REPORT ON ISRAELI SETTLEMENT IN THE OCCUPIED TERRITORIES A Bimonthly Publication of the Foundation for Middle East Peac e Volum e 19 N umber 3 May-June 2009 SETTLEMENT FREEZE REDUX* By Geoffrey Aronson settlements, the idea still has merit. “If there is procrastination by Israel But achieving the goal of peace and Israel’s ever-expanding network on the two-state solution or there is no security for both Israelis and Pale- of civilian settlements in the occu - stinians requires a strategy rooted pied territories is viewed by its par - clear American vision for how this is in historical experience and the tisans and opponents alike as the going to play out in 2009, then all the vital requirements of both peoples. most significant obstacle to the tremendous credibility that Obama has A settlement freeze falls short of creation of a viable, sovereign Pale- worldwide and in this region will evap - this standard. Settlement evacua - stinian state. Palestinian Authority orate overnight if nothing comes out in tion, not a freeze, is a more credi - chairman Mahmoud Abbas is con - May.” ble and necessary objective, more ditioning a renewal of discussions closely attuned to the essential King Abdullah of Jordan, with Israel on an Israeli commit - long-term interests of both parties The Times , May 11, 2009 ment to freeze all settlement, echo - and firmly rooted in past Israeli ing a demand originally made in practice, most recently in Gaza. 1992 during the pre-Oslo Wash- Placing a freeze at the center of a ington talks. U.S. diplomacy. More often than not, U.S. diplomatic effort that calls for con - “We consider settlements to be a attempts to establish a freeze resulted in fidence-building measures from all par - central issue,” explained Palestinian del - U.S. support for settlement expansion, ties invites failure, and risks eroding the egation leader Haidar Abdel Shafi in a most notably the Clinton administra - credibility of a much-anticipated U.S. January 1992 memorandum, “and if tion’s endorsement of the “natural effort to end the conflict. The only con - there is no cessation of the settlement growth” of settlements. text in which a freeze could be imple - process, that practically means there is Settlements must be evacuated as mented is as a consequence of an Israeli no peace process.” part of a final status plan that establish - decision to remove settlements and the An Israeli commitment to a settle - es Palestinian sovereignty and enhances Israeli army from occupied territory. ment moratorium is viewed by propo - Israeli security, but to do so will require The history of the last 40 years suggests nents as a necessary demonstration of a degree of commitment—not to a that if Israel makes such a momentous good faith toward a diplomatic process freeze in settlements but to their decision, freezing settlements becomes leading to an end to occupation and the removal—that neither Israel nor the moot. creation of secure and recognized international community has yet been A Settlement Freeze Is Far More boundaries for two states—Israel and able or willing to muster. than a Confidence-Building Measure Palestine. Yet, for more than three The administration of President decades, on again off again promotion Barack Obama is considering resurrect - A cessation of settlement requires of a settlement freeze by the U.S. has ing the freeze idea as a key element of Israel to repudiate the linkage between failed to slow settlement expansion, its policy. Israeli prime minister Benja- settlement, security, and sovereignty that thereby undermining the credibility of min Netanyahu has signaled his opposi - is at the heart of its defense and settle - tion, noting that, “if Israelis cannot ment doctrine in the occupied territo - *Portions of this article first appeared in “The build houses in the West Bank, Pale- ries. Neither Israelis or Palestinians see Israeli-Palestinian Roadmap: What a Settlement stinians do not need to build either.” an Israeli implementation of a freeze as Freeze Means and Why it Matters,” International U.S. officials believe that despite the Crisis Group, Middle East Report N°16, July 25, 2003. failure of all previous attempts to freeze SETTLEMENT , continued on page 6 TO OUR READERS FOUNDATION FOR MIDDLE EAST PEACE There are clear signs that President American-Israeli alliance and the U.S. Barack Obama and his team are creating a commitment to Israel’s security should be Merle Thorpe, Jr. new “made in America” policy toward the used to help Israel and Palestine overcome Founder Israeli-Palestinian conflict. The shape of their dysfunctional politics and make peace, (1917–1994) the new policy is yet to emerge, but it will not as a blank check for any Israeli policy. give greater weight to U.S. national security Today, Israel’s character and security as a Philip C. Wilcox, Jr. interests and be less deferential to the needs Jewish and democratic state, as well as its President of the Israeli government. A new peace ini - traditional alliance with the United States, Geoffrey Aronson tiative is most likely to succeed if it offers are threatened in the long run by Israel’s Director, Research and a broad new American vision of peace continuing policy of occupation and settle - Publications, Editor, Report on between Israel and Palestine and in the rest ment of Palestinian territory. The United Israeli Settlement in the Occupied of the region. It should focus on the end- States, as Israel’s closest friend, should Territories game of two states that meets the interde - explain these painful realities. Alliances Nitzan Goldberger pendent needs of security for Israel and endure over time only if the interests of the Waseem Mardini freedom for Palestine. It should include partners are mutual. The “shared values” Editorial Assistants specific recommendations for resolving the that underlie the U.S.-Israeli alliance will hard issues of settlements, borders, Jerusa- become a hollow phrase if Israel cannot Morgan Aronson Intern lem, refugees, and security. untangle itself from its forty-two-year Such a new policy will require a more adventure in occupation and settlement. TRUSTEES honest relationship between Israel and the United States to replace the comfortable Landrum R. Bolling evasions and avoidance of tough decisions Calvin H. Cobb, Jr. used in the past to avoid tensions. The James J. Cromwell Peter Gubser N —————— —————— Stephen Hartwell Richard S.T. Marsh Richard W. Murphy A military court has ruled in favor of a settler from Kedumim who12 Jean C. Newsom years ago, with the encouragement of the local council, took control of a Gail Pressberg plot of land owned by a Palestinian. Over the years, he planted a few trees William B. Quandt and held classes at the site, which is outside the settlement. In 2007, the set - Nicholas A. Veliotes tler fenced in the area and planted it more intensively. Palestinians from the nearby village of Qaddum opposed the land grab, The Foundation, a non- arguing that they had planted the area for many years until being denied profit I.R.C. 501(c)(3) access to it. organization, supports peace The civil administration responded to their complaint by issuing an and security for Israelis and evacuation order against the settler based on the recommendation of the Palestinians through mutual recognition and a negotiated Sasson report, which Prime Minister Ariel Sharon had commissioned to division of historic Pales- examine outposts. The report’s findings resulted in a 2007 order forbidding tine. It publishes the bi- cultivation of private Palestinian property by West Bank settlers. (On the monthly Report on Israeli Sasson report, see Settlement Report , March–April 2005.) Settlement in the Occupied Territories . Citing Ottoman law, however, the military court ruled that if the settler Copyright © 2009 had cultivated the land for at least three years before the civil administra - tion issued its order, he could not be removed. The court also criticized the Sign up to receive the original order from the civil administration because it applied only to Jews. Report by e-mail, to be The ruling makes it easier for settlers to claim rights over private notified of events in Washington, D.C., and Palestinian land. more. Visit us at Ha’aretz , April 3, 2009 www.fmep.org. 2 O Report on Israeli Settlement May-June 2009 FROM MITCHELL TO ANNAPOLIS AND BEYOND: THOUGHTS ON THE AMERICAN ROLE IN PALESTINIAN-ISRAELI PEACEMAKING The following are excerpts from remarks of Frederic C. Hof, chief government. I am painfully aware that Hamas has a vote of staff of the Mitchell Committee and currently a deputy to in this matter and it may choose for reasons of its own to fol - George Mitchell, special envoy for Middle East Peace, at The low a course designed to torpedo negotiations, defeat Fatah Palestine Center of the Jerusalem Fund, on March 20, 2008. and prolong the agony. What then is to be done? . What I believe as an American is that we must act as My personal belief is that a determined, disciplined if the two state option is alive until it becomes crystal clear American effort to help implement the [Mitchell] fact-find - that it is dead. To bring it about, however, we need to involve ing committee recommendations [in 2001] might have ourselves much more seriously and diligently than we have averted a disastrous worsening of the violence and might heretofore. have helped put the parties on the path to renewed negotia - If the administration desires a written agreement to be tions. It would have required banging heads together in produced by [the end of 2008] in spite of ongoing conflict order to produce a tightly choreographed timing and sequenc - and chaos, I think serious consideration should be given to ing scheme: party A will do this by such and such a date and proceeding on the basis of an American text.