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Originally Posted by
wiggin
You first suggest that Israel is never willing to give back land under 'appropriate circumstances'. Then we point to the Sinai and Gaza, and you wave them away as saying it was in their interests to do so (and, apparently that Israel 'still occupies' Gaza). Of course it was in Israel's interest to give back that land! That's why they did it. It doesn't mean it wasn't painful - the Sinai involved uprooting a small number of settlers, but the much bigger concession was the massive security risk in handing over a huge strategic advantage to Egypt when it had already been abused to threaten Israel existentially. Ditto with Gaza, except without the existential threat (just a security threat to civilians).
Israel withdraws when it is in their interests to do so, full stop. They have shown the political will and technical ability to do so on several occasions, and have offered precisely what you sound so skeptical about (the WB and Golan) as well. I don't disagree that a withdrawal from most of the WB with territorial swaps to handle major settlement blocs will be challenging for Israel - due to political, security, and historical/cultural reasons - but I have zero doubt they would do it if they genuinely believed it would result in actual peace. Ever since Oslo, Israel has gone back and forth about just how close they are to such a circumstance, but the basic formula of land for peace has a majority of support in Israel, though the timing is hotly contested.
I'm sorry, I thought it would be clear from the exchange that I was addressing Loki's implicit claim that Israel's willingness to give back the Sinai said anything meaningful about Israel's peace-loving character in the context of the conflict with the Palestinians. Israel today is different from Israel back then, the Sinai is different from the WB, the Palestinians are different from the Egyptians, etc etc. If you read my previous posts as implying that Israel covets all land everywhere at all times even when it'd be detrimental to its interests then that was in error. My contention is not that Israel will never give up any land ever in general, it is that it is currently and for the foreseeable future unwilling to give back land to the Palestinians. I included Gaza in that sentence by mistake, because I was quoting Loki. I don't know if it was truly in Israel's best interest to "leave" Gaza.
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B'tselem's numbers aren't taken out of thin air, but they do have a very expansive notion of what constitutes 'settlement land', which they themselves recognize. Obviously the 1% number of just the built up areas is also unrealistic. My litmus test is what percentage of the West Bank would Israel try to hold onto in a final status agreement (with mutual land swaps to compensate for the lost land)? The answer to that, based on repeated offers by Israel and lots of analysis by others, suggests it's just under 10%.
If settlement-land truly covers 10% then giving up 90% is no major concession based on how things stand today. However, I do not believe it is reasonable to say that settlement-land covers only ca 10% on the basis of descriptions of peace-talks where that 10% is also said to cover 60-80% of the settler population and also based on reports that, in the midst of peace-talks, approval was given for building on land that would not even be covered by the deals the Israelis were offering.
The figures you dispute don't only consider what is actively-used settlement land but also which areas are supposedly under the jurisdiction of eg. the various municipalities, and I would assume they get that information from whatever the municipalities themselves assert rather than by hiding in the grass with binoculars making notes of the comings and goings of stray settlers :noob:
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I dispute your assertion that the 10% is anyone's 'property', or that it's specifically Palestinian. In the absence of past sovereignty (there hasn't been a sovereign power there since the Ottomans since the British were caretakers), the only claims to the land are from personal property. I agree wholeheartedly that personal property rights need to be respected, and that at times settlements (especially outposts) do not pay enough attention to this. There are legal complexities to many of the claims, but this is a serious issue that should be respected (though it is not a matter of international law). [...] Point being that you're coming at this from a specific perspective, that all of the West Bank and Gaza and East Jerusalem 'belongs' to Palestinians. My approach is that much of it belongs to individual Palestinians, and that for the sake of peace it's necessary to form a state on much of that land as well. But that's a far cry from saying that every inch of the WB and Gaza belongs by law to 'them', whoever that is.
My phrasing was based on what I assumed is the Palestinian perspective, from which it would amount to offering to give back something that they already believe is theirs by law.
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I will again ask you to please refrain from ad hominem attacks. I am becoming ever-less interested in pursuing this conversation based on your tone.
You'll have to try to give at least two polite shits about international opinion in the future in that case.
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I recognize that there are many ways to view the unique situation that is the Palestinian territories. I think you misread Israeli law on this issue, of course; most of the cases you refer to discuss illegal outposts, not government-approved settlements, and are largely concerned with issues of procedure and property rights of Palestinians in the territories. That doesn't mean all Israeli settlements are legal in Israel's courts, but it does suggest that they often consider settlements in general to be legal from an int'l law perspective, but that in specific circumstances argue they are not legal for a variety of reasons. There are Israeli jurists who disagree with this consensus, of course, as do many in the Israeli public. But I don't think there is anything like a popular consensus in Israeli courts that settlements as an enterprise are illegal.
I don't think there is any consensus in the Israeli courts that settlements are illegal in general, nor do I think they are consistent in how they view applicable international law. My point was that the Israeli govt. apparently has difficulties even acknowledging the rulings and the criticisms of its own courts and commissions--eg. when they find that illegal settlements and outposts have been built with the tacit or explicit approval of the relevant agencies, or when they rule that a settlement or outpost must be dismantled only to find that the ruling is not enforced in time or at all--and that I therefore distrust their ability or inclination to parse or implement international law that may pertain to the issue of the settlements. Just as you and others may be dismissive of international opinion on the basis of eg. its supposedly unfounded and irrational anti-Israel bias, I reserve the right to view Israel's opinions on its activities--and how well they mesh with international law--with some skepticism.
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Regardless, let us say I were to agree with you - establishing any settlement, on any part of the West Bank, is manifestly illegal. So what? You could cavil along about how they're illegitimate, but the fact of the matter is that most of them are densely populated, near the border, and not ideological in nature. Today, it makes far more sense to figure out how to make an accommodation that works for everyone (such as land swaps) rather than waste our time on finger pointing. There are untold violations of international law that have gone on in the Israeli-Arab conflicts, including any number by Israel. We could keep on arguing about it, or work our a reasonable solution.
I think it is difficult to arrive at a reasonable solution if, while you ostensibly attempt to find a solution, you simultaneously go against the spirit of that very endeavour by continuing and worsening a situation that is manifestly a major point of contention and that has been identified as one of the more important obstacles to peace. I think that the recent constellations of Palestinian negotiators were on the whole pragmatic about the solution wrt the land in the WB, but I think that it is difficult for them to continue being pragmatic when Israel expands its settlements to disputed areas in the midst of holding negotiations.
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I've said it before and I'll say it again - I do believe that pragmatically Israel should not expand settlements outside the major blocs, and should remove illegal, 'unauthorized' ones immediately. Other small, authorized settlements should not be allowed to expand, but I think they should not be removed entirely until a final status agreement is reached, for simple reasons of negotiating positions.
Like I said, you don't have to remove them immediately before a deal has been reached, but the least you can do is to not expand them or create new ones while you're allegedly trying to reach an agreement.
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See above: obviously Israel thought it was in their interest to cede the Sinai, despite the significant economic losses and strategic risk. It had nothing to do with sentimentality, but rather cold calculation (if anything, evacuating Yamit was so challenging that an emotional decision would have precluded a deal). What I don't understand is why you don't think Israel can make the same calculation in other circumstances, when they've clearly shown they can do it in the case of Sinai and Gaza, and have agreed in principle to it in the case of the WB (and, sometimes, the Golan).
As I said earlier, it's not that I don't think Israel can't, it's that I don't believe the situation wrt the Palestinian territories is such that Israel needs to or even wants to, now and for the foreseeable future, and certainly not with its present political makeup.
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Israel feels - probably correctly - that the presence of settlements in strategic areas (e.g. the heights overlooking Tel Aviv and Jerusalem, parts of the Jordan Valley, etc.) adds to security in a way that military forces do not. I think that they would feel comfortable evacuating all of the non-bloc settlements, however, if certain conditions were met - a demilitarized and unified PA, full recognition of Israel, deals on a few sticky issues, etc. Moving the really big blocs may be politically and logistically difficult, but those are largely not a big obstacle, being close to the Green Line, and allowing for appropriate swaps. Since negotiations have never gotten this far (due to a lot of reasons), Israel has not done so yet.
It's a shame it has to be all or nothing, but, at the same time, that approach did allegedly get Olmert and Abbas right on the verge of signing an agreement so maybe it'll eventually get you there sometime in the future.
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See my comments above about 'Palestinian land', but I think you'll find that Israel is remarkably flexible on some of those issues. A narrowly construed right of return - to apply only to Palestinian refugees who actually meet the UNHCR definition, rather than the absurd UNRWA definition - would mean Israel would have to accept back only a few thousand Palestinians, if that. I think mutual recognition is kinda the point here, and I think it's reasonable for Israel to expect an unequivocal recognition as part of a final status deal - honestly, Israel's only getting 'peace' which is nice but can be taken away in a minute. Formal recognition and ties are necessary. Jerusalem is the last real sticking point - and even here I think there's some flexibility on the part of Israeli negotiators (though they won't discuss it until later, by and large). Barak in 2000 offered a messy and complex deal that would have shared the capital - I suspect it would have needed a lot of further negotiation to make it work, but as a starting offer it was remarkably flexible... and was largely shouted down by the Palestinians demanding complete control of E. Jerusalem, including Jewish holy places and neighborhoods. With appropriate negotiating partners, I suspect a deal could be made.
I have been wondering about that issue of recognition, because at times the Palestinian refusal has been cast as nothing more than anti-Semitism and obstinacy, and at times I've been given the impression that the issue is with recognising Israel as a Jewish state which for some reason is against the Palestinian agenda. I have assumed that that conflict would have something to do with either the non-Jewish Arabs in Israel or with the issue of returning refugees.
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I have no doubt that the Palestinians won't get all of what they want, but they'll get most of it - and that's why it's called a negotiation. Palestinians demanding they have 'rights' to every single demand is just as bad as the nutso settlers in Hebron who think all of Biblical Israel must be a part of the State of Israel. It's not a way to run a negotiation, nor is it a viable path forward towards peace. I suspect Abbas - were he more powerful and able to credibly deliver peace - may indeed be able to make something work - but in the absence of such credibility, negotiations are pretty much a waste of time.
Then help him become more powerful and credible already :o