Commentary Magazine


Topic: West Bank

Everyone Does Not Know What Everyone Supposedly Knows

For more than a decade, the guiding principle of the peace process has been that “everyone knows” what peace will look like: a Palestinian state on roughly the 1967 lines, with land swaps for the major Israeli settlement blocs, a shared Jerusalem, international compensation for the Palestinian refugees, and a “right of return” to the new Palestinian state rather than Israel.

A new poll conducted jointly by the Palestinian Center for Policy and Survey Research and the Harry S. Truman Research Institute for the Advancement of Peace shows that the Palestinian public opposes such a solution by a lopsided majority.

The poll presented a package modeled on the Clinton Parameters: (1) an Israeli withdrawal from more than 97 percent of the West Bank and a land swap for the remaining 2-3 percent; (2) a Palestinian state with a “strong security force” but no army, with a multinational force to ensure security; (3) Palestinian sovereignty over land, water, and airspace, but an Israeli right to use the airspace for training purposes and to maintain two West Bank early-warning stations for 15 years; (4) a capital in East Jerusalem and sovereignty over Arab neighborhoods and the Old City (other than the Jewish Quarter and the “Wailing Wall”); and (5) a “right of return” for refugees to the new state and compensation for their “refugeehood” and loss of property.

The package was opposed by 58 percent of the Palestinians, with only 40 percent favoring it.

It was not a case of one or more individual elements in the package causing a problem. Each of the five elements was polled separately; not one of them commanded majority support.

Writing today in Yediot Aharonot, Sever Plocker asserts that while most Israelis are prepared to support a Palestinian state, they have in mind a state “not much different from the Palestinian Authority that exists today.”

Ask now in a poll how many Israelis are ready for the evacuation of 150-200,000 settlers from Judea and Samaria, an IDF withdrawal from bases in the Jordan Valley, the deployment of Palestinian border police between Kalkilya and Kfar Saba, a new border in Jerusalem and turning the territories into a foreign country that will absorb hundreds of thousands of militant refugees from the camps in Lebanon – and see how the numbers of those who support a “two-state solution” drop to near zero.

Interestingly, the new poll showed that Israelis supported the hypothetical package by 52 percent to 39 percent, demonstrating that a majority or plurality of Israelis (the poll has a 4.5 percent margin of error) would support a demilitarized Palestinian state, as long as the IDF is empowered to keep it that way, the state does not assert a “right of return” to Israel, and there is a land swap that does not require the mass uprooting of Israelis from their homes. Plocker’s assertion may show, however, that a lot depends on how polling questions are framed, and the implications of flooding the West Bank with refugees (as opposed to resettling them where most have lived all their lives) deserve further study.

But all this is hypothetical. The Palestinians rejected the Clinton Parameters in 2000 and effectively rejected them again in 2008 in the Annapolis Process. The new poll makes it clear they would reject them a third time, despite what “everyone knows.”

Afternoon Commentary

Vladmir Putin’s political opponent Mikhail Khodorkovsky was convicted of money laundering and embezzlement yesterday in what many have denounced as a show-trial. The verdict came as no surprise to Khodorkovsky, who calmly read a book as the judge issued the decision. U.S. officials have offered some token condemnations of the conviction, but clearly the Obama administration is unwilling to take any action that might disrupt the “reset” process with Russia just days after the New START treaty was ratified by Congress.

Zimbabwe Prime Minister Morgan Tsvangarai may be brought up on treason charges, after WikiLeaks cables revealed that he privately asked the U.S. to keep sanctions against his country in place: “State media reports have said hardline supporters of the president, Robert Mugabe, want an official inquiry into Tsvangirai’s discussion of international sanctions with the US ambassador in Harare. Mugabe’s Zanu-PF party said last week the government should draft a law that makes it a treasonable offence to call for sanctions.” The punishment for high treason is the death penalty in Zimbabwe. Tsvangarai, a longtime foe of the dictatorial Mugabe, has discovered that being inside his government may be as dangerous as being outside of it.

President Obama continues to use the argument that Guantanamo Bay is al Qaeda’s “number one recruitment tool.” But how often do terror leaders actually mention Gitmo? At the Weekly Standard, Thomas Joscelyn scours the transcripts of the public speeches of al Qaeda leaders since 2009, and finds that very few refer to the detention facility.

The unwillingness of many libertarians to compromise ideological principles – even among themselves – prevents the movement from gaining any serious political power, writes Christopher Beam in New York magazine: “It’s no coincidence that most libertarians discover the philosophy as teenagers. At best, libertarianism means pursuing your own self-interest, as long as you don’t hurt anyone else. At worst, as in Ayn Rand’s teachings, it’s an explicit celebration of narcissism. ‘Man’s first duty is to himself,’ says the young architect Howard Roark in his climactic speech in The Fountainhead. ‘His moral obligation is to do what he wishes.’ Roark utters these words after dynamiting his own project, since his vision for the structure had been altered without his permission. The message: Never compromise.”

In case you needed a reminder on what a joke the UN is, Mary Katharine Ham rounded up the top 10 most “UN-believable” moments of 2010. Number 4: “The UN narrowly avoided putting Iran on its Commission on the Status of Women — a sort of sop to the Islamic Republic in the wake of its rejection for the Human Rights Council — thanks to loud push-back from the U.S. and human-rights groups. Perhaps stoning was a bridge too far. But it does now boast Saudi Arabia as a member of the commission. Women are not allowed to drive in Saudi Arabia, must always wear abaya in public, and are punished for being in public without a male relative as an escort.”

Palestinian Authority President Mahmoud Abbas criticizes Israel as an obstacle to peace, and promises that an independent state of Palestine won’t allow a single Israeli within its borders. “We have frankly said, and always will say: If there is an independent Palestinian state with Jerusalem as its capital, we won’t agree to the presence of one Israeli in it,” Abbas told reporters on Saturday. (Cue crickets chirping from the left).

Meanwhile, Jeffrey Goldberg groundlessly worries about whether Israel will soon cease being a democracy: “Let’s just say, as a hypothetical, that one day in the near future, Prime Minister [Avigdor] Lieberman’s government (don’t laugh, it’s not funny) proposes a bill that echoes the recent call by some rabbis to discourage Jews from selling their homes to Arabs. Or let’s say that Lieberman’s government annexes swaths of the West Bank in order to take in Jewish settlements, but announces summarily that the Arabs in the annexed territory are in fact citizens of Jordan, and can vote there if they want to, but they won’t be voting in Israel. What happens then?” Say what you will about Lieberman but, actually, his position has always been that some Arab towns and villages that are part of Israel should be given to a Palestinian state while Jewish settlement blocs are annexed to Israel. That may not be what the Palestinians want or even what many Israelis want but the outcome Lieberman desires would be a democratic and Jewish state.

An Edifice Over an Abyss

Israeli Ambassador Michael Oren’s valuable interview with Jennifer Rubin (part one on Friday; part two today) contains a useful observation about the current Palestinian push for recognition of a state. Oren says there are two models of Middle East state-building:

In the first, you build from the bottom up. Then you are bestowed or declare independence. The second is that you attain independence and figure out what institutions you will have later. This was the model for Iraq, Syria and Lebanon. Israel is the first model. We had more than 60 years to build institutions. … Oslo was the classic second model, and Arafat rejected institution building. We saw how that worked out. It’s building an edifice over an abyss.

This reminds me of Ron Dermer’s presentation to AIPAC in May 2009, previewing the one Netanyahu would make days later in his first meeting with President Obama. Dermer described Netanyahu’s plan as a three-track approach: two bottom-up tracks (security and economic development) combined with a top-down one (political negotiations). The goal was not an immediate “peace-to-end-all-peace, deal of the century,” but developments on the ground necessary to make peace possible:

What happened in Annapolis is that the government almost exclusively focused on political negotiation. They invested all their energy … in reaching an elusive agreement. And I agree with Aaron [David Miller] that there is no way now on the Palestinian side to make the sorts of compromises that will be required for a deal on the core issues. Yet despite that, the previous government just decided to negotiate, and negotiate, and negotiate …

What Netanyahu will do – and you will see it in a rather dramatic fashion over the next two years … is work to change the reality on the ground, first through security [by facilitating creation of a Palestinian police force] … and [removing] bureaucratic obstacles to economic development. …

What has happened up to now is to try to build the pyramid from the top down. It doesn’t work that way. You have to … have the Palestinians have rule of law, have a decent economy … and slowly but surely you actually build lots of stakeholders.

In the last two years, security in the West Bank has improved, as has the Palestinian economy – developments for which Netanyahu has been given insufficient credit. But Palestinian society remains steeped in anti-Semitism, and the Palestinian Authority lacks the rule of law: a “president” whose term expired two years ago; an unelected “prime minister;” local elections that were cancelled; and political reform that is, in the words of a former PA minister, “a joke.” The next chair of the House Foreign Affairs Committee says it is impossible to track the PA’s use of American aid (“Try looking at their budgets … you’ll never find out where that money goes”).

An undemocratic, anti-Semitic state, unwilling to recognize a Jewish one (much less one with defensible borders), is unlikely to “live side by side in peace.” The Palestinians are pushing the edifice, but the abyss is still there.

Israelis Think No Concession Will Ever Satisfy the West

A newly released WikiLeaks cable quotes Ron Dermer, a top adviser to Israeli Prime Minister Benjamin Netanyahu, telling a U.S. diplomat of Israelis’ frustration with the peace process. Surprisingly, however, Dermer didn’t focus primarily on Palestinian behavior. Rather, he charged, “the Israeli public is skeptical regarding the benefits of returning to negotiations” because “all the GOI [government of Israel] has received in return for its efforts [to date] was a ‘slap-down from the international community.’”

Dermer didn’t offer evidence to support his claim about Israeli frustration with the “international community,” but the data are shocking: according to the August Peace Index poll, fully 77 percent of Jewish Israelis think “it makes no difference what Israel does and how far it may go on the Palestinian issue; the world will continue to be very critical of it.” And in fact, Israelis have good reasons for this belief.

For instance, when Hezbollah continued attacking Israel even after Israel’s withdrawal from Lebanon in 2000, the world, far from condemning Hezbollah, excoriated Israel when it finally responded to these attacks in the 2006 Second Lebanon War. Moreover, after having certified the withdrawal as 100 percent complete in 2000, the UN Security Council then rewarded Hezbollah’s aggression in 2006 by voting to remap Lebanon’s borders, “especially in those areas where the border is disputed” by Hezbollah, with an eye toward forcing Israel to quit additional territory.

Then, when Israel withdrew from Gaza in 2005, evacuating 25 settlements in the process, it was rewarded by daily rocket fire on its cities from the evacuated territory. Yet when it finally fought back, in 2008, it was slapped with the Goldstone Report, which accused it of “war crimes” and urged its indictment in the International Criminal Court. And far from coming to Israel’s defense, most Western countries abstained in both UN votes on the report.

Moreover, even though two Israeli offers (in 2000 and 2008) to give the Palestinians the equivalent of 100 percent of the West Bank have been unmatched by any parallel Palestinian concessions, the West continues to demand ever more concessions from Israel while refusing to publicly demand anything of the Palestinians — even on issues like the “right of return,” where Palestinian concessions are clearly essential for any deal. For instance, a European Union statement earlier this month demanded several explicit Israeli concessions, including withdrawal to the “pre-1967 borders” and Jerusalem as the “capital of two states,” but made no similarly explicit demands of the Palestinians. It merely called for an “agreed, just, fair and realistic solution to the refugee question,” without specifying that such a solution cannot include resettling the refugees in Israel.

All this has made Israelis believe that no matter what they give, the world will still find new reasons to condemn it. And if the West actually wants a peace deal, that ought to concern it deeply, because Israelis thought a deal was supposed to give them two benefits: peace with the Arabs and support from the West. Instead, Israel discovered that concession after concession has brought neither. And if so, what’s the point of continuing to make them?

Fake Palestinian Diplomacy No Substitute for Actual Negotiations

The notion that the chief obstacle to peace in the Middle East is an Israeli unwillingness to make the sacrifices necessary for an agreement (settlements and Jerusalem) is a familiar theme in mainstream media coverage of the conflict. As such, today’s New York Times article about a luncheon hosted by Palestinian Authority leader Mahmoud Abbas at his headquarters in Ramallah for a group of largely left-wing Israeli parliamentarians and politicians serves to illustrate this theme in which the Israeli government can be portrayed as being in denial about having a peace partner. But the piece, which allowed Abbas to narrate the course of diplomacy over the past two years without any contradiction, simply swallowed the Palestinians’ dog and pony show whole.

While Abbas loves to talk about talking with Israel when presented with Western or left-wing Israeli audiences, such as the members of the marginal Geneva Initiative, who were provided with a kosher lunch in Ramallah yesterday, his attitude toward actual negotiations with the State of Israel is very different. He responded to then prime minister Ehud Olmert’s 2008 offer of a Palestinian state in the West Bank, Gaza, and a share of Jerusalem with a flat refusal. Since then, he has continued to invent excuses for not talking, such as his current specious demand for Israel to halt building in the West Bank prior to the commencement of new talks.

Times correspondent Isabel Kershner claims that “the overall point of Sunday’s dialogue was supposed to be less of recrimination and more of the possibility of peace based on a two-state solution, which would see the establishment of an independent Palestine alongside Israel.” But it isn’t recriminations or a lack of familiarity with each other that prevents Israeli and Palestinian negotiators from talking or even coming up with a deal. After more than 17 years of talks between Israel and the PA and its predecessor the PLO, they know each other only too well. The problem is that any deal, no matter how generous its terms or where Israel’s borders would be drawn, would pose a deadly threat to Abbas’s regime. The culture of Palestinian politics is such that any accord that recognized the legitimacy of a Jewish state or forced the descendants of the 1948 Palestinian refugees to be settled someplace other than Israel would enable Hamas to topple Abbas.

Thus, instead of actually talking with Israel’s government, all Abbas can do is stage events that allow him to pretend that he wants to sign a deal when it is actually the last thing in the world he wants to do. The Palestinians know this. So do most Israelis and, as recent developments have shown, even the Obama administration seems to have caught on.

So how does Abbas get away with this? While one can criticize the media for treating a fake story as if it were significant, the main culprit here is the willingness of the Israeli left to be Abbas’s accomplices. Kershner quotes Amram Mitzna, a former general who was buried in a landslide when he ran for prime minister against Ariel Sharon in 2003, as testifying to Abbas’s credibility. Mitzna ought to know better, but like other figures on Israel’s left, he is sufficiently bitter about his total marginalization in his country’s politics (due to his credulousness about Palestinian intentions) that he is prepared to play along with Abbas. For the Israeli left, the object of this game is not so much lost hopes of peace as it is the delegitimization of Israel’s government.

If the Palestinians can ever bring themselves to sign a deal on virtually any terms, they will find that most Israelis will embrace them. But since there is no deal, no matter how injurious its terms would be to Israel’s security or rights, that they will sign, all we are liable to get from Abbas are more photo-ops, such as this ridiculous show.

Human Rights Watch Now Openly Endorsing BDS

Human Rights Watch doesn’t like Israel. No surprise there. But since the advocacy group still does important work on human rights issues in other countries, it continues to get taken seriously by the media and government officials. This legitimacy should end immediately in light of HRW’s latest report, which tacitly endorses the beyond-fringe Boycott, Divestment, and Sanctions movement. From the text of the study:

The report is based on case studies comparing Israel’s starkly different treatment of settlements and next-door Palestinian communities in these areas. It calls on the US and EU member states and on businesses with operations in settlement areas to avoid supporting Israeli settlement policies that are inherently discriminatory and that violate international law.

The report also asks the U.S. to avoid “offsetting the costs of Israeli expenditures on settlements by withholding U.S. funding from the Israeli government in an amount equivalent to its expenditures on settlements and related infrastructure in the West Bank.”

That’s bad enough. But there was one recommendation that really caught my eye:

Congress should request a report from the General Accounting Office on the subject of tax-exempt organizations that support settlements and settlement-related activities. Such a study should include specific assessments of the amounts and types of donations involved and the actual end-uses of such donations in the settlements. The report should also address whether current laws and regulations regarding charitable organizations ensure that tax-exempt status is not granted to organizations that facilitate human rights violations or violations of international humanitarian law, are adequately enforced, and whether they are adequate or require revision.

Hmm. As we know from the Z Street case, the IRS has already been giving some pro-Israel groups a hard time on their tax-exemption applications — ostensibly because Israel has a “higher risk of terrorism.” But could the IRS also be concerned about tax-exempt groups giving support to Israeli settlements? And if not, will this be the next rallying cry picked up by the BDS movement?

In addition to those suggestions, HRW also recommended the following quasi-BDS tactics:

• The international community should tack on extra tariffs to products imported from Israeli settlements: “Ensure that policies do not promote settlement activity, such as the discriminatory violations of Palestinian human rights documented in this report, by enforcing tariff agreements in accordance with international law, such that Israeli settlement goods are not given preferential treatment, including by requiring and enforcing clear origin labeling.”

• Businesses operating from the settlements should cease involvement in any activity that HRW deems to be a violation of international law, “including where necessary ending such [business] operations altogether.”

The NGO Monitor has also denounced the report. In an e-mail, it called it evidence that HRW “endorses boycott, divestment, and sanctions (BDS), disguised as opposition to settlements, but in reality seeking the destruction of Israel.”

“This is further proof of HRW founder Robert Bernstein’s conclusion that the organization has turned Israel into a pariah state,” NGO Monitor president Gerald Steinberg added, in a statement on Sunday.

The Resolution and the Process

The Palestinians are upset at the unanimously adopted Congressional Resolution, authored by the chair of the House Foreign Affairs Committee and its ranking Republican member, which opposes any attempt to establish a Palestinian state outside a negotiated agreement. The resolution calls on the administration to lead a diplomatic effort against a unilaterally declared state, affirm that the U.S. would not recognize it, and veto any UN resolution seeking to establish one. The resolution — and the Palestinian reaction to it — caps a series of clarifying developments over the past year and a half:

First, the Palestinians refused to negotiate unless Netanyahu endorsed a two-state solution and froze settlement construction; Netanyahu did both, and the Palestinians refused to negotiate. They had to be dragged into “proximity talks” and then dragged into “direct negotiations” and then left.

Second, the Palestinian Authority canceled local elections in the West Bank, unwilling to risk them even in the part of the putative state it nominally controls. The PA is now headed by a “president” currently in the 72nd month of his 48-month term, with a “prime minister” appointed by the holdover “president” rather than by the Palestinian parliament (which, unfortunately, is controlled by the terrorist group the Palestinians elected five years ago). These days, the PA turns for approval not to its public or its parliament but rather to the Arab League, while the other half of the putative state is run by the terrorist group. As a democratic state, “Palestine” is already a failed one.

Third, the peace-partner Palestinians rejected the two criteria that Netanyahu set forth for a peace agreement: recognition of a Jewish state and demilitarization of the Palestinian one. The first requirement reflects a series of essential points: the Palestinians cannot have a state and a “right of return” to the other one; there cannot be a two-stage plan to obtain a second state and then work to change the character of the first one; and a peace agreement must contain an “end-of-claims” provision precluding further disputes. The second requirement reflects the obvious fact that, having withdrawn completely from Lebanon and Gaza only to have them become staging areas for new wars, Israel would be crazy to expose its eastern border to the same thing with a militarized Palestinian state. But the Palestinians rejected both of the requirements.

Fourth, the peace-partner Palestinians objected to an Israeli referendum on any peace agreement, considering democratic approval an obstacle to peace. A referendum serves as a necessary check on the legitimacy of the process; it is why the PA itself continually assures its own public (and the terrorist group in Gaza) that any peace agreement would be subject to a Palestinian referendum. But the peace-partner Palestinians do not want one for the Israeli public if it would serve as a check on further one-sided concessions.

Israel is currently faced with a PA that is unwilling to meet the basic requirements of a permanent peace, lacks the political authority to enter into a peace agreement (much less the ability to implement one), opposes any process in which the Israeli public can assure itself of the result, and wants a state simply imposed on Israel by the U.S. or the UN. If the Congressional Resolution helps disabuse it of these notions, it will be a significant contribution to the current non-peace non-process.

Hamas-Run Gaza Gets More Food, Israel Gets More Rocket Fire

Today’s New York Times dispatch from Gaza leads with the fact that there is more food in the Hamas-ruled strip than the people there can eat. But if you thought the easing of the blockade might lesson the chances of violence, you were wrong. While terrorist attacks across the international border against towns and villages are rarely mentioned in the media, the Times does note that despite Israel’s efforts to make the lives of Gazans easier, “rockets and mortar shells fly daily from here into Israel. … Since September, when Israel and the Palestinian Authority started peace talks, there have been 20 to 30 rockets and mortar shells shot monthly into Israel, double the rate for the first part of the year.”

It has been obvious for some time that Palestinian propaganda about a humanitarian crisis in Gaza is a flat-out lie, even though such charges continue to surface in the international media. Yet pressure from the United Nations and so-called human rights groups to completely lift the blockade, which aims to keep munitions and construction materials that could be used for military purposes by Hamas from entering Gaza, grows. But, as many supporters of Israel pointed out during the uproar over the Turkish aid flotilla last summer, those who support an end to the blockade are aiding Hamas while doing nothing for the people of Gaza.

While Israel’s critics like to say that the blockade helps Hamas, the opposite is closer to the truth. The Times quotes Ibrahim Abrach, a political science professor at Al Azhar University in Gaza, who points out the obvious: the easing of the Israeli siege was strengthening Hamas: “I fear that further lifting of the siege will lead to the loss of the West Bank. It is very hard to lift the siege and not boost Hamas.”

In other words, the end of the blockade will not only not hurt Hamas; it will seal the fate of the Fatah-ruled Palestinian Authority in the West Bank, leaving Israel to face the Islamist terrorist group in that territory as well as in Gaza.

Just as ominous is the fact that the easing of the blockade has encouraged Hamas to be more active in its suppression of dissenting Palestinians:

Professor Abrach said that in recent months, as conditions here had eased, Hamas had grown bolder in its suppression of dissent. His apartment has been broken into and his computer taken, he said, and he has been called into the internal security office twice. Passports of Fatah activists have been confiscated.

Khalil al-Muzayen, a filmmaker, said a Swiss-financed drama he shot about the early days of the Israeli occupation here in the 1970s was banned because it depicted Israeli solders as not all monstrous. One or two were nice. “This was seen as pro-normalization,” he said.

For all the incessant chatter about how Netanyahu’s actions or Jewish settlements are an obstacle to peace, the real obstacle remains the intransigence of the Palestinians. Fatah and the PA can’t say yes to the Palestinian state that Israel has repeatedly offered it, because they know that doing so will ensure their rapid defeat at the hands of Hamas. And though credulous fools can always be found to assert that Hamas is showing signs of moderation, everything it does or says belies this claim.

In response to a question from the Times about reconciliation with Israel, Yusef Mansi, the Hamas minister of public works and housing, summed up the Islamists’ stand: “I would rather die a martyr like my son than shake the hand of my enemy.”

Mitchell’s Back: The Fool Returns to His Errand

After two years of failure, George Mitchell is back in the Middle East to resume his fruitless negotiating between Israel and the Palestinians. In theory, Mitchell might have a better chance of achieving at least the semblance of progress now that the administration has dropped its obsession with forcing Israel to adopt a building freeze in the West Bank. Such a freeze was meaningless, since the question of where the borders would be in the event of a peace accord would not be affected by whether or not another Jewish home went up in the West Bank. As Israel showed in 2005 with its withdrawal from Gaza, the presence of settlements will not stop it from abandoning territory if a domestic consensus exists for such a policy.

But even without the burden of pushing Israel to freeze building before talks even begin, it’s not clear that there is any purpose to Mitchell’s visit other than a symbolic gesture of America’s continued interest in peace. Despite attempts by left-wing critics of Israel to demonize Israeli Prime Minister Benjamin Netanyahu and his coalition partners, the blame for this impasse remains with the Palestinians, who have more than once refused Israel’s offer of a state in the West Bank, Gaza, and a share of Jerusalem. But it is useful to review the past two years of failed American diplomacy during which Mitchell and Secretary of State Hillary Clinton have done a great deal to make a bad situation worse.

In 2008, Palestinian Authority leader Mahmoud Abbas was negotiating with then Israeli Prime Minister Ehud Olmert. He refused to take yes for an answer, but the talks that were going on were direct and didn’t fail for lack of Israeli concessions. But when the Obama administration took up Middle East peace as its first foreign-policy priority in early 2009, it changed the dynamic of the situation, and not for the better. By asserting publicly that Israel had to freeze settlements first, and then insisting that such a freeze should include not only Jerusalem but also long-established Jewish neighborhoods in the Jewish state’s capital, the administration forced Abbas to harden his stand to avoid being seen as less hostile to Israel than the Americans were. Over the course of the last year and a half, as Mitchell and Clinton focused more on gaining new unilateral Israeli concessions as preconditions to talks, it was hardly surprising that the result was no serious negotiations as the Palestinians simply sat back and waited for the Americans to deliver for them.

While Mitchell loves to talk about his diplomatic success in Northern Ireland, where he helped bring the warring parties together for the first time, what has happened in the Middle East is just the opposite. When he arrived, direct talks were ongoing; now they are dead and there is little likelihood of a restart, since the administration has already tried and failed with its sole idea for promoting peace: pressure on Israel. While Israel’s critics and foes are urging Obama to double down on such pressure, it appears that even the president and the secretary of state are finally beginning to understand that there is little point to investing any energy in such a process when they know that even if they gain more concessions from the Israelis, the Palestinians will always say no in the end anyway.

The spectacle of Mitchell returning to a dumb show of diplomacy is a sorry indication of both the bankruptcy of the administration’s foreign policy as well as the ineptness of its principal player. Rather than the successful sequel to his Irish triumph that Mitchell keeps predicting, his latest mission resembles nothing so much as a fool’s errand.

West Bank Shows There Is a Military Solution to Terror

The “expert” report Max cited yesterday, which declared Afghanistan unwinnable even while acknowledging progress in the war, reflects a broader problem: the claim that “there is no military solution to terror” has become virtually unchallenged dogma among Western intelligentsia. Yet as Israel’s experience in the West Bank shows, terrorist organizations can be defeated — if their opponents are willing to invest the requisite time and resources.

In March 2002, Israel was at the height of a terrorist war begun in 2000 that ultimately claimed more victims — mainly civilians — than all the terror of the preceding 53 years combined. Every day saw multiple attacks, and a day without fatalities was rare. But then Israel launched a multi-year military campaign that steadily reduced Israeli fatalities from a peak of 450 in 2002 to 13 in 2007.

Last month, Haaretz published two other statistics reflecting this success: the number of wanted terrorists in the West Bank, once in the hundreds, is now almost zero. And Israeli troop levels in the West Bank are lower than they have been since the first intifada began in 1987.

Western bon ton likes to credit these achievements to Palestinian Prime Minister Salam Fayyad and his American-trained security forces. But in reality, the number of Israelis killed by West Bank terror in the year before May 2008, when Fayyad’s forces began deploying, was all of eight — virtually identical to last year’s five and this year’s six. Indeed, had the war not already been over, Israel wouldn’t have agreed to Fayyad’s plan.

What produced this victory was the grunt work of counterterrorism: intelligence, arrests, interrogations, military operations, and, above all, enough boots on the ground long enough to make this possible. That wasn’t obvious in advance: as Haaretz reported, many senior Israel Defense Forces officers accepted the dogma that terrorist organizations can’t be defeated, because they have an infinite supply of new recruits. But then-Shin Bet security service chief Avi Dichter, who insisted that “the ‘terror barrel’ had a bottom,” proved correct.

What Dichter understood was that while there may be millions of potential terrorist recruits, counterterrorism can dry up the supply of actual recruits by making terrorism a business that doesn’t pay. The more terrorists you arrest or kill, the more potential recruits decide that the likelihood of death or imprisonment has become too high to make terror an attractive proposition.

Two articles, in 2007 and 2008, reveal how this dynamic works: Palestinian terrorists, once lionized, were now unmarriageable, because the near-certainty of Israeli retribution made marriage to a wanted man no life. As one father explained: “I wouldn’t want my daughter to marry one. I want her to have a good life, without having the army coming into her house all the time to arrest her while her husband escapes into the streets.” And therefore, the terrorists were quitting.

Most terrorists aren’t die-hard fanatics, and non-fanatics respond to cost-benefit incentives. When terrorist organizations rule the roost, recruits will flock to their banner. But when the costs start outweighing the benefits, they will desert in droves. And then the “unwinnable” war is won.

Everyone Knows Why Clinton Wouldn’t Put Her Promises in Writing

A day after the news of the Obama administration’s decision to abandon efforts to force Israel to agree to another freeze on building in Jewish settlements became known, we’re starting to learn a bit more about the way events unfolded. Though the Palestinians are predictably blaming it all on Israeli intransigence, it’s interesting to note that the “senior American official, speaking on the condition of anonymity to discuss the administration’s internal deliberations,” admitted to the New York Times that “even if Mr. Netanyahu persuaded his cabinet to accept a freeze — which he had not yet been able to do — the 90-day negotiating period would not have produced the progress on core issues that the United States originally had sought.”

Which is to say that even with Israel making a unilateral concession, there was little or no hope that the Palestinians would negotiate in good faith, let alone be willing to exhibit the sort of flexibility that an actual agreement would require. But then again, why did anyone in Washington think they would? The Palestinians had several months during which a freeze was put in place to demonstrate their willingness to negotiate, but they pointedly refused to do so until the temporary freeze expired. This was no surprise to observers of Palestinian politics who remembered that the Palestinian Authority and its leader, Mahmoud Abbas, had already rejected Israel’s offer in 2008 of a state that included virtually all the West Bank, Gaza, and a share of Jerusalem.

Though Times reporter Mark Landler uses his interview with the “senior” official to repeat the usual mainstream-media mantra about Netanyahu being inflexible and to sow doubt about his capacity to negotiate a final deal, he also mentions the fact that the prime minister actually did agree to a freeze in direct consultations with Secretary of State Clinton after she made various promises to the Israelis. But, as Landler notes in passing, Clinton wouldn’t put her promises in writing so as to allow Netanyahu to sell the deal to his cabinet.

Why were Obama and Clinton reluctant to do so? The reason ought to be obvious even to a child: they had no intention of keeping their promises and wanted to avoid producing a document that would enable the Israelis to cry foul. At the very least, there’s little doubt that once the freeze was put in place, Clinton would have reinterpreted the terms of the agreement to Israel’s disadvantage, if not to repudiate it altogether in the way they have reneged on previous U.S. commitments to Israel, such as George W. Bush’s 2004 letter to Ariel Sharon recognizing Israel’s claim to hold on to parts of the West Bank in a peace settlement. Regardless of whether the Obama peace initiative was a good idea in the first place, this episode provides yet another example of this administration’s inept diplomacy, which has made the already remote chances of achieving peace even more unlikely.

Obama’s Settlements Freeze Fold Is Blow to President, Not to Peace

On a day when President Obama was forced to acknowledge his defeat at the hands of congressional Republicans on the issue of tax cuts, it appears that he was also bested by another opponent: Israeli Prime Minister Benjamin Netanyahu. The announcement today that the Obama administration has given up on its effort to force Jerusalem to extend a construction freeze of Jewish settlements in the West Bank will be predictably denounced by those who have always equated progress toward peace with Israeli concessions. But the problem with Obama’s push for a freeze had little to do with any actual chance for peace and everything to do with the administration’s obsession with trying to corner Netanyahu.

Since both men were sworn into office last year within weeks of each other, Obama has pursued policies aimed at undermining an Israeli leader he believed was an obstacle to his near-messianic belief in his ability to make peace in the Middle East. But Netanyahu, a wiser man today than he was in his first term in office in the 1990s when he ran afoul of Bill Clinton, has been able to balance his obligation to protect Israel’s vital security interests on the ground with a need to avoid an open conflict with his country’s only ally. While stating his willingness to accept a two-state solution, Netanyahu faced down Obama in 2009 when the latter made an unprecedented attack on Israeli rights to Jerusalem. In 2010, the Israeli again compromised and accepted a temporary freeze on building in the West Bank but not in his country’s capital, Jerusalem.

The problem with Obama’s schemes was not only the president’s pointless antagonism for Israel but also that the other side of the peace process — the Palestinian Authority — had already made it clear that it would not accept a peace deal that recognized the legitimacy of a Jewish state, no matter where its borders were drawn or whether or not a single Jew remained anywhere in the West Bank. So rather than use the Israeli freeze as an invitation to negotiate, they stalled and waited for it to expire before demanding its resumption and, following Obama’s lead, its expansion into Jerusalem.

In the past three months, as the United States did its best to push him to renew the freeze, Netanyahu was again criticized by Israel’s critics for not doing enough for peace (while the same people ignored the Palestinians’ record of incitement and refusal to make peace on any terms), as well as by Israeli right-wingers (including some in his government) for being too soft with the Americans. Netanyahu agreed at one point to accept a freeze renewal but insisted that Obama would have to pay for it with assurances on other issues while still pointedly refusing to include Jerusalem in any deal to stop building Jewish homes. Many Israelis saw this as a reckless concession, but in the end it came to nothing, as Obama seems to prefer to fold on the issue rather than meet Israel halfway. While the future is far from certain, at the very least the prime minister can congratulate himself on avoiding a major public confrontation with Washington while keeping his own governing coalition intact.

But whether or not this was a victory for Netanyahu’s cautious diplomacy, this is no blow to peace. Sensible observers have been saying all along that the Palestinians’ lack of interest in a final-status agreement, as well as the split between Hamas and Fatah, ensured the failure of Obama’s initiative no matter how much Netanyahu was willing to give up. While we can expect Obama to regroup at some point in the not-so-distant future and renew his campaign of pressure on Israel, the end of his freeze folly illustrates again the president’s inability to understand the realities of the Middle East. While the blame for the lack of peace belongs to the Palestinians, the collapse of this initiative is more proof that this administration hasn’t a clue about foreign policy.

The Myth of Jewish-Only Roads

Helen Thomas is at it again.

“I can call a president of the United States anything in the book,” she said at an anti-Arab-bias workshop in Detroit, “but I can’t touch Israel, which has Jewish-only roads in the West Bank. No American would tolerate that — white-only roads.”

She’s right that no American would tolerate white-only roads. Israelis, likewise, would never tolerate roads for Jews only. That’s why such roads don’t exist.

The roads she’s referring to in the West Bank are Israeli, and they’re not just for Jews. Israeli Arabs can drive on them, and so can non-Jewish foreigners, including Arab and Muslim foreigners. Palestinians were once able to drive on them but have not been allowed to do so since the second intifada, when suicide bombers used them to penetrate Tel Aviv and Jerusalem in order to massacre people.

There are also, by the way, Palestinian roads in the West Bank that Israelis can’t use.

I don’t know if Helen Thomas knows this and is lying or if she’s just an ignoramus. What I’ll bet she doesn’t know is that Arab residents of Jerusalem can use both the Israeli roads and the Palestinian roads. They’re the only people who live in the area who can do this. (Foreigners also are allowed to use both.)

This doesn’t remotely line up with her narrative of perfidious Zion. But it’s true.

The Public Be Damned

Jonathan noted yesterday that foreign critics are outraged by Israel’s passage of a law this week mandating referenda on certain types of territorial concessions. But their outrage doesn’t hold a candle to that of Israel’s own left.

In today’s editorial, for instance, Haaretz complained bitterly that “the public is being given veto power over crucial decisions on foreign policy and security issues.” By “handcuffing the political leadership’s moves in the peace process,” it charged, Israel is spitting in the world’s face.

Labor Party chairman and Defense Minister Ehud Barak similarly complained that “this is not a good law,” because the world will think “Israel is rejecting peace and is handcuffing itself to avoid progress in the diplomatic process.”

These arguments are mind-boggling. First, why should anyone in the democratic world object to giving the public a say in “crucial decisions on foreign policy and security”? Haaretz’s editors would evidently prefer a dictatorship of Plato’s philosopher-king, with themselves on the throne. But democracies are supposed to give the public a say in crucial decisions.

That’s why Britain, for instance, held a referendum on joining the European Economic Community, while France held one on leaving Algeria. In the U.S., this goal is achieved by requiring treaties to be ratified by a two-thirds Senate majority, which is unachievable without significant bipartisan consensus.

But the even more shocking assumption behind these plaints is that, given a choice, the public would reject any deal likely to be signed — yet the government should sign it anyway, and the public be damned.

Like Jonathan, I think Israelis would in fact support any reasonable agreement. But no reasonable agreement would ever be brought to a referendum, because the law requires a referendum only if an agreement doesn’t pass the Knesset by a two-thirds majority. And any reasonable agreement would easily surpass this threshold.

The history of Israeli diplomatic agreements amply proves this point. The treaties with both Egypt and Jordan did pass the Knesset by a two-thirds majority, and both, despite producing a colder peace than Israelis hoped, have stood the test of time. In contrast, not a single agreement with the Palestinians ever came close to achieving a two-thirds majority — and every single one has proved a bloody failure.

Nor is this mere coincidence. The Jordanian and Egyptian treaties won sweeping majorities because both countries’ leaders had proved their commitment to peace: Anwar Sadat by his dramatic visit to the Knesset, in defiance of the pan-Arab boycott on Israel, and Jordan’s King Hussein by decades of quiet security cooperation. And both treaties succeeded because these leaders truly wanted peace.

The Palestinian agreements won only narrow majorities because many Israelis weren’t convinced that the Palestinians wanted peace. And these agreements failed because this skepticism proved well-founded.

Thus the referendum law won’t prevent any deal actually worth signing. Nor will it prevent another bad deal on the West Bank, since it applies only to territory annexed by Israel. But it will at least prevent a bad deal over East Jerusalem and the Golan Heights. And therefore, its passage is genuine cause for rejoicing.

The Five No’s

Jeffrey Goldberg writes wistfully about the “peace process”:

I wish the Israelis had taken serious steps to reverse the settlement process; and I wish that Hamas would go away; and I wish that the Palestinian Authority didn’t argue that the Jews have no connection to the Western Wall (talk about unhelpful!).

There is not much one can do about Goldberg’s latter two wishes. Hamas is not going to go away (even though the Palestinian Authority promised to dismantle it as part of Phase I of the Roadmap); Hamas controls half the putative Palestinian state – and the Palestinians elected it to control their legislature. Elections that might reverse that are not going to happen any time soon, if ever.

Nor is it possible to do anything about Goldberg’s third wish. The PA’s argument that Jews have no connection to the Western Wall is not a new one; it is the argument Yasir Arafat made directly to Bill Clinton in the Oval Office on January 2, 2001, while rejecting the Clinton Parameters. Ten years of unhelpful! The PA’s Ministry of Information “study” posted on its website this week announces that “no Muslim or Arab or Palestinian had the right to give up one stone” of the Wall. So this too is not going to change any time soon, if ever.

But at least Goldberg’s first wish came true: while Hamas was consolidating its power and the PA was asserting that there was no Jewish connection to the Western Wall, Israel took five serious steps to reverse the settlement process:

  1. At Camp David in July 2000, Israel offered the PA a state on substantially all the West Bank and Gaza, which would have required the dismantlement of all settlements other than those adjacent to Jerusalem and/or necessary for defensible borders.
  2. In December 2000, Israel accepted the Clinton Parameters, which would have required the dismantlement of even more settlements.
  3. In 2005, Israel dismantled all 21 settlements in Gaza, giving the Palestinians the opportunity to “live side by side in peace and security”™ with Israel.
  4. In 2008, Israel made another offer of a state to the PA on all the West Bank (after land swaps) and Gaza, demonstrating again that it would dismantle settlements for peace.
  5. In 2009, Israel declared a 10-month moratorium on West Bank settlement-building to meet the Palestinian precondition to negotiations for still another offer of a state.

Five serious steps, five Palestinian rejections.

I would re-phrase Goldberg’s first wish as “I wish the PA had responded to Israel’s five serious steps regarding settlements.” But the PA is not going to respond any time soon, if ever. The problem is not the settlements, or the problem would have been solved long ago. What part of five no’s do those arguing for a sixth step not understand?

Israel’s Critics Are Afraid of Democracy

Yesterday’s vote by Israel’s Knesset to require a referendum to ratify any peace deal that involved the surrender of Jerusalem or the Golan Heights is being slammed in the Arab world as well as by other foes of the Jewish state. For Palestinian Authority leader Mahmoud Abbas, such a vote would be an “obstacle” to peace. Similarly, Israel Lobby author Stephen Walt believes it means the end of the two-state solution, since it “gives a veto to the hard-line settler faction.”

Such claims are laughable. In fact, assuming that the Palestinians were themselves interested in actually signing a peace deal (something they have repeatedly declined to do even when offered virtually all the West Bank, Gaza, and part of Jerusalem, as they were in 2000 and 2008), the knowledge that any accord would have to be ratified by a referendum in which Israelis could vote it up or down would make it more, not less, likely to be accepted by an Israeli government.

One of the problems that helped undermine Israeli support for the Oslo process was the fact that a narrow parliamentary majority rammed it down the country’s throat. Even worse, the follow-up agreement to the first accord, known as Oslo II, was only secured after two members of the now defunct right-wing Tsomet Party crossed the aisle to Labor in exchange for promises of high office and other perks. This shady process helped fuel public opposition to the deal, though it must be conceded that most of the credit for convincing Israelis that their government was on the wrong path must go to the Palestinians and the campaign of terrorism they waged even though peace was supposed to have broken out. Read More

Another Thumbs Down on Obama’s Middle East Gambit

We’ve yet to find a Middle East expert — right, left, or centrist — who thinks that the Obami’s bribe-a-thon is a swell idea. The latest to weigh in is Leslie Gelb, who objects on the grounds that the deal is too generous and gives up American leverage (such as it is) over Israel. My complaints are different, but I don’t disagree with his ultimate conclusion:

Based on my reading of this torturous history, I would not try to start negotiating between Israel and Palestine by leaning on or bribing Israel for the umpteenth time. It hasn’t worked. It won’t work. What might succeed is a dramatic step not by the Israelis, but by the Palestinians. Their leaders should be emulating Anwar Sadat, the great Egyptian president who went to Jerusalem in 1977. His nation had been defeated in the 1973 war, and Israel occupied the entire Sinai Peninsula, a historic Egyptian territory. There was no prospect that Israel would return this land after Egypt had attacked Israel in 1973. But President Sadat took his pride and his great dream for peace with Israel and stood before the Israeli Knesset. In effect, he put his life, not to mention his popularity at home, on the line and conferred recognition and legitimacy upon the state of Israel. In return, Israel returned the Sinai to Egypt, every square inch. …

Today, President Abbas of the Palestinians and his Prime Minister Fayyad also can journey to the Knesset. And there, they can pledge acceptance of “a Jewish state of Israel.” Those very words could not help but unleash a positive Israeli response on the West Bank and even East Jerusalem. That act alone would shrink the haystack of hatred so that the two sides might find the needle of peace.

Well, if you reply that this will never happen, then the question becomes: what are we doing spending precious time and attention on the so-called peace process? If it is inconceivable that the PA leaders would transform themselves into Sadat, then it’s time to stop the charade and focus on improving life in the West Bank and wait for a new generation of leaders and Palestinian citizens to agree that they want the grapes more than they desire to kill the vineyard guard.

NATO Considering Peacekeeping Force in Middle East

Speaking at a press conference in Lisbon during NATO’s summit, NATO Secretary-General Anders Fogh Rasmussen announced that the alliance is prepared to consider sending a peacekeeping force to enforce an agreement between Israelis and Palestinians. Now, that is both very commendable and easy to say. Commendable, because it is a real commitment to invest resources to make a peace deal succeed; easy, because the likelihood of a peace deal is very remote.

Still, for skeptics, take a look at a paper produced by Florence Gaub, a scholar attached to the NATO Defence College in Rome. According to Gaub:

Independently from local security forces, the NATO force in Palestine … would, if it follows the example of the successful cases of Bosnia and Kosovo, need forces ranging from 43,700 to 76,000 men, including the police forces. Of these, between 16,100 and 28,000 would patrol Gaza, and between 27,600 and 48,000 the West Bank.

Gaub gives a long and detailed explanation as to how she gets to that number — an explanation that is worth reading because it is based on sound number-crunching from previous experiences of peacekeeping. She also confronts the unpleasant scenarios that putting boots on such ground would result in.

But quite aside from her assessment (which leads her to conclude that “NATO’s mission in Palestine would have slim chances of success and a high probability of failure”), what are the chances that NATO countries that found it hard to contribute an additional few thousand men to Afghanistan would give 76,000 for Palestine?

The Value of a Written Commitment

An Israeli official noted on Friday that the U.S. had still not produced a letter confirming the promises made to Benjamin Netanyahu the week before, including the pledge to give Israel 20 F-35 stealth warplanes worth $3 billion, which produced this reaction from Benny Begin:

“It looks like the free stealth fighters have slipped,” said Benny Begin, a minister from Netanyahu’s Likud party who is opposed to the proposed U.S. deal, warning that Washington was setting a trap to extract major concessions later down the line.

“One may wonder if you cannot agree to understandings from one week to the next, what could happen over three months,” Begin told the Army Radio on Friday.

With this administration, it is a good idea to get oral understandings in writing, since Hillary Clinton famously argued last year that a six-year unwritten understanding of a “settlement freeze” (no new settlements or expansion of the borders of existing ones) was “unenforceable” — and that henceforth every new apartment (or announcement of one) would be considered a “settlement.” No wonder the Israeli security cabinet decided that an oral understanding would not be worth the paper it was written on.

Of course, with this administration, the value of a written understanding may not be worth much more. One of the provisions of the 2004 Bush letter was that the “United States will do its utmost to prevent any attempt by anyone to impose any other plan” than the Roadmap (emphasis added), with its requirement of a negotiated settlement based on UN Resolution 242. Israel sought the commitment to prevent the possibility that a complete withdrawal from Gaza might eventually lead the UN (or a subsequent U.S. administration) to seek to impose a complete withdrawal from the West Bank, rather than an agreed withdrawal to defensible borders.

Rather than reaffirm that commitment, the new U.S. letter commits only to opposing a UN declaration of a Palestinian state for a year (which coincidentally ends at the same time the Palestinian prime minister says he will have established the institutions of a state). The one-year commitment is thus less a promise than a threat – you’ve got a year to come to an agreement – that will add a perverse influence to the process: pressure on Israel from the time limit and a reverse incentive for the Palestinians to wait for its expiration, in the hope they can then transfer the issue to the UN without opposition from the United States. It is not clear what the value of such a letter is.

Why the Silly Deal Is a Bad Deal

Some genuine friends of Israel have shrugged their shoulders over the latest foolish attempt by the Obami to lure the parties back to the non-peace talks. OK, they concede, it won’t work and is absurd (another 90 days won’t matter), but what is the harm? Besides, Israel gets those planes (but what if after 90 days the talks end?). Elliott Abrams succinctly explains in a Voice of America interview why the deal is not just ludicrous but also dangerous:

“They have been negotiating for a very long time and they have not been able to overcome the differences on some critical issues like Jerusalem or security arrangements,” said the former foreign policy advisor to U.S. Presidents Ronald Reagan and George W. Bush. “It may be too optimistic to expect the Israelis and Palestinians to come to an agreement by 2011 on all issues which separate them when they have not yet started negotiations.” …

“It is the linkage.” he says. “The Israeli agreement to extend their construction freeze in the West Bank by 90 days is now linked to a squadron of jets and to U.S. vetoes in the U.N. Security Council.”

Abrams believes neither of these linkages should be connected with the issue of a West Bank construction freeze by the Israelis.  He said the U.S. should be making decisions in the Security Council on the basis of principle.

“If it is a bad resolution we should veto it,” the Middle East scholar says. “Similarly the U.S. should give Israel what it needs, but it should not be linked to a 90 day extension of the freeze.”

For the same reason that it is unseemly for the U.S. to make the offer, it is unwise for the Israelis to play along.

And really, isn’t it time to pull the plug on this destructive and distracting sideshow? If the U.S. and our allies spent half the time and effort on constructing a viable plan to prevent Iran from going nuclear as they do trying to badger Israel into making concessions to Palestinian “leaders” who can’t and won’t make a deal, we’d all be a lot safer, and Obama’s reputation abroad might rebound. Pro-Israel groups and lawmakers would do well to start making that point.