The Trump administration is pushing through with steps aimed at dismantling the Palestinian problem as was underlined recently by the US State Department’s Human Rights report for 2017. For the first time since 1979, the report, released on April 20, refrained from describing the West Bank, including East Jerusalem, and Gaza Strip as occupied territories. Instead, the report introduces two sections: “Israel and the Golan Heights” and the “West Bank and Gaza”. In the past, the report listed one section entitled “Israel and the occupied territories.”
The change elicited only a subdued reaction from the Palestinian National Authority (PNA), which decried the policy change and accused the US of adopting Israel’s position. There were no reactions from Arab, Muslim and Western governments.
The State Department justified the change by saying that the report was “simply catching up to what is now standard practice in the administration.” But what does that mean? By directly linking Israel to the Syrian Golan Heights, which the former had annexed in 1981, the State Department is recognising the de facto annexation. It justified such link by stating that Israel is applying its civilian law on the Golan Heights, unlike the West Bank where Israeli military law is implemented on “non-Israeli citizens” in reference to the native Palestinians.
It is no secret that the change came as a result of pressure from US ambassador in Israel David Friedman who reportedly has asked that the State Department to drop the word “occupation” when referring to Israel’s presence in the West Bank. Last year Friedman referred to Israel’s policy in the occupied territories as “alleged occupation.” As farcical as this claim is it proves that the ultra-Orthodox Jewish envoy, who resides in an illegal West Bank colony, now has considerable sway over US policy on Israel.
In the 2016 report the word “occupation” was used 46 times. The latest report uses the word only six times. In one such example the report states: “Israeli authorities did not permit Palestinians who were abroad during the 1967 war or whose residence permits the Israeli government subsequently withdrew to reside permanently in the occupied territories.”
And when it comes to illegal Israeli colonies in the West Bank the report refers to “Israelis living in West Bank colonies.” Furthermore, the section on the West Bank and Gaza deals almost entirely with PNA and Hamas policies and human rights violations as if Israel has no presence or control over these areas.
And when it comes to Israeli practices against the Palestinians, the report points to “allegations” including arbitrary arrests, demolitions of Palestinian homes, confiscation of Palestinian property, interrogations that used harsh techniques, and restricting Palestinians’ rights to peacefully assemble and protest. It is inconceivable that such documented practices can be described to as mere “allegations.”
The change in US policy is distressing, particularly for the Palestinians. It comes in the wake of last year’s recognition by the US president of occupied Jerusalem as Israel’s capital and his admission that the future of the city was now off the negotiations’ table. But the report tries to clarify the new US position as follows: “On December 6, 2017, the United States recognised [occupied] Jerusalem as the capital of Israel. It is the position of the United States that the specific boundaries of Israeli sovereignty in Jerusalem are subject to final status negotiations between the parties.”
The release of the report comes less than three weeks from the opening of the US embassy in West Jerusalem; a unilateral move that was condemned by the UN General Assembly, the Muslim world and Arab nations. The change in policy, as outlined by the report, reveals some features of the Trump Middle East peace deal, which the White House has recently said that it was almost ready.
But if not occupied then what is the status of the West Bank and, to a lesser extent, the Gaza Strip under US foreign policy? The general concept by pro-Israel US officials is that such territory is “disputed” and that its future will have to be negotiated by the two parties. But as Israel distances itself from commitments made under the Oslo Accords, which recognises pertinent UN resolutions on the conflict as reference points, the Trump administration is also making a similar pivot.
The fact of the matter is the State Department’s latest report paves the way for a 180 degree change in traditional US position on the occupied territories and adopts Israel’s Far Right stand. The latter believes in annexing most West Bank territory, leaving Palestinian population centres under limited self-rule. Israel will continue to maintain security over the entire West Bank and Gaza Strip regardless of any future agreement.
The shift in US policy is illegal under international law. No report or policy swing will change the legal status of the West Bank, Gaza and the Golan Heights. They remain under Israeli occupation and Israel bears full responsibility as an occupation authority for any breach of international laws and conventions.
What the US under Trump and Israel under Netanyahu are trying to achieve is the incremental dismantling of the Palestinians’ just cause. As dangerous as this process is, it will not succeed in changing international or legal positions. The US and Israel remain as isolated as ever on this issue while the majority of nations side with Palestinian rights.
Osama Al Sharif is a journalist and political commentator based in Amman.
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