TROUBLES OF A TWO-STATE SOLUTION

Why a Palestinian state would be a disaster for Israel and the region.

Howard Kohr, AIPAC’s (American-Israel Public Affairs Committee) CEO created a bit of an uproar among certain Jewish organizations when he stated at the AIPAC conference earlier this month that, “We must work toward that future: two states for two people. One Jewish with secure and defensible borders, and one Palestinian with its own flag and its own future.”  It was a reiteration of last year’s call on the U.S. administration to undertake steps that “Could create a climate that encourages the Palestinians to negotiate in pursuit of the goal we desire: a Jewish state of Israel living side by side in peace and security with a demilitarized Palestinian state.”

There is no question that Howard Kohr’s motives are pure and honorable in seeking a secure Israel alongside a peaceful and demilitarized Palestinian state.  Unfortunately reality dictates otherwise.  At the moment we actually have a need to solve more than a two-state question.  We have a third state question and that is the Hamas ruled Gaza Strip.  Hamas has vowed to fight until the liberation of all of Palestine and the destruction of Israel.  The Los Angeles Times reported (March 1, 2017), “In a shift, the new document (as it relates to the Hamas Covenant-JP), formally endorses the goal of establishing a Palestinian state in Gaza and the West Bank, with Jerusalem as its capital, as part of a ‘national consensus’ among Palestinians (this was during the reconciliation process with Fatah and the Palestinian Authority-JP).  While that may be a tacit acknowledgment of Israel’s existence, the revision stops well short of recognizing Israel, and reasserts calls for armed resistance toward a ‘complete liberation of Palestine’ from the river to the sea.”

The attempted assassination of the Palestinian Authority (PA) Prime Minister Rami Hamdallah earlier this month in Gaza, put a stop to the reconciliation efforts between Hamas and the PA, which is dominated by Fatah.  Fatah spokesperson and Revolutionary Council member, Osama al-Qawasmi said, “Hamas is fully responsible for this cowardly operation that targeted the homeland, reconciliation, and unity. This cowardly act is outside of our values and national relations, and has repercussions.”  It is clear that even if PA President Mahmoud Abbas should return to the negotiating table, and that is doubtful, Hamas will continue its campaign of terror against Israel.  Hamas is unwilling to give up control of its arms, its rockets, or its mortars, to the PA.

In December, 1998, President Bill Clinton responded to Arafat’s letter.  He thanked Arafat for the move in January of the same year, which allegedly struck out and amended the call in the Palestinian Charter for the destruction of Israel, by the raised arms verbal vote of the Palestinian National Council (PNC).  The Palestinian Charter specifies in Clause 33 as amended in 1968, that the charter can only be changed if 2/3rds of its membership met to vote on the change.  This did not occur.  It is abundantly clear that the PA is still committed to the destruction of Israel, albeit, without openly using the extremist verbiage that Hamas is using.  The continued incitement to violence and terror by Mahmoud Abbas, and the entire educational and informational apparatus of the PA that advocates hatred for Jews and Israel, negates the idea of a peaceful Palestinian state living side by side with the Jewish state of Israel.

The idea that a future Palestinian state would adhere to being a “demilitarized state” is totally unrealistic, especially if we consider the history and nature of Arab regimes. Louis Rene Beres, Emeritus Professor of International Law, has pointed out that even “If the government of a fully sovereign Palestinian state were in fact willing to consider itself bound by some pre-state agreement to demilitarize, in these improbable circumstances, the new Palestinian Arab government could likely identify ample pretext and opportunity to invoke lawful ‘treaty’ termination.

Palestine could withdraw from any such agreement because of what it would regard as a ‘material breach,’ a purported violation by Israel, one that had allegedly undermined the object or purpose of the accord.  It could also point to what international law calls Rebus sic stantibus: permissible abrogation,’ known more popularly as a ‘fundamental change of circumstances.’  If Palestine should declare itself vulnerable to previously unseen dangers, perhaps even from interventionary forces, or the forces of other Arab armies or insurgencies that it could claim might be trying to occupy it, it could lawfully end its previously codified commitment to stay demilitarized.

There is another reason why any hopes for Palestinian demilitarization must remain unsupportable. After declaring independence, a Palestinian government — any Palestinian government – could point to particular pre-independence errors of fact, or to duress, as appropriate grounds for invoking selective agreement termination. In this regard, the grounds that may be invoked under domestic law to invalidate contracts could also apply under international law, whether to actual treaties, or, as in this particular case, to lesser treaty-like agreements.”

Professor Beres pointed out that according to the ‘Vienna Convention on the Law of Treaties’ (1969), an authentic treaty must always be between states.”  Beres argues that “any treaty or treaty-like compact is void if, at the time of its entry into force it conflicts with a ‘peremptory’ rule of international law — that is, one from which ‘no derogation is permitted.’ As the right of sovereign states to maintain military forces for self-defense is always such a rule, Palestine would be within its lawful right to abrogate any pre-independence agreement that had (impermissibly) compelled its own demilitarization.

The “2005 Gaza experience,” of unilateral withdrawal from Gaza, has taught Israel a painful lesson.  Once it vacates land it will ultimately become a base for terror attacks against its cities and citizens.  With Israel’s major cities within rifle fire of a Palestinian state, not to mention rockets, life inside Israel would become impossible.  Palestinian terror attacks and Israel’s retaliation will serve as an excuse for the future state of Palestine to discard demilitarization.  International guarantees, even by its closest allies won’t have any meaning. Israel learned this lesson following the Sinai Campaign of 1956.  The Maritime powers guarantees (including the U.S.) didn’t prevent Egypt’s dictator, Abdul Nasser, from closing the Straits of Tiran and the Suez Canal to Israeli navigation. The International community did nothing.

A one-state solution in which Israel would absorb about two-million Palestinians as its citizens is not an ideal solution either.  It isn’t so much the demographic threat that it once was, but rather a threat to peace within the country, where two cultures are in conflict.  Perhaps the ideal solution is for the Kingdom of Jordan to federate with the West Bank Palestinians.  Israel would annex area C under the Oslo Accords, where most of the 500,000 Jews live, and the Jordan River would serve as the international border between Israel and Jordan, which would insure Israel’s security.  The Palestinian-Arabs will have a flag (the Jordanian and Palestinian flags are almost identical), a representation in the federated government, possibly a Palestinian Prime Minister (Jordan’s population is already 70% Palestinians), an outlet to the sea (Aqaba if not Gaza) and total religious homogeneity (Sunni-Islam).

Under normal circumstances many Israelis, much like Howard Kohr, would prefer a two-state solution.  But the realities in the Middle East indicate that another authoritarian state (and most likely terrorist state) won’t contribute to stability or peace in the region.  On the contrary, it would serve as a focal point of conflict.  Perhaps in the next few generation things might change, but for now a Palestinian state would be a disaster for Israel and the region.

Originally Published in FrontPageMag.

[WATCH] Gaza: Let Their People Go




The above video features Martin Sherman speaking about the most realistic and humanitarian solution for the former Israeli enclave of Gaza now in the hands of a brutal Jihadist terror group, Hamas.

Notes on our next war

Originally Published in Abu Yehuda.

There is a feeling of calm before the storm here in Israel. Everyone thinks war is unavoidable, and most people understand, at least on an intellectual level, that this war is going to be one of the toughest in Israel’s history.

I’ll say at the outset that I’m convinced that we will survive this one too, and even achieve a measure of victory. But the cost will be very high in soldiers, civilians and property, and the price we will have to exact from our enemies will be even higher. As in the past, they have worked themselves into a frenzy, listening to their own propaganda. And as in the past, they will be sorry. But there’s no stopping them, particularly since the Iranian regime thinks it will be able to destroy us by proxy, without getting its own hands dirty.

Our government and military will do their best to deter the various actors. Don’t join in, and nothing will happen to you, they will say, as they said to King Hussein of Jordan in 1967. But our enemies’ lack of understanding of our capabilities, their misconceptions about the nature of the Jewish people in Israel, and their incandescent hatred for us will continue to dazzle them.

We are facing some 130,000 rockets in Lebanon which can hit almost all of Israel, and some of which can be accurately guided to their targets. There is also an unknown number of missiles in Syria, which can carry chemical weapons. And Iran herself has missiles that can strike Israel from her territory. There are battle-hardened Hezbollah fighters and Shiite militias in Lebanon and Syria, prepared to bring the war to our territory. And unlike the IDF, they will not spare civilians that they encounter.

Hamas has also built up its missile forces since the last war, and have hardened their launchers and buried them underground. There is a threat from ISIS in the northern Sinai. Once the war begins we can expect an upsurge in terrorism from Arabs in Judea and Samaria, and possibly even from terrorist cells based in the Triangle area. How many fronts does that make?

The IDF expects incursions in the North and has made plans for evacuation of areas threatened by fighting or heavy rocket barrages. Possibly there may also be evacuations in the area around Gaza.

The enemy’s first act will probably be massive rocket attacks from Lebanon, perhaps with precision-guided missiles aimed at military targets and sensitive infrastructure. Only some of the incoming rockets will be intercepted by our anti-missile systems, which can be overwhelmed by the sheer number of projectiles. I expect that there will be incursions by elite enemy forces at the same time, in order to create panic and jam the roads with people moving south. Thousands of rockets a day will be fired at first, until our forces can destroy the launchers and stockpiles.

The IAF and artillery will hit the launch areas in southern Lebanon, causing massive damage and probably great loss of life to civilians among whom the rocket launchers are placed. IDF ground troops will enter Lebanon to root out the launchers that can’t be destroyed from the air. Heavy fighting is expected in an area that is honeycombed with tunnels and bunkers. Casualties to both the home front and the IDF in this phase may be quite high.

I can’t estimate how long it will take for the rocket fire from Lebanon to be stopped, but in 2006 it continued for an entire month until a cease-fire was signed. The IDF says that it has learned its lessons from that war, but then so has Hezbollah. I think it is true that this time we have far better intelligence and will know how to hit more targets in less time. We may even succeed in decapitating Hezbollah by killing its top leadership early on. But it is impossible to predict what will happen in a four- or five- front war. There are credible estimates of thousands of civilian and military casualties on our side. The war will probably be the most painful of any of Israel’s previous wars (at least in the sheer number of casualties).

I think that the Israel of massive construction projects and burgeoning economy will suffer a severe setback from this war, because of the human and financial costs. The “golden age” that we are experiencing today will not continue, or at least will be suspended for some years. The worldwide hate machine will go into overdrive, holding us responsible for the deaths of thousands or even tens of thousands of human shields in Lebanon and Gaza. There will be demonstrations against Israel and Jews everywhere.




What can we do to reduce the impact of the war? It seems to me that there are several possible strategies:

One is to wait for the enemy to attack and then hit them as hard as possible. This has one main advantage – at least, its proponents claim that it does – which is that world opinion and the diplomatic climate would be more favorable, since we would not be viewed as the aggressor. Our enemies would have violated international law by attacking us, and theoretically a  negotiated settlement would favor us.

The main disadvantage of this strategy is that a huge amount of damage can be done before we respond. Especially if critical infrastructure is destroyed, our response could be delayed, and the difference could be measured in thousands of deaths. Since ground troops would be required to deal with incursions and hardened rocket launchers, we would be in a difficult spot until the reserves could be called up, especially if we have been attacked on multiple fronts.

But the truth is that our diplomatic isolation stems from other nations’ perceptions of their national interest and by their prejudices, and not on the true moral or legal nature of our actions. World opinion is manipulated by governments and media and is also not reality-based. Therefore I doubt that any such abstract advantages would justify the price we would pay for it. And the price would be high.

The second strategy is to preempt and attack first. Martin Sherman has done a good job in arguing for preemption:

Given the assumption that, bolstered by its patron’s pervasive physical presence, Hezbollah will in all likelihood, eventually, use the vast arsenal at its disposal, the inevitable question is: Will Israel allow its deadly adversary to choose the time, place and circumstances for a major attack against it? Indeed, more to the point, can Israel afford to allow Hezbollah such a choice?

Sherman goes on to show that Israel cannot, particularly because the small size of the country and her technological sophistication make her especially vulnerable to destruction of critical infrastructure, such as power plants, desalination facilities, refineries, natural gas platforms, and similar facilities. A preemptive strike might not be quite as effective as it was in 1967, but it would certainly reduce the damage that Israel would need to absorb. If done properly it might result in a quick end to the war. I’ve argued the same thing hereand here.

Sherman argues correctly that the idea that Israel has been successful in deterring its enemies is wrong. Rather, our restraint has been exploited to allow our enemies to build up and harden their capabilities. The choice, says Sherman, is “between incapacitating the enemy while you can; or continuing to deter the enemy—until you can’t!”

A third strategy is to continue as we have been doing, preventing Iran from establishing bases in Syria and arming Hezbollah by means of limited strikes. But this is a delaying tactic that is only partially effective, and, Sherman notes, “it is liable to lead not only to the hardening of targets— for example by converting them from surface to underground sites—but to familiarizing the enemy with Israel’s methods and capabilities.”

There is always the question “what will the great powers do?” That means, of course, the US and Russia. The rest of the world will talk, but does not have the power to act (the Sunni Arabs will condemn us in public but smile in private). It is hard to predict what the Trump Administration will do, but it is certain that a Democratic administration would be worse, which argues for taking action sooner rather than later.

Will the Americans insist on prior knowledge of the operation? Can we take the risk of telling them? What will happen if we don’t?

As far as Russia is concerned, part of our plan will have to include guaranteeing Russia’s interests in the region. What this would mean in detail would have to be worked out, but I don’t think our interests and Russia’s have to contradict each other.

The problem is that time is not on our side. The longer we wait, the more expensive in lives and money the inevitable war becomes. The comforting argument that because of our strength our enemies will continue to be deterred falls apart with every new report that Iran has built this or that facility, or introduced this or that militia into Syria.

Sherman asks: do we want a triumph like 1967 or a trauma like 1973? I don’t know if we can achieve a victory as total as 1967, but only preemption will save us from an outcome that could be much worse than 1973.

Israel Captures Military Shipment Headed for Gaza

Israel caught ships bound for Gaza smuggling military grade uniforms and boots to Hamas in the Ashdod port.  The Government Press Office reported that “Ashdod port customs personel discovered the largest ever consignment – including thousands of items – of military clothing including vests for holding military equipment.”

As part of Israel’s Gaza blcokcade, the Ashdod port customs checks every Gaza bound vessel for military equipment.  In this case the workers struck big.

The Government Press Office reported that the Gazan importer of the consignment, originated in China.  The importer was meant to receive it via the Kerem Shalom crossing, but do to the type of shipment all items were handed over to the security establishment.

 

Image Source: Israel Tax Authority (Ashdod customs)

 

Israel Tax Authority (Ashdod customs)

ISRAEL ATTACKS?…Hamas Official Injured in Lebanon Car Bombing

Hamas official, Mohammad Hamdan was severely injured today when is BMW exploded in the Lebanese city of Sidon.

Although Hamas officials insisted Hamdan was lightly injured.  Social media pictures from the scene showed the effects from the bomb being far worse.

While it is not confirmed Israel was behind the attack, Hamas believes it was a targets strike by the Israeli security forces.

“We hold the Israeli occupation accountable for the car bombing that targeted Hamas figure Mohammed Hamdan in southern Lebanon port city of Sidon,” said Ayman Shana’a, Hamas political leader.

Palestinians live in 12 densely populated “camps” in Lebanon.