Gershon Baskin: Annapolis Gains Momentum

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There is great public skepticism regarding the outcome of the Annapolis meeting. Many of the skeptics state that at the end of the day, it was little more than a photo-op for the principals – Bush, Olmert and Abbas – and that it produced no real substance.

The failure of the parties to produce a joint statement that contained any content on the principles for resolving the core issues for permanent status, for some, points to the Annapolis meeting as a failure.

In fact, the main strategic aim of Ehud Olmert and Mahmoud Abbas from Annapolis was to survive the meeting politically. That aim was achieved. Perhaps too little for some, however there is a new negotiating process under way, and it is the only game in town.

The meeting did also buy for Olmert and Abbas a year of domestic political freedom that can now be used to arrive at the permanent status agreement.

The process did set up a formal mechanism for carrying out negotiations and has produced an American commitment to monitor, and for the first time, to judge, the parallel implementation of the road map phase I obligations of both sides. The negotiating mechanism established contains two main elements: the continuation of the biweekly Olmert-Abbas meetings and the establishment of a steering committee that will devise further mechanisms for negotiating permanent status.

THE PROCESS set forth has several severe limitations. For one, in the absence of the framework agreement or the “package deal” that will include the principles for dealing with the hard core issues (Jerusalem, boundaries, settlements, refugees and security) the steering committee and its sub-committees will be limited in their ability to proceed with many of the non-core permanent status issues. Nevertheless, there are a whole set of issues, mainly technical in nature, that can be confronted and negotiated without regard to the final location of the border or the determination of how the refugee and Jerusalem issues will be dealt with and agreed upon.

The main negotiations on the core issues will have to be dealt with by the Olmert-Abbas track, supported by their confidants and advisers. This must be done under a complete “news blackout” and can only be successful if dealt with as a package, and not by negotiating each issue separately from the others.

The steering committee and its sub-committees will be, by nature, a more public process and as such will be subject to use and abuse by both sides through media leaks – both intentional and unintentional – as part of the process of providing information and disinformation as a tool of creating pressure on the negotiators. This is only one of the potentially dysfunctional aspects of the negotiations process under the work of the steering committee. It also seems apparent that the heads of the steering committee – Tzipi Livni and Ahmed Qurei – lack the very basic good chemistry that has characterized the relationship of Olmert and Abbas.

THE INCLUSION of the US monitoring mechanism that allows for “judging” is a new and positive development that will assist the parties in the parallel implementation of their road map obligations. This mechanism should include a clear definition of what those obligations are.

Additionally, the monitors should create a tri-lateral committee – Israelis, Palestinians and Americans – aimed at assisting and facilitating the implementation. When problems arise or when breaches of obligations are committed, the tri-lateral committee should attempt to work out agreements on resolving the difficulties prior to reporting on them in the formal confidential and public mechanisms for reporting that will be established.

It should be clear that much progress can be made in the realm of implementing road map obligations, economic development projects in the West Bank (and even in Gaza) and on the technical negotiations not connected to the core issues.

Once Olmert and Abbas do produce a draft framework agreement on core issue principles, and it is presented to the public, the Israeli coalition government will cease to exist and Israel will enter a new period of early elections. The elections will serve as a referendum on the draft agreement and will determine if the negotiations for permanent status will continue and if there will be something to implement subsequently.

There is no possibility of reaching the agreement on the core issues in a public process or through several sub-committees of the steering committee. This must be done in the Olmert-Abbas track.

The work of the steering committee is important and must be more than a smoke-screen for the hard core-issue negotiations at the Olmert-Abbas level. The steering committee’s work must deal with substance and will also be the more public face of the process.

One of the functions of the steering committee will be, by definition, a mechanism that will influence public opinion. Therefore, the heads of the steering committee should be very cautious in their public statements and the influence that these will have in setting the public mood.

Skepticism may remain high because the public will be largely excluded at this point from the core negotiations. There will be huge speculation in the media about the nature of the compromises and concessions that the leaders will be making. This will lead to public debate and perhaps even more to the issuing of threats by leaders of various political factions and groups on both sides.

With the understanding that Israel will have to go to elections following the publication of the draft agreement and that the Palestinians too will engage in some process of public referendum, Olmert and Abbas must proceed with determination to reach an agreement regardless of the domestic political concerns.

The work of the steering committee and its sub-committees may be more influenced by day-today realities on the ground and domestic political concerns, but the Olmert-Abbas track must be insulated from external influences. Without this, the core-issue negotiations may be easily side-tracked and derailed. With all of the skepticism, it should be realized that the very future of the viability of the two-state solution is at stake. The Annapolis process has taken off. It must now succeed.

Gershon Baskin: Annapolis Gains Momentum

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AUTHOR

Alan M. Dershowitz

Professor Alan Dershowitz of Harvard Law School has been described by Newsweek as "the nation's most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights." Time magazine, in addition to including him on the cover story on the "50 Faces for the Future," called him "the top lawyer of last resort in the country -- a sort of judicial St. Jude." Business Week characterized him as "a feisty civil libertarian and one of the nation's most prominent legal educators." He has been profiled by every major magazine ranging from Life ("iconoclast and self-appointed scourge of the criminal justice system"); to Esquire ("the country's most articulate and uncompromising protector of criminal defendants"); to Fortune ("impassioned civil libertarian" who has "put up the best defense for a Dickensian lineup of suspects"); to People ("defense attorney extraordinaire") and to New York Magazine ("One of the country's foremost appellate lawyers"). More than 50 of his articles have appeared in the New York Times Magazine Book Review, and Op- Ed Pages. He has also published more than 100 articles in magazines and journals such as The Washington Post, The New Republic, Saturday Review, The Harvard Law Review, and the Yale Law Journal.

Syndicated, more than 300 of his articles have appeared in 50 United States daily newspapers, including The Los Angeles Times, San Francisco Chronicle, The Boston Herald, and The Chicago Sun Times. His essay "Shouting Fire" was selected for inclusion in "The Best American Essays of 1990."

Mr. Dershowitz is the author of a dozen fiction and non-fiction works. His writing has been praised by Truman Capote, Saul Bellow, William Styron, David Mamet, Aharon Appelfeld, A.B. Yehoshua and Elie Wiesel. More than a million of his books have been sold worldwide. Professor Dershowitz's latest book is a novel, The Trials of Zion (2010). His book, Preemption: The Knife that Cuts Both Ways, was published by WW Norton in February 2006. Titles among his other books include: The Case For Peace (2005), America On Trial (2004), The Case For Israel (2003), and Why Terrorism Works (2002), Supreme Injustice: How the High Court Hijacked Election 2000, Letters to a Young Lawyer, and Shouting Fire: Civil Liberties in a Turbulent Age. The Advocate's Devil was published by Warner Books in 1994. The New York Times Book Review gave Dershowitz's first novel "A thumbs up verdict...exciting, fast paced, entertaining." The Times hailed this courtroom thriller as "a dazzling, often rather graphic portrayal of that greatest of all oxymorons -- legal ethics." The Advocate's Devil was made into a Tri-Star television movie.

Also in 1994, Little, Brown & Company published The Abuse Excuse, a provocative collection of essays examining the relationship between individual responsibility and the law. His other full-length publications include Contrary to Popular Opinion, Chutzpah, Taking Liberties: A Decade of Hard Cases, Bad Laws, and Bum Raps, Reversal of Fortune: Inside the von Bulow Case, and The Best Defense.

Professor Dershowitz's writings have been translated into French, German, Hebrew, Japanese, Thai, Chinese, Italian, Spanish, Swedish, Danish, Russian, and other languages. His clients have included Anatoly Shcharansky, O.J. Simpson, Claus von Bulow, Michael Milken, Jonathan Pollard, Leona Helmsley, Jim Bakker, Christian Brando, Mike Tyson, Penthouse, Senator Mike Gravel, Senator Alan Cranston, Frank Snepp, John Landis, John DeLorean, David Crosby, Dr. Peter Rosier, Wayne Williams, Fred Wiseman, Patricia Hearst, Harry Reems, Stanley Friedman, the Tyson brothers, various death row inmates, Rabbi Meir Kahane, and numerous lawyers including F. Lee Bailey and William Kunstler. He has been a consultant to several presidential commissions and has testified before congressional committees on numerous occasions.

In 1983, the Anti-Defamation League of the B'nai B'rith presented him with the William O. Douglas First Amendment Award for his "compassionate eloquent leadership and persistent advocacy in the struggle for civil and human rights." In presenting the award, Nobel Laureate Elie Wiesel said: "If there had been a few people like Alan Dershowitz during the 1930s and 1940s, the history of European Jewry might have been different." He has been awarded the honorary doctor of laws degree by Yeshiva University, the Hebrew Union College, Monmouth College, and Haifa University. The New York Criminal Bar Association honored Professor Dershowitz for his "outstanding contribution as a scholar and dedicated defender of human rights."

Alan Dershowitz was born in Brooklyn, graduated from Yeshiva University high school and Brooklyn College. At Yale Law School, he was first in his class and editor-in-chief of the Yale Law Journal. After clerking for Chief Judge David Bazelon and Justice Arthur Goldberg, he was appointed to the Harvard Law faculty at age 25 and became a full professor at age 28, the youngest in the school's history. Since that time, he has taught courses in criminal law, psychiatry and law, constitutional litigation, civil liberties and violence, comparative criminal law, legal ethics and human rights. He has lectured throughout the country and around the world -- from Carnegie Hall to the Kremlin.

Professor Dershowitz continues to play basketball, regularly attends Boston Celtics home games, and occasionally comments on the Boston sports scene.

In his speeches, versatile civil libertarian Alan Dershowitz addresses social, legal and ethical issues:

 

 

  • Legal Issues: 'Why Good Lawyers Defend Bad Clients,' and 'Global Perspectives on Justice and Civil Liberties'

 

 

 

 

  • Social Issues: 'Religion Politics and the Constitution,' and 'The Genesis of Justice'

 

 

 

 

  • Ethics and Values: 'Does Organized Religion Have an Answer to the Problems of the 21st Century,' and 'Legal and Moral Struggles; Unpopular Cases and Causes'

 

 

Professor Dershowitz resides in Boston.

Copyright 2005, The Harry Walker Agency, Inc. All Rights Reserved.


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