Trump, Kushner, Greenblatt flirt with phantom Palestinian Authority

[Published 26 June 2017]


President Trump has made a poor start in attempting to broker an end to the Jewish-Arab conflict by initially engaging with the “Palestinian Authority” —an entity that no longer legally exists.

Trump’s White House communique on 21 June highlights his glaring tactical error:

“Senior Advisor to the President Jared Kushner, Assistant to the President and Special Representative for International Negotiations Jason Greenblatt, and United States Consul General in Jerusalem Donald Blome met today in Ramallah with President Mahmoud Abbas of the Palestinian Authority and his senior advisors.”

The Office of the Historian in the State Department faithfully records the creation of the Palestinian Authority under “Milestones in the History of US Foreign Relations” (Milestones):

“On September 13, 1993, Israeli Prime Minister Yitzhak Rabin and Palestine Liberation Organization (PLO) Negotiator Mahmoud Abbas signed a Declaration of Principles on Interim Self-Government Arrangements, commonly referred to as the “Oslo Accord,” at the White House. Israel accepted the PLO as the representative of the Palestinians, and the PLO renounced terrorism and recognized Israel’s right to exist in peace. Both sides agreed that a Palestinian Authority (PA) would be established and assume governing responsibilities in the West Bank and Gaza Strip over a five-year period.”

However on 3 January 2013 Abbas unilaterally signed the Palestinian Authority’s death certificate when issuing the following Decree:

“Official documents, seals, signs and letterheads of the Palestinian National Authority official and national institutions shall be amended by replacing the name ‘Palestinian National Authority’ whenever it appears by the name ‘State of Palestine’ and by adopting the emblem of the State of Palestine.”

Quite bizarrely — the Palestinian Authority’s 2013 demise was never recorded in Milestones.

The reason was only made clear on 9 May 2017 when the Office of the Historian reported it had retired Milestones which was no longer being maintained or expanded. The Office explained that it had completed a review of its online offerings in Milestones and concluded that extensive resources would be needed to revise and expand its publication of any further developments in the subject matters dealt with up to 2000 to meet the Office’s standards for accuracy and comprehensiveness.

The timing of this announcement came just six days after the White House visit by “President Abbas of the Palestinian Authority”.

Indeed the full terms of the Abbas Decree - introduced with “minimal ceremony or fanfare” - can only be found to my knowledge in an article written by John Whitbeck - identified as having been:

“in Madrid in October 1991 to contribute ideas for the Palestinian speeches delivered at the conference which launched the “peace process,” in Cairo in April/May 1994 as a legal advisor to the Palestinian negotiating team which negotiated the Gaza/Jericho Withdrawal Agreement (the first “post-Oslo” agreement) with Israel and near Camp David in July 2000, when the “peace process” effectively ended, to be available to provide legal advice on any documents which emerged from the Arafat/Barak/Clinton summit.”

Whitbeck summarises the effect of the Abbas Decree:

“By this decree, the Palestinian Authority, created for a five-year interim period pursuant to the Oslo Declaration of Principles signed on the White House lawn in September 1993, has been absorbed and replaced by the State of Palestine, proclaimed in November 1988, recognized diplomatically by 131 of the 193 UN member states and supported in the recent General Assembly vote by an additional 28 states which have not yet formally recognized it diplomatically.”

Whitbeck’s article does not smack of “fake news”.

Either the Palestinian Authority was absorbed and replaced in 2013 or it still exists in 2017.

Flirting with phantoms is the height of folly and extremely foolish.

Palestine - Abbas Unilaterally Resurrects Palestinian Authority

[Published 23 April 2014]


Easter 2014 will be remembered as the time when PLO Chairman Mahmoud Abbas tried to resurrect the Palestinian Authority (PA) that he himself had declared dead and buried on 3 January 2013.

Adopting US Secretary of State Kerry’s terminology - “Poof - that was the day that signalled the end of the Oslo Accords”

The demise of the PA had been announced by John Whitbeck - an international lawyer who served as a legal advisor to the Palestinian team negotiating with Israel - in an article published on 10 January 2013 in Al Jazeera English and also the Huffington Post:

“On January 3 Mahmoud Abbas, acting in his capacities as President of the State of Palestine and Chairman of the Executive Committee of the Palestine Liberation Organization, signed “Decree No. 1 for the year 2013.” While he did so with minimal ceremony or fanfare, and while the change formalized by this decree should surprise no one after the UN General Assembly’s overwhelming vote on November 29 to upgrade Palestine’s status at the United Nations to “observer state,” this change is potentially historic.

By this decree, the Palestinian Authority, created for a five-year interim period pursuant to the Oslo Declaration of Principles signed on the White House lawn in September 1993, has been absorbed and replaced by the State of Palestine, proclaimed in November 1988, recognized diplomatically by 131 of the 193 UN member states and supported in the recent General Assembly vote by an additional 28 states which have not yet formally recognized it diplomatically.

After citing the November 29 General Assembly Resolution, Article 1 of the decree states: “Official documents, seals, signs and letterheads of the Palestinian National Authority official and national institutions shall be amended by replacing the name ‘Palestinian National Authority’ whenever it appears by the name ‘State of Palestine’ and by adopting the emblem of the State of Palestine.” Concluding Article 4 states: “All competent authorities, each in their respective area, shall implement this Decree starting from its date.”

Did none of the thousands of US State Department and Israeli Ministry of Foreign Affairs minions read Whitbeck’s article and realise its significance?

Surely those who did should have been concerned at Whitbeck’s further following comments:

“Perhaps due, at least in part, to the low-key manner in which this change has been effected, it has attracted remarkably little attention from the international media or reaction from other governments, even the Israeli and American governments. This is not necessarily disappointing, since passive acceptance is clearly preferable to furious rejection.

The relatively few and brief media reports of the change have tended to characterize it as “symbolic.” It could—and should—be much more than that. If the Palestinian leadership plays its cards wisely, it could—and should—represent a turning point toward a better future.

In his correspondence, Yasser Arafat used to list all three of his titles under his signature—President of the State of Palestine, Chairman of the Executive Committee of the Palestine Liberation Organization and President of the Palestinian Authority (in that order of precedence). It is both legally and politically noteworthy that, in signing this decree, Mahmoud Abbas has listed only the first two titles.

The Trojan horse called the “Palestinian Authority” in accordance with the Oslo interim agreements and the “Palestinian National Authority” by Palestinians has served its purpose by introducing the institutions of the State of Palestine on the soil of Palestine and has now ceased to exist.”

Abbas had dissolved the Palestinian Authority with the stroke of a pen - creating a situation where further negotiations under the Oslo Accords and the Bush Roadmap were nugatory.

America and Israel - at their peril - apparently preferred to negotiate with ghosts and turn a blind eye to this extremely significant development.

Now 15 months down the track - with negotiations begun in July 2013 now on their last legs - news that Abbas is contemplating dismantling the PA for a second time has brought forth the following response from State Department spokesperson Jen Psaki:

“Of course [the PA disbanding] will have serious consequences. Obviously this is not in the interest of the Palestinian people,and all that has been achieved will be lost.”

“The US has made tremendous efforts to build Palestinian institutions in the PA, and so has the international community, The move will seriously harm the US-PA relationship, including in terms of financial aid.”

Ignoring Abbas’s 2013 decree has certainly cost the US dearly - about US $500 million in financial aid reportedly paid to an organization over the last 15 months that had ceased to exist.

Has America ever suffered a more blatant financial scam of such massive proportions?

Suddenly the State Department is now also concerned about “the interest of the Palestinian people” after having connived to allow Abbas to lead them down a negotiating blind alley with no possible light at the end of the tunnel following the PA demise.

Israel also needs to explain its role in perpetuating the fiction of the PA’s existence for the last nine months

Kerry’s desperate efforts to keep these Mickey Mouse negotiations alive has been exposed by Abbas’s last ditch threat to dismantle the non-existent PA.

Kerry needs to answer how any signed agreement could ever be achieved with a party whose existence Abbas can turn on and off like a tap.

Abbas’s pathetic bluff and bluster should for once be exposed and rejected by America and Israel.

Palestine - Singing From The Same Hymn Book

[Published 21 April 2013]


Palestinian President Mahmoud Abbas has now claimed that a “country” exists in that area of the West Bank under the Palestinian Authority’s complete administrative and security control prior to the Authority’s demise in January 2013.

Speaking at the re-opening of the Palestinian embassy in Kuwait - Abbas was reportedly quoted in Gulf News as stating it was:

“a historic moment in the deep-rooted relations between the two countries.”

Granted Abbas spoke in Arabic and his words may have been misunderstood or mistranslated - international acceptance of this region as a country called “Palestine” could be a significant step forward in progressing an end to the long running Jewish-Arab conflict.

Abbas’s claim was further strengthened with a report in Turkish Press that Turkey has become the first country to appoint an ambassador to “Palestine” after its envoy in Ramallah - Sakir Ozkan Torunlar - presented his Letter of Credence to President Mahmoud Abbas - being officially titled as the first ambassador to “Palestine”

Yet - according to Yahoo 7 News - the Palestinian Authority is still slowly progressing to statehood despite the admission of “Palestine” as a member state of UNESCO and an observer at the United Nations.

“Prime minister Salam Fayyad’s resignation is likely to raise questions over donor support for the Palestinian Authority and may slow its steps towards statehood, experts warn.”

However - confirming the demise of the Palestinian Authority - Shir Hever -an economic researcher in the Alternative Information Centre - an Israeli-Palestinian Organization - told Real News:

“The State of Palestine, formerly known as the Palestinian Authority, has placed a single condition to resume talks that Israel will freeze the construction in the illegal colonies.”

John V Whitbeck - an international lawyer who served as an advisor to the Palestinian negotiating team in negotiations with Israel - declared the Palestinian Authority dead and buried four months ago.

In an article in the Cyprus Mail on 13 January headlined “Finally the State of Palestine exists” - Whitbeck revealed that the Palestinian Authority “had been absorbed and replaced by the State of Palestine” in a decree issued by Mahmoud Abbas on 3 January and signed by him acting in his capacities as president of the State of Palestine and chairman of the Executive Committee of the Palestine Liberation Organization (PLO)

Making sure his message was fully understood by those willing to listen - Whitbeck stated unequivocally:

“The Trojan horse called the “Palestinian Authority” in accordance with the Oslo interim agreements and the “Palestinian National Authority” by Palestinians, having served its purpose by introducing the institutions of the State of Palestine on the soil of Palestine, has now ceased to exist.”

Abbas’s Kuwait declaration as existing head of this “country” is a welcome development - but must not to be confused with the two-state solution that was to have resulted from negotiations between Israel and the PLO under the Oslo Accords and the Bush Roadmap.

The United Nations seems to have underscored this differentiation with a statement to Wafa Press this past week by United Nations Special Coordinator for the Middle East Peace Process - Robert Serry:

“the United Nations remains committed to working with its Palestinian partners, under the leadership of President Abbas, towards development, state-building and to achieve the long-overdue negotiated two-state solution.”

The problem for the UN is that the framework for that long overdue negotiated two-state solution has been abandoned by the PLO unilaterally approaching UNESCO and the United Nations whilst engaging in its own brand of state-building to the point where Abbas can now proclaim to be head of a “country” without any need for such further negotiations.

The UN - a principal supporter and sponsor of Oslo and the Roadmap - has seen these negotiating processes subverted by large numbers of its own member states actively endorsing and encouraging the above unilateral actions by Abbas when he headed the now defunct Palestinian Authority.

Whitbeck’s following assessment made in January now makes more sense after this week’s interesting developments:

“Perhaps due, at least in part, to the low-key manner in which this change has been effected (the end of the Palestinian Authority - Ed), it has attracted remarkably little attention from the international media or reaction from other governments, even the Israeli and American governments. This is not necessarily disappointing, since passive acceptance is clearly preferable to furious rejection.

The relatively few and brief media reports of the change have tended to characterise it as “symbolic”. It could - and should - be much more than that. If the Palestinian leadership plays its cards wisely, it could - and should - represent a turning point toward a better future.”

Playing their cards wisely now involves Abbas and the Palestinian leadership

1. putting an end to continuing claims of statelessness, ethnic cleansing, apartheid and occupation

2. urging the winding up of UNRWA, the dismantling of its refugee camps and using UNRWA’s budget to repatriate and re-settle the hitherto stateless refugees in their new country

3. calling on Palestinian Arabs world wide to return to their fledgling country to join in the challenge of nation building

4. encouraging other countries to follow the examples of Turkey and Kuwait by appointing ambassadors and establishing full diplomatic relations

5. seeking a new negotiating framework with Israel to resolve what has now become a border dispute between two existing countries.

There is still a long way to go before everyone is singing from the same hymn book - but actions such as these will certainly help.

Palestine - Kerry confronts ghosts in state of confusion

[Published 16 February 2014 - Jerusalem Post]


The semantic circus that first created a people known as the Palestinians in 1964 - who now claim an entitlement to their own independent state in " the occupied Palestinian Territories" - reached absurd heights with the following bizarre news item this week:

"The Israeli authorities have blocked 70 patients from Gaza from entering Israel to receive medical treatment because their transfer documents were marked “State of Palestine,” officials told AFP on Wednesday.

Until recently, official stationery has used the term “Palestinian territories.”

But the logo was changed in mid-December, a year after the Palestinians won recognition as a UN observer state, despite fierce Israeli opposition."

This "War of the Letterheads" adds a new dimension to the conflict between Israel and the Palestine Liberation Organization (PLO).

The "State of Palestine" was admitted as a member State of UNESCO on 31 October 2011 by a vote of 107/14 and as a non-observer State at the United Nations (UN) on 29 November 2012 by a vote of 138/9.

Those States voting in favor ignored the legal requirements of article 1 of the Montevideo Convention 1933 which declares:

"The state as a person of international law should possess the following qualifications:
(a) a permanent population;
(b) a defined territory;
(c) government; and
(d) capacity to enter into relations with the other states"

Those states dissenting or abstaining took the view that any State of Palestine to be created for the first time ever in recorded history could only arise as a result of negotiations conducted under the 1993 Oslo Accords, the 2003 Bush Roadmap and the 2007 Annapolis conference between the designated parties - Israel and the Palestinian Authority - ("the agreed negotiating framework").

John V Whitbeck - an international lawyer and adviser to the Palestinian team negotiating with Israel - had flagged the likelihood of this latest War of the Letterheads in an article written in the Cyprus Mail on January 13, 2013.

Whitbeck revealed that the Palestinian Authority “had been absorbed and replaced by the "State of Palestine” in a decree issued by Mahmoud Abbas on January 3, 2013 and signed by him acting in his capacities as president of the State of Palestine and chairman of the Executive Committee of the PLO.

Whitbeck’s confirmation of the demise of the "Palestinian Authority" with the newly declared "State of Palestine" should surely have signalled the end of further negotiations under the agreed negotiating framework - specifically designed to achieve the birth of that very state.

For the full article read:

http://www.jpost.com/Experts/Palestine-Kerry-confronts-ghosts-in-state-of-confusion-341548?prmusr=Vo0puH%2bGQrNgpvj0hOn9OF5voApLGPfhXKAJibhCAuxInellBLluxo2r9tGo358l

Palestine - Lawyers, Hot Air And No Clothes

[Published 29 December 2010]


John V Whitbeck - described as “an international lawyer who has advised the Palestinian negotiating team” - has recently written an article published in Al Jazeera pointing out that 106 members of the United Nations have now recognized the State of Palestine, whose independence was proclaimed on 15 November 1988.

Whitbeck also tells us that such recognition covers between 80-90% of the world’s population.

Behind these apparently impressive statistics and the conclusion that Whitbeck draws from them - the story is strikingly different.

Whitbeck’s claim of international recognition is pure window dressing bereft of any clothes. It amounts to hot air and nothing more.

What Whitbeck claims as fact is fiction, a state that exists in the mind rather than in reality, an ideal eagerly sought without any current prospect of being achieved.

The declaration of independence proclaimed on 15 November 1988 by Yasser Arafat was nothing more than a public relations stunt since the Palestine Liberation Organization then controlled not one single centimeter of former Palestine. Such declaration sought to be justified on the basis of the United Nations 1947 Partition Plan that had recommended division of Western Palestine into separate Jewish and Arab States. That recommendation had been unanimously rejected by the Arab League. Relying on it 41 years later seemed a hypocritical exercise in diplomatic peace making.

A large part of the world was however prepared to forget and forgive the Arab aggression that followed the rejection of the 1947 UN recommendation and grasp this 1988 lifeline in a further effort to bring about a resolution of the conflict between Jews and Arabs. It has proved to be a waste of time in achieving what the Declaration sought to supposedly accomplish.

Whitbeck further reveals the fantasy world in which he is living when he states:

“While still under foreign belligerent occupation, the State of Palestine possesses all the customary international law criteria for sovereign statehood. No portion of its territory is recognized by any other country (other than Israel) as any other country’s sovereign territory, and, indeed, Israel has only asserted sovereignty over a small portion of its territory, expanded East Jerusalem, leaving sovereignty over the rest both literally and legally uncontested.”

Whitbeck’s claim is a load of arrant nonsense.

The criteria for recognition of a state in customary international law were codified in Article 1 of the Montevideo Convention signed on 26 December 1933 which provide as follows:

“The state as a person of international law should possess the following qualifications:
(a) a permanent population;
(b) a defined territory;
(c) government; and
(d) capacity to enter into relations with the other states.”

1. There is indeed a permanent Palestinian Arab population living in the West Bank and Gaza.

55% of the West Bank Arabs live in 17% of the West Bank under the exclusive administrative and security rule of the Palestinian Authority (known as Area A) and so could be said to exist within a defined territory. 100% of Gaza and its entire Arab population is under the administrative and security control of Hamas and so would also meet the first two criteria.

2. However such a State possesses no government.

Relations between Hamas as governing authority in Gaza and the Palestinian Authority as governing authority in the West Bank. are at rock bottom. Arab League efforts to effect a rapprochement continue to founder. Death, torture and false imprisonment continue to mark the three years long internecine struggle between the two governments to win the hearts and minds of the West Bank and Gazan Arab populations. Neither has the capacity to enter into relations with other states. Both of these criteria for statehood are non-existent and their fulfillment appears a hopeless dream.

Whitbeck’s claim of international recognition of the State of Palestine is therefore meaningless - other than to indicate this is a result the world would like to see.

But that was also the world view in 1947 when the Arabs then rejected an Arab State in an area much larger than the one contemplated by even the most optimistic of today‘s recognizing States.

Whether any such an option in any kind, shape or form is available in 2010 - given the new facts created by 500000 Jews now living in the West Bank and East Jerusalem - appears increasingly to be fated to consignment once again to the garbage bin of history.

Any suggestion that the West Bank be entirely cleared of its Jewish population would be a preposterous notion that has no place in the current interpretation of international humanitarian law.

America. Russia, the European Union and the United Nations have been actively involved in trying to overcome these obstacles during the last seven years - but all to no avail. There is no prospect on the horizon that this situation will change.

Whitbeck’s claim that Israel has only asserted:

“sovereignty over a small portion of its territory, expanded East Jerusalem leaving sovereignty over the rest both literally and legally uncontested”

is another self-serving piece of propaganda and is completely removed from reality.

It completely ignores Israel’s legal right to establish the Jewish National Home in both the West Bank and Gaza under the Mandate for Palestine and article 80 of the United Nations Charter. Sovereignty in the West Bank and Gaza resides in neither Jews nor Arabs at the present time. Sovereignty in East Jerusalem has been claimed by Israel but not internationally recognized. Efforts extending over the last 17 years to determine sovereignty in all these territorial areas have been unsuccessful.

Israel’s claim as sovereign owner of the whole or part of West Bank and sovereign ruler of East Jerusalem cannot be summarily dismissed or written off by the pathetic bleating of a former adviser to the Palestinian negotiating team.

Indeed one could reasonably conclude that with advice such as this - it is no wonder that the Palestinian negotiating team have been indoctrinated into believing that they are entitled to continue to claim sovereignty in 100% of Gaza and the West Bank as well as East Jerusalem to the total exclusion of Israel’s claim.

As one saying goes - “I can only act on my lawyer’s advice”.

As another saying goes - “I think you better change lawyers because the advice being given to you by your current adviser seems to be way off the mark”

Whitbeck’s conclusions on the international recognition of the State of Palestine are not worth the paper they are written on.