Israel: Barak Repairing Position with US Government on Palestine Talks?

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On Sunday, Defense Minister Ehud Barak called on government officials to coordinate with the United States to renew talks with the Palestinian Authority: "We must work with the American administration and consolidate an agreement to open negotiations as soon as possible, even if the conditions aren't perfect and even if we have to make difficult concessions."

Although Barak's suggestion follows the recent, inconclusive trip of President Obama's special envoy George Mitchell to Israel and Palestine, it may be spurred even more by domestic political considerations. Barak is enjoying a favourable wind, as Minister Avigdor Lieberman and possibly Prime Minister Benjamin Netanyahu may be in trouble with Washington over their resistance to US demands for a full settlement freeze in the West Bank. If the Labour Party's top politician sees this spilling over into discontent amongst Israeli voters, he may be willing to push his position against his coaliation partners.

Israel: Can Netanyahu Really Escape US Pressure?

Israel-Palestine: UN Council Endorses Goldstone Report — What Now?
Video: Protests over former Israel PM Olmert in Chicago

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On Friday, Prime Minister Benjamin Netanyahu criticized the endorsement by the United Nations Human Rights Council of the Goldstone Report, which claimed both Israel and Hamas had committed war crimes during the Gaza War in December-January. Netanyahu warned the Israeli nation to be prepared for a protracted struggle. Declaring "the delegitimization [of Israel] must be delegitimized", he added, "The UN has returned to the dark days during which it equated Zionism with racism."

Netanyahu's statement is in line with his Foreign Minister Avigdor Lieberman's leaked memorandum calling for a “zero-tolerance” policy for anti-Semitic expression around the world. But does the Prime Minister also back Lieberman's strategy of a move from “lone dependence” on Washington to the "neglected" parts of the world?

The was the only Security Council member that voted against the Goldstone resolution in the UNHRC. Yet Ha'aretz correspondent Aluf Benn believes the Obama Administration will use the diplomatic arena to get more Israeli concessions on the expansion of settlements:

Operation Cast Lead in Gaza was perceived in Israel as a shining victory. Rocket fire from Gaza was brought to a halt almost completely. The Israel Defense Forces emerged from its failure during the Second Lebanon War and deployed ground forces with few casualties. "The world" let the operation continue and did not impose a cease-fire. A wonderful war.

Ten months later, it seems the victory was a Pyrrhic one. Israel did not realize that the rules have changed with Barack Obama's election as U.S. president. Prime minister Ehud Olmert timed Cast Lead to take place during the twilight period between the outgoing and incoming U.S. administrations, and rightly assumed that the incumbent, George W. Bush, would fully back Israel. However, in contrast to the Lebanon war of 2006, which ended with a cease-fire, the Gaza campaign continues being fought - in the diplomatic arena and in public opinion - and Israel must cope with its consequences in a less-friendly Obama era.

During the first, military round, Israel benefited from the decisive superiority of its firepower. However the Palestinians moved the war's current round to an arena more comfortable for them, and are benefiting from their advantage in UN institutions and in public opinion. The calls to boycott Israel are getting louder. Turkey is shirking off its strategic alliance with Israel and is presenting IDF soldiers as horrible murderers of children. Hamas is gradually winning recognition as a legitimate player, as it continues to amass a stock of rockets without hindrance. Meanwhile Israel's leaders are busy defending the country against the United Nations' Goldstone report (that accuses Israel and Hamas of perpetrating war crimes), and some even have to worry now about being the object of arrest warrants in Europe.

Even if the legal process that Goldstone initiated ends up being halted, and Israel is not put in the dock in The Hague, its hands have been tied. The world, led by Obama, will not let it initiate a Cast Lead II operation. Certainly not when a right-wing government is in power in Jerusalem led by Benjamin Netanyahu, whom the world loves to hate. Netanyahu's clumsy attempt, in his Knesset speech this week, to link the war in Gaza to opposition leader Tzipi Livni did not really succeed. He is in power and the world considers him responsible. The Americans and the Europeans are using the Goldstone report to punish Netanyahu for his refusal to freeze the settlements.

The same thing happened to the Palestinians between the two intifadas. When they hurled stones during the first intifada (1987-1993) and the confrontation was in the West Bank and in the Gaza Strip, the world cheered them on and forced Israel to recognize the Palestine Liberation Organization and to let its leader Yasser Arafat establish his autonomy in the territories. The Palestinian violence at that time was perceived as appropriate resistance to occupation. During the second intifada, the Palestinians resorted to suicide attacks in Israeli cities. They succeeded in killing many more Israelis, but they lost in the diplomatic arena, especially after the September 11 attacks in the United States, when the rules changed. The world was fed up with terror attacks and it allowed then-prime minister Ariel Sharon to reoccupy the West Bank, lock Arafat in a cage (his headquarters in Ramallah) and eventually unload Gaza without a peace arrangement.

Operation Cast Lead was the most planned operation in the annals of Israel's wars. Its organizers filled out all the forms and checked off on all the procedural changes that had been recommended by the Winograd Committee after its investigation of the shortcomings of the Second Lebanon War. The campaign's goals were reasonable. The scenarios were rehearsed. The reservists were trained. Jurists anticipated the legality of every target and operational plan. The soldiers were properly outfitted with food, water and protective equipment. The local authorities in the Israeli rear functioned as they should have. The media obeyed. In short, the government and the IDF prepared exceptionally well for a Third Lebanon War. They only forgot that the conditions on the Palestinian front are different than in Lebanon.

Not everybody shared the euphoria. The defense minister, Ehud Barak, wanted to halt Cast Lead after two or three days, but was overruled by Olmert who wanted to keep the campaign going, and then going further. Columnists and commentators warned of Gaza becoming a quagmire.

And most interesting: The Winograd Committee anticipated the lurking legal danger to Israel, and in its final report had warned of "far-reaching consequences" resulting from the widening gap between the rules of warfare and the reality of fighting terror launched from civilian surroundings. The committee recommended pulling the legal experts out of the operation rooms, increasing and highlighting investigation of irregular activities, and working with friendly countries to amend the rules of warfare, a recommendation that is easy to make but difficult to implement. The Winograd report did not warn against going into the next war before the rules of warfare are changed. The legal recommendations, drafted with restraint out of fear they would be used for anti-Israeli propaganda, were lost in the sea of piquant items in the report.

Upon returning to power, Netanyahu hoped to leave the Palestinian issue on the side and focus on the Iranian threat and on economic reforms. Now his government will have to cope with the consequences of Cast Lead and do so under less than ideal conditions, heavy international pressure and fear of arrest warrants and charge sheets.

Transcript: The Palestinian Authority Draft to UN Human Rights Council (15 October)

Israel-Palestine: No UN Progress on Goldstone Report on Gaza

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Haaretz has obtained a copy of the draft resolution that the Palestinian Authority will present to the United Nations Human Rights Council today. Here is the full transcript of the draft:

The Human Rights Situation in the Occupied Palestinian Territory, including East Jerusalem

A

The Human Rights Council,

Recalling the Universal Declaration of Human Rights, the international Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights,

Affirming the responsibility of the international community to promote human rights and ensure respect for international law,

Emphasizing the particularity of The Occupied East Jerusalem in its rich religious and cultural heritage,

Recalling all relevant United Nations resolutions including Security Council resolutions on Occupied East Jerusalem,

Deeply concerned also at the Israeli policy of closure and severe restrictions, including the permit regime, that continue to be imposed on the movement of Palestinians hindering their free access to their Christian and Muslim holy sites, including Al Aqsa Mosque,

1 - Strongly condemns al policies and measures taken by Israel, the occupying power, to limit access of Palestinians to their properties and holy sites particularly in Occupied East Jerusalem, on the basis of nation origin, religion, sex, age or any other status, which are in grave violation of the Palestinian People's civil. political, economic, social and cultural rights;

2 - Demands Israel, the occupying power, to respect the religious and cultural rights enshrined in the Universal Declaration of Human Rights, the Hague convention and the Geneva Conventions of August 12, 1949 in the Occupied Palestinian Territory, including East Jerusalem and to allow Palestinian citizens and worshippers unhindered access to their properties and religious sites;

3 - Demands also Israel, the occupying power to immediately cease all digging and excavation works and activities beneath and around Al Aqsa Mosque and its vicinity, and refrain from any acts or operations that may endanger the structure or foundations or change the nature of holy sites both Christian and Islamic in the Occupied Palestinian Territory, including East Jerusalem, in accordance with article 53 of the Fourth Geneva Convention, article 18 of the Universal Declaration of Human Rights, in addition to articles 23, 25, 46 of the Hague Conventions;

B

The Human Rights Council,

Guided by the principles and objectives of the Charter of the United Nations and the Universal Declaration of Human Rights,

Considering that the promotion of respect for the obligations arising from the Charter and other instruments and rules of the international law is among the basic purposes and principles of the United nations,

Reaffirming the right of the Palestinian people to self-determination and the inadmissibility of the acquisition of land by use of force, as enshrined in the charter of the United Nations,

Acknowledging that peace, security, development and human rights are the pillars of the United Nations system,

Affirming the applicability of the international human rights law and the international humanitarian law, namely the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, to the Occupied Palestinian Territory, including East Jerusalem,

Expressing serious concern at the lack of implementation by the occupying power, Israel, of previously adopted resolutions and recommendations of the council relating to the human rights situation in the Occupied Palestinian Territory, including East Jerusalem,

Recalling its resolution A/HRC/S-9/L.1 of 12 January 2009, in which the Council decided to dispatch an urgent, independent international fact-finding mission, and its call upon the occupying power, Israel, not to obstruct the process of investigation and fully cooperate with the mission,

1 - Condemns the non-cooperation by the occupying power, Israel, with the independent international fact-finding mission;

2 - Welcomes the report of the Independent Fact-Finding Mission;

3 - Fully endorses the recommendations contained in the report, and calls upon all concerned parties including UN bodies, to ensure their immediate implementation in accordance with their respective mandates;

4 - Recommends the General Assembly to consider the report of the Independent International Fact-Finding Mission, during the main part of its 64th session;

5 - Requests the United Nations Secretary General to submit to the 13th Human Rights Council's session, a report, on the status of implementation of Paragraph 3. above;

C

The Human Rights Council,

Emphasizing that international human rights law and international humanitarian law are complementary and mutually reinforcing,

Recalling the obligations of the High Contracting Parties to the Fourth Geneva Convention,

Reaffirming that each High Contracting Party to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War is under the obligation to respect and ensure the respect for the the obligations arising from that Convention,

Stressing that the right to life constitutes the most fundamental of all human rights,

Recognizing that the Israeli siege imposed on the occupied Gaza Strip, including the closure of border crossings and the cutting of the supply of fuel, food and medicine, constitutes collective punishment of Palestinian civilians and leads to disastrous humanitarian and environmental consequences,

1 - Welcomes the first periodic report of the United Nations High Commissioner for human rights on the implementation of the Human Rights Council resolution S-9/1;

2 - Fully endorses the recommendations contained in the first periodic report of the High Commissioner, and calls upon all concerned parties including UN bodies to ensure their implementation in accordance with their respective mandates;

3 - Requests the High Commissioner for Human Rights to submit to the 13th Human Rights Council's session, a report, on the status of implementation of this report;

4 - Decides to follow up on the implementation of the present resolution at its 13th session;

Palestine: Abbas Goes on Offense, Criticises Hamas, Israel, and the US

US to Egypt: Stop the Fatah-Hamas Reconciliation Talks

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Facing increasing internal pressure and Washington's intervention in Fatah-Hamas talks, Palestinian Authority leader Mahmoud Abbas has tried to take the political offensive. On Tuesday, he implicitly threatened that he could not control the masses if a "Third Intifada" arose in response to Israeli restrictions in East Jerusalem, announcing the re-submission of a motion to the UN condemning Israel's offensive during the Gaza War, and accused Hamas of unwillingness to reach a reconciliation agreement.

The UN Human Rights Council announced that the Goldstone Report on Gaza will be discussed on Thursday, and the UN Security Council will discuss the matter today. Ibrahim Khraishi, the Palestinian Authority's UN ambassador in Geneva, said the two-day debate would also examine recent incidents of violence in Jerusalem.

However, Abbas is trying to secure his position by moving attention to his negotiations with Hamas and Israel. He said that Hamas was using the Goldstone report as an "excuse to run away from reconciliation and, for the first time, criticized Washington clearly and harshly. According to the Associated Press, an internal Palestine Authority memo says:

All hopes placed in the new U.S. administration and President Obama have evaporated... Obama couldn't withstand the pressure of the Zionist lobby, which led to a retreat from his previous positions on halting settlement construction and defining an agenda for the negotiations and peace.

Facing elections and amidst the reconciliation talks, Abbas's challenge to Washington is a risky game. At the end of the day, it is not clear how the Obama Administration will react to a man "shouldering all the troubles of the West Bank".

US to Egypt: Stop the Fatah-Hamas Reconciliation Talks

Middle East: Israel’s Troubles with a Turkish Ally
The Results of the Mitchell Israel-Palestine Trip: Nothing

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Washington has told Cairo that it does not support a reconciliation agreement which does not include the principles of the Quartet (US, UN, European Union, Russia): recognition of the State of Israel, acknowledgement of earlier agreements, and renunciation of terrorism. The Obama Administration believe the current agreement, which is supposed to be signed by both parties by October 15 , could undermine negotiations with Israel.

The Fatah Party, which leads the Palestinian Authority's West Bank Government, has already agreed with the draft of the reconciliation agreement, while Hamas has not made its position clear because of the recent PA support for deferral of the United Nations Human Rights Council vote on the Goldstone Report on Gaza.

With the pressure on Egypt to pull back from the reconcilation agreement, Fatah can concentrate on repairing its position. Chief Palestinian negotiator Saeb Erekat said that on 16 October 16 the PA will ask the Human Rights Council to forward the Goldstone report either to the UN Security Council or to the International Criminal Court in The Hague.

Which only leaves a question: if the Obama Administration really that a peace settlement between the Palestinian Authority and Israel can come true without an agreement between Fatah and Hamas....How?