Civic Webs Virtual Library

www.civicwebs.com/cwvlib/

 

A Proposal for a Just Peace Between Israel and Palestine

Jack L. Davies

15 April 2002

 

© Copyright Jack L. Davies 2002

 

Forward

This proposal is intended as a backup proposal should either

a ceasefire is not be negotiated successfully by 20 April 2002 for prompt implementation or

a negotiated ceasefire breaks down within one year thereafter.

It is based upon analysis of the conflict between Israel and Palestine within the framework of a Richardson's Process, as defined in "How Richardson's Processes Can Lead to World War III", Jack L. Davies, 7 April 2002.

It is intended as a basis for discussion. An effort has been made to make this proposal as impartial as possible to the two parties, although it is inevitable that both parties may see it as being partial towards the other party.

 

The Proposal

1.

General: A key characteristic of an unstable escalating Richardson's Process is the misperception of both parties that they are only reacting defensively to provocative actions by the other party that they themselves did not provoke. (This is, of course, a logical contradiction.) Therefore, each side insists upon its "right" for the last "retaliation". This is like a personal argument, where each person insists upon having the last word. Such a spiraling conflict can only end when one party shows sufficient restraint not to react to the last provocative action of the other party. (Are either the Israelis or the Palestinians willing to not react to the last aggression towards them?) Such escalations of a conflict in a Richardson's Process usually end only by

changing the false perceptions of both parties that cause them to escalate rather than de-escalate the conflict,

an outside peacemaking military intervention that arbitrarily resolves the political issues and imposes peace, or

continuing on to open warfare, where one party defeats the other party and imposes its will upon that party.

 

2. General: These misperceptions deflect focus
from the reality, that a large number of escalations back-and-forth have occurred;
to the illusion, that the conflict is mainly concerned with the last actions of each party. 

The supporters of each side adopt the same biased misperceptions of the conflict as their clients. Outside parties who have adopted the biased perceptions of one party can not negotiate peace successfully between the two principal parties.

 

3. The goal of a ceasefire as a pre-requisite to negotiations is not realistic. Israel can agree to and implement a ceasefire, because violence by Israel is centrally controlled through their military and police forces. The Palestinian Authority could agree to a ceasefire, but could not implement a ceasefire, because violence by Palestinians is not centrally controlled by the Palestinian Authority but rather by small ad hoc groups of people who will insist upon having the last word through retaliation against Israel. When Israel kills, captures, and/or punishes members of these ad hoc groups, these groups will insist upon revenge -- independent of what the Palestinian Authority wants them to do.

 

4. A political settlement of the issues must be achieved first, as a prerequisite to a ceasefire, because a genuine ceasefire is only feasible once the key political issues have been resolved. But, in a classical "chicken and the egg" paradox, both parties refuse to negotiate before there is a ceasefire (after they have retaliated to the last action by their opponent).

 

5. As a result of the two conditions above, the Israelis and Palestinians are no longer in a position to solve the logical impasse themselves. It can only be solved quickly, before the situation escalates into an even more dangerous international conflict, through an external intervention that 
imposes a political settlement first; then 
creates a ceasefire based upon this political settlement; and 
finally allows negotiations to fine-tune the political settlement without either party being able to "blackmail' the other party.

 

6. The legal justification for such a radical solution by the International Community lies in Chapter VII and Article 42 therein of the Charter of the United Nations, after the UN Security Council has determined that the conflict between Israel and the Palestinians has become a threat to international peace and has given an appropriate mandate to a group of neutral Members of the United Nations to serve as peacemakers..

 

7. The international intervention should have three political guidelines:
  1. Resolution 242 of the UN Security Council as providing a reasonable basis for an external resolution of the conflict, including the demarcation of all borders and the removal of all illegal Israeli settlements in both the West Bank and the Gaza Strip.
  2. Immediate international recognition of the State of Palestine within the borders defined indirectly by Resolution 242.
  3. The current proposal from Saudi Arabia should be integrated to provide peace between the Arab/Islamic World with Israel as well as to provide a substantial amount of funding for reconstruction in Palestine that will be necessary for creating a viable State of Palestine. 

 

8. This immediate political settlement will establish the basis for both a ceasefire and bilateral negotiations, to include both
swapping of parcels of land to better fit the current demographic distribution of Jews and Palestinians in this area and 
fair allocations of the limited water resources.

 

9. Both the Israelis hate and distrust Chairman Yasir Arafat so intensely and the Palestinians hate and distrust Gen. Ariel Sharon so intensely, that it appears unlikely that meaningful negotiations, even through intermediaries, will be possible. This implies that constructive negotiations between Israel and Palestine will probably need to be deferred until both countries have selected new leaders untainted by the recent escalation within the framework of a Richardson's Process. The interim political settlement, imposed by the International Community upon the two parties must hold until this requirement has been met.

 

10. Israel should be obliged to accept both the legal right of the Palestinian refugees to return to their homes as well as a legal responsibility for financial compensation to both 
these refugees for their personal losses and suffering and
the International Community for their costs in operating these refugee camps and resettlement efforts.

However, Israel should be allowed to offer additional compensation to the refugees as an incentive, should they choose to resettle in the State of Palestine rather than Israel. Israel should also be obliged to compensate the State of Palestine for all damages caused by their military incursions into the territory of Palestine, such as the destruction of buildings and infrastructure, including in particular that which was financed by grants from the International Community. Likewise, the State of Palestine should be obliged to compensate the State of Israel for all damages caused by their citizens to the buildings and infrastructure of Israel.

 

11. The UN Compensation Commission for Iraq can be used constructively as a model for a powerful deterrent to further acts of aggression between the two parties. The State of Palestine could be required to pay 100,000 USD to the Israeli Government for each Israeli citizen killed after 28 September 2000 by Palestinians and likewise, the State of Israel could be required to pay 100,000 USD to the Palestinian Government for each Palestinian citizen killed by Israelis after 28 September 2000. These sums could be doubled for the period after the ceasefire, imposed by the peacemaking force of the International Community, for a period of 10 years.

 

12. The settlement of the major grievances of the Palestinians restores justice to their cause and provides the basis for all ad hoc groups to stop launching "terrorist attacks" on Israeli citizens in Israel. In addition, the International Community should earmark substantial funding for restoring the infrastructure and economy of Palestine, with a provision that the amount of this aid will be reduced by a fixed sum for every Israeli citizen killed by Palestinians after peace has been installed -- which would create a negative incentive for continued "terrorist attacks", since they would ultimately hurt the interests of the Palestinians more than the Israelis. Likewise, foreign aid to Israel should be decreased by the same sum for every Palestinian killed by Israelis after peace has been installed.

 

13. It violates the principles of international law to withhold international recognition of Palestine for political reasons. In particular, Israel wants to use political recognition as a form of blackmail against the Palestinians, by forcing the Palestinians to cede part of the territory legally due to the Palestinians under international law to Israel, as a precondition for international recognition of Palestine. The Palestinians have an unconditional right to recognition that can not be made conditional upon them agreeing to a further encroachment into their territory by Israel. The International Court of Justice could be asked for a binding legal opinion on this issue.

 

14. It is a grave error by the International Community that the State of Palestine was not recognized at least promptly after the date when the State of Israel was recognized. In this case, the continuous conflict since 1948 could have been avoided. Under this interpretation, the Palestinians arrested recently in Palestine by Israelis should be treated as prisoners of war with protection as defined under the Geneva Conventions -- since they were defending their nation, recognized or not, from encroachment and invasion by Israeli armed forces. Perhaps the UN Security Council could grant this protection to the Palestinian prisoners of Israel retroactively -- to discourage punishment by Israel of these individuals, which would only make them martyrs in Palestine and re-escalate the conflict.

 

15. A substantial amount of economic aid will be required to raise the economy of the State of Palestine to approximately that of the State of Israel. Economic parity, job opportunities, and standards-of-living are the foundations for long-term peace in this region.

 

16. The Israelis could have struck a much more favorable bargain with the Palestinians if they had followed the wise statesmanship of Prime Minister Yitzak Rabin, who was successfully de-escalating the previous unstable Richardson's Process, together with the active support of Chairman Yasir Arafat, back to stable manageable levels where bilateral negotiations were feasible. (Their joint efforts towards peace were recognized by the Nobel Peace Awards granted to both of them, including also the Israeli Foreign Minister, Shimon Peres, at that time. All parties need to get back onto that track towards peace.) The Israelis should have taken this golden opportunity to cement the fait accompli they had already achieved, rather than to risk it by trying to take even more territory from the Palestinians. They must bear the responsibility for their own decisions in favor of returning to an escalation of a Richardson's Process that has led to the current situation from which they are unwilling to "back down".

 

Related Articles: "How Richardson's Processes Can Lead to World War III"

Hit Counter visits

[Notes for Authors: Bookmarks are installed for each numbered paragraph in the Proposal, i.e. 1., 2., ... 16.]