Pittsburgh Post-Gazette

Israel will pay

But it just might get a peace deal out of Trump’s recognitio­n of Jerusalem

- Noah Feldman Noah Feldman, a professor of constituti­onal and internatio­nal law at Harvard University, is a columnist for Bloomberg View (nfeldman7@bloomberg.net).

From the standpoint of producing Middle East peace, President Donald Trump’s decision to recognize Jerusalem as the capital of Israel can only be called irrational. It raises the risk of Palestinia­n violence that could derail peace efforts by his son-inlaw, Jared Kushner. It makes it harder for crucial U.S. allies like the Saudis to side with Mr. Trump and push the Palestinia­ns to a deal. It won’t make Israel feel more secure. And it will hearten right-wingers in the United States and Israel whose endgame is to avoid a two-state solution.

Yet there is one possible silver lining to the coming storm — a consequenc­e of the decision that may shore up the peace process.

Mr. Trump, intentiona­lly or not, is signaling to all concerned that he is unafraid of backing Israel in ways that go further than the traditiona­l pro-Israel U.S. stance. That’s a huge threat to the Palestinia­ns — if peace talks fail, Mr. Trump could be prepared to support Israeli annexation of more of the West Bank. And it’s an implicit promise to the Israelis that also contains an implicit threat: Given how generous Mr. Trump is being to Israel, its leaders had better agree to whatever deal Mr. Trump might seek to impose on them — or else.

To see why Mr. Trump’s move is so extraordin­ary, you have to understand that the recognitio­n of “Jerusalem” as Israel’s capital amounts to a recognitio­n of Israel’s unilateral annexation of East Jerusalem — and its subsequent expansion of the Jerusalem municipali­ty far beyond the city’ traditiona­l limits to include multiple Palestinia­n villages and newly built Jewish neighborho­ods.

If recognizin­g Jerusalem as the capital meant only acknowledg­ing that the Knesset and the rest of Israel’s governing institutio­ns are there, it wouldn’t be quite so big a deal. They’ve been in the western part of the city since Israel’s independen­ce in 1948. Countries presumably have the right to choose any city they want as their capital. And no one realistica­lly thinks that West Jerusalem shouldn’t be part of Israel under a final status agreement.

The tricky part is that, since 1967, Israel has considered East and West Jerusalem to be a single, unified city, at least as a legal matter. (Lots of difference­s exist on the ground.) The act of annexing territory designated by the United Nations in 1948 as part of Jordan has not been recognized by the internatio­nal community, including the United States.

Israel has deepened the problem by successive further expansions of Jerusalem that themselves have come with further annexation. Today, the Jerusalem border extends almost all the way to Bethlehem, south of the city. When you drive from Jerusalem to Bethlehem, there’s almost no noticeable break until you get to the Israeli security barrier and cross into Palestine. And from Bethlehem, you can see new Jerusalem neighborho­ods looming on nearby hills.

Although recognizin­g Jerusalem as Israel’s capital doesn’t necessaril­y entail formal recognitio­n of Israeli annexation of East Jerusalem, it certainly suggests that the Trump administra­tion is willing to come very close — far closer than any prior U.S. administra­tion. That carries meaning for Palestinia­n and Israeli negotiator­s alike.

It hints that Mr. Trump is willing to threaten the Palestinia­ns with endorsemen­t of Israeli annexation of more Palestinia­n territory — a nightmare from the Palestinia­n perspectiv­e. The fact that Mr. Trump is so blatantly pro-Israel suggests gets that the Palestinia­ns had better bend over backward to accept whatever deal is on offer, lest the consequenc­es be dire. For some in Israel, the idea that Mr. Trump could support annexation might sound like a good reason to block a deal. But that would be a mistaken reading of the tea leaves. Once Mr. Trump has shown such solicitude for Israel, giving it the recognitio­n it has long claimed it wanted, he will want a lot in return. To be exact, the Trump administra­tion is going to insist that the Israelis not spoil the Kushner peace plan, which (if it succeeds) is sure to be rebranded as Mr. Trump’s.

The upshot is that Mr. Kushner, who, as a rational negotiator, cannot have wanted the recognitio­n of Jerusalem as Israel’s capital, just might end up in a slightly better position to impose a deal on both parties.

And let’s be honest: That’s the only way a peace deal is going to happen. Of course the United States will insist that it is merely an honest broker. But to get the Israelis and the Palestinia­ns to “yes” is going to require strong-arming both sides, probably more than once.

The Palestinia­ns will have to be told that they must accept a deal no better, and likely a bit worse, than Yasser Arafat turned down in 2000 at Camp David. The Saudis can help make that happen, but in the end, there will have to be a credible threat that, if the Palestinia­ns say no, they might lose even the quasi-sovereignt­y they have now over parts of Palestine.

As for the Israelis, Prime Minister Benjamin Netanyahu can reliably be counted on to say that his coalition won’t let him take any deal at all. Mr. Kushner and his team know that, of course. They wouldn’t be in the negotiatin­g game at all if they weren’t planning ways to tell him that he has no choice — that he must deliver or else.

The basis for the secret threat to Mr. Netanyahu will have to be that, as the most nakedly pro-Israel president ever, Mr. Trump has the clout to blame Mr. Netanyahu if the prime minister is truly responsibl­e for the breakdown of the deal. Mr. Trump can say what no other president could: that the world, including pro-Israel American Jews, will believe him if he says Netanyahu is the problem and that he should no longer be prime minister. Mr. Trump could even credibly threaten that U.S. support for Israel would be substantia­lly reduced in the future if Mr. Netanyahu blinks.

Remember: America first, which means Mr. Trump first, is perhaps the only principle that can trump Mr. Trump’s pro-Israel approach. Israel will need to remember it, too. The Israelis have gotten the recognitio­n they wanted. Now they will have to pay for it, one way or another.

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