A civil way out of the Israeli-Palestinian quagmire

By Khaled Diab

How do you end the Israeli occupation without ending the occupation? Through a struggle for equal civil rights for Jews and Arabs.

Photo: ©Khaled Diab
Photo: ©Khaled Diab

Monday 24 November 2014

How do you annex territory without actually annexing it? How do you acquire the land without the people?

This is the dilemma with which the and its friends in successive Israeli governments have been grappling for years.

The latest move in this regard was when Israel's Ministerial Committee voted overwhelmingly in favour of a draft bill to apply Israeli law in the settlements – only two ministers voted against the initiative: Finance Minister and Justice Minister Tzipi Livni.

Although many Israeli commentators do not expect this bill to make it into legislation, what this overlooks is that Israeli legislation already applies in the settlements, though some more recent laws have not yet been turned into military regulations. The draft bill simply sets a 45-day deadline for this process.

In addition, though the settlements are formally under the military's jurisdiction, the themselves are effectively under the jurisdiction of Israel's civilian courts, vote in Israeli elections, pay taxes to the Israeli treasury, etc. Meanwhile, their Palestinian neighbours who live in what is known as Area C live under martial law and their lives are governed by the army's Civil Administration.

Despite the fact that a huge proportion of Israeli voters are opposed to annexing the , those behind the draft bill make no secret that it is part of their blueprint for creeping annexation.

“We came to the Land to apply Israeli sovereignty over it and to establish, within it, a in its entire territory, gradually,” explained Knesset member Orit Strock of Habayit Hayehudi (Jewish Home), the author of the draft bill, in a recent interview.

As part of this gradual process to win over a reluctant Israeli public and create facts on the ground to overcome international objections, Strock and her allies have 10 pieces of draft legislation in their arsenal which they are waiting for the right moment to unleash.

And her ambitions extend beyond Israeli settlements to the main Palestinian population centres of the West Bank. “History is always evolving and we are not giving up these areas, but rather, progressing and ascending one more step,” Strock maintained.

Unsurprisingly, the cabinet vote has stirred up protest and opposition in Palestinian circles. “This creates a political context where these settlements become a part of Israel,” slammed veteran Palestinian politician Nabil Shaath. “They are stealing the land, water, materials, and all natural resources in the West Bank.”

Sadly, however, Palestinian condemnations and protestations are unlikely to change the reality on the ground. In light of this, perhaps the time has arrived for Palestinians and their sympathisers in Israel to try another approach.

Instead of futilely seeking to stop the application of Israeli law in the settlements, Palestinians should demand that civil law is extended to cover them too. This will inevitably be regarded as a setback by Palestinians, who are seeking greater national sovereignty, not less. But the reality is that there is next to no chance that these national aspirations can or will be fulfilled in the foreseeable future. Under such circumstances, priority must shift to human well-being.

So doing would protect Palestinians against the iron fist of military rule, shielding them from arbitrary arrests, evictions and home demolitions. The application of Israeli law would also enable them to move freely within the West Bank, accessing those roads which are currently for Israelis only, and challenge the unfair military permit system which bars them from entering Jerusalem and Israel.

Gazans, who still effectively live under Israeli occupation, could also embark on a similar process. This may sound outlandish, especially to Israelis, but prior to the Oslo accords, Gaza and the West Bank were administered in the same way.  And since the died years ago and even the life-support system to which it was hooked up has now given up the ghost too, it's time to drop this masquerade and self-deception and abandon Oslo for a civil-rights platform.

In addition, the Palestinians of the West Bank should demand the right to live in the settlements, like some Jerusalemites already do in settlements which allow it, such as Pisgat Ze'ev, despite discrimination and local efforts to block them. Under such circumstances, the Palestinian urban areas, known as Area A, should also be opened up to Israeli Jews to be able to live there.

Such a campaign – which can be conducted on the streets, in the Israeli courts and even in the Knesset – could act as the first step in a full-scale civil rights struggle, which would eventually include full Israeli for the Palestinians of the West Bank and Gaza. This is bound to cause jitters in Israel, where people will interpret it as the death knell of the Jewish state, while many Palestinians are averse to the idea of becoming Israelis.

However, this should not be the case. To my mind, this is a pragmatic and necessary interim step to prevent disaster turning into catastrophe.  I call this the ‘non-state solution' – which I outline in my new book, Intimate Enemies: Living with Israelis and Palestinians in the Holy Land – for a reason: because it is an interim solution that does not pre-suppose the final outcome of future peace efforts, and leaves the possibility open for a two-state or a binational-state model.

However, instead of questions of state and statehood, it focuses, for the time being, on the far more urgent matter of the state of the people. The situation today has become untenable, mainly for Palestinians but also for Israelis.

Palestinians live in , fear and under severe and inhumane military restrictions which impinge on their freedom, safety, economic well-being and dignity. As the prospect of political violence grows, Israelis are living in greater insecurity, not to mention the high burden of the occupation, not only on citizens' economic well-being, but also on the untold thousands of young people forced to police it.

Focusing on inclusive civil rights rather than national aspirations and divisive nationalism, is, for the foreseeable future, in everyone's best interests.

Once everyone is empowered, enfranchised and equal, then a people's peace process can commence in which the Israeli and Palestinian publics, long sidelined and ignored as players in efforts to forge a resolution, can all have their say.

Civil rights and a people's peace process may sound like a pipe dream, and a dangerous one, to critics on both sides of the fence. But I disagree.

One of the great unseen and under-appreciated tragedies of this conflict – and to which I dedicate considerable attention in my book – is just how much in common Palestinians and Israelis actually have, and how the differences within each camp are actually far greater than the divergence between them. This ignored reality can act as a great unifier between the two sides.

The situation is speeding towards a very dark, cold and hostile night. Every effort is needed to change directions towards the sunrise unseen just beyond the horizon.

A new dawn will undoubtedly come, but the question is how long and frightening the night before will be.


Intimate Enemies: Living with Israelis and Palestinians in the Holy Land

By Khaled Diab

Published by Guardian Shorts, October 2014,

On Amazon


Follow Khaled Diab on Twitter.

This article first appeared in Haaretz on 20 November 2014.


  • Khaled Diab

    Khaled Diab is an award-winning journalist, blogger and writer who has been based in Tunis, Jerusalem, Brussels, Geneva and Cairo. Khaled also gives talks and is regularly interviewed by the print and audiovisual media. Khaled Diab is the author of two books: Islam for the Politically Incorrect (2017) and : Living with Israelis and Palestinians in the Holy Land (2014). In 2014, the Anna Lindh Foundation awarded Khaled its Mediterranean Journalist Award in the press category. This website, The Chronikler, won the 2012 Best of the Blogs (BOBs) for the best English-language blog. Khaled was longlisted for the Orwell journalism prize in 2020. In addition, Khaled works as communications director for an environmental NGO based in Brussels. He has also worked as a communications consultant to intergovernmental organisations, such as the EU and the UN, as well as civil society. Khaled lives with his beautiful and brilliant wife, Katleen, who works in humanitarian aid. The foursome is completed by Iskander, their smart, creative and artistic son, and Sky, their mischievous and footballing cat. Egyptian by birth, Khaled's life has been divided between the Middle East and Europe. He grew up in Egypt and the UK, and has lived in , on and off, since 2001. He holds dual Egyptian-Belgian nationality.

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