Rules of engagement
Establishing the end game: No negotiations succeed unless the parties involved agree on the nature of their desired outcome. For the Palestinians it is establishing an independent Palestinian state, and for Israelis it is maintaining the security and independence of a democratic Jewish state. Before embarking on new negotiations, the Biden administration should insist that both sides unequivocally commit to a two-state outcome.
Acknowledging historical and psychological impediments: Both sides have paid little heed in the past to the need to understand each other's historic experiences-the Holocaust for the Israelis and the Nakba (catastrophe) for the Palestinians-which they subconsciously use as protective shields. Acknowledging each other's respective traumatic experiences would help mitigate the psychological impediments which continue to feed into the mutual distrust and hatred.
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Ending public acrimony: No negotiations can be conducted in good faith in an atmosphere of mutual public acrimony, as had been the case in all prior peace talks. An integral part of any negotiating process is to build trust, which cannot be nurtured while denouncing each other publicly. Leaders on both sides must end acrimonious statements, as their respective publics will have no faith in negotiations under such an atmosphere.
Renouncing and preventing violence: Both sides must commit not only to renouncing violence but to doing everything in their power to prevent acts of violence against one another. To be sure, nothing is more disruptive to the negotiations than a wanton act of violence. To that end, both sides need to fully collaborate on all security matters and send a clear massage, especially to extremists on both sides, that violence will not be tolerated and perpetrators will suffer severe consequences.
Delinking and "banking" agreed-upon issues: What will be necessary in future talks is to commit to "bank" any agreement reached on a specific issue, delink it from all others, and not subject it to renegotiations should the talks stall or collapse. This would prevent the resumption of negotiations from ground zero and allow for the building blocks that could eventually lead to an agreement.
In that regard, five critical issues-the settlements, Jerusalem, the Palestinian refugees, national security, and borders-have been hashed and rehashed ad nauseum in past negotiations. The Biden team should identify any common denominator on these issues to prevent renegotiating certain elements over which both sides have already agreed.
Establishing a process of reconciliation: The negotiating process must simultaneously be accompanied by a process of reconciliation. Both sides must initiate widespread people-to-people interactions to gradually mitigate the deep animosity and distrust between them which cannot simply be negotiated away. Israelis and Palestinians should engage in many activities, including sports, performing arts, tourism, development projects, and student interactions, to foster trust and confidence that peaceful coexistence is possible.
Keeping the public informed: Given that both sides will be required to make significant concessions, it will be imperative to keep their respective publics informed about the progress being made in the negotiations to engender support. Keeping the public in the dark, as was the practice in past, prevented the public from developing any vested interest in the negotiating process and its successful outcome.
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The failure of both sides to agree in the past to establish and be governed by the above rules of engagement clearly suggests that neither side negotiated in good faith. The Biden administration must insist that Israelis and Palestinians accept the above rules if they want to resume the negotiations in earnest. Otherwise, the new talks will be nothing but an exercise in futility.
Sadly though, the current leaders in Israel and Palestine are not in a position to enter into serious negotiations, and must leave the political scene before Biden resumes new talks. Prime Minister Netanyahu is on record opposing the establishment of a Palestinian state; he is also facing three criminal charges of corruption, and in spite of his impressive accomplishments, he may well have outlived his usefulness.
President Abbas too has taken a hard position in connection with the settlements, Jerusalem, and the refugees, and it will be nearly impossible for him to make any significant concession and survive politically. He is also "too comfortable" in his position and does not want to leave the political scene accused of having sold the Palestinian cause. In the interim, Biden should reiterate the US commitment to Israel's national security and his support for the establishment of a Palestinian state, giving a clear signal that only moderation will win the day.
The US remains the indispensable power that can bring both sides to an enduring peace, because no other power can exert the kind of influence needed to reach a breakthrough. For the Biden administration to bring this about, it must play an active role by advancing its own ideas and put its foot down when necessary because neither the Israelis nor the Palestinians can have it only their way, and certainly not without direct US involvement.
As president, Biden has a momentous opportunity to end the Israeli-Palestinian conflict, and both sides will do well to grasp the moment.