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1. Continuity vs. Overreach in the Trump Peace Plan (Part 1): Borders and Jerusalem

Author:
David Makovsky
Publication Date:
02-2020
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
If the latest U.S. effort winds up backing the Palestinians into a territorial corner from the outset, then Washington may not be able to move the process any closer to direct negotiations. The newly released U.S. peace plan marks a very significant shift in favor of the current Israeli government’s view, especially when compared to three past U.S. initiatives: (1) the Clinton Parameters of December 2000, (2) Secretary of State Condoleezza Rice’s “Annapolis Process” of 2007-2008, and (3) Secretary of State John Kerry’s 2013-2014 initiative. The message is clear: the Trump administration will no longer keep sweetening the deal with every Palestinian refusal, a criticism some have aimed at previous U.S. efforts. Yet the new plan raises worrisome questions of its own. Will its provisions prove so disadvantageous to the proposed Palestinian state that they cannot serve as the basis for further negotiations? And would such overreach enable Palestinian Authority president Mahmoud Abbas to sway Arab states who have signaled that they want to give the proposal a chance, convincing them to oppose it instead? If so, the plan may wind up perpetuating the current diplomatic impasse and setting the stage for a one-state reality that runs counter to Israel’s identity as a Jewish, democratic state. This two-part PolicyWatch will address these questions by examining how the Trump plan compares to past U.S. initiatives when it comes to the conflict’s five core final-status issues. Part 1 focuses on two of these issues: borders and Jerusalem. Part 2 examines security, refugees, and narrative issues.
Topic:
Foreign Policy, Diplomacy, Territorial Disputes, Borders, and Negotiation
Political Geography:
Middle East, Israel, Palestine, North America, and United States of America

2. The Trump Plan: Not the Way to Advance Israeli-Palestinian Peace

Author:
Nadav Tamir, Nimrod Goren, Lior Lehrs, Yonatan Touval, Elie Podeh, Ksenia Svetlova, Maya Sion-Tzidkiyahu, Merav Kahana-Dagan, Barukh Binah, and Roee Kibrik
Publication Date:
01-2020
Content Type:
Commentary and Analysis
Institution:
Mitvim: The Israeli Institute for Regional Foreign Policies
Abstract:
Following the publication of the Trump plan, Mitvim Institute experts argue that this is not the way to advance Israeli-Palestinian peace. This document includes initial commentaries by Nadav Tamir, who claims that Israel needs a real peace plan; Dr. Nimrod Goren, who calls on the international community to say “no” to the Trump plan; Dr. Lior Lehrs, who explains that on the Jerusalem issue, Trump shatters the status quo and previous understandings; Yonatan Touval, who argues that Trump takes problematic diplomatic practices of his predecessors to the extreme; Prof. Elie Podeh, who contends that the Trump plan is not even an opportunity for peace; Former MK Ksenia Svetlova, who warns that the Trump plan might endanger Israel’s warming ties with Arab countries; Dr. Maya Sion-Tzidkiyahu, who claims that while the EU remains committed to the two-state solution, it struggles to respond to the Trump plan; Merav Kahana-Dagan, who identifies an opportunity to bring the Palestinian issue back to the forefront; Amb. (ret.) Barukh Binah, who calls on Israeli leaders to seek diplomatic, not only security, advice; and Dr. Roee Kibrik, who thinks that Israelis should decide what type of country they want to live in.
Topic:
Politics, Territorial Disputes, Peace, and Donald Trump
Political Geography:
Middle East, Israel, Palestine, Jerusalem, North America, and United States of America

3. The Jordan Valley Is Not Up for Negotiation

Author:
Gershon Hacohen
Publication Date:
01-2020
Content Type:
Commentary and Analysis
Institution:
The Begin-Sadat Centre for Strategic Studies (BESA)
Abstract:
The Jordan Valley, in its full scope and broadest definition, is essential to Israel’s national security. Its retention by Israel requires not only military deployment but a comprehensive development plan—i.e., the construction of housing, roads, and infrastructure—that will establish this territory as Israel’s eastern wing.
Topic:
National Security, Politics, and Territorial Disputes
Political Geography:
Middle East, Israel, Palestine, and Jordan Valley

4. Court of Justice of the EU Ruling on Products from Territories Occupied by Israel

Author:
Michał Wojnarowicz and Szymon Zaręba
Publication Date:
01-2020
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
On 12 November 2019, the Court of Justice of the EU (CJEU) issued a judgment on products from Jewish settlements in the Israeli-occupied West Bank and Golan Heights. It states that EU members are required to ensure that the origin is properly marked. The implementation of this requirement may cause disputes in the EU because of differences in Member States’ policies towards Israel. Tensions in relations with the U.S. are also possible, especially in the context of that country’s recent change in policy favouring the Israeli position on settlements. Hence, it is advisable for the EU to develop a uniform policy regarding imports and labelling of products from all occupied territories.
Topic:
International Law, Territorial Disputes, European Union, Occupation, Judiciary, and Trade
Political Geography:
Europe, Middle East, Israel, Palestine, North America, United States of America, West Bank, and Golan Heights

5. Trump’s “Deal of the Century” Is Not the Reversal of US Policy toward Israel– Palestine —The Reversal Is What We Need

Author:
Sadiq Saffarini
Publication Date:
01-2020
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
The article analyzes President Trump’s vision for a comprehensive peace agreement between Israel and Palestine, the so-called Deal of the Century announced on January 28. While the proposal uses the language of hope and prosperity and expresses support for the two-state solution, its provisions actually render the Palestinian “state” inviable. The plan does not empower the Palestinian state with full sovereignty over its territory nor does it recognize its internationally accepted borders, while at the same time nullifying the Palestinian right of return. In short, the plan seeks to legalize and legitimize the status quo by enabling Israeli expansionism and the systemic denial of Palestinian rights, which is a flagrant violation of international law and has no legal validity.
Topic:
Foreign Policy, Sovereignty, Treaties and Agreements, Territorial Disputes, Peace, and Donald Trump
Political Geography:
Middle East, Israel, Palestine, North America, and United States of America

6. After the Trump “Peace Plan”: One-State Solution is the Only Way Forward

Author:
Diana Buttu
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Last month, a Palestinian think tank, the Palestinian Centre for Policy and Survey Research, revealed its survey results following the release of the Trump/Netanyahu plan. In announcing the results, Dr Khalil Shikaki, the head of the polling centre, noted that 94 percent of Palestinian respondents opposed the plan: “I don't think we've ever seen such a level of consensus among the Palestinian public,” he said. These results are unsurprising, of course, as the Trump/Netanyahu plan effectively seeks Palestinian approval for Israeli land theft, ethnic cleansing and continued subjugation. But alongside the results of the question pertaining to the Trump/Netanyahu plan was a more important question: “Do you support the two-state solution?” A mere 39 percent of surveyed respondents answered affirmatively, while 37 percent indicated that they support a one-state solution. These results should be placed in their proper light: for more than two decades, as the Palestinian leadership and the international community have repeatedly called for the implementation of the two-state solution, increasing numbers of Palestinians have moved away from this view and increasingly supported one state, even though there is not a single Palestinian party – whether inside ‘48 borders or in the occupied territories – advocating for it. In fact, Palestinian leaders and the international community both espouse the common view of decrying the concept of one state and adamantly holding that “There is no Plan B.” The reason for this steadily increasing Palestinian support for one state has both everything and nothing to do with the Trump/Netanyahu plan. This plan makes clear that it aims to ensure that Palestinians will never have a state and instead remain forever under Israel’s boot. But it isn’t just the Trump plan. Over time, Palestinians increasingly have seen that the version of “two states” that the international community will support – and indeed press for – is not the version of two states that Palestinians demand. To the contrary, while the world spoke of a two-state settlement, Palestinians witnessed a tripling of the number of Israeli settlers living on their land. The international community appears content with allowing Israel to build and expand settlements, while at the same time allowing it to demolish Palestinian homes and schools and imprison Palestinians into cantons. This approach condones Israel holding our economy hostage and mercilessly besieging the Gaza Strip, with only the mildest, mealy-mouthed international condemnations. The world community has blocked attempts to press for a condemnation of Israeli settlements in the International Criminal Court and has, in some cases, criminalized support for boycott, divestment and sanctions (BDS). Even the European Union has been loath to uphold its trade agreement with Israel, under which Israeli settlement products should be labelled separately and should not benefit from free trade status. It has become clear that while the international community speaks of wanting a two-state settlement, it has shown itself wholly unwilling to do anything to make that happen. As someone who participated in the peace negotiations, I observed that a state for Palestinians was the furthest thing from the Israeli public and political leadership’s thinking. Instead, they were concerned with how to forever contain and control Palestinians, and how to maintain longstanding international community support in this endeavour. In short, the concept of two states has become devoid of all meaning, with the focus instead on form – whether labelled as a “state” and however dysfunctional and lacking any of the powers that actually define a state. This increasing realization has led many Palestinians to abandon the statehood project. This may sound like a defeatist position or the expression of frustration. Indeed, over the years, we have heard PLO leaders threaten to abandon the two-state project and, separately, threaten to dissolve the Palestinian Authority. Some support for one state is undoubtedly borne of that feeling. But not all. To be clear, my support for one state grew not from the futility of negotiations – even though they were indeed futile – but from a sense that the approach was incorrect. The attempt to divide land simply modelled the power structures I was attempting to fight – economic and political structures that aim to maintain Israeli power and control over Palestinians lives. Therefore, rather than focus on land – where Israel always has an advantage –, the focus should be on people and how we, as people, should live. The time has come to look to a model that focuses on equal rights for all, irrespective of religion; a model which seeks reconciliation and not separation and where people are protected and not viewed as subjects of control or, in the case of refugees, of wholesale and heartless exclusion. Today Israel and the occupied territories function as one territory, with rights and privileges granted to some and not to others. There are no separate border crossings for “Palestine” and no separate Palestinian currency. Yet Palestinians, including Palestinian citizens of Israel, are denied the same rights and privileges as Israeli Jews. I am under no illusion that achieving this equality will be easy. Power is never voluntarily given up by those who wield it but taken through pressing for rights. Palestinians will be better able to break down the system of ethnic-religious privilege that plagues Palestinians (a similar system ruled apartheid South Africa) by getting to the root cause – that of Zionism, a nationalist project that favours one group over another –, by pushing for BDS and for accountability internationally and by challenging racist Israeli laws. In short, we can and must create a just system for all, irrespective of whether we demand one or two states. History demonstrates that ethnic privilege ultimately fails in a multi-ethnic world. And given that Palestinians and Israelis are fated to live together, the real question is whether we will continue to allow this system of ethno-religious privilege to prevail or whether we will press for equality, irrespective of religion. Borders, flags, and currencies can wait.
Topic:
Diplomacy, Territorial Disputes, Borders, Peace, and Settlements
Political Geography:
Middle East, Israel, and Palestine

7. After the Trump “Peace Plan”: Two Perspectives on Palestinian Options

Author:
Diana Buttu and Mouin Rabbani
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
The “Peace Plan” presented by Trump and his administration as the ultimate solution to the Israeli-Palestinian conflict has been overwhelmingly rejected by Palestinians and their leadership. But what comes next? What strategy should Palestinians adopt? These two papers, written by two leading Palestinian analysts, lay out two distinct approaches for attaining Palestinian rights and aspirations. Diana Buttu argues that it is time for Palestinians to push for a one-state solution focusing on equal rights for all, while Mouin Rabbani contends that a one-state approach will not succeed given the current power dynamics and, therefore, favours a renewed Palestinian strategy to preserve the pre-Trump international consensus focused on the establishment of an independent Palestinian state on the territories occupied by Israel in 1967 and a just resolution of the refugee question.
Topic:
Diplomacy, Territorial Disputes, Borders, Peace, and Settlements
Political Geography:
Middle East, Israel, and Palestine

8. After the Trump “Peace Plan”: Ending the Occupation is the Priority

Author:
Mouin Rabbani
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
It is incontestable that a unitary state encompassing all of historic Palestine in which Palestinians and Israelis live in full equality represents the preferred resolution of the Israeli-Palestinian conflict. Assuming this entity guarantees both individual and communal parity, and satisfactorily resolves the refugee question, it would achieve the fundamental Palestinian right to national self-determination and be consistent with the broader Palestinian aspiration of greater Arab integration. It is also irrefutable that a democratic one-state outcome in Palestine cannot be achieved without the disestablishment of Zionism, and specifically Israel’s renunciation of the core principles of Jewish political supremacy, demographic superiority, and territorial hegemony that have guided state policy since 1948. The cost-benefit calculation required for a one-state solution is thus one where Israel’s rulers determine that the price of maintaining a Zionist state has become unacceptably high and choose to relinquish it. In practice, there is no political pathway to such a resolution. Israel’s elites, and the overwhelming majority of its Jewish citizens from across the political spectrum, will contemplate a future without Zionism only as a consequence of decisive military defeat. Even then, the temptation of Israel’s leaders to rely on their nuclear arsenal to avert defeat – the so-called Samson option – cannot be dismissed. In view of the geopolitical realities which reinforce, rather than challenge, the prevailing balance of power between Israel and the Palestinians, the only one-state solutions currently on offer are those proposed by the United States in its January 2020 diplomatic initiative, and by the radical Israeli right whose agenda has been embraced by Washington. In other words, proponents of a unitary secular democratic state in Palestine who are unable to offer a credible military strategy for achieving it are dealing in unattainable illusions rather than feasible solutions. The dynamics that have produced these realities may well change, but the current state of the Palestinian national movement and the broader region suggests this will consume decades, not years. It should also be noted that economic pressure – far exceeding that exerted by the BDS movement – has had a particularly poor impact on regime change during the past century, and can play a secondary role at best. How, then, can and should the Palestinians respond to Washington’s latest proposal to formalize permanent Israeli control over the Palestinian people? Should they just abandon the two-state framework in hopes of an eventual democratic unified state? Widely condemned as the institutionalization of apartheid, the Trump-Netanyahu Plan, in fact, goes far beyond the model of structural racism devised by the white minority regime in South Africa. Israel seeks not to exploit a captive population, but rather to achieve its eventual permanent removal. Indeed, this Plan goes so far as to recommend changing the legal status of hundreds of thousands of Palestinian citizens of Israel to residents of a Palestinian entity that will be occupied territory in all but name. The Trump-Netanyahu Plan offers nothing to the Palestinians, neither presently nor in the future, and does not even pretend to do so. It was transparently devised to accomplish each and every Israeli strategic objective at the expense of all Palestinian rights, rather than lay the basis for meaningful negotiations between the two parties in which the core interests of each are met within the framework of international legality. The measures Washington has already undertaken concerning Jerusalem, Palestinian refugees, the PLO, settlements, the legal status of the occupied territories and other issues reveal this agenda and require no further comment or analysis. It is thus imperative that the various Palestinian leaderships categorically refuse any interaction – whether direct or indirect – with this initiative, as such dealings will only serve to legitimize it and provide cover for regional and international parties to seriously engage with it. The strategic purpose and primary threat of the Trump-Netanyahu plan is to transform the international consensus on the Israeli-Palestinian conflict. For better or worse, this consensus comprises the inadmissibility of territorial conquest, the establishment of an independent Palestinian state on the territories occupied by Israel in 1967, living at peace with Israel within its 1949 boundaries, and a just resolution of the refugee question. Against this, Washington and Tel Aviv propose a resolution of the conflict on the basis that might makes right, that rights are irrelevant, and that international law is of no consequence. Rather than mobilize alongside the United States and Israel to denounce the international consensus of a two-state framework and demand its replacement, even if for radically different reasons and objectives, and to promote goals which - as noted above - are simply unattainable, Palestinians should do everything within their power to preserve, mobilize, and activate this consensus and present it as the litmus test for the preservation of the international order Washington is seeking to systematically dismantle. Indeed, under current circumstances, the only alternative is a one-state solution, which would permanently remove Palestinian national rights from the international agenda. One may not be enthusiastic about the two-state paradigm, but it would be dishonest to deny that the purpose of the Trump-Netanyahu plan is to replace it with something much worse. The above notwithstanding, to frame the Palestinian debate as a choice between a one-state solution and two-state settlement misses the point, and is today somewhat akin to a condemned prisoner spending the night before his execution agonizing over whether to spend next summer on the French or Italian Riviera. The core issue in 2020 is not about the form of eventual statehood, but rather about upholding the principle that Israel has no right to incorporate territories that international law and the international community consider to be occupied, and that its continued rule in these territories is both illegal and illegitimate. In contrast to a democratic one-state outcome, there are political avenues to ending the occupation that do not require the military resources that neither the Palestinians nor their regional allies currently possess. The cost-benefit calculation for ending the blockade of the Gaza Strip, reversing settlement expansion in the West Bank, and terminating the occupation does not require the wholesale transformation of the Israeli state. Yet, compelling Israel to dismantle the settlement enterprise and to withdraw from the occupied territories rather than annex them may – in the process – transform the state and establish pathways that in time would produce better outcomes It is commonplace to characterize the Trump administration approach to the Question of Palestine as a radical departure from traditional US policy. While this is true in certain respects, it is perhaps more useful to understand the Trump-Netanyahu Plan as the logical culmination of seven decades of US Middle East policy, and of the Oslo agreements, which never envisioned an end to occupation nor the realization of Palestinian self-determination, in particular. The prevalence of this reality and this debate attest above all to the extraordinarily weakened position in which the Palestinian people find themselves. Surpassing it will be particularly difficult, but is by no means impossible. First and foremost, Palestinians must resolve their internal differences and establish a unified national movement led by a credible leadership, with a clear strategy to disentangle from the matrix of control established by the Oslo agreements, as well as to mobilize Palestinians and their regional and international allies and supporters. Palestine needs to become a cause that stands above and beyond regional rivalries once again, rather than a political pawn used by petty autocrats for trivial advantage. It needs to once again become a primary issue on the international agenda, and a global litmus test for justice and decency, rather than a secondary dispute in a region roiled by conflict. In doing so it will also be able to rely on greater levels of popular support than perhaps ever before. A mobilized Palestinian national movement, capable of activating and – where necessary – coercing the support of regional governments, and deploying their collective wherewithal in the international arena, can successfully implement a combination of popular, political, economic, legal, and even military strategies to effectively challenge Israel’s occupation, and in critical instances compel foreign states to do the right thing out of self-interest. The Palestinians today are experiencing an existential moment. This is not a time to pursue the impossible at the expense of survival.
Topic:
Diplomacy, Territorial Disputes, Occupation, Peace, and Settlements
Political Geography:
Middle East, Israel, and Palestine

9. The Forgotten Peace at Twenty-Five: How to Protect and Strengthen Israel-Jordan Ties

Author:
Ghaith al-Omari and Ben Fishman
Publication Date:
10-2019
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
On the twenty-fifth anniversary of the peace treaty, both parties and the United States have strategic interests in upholding and reinforcing the relationship. The optimism that characterized the signing of the Israel-Jordan peace treaty a quarter-century ago has long since dissipated. Today, the peace rests on a strong security foundation but lacks popular support, particularly on the Jordanian side. Nevertheless, there remain important opportunities for strengthening Israel-Jordan relations and preserving that pillar of America’s steadily eroding security architecture in the Middle East. It is critical for Washington to prioritize Jordan on its agenda. This includes urging the still-to-be-formed Israeli government to take responsible action on two fronts: keeping Amman’s interests in mind when formulating policy toward the West Bank, and implementing long-delayed initiatives that would help Jordan’s struggling economy.
Topic:
Security, Treaties and Agreements, Bilateral Relations, Territorial Disputes, Negotiation, and Peace
Political Geography:
Middle East, Israel, Palestine, Jerusalem, Jordan, and United States of America

10. Netanyahu and the Temporary International Presence in Hebron (TIPH)

Author:
Lior Lehrs
Publication Date:
02-2019
Content Type:
Working Paper
Institution:
Mitvim: The Israeli Institute for Regional Foreign Policies
Abstract:
On Janury 28, 2019, Israeli Prime Minister Benjamin Netanyahu announced he was terminating the mandate of the Temporary International Presence in Hebron (TIPH), an observer force established in 1994 after the massacre of Muslim worshipers in Hebron by the Israeli settler Baruch Goldstein. In January 1997, an agreement was signed between the Government of Israel, headed by Netanyahu, and the PLO setting out terms of the TIPH mandate. The sides repeatedly extended the agreement for over 20 years. The observers do not have military or policing functions, and they do not bear arms. Their task is to monitor and report on events and convey classified reports to each side, and to the TIPH contributing states. Netanyahu’s decision, to a large extent influenced by domestic pressure in the runup to the April 9 elections, generated expressions of concern and condemnation by the international community, both by the force’s contributing states such as Norway and Italy, and by Germany, the EU and the UN Secretary General. The reactions noted that the observer force had been an element of the Oslo process and played an important role in the volatile and sensitive city of Hebron, warning against the repercussions of its removal. Changing and adapting the mandate of the observer force should be conducted in a dialogue with the Palestinian Authority and TIPH states, and not dictated as a unilateral Israeli political decision.
Topic:
Treaties and Agreements, United Nations, Territorial Disputes, Conflict, and Peace
Political Geography:
Middle East, Israel, Palestine, and Hebron