Leslie AderIP502Dr. DeloffreCapstone Proposal: Conflict Assessment

Continued Israeli Settlements in the West Bank

The Palestinian-Israeli conflict is one of the most complex and deeply rooted

conflicts in history. Violence has continued since the declaration of the State of Israel in

1948, including the Suez War in 1956; Six Day War in 1967; Yom Kippur War in 1973;

the First intifada 1987-1993; Second Intifada in 2000-2005. The current debate is in a

post second-Intifada lens and focuses on the issue of Jewish settlements in Arab

territories. Even though Oslo II and Madrid Treaties dictate that the Israeli government

ceases building in the areas of Jenin, Ramallah, and Nablus in the West Bank, such

settlement projects continue. Around two-out-of-three (1.6 million) Palestinian residents

in West Bank as refugees and 727,471 are “registered” refugees in the West Bank. The

purpose of this conflict analysis is to discuss the continuing disputes over Israeli

settlements in the West Bank that have expanded the conflict, as well as review steps that

policymakers can enact to reduce future violence.

One of the most controversial contemporary issues in foreign policy today is the

continuation of the Palestinian-Israeli conflict, which especially regards the implementing

the Oslo Accords in relation to the issue of settlements. The initial process of

“settlements” began after Israel’s success in the Six Day War when three of the most

powerful Arab states, Egypt1, Syria, and Jordan, all who declared war on Israel. Within

six days, the Israeli military had pushed into the Golan Heights, West Bank, East

Jerusalem, and held the majority of the Sinai Peninsula While Jordan and Egypt have

1 Egypt was then known as the United Arab Republic from 1958-1961

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Leslie AderIP502Dr. DeloffreCapstone Proposal: Conflict Assessment

recognized and reconciled with the Israeli state since 1979, only Egypt has reclaimed

their territory in the Sinai. Jordan and Syria have yet to regain their ‘lost territory’. Over

the past ten years, there has been no sign of the Israeli government backing down on the

issue of returning the Golan Heights or any other contested territory.

In order to best address the issue of contention within this conflict, this paper

shall use the “Onion” framework to asses all major stakeholder positions, interests and

needs in the conflict.

I. Primary Stakeholders:

Stakeholder 1: Palestinian Community

Since 1967, the Palestinian communities residing in the West Bank have been

subjected to several border and political changes since Oslo II, the Hebron Agreement,

the Talban Plan in 2003, in which certain armistice lines have been drawn separating the

two communities (Appendices 1; Sarah 2012). Currently, the main borders that separate

the communities are that of checkpoints and Jewish settler outposts. Recent agreements

have granted the areas of Hebron, Nablus, Ramallah and the surrounding communities

granted Palestinian autonomy and specific blocks of land to be transferred. Most of the

tensions in the Palestinian communities regard safety and land security. Over the years

since Oslo there has been a limited effort on behalf of the Israeli government and their

armies in the West Bank to prevent settler encroachments on Palestinian land, as dictated

in previous international agreements (Samera 2006; Shehadeh 2007; Sacco 2008; Furani

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Leslie AderIP502Dr. DeloffreCapstone Proposal: Conflict Assessment& Raboniwitz; Ostrovsky 2011; Sarah 2012). Based on these agreements the positions of

the Palestinian communities in the West Bank are the following:

1. Jewish settlements’ are illegal under international law

2. the settlements’ pose a domestic security threat to their safety

3. the presence of the Israeli army is illegal and furthermore the army’s

continued presence is an “occupation” that of a foreign power

4. current occupation laws that are enforced are not germane

5. the current presence of the Jewish settlers must be removed for the

Palestinian-Arab people have the historical claim via longevity of residence

6. Israel is internationally bound to follow the Two State plan and other

international agreements in relation to land transfer and the right to exercise

Palestinian self-determination

The main interest for the Palestinian communities in the West Bank is gaining the

international community’s attention to the continual suffering of Palestinians. It is also to

gain help from the international community to pressure Israel into implementing

international agreements relating to legal jurisdiction and land holdings. In order to

obtain control over the “pre-designated land” for transfer as dictated in previous

international agreements2 the Israeli government would have to demolish hundreds of

Jewish settlements that are located across the Green Line that separates legal jurisdiction

between Israel and the Palestinian Authority (Samera 2006; Shehadeh 2007; Sacco 2008;

Furani & Raboniwitz; Ostrovsky 2011; Sarah 2012). This would allow the Palestinians

2 Oslo II, Hebron Agreements, Taba Agreement and the 2003 Road Map to Peace Agreement

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Leslie AderIP502Dr. DeloffreCapstone Proposal: Conflict Assessmentre-gain control over the disputed lands within the West Bank after years of Occupation.

Palestinians have been unable to meet physical and psychological-emotional needs as

human beings. Families who live near the settlements are vulnerable to shootings, raids,

death threats and acts of vandalism that are committed by Jewish settlers regularly in

Palestinian towns like Hebron, Ramallah, and Asira al-Qibliya (Samera 2006; Shehadeh

2007; Sacco 2008; Furani & Raboniwitz; Ostrovsky 2011; Sarah 2012).

However in both refugee camps and in Palestinian towns, living space, water, and

mobility is limited due to the amount of Jewish settlers (Samera 2006; Shehadeh 2007;

Sacco 2008; Furani & Raboniwitz; Ostrovsky 2011; Sarah 2012).

Stakeholder 2: Jewish Settler Communities

Jewish settlers, like the Palestinians, have a similar religious position in relation to land

claims. On the other hand, some Israeli settlers insist that the West Bank belong to the

State of Israel based on the “rules of conquest” (Rokach 1984, Ben-Ami 2006, Benin

2005, Ostrovsky 2011, Sarah 2012). Both positions are common place in the several

settler communities, particularly in the remote outposts where Zionist settlers intend to

squat out long enough to gain the protection of the Israeli government, which is the

position of the Zionist group, the Hill Boys (Rettman 2012). Their positions are clear as

displayed in their vandalism upon Palestinian school walls and mosques. As for their

interests, it is the same as other less radical settlers. Most of the settlers who were

interviewed claim that their main motivation for living in the settlements is that of

government tax breaks more than religion, and displacing Palestinians are just a small

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Leslie AderIP502Dr. DeloffreCapstone Proposal: Conflict Assessmentperk (Rokach 1984, Ben-Ami 2006, Benin 2005, Ostrovsky 2011, Sarah 2012). However,

for the Hill Boys this is the main goal for the settlements, expelling all Arabs from the

West Bank for the Zionist cause, in order to create a larger Ersatz Israel (Rokach 1984,

Ben-Ami 2006, Benin 2005, Ostrovsky 2011, Sarah 2012). It is clear that the key needs

for both parties within the Jewish settler community are not that of security from the

Israeli government, but the human need for living space. But, little has been done to

prevent the abuses of this physical need.

II. Secondary Stakeholders

Stakeholder 3: Israeli President: Benjamin Netanyahu

In recent years Prime Minister Netanyahu has implemented ad hoc domestic polices

within the territories along with his bi-polar attitude toward international peace

agreements. His positions on peace process in relation to settlements have always been

ambiguous, for in 2004 he agreed to Ariel Sharons Unilateral Disenagament plan; which

included perdical dismantlement of settlements. In 2009, Netanyahu remarked that “his

cabinet already had achieved several notable successes, such as the establishment of a

working national unity government, and a broad consensus for a "Two-state solution”

(Ravid 2009, Likud Archives-About Netanyahu CPER 2013). However, in 2012, this

‘unity or consensus’ has fallen apart, thus depriving the Likud party will 11 less seats

going to the liberal Labour party; weakening Netanyahu’s power within the Knesset on

policy (Likud Archives-About Netanyahu, Likud Archives- About Settlements

2013CPER 2013). This was clearly displayed when the 2012 proposal to legalize

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Leslie AderIP502Dr. DeloffreCapstone Proposal: Conflict Assessmentoutposts in the West Bank was fervently rejected by the Knesset. Despite this, the prime

minister

continued to oppose any form of the peace process and has openly rejected Oslo B at the

same time claiming that he would abide by the 2003 Road to Peace Plan (Rabinovitch,

Ravid 2009; Dougherty 2010).

Netanyahu on numerous occasion has condemned peace agreements (Oslo I&II,

Hebron Agreement) in relation to the lands that were “designated to be transferred to the

Palestinians” in the West Bank that “they belong and should stay under Israeli

sovereignty”. This displays his clear interest in expanding Israeli borders back to the

1967 borders (Ravid 2010, Kessler 2012, Likud Archives-About Netanyahu 2013). This

would be a personal victory since Netanyahu himself fought in the war, which for him

would fulfill his psychological religious needs of becoming the “modern Zionist war

hero”. This would also benefit him in relation to re-gaining the 11 lost seats if not more in

the next election.

Stakeholder 5: International Community

The last set of stakeholders would be that international community: particularly

UN and its institutional branch, the Security Council. In recent years, the UN had made

several rulings in relation to the legality of the settlements, as well as bringing the

attention to the humanitarian crisis, and yet it still persists based on the Israeli

government’s lack of will to restrict settlements, despite the external pressure placed

upon Israel by several regional sub-actors of the International community. At the same

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Leslie AderIP502Dr. DeloffreCapstone Proposal: Conflict Assessment

time, most of the Peace Agreements between Israel and her Arab neighbors have been

brokered/mediated by the United States (Camp David Agreements I & II, Oslo I & II and

he current 2003 Two state plan) (Helmreich 2003). But, the US has not been a truly

impartial mediator, for their security interests within the Middle East rely heavily on

Israeli dominance in the region.

The UN position’s over the years has been consistent in complaints over the

humanitarian crisis within the West Bank and the refugee camps within the Occupied

Territories that are administered by the UNRWA and other NGO’s (Amnesty

international and Peace Now). These organizations have been the most vocal in their

concerns for both human and civil right violations perpetrated by the occupation

government. The UNRWA reports claim that the Palestinians are living within “bare

life3” with limited access to basic needs like proper shelter, food, jobs, living space,

healthcare and water. Both Amnesty International and Peace’s reports have provided

corroborating evidence with the same reports of: continued growth in settlements, settler

violence (both latent and violent) is on the increase, settlers have monopolies on the

water sources, continued presence of Israeli forces (both military and IDF), military

check points, limited movement, etc… Under such circumstance the UN had filed for an

investigation into the legality of the settlements (Nur, Karsh 2000, Ben-Ami 2006,

UNWRA 2011,CPER 2013).In 2004, an advisory opinion by the International Court of

Justice( ICJ) ruled that:

3 Homines sacri or bare life means that a population in “unlivable conditions” due to being seen as expendable

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Leslie AderIP502Dr. DeloffreCapstone Proposal: Conflict Assessment

“Israel has exceeded their obligations under international law by establishing and

allowing further settlements in the West Bank furthermore, that Israel’s premise of “state

security” or right of self-defense does not excuse the Israeli government and it’s

“occupation regime” within the West Bank, under international law. Additionally that

under the occupation government Palestinian’s basic human rights of have been denied

them via the mobility to travel (exception of Israeli citizens) and their exercise of the

right to work, to health, to education and rights to have standard of living (i.e. access to

food water and security)(International Court of Justice 2004)4”

Under such pretense, the UN has made their position very clear in relation to

Israeli settlements in the West Bank, in addition that it would be in the best interests of

all nation states, particularly those involved to: cohesively abide by international law in

order to pressure the Israeli government into fulfilling and to implement previous peace

agreements in relation to settlements, in order to ensure stability of human security in

such a volatile environment where deep rooted hatreds lie. The debate over settlements

has great potential for igniting latent conflict in such a ripe environment for civil discord,

one act could be a catalyst to a bigger problem, an Intifada.

4 For the formal charges refer to the background section

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Leslie AderIP502Dr. DeloffreCapstone Proposal: Conflict Assessment

III. Policy Recommendations:

Conflict usually escalates when certain stakeholder interests or needs are not met.

In this case both the Israeli and the Palestinian communities want similar human-

domestic security within their living space. The best solution to evade any possible

outbreak of violence would be to try and find a way to give Israeli settlers protection

while simultaneously guaranteeing them security near their Palestinian neighbors. At the

same time Palestinian community is subject to accordance to both Israeli law and

international law.

IV. Policy Recommendations

The only policy that could possible de-escalate the contention over settlements is

for Israel to implement the previous international treaties5 and abide by Security Council

Resolutions and UN Resolutions6which address the following: refugees, establishing self-

autonomy in the West Bank and calls for the withdrawal of Israel from the disputed

territories (West Bank and Golan Heights). If Israel cannot follow through on these

agreements the next possible option would be for the Knesset to re-implement the 2004

Unilateral Disengament Plan to dismantle the newly built settlements and ‘squatter’

outposts. An additional measure that is recommended is to provide a disincentive for

settlers, living and those who hope to settle in the West Bank by: remove settler tax cuts,

prohibit the use of guns in the West Bank, and reduce the amount of IDF members only

in the West Bank. Each of these of these disincentive will help undermine the legitimacy

5 Oslo I & II, Foruth Genvea Convention, Hebron Agreements, Taban Agreement and the 2003 Roadmap to Peace6 UN Resolutions 446 and Secuety Council 313 and 242

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Leslie AderIP502Dr. DeloffreCapstone Proposal: Conflict Assessmentof all settlements as well as the financial incentives that have driven settlers to move into

the West Bank. Lastly, if possible the Palestinian representatives of the UN Observer

team can try to lobby other states to place lateral pressure on Israel to implement

international treaties.

While these policy recommendations may be basic, it is crucial that they are to be

followed; in order to prevent any further escalation of conflict in a volatile region of the

world.

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Leslie AderIP502Dr. DeloffreCapstone Proposal: Conflict Assessment

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