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Comment and Opinion

Michael Herzog – 21/09/2011

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“A UN resolution endorsing maximalist Palestinian positions on the core issues, such as on borders and refugees, could close the door on negotiations for a long time. The Palestinians will find it hard to compromise on such internationally endorsed positions and Israelis will find it hard to negotiate under one-sided terms of reference which predetermine the final agreement.

Then, there is the question of what happens the day after a resolution. A UN declaration will not produce a Palestinian state on the ground – the Palestinian Authority (PA) does not even control Gaza. This can only come about as a result of negotiations, as they well know. Instead it will give them new legal and political tools to fight Israel.

Statehood brings inherent rights and powers, but also responsibilities. Even if the Palestinians achieve only the status of non-member state at the UN, they could gain standing in UN-affiliated bodies such as the International Criminal Court (ICC). Palestinian president Mahmoud Abbas has signalled an intention to use such forums to confront Israel.

Once the international community recognises Palestinian statehood, the ICC can decide it has jurisdiction over the Palestinian request, filed in 2009, to investigate Israeli ‘war crimes’. This will open the door to countless attempts to bring politically motivated charges against Israel. Such legal confrontations will provide a constant distraction from the attempt to restart the peace process and create an atmosphere inimical to a negotiated solution.”

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