Sign up now to receive our regular news briefs.

An Open Letter to John Kerry on the Peace Process

November 13, 2013 12:28 pm 3 comments

John Kerry in Israel. Photo: Israel Hayom.

The Hon. James Kerry, U.S. Secretary of State,

The State Department,

Washington D.C.

November 8, 2013

Dear Secretary Kerry,

After listening to you declare repeatedly over the past weeks that “Israel’s settlements are illegitimate”, I respectfully wish to state, unequivocally, that you are mistaken and ill advised, both in law and in fact.

Pursuant to the “Oslo Accords”, and specifically the Israel-Palestinian Interim Agreement (1995), the “issue of settlements” is one of subjects to be negotiated in the permanent status negotiations. President Bill Clinton on behalf of the US, is signatory as witness to that agreement, together with the leaders of the EU, Russia, Egypt, Jordan and Norway.

Your statements serve to not only to prejudge this negotiating issue, but also to undermine the integrity of that agreement, as well as the very negotiations that you so enthusiastically advocate.

Your determination that Israel’s settlements are illegitimate cannot be legally substantiated. The oft-quoted prohibition on transferring population into occupied territory (Art. 49 of the 4th Geneva Convention) was, according to the International Committee Red Cross’s own official commentary of that convention, drafted in 1949 to prevent the forced, mass transfer of populations carried out by the Nazis in the Second World War. It was never intended to apply to Israel’s settlement activity. Attempts by the international community to attribute this article to Israel emanate from clear partisan motives, with which you, and the US are now identifying.

The formal applicability of that convention to the disputed territories cannot be claimed since they were not occupied from a prior, legitimate sovereign power.

The territories cannot be defined as “Palestinian territories” or, as you yourself frequently state, as “Palestine”. No such entity exists, and the whole purpose of the permanent status negotiation is to determine, by agreement, the status of the territory, to which Israel has a legitimate claim, backed by international legal and historic rights. How can you presume to undermine this negotiation?

There is no requirement in any of the signed agreements between Israel and the Palestinians that Israel cease, or freeze settlement activity. The opposite is in fact the case. The above-noted 1995 interim agreement enables each party to plan, zone and build in the areas under its respective control.

Israel’s settlement policy neither prejudices the outcome of the negotiations nor does it involve displacement of local Palestinian residents from their private property.  Israel is indeed duly committed to negotiate the issue of settlements, and thus there is no room for any predetermination by you intended to prejudge the outcome of that negotiation.

By your repeating this ill-advised determination that Israel’s settlements are illegitimate, and by your threatening Israel with a “third Palestinian intifada” and international isolation and delegitimization, you are in fact buying into, and even fueling the Palestinian propaganda narrative, and exerting unfair pressure on Israel. This is equally the case with your insistence on a false and unrealistic time limit to the negotiation.

As such you are taking sides, thereby prejudicing your own personal credibility, as well as that of the US.

With a view to restoring your own and the US’s credibility, and to come with clean hands to the negotiation, you are respectfully requested to publicly and formally retract your determination as to the illegitimate nature of Israel’s settlements and to cease your pressure on Israel.

Respectfully,

Alan Baker, Attorney, Ambassador (ret’),

Former legal counsel of Israel’s Ministry for Foreign Affairs,

Former ambassador of Israel to Canada,

Director, Institute for Contemporary Affairs, Jerusalem Center for Public Affairs,

Director, International Action Division, The Legal Forum for Israel

Copy:

H.E. Daniel B. Shapiro, US Ambassador to Israel,

71 Hayarkon Street

3 Comments

  • I just don’t think that John Kerry is intelligent enough to understand these arguments. Or perhaps he is prejudiced.

  • Kerry does care about legalities and the political rights of Israelis nor their safe future. He is just a naive arrogant person who like Obama knows what is better for Israel than Israel.

    He also knew that Assad was a reformer who could be pulled away from Iran.

    You could publish an encyclopedia with what he Does NOT KNOW.

  • Settlements are legal Eugene W. Rostow assistant secretary of state for the United States in 1967 who wrote UN resolution 242 wrote in several articles New Republic in 1991 that resolution 242 never meant for Israel to go back to the 67 borders. He also wrote that settlements were legal in the West Bank based on the fact that the British mandate in 1922 could not be rescinded. There is nothing in his writings in any agreements that say Israel had to go back to 67, and nothing was ever mentioned about land swaps.Read also what the other authors wrote about Resolution 242 in the January 15 2007 article in Camera titled. “Security Council Resolution 242 According to its Drafters”

    Lord Caradon: Quotes Res 242
    “Much play has been made of the fact that we didn’t say “the” territories or “all the” territories. But that
    was deliberate. I myself knew very well the 1967 boundaries and if we had put in the “the” or “all the” that could only have meant that we
    wished to see the 1967 boundaries perpetuated in the form of a permanent frontier. This I was certainly not prepared to recommend.”

    “We could have said: well, you go back to the 1967 line. But I know the 1967 line, and it’s a rotten line”

    “Had we said that you must go back to the 1967 line, which would have resulted if we had specified a
    retreat from all the occupied territories, we would have been wrong.”

    Dr. Jacques Gauthier, a Canadian lawyer who specializes in international law says that the San Remo Conference was the “final hearing” of a “world court,” the council of the five leading nations and victors of World War I. The “case” before the “court” began at the Paris Peace Conference of 1919, where both the Jews and the Arabs of the Middle East submitted claims to the council to obtain independence and control of various territories. Gauthier calls April 24-25 in San Remo the “key defining moment in history” on the issue of title to Jerusalem and says that Chaim Weizmann called the decision the “most important moment for the Jewish people since the exile.”

    Please see the 5 or so YouTube video lectures on Jerusalem judea and Samaria international law by famed non Jewish international lawyer Dr. Jacques Gauthier. Unfortunely can’t post links in this forum. I only say “non Jewish” because to some bigots might use the excuse that he is Jewish for his Pro Israeli legal opinion

    The Britsh Mandate was recognized by the league of nations in 1923. As per wiki “In June 1922 the League of Nations approved the Palestine Mandate with effect from September 1923. The Palestine Mandate was an explicit document regarding Britain’s responsibilities and powers of administration in Palestine including ‘securing the establishment of the Jewish national home’, and ‘safeguarding the civil and religious rights of all the inhabitants of Palestine”

Leave a Reply

Please note: comments may be published in the Algemeiner print edition. Comments written in all caps will be deleted.


Current day month ye@r *

More...

  • Arts and Culture First English-Language Trailer Debuts for Natalie Portman’s Hebrew Film ‘A Tale of Love and Darkness,’ Based on Amos Oz’s Memoir (VIDEO)

    First English-Language Trailer Debuts for Natalie Portman’s Hebrew Film ‘A Tale of Love and Darkness,’ Based on Amos Oz’s Memoir (VIDEO)

    The first English-language trailer for Natalie Portman’s directorial debut — A Tale of Love and Darkness — based on Israeli author Amos Oz’s memoir, was released on Thursday. The movie, originally filmed in Hebrew, tells the story of Oz’s childhood in Jerusalem at the end of the British Mandate and the early years of Israel’s independence. Portman, who was born in Israel and speaks fluent Hebrew, plays the lead role of Fania, the author’s mother. She struggles to raise her son as she deals with inner demons, a […]

    Read more →
  • Features As Berlin Prices Rise, Israelis Turn East for German Real-Estate Bargains

    As Berlin Prices Rise, Israelis Turn East for German Real-Estate Bargains

    JNS.org – Sonnenallee, a street in Berlin’s Neukölln district, looks like it comes straight out of an Arab city — so much so that it goes by the nickname “Gaza Strip.” Kebab and bakery shops are advertised in Arabic; men sit in men-only coffee shops; and bridal shop windows showcase glittery, not-so-stylish gowns. But take a random turn, and you’ll find a swath of bars, burger joints, and Indian restaurants where hip Berliners announce that they have arrived to urban coolness. […]

    Read more →
  • Arts and Culture Israeli Actress Gal Gadot Slays in ‘Wonder Woman’ Trailer (VIDEO)

    Israeli Actress Gal Gadot Slays in ‘Wonder Woman’ Trailer (VIDEO)

    Israeli actress Gal Gadot engages in fierce action sequences in the new Wonder Woman trailer, which Warner Bros. premiered during the San Diego Comic-Con on Saturday. The nearly 3-minute trailer, the first to debut for the superhero film, shows scenes of Diana, princess of the Amazons, fighting alongside men in the battle against the world’s toughest enemies. The first shot of the video shows Wonder Woman discovering a man, Steve Trevor (played by actor Chris Pine), washed ashore. The clip then takes viewers to the all-female island where Wonder Woman was born. […]

    Read more →
  • Arts and Culture A Theatrical Look at Diplomacy and the Oslo Accords (REVIEW)

    A Theatrical Look at Diplomacy and the Oslo Accords (REVIEW)

    Is diplomacy worthwhile, even if the end result isn’t what we hoped for? That is the question, among many others, posed by the new play Oslo, by J.T. Rogers. Making its New York debut at Lincoln Center, the play examines the secret diplomatic process that led to the historic 1993 peace accords. The character of Shimon Peres makes an appearance onstage — and he, along with Yitzhak Rabin and Yasser Arafat, tower over the proceedings. But they mainly do so in absentia. Instead, […]

    Read more →
  • Spirituality/Tradition Sports Israeli Trailblazer Dean Kremer Brings Jewish Values to Nascent Pro Baseball Career

    Israeli Trailblazer Dean Kremer Brings Jewish Values to Nascent Pro Baseball Career

    JNS.org – Other than being part of the Los Angeles Dodgers organization, Sandy Koufax and Dean Kremer have something else in common: a respect for Jewish tradition. Koufax — who was recently ranked by ESPN as the best left-handed pitcher in Major League Baseball (MLB) history — decided not to pitch Game 1 of the 1965 World Series because the game fell on Yom Kippur. “I would do the same,” Kremer said in an interview. Last month, the 20-year-old Kremer became […]

    Read more →
  • Arts and Culture Lead Guitarist of British Rock Band Queen Asks Adam Lambert to Sing in Hebrew During Upcoming Israel Concert

    Lead Guitarist of British Rock Band Queen Asks Adam Lambert to Sing in Hebrew During Upcoming Israel Concert

    The famed lead guitarist of British rock band Queen, Brian May, encouraged Jewish singer-songwriter Adam Lambert to perform in Hebrew during their upcoming joint concert in Israel, an entertainment industry advocacy organization reported on Tuesday. During a recent interview with Israeli television personality Assi Azar, May was played a 2005 video of Lambert singing the popular song Shir L’Shalom, (Song for Peace). May was so impressed by Lambert’s singing of the Hebrew track that he told the American singer, “We have to do that. Let’s […]

    Read more →
  • Sports Kenyan Marathoner to Compete for Israel in Rio Olympics

    Kenyan Marathoner to Compete for Israel in Rio Olympics

    JNS.org – Kenyan-born marathoner Lonah Chemtai is expected to compete for Israel at the Olympics Games in Rio De Janeiro, Brazil next month after gaining a last minute approval. “I am very proud [to represent Israel] and I hope to achieve a new personal best time,” Chemtai told Reuters. Chemtai, who grew up a rural village in western Kenya, first came to Israel in 2009 to care of the children of her country’s ambassador to Israel. The 27-year-old runner recently gained […]

    Read more →
  • Arts and Culture Jewish Identity Will Laughs Lead to Love on Show About Orthodox Dating?

    Will Laughs Lead to Love on Show About Orthodox Dating?

    To date or not to date? That is not the question for most Modern Orthodox singles in New York. The question is when will they find their future spouses, and when will their families stop nagging them about having babies? Inspired by the success of the Israeli show “Srugim,” Leah Gottfried, 25, decided she would create and star in her own show, “Soon By You.” “Dating is so serious already,” Gottfried said. “We wanted to take a lighter approach and laugh at the […]

    Read more →