Tag Archives: Palestine

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

{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.

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

{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 Will the U.S. Do if Hamas Wins the Upcoming Palestinian Elections?

A Hamas victory could destabilize the entire region.

This October will mark the first Palestinian election in over a decade.

The previous election, 10 years ago, was a parliamentary election that brought Hamas into power, while this one is a municipal election. Knowing what happened in 2005, why would the corrupt, despised Palestinian Authority risk an election when Palestinians might choose Hamas’s Islamism over Fatah’s cronyism? The answer is that the PA was over-confident that Hamas would boycott this election, as it boycotted the municipal elections in 2012. Now, Hamas could win municipalities in Samaria, literally a stone’s throw from the Israeli center where 80 percent of the Jewish population resides. Hamas is looking now for a foothold in the West Bank, replicating its path to power in Gaza in 2005, and also diverting attention from its failure to provide essential services in Gaza.

Will an American administration and Congress allow American tax dollars to fund Hamas-controlled municipalities, if they win elections there? In 2006, Congress passed the “Palestinian Anti-Terrorism Act,” prohibiting the executive branch from directly funding any Hamas-controlled Palestinian government. But when a unity Palestinian government was announced in 2014 that included Hamas, the Obama administration offered them money, with the excuse that the future Hamas-Fatah government was to be composed of only technocrats, not of the actual murderers of civilians one would label as terrorists.

But more troubling is that a Hamas victory would come at a very sensitive time.

According to Pinhas Inbari of the Jerusalem Center for Public Affairs, “The Palestinian Authority is getting dismantled… every province is going its own way, and Ramallah is losing its control over the entire West Bank.” In Hebron “we have the tribal system getting stronger” and in Nablus, “the refugee camps are taking over the city… spreading anarchy all around.”

Unless Fatah can get its act together at its upcoming Fatah General Congress to beat Hamas, its house is divided between Palestinian Authority President Mahmoud Abbas and his rival Muhammad Dahlan.

Not only are Israel and the US Congress keenly interested in the outcome of this election, but so are Egypt, Jordan and Saudi Arabia. A Hamas victory would be a victory for the Muslim Brotherhood (MB), the enemy of President Abdel Fattah Sisi in Egypt and also of the Saudi royal family. In Jordan the Brotherhood-associated “Islamic Action Front,” a rival of the government of Jordan, is having a rough enough time accommodating millions of Syrian refugees, and could be destabilized by a Hamas victory on its western bank.

Avi Issacharoff of The Times of Israel reported, “The threat to Fatah is real enough that COGAT commander Maj. Gen. Yoav Mordechai… and top Shin Bet [Israeli Security Agency] officials… [have] warned high-ranking PA officials that holding the elections could be a dangerous gamble.”

Some in Israel even favor foreign aid bolstering the PA or even Hamas to avoid having anarchy and civil war next door.

Unfortunately we already know which way Palestinians are leaning. At Palestinian universities, Hamas student leaders defeat Fatah-supported candidates regularly, while opinion polls in both the West Bank and Gaza reveal Palestinian Arabs wouldn’t mind seeing another war against Israel.

So what should Congress do? Some will rationalize that giving American taxpayer money to an organized terrorist entity is the lesser of two evils, avoiding the collapse of the PA, an American foreign policy interest.

But a strong case can be made to withhold aid from anything run by Hamas, which is uncontestably a terrorist organization. The congressional legislation of 2006 makes it clear that the president must certify that “no ministry, agency, or instrumentality of the Palestinian Authority is controlled by a foreign terrorist organization… [and] refrain from financially supporting the terrorist organization Hamas… until Hamas agrees to recognize Israel, renounce violence, disarm, and accept prior agreements… [and] eliminate anti-Israel and anti-Semitic incitement,” which even the PA has never done.

Congress needs to keep the US position clear: we don’t fund terrorist organizations, and Hamas is a terrorist organization.

The author is the director of MEPIN™ (Middle East Political and Information Network™) and a regular contributor to The Jerusalem Post. MEPIN™ is a Middle East research analysis read by members of Congress, their foreign policy advisers, members of the Knesset, journalists and organizational leaders. He regularly briefs members of Congress on issues related to the Middle East.




Susan Rice, the State Department and the U.N.: A Trilogy of Anti-Israel Animus

Today’s VLOG deals with the State Department’s continued use of facts out of context in regard to the Israeli-Palestinian conflict, American credibility in the Middle East, and hostility to Israel within the Obama administration. The VLOG begins with another shocking anti-Israel UN vote that with the exception of groups like UN Watch, fail to ever make it into the reporting of the mainstream media.