The Irrelevant Distraction That Is The Palestinian UN Bid

November 29, 2012 § 8 Comments

Since the topic du jour is the UN vote to grant observer-state status to Palestine, I thought I’d weigh in with my two cents. Former Israeli deputy defense minister Ephraim Sneh argues at Foreign Policy that the Palestinian UN bid is actually a good thing for Israel by foreclosing a one-state solution, and I agree with much of what he says in his piece (although I think he is letting his politics get in the way of his objective judgement in blaming Bibi Netanyahu for placing conditions on negotiations rather than acknowledging that it was actually Mahmoud Abbas who imposed a set of preconditions that ended up freezing talks). Whether the Palestinian UN bid is good for Israel or bad for Israel though is in many ways academic, because the reality of the situation is that the UN vote today has almost no relevance to either side. If Israel or the Palestinian Authority thinks that this will mark any type of turning point in how the world conceives of Palestinian statehood, they are both delusional.

To begin with, the most important element for Palestinian statehood is whether or not people think of Palestine as being an independent state-like entity, and the world crossed the Rubicon on that issue long ago. A couple of decades ago, the West Bank and Gaza were almost uniformly referred to as the Palestinian Territories or the Occupied Territories, and only the most ardent partisan supporters of Palestinian statehood referred to Palestine. After the Oslo Accords, which were intended to be the first step on the road to Palestinian autonomy and which created the Palestinian Authority, the discourse began to change a bit and the term Palestine began gaining more currency, but most importantly people began to view the West Bank and Gaza as resembling a state since there was a Palestinian legislature, a president, and other political institutions that one associates with a state. In the subsequent two decades since Oslo, the term Palestine has gone from being a loaded political term to one that most of the world uses in a casually obvious manner, and it is difficult for me to recall the last time I heard the West Bank or Gaza called the Palestinian Territories in any ubiquitous way. What matters for Palestinian statehood is whether people think of the West Bank as constituting a Palestinian state rather than whether an entity called Palestine is a “permanent observer” or “non-member state permanent observer” at the UN. In this case, the dominant casual discourse is more important than international institution legalese.

Second, in 2012 the facts on the ground carry more weight than a UN declaration. Like I said, the Palestinian Authority has a president, a police force, the ability to collect and disburse revenues, ministers with different cabinet portfolios, and a host of other institutions that we associate with states. Partisans aside, most casual observers would look at the West Bank and dub it a separate state irrespective of what the UN thinks. I’ll let you in on another inconvenient fact, which is that Hamas is well on its way to a similar situation in Gaza. Hamas rules Gaza under the auspices of a prime minister, it runs a government with its own headquarters that levies taxes and issues permits, and it ostensibly participates in the Palestinian Legislative Council. As I pointed out last week, Hamas runs Gaza like a separate state and that situation is here to stay, and despite the fact that the UN is unlikely to ever recognize a Hamas-run state in Gaza, plenty of other countries already have. The Qatari emir and Egyptian prime minister have traveled to Gaza on official state visits, and Turkish PM Erdoğan has announced that he might do the same at any time. As much as nobody wants to admit it, Gaza is being treated in some quarters like a de facto state and this trend is only going to grow, and it illustrates again how perception and actions matter a lot more than a UN blessing.

There is an argument to be made that Israel’s primary concern here is that granting Palestine non-member state status will open the door toward prosecution of Israeli officials at the International Criminal Court, but Mark Goldberg has convincingly thrown cold water on that theory by pointing out the ICC prosecutor’s leeway in accepting or declining cases and highlighting the types of cases that have currently been brought before the court. I’m not as sure as he is that prosecuting Israelis would lead to European states withholding funding for the ICC, but I’d throw in the fact that if Palestinians go after Israel at the ICC, Palestinian officials are then opening themselves up to their own charges before the ICC as well, so it is very much a double edged sword. Given all of the above, if I were Israel not only would I not waste any time or effort trying to fight today’s vote, I would actually vote for Palestinian statehood as well. Doing so would go a long way toward rebutting criticism that Israel is not genuinely interested in allowing for a Palestinian state in the West Bank, it would remove from the table an easy issue that people use to bash Israel, and it would create one less headache for the U.S. Israel is fighting a losing uphill battle on the statehood issue, and a meaningless UN vote is not going to change that one way or the other. The only way out is to begin serious negotiations with the PA and get out of the West Bank as soon as is humanly possible, and by dragging things out and losing one public relations battle after another, Israel is not doing itself any good.

I Say Israel,You Say Israel

October 23, 2012 § 2 Comments

So, how about that foreign policy debate last night? Among some of the international affairs topics discussed by our two august candidates for president was the auto industry bailout, economic opportunities for the middle class, how to balance the budget, bayonet manufacturing and horse husbandry…well, you get the point. I made a joke on Twitter before the debate started alluding to the fact that, unlike during the first two debates, nobody was going to be complaining about the lack of foreign policy in this debate, but turns out the joke was on me. Mitt Romney was all too happy to shift the debate away from foreign policy to the economy and President Obama for some reason followed. I’m still waiting for the promised foreign policy debate.

One topic that did come up early and often, however, was Israel. Obama was the first to break the seal, and both candidates spent a lot of time playing up their pro-Israel credentials. Curiously, Romney initially seemed to back off his early and often claim that Obama has “thrown Israel under the bus” and when he resurrected his usual line of attack later on, Obama hit back at him hard by comparing Romney’s fundraising trip to Israel to Obama’s own trip to Israel during the previous campaign when Obama visited Yad Vashem and the rocket-scarred border town of Sderot. So aside from the fact that the debate was held in Boca Raton and that Florida has a large Jewish population, why so much focus on Israel? As much as some people like to shout about the Israel lobby, Israel happens to be very popular with U.S. voters generally, and some important swing states like Florida, Pennsylvania, and Ohio have a high percentage of Jewish voters. The race by each candidate to establish pro-Israel bonafides is caused by the electoral college, and not the Israel lobby. Were there a national popular vote rather than a state-by-state one, Israel would come up a lot less.

More interesting is not that Israel was mentioned so often (22 times vs. not one mention of Europe, which is a staggering fact to digest about a supposed foreign policy debate given everything going on in the Eurozone at the moment), but that Obama was the first one to do it. Israel is generally viewed as a weak spot for Obama given the uneasy relationship he has with Bibi Netanyahu and the constant GOP attacks on Obama’s record toward Israel, and I would have bet that Romney would bring up Israel and try to hammer Obama over the head with it and force him to play defense. That Obama preempted Romney and repeated again and again that Israel is America’s greatest ally in the Middle East, that Egypt breaking its peace treaty with Israel is a red line for the U.S., and that the U.S. will back Israel if it is attacked says to me that the Obama campaign has some internal polling that is scaring it to death. Obama had clearly also prepared a strong and challenging answer for Romney’s contention that Obama was not sufficiently pro-Israel and he hit him hard with it when the opportunity arose. Obama knows that beginning with Franklin D. Roosevelt and continuing through his own victory in 2008, only once has a Democrat been elected president without winning at least 75 percent of the Jewish vote (Jimmy Carter received 64 percent in 1976), and I think based on last night that he is legitimately worried about what will happen should he miss that threshold.

A few other quick and not so quick thoughts on non-Israel related topics:

There was much speculation a few months ago about which camp was winning the fight for Romney’s foreign policy soul, the neoconservative wing or the GOP establishment realist wing. It seems pretty clear after last night that John Bolton and Romney’s other neocon advisors appear to have lost the battle. Romney disavowed intervention in Syria and was not pushing too hard for a war with Iran, and in many ways agreed with much of what Obama has been trying to do.

For me, the most disheartening part of of the debate last night was the brief section on drones. The reason it was brief is because Obama and Romney apparently have the exact same position on the subject, which is that drones are a great tool that the U.S. employs and are entirely unproblematic. I know most people don’t think much about the drone war taking place in Pakistan and that the public is generally supportive of it, but this is something that desperately needs to be debated. As Justin Green succinctly put it, “This is the time partisanship should cause these questions to arise, but instead we have a consensus on the issue. Shameful.” Leaving aside the fact that the drone war may be radicalizing an entire new generation of people, or that it leaves large numbers of civilian casualties in its wake, or that the Obama administration has taken the unprecedented – and to my mind blatantly unconstitutional – step of claiming the right to kill American citizens extrajudicially via drones without any type of meaningful due process, there is another serious issue the drone war raises, which is that we are opening a dangerous Pandora’s box. At some point other states are going to ramp up their use of drones as well, and I don’t quite know what our response will be given our current behavior when China or Russia or Iran starts flying drones over U.S. territory. I desperately wish that if this issue were to unite both parties it would be in the other direction, but at the very least we need to have some debate on this, rather than Obama talking about how great the policy is and Romney nodding his head as vigorously as he can.

Finally, Romney’s call for Mahmoud Ahmadinejad to be indicted for advocating genocide was a bit curious given what I am sure is his position on international tribunals and universal jurisdiction. If Ahmadinejad were to be indicted, the indictment would be issued by the International Criminal Court, a body which nearly all Republicans are opposed to and to which the U.S. has not joined as a member (and with good reason, in my view). I am certain that Romney does not support the idea of international judicial organizations having the power to bring criminal cases across all national boundaries, and yet he forcefully advocated such a move for Ahmadinejad. Talk about head-spinning!

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