living as citizens of Arab or other countries.

PA President Mahmoud Abbas’s office accused the Trump administration of “stripping millions of Palestinians of their refugee status” because it would negate the true agenda of the PA and Hamas, which can never accept a state of the Jewish people with full minority rights living in peace next to a totally Judenrein state of Palestine in today’s West Bank and Gaza.

If this weren’t the truth, then Abbas would have accepted the Israeli offer in 2008 for a Palestinian state on 100% of the territory with land swaps, east Jerusalem as its capital, and continued Muslim control of the Temple Mount.

There is also the hypocrisy of UN refugee agencies ignoring the millions of Jews descended from the 750,000 Jews who lived in Arab countries for millennia, who were expelled from their native lands in response to the creation of Israel.

Those Jews who had all their property confiscated by Arab governments aren’t counted by any UN agency, but an Arab migrant worker who came from outside the British Mandate area and happened to live for two years in Mandate Palestine between 1946 and 1948, is counted to this day as a refugee, as well as the hundreds of thousands of his descendants who are entitled to indefinite UNRWA services.

Emphasizing the absurdity and danger to American interests of continued funding of UNRWA without a change in its definition of refugees is indeed a step toward destabilizing the current unsustainable situation, a step away from funding the Islamist desire to destroy Israel, and a step toward a genuine peace.

Let the Palestinians have a normal economic life, exchanging productivity with their neighbors, including Israel, to everyone’s benefit, instead of maintaining a desolate state of war, propped up forever by foreign aid, with the corruption that it almost always entails. Palestinian “refugees” receive more aide than any other refugees in the world.

America can find another way to support legitimate humanitarian aid to Palestinian civilians, while insisting on reform of their anti-Israel, anti-peace, anti-American educational system.

Alternatively, the international community could also simply demand that Hamas stop firing its rockets against Israeli civilians over the internationally recognized Gaza-Israeli border and stop attacking the very checkpoints that bring humanitarian aid into Gaza. Israel would then happily open its borders to trade, give humanitarian help, set up desalination plants and move toward an equitable final resolution.

The writer, director of the Middle East Political Information Network, regularly briefs members of the US Senate, House and their foreign policy advisors. He is a regular columnist for The Jerusalem Post, and a contributor to i24TV, The Hill and The Forward.




What Palestinians Mean When They Talk About A ‘Two-State Solution’

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{Previously Published by Forward.com}

At a recent campaign-style rally, President Donald Trump said that Israel is going to have to pay a “higher price” in future negotiations for his recognition of Jerusalem as Israel’s capital. The Palestinians, he added, “will get something very good, because it’s their turn next. Let’s see what happens.” Whether this was an off-the-cuff remark or preparation before his long-anticipated grand strategy to solve the Israeli-Palestinian conflict, this or a future administration will again be pressuring the parties to accept its version of a two state solution.

To American ears, the meaning of “two states” is unambiguously straightforward. The struggle between Israel and the Palestinians, to them, is a struggle between two indigenous peoples fighting over the same space of land in which they share a history. A fair solution, then, would be one in which Israel is the state of the Jewish people, and alongside it will exist a separate Palestinian State.

But in the Middle East, nothing is easily understood or obviously clear. American negotiators, many American supporters of Israel and Israelis themselves use the term “two states” believing its definition is self-explanatory and accepted by all parties — but this is far from the case.

To Palestinians on both sides of the green line, “two states” is a capitulation that would leave one small state, Palestine, for indigenous people, and one state, Israel, would be given to the oppressive foreign colonialists.

Shlomo Avineri, a well-respected Professor Emeritus of Political Science at the Hebrew University, outlined this view in a 2015 column for Haaretz:

“According to the Palestinians’ view, this is not a conflict between two national movements but a conflict between one national movement (the Palestinian) and a colonial and imperialistic [sic] entity (Israel). According to this view, Israel will end like all colonial phenomena — it will perish and disappear. Moreover, according to the Palestinian view, the Jews are not a nation but a religious community, and as such not entitled to national self-determination which is, after all, a universal imperative.”

Of course, the natural conclusion of this view is that the American conception of “two states for two peoples” is not a fair or an acceptable solution. From my extensive experience speaking with Palestinian leaders and laymen alike, I have come to learn that the Palestinian version of the two state solution leaves no room for a Jewish state.

This year, I lead an in-depth seminar in Israel trying to understand what Palestinian citizens of Israel want in the 21st century.

To almost all Palestinian citizens of Israel I spoke with, from Arab mayors to teachers, a state of the Jewish people is illegitimate in their eyes; Zionism is a colonizing enterprise of Jews stealing Arab land. Judaism, to them, is exclusively a religion, without a legitimate civilizational or national aspirational component. They view the Jewish historical claim to the land as fictional and Zionism as racism.

Their idea of a fair “two state solution” is one completely Arab state in the West Bank and one democratic binational State of Israel that allows the right of return for descendants of Palestinian refugees. It is a “two state solution,” but not the one American Jews would recognize or Israel could survive.

I asked these Palestinian citizens of Israel if, were they to have every economic advantage Jewish Israelis have, even without performing any compulsory civil service, would they then consider Israel a legitimate democracy. Almost all said no: not until the Jewish star is removed from the flag, Hatikvah is no longer the national anthem and the right of return for Diaspora Jews to Israel is rescinded.

In 2011, Fatah Foreign Relations Chief Nabil Shaath was very clear: . He said, “the story of ‘two-states for two peoples’ means that there will be a Jewish people over there and a Palestinian people here. We will never accept this… we will never agree to a clause preventing the Palestinian refugees from returning to their country.”

Today in American politics, some candidates have abandoned any façade of a fair two state solution. The first Muslim American Congresswomen from Michigan, Rashida Tlaib, told Britain’s Channel 4 that she would “absolutely” vote against U.S. military aid to Israel, and declared that she believes in the ”one state” solution, i.e. the demographic destruction of Israel.

There is little doubt that future American administrations will re-attempt negotiations with the Israelis and Palestinians in hopes of achieving some form of a two-state solution. But it would be wise, before proceeding, to have both parties sign an agreement that at the end of the negotiations, one of those states must be the State of the Jewish people, with the final resolution including a signed end-of-conflict agreement that unambiguously states that 100% of all Palestinian claims to that state are settled.

The security of Israel, and the future of a Jewish state in the Middle East, depends on it.




Can Trump’s Peace Plan Avoid the Pitfalls of Previously Failed Negotiations? 

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{Previously published in The Jerusalem Post}

Has the Kushner/Greenblatt peace initiative learned from the mistakes of previous negotiation efforts?

The long-awaited Trump peace plan to end the Israeli Palestinian conflict is finally ready for its unveiling in June, coincident with the end of the Islamic holy month of Ramadan.

American presidents for generations have been grasping for the elusive gold ring of a final solution to the conflict.

Whether out of a misguided belief that all the problems of the Middle East revolve around the conflict, or a sincere desire to solve one of the world’s most intractable conflicts, American efforts more times than not have worsened the situation.

The failures have not lacked for effort, especially on the part of Bill Clinton and his inexhaustible determination at Camp David and Taba in 2000 and 2001. Unfortunately, that failure laid the groundwork for the Second Intifada – the profound unintended consequence of which was to convince many Israelis who really believed in the possibilities of peace offered by the Oslo agreement that Israel will never have a Palestinian partner it can trust.

Has the Kushner/Greenblatt peace initiative learned from the mistakes of previous negotiation efforts? Can they offer a different course, perhaps incorporating the fleeting window of opportunity offered by the new confluence of interests between America, Israel and the Sunni Gulf states, to move the negotiations forward? Here are some of the conventionally accepted wisdoms for solving the Israeli-Palestinian conflict that should be avoided: 1. Believing this conflict is primarily territorial. If it were, the conflict would have been resolved as recently as 2007, when Israel offered 100% of the territory with land swaps and east Jerusalem as their capital, but was dismissed by Palestinian Authority President Mahmoud Abbas.

2. Believing the conflict is the key to unlocking the other problems of the Middle East. Even if Israel did not exist today, almost all of the Middle East’s problems from the 1400-year-old Sunni- Shi’ite divide to the quest for Iranian hegemony would still be raging.

3. Believing you can make peace without effectively addressing generations of fervent Arab incitement in their media and classrooms that says Israel has no legitimate right to exist in any territorial dimension, with no Jewish historical association to the land.

4. Believing America cannot be a fair intermediary unless it is a neutral negotiator. America can make the effort to be balanced in mediation, but the reality is that Israel is an indispensable security interest, and consistently since its inception, an ally of the United States.

5. Believing the Palestinians subscribe to the Western nation-state model, where in reality Palestinians identify themselves by clan and tribe.

6. Believing financial incentives are the primary lever to influence the Palestinians. It is certainly true in any final peace deal, billions of dollars may be paid the descendants of Palestinian refugees as compensation for not demanding a return to Israel proper, and none to the greater number of Jews who, at the same time, became refugees from Arab lands. But the ingrained Palestinian narrative to this day demands an unconditional return. Although ordinary Palestinians are one of the most subsidized people in the world, the Palestinian leadership’s primary grievance, the existence of Israel, will not be addressed simply by monetary compensation.

7. Believing this is the last opportunity to end the conflict. It is not.

President Abbas is in very poor health and anything he signs will be suspect the minute he passes on.

That is why any new peace initiative must include an “end-of-conflict agreement” as the agreed goal of all parties. Israel cannot be asked to make territorial concessions endangering its security, without knowing the result is to be such an agreement. If the Palestinians are unable give up all further claims, which is what an “end-of-conflict” agreement is, then Israel should only be asked to make modest concessions for a stable long-term ceasefire.

It is not in America’s interest to pressure Israel to give up large portions of territory, if the Palestinians are only, as in the past, looking to use this as a step to eventually conquer all of Israel.

This is something American negotiators – from Nixon/Rogers, to Bush/ Baker, to Clinton/Ross, to Bush/Rice, to Obama/Kerry – never understood and appreciated.

ANY SUCCESSFUL initiative will need to answer the following questions in order to achieve a true end-of-conflict agreement.

1. Can Israel accept a Palestinian capital in Jerusalem?

2. Can the Palestinians accept Israel’s minimal demands for a demilitarized state, no right-of-return, Israeli control of Jordan River Valley and control of airspace.

3. Does Israel have the will to remove tens of thousands of its citizens from the West Bank (Judea/Samaria) who live beyond the major settlement blocs and Jerusalem? 4. Has the peace plan been drafted to prescribe how to deal with contingencies that would set the treaty on fire? For instance, suppose there is a Hamas coup in the West Bank endangering not only Israel but also the existence of Jordan. The unspoken secret is that the Jordanian Hashemite monarchy is fearful of the creation of any Palestinian state next door that might empower its Palestinian majority population and destabilize the state, a vital American ally.

You will know that peace has taken root when the Palestinians stop preaching their current defining narrative, which is the nakba (“the catastrophe”), the negation of the Jewish people and Israeli state, and begin celebrating the anniversary of their independence, accepting living in peace next to the Jewish state.

The writer is director of MEPIN™, the Middle East Political and Information Network™. Dr. Mandel regularly briefs members of Congress on the Middle East.

He is a contributor to ‘The Jerusalem Post,’ ‘The Hill,’ and ‘The Forward.’




The Jew-Free State Solution

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{Previously published on Forward.com}

In a recent solicitation email, J Street President Jeremy Ben Ami proclaimed that the “Palestinians are the only party willing to publicly endorse the goal of two states for two peoples.” Referencing Abbas’ speech to the United Nations Security Council, Ben Ami claimed that “Abbas laid out explicit support for the two-state solution and put forward a serious proposal for how to get there.”

He did — if your goal is a Palestinian state ethnically cleansed of every Jew.

When we talk about creating two states for two peoples, shouldn’t we mean a Jewish State of Israel and an Arab State of Palestine living side by side, created through a final status agreement which settles territorial disputes and leaves each state secure and in control of its destiny?

If this is what you mean by a two state solution, President Abbas and the current Palestinian leadership are not your ideal partners. Just listen to Abbas:

In 2014, he told the Arab League, “We will never recognize the Jewishness of the state of Israel.” In 2016 in Sudan, he reiterated that he will “recognize the State of Israel, and that is it. However a Jewish state is not my affair. I will not recognize it at all and I will not accept it.” In December, his chief negotiator Saeb Erekat said Palestinians need to strive to reclaim “historic Palestine, from the river to the sea.”And this January, clearing up any ambiguity, Abbas asserted from the safety of his West Bank compound that the state of Israel is “a colonial project that has nothing to do with Judaism,” and rejected any Jewish ties to the land.

As for accepting Israel’s legitimacy and right to a state, Abbas asserts that Israel’s occupation started in 1948, not 1967. This clearly means that he believes Israel proper to be occupied, not just the West Bank and Gaza.

Abbas’s “serious proposal” calls for Israel to become a binational non-Jewish state with an unlimited right of return for descendants of Palestinian refugees, a clear path to the demographic elimination of a democratic and Jewish Israel. Nowhere in that speech did Abbas call for two states for two peoples.

Abbas’ speech was also notable for its denial of Jewish historical claims in Israel and fanciful claims that the Palestinians are the original residents of Israel, “ the descendants of the Canaanites that lived in the land of Palestine 5,000 years ago and continuously remained there to this day.”

This contradicts the claims of almost all Palestinian tribal clans, who trace their lineage to the Arabian peninsula or Egypt.

Grant Rumley, writing in the Atlantic, said that Abbas’ January speech “ deployed anti-Semitic tropes, undercut the Jewish connection to Israel, and blamed everyone from Oliver Cromwell to Napoleon to Winston Churchill for Israel’s creation… Frustration, it seems, has led Abbas to reveal his true colors.”

Abbas again calls Israel an apartheid state, and yet the Palestinian Arab state he wants to create must be a Judenrein, free of Jews. In Israel, 20 percent of the population is Arab — they have full voting rights, freedom of speech and government supported Arab schools.

Making Abbas something that he is not is both disingenuous and dangerous to Israel’s existence. The claim that Abbas is the best, last chance for Israel to have a moderate partner is doubtful.

Claiming Abbas is for two states for two peoples is simply untrue. It may be a pro-Palestinian position, but it is definitely is not a pro-peace, pro-Israel position.

Dr. Eric R. Mandel is the director of MEPIN™. He regularly briefs Congress on issues related to the Middle East and is a columnist for the Jerusalem Post.




What do the Palestinian Citizens of Israel Want?

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{Previously published in The Jerusalem Post}

While the world’s focus has been on the intractable Israeli-Palestinian conflict, the assumption has been that dealing with the needs of Arab citizens of Israel would be eminently easier.

What do Israel’s minority citizens want? That was the question I attempted to begin to answer with my annual MEPIN/Keshet seminar group, assessing the challenges and progress of Israel’s 20% minority population, consisting of Arab Muslims, Arab Christians, Aramaic Maronites, Druze and Beduin.

We visited and met with academics and school children, Israeli government officials and Arab mayors, Arab colleges, a leading demographer, teachers and human rights organizations, and that was just the tip of the iceberg. Today’s Israeli Arabs self-identify as Palestinian Israelis, or more precisely as Palestinian Citizens of Israel (PCI).

To deny that PCIs have faced discrimination in allocation of government funding, infrastructure, and employment opportunities would be to deny reality.

As Yossi Klein Halevi told us, “Palestinian Israelis have a profound sense of dislocation, humiliation, and grievance going back to 1948.

Palestinian Israelis are conflicted, as the country they reside in is at war” with their brothers over the Green Line.

I had thought that the concerns of PCIs were eminently more solvable than those of their Arab brothers living over the Green Line in the Israeli-Palestinian conflict. A recent poll of PCIs did favor a two-state solution, but here the semantics really matter as a window into the perspective of PCIs. For Palestinian Israelis, “two states” means one Palestinian state in the West Bank with no Jewish citizens, and the current State of Israel as a non-Jewish state for Arabs and Jews.

PCIs I met on this visit said Israel would never be a democracy until Israel ends the Jewish nature of the state and the Jewish right of return for Jews living in the Diaspora.

Yet paradoxically, recent polls of PCIs showed that over 50% are proud to be Israeli. So how do you unpackage these contradictory facts? I was expecting to find an Arab populace that saw a future for themselves in a Jewish state, and that despite the current economic inequalities, if the gaps continue to narrow, there would be an appreciation and acceptance of living in the only democratic state in the Middle East, imperfect as it for its minority citizens at this time.

When I asked Palestinian Israelis, if all the economic inequities were magically erased, would they then accept living in a Jewish state accepting the responsibilities of minority citizens? None said yes.

The narrative of too many well-meaning Jewish organizations and rabbis, who tell their members that PCIs just need economic equality and will then see themselves as being full partners of a Jewish state, may be far from the truth.

While the world’s focus has been on the intractable Israeli-Palestinian conflict, the assumption has been that dealing with the needs of Arab citizens of Israel would be eminently easier. After all, Israel’s minority citizens, despite the economic inequalities, have freedom of speech, religion and the press, access to the Supreme Court, 15 Muslim Knesset members, and are freer than any other Arab citizens in the region.

Through Western eyes, economic advancement is the key issue to solve to have, if not loyal citizens of a Jewish state, ones who comfortably accept living as a minority in a Jewish state.

What I learned troubled me. With the exception of the Druze and the Christian Aramaic communities, Palestinian Israelis today do not believe Israel can ever be a democracy unless it ceases to be a Jewish state, in essence a binational state. Too many PCIs believe Judaism is only a religion, not a legitimate national movement of a people entitled to a national home. Zionism to them is racism. Compared to 15 years ago, my impression is that today’s Palestinian Israelis have become more strident as their identity has become more Palestinian.

Even if Israeli Arabs were to become economically equal to Jewish citizens, it will never be enough to satisfy their basic demands, namely the dismantlement of the Jewish nature of the state; until then they are unwilling to accept the responsibilities of full citizens.

Palestinian Israelis complain about job discrimination because employers favor Israelis who serve in the military.

But when presented with the option of compulsory non-military civil service to match fellow Jewish citizens, evening the playing field for employment opportunities, they overwhelmingly rejected that option. There was almost no acknowledgment that they too have responsibilities as Israeli citizens and they were uninterested in meeting the Jewish majority halfway, as they see the problems as primarily ones of Jewish discrimination.

The narrative of the Palestinian Israeli is that the Jews are racist, while the Palestinians are a people who have suffered the indignity of the being displaced by the interloping Jews, with the underlying conviction being that Jews have no right to be anywhere from the Mediterranean to the Jordan river Valley.

So where do we go from here? ALTHOUGH ISRAEL has not fulfilled all its obligations to its minority citizens over the years, under the current coalition government more has been done, and more funds have been committed to the minority population than ever before. Arab mayors I met with, who are no fans of this Israeli government, readily admit that the current government has begun to narrow the gaps of economic inequality with more balanced funding for infrastructure and education.

But the challenge of the PCI education system goes way beyond funding. Too many Palestinian Israeli schools willingly choose self-segregation.

The Israeli educational system, which funds at least four different school systems, allows for self-imposed segregation.

While Jewish secular schools seem willing to partner for co-existence projects, PCI schools prefer to isolate themselves as there is little desire to interact with Jewish students in a shared educational experience, undermining the Western perspective that integration of minority communities with the majority population will lead to better co-existence. It is no wonder that when well-qualified Palestinian Israeli graduates apply to jobs with Jewish employers, both groups eye one another with suspicion.

There are exceptions, like the Hand-in-Hand schools where Israeli and Arab students learn together in a 50:50 setting. Unfortunately in a nation that is 80% Jewish and 20% Arab, this model would need to be adapted to acknowledge the demographic reality. The problem still is, do PCI parents in large numbers want their children segregated, or to be a minority in majority Jewish classrooms? With regard to the Israeli- Palestinian conflict, we often say that the maximum Israel can offer the Palestinians will never meet the minimum requirements the Palestinians of the West Bank can accept to resolve the Israeli- Palestinian conflict.

We now also need to ask ourselves a similar question about the Palestinian Israelis.

Suppose that the maximum Israel can offer Palestinian Israelis – full rights, recognition of their Arab identity, and economic empowerment, while simultaneously accepting the responsibilities of living as minority citizens in a Jewish state – doesn’t meet the minimum PCIs can accept, namely the eradication of the Jewish nature of the State of Israel? Yossi Klein Halevi told us, “We need a serious conversation about rights and responsibilities between Arabs and Jews.” His new book Letters to My Palestinian Neighbor begins to address these difficult conversations, which he says will make both the Left and the Right uncomfortable.

There is plenty Israel needs to do to for its PCIs. Israel has recently stepped up and now 20% of the relevant budget goes to Arab communities, and 40% goes for transportation in Arab communities.

Israel should set up programs to teach Arabic in its Jewish schools, for both inclusiveness and security.

But until the PCIs realize that they too have responsibilities as minority citizens of the state, progress will be slow. Educational opportunities are key for advancement, and even in the poorer sectors, such as the Beduin, real progress and even innovation are occurring in this regard.

Israeli Arab Christians matriculate to university at a higher rate than Jewish Israelis.

An accomplished Muslim Arab judge in Israel told us that to succeed as a Palestinian Israeli you must be the best of the best. Yet he acknowledged that part of the reason is that Arab university graduates are disadvantaged because they do not join the military or have compulsory civil service. His words should be taken to heart by the PCIs.

This is a key to solving so many of their complaints, but the Palestinian Israelis have chosen to throw away the key rather than unlocking the door to addressing economic inequality. They must get past blaming the Jewish state for all of their problems.

You can’t complain you aren’t getting your fare share when you refuse to do compulsory civil service to match the time young Jewish citizens give to the nation.

There are certainly individual exceptions and whole fields with full equality, especially in medicine. The catch 22 is that Arabs want what Israelis have materially and educationally, but do not want to become full citizens if that requires living in a Jewish state.

Even in the truly innovative educational situations I witnessed in Arab education that lead to improved Arab educational advancement, the goal is to strengthen Arab society, not to co-exist or find their place with a Jewish majority.

This is a counterproductive and a shortsighted strategy that will perpetuate Arab disenfranchisement.

Arab economic disenfranchisement will also not improve until the misogyny in Arab society subsides, letting the majority of Arab women work, so that their socio-economic status won’t continue to stagnate.

The Palestinian Israeli narrative is similar to that of their Palestinian brethren over the Green Line, seeing the Jewish presence as the cause of all of their troubles. A people needs a shared vision that is more than the dream of the destruction of the other, and the lamentation of tragedies that have befallen them.

Palestinian Israelis refuse to acknowledge the dilemma they put Jewish Israelis in when they choose to align themselves with the enemies of the Jewish state. Although they are a minority within Jewish Israel majority, they are also aligned with the majority of Arabs and Muslims that surround Israel and threaten its existence.

The harshly critical human rights organization Adalah told us Israel couldn’t be a Jewish and democratic state.

It says PCIs cannot be protected as Palestinian Israelis if there is Jewish privilege, and until the Jewish Law of Return is ended. If PCIs continue to embrace this Adalah narrative, it’s a sure path to perpetual conflict.

Hopefully Palestinian citizens of Israel will choose a better and wiser path by embracing educational opportunities that include co-existence, accept full non-military civil service post high school, and accept the responsibilities of being a minority population in a majority Jewish state.

There is a way forward, but it is a two-way street.

The writer is director of MEPIN™, the Middle East Political and Information Network™. He regularly briefs members of Congress and think tanks on the Middle East. He is a regular contributor to The Jerusalem Post.




The West’s Refusal to Recognize the Religious Basis for the Israeli Palestinian Conflict

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{Previously published in The Jerusalem Post}

A future Palestinian state will have Islam as the dominant aspect of its governing system, despite Western wishful thinking to the contrary.

Every few years, like clockwork an American administration comes along that thinks it can solve the Israeli-Palestinian conflict, while politicians and pundits annually march through the halls of the AIPAC national meeting talking about a two-state solution with security for Israel. Their motivations are genuine, but they can’t seem to learn the lessons of previous failures. This is especially important now, as US President Donald Trump seems bent on solving this heretofore- intractable conflict.

To many Americans, Jews and Arabs are simply fighting over territory, so the logical answer is to simply divide the land. This has been the strategy for over 100 years. But this approach ignores the fact that this dispute, like so many others in the Middle East, is primarily a war of Islamic religious supremacy.
The path to peace is not one a cartographer can delineate. We need to understand the ideological reasons why simply dividing the land has received consistently negative Palestinian responses despite offers of 100% of the territory, with land swaps. Until that understanding takes hold in the Western diplomatic mind, negotiations will continue to fail, promises will continue to be broken and violence will continue to follow.

As Anshel Pfeffer wrote in The Guardian a few years back, “Accepting that the Israel-Palestine conflict is also a bitter religious war runs counter to the international community’s preferred solutions… which is a central reason that none of these solutions have worked.”

America for decades has refused to recognize the obvious: in the Muslim and Arab world decisions are not based on Western democratic standards.

There are no secular Arab states. In the Arab world there is no separation of church and state. The last secular Muslim state, Turkey, has become Islamized over the past 14 years.

A future Palestinian state will have Islam as the dominant aspect of its governing system, despite Western wishful thinking to the contrary.

Hamas is an Islamist regime that bases its desire to destroy Israel on Islamic texts and the Muslim Brotherhood interpretation of a worldwide caliphate.

But is today’s Palestinian Authority really so secular compared to Hamas, as the UN, EU and the US State Department claim? If you examine statements by PA political and religious leaders, and from its state-sponsored television, the reality is quite different.

To counter Hamas’ popularity, the PA has Islamized the conflict over the past 20 years. Secular PA President Mahmoud Abbas speaks of jihad and Jews overtaking al-Aksa Mosque, with the aim of motivating and enrage Palestinians, deflecting attention from the failings and corruption of the PA .

In 1979 the Iranian revolution showed both Sunnis and Shi’ites that Islamism, not secular Muslim nationalism, is the winning formula. Over time, the corruption of the secular PLO /PA /Fatah and their failure to end the “occupation” of Muslim lands all combined to transform secular Palestinian society toward Islamist nationalism.

According to Palestinian Media Watch, the PA preaches “Ribat, an uncompromising Islamic obligation… to liberate land said to be Islamic.

Israel is considered to be Islamic land that must be liberated for Allah… The tragic conclusion is that the Palestinian Authority has adopted and is teaching its people the messages of radical Islam.”

President Abbas appointed Sheikh Muhammad Hussein as mufti, the most senior religious leader in the PA.

Hussein said, “The land of Palestine is Wakf. It must not be relinquished nor must any part of it be sold… It is the duty of the leaders of the [Islamic] nation and its peoples to liberate Palestine and Jerusalem.”

Bewilderingly, the Trump administration may also be approaching the Israeli-Palestinian conflict emphasizing the territorial aspects while sidelining the primary Islamic root cause of the conflict.

When speaking to the West, the Palestinians have perfected the art of doublespeak, telling Americans that if only Israel returns the stolen land over the “67 border” all will be well, as the conflict is just about territory.

Trump refers to “a great real-estate deal” between Israel and the Palestinians.

But you cannot have an “ultimate deal” if you don’t factor in the primary Islamic roots of the conflict which animate Palestinian Arab choices.

Both the PA and Hamas’ lack of acceptance of Israel as a Jewish state and denial of Zionism as a legitimate national movement are based on Islamic beliefs. Hamas states this clearly. But the West closes its eyes to the Islamist nature of the PA , PLO and Fatah, claiming they are strictly secular movements.

The PA ’s children’s TV programs teach that Jews are “Allah’s enemies – sons of pigs,” or “Oh, you who murdered Allah’s pious prophets,” or “as long as my heart is my Koran and my city… [Jerusalem] is the eternal capital of Palestine.”

If you are really serious about resolving the Israeli-Palestinian conflict, for the sake of the parties involved, and for the security and interests of America and its allies you must acknowledge that Palestinian Arab decisions are judged through the lens of Islamic law, history and tradition.

The author is the founder and director of MEPIN, the Middle East Political and Information Network. He regularly briefs members of Congress and think tanks on the Middle East.