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Dr. Aaron Lerner is co-founder of , Independent Media Review and Analysis, an Israel-based news organization which provides an extensive digest of media, polls and significant interviews and events relating to the Israeli-Arab conflict.
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By Dr. Aaron Lerner
July 26, 2008


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"I think that Israel should abide by previous agreements and commitments that have been made, and aggressive settlement construction would seem to violate the spirit at least, if not the letter, of agreements that have been made previously."
Obama to the Jerusalem Post, Friday July 25, 2008
It's that old "spirit" argument again.
The Palestinians can grossly violate the "letter" of the agreements -- but since absolutely none of the agreements Israel has with the Palestinians prohibit settlement construction (if anything, the wording of the Oslo agreements facilitates ongoing settlement activity) opponents of construction talk about "spirit".
For the record: The Oslo agreements are clear that Israel cannot annex areas during the period covered by the agreements as that would be a unilateral permanent impact on status. But by the same token that Oslo didn't put a freeze on Palestinian construction that might be construed as
"fact making", it didn't stop Israeli construction.
But what's wrong with this "spirit" approach?
The "spirit" approach enable parties to unilaterally change the balance of the requirements and obligations of the deal. And that's a dangerous precedent.
Even worse: we now have the absurd situation that so-called violations of the "spirit" of the deal are given the same - if not greater -- weight as full blown violations of Oslo.
The ongoing acceptance of "spirit" expansion of the agreements now sets the scene that if we ever strike a "permanent" deal with the Arabs we will wake up the next day to find ourselves facing even more demands based on their interpretation of the "spirit" of the agreement.
As for "They've got to consider whether getting that buffer is worth the antagonism of the other party." Not to fear. Our ongoing existence in the Middle East antagonizes the other party. There will always be a reason.
As poll data consistently indicates, the Palestinians readily admit that even if they get a deal they don't expect to reconcile with us this generation.
45)After reaching a peace agreement between the Palestinian people and Israel and the establishment of a Palestinian state that is recognized by Israel, how soon do you think will reconciliation between the two peoples be achieved?
42.9% Reconciliation is not possible ever
20.5% Only in many generations to come
12.4% Only in the next generation
06.3% Only in the next decade
11.4% On the next few years
06.5% No Opinion /Don't know
Poll conducted by the Palestinian Center for Policy and Survey Research (PSR) in the West Bank and the Gaza Strip between 5 and 7 June 2008. (www.pcpsr.org/survey/polls/2008/p28e.html)
Views expressed by the author do not
necessarily reflect those of israelinsider.
 

 
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