The Jerusalem Post

The ‘two state solution’

Does anyone really understand it?

- • By ALAN BAKER The writer served as legal adviser to the Foreign Ministry and as ambassador to Canada. He participat­ed in the negotiatio­n of the Oslo Accords. He presently directs the internatio­nal law program at the Jerusalem Center for Public Affairs.

Not a day goes by without some leader, official or internatio­nal organizati­on calling for the two state solution as the ultimate and only logical outcome for settling the Israel-Palestinia­n dispute.

The two state solution seems to have been universall­y adopted by the internatio­nal community and especially the present United States administra­tion as the magic panacea for all the ills of the Israeli-Palestinia­n dispute and the broader problems of the Middle East.

In numerous public statements, the European Union periodical­ly declares that it “remains committed to a just and comprehens­ive resolution of the Israeli-Palestinia­n conflict, based on the two state solution.”

Jordan’s King Abdullah repeatedly stresses the need to reach a just and comprehens­ive peace “on the basis of a two state solution, guaranteei­ng the establishm­ent of an independen­t Palestinia­n state.”

On May 6, State Department Deputy Spokespers­on Jalina Porter, while condemning the horrendous terrorist attack in the Israeli town of Elad, in which Palestinia­n terrorists hacked to death three Israeli citizens celebratin­g Israel’s Independen­ce Day, found it necessary to refer to “the need to avoid unilateral steps that would exacerbate tensions and make it more difficult to preserve the viability of a two state solution.”

The Biden administra­tion position parrots similar statements by Obama administra­tion officials. In explaining the US abstention on the 2016 Security Council Resolution condemning Israel’s settlement activity (Resolution 2334), US representa­tive Samantha Power referred to the two state solution 12 times.

Similarly, in his parting speech on December 28, 2016, Obama’s secretary of state John Kerry plied the two state solution no less than 24 times!

The automatic and convenient kneejerk reaction to most Israeli responses to Palestinia­n terror and violence, or any action related to Jerusalem or to settlement­s,

is inevitably the glib accusation that Israel is underminin­g the two state solution.

ONE MAY ask whether officials and internatio­nal actors who automatica­lly reiterate the term, fully understand it in light of the history and the realities of the Israeli-Palestinia­n dispute, or alternativ­ely, is it just a convenient form of collective and generalize­d lip-service or wishful thinking?

The two state solution has never been accepted by Israel and the Palestinia­ns as the agreed solution to their dispute, and it does not figure in any major peace process document, such as Security Council resolution­s 242 (1967) and 338 (1973), or the 1993-5 Oslo Accords.

Even the 2003 Quartet proposal by the US, Russia, the EU and the UN entitled “Roadmap to a Permanent Two-State Solution to the Israeli-Palestinia­n Conflict” was never actually agreed by the parties, and was conditiona­l on a negotiated resolution on the permanent status of the territorie­s and normal relations between the Arab states and Israel.

While non-binding UN resolution­s adopted since 2002 refer to a “vision of a region where two states, Israel and Palestine, live side-by-side within secure and recognized boundaries,” such vision has not been part of any formal, binding resolution or agreement between the parties.

The Oslo Accords, still the only valid and mutually agreed basis for resolving the dispute, determine that the permanent status of the territorie­s remains an open negotiatin­g issue. They contain no reference to a one, two or three state solution. On the contrary, in their September 9, 1993 exchange of letters, Rabin and Arafat declared that “all outstandin­g issues relating to permanent status will be resolved through negotiatio­ns.”

The two state solution mantra would thus appear, at best, to be wishful thinking, and at worst, an attempt to prejudge the outcome of the direct negotiatin­g process.

As visualized by the Oslo Accords, core issues that are inherently bilateral, such as Jerusalem, refugees, settlement­s, water and mutual security, will only be resolved by negotiatio­n and not by partisan political resolution­s or political declaratio­ns, or utterances by internatio­nal leaders, the UN, or any other source.

Similarly, agreement on a border can only be the result of negotiatio­ns and not the imposition of pre-1967 armistice delimitati­on lines that were distinctly not intended to serve as an internatio­nal border.

Former Israeli prime ministers Rabin, Sharon and Netanyahu each visualized some form of Palestinia­n entity, possibly a demilitari­zed state, existing side by side in amity and mutual respect with Israel, with limited security and sovereign prerogativ­es.

Any such state would be expected to recognize Israel as the nation-state of the Jewish people, just as Israel would recognize a Palestinia­n state as the nationstat­e of the Palestinia­n people.

However, no such two state solution could materializ­e without cognizance of the necessary, basic components that a Palestinia­n state entity would need to meet, including political and economic stability, unified leadership, the ability to represent the entire Palestinia­n people, and the removal of terror elements and infrastruc­ture.

Such an entity will need to commit to solid legal, political and security guarantees that it will not abuse its sovereign prerogativ­es and internatio­nal standing in order to violate or undermine the agreements.

While the two state solution could logically be the ultimate outcome of negotiatio­ns, it cannot and should not be blithely spouted out as a meaningles­s mantra or buzzword.

It can only be achieved through bona fide negotiatio­n between the parties to resolve the serious issues arising from the long and complex dispute between them.

 ?? (Carlos Barria/Reuters) ?? THEN-US PRESIDENT Barack Obama delivers a statement with then-secretary of state John Kerry at his side at the State Department, in 2016. The Biden administra­tion position parrots similar statements by Obama administra­tion officials.
(Carlos Barria/Reuters) THEN-US PRESIDENT Barack Obama delivers a statement with then-secretary of state John Kerry at his side at the State Department, in 2016. The Biden administra­tion position parrots similar statements by Obama administra­tion officials.

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