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...

  • Features Unpacking the Nagorno-Karabakh Conflict and Its Ripple Effect on Israel’s Region

    Unpacking the Nagorno-Karabakh Conflict and Its Ripple Effect on Israel’s Region

    JNS.org – Aside from Israel itself, those with a vested interest in the Jewish state are accustomed to tracking developments related to Middle East players such as Iran, Syria, Jordan and Egypt. But much global attention has recently focused on the Caucasus region at the Europe-Asia border, specifically on the suddenly intensified violence between Azerbaijan and Armenia in the mountainous Nagorno-Karabakh area of western Azerbaijan. The Nagorno-Karabakh conflict, while not taking place in Israel’s immediate neighborhood, does have what one scholar called […]

    Read more →
  • Blogs Features Earth Day 2016: Israel Shines in Water Technology, Recycling, Renewable Energy

    Earth Day 2016: Israel Shines in Water Technology, Recycling, Renewable Energy

    JNS.org – On Friday, April 22, 196 nations across the world mark Earth Day, the annual day dedicated to environmental protection that was enacted in 1970. Not to be forgotten on this day is Israel, which is known as the “start-up nation” for its disproportionate amount of technological innovation, including in the area of protecting the environment. For Earth Day 2016, JNS.org presents a sampling of the Jewish state’s internal achievements and global contributions in the environmental realm. Water conservation Israeli […]

    Read more →
  • Arts and Culture World New Documentary Explores Holocaust Humor, Role That Laughter Played in Death Camps

    New Documentary Explores Holocaust Humor, Role That Laughter Played in Death Camps

    Holocaust humor and the role that laughter played in the lives of Jews during World War II are the focus of a documentary that made its world premiere on Monday at the Tribeca Film Festival in New York City. In The Last Laugh, first- and second-generation survivors, as well as famous Jewish and non-Jewish comedians, discuss their thoughts on when joking about the death camps is appropriate or taboo. “Nazi humor, that’s OK. Holocaust humor, no,” Jewish comedic giant, actor and filmmaker Mel Brooks says in the film. “Anything I […]

    Read more →
  • Arts and Culture Blogs Tragedy Culminates in ‘Celebration,’ Says Israeli Author Who Lost Son to Terror

    Tragedy Culminates in ‘Celebration,’ Says Israeli Author Who Lost Son to Terror

    JNS.org – Sherri Mandell’s life was devastated on May 8, 2001, when her 13-year-old son Koby was murdered by terrorists on the outskirts of the Israeli Jewish community of Tekoa. Yet Mandell not only shares the story of her loss, but also celebrates the lessons she has learned from tragedy. Indeed, “celebrate” is this Israeli-American author’s word choice. Her second book, The Road to Resilience: From Chaos to Celebration (Toby Press), came out earlier this year. The lesson: in every celebration, there is […]

    Read more →
  • Features Opinion For Alan Gross, Cuban Prison Didn’t Harden His Heart or Weaken His Ambition

    For Alan Gross, Cuban Prison Didn’t Harden His Heart or Weaken His Ambition

    JNS.org – Alan Gross used to be nothing more to me than a tragic headline. When I started my position at this news service in July 2011, Gross had been imprisoned in Cuba since December 2009 for what that country called “crimes against the state.” Gross, a subcontractor for the United States Agency for International Development, went to Cuba to help the Jewish community there access the Internet. After his arrest, he received a trial he describes as a “B movie,” […]

    Read more →
  • Arts and Culture Features New Movie Shows How Global Economic Instability Grew From Very Local Greed

    New Movie Shows How Global Economic Instability Grew From Very Local Greed

    JNS.org – When I saw the recent Academy Award-winning film “The Big Short,” I was struck by the sheer genius of the financiers who devised the schemes and packaged the loans for resale, but it left me with unanswered questions about how the properties these loans represented were moved. “The Big Short” was largely about paper transactions, big money, and wealthy investors, and it mildly touched on the way the actual end-users — the home buyers and brokers — played into this […]

    Read more →
  • Blogs Book Reviews Psychiatry and the Spirit

    Psychiatry and the Spirit

    Why do we think so negatively about psychiatrists that we still insult them by calling them shrinks? Some medics might be quacks, but we don’t generally refer to them as witches! Shrinks; The Untold Story of Psychiatry, by Dr. Jeffrey Lieberman, is a sobering account of how psychiatry has swung from a marginal, unscientific mixture of weird theories into one of the most common and pervasive forms of treatment of what are commonly called “disorders of the mind.” Is it […]

    Read more →
  • Features Opinion At Forbes Summit in Israel, Entrepreneurship Is a ‘Common Language’

    At Forbes Summit in Israel, Entrepreneurship Is a ‘Common Language’

    JNS.org – Nine months ago, Seth Cohen, director of network initiatives for the Charles and Lynn Schusterman Family Foundation, and Randall Lane, editor of Forbes Magazine, were schmoozing about the “vibrancy of Tel Aviv and soul of Jerusalem,” as Lane put it. They dreamed about how they could bring young and innovative millennials to the so-called “start-up nation.” From April 3-7, Forbes turned that dream into a reality. Israel played host to the first-ever Forbes Under 30 EMEA (Europe, the Middle East, and Africa) […]

    Read more →