Wednesday, June 3, 2009

It's been the case for millennia that, absent "severability provisions", once a side violates its agreement, the other side is free of its obligations

Obama unexpectedly joins Barak-Jones meeting Herb Keinon and Hilary Leila Krieger , THE JERUSALEM POST June 2, 2009 With the public spat between Jerusalem and Washington over construction in the settlements intensifying daily, US President Barack Obama dropped in unannounced on Defense Minister Ehud Barak while he was meeting National Security Adviser James Jones in the White House on Tuesday.... it came following Obama's call Monday for a halt to all settlement construction, including for "natural growth." That was the first time Obama himself, and not an adviser or Secretary of State Hillary Clinton, had included "natural growth" in the settlement freeze.... Obama's visit was seen as particularly meaningful, as it came just a few hours before he was to set off for Saudi Arabia and then Egypt, and following several statements criticizing Israel for its settlement policy.... Barak's role is particularly key, as he represents the left flank of Netanyahu's government and has a warmer following in Washington than some of his fellow coalition members, even as he has articulated a position supporting the prime minister's assertion that natural growth must continue... Officials in the Prime Minister's Office on Tuesday said that understandings on settlement construction with the US had formed the basis of Israel's acceptance of the road map in 2003 and the adoption of the disengagement plan in 2005, firing back at Washington for its demand for a settlement freeze that would include natural growth....if the US was changing its understandings on the settlements, it was undermining the foundations of the road map and was in essence reneging on understandings that were an essential part of Israel's decision to leave the Gaza Strip. According to the officials in the Prime Minister's Office, "over the past decade, important understandings were reached on the issues of settlements, understandings that Israel abided by. While Israel committed itself not to build new settlements and to address the unauthorized outposts, there was an effort to allow for normal life in existing communities, especially those in the large settlement blocs that will definitely stay part of Israel in any final-status agreement."...the "overall concept was that neither Israel nor the Palestinians would take unilateral steps that would prejudge a final peace agreement. Those understandings reached between Washington and Jerusalem provided a crucial foundation for US-Israeli cooperation in the peace process. "On the basis of these understandings, the government accepted the road map in 2003, and adopted the disengagement plan in 2005," the officials continued. "Israel will continue to abide by these bilateral understandings and seeks to strengthen them with the new US administration."...there was "no doubt" that the Bush administration recognized Israel's right to build within the construction lines of the settlements, on condition that no new settlements would be established, that there would be no expropriation of Palestinian land for the settlements and that no budgets would be allocated for encouraging settlement....there was concern that the US was now attempting to roll back those agreements.... impression was strengthened by Obama's interview Monday with National Public Radio, in which he claimed to have "said very clearly to the Israelis, both privately and publicly, that a freeze on settlements, including natural growth, is part of those obligations [that Israel must fulfill]." ****Why this new wrinkle had to be aired publicly is another question for Obama-watchers. It's probably a combination of pandering to Muslims before his trip and an effort to back the Israelis into a corner where they have to either capitulate or raise the middle finger to the President of the U.S. His experience with Rahm Emanuel should have prepared him for this eventuality. ****...Washington also had to be "honest" with Israel regarding the direction in which the region was heading, Obama added,...that's going to require, from my view, a two-state solution."****But is one of those going to be a Jewish state? ****...Obama replied, "Well, what I'd say is, there's no doubt that the United States has a special relationship with Israel. There are a lot of Israelis who used to be Americans. There [are] huge cross-cultural ties between the two countries. I think that as a vibrant democracy that shares many of our values, obviously we're deeply sympathetic to Israel."... "I would also say that given past statements surrounding Israel; the notion that they should be driven into the sea, that they should be annihilated, that they should be obliterated - the armed aggression that's been directed toward them in the past - you can understand why not only Israelis would feel concerned, but the United States would feel it was important to back this stalwart ally."However, Obama said, "Part of being a good friend is being honest, and I think there have been times where we were not as honest as we should be about the fact that the current direction, the current trajectory in the region is profoundly negative, not only for Israeli interests but also US interests. ...In the interview, Obama also intimated that if Hizbullah were to win the elections later this week in Lebanon, the US would possibly have to reconsider its policy toward the organization. The US has placed Hizbullah on its terrorist list, and has no contacts with the organization. ****One might hope that he would still regard it as a terrorist organization that just happened to win an election with constituents who endorse terror. ****

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