US Public Image in Middle East Further Collapses

Published in Huanqiu
(China) on 20 November 2019
by Ding Long (link to originallink to original)
Translated from by Liza Roberts. Edited by Helaine Schweitzer.
Secretary of State Mike Pompeo announced on Nov. 18 that the U.S. no longer believes that Israeli settlements in the West Bank violate international law. This decision is undoubtedly subversive, as the U.S. has changed the policy it has held on this issue for more than 40 years. West Bank settlements concern Palestinian territories and have always been regarded by the Palestinians as a fundamental component of the Palestinian-Israeli peace talks. Because of this, the settlements are also crucial in resolving the Palestinian-Israeli conflict with the possibility of exchanging land for peace. The United States is taking the world by storm, but has crossed the line on this issue. This decision indicates that the U.S. has drifted away from its two-state solution and is also moving further and further away from the norms of international law and morality. This decision will force the U.S. to give up the title of peace mediator in the Middle East. Therefore, beyond the fact that Israel has welcomed this decision, the international community has unanimously opposed it.

Following the third Arab-Israeli War in 1967, Israel began building settlements in the occupied West Bank and East Jerusalem. Jewish settlements on the West Bank have existed for more than 40 years, with more than 120 structures built housing more than 400,000 inhabitants. Another 200,000 Israelis live in East Jerusalem. Israel has built settlements on a large scale for two main reasons: first, to resettle Jewish immigrants from all over the world. But more importantly, the settlements have created a fait accompli, making its occupation of the Palestinian territories long term and legal.

While the facts show one thing, the law and morality show another. Although there have been demands from Israel to include its settlements in recognized Israeli territory, according to both international and Israeli domestic law, these settlements do not belong to Israel. A number of United Nations resolutions opposed Israel’s construction of the settlements and considered them to be in Occupied Palestinian Territory. Therefore, the existence of these settlements violates international law and the consensus of the international community. No matter how large they are or how long they have stood, it is still unauthorized construction. No one can change the illegality of Jewish settlements.

In his statement, Pompeo said that international law does not promote peace: “The hard truth is that there will never be a judicial resolution to the conflict, and arguments about who is right and who is wrong as a matter of international law will not bring peace.” Declaring international law to be useless seems to be pragmatic. In essence, this is an attempt to legitimize current injustice and unfairness at the expense of international morality and the sovereignty of the Palestinians.

In fact, the United States has held a consistent and clear position toward the issue of the settlements. In 1978, the U.S. government published a legal opinion on the subject, the "Hansell Memorandum." According to this document, Israel’s settlements on Palestinian land violate international law. Since then, the United States has adhered to the spirit of the document and opposed Israel’s construction of settlements. The Trump administration recognizes that the legalization of the settlements not only violates international law, but also goes against deep-rooted U.S. policy. This means that the United States has abandoned the last of its respect for international law and relevant U.N. resolutions.

After the Trump administration took office, it adopted the idea of a “doubly opposed guarantee, and one supported guarantee,” as a core tenet of Middle East policy; that is, maintaining anti-Iranian and anti-terrorism policies to protect the interests of Israel. The United States is attempting to consolidate its allies by embracing one ally while attacking another. This is done with the aim of reducing investment in the Middle East and playing the role of offshore mediator. Under this policy, the U.S. has followed the way of the Japanese in gradually eroding the relevant principles of the two-state Solution that previous U.S. governments have adhered to. The United States moved its embassy in Israel to Jerusalem, closed the Palestinian Liberation Organization office in the United States, stopped providing financial assistance to the United Nations Relief and Works Agency for Palestine Refugees in the Near East, ended the U.S. Agency for International Development mission in the West Bank and the Gaza Strip, and is now recognizing Israeli settlements as legal. The Trump administration is not without a solution to the Palestine issue, but the long-awaited "deal of the century" has not yet been revealed because it is unjust and will surely be opposed by most countries.

According to the information disclosed at the Manama Workshop, the main content of this "deal of the century" is to grant the Palestinians a small favor at the cost of a drastic reduction in Palestinian sovereignty. This plan seems to be aimed at improving the Palestinian people's livelihood, but its real purpose is to cheat them. At the heart of the Palestinian-Israeli conflict is the Israeli occupation of Palestinian territories. This is a political issue. Although Palestine needs to develop its economy and improve the livelihood of its citizens, this does not mean that the Palestine issue can be considered an issue of economics and governance. If the United States makes settlements legal and implements a so-called deal of the century, it will subvert the principle of trading land for peace and overturn the consensus of the international community on the Palestine issue. This will deprive Palestine of the right to establish a state, and will instead legalize the Israeli occupation. In this case, it will be impossible to begin peace talks between Palestine and Israel.

The problem of settlements is highly sensitive and the Palestinians see it as a wedge that has been inserted into Palestinian territory. Acknowledging the legality of settlements serves to legitimize Israel’s occupation of the Palestinian territories. This risky decision buries the two-state solution, and at the same time, buries the credibility of the United States. The title of Middle East Peace mediators that the U.S. has built for itself over the past few decades will collapse and incite anti-Americanism and violent extremism. If the U.S. acts in this way, the country is doomed.


美国国务卿蓬佩奥18日宣布,美国不再认为以色列在约旦河西岸建立的定居点违反国际法。这个决定无疑具有颠覆性,意味着美国改变了40多年来在此问题上的政策。定居点关乎巴勒斯坦领土,一直被巴方视为巴以和谈不可或缺的议题,因此也是事关以“土地换和平”解决巴以冲突的根本性问题。美国冒天下之大不韪,在此重大原则性问题上逾越红线,标志着美国已与“两国方案”渐行渐远,也在背离国际法和国际道义的路上越走越远,这将使其丧失“中东和平调解人”的资格。因此,除以色列表示欢迎,这个决定遭到国际社会几乎一致的反对。

1967年第三次中东战争后,以色列开始在被占领的约旦河西岸和东耶路撒冷修建定居点。约旦河西岸的犹太定居点已存在40多年,数量已达120多个,居民达40多万人。另有20多万以色列人生活在东耶路撒冷。以色列大规模建设定居点,一是为了安置来自世界各地的犹太移民,更重要的是以此造成既成事实,使其对巴领土的占领长期化、合法化。

但事实存在是一回事,法理和道义是另一回事。虽然以色列国内一直有人要求将定居点纳入以色列领土,但根据国际法以及以色列国内法,定居点不属于以色列领土。联合国多个决议反对以色列修建定居点,认为定居点属于巴勒斯坦被占领土。因此,违反国际法和国际社会共识的所谓“事实存在”,无论规模多大、历史多长,仍然属于“违建”,没有人能改变犹太定居点“违建”的性质。

蓬佩奥在声明中说“国际法并没有促进和平”,“在国际法问题上,关于谁对谁错的争论不会带来和平。”这番国际法“无用论”的表态看似务实,实质是以牺牲巴勒斯坦人建国权和国际道义为代价,企图把不公正、不公平的现状合法化。

其实,美国在定居点问题上也有一贯的明确立场。1978年,美国政府通过一份法律意见书——“汉塞尔备忘录”。该文件认为,以色列在巴勒斯坦土地上建立定居点违反国际法。此后,美国一直秉承该文件精神,反对以色列修建定居点。特朗普政府承认定居点合法化,不仅违反国际法,同时也是对美国长期政策的颠覆,意味着美国抛弃了对国际法和联合国有关决议最后一点尊重。

特朗普政府上台后,采取“双反一保”为核心的中东政策,即反伊朗、反恐,确保以色列利益。美国企图用“拉一个,打一个”的手法,巩固盟友关系,目的是减少在中东的投入,扮演离岸平衡手的角色。在这一政策指引下,美国利用日拱一卒的方式,一步步蚕食美国历任政府都秉承的“两国方案”有关原则。美国将驻以色列使馆迁至耶路撒冷,关闭巴解组织驻美办事处,停止向联合国近东巴勒斯坦难民救济和工程处提供援助,停止美国国际开发署驻约旦河西岸和加沙地带特派团行动等,现在又要承认定居点的合法性。特朗普政府不是没有解决巴勒斯坦问题的方案,酝酿已久的“世纪交易”之所以不敢拿出来示众,就是因为这个方案有失公允,将遭到大多数国家的反对。

根据麦纳麦研讨会透露的信号,“世纪交易”的主要内容是给巴勒斯坦人施以小恩小惠,代价是巴勒斯坦建国标准的大幅缩水。这个方案貌似旨在改善巴勒斯坦民生,实质是偷梁换柱,巴以问题的实质是以色列占领巴勒斯坦领土,这是一个政治问题。虽然巴勒斯坦需要发展经济,改善民生,但绝不意味着巴勒斯坦问题可以被偷换为经济问题和治理问题。如果美国使定居点合法,推出所谓的“世纪交易”,就是颠覆“土地换和平”原则,推翻国际社会有关巴勒斯坦问题的所有共识,这将剥夺巴勒斯坦的建国权,使以色列占领合法化。那样的话,巴以和谈将无从谈起。

定居点问题具有高度敏感性,巴勒斯坦人将其视为插在巴领土上的楔子。承认定居点合法性,就是承认以色列对巴勒斯坦领土的占领合法。因此,这个危险举动埋葬的是“两国方案”,陪葬的是美国的信誉。美国在过去数十年里打造的“中东和平调解人的人设将进一步坍塌,还将鼓动反美主义和暴力极端主义。这决定了美国这样做注定得不偿失。
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