by Mitchell Plitnick
In an earlier article I discussed the apoplectic reaction by the United States to the Palestinian decision to send letters of accession to fifteen international conventions and treaties. This was condemned by Samantha Power in congressional testimony as a threat to Israel. Earlier, a White House spokesman had equated this Palestinian move with Israeli settlement expansion and reneging on the agreed release of prisoners by calling both moves “unhelpful, unilateral actions.”
So let’s examine these unilateral steps by the Palestinians and what existential threat they pose to Israel. Here is the list of the fifteen conventions that the Palestinians want to become a party to:
- The Four Geneva Conventions of 12 August 1949 and the First Additional Protocol
- The Vienna Convention on Diplomatic Relations
- The Vienna Convention on Consular Relations
- The Convention on the Rights of the Child and the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in armed conflict
- The Convention on the Elimination of All Forms of Discrimination against Women
- The Hague Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations Concerning the Laws and Customs of War on Land
- The Convention on the Rights of Persons with Disabilities
- The Vienna Convention on the Law of Treaties
- The International Convention on the Elimination of All Forms of Racial Discrimination
- The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- The United Nations Convention against Corruption
- The Convention on the Prevention and Punishment of the Crime of Genocide
- The International Convention on the Suppression and Punishment of the Crime of Apartheid
- The International Covenant on Civil and Political Rights
- The International Covenant on Economic, Social and Cultural Rights
As you can see, the Palestinian applications do not affect Israel in any way. In fact, the Palestinians went out of their way to avoid impactful applications, such as to the Rome Statute (which would allow them to bring war crimes charges against Israel to the International Criminal Court) or to any United Nations bodies (which, thanks to Israel’s bought-and-paid-for US Congress would force the United States to suspend funding to any such bodies, as it did in response to UNESCO accepting the Palestinians in 2011).
If we want to really stretch our imaginations, we can come up with two things Israel might be concerned about. One is that by joining these conventions, Palestine looks a little bit more like a state. The second is that if Palestine is a signatory to the Geneva Conventions, it helps to undermine Israel’s argument that the Conventions don’t apply to the Occupied Territories because after the 1948 war, they were merely occupied by other countries, rather than being truly part of a neighboring state.
But those imaginative leaps don’t amount to much, because even if they were Israel’s concerns — and they’re not — they’d be very minor. The accession to these conventions would be nothing next to the UN General Assembly’s decision to admit Palestine as a “non-member observer state” in November 2012. And no one who takes international law seriously buys Israeli arguments that the Geneva Conventions don’t apply to the Occupied Territories.
No, Israel’s concerns are that the Palestinians took an action that Israel did not agree to, and that the action they took is a reminder that the Palestinians can, any time they wish to, apply for accession to the Rome Statute, which Israel clearly fears.
There’s a real irony in the Israeli and US reactions. Ethically, and as a way to take some sort of action, the Palestinian decision is beyond reproach. But strategically, the particular conventions they applied to could cause some problems for them. The fact is, the Palestinian Authority (PA), from its inception, has had major problems with human rights. As attorney Darryl Li explains, “Many of the human rights agreements Abbas signed have monitoring mechanisms whereby committees of experts monitor state compliance through periodically holding hearings and issuing reports.” Israel, which has never been concerned about hypocrisy, will no doubt use such reports to attack the PA while condemning the same bodies when they issue reports critical of themselves.
That aside, the real issue here is that the United States is criticizing and threatening the Palestinian Authority for signing conventions committing them to international law, protecting human and civil rights, and agreeing to diplomatic norms. At the same time, Israel reneges on its commitments to the US, expands settlements and threatens to withhold tax monies from the Palestinians that Israel is not legally entitled to control, and the US expresses mild displeasure but threatens absolutely no action in response.
All of us who have followed this conflict for any length of time have likely become jaded by the US double standard. That’s why it’s worthwhile to examine what’s happening when that double standard is this blatant. We need to remember how much of a problem it really is.
Photo: US Secretary of State John Kerry and Palestinian Authority President Mahmoud Abbas shake hands before a meeting in Paris, France, on February 19, 2014. Credit: State Department/Public Domain