Palestinian Claim to Statehood: An Open Letter to PLO Negotiator Saeb Erekat
By Amb. Alan
Negotiator Saeb Erekat denounced Australia’s recognition of West Jerusalem as
Israel’s capital, stating that
“East Jerusalem, under international law, is an integral part of the occupied
responded on Twitter: Saeb – you’re not a lawyer. There’s no violation of
international law in recognizing Jerusalem as Israel’s capital. You seem to
confuse international law with UN resolutions which are not international law.
– I value this opportunity to communicate with you after so many years since
we worked together on the 1995 Oslo Interim Agreement.
me to remind you and your colleagues of some basic facts and truths:
Palestinian state does not exist because it cannot fulfill the accepted
international law criteria for statehood. The Palestinians are divided among
themselves and sponsor, support, finance and encourage terror.
fact that the PLO is committed by the Oslo Accords to negotiate with Israel on
the issue of the permanent status of the territories is indicative of the fact
that permanent status has not yet been agreed upon, and thus there can be no
their claim to statehood on a 2012 non-binding General Assembly resolution is
totally flawed, manipulative, and misleading. The General Assembly is not
empowered to establish states. It only upgraded the Palestinian Authority’s
observer status and reaffirmed the necessity to negotiate.
the PLO is not a state, it therefore cannot be party to the Rome Statute of the
International Criminal Court (ICC), which is specifically open only to
states. Clearly, the ICC cannot exercise jurisdiction over territory that you
falsely claim to be sovereign Palestinian territory. It is not Palestinian
territory, since its status has yet to be determined through the negotiating
process to which the PLO is committed. The fact that the Palestinians
politically manipulated the UN and ICC into viewing them as a state is
legally flawed and has yet to be reviewed juridically.
fact that the Palestinians manipulatively present themselves as a state and
accede to international treaties and organizations is legally flawed and an
abuse of the bona fides of the international community, as well as being a
serious violation of the Oslo Accords that they negotiated.
Palestinians’ fixation with the “1967 borders” has no legal basis. No such
borders ever existed. There is no reference in any of the agreements between
Israel and the Palestinians to 1967. To the contrary – the determination of
borders is an agreed final status negotiating issue.
Palestinian claims that establishing the U.S. embassy in Jerusalem violates
international law is simply false, including your curious litigation in the
International Court of Justice (ICJ) against the U.S. No provision of
international law prevents this.
if, as you claim, you seek peaceful relations between our two peoples, then you
must restore your credibility and stop deluding yourselves and the international
than going to such great efforts to manipulate and abuse the international
community, and trying to bypass the negotiating process, the Palestinians need
to restore their credibility as a viable negotiating partner and return to that
process immediately, before it’s too late.