On the "One State Solution" to the Israel-Palestine Conflict

Since the Oslo Accords of 1993 and 1995 initiated what has become known as the "Oslo Process", the recognised vision of how to resolve the longstanding violent conflict between the state of Israel and Palestinian representatives, organisations and people have been the so-called  Two State Solution, where the state of Israel is to mostly withdraw to its original 1947 borders, and a state of Palestine reign over the remaining territory of what used to be the British colonial "protectorate" of Palestine. This resulted in the creation of the Palestinian Authority reign over the Westbank and Gaza territories, pending final negotiations about nation state borders, which have never so far taken place. In the meantime Israeli seizure of Palestinian property and land, and colonial settlements in occupied territory have continued, as have violent rhetoric and activities both within the Palestinian territories (since the militant islamist Hamas movement seized power over Gaza and effectively put a stop to democracy there), and between the Israeli army and various militias and activists from the Palestinian side. Of course, mostly with the result of massive domination and show of force from the Israeli side, to the repeated disbenefit of people living in the areas, especially the blockaded Gaza strip. Very recently, some initiatives from Hamas has signaled attempts to overcome the infighting with the Palestinian Authority, but so far with no notable political result. Even more recently, US president Donald Trump stumbled into the conflict in the rogue elephant manner he has made himself known for and designated Jerusalem from now on to be the recognised capital of Israel, albeit the US (or the UN) does not recognise the territory where Jerusalem is located as part of Israeli territory, but as occupied land. Not surprisingly, this gave rise to a new wave of violence from military, militants and activists on both sides. The idea of the two state solution seems less politically realistic than it has ever done.

Against this background, a number of debaters have suggested an alternative idea, The One State Solution, which to a lot of people makes a lot more sense than the fiasco and resulting mayhem that has been going on since the creation of the state of Israel in 1947. This idea, simply put, is that all of the territory currently contested is made into one single state, that this state is made ethnically unaligned (abolishing ideas about a Jewish or Palestinian homeland), democratic, and secular, and that a deal is struck on the question of how people in various forms of exile may return (or not return) to the area to settle. One idea would here be to allow Palestinians housed in refugee camps, e.g., in Syria and Lebanon, since generations a "law of return", just as the present state of Israel allows a "law of return" for Jews who can prove appropriate lineage. Another notion is to stop the current Israeli practice, and to instate normal migration laws based on ethnically and religiously neutral criteria. All who discuss this idea recognise that no such deal will be satisfying chauvinists and extremists on either side, as it means abolishing the notions of a "Jewish", a "Muslim" or "Islamic", a "Palestinian", an "Arab", etc. state. Nevertheless, having one state, with one administration, one judicial apparatus, one police force and one military, will be in a better position to control such elements than in the current state of a nasty mix of virtual anarchy and martial law, where extremist on both sides continue to perpetuate a state of chaos and violence to no benefit for most people on either side. Some examples of proponents and critics of this idea can be found here, here, here, here.

However, the practical way towards a one state solution is making a lot of people uneasy, as it necessitates breaking with some cherished ideas and longstanding practical solutions. The most obvious way to instigate the one state solution is for the current state of Israel to simply annex the territory it presently illegally occupies; the West Bank, Gaza and Jerusalem. Thereby, these areas are declared to be parts of the state of Israel, its settlers are recognised as Israeli citizens, with the same rights and obligations as any other current Israeli citizen. Those who want to hold on to ethnic or religious chauvinist political ideas don't like this, of course. Besides the obvious dissatisfaction from islamist camps (such as Hamas), there is also a lot of Israeli orthodox chauvinists and rightwing politicians, who quite like the present situation of occupation, as it allows the military to rule with martial law style arbitrary discretion. The whole Jewish settlement and land grabbing operation pretty much rests on this situation of (lack of) law enforcement. That, by itself, should be excellent reason for reasonable people to like the one state solution. But also many people of this sort I have talked to hesitate to support the one state road ahead, and I have heard two reasons for this: First, the fear of enlarged interstate military conflict though having surrounding countries interpret the move as hostile and react accordingly. This is an important point, but this risk is present also – if not more – with the current two state debacle. Whatever solution for the Israel-Palestine conflict is reached needs to contain agreements with neighbouring countries in the region that guarantee sustainable, stable and peaceful conditions for all.

The second reason for hesitation is a distrust of the current state of Israel's ability to maintain itself as the kind of democratic, ethnically neutral and secular state, committed to rule of law and equal treatment, that is necessary for the one state solution to function. This reason, in contrast to the first one, is a game changer issue. This since it will force the state of Israel – and its present government – to finally put down its foot with regard to its political identity. With the one state solution, either Israel takes the consequences, and abolishes all notions of ethnic or religious identity as its basis, or it will have to abolish its often held out liberal democratic aura and turn itself into a bona fide apartheid state within its own lawful borders (in contrast to the virtual apartheid currently practiced via the partition into "real" Israel and occupied territories). Likewise, should citizens of Palestinian origin reach political power in the new one state of Israel/Palestine, they will face a similar choice between maintaining the ethnically neutral and secular democratic solution of a one state Israel/Palestine, or pursuing the islamist/Palestinianchauvinist agenda lurking within the notion of this territory "belonging to" a certain "people", thereby promoting their own apartheid solution. That is, the very same basic notion that drives the Jewish chauvinist notion of present day Israel, only with another "people" as the supposedly chosen one. Both, of course, can only lead to genocide, should they prevail.

This, I suggest, is what makes the one state solution both very scary for many people, and at the same time immensely attractive. It is the best solution under ideal conditions, but given the still apparently strong commitment of dominant parties involved to ethnic/religious chauvinism, and the infantile notion of a possibility to "win" over the opposing side, it may seem politically infeasible. At the same time, the alternatives of continued anarchy and war or one or the other version of genocide are hardly more appealing. I'm torn.

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A Brief Note on Palestine's Bid to Join the ICC and Have War Crimes in Occupied Territories Probed

It has been reported recently that the Palestinian Authority (PA) has made a bid to join the Rome Statute and thus recognise and be recognised by the International Criminal Court, and that this move has been recognised and affirmed by the U.N. general secretary, who have stated that the State of Palestine will join ICC by April 1 this year. ICC itself has welcomed this move by the PA as being consistent with the ICC's general striving to make the Rome Statute and the ICC universally recognised as a legitimate international legal institution. As an immediate effect, the ICC has opened a preliminary investigation of war crimes committed in the Israel occupied Palestinian territories since June 13, 2014 – as that is the date from which the PA has accepted ICC jurisdiction in its ratification of the Rome Statute (see also here and here).

As before, Israel and the USA has reacted strongly against this sort of development (see here and here). The basic point of the rhetoric this time is that it is a "tragic irony", that Israel or Israeli forces possibly might be found guilty of war crimes when Israel and Israelis have in the past been victims of terror attacks. As I have commented on similar responses from Israel and USA before, however, this is wholly hollow words. First of all, none of these states have ratified the Rome Statute, and thus do not recognise the ICC in the first place – what is more, both states have actively withdrawn former intentions to recognise the ICC (here, here), thus clearly declaring that they do not, repeat not, belong to this particular club in international politics. But this also means, that they have no say whatsoever on ICC policy - that is the choice you make when not becoming a member. Both the US and Israel could have ratified the Rome Statute, in Israel's case this used to be the intention until 2002, and thus have the court probe whatever terror activity of other states instigated against them. They have however, voluntary chosen not to, so whatever "irony" is present here is of purely Israeli and US manufacture. To this may be added, that these choices most likely were made to able to "get away with" violent actions on foreign (or occupied) soil.

Moreover, this criticism fails to recognise the elementary fact that the PA move will also mean that any action from Palestinian territories towards Israel will be open to prosecution. This aspect has been deliberately blinkered by the Israeli government propaganda before as well. That is, to the extent that there are war crimes being committed towards Israel from PA territory, these are now – thanks to the PA bid to join ICC – possible to prosecute under international law. In other words, Israel cannot validly argue that this expansion of ICC jurisdiction is a one-sided action against Israel. What does remain, of course, is that Israel is unable to demand that ICC prosecutors open investigations into such things, since Israel has actively chosen to stand outside the ICC. But, then again, this situation could be easily remedied if only the Israeli government chose to reverse its past withdrawal and ratify the Rome Statute.

So much for rhetoric and propaganda. But how should the present development be assessed from the standpoint of someone who desires increased stability, peace and justice for the people burdened by the seemingly never ending conflict in this region? My own assessment, for the time being, is this: The bid of the PA to join ICC is a good thing, as it puts pressure on the violent extremists on both sides to temper their actions, and on both states to actively restrict the ability of these groups to keep on to sabotage the peace process – and fuel the support of each other. This will also mean that political movements such as Hamas and its more or less openly aligned violent branches, will have to chose a more moderate political course, or face the force of international justice – this will go for, e.g. the Likud party in Israel and the various religious fundamentalist extreme right wing groups allied with it as well. It is obvious that all of these groups have self-interested reasons to resist the current course of development – much of their support arises out of a reality where violence prevails and both sides can point to each other as the rationale for their own excesses. This also goes for their respective financial bases – the dignitaries of each of these political organisations living comfortably thanks to the prolonged and deepened violent conflict, while the overwhelming majority of people on both sides suffers the consequences. My own hope is that, when spirits have settled down a bit in Israel – as it may do also due the obvious counter-productivity and self-destructiveness of the current policy – its government chooses to join the ICC as well, further strengthening the bonds holding back extremist violence while also restricting its own actions in the occupied territories. That would, indeed, be a wide step forward for anyone interested in sustainable peace and the interests of ordinary people in the region.

The Pathetic Hypocricy of Israel and USA on Palestinian ICC Plans to Probe War Crimes in Gaza

I've touched before on the hypocritical attitude of the USA regarding the activities – or lack of activities – of the International Criminal Court, ICC with regard to international conflicts: here and here. In that case, the conflict in question pertained to Syria. Now, a few days ago, there were news of an official visit of the foreign minister of the Palestinian Authority, Riad al-Malki, to the ICC prosecutor, Fatou Bensouda, where the former urged the ICC to probe alleged war crimes of Israeli soldiers, IDF high officers, state officials and politicians during the recent and ongoing attacks in Gaza, to date resulting in around 2 000 dead, among which are many civilians and children, many more injured and material destruction of vast proportions (here, here, here). 

Related to past Israeli attacks on Gaza, such petitions have ended in nothing, as the ICC have found the legal status of the Palestinian Authority to be uncertain. It has been commented that, in order for the ICC to move on this issue, the PA needs become a member of the ICC, and only states can be such members (here). However, in 2012, the UN general assembly voted with a large majority to recognise the PA as a de facto state, albeit not a UN member (here, here, here). This is now used as a stepping stone by the PA to move for membership of the ICC (see also here) – to sign the Rome statute – thus recognising the court's authority, becoming party to its actions and be bounded by its decisions. To quote a report from Reuters (linked to above): 

If the Palestinians were to sign the ICC's founding treaty, the Rome Statute, the court would have jurisdiction over crimes committed in the Palestinian territories.
With Palestinian authorization, an ICC investigation could then examine events as far back as July 1, 2002, when the court opened with a mandate to try individuals for war crimes, crimes against humanity and genocide.

Of course, what such probes and possible prosecutions against Israelis would lead to is entirely up to the prosecutors and judges of the court. For a number of reasons, one of which is about evidence, it may end up in nothing. However, it must be observed that any such probe might also uncover war crimes committed by the PA or the Hamas-controlled Gaza leadership, their officers, officials, politicians and soldiers. For instance, the rocket-fire of the Hamas military contingent, The Izz ad-Din al-Qassam Brigades, towards Israeli civilian areas may very well constitute such crimes. Crimes such as genocide are namely not defined by the sheer number of victims, but by the intent behind prosecuted actions (here). In other words, by joining the ICC, the PA opens itself up to allegations and convictions and has bounded itself to comply, including the handing over of any Palestinian wanted for questioning or arrest.

Now, this is certainly not the case regarding Israel or its politicians or personnel and neither is it true of the USA. Both these states stand in the proud company of China, Iraq, Libya, Yemen and Qatar not to recognise the ICC and to have refused signing the Rome statute – in fact, USA has even (under G.W Bush) actively withdrawn a previous signature of then US president Bill Clinton (for sources see my former post). Nevertheless, responding to the move of the PA towards ICC, Israeli PM, Benjamin Netanyahu, has officially asked the US to help Israel to avoid ICC actions (see also here and here) and a White House representative has responded that the US will support the Israeli case in this respect. These attitudes of both Israel and the USA are not only hypocritical – if they want to have a say over the ICC, they should join it and recognise it – it is pathetically so. Both of them wants to eat the cake and have it, to get the goods without paying the price.

Exactly how pathetic these moves by the Israels state and the US are is revealed by Netanyahu's stated concern of Israel being held to a "double standard" visavis Hamas. As just described, it is in fact Israel's persistent refusal to join and recognise the ICC which creates a double standard – in Israel's favour. For while the PA moves to join, thus empowering ICC to probe and prosecute actions on its territories and charge and arrest its citizens, Israel is not (and neither is the USA). As long as Israel reserves this (doubtful) legal privilege, it is Netanyahu and the state that he is currently running that actively upholds a double standard towards all those states realising the value and import of solid international law instruments pertaining to war crimes and crimes against humanity and recognising the ICC – among them, should they join, the state of Palestine, represented by the PA.

In conclusion, if Israel and the USA really wants to work for an adequately functioning ICC and secure lack of double standard in its actions, they should both immediately sign the Rome statute and recognise the jurisdiction of the International Criminal Court. Then, there would be some clout behind their present claims.