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Sunday, April 03, 2011

The 'Palestinians' UN gamble

Former Foreign Ministry legal adviser Alan Baker says that the 'Palestinians' have a lot to lose by turning to the United Nations.
* The Palestinian leadership has announced its intention to abandon the negotiation process and to unilaterally seek a UN resolution that will impose a solution upon Israel. Facing a possible veto in the Security Council, the Palestinians are aiming to impose a UN resolution through the General Assembly "Uniting for Peace" procedure, which they hope will be supported by the UN member states.

* While such a resolution would not have the authority to alter the legal status of the territories, the negative consequences of such a course of action would nevertheless serve to void the very basis of the peace process. It would undermine the legal existence of the Palestinian Authority and violate commitments by Yasser Arafat to settle all issues by negotiation,

* Such unilateral action outside the negotiation process would constitute a fundamental breach of the 1995 Israeli-Palestinian Interim Agreement, thereby releasing Israel from its reciprocal commitments.

* Such unilateral action would undermine the international community's reliance on Security Council Resolutions 242 and 338 which form the foundation of all the agreements between the parties. It would also place into question the integrity and credibility of any Security Council resolutions or agreements resolving conflicts between states.

* It would render as meaningless the signatures of the major powers as witnesses to previous negotiated agreements. It would also be incompatible with provisions of resolutions and agreements requiring negotiated solutions to the Jerusalem and refugee issues.
What could go wrong?

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At 8:14 AM, Blogger NormanF said...

Israel should warn it will annex Yesha if the Palestinians seek to unilaterally declare independence without adhering to their undertakings to settle their dispute with Israel by negotiation.

If their leadership doesn't understand that keeping an agreement is a two way street, there is no point to pretending there is a "peace process." In the end, the Palestinians will be the ones who will lose even if they gain the support of most of the world for what they are presently doing.

The lesson for Israel is clear: a mere piece of paper contracted with Arab leaders is worthless and the same applies to the all but defunct peace treaty with Egypt. Without peace partners there is no peace and it is clear Israel has none on the Palestinian side.


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