SUCCESS
                                                          REQUIRES
                                                          CONSEQUENCES
                                                          FOR FAILURE
                                                           
                                                          By
                                                          John V.
                                                          Whitbeck
                                                           
                                                          For
                                                          almost two
                                                          decades, the
                                                          seemingly
                                                          perpetual
                                                          Middle East
                                                          “peace
                                                          process” has
                                                          been like a
                                                          hamster-wheel
                                                          for
                                                          Palestinians
                                                          and a
                                                          merry-go-round
                                                          for Israelis.
                                                          All the
                                                          movement has
                                                          been a form of
                                                          running or
                                                          turning in
                                                          place. Nothing
                                                          ever really
                                                          changes. 
                                                           
                                                          As
                                                          Secretary of
                                                          State John
                                                          Kerry shuttles
                                                          around the
                                                          Middle East,
                                                          ostensibly to
                                                          “kick-start” a
                                                          resumption of
                                                          direct
                                                          Israeli-Palestinian
                                                          negotiations,
                                                          with Israeli
                                                          Prime Minister
                                                          Binyamin
                                                          Netanyahu
                                                          insisting that
                                                          any new
                                                          negotiations
                                                          must be
                                                          “without
                                                          preconditions”
                                                          and
                                                          Palestinian
                                                          President
                                                          Mahmoud Abbas
                                                          insisting,
                                                          among other
                                                          things, that
                                                          any new
                                                          negotiations
                                                          must be
                                                          time-limited,
                                                          it is worth
                                                          recalling a
                                                          prior
                                                          negotiations
                                                          resumption
                                                          ceremony held
                                                          at the White
                                                          House on
                                                          September 2,
                                                          2010.
                                                           
                                                          In
                                                          announcing
                                                          that
                                                          resumption,
                                                          Mr. Kerry’s
                                                          predecessor,
                                                          Hillary Rodham
                                                          Clinton,
                                                          stated that
                                                          that new round
                                                          of
                                                          negotiations
                                                          should be
                                                          "without
                                                          preconditions",
                                                          as Mr.
                                                          Netanyahu had
                                                          insisted, and
                                                          that both Mr.
                                                          Netanyahu and
                                                          Mr. Abbas had
                                                          agreed that
                                                          the
                                                          negotiations
                                                          should be
                                                          subject to a
                                                          one-year time
                                                          limit or
                                                          deadline, as
                                                          Mr. Abbas had
                                                          insisted.
                                                           
                                                          That
                                                          round of
                                                          negotiations
                                                          went nowhere,
                                                          and the
                                                          formally
                                                          announced
                                                          “deadline”
                                                          proved
                                                          meaningless –
                                                          for one clear
                                                          and critical
                                                          reason.
                                                           
                                                          Throughout
                                                          this "peace
                                                          process", all
                                                          deadlines,
                                                          starting with
                                                          the five-year
                                                          deadline for
                                                          achieving a
                                                          permanent
                                                          peace
                                                          agreement set
                                                          in the “Oslo”
                                                          Declaration of
                                                          Principles
                                                          signed almost
                                                          20 years ago,
                                                          have been
                                                          consistently
                                                          and
                                                          predictably
                                                          missed. Such
                                                          failures have
                                                          been
                                                          guaranteed by
                                                          the practical
                                                          reality that,
                                                          for Israel,
                                                          "failure" has
                                                          had no
                                                          consequences
                                                          other than a
                                                          continuation
                                                          of the status
                                                          quo, which,
                                                          for all
                                                          Israeli
                                                          governments,
                                                          has been not
                                                          only tolerable
                                                          but preferable
                                                          to any
                                                          realistically
                                                          realizable
                                                          alternative. 
                                                           
                                                          For
                                                          Israel,
                                                          "failure" has
                                                          always
                                                          constituted
                                                          "success",
                                                          permitting it
                                                          to continue
                                                          confiscating
                                                          Palestinian
                                                          land,
                                                          expanding its
                                                          West Bank
                                                          colonies,
                                                          building more
                                                          Jews-only
                                                          bypass roads
                                                          and generally
                                                          making the
                                                          occupation
                                                          even more
                                                          permanent and
                                                          irreversible.
                                                           
                                                          In
                                                          everyone's
                                                          interests,
                                                          this must
                                                          change. For
                                                          there to be
                                                          any chance of
                                                          true success
                                                          in any new
                                                          round of
                                                          negotiations,
                                                          failure must
                                                          have clear and
                                                          compelling
                                                          consequences
                                                          which Israelis
                                                          would find
                                                          unappealing –
                                                          indeed, at
                                                          least
                                                          initially,
                                                          nightmarish.
                                                           
                                                          In an
                                                          interview
                                                          published on
                                                          November 29,
                                                          2007, in the
                                                          Israeli daily
                                                          Ha'aretz,
                                                          Mr.
                                                          Netanyahu's
                                                          predecessor,
                                                          Ehud Olmert,
                                                          declared, "If
                                                          the day comes
                                                          when the
                                                          two-state
                                                          solution
                                                          collapses, and
                                                          we face a
                                                          South
                                                          African-style
                                                          struggle for
                                                          equal voting
                                                          rights (also
                                                          for the
                                                          Palestinians
                                                          in the
                                                          territories),
                                                          then, as soon
                                                          as that
                                                          happens, the
                                                          State of
                                                          Israel is
                                                          finished."
                                                           
                                                          This
                                                          article
                                                          helpfully
                                                          referred to a
                                                          prior Ha'aretz
                                                          article,
                                                          published on
                                                          March 13,
                                                          2003, in which
                                                          Mr. Olmert had
                                                          expressed the
                                                          same concern
                                                          in the
                                                          following
                                                          terms: "More
                                                          and more
                                                          Palestinians
                                                          are
                                                          uninterested
                                                          in a
                                                          negotiated,
                                                          two-state
                                                          solution,
                                                          because they
                                                          want to change
                                                          the essence of
                                                          the conflict
                                                          from an
                                                          Algerian
                                                          paradigm to a
                                                          South African
                                                          one. From a
                                                          struggle
                                                          against
                                                          'occupation',
                                                          in their
                                                          parlance, to a
                                                          struggle for
                                                          one-man-one-vote.
                                                          That is, of
                                                          course, a much
                                                          cleaner
                                                          struggle, a
                                                          much more
                                                          popular
                                                          struggle – and
                                                          ultimately a
                                                          much more
                                                          powerful one.
                                                          For us, it
                                                          would mean the
                                                          end of the
                                                          Jewish state."
                                                           
                                                          If
                                                          Israeli public
                                                          opinion could
                                                          be brought
                                                          around to
                                                          sharing the
                                                          perception of
                                                          Israel's
                                                          position and
                                                          options
                                                          reflected in
                                                          Mr. Olmert's
                                                          perceptive
                                                          public
                                                          pronouncements,
                                                          the
                                                          Palestinians
                                                          would be
                                                          entering any
                                                          new round of
                                                          direct
                                                          negotiations
                                                          in a position
                                                          of strength,
                                                          intellectually
                                                          and
                                                          psychologically
                                                          difficult
                                                          though it
                                                          would be for
                                                          Palestinians
                                                          to imagine
                                                          such a
                                                          dramatic role
                                                          reversal.
                                                           
                                                          All
                                                          that the
                                                          Palestinian
                                                          leadership
                                                          would need to
                                                          do is to state
                                                          at the time
                                                          that any new
                                                          negotiations
                                                          are launched
                                                          that, if a
                                                          definitive
                                                          peace
                                                          agreement on a
                                                          two-state
                                                          basis has not
                                                          been reached
                                                          and signed
                                                          within one
                                                          year, the
                                                          Palestinian
                                                          people will
                                                          have no choice
                                                          but to seek
                                                          justice and
                                                          freedom
                                                          through
                                                          democracy –
                                                          through full
                                                          rights of
                                                          citizenship in
                                                          a single state
                                                          in all of
                                                          Israel/Palestine,
                                                          free of any
                                                          discrimination
                                                          based on race
                                                          or religion
                                                          and with equal
                                                          rights for all
                                                          who live
                                                          there.
                                                           
                                                          The
                                                          Arab League
                                                          should then
                                                          publicly state
                                                          that the very
                                                          generous Arab
                                                          Peace
                                                          Initiative,
                                                          which, since
                                                          March 2002,
                                                          has offered
                                                          Israel
                                                          permanent
                                                          peace and
                                                          normal
                                                          diplomatic and
                                                          economic
                                                          relations with
                                                          the entire
                                                          Arab world in
                                                          return for
                                                          Israel's
                                                          compliance
                                                          with
                                                          international
                                                          law, remains
                                                          on offer but
                                                          will expire
                                                          and be "off
                                                          the table" if
                                                          a definitive
                                                          Israeli-Palestinian
                                                          peace
                                                          agreement has
                                                          not been
                                                          signed prior
                                                          to this
                                                          one-year
                                                          deadline.
                                                           
                                                          Framing
                                                          the choice
                                                          before
                                                          Israelis with
                                                          such clarity
                                                          would ensure
                                                          that the
                                                          Israeli
                                                          leadership
                                                          would be
                                                          inspired  --
                                                          indeed,
                                                          compelled – to
                                                          make the most
                                                          attractive
                                                          two-state
                                                          offer to the
                                                          Palestinians
                                                          which Israeli
                                                          public opinion
                                                          could
                                                          conceivably
                                                          find
                                                          acceptable. At
                                                          that point –
                                                          but not before
                                                          – serious and
                                                          meaningful
                                                          negotiations
                                                          could begin.
                                                           
                                                          Israel’s
                                                          vast
                                                          colonization
                                                          program may
                                                          already have
                                                          made it too
                                                          late to
                                                          achieve a
                                                          decent
                                                          two-state
                                                          solution (as
                                                          opposed to an
                                                          indecent,
                                                          less-than-a-Bantustan
                                                          one), but a
                                                          decent
                                                          two-state
                                                          solution would
                                                          never have a
                                                          better chance
                                                          of being
                                                          achieved. If
                                                          it is, indeed,
                                                          too late, then
                                                          Israelis,
                                                          Palestinians
                                                          and the world
                                                          will know and
                                                          can thereafter
                                                          focus their
                                                          minds and
                                                          efforts
                                                          constructively
                                                          on the only
                                                          other decent
                                                          alternative.
                                                           
                                                          It is
                                                          even possible
                                                          that, if
                                                          forced to
                                                          focus on the
                                                          prospect of
                                                          living in a
                                                          fully
                                                          democratic
                                                          state with
                                                          equal rights
                                                          for all its
                                                          citizens --
                                                          which, after
                                                          all, is what
                                                          the United
                                                          States and the
                                                          European Union
                                                          hold up, in
                                                          all other
                                                          instances, as
                                                          the ideal form
                                                          of political
                                                          life -- many
                                                          Israelis might
                                                          come to view
                                                          this "threat"
                                                          as less
                                                          nightmarish
                                                          than they
                                                          traditionally
                                                          have.
                                                           
                                                          In
                                                          this context,
                                                          Israelis might
                                                          wish to talk
                                                          with some
                                                          white South
                                                          Africans. The
                                                          transformation
                                                          of South
                                                          Africa's
                                                          racial-supremacist
                                                          ideology and
                                                          political
                                                          system into a
                                                          fully
                                                          democratic one
                                                          has
                                                          transformed
                                                          them,
                                                          personally,
                                                          from pariahs
                                                          into people
                                                          welcomed
                                                          throughout
                                                          their region
                                                          and the world.
                                                          It has also
                                                          ensured the
                                                          permanence of
                                                          a strong and
                                                          vital white
                                                          presence in
                                                          southern
                                                          Africa in a
                                                          way that
                                                          prolonging the
                                                          flagrant
                                                          injustice of a
racial-supremacist ideology and political system and imposing fragmented
                                                          and dependent
                                                          "independent
                                                          states" on the
                                                          natives could
                                                          never have
                                                          achieved. This
                                                          is not a
                                                          precedent to
                                                          dismiss. It
                                                          could inspire.
                                                           
                                                          Any
                                                          new
                                                          negotiations
                                                          toward ending
                                                          the occupation
                                                          of Palestine
                                                          on a two-state
                                                          basis and
                                                          achieving
                                                          peace with
                                                          some measure
                                                          of justice
                                                          must be
                                                          subject to a
                                                          genuine and
                                                          credible
                                                          “final”
                                                          deadline for
                                                          success and
                                                          must have
                                                          clear and
                                                          unambiguous
                                                          consequences
                                                          for failure.
                                                          Whether the
                                                          future of the
                                                          Holy Land is
                                                          to be based on
                                                          partition into
                                                          two states or
                                                          on full
                                                          democracy in
                                                          one state, a
                                                          definitive
                                                          choice must
                                                          now be made. A
                                                          fraudulent
                                                          "peace
                                                          process"
                                                          designed
                                                          simply to kill
                                                          more time can
                                                          no longer be
                                                          tolerated.
                                                           
                                                          John
                                                          V. Whitbeck is
                                                          an
                                                          international
                                                          lawyer who has
                                                          advised the
                                                          Palestinian
                                                          negotiating
                                                          team in
                                                          negotiations
                                                          with Israel.