Is there a solution to the Palestinian question?

Back from a quiet time, and look at what happened? The first was that at the end of 2016, New Zealand co-sponsored a UN resolution “demanding” that Israel stop building settlements in the occupied territories of the West Bank. This generated a surprising amount of heat, if not much light. For those who have read my fiction, I have advocated logic as a way of analyzing problems, and it seems to me this question is suitable for such an approach, not that it is likely to succeed.

We start by acknowledging where we are. Israel is a Jewish state, and it occupies by military force the West Bank, which was largely populated by Palestinians, many of whom were forced out of the rest of Israel. The two sides have been very antagonistic towards each other, and the objective is to try to find a solution where both can live in peace. The question is, what are the conditions that might lead to that outcome? In my opinion, the options are:

  1. Move the Jews out of the area. However, the Jews have such an invested infrastructure this option is not a starter.
  2. Move the Palestinians somewhere else. The problem is, where? People say Jordan, but Jordan is already overrun by Syrian refugees, and in any case, why does someone else have to pay the price? While most of the Jews came recently, the Palestinians have been there for a very long time. Whoever advocates this solution can do their own bit, by accepting a Palestinian family, providing them a home and jobs, and a guaranteed income until they can fend for themselves. In short, put your money where your mouth is. I bet there will not be sufficient takers to make a difference.
  3. Incorporate the Palestinians into Israel, with full citizenship, and enough money to make a start to life. That is a non-starter because Israel is a Jewish state, and a Muslim majority would be non-acceptable.
  4. Have a two state solution.

In my opinion, only (4) has any hope, but here the problem is the West Bank is not exactly large, and it is covered with a pox of Israeli settlements. Some people say, they are only 3% of the area. Before addressing that, we must ask, are the settlements legal?

When the first settlements were being considered, the legal counsel to the Israeli Foreign Ministry was asked whether international law permitted civilian settlement in the occupied territories. The reply: that would contravene the explicit provisions of the Fourth Geneva Convention. The settlements are illegal because international law forbids an occupying power from moving part of its population to occupied territory. The territory is under military occupation, and it is for that reason the Arabs who live there do not have to be integrated into Israel.

Here is the legal dilemma from the Israeli point of view. Granting citizenship to the Palestinians would mean either Israel ceased to be a proper representative republic, or it would cease to be a Jewish state. Not granting such citizenship meant they were under military occupation, and international law should apply.

In this context, it seems that everybody who keeps asserting Russia violates international law and should be punished are strangely quiet on Israel. Instead we have the rather bizarre situation where the people of the West Bank fall into two subsets: settlers enjoy the full rights of Israeli citizens, while the Palestinians are still under military occupation and have essentially no rights. The question then is, how long will this go on? Obviously, the hard right of Israeli politics seems to think, forever. Whatever else they have, compassion for the Palestinians is not one of them.

Returning to the 3% problem, the area of the settlements is not the issue. The settlements are all connected to Israel proper by roads controlled by Israel that slice up the West bank. The settlements all demand water, sewage, electricity, and other services. All of these services are controlled by Israel, and are unavailable to the Palestinians, and worse than that, Israel would not let the Palestinians cross their fixed infrastructure, because they would expect it to be damaged.

If there is to be a two-state solution, the Palestinians have to go some way. They have to accept the right of Israel to exist, not because it is right but because there is no alternative. Incidents such as the recent one where a Palestinian drove a truck through some Israeli soldiers have to stop. First it is not right to kill people, and particularly those who are not directly responsible for your problems, and second it is counterproductive, because it just firms up Israeli opinion about them. The Palestinians have been severely wronged, and everybody should acknowledge that, but the Palestinians cannot progress by living in a morass of moaning about wrongs. That does not mean that others should not do something to help, though. When the United Nations voted to form Israel, they gave away that which they did not own. In the Naqba, about 700,000 Palestinians were displaced, and their property taken over by Israel. Of course, following the UN resolution, the Israelis could say they had no choice. Maybe, but if that was what the UN wanted, they should have purchased the Palestinian properties and given them to the Israelis. The fact of the matter is that Israel was founded on promises (Lloyd George offered the concept to Jews to help raise money for the war effort, which probably did not help the attitude of a certain Austrian corporal.), terrorism (it is the one shining example that proves that sometimes terrorism does work) and military force. One of the great ironies is that the Jews sent to Palestine in the late 1930s from Germany, organized by a certain Reinhardt Heydrich, set about terrorist activities against the British during WW II, while Heydrich was busy organizing the mass murder of Jews in Europe. The fact that the Palestinians and other “Arab” countries tried military means to right the wrongs done to the Palestinians is also irrelevant, although through their lack of effectiveness it has obviously made the problem worse.

But the past is irrelevant. We are here. If we accept that the two-state solution is the only possibility for civilized peace, then both sides must make serious concessions, and more to the point, the rest of the world that voted to create this problem has to come to the party with serious investment to make Palestine at least a plausible state. If you vote to give away that which you do not own, then you should be prepared to pay for it, to give the Palestinians some hope. The alternative is that the Palestinians live in perpetual military occupation, with no rights, and subjugated by a military force that does not like them one bit.

The recent example of a soldier who saw a Palestinian lying on the ground, and because he believed that Palestinian had injured an Israeli, he shot him. The Palestinian was subjugated, and would have been taken away for trial, but this soldier simply executed him. If you see interviews of Israelis, a large number (including some right wing rabbis I saw interviewed) seem to think the soldier was right. Sorry, but that is not civilized, it is not legal, and it most certainly is not helpful.

So if neither side is interested in reaching a solution, how does this end? I confess I have no idea, except I cannot see it ending well

Advertisements

From whence international law?

One of the more curious aspects of the recent Syrian issue is the question of whether Syria broke international law. The curious part arises from the issue, what is international law?

As far as I can make out, prior to 1940 there was no international law. The reason is simple. One of the fundamental principles of law (e.g., read the Magna Carta) is that a sovereign authority can write law that informs those subject to it what they are not permitted to do. That implies that there is a sovereign authority, and prior to 1940, each nation was its own sovereign authority. However, by 1945, the sight of the German concentration camps was so horrifying that it seems everyone thought that something had to be done. The Russians would probably have simply taken away the leading Germans and killed them, but the Americans decided to put them on trial. The problem was, the Germans had technically not broken any law, because the Reich was not technically subject to any law. Never mind! The Nazis were tried for what should have been law, and duly executed, and because what they were accused of was so vile, nobody objected (and nor do I object. I think one of their own concentration camps would be just about right). But let us take a deeper look at what followed.

First, for some reason the Japanese got off more lightly, and ex-Nazis that were useful got a sort of immunity. Subsequently, in the Balkans, the West has complained about ethnic cleansing, but at the end of WWII, millions of Germans were ethnically cleansed. The German army of von Paulus surrendered, and the great majority of those soldiers died in captivity, but that, apparently, was not a crime. At a somewhat lower level, the family of my son-in-law were Poles, and the Russians simply took their land and sent the family to Siberia. They eventually managed to get to New Zealand, but there was never recompense for their lands. Justice at this level is hardly blind!

This brings me to the current US complaint that Russia is vetoing action against Syria in the UN. Accordingly, the US wants to let fly with cruise missiles to “teach Assad a lesson”. The first thing we can say about that is that previous such lessons have never ended well, and nobody, least of all the US government, seems to have learned anything. The second thing is that Iraq went ahead without UN authorization, so in many ways that was unlawful, unless international law is reduced to, he who has the most sophisticated forces is right. Then there is the argument, what has Syria done that is illegal in international law? Here the problem is, there is no international law, but even by treaty, as far as I know, Syria has not signed any treaty that bans the use of chemical weapons. Killing its subjects cannot be good, but by some estimate there have been about 100,000 deaths so far, and nobody got too worked up about that. Of course the US claims that its cruise missiles will be surgical and will not kill anybody. Yeah, right!

The question now is, do you believe two wrongs do not make a right? If you do, why is sending cruise missiles into another country and blowing stuff up right? Why is it even legal, apart from the fact there is no real international law? I think there should be international law, but I also think it has to be put in place by an entity that is given the right to enforce such law. In my ebook trilogy “First Contact” I wrote in a federation of nations with Federation armed forces, even though most countries also had their own, and generally did their own policing. I shall enlarge on this federation is subsequent posts.

All of which leads to the question, what should be done in the near future about Syria? As far as I can see, the only way that is likely to end the killing is to partition Syria and permit and assist significant ethnic movement. It is not a great solution, but can anyone think of anything better that has a realistic chance of success?