Caroline Glick: Obama and Israel, strike and counter-strike
UN Security Council Resolution 2334 was the first prong of outgoing President Barack Obama’s lame duck campaign against Israel.
US Secretary of State John Kerry’s speech on Wednesday was the second.
On January 15, stage 3 will commence in Paris.
At France’s lame duck President François Hollande’s international conference, the foreign ministers of some 50 states are expected to adopt as their own Kerry’s anti-Israel principles.
The next day it will be Obama’s turn. Obama can be expected to use the occasion of Martin Luther King Jr. Day to present the Palestinian war to annihilate Israel as a natural progression from the American Civil Rights movement that King led 50 years ago.
Finally, sometime between January 17 and 19, Obama intends for the Security Council to reconvene and follow the gang at the Paris conference by adopting Kerry’s positions as a Security Council resolution. That follow-on resolution may also recognize “Palestine” and grant it full membership in the UN.
True, Kerry said the administration will not put forward another Security Council resolution.
But as Prime Minister Benjamin Netanyahu explained in his response to Kerry’s address, there is ample reason to suspect that France or Sweden, or both, will put forth such a resolution. Since the draft will simply be a restatement of Kerry’s speech, Obama will not veto it.
Evelyn Gordon: The UN Vote Mocks the Law
Fast forward to the 1993 Oslo Accord, under which Israel voluntarily gave parts of the West Bank and Gaza to the Palestinians, and you still won’t find any sanctification of the 1949 armistice line. The accord explicitly lists “Jerusalem” and “settlements” as “issues that will be negotiated in the permanent status negotiations,” meaning Israel did not concede its claim to either east Jerusalem or any of the territory on which the settlements sit. This document was formally witnessed by the United States and Russia–two of the countries that blithely voted to abrogate its terms last week.Alan Dershowitz: Kerry's Speech Will Make Peace Harder
The 1995 Interim Agreement transferred additional territory to the Palestinians, but once again designated Jerusalem and the settlements as issues to be negotiated in final-status talks, thereby preserving Israel’s claims to them. This agreement also added several other witnesses, including Egypt and the European Union. Egypt is currently a Security Council member, as are three EU countries: France, Spain and Britain (which voted to leave the EU but hasn’t yet done so). So we’re now up to six Security Council members that voted last week to abrogate agreements they witnessed.
Not coincidentally, Resolution 2334 also treats Israel in a way no other UN member has ever been treated. As Eugene Kontorovich and Penny Grunseid wrote three months ago, the UN has never deemed any other state an “occupying power”–not Turkey in northern Cyprus, not Russia in Georgia or Crimea, not Armenia in Azerbaijan, etc. Yet those countries actually are occupying other countries’ territory. Israel, in contrast, is “occupying” territory that never belonged to any other country (no state of “Palestine” ever existed at any point in human history) and to which it has the strongest claim under international law.
In short, Resolution 2334 violates previous League of Nations and Security Council decisions; it violates signed agreements witnessed by the very states that voted for it; it violates a fundamental principle of all law by setting one standard for Israel and another for the rest of the world. As such, there’s only one possible way for anyone who actually cares about “international law” to treat it–as having “no legal validity” whatsoever.
The primary barrier to the two-state solution remains the Palestinian unwillingness to accept the U.N. resolution of 1947 calling for two states for two peoples -- the Jewish people and the Arab people. This means explicit recognition by Palestinians to accept Israel as the nation state of the Jewish people. Kerry did not sufficiently address this issue.
The most important point Kerry made is that the Obama administration will not unilaterally recognize a Palestinian state, without an agreement between Israel and the Palestinians. He also implied that U.S. will not push for any additional Security Council resolution. Kerry's speech is therefore just that: a speech with little substance and no importance. It will be quickly forgotten along with the many other one-sided condemnations of Israel that litter the historical record.
Kerry would have done a real service to peace if he had pressed the Palestinian leadership to come to the negotiation table as hard as he pressed the Israeli leadership to end settlement expansions. But his one-sided presentation did not move the peace process forward. Let us hope it does not set it back too far. What a missed opportunity -- a tragedy that could have been easily averted by a more balanced approach both at the Security Council and the Kerry speech.
I hope the Trump administration will understand, and act on, the reality that the real barrier to peace is the unwillingness of the Palestinian authority to sit down and negotiate with Israel, with each side making