Framework for a Sensible Israeli-Palestinian Solution

By Robert Baird
San Jose, CA

After more than 40 years of stalemate, it should be clear that neither a purely two-state nor a purely one-state solution will work in the long run; significant portions of both populations dislike one solution or the other. Therefore, a hybrid solution is required, which would eliminate the most contentious aspects of both pure solutions.

Without some form of confederacy to join Israelis and Palestinians, a two-state solution will last but a few years, at best, before yet another round of hostilities breaks out. There must be a framework put in place, as part of any two-state solution, which would provide both peoples with a vested interest in peacefully resolving their own issues.

It should also be clear that Israel and the Palestinians are currently incapable of visualizing a mutually beneficial solution and reaching an agreement by themselves. The United States should take a visionary role in crafting the framework for such a solution.

Major Problems

Demographic Threats

Both Jews and Arabs see demographic threats facing Israel, Jerusalem, and the West Bank. However, Jews and Arabs see these threats quite differently. Jews see Arabs eventually turning Israel into an Arab state, potentially a Muslim theocracy, and fear that an Arab majority will destroy the Jewish character of Israel. Arabs fear that Jews will eventually squeeze them out of Jerusalem and replace the Al-Aqsa compound with the Third Jewish Temple. To both Jews and Arabs, these demographic threats, however exaggerated, are real. Unless the Israeli/Palestinian solution addresses these threats, the consequences will be explosive.

Ethnic Tensions and Security

Israel has been struggling to find a way to keep portions of the West Bank for two main reasons: security and to avoid disrupting large Jewish settlements. But holding onto significant portions of the West Bank does nothing to solve the demographic problem, does not provide long-term security, and will satisfy neither Jewish settlers nor Palestinians. A growing number of extremist Jews have even proposed to move Arabs out of Israel to solve the impending demographic problem. But ethnic cleansing, in any form, can never be taken seriously by a Jewish state. And yet, Israel must find a way to remain a Jewish state; a safe haven for the future of Jews and Judaism.

Basic Solution

In crafting a solution, reciprocity is a key underlying concept. Whatever is good for one must be paired with something of a similar kind and of equal value to the other. Reciprocity must go beyond equality since
both parties do not value the same things in the same way.

Israel and the Palestinian state should form a Confederacy consisting of two sovereign states; Israel and a Palestinian state. Such a Confederacy would be subservient to both sovereign states and only take on responsibilities agreeable to both states. The Confederacy would be a non-political entity; a board of trustees and a collection of specifically chartered trusts agreed upon by both states. Articles of Confederation would codify basic principles that guide the structure of the Confederacy; reciprocal Israeli/Palestinian agreements, responsibilities of both states toward indigenous peoples, and basic laws regarding all residents. Although the Confederacy would have no enforcement powers, it would have investigative, auditing, reporting, and arbitration capabilities all of which would be done confidentially and non-politically. Enforcement would be the sole responsibility of each sovereign state.

Jews would have indigenous rights throughout the Confederacy and have semi-autonomous communities on the West Bank. Similarly, Arabs would have indigenous rights throughout the Confederacy and semi-autonomous communities in Israel. Jews could be citizens of Israel and Arabs could be citizens of the Palestinian state regardless of where they actually lived. All residents of Israel and the Palestinian state would be citizens their respective states and of the Confederacy.

Both states would agree on reciprocal population objectives and time-frames for implementing objectives. A reciprocal population formula solves the demographic problem: The ratio of Jews in a Palestinian state and Arabs in Israel must be equivalent over time.

Key Provisions

The West Bank and Gaza

Under such a Confederacy, it would not be necessary for Israel to annex any part of the West Bank because Jewish communities in a Palestinian state would be semi-autonomous and administered by Israel. Semi-autonomous Jewish communities, on the West Bank, would grow according to reciprocal population objectives. Regrettably, Gaza is not capable of joining a Confederacy of equals at this time. Israel would maintain security of borders with Lebanon, Syria, Jordan, Egypt, and Gaza for the foreseeable future.

Jerusalem

Israelis should not impede the Palestinian state from establishing its capital in East Jerusalem. Jerusalem would be the only city in history to be the capital of two different nations simultaneously. What a "Light Unto the Nations" that would be! Similarly, Israel should allow the Palestinian state to administer semi-autonomous Arab neighborhoods in Jerusalem so long as Jerusalem remains a single undivided municipality and the Municipality of Jerusalem can establish, grow, and maintain Jewish neighborhoods, as well as Arab neighborhoods, in East Jerusalem. Israel would maintain security responsibilities for the entire city for the foreseeable future.

The Walled City and Temple Mount

The walled city and the Temple Mount must be free from all political activity. And the Temple Mount must also be free from commercial activity. Politics and commerce in such a historically volatile place would be lightning-rod for hostilities. Muslims, Jews, and Christians must all have reasonable, unencumbered access to the Dome of the Rock; Jews and Christians are not tourists in this regard.

Finally, the walled city must be shared equally between Israel and the Palestinian state - and that includes the Temple Mount. Any solution must recognize all three Abrahamic religions as indigenous. Therefore, all three major Abrahamic religions must be represented on the Temple Mount.

Accordingly, Palestinians should not impeded Jews from building a significant Jewish shrine (not a third temple, a major synagogue, nor an Israeli monument) on some portion of the Temple Mount. Such a Jewish shrine would deflect interest in a Third Temple if there were truly any interest at all. Additionally, there should be portal on the Temple Mount for a possible connection between the Church of the Holy Sepulcher and
the Temple Mount.

Sacred Historical Sites

Under the Confederacy, there must be a “Heritage Trust” to guarantee access to, maintain, restore, and protect all sacred and historical sites in Israel, the Palestinian state, and especially Jerusalem. It must be composed of Israeli and Palestinian trustees with trustees representing all major religious heritages. Under the Heritage Trust, there would be a Jerusalem trust specifically dedicated to scared and historic sites in Jerusalem. Either state would have the right to disapprove the candidacy of any trustee.

Immigration and Refugees

The Palestinian refugee problem is a burning issue for all Arabs. However, many of those who claim to be Arab refugees of the 1948 war were temporary or migrant workers brought in from outside of historic Palestine; not truly Palestinian refugees. After 60 years, the problem has become more complex due to intermarriage and high birthrates. Even so, a just solution must be found for both true Palestinians and others who claim refugee status. Some of these refugees want to return, some want citizenship where they now live, and some want monetary compensation.

The Jewish refugee problem must also be acknowledged as part of any solution. Jews from North Africa and the Middle East, Mizrahi Jews, comprise more than half the Jewish population of Israel. These Mizrahi Jews were forced out of lands where they lived in Jewish communities that existed for millennia. Numerous Mizrahi Jews still live in substandard conditions throughout Israel. Most Mizrahi Jews simply want Arab governments to acknowledge their mistreatment but some also want compensation for homes and business left behind.

Under the Confederacy, Arab refugees could to return to the Palestinian state according to Palestinian law. Some refugees could also return to Israel, mainly to semi-autonomous indigenous Arab areas, with restrictions as determined by Israeli law and subject to population objectives agreed by Israel and the Palestinian state.
Previous permanent residents of what is now Israel would receive priority. All Arab returnees would be required to pledge their acceptance of Israel and the Confederacy as legitimate entities.

Those Arab refugees choosing not to return must be offered full rights by the nations where they now live. They should also be considered for monetary compensation in exchange for permanently renouncing their right of return.

In the future, Jews who permanently leave the Palestinian state and Arabs who permanently leave Israel at the request of their host state or because of hostile living conditions must be fully compensated by the state they left. In case of hostile living conditions, they must be given the right of return.

Water Resources

Management of water resources requires a regional approach; it cannot be done successfully alone by either state. Because of Israel’s technical capabilities, Israel should lead the effort for the foreseeable future. There must be a regional water management policy that favors neither state. However, the policy must be sufficiently flexible to allow each state to independently develop new water resources for itself without reducing access to the natural water supply.

Incitement of Violence

Furthermore, both states must agree on and vigorously enforce strong anti-incitement laws. Any person who purposely incites violence not only must be held responsible for the act of incitement but also for crimes committed in response to the incitement. Minimally, deliberate incitement of violence, without public apology, should result in expulsion. Nobody can be excused regardless of economic, political, or religious affiliation. Enforcement must be swift, public, resolute, unambiguous, and fit the crime.

International Relations

Any foreign nation that has diplomatic relations with either state would have diplomatic relations with both states. Clearly some nations, such as the United States, would have permanent diplomatic relations and others would be provisional. A foreign nation would have one embassy to serve both Israel and a Palestinian state, ideally in or around Jerusalem. Both Israel and the Palestinian state would be members of the United Nations with the provision that Israel be first to recognize the Palestinian state.

Summary

In summary, this hybrid solution would

• Remove demographic threats
• • Guarantee indigenous rights for both Peoples throughout the Confederacy
  • Establish population objectives based on a durable, reciprocal formula
• Give each People control over its own national and religious destiny
• • Give Jews long-term territorial and political control over Israel
  • Give Arabs long-term territorial and political control over Palestine
  • Give Jews the ability to maintain and grow their communities on the West Bank and in East Jerusalem within population
    objectives
  • Preserve and guarantee Arab rights in Israel and East Jerusalem
• Guarantee access to, protect, maintain, and restore sacred and historical sites particularly
• • Dome of the Rock and the Aqsa Mosque
  • Area of the Western Wall
  • Tomb of the Patriarchs, Joseph’s Tomb, and Rachael’s Tomb
  • Other sacred sites shared by Jews, Muslims, and/or Christians
  • Archeological sites regardless of national heritage
• Join Israel and the Palestinian state in a Confederacy of mutual benefit
• • Health and safety
  • Transportation and roads
  • Wildlife preserves and environmental protection
  • Disaster response and recovery
  • Other functions agreed by both states
• Diffuse tensions between Israel and Muslim states
• • Undermine anti-Semitic factions throughout the Muslim world
  • Provide Israel leverage in resolving disputes with Syria
    and Lebanon
• Provide a framework for widening the Confederacy to include Gaza, Jordan, and other neighboring states as conditions allow