Obama accelerates, Israel graduates, the West Bank separates

The question of the geographical scope of statistical data provided by Israel, which include data on the Golan Heights, East Jerusalem and Israeli settlements in the West Bank, was the subject of lengthy discussions within the OECD. A footnote will be included in all OECD documents containing statistical data on Israel stating that the data are supplied by and under the responsibility of the Israeli authorities and that their use by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law.

The use of the words “international law” is a welcome inclusion and a recognition of the need to abide by and be cognisant of existing international law in any future negotiations on the status of the West Bank.

It is a pity the OECD statement chose not to identify the applicable international law - which includes:

• the San Remo Conference;
• the Treaty of Sevres;
• the Mandate for Palestine;
• the United Nations Charter; and
• Security Council Resolution 242.

Under Article 6 of the Mandate for Palestine, and article 80 of the United Nations Charter, Israel is legally entitled to encourage close settlement by Jews in areas of the West Bank that are State lands and waste lands not required for public purposes.

The OECD has acknowledged - by omitting any reference to Gaza - that Gaza is an area outside the physical control of Israel. This confirms Israel’s position that it is no longer responsible for - or obligated in any way to look after - the future welfare of Gazan Arabs after its total withdrawal from Gaza in 2005.

Hamas has governed Gaza since forcefully removing the Palestinian Authority in 2007. Hamas must accept the consequences of that decision and Gazan Arabs the consequences of having elected Hamas. Gaza needs to conduct its future trade, seek freedom of passage and growth through its common border with Egypt and not rely on Israel to provide any of its existing or future needs.

Israel’s admission to the OECD comes at an important time as Israel steels itself to make further concessions to the Palestinian Authority without any meaningful tangible concessions being received in return.

“Goodwill gestures” will be sought by the Obama administration from Israel - as Obama and his administration accelerate into the proximity negotiations.

These will include:

• the release of more prisoners;
• removal of more checkpoints;
• the extension of full Palestinian Authority civil and security control beyond Area A - the 17 per cent of the West Bank which currently houses 55 per cent of the Arab population of the West Bank - into Area B - which constitutes 24 per cent of the West Bank and 41 per cent of its Arab population where the Palestinian Authority does not presently exercise security control; and
• curbs on construction of houses and public facilities for Jews in Area C - the remaining 59 per cent of the West Bank where only 4 per cent of the Arab population lives and where the Palestinian Authority possesses no civil or security control.

It would appear that Obama has effectively given up on Gaza and the two-state solution.