Tuesday July 19th, 2005, by
Last week marked the one year anniversary of the
International Court of Justice decision declaring the
construction of the Separation Wall in East Jerusalem
and the Occupied Palestinian Territories illegal.
On July 9th of 2004, the Court found that Israel was
obligated to stop construction and dismantle the Wall.
It ruled that Israel must "return the land, orchards,
olive groves and other immovable property seized from
any natural or legal person for purposes of
construction of the Wall in the Occupied Palestinian
Territories."
It found that Israel’s severe restrictions on movement
violated both international human rights and
humanitarian law.
When completed, the Wall will be 832 km or twice the
length of the Green Line. Even with a new Israeli
approved route, over 80 percent of the Wall’s route
remains inside the Occupied Palestinian Territories.
On March 21st of 2005, Israel approved plans to build
3,500 new housing units between Jerusalem and the
settlement of Ma’ale Adumim and Jerusalem.
As the Gaza withdrawal unfolds in the next few months
and much is made of Israel’s decision to move
unilaterally, the spectre of real peace is nowhere on
the horizon. Prime Minister Ariel Sharon’s successful
bullying of the legislative agenda and appeasement of
the settlement lobby has been carried through from the
beginning as a fait accompli. Sharon has been a
master at buying time from the US in order to
implement an aggressive settlement policy in East
Jerusalem and the West Bank.
Though he has beat back the forces of the far right
wing that have been his traditional base of support,
he has actively created a situation on the ground
under his leadership that is untenable, unsustainable
and could very well lead to the kind of international
ostracization that will do real damage to Israel in
the long term.
Since Arafat’s death and the signing of a cease-fire
agreement, Mahmoud Abbas has now been vilified by the
Israelis as the man who can’t be trusted. It doesn’t
matter who the Palestinians put forward. Added to
this is the possibility of Hamas and other Islamic
political parties gaining a stronger foothold in
upcoming parliamentary elections.
Since Arafat is no longer the Palestinian bogeyman for
the West, it will no doubt be someone else.
US President Bush has created a framework under the
Roadmap to Peace which has given Sharon the kind of
time he needs to develop a new reality on the ground
in East Jerusalem and the West Bank. A final status
agreement under these circumstances will never be
possible.
Under US demands for democracy, transparency and
security, they have handcuffed a Palestinian regime
under Occupation from having any of the legitimate
tools to govern and police their own affairs.
A weakened Palestinian state with a stalled
negotiation process and militants acting outside of
state authority has in the Initifada years worked to
Israel’s strategic advantage. One need not look any
further than the situation in East Jerusalem or the
West Bank today to understand this.
The Gaza Withdrawal should hardly be seen as an
Israeli gesture for peace - there has been a
catastrophe in its wake. Additionally, the
application of international law has been impractical,
weakly applied and has had little bearing on the
outcome in the conflict. It has proven to be an
ineffective tool in forcing Israel to comply with its
human rights obligations or bringing about an end to
the Occupation. Tacit US and European Union support
has more often than not bolstered provocative Israeli
development policies in the West Bank and East
Jerusalem.
When it comes to land confiscation and settlement
expansion, Israel has done well under the Second
Intifada and the Palestinians are in a diminished
position since September 2000. Violence has yet to
bring about peace just as a cease-fire has yet to
bring about peace.
And so on it goes.
As long as the Israeli mainstream is hopelessly out of
touch, smug in its place and extremely gifted at
looking the other way, Ariel Sharon will continue to
steamroll through his agenda like a school yard bully
until a political movement can gain strength and shape
a new reality. They have much to gain by shifting
from their entrenchment.
Until the Israeli mainstream gets behind ending the
Occupation, the maneuvers of diplomacy will merely be
photo ops and press statements devoid of meaning. The
goal posts will always seem to be shifting.
Nobody should be under any illusions - as long as
George W. Bush is President of the US and Ariel Sharon
is the Israeli Prime Minister, there will be no
lasting peace.
The Palestinians alone will never be in a position to
force a lasting deal on peace. The Americans and the
Israelis will always have to be dragged there kicking
and screaming.
There are still dark days ahead in this conflict.