Foreign Affairs

Foreign Affairs

May/June 2002

 

The Last Negotiation
By Hussein Agha and Robert Malley

 

Hussein Agha is Senior Associate Member of St. Antony's College, Oxford University. He has been involved in Israeli-Palestinian affairs for more than 30 years. Robert Malley is Middle East Program Director at the International Crisis Group. Between 1998 and 2001, he was President Clinton's Special Assistant for Arab-Israeli Affairs.

 

Cut to the Chase

Since the collapse of the Israeli-Palestinian negotiations and the outbreak of the second intifada, two propositions have gained wide acceptance. The first is that trying to find a comprehensive solution to end the conflict has already been attempted — and at this point, if tried again, can only fail. The second is that an interim solution is therefore the only way out of the current crisis and might succeed if properly implemented. The mounting death tolls on both sides seem to confirm the notion that conflict management rather than conflict resolution should be the order of the day, and that now is the time for taking incremental steps in order to rebuild the torn fabric of trust. In fact, now is precisely the time for a U.S.-led international coalition to put forward an end-of-conflict deal.

The idea that only incremental steps can resolve the current crisis flies in the face of the experience of the past decade. Everything Israelis and Palestinians have tried since 1993 has been of the interim sort — whether the Oslo accords themselves, the 1995 Interim accords, the 1997 Hebron agreement, or the 1998 Wye memorandum. However sensible it may have seemed at the start, in practice the incremental approach has demonstrated serious shortcomings.

Lacking a clear and distinct vision of where they were heading, both sides treated the interim period not as a time to prepare for an ultimate agreement but as a mere warm-up to the final negotiations; not as a chance to build trust, but as an opportunity to optimize their bargaining positions. As a result, each side was determined to hold on to its assets until the endgame. Palestinians were loath to confiscate weapons or clamp down on radical groups; Israelis were reluctant to return territory or halt settlement construction. Grudging behavior by one side fueled grudging behavior by the other, leading to a vicious cycle of skirted obligations, clear-cut violations, and mutual recriminations.

By multiplying the number of obligations each side agreed to, the successive interim accords increased the potential for missteps and missed deadlines. Each interim commitment became the focal point for the next dispute and a microcosm for the overall conflict, leading to endless renegotiations and diminished respect for the text of the signed agreements themselves. Steps that might have been easy to win support for domestically if packaged as part of a final agreement were condemned as unwarranted concessions when carried out in isolation. Increasingly beleaguered political leaderships on both sides thus were tempted to take compensatory actions: incendiary speeches by Palestinians, building more settlements by Israelis, and from the two parties, a general reluctance to prepare their people for the ultimate compromises. Designed to placate angry constituents, these moves had the unintended consequence of alienating the other side, making a final deal all the more difficult to achieve. Finally, the succession of piecemeal, incremental agreements made it more difficult to mobilize the support of other countries.

Yet another interim agreement could not cure ills that are inherent in . . .