Monday, January 13, 2014

In 2008, Abbas Approved A Law That Prevents Him From Making Peace With Israel (Does Kerry Know?)

Writing for the Jerusalem Center for Public Affairs, Jonathan D. Halevi notes that Abbas Denies His Authority to Make Cardinal Decisions for a Lasting Peace Agreement.

Here is the executive summary of the article:
  • Mahmoud Abbas is not a serious partner for negotiating with Israel because he does not have the authority to make decisions for the Palestinian people. His rejection of any authority to make historic decisions regarding a political compromise closes the door to any stable, lasting solution for two states living in peace next to each other.

  • Abbas outlined his positions on January 10, 2014, at a meeting in Ramallah, where he demanded full sovereignty in all the territory conquered by Israel from the Kingdom of Jordan and Egypt in the defensive war it fought in 1967 ("the '67 lands"), and especially in the area called "eastern Jerusalem," which includes the Old City, the Temple Mount, the Jewish Quarter, the Western Wall, and other Jewish historical sites. Without an Israeli withdrawal from eastern Jerusalem and all the Jewish holy sites located there, in the eyes of Abbas, there is no Palestinian leader who has the authority to sign a political agreement with Israel.

  • Abbas has a similar attitude regarding what the Palestinians call "the right of return," which Abbas claims is the "personal right" of every refugee and his descendants for all generations, and that no Palestinian institutions have any authority to decide on this right in place of the individual. With this claim, Abbas is undermining a basic assumption of Israel and the U.S. regarding the political negotiations, according to which he can represent the Palestinian people on the issues at the heart of the conflict and make historic decisions in their name.

  • Abbas' words express a clear message that the Palestinians see the negotiations as simply a tool to achieve Palestinian rights according to the Palestinian viewpoint, and they are not seeking a way to compromise with Israel on essential issues. The Palestinian approach is one of "a peace based on justice" as compared with the Israeli approach of "a peace based on compromise."

  • The Palestinian strategy has been revealed in full. The current political negotiations, or any future negotiations, cannot bring about a signed, stable, and lasting political agreement that will bring an end to the conflict and all claims. The first Palestinian objective in their order of priorities is to receive full sovereignty on the territory of 1967 - while leaving the conflict wide open.
In the article, Halevi points to the "Law of the Right of Return of the Palestinian Refugees" approved by Abbas himself in 2008 in his roles both as chairman of the PLO Executive Committee and as president of the Palestinian National Authority -- and approved by the Palestinian parliament, according to which:
  • Para. 2 – The right of return of the Palestinian refugees to their homes and their property and their receipt of compensation for their suffering is a basic, holy right and is not subject to buying and selling, and is not subject to personal judgment [to make major changes], interpretation, or referendum.
  • Para. 3 – The right of return is a natural right that is personal, collective, civilian, and political, that is transferred from father to son and is not cancelled over time or through the signing of any agreement, and it cannot be cancelled or given up for any reason.
  • Para. 5 – It is forbidden to settle the Palestinian refugees or remove them [from their current places] as an alternative to the right of return.
  • Para. 6 – Anyone who acts in contradiction to this law will be considered as one who has committed serious criminal treason, and will be subject to every criminal and civil punishment that this crime deserves.[emphasis added]
The implications of this law, as Elder of Ziyon writes, is that Under Palestinian law, if Abbas signs a peace agreement with Israel he would be subject to the death penalty.

Yet this is the kind of peace process and the kind of peace partner that John Kerry is blinding pushing Israel into -- while forcing Israel to release terrorists for the privilege of negotiating with a man who on January 15 will begin the 10 year of his 4 year term as president.

John Kerry -- his idea of a peace partner is someone
who is legally prohibited from negotiating peace.
Credit: Wiki Commons

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