Alan Dershowitz: Obama Explains–And Makes It Worse

“It is going to require wrenching compromise from both sides. In the last decade, when negotiators have talked about how to achieve that outcome, there have been typically four issues that have been raised. One is the issue of what would the territorial boundaries of a new Palestinian state look like. Number two: how could Israel feel confident that its security needs would be met? Number three: how would the issue of Palestinian refugees be resolved; and number four, the issue of Jerusalem. The last two questions are extraordinarily emotional. They go deep into how the Palestinians and the Jewish people think about their own identities. Ultimately they are going to be resolved by the two parties. I believe that those two issues can be resolved if there is the prospect and the promise that we can actually get to a Palestinian state and a secure Jewish state of Israel.”

This recent statement clearly reveals the underlying flaw in Obama’s thinking about the Israeli-Palestinian conflict. There is no way that Israel can agree to borders without the Palestinians also agreeing to give up any claim to a “right of return.” As Palestinian Prime Minister Salaam Fayyed once told me: each side has a major card to play and a major compromise to make; for Israel, that card is the West Bank, and the compromise is returning to the 1967 lines with agreed-upon adjustments and land swaps; for the Palestinians, that card is “the right of return,” and the compromise is an agreement that the Palestinian refugees will be settled in Palestine and not in Israel; in other words, that there will be no right to “return” to Israel.

President Obama’s formulation requires Israel to give up its card and to make a “wrenching compromise” by dismantling most of the West Bank settlements and ending its occupation of the West Bank. But it does not require the Palestinians to give up their card and to compromise on the right of return. That “extraordinarily emotional” issue is to be left to further negotiations only after the borders have been agreed to.

This temporal ordering – requiring Israel to give up the “territorial” card before the Palestinians even have to negotiate about the “return” card – is a non-starter for Israel andit is more than the Palestinians have privately asked for. Once again, President Obama, by giving the Palestinians more than they asked for, has made it difficult, if not impossible, for the Palestinians to compromise. Earlier in his administration, Obama insisted that Israel freeze all settlement building, despite the fact that the Palestinians had not demanded such action as a precondition to negotiating. He forced the Palestinians to impose that as a precondition, because no Palestinian leader could be seen as less pro-Palestinian than the American President. Now he’s done it again, by not demanding that the Palestinians give up their right of return as a quid for Israel’s quo of returning to the 1967 borders with agreed-upon land swaps.