by John V. Whitbeck | Dec 29, 2013
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News
reports continue to suggest that one of the primary roadblocks to any
agreement in the current round of Israeli-Palestinian negotiations is
the understandable Palestinian refusal to accept the Israeli demand that
Palestine explicitly recognise Israel as a, or the, “Jewish State” — a
legally and intellectually bizarre demand clearly intended to make any
agreement impossible.
Palestinian acceptance of this Israeli
demand would constitute explicit Palestinian acquiescence in permanent
second-class status for Palestinian citizens of Israel and in the
liquidation of the rights of millions of Palestinian refugees, as well
as implicit Palestinian acceptance that the ethnic cleansing of
Palestine was morally justified, which in turn would require conceding
that Palestinians are sub-humans not entitled to fundamental human
rights.
No Palestinian leader could accept this demand and survive. Israelis know that. That is why the demand is being made.
While few anticipate that the current
round of negotiations (which, according to Israeli press reports,
Benjamin Netanyahu now wants to extend for a further year beyond their
end of April deadline, so as to kill more time while building more
settlements) will produce anything, the state of Palestine could and
should take constructive action now to disarm the “Jewish State” gambit,
which the Israeli prime minister appears to view as his best hope for
shifting blame, at least in Western eyes, to the Palestinians.
The State of Palestine could and
should reiterate that Israel’s self-identification is a matter for
Israelis (not Palestinians) to decide and then publicly announce that
should Israel choose to change its official name from “State of Israel”
to “Jewish State of Israel”, the State of Palestine, while preferring
democracy as a matter of principle and hoping that Israel will, in the
future, become a fully democratic state, according equal rights, without
any discrimination based on race or religion, to all its citizens,
would persist in its efforts to end the Israeli occupation and would
enter into any agreements which might subsequently be reached with the
relabelled Israeli state.
Subject only to one exception noted below, all states are free to determine and embellish their “official names” as they please.
There are four official “Islamic
Republics”, the Islamic Republic of Afghanistan, the Islamic Republic of
Iran, the Islamic Republic of Mauritania and the Islamic Republic of
Pakistan.
Some official names are eccentric,
such as the Oriental Republic of Uruguay (so named because the country
is located on the eastern side of the Uruguay River) and the Bolivarian
Republic of Venezuela (so named, relatively recently, because Simon
Bolivar was Hugo Chavez’s personal hero).
Some official names are
counterintuitive to the point of absurdity, such as the Democratic
Republic of Congo and the People’s Democratic Republic of Korea ... or,
potentially, the “Jewish and Democratic State of Israel”.
In one case, a state’s official name
has been imposed by the United Nations as a condition for UN membership
and is rejected and not used by the state itself — the “Former Yugoslav
Republic of Macedonia”, which prefers to call itself the “Republic of
Macedonia” but whose right to use the name “Macedonia” is disputed by
Greece.
By choice, the Republic of Moldova and
the State of Palestine are listed in the UN’s alphabetical listings
among the Rs and Ss, respectively, while the Former Yugoslav Republic of
Macedonia is, involuntarily, listed among the Fs.
If a relabelled “Jewish State of
Israel” wished to emphasise its Jewish character by being listed among
the Js (as the State of Palestine has emphasised its state status by
being listed among the Ss), its wish would presumably be granted.
If formalising the status of Israel as
a “Jewish State” were a genuine concern of the Israeli government or a
deeply felt need of the Israeli people, and not simply a cynical gambit
to achieve and excuse failure in negotiations, and if the Israeli
government wishes to proclaim this status officially to the world, the
road is open and nothing is stopping Israel from achieving this on its
own.
However, Israel’s preferred
self-identification and official name are not matters in which the State
of Palestine has any role to play.
If the Israeli government does not
dare to proclaim its state officially “Jewish” (and accept the
concomitant risks of doing so), how can it demand that those whose
country has been conquered and colonised, and whose people have been
dispossessed and dispersed, make the State of Israel possible on its
behalf?
Whether or not the Palestinian
leadership in Ramallah has any hope (or fear) that the current round of
negotiations will produce anything, it should make the artificiality of
the Israeli government’s demand and the reasonableness of the
Palestinian refusal to accept it emphatically clear, in terms that the
international community, and particularly Western governments and
peoples, can understand.
The writer is an international lawyer who has
advised the Palestinian negotiating team in negotiations with Israel. He
contributed this article to The Jordan Times.