Borders
At its
most basic level, the Palestinian-Israeli conflict remains a dispute
about land. Accordingly, the issue of territory is a central focus
of permanent status negotiations between the PLO and Israel, implicating
almost all of the other issues on the agenda. The location of the
sovereign borders of the state of Palestine will determine its political
viability, its access to natural resources, its capacity for economic
development, and its ability to defend itself from external threats.
The
Historic Compromise
The Palestinian
position on borders has undergone a significant transformation over
the last 50 years and represents an enormous - and painful - compromise
on the part of the Palestinian people.
When
Palestine was first provisionally recognized as an independent nation
at the end of World War I, it encompassed all of what is presently
recognized as the State of Israel, as well as the West Bank and the
Gaza Strip. Its population, according to the 1922 census, was 87.4%
Arab - Muslim and Christian - and 11% Jewish.
Although
Palestine's demographic composition changed significantly over the
course of the Mandate as a result of the Zionist movement's efforts
to colonize the country and the British Mandatory Government's initially
liberal Jewish immigration policies, the population remained predominantly
Arab through the end of the Mandate. In 1948, the population of Palestine
was estimated to be 2,115,000 persons - 1,415,000 were Muslim and
Christian Arabs, and 700,000 were Jewish. (See enclosed Maps under
Maps Section)
In February
1947, in the face of increasing Arab-Jewish tensions, Great Britain
returned the Palestine Mandate to the United Nations, which established
a committee to evaluate the situation in Palestine and make recommendations
regarding the future of the territory. In August, a majority of the
Committee recommended a partition plan that divided Palestine into
three territories - an Arab state, a Jewish state, and an internationally
administered enclave around Jerusalem . The Partition Plan provided
for the establishment of independent Arab and Jewish States and conditioned
international recognition of each State upon its establishment of
effective independence and its declared commitment to guarantee the
protection of religious sites and minority rights.
The Partition
Plan, however, never came into effect. Although, after some initial
hesitation, the Zionists declared their willingness to accept the
recommendations, the Palestinian Arabs rejected them out of hand,
arguing that the United Nations had no right to allocate the majority
of their territory to the Zionists, who, in March 1947, claimed possession
of less than seven percent of the land in Palestine and ownership
of only 5.66% and represented less than a third of the territory's
population. The United Nations General Assembly nevertheless endorsed
the partition resolution on November 29, 1947. Almost immediately
thereafter, full-scale war broke out between the Arabs and the Zionists.
On May
14, 1948, after establishing control over all of the territory allocated
to the Jewish state (and over some allocated to the Arab state), a
provisional Zionist national council announced the establishment of
the State of Israel on the portion of Palestine allocated by the Partition
Plan to form the Jewish State. Israel captured more territory allocated
to the Arab state in fighting after its independence. By the time
armistice agreements were concluded in 1949, Israel's boundaries encompassed
77.94% of the territory of Palestine. The West Bank fell under Jordanian
control, and the Gaza Strip fell under Egyptian control.
Then,
in June 1967, Israel invaded Egypt, Jordan, and Syria, ultimately
occupying the West Bank (including East Jerusalem) and the Gaza Strip
(as well as Egypt's Sinai Peninsula and Syria's Golan Heights). The
West Bank and the Gaza Strip together constitute only 22% of historic
Palestine, today which is the focus of Palestinian-Israeli permanent
status negotiations.
The
Palestinian Position
The PLO's
position regarding the issue of borders is simple: the international
borders between the states of Palestine and Israel shall be the armistice
cease-fire lines in effect on June 4, 1967. Both states shall be entitled
to live in peace and security within these recognized borders.
Accordingly, the PLO calls for the establishment of a boundary commission
to delimit and demarcate the international borders, based on the Jordanian-Israeli
General Armistice Agreement of April 3, 1949, the Egyptian-Israeli
General Armistice Agreement of February 24, 1949 and other relevant
documentary and testimonial evidence.
The
International Legal Consensus
The PLO's
position is supported by United Nations Security Council Resolution
242, the internationally recognized Palestinian right to self-determination,
and other firmly established principles of international law.
Since
the signing of the Declaration of Principles in 1993, Israel and the
PLO have consistently agreed to implement United Nations Security
Council Resolution 242. Resolution 242 emphasizes the inadmissibility
of the acquisition of territory by war and calls for the withdrawal
of Israel armed forces from territories occupied in the 1967 war.
The Security
Council's injunction is unambiguous: All of the territories occupied
by Israel in 1967 were occupied by war; Israel is legally prohibited
from acquiring (i.e., annexing) any territory occupied by war; accordingly,
Israel must withdraw from all territory so occupied. In addition to
its plain language, the resolution's drafting history indicates that
the Security Council had no intention of endorsing Israeli annexation
of any part of the West Bank or Gaza Strip. For example, the Indian
ambassador to the Council stated in no uncertain terms that "the
principle of the inadmissibility of force is absolutely fundamental
to our approach and we cannot accept or acquiesce in any decision
that leaves out territories occupied by military conquest from the
provision of withdrawal." The ambassadors of a number of
other States expressed similar views, including the U.S.S.R., France,
Nigeria, Bulgaria, and Mali.
The Palestinian
position on Resolution 242 is also fully in accord with the important
precedent set by Israel's peace treaty with Egypt and Jordan, which
was also based on the resolution. Under Article 1 of Annex 1 of the
Treaty, Israel withdrew both its armed forces and its civilians from
the territory it occupied in 1967. The people of Palestine are entitled
to no less.
By virtue
of their universally-recognized right to self-determination, the Palestinian
people possess sovereignty over the West Bank and the Gaza Strip and,
accordingly, have the right to establish an independent State on that
territory. As noted above, Palestinian acceptance of the June 4, 1967
borders represents an extraordinary compromise. Any further Israeli
incursions into Palestinian territory will result in widespread disillusionment
and disaffection and could strike a fatal blow to the peace and security
that the parties are working now to forge.