A/HRC/16/72
II.
Reviving the direct peace talks
10.
At present, there has been a pause in the peace negotiations between Israel and the
Palestinian Authority and feverish diplomatic efforts are being made to continue
discussions between the parties. These efforts are relevant to the Rapporteur, as the
generally accepted route to the fulfilment of the right of self-determination for the
Palestinian people living under occupation has been to achieve an Israeli withdrawal in
accordance with Security Council resolution 242 (1967) or on the basis of an agreement
between the parties. Whether such negotiations can be effective and legitimate is itself a
much contested question that will not be considered here, nor will the presumed outcome of
establishing an independent Palestinian state in the occupied territories be assessed from the
perspective as to whether the accumulation of facts on the ground has made such an
outcome unattainable as a practical matter. In a recent report to the General Assembly
(A/65/331), the Special Rapporteur put forth the argument that the developments in the
West Bank and East Jerusalem have transformed a de jure framework of occupation into a
de facto condition of annexation. The Rapporteur remains convinced that Israeli
settlements, including related infrastructure roads, buffer zones and the separation wall,
continue to be the single most important obstacle to resuming the peace talks, assuming that
such talks can make constructive contributions to the realization of Palestinian rights, which
is far from self-evident. The Palestinian Authority has repeatedly said that it would not
resume negotiations without an unqualified freeze on settlement expansion, including East
Jerusalem. President Mahmoud Abbas stated: “We want a complete cessation of settlement
construction. We don’t want to be deceived with another moratorium or a half moratorium
or a quarter moratorium. If they want us to talk to the direct talks, the settlements must stop
completely”.8 The chief Palestinian negotiator, Saeb Erekat, made the same avowal: “There
are no compromises over settlement construction … The Israeli government must choose
between peace and settlements, because it can’t combine the two together”.9
11.
Further, the Rapporteur believes that there are grounds for concern with respect to
maintaining the rights of the Palestinian people in relation to the inducements offered to
Israel to extend the partial moratorium on settlement expansion. Since this question is one
of principle, it remains relevant despite the announcement of the Government of the United
States that it will no longer press the Government of Israel to freeze settlement expansion.
It is important to bear in mind that the unlawfulness of the settlements has been confirmed
over and over again by reference to the textual language of article 49(6), of the Fourth
Geneva Convention, by decisions and resolutions of the General Assembly and the Security
Council and by numerous statements on the part of respected world leaders. Therefore,
providing Israel with substantive benefits for temporarily and partially halting an unlawful
activity that infringes on Palestinian prospects for self-determination raises disturbing
issues of principle and precedent. The former American Ambassador to Israel, Daniel
Kurtzer, has referred to such an effort by the United States to renew the negotiations as
designed “to reward Israel for its bad behavior” in the past and present.10 It is also widely
reported that, if Israel accepts the offer, it will never again be asked to impose a moratorium
on settlement expansion in either the West Bank or East Jerusalem. What is most relevant
8
9
10
6
Khaled Abu Toameh, “Abbas: Israel seeking to ‘close door to right of return’”, The Jerusalem Post, 8
November 2011.
Ibid.
“With settlement deal, U.S. will be rewarding Israel's bad behavior”, Washington Post, 21 November
2010. Robert Fisk has phrased an objection in even harsher language: “The current American bribe to
Israel, and the latter’s reluctance to accept it, in return for even a temporary end to the theft of
somebody else’s property would be [normally] regarded as preposterous”. “An American bribe that
stinks of appeasement”, The Independent, 20 November 2010.
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