Why the Gaza Truce Failed

[U.S. Secretary of State John Kerry shakes hands with Palestinian Authority President Mahmoud Abbas in Ramallah, West Bank, on July 23, 2014, before the two sat down for a discussion about a cease-fire in fighting between Israel and Hamas in the Gaza Strip. Image by United States Department of State.] [U.S. Secretary of State John Kerry shakes hands with Palestinian Authority President Mahmoud Abbas in Ramallah, West Bank, on July 23, 2014, before the two sat down for a discussion about a cease-fire in fighting between Israel and Hamas in the Gaza Strip. Image by United States Department of State.]

Why the Gaza Truce Failed

By : Mouin Rabbani

It will likely be some time before we learn the details of the Cairo negotiations over a Gaza cease-fire, which collapsed on Tuesday. Israel claims that Palestinian armed groups subsequently fired the first projectiles. The Palestinians accuse Israel of sabotaging the talks because it believed it had a rare opportunity to assassinate Hamas military commander Mohammed Deif, launching seven guided missiles on a home in Gaza City’s Shaikh Radwan housing project that killed Deif’s wife and infant son.

But even if the Palestinian contention on the Deif strike is correct, it does not explain why several weeks of negotiations in Cairo between the two sides failed to produce an agreement. Nor does pointing out Egypt’s bias as a mediator because of its animosity toward Hamas offer much of an explanation. Once the negotiations commenced, Egypt’s overriding interest was to ensure their success and confirm its position as sole mediator. In order to help the talks succeed, in fact, Egypt introduced substantial modifications to the initial proposal that it had coordinated with former British Prime Minister Tony Blair and Israeli Prime Minister Benjamin Netanyahu and that had been rejected by Hamas.

A more persuasive explanation for the renewal of hostilities lies in the poor performance of the Israeli military. Despite conditions most military planners would salivate over — a poorly equipped enemy enclosed within a minuscule territory about which Israel has a half-century of comprehensive intelligence — Israel failed to achieve any significant objective in several weeks of nearly continuous bombardment and a limited ground invasion. And that is without any restraints from international, regional or domestic political pressure. Unable to deliver a serious blow to Palestinian armed groups or even demoralize them, Israeli leaders were reduced to presenting body counts that the United Nations says were mostly civilians and the destruction of residential neighborhoods as military achievements. Netanyahu’s quest to negotiate the victory in Cairo that has eluded him in Gaza was therefore doomed from the start.

Available reports coming out of the Cairo talks indicate that the Palestinian delegation showed flexibility on the implementation of any agreement, provided it entailed the removal rather than simply relaxation of the siege of the Gaza Strip. But any such truce, even if it conformed with the international consensus on ending the blockade of Gaza, would pose a major domestic political risk to the Israeli leader.  

Palestinian analyst Khalil Shaheen of the Palestinian think tank Masarat said, “It would be very difficult for Netanyahu to sign an agreement whose main element is the end of the siege and makes no mention of Palestinian disarmament and continue to declare victory.”

Not only would Israeli public opinion turn against him, but — particularly with Deif apparently having survived the attempt on his life — so would Netanyahu’s fractious coalition partners. That much was made clear during the talks, when Foreign Minister Avigdor Lieberman, who still publicly advocates for an Israeli tank on every Gazan street and has criticized the prime minister’s handling of the Gaza operation, leaked a copy of Egyptian cease-fire proposals that Netanyahu and his defense minister had tried to keep hidden from their Cabinet colleagues.

Shaheen questions whether Israel would have been prepared to accept any agreement in Cairo. “Even one that meets all of Israel’s conditions would have been concluded with a unified Palestinian delegation, thereby recognizing the Palestinian Authority government Netanyahu has been urging the world to shun and whose removal has been one of his main objectives,” he said.

In April a reconciliation agreement between Hamas and President Mahmoud Abbas’ Fatah resulted in the appointment of a government under Abbas but staffed by nonpartisan technocrats — a development fiercely opposed by Israel. That agreement meant Hamas accepted the principle of Palestinian Authority security forces managing the crossings into Gaza.

Hamas and other Palestinian armed groups vowed to launch a war of attrition if Israel refused to lift the blockade, and they made good on that threat this week by firing new salvos of rockets. A Hamas military spokesman stated that Egyptian mediation has run its course. With the situation in the Strip desperate even before the latest fighting, Palestinian factions there assess that Gaza’s population — which deeply desires an end to the siege — will prove more resilient than an Israeli society and economy less unaccustomed to regular disruptions of normal life. 

Similarly, they believe Israel will find it difficult to escalate its military blows in the Gaza Strip because of the risk of triggering widespread unrest in the West Bank and among Palestinians in Israel, the threat of being targeted from Lebanon and the growing Western reluctance to be associated with an Israeli campaign that has already triggered international calls for war crime investigations. Israel also risks complicating its relationship with Cairo if it walks away from the Egyptian cease-fire mediation in which Abdel Fattah El Sisi’s government has invested diplomatic prestige.

Israel is now left with three options, according to Hani al-Masri, director of Masarat: It could return to the table in Cairo, seek a UN Security Council resolution similar to the one that ended the 2006 Lebanon conflict (requiring the disarming of Hezbollah, which never materialized) or unilaterally declare a cessation of hostilities while relaxing the siege in meaningful ways through reconstruction efforts led by the Palestinian Authority and international community. He points out that within the Israeli government, aversion to agreement with Hamas spans the political spectrum, from Lieberman on the right to the more centrist negotiator Tzipi Livni. Whether an increasingly confident Hamas will accept such arrangements or can be pressured to do so by those who can offer to end its regional isolation is more difficult to predict.

Masri does not take seriously the possibility of a full-scale invasion of Gaza because the Israeli government does not have a credible exit strategy if it pursued that option.

Although Netanyahu shut down the most recent American attempt to revive a political horizon through negotiations with Abbas, his Gaza offensive has inadvertently put the need for a political solution to the conflict back on the international agenda.

At his press conference on 20 August, in which he had presumably hoped to announce the assassination of Deif, Netanyahu stated, “I hope Abbas will have a significant part in the new diplomatic horizon. I expect to start talks with a Palestinian government which can abandon the path of terror, and that is a part of a big package that I am talking about” — one more attempt to entice Abbas away from the reconciliation agreement with Hamas that is causing Netanyahu such grief, and also a vague gesture that on account of his own agenda and that of his coalition he is unwilling and unable to deliver on. That same day Israeli forces entered the El-Bireh home of PA Member of Parliament Khalida Jarrar, located only a few hundred meters from Abbas’s presidential compound – in an area in which the PA is supposed to exercise full jurisdiction – and served her with an order banishing her to Jericho.

 

[This article was originally published by Al Jazeera America.]

 
  • ALSO BY THIS AUTHOR

    • Quick Thoughts: Ongoing Post on the War on Gaza

      Quick Thoughts: Ongoing Post on the War on Gaza

      This is an ongoing post, updated periodically, in which Editor of the Quick Thoughts Series on Jadaliyya provides commentary on the war on Gaza. This commentary may or may not appear elsewhere on the author’s social media.

    • European countries recognition of Palestine: too little too late?

      European countries recognition of Palestine: too little too late?

      Marc Lamont Hill discusses the latest move towards recognising Palestinian statehood with analyst Mouin Rabbani.

    • ICC War Crimes Charges a Milestone but Falls Far Below Expectations

      ICC War Crimes Charges a Milestone but Falls Far Below Expectations

      The ICC Prosecutor’s applications for arrest warrants regarding the Situation in Palestine represent a milestone. But they are of little credit to Prosecutor Karim Khan. It is abundantly clear that Khan has been sitting on this file for years, hoping it would simply disappear. Two matters forced his hand. First, his 2023 indictments of senior Russian officials despite a previous pledge that he would only pursue cases referred to his office by the United Nations Security Council and ignore the rest – particularly the investigations concerning Afghanistan and Palestine that were opposed by the US and UK.

Setting New Precedents: Israel Boycotts Human Rights Session

The Universal Periodic Review (UPR) is a unique mechanism that intends to review the behavior of states without distinction. The UN General Assembly established it in 2006 as part of the functions of the Human Rights Council. It is a state-driven process to comprehensively assess a state`s compliance with human rights law. The Human Rights Council is to hold three two-week sessions each year during which time they review the files of sixteen member states. Accordingly each state will undergo the review every three years. As of 2011, all 193 UN member states had undergone a review.

The Human Rights Council conducted Israel`s UPR in 2009.  In response to the findings, Israel`s ambassador to the UN explained that it took the Review process "very seriously" because it is "an opportunity for genuine introspection, and frank discussion within the Israeli system" 

Israel`s second UPR is scheduled to take place in 2013. A coalition of Palestinian human rights organizations submitted their concise report on Israel`s violations between 2009 and 2012.  This document will not be read, however, because Israel is boycotting the UPR, citing bias.  In May 2012, Israel described the Human Rights Council as “a political tool and convenient platform, cynically used to advance certain political aims, to bash and demonize Israel.”

Israel`s condemnation of the Human Rights Council followed the body`s initiation of a fact-finding mission to investigate the impact of settlements in the Occupied Palestinian Territory. Today, the Council released its report at a press conference in Geneva. It states that Isreal must cease all of its settlement activity  "without preconditions" and  "must immediately initiate a process of withdrawal of all settlers", or face prosecution before the International Criminal Court. Sources in Geneva tell me that Israel`s threats of boycott aimed to derail the Council`s fact-finding mission`s report. Failing to do that, Israel unilaterally withdrew from its Universal Periodic Review all together.

This is not Israel`s first attack on the UN. It has cited bias in the past in response to the UN`s critique of its human rights violations, specifically after the World Conference Against Racism (2001); the International Court of Justice proceedings on the route of the Separation Barrier (2004); denial of entry to Special Rapporteur to the OPT, Richard Falk (2008); and its refusal to cooperate with the Human Rights Council`s fact-finding delegation to Gaza in the aftermath of Operation Cast Lead (2009). 

Israel is unique for its boycott, which evidences the tenuous nature of the voluntary compliance process. In fact, human rights advocates and governement officials worry that Israel will open the door to non-cooperation by other states. The battle for accountability continues even in the UN. Despite its acceptance of international law & human rights norms, even within the multilateral human rights body, the last word on human rights matters is political.