by Richard Falk - The Palestine Chronicle
General Observations
During my period as the UN Special Rapporteur for Human Rights in Palestine on behalf of the Human Rights Council I have been struck by the persistent efforts of Israel and its strong civil society adjuncts to divert attention from the substance of Palestinian grievances or the consideration of the respective rights of Israel and Palestine under international law. I have also observed that many, but by no means all of those who represent the Palestinians seem strangely reluctant to focus on substance or to take full advantage of opportunities to use UN mechanisms to challenge Israel on the terrain of international law and morality.
This Palestinian reluctance is more baffling than are the Israeli diversionary tactics. It seems clear that international law supports Palestinian claims on the major issues in contention: borders, refugees, Jerusalem, settlements, resources (water, land), statehood, and human rights. Then why not insist on resolving the conflict by reference to international law with such modifications as seem mutually beneficial? Of course, those representing the Palestinians in international venues are aware of these opportunities, and are acting on the basis of considerations that in their view deserve priority. It is disturbing that this passivity on the Palestinian side persists year after year, decade after decade. There are partial exceptions: support for recourse to the International Court of Justice to contest the construction of the separation wall, encouragement of the establishment of the Goldstone Fact-finding Inquiry investigating Israeli crimes after the 2008-09 attacks on Gaza, and complaints about settlement expansion in the West Bank and Jerusalem. But even here, Palestinian officialdom will not push hard to have these symbolic victories implemented in ways that alter the behavioral realities on the ground, and maybe even if they did do their best, nothing would change.
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