Categories: Daniel Serwer

The Security Council speaks, at last

After decades of opposing Israeli settlements in the West Bank, Washington yesterday finally did something about it: it abstained on a UN Security Council resolution fully consistent with US policy. This is being interpreted by some as a “kick in the teeth” to Israel and a sign that President Obama is anti-Semitic.

Give me a break. Obama has provided ample military, economic, political and diplomatic support for Israel, whose Prime Minister Netanyahu has returned the favor with efforts to undermine the President at every turn, including blatant support to his Congressional opposition and to candidate Trump, who is promising that things will be different at the UN after January 20. The fact is US abstentions and vetoes of UNSC resolutions critical of Israel have been much more common under previous presidents than under Obama:

The operational part of UN Security Council resolution 2334 includes this on settlements:

The Security Council…

1. Reaffirms that the establishment by Israel of settlements in the Palestinian territory occupied since 1967, including East Jerusalem, has no legal validity and constitutes a flagrant violation under international law and a major obstacle to the achievement of the two-State solution and a just, lasting and comprehensive peace;

2. Reiterates its demand that Israel immediately and completely cease all settlement activities in the occupied Palestinian territory, including East Jerusalem, and that it fully respect all of its legal obligations in this regard;

3. Underlines that it will not recognize any changes to the 4 June 1967 lines, including with regard to Jerusalem, other than those agreed by the parties through negotiations;

4. Stresses that the cessation of all Israeli settlement activities is essential for salvaging the two-State solution, and calls for affirmative steps to be taken immediately to reverse the negative trends on the ground that are imperiling the two-State solution….

This is blunt language by diplomatic standards, but it is not unfair. What it essentially does is to try to preserve the possibility of a two-state solution by preventing unilateral Israeli occupation of territory that is vital to the formation of a Palestinian state. A UNSC resolution of this sort has substantial support among Americans, especially but not only Democrats:

The resolution also includes this, clearly directed for the most part at the Palestinians:

6. Calls for immediate steps to prevent all acts of violence against civilians, including acts of terror, as well as all acts of provocation and destruction, calls for accountability in this regard, and calls for compliance with obligations under international law for the strengthening of ongoing efforts to combat terrorism, including through existing security coordination, and to clearly condemn all acts of terrorism;

The “stabbing” intifada is not acceptable, in other words.

The Council seems to me to have understood Donald Trump perfectly well: while he promised to be fair to the Palestinians early in his campaign, he has shown no sign since the election of anything but willingness to accommodate the most radical Israeli views, both on Jerusalem and settlements.

This resolution is an attempt to send a strong message to him and to those Israelis who want to ditch the idea of a Palestinian state. Their thinly disguised subterfuge of settlement expansion is being called out for what it is: opposition to the two-solution and imposition by one state of unequal protection of rights for Palestinians.

The immediate impact is unlikely to be salutary. Trump, who got the Egyptians to withdraw the resolution two days ago only to see it reintroduced by others and passed on Friday, will want to do something to show he is Israel’s great white hope. Netanyahu will no doubt tell Trump that the resolution is one more reason to signal strong support for Israel by moving the US embassy to Jerusalem.

I’m not sure that will trigger a third intifada or other dire consequences, as some predict. Arabs have a lot of other things on their minds these days. But it is still the wrong thing to do, as the issue of which capitals are where has always been regarded as a “final status” issue subject to negotiations. That is not true of settlements, which have long been regarded, including by the US, as a violation of international humanitarian law that prejudices the outcome of negotiations.

No end of the Israel/Palestine conflict is on the horizon. But this Security Council resolution is a useful reiteration of norms that Israel is violating. When the time comes for final status negotiations, it will make a difference that the Israeli settlements beyond the 1967 lines, including in Jerusalem, are illegal. They will have to be abandoned or legalized, with proper compensation. Anything less would be unjust and unsustainable.

Daniel Serwer

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Daniel Serwer

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