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.


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


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

71 Hayarkon Street


  • 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 *


  • Israel Sports In Israel for Champions League Soccer Match, Chelsea Manager Says Team Not Worried About Security Situation

    In Israel for Champions League Soccer Match, Chelsea Manager Says Team Not Worried About Security Situation

    The manager of the Chelsea Football Club said on Monday that he is looking forward to playing in Israel this week against Maccabi Tel Aviv, in spite of the security situation, Israeli news site nrg reported. Jose Murinho, who is already in Israel with his team to compete against Maccabi in the Champions League soccer match, was  asked whether he was worried about the current wave of Palestinian violence sweeping the country. “I have no worries at all regarding the security situation, and neither do […]

    Read more →
  • Book Reviews Opinion In the Middle East, ‘The Tail Wags the Dog’ (REVIEW)

    In the Middle East, ‘The Tail Wags the Dog’ (REVIEW)

    Blaming the West has become the most pervasive method of teaching for many Middle East studies departments, which are becoming the heart of pop-culture academia. Efraim Karsh, a distinguished professor of Middle Eastern studies at Bar-Ilan University and professor emeritus at King’s College London, in his latest book The Tail Wags the Dog: International Politics and the Middle East, dispels this myth. “Britain’s ‘original sin,’ if such was indeed committed, lay not in the breaking up of Middle Eastern unity but […]

    Read more →
  • Features Spirituality/Tradition With Popularity and Sales up, ‘Mensch on a Bench’ Has Much to Smile About

    With Popularity and Sales up, ‘Mensch on a Bench’ Has Much to Smile About – The Mensch on a Bench is so much happier now than he was a year ago. Look carefully and you will notice that, whereas the previous Mensch had a decidedly worried look, this latest version of the popular Hanukkah toy is flashing an exuberant grin. Is the erstwhile Mensch smiling because he expects to be in some 100,000 homes by year’s end? In truth, the change in visage was suggested last year by the “sharks” on ABC’s Shark Tank […]

    Read more →
  • Music US & Canada Adam Sandler Updates Famous ‘Chanukah Song,’ Includes Hulk Hogan, David Beckham and Scarlett Johansson in Latest Version

    Adam Sandler Updates Famous ‘Chanukah Song,’ Includes Hulk Hogan, David Beckham and Scarlett Johansson in Latest Version

    Actor Adam Sandler unveiled a new version of his famous “Chanukah Song” on Saturday, adding a slew of Jewish celebrities to the ditty’s updated lyrics. The comedian — who released the original song about being Jewish during Christmas in 1996 — performed the latest version of the comedic track during the New York Comedy Festival at Carnegie Hall. Marvel Comics creator Stan Lee, actor Jake Gyllenhaal and “the two guys who founded Google” are among the famous Jewish celebrities now in the line up. Sandler also included lyrics about Star Wars‘ Princess […]

    Read more →
  • Music US & Canada Famed Israeli Violinist Itzhak Perlman to Receive Presidential Medal of Freedom

    Famed Israeli Violinist Itzhak Perlman to Receive Presidential Medal of Freedom – Famed Israeli violinist Itzhak Perlman will be among the 17 recipients of America’s Presidential Medal of Freedom next week. He is the fourth Israeli to receive the highest civilian honor in the US. “A native of Israel, he came to the United States at a young age and was introduced to Americans broadly when he appeared on the ‘Ed Sullivan Show’ in 1958. Mr. Perlman made his Carnegie Hall debut in 1963 when he was 18,” a White House […]

    Read more →
  • Features Spirituality/Tradition Don’t Think Israel is a Luxury Destination? Check Out These 6 Spots

    Don’t Think Israel is a Luxury Destination? Check Out These 6 Spots – While Israel is a common destination for cultural and religious pilgrimages, travelers seeking the best hotels, fine dining, and upscale relaxation less often find themselves in the Holy Land. Yet in recent years, the country’s burgeoning tech scene has attracted a business crowd accustomed to ritzy accommodation. Besides, the permanent summer of Tel Aviv and Eilat makes them prime destinations for European vacationers. Israel’s populace managed to tame the swamps and irrigate the desert — so going luxury should […]

    Read more →
  • Arts and Culture Features Has Shia LaBeouf Reached the End of the Line?

    Has Shia LaBeouf Reached the End of the Line?

    Was Shia LaBeouf’s performance art piece at Manhattan’s Angelica Film Center (where he spent three days watching his own films) a sign of madness or genius? Judging from the lines and the fans, it was the latter. Shortly before 6 a.m. on Thursday, approximately 140 people were on line for the last day of the live-streamed event at Angelica Film Center. Fans who waited were happy to give their opinions. “I don’t think he’s crazy,” said Elliot Quartz, an 18-year-old student at the New School, who waited […]

    Read more →
  • Arts and Culture Spirituality/Tradition Jewish Artists From New York Release New Rap Album in English, Hebrew, Aramaic

    Jewish Artists From New York Release New Rap Album in English, Hebrew, Aramaic

    Eden Pearlstein freely admits that he has an addiction. But his brings people up instead of bringing them down. “I am a chronic collaborator,” says Pearlstein, a 35-year-old rapper who goes by the moniker of Eprhyme, and has released several solo albums. “Deeper and Higher” — his new album — is a collaboration with Shir Yakov Feit, who co-writes the songs and music. The friends and fellow artists both explore the relationship between man and God, and the benefit and emotional weight of introspection. With lyrics in English, Hebrew, and Aramaic, the artists stress […]

    Read more →