http://www.jewishworldreview.com/0511/dershowitz_obama_israel_borders.php3

 

May 26, 2011 / 22 Iyar, 5771 

Obama explains - and makes it worse 

By Alan M. Dershowitz 

The American president 's statement at a UK press conference reveals the
underlying flaw in Obama's thinking about the conflict. Giving the
Palestinians more than they asked for has made it impossible for the
Palestinians to compromise 



In his press conference with British Prime Minister David Cameron in London
on Wednesday, US President Barack Obama explained his thinking as to why he
insisted that the first step in seeking a peaceful two-state solution
between Israel and the Palestinians must be an agreement by Israel to accept
the 1967 borders with mutually agreed-upon land swaps. 

Here is what the president said: "It is going to require wrenching
compromise from both sides. In the last decade, when negotiators have talked
about how to achieve that outcome, there have been typically four issues
that have been raised. One is the issue of what would the territorial
boundaries of a new Palestinian state look like. Number two: how could
Israel feel confident that its security needs would be met? Number three:
how would the issue of Palestinian refugees be resolved; and number four,
the issue of Jerusalem. The last two questions are extraordinarily
emotional. They go deep into how the Palestinians and the Jewish people
think about their own identities. Ultimately they are going to be resolved
by the two parties. I believe that those two issues can be resolved if there
is the prospect and the promise that we can actually get to a Palestinian
state and a secure Jewish state of Israel." 

This recent statement clearly reveals the underlying flaw in Obama's
thinking about the Israeli-Palestinian conflict. There is no way that Israel
can agree to borders without the Palestinians also agreeing to give up any
claim to a "right of return." As Palestinian Prime Minister Fayyad Salaam
once told me: each side has a major card to play and a major compromise to
make; for Israel, that card is the West Bank, and the compromise is
returning to the 1967 lines with agreed-upon adjustments and land swaps; for
the Palestinians, that card is "the right of return," and the compromise is
an agreement that the Palestinian refugees will be settled in Palestine and
not in Israel; in other words, that there will be no right to "return" to
Israel. 


President Obama's formulation requires Israel to give up its card and to
make a "wrenching compromise" by dismantling most of the West Bank
settlements and ending its occupation of the West Bank. But it does not
require the Palestinians to give up their card and to compromise on the
right of return. That "extraordinarily emotional" issue is to be left to
further negotiations only after the borders have been agreed to. 

This temporal ordering - requiring Israel to give up the "territorial" card
before the Palestinians even have to negotiate about the "return" card - is
a non-starter for Israel and it is more than the Palestinians have privately
asked for. Once again, President Obama, by giving the Palestinians more than
they asked for, has made it difficult, if not impossible, for the
Palestinians to compromise. Earlier in his administration, Obama insisted
that Israel freeze all settlement building, despite the fact that the
Palestinians had not demanded such action as a precondition to negotiating.
He forced the Palestinians to impose that as a precondition, because no
Palestinian leader could be seen as less pro-Palestinian than the American
President. Now he's done it again, by not demanding that the Palestinians
give up their right of return as a quid for Israel's quo of returning to the
1967 borders with agreed-upon land swaps. 

So it's not so much what President Obama said; it's what he didn't say. It
would have been so easy for the President to have made the following
statement: 

 

"I am asking each side to make a wrenching compromise that will be
extraordinarily emotional and difficult. For Israel, this compromise must
take the form of abandonment of its historic and Biblical claims to what it
calls Judea and Samaria. This territorial compromise will require secure
boundaries somewhat different than the 1967 lines that led to war.
Resolution 242 of the Security Council recognized the need for changes in
the 1967 lines that will assure Israel's security. Since 1967, demographic
changes have occurred that will also require agreed-upon land swaps between
Israel and the new Palestinian state. This territorial compromise will be
difficult for Israel, but in the end it will be worthwhile, because it will
assure that Israel will remain both a Jewish and a fully democratic state in
which every resident is equal under the law. 

"For the Palestinians, this compromise must take the form of a recognition
that for Israel to continue to be the democratic state of the Jewish people,
the Palestinian refugees and their descendants will have to be settled in
Palestine. In other words, they will have a right to return, but to
Palestine and not to Israel. This will be good both for Palestine and for
Israel. For Palestine, it will assure that the new state will have the
benefit of a large and productive influx of Palestinians from around the
world. This Palestinian diaspora should want to help build an economically
and politically viable Palestinian state. The Palestinian leadership must
recognize, as I believe they do, that there will be no "right of return" of
millions of Palestinian refugees and their descendants to Israel.
Compensation can be negotiated both for those Palestinians who left Israel
as a result of the 1948 wars and for those Jews who left Arab countries
during and after that same period." 


It's not too late for President Obama to "explain" that that is what he
really meant when he declared that Israel must remain a Jewish state and
that any Palestinian government that expects compromises from Israel must
recognize that reality. Central to Israel's continued existence as the
nation-state of the Jewish people is the Palestinian recognition that there
can be no so-called "right of return" to Israel, and that the Palestinian
leadership and people must acknowledge that Israel will continue to exist as
the nation-state of the Jewish people within secure and recognized
boundaries. Unless President Obama sends that clear message, not only to the
Israelis but to the Palestinians as well, he will not move the peace process
forward. He will move it backward. 

 



[Non-text portions of this message have been removed]



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