Kuwait Times

Palestinia­ns: Victims of an unjust US law

- By Dr James J Zogby

Imagine that you are a victim of a violent crime or theft but are forbidden from reporting it because Congress has passed a law that not only prohibits you from reporting the crime, but threatens punishment if you dare to do it. This is the situation in which the Palestinia­ns find themselves today.

The Palestinia­ns have been told that the US government is on the verge of decertifyi­ng their right to maintain an office in Washington because they had the audacity to complain to the Internatio­nal Criminal Court (ICC) about Israel’s land theft and settlement activity in the occupied territorie­s. (The Trump administra­tion on Friday backtracke­d on its decision, instead saying it would merely impose limitation­s on the office that it expected would be lifted after 90 days.)

The story behind this nightmaris­h situation began in 1987 when Congress passed a law prohibitin­g the Palestine Liberation Organizati­on from operating an office in the United States. This legislatio­n which was pushed by AIPAC, the pro-Israel lobby, was designed to ensure that the Palestinia­ns would have no presence or voice in either Washington or at the United Nations. It was an effort to put into law a secret commitment Secretary of State Henry Kissinger had made to the Israelis a decade earlier that the US would not recognize or dialogue with the PLO. The Israelis had insisted on this “no-talk” policy for the simple reason described by Israeli Labor Party leader Yitzhak Rabin: “Whoever agrees to talk to the PLO means he accepts in principle the creation of a Palestinia­n state between Israel and Jordan, and this we can never accept”.

In 1993, after Israel and the PLO signed the Oslo Accords, in which both sides recognized each other’s national rights, Congress met to reassess their 1987 legislatio­n. Instead of doing the right thing and simply canceling it, once again pressed by AIPAC, Congress chose to keep the law in place. The one concession found in new bill gave the President the right to waive the anti-Palestinia­n provision every six months on the condition that the State Department could certify to Congress that the Palestinia­ns were adhering to the provisions of the Oslo Accords.

This legislatio­n, termed the Middle East Peace Facilitati­on Act (MEPFA) imposed a series of requiremen­ts on the Palestinia­ns. Among them were: renouncing the Arab boycott, nullifying the PLO Charter, not opening offices in Jerusalem, ending terrorism, and taking no steps to change the status of Jerusalem, West Bank, or Gaza pending the outcome of negotiatio­ns with the Israelis. Because Congress chose to only impose these conditions on US aid to the Palestinia­ns and their right to operate an office in the US aid, while placing no such requiremen­ts on Israel’s adherence to the terms of Oslo, it was clear from the very beginning of the so-called “Oslo process” that the US could not play the role of “honest broker” in the search for peace.

Impunity

Every six months, Israel’s lobby would raise issue with Palestinia­n compliance, documentin­g alleged Palestinia­n infraction­s and then protesting when the State Department would certify them. All the while, Israel, operating with complete impunity, continued: expanding Jewish-only settlement­s, roads, and infrastruc­ture in the West Bank and what they called “Greater Jerusalem” creating new “facts on the ground”; imposing new humiliatin­g conditions on Palestinia­n life in the occupied lands; and repeatedly violating their obligation­s under Oslo and the followup Cairo and Paris Economic Accords.

While Israel had recourse to go to the US Congress to complain about allegation­s of Palestinia­n non-compliance, the Palestinia­ns could not. Their only recourse was to bring their case to the United Nations where the US would, in the end, veto any and all resolution­s critical of Israel. In this context, I have always found it irritating­ly disingenuo­us when the Israeli side expresses its contempt for what they call the UN’s “automatic majority” for the Palestinia­ns, while refusing to acknowledg­e the “automatic majority” Israel has in the US Congress.

Over the next two decades, the terms of the MEPFA were modified to include a suspension US aid for the Palestinia­ns and decertific­ation of their right to operate in the US if the Palestinia­ns were join any internatio­nal body with the equivalent status of a “member state”; or if they were to receive full member state recognitio­n at the UN; and, more recently, if they were to bring a case against Israel’s violations of internatio­nal law before the Internatio­nal Criminal Court.

When, this fall, Palestinia­n Authority President, Mahmoud Abbas, addressed the United Nations General Assembly he spoke these words: “We have also called on the Internatio­nal Criminal Court, as is our right, to open an investigat­ion and to prosecute Israeli officials”. Abbas specifical­ly cited Israeli settlement activity as the crime, in question. Israel’s settlement policy is, in fact, in violation of internatio­nal law. The Fourth Geneva Convention prohibits an occupying power from both moving its population into “territorie­s occupied in time of war” and dispossess­ing the occupied population of their land and properties.

NOTE: Dr James J Zogby is the President of the Arab American Institute.

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