The HyperTexts
A Proposal for Peace through Justice in Israel & Palestine:
The Burch-Elberry Peace Initiative
The Burch-Elberry Peace Initiative is also known as the Fair Courts Resolution (FCR).
It is important to note that this initiative is compatible with a one-state
solution, a two-state solution, a bi-national state, a confederacy, or an
EU-style union with open, customs-free borders.
by Michael R. Burch,
an editor, publisher and translator of Holocaust and Nakba poetry
Is the conflict between Israelis and Palestinians irresolvable? The consensus opinion seems to be that Jews and Palestinians have been "fighting forever," leaving little or no hope of peace. But before we wring our hands or throw them helplessly up in the air, we
must consider two things:
First, people who don't like each other can
live together in peace, if everyone is governed by fair, nonracist laws and
courts. During the Holocaust, Nazis enslaved, brutalized and murdered Jews and other "undesirables" in the
ghastliest ways imaginable. But
after the Allies forced Germany to establish fairer
laws and courts, ethic Germans and minorities were soon able to live
together in relative peace, even though there was no sudden outpouring of
affection between the victims and their former oppressors. The same is true for
American descendents of slaves and slaveowners. After the Civil Rights Movement
helped reform American laws and courts, millions of whites and blacks discovered
that they were able to coexist, after all. Something very similar is happening, and
working, in South Africa today. If Israel were to establish justice in
the form of fair, nonracist laws and courts, the evidence of history is that violence
on both sides would decrease
dramatically,
and quickly.
Second, it is untrue that Jews and Palestinians have been "constantly at war." The New Testament records what life was like when Roman
laws and courts (the famous Pax Romana) governed Palestine, but it doesn't mention any major hostilities
between Jews and Palestinians, only minor frictions. And during the Jewish diaspora there were
always Jews who continued to live in Palestine. For the most part, they lived in
peace with their neighbors. As the great Jewish scientist and humanitarian
Albert Einstein pointed out in his extensive writings on Palestine and Zionism, Jews had historically been treated much more tolerantly by Muslims than by European Christians. It was only after Jews began to arrive in Palestine
in increasing numbers, with the obvious goal of taking over, that tensions began to mount, nerves
began to fray, and violence
began to reign. And let's be honest:
if millions of Jews had emigrated to Texas en masse, planning to turn
it into a Jewish state, all hell would have broken loose there too. After all, Texans, like Palestinians, prize their
freedom, rights, religion and culture. Some of the greatest Jewish intellectuals
of modern times―including Einstein, Sigmund Freud and
Noam Chomsky―have opined that Palestinian violence was a
reaction to the injustices they suffered. If
Israel wants peace, the first step must be to end terrible
injustices that have produced so much resentment, anger and violence on both
sides. Even
Mohandas Gandhi
said that "according to the accepted canons of right and wrong, nothing can be
said against the Arab resistance in the face of overwhelming odds." Those
are strong words coming from the great man of peace and proponent of nonviolent
resistance. Over the history of the conflict there has been a strong tendency on
the part of Israel and its allies and apologists to portray Palestinians as the
aggressors and Jews as the innocent victims of terrorism, without an honest
examination of the root causes of the violence. Today the world acknowledges
that Native Americans were the victims of ethnic cleansing, which resulted in
the forceful resistance of warriors like Sitting Bull and Crazy Horse. I submit
that the vast majority of Palestinians have not committed major acts of
violence, and those who have were also resisting the theft of their land, the
destruction of their culture and way of life, and the devaluation of their
children to something less than human. We should not be surprised when such
terrible injustices result in forceful resistance.
How can peace be achieved without such forceful resistance?
Nelson Mandela gave us a valuable clue at his trial for sabotage. He
testified that the African National Congress (ANC) had employed Gandhian
nonviolent resistance for more than fifty years, without success, because
such methods do not work when laws and courts have been rigged to
favor oppressors over their victims. Mandela did not resort to acts of
terrorism because he hated white people, or because he wanted to rule over them,
but because a wildly unjust system left him no other option. But if Israel were to establish fair laws and courts,
Palestinians would have a viable recourse to violence.
Justice is the key.
If we consider historical facts, it is justice that leads to peace, not
feelings. And this makes sense, because fair laws and courts make it too expensive to practice racism,
as lawbreakers
on both sides face fines, civil damages and/or prison sentences. Once justice
has been established, everyone willing to coexist can live together in peace, while everyone else ends up
broke, or in jail. But wherever justice does not exist violence invariably
results, with the greater violence being on the part of the oppressors because the laws and courts
have been rigged to favor and protect them. This is
clearly the case in Israel/Palestine today. As
Nobel Peace Prize laureates Jimmy Carter and Desmond Tutu have pointed out, Palestinians have been subjected to a system of daily, large-scale, systematic, grinding racism,
apartheid
and ethnic cleansing. Many Jewish peace and human rights organizations agree. But there is hope, if
we can persuade Israel to do what Americans, Germans and South Africans did,
when they established justice
in the form of fairer
laws and courts.
But how?, you may be wondering. Sure, it makes sense to say that
equality and justice are necessary for peace, but what can anyone
do, to persuade Israel to do what other nations have done
successfully? The answer may be surprisingly simple. It can, in
fact, be stated in a single sentence that we may call "The One-step Peace
Solution" or TOPS:
We need a new U.N. resolution requiring Israel to unconditionally establish equal rights
and fair, nonracist laws and courts for every human being under its
jurisdiction, whether civil or military, without exception.
Features of this new resolution that would help it succeed in reducing violence
and creating a foundation for a lasting peace include: (1) the resolution should be
backed by economic sanctions; (2) the courts should be able to set legal
precedents; and (3) important court cases should be subject to peer review by
judges appointed by the United Nations
in order to verify compliance.
We have also considered a variation of this resolution that focuses strictly on
the human rights of children under international law. In 1991, Israel signed the
United Nations' Convention on the Rights of the Child. In doing so, Israel
agreed to respect the human rights of all children under its
jurisdiction "without discrimination of any kind." Therefore, because non-Jewish
children are not treated as equals by Israel, whether they live in Israel
proper, or in Gaza, or in the Occupied Territories where Israel has military
jurisdiction, we believe there is an extremely strong case for a UN resolution
backed by economic sanctions to protect Palestinian children from illegal and
brutal actions perpetrated on them on a regular basis (such as home demolitions
and the arrest and detention of minors who are tried as adults in military
courts with a conviction rate close to 100%).
We have called this idea "The One-step Peace Solution"
because here on planet earth, peace requires justice and justice requires
equality. If we manage to establish equality and
justice, peace can begin to grow "organically" even if Israeli and Palestinian
politicians cannot agree on eternal borders. What politicians cannot accomplish in a fell swoop at the
bargaining table, fair laws and courts can accomplish, one case at at time, in an organic process. Fair laws and courts are the basis of civilization. Without
them, a just, lasting peace is impossible. But with them peace can begin to grow and flourish, regardless of who is running the show.
And it is important to note that fair laws and courts are compatible with a
one-state solution, a two-state solution, a bi-national state, a confederacy, an
EU-style union, or
any other form of democracy that may emerge over time.
If Israel complies with this new resolution, peace through justice becomes possible.
Palestinians will be protected from their homes being demolished and their
land being confiscated without due process. This will help reduce the anger
victims of such injustices
understandably feel, and the violence such anger often produces. And as
violence decreases, Israeli Jews will
benefit in many ways from the "peace dividend."
If Israel does not comply, the U.N. can impose economic sanctions and in due
course Israeli voters will "vote their pocketbooks" (a worldwide democratic
phenomenon), electing new leaders more amenable to equality and justice, and
thus to peace. But economic sanctions should not be necessary, once Israeli
voters and politicians understand their new reality. The possibility of economic
sanctions should be the catalyst for Israel to abandon its unsustainable and
peace-defeating "settlement expansions" in the West Bank.
If you think this idea has merit, please feel free to share this page with your family, friends and government representatives.
Respectfully,
Michael R. Burch
Questions and Answers:
Won't the United States veto this resolution, the way it has vetoed so many
other resolutions about Israel and Palestine in the past?
It will be very difficult for the U.S. government to veto a resolution that is
limited strictly to establishing equal human rights, fair laws and just courts.
After all, these are principles the entire world now confirms. And
the most famous phrase in the American Declaration of Independence is
"all men are created equal." How, then, can the U.S. government veto equal human
rights, fair laws and fair courts for millions of people? And if the U.S.
government considers such an unjust action, the international community can put
enormous pressure on the people making the decision, including the acting
president, by asking: "Who are you to deny equality and justice to your
suffering brothers and sisters? You claim that you believe in the fundamental
principles of equality and justice. Will you prove yourself and your nation to
be hypocrites, by vetoing your own creed of equality and justice for
everyone?" So this resolution has a chance to pass where other resolutions
were vetoed. Even it it doesn't pass, something will have been accomplished, as
the entire world will have see the hypocrisy of the United States clearly
exposed.
How can we be assured that Israel will abide by the resolution?
If the resolution is backed by economic sanctions, Israel will not be able to
ignore it, because Israel needs imports and exports to have a viable economy.
Isn't Israel already doing the things it needs to do according to
International Law, the Law of Occupation and the Geneva Conventions?
No. Here is a very helpful page created by the International Committee of the
Red Cross that spells out the things Israel should be doing as a military
occupier, according to international law:
https://www.icrc.org/eng/resources/documents/misc/634kfc.htm
Given its lack of teeth, and the diffusion of responsibility inherent within its
structure, how can we be assured the U.N. will follow through on the resolution?
The U.N. has followed through on sanctions imposed on Iraq and Iran, so there is
no reason that the U.N. cannot follow up on this one. One way to enforce the
resolution is for the U.N. to appoint a panel of judges to review important
court cases and make sure the principles of equality and justice are being met
by Israel's courts and judges. If the proper standards are being met, economic
sanctions will not be needed. If Israel's courts fail to meet the required
standards, the U.N. can impose an escalating series of economic sanctions, until
Israel complies.
How does the one-step solution differ from a one- or two-state solution?
Fair laws and courts are compatible with any just form
of government. Fair laws and courts are also
compatible with an "emerging" democracy in which everything doesn't have to be
agreed upon in advance. If Israeli and Palestinian politicians cannot agree on
eternal borders, for instance, a two-state solution falls apart. If they cannot
agree on the right of return of Palestinian refugees, a one-state solution falls
apart. But fair laws and courts can settle such matters in a series of smaller
steps, one legal case at a time.
Who can propose the new resolution?
Any member nation of the U.N. can submit a new resolution, so we don't have to depend on Israeli,
Palestinian or American politicians to "do the right thing." Politicians are often much better at
saying than doing the right
things. They often do what is expedient, rather than what is right. But FCR takes this unfortunate reality into account and operates through the U.N., bypassing American, Israeli
and Palestinian politicians in the early going. Once progress is being made in a
better direction, politicians can and hopefully will adapt to the improving climate.
Why go through the trouble of passing and implementing the one-step solution
when most of the world agrees the Palestinians need their own state and it needs
to happen now or never?
Creating a new political state in the middle of such chaos will be very
difficult, if not impossible. But FCR will help reduce the chaos and the
violence, which could help a Palestinian state emerge over time. But it is also
possible that when Israeli Jews and Palestinians see that they can live
together in peace, they will prefer a one-state solution. FCR keeps all the
doors open at all times, in terms of how the state(s) will be configured.
Why go through the trouble of passing and implementing such a resolution when a
single-democratic state, with equal rights for all is more ideal?
Similarly, it will be very difficult if not impossible to create a single state
amid such chaos, mistrust and violence. If a single state is to develop, it may have to
develop over time, as the conflicting sides learn to trust each other and work
together.
Why not let solutions arise from the Palestinians themselves, who may not even
want this resolution?
FCR does not impose any particular state configuration on either Palestinians
or Israelis. They are free to choose whatever solution they are able to agree
upon, between themselves. But in the meantime, if there is no mutual agreement,
there will at least be a system of justice that reduces chaos and violence.
What’s in the resolution for Israel?
There are tremendous benefits for Israel: (1) a just, lasting peace; (2) being
able to spend more money on productive things and less money on weaponry and
war; (3) ending the accusations that Israel is practicing
apartheid, ethnic
cleansing and
committing war crimes against a mostly defenseless people; (4) improving
Israel's standing in the world community; (5) improving Israel's relationships
with its neighbors who want the Palestinians to prosper rather than suffer; (6)
and the satisfaction of doing the morally correct things as a nation and as a
people.
Why would an occupying power relinquish control to a population that is openly
hostile and occupies a critical buffer zone between it and other hostile states?
Because peace is not possible as long as Israel remains an occupying power.
Because the open hostility is a result of the occupation. And because Israel has
massive military superiority over its neighbors and does not need a "buffer."
The last point was confirmed by the man most responsible for Israel's defense,
Defense Minister Ehud
Barak, in an interview he did with the Los Angeles Times. Barak
confirmed that Israel has massive military superiority over its neighbors and
does not fear an invasion or losing a war. Thus, Israel can negotiate from a
position of strength, rather than weakness.
Why should we believe peace with Israel is even possible?
Because history has demonstrated that fair laws and courts make racial peace
possible: (1) in Germany after the Allies defeated the Nazis and imposed a
fairer system of laws and courts; (2) in the United States, after the reforms
introduced by the American Civil Rights Movement; and (3) in South Africa after
apartheid was finally ended.
Will the resolution give Israel jurisdiction over areas currently under
Palestinian Authority control?
The resolution does not change Israel's jurisdiction. But in areas where Israel
has jurisdiction, it requires Israel's laws and courts to be fair. Israel's
military courts have a conviction rate of nearly 100% and cannot be considered
to be "just" in any sense of the word. Palestinian children are being arrested,
detained for long periods of time, and prevented from seeing their parents and
lawyers. With the resolution, such abuses would have to end, and ending such
abuses will help reduce tensions and violence on both sides.
Will Israeli Defense Forces continue to make arrests in areas controlled by the
Palestinian Authority?
The resolution does not stop such arrests directly, but it requires that when
arrests are made, the people being arrested must be treated as equals before the
law. So Jews should be treated no differently from Palestinians, and vice versa.
Wouldn’t extending civil law to the occupied territories signal a de facto end
to the occupation and a move toward annexation?
Not necessarily. Annexation is not a given, because lacking a political solution
acceptable to both sides, just courts would decide what happens on a
case-by-case basis. If Palestinians have a better legal claim to land in the
West Bank, then some of the land that has been informally "annexed" by
Israel may pass back into Palestinian hands. If Israel seeks to annex land in
the West Bank, Palestinians can sue to protect their rights.
How will the resolution effect Gaza, where Israel seldom stations troops or make
arrests, but tends to do the most damage?
Gazans will have the right to sue Israel for death, dismemberment, loss of
property, etc., in fair courts. So Israel will have to consider the cost of inflicting so much
damage on noncombatants in Gaza.
What might the relationship of such a movement be to the Boycott, Divestment,
Sanctions movement?
Whenever Israel does not treat Palestinians as human beings with fully equal
rights, both the resolution and the BDS movement seek similar
goals using similar methods. If Israel reforms its policies and actions,
then neither U.N. economic sanctions or BDS actions will be needed.
How will the resolution affect the right of return?
That is a matter the courts will determine, over time. If there is a political
solution that the courts deem legal, the matter can be decided by Israeli and
Palestinian negotiators. But whatever happens will have to meet the tests of
equality and justice for both sides.
How would the resolution affect Palestinian rights to West Bank groundwater,
80-90 percent of which is currently being used by Israel?
As with the right of return, this can be determined
by negotiators if the courts deem the settlement legal, or lacking a political
solution, the courts would determine what happens on a case-by-case basis.
Are there weaker and stronger versions of the resolution, and if so, what do
they look like?
The "weakest" version of the resolution would be a U.N. requirement that
requires Israel to recognize the human rights of all individuals under its
jurisdiction, without any oversight, enforcement or sanctions. Based on what
Israel has done in the past, one might predict that Israel would either ignore
the resolution or only pay lip service to human rights and justice, while
continuing to acquire land illegally in the West Bank. The "weak" resolution
would at least express the concerns of the international community, but it seems
doubtful that it would achieve the goal of a just, lasting peace for Israelis
and Palestinians. The "strongest" version of the resolution would incorporate
the following: (1) the resolution would be backed by economic sanctions; (2) the
courts would be able to set legal precedents; and (3) important court cases
would be subject to peer review by judges appointed by the United Nations.
The Proposed Resolution
first draft composed by Avram Meitner, January 30, 2015
The General Assembly,
Recalling the historic adoption of Resolution 217,
Further recalling the adoption of the Universal Declaration of Human Rights as a
common standard of achievement for all peoples and all nations,
Noting with deep concern the loss of both Israeli and Palestinian lives in
recent years,
Fully aware of the complexities of the ongoing conflict,
Believing that a restatement of our common humanity will serve the pursuit of
peace;
Declares that both Israelis and Palestinians:
1. are born free and equal in dignity and rights. They are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood.
2. have the right to life, liberty and security of person.
3. are equal before the law and are entitled without any discrimination to equal
protection of the law.
4. are entitled in full equality to a fair and public hearing by an independent
and impartial tribunal, in the determination of their rights and obligations and
of any criminal charge against them.
Letters and Correspondence
The One-Step Peace Solution
(TOPS)
by Theo Horesh
A true chess master will often win a match long before his opponent grasps his
downfall. Why? Because there are certain moves that allow the end game to
develop. We can think of this in terms of logic: certain moves necessitate all
resulting moves. Or we can think in terms of "snowball" effects: certain
movements have a way of building over time, until a tiny snowball creates an
avalanche.
Ending the Israeli occupation of Palestinian territories may require setting
such an escalating process in motion. First steps tend to be easier to implement
than total solutions because they are less threatening and allow present leaders
to defer more difficult questions to the future. Partial solutions can also
create space for new, previously-unimagined solutions, as people adapt to each
step in the process of transformation.
Israelis and Palestinians are currently engaged in a zero-sum game. There is
only so much territory and it must somehow be divided between the two parties,
or shared. Some want everything for the Israelis, others want everything for the
Palestinians, while others want a division that favors their side. But zero-sum
games inevitably lead to conflict in which the stronger power usually wins. And
zero-sum conflicts tend to leave both sides insecure, stressed out, and worried
about losing everything.
An increasing number of individuals would like to form a single democratic
state, with equal rights for all. But getting there is not easy. Israelis tend
to see the one-state solution as a masked call for Palestinian demographic
dominance. Thus achieving such a state would almost certainly require
significant outside pressure, coupled with internal efforts at reconciliation.
And even under the best of circumstances, it could take decades to build an
international consensus to make it happen.
Military occupations are usually brutal. The siege of Gaza has crippled economic
and life prospects there. The occupation of the West Bank involves the theft of
Palestinian property for settlement building, the destruction of olive trees,
the arrest and detention of Palestinian children, and a patchwork of invasive
checkpoints. Such unjust occupations are resisted through peaceful protests,
stone throwing and occasional acts of terrorism. Halting the worst of these
abuses might, if nothing else, dramatically improve the quality of life for
Palestinians while reducing tensions on both sides.
But as Mike Burch, a friend and editor and publisher of Nakba and Holocaust
poetry has pointed out, any change in the status quo must get past the American
gatekeeper. This requires major shifts in public opinion and power in
Washington, or else making American politicians an offer they can't refuse.
Israel made such an offer to the Palestinian Authority at Oslo, but it left the
PA burdened with policing the occupation. If it refuses to do the policing, the
PA loses power and West Bank cities are taken over by Israeli Defense Forces.
But by policing the West Bank, the PA becomes a party to the occupation – a
classic double bind. Ironically, the same sort of double bind may be applied to
the U.S. through a new U.N. Security Council resolution proposed by Burch.
Perhaps the hardest resolution for the U.S. to veto would be one calling solely
for basic Palestinian human rights. This is true because the most famous phrase
in the most famous American foundational document is "all men are created
equal." Can the U.S. veto the American creed on the world stage, in the court of
human opinion?
If the U.S. cannot veto human rights for Palestinians, Israel will have to
change its ways, because while the PA ostensibly polices West Bank cities, in
truth the IDF maintains a near-totalitarian control of the areas within and
around them. When Palestinians are arrested, they are not tried under Israeli
law, but rather in military courts which enforce several thousand overlapping
military decrees. Few Palestinians enjoy adequate representation or fair trials,
and many are picked up for peaceful protesting, then are pressured to become
informers. Some are tortured, according to humanitarian watchdog organizations
like Amnesty International.
Meanwhile, Israeli settlers often literally get away with murder. Hilltop youth
terrorize local Palestinians in an effort to run them off their lands. And the
discrimination in Israel proper runs far deeper than even most Israelis imagine.
Palestinians are educated in separate, unequally-funded schools, are forbidden
from buying most Israeli land, are discriminated against in the workplace for
never having served in the army, and in some cases can be separated from their
own children if they marry spouses unacceptable to the apartheidist state. And
of course Jews abroad who have never set foot in Palestine have the right of
return, while native Palestinians don't.
These legal abuses might be ended, as Burch suggests, through passing a Security
Council resolution that mandates full equality before the law for Palestinians
in areas under Israeli control. Such a resolution would draw attention to
current inequalities and would be harder for the U.S. to veto than other more
comprehensive solutions of the past. While the expectation of equality before
the law runs deep in American culture, supporters of Israel seldom defend
Israeli inequalities, but instead argue that they simply do not exist. Arguing
against such a resolution would thus first necessitate admitting that the
inequalities do, indeed, exist.
The genius of the solution lies not only in the fact that it would have a better
chance of passing than previous resolutions, but it also sets the condition for
nonviolent solutions to come. A native of Tennessee, Burch notes that the U.S.
Supreme Court set the conditions for ending segregation in the American South.
American courts, in effect, curbed the lawlessness of Southern states. And by
treating blacks and whites as equals in principle, they transformed the basis of
relations between the two groups. Fair and equal courts are foundational to
democracy. And they enshrine reconciliation in the law. American whites and
blacks have generally friendlier relations today because American courts made
the breaking of common ground possible.
Relative equality before the law would curb the worst abuses of, but not
immediately end, the occupation. This would make it more acceptable for the U.S.
and Israel and therefore easier to pass. By improving the day-to-day conditions
of Palestinian life under occupation, it would help ease the strains of the
conflict. By legalizing and protecting civil protest it might also facilitate
the emergence of a genuine nonviolent movement able to end the occupation
peacefully. By easing tensions it would set the conditions for a two-state
solution, or help a single democratic state emerge. In either case, the
provision of full civil rights would be foundational. Hence, this “first-step
solution” would set in motion a process compatible with one state, two states, a
bi-national state, a confederacy, or any other just configuration.
Such a U.N. Security Council resolution would, of course, be difficult to
enforce. But this could be left to an body of peer judges appointed by the U.N.
to determine whether Israeli courts are acting in good faith. If not, the
International Court of Appeals would have the power to impose sanctions. Any
number of countries might initiate the new U.N. resolution, and because vetoing
it might be more embarrassing than usual for the U.S., many countries would have
an interest in placing them in this unique double bind. The U.S. would
understandably not want to be put in such a Catch-22 position, and might put
more pressure on Israel to avoid it. While it may not be a perfect solution, and
while it leaves many questions unanswered, it is nonetheless an elegant solution
which sets in motion an "escalating peace process." But this peace process is
still in the early stages of development and could use your input. Please share
your questions and concerns and ask friends for their suggestions. We especially
need help from people versed in international law to help us with the specific
wording of the resolution.
***
Questions posed by Dr. Milena Rampoldi:
1.- As I can understand your point of view LAW can bring PEACE. How do you
think this is possible for Palestinians and Jews after these hateful decades of
war?
Yes, I firmly believe so. And I think history demonstrates that peace is
possible, when the laws and courts are nonracist and just. Take, for example,
the situation of Jews in Germany after the Holocaust. Obviously, there were very
bitter feelings on the part of the Jews who survived the Holocaust. Many of them
left Germany, but many stayed. Today I believe there are more than 200,000 Jews
who live in Germany, and more Jews are emigrating to Germany. Something very
similar happened in the American South, where I live. Before the mid 1900s we
had slavery, then Jim Crow laws, kangaroo courts and segregation. Black
Americans could not drink from the same water fountains as white people. They
had to sit at the back of the bus. But once the United States had fairer laws
and courts, things began to change for the better. Today I live in an
upper-class neighborhood that is open to everyone of every skin color and tone.
And we really do get along. So it is possible for fair laws and courts to
created friendships between former bitter enemies, over time.
2.- Do you think a real democracy with no apartheid and equality of all in front
of the law is enough to guarantee the long-lasting peace? And why should it work
considering all the religious and nationalist movements in the region on both
sides?
I'm not sure that we can guarantee a long-lasting peace. But I think we can
greatly increase the chances for a long-lasting peace, in a nonviolent way. I
think it should work despite the diverse religious and nationalistic movements.
The United States is extremely diverse. The European Union is extremely diverse.
The greater the diversity, the more equality becomes necessary, I believe, or
the group in power takes advantage of the other groups, and that leads to
friction and hostilities. Then things begin to escalate and you have an
avalanche of horrors.
3. - If we consider historical facts, it is justice that leads to racial peace,
not feelings. Can you explain this thesis to our readers?
Yes, I will use three examples of justice leading to racial peace. Not perfect
peace, but relative peace.
(1) The situation of Jews and other "undesirable" people in Germany improved
quickly and remarkably after the Allies forced Germany to create a fairer system
of laws and courts.
(2) The situation of blacks and other minorities improved quickly in the United
States once American courts began to protect the victims rather than the
oppressors.
(3) The situation of blacks in South Africa began to improve quickly once fairer
laws and courts were established.
There were no sudden outpourings of love and affection in these cases. Rather,
implementing a better system of justice allowed people on both sides to see that
they could live together in relative peace. That led to more friendships
forming, over time.
4.- Do you think we should give such much power to the USA? Would it not be
better to take the veto right from the USA?
I think it would be much better to take the veto away from the permanent
Security Council members. But the superpowers do not trust each other, so I do
not expect them to give up their vetoes willingly. I'm sure they would veto
their vetoes being taken away!
5. - If we consider historical facts, it is justice that leads to racial peace,
not feelings. Is this peace possible without the involvement of the masses of
people?
Yes, I think so. When the United States began to reform its laws and courts,
there were a few brave souls who made it happen: Dr. Martin Luther King Jr.,
John F. Kennedy, Robert Kennedy, and a relatively small number of people with
similar liberal views. The majority of Americans did little or nothing. The
attitudes and beliefs of the masses did change over time.
***
Dear Richard Falk,
I am an editor and publisher of Holocaust and Nakba poetry. I am an admirer of
your work for peace and we have spoken briefly in the past. I have been working as a peace activist for many years, and I
have devoted a lot of time and considerable thought to the question: "How can
there be a real, lasting peace between Israeli Jews and Palestinians?" I know
you are a busy man and I don't want to waste your time, so I will be brief. I
think the answer would be simple if the government of Israel wanted peace more
than it wants to keep acquiring land in the West Bank. The answer is that peace
requires justice, and justice requires equality, so one must begin by
establishing fair laws and just courts. But how can we
establish fair laws and just courts in Israel/Palestine? When I studied the UN
votes, it became apparent that only the US security council veto was preventing
the UN from creating a path to peace, with the right resolution and enforcement
thereof.
So the question became: "What sort of new UN resolution would help Israeli Jews
and Palestinians achieve peace, that the US could not veto?" The answer I
discovered is that the US cannot veto its core belief -- enshrined in the most
famous passage in the Declaration of Independence -- that "all men are created
equal." And that is exactly the rule that Israel needs to establish and enforce,
in order to have a lasting peace.
So my idea, in a nutshell, is that we need a new UN resolution backed by
economic sanctions that is strictly about human rights.
I have created a brief webpage with my idea about the wording of this new UN
resolution, but I am not am not an expert on international law, so I need advice
on the wording. Again, I realize that you are a very busy man, but if you could
take a few minutes of your time to advise me, in the cause of peace, I would
very much appreciate it.
Here a link to the webpage:
http://www.thehypertexts.com/peace.htm
Thanks so much,
Mike Burch
***
Dear Stanley L. Cohen,
I am the editor and publisher of Holocaust and Nakba poetry who tweeted you
earlier today. I have been working as a peace activist for many years, and I
have devoted a lot of time and considerable thought to the question: "How can
there be a real, lasting peace between Israeli Jews and Palestinians?" I know
you are a busy man and I don't want to waste your time, so I will be brief. I
think the answer would be simple if the government of Israel wanted peace more
than it wants to keep acquiring land in the West Bank. The answer is that peace
requires justice, and justice requires equality, so one must begin by
establishing fair laws and just courts to enforce those laws. But how do we
establish fair laws and just courts in Israel/Palestine? When I studied the UN
votes, it became apparent that only the US security council veto was preventing
the UN from creating a path to peace, with the right resolution and enforcement.
So the question became: "What sort of new UN resolution would help Israeli Jews
and Palestinians achieve peace, that the US could not veto?" The answer I
discovered is that the US cannot veto its core belief -- enshrined in the most
famous passage in the Declaration of Independence -- that "all men are created
equal." And that is exactly the rule that Israel needs to establish and enforce,
in order to have a lasting peace.
So my idea, in a nutshell, is that we need a new UN resolution backed by
economic sanctions that is strictly about human rights.
I have created a brief webpage with my idea about the wording of this new UN
resolution, but I am not am not an expert on international law, so I need advice
on the wording. Again, I know that you are a very busy man, but if you could
take a few minutes of your time to advise me, in the cause of peace, I would
very much appreciate it.
Here a link to the webpage:
http://www.thehypertexts.com/peace.htm
Thanks so much,
Mike Burch
***
5-30-2021
Dear K.M. Seethi,
It was my honor to serve as your editor for such an important article. If you
write anything else on the subject, please feel free to email me and I will be
glad to help with the editing. It is the least we can to help one of the world's
most beleaguered tribes in their battle for equality and justice.
But I think there is a way to help in a much bigger way, if only we "think
outside the box." I have been a peace activist for the better part of two
decades, with a focus on Palestine, and during my studies I happened on some
facts that "add up" to a way to help the Palestinians while protecting Israeli
Jews at the same time. Some of the peace activists I work with think this is a
"genius" idea and perhaps the only way to take the first step toward peace, but
we lack the contacts and influence to advance the idea. It would be a wonderful
thing if a university named after Gandhi, the great man of peace, were to help
bring about peace in one of the world's hottest racial "hot spots." I have
observed in the past that if this idea can be used to bring about peace in the
Middle East, it would prove that war is never necessary, because the path to
peace lies in fair laws and courts, and the enforcement of those laws.
I truly appreciate your time to read this idea, and to let me know your
thoughts and suggestions. Here is the plan, called the Fair Courts Resolution
(FCR), thinking "backwards" from the goal to the solution ...
The goal is peace in Israel/Palestine, and to prove that war is never
necessary, creating a path to world peace.
Peace requires justice for everyone on both sides of the conflict.
Justice for everyone requires real equality.
Justice with real equality can only be enforced by fair, nonracist laws and
courts.
Therefore, the solution to the Israeli/Palestinian conflict is to create fair,
nonracist laws and courts for everyone in the region. But how to do this?
The solution is a UN resolution requiring the creation of fair, nonracist laws
and courts for everyone under Israel's jurisdiction, whether civilian or
military. Economic sanctions would enforce compliance and there would be peer
review of important cases by judges appointed by the UN.
However, the US government has been vetoing UN resolutions related to Israel, so
what can be done about that?
It would be incredibly difficult for the US to veto a resolution that was ONLY
about human rights, and even more difficult if the resolution was ONLY about
children's rights.
Therefore, this is the "first step" toward peace in Israel/Palestine:
In 1991, Israel signed the United Nations' Convention on the Rights
of the Child. In doing so, Israel agreed to respect the human rights of all
children under its jurisdiction "without discrimination of any kind." Therefore,
because non-Jewish children are not being treated as equals by Israel, whether
they live in Israel proper, or in Gaza, or in the Occupied Territories where
Israel has military jurisdiction, we believe there is an extremely strong case
for a UN resolution backed by economic sanctions to protect Palestinian children
from illegal and brutal actions perpetrated on them on a regular basis (such as
home demolitions and the arrest and detention of minors who are tried as adults
in military courts with a conviction rate close to 100%).
Please note three unique things about this peace plan. First, the FCR
addresses children's rights initially, with the next step being to extend full
protection to all human beings. However, protecting children will offer
significant protection to their parents and families from the beginning: for
example, by preventing home demolitions and the theft of the underlying land. If
it is possible to skip the first step and immediately protect adults as well,
that is wonderful and the plan helps either way. Second, the FCR is completely
compatible with a single state, two states, a bi-national state, a
confederation, or an EU-style union. It does not impose any particular state
configuration on either side. Third, limiting the scope strictly to the human
rights of children in the first step completely defeats any US or Israeli
arguments against the resolution. What is the counter-argument?
There is more to the plan that just this, and I will paste the full proposal
below, but what I have spelled out so far is the gist of the idea. I came up
with this idea in 2009 but have had no way to advance it. It is my understanding
that the Carnegie Endowment for Peace put out a paper recently arguing that
Palestinians and Jews should be granted equal rights in all areas controlled by
Israel. It would be wonderful if your university and the Carnegie group could
team up, with two names that carry so much weight and influence. Meanwhile the
lives and fates of millions of people hang in the balance, and perhaps the
prospects for world peace as well. So it seems incumbent on us to do what we
can, even when the odds seem insurmountable, as they once did for Mahatma
Gandhi, Martin Luther King Jr. and Nelson Mandela.
Following is the "whole shebang" but what I have provided above is the gist
of the idea.
Again, thanks for taking the time to read my idea and consider it. I look
forward to hearing back from you when time permits, and I do hope we can work
together as allies in the cause of peace through justice.
My warm regards,
Mike Burch
***
05-30-2021Dear Zaha Hassan,
I am a peace activist with a novel idea about a way to achieve peace in
Israel/Palestine. I hope you will take two minutes to read my plan and let me
know if you think it has any merit.
I have been a peace activist for the better part of two decades, with a focus on
Palestine, and during my studies I happened on certain facts that I believe "add
up" to a way to help the Palestinians while protecting Israeli Jews at the same
time. Some of the peace activists I work with think this is a "genius" idea and
perhaps the only way to take the first concrete step toward peace, but we lack
the contacts and influence to advance the idea. It would be a wonderful thing if
your organization were to help bring about peace in one of the world's hottest
"hot spots." I have observed in the past that if this idea can be used to bring
about peace in the Middle East, it would prove that war is never necessary,
because the path to peace lies in fair laws and courts, and the enforcement of
those laws.
I truly appreciate your time to read this idea, and to let me know your thoughts
and suggestions. Here is the plan, called the Fair Courts Resolution (FCR),
thinking "backwards" from the goal to the solution ...
The goal is peace in Israel/Palestine.
Peace requires justice for everyone on both sides of the conflict.
Justice for everyone requires real equality.
Justice with real equality can only be achieved via fair, nonracist laws and
courts.
Therefore, the solution to the Israeli/Palestinian conflict is to create fair,
nonracist laws and courts for everyone in the region. But how?
The solution is a UN resolution requiring the creation of fair, nonracist laws
and courts for everyone under Israel's jurisdiction, whether civilian or
military. Economic sanctions would enforce compliance and there would be peer
review of important cases by judges appointed by the UN.
However, the US government has been vetoing UN resolutions related to Israel, so
what can be done?
It would be incredibly difficult for the US to veto a resolution that was ONLY
about human rights, and even more difficult if the resolution was ONLY about
children's rights.
Therefore, this is the "first step" toward peace in Israel/Palestine:
In 1991, Israel signed the United Nations' Convention on the Rights of the
Child. In doing so, Israel agreed to respect the human rights of all children
under its jurisdiction "without discrimination of any kind." Therefore, because
non-Jewish children are not being treated as equals by Israel, whether they live
in Israel proper, or in Gaza, or in the Occupied Territories where Israel has
military jurisdiction, we believe there is an extremely strong case for a UN
resolution backed by economic sanctions to protect Palestinian children from
illegal and brutal actions such as home demolitions and the arrest and detention
of minors who are tried as adults in military courts with a conviction rate
close to 100%.
Please note three unique things about this peace plan. First, the FCR addresses
children's rights initially, with the next step being to extend full protection
to adults. However, protecting children will offer significant protection to
their parents and families from the beginning: for example, by preventing home
demolitions and the theft of the underlying land. If it is possible to skip the
first step and immediately protect adults as well, that is wonderful and the
plan helps either way. Second, the FCR is completely compatible with a single
state, two states, a bi-national state, a confederation, or an EU-style union.
It does not impose any particular state configuration on either side. Third,
limiting the scope strictly to the human rights of children in the first step
completely defeats any US or Israeli arguments against the resolution. What is
the counter-argument?
I came up with this idea in 2009 and published it, but have had no way to
advance it. It is my understanding that the Carnegie Endowment for International
Peace recently put out a paper arguing that Palestinians and Jews should be
granted equal rights in all areas controlled by Israel. My idea shows how this
can be accomplished.
Thanks in advance for taking the time to read my idea and consider it. I look
forward to hearing back from you when time permits, and I do hope we can work
together as allies in the cause of peace through justice.
My warm regards,
Mike Burch
A Brief History, Chronology and Timeline of the Fair Courts Resolution
(FCR)
June 6, 2009: Michael R. Burch (MRB) proposes the idea of a new UN resolution
protecting both Israelis and Palestinians that is based strictly on fair laws
and courts (i.e., the FCR) to George McGovern by hand-delivering it in letter
form during a book-signing event in Nashville. While standing in line, MRB met
Zainab Elberry (ZE), an Egyptian-American peace activist who would later agree
to add her name to the peace plan, which then become known as the Burch-Elberry
Peace Initiative.
June 26, 2009: MRB proposes the FCR in a letter to the editor of his local
newspaper, the Tennessean, that was published on June 30, 2009.
August 14-22, 2009: MRB proposes the FCR in communiqués to Paul Stevens, Malcolm
Fraser and Bill Clinton (the latter through a mutual acquaintance, Dr. Fred
Taylor). The title Burch-Elberry Peace Initiative is used for the first time.
October 10, 2009: More than a hundred Tennesseans walked in silence from the
Bicentennial Mall to the steps of the State Capitol building, in support of
equal human rights for Palestinians. MRB and ZE were two of the speakers, along
with two of the original Freedom Riders who rode buses from Nashville to
Birmingham during the dark days of American apartheid.
July 4, 2010: The first formal draft of the Burch-Elberry Peace Initiative is
written by MRB on Independence Day. The FCR is immediately published online by
United Progressives.
July 5, 2010: The section on “racism too expensive to practice” is expanded,
for clarity, thanks to comments made by Tom Merrill. The FCR is published by the
National Forum of India and Fullosia Press.
July 10, 2010: There is “fine-tuning” of the language throughout and the
addition of section headings.
July 16, 2010: More “fine-tuning” of language throughout. Discussion of “lag
time” added.
July 25, 2020: The FCR is published by Ethos Literary Journal.
August 6-24, 2010: More “fine-tuning” of language throughout, followed by
“pruning” to keep total word length below 8,000 characters, for Facebook
posting.
September 24-28, 2010: Created “short version” for newspaper letters and
op-eds.
October 21, 2010: MRB presented the Burch-Elberry Peace Initiative to Aziz
Mekouar, the Moroccan Ambassador to the United States, at a gala event held in
the Grand Ballroom of Nashville's Vanderbilt Plaza hotel.
June 8, 2011: The FCR is published by the Free Palestine Blog.
December 2-26, 2010: The FCR is published as "The Path to Peace" by the Chet
Justice Blogspot.
June 23, 2012: MRB wrote the first draft of the revised FCR with the title
Berlin-Thompson Peace Proposal.
June 25-26, 2012: MRB shared the new draft with Kamal Nawash, Josef Avasar
and Doron Tzur.
July 1, 2012: MRB presented the FCR to Michael James, Arik Ascherman and Ari
Greenblatt.
January 11, 2015: The FCR is discussed during an MRB interview with
ProMosaik, a multicultural press that publishes in six languages.
January 30, 2015: With input from MRB and Theo Horesh, an experienced peace
activist and organizer, a
first draft of a formal letter to the UN General Assembly is composed by Avram
Meitner.
May 30, 2021: MRB emailed the latest version of the FCR to K.M. Seethi, Zaha
Hassan, Michele Dunne and Nathan J. Brown.
Links, Templates, Models and Ideas
Libya UN Resolution 1973 with text analyzed:
http://www.bbc.com/news/world-africa-12782972
Resolutions adopted by the UN Security Council, by year:
http://www.un.org/en/sc/documents/resolutions/
History of sanctions:
http://www.sanctionswiki.org/Main_Page
The HyperTexts