The pillage of what could become a major source of income for Gaza is surely known to U.S. authorities. It is only reasonable to suppose that the intention to appropriate these limited resources, either by Israel alone or together with the collaborationist Palestinian Authority, is the motive for preventing Gazan fishing boats from entering Gaza’s territorial waters.
There are some instructive precedents. In 1989, Australian foreign minister Gareth Evans signed a treaty with his Indonesian counterpart Ali Alatas granting Australia rights to the substantial oil reserves in “the Indonesian Province of East Timor.” The Indonesia-Australia Timor Gap Treaty, which offered not a crumb to the people whose oil was being stolen, “is the only legal agreement anywhere in the world that effectively recognises Indonesia’s right to rule East Timor,” the Australian press reported.
Asked about his willingness to recognize the Indonesian conquest and to rob the sole resource of the conquered territory, which had been subjected to near-genocidal slaughter by the Indonesian invader with the strong support of Australia (along with the U.S., the U.K., and some others), Evans explained that “there is no binding legal obligation not to recognise the acquisition of territory that was acquired by force,” adding that “the world is a pretty unfair place, littered with examples of acquisition by force.”
It should, then, be unproblematic for Israel to follow suit in Gaza.
A few years later, Evans became the leading figure in the campaign to introduce the concept “responsibility to protect” -- known as R2P -- into international law. R2P is intended to establish an international obligation to protect populations from grave crimes. Evans is the author of a major book on the subject and was co-chair of the International Commission on Intervention and State Sovereignty, which issued what is considered the basic document on R2P.
In an article devoted to this “idealistic effort to establish a new humanitarian principle,” the London Economist featured Evans and his “bold but passionate claim on behalf of a three-word expression which (in quite large part thanks to his efforts) now belongs to the language of diplomacy: the ‘responsibility to protect.’” The article is accompanied by a picture of Evans with the caption “Evans: a lifelong passion to protect.” His hand is pressed to his forehead in despair over the difficulties faced by his idealistic effort. The journal chose not to run a different photo that circulates in Australia, depicting Evans and Alatas exuberantly clasping their hands together as they toast the Timor Gap Treaty that they had just signed.
Though a “protected population” under international law, Gazans do not fall under the jurisdiction of the “responsibility to protect,” joining other unfortunates, in accord with the maxim of Thucydides -- that the strong do as they wish, and the weak suffer as they must -- which holds with its customary precision.
Obama and the Settlements
The kinds of restrictions on movement used to destroy Gaza have long been in force in the West Bank as well, less cruelly but with grim effects on life and the economy. The World Bank reports that Israel has established “a complex closure regime that restricts Palestinian access to large areas of the West Bank… The Palestinian economy has remained stagnant, largely because of the sharp downturn in Gaza and Israel’s continued restrictions on Palestinian trade and movement in the West Bank.”
The World Bank “cited Israeli roadblocks and checkpoints hindering trade and travel, as well as restrictions on Palestinian building in the West Bank, where the Western-backed government of Palestinian president Mahmoud Abbas holds sway.” Israel does permit -- indeed encourage -- a privileged existence for elites in Ramallah and sometimes elsewhere, largely relying on European funding, a traditional feature of colonial and neocolonial practice.
All of this constitutes what Israeli activist Jeff Halper calls a “matrix of control” to subdue the colonized population. These systematic programs over more than 40 years aim to establish Defense Minister Moshe Dayan’s recommendation to his colleagues shortly after Israel’s 1967 conquests that we must tell the Palestinians in the territories: “We have no solution, you shall continue to live like dogs, and whoever wishes may leave, and we will see where this process leads.”
Turning to the second bone of contention, settlements, there is indeed a confrontation, but it is rather less dramatic than portrayed. Washington’s position was presented most strongly in Secretary of State Hillary Clinton’s much-quoted statement rejecting “natural growth exceptions” to the policy opposing new settlements. Prime Minister Benjamin Netanyahu, along with President Shimon Peres and, in fact, virtually the whole Israeli political spectrum, insists on permitting “natural growth” within the areas that Israel intends to annex, complaining that the United States is backing down on George W. Bush’s authorization of such expansion within his “vision” of a Palestinian state.
Senior Netanyahu cabinet members have gone further. Transportation Minister Yisrael Katz announced that “the current Israeli government will not accept in any way the freezing of legal settlement activity in Judea and Samaria.” The term “legal” in U.S.-Israeli parlance means “illegal, but authorized by the government of Israel with a wink from Washington.” In this usage, unauthorized outposts are termed “illegal,” though apart from the dictates of the powerful, they are no more illegal than the settlements granted to Israel under Bush’s “vision” and Obama’s scrupulous omission.
The Obama-Clinton “hardball” formulation is not new. It repeats the wording of the Bush administration draft of the 2003 Road Map, which stipulates that in Phase I, “Israel freezes all settlement activity (including natural growth of settlements).” All sides formally accept the Road Map (modified to drop the phrase “natural growth”) -- consistently overlooking the fact that Israel, with U.S. support, at once added 14 “reservations” that render it inoperable.
If Obama were at all serious about opposing settlement expansion, he could easily proceed with concrete measures by, for example, reducing U.S. aid by the amount devoted to this purpose. That would hardly be a radical or courageous move. The Bush I administration did so (reducing loan guarantees), but after the Oslo accord in 1993, President Clinton left calculations to the government of Israel. Unsurprisingly, there was “no change in the expenditures flowing to the settlements,” the Israeli press reported. “[Prime Minister] Rabin will continue not to dry out the settlements,” the report concludes. “And the Americans? They will understand.”
Obama administration officials informed the press that the Bush I measures are “not under discussion,” and that pressures will be “largely symbolic.” In short, Obama understands, just as Clinton and Bush II did.
American Visionaries
At best, settlement expansion is a side issue, rather like the issue of “illegal outposts” -- namely those that the government of Israel has not authorized. Concentration on these issues diverts attention from the fact that there are no “legal outposts” and that it is the existing settlements that are the primary problem to be faced.
The U.S. press reports that “a partial freeze has been in place for several years, but settlers have found ways around the strictures… [C]onstruction in the settlements has slowed but never stopped, continuing at an annual rate of about 1,500 to 2,000 units over the past three years. If building continues at the 2008 rate, the 46,500 units already approved will be completed in about 20 years.… If Israel built all the housing units already approved in the nation’s overall master plan for settlements, it would almost double the number of settler homes in the West Bank.” Peace Now, which monitors settlement activities, estimates further that the two largest settlements would double in size: Ariel and Ma’aleh Adumim, built mainly during the Oslo years in the salients that subdivide the West Bank into cantons.
“Natural population growth” is largely a myth, Israel’s leading diplomatic correspondent, Akiva Eldar, points out, citing demographic studies by Colonel (res.) Shaul Arieli, deputy military secretary to former prime minister and incumbent defense minister Ehud Barak. Settlement growth consists largely of Israeli immigrants in violation of the Geneva Conventions, assisted with generous subsidies. Much of it is in direct violation of formal government decisions, but carried out with the authorization of the government, specifically Barak, considered a dove in the Israeli spectrum.
Correspondent Jackson Diehl derides the “long-dormant Palestinian fantasy,” revived by President Abbas, “that the United States will simply force Israel to make critical concessions, whether or not its democratic government agrees.” He does not explain why refusal to participate in Israel’s illegal expansion -- which, if serious, would “force Israel to make critical concessions” -- would be improper interference in Israel’s democracy.
Returning to reality, all of these discussions about settlement expansion evade the most crucial issue about settlements: what the United States and Israel have already established in the West Bank. The evasion tacitly concedes that the illegal settlement programs already in place are somehow acceptable (putting aside the Golan Heights, annexed in violation of Security Council orders) -- though the Bush “vision,” apparently accepted by Obama, moves from tacit to explicit support for these violations of law. What is in place already suffices to ensure that there can be no viable Palestinian self-determination. Hence, there is every indication that even on the unlikely assumption that “natural growth” will be ended, U.S.-Israeli rejectionism will persist, blocking the international consensus as before.
Subsequently, Prime Minister Netanyahu declared a 10-month suspension of new construction, with many exemptions, and entirely excluding Greater Jerusalem, where expropriation in Arab areas and construction for Jewish settlers continues at a rapid pace. Hillary Clinton praised these “unprecedented” concessions on (illegal) construction, eliciting anger and ridicule in much of the world.
It might be different if a legitimate “land swap” were under consideration, a solution approached at Taba and spelled out more fully in the Geneva Accord reached in informal high-level Israel-Palestine negotiations. The accord was presented in Geneva in October 2003, welcomed by much of the world, rejected by Israel, and ignored by the United States.
Washington’s “Evenhandedness”
Barack Obama’s June 4, 2009, Cairo address to the Muslim world kept pretty much to his well-honed “blank slate” style -- with little of substance, but presented in a personable manner that allows listeners to write on the slate what they want to hear. CNN captured its spirit in headlining a report “Obama Looks to Reach the Soul of the Muslim World.” Obama had announced the goals of his address in an interview with New York Times columnist Thomas Friedman. “‘We have a joke around the White House,’ the president said. ‘We’re just going to keep on telling the truth until it stops working and nowhere is truth-telling more important than the Middle East.’” The White House commitment is most welcome, but it is useful to see how it translates into practice.
Obama admonished his audience that it is easy to “point fingers… but if we see this conflict only from one side or the other, then we will be blind to the truth: the only resolution is for the aspirations of both sides to be met through two states, where Israelis and Palestinians each live in peace and security.”
Turning from Obama-Friedman Truth to truth, there is a third side, with a decisive role throughout: the United States. But that participant in the conflict Obama omitted. The omission is understood to be normal and appropriate, hence unmentioned: Friedman’s column is headlined “Obama Speech Aimed at Both Arabs and Israelis.” The front-page Wall Street Journal report on Obama’s speech appears under the heading “Obama Chides Israel, Arabs in His Overture to Muslims.” Other reports are the same.
The convention is understandable on the doctrinal principle that though the U.S. government sometimes makes mistakes, its intentions are by definition benign, even noble. In the world of attractive imagery, Washington has always sought desperately to be an honest broker, yearning to advance peace and justice. The doctrine trumps truth, of which there is little hint in the speech or the mainstream coverage of it.
Obama once again echoed Bush’s “vision” of two states, without saying what he meant by the phrase “Palestinian state.” His intentions were clarified not only by the crucial omissions already discussed, but also by his one explicit criticism of Israel: “The United States does not accept the legitimacy of continued Israeli settlements. This construction violates previous agreements and undermines efforts to achieve peace. It is time for these settlements to stop.” That is, Israel should live up to Phase I of the 2003 Road Map, rejected at once by Israel with tacit U.S. support, as noted -- though the truth is that Obama has ruled out even steps of the Bush I variety to withdraw from participation in these crimes.
The operative words are “legitimacy” and “continued.” By omission, Obama indicates that he accepts Bush’s vision: the vast existing settlement and infrastructure projects are “legitimate,” thus ensuring that the phrase “Palestinian state” means “fried chicken.”
Always even-handed, Obama also had an admonition for the Arab states: they “must recognize that the Arab Peace Initiative was an important beginning, but not the end of their responsibilities.” Plainly, however, it cannot be a meaningful “beginning” if Obama continues to reject its core principles: implementation of the international consensus. To do so, however, is evidently not Washington’s “responsibility” in Obama’s vision; no explanation given, no notice taken.
On democracy, Obama said that “we would not presume to pick the outcome of a peaceful election” -- as in January 2006, when Washington picked the outcome with a vengeance, turning at once to severe punishment of the Palestinians because it did not like the outcome of a peaceful election, all with Obama’s apparent approval judging by his words before, and actions since, taking office.
Obama politely refrained from comment about his host, President Mubarak, one of the most brutal dictators in the region, though he has had some illuminating words about him. As he was about to board a plane to Saudi Arabia and Egypt, the two “moderate” Arab states, “Mr. Obama signaled that while he would mention American concerns about human rights in Egypt, he would not challenge Mr. Mubarak too sharply, because he is a ‘force for stability and good’ in the Middle East… Mr. Obama said he did not regard Mr. Mubarak as an authoritarian leader. ‘No, I tend not to use labels for folks,’ Mr. Obama said. The president noted that there had been criticism ‘of the manner in which politics operates in Egypt,’ but he also said that Mr. Mubarak had been ‘a stalwart ally, in many respects, to the United States.’”
When a politician uses the word “folks,” we should brace ourselves for the deceit, or worse, that is coming. Outside of this context, there are “people,” or often “villains,” and using labels for them is highly meritorious. Obama is right, however, not to have used the word “authoritarian,” which is far too mild a label for his friend.
Just as in the past, support for democracy, and for human rights as well, keeps to the pattern that scholarship has repeatedly discovered, correlating closely with strategic and economic objectives. There should be little difficulty in understanding why those whose eyes are not closed tight shut by rigid doctrine dismiss Obama’s yearning for human rights and democracy as a joke in bad taste.