Thinking Strategically on Settlements

July 13, 2012 § 1 Comment

Shimon Peres gave a speech this week in which he warned about the danger that settlements pose to Israel’s Jewish majority. He spoke about a “threatening demographic change” and pointed out that without a Jewish majority, Israel will cease to be a Jewish state. This prompted predictable outrage from the right, with Yesha head Dani Dayan inveighing that the only danger to the Jewish state is conceding the right to the West Bank and 350 rabbis sending Peres a letter in which they said he should beg for forgiveness for the peace process and criticized his “hallucinatory ideas.” Peres’s speech also, however, brought opprobrium from the left, as various people were upset that Peres framed the problem with settlements as a strategic problem rather than an ethical or moral one. In this view, the primary problem with the settlements is that they are furthering the occupation and preventing a Palestinian state, and thus the argument against them should be that Israel is perpetrating an unethical policy in the West Bank and settlements should be denounced primarily as conflicting with the value of a democratic state and a Jewish state.

I am sympathetic to this argument, but it ignores the politics of the situation and misses the long view. The left and center-left do not need any convincing on the need for Israel to abandon the settlement enterprise outside of the major settlement blocs that Israel will presumably keep in a peace deal. If there is to ever be real movement on this issue, it is the right that needs to be brought around, and arguments about Palestinian rights are unlikely to be convincing. I do not mean to suggest that everybody on the right is completely unconcerned with the status of the Palestinians on the West Bank, but this has historically not been a winning argument on the right. If the right is to be swayed, it will be by arguments about Israel’s security and future, and in that sense, the demographic argument is the only one in town. I’ve heard that people in the upper ranks of the government don’t take the demographic threat seriously and believe that time is actually on Israel’s side, and I have had similar impressions in talking to friends and colleagues who are more rightwing on Israel issues than I am. When I was in Turkey two years ago, I got into what turned into a heated discussion with an older American Jewish couple whom I met while their cruise ship was docked in Istanbul for the weekend. During a conversation about Israel where I brought up the argument that Israel was running out of time to separate from the West Bank, the wife heatedly insisted that I had no idea what I was talking about because her daughter lives in Israel and has five kids, and so she absolutely refuses to believe that in 20 years there will be just as many Palestinians in Israel and the West Bank as there are Jews. The only way to convince rightwingers and conservatives that settlements need to be dealt with is to keep on pushing the demographic argument and make people realize that every day that passes increases the possibility of a binational one state Israeli future. This is why Peres’s speech was the correct response to the Levy Report, and while it might make folks on the left upset, a little more strategic thinking on this issue is required.

On a similar note, this is why I think that the Levy Report is so dangerous and why I disagree with Brent Sasley’s argument that Levy does not represent anything new. Has Israel been extending its control over the West Bank? Yes, it has. But that doesn’t mean that the Levy Report is not a dangerous development, because by legally eviscerating the line between Tel Aviv in Israel proper and Efrat over the Green Line, and between authorized settlement bloc Ariel and unauthorized outpost Migron, it brings a one state solution ever closer (for those whose Hebrew is less than stellar, Elder of Ziyon has a useful translation of the legal reasoning section of the Levy Report). The report’s significance is not in what it signals about past Israeli intention in the West Bank, but in what it signals about Israel’s political future and survival as a Jewish state. Brent and others think that the report is simply more of the same and that the declaration that there is no occupation is just the Israeli right showing its true colors in a more public manner, but this loses sight of the fact that Levy represents the opening salvo in the growing calls for a rightwing one state solution. Quite simply, this will be the end of Israel as we know it, and the right needs to be convinced that this is a path to oblivion. If this requires hammering away at the demographic argument and dropping language steeped in morality and ethics, so be it. Peres is on to the right idea here, and people on the left and the center should start thinking along these lines as well.

Not All Unilateral Withdrawals Are Created Equal

May 31, 2012 § 2 Comments

There has been lots of buzz in Israel lately about the idea of a unilateral withdrawal from the West Bank. Ami Ayalon and his colleagues at Blue White Future wrote an op-ed in the New York Times in April arguing that a unilateral approach would lay the groundwork for a two state solution by allowing settlers to voluntarily relocate west of the Green Line and reducing tension on both the Israeli and Palestinian sides while establishing a preliminary border based on the security fence. Then yesterday at the annual Institute for National Security Studies conference, which draws nearly every important Israeli politician and defense heavyweight, Ehud Barak said that a unilateral withdrawal must be considered by the government if negotiations with the Palestinians remain at an impasse. Barak immediately came under fire from the Palestinian Authority, which said that a unilateral Israeli withdrawal would destroy any hopes for a negotiated two state solution, and from other Israeli government ministers such as Education Minister Gideon Sa’ar, who called Barak’s suggestion a dangerous idea and accused him of naivete. The prime minister’s office also distanced itself from Barak’s remarks and made it clear that Barak was speaking for himself rather than for the government.

There are two major objections to a unilateral withdrawal from the West Bank, one from the left and one from the right. The one from the left is that Israel has committed itself to negotiations with the Palestinians on the contours of a Palestinian state, and any moves to sidestep a negotiated solution are a violation of the Oslo Accords. I find this argument to be unpersuasive for two reasons. First, the Palestinian Authority has itself embraced unilateralism when it finds it to be convenient, such as its efforts to have the UN recognize an independent state of Palestine outside any negotiating framework with Israel. If unilateralism is ok for one side, then it is ok for the other. Second, and more importantly, the party that is currently refusing to return to the negotiating table is not the Israelis but the Palestinians. I have written before about the strategic foolishness of setting negotiating preconditions but the additional problem here is that whatever one may think of Bibi Netanyahu’s policy on settlements or his actual desires regarding an independent Palestinian state, he is not currently the obstacle to restarting negotiations. If the Palestinians were willing to sit down tomorrow, the Israelis would meet with them immediately, so the PA blasting unilateral moves as an unwillingness to negotiate when they themselves are refusing to hold talks smacks of hypocrisy of the highest order. There simply cannot be a negotiation when one side refuses to enter the room.

The objection to a unilateral withdrawal from the West Bank from the right is that the Gaza withdrawal was a terrible mistake that created a terrorist enclave, emboldened Hamas, and subjected Israel to a constant barrage of rockets raining down on southern Israeli towns. These are all valid concerns, but I think the comparison to the Gaza withdrawal is not the correct one to make since the circumstances are different in a few important ways. To begin with, Israel withdrew from Gaza completely and not entirely on its own terms. In contrast, an Israeli withdrawal from the West Bank would still leave Israeli soldiers in the Jordan Valley and Israel has determined the precise spot to which it would withdraw by constructing the security fence. Furthermore, while Gaza was a Hamas stronghold before Israel pulled out, the West Bank is under the firm control of the Palestinian Authority and that control has only increased in recent months as Mahmoud Abbas has cracked down on dissenters. The Palestinian Authority is far from perfect, but no serious observer would suggest that there is not a large qualitative difference between the PA and Hamas, both in terms of temperament and willingness to coexist with Israel. In addition, while Hamas has been able to smuggle rocket parts and weapons into Gaza through the Rafah tunnels along the border with Egypt, a tunnel system in the West Bank would be impossible since it shares a border with Israel and the Jordan River. Even if Hamas were to come to power in the West Bank or the Palestinian Authority reversed course and decided to launch a rocket war, the means to do so would be extremely limited as any smuggling taking place would be above ground and far easier for Israel to detect and stop.

There is also an important difference between Gaza and the West Bank in terms of environment and incentives. Gaza has always been more crowded and impoverished than the West Bank, and when Israel withdrew there was an argument embraced by many that there was little left to lose by taking the fight to Israel. There was also the fact that Israel wasn’t holding any more cards; it had withdrawn completely and Hamas was not interested in any negotiating toward a state anyway, so until Israel carried out Operation Cast Lead, there was little incentive for Hamas not to shoot rockets over the border. The West Bank, however, is not Gaza. The economy is much better, the quality of life is much higher, and Palestinians in the West Bank have a lot more to lose by risking a large scale Israeli military incursion. In addition, a unilateral Israeli withdrawal does not mean that the Palestinian Authority in the West Bank has nothing left to gain through negotiations. There will still be an IDF presence in the Jordan Valley, and the Palestinians will still not have a state along the borders that they desire and certainly will not have any part of East Jerusalem as their capital  (and unlike Hamas, the PA’s stated goal is establishing a viable state). In short, the incentive structure for West Bank Palestinians following a hypothetical Israel withdrawal is vastly different than it was for Gazan Palestinians following the Israeli disengagement in 2005.

An Israeli withdrawal from the West Bank certainly is fraught with dangers both known and unknown. That does not, however, mean that it will automatically carry with it the same consequences as the Gaza withdrawal did. Barak is right in noting that Israel at some point is going to have to do something, since holding onto the West Bank indefinitely is not a real option and Palestinian intransigence in negotiating needs to be met with some sort of response. The immediate PA attack on the idea itself gives you a good idea of whether Palestinian officials think that a unilateral withdrawal is in their best interests, and perhaps the credible threat of withdrawal will give them the kick they need to resume negotiations. In any event, the idea of unilateral withdrawal should not be so casually dismissed with facile comparisons to Gaza.

You Mean Abbas Is Not A Committed Liberal?

April 24, 2012 § Leave a comment

George Hale reports in Ma’an that the Palestinian Authority has been forcing Internet service providers to block websites critical of Mahmoud Abbas on the orders of the attorney general, who is getting his marching orders either from PA intelligence or from Abbas’s office directly. This is sadly not at all surprising coming on the heels of arrests of journalists for criticizing Abbas on Facebook, and is the latest reminder that while the PA may look benign compared to its more radical cousin in Gaza, it is not and never has been a democratic organization, nor is it a paragon of liberal values.

The question is why is this taking place now, and as with so much of this type of behavior, the answer is internal Palestinian politics. Hale notes that the sites being shut down are perceived to be in Muhammad Dahlan’s camp, and since Dahlan is Abbas’s fiercest and oldest rival, Abbas has missed few opportunities to harass him every chance he gets. Eliminating rivals has taken on greater urgency, however, as calls grow for the indefinitely postponed Palestinian elections to actually be held at some point soon. No date has been set, but events on the ground indicate that Abbas is preparing for an election that he anticipates will take place by the end of the year. The shutting down of sites loyal to Dahlan is part of the general crackdown on dissent and criticism of Abbas that is being carried out against journalists, bloggers, and private citizens. These measures have intensified and suggest that Abbas is more worried now about public opinion than he has been in the past.

Dahlan is also not the only potential rival being targeted. The recent contretemps between Abbas and Fayyad, initiated by Abbas trying to embarrass his prime minister by having him meet with Netanyahu on Palestinian Prisoners Day and now having degenerated to the point where Abbas refuses to be on speaking terms with Fayyad, is also borne out of internal Palestinian politics. There are rumblings that Fayyad might challenge Abbas and run for president, and even though Fayyad has no real base of support and would likely lose, his popularity with foreign governments and the international community still makes him a dangerous threat to Abbas. Unlike Dahlan, who is basically a gangster chieftain, Fayyad cannot be compromised or endlessly investigated, so Abbas’s options for discrediting him are limited to trying to make him look foolish and like an Israeli stooge, but that doesn’t mean he isn’t going to try. And of course, Abbas is doing everything he can to root out support for Hamas in the West Bank, which presents the ultimate threat to his continued rule over the PA.

Taken together, I think this means that Abbas knows something we don’t, and that elections are more imminent than anyone thinks. The Arab Spring and elections in Tunisia and Egypt make it harder for the PA to keep on pushing them off, and Abbas’s actions look to me like classic campaigning in an electoral authoritarian state. Expect more reports of decidedly illiberal behavior on Abbas’s part for the rest of the year, or until elections are held (if ever). When Abbas took over the PA’s reins following Arafat’s death, there was a perception that he was quiet and mild mannered and had no real interest in staying in power for long. Turns out that being Palestinian president is a decent gig, and like authoritarians everywhere, Abbas is willing to fight dirty to hang on to his job.

Today’s Depressing News Roundup

April 23, 2012 § Leave a comment

There is so much to talk about on the Israeli and Palestinian fronts today that I don’t even know where to begin, so I thought I would just write about a bunch of stuff in one post.

First up, Mahmoud Abbas and Salam Fayyad are apparently now not even on speaking terms, with Abbas refusing to return Fayyad’s calls or schedule a meeting with his own prime minister. I wrote last week about the tension between the two men and what Fayyad might be thinking so no need to rehash it, but to state the glaringly obvious, this is a recipe for absolute disaster. Fayyad cannot continue in his post if Abbas literally refuses to interact with him, and Fayyad leaving will mean the collapse of any PA credibility, much of the PA’s international support will evaporate, conditions on the West Bank will deteriorate which may very well lead to an outbreak of mass violence, and Hamas will move in to fill the power vacuum. Despite everything else going on, this is the most important development of the weekend, and also the one with the potential to create the most long-lasting havoc.

Moving on, Egypt has unilaterally terminated its gas export deal with Israel (technically with East Mediterranean Gas Company, which is the entity that handles the exports), prompting a slew of responses ranging from Shaul Mofaz’s opinion that this is a possible breach of Camp David to Bibi Netanyahu’s Alfred E. Neuman what-me-worry impression since he says that Israel’s natural gas reserves will soon make it energy independent anyway. Netanyahu claims that this is nothing more than a business dispute that has nothing to do with politics, and Egypt says that the government was completely uninvolved in the decision, yet for some strange reason Israeli Deputy Foreign Minister Danny Ayalon met with the Egyptian ambassador today to get clarification on the reasons behind the gas cutoff. Methinks the the prime minister doth protest too much. This is just the latest headache for Israel on the Egyptian front, and while it is not going to put the peace treaty in jeopardy, Avigdor Lieberman’s contention that Egypt presents a bigger danger to Israel than does Iran is going to be a growing theme on Israel’s right. This is a perfect example of how the conflict with the Palestinians does Israel tangible harm and is not just a public relations problem, since canceling the gas deal is going to be immensely popular in Egypt – where public opinion suddenly matters a great deal – and until the Leviathan and Tamar gas fields are online, the loss of 40% of Israel’s current natural gas supply is going to be felt by Israelis in a big way with higher utility prices. The hollow insistence by both sides that this is purely about business and not about politics means that there is a face-saving way to rectify the problem (Israel renegotiates the deal and agrees to pay a higher price that corresponds to the market), but it is surely a harbinger of more bad things to come between Israel and Egypt.

Finally, there is the open fighting between Netanyahu and Barak over enforcement of the High Court’s evacuation order of Ulpana, with Netanyahu considering enlarging the scope of a military land acquisition order in order to bring the neighborhood under its aegis. Of course, he cannot do so with the defense minister’s acquiescence, and all signs point to Barak standing firm against it. In case you are wondering why Barak is all of a sudden standing up to Likud hardliners and taking on settlements, as he did earlier this month during the Beit Hamachpela mini-crisis in Hebron, it is because his new Atzmaut Party is going to need more votes to meet the Knesset threshold whenever the next elections are called, and Barak figures this is a good way to gain some support from leftwing voters who might not appreciate his recent hawkish stance on Iran. I am glad that Barak is using his muscle to prevent the government from ignoring High Court orders, but the reason this makes it into a blog post summarizing depressing news is that the clash between Barak and the rest of the governing coalition is accelerating, with Likud’s most influential hardline muckraker Danny Danon calling yet again yesterday for Barak to be thrown out of the cabinet. As I have discussed in depth before, Netanyahu cannot do this while confrontation with Iran looms, so what he is likely to do instead is retroactively authorize a number of illegal West Bank outposts in order to placate his base and quiet the potential revolt within Likud. This is not a good development, and just serves as the latest reminder that Israel’s domestic politics do not in any way, shape, or form encourage moderation or long term strategic thinking these days.

P.S. No, I did not forget about the news that Turkey has banned Israel from participating in a NATO summit, but it deserves its own blog post later today.

Some Thoughts On 60 Minutes and Palestinian Christians

April 23, 2012 § 3 Comments

60 Minutes ran a segment last night on Christians in the Holy Land that examined their dwindling numbers in cities like Bethlehem and Jerusalem and how this relates to the Israeli occupation of the West Bank. A report like this is bound to draw controversy and this one did not disappoint, with Israeli Ambassador Michael Oren taking lots of heat due to the disclosure during the segment that he called the president of CBS News and tried to have the story killed. Before I dive in, a disclaimer: Ambassador Oren was one of my professors at Harvard and is a friend, and I spent many fond hours chatting with him about all sorts of topics in his office at Georgetown (he arrived one year after I did) before he was appointed ambassador. Since then, I have seen or spoken with him only two or three times, and I continue to hold him in the highest regard.

Given the above facts, I am certainly not the world’s most objective commentator on Michael Oren. But I fail to see why heads are exploding over the fact that the Israeli ambassador is trying to protect his country’s image. Did he come off as tongue-tied when Bob Simon ambushed him on camera with a question that was purely about process rather than substance? Sure. Let’s remember though that THIS IS HIS JOB. He is not paid to be an objective analyst. He is not paid to project a balanced and nuanced view of events in the Middle East. He is paid to be Israel’s spokesman in the United States and to advance Israeli interests, and if he gets wind of the fact that a network is planning on airing a story that is unfairly critical of Israel (more on this below) on its flagship news magazine program, it would be diplomatic malpractice for him not to try and keep the story off the air. Does anyone reading this actually believe that diplomats from every country on the planet do not do the same thing? Is this legitimately more surprising than the stories that emerged just last week about the Pentagon and the State Department trying to suppress reports and leaked photos of American troops in Afghanistan posing for pictures with Taliban corpses? This is what governments do, folks. Michael Oren is a high ranking official of the Israeli government and his first and only priority is to protect his country and its image, and if he comes off looking poorly in the course of doing so, it’s because that comes with the territory. Please spare me the feigned outrage, particularly when Bob Simon claims that this is the first time he has encountered a reaction to a story before it has been broadcast, which was far and away the most outrageous statement of the night.

Moving to the substance of the story, the gist of the 60 Minutes report was that the Christian population in the West Bank is shrinking and that Palestinian Christians are leaving in large numbers, and that this can be blamed on Israel. It is difficult to assess the size of this reported exodus or how rapidly it is taking place since Bob Simon provided little in the way of hard numbers. The implication is that this is a direct result of the Israeli occupation, and while this may very well be true, there was nothing but purely anecdotal evidence provided to support the charge. Simon interviewed the Greek Orthodox Patriarch of Jerusalem who said that in 1964 there were 30,000 Christians in Jerusalem and now there are “very few” with Simon putting the number at 11,000. Damning stuff, until you find out that according to Menashe Harrel (whose numbers are widely considered authoritative) there were 25,000 Christians in Jerusalem in 1948 and only 12,646 in 1967, which leads one to conclude that the Jordanians must have been secret Israelis given the dastardly effect their control of Jerusalem had on the Christian population. With Jerusalem’s Christian population now standing at 11,000, it is impossible to claim with a straight face that Israel is responsible for a rapid mass migration by Christians elsewhere.

In addition, there is the inconvenient fact that while the Christian population is shrinking, the Muslim population is growing. Are we supposed to take away from this that the Israeli occupation of the West Bank disproportionately affects, or even purposely targets, Christians? If Israel’s actions are the direct and proximate cause of Christian flight, then it would have been helpful to see some sort of causal chain established by 60 Minutes, but instead the viewers are told that Christians residents are disappearing and that this is due to occupation of the West Bank, yet no effort is made to ascertain why Christians are leaving (aside from Ari Shavit’s observation about Christians being squeezed between political Islam and political Judaism) but Muslims are not. Christian communities are disappearing across the region, have been driven out of Iraq entirely and are coming under sectarian pressure in Egypt, yet 60 Minutes finds Zahi Khouri’s claim that he has never heard of someone leaving because of concern over Islamic fundamentalism to be a completely credible one. Bob Simon asked Shavit, “Do you think the Israeli government ever thinks of the fact that if Christians aren’t being treated well here, and America is an overwhelmingly Christian country, that this could have consequences?” yet there was no documentation at all of ways in which Christians are being specifically mistreated for being Christian, just an allegation hanging in the air as if the question itself were somehow proof.

The bottom line is that this was a sloppily reported and lazily researched segment falling far below 60 Minutes’ usual standards. Anyone who reads this blog knows that I carry no water for the Israeli occupation of the West Bank or mistreatment of Palestinians, and would be thrilled to see both of those things ended immediately. I call out what I view to be Israeli missteps and bad behavior all the time. But Michael Oren was correct to view this piece as a hatchet job that was undeserving of being aired. Yes, Israel has made life very unpleasant for plenty of Palestinians, and Christians in Bethlehem are particularly ill-served by the occupation and the separation barrier given their proximity to Israel proper and their reliance on religious tourism, but there was simply no proof presented by CBS outside of empty conjecture that Israel is deserving of more blame for this than are the Palestinian terrorists that prompted the construction of the barrier in the first place, nor was there even a scintilla of historical or regional context to place this story in perspective. Being a Christian in the West Bank cannot be easy for a variety of reasons, and I can understand why Palestinian Christians would feel uncomfortable under both Jewish and Muslim rule, particularly when they each rely on an increasingly assertive religious nationalism. It should be perfectly clear though that Israel is not targeting Christian Palestinians, that the Christian population of Jerusalem has remained steady since Israel claimed the entirety of the city in 1967, and that the Christian population of the West Bank is shrinking for a variety of reasons, some of which have to do with the occupation and some of which have nothing to do with it whatsoever. The public perception following the 60 Minutes report is that Michael Oren did not come off well, but 60 Minutes and Bob Simon did not exactly cover themselves in glory (the segment has been in the works since last year and this is the best they could come up with??) and deserve any criticism that might come their way.

Peace Process Theater

April 17, 2012 § 1 Comment

Today’s developments in Israeli-Palestinian peace process negotiations demonstrate why the two sides, despite the joint statement that they issued reiterating that they are both committed to peace, are in reality farther apart then ever in coming to a lasting, binding agreement. Let’s begin with the turmoil on the Palestinian side of the ledger. The much-anticipated letter from Abbas to Netanyahu was delivered by Saeb Erekat and Majed Faraj, and while there had been speculation that it would contain a threat to dismantle the Palestinian Authority and return day to day control of the West Bank to Israel, the letter reportedly did not go that far, which should be cause for optimism. This means that a small sliver of agreement and coordination still theoretically exists on which to base negotiations.

The bad news is that Salam Fayyad, who was slated to deliver the letter to Netanyahu, was a no-show. There are a number of reasons why this might be, and none of them bode well for the future. Fayyad might have backed out because he does not think another expression of Palestinian discontent is going to jumpstart negotiations, which would signal a worrying degree of frustration on his part. Fayyad is the great moderate of Palestinian politics, and he has enormous credibility with the U.S. and other international actors. He has led the effort to build up Palestinian institutions and improve the West Bank’s economy and security, and he has been largely successful. He is also the rare – or maybe even more accurately, only – Palestinian politician who says the same things in Arabic to his domestic audience as he does in English to an international audience. He has never been accused of inciting or excusing violence, does not glorify terrorists who kill civilians, called for Hamas to recognize Israel years ago, does not have even a whiff of corruption about him, and by all accounts is honest and determined. If Fayyad believes that things have degenerated to the point that this letter will accomplish nothing, the risk exists that he is at the point of abandoning his project of state-building. Fayyad does not have a natural constituency among Palestinians as he is not a career politician or a high ranking PLO member, and if he resigns as prime minister, international aid to the PA will dry up overnight and the situation in the West Bank will quickly deteriorate.

Fayyad might also not have agreed to deliver the letter because Abbas was trying to discredit him by asking him to do it. Today is Palestinian Prisoners Day, in which Palestinians express their solidarity with those in Israeli jails, and the optic of meeting with Israeli officials today is not a popular one. Abbas and Fayyad do not have a good relationship, and it was not improved with the news that the unity deal that Abbas agreed to with Hamas stipulated sacking Fayyad. Abbas might have been trying to embarrass Fayyad even further by demanding that the letter be delivered today, and Fayyad understandably did not want to do it himself. The PA’s footing is tenuous enough already, and it certainly will not be improved by more fighting between its two top figures. If the PA implodes, the party that stands to benefit the most is Hamas, and that will certainly not do any wonders for Israeli security or the prospects of a deal.

Finally, it’s possible that Fayyad did not deliver the letter himself because he does not think that negotiations with Israel are still a viable path to a Palestinian state. Fayyad is on record as being against a unilateral declaration of statehood and did not agree with last fall’s strategy of pressing the UN to recognize a Palestinian state, and if he has one way or another become so disenchanted that he now believes in institution-building for its own sake without it leading to negotiations with Israel, then Israel will have lost in a big way. In many ways, Fayyad is the perfect Palestinian counterpart for Netanyahu, as they have both expressed the opinion that improving the West Bank’s economy and security is a vital precursor to successful political negotiations. If Fayyad does not want to be a part of the PA’s current negotiating process because he thinks it is a waste of time, it would signal the death knell of true moderate Palestinian partnership.

In the meantime, while Israel and the PA held a meeting and issued a joint statement that nobody expects to lead to any real progress, 1200 Palestinians in Israeli prisons began an indefinite hunger strike to protest the practice of administrative detentions and what they allege to be abusive and humiliating behavior on Israel’s part. This more than anything highlights the absurdity of today’s peace process theater. Of these two separate and distinct events, the one that is guaranteed to hold Palestinian attention and support is prisoners going on a hunger strike in opposition to Israel rather than Palestinian negotiators exchanging letters with the Israeli government. Even if Abbas were to drop his preconditions and come to the negotiating table, and the two sides were able to make some progress, is there really going to be much appetite for talks among Palestinians at this point? With hunger striker Khader Adnan being freed today, there is a stark example of what appears to be a successful strategy for countering Israel against the backdrop of endless negotiations that have not produced much in the way of tangible gains. This doesn’t mean that it will lead to Palestinian violence, but it also does not mean that negotiations are still viewed as the only alternative to armed resistance. Of all the days in which the peace process has seemed moribund, today might have reached a new low with its hollow message of two sides working together.

The Pitfalls of Preconditions

April 3, 2012 § 6 Comments

Barak Ravid reports in Haaretz that long-time negotiators Saeb Erekat and Yitzchak Molcho recently met in secret in an effort to revive dormant Israeli-Palestinian peace talks, and that the PA has outlined a number of demands that it plans on presenting to Netanyahu as preconditions to negotiations. Unsurprisingly, Abbas’s preconditions are that negotiations begin with a baseline of the 1967 borders and that Israel freeze all settlement activity.

While the Palestinians are in a difficult spot and want to gain some leverage going into peace talks, the preconditions gambit is a continuation of the same negotiating mistake. A little reminder of recent history is helpful in understanding why this is. When AIPAC convened its annual conference in March 2010, the attendees gathered during a particularly rocky period for Israel diplomatically. Earlier that month, Vice President Biden had landed in Tel Aviv to be infamously greeted with an announcement of 1600 new housing units in East Jerusalem which led to a mini-crisis with the United States and an hour-long dressing down from Secretary of State Clinton.  Israel’s deputy foreign minister Danny Ayalon was fresh off causing a diplomatic crisis with Turkey following his attempt to humiliate the Turkish ambassador with cameras rolling in response to Turkish television dramas portraying Israeli soldiers as kidnappers and intentional murderers of innocent civilians. Britain was also threatening to cut intelligence ties and cease intelligence sharing following revelations that Israel had used British passports while assassinating a Hamas military leader in Dubai.

Most importantly, serious pressure was building up for Israel to make real concessions in service of creating an independent Palestinian state. President Obama had called for Israel and the Palestinian Authority to resume negotiations and had pressed Israel for a freeze on all settlement activity. The PA seemed for the first time in nearly two decades to be making progress in building state institutions in the West Bank, and the U.S.-trained PA police force was winning accolades for its progress and professionalism.  There was also a growing sense among military officials that a lack of progress on the Israeli-Palestinian front was becoming a problem for the U.S., embodied by General David Petraeus’s Senate testimony that anti-American sentiment in the Middle East was partly due to the absence of a Palestinian state.  The momentum for an independent Palestine was building, and following the Biden episode and the fury among top U.S. officials at what they saw as an unacceptable humiliation of the vice president, the Palestinians were in an ideal situation to negotiate a favorable resolution to the conflict.

Such negotiations never took place, however, because the Palestinian Authority committed the crucial mistake of setting preconditions before coming to the negotiating table. As every first year law student required to read the seminal negotiation treatise Getting To Yes can tell you, setting preconditions to negotiating is a tactic that almost always fails. The book’s very first lesson is not to bargain over positions as it is inefficient, damages the relationship between parties, and leads to bad agreements. Tactics such as setting preconditions and refusing to negotiate until they are met are fated to backfire if the objective is to reach an agreement, as the other side is likely to dig in and paint the refusal to negotiate as evidence of bad faith. Over time, the party setting the preconditions will become hostage to the perception that it has no interest in reaching a deal, and will then be forced to maintain its principled position even when events on the ground put it at a disadvantage or give up credibility and leverage by dropping its demand entirely. In short, setting preconditions before agreeing to negotiate an agreement is rarely going to be a winning strategy.

In early 2010, Abbas insisted that no negotiations could take place absent a complete freeze on all building activity in the West Bank and East Jerusalem, which was a condition that Israel was in no way prepared to meet given the extension of the freeze request to East Jerusalem.  Netanyahu did, however, agree to a 10 month West Bank settlement freeze, allowing him to take the high road by announcing that he was making concessions and was ready to negotiate at any time while portraying the Palestinians as unwilling peace partners. By September 2010, following months of demands that Israel freeze all East Jerusalem construction, the Palestinians finally agreed to negotiate, but by that point it was too late, as Israel’s settlement freeze expired. Events on the ground had also shifted by that point and Obama announced his unwillingness to ask the Israelis for yet another halt to all West Bank building activity, and the Palestinians were in no position to make a credible case having squandered months of potential negotiations. Fast forward two years later to the most recent AIPAC conference, and the Palestinians and peace negotiations barely registered with attention turned exclusively to Iran.

Despite all this, Abbas is about to pull a Groundhog Day and make the exact same mistake, although this time his starting point is far less favorable and thus his tactic is even more unlikely to work. The question is whether the PA actually wants to have serious negotiations at this point in time or is just looking to win a p.r. battle with Israel. If it’s the latter, then setting preconditions makes sense since it highlights Israeli settlement activity, which is already being cast in an unfavorable light following the High Court’s Migron decision and the current standoff between the IDF and the prime minister’s office over the Beit Hamachpela group in Hebron. If the objective is to actually negotiate though, Abbas and Erekat need to wake up to the fact that setting preconditions is a terrible negotiating strategy that is fated to fail from the start.

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