Tuesday, October 8, 2024

A Ceasefire Is Just the Start. Here’s How to End the Israeli-Palestinian Conflict Once and for All

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One year on from the appalling, unjustifiable Oct. 7 Hamas attacks and Israel’s ongoing, disproportionate military assault and atrocities in Gaza, the whole Middle East is on the brink of a catastrophic regional war.

The most urgent priorities are to secure a full and immediate ceasefire in Gaza and Lebanon, wider de-escalation by Israel and Iran, and the release of all remaining hostages held by Hamas as well as arbitrarily detained Palestinian prisoners.

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But beyond this, bold, principled actions, and long-view leadership are needed to bring a permanent end to the Israeli-Palestinian conflict that has raged for over 75 years and remains at the heart of regional tensions and instability. The best way to achieve this is still a two-state solution based on self-determination, sovereignty, and security for both peoples.

We write this appeal as former Presidents who have witnessed the suffering caused by terrorism and state violence, but also the courageous steps taken by the people of Colombia and Northern Ireland toward peace and reconciliation. The Elders, of which we are members, have published a set of Guiding Principles that we believe should underpin the pathway toward sustainable peace between Israelis and Palestinians.

The starting point on this pathway must be a clear-eyed recognition of the status quo that existed long before the atrocities of Oct. 7, and persists today.

An honest assessment

The State of Israel continues to pursue an unlawful, permanent occupation and annexation of Palestinian territory, based on expansion of illegal settlements, systemic discrimination, and the subjugation of one people by another. The International Court of Justice (ICJ) has ruled that Israel is also violating its international obligations on racial segregation and apartheid. These policies are underpinned by a refusal to acknowledge the Palestinian people’s right to self-determination, illustrated most recently by the Knesset’s vote in July for a resolution rejecting the establishment of a Palestinian state.

Even if tolerated by some states for too long, this deeply unjust, unlawful situation will never be accepted by the global community of nations. Instead, it will increase violent conflict and support for armed resistance, and fuel grievances and extremism on both sides.

Read More: The West Is Losing the Global South Over Gaza

A sovereign, independent State of Palestine alongside the State of Israel, with borders along pre-1967 lines, remains the internationally agreed way forward. This solution has lost popular support among both Israelis and Palestinians in the three decades since the Oslo Accords due to the deepening occupation and conflict, and above all a lack of political leadership. But there is no better alternative.

To make tangible progress, a significant gear change by the international community is required. This is not an issue that can be left to the conflict parties. Three areas especially are critical in this endeavour.

A roadmap toward lasting peace

Firstly, mutual security and sovereignty for both peoples should be central to the international community’s approach. Future peaceful relations between Israelis and Palestinians depends on recognition of each other’s sovereignty. A lasting political solution will need to guarantee the security of the State of Israel alongside the security of a fully sovereign State of Palestine.

Both states must be able to exercise full security control over their respective territories and borders, with a monopoly over the legal use of force. All non-state armed groups and civilian militias will need to disarm or be disarmed, bringing an end to unlawful attacks against civilians by Palestinian armed groups as well as by violent Israeli settlers.

The ICJ has ruled that Israel is obliged to end its unlawful presence in the Occupied Palestinian Territory (OPT) as rapidly as possible. There can be no “occupation-light” through continued Israeli security control over Palestinian territory.

Security assurances provided by countries in the region and the wider international community, especially during a short transition phase following the end of hostilities in Gaza, will need to respond to the legitimate security concerns of both Palestinians and Israelis.  

But the security of Palestinians and Israelis must also be given equal weighting. For too long, the security of the occupying power, Israel, has been prioritized over the security of Palestinians. This has been obvious in the continuous flow of U.S. arms to Israel, even as it continues to violate international law. The Biden Administration in August advanced plans for a further sale of $20 billion worth of weapons. But the U.S. alongside all states should suspend arms transfers to Israel, a crucial form of leverage. The sale and transfer of arms in this context, especially offensive weapons not required for legitimate self-defense, signals there are no red lines when it comes to Israel’s actions.

Secondly, steps should be taken now to realize Palestinian self-determination and statehood, starting with recognition of the State of Palestine and full U.N. membership to ensure parity with Israel. We urge the minority of U.N. member states who have not yet recognized Palestine to take this crucial step now.

These steps should not be linked to negotiations between the conflict parties. Israel does not have the right to veto Palestinian self-determination or statehood. Nor should they be conditional on internal governance reforms: how a country is governed is separate from statehood itself.  

Whatever form they may take, we believe future governance arrangements in Gaza should support the Palestinian people’s right to self-determination, based on international law. Israel’s blockade and siege of Gaza since 2007 must end completely. And the goal of a single, unified Palestinian government that oversees Gaza, the West Bank, and East Jerusalem should be supported by all Palestinian factions, including Hamas.

Sustainable peace will require genuine reconciliation between the Palestinian factions, under the umbrella of a revitalized Palestine Liberation Organization as the sole legitimate representative of Palestinians. Hamas cannot continue its unlawful attacks against Israeli civilians, which amount to atrocity crimes and undermine the legitimate Palestinian cause. As part of the urgently-needed steps to de-escalate the wider regional conflict, Iran has a particular responsibility to use its leverage over Hamas to commit to a political pathway.

Thirdly, respect for international law and gender equality must underpin all diplomatic efforts to resolve the conflict and be applied consistently by all states.

For the past year, the war in Gaza has seen a lack of respect for the fundamental principles of protection of civilians and civilian facilities, and the principle of proportionality in armed conflict. The international community is showing a dangerous complacency about the level of violations being perpetrated by Israeli forces and Jewish settlers against Palestinians in the West Bank and East Jerusalem, as Israel continues to annex large parts of the OPT. The Biden Administration has taken an important step by initiating sanctions against extremist settlers in the West Bank, as have other governments. Sanctions should be extended to those in the Israeli government pursuing annexation.

All international actors, particularly the five permanent members of the U.N Security Council, have a shared responsibility to respect all relevant resolutions and decisions of the ICJ and International Criminal Court (ICC). ICC Chief Prosecutor Karim Khan’s decision to apply for arrest warrants for leaders of Israel and Hamas are a principled, even-handed approach in pursuit of accountability and justice for atrocity crimes. The U.S. and others must stop denigrating the decisions of these courts; they also undermine international law and bring accusations of double standards.

U.N. member states must take seriously the legal consequences of the ICJ’s granting of Provisional Measures to protect the Palestinian people from a plausible risk of genocide, and its Advisory Opinion on Israel’s policies and practices in the OPT. States must ensure they are not complicit in potential acts of genocide in Gaza, or in Israel’s violations of its obligations on racial segregation and apartheid.

As set out by the ICJ and the U.N. General Assembly resolution giving effect to it, they must also ensure their economic and trade relations with Israel do not help maintain or entrench its unlawful occupation and presence in the OPT. Member states should cease any assistance to or trade with illegal settlements, and sanctions should also target financial flows to entities which are funding and constructing them.

Getting Israelis and Palestinians on board

We need innovative ideas on how a two-state solution could be made to work, and regain the popular support among Israelis and Palestinians that it had in the past—particularly by convincing people on both sides that it is the only sustainable way to end the conflict. Such ideas do exist.

All of this requires bold, principled leadership by political leaders commensurate with the daunting challenge ahead. As former heads of state, we know that the darkest hour is often just before dawn. The toll of human suffering that we have all witnessed over the past year compels us to urge all those in positions of influence not to settle for half measures or the status quo.

End this conflict once and for all.



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