Tuesday, June 25, 2013

  • Tuesday, June 25, 2013
  • Elder of Ziyon
We've shown many times that PLO chief negotiator Saeb Erekat is a liar.

Here is a great article by lawyer Richard Horowitz that rips apart Erekat's claims at a recent conference that Israel is violating legal agreements in the Oslo framework:
On November 10, 1975, the UN General Assembly passed Resolution 3376creating the “UN Committee on the Exercise of the Inalienable Rights of the Palestinian People,” and on May 20, 2013 it held its 352nd meeting, for which Saeb Erekat, Palestine’s chief negotiator with Israel, delivered the keynote address.
Erekat explained that the Palestinians will not resume negotiations with Israel, not because it has preconditions, but because Israel has to first satisfy its legal obligations.
“We have no conditions to resume negotiations. When we say Israel must stop settlement activity, this is not a condition, this is an Israeli obligation, emanating Article 31 the final clauses of the Interim Agreement 1995 and the Roadmap which specified stopping settlement activities including natural growth as an obligation on Israel.
When we speak about releasing prisoners, especially those who were arrested before the end of May 1994, we also stipulate Article 3 to the Sharm el Sheik Agreement of 1999; that’s an agreement signed with Israel.
And when we say two-state solution of 1967 the Roadmap specified that the objective of the peace process is to end the occupation that began in 1967. So Israel in its blame-game and finger pointing that we put conditions. Ladies and gentlemen, these are not conditions, these are Israeli obligations.”
A review of the documents Erekat cites shows no such Israeli obligations. Article 31 of the Interim Agreement of 1995 signed by both parties contains no requirement for Israel to cease settlement activity. This interim agreement mentions settlements only in the context of issues that will be determined through “permanent status negotiations,” along, for example, with Jerusalem, borders, and refugees (Article 31(5).  These issues, including settlements, are again listed in Article 17(1)(a) as “issues that will be negotiated in the permanent status negotiations.”
Erekat ignores paragraph six of Article 31, “neither party shall be deemed, by virtue of having entered into this Agreement, to have renounced or waived any of its existing rights, claims, or positions,” and paragraph seven, “neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip pending the outcome of the permanent status negotiations,” as the Palestinians did by presenting the issue of its statehood before the Security Council and General Assembly.
Erekat also relies on the 2003 Roadmap as proof of Israel’s obligation to “freeze[s] all settlement activity (including natural growth of settlements),” as the document states. The Roadmap, however, is neither an agreement nor in any way a legally binding document. It is a recommendation proposed by the Quartet to the parties bearing no legal authority, similar to UN General Assembly resolutions, which are non-binding. For example, General Assembly Resolution 181 of November 29, 1947, a non-binding recommendation, “call[ed] upon the inhabitants of Palestine to take such steps as may be necessary on their part to put this plan into effect,” meaning “independent Arab and Jewish States … shall come into existence in Palestine,” soon after the expiration of the Mandate for Palestine in May 1948, created by the League of Nations in 1922. This resolution was accepted only by Palestine’s Jewish community, which declared Israel’s independence in May 1948, not its Arab community.
The second Israeli obligation Erekat claims is that Article 3 of the Sharm el-Sheikh Memorandum (Erekat referred to this document as an agreement), also signed by both parties, requires Israel to release all Palestinian prisoners by stating that the article applies to “especially those who were arrested before the end of 1994.” Article 3 however, states that “Israel shall release Palestinian and other prisoners who committed their offences prior to September 13, 1993, and were arrested prior to May 4, 1994,” meaning the article refers onlyand not especially to prisoners in this category. Erekat ignored the implication of Israeli and Palestinian negotiations, pursuant to Article 3 of the Memorandum, which stated, “the two Sides shall establish a joint committee that shall follow up on matters related to the release of Palestinian prisoners.” The joint committee met numerous times to negotiate the prisoner release issue, with Erekat playing a leading role.
To prove Israel’s third obligation, to return to the 1967 line in order to create the two-state solution, Erekat again cited the Roadmap, which does state, “the settlement will resolve the Israel-Palestinian conflict, and end the occupation that began in 1967.” As stated the Roadmap is a recommendation by the Quartet to the parties and not a binding legal document. As such, the Roadmap cannot create obligations on either party; rather, this language provides historical perspective. Moreover, that the issue of borders is included in the Interim Agreement of 1995 as a matter for final status negotiations negates the argument that a return to the 1967 line is an Israeli obligation. In fact, theSecurity Council Resolution 242 of November 22, 1967 submitted by UK ambassador, Lord Caradon, spoke of the “withdrawal of Israel armed forces from territories occupied in the recent conflict,” and intentionally omitted the word "the" preceding the word terroritories, indicating the resolution did not have the intention of withdrawal from all territories.
The implication of Erekat’s claim that a return to the 1967 line is an Israeli legal obligation and not a Palestinian condition to resume negotiations becomes evident when he stated, “we have also entertained that if Israel accepts two states on 1967, and Palestine becomes independent we are willing to entertain the idea of minor modifications.” Erekat in effect is saying that only after Palestine achieves statehood on the 1967 line will it entertain minor modifications on its sovereign land.
The parties agreed in the Interim Agreement of 1995 that settlements, refugees, and borders are to be left for final status negotiations, which will not occur if the Palestinians consider these issues unsatisfied Israeli legal obligations.
You literally cannot trust anything that comes out of Erekat's mouth.

(h/t Lauri)

EoZTV Podcast

Podcast URL

Subscribe in podnovaSubscribe with FeedlyAdd to netvibes
addtomyyahoo4Subscribe with SubToMe

search eoz



follow me

Follow by Email


Share on Whatsapp


For $18 donation

Sample Text

EoZ's Most Popular Posts Ever


Elder of Ziyon - حـكـيـم صـهـيـون

This blog may be a labor of love for me, but it takes a lot of effort, time and money. For over 12 years and over 25,000 articles I have been providing accurate, original news that would have remained unnoticed. I've written hundreds of scoops and sometimes my reporting ends up making a real difference. I appreciate any donations you can give to keep this blog going.


Donate to fight for Israel!

Monthly subscription:
Payment options

One time donation:

subscribe via email

Follow EoZ on Twitter!



The Jerusalem Report:"A seemingly indefatigable one-man operation, armed only with a computer, chutzpa and stamina."

Algemeiner: "Fiercely intelligent and erudite"

Omri: "Elder is one of the best established and most respected members of the jblogosphere..."
Atheist Jew:"Elder of Ziyon probably had the greatest impression on me..."
Soccer Dad: "He undertakes the important task of making sure that his readers learn from history."
AbbaGav: "A truly exceptional blog..."
Judeopundit: "[A] venerable blog-pioneer and beloved patriarchal figure...his blog is indispensable."
Oleh Musings: "The most comprehensive Zionist blog I have seen."
Carl in Jerusalem: "...probably the most under-recognized blog in the JBlogsphere as far as I am concerned."
Aussie Dave: "King of the auto-translation."
The Israel Situation:The Elder manages to write so many great, investigative posts that I am often looking to him for important news on the PalArab (his term for Palestinian Arab) side of things."
Tikun Olam: "Either you are carelessly ignorant or a willful liar and distorter of the truth. Either way, it makes you one mean SOB."
Mondoweiss commenter: "For virulent pro-Zionism (and plain straightforward lies of course) there is nothing much to beat it."
Didi Remez: "Leading wingnut"

Interesting Blogs


Abbas liar Academic fraud administrivia al-Qaeda algeria American Jews Amnesty analysis anti-semitism antisemitism apartheid arab refugees Arafat archaeology art ASHREI B'tselem bahrain Balfour bbc BDS BDSFail Bedouin Beitunia beoz book review Brant Rosen breaking the silence Campus antisemitism Cardozo Chakindas Chanukah Christians Clark Kent conspiracy theories Cyprus Daled Amos Daphne Anson David Applebaum Davis report DCI-P Divest This double standards Egypt Elder gets results ElderToons Electronic Intifada Embassy EoZ Trump symposium eoz-symposium EoZNews eoztv Erekat Erekat lung transplant EU Euro-Mid Observer European antisemitism Facebook jail Fake Civilians 2014 Farrakhan Fatah featured Features fisking flotilla Forest Rain Forward free gaza freedom of press palestinian style future martyr Gary Spedding gaza Gaza Platform George Galloway George Soros German Jewry gideon levy gilad shalit gisha Goldstone Report Good news Grapel Guardian gunness Haaretz Hadassah hamas Hamas war crimes hasbara Hasby 2014 Hasby 2016 Hasby 2018 Hebron helen thomas hezbollah history Hizballah Holocaust Holocaust denial honor killing HRW Human Rights Humanitarian crisis humor huor Hypocrisy ICRC IDF Ilan Pappe impossible peace incitement Indonesia international law intransigence iran Iraq Islamic Judeophobia Islamism Israel Loves America Israeli culture Israeli high-tech J Street jabalya jeremy bowen Jerusalem jewish fiction Jewish Voice for Peace jihad jimmy carter John Kerry jokes jonathan cook Jordan Joseph Massad Juan Cole Judaism Judea-Samaria Judean Rose Kairos Karl Vick Keith Ellison ken roth khalid amayreh Khaybar Lebanon leftists Linda Sarsour Linkdump lumish mahmoud zahar Malaysia max blumenthal Mazen Adi McGraw-Hill media bias Methodist Michael Ross Miftah moderate Islam Mohammed Assaf Mondoweiss moonbats Morocco Mudar Zahran music Muslim Brotherhood Nakba Nation of Islam Natural gas Nazi News nftp NGO NIF Noah Phillips norpac NYT Occupation offbeat Omar Barghouti Only in Israel Opinion oxfam PA corruption PalArab lies Palestine Papers pallywood pchr PCUSA Peace Now Peter Beinart Petra MB poetry Poland poll Poster Preoccupied Prisoners propaganda Proud to be Zionist Puar Purim purimshpiel Putin Qaradawi Qassam calendar Quora Rafah Ray Hanania real liberals reference Richard Falk Richard Silverstein Right of return Robert Werdine rogel alpher roger cohen roger waters Rutgers Saeb Erekat Saudi Arabia saudi vice self-death self-death palestinians sex crimes SFSU shechita sheikh tamimi Shujaiyeh Simchat Torah Simona Sharoni SodaStream South Africa Speech stamps Superman Syria Tarabin Temple Mount Terrorism This is Zionism Thomas Friedman TOI Trump Tunisia Turkey UCI UK UN UNDP unesco unhrc UNICEF United Arab Emirates Unity unrwa UNRWA hate unrwa reports UNRWA-USA unwra Varda Vic Rosenthal Washington wikileaks work accident X-washing Y. Ben-David Yemen YMikarov zahran Ziesel zionist attack zoo Zvi

Blog Archive