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51. The European Union Report on Jerusalem: Distortions and Omissions

Author:
Nadav Shragai
Publication Date:
04-2009
Content Type:
Policy Brief
Institution:
Jerusalem Center for Public Affairs
Abstract:
An imbalanced EU position paper on Jerusalem written in December 2008, and recently leaked to the media, completely ignores Israel's historical and legal rights to its capital. The EU attack refers primarily to the City of David, located just beyond Jerusalem's Old City walls, an area identified by archaeologists and historians as the location of King David's capital some 3,000 years ago. Archaeological excavations took place there during Ottoman rule, as well as under the ensuing British Mandatory rule, and they have continued under Israeli rule as well. About 20 years ago a wave of new, illegal construction by Palestinians began on the site, causing significant and sometimes irreversible damage to the antiquities there. The Jerusalem municipality intends to offer the delinquent residents generous compensation and alternative land in the city. Jerusalem has had a Jewish majority for the last 150 years - at least since 1864. Israel's position in Jerusalem under international law derives from the Palestine Mandate, where the League of Nations recognized "the historical tie between the Jewish people and Palestine," and called "for the establishment of a national home for the Jewish people in Palestine." The 1949 Armistice Agreement between Israel and Jordan did not fix the final boundaries between the parties, but only the lines of military separation at the close of the 1948 war. At the demand of the Arab side, the Armistice Agreement stipulated that it did not serve to predetermine the rights of any party in the final resolution of conflict. In other words, upon the outbreak of the Six-Day War, the 1967 lines enjoyed no diplomatic status. In 1967, Israel agreed to allow the Muslim Waqf to manage the Temple Mount area, with a view toward preventing inter-religious conflict at one of the world's most sensitive sites. This was a huge concession on Israel's part that has never been properly recognized. By doing so, Israel has underscored its intention to assure freedom of access to members of all faiths at all of the holy sites in Jerusalem.
Topic:
Conflict Resolution and Post Colonialism
Political Geography:
Europe, Middle East, Israel, and Jerusalem

52. The Role of Radical Islamic Groups in Israel: Implications for Israeli-Arab Coexistence

Author:
Mordechai Kedar
Publication Date:
03-2009
Content Type:
Policy Brief
Institution:
Jerusalem Center for Public Affairs
Abstract:
Many in the Arab world felt deep humiliation due to George W. Bush. The Islamic view is that Islam came to the world to replace Judaism and Christianity, and all of the sudden comes a religious Christian president and occupies Iraq, the capital of the Islamic Abbasid Caliphate and the beating heart of Arab history. So when Bush left office, this was viewed as a victory for Allah over the modern Crusaders. The core question is to whom does this country belong? According to the Arab narrative, this has been an Arab Islamic state since the days of Omar, the caliph who conquered the country in the seventh century. According to Islamic tradition, he declared that the country between the Mediterranean Sea and the Jordan River is waqf land, meaning it belongs forever to Muslims all over the world, and no one else could ever have it According to Islam, land can only go one way, to become Islamic, and it can never go the other way, just like Spain, Sicily, and parts of the Balkans, which at different stages of history were lands of Islam. This is why Hamas and the Egyptian Muslim Brotherhood cannot even begin to consider recognizing the right of Israel to exist as a Jewish state on the land of Palestine. At the same time, Jews feel that this country belongs to them. From the Jewish perspective, this country was populated by Jews and two Jewish kingdoms were here until 1900 years ago. We Jews were expelled with no justification and we came back to our country. This is what gives justification to the Jews having our state here and not in Uganda, Argentina or Birobijan. It even appears in the Koran that this country had been given to the Jews. In 2006 a document approved by the Committee of Arab Local Authorities in Israel - entitled: "The Future Vision of the Palestinian Arabs in Israel and their Relations with the State" - opened with the statement: "Israel is the outcome of a colonialist action which was initiated by the Jewish-Zionist elites in Europe and in the West." To call Israel a colonialist state means a total denial of Jewish history, and echoes the Islamic approach to Jewish history. According to this approach, since Islam came to the world in the year 622 CE with the hijra of Mohammed from Mecca to Medina, all of history before that time lost any meaning or significance.
Topic:
Conflict Resolution, Political Violence, Islam, Terrorism, and Territorial Disputes
Political Geography:
Middle East, Israel, and Arabia

53. The Future of the Two-State Solution

Author:
Giora Eiland
Publication Date:
02-2009
Content Type:
Policy Brief
Institution:
Jerusalem Center for Public Affairs
Abstract:
While the outlines of a two-state solution are generally known, the maximum that any government of Israel will be ready to offer the Palestinians and still survive politically is much less than the minimum that any Palestinian leader can accept. The real gap between both sides is much greater than what is perceived, and that gap is growing. The level of trust between both sides has changed. There are fewer Israelis who believe that the real intention of the Palestinians is to have only a small Palestinian state in the West Bank and Gaza. Furthermore, there is less trust in the Palestinians' abilities to keep their commitments, even if they undertake the right commitments. In Gaza today there is, for all practical purposes, an independent state led by Hamas. It is not part of the Palestinian Authority because that is what the Palestinians decided. If there is an accountable state in Gaza, although it is an enemy state, Israel has a degree of deterrence because there is another party that has something to lose. Current Israeli policy claims that Israel's goal is to bring about the collapse of the Hamas government in Gaza, but that is not going to happen. If we make Gaza double or triple its current size by adding an additional 600 sq. km. of territory from Egyptian Sinai, this could give Gaza the space it needs. Suddenly Gaza would have the space to build a new city of a million people, along with a real seaport and airport, and to create the conditions that would make economic expansion possible At the same time, Israel needs 600 sq. km. in the West Bank because the 1967 line is unacceptable from a security point of view. In return, Israel could give to Egypt 600 sq. km. in the Negev in southern Israel. At the end of the day no one loses land, while multilateral swaps enable us to solve the currently intractable problem of Gaza and solve Israeli needs in the West Bank. Egypt can gain significant benefits from this arrangement. The new seaport and airport next to Egypt can become major economic connections between the Gulf and Europe. Furthermore, Egypt could get a land corridor to enable movement from Egypt to the rest of the Middle East without the need to cross Israel.
Topic:
Conflict Resolution, Treaties and Agreements, and Territorial Disputes
Political Geography:
Middle East, Israel, Palestine, and Gaza

54. Rebuilding Gaza: Putting people before politics

Author:
Sara Hamood
Publication Date:
06-2009
Content Type:
Policy Brief
Institution:
Oxfam Publishing
Abstract:
In June 2009 the blockade on the Gaza Strip enters its third year. The intense closure policy, coupled with the government of Israel's recent military operation 'Cast Lead', has had a devastating impact on the lives and livelihoods of one and a half million Gazans, pushing them further into poverty and aid dependency. Parties to the conflict and the international community have, to varying degrees, prioritised their own political objectives over people's rights and needs, leaving Gazans sitting on the ruins of their homes. By attempting to isolate Hamas, the government of Israel and key international donor governments and institutions have in fact isolated the people of Gaza, thereby reducing chances of securing a peaceful, just and durable resolution to the Israeli-Palestinian conflict.
Topic:
Conflict Resolution and War
Political Geography:
Middle East, Israel, Palestine, Gaza, and Arab Countries

55. The Palestinian Refugee Issue: A Palestinian Perspective

Author:
Abbas Shiblak
Publication Date:
02-2009
Content Type:
Policy Brief
Institution:
Chatham House
Abstract:
The quest of Palestinian refugees to return to their homes is not only a legal and moral right but has become a major part of Palestinian identity and symbolizes Palestinian historical narratives. It has been an effective instrument of mobilization that became the political priority of various resistance groups which later formed the Palestine Liberation Organization. The PLO embarked on a line of negotiation which sought to reconcile rightist and realist approaches. They sought acknowledgment by Israel of its responsibility for the refugee issue and acceptance in principle of their right of return while showing flexibility and readiness to discuss various formulations of return. At the core of the inter-Palestinian debate is the dynamic between the two objectives of achieving statehood and the resolution of the refugee issue. State-building came to be seen not only as a means of reconstructing Palestinian identity but also as a catalyst to resolution of the refugee issue. A peace agreement should widen the options for the refugees and address all aspects of the refugee issue including the rights of repatriation to Israel, return to a Palestinian state, compensation, and equality and full citizenship rights in countries where refugees choose to remain. A comprehensive peace agreement must include the regional aspects of the refugee issue and all regional actors. There is an urgent need to review the current format of negotiations and bring about more balanced and effective international political engagement in the bilateral Israeli-Palestinian negotiations.
Topic:
Conflict Resolution, Security, Political Violence, Political Economy, Post Colonialism, Poverty, Terrorism, and Treaties and Agreements
Political Geography:
Israel, Palestine, and Arab Countries

56. Reconstructing Gaza – Lessons from Lebanon

Author:
Alistair Harris
Publication Date:
03-2009
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Last week's international donor conference to address the question of humanitarian assistance to Gaza underscores the myriad challenges confronting the process. Namely, how should the international community respond to the complex issues surrounding assistance in post-conflict recovery and reconstruction, particularly when several key donors reject any contact with Hamas, the governing authority on the ground? By any estimation, the Gaza reconstruction process will face several perplexing issues: How can billions of US dollars be effectively, transparently and accountably dispersed in a coordinated way, when several key donors and the Government of Israel reject any moves that will bolster the fortunes of Hamas, who m they classify as a terrorist organisation? What impact will an emerging Palestinian National Unity Government have on the mechanisms for overcoming many donors' reluctance to deal directly with Hamas? What opportunities and challenges does the reconstruction of Gaza pose for a rapprochement between Hamas and Fatah? Who will lead the reconstruction process and how will meaningful activity take place in the face of severe restrictions on access and movement? With Hamas in power in Gaza and Israel ref using to consider opening their common borders until kidnapped Israeli Defence Forces Corporal Gilad Shalit is released by Hamas, how is meaningful recovery and reconstruction even possible? In the absence of a credible political process, what use is reconstruction anyway if it merely returns the population of Gaza to their pre-conflict socio-economic imperilment? Lebanon faced a similar situation following the 2006 war between Hezbollah and Israel.
Topic:
Conflict Resolution, Foreign Policy, Political Violence, Humanitarian Aid, Peace Studies, and War
Political Geography:
Middle East, Israel, Palestine, Arabia, Gaza, and Lebanon

57. Intent: Ius In Bello Norms in Just War Theory The Case of the War in Gaza in 2009

Author:
Howard Adelman
Publication Date:
02-2009
Content Type:
Working Paper
Institution:
Human Rights Human Welfare (University of Denver)
Abstract:
“I am sure they (the IDF soldiers) committed this crime.” I read these words just after I had finished the first draft of this paper on 1 February 2009. Oakland Ross, the Toronto Star journalist, was quoting Dr. Ezzeldeen Abu al-Aish who had trained at the Soroka hospital in Beersheba and the Tel Hashomer hospital in Tel Aviv. The interview was held at the latter Israeli hospital where another daughter was being treated for her injuries after the IDF opened the Ezer crossing to Gaza in a rare exception and allowed a Palestinian ambulance to meet up with an Israeli ambulance so the injured child could be transferred by IDF helicopter to the hospital. Dr. Abu al-Aish, a gynaecologist at Gaza's main Shifa Hospital, was a peace activist; his children attended peace camps with Israeli children. During the war, he had been heard frequently on Israel's Channel 10 TV station reporting in fluent Hebrew by cell phone via his friend, the Israeli journalist, Shlomi Eldar, to Israelis on the health problems resulting from the war that he had been witnessing in Gaza from his top floor apartment of a five-storey apartment building on Salahadin Street at the corner of Zino Rd. in Jebaliya just north of Gaza City. On Friday, 16 January 2009 less than 36 hours before the ceasefire went into effect in Gaza on Sunday, 18 January 2009, he was on the air when two shells from an Israeli tank parked a block away ploughed through his apartment and killed three of his daughters. 22-year-old Bisan, 15-year-old Mayer, 14-year old Ayan, and his 14-year-old niece, Nour Abu al- Aish.
Topic:
Conflict Resolution, Human Rights, and War
Political Geography:
Middle East, Israel, Arabia, and Gaza

58. Palestine and Israel: Time for Plan B

Author:
Nathan J. Brown
Publication Date:
02-2009
Content Type:
Policy Brief
Institution:
Carnegie Endowment for International Peace
Abstract:
The international effort to achieve a two-state solution to the Israeli–Palestinian conflict has come to a dead end, at least for the present. Things can—and might well—get worse unless the United States and other outside actors couple a realistic view of the present with a serious effort to push for a more promising future. The first step in a new diplomatic approach must be to establish a cease-fire that builds on the common interest of both Israel and Hamas to avoid fighting in the short term. A new cease-fire should be clear and perhaps even written; mediators (whether Arab or European) must be willing to make an agreement more attractive to both sides to sustain (Hamas can be enticed by some opening of the border with Egypt; Israel will demand serious efforts against the supply of arms to Hamas). The second step must be an armistice that would offer each side what they crave for the present—Israel would get quiet and a limit on arms to Hamas; Palestinians would get open borders, a freeze on settlements, and an opportunity to rebuild their shattered institutions. Such an armistice must go beyond a one-year cease-fire to become something sustainable for at least five to ten years. Finally, the calm provided by the armistice must be used to rebuild Palestinian institutions and force Palestinians and Israelis to confront rather than avoid the choices before them.
Topic:
Conflict Resolution, Islam, Peace Studies, Terrorism, and War
Political Geography:
United States, Europe, Middle East, Israel, Palestine, Arabia, and Egypt

59. A Renewable Energy Peace Park in the Golan as a Framework to an Israeli-Syrian Agreement

Author:
Yehuda Greenfield-Gilat
Publication Date:
07-2009
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The widely discussed Syrian-Israeli peace park concept is rooted in the assumption that Syrian and Israeli "good will" for cooperation is sufficient to mobilize a long-lasting, firm peace treaty between the two countries. The current discussions on a layout for a peace park provide a description of the mechanisms that will control and maintain the park, but fail to provide the insights for how to keep these mechanisms functioning in one, five or ten years into the future. This paper argues that given the lack of stabilizing factors in an Israeli-Syrian partnership, even if negotiations succeed and an agreement is signed, the probability of failure during implementation is high.
Topic:
Conflict Resolution and Peace Studies
Political Geography:
Middle East, Israel, Arabia, and Syria

60. Beyond Settlements: U.S. Policy Options Going Forward

Author:
David Makovsky
Publication Date:
09-2009
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Having raised Arab expectations months ago with the idea of a settlement freeze, the Obama administration now has the unpleasant task of coaxing Palestinian Authority (PA) president Mahmoud Abbas to tacitly accept an agreement on settlements that offers less than expected -- if more than was offered in the past. Therefore, it is uncertain whether the United States will succeed at arranging a trilateral summit involving President Barack Obama, President Abbas, and Israeli prime minister Binyamin Netanyahu at the UN next week that would culminate in the announcement of a formal relaunching of peace negotiations.
Topic:
Conflict Resolution, Foreign Policy, and Diplomacy
Political Geography:
United States, Middle East, Israel, Palestine, and Arab Countries