“People have learned to live with it.”

Israeli Foreign Minister Avigdor Lieberman’s recent statement regarding the violent conflict between Israel and Palestine alludes not only to the lack of progress from negotiations in recent months, but also to the partisan political moment into which President Obama’s administration has entered with regard to its policies in the Middle East. Lieberman’s comments suggest a lack of initiative within the Israeli government to work toward a lasting peace settlement; indeed, over the last few months, violent conflict surrounding the city of Jerusalem and the failure of Israeli Prime Minister Benjamin Netanyahu to articulate more than rhetorical support for a “two-state solution” have added to fears that the region has turned its back on negotiation. Most importantly, Israel’s continued settlement building in the West Bank has delegitimized its more conciliatory gestures and will impede negotiations until expansion is frozen.

Under these circumstances, it is no wonder that President Obama and his Cabinet have shied away from addressing this ongoing crisis directly. The contradictory way in which the President has addressed Middle Eastern issues at various speaking engagements has led to a sense of confusion as to the extent to which he will support or reject recent Israeli stances. During his June 2008 appearance before the American-Israeli Public Affairs Committee, a powerful pro-Israel lobby group, then-Senator Obama assured the audience that his administration would continue to assist Israel to the tune of roughly $30 billion over the course of ten years – reaffirming a commitment from President George W. Bush. Furthermore, Obama insisted that the U.S. “must never force Israel to the negotiating table.” At his speech in Cairo a year later, however, President Obama condemned Israel’s continued expansion into the occupied territories, declaring that “it is time for these settlements to stop.” It is difficult to imagine how the president can expect settlement expansion to stop without pressing Israel to take part in any form of negotiations.

President Obama’s relative reticence regarding the Arab-Israeli conflict presents him with an unprecedented opportunity to devise a specific and comprehensive policy in the coming months. Furthermore, two very recent events have left the Middle East a far more vulnerable region, which would make a resumption of active peace negotiations with an American presence all the more timely. First, in September, the United Nations Human Rights Council issued the so-called Goldstone Report, condemning Israeli actions within the Gaza strip during its offensive last winter. Although formally dismissed by both the Israeli government – Prime Minister Netanyahu referred to it as “a mockery of history” – and the United States Congress, its endorsement by the United Nations General Assembly suggests that the report will not be so easily set aside. Defenders of the report argue that it speaks to the extent of Israeli human rights violations in the Gaza strip, while its critics contend that it fails to fully address atrocities committed by Hamas. Yet, in holding both Israeli and Palestinian leaders accountable, the Goldstone Report has helped shed critical and objective light on the seemingly endless regional violence. Obama’s refusal to acknowledge the report has hurt his standing among many Arab nations in which he is usually viewed favorably, or at least more favorably than President Bush. If Obama wishes to attract Arab support for peace negotiations, he must speak publicly about – and in doing so legitimize – the report, even if he temporally weakens him politically.

In another significant regional development, Palestinian Authority Chairman Mahmoud Abbas recently announced that he will not seek re-election in January 2010. Although the U.S. has regarded Abbas as a moderate in the region, his performance has been dissatisfactory to the Israeli leadership and to many Palestinians, who now criticize his wavering commitment to end the Israeli occupation of the West Bank and Gaza. Hamas, the dominant political player within Gaza, has opposed his decision to hold presidential and parliamentary elections next year. Obama’s presence in talks or negotiations could determine whether a moderate or militant leader replaces Abbas. Yet with the elections looming, time is not on the President’s side.

The nature of President Obama’s early forays into the Middle East will no doubt set the tone for his entire tenure in office. If his goal is nothing more than to continue supporting Israel at all costs, then little shift in policy from that of the previous administration is needed. If, however, his goal is to negotiate a peace settlement that will protect Israel’s sovereignty and security while creating a truly autonomous nation for the Palestinians, a more nuanced strategy is essential. The Obama administration has continuously wavered between pressing for an end to settlement construction in the occupied territories and accepting a resumption of peace talks while allowing the Israelis to continue construction. Yet until all settlement building ceases, negotiation will remain a dead-end as the “facts on the ground” continue to compromise Palestinian hopes for a state. As Secretary of State Hillary Clinton said, the administration “wants to see a stop to settlements, not outposts, not ‘natural growth’ exceptions.”

The United States, unfortunately, has a history of empty threats against the Israeli government. If the U.S. really wants an end to settlement construction, it must be willing to withhold some material support from the Israeli government. In 1990, during the first Intifada, the Israeli government began building settlements at an unprecedented rate. James Baker and others in the first Bush Administration perceived these settlements as an obstacle to much-publicized peace negotiations going on in Madrid at that time. The U.S. threatened to withdraw some financial support if the Israel government did not desist. Again in 1992, the United States refused to approve a $10 billion loan viewed by Israel as essential to meeting their increasing infrastructure demands. While this resulted in temporary bilateral tensions, the Israelis soon rejected then Prime Minister Yitzhak Shamir’s approach and elected more moderate leadership. The settlements were temporarily frozen, the peace negotiations went on, and the loan was eventually granted.
The strategy employed by the Senior Bush administration did not result in a total halt in settlement construction, but the U.S. won considerable concessions by exploiting Israel’s financial dependence as bargaining leverage.

Some might argue that the cessation of all terrorist attacks against Israeli civilians, mostly perpetrated by Hamas and the militant Shiite group Hezbollah, is the first necessary step to achieving a formal compromise in the region. Yet particularly since January, Hamas leadership has signaled a willingness to negotiate a cease-fire treaty with Israel and went on record in 2006 as agreeing to participate in talks working toward a two-state solution. While their recent concessions in no way compensate for their violent actions, they are a necessity to the peace process, and they must be brought to the table for their to be any hope of a lasting peace.

Others claim that pressuring Israel to accept compromise will deter it from participating in formal peace negotiations. Yet the U.S. managed to win a temporary settlement freeze in the early 1990s that coincided with a series of secret negotiations between Israel and the Palestinian Liberation Organization (PLO). These clandestine talks resulted in Oslo I, the first attempt to synthesize a plan for both Palestinian autonomy and the withdrawal of Israeli troops from the occupied territories.

The events of 1990-92, therefore, provide a viable model for the way in which President Obama can negotiate successfully with a Likud-controlled Israeli government. While the President certainly should not discard our history of cooperation with Israel, he must also take into account the degree to which Israeli survival depends on American financial support and our nation’s interest in maintaining stability in the Middle East as a whole. If President Obama wishes to encourage moderate Palestinian leadership and the renewal of negotiations, he must spend his political capital in a manner that reflects the true urgency of the region’s political situation and does not assume, as Mr. Lieberman says, that the region has “learned to live with” violent conflict.

After enduring 8 years of attacks by over 12,000 Hamas rockets fired indiscriminately into Israeli villages, Israel finally retaliated in December of 2008. The Israeli military’s operation “Cast-Lead” sought to target and eliminate key terrorist leaders of Hamas. Almost immediately, newspapers and governments around the world published claims that Israel was using “disproportionate force” in this operation. The unequal death toll from the fighting—1000 Palestinians to 13 Israelis—led those inclined to anti-Zionism to accuse Israel of targeting civilians and committing war crimes. These charges failed to consider Israel’s unprecedented efforts to avoid civilian casualties. Israel released thousands of flyers and text messages warning Gazans to leave targeted areas and even called people on their cell phones telling them to evacuate potential bombing sites. For those who stayed in the affected areas, Israel sent food and medical equipment and continued to supply water and electricity.

The responsibility for the tragic Palestinian death toll lies not with the Israel Defense Force but with Hamas. Hamas fired from ambulances and hospitals. Hamas stockpiled weapons in civilian buildings. Hamas used human shields. While Israel took care to save as many innocent lives as possible, Hamas is guilty of using terrorist tactics and infringing upon numerous internationally accepted laws of warfare. Because Israel was justified in its defensive military operations against Hamas and because it took such strong measures to avoid civilian casualties, the U.S. should continue to support its ally in the face of international backlash against the conflict.

Every country has a right to self-defense. In order for Israel to stop the barrage of rocket fire from the Gaza strip, it could not defend itself on its own soil alone. Rather than risk massive Palestinian civilian casualties by firing its own rockets in response, Israel sent in ground troops to seek out terrorists within the Gaza Strip. Its force was the minimum necessary to defend itself. Unfortunately, because of Hamas’ human shield tactics, high numbers of Palestinians were killed.

None of this evidence appears in United Nations Human Rights Council’s “Goldstone Report”, named for the South African head of the “Fact Finding Mission on the Gaza Conflict.” The report accuses Israel of purposefully targeting civilians and of committing “crimes against humanity.” In addition to blatant fabrications (such as “there is no evidence that hospitals or ambulances were used for military activities” and “the amount of aid allowed into Gaza by Israel decreased after the end of the fighting”), the report ignores overwhelming evidence of the care Israel showed to Palestinian civilians. Instead, it accepts hearsay and anecdotal evidence from Palestinian eyewitnesses.

The report does accuse Hamas of war conduct infractions, but these minor charges pale in comparison to the zeal with which the report criticizes Israel. U.S. State Department spokesman Ian Kelly said, “Although the report covers both sides of the conflict, it focuses overwhelmingly on Israel’s actions,” and Goldstone opted for “cookie-cutter conclusions about Israel’s actions, while keeping the deplorable actions of Hamas to generalized remarks.” Numerous publications, among them The Wall Street Journal and The Economist dismissed the report as strongly biased.

The UN Human Rights Council, nevertheless, officially endorsed the report on October 16th. The Council includes representatives from such countries as China, Angola, Cuba, and other governments known for oppressive behavior. The vote to endorse the report passed by a margin of 25 to 6.

The Israel must now acquiesce to “transparent” investigations of its military workings, and the Council has recommended that Israel face trial in the International Criminal Court. This decision has tremendous implications for Israel’s long-term self-defense. If the Council could find Israel guilty in this case, it could do so no matter how moral and civilian-conscious Israel’s campaigns to eliminate terrorists might be. Israel’s ability to defend itself from Hamas, Hezbollah, and other hostile neighbors will be severely diminished as long as the United Nations wields the threat to drag its generals in front of the International Criminal Court. Indeed, the greatest threat facing the United States’ strongest ally in the Middle East is being “pressured” out of the right to self-defense by the UN Human Rights Council.

The Council’s decision displays transparent anti-Israeli bias. In response to an article in a widely read Swedish tabloid, which claimed that Israeli soldiers have been killing Palestinians in order to harvest and traffic their organs, the government-controlled press of many countries in the Middle East spent parts of the summer publishing cartoons depicting Jews killing Arabs to drink their blood. Among those countries on the blood libel bandwagon are Jordan and Qatar, who also serve on the United Nations Human Rights Council and voted for the Goldstone Report. Clearly, many of the countries on the Council have an agenda other than the protection of human rights.

This is not a sudden new international conspiracy to eliminate Israel and Middle Eastern Jewry; anti-Zionism and anti-Semitism have been constant realities for Israel since its founding. Now more than ever is the time for the United States to stand firm in Israel’s defense. The United States’ permanent representative to the United Nations, Susan Rice, said, “We have long expressed our very serious concern with the mandate that was given by the Human Rights Council prior to our joining the council, which we viewed as unbalanced, one-sided and basically unacceptable.” The US was one of the six countries who voted against the Goldstone Report, and the House of Representatives recently passed a resolution denouncing the Report by an overwhelming margin of 344-36.

Where has President Obama stood among all this? So far, he has reassured Israel that the Report’s impact will fade and requested that Palestinian Authority President Mahmud Abbas drop his support for it. Abbas did, but then recanted due to pressure from the Palestinian people. Obama cannot afford another diplomatic failure like this in the Middle East. He needs to be clearer that when it comes to facing the threat against Israel, the United States is unwilling to compromise. He needs to rally worldwide support against the Goldstone Report—if enough countries cooperate, the Council’s influence will diminish. Obama needs to condemn the Human Rights Council and encourage the United Nations to better monitor it, if not shut it down altogether. Otherwise, the United States’ only stalwart ally and the only democracy in the Middle East may face further pressure from the Human Rights Council and other international anti-Zionists.