Opinion
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The cruel cease-fire charade

To achieve peace, the US and Israel must negotiate with Hamas in good faith

July 26, 2014 8:00AM ET

So far, the diplomatic effort to end the violence in Gaza has failed miserably, with Israel on Friday rejecting a cease-fire proposal from U.S. Secretary of State John Kerry. (On Saturday Israel and Hamas agreed to a 12-hour humanitarian pause in the fighting brokered by the United Nations.) Washington’s attempt is representative of the overall failure of American policy toward the Israeli-Palestinian conflict, only on this occasion the consequences can be measured in the growing pile of dead bodies and the widespread devastation that includes numerous homes, public buildings and even artillery damage to several United Nations schools sheltering Palestinian civilians.

The U.S. approach fails because it exhibits extreme partisanship in a setting where trust, credibility and reciprocity are crucial. Kerry is undoubtedly dedicated to achieving a cease-fire, just as he demonstrated for most of the past year in pushing for a negotiated peace agreement between Israel and the Palestinian Authority. Yet the United States exhibited its tendency toward extreme partisanship when it designated Martin Indyk, a former staff member of the America Israel Public Affairs Committee (AIPAC) and former ambassador to Israel, as the U.S. special envoy to the peace talks.

The U.S. approach up to this point to achieving a cease-fire in Gaza has been undertaken in a manner that is either woefully ignorant of the real constraints or callously cynical about their relevance. This is especially clear from the attempt to garner a cease-fire by consulting only one side, Israel — the party bearing the major responsibility for causing massive casualties and damage — and leaving Hamas out in the cold. Even if this is a consequence of Hamas being treated as “a terrorist entity,” it still makes no sense. When Israel wanted to deal with Hamas in the past, it had no trouble doing so — for instance, when it arranged the prisoner exchange that led to the release of the single captured Israeli soldier Gilad Schalit back in 2011.

The basic facts are astounding: The U.S. relied on Egypt as the broker of a proposal it vetted, supposedly with the text delivered personally by Tony Blair to President Abdel Fattah El Sisi in Cairo, endorsed by the Netanyahu government, and then announced on July 15 via the media as a cease-fire proposal accepted by Israel, without Hamas even knowing the details. It’s a diplomatic analogue to the theater of the absurd. Last July, then-General Sisi was the Egyptian mastermind of a coup that brutally cracked down on the Muslim Brotherhood and criminalized the entire organization. The Sisi government has made no secret of its unrelenting hostility to Hamas, which it views as an offshoot of the Muslim Brotherhood. It destroyed the extensive tunnel network connecting Gaza with the outside world to circumvent the punitive Israeli blockade that has been maintained since 2007. Is there any reason for Hamas to go forward with such a cease-fire arrangement? As some respected Israeli commentators have suggested, most prominently Amira Hass, the “normalization” of the occupation is what the Israeli military operation Protective Edge is all about. Hass suggests that Israel seeks a compliant Palestinian response to an occupation that has for all intents and purposes become permanent. Such  periodic shows of force aim to break once and for all the will to resist, associated with Hamas and its rockets. 

Some years ago I heard former British Prime Minister John Major say that he made progress toward peace in Northern Ireland only when he stopped treating the Irish Republican Army as a terrorist organization and began dealing with it as a political actor with real grievances.

Even more telling, the cease-fire’s terms were communicated to Hamas via the media, making the proposal “take it or leave it.” It also ignored the reasonable conditions Hamas had posited as the basis of a cease-fire it could accept. These conditions included ending the unlawful seven-year siege of Gaza, releasing prisoners arrested in the anti-Hamas campaign prior to launching the military operation on July 8, and stopping interference with the unity government that brought Hamas and the Palestinian Authority together on June 3. Kerry, by contrast, has urged restoring the cease-fire text that had been accepted by both sides in November 2012 after the previous major Israeli military attack upon Gaza.

Hamas’ chief leader, Khaled Meshaal, has been called “defiant” by Kerry because he would not go along with this tilted diplomacy. “Everyone wanted us to accept a cease-fire and then negotiate for our rights,” Meshaal said. This was tried by Hamas in 2012 and didn’t work. As soon as the violence ceased, Israel refused to follow through on the cease-fire agreement that had promised negotiations seeking an end of the blockade and an immediate expansion of Gazan fishing rights.

In the aftermath of Protective Edge is it not reasonable, even mandatory, for Hamas to demand a firm commitment to end the siege of Gaza? Israel as the occupying power has an obligation under the Geneva Conventions to protect the civilian population of an occupied people. Israel claims that its “disengagement” in 2005, involving the withdrawal of security forces and the dismantling of settlements, ended such obligations. Such a position is almost uniformly rejected in the international community, since the persistence of effective Israeli control of entry and exit, as well as air and sea, and violent incursions amounts to a shift in the form of occupation — not its end. Israel is certainly right to complain about the rockets, but it is wrong to impose an oppressive regime of collective punishment on the civilians of Gaza.

In “Turkey Can Teach Israel How to End Terror,” an insightful July 23 article in The New York Times, the influential Turkish journalist Mustafa Akyol drew from the experience of his country in ending decades of violent struggle between the insurgent Kurdistan Workers’ Party (PKK) and the Turkish state. Akyol “congratulated” Turkish Prime Minister Recep Tayyip Erdogan (while taking critical note of his “growing authoritarianism”) for ending the violence in Turkey two years ago by agreeing with the imprisoned PKK leader, Abdullah Ocalan, to initiate negotiations in good faith and abandon the “terrorist” label. Some years ago I heard former British Prime Minister John Major say that he made progress toward peace in Northern Ireland only when he stopped treating the Irish Republican Army as a terrorist organization and began dealing with it as a political actor with real grievances. If a secure peace is Israel’s true objective, this is a lesson to be learned and imitated.

Just as with the peace process itself, the time has surely come for a credible cease-fire to take account of the views and interests of both sides, and bring this barbaric violence to an end. 

Richard Falk is Albert G. Milbank Professor Emeritus of International Law at Princeton University and research fellow at the Orfalea Center of Global & International Studies at the University of California, Santa Barbara. He is also the United Nations special rapporteur on Palestinian human rights.

The views expressed in this article are the author's own and do not necessarily reflect Al Jazeera America's editorial policy.

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