A/HRC/7/17
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example of the dangers of a peace process between unequals which has no regard to the
normative framework of international law. In its approach to previous peace negotiations, the
Israeli Government has insisted on negotiations being restricted to the agreed framework.43 The
Annapolis joint statement which refers only to the road map suggests that Israel does not see
itself as being bound by the normative framework accepted by the United Nations.
58. In the opinion of the Special Rapporteur negotiations should take place within a normative
framework, with the guiding norms to be found in international law, particularly international
humanitarian law and human rights law, the Advisory Opinion of the International Court of
Justice, and Security Council resolutions. Negotiations on issues such as boundaries, settlements,
East Jerusalem, the return of refugees and the isolation of Gaza should be informed by such
norms and not by political horse-trading. In this respect parties might learn from the experience
of the negotiations that led to a democratic South Africa in the mid-1990s, which took place
within the framework of accepted democratic principles, the rule of law and international law
(with special reference to human rights law).
59. The creation of a Palestinian State will not heal the wounds of 60 years of conflict. If real
peace and security is to be achieved every effort should be made to achieve reconciliation
between Palestinians and Israelis. To do this it will be necessary for both people to address the
events, actions and sufferings of the past. Consideration should therefore be given to the
establishment of a Truth and Reconciliation Commission to hear the stories of the sufferings of
both peoples. Without truth-telling of this kind tensions between Palestinians and Israelis will
remain to threaten peace between the two nations.
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43
http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process.
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