Tuesday, September 14, 2010 - 1:39 PM

Part I on the settlement moratorium can be found here
As Israeli and Palestinian negotiators sat down for the second round of peace talks today in Sharm el Sheikh, their meeting was overshadowed by the imminent expiration of the settlement moratorium on Sept. 26. Many pundits continue to argue that a compromise on the settlement moratorium -- one that permits Israel to pursue some new settlement construction -- is the only thing that can get the parties past this hurdle. Many continue to suggest, too, that a "reasonable" compromise on settlements is easy to define. They are wrong on both counts.
It also seems safe to predict that a corollary to these arguments will soon emerge, to the effect that President Abbas' continued refusal to accept a compromise proves he is weak or, more damning, not serious about making peace. The irony is that this analysis makes as much -- if not more -- sense applied to Prime Minister Netanyahu.
First, let's be clear: a compromise on the moratorium is not necessary. Netanyahu has the political wherewithal to extend the moratorium if he wants to. Given the absence of widespread opposition to the moratorium in the first place, it seems unlikely that such a decision would topple his government now, especially with Kadima party waiting in the wings. Such a move would also pay significant dividends in terms of Israel's global standing -- something of tangible value to Israelis who today are deeply concerned that Israel is being delegitimized internationally.
Nor is a compromise good for Israel. Today Netanyahu has the opportunity to do something heroic and historic: to wrest control of the country's future away from the settlers.
For decades Israeli governments have let the settlers lead the country down a self-destructive path. They have let the settlers hijack Israel's political agenda, define the diplomatic debate, shape Israel's public image, and divert precious resources away from Israeli society at large.
Extending the moratorium could begin to stop this, and it would improve the chances that the newly-launched negotiations will reach an agreement that brings peace and security to Israel and ultimately renders the debate over settlement construction moot.
So why is Netanyahu stubbornly insisting on building in settlements? Is it because he is a weak leader -- lacking in courage and doubting his own ability to maneuver politically in order to stay in power if he makes tough decisions? Or, more damning, does it demonstrate that he is insincere in his embrace of peace talks and only too happy to use settlements to torpedo them?
Regardless of the answer, Netanyahu is insisting that Israel must build, and Abbas is holding firm in his demand that the moratorium continue. Faced with this stalemate, there will almost certainly be pressure on them both to come to some kind of mutually-acceptable compromise. Precisely what such a compromise might consist of, assuming one is possible, is not clear. What is clear is that it could not be based on the kind of constructive ambiguity and total indifference to the facts that have been the hallmark of all the "compromises" suggested thus far.
Because when talking about settlements and "compromises," the devil is in the details -- and most pundits seem blissfully ignorant of the details.
Like the idea that Israel could extend the moratorium, but only in settlements located outside of the so-called settlement "blocs" -- defined as those settlements located west of Israel's West Bank barrier. Or that Israel could extend the moratorium, but only to construction that is outside the built-up area of settlements -- allowing settlements to grow "vertically." As explained here, the former would open the door for a settlement construction boom that could threaten the two-state solution; the latter is a dangerous trap that the Bush administration nearly fell into.
Some are now suggesting that the moratorium could be allowed to expire, but Prime Minister Netanyahu could then quietly impose a de facto moratorium by not issuing new permits, or issuing only very few. Here, again, the devil is in the details.
The Israeli Peace Now movement just issued a new report examining the settlement construction pipeline -- those units that have already been fully or partly approved for construction in settlements.
Peace Now found that there are around 38,000 units in this pipeline, of which 13,000 units have been fully approved by the government of Israel. Construction of them can go ahead once the moratorium expires, regardless of any de facto moratorium. Of these, construction of more than 2,000 would start literally the moment the moratorium expires, while the remaining 11,000 could start whenever there is demand and the relevant settler authorities issue the final permits.
Meaning that a de facto moratorium would, in reality, be no moratorium at all.
And as noted previously, swapping an incomplete moratorium for new rules of the game that permit even more settlement construction would not be a good-faith way to start peace talks.
What it would be is an excellent way to threaten the prospects for a peace agreement and to weaken President Abbas and Prime Minister Fayyad. It would be a surefire signal that the Netanyahu government isn't serious about peace. And it would almost certainly undermine the Obama Administration's credibility as a steward of Middle East peace.
Lara Friedman is director of policy and government relations for Americans for Peace Now.
"Israel not serious about stopping settlements"
So why did Netanayhu break ranks with Likud and impose a 10 month moratorium on settlements? Eh?
Was this part of some mass-conspiracy to build more settlements in the WB?
Everyone knows the settlement issue is being used as a lightening rod by the Palestinian leadership to steamroll talks. Settlements have never been a precondition on peace talks, even in Oslo 1 they were designated as final status issues and Arafat never demanded a halt to them.
Probably because the settlements did a good 400 million in annual trade with Arab cities, about 5% of Palestine's annual GDP.
But this ignorant author is simply towing the knee-jerk reactionary blame Israel line.
Meanwhile, 3 Palestinian terrorists are killed by the IDF on the Gaza border after attacking. 2 innocent civilians are killed in the gunfight.
2 weeks ago, 4 Israeli settlers, including a 9 month old pregnant women, were ruthlessly gunned down by Hamas terrorists. And yet, did Netanyahu use the incident as an excuse to end talks?
NO!
The Palestinians have been looking for an out and they can't justify one. Israel has lived up to most of the preconditions demanded by Obama, but Israel has never agreed to a unilateral settlement freeze.
"Americans for peace now." What a joke. Palestinians demand a Jew-free Palestine. Tell me that isn't racist Americans for peace now. Jews lived in the WB well before the Arab's showed up, why all the hate?
Avner don't forget the rocket attacks from Gaza
including the recent one that landed between two day-care centers on a kibbutz, and now today's launching of phosphorus bombs from Gaza at Israeli civilian targets.
a great political game by Israel
The whole aim of the settlement debacle created by Israel at the moment is to encourage Abbas to conceal talks and put all the blame on him about the failing peace process.
Israel is not willing to accept a Palestinian state within the framework of previous agreements and based on international consensus. It is very funny, indeed, an attempt by Israel to depict such kind of offered “partial moratorium” on settlement building as a major concession towards Palestinians. In the first place, the settlements should not have been there. What a funny situation. The poor Palestinians are forced to accept the facts on the ground created by Israeli colonial and settlement policy supported and financed by US.
Apparently, the only hope for Palestinian statehood is a unilateral declaration of statehood and ratification of the Roma Statute (which will be a strong legal protection against future invasions and war crimes to be committed by Israel) which will be supported by majority of nations in the word. Only in this case Israel will be obliged to accept a Palestinian state. Wake up, Abbas!
Im not sure the Rome Statute is a solution for Palestine. To my knowledge Israel (and the US), have withdrawn their signatures from the treaty, which technically means that they have no legal obligations to adhere to the guidlines of the statute.
Imternational law, specifically Resolution 242, demands only that "territories" conquered be returned and that Israel's sovereignty be respected. In other words, land for peace. That's rather different than saying Israel has to give everything up before Palestinians (or Syrians or Egyptians or Jordanians) even discuss Israel's concerns.
As far as East Jerusalem is concerned, perhaps you're privy to some knowledge I'm not, but the conventional wisdom is that it indeed was conquered, first by the Jordanians in 48 and then by the Israelis in 67. What IS clear is that was not in fact "stolen" from the Palestinians, as it was originally supposed to be international territory. That doesn't mean Palestinians cant claim the city as their capital, nor does it excuse the discrimination against the city's Palestinian residents. But it does illustrate that your whole "robbing the bank" narrative just doesn't work. To be fair, it's no more legally useless a narrative than "Jerusalem is the eternal capital of the Jewish people and will never be divided." Slogans work when you're preaching to the choir, but these negotiations require an adult, nuanced dialogue.
See this the real problem. Israel, Israelis, and its megasupporters (like you two clearly appear to be) are spewing forth weak arguments to support its claims.
Statements like this one:
"You can argue international law all you want (I'm sure it is especially easy for you, given you didn't cite a single source or anything like that"
Make any real discussion impossible - i imagine this is what it must be like 'negotiating' with Israel. Dont take my word for it - look it up - though i imagine you will not because the entire PLANET already knows the answer to this - Israel is STEALING this land. You can attempt to word-smith and justify anything you want - you are both on this site like 24 hours a day so i am assuming you are both Hasbara hired by Israel to do exactly what you are doing).
In any case, the problem with you position is that you are attempting to defend a position that is, by the interpretation of nearly the entire planet, indefensible (once again, feel free to look it up...). There are obviously a few governments that support Israel (most notably my own - the US) - however the overwhelming population of the globe and an increasing population in the US (including a growing segment of younger Jews in the US - and to the notable exclusion of ultra - right-wing bible thumping morons) knows what this really is.
One thing do not really understand is why Hasbara is targeting foreignpolicy.com. This site is not exactly a mainstream site where most uninformed people go to read - and then stick around to read the comment section - the people who read this site are generally well versed and have more or less made up their minds. I wonder if Israels bang for the buck would be greater lurking around Yahoo.com and leaving the adults alone...
Since you raised the point of the parties need to 'compromise' , please explain this...
http://feeds.bignewsnetwork.com/?sid=685191
I have the temerity to disagree with you on a news site, so I must be a foreign agent. One more post and I'll have enough shekels for that apartment in Tel Aviv!
As to the "substance" of your argument, I feel compelled to inform you that international law and peace negotiations are rather different than a high school popularity contest. So simply saying that "everyone" feels a certain way (even with capslock on) doesn't make it so. I have looked up the history of this conflict in, like, books. What I found was the UN security council resolution I already mentioned, which lays down a groundwork for negotiations. Said negotiations are recognized by the United States and the international community. Negotiations. Not a court case. The settlement homes that would be built if (big if) the freeze is allowed to be expire is thus a subject for negotiation. That's just the way adults do things. It doesn't matter how many twitter feeds and facebook groups you can find that say the contrary.
for every time I've been accused of being an Israeli agent simply for disagreeing with someone on this forum, I really WOULD be able to buy an apartment in Tel Aviv. Maybe it's time to submit a job application to the Hasbara agency.
I am also not israeli nor Jewish
so I can only conclude that Base is an anti-Semite, not for criticizing Israel, but for assuming that everyone who disagrees with him is Israeli or Jewish. And people like BASE complain about the debate being shut down, what hypocrisy!
to TOPCAT:
Under the Roma State, if a future Palestinian state accedes to it, any international crime (war crimes, genocide and crimes against humanity) commiited by a state which did not sign the Roma Statute (e.g. Israel) against Palestinian State and nation is presecutable because these crimes are committed against the state which is a party to the Statute.
From a legal perspective, Israel's non-ratification of the Statute does not matter if it committes such crimes against the state which has signed the Statute.
It's strange what Abbas is waiting for?

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