Trump’s Israel-Palestine ‘Peace Plan’: A Defeat for Human Rights and International Law?7 min read

The Plan 

Last Tuesday, President Donald J. Trump and Israeli Prime Minister Benjamin Netanyahu shook hands at the White House, as they announced the long-awaited plan that would resolve the ongoing conflict between Israel and Palestine.[1] The commonly named ‘peace plan’ strongly favors Israeli interests, as well as it lacks Palestinian participation in regards to the elaboration, presentation, and implementation processes of the plan.

The ‘peace plan’ offers a two-state solution, in which Palestinian territories are reduced, and key benefits are given to the State of Israel. Following the plan, the latter would immediately annex the Jordan Valley and West Bank illegal settlements, along with other areas now recognized as Palestinian Territories, which violates the 1967 borders and the Oslo Accords.[2] In addition, the plan lacks a resolution as to the division of water resources, among other assets key to a viable economy, between Israel and Palestine. It overlooks the past agreements concerned with water rights, which have been at the heart of the conflict and regional tensions for almost seventy years.[3] In the plan, Palestine would cede its water-rich West Bank areas, and the entire Jordan valley to Israel, which would have two major implications; first, Palestine would have virtually no water sources, and second, no borders with other countries other than Israel. Economically, politically, and socially, these developments are highly problematic.

In addition, Trump’s plan calls for the recognition of an undivided Jerusalem as the capital of Israel.[4] This topic is perhaps the most contentious unit of the plan, given that the Israeli annexation of East Jerusalem (and of the Golan Heights) would violate International Humanitarian law and Article 49 of the Fourth Geneva Convention.  It would also forbid Palestinians’ access to Al-Aqsa, the third most important holy site in the Muslim faith, which is located in Jerusalem. In exchange for Jerusalem, the plan proposes Palestinians to establish their capital in the small and over-crowded city of Abu Dis, along with other neighborhoods that are technically located in East Jerusalem, but in reality, are on the other side of the existing security barrier or “wall.” Another suggestion is the Shuafat refugee camp, which is usually referred to as a “ghetto” or a “slum,” filled with violence, gangs, and criminal activity, where the authorities and police have almost no jurisdiction.[5]

The full ‘Peace to Prosperity’ plan can be found here.

Implications for Palestine

Following Trump’s plan, the Palestinian state would lack most of the attributes of sovereignty necessary for the creation of an independent state. The ‘peace plan’ would leave the Palestinian State with scattered, non-contiguous territories completely surrounded by Israel, lacking external borders, air-space control, right to military for self-defense, and a geographical basis for a viable economy. In addition, it would obstruct the freedom of movement of Palestinians, given the complete control of the borders, tunnels, and roads by the Israeli government forces. Michael Lynk, the UN Special Rapporteur on Palestinian Human rights has called it a “one and a half state solution,” and other critics of the plan have also compared this project to the former South African Apartheid system.[6]

Among many other problematic aspects, the plan fails to address one of the primary concerns of Palestinians and the international community: the Israeli human rights abuses towards Palestinians. These have been sustained over time and taken many forms including torture, wrongful incarceration, illegal settlements, discriminatory policies, home demolitions, limitation of freedom of movement, arbitrary detention, and detention of children, among others.[7] The failure to acknowledge these, enforce accountability, and prevent future episodes, violates the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, among other universal legislation, as well as leaves Palestinians fearing a future of impunity for the State of Israel.

Other repercussions for the Palestinian Authority and the PLO following Trump’s deal are that they will have to refrain from any attempt to join international organizations without the consent of the Israeli state, they will dismiss all pending actions against the State of Israel or the United States before the International Criminal Court, the International Court of Justice, and other tribunals, as well as the Interpol or other legal systems.[8]  These necessary conditions for the recognition of the State of Palestine have been highly controversial, as they attempt to absolve and create a non-prosecution tone of impunity and lack of accountability for the State of Israel and the United States before international tribunals and legal systems around the world. 

International Responses and Questionable Intentions 

The Palestinian reaction towards Trump’s deal is evident: fear, anger, and insecurity. The Palestinian Authority, the PLO, and Hamas, as well as the rest of Palestinian citizens, have protested widely and reiterated the unfair and one-sided character of the plan, characterizing it as “aggressive”.[9] Internationally, leaders around the world are reacting differently, with major critics from governments and international organizations condemning the plan, and others welcoming it.[10] The major critics have been Iran and Turkey. Consequently, the plan is sparking animosity not only in Israel and Palestine, but also around the globe.

Given the numerous problematic proposals of the ‘peace plan’, and its evident one-sided nature, it is uncertain if there is a possibility of condemning universal human rights abuses in the case of the Israeli-Palestinian conflict, and simultaneously move forward with a viable peace plan that will resolve the Israel-Palestine conflict. The intentions of Trump’s administration regarding the viability of the plan are unclear.  Will Israel ever be prosecuted for its human rights violations? Why are the United Nations, the International Criminal Court, and other tribunals turning a blind eye on Palestine? Why is the United States, supposedly major Defensor of human rights, encouraging the continuation of a Human Rights abuser state?

Works Cited

“Born Without Civil Rights | Israel’S Use Of Draconian Military Orders To Repress Palestinians In The West Bank”. Human Rights Watch, 2019, https://www.hrw.org/report/2019/12/17/born-without-civil-rights/israels-use-draconian-military-orders-repress.

Hatuqa, Dalia. “Trump’S Peace Plan Is Palestinians’ Worst Nightmare”. Foreign Policy, 2020, https://foreignpolicy.com/2020/01/31/trump-peace-plan-israel-palestine-middle-east/.

Heaney, Christopher. “Special Rapporteur On The Situation Of Human Rights In The Opt Alarmed By “Lopsided Trump Plan”, Says Will Entrench Occupation – Press Release – Question Of Palestine”. Question Of Palestine, 2020, https://www.un.org/unispal/document/special-rapporteur-on-the-situation-of-human-rights-in-the-opt-alarmed-by-lopsided-trump-plan-says-will-entrench-occupation/.

Johnson, Keith. “The Big Missing Piece Of The Kushner Plan: Water”. Foreign Policy, 2020, https://foreignpolicy.com/2020/02/04/trump-kushner-peace-plan-israelis-palestinians-water/. Accessed 4 Feb 2020.

Johnson, Keith. “The Big Missing Piece Of The Kushner Plan: Water”. Foreign Policy, 2020, https://foreignpolicy.com/2020/02/04/trump-kushner-peace-plan-israelis-palestinians-water/. Accessed 4 Feb 2020.

“Peace To Prosperity: A Vision To Improve The Lives Of The Palestinian And Israeli People”. Whitehouse.Gov, 2020, https://www.whitehouse.gov/wp-content/uploads/2020/01/Peace-to-Prosperity-0120.pdf.

Specia, Megan. “What To Know About Trump’S Middle East Plan”. Nytimes.Com, 2020, https://www.nytimes.com/2020/01/29/world/middleeast/trump-peace-plan-explained.html. Accessed 29 Jan 2020.

“World Leaders React To Trump’s Middle East Plan”. Aljazeera.Com, 2020, https://www.aljazeera.com/news/2020/01/world-reaction-trump-middle-east-plan-200128173439574.html.