Friday, May 6, 2011

The rights of Israel



Israel's "lawfare" against the Palestinian people is rooted in a ficticious narrative of having a "right" to exist.

Joseph Massad
Al-Jazeera

"The Israeli-Palestinian negotiations, now entering their twentieth year had been hailed from the start as historic, having inaugurated a "peace process" that would resolve what is commonly referred to as the "Palestinian-Israeli conflict". For the Palestinians and the international community, represented by the United Nations and the myriad resolutions its Security Council and General Assembly issued since 1948, what was to be negotiated were the colonisation of land, the occupation of territory and population, and the laws that stipulate ethnic and religious discrimination in Israel, which, among other things, bar Palestinian refugees from returning to their land and confiscate their property. In their struggle against these Israeli practises, Palestinian leaders, whether in Israel, the Occupied Territories, or the diaspora, have always invoked these rights based on international law and UN resolutions, which Israel has consistently refused to implement or abide by since 1948. Thus for the Palestinians, armed by the UN and international law, the negotiations were precisely aimed to end colonisation, occupation, and discrimination.

On the other hand, one of the strongest and persistent arguments that the Zionist movement and Israel have deployed since 1948 in defence of the establishment of Israel and its subsequent policies is the invocation of the rights of Israel, which are not based on international law or UN resolutions. This is a crucial distinction to be made between the Palestinian and Israeli claims to possession of "rights." While the Palestinians invoke rights that are internationally recognised, Israel invokes rights that are solely recognised at the national level by the Israeli state itself. For Zionism, this was a novel mode of argumentation as, in deploying it, Israel invokes not only juridical principles but also moral ones.....

What Israel has been negotiating over with the Palestinians is the form, the terms, and the extent to which Palestinians must recognise its rights without equivocation. It is this reality that has characterised the last two decades of negotiations with the Palestinians. Negotiations will never restore the internationally-recognised rights of the Palestinians; on the contrary, the negotiations that the Palestinians entered with Israel two decades ago are ones wherein one party, the Palestinians, must surrender all their internationally recognised rights and recognise instead Israel's self-arrogated rights, which are not recognised by international law or any other country for that matter. Sixty-three years after the establishment of the Jewish settler-colony, this Palestinian act will not only lend the first international legitimacy to Israeli claims, it will constitute in effect nothing less than the first international recognition of Israel's self-arrogated rights. Israel need give up nothing in return."

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