by Craig Murray: Author, broadcaster and human rights activist, Craig was British Ambassador to Uzbekistan from August 2002 to October 2004 and Rector of the University of Dundee from 2007 to 2010, and member of SNP Friends of Palestine.
Please do read the full text of Security Council Resolution 2334, passed on Saturday 24th December:
The Security Council,
Reaffirming its relevant resolutions, including resolutions 242 (1967), 338 (1973), 446 (1979), 452 (1979), 465 (1980), 476 (1980), 478 (1980), 1397 (2002), 1515 (2003), and 1850 (2008),
Guided by the purposes and principles of the Charter of the United Nations, and reaffirming, inter alia, the inadmissibility of the acquisition of territory by force,
Reaffirming the obligation of Israel, the occupying Power, to abide scrupulously by its legal obligations and responsibilities under the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice,
Condemning all measures aimed at altering the demographic composition, character and status of the Palestinian Territory occupied since 1967, including East Jerusalem, including, inter alia, the construction and expansion of settlements, transfer of Israeli settlers, confiscation of land, demolition of homes and displacement of Palestinian civilians, in violation of international humanitarian law and relevant resolutions,
Expressing grave concern that continuing Israeli settlement activities are dangerously imperilling the viability of the two-State solution based on the 1967 lines,
Recalling the obligation under the Quartet Roadmap, endorsed by its resolution 1515 (2003), for a freeze by Israel of all settlement activity, including “natural growth”, and the dismantlement of all settlement outposts erected since March 2001,
Recalling also the obligation under the Quartet roadmap for the Palestinian Authority Security Forces to maintain effective operations aimed at confronting all those engaged in terror and dismantling terrorist capabilities, including the confiscation of illegal weapons,
Condemning all acts of violence against civilians, including acts of terror, as well as all acts of provocation, incitement and destruction,
Reiterating its vision of a region where two democratic States, Israel and Palestine, live side by side in peace within secure and recognized borders,
Stressing that the status quo is not sustainable and that significant steps, consistent with the transition contemplated by prior agreements, are urgently needed in order to (i) stabilize the situation and to reverse negative trends on the ground, which are steadily eroding the two-State solution and entrenching a one-State reality, and (ii) to create the conditions for successful final status negotiations and for advancing the two-State solution through those negotiations and on the ground,
1. Reaffirms that the establishment by Israel of settlements in the Palestinian territory occupied since 1967, including East Jerusalem, has no legal validity and constitutes a flagrant violation under international law and a major obstacle to the achievement of the two-State solution and a just, lasting and comprehensive peace;
2. Reiterates its demand that Israel immediately and completely cease all settlement activities in the occupied Palestinian territory, including East Jerusalem, and that it fully respect all of its legal obligations in this regard;
3. Underlines that it will not recognize any changes to the 4 June 1967 lines, including with regard to Jerusalem, other than those agreed by the parties through negotiations;
4. Stresses that the cessation of all Israeli settlement activities is essential for salvaging the two-State solution, and calls for affirmative steps to be taken immediately to reverse the negative trends on the ground that are imperilling the two-State solution;
5. Calls upon all States, bearing in mind paragraph 1 of this resolution, to distinguish, in their relevant dealings, between the territory of the State of Israel and the territories occupied since 1967;
6. Calls for immediate steps to prevent all acts of violence against civilians, including acts of terror, as well as all acts of provocation and destruction, calls for accountability in this regard, and calls for compliance with obligations under international law for the strengthening of ongoing efforts to combat terrorism, including through existing security coordination, and to clearly condemn all acts of terrorism;
7. Calls upon both parties to act on the basis of international law, including international humanitarian law, and their previous agreements and obligations, to observe calm and restraint, and to refrain from provocative actions, incitement and inflammatory rhetoric, with the aim, inter alia, of de-escalating the situation on the ground, rebuilding trust and confidence, demonstrating through policies and actions a genuine commitment to the two-State solution, and creating the conditions necessary for promoting peace;
8. Calls upon all parties to continue, in the interest of the promotion of peace and security, to exert collective efforts to launch credible negotiations on all final status issues in the Middle East peace process and within the time frame specified by the Quartet in its statement of 21 September 2010;
9. Urges in this regard the intensification and acceleration of international and regional diplomatic efforts and support aimed at achieving, without delay a comprehensive, just and lasting peace in the Middle East on the basis of the relevant United Nations resolutions, the Madrid terms of reference, including the principle of land for peace, the Arab Peace Initiative and the Quartet Roadmap and an end to the Israeli occupation that began in 1967; and underscores in this regard the importance of the ongoing efforts to advance the Arab Peace Initiative, the initiative of France for the convening of an international peace conference, the recent efforts of the Quartet, as well as the efforts of Egypt and the Russian Federation;
10. Confirms its determination to support the parties throughout the negotiations and in the implementation of an agreement;
11. Reaffirms its determination to examine practical ways and means to secure the full implementation of its relevant resolutions;
12. Requests the Secretary-General to report to the Council every three months on the implementation of the provisions of the present resolution;
13. Decides to remain seized of the matter.
Given the difficulties of negotiating such resolutions between 15 states, the language is remarkably forthright. The relief of the UN Secretariat itself at the UN acting after eight years of US veto impasse, shines through the accurate but stark headline of the official UN press release on the resolution:
Israel’s Settlements Have No Legal Validity, Constitute Flagrant Violation of International Law, Security Council Reaffirms
In one sense the Resolution is a statement of the blindingly obvious. But it has had such a political impact because Israel, with its politics switched radically to the right by Eastern European immigration, had really come under Netanyahu to believe it could simply strangle the Palestinians acre by acre, and the neo-con political hegemony in the West was so unshakeable there could never be any comeback.
Trump’s apparent hardline Zionism since his election has been a disappointment and was not really prefigured by the balance of his past pronouncements, although as usual with him they are all over the place. But of course he now has no ability to revoke or undermine this resolution; there is no retrospective veto. I retain a hope that Trump will come to regard the US$34 billion a year the USA gives in military assistance to Israel a very strange way to spend the taxpayers’ money.
It might be argued that Obama’s decision not to veto the Resolution shows his true decent instincts once political machination is no longer a factor. I have been undecided whether he is a decent but timid man prepared to go along with the machinations of hard power without any fights that would make his own life less comfortable, or a total charlatan who was always just a puppet of the powerful. It took eight years for me to tend towards the slightly less appalling option. Certainly Hillary, an uncompromising Zionist who refused to condemn illegal settlements when Bernie Sanders did so, would have vetoed the resolution. In a strange way, Trump’s victory allowed it to pass; if Clinton had won, Obama would have very probably felt bound to defer to her wish to veto it.
My own view is that it is too late for a two state solution. I wrote recently of my work on apartheid South Africa, and I find the two state model proposed for Israel/Palestine irresistibly reminiscent of the Bantustan proposals of the apartheid South African government. There is no economically and politically viable state to be constructed out of the overcrowded and cut off territories of the West Bank and Palestine, even without the massive seizures of land and water resources that have occurred within them. To reverse enough of 1967 settlements for a viable Palestinian state in a two state solution wpuld involve an unacceptable further uprooting of people.
This next bit of my opinion angers some – but only some – of my Palestinian friends. I see a single, secular state as the only viable long term solution, but to negotiate this would entail accepting that a large number of post 1967 settlers should stay where they are. Not all, but it is very difficult to see how any agreement could ever be negotiated that does not accept most of the facts on the ground. I see a read across here from the Cyprus negotiations, where Greek Cypriots have a great difficulty in accepting that Turkish settlers must remain. And I believe that like Cyprus, a federal political solution which does not attempt to move populations around further, seems to me the best basis to move forward.
For me, the Security Council’s observation that Israeli settlements “are steadily eroding the two-State solution and entrenching a one-State reality” and the “cessation of all Israeli settlement activities is essential for salvaging the two-State solution, and calls for affirmative steps to be taken immediately to reverse the negative trends on the ground that are imperilling the two-State solution”, are accurate descriptions of a process which in fact has already gone beyond the point of no return. The irony is, of course, that it is the Israeli government who are horrified by the idea of a single state solution; yet they have made a two state solution impossible. That leaves them the choice of sharing the land with the Palestinians, and a settlement involving massive financial compensation, or continuing complicity in the slow genocide of the Palestinians herded into their ever shrinking territories.
The Security Council has shown Israel that the whole world is horrified by what they are doing to the Palestinians. It will take further time for the Security Council to acknowledge that their own proposed solution really is no longer viable.