Oslo Accords Vs State of Palestine: A Waste of Time

Hamas & Fatah United (Source: Google Images)

It's official: the Palestinian Government is a Hybrid Terrorist Organisation.

"I declare to all the world, and in the name of President Abu Mazen and in the name of the executive committee [of the PLO], that the Hamas movement is a Palestinian movement, and that it was not and will not be a terrorist organization." - Saeb Erekat

The European Union and the United States of America consider Hamas a terrorist organisation (see the FTO List and the EU Common Position 2013/395/CFSP) and these are two entities that have given away billions of dollars to Palestine. We wonder whether Saeb Erekat is finally confessing that, all these years, Fatah has been sharing those funds with Hamas ...
(Side note: in the period of 2008-2012 alone, the EU sent €2.5Bn of Taxpayers' money to the Palestinians [and this was in the height of the European financial crisis]. Recently, the European Court of Auditors reported that that money was either "squandered, lost to corruption, or misspent". The US reportedly sends them $500 Million per year and it should be assumed that those funds met the same fate as the European ones)

The Palestinian Authority Perished
On the 29th of November 2012, the UN General Assembly granted Palestine statehood recognition. This fact sends us back to David Singer's article where he reminds the world that the Palestinian Authority (PA) is actually dead:

"Official documents, seals, signs and letterheads of the Palestinian National Authority official and national institutions shall be amended by replacing the name 'Palestinian National Authority' whenever it appears by the name 'State of Palestine' and by adopting the emblem of the State of Palestine." - Palestinian Decree No. 1 for the year 2013, signed by President Abbas

Many voices have said that if the PA would ever be dismantled it would be bad for Israel, but the fact is that the PA has already been terminated and Israel's situation didn't worsen because of it (ironically enough, it worsened when it went back to peace talks with the "State of Palestine" based on an expired Declaration of Principles, in the summer of 2013).

Expired Accords
The Oslo Accords were an agreement to be respected within an interim period (of 5 years) - "The five-year transitional period will begin upon the withdrawal from the Gaza Strip and Jericho area." (Article V[1])
Jericho has been under Palestinian control since 1994; and Israel withdrew from the Gaza Strip in 2005, thus complying with UN Resolution 242 that called for the "withdrawal of Israeli armed forces from territories occupied in the recent conflict" meaning that since then Gaza is the de facto Palestinian State.
If it could be assumed that the Article V of the Oslo Accords was only complied in 2005 (with the withdrawal from Gaza) then it could also be assumed that the agreement expired in 2010, when by the "third year of the interim period" the PA rejected a generous offer for de juris statehood.

"The two sides view the West Bank and the Gaza Strip as a single territorial unit, whose integrity will be preserved during the interim period." Article IV - this could signify that at the end of the interim period, ceteris paribus, the [illegal term] "West Bank" and the Gaza Strip could no longer be viewed as a single territorial unit; meaning that once Resolution 242 was complied by Israel, the Palestinian side could not claim Samaria & Judea.

The Levy Report Changes Everything
The International Law supports the argument that Samaria & Judea are disputed territories (until an official status is met) and that Israel is not an occupying power, explained by the Levy Report. Due to this fact, not only are the Oslo Accords presently fictitious but also the Article 49(6) of the Fourth Geneva Convention does not apply to Israel's position in the disputed territories (and therefore the leverage the State of Palestine feels it has has been made redundant).

The West's leaders know all of the above well. The Israeli government knows it very well. The Arab leaders know it extremely well. Hence the diplomatic tango that we have been witnessing for years.
The truth, however, is that all of them have successively used the Arab-Israeli Conflict as a card to acquire strategic advantages:

West: it needed Arab oil until it developed itself and clean energy technologies (with Israeli know-how) to reach energetic independence.
Israel: it needed to develop its military and technological industries, until the right conditions were gathered to make its case.
Arabs: they needed a subject to blackmail the West into buying their oil and allow them to infiltrate their countries.

All sides benefited from the spoils of the Arab-Israeli conflict; but the question now is: isn't it time to write a new page in History?


Comments

  1. A unity government mirrors the unity of the Palestinian people. How can anyone negotiate with one side only to see the efforts derailed by Hamas? By being included in the talks maybe they'll feel encouraged to renounced violence?
    Ok, the PA is dead, so? What does it change? We still need peace! The Oslo agreements anticipated a Palestinian state in Gaza and in the West Bank, so I don't see how an expired agreement has changed that!!! And if the Levy report is so true why doesn't the international community recognize it? Until it does it's meaningless!
    B for effort, Zionist Max!

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    1. I forgot to say something. You decided the peace talks were dead before the talks deadline expired, so you didn't even give peace a chance!! How pitiful is that?

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    2. Good old naive Celia. Hamas encouraged to renounce violence? Check history out, Hamas has been united before with Fatah and what happened? It kicked Fatah to the curb, violently if I may say so myself. You want peace with Arabs? You are not going to get it.

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    3. Hi Celia :D!

      Indeed, but it raises two questions:
      1- Are the Palestinians choosing peace? Meaning that Hamas will have to renounce violence and recognise Israel (i.e. as demanded by the Quartet)

      or

      2- Are the Palestinians choosing War? Meaning that President Abbas does not reject Fatah's latest call for "armed struggle", invocation of the PLO 1968 charter that calls for the destruction of Israel and bids moderation goodbye.

      The ball is in the Palestinian court.

      How do you expect to achieve peace if one of the parties doesn't want it, Celia?
      If the Oslo agreements expired than the West Bank and Gaza are not a single unit and therefore can't be claimed by the Palestinian side. Too bad they didn't accept Ehud Olmert's offer...which is testament to their true ambitions.

      "And if the Levy report is so true why doesn't the international community recognize it? Until it does it's meaningless!"

      So, after the international community recognises it, will you?
      Anyway, the international arena hasn't recognised it yet because the Israeli government hasn't made its case yet - obviously.

      Celia, thank you so much for your comment. And it's not like I don't give peace a chance - it was obvious that the two sides wouldn't reach a deal, right from the start when Palestinians demanded the release of terrorists and started killing Israelis.

      Cheers

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    4. How pitiful is it that you are still around, Celia?

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  2. Erekat's were meant to draw Hamas near. The unity is understandable from a Palestinian perspective, as divided they are weaker, but from the peace talks perspective it is bad because Hamas is a terrorist organisation, that refuses to recognise Israel and whose objective is to take the whole land of Israel, and that is not going to change.
    The US had the right reaction whereas the EU had a contradictory one: we consider Hamas a terrorist group, we know what they are capable of, but we welcome this unity and let's discuss peace now! It's an absurd and it goes to show how confused and corrupt the EU is as a political body.
    I confess I hadn't realised the dissolution of PA and it is quite interesting that the media didn't either - why when Abbas said so himself?
    The Oslo agreements have expired a long time ago when PA failed to comply with its obligations. But your explanation went deeper into the question and it should make us all think. Politicians have been juggling with the world's emotions, blood has been shed, and all in the name of national interests that hardly anyone explains what exactly they are. Well done, Max!

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    1. Hi Bernie :D!

      I concur. Indeed, but there has been a twist now: a Fatah official said that on TV that the two state solution was dead and that Fatah had return to an armed struggle (he even invoked the 1968 PLO charter) and re-take the whole of "Palestine".
      The EU has many strange and uncoordinated reactions to events.

      No one has responded to PA's demise because they don't know how to react to it and what it means for the peace process (i.e. God forbid that the process ends and they are left with nothing to blame Israel for).
      Indeed...

      Bernie, thank you so much for your comment and support *bowing*.

      Cheers

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  3. Nice analysis. But as far as I am concerned no analysis was needed cause the Arabs keep showing us how little committed to peace they are. And the world keeps putting pressure on Israel and none on them! John Kerry made yet another stupid comment on Israel, sure he now wishes he could've used different wording but the fact is he said it and there's no taking it back. Where was he when Abbas said that Palestine would be an apartheid state? Where was he when previously released prisoners returned to terrorist activities? Where was he whenever the Pali state TV incites hatred and jihad against Jews? Yeah, talk is cheap.

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    1. Hi Adam :D!

      I heard about Sec Kerry's gaffe: *nodding*...big mistake. It will hurt him for sure.
      Like I said, the world needs Israel as a scapegoat. But Israel has to show them that it is not willing to be so...at least, not any longer.

      Adam, thank you so much for your comment :D.

      Cheers, mate

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  4. Fatah and Hamas are a united government, Palestine is a state, Abbas killed PA and replaced it with State of Palestine: are the legal conditions met to take legal action against the State of Palestine for crimes of war, crimes against humanity, incitement to violence, to hatred, to terror etc? They are a state since 2012, how many times have they violated the international law since then?

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    1. Hi Anon :D!

      Very good questions! Palestine wants to join the ICC, in fact it is threatening Israel with that move - I say, let them because it might play in our favour...if you catch my drift.

      Anon, thank you so much for having asked such incredible questions. Food for thought :D.

      Cheers

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  5. The EU invested €2.5 billions on Palestinian terrorism and corruption. They were supposed to build a peaceful state, instead they built a terror state!
    I second your analysis: the Oslo accords have expired already. But people will only realize when the Israeli government states it and when the US backs that statement up. We can't count on the Europeans at all! You are totally right about the vested interests on all sides of the issue.
    Great great job, Max Coutinho. I love it when you write about these issues!

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    1. Hi Celeste :D!

      True.

      "The Oslo accords have expired already. But people will only realize when the Israeli government states it and when the US backs that statement up."

      Hear, hear! That is why it is so important for Israel to make a proper case for itself - it can't let the Arabs in Palestine keep doing street diplomacy and running baseless campaigns any longer.

      Thanks, darling; I am glad you loved it *bowing*.

      Celeste, thank you so much for your great comment :D.

      Cheers

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  6. This week's article: a waste of time and lives. The amount of blood shed over the decades for something that could've easily been solved if only nations had stuck to the law, is out of this world.
    The thought of the week: these EU elections will be interesting to follow, if the far right wins the 170-190 seats as expected that will give them a boost, Max. First the EU, then individual state members.

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    1. Hi Carl :D!

      You are correct on both fronts.

      Carl, thank you ever so much for your great input :D.

      Cheers

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  7. Yes its time to write a new history by blurring/wiping the so called 'Religions' from the world. When a baby is born in the world, the child doesn't come with a religion imprinted in their heart. Ultimately if we accept everybody as human first with the same blood maybe things would be a little different in this world. Time and again over the last few centuries we have seen most of the troubles or the animosity arises from the religious divides and trying to prove supremacy. So if we can wipe out religions from the world story maybe things can change for the better.

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    1. Hi Kalyan :D!

      Would you wipe politics as well? Because this situation is mostly about politics (the same way it is about politics in places like Kosovo, Kashmir, Tibet, Northern Ireland, Basque Country etc).
      We do look at each other as humans, but then ambition, greed, hatred etc comes into play...and that will never go away, unfortunately. This is not paradise, K; life on earth is intended for the rebirth cycle, to learn, to purge ourselves...in sum, hell. ;)

      K, thank you so much for your comment, my friend :D.

      Cheers

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    2. Kalyan, the only problematic religion is Islam right now. Sure many conflicts have been promoted by the Catholic Church and others but the problem wasn't the religion, it was power. Islam is after power too and for that they are more than willing to kill, lie, grab land, rape, do whatever till they get their way. And for those who are getting ready to say "Oh, Islam is not the problem, Islamists are" then where is Islam demanding Fatah & Hamas to stop the terrorism and compromise? Where is Islam protesting against Boko Haram? Yeah, Islam is shutting up and we know what they say about silence!

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    3. Wee Max, if the need be for the sake of peace in the world, I would love to have a world free of politics, if need be. But as far as I understand, I believe politics was introduced into the modern State perhaps to build more interactivity and harmony and reduce the aloofness between the rulers and the masses. But what we have seen down the ages that thought has been corrupted and the rulers in the voracity for a life of indulgence and power somwhere down the line took the people for granted and thats where disenchantment among the masses started rising and a few individuals who can influence their clout would rise among the masses with a view to fight for rights and then one day tread the same line as his predecessors did.

      Now eben the wiki definition of politics worries me especially the words I have capitalised which says "Politics is the practice and theory of INFLUENCING other people on a civic or individual level. More narrowly, it refers to ACHIEVING and EXERCISING positions of governance organized CONTROL over a human community, particularly a state. A variety of methods are employed in politics, which include PROMOTING ONE'S OWN POLITICAL VIEWS among people,negotiation with other political subjects, making laws, and EXERCISING FORCE, including WARFARE against adversaries".

      To me this definition shows the real shape of our polity in the world today with the last few words say it all.

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    4. K, a world free of politics? Impossible. Politics is a second nature in humans; it's inherent to them.
      Exactly, the thirst for power makes people go wild and loose focus of their original objectives.
      That is one stark definition of politics - you do well to worry, I would too lol. I personally prefer the most traditional definition of politics:

      "The art or science of government or governing, especially the governing of a political entity, such as a nation, and the administration and control of its internal and external affairs."

      Politics is an art.

      That wiki definition seems to have been written either by a despot in the rise or by a politically disenchanted individual.

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  8. Well, well, well, Max! I couldn't expressed it better! In fact, you have balls to put it like this, put it out there like this. No, in fact you showed that you showed that you are in no one's pockets and so you can speak freely! We need more people like you!
    Hamas and Fatah can say and do whatever they want, but the truth is they will never get what they want! Am Yisrael Chai!!!

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    1. Hi Ana :D!

      Why, thank you *bowing. No, Arab money is not accepted here lol.
      !עם ישראל חי

      Ana, thank you so much for your comment, darling :D.

      Cheers

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  9. It's a waste of time and lives. I don't blame the Arabs or even religion, as someone mentioned above, I blame the international community. They allowed the Arabs to spread lies while at the same time they armed them, they trained them and when it turned on them (9/11) then they went after them, killed them but allowed the lies to continue to spread and what for? My friends, this is what pleasing Greeks and Trojans does to you, to all of us. Time to turn the page.

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    1. Hi Michael :D!

      In sum, it's about power and political convenience, right?
      Very good analogy: the Greeks and Trojans. Yes, that is exactly it.

      Mike, thank you so much for your super comment :D. Loved it.

      Cheers

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