Hebrew University
Hebrew University - Frances Raday (Dept of Law) thinks
creating a terrorist state for Palestinians firing rockets into
Israel is essential for Israelis
The recognition of a Palestinian state is as
important to Israel as to the Palestinians. For Israel to continue
to function as a democratic and Jewish state, it must bring about a
symmetrical right of self-determination for the Palestinians....
An additional strategic advantage for Israel is
that, once recognized as a state, Palestine's jurisdiction will
extend only to those who are living in Palestine. This is at present
a contested concept: the Palestinian Authority is regarded as the
exclusive representative of the Palestinian people and it is claimed
that the current process of General Assembly recognition does not
fully reflect their role in the resolution of the conflict.
http://www.ynetnews.com/articles/0,7340,L-4125683,00.html
Palestine an Israeli interest
Op-ed: Recognition of Palestinian state as important to Israel
as to the Palestinians
Frances Raday
Published: 22/09/11
The Israeli government has brought us to
absurdity, using all its powers of diplomatic persuasion to preempt
UN recognition of a Palestinian state, when it is in Israel's
strategic interest that Palestine should be recognized as a state.
A march of folly has brought us to this point:
the settlement policy of this and previous governments and
Netanyahu's failure to promote genuine negotiations with the
moderate leadership of Abbas and Fayyad, to make concessions, which
are in any case foregone conclusions, or to freeze building in
occupied areas.
The recognition of a Palestinian state is as
important to Israel as to the Palestinians. For Israel to continue
to function as a democratic and Jewish state, it must bring about a
symmetrical right of self-determination for the Palestinians.
This has been acknowledged by all our prime
ministers since the Oslo Declaration of Principles. Continuing
governance of the Arab population of the West Bank will result in
their de facto incorporation in the Israeli body politic and
undermines the necessary critical mass of a Jewish majority.
From an international relations perspective, UN
recognition of a Palestinian state would complement, clarify and
confirm the right of the Jewish people to self-determination in
Israel and would do much to put an end to growing claims of
illegitimacy, not only from hostile Muslim countries but also from
neutral and sometimes friendly actors.
Although Israel's statehood was settled on her
admission to membership of the UN in 1949, Israel's character as a
state for self-determination of the Jewish people was only expressed
in the General Assembly partition plan, whose intention was to
create a Jewish state alongside an Arab state.
Against this historic background and in view of
global and regional developments and the string of agreements and
resolutions since, the stand of the international community is
clear: an end to the conflict is possible only with creation of two
states and territorial division.
An additional strategic advantage for Israel is
that, once recognized as a state, Palestine's jurisdiction will
extend only to those who are living in Palestine. This is at present
a contested concept: the Palestinian Authority is regarded as the
exclusive representative of the Palestinian people and it is claimed
that the current process of General Assembly recognition does not
fully reflect their role in the resolution of the conflict.
Bypassing Hamas Charter
General Assembly recognition would obviate the
need to reach a solution with the worldwide Palestinian Diaspora.
Here too symmetry could facilitate rational negotiation regarding
the solutions for overseas Palestinians, on a basis of immigration
or compensation. It would also necessitate reformulation of UNRWA,
which at present classifies Palestinians and generations of their
offspring as refugees, even where they would not otherwise qualify
for refugee status, and allow restriction of UNWRA welfare to
existing refugees, predicating an imperative of assimilation for
future generations.
Israel has a justified interest in preventing
UN recognition of Hamas but it is questionable whether outright
opposition to recognition of a Palestinian state would be the best
way to achieve this. One of the conditions for membership of the UN
is submission of an application stating adherence to the UN Charter
- the Hamas Charter, which calls for elimination of Israel and the
killing of Jews cannot conform to this requirement.
Hence, the signing Palestinian entity would
have to bypass the Hamas Charter and undertake to regard the
Palestinian Constitution, drafted by Abbas and Fayyad, as the
determining document for Palestinian statehood.
Reliance on the Palestinian Constitution
appears to conform with the spirit of the Memorandum of
Understanding between Fatah and Hamas. In this matter, Israel has
international support, as evidenced most recently by the Palmer
Committee, set up by the Secretary General to report on the flotilla
to Gaza, which determined that Israel is facing a real threat to its
security from Gaza.
Hopefully, we can interpret the decision of
Netanyahu to go himself to the General Assembly, instead of sending
the president to make a merely diplomatic declaration, as signifying
his willingness to open intensive negotiations. Optimism could lead
us to hope that the purpose of negotiations would be the submission
of a joint Israeli-Palestinian request for General Assembly
recognition of the Palestinian state.
An initiative of this kind would, while
securing Israel's strategic interests, also influence those members
of the international community, who are genuinely concerned about
the status of Palestine and strongly condemn the continuing
occupation, but who at the same time support and want to guarantee
the secure existence of Israel.
Prof. Frances Raday serves as Chair, Concord
Research Center for Integration of International Law in Israel -The
Haim Striks School of Law, COLMAN
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