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.


Current day month ye@r *

More...

  • Relationships Yossi Vardi Credits Pushy Jewish Mother for His Startup Success

    Yossi Vardi Credits Pushy Jewish Mother for His Startup Success

    Millionaire entrepreneur Yossi Vardi credited his success in start-ups to his Jewish mother continuously pushing him to do better, Daily Mail reported on Thursday. “Jewish mothers are never satisfied and nothing is ever good enough,” he said, adding that his mother, who died 15 years ago, used to compare him with his cousins and say he was “an idiot.” “For most of my life I have been trying to show her I’m not,” he continued. “I keep on trying even now.” Vardi, […]

    Read more →
  • Theater US & Canada Seth Rogen Unveils New Christmas Movie — ‘Will Open on Thanksgiving, Made by Jews’ (VIDEO)

    Seth Rogen Unveils New Christmas Movie — ‘Will Open on Thanksgiving, Made by Jews’ (VIDEO)

    Famed actor Seth Rogen on Tuesday unveiled with typical comic fanfare the trailer for his new Christmas film. The movie “was made by Jews… and opens on Thanksgiving,” Rogen pointed out on Twitter. The Night Before tells the tale of three “ride or die homies” celebrating one last debauchery-filled Christmas Eve reunion before they become too busy to keep up their annual tradition. In an effort to make the night as memorable as possible, they set out to find the “Nutcracka Ball – the […]

    Read more →
  • Arts and Culture Jewish History Art Can Inspire Faith; It Can Also Empower Destructive Ideologies

    Art Can Inspire Faith; It Can Also Empower Destructive Ideologies

    A June 2015 art exhibit, “The Transformative Power of Art,” at the United Nations headquarters in New York City, harnessed the universal language of art to convey an important message: “Our fragile Mother Earth faces the devastating consequences of climate change, a defining challenge of our time.” The exhibit also included sixteen portraits of people from all over the world who have “contributed to the common good of humanity in one way or another and have transformed the way we […]

    Read more →
  • Israel Sports Israeli Muslim Cage Fighter Says He’s Proud to Fight Under Jewish State’s Flag

    Israeli Muslim Cage Fighter Says He’s Proud to Fight Under Jewish State’s Flag

    A 32-year-old Circassian Israeli Muslim Mixed Martial Arts fighter from Abu Ghosh says he takes pride in fighting under the Israeli flag, Israel’s Walla reported on Sunday. Like most Circassian Israelis, Jackie “the Punishment” Gosh was born Sunni Muslim. He became observant about eight years ago, and is now scrupulous in following his religion’s tenets, praying five times a day and fasting during the holy month of Ramadan. Gosh is also very proud of his Israeli nationality, and sees no contradiction between […]

    Read more →
  • Israel Music New Mark Skinner Documentary Explores Jewish, Arab Rap Scene in Israel (VIDEO)

    New Mark Skinner Documentary Explores Jewish, Arab Rap Scene in Israel (VIDEO)

    A new documentary explores the lives and work of Jewish and Arab rappers in Israel and how the ongoing conflict in the region has impacted their lyrics, the U.K.’s Jewish Chronicle reported on Thursday. Hip Hop in the Holy Land is a six-part series co-directed by Mike Skinner, the British frontman of hip-hop group The Streets, and produced by Noisey, a music channel published by Vice news. The first episode, published last week, shows Skinner meeting with Tamer Nafar, the founder of one of […]

    Read more →
  • Sports US & Canada 49ers Running Back Jarryd Hayne Apologizes for ‘Hurtful’ Jesus Tweets

    49ers Running Back Jarryd Hayne Apologizes for ‘Hurtful’ Jesus Tweets

    New 49ers running back and Australian rugby star Jarryd Hayne apologized on Wednesday for a tweet in which he raised the age-old myth that Jews were historically responsible for Jesus Christ’s death. Reaching out to his Jewish fans, and the chairman of the B’nai B’rith Anti-Defamation Commission, Hayne tweeted: “To the Jewish community @DvirAbramovich #WeAreAllOne.” Underneath, he keenly included a screenshot of a text message to elaborate on his apology: “I sincerely apologize for my tweets on July 1. I […]

    Read more →
  • Theater Israeli Actress Gal Gadot Recalls Being ‘Extremely Surprised’ at Winning Miss Israel Contest

    Israeli Actress Gal Gadot Recalls Being ‘Extremely Surprised’ at Winning Miss Israel Contest

    Israeli actress Gal Gadot reminisced about her childhood in Israel during an interview published in this month’s edition of Vanity Fair. “I don’t remember this, but my mom told me that when I was three they threw a party on the rooftop of the house. They put me to bed, and I heard people coming into the house and no one came to me. I went to the rooftop and took a hose and I started to spray water on everyone, just […]

    Read more →
  • Blogs Features Wounded Israeli Soldiers Unite With American Veterans to Help Their ‘Brothers for Life’ Heal (INTERVIEW)

    Wounded Israeli Soldiers Unite With American Veterans to Help Their ‘Brothers for Life’ Heal (INTERVIEW)

    An Israeli organization is helping wounded U.S. veterans move past their physical and psychological challenges by connecting them with injured Israeli soldiers who understand what they’ve been through. “What we discovered very early is that there’s no ‘professional, psychiatrist, social worker’ or anything like that [or] pills that can come even close to helping a soldier who fought in combat, who was wounded, who lost his friends. No one can help him like another person who’s been through exactly what he has,” Rabbi Chaim Levine, […]

    Read more →