Friday, May 2, 2014

Finkelstein. Transcript. ShlomoBenAmi. DemocracyNow. 14 Feb 2006.



1.      Goodman: We turn now to one of thelongest[] and themostbitter conflicts in modernHistory, Israel and the palestinestinians. Well over a decade has passed since the historic OsloAccords have brought hopes for lasting peace. Today the relations between the palestinians and israeliGovernmentauthority are virtuallynonexistent. Israel and PA have not held a final statuspeacetalks for over fiveyears. With rection election ofHamas, Israel says it will cut all ties to any palestinian groups. After election, Israel have cut taxfunds on behalf of the palestinian authority. Finally transferred the funds, but says any Hamasled palestinianGovernment will get “not even one checkle”, that’s, well, onedime in theUnitedStates. The palestinian authorities are on the brink of financial disaster. This week, PA announced this week it will be unable to issue paychecks to more than onehundredandthirtythousand employees. It’s the largest employer inOccupiedTerritories. Hamas’s victory is seen as corruption of the old guard. Internal palestinian inquiries have found at least sevenhundredsmillionsdollars has been stolen from palestinian public funds due to corruption in the last few years. The total figure could could be billions more. Meanwhile Israelsettlements in theOccupiedWestBank continue to expand. The israeli group, PeaceNow, reported twelvethousands new residents moved into WestBanksettlements in2005. Threethousands more than the total number removed despite Israel’sdisengagement inGazaStrip. Construction continues as settlement expands inside and outside [of] the root ofIsraelseparationbarrier. Today we bring you a discussion with two of the world’s leading experts on theIsraelPalestainconflict. Both of them [has] a new book on the subject. We are joined byShlomoBenAmi, both an insider and a scholar. AsForeignMinister underEhudBarak, he was a key participant in years of Israelpalestinian peacetalks, including theCampDavid and Tabatalks in2000and2001. An Oxfordtrained historian, he’s currently vicepresident ofToledoPeaceCenter inMadrid. His new book is ScarsOfWarWoundsOfPeace: TheIsraeliArabTragedy. PresidentBillClinton says, quote, "ShlomoBenAmi worked-tirelessly and -courageously for peace. His account of what he did and failed to do and where we go from here should be read by everyone who wants a just and lasting resolution." We’re alsojoined byNormanFinkelstein. He is a professor ofPoliticalScience atDePaulUniversity.  His books include-NationOnTrail, which he coauthored withRuthBettinaBirn, named as a NewYorkTimesnotablebook for1998. He’s also the author of-ImageAndRealityOfIsraelPalestineConflict, and -theHolocaustIndustry. His latest book is BeyofndChutzpah OnTheMisuseOfAntiSemitismAndTheAbuseOfHistory. His website is normanfinkelstein.com. AviShlaim ofOxfordUniversity callsBeyondChutzpah "Brilliantly illuminating … On display are all the sterling qualities for which Finkelstein has become famous, erudition, originality, spark, meticulous attention to detail, intellectual integrity, courage and formidable forensic skills." We both welcome you both toDemocracyNow. It’s verygood to have you with us. Well, I want to start going back to the establishement to theStateOfIsrael. I’d like to begin with formerForeignMinsiter, ShlomoBenAmi. Can you talk about how it began? I think there’s a veryinteresting discussion in this book that is rarelyseen in this country, of how theStateOfIsrael was established. Can you describe the circumstances?
2.      BenAmi: Well, for practical purposes, theState existed before it was officiallycreated in1948. The uniqueness of the zionist experience, as it were, was in that the zionist were able, under the protection of mandate, of theBritishMandate set up the essentials of theState, institutions of theState. Politicalparties helped the system runningDemocracy for jews obviously before theState was created. So the transition toStatehood was declaration basically. It came about in the middle of twostages of war, secret war [among] jews and arabs and palestinian, and the invasion by the arabArmies. The point I made with regard to the war is that contrary to the mythology that exist and continues to exist, mainly among the israelis and jews, is that Israel was not at military disadvantage when the war took place. The arabArmies were disorineted, confused and did not put in the battlefield the necessary forces. So in1948, what was born was aState, but also original superpower in many ways. We have prevailed over the invading arabArmies and the local population, which was practicallyevicted fromPalestain, from theStateOfIsrael, from what became theStateOfIsrael, and this is how the refugeeproblem was born. Interestingly, the arabs in1948 lost a war that was, as far as they were concerned, lostalready in1936-1939, because they have fought against theBritishMandate and the israeli  or theJewishYishuv, the Jewish preState, and they were defeated then, so they came to the hour of trial in1948 already as a defeated nation. That is, theWarOf1948 was wonalready in1936, and they had no chance to win the war in1948. They were already a defeated nation when they faced the israeli superpower that was emerging in that year.
3.      Goodman: You have some verystrong quotes in your book, of your own and quoting others, likeBerlKatznelson, who is the main ideologue of theLabourMovement, acknowledging that in the wake of the1929ArabRiots, the zionist enterprise as an enterprise of conquest. You also say, "TheReality on the ground was that of an arabcommunity in aState of terror facing a ruthless israeliArmy whose path to victory was paved not only by its exploits against the regular arabArmies, but also by the intimidation and at times atrocities and massacres it [] perpetrated against the civilian arabcommunity. A panicstricken arabcommunity was uprooted under the impact of massacres that would be carved into the arabs’s monument of grief and hatred." Explain that further.
4.      BenAmi: Well, you see, there is a whole range of new historians that have gone into the sources of, the origins of theStateOfIsrael, among them you mentionedAviShlaim, but there are many, many others that have exposed this evidence of what reallywent on on the ground. And I must from the verybeginning say that the main difference between what they say and my vision of things is not the facts. The facts, they are absolutelycorrect in mentioning the facts and putting the record straight. My view is that, but forJesusChrist, everybody was born in sin, including nations. And theMoralperspective of fate [?] is there, but at the same time, it does not undermine, in my view, in my verymodest view, that the justification for the creation of a jewishState, however tough the conditions and however Immoral the consequences were for the palestinians. You see, it is there that I tend to differ from the interpretations of the new historians. They have made an incredible contribution, veryveryimportant contribution to our understanding of the origins of theStateOfIsrael, but at the same time, my view is that this is how unfortunately, tragically, sadly nations were born throughoutHistory. And our role, the role of this generation, this is why I came intoPolitics and why I try to make my verymodest contribution for the peaceprocess is that we need to bring an end to this Injustice that is being, that’s been done to the palestinians. We need to draw a line between a israeliState and sovereign palestinianState and solve thebestway we can. The problem by giving the necessary compensation to the refugees by bringing back the refugees to the palestinianState, no way to theStateOfIsrael, not because it is in Moral or Immoral, but because it is notphysical, it is notpossible. We need to act in realistic way and see what are the conditions for a final peace. I believe that we came veryveryclose to the final peace. Unfortunately, we didn’t make it. But we came veryclose in the year2001.
5.      Goodman: Before we get to that peacetale, another thing that you said. “Israel is also a society also suppress[es] the memories against the local palestinians, because it couldn’t really come to terms with the fact that it expelled and committed atrocities against them, dispossessed them. This was like admitting that noble jewishStatehood was stainedforever by major Injustice committed against the palestinians and that the jewishState was born in sin.” I think a lot of people will be surprised to hear the author of these words are a formerForeignMinister ofIsrael.
6.      BenAmi: Yes, but at the same time, with the story I’m trying to be fair as much as possible when I read the past. But it’s a veryinteresting point, the one that you make here, when asked try to obliterate the memory of our war against the palestinians. Whole israeli1948mythology is based on our war against the invading arabArmies, less so against the palestinians were the weaker side in that confrontation, because it didn’t serve the myth of the creation of theState and of the nation, so we need to correct that. There’s no way, there’s no way we can fullycompensate the refugees and the palestinians, but we need to do our veryverybest to find a way to minimise harm that’s done to this nation.
7.      Goodman: ShlomoBenAmi, your reponse to those who continue who say that, at that time, at the time of the establishment of theStateOfIsrael and before, that [it] really was empty, that jews came to a place that was notpopulated?
8.      BenAmi: Of course, it is nonsense. I mean, it was populated-obviously. It was populated. I mean, that the notion that existed Israel[] was thefirst to say thefirst to say that we are, we came a nation without a land, to a land without a people. That is obviously, it was nottrue. But again, part of the tragedy was that the palestinians, as such, did not have, palestinian peasants did not have the full control of their destiny. That part of that land was supported by zionist organisations, from offenders [?], landowners living inTurkey ot anywhere else throughoutOttomanEmpire. These people were evidentlyevicted by these kind of transactions. But as a whole, I think not more than sixorsevenpercent of the entire surface of theStateOfIsrael was bought. The rest of it was either taken over or won during the war.
9.      Goodman: NormanFinkelstein, you’re an author ofBeyondSchutzpah. TheMisuseOfAntiSemitismAndTheAbuseOfHistory. Do you share thesamenarrative. Do you agree with what ShlomoBenAmi has put forward, the former israeliForeignMinister?
10.   Finkelstein: Well, I agree with these statements that there’s a verylittle dispute nowadays among serious historians, rational people about the facts. There’s prettymuch consensus on what happened during what you can call the foundational period, first zionistsettlement at the end of the nineteenthcentury to1948. There’s prettymuch a consensus. And I think Mr.BenAmi in his first fiftypages accuratelyrenders what that consensus is. I would just add a couple of points he makes to round out a picture. He starts out by saying they wanted to create a predominantlyjewishState in area which was overwhelmingly-not-jewish. And he cites the figure, I think 1906, there are several hundreds thousands arabs and fiftythousand jews. Even if those fiftythousand jews, only a handful of them [was] zionists. So that’s the dilemma, how do you create a jewishState overwhelmingly-not-jewish? Now, [an] israeli historian, BennyMoris, at onepoint he says, There are onlytwoways to deal with this dilemma. what he called southafrican way, that is, create a jewishState and disenfranchise indigenous population, that’s oneway. Thesecondway is what he calls the way of transfer that is kick the indigenous population out, basically what we did in northAmerica. Now, Mr.BenAmi correctlypoints out, by the1930s, theZionistMovement had reached the consensus, and the way to resolve this dilemma is the way of transfer, throw the palestinians out. You can’t do that any time, because there are moreproblems, international problems. You have to wait for the right moment, and the right moment comes in1948 under the cover of war. You have the opportunity to expel the indeginous population. I was kind of surprised Mr.BenAmi goes beyond what many israeli historians acknowledge. Someone likeBennyMorris would say, Yes, the palestinians were ethnicallycleansed in1948, that’s BennyMorris’sexpression, but he says, These are accidents of war. There are wars, people get dispossessed. Mr.BenAmi, no, he’ll go further. He say, You can see prettyclearly that they intended to expel the palestinians, and the opportunity came along, they did so. The facts, those are the facts. So where do we disagree? I think we disagree on responsibility, it’s just not the question ofMoralresponsibility, or it’s not simply a question of tragedy or sadness. It’s a question ofLaw, InternationalLaw, what are your obligations if you’re a memberState of theUnitedNations, for example. Now underInternationalLaw, refugees are entitlted to their homes once the battlefieldconflict has died down, and Mr.BenAmi was absolutelycorrect, he said, The keymoment comes in theIsraelPalestainconflict, not when palestinians are expelled, but when after the war Israel refused to allow the palestinians back. At that point, he says, Here’s the problem or The problem arises. And the way he puts the problem is, we have two conflicting issues. On the one hand, there’s what he calls the zionist ethos, they want a jewishState. On the other hand, you have [the] palestinian refugees who have a right-to-return. ToMr.BenAmi, this is an intractable conflict, the zionist ethos versus the refugees. But there’s a thirdfact, the factor is theInternationalLaw. And underInternationallaw, the palestinian have the right-to-return. Now, I am not arguing now [on] the right-of-return. I acknowledge that it’s a complicat[ed] problem, but we have to be honest about the Rights and the Wrongs, and the question of Rights and Wrongs, it was Wrong inflicting the palestinians, it was their Right, their Right. This is not a tragedy, and this is not aboutMorals. This is about legal rights, their right-to-return was denied. How do you resolve that problem, I admit it’s difficult. But we have to be clear about-Rights and -Wrongs, because that’s going to become, in my opinion, the mainproblem when we come toCampDavid. Whose rights were being denied during theCampDavidTabanegociations.
11.   Goodman: Your response, ShlomoBenAmi.
12.   BenAmi: Well, I think that the difference right here might not be huge between what Dr.Finkelstein says and my argument. I mean, either right or Morality, the bottom line is that he assumes that practical solution to the problem is not there, and it’s notreallyfeasible to recognise, on the one hand the existence of theStateOfisrael, and to say that their right of fiveorsix or what have you millions palestinians to return to theStateOfIsrael is something that can be reconciled with the jewishState. We need to find the way, and the way was rightlyfound inBillClinton’speaceparameters that says the following: it says, the palestinian refugees have inherent right-to-return toPalestain, WestBank and Gaza beingPalestain, being a part ofPalestain. There’s an element in the parameter that I have to say was my personal contribution to the peaceparamters that says the following: it says that in the context of the landswaps that was discussed between us and the palestinians. The palestinians were about to get some percentages of what is now theStateOfIsrael, and the peaceparameter of thePresident says that they can bring to those parts of theStateOfIsrael that we’ll transfer to the palestinians as many refugees as they wish, that is, their return would be to the palestinianState + to those parts of theStateOfIsrael that will be transferred to palestinian sovereignty + huge sums of money for compensation and rehabilitation. It seems to me that this is themost that can be done within the context as it exists today, and we cameveryclose to the solution. By the way, Arafat was neververyinterested in the refugeeproblem, he was verymuchconcentrated onJerusalem. I saw him once saying to current president of palestinian authority, Leave me alone with your refugees, what we need is Jerusalem. See, he was notverykeen on much of the progress on the question of refugees. Arafat was and remained until his last day, a member theMuslimBrotherhood, religious man, deeplyreligious man, Koranic man, sole Jerusalem is the core of dispute between the palestinian and the israelis. He was notveryinterested in territorial question, either. I saw him, for example, inCampDavid saying toPresidentClinton, I’m willing to give away eightpercent of theWestBank for the sake of theIsraelblockssettlement, so long as you give me the solution on theJerusalem. So he was that kind of. Refugeeproblem was not so central in his mind.
13.   Goodman: I want to give a chance to respond, NormanFinkelstein, but I did want you to step back. ShlomoBenAmi, and give us an overview of the whole peaceprocess, of which you were a part, a critical player in this, theOsloPeaceAccords in1993. Can you talk about what they entailed, why they failed?
14.   BenAmi: Well, theOslopeaceprocess was an agreement, it started as an agreement between two unequal partners. Arafat conceivedOslo as a way, notnecessarily to reach a settlement, but moreimportantly to him at that particular moment, in order to come back to the territories and control thePolitics of the palestinian family. Don’t forget that theIntifada, to which Oslo brought an end, startedindependently of thePLOleadership, and he saw how he was losing control of the destiny of the palestinians. His onlyway to get back to the territories was through an agreement withIsrael. So inOslo, he made enormous concessions. In fact, when he was negotiating inOslo with us, an official palestinian delegation was negotiating with an official israeli delegation inWashington[DC], and the official palestinian delegation was asking the right things from the viewpoint of the palestinians: selfdetermination, rightofreturn, end of occupation, all the necessary arguments, whereas Arafat inOslo reached an agreement that didn’t even mention the right of selfdetermination for the palestinians, doesn’t even mention the need of the israelis to put an end to settlements. If the israelis, afterOslo, continued expansion of settlements, they were violating the spirit ofOslo, not the letter ofOslo. There is nothing in theOsloAgreement that says that israelis cannot build settlements. So this was the cheap agreement that Arafat sold, preciselybecause he wanted to come back to the territories and control thePolitics ofPalestain. Now, the thing is that a major problem withOslo, on top of it, was that it solved veryminor issues, such asGaza, and even people on the far israeli right were ready to give away Gaza, but it left open the future. The future was unknown. The twosides, thetwoparties started to embark on a process, when they had diametricallyopposed views as to the final objective. There was nothing as to what will happen aboutJerusalem. It was onlysaid that we will negotiateJerusalem. What about refugees? Nothing clear was said, just that we will negotiate the refugees. So the thing that, the fact that the future was left so wide open was a standing invitation for the parties to dictate, to try and dictate, the nature of the final agreement through unilateral acts: the israelis, by expanding settlements, and the palestinians, by responding withTerrorism. So this symmetry that was created inOslo persists to this veryday, so Oslo could not usher in a final agreement because of the different expectations that the parties had. It was an exercise in makebelieve. The palestinians didn’t even mention selfdetermination so a leader likeRabin could have thought that, okay, we will have an agreement that will create something which is aStateminus. This was Rabin’sexpression. He neverthought this will end in a fullfledged palestinianState. There was a lot of ambiguity, constructive ambiguity, might Kissinger say, but I think it was destructive ambiguity. It helped, this destructive ambiguity helped in clinching theOsloAgreement, but it was a minefield for those who went toCampDavid and later on toTaba to try and solve all the pending issues.
15.   Goodman: ProfessorNormanFinkelstein.
16.   Finkelstein: I’m going to try to focus on the key points or issues about the refugees inJerusalem, which for now I can’t get into, but I will be happy to return to them later when we discuss what was the impasse atOslo. Excuse me, the impasse at-CampDavid and -Taba, but I want to set the context, and I don’t think, I agree in part with the context that Dr.BenAmi set out, but not fully. The main context, in my opinion, is as follows. Since the mid1970s, there’s been an international consensus for resolving theIsraelPalestineconflict. Most of your listeners will be familiar with it. It’s called a twoStatesettlement, and a twoStatesettlement is pretty straightforward, uncomplicated. Israel has to fullywithdraw from theWestBank and Gaza and Jerusalem, in accordance with the fundamental principle ofInternationalLaw, cited threetimes byMrBenAmi in the book, his book, that it’s inadmissible to acquire territory by war. TheWestBank, Gaza and Jerusalem, having been acquired by war, it’s inadmissible forIsrael to keep them. They have to be returned. On the palestinian side and also the side of the neighboring arabStates, they have to recogniseIsrael’sright to live in peace and security with its neighbors. That was the quid pro quo: recognition of Israel, palestinian right to selfdetermination in theWestBank and Gaza with its capital inJerusalem. That’s the international consensus. It’s notcomplicated. It’s also notcontroversial. You see it voted on everyyear in theUnitedNations. The votes typically something like 160nations on oneside; theUnitedStates, Israel and Naru, Palau, Tuvalu, Micronesia and theMarshallIslands on the other side. That’s it. Now, the israeliGovernment was fullyaware that this was the international consensus, but they were opposed (a) to a full withdrawal from theWestBank and Gaza and Jerusalem, of course, and ([b]) they were opposed to creating a palestinianState in theOccupiedTerritories. Come1981, as pressure builds onIsrael to reach a diplomatic settlement in theIsraelPalestineConflict, they decide to invadeLebanon in order to crush thePLO, because thePLO was on record supporting a twoStatesettlement. As Dr.BenAmi’s colleague, AvnerYaniv, put it in a veryexcellent book, DilemmasOfSecurity, he said, "The main problem for Israel was," and now I’m quoting him, "thePLO’s peaceoffensive. They wanted a twoStatesettlement. Israel did not." And so Israel decides to crush thePLO inLebanon. It successfullydid so. ThePLO goes into exile. Come1987, palestinians in theOccupiedTerritories despair of any possibility of international intervention, and they enter into a revolt, the palestinianIntifada, basically nonviolent civilian revolt by the palestinians. And the revolt proves to be remarkablysuccessful for maybe the first couple of years. Come1990, Iraq invadesKuwait. ThePLO supports, ambiguously, but I think we fairly can say, and I agree withDr.BenAmi on this, they lend support toIraq. The war ends, Iraq defeated, and all theGulfStates cut off all of their money to thePLO. ThePLO is going down the tubes. Along comes Israel with a clever idea. Mr. Rabin says, Let’s throwArafat a lifepreserver, but on condition. And Dr.BenAmi puts it excellently, that "thePLO will be Israel’s subcontractor and collaborator in theOccupiedTerritories," and I’m quoting Dr.BenAmi, "in order to suppress the genuinelydemocratic tendencies of the palestinians." Now, it’s true, exactly as Dr.BenAmi said, that Israel had twooptions after theIraqWar. It could have negotiated with the real representatives of the palestinians who wanted that full twoStatesettlement in accordance with the international consensus, or it can negotiate withArafat in the hope that he’s so desperate that he’s going to serve as their collaborator and subcontractor in order to deny the palestinians what they’re entitled to underInternationalLaw. The israelis choseArafat, not only because Arafat himself was desperate. They chose him because they thought he would deny them what they were entitled to. He would suppress all resistance to the occupation. And finally the day of reckoning came withCampDavidtalks, it turned out Arafat was notwilling to make those concession to deny the palestinians what their rights were underInternationalLaw, and I think that’s where the impasse occured in-CampDavid and –Taba.
17.   Goodman: Let’s turn to the formerForeignMinister, ShlomoBenAmi.
18.   BenAmi: Yes, if I may with regard to-InternationalLaw and -242. One needs to [consider]242SecurityCouncilResolution in different way [from] one analyses Resolution425 that says Israel needs to pull out fromLebanon, or Resolution I forget the number says that Iraq needs pull out fromKuwait. The difference is that, in the lebanese case and the iraqi case, there was no negotiation at all. Theonlything that was asked by the international community pulls out unconditionally fromLebanon, and Iraq pulls out fromKuwait. This is a different case with242. 242 is an invitation to the parties to negociate the secure and recognised boundaries between the two entities. He doesn’t say anything by the way about the palestinianState, anything of theState, anything of theJerusalem, which is by the way thePLO rejected242. Didn’t accept the resolution, because it addresses the palestinian question only in question of refugeeproblem. This is what 242 does. So I think 242 is a framework for a peaceagreement inadmissible from the view of the palestinians, and Israel accepted it, because it spoke about, according to oneinterpreation, not full withdrawl from the territories, and didn’t mention a palestinianState and the rest of it. As far as thesecondpart ofDr.Finkelstein’spresentation is concerned, I agree based on what I say. Theonlything I would add to it is that InternationalLaw was thelast or theleast ofArafat’sconcern. He didn’t give a damn aboutInternationalLaw. It was not whether or not the agreement was based onInternationalLaw or not that concernedArafat. In my view. This is my interpretation of the man, I met the man manymanytimes, I might be wrong obviously, but this is my firsthand interpretation of this man. He was Morally-, psychologically-, physically-incapable of the Morallegitimacy of a jewishState regardless of its borders or whatever. Arafat was incapable of closing or locking the door of this endless conflict between us and the palestinians. And this is the bottom line. I mean, inTaba, nothing to do withInternationalLaw. InTaba, what happened was that Arafat reallybelieved that [GeorgeWalkerBushJr.] is a replica of[GeorgeHerbertWalkerBush]. And [GeorgeHerbertWalkerBush] was known in the arab world as morefriendly or more, at least partiallydeaf to the jewish concerns. This was his image in the arab world. I remember the visit I made toPresidentMubarak after we left office, I said, Everybody speaks about military intelligence, Mr.President, but we all fail in our political intelligence. You wanted an election ofPresidentBush, you wanted thePresidentAlGore, and we ended up with themostfriendlyPresident to theStateOfIsrael ever in theWhiteHouse. So this was the conviction ofArafat. That he can still get a better deal from[GeorgeWalkerBushJr.]. His concerns were of political nature more than anything else. And this is where he failed again, because Arafat had always a sense of somebody who knows everything. I mean, he thought of himself as a great statageist, and this is where he failed time and again. And he betrayed the cause of his own people, because at the end of the day, today, the palestinians are becoming thesecondcurse of theMiddleEast, a nation that he’s moving away from the chances of having aState. There is never going to be an ideal solution. A leader needs to make a decision or moments of trial, because if you look for a consensus among your people for a solution, you might never have that kind of consensus. Peace is a devised enterprise, and peace that is accepted byHamas will not be accepted by the israelis just as peace that is accepted by israelis, because far right, mutadis mutandis, [Fuck are you talking about?] is not going to be accepted by the palestinians. You need to divide your society. And the peaceagreement will not be in full coincidence with the requirements of theInternationalLaw, it will be in coincidence with the feasibility, with the politicalpossibility of reaching a precarious line in the equilibrium in the position of the parties. This is how peace is made throughoutHistory. And I believe that we lost that oppotunity sadly enough, and we need to go back to it. When it comes to the new situation in the palestinian authorities today, I am lesspessimistic than any others. I don’t think that we need automatically to rule out the new rulers, [Hamas] inGaza as peacepartners. There are things that need to be done.
19.   Goodman: Hamas, you mean.
20.   BenAmi: Hamas, yes. I think that in my view there is sort of poeticJustice with this victory ofHamas. After all, what is the reason for this nostalgia forArafat and thePLO? Did they [“]run the furs[“] of the palestinians in the clean way? You mention the corruption, inefficiency. Of course, Israel has contributed a lot to the integration of the palestinian system, no doubt about it. But the leaders failed them, their leaders betrayed them. And the victory ofHamas was Justice being made in many ways, so we cannot preachDemocracy, and then say that those who won are notaccepted by us. Either there is [a]Democracy or there is noDemocracy. With these people, I think they’re muchmorepragmatic than is normallyperceived. In the1990s, they invented the concept of a temporary settlement with theIsrael. 1990s, thefirsttime Hamas spoke about the temporary settlement withIsrael. In2003, they declaredunilaterally a truce, and the reason they declared the truce is this: that withArafat was the system of ** was one of divide and rule. They were discarded from the politicalsystem. MahmoudAbbas has integrated them into the politicalsystem and this is what brought to the truce. They’re all interested in politicising themselves, in becoming [a] politicalentity. And we need to try and see [the] ways where we can work with them. Now, everybody says they need first of all to recognise theStateOfIsrael and Enterism. Believe me, I would like them to do so today, but they’re not going to do that. They’re eventually going to do that in the future, but only as a part of a quid pro quo just as thePLO did it. ThePLO, when Rabin came to negotiate with them, also didn’t recognise theStateOfIsrael, and they engaged in all kinds of nasty practices. And therefore, we need to be muchmorerealistic and abandon wornout clichés, and see whether we can reach something with these people. I believe that longterm interim agreement between Israel and Hamas even if not negociated between the parties, but through a thirdparty is feasible and possible.
21.   Goodman: ShlomoBenAmi is a formerForeignMinsiter ofIsrael. NormanFinkelstein is a professor ofDePaulUniversity. Both [has] written books onIsrael. ShlomoBenAmi’s is ScarsOfWar.WoundsOfPeace. NormanFinkelstein’s is BeyondSchutzpah.MisuseOfAntiSemitismAndTheAbuseOfHistory. Your response to the formerForeignMinister ofIsrael.
22.   Finkelstein: Well, I want to put aside for a moment the question ofHamas and just return to the previous point, namely the relevance[s] were not ofInternationalLaw. It’s not an abstract question. It’s not the question fortunately only to be left to lawyers. It’s the question which bears on thelastthird ofDr.BenAmi’sbook, namely, who was responsible for the collapse of the impasse, negotiations inCampDavid and Taba? Whereas in my view, Dr.BenAmi wears historian’shat, he gets everything right.  When he puts on a diplomat’shat, he starts to get things, in my opinion, wrong. And it’s that the last third of the book that things begin to goseriously-aride. Now, I can’t look intoMr.Arafat’s[thoughtprocess] heart, and I don’t know what he did or didn’t believe. Frankly, I have no interest in it. My concern is let’s look at the diplomatic record, the factual record. What were the offers being made on each side of theCampDavid and in theTabatalks? And the standard interpretation, which comes, which is, you can call it theDennisRossinterpretation, which I think unfortunately Dr.BenAmi echoes, is that Israel made huge concessions atCampDavid and Taba; palestinians refused to make any concessions, because of what Dr.BenAmi repeatedly calls Arafat’s unyielding positions; and that Arafat missed a huge opportunity. Now, it is correct to say that if you frame everything in terms of what Israel wanted, it made huge concessions. However, if you frame things in terms of what Israel was legallyentitled to underInternationalLaw, then Israel made-precisely and -exactly zeroconcessions. All the concessions were made by the palestinians. Briefly, because we don’t have time, there were four key issues atCampDavid and at Taba. Numberone, settlements. Numbertwo, borders. Numberthree, Jerusalem. Numberfour, refugees. Let’s start with settlements. UnderInternationalLaw, there is no dispute, no controversy. Under Article49 of the FourthGenevaConvention, it’s illegal for any occupying country to transfer its population toOccupiedTerritories. All of the settlements, all of the settlements are illegal underInternationalLaw. No dispute. TheWorldCourt inJuly2004 ruled that all the settlements are illegal. The palestinians were willing to concede 50%, 50% of the israeli settlements in theWestBank. That was a monumental concession, going well beyond anything that was demanded of them underInternationalLaw. Borders. The principle is clear. I don’t want to get into it now, because I was veryglad to see that Dr.BenAmi quoted it threetimes in his book. It is inadmissible to acquire territory by war. UnderInternationalLaw, Israel had to withdraw from all of theWestBank and all ofGaza. As theWorldCourt put it inJuly2004, those are, quote, "occupied palestinian territories." Now, however you want to argue over percentages, there is no question, and I know Dr.BenAmi won’t dispute it, the palestinians were willing to make concessions on the borders. What percentage? There’s differences. But there is no question they were willing to make concessions. Jerusalem. Jerusalem is an interesting case, because if you readDr.BenAmi or the standard mainstream accounts in theUnitedStates, everyone talks about the huge concessions that Barak was willing to make onJerusalem. But underInternationalLaw, Israel has not oneatom of sovereignty over any ofJerusalem. Read theWorldCourtdecision. TheWorldCourtdecision said Jerusalem is occupied palestinian territory. Now, the palestinians were willing, the exact lines I’m not going to get into now, they are complicated, but I’m sure Dr.BenAmi will not dispute they were willing to divideJerusalem roughly in half, the jewishside toIsrael, the arabside to the palestinians. And numberfour, refugees. On the question of refugees, it’s not a dispute underInternationalLaw. Remarkably, even fairlyconservativeHumanRightsorganisations like-AmnestyInternational, -HumanRightsWatch, in2000, during theCampDavidtalks, they issued statements on the question of the right-of-return. And they statedcategorically, underInternationalLaw everypalestinian, roughly five-to-sixmillion, has the right to return, not to some little parcels, onepercent of Israel, which Israel is about, which Israel would swap, return to their homes or the environs of their homes inIsrael. That’s theLaw. Now, Dr.BenAmi will surely agree that the palestinians were notdemanding and neverdemanded the full return of sixmillionsrefugees. He gives a figure of 4to800.000. In fact, I’m not going to get into the numbers, because it’s veryhard to pin it down, other authors have given figures of the tens of thousands to 200.000 refugees returning. That’s well short of sixmillion. On everysingle issue, all the concessions came from the palestinians. The problem is, everyone, including Dr.BenAmi in his book, he begins with what Israel wants and how much of its wants, it’s willing to give up. But that’s not the relevant framework. Theonly relevant framework is underInternationalLaw what you are entitled to, and when you use that framework it’s a veryverydifferent picture.
23.   Goodman: If you can bear to make this response brief, Dr.ShlomoBenAmi.
24.   BenAmi: Yes, yes. Okay, the last thirdpart of the book, as Dr.Finkelstein says, there is the diplomat, and this samediplomat stillbehaves in a way as a historian when he says in this book that CampDavid was not the missed opportunity for the palestinians, and if I were a palestinian I would have rejectedCampDavid, as well. This is something I put in the book. But Taba is the problem. TheClintonparameters are the problem, because theClintonparameters, in my view.
25.   Finkelstein: Maybe you could explain to them what that is. I don’t think most people will know theClintonparameters.
26.   BenAmi: Well, theClintonparameters say the following. They say that on the territorial issue, the palestinians will get 100% of Gaza, 97% of theWestBank, plus safe passage fromGaza to theWestBank to make theState viable. There will be a landswap. The 97%, which I mentioned, takes into account the landswap, where they will get 3% on this side, within theStateOfIsrael, so we will have the blocks of settlements and they will be able to settle refugees on this side of the border. AboutJerusalem, it says what is jewish is israeli, and what is palestinian is, sorry, and what is arab is palestinian. It includes fullfledged sovereignty for the palestinians onTempleMount, on theHaramAlSharif, no sovereignty, no jewish sovereignty on theHaramAlSharif, which was at the time and continues to be a major, major problem for israelis and jews, that these things mean to them a lot. And then, with the question of refugees, it says that the refugees will return to historicPalestain, to historicalPalestain, and that Israel will maintain its sovereign right of admission. That is, it will have to absorb a number of refugees, but with restrictions that need to be negotiated between the parties. But the bulk of the refugees will be allowed to return to theState ofPalestain. This is the essence of theClintonparameters. What Dr.Finkelstein said here aboutInternationalLaw, I want to make it clear, it is important, it is vital for a civilised community of nations to have an axis of principles based onInternationalLaw, around which to run the affairs of our chaotic world. It is veryimportant. It is vital, etc. But at the same time, when you go into politicalissues, and you need to settle differences, historical differences, differences that have to do with politicalrights, security concerns, historical memories, etc., it is almostimpossible to do things on the basis ofInternationalLaw, but rather, on something that is as close as possible to the requirements ofInternationalLaw. The veryfact that, as Dr.Finkelstein rightlysays, that the palestinians were ready to make this or that concession is the reflection of them understanding that there is no viability, there is no possibility really to reach an agreement that says let us apply-automatically and -rigidly the requirements ofInternationalLaw. So we need to find a way, I believe, I reallybelieve, that CampDavid we failed to find that way, I say it veryclearly in the book. It is my conviction that through theClintonparameter, it was not the sudden whim of lameduckPresident. They were the point of equilibrium between the necogiating parties, and thePresident sort of looked for a way between the two position and presented these parameters. They could be finetuned obviously. We tried to finetune them inTaba. We made some progress, but eventually a number of reasons among them politicalquality of time that is missing, for the americans and for the isralies, and because the consideration ofArafat that he reallybelieved that he can get a better deal. I think that he will not get a better deal. The conditions are not there, I don’t see that happening in a foreseeable future, so he lost the opportunity of having a deal that he [considers] imperfect, inevitablyimperfect, will always be imperfect, because this is the way peaceprocess are done all over. And he sent his nation into the wilderness of all and backing the timemachine of call of the conflict. This is what we face today.
27.   Goodman: NormanFinkelstein, quick response. And I wanted to ask you your, one of the main thesis in your book that has with antiSemitism.
28.   Finkelstein: Just for the sake of audience.
29.   BenAmi: Briefly, because.
30.   Finkelstein: Yeah.
31.   BenAmi: I do mention obviously the inadmissibility of the acquiring, acquisition of land by force. This is not the invention. This is what the242 says.
32.   Finkelstein: Exactly.
33.   BenAmi: This is what 242 says. But again, let us look at the new ones. When the isralies accepted242, that’s because this expression of inadmissibility of the acquisition of land by force is tempered by the concept through the concept of borders that are defensible and recognised and securityborders. That’s the equilibrium, which is notInternationalLaw, but it is give and take in a negotiations.
34.   Goodman: ProfessorFinkelstein.
35.   Finkelstein: I don’t want to get into the interminable question of what 242 meant. I’ll simplystate InternationalCourtOfJustice in july2000 ruled on that question, that Israel has to withdraw, fullywithdraw [from]-Westbank [and] -Gaza, includingJerusalem. To my mind, it is no longer a matter of dispute no matter, however you want to interpret242. Let’s now turn to just quickly thelastissue. It’s going to be hard for a lot of you listeners, because even though I have read twodozens of books on the topic, I keep getting things confused. CampDavidAccords-talks are in july2000. Clintonparameters are roughly december23rd2000. Taba in january2001. Now, Dr.BenAmi says, CampDavid, I can understand why the palestinians turned down. Unfortunately, in his book, he keeps referring to Arafat’s unyielding positions, even though now he acknowledges the palestinians made concessions atCampDavid. In fact, as I said, all the concessions within the framework ofInternationalLaw came from the palestinians. Let’s now turn to those Clintonparameters. Dr.BenAmi accuratelyrenders their content. I don’t think he accuratelyrenders in the book what happened. He states in the book that atTaba israeli. Excuse me, at the time ofClintonparameters, israelis accepted theClintonparameters. Arafat didn’t really accept theClintonparameters. He says he did, but he didn’t. What actually happened? What actually happened is  exactly as what was announced by theWhiteHousespokesman onJanuary3rd2001, the official statement was both the israelis and the palestinians have accepted theClintonparameters with some reservations. Both sides entered reservations on theClintonparameters. Dr.BenAmi leaves out in the book both sides. He onlymentions the reservations by the palestinians. Numbertwo, I was surprised to notice one of the books Dr.BenAmi recommends is the book byClaytonSwisher calledTheTruthAtCampDavid. I looked in the book. On page402 ofClaytonSwisher’sbook, when he’s discussing the issue of entering reservations toClinton’sparameters, he quotes none other thanShlomoBenAmi. You acknowledged, you call them relativelyminor, but you acknowledged that Barak entered, you called it several pages of reservations. In fact, Barak sent a tenpageletter of reservations to theClintonparameters. It was exactlysymmetrical. Both the israelis and the palestinians agreed to theClintonparameters with some reservations.
36.   BenAmi: Yeah.
37.   Finkelstein: Wait, one last point, one last point. Dr.BenAmi left out another crucial point in his account. He doesn’t tell us why Taba ended. It endedofficially when Barak withdrew his negotiators. It wasn’t the palestinians who walked out of Taba. It ended with the israelis walking out ofTaba, a matter of historical record, not even controversial.
38.   Goodman: Dr.BenAmi.
39.   BenAmi: Okay, well. Laughter ofBenAmi. You see, as somebody who was a part of those who prepared the israeli document that was submitted toPresidentClinton, I can say that the bulk of the document was an expression of our, the comparison that we made between our initial positions and what was reflected in theClintonparameters. It was not a series of reservations. It was basically a mention of the difference, the way that we have gone. This was an attempt to impress thePresident, more than an attempt to say that these are reservations, sine qua nons. There were no real reservations in our document, whereas in the palestinian document, there were plenty of them, with the refugees, with theHaramAlSharif, with what have you. I mean, it was full of reservations from beginning to end. Ours was not a document about reservations, it was a statement, basically, that said these were our positions, this is where we stand today. We have gone a verylong way, we cannot go beyond that. This was essentially what we sent. Now, with regard toTaba, you see, we were aGovernment committing suicide practically. Twoweeks before general elections, theChiefOfStaff, GeneralMofaz, who is now theMinisterOfDefense, comes and in a, I say that in the book, in something that is tantamount to a coup d’État, comes and sayspublicly that we are putting at risk the future of theStateOfIsrael by assuming the lintonparameters, and we accept them, we assume them. And then I go toCairo and I meetPresidentMubarak, and PresidentMubarak invitesArafat to see me inCairo, and I say toArafat, We are going to fine tune this in a meeting inTaba, if you wish. And then we go toTaba, and we negotiate inTaba. And inTaba, PrimeMinisterBarak instructs me to conduct secret negotiations withAbuAlla. Within the negotiations, we had thesecondtrack trying to reach an agreement, and he evenagrees to all kind of things that he was not veryopen to before that. Now, this was the end. We saw that we are not reaching an agreement, and we need to go back, even if for the electoral campaign. I mean, we were a week before the elections. I mean, we were practicallynonexistent. We were. Our legitimacy as aGovernment to negotiate such central issues asJerusalem, asTempleMount, the temple, etc., was being questioned, not only by the right that was making politicalcapital out of it, but by the left, people from our own Government. “ShlomoBenAmi is ready to sell out the country for the sake of aNobelPrize.” This is what HaimRamon said, one of theLabourministers, so it was unsustainable. We could not go any longer. So to say that we now, the whole thing collapsed, because we put a helicopter over the palestinians to go and see if we can lubricate some basic peaceparameters on the basis of onenegotiations. They didn’t want it. Arafat didn’t want it. Anyway, the thing is that we need to understand that, frankly with all due respect of the requirement ofInternationalLaw, at the end of the day, at the end of the day, the peaceprocess is a politicalenterprise. And there are things that Governments can do and things they cannot do, because if you do things [] that leave you without politicalsupport, then you can do nothing. You can write poetry, not make peace. And we’ve been writing poetry every since, because we are not in office. We are advancing all kinds of peacedreams. It is only when you are in office and you have a politicalsupport that you can move ahead, this is theonlyway that peace is done. We already [have] done our verybest. We went out of our limits of our capacity to compromise without disintegratingentirely our homefront, and this is an exercise that Sharon decided not to make, preciselybecause we learned from our experience. He said, Listen, we’re not going to do that. I’m going to be an neutralis[er]. I don’t believe in negociations. It’s verybad. But this is the lesson that he learned from setexperience of the collapse of the peaceprocess in thelastyear ofClintonpresidency.
40.   Goodman: We don’t have verymuch time. I wanted to ask you, ProfessorFinkelstein, about your thesis, not so now (new antiSemitism). What does that mean?
41.   Finkelstein: Well, actually, I think it’s useful to connect it with the conversation we’ve just had. Namely, I think when honest and reasonable people enter into a discussion about [any] topic, you will have large areas of agreement, some area of disagreement, and frankly, and I’m not saying it to flatter. I say it because I believe it. I don’t flatter by nature. I’m quite certain that if palestinians, if representatives of the palestinians were to sit down withShlomoBenAmi in a room, [andif] weren’t subjected to the sorts of politicalpressures that Dr.BenAmi describes from Israel, I think a reasonable settlement could be reached, and I think he’s reasonable, in my opinion. We can disagree on some issues, but he’s reasonable. The problem is when you get to theUnitedStates. In theUnitedStates, among those people who call themselves supporters ofIsrael, we enter the area of unreason. We enter aTwilightZone. American jewish organisations, they’re not only not up to speed yet withStevenSpielberg [and his fucking amazing stories], they’re still in theLeonUris-exodusversion ofHistory, the (this land is mine, god gave this land to me), and anybody who dissents from this, you can call it, lunatic version ofHistory is then immediatelybranded an antisemite, and whenever Israel comes under international pressure to settle the conflict diplomatically, or when it is subjected to a publicrelationsdebacle, such as it was with theSecondIntifada, a campaign is launched claiming there is a new antiSemitism afoot in the world. There is no evidence of a new antiSemitism. If you go through all the literature, as I have, the evidence is actually inEurope, which is Dr.BenAmi’s halfhomeground, Spain, but throughoutEurope, the evidence is, if you look at like thePewCharitableTrust surveys, antiSemitism has actuallydeclined since thelasttime they did the surveys. They did it in1991 and 2002. They said the evidence is that it’s declined. And thesamething in theUnitedStates. What’s called the “new antiSemitism” is anyone who criticises any official israeli policies. In fact, my guess is had people not known who wroteScarsOfWarWoundsOfPeace, that book would immediately be put on theADL's list of verboten books, an example of antiSemitism, because he says things like the zionists wanted to transfer the arabs out. That's antiSemitism. It has nothing to do with the real world. It’s a publicrelationsextravaganzaproduction to deflect attention from the facts, from theRealities, and I think this afternoon in our exchange, there were some areas of disagreement for sure, but I think a lot of what Dr.BenAmi said would not go down well with most of american jewry, and that’s when they’ll soon be charging him with being an antisemite.
42.   Goodman: Your response, Dr.BenAmi, and do you see a difference in the dialogue inIsrael and you do right here?
43.   BenAmi: On the question of antiSemitism? Well, Israel is the result of the jewish catastraophe, there’s no doubt about it. With no jewish catastrophe, there would not be aStateOfIsrael. And I think that during thefirstyears of, before the creation of theState, especially the figure ofBenGurion, jewish catastrophe needed to be enlisted for the cause of the creation of theState. You see, BenGurion was a Leninist in some way, he was aLenintype. By this I mean, he onlyhad one central idea in his mind, that is the creation of theStateOfisrael, all the other considerations were subservient to that goal, which is the reason why he rushed to reconcile the jewish people in theStateOfIsrael withGermany, because it was vital force to theStateOfIsrael. He was revolutionary in the sense. All the other nations are instrumental to that. I think that [NaziHolocaust] has become not only defining event for the jewish people, but.
44.   Goodman: **, you mean, [NaziHolocaust.]
45.   BenAmi: Holocaust, not only the definining issue for the jewish people but something that Israel has. NotInsrael, but perhaps some politicians inIsrael abused, begging use to compareArafat toHitler. He must have been a probablyverynasty guy, but certainly notHitler. Just as I don’t think that SaddamHussin was Hitler. I think President[GeorgeHerbertWalkerBush] likened him toHitler. We go verylikely with these things, we do this kind of comparison necessarily. The capture ofEichmann, for example, was veryimportant toBenGurion, because he wanted the sort of pedagogical exercise for the young generation. I explain this in the book why he needed to reconcile himself with theShah, [?] which didn’t interest him very much in the beginning. He was verymuchconcerned with other issues. Suddenly he covered the threw this ethos of the newIsrael, of the**. You cannot build cohesive nation, because people were coming from different parts of the world, so you needed to resort to jewish memory, to jewish values, to jewish catastrophe as a way to unite the newborn nation. Today, it seems to me that the problem of antiSemitism when it happens, for example, inFrance, synagogues are being attacked, etc. If these happen through the hands of muslim youngsters in the suburbs ofParis. For me, it is verydifficult to define as antiSemitism. I can define it as-Hooliganism and -manipulation of conflict in theMiddleEast in order to perpetrate all kinds of nasty acts against the jewish holy places, but this is not what we understand as antiSemitism, which is an european malady as it were. I think it was there already, it will continue to be there, but I’m not in the business of counting how many incidents happened. And there’s an institute atTelAvivUniversity that will tell you how many incidents happen every year. I don’t believe also that the number of incident, as such, is a reflexion of antiSemitism is growing. I believe that it is there, I believe it will stay there as a subculture current in many european societies, but I’m notscandalised by the antiSemitism today. I can see moresemophobia against northafricans, against foreigners throughoutEurope. And in a way, in a way, I can even see a reconcliation ofEurope with its jewish past. There’s a hardly european country where you would not find today a museum of jewishIstory, not only inGermany. Poland, Iran, France, all over the place. So, Judaism has, it is being endorsed more and more, the jewishHistory, as a part of a whole european legacy. The problem today is in my view much more that of arab, muslim immigrants from northAfrica, from theMiddleEast and other parts.
46.   Goodman: Being descriminated.
47.   BenAmi: Yeah, absolutely.
48.   Finkelstein: Totallyagree. No disagreement at all.
49.   Goodman: On the issue of language, Terrorism, Arafat called terrorist, Hamas called terrorist. How would you describe the israeliState when it attacks civilians in theOccupiedTerritories? Or how would you describeArielSharon?
50.   BenAmi: Well, let me tell you what is my description ofTerrorism. Terrorism, in my view, is an indiscriminate attack against civilian population. If I, personally, or my son, god forbid, is being attacked, being in uniform in palestinian territories, by aHamascall, I would not define this asTerrorism. I will define asTerrorism if they go into a kindergarten or a mall, explode themselves and cause injuries and death among civilian population. This to me is. Now, the problem of the response of aState is muchmoredifficult to define, because aState needs to go not against the civilian population. It needs to go against military targets, ticking bombs. This is what States can do and should do. The problem is that when you have a fight, not againstArmies, which is the case of-Syria, -Egypt, we never spoke about Terrorism, State, israeliStateTerrorism against the egyptians. We spoke about wars between two military sides. This is verydifficult in the conditions prevailing in places like-Gaza or -theWestBank, where you have militias, you have arsenals of weapons, etc., and theArmy attacks them and there is collateral damage to civilian population. To me, this is verydifficult to define asStateTerrorism. It is attacking military objectives or sort of military objectives, anArmy which is not a realArmy, but can cause damage and you need to fight back and defend your population, and it is veryveryunfortunate that civilians are hit. But if Israel targetsintentionally civilians, this is a different matter. This can be defined asTerrorism. I don’t believe that we have done it. [Whatthefuck?] Normally, the practice is that things happened-collaterally.
51.   Goodman: I would like to get your response, ProfessorFinkelstein, and also if you could include in that, you have a chapter inBeyondChutzpah calledIsrael’sAbuGhraib.
52.   Finkelstein: Well, on the issue ofTerrorism, I agree withDr.BenAmi’sdefinition. It’s the indiscriminate targeting of civilians to achieve politicalends. That’s a capsule definition, but I think for our purposes it suffices. What does the record show? Let’s limit ourselves to just theSecondIntifada, fromSeptember28 to the present. The period for that period, the record shows approximately 3.000 palestinians have been killed, approximately 900 israelis have been killed. On the palestinian side and the israeli side, I’m now using the figures ofB’Tselem, theIsraeliInformationCenterForHumanRights in theOccupiedTerritories, on the palestinian and the israeli side roughly onehalf to twothirds of the total number were civilians or bystanders. And if you look at the findings of theHumanRights supports, B’Tselem, AmnestyInternational, HumanRightsWatch, PhysiciansForHumanRights inIsrael, and so forth, they all say that Israel uses reckless indiscriminate fire against palestinians, and B’Tselem says when you have so many civilian casualties, you have, you know, 600 palestinian children who have been killed, which is the total number of israeli civilians killed. 600 palestinian children killed. They said when you have so much, so many civilians killed. I don’t particularly like the phrase “collateral damage”. [I agree. The title ofSchwarzeneggermovie.] When you have so many civilians killed, B’Tselem says it hardlymakes a difference whether you are purposelytargeting them or not, theState has responsibility. So, you could say Israel, using numbers now, is responsible for threetimes as muchTerrorism in theOccupiedTerritories as palestinians againstIsrael. That’s the question ofTerrorism. Let’s turn to an ancillary issue: the issue of torture. Now, the estimates are, up to 1994-1995, that Israel tortured, and I’m using the language of-HumanRightsWatch and -B’Tselem, Israel has tortured tens of thousands of palestinian detainees. Israel was theonlycountry in the world, theonlyone, which had legalised torture from1987to1999. The record on torture, on housedemolitions and on targeted.
53.   BenAmi: 1999 is when we came to office.
54.   Finkelstein: Well, I wish that were, I wish that [it] were the saving grace, but the fact of the matter is, being faithful to historical record, the record of Labour has been much worse onHumanRightsviolations than the record ofLikud. It’s a fact that the only israeliGovernment during the period from1967 to the present which temporarilysuspended torture was Begin from1979to1981. On the record of housedemolitions, Mr.Rabin used to boast that he had demolished manymorehomes than any LikudGovernment. Even on the record of settlements, as Dr.BenAmi well knows, the record ofRabin was worse in terms of settlementexpansion than the record ofYitzhakShamir, and a fact he leaves out in the book, the record ofBarak on housingstartups in theOccupiedTerritories.
55.   Goodman: Building morehouses?
56.   Finkelstein: Yeah, was worse than the record ofNetanyahu. It’s a paradox for, I’m sure, american listeners, but the record onHumanRights, an abysmal record in general, an abysmal record in general, and in particular, theworstrecord is the record ofLabour, not Likud.
57.   Goodman: Dr.BenAmi.
58.   BenAmi: Laughter ofBenAmi. Well, Dr.Finkelstein alreadysaid what needs to be said about end of the legal status of torture ending in1999. When it comes to difference between Labour and Likud, I make these point[s] in a different way in the book. And that is that Labour was muchmorekeen to advance the final ethos ofLabour, which is settling the land. These were never ethos of the right. The right dreamt about greater Israel, but did nothing to implement it. You know, in theCampDavid, thefirstCampDavid that was withSadat, the right that was in office dismantled the settlements ofYamit in northernSinai. Left was in the position couldn’t follow that collapse of ethos of the settling the land. The right was morebiblical, sort of morereligious, lesspractical in its attitude to the territories. So it was always the case, this is the point I make in the book, the settlements where in fact started byShimonPeres, when he was a defenseMinister ofYitzHakRabin. But you see.
59.   Goodman: OfLabour.
60.   BenAmi: OfLabour, obviously. But onecircumstance that needs to be emphasised however, it’s this: at least as late from1988, I make the point in the book, that surprisingly until1988 there’s hardly any difference in the politicalattitude between Labour and Likud. You couldn’t reallydiscern any difference in the attitude. Things start to change in1988. And I do give credit toArafat here, contrary to what I do. Arafat was pioneer in many sense, because he invented the peaceprocess, what you call the peaceprocess by his declaration of1988, and it is from that moment that those inLabour who continued to settle are the verypeople the thing that, Okay, at the end of the day, we will have to find some sort of agreement with the palestinians when we might even have to dismantle the settlements, which is in itself an interesting march of folly, that is, you create the settlements knowing that at some point you might have to compromise. The difference between the settlement created bySharon and those created byRabin is this: that Sharon created settlement in order to torpedo future agreements whereas what he called, I agree, it was an internal israeli game. But he drew the distiction between politicalsettlements, that is, settlements that is created in order to derail the possibility of an agreement and other kind of settlements that might [] become a part of theStateOfIsrael in the context settlement. So this is a veryvital difference that, at the end of the day, was accepted by the palestinians. The fact that, as you yourself say, inCampDavid, that’s where they accepted the concept, assumed the concept of blocks of settlement if only it indicates the position of [] Labourrights that say, Okay, buildingsettlement in areas that make sense will become in the future a part of theStateOfIsrael.
61.   Goodman: And in the issue of torture in the tens of thousands of palestinians.
62.   BenAmi: I don’t. To tell you the truth, I don’t know about the numbers, and we have seen differentGovernments in, the british have done it. [JohnFord] What the british did inPalestine in the[19]30s, there is nothing new in what we did that the british didn’t do before us, and the americans now inIraq and elsewhere. What I find veryveryuncomfortable is really this singling out Israel that lives in a veryunique sort of situation in comparison with other countries, but.
63.   Goodman: Well, NormanFinkelstein makes the point, "Israel’s AbuGhraib," so that’s making reference to what America did inIraq.
64.   BenAmi: Okay, okay. But if you, if you would come from another planet and examine the resolutions of theUN, theSecurityCouncil, you might reach the conclusion there is onlyonesinner in this planet, and it’s theStateOfIsrael, and not anybody else. [Fuckyou.]
65.   Finkelstein: But I am quoting your own HumanRightsorganisations. You know, B’Tselem is not theUnitedNations.
66.   BenAmi: Okay, that’s okay. I mean, I’m not, but it speaks in favour of Israel that we haveHumanRights[group], we have B’Tselem, and we criticise ourselves.
67.   Finkelstein: Right.
68.   BenAmi: And we want to change things, but the solution.
69.   Finkelstein: I will agree with that, but then you have to say it doesn’t speaktoomuch inIsrael’sfavour that it’s theonlycountry in the world that legalised torture. It was also theonlycountry in the world that legalised hostagetaking. It was also theonlycountry in the.
70.   BenAmi: It wasn’t legalised.
71.   Finkelstein: Well, yes. As your ChiefJustice called it, “keeping lebanese as bargaining chips.” Israel was theonlycountry in the world that’s legalised housedemolitions as a form of punishment. Those things have to also be included in the record.
72.   Goodman: Dr.BenAmi.
73.   Finkelstein: In addition to. I totallyagree with you, it’s to Israel’scredit that it hasB’Tselem, an organisation for which I have thehighest-regard and -esteem. I agree with that.
74.   BenAmi: Okay, you see, the thing is that the conditions where Israel has to operate, this is. We do not have a-Sweden and -Denmark as neighbours, and we have neighbours that have taken hostages, and have taken hostages that forced us to exchange things that were notverypopular. Rabin himself gave away 1.500 palestinian and lebanese prisoners in exchange for three israeli soldiers, and Sharon gave away fourhundreds palestinian prisoners in exchange for fourbodies of israeli soldiers. So we are living in that kind of place.
75.   Finkelstein: But that may tell you that’s because they take so many people prisoner that they have a lot to give back. Right now, as we speak, there are 9.000 palestinian politicalprisoners inIsrael.
76.   BenAmi: This is because we live in the conditions that we live. We are not, as I said. This is notScandinavia.
77.   Finkelstein: But, Dr.BenAmi, you know as well as I do, InternationalLaw does not apply to some countries and not to others, and some continents and not to others. Either (it applies to everybody) or (it applies to nobody). So to use the excuse, Well, in our neighborhood we don’t have to recogniseInternationalLaw, is simply a repudiation ofInternationalLaw.
78.   BenAmi: No, I’m not saying. No, no, I’m not saying that we do not have to recogniseInternationalLaw. I say that the conditions.
79.   Finkelstein: Well, then, it applies.
80.   BenAmi: No, no. I mean, there are conditions where you cannot apply these lofty principles, which are veryimportant, but you cannot apply them. [Soderbergh&Clooney. Scorsese. JohnFord.] And the british, and the british.
81.   Finkelstein: The british is an interesting example.
82.   BenAmi: Well, it’s an interesting example. They didn’t.
83.   Finkelstein: B’Tselem did a comparison.
84.   BenAmi: They did it inGibraltar.
85.   Finkelstein: TheBritish, that’s right.
86.   BenAmi: They did it in theFalklands. They did, anywhere.
87.   Finkelstein: B’Tselem did an interesting comparison. It compared the british policies of torture in northernIreland with israeli policies of torture. In the1970s, there were thousands of terrorist attacks by theIRA, and B’Tselem’s comparison showed that the israeli record is muchworse than the british on the question of torture. That’s the facts.
88.   BenAmi: Yeah. You face now in this country a challenge ofTerrorism, so you go toPATRIOTAct and you go to. [Finally he says what he believes.]
89.   Finkelstein: But you won’t find me justifying torture.
90.   BenAmi: These are the conditions that can be verydire, verydifficult.
91.   Finkelstein: No conditions justify torture.
92.   Goodman: Well, let me askDr.BenAmi, on the issue of theUnitedStates, as you look here, coming here for a few days, AbuGhraib, Guantanamo, do you feel there are problems with the detention of the hundreds of men that are being held at Guantanamo without charge and what happened atAbuGhraib?
93.   BenAmi: Well, I cannot condone that. I mean, I think that, obviously, it is a violation of international norms. There is no doubt about it. But I don’t follow the internal american debate. I don’t know if this society is scandalised by what happens and what is the degree of civil opposition, civic opposition, and if you have here organisations like not only B’Tselem, even ShalomAchshav, which is a centrist, it’s not a leftwing. Organisation that exposes the seams of your own Government, I don’t know. Maybe yes. I think we are a society in the middle of a verycomplicated conflict. As I do admit, in this conflict many atrocities were committed by both sides, however, but I do recognise our own shortcomings, blunders and things. And theonlysolution to this situation, theonly, theonlysolution, is to try and reach a final settlement between us and the palestinians. There is no other way. There is no other way. To split the land into twoStates, twocapitals, trying to find thebestway to end this conflict, because much of the instability of theMiddleEast has to do with our condition. You don’t need to be a binLaden or aSaddamHussein, who tried to put on themselves the mantle of the vindicators of the palestinian cause in order to say that the palestinian issue is a platform of instability in the region that needs to be solved. But even when it is solved, let us not fool ourselves. Many of the problems that theWest is facing today with the arab world will persist. The palestinian issue has been used frequently by many arab rulers as a pretext for not doing things that need to be done in their own societies. But for the sake of the israelis, I am not, I am not, when I say that we need to make concessions, it is notbecause I am concerned with the future of the palestinians or because I am concerned withInternationalLaw. I want to say it veryclearly, it is because I define myself as an ardent zionist that thinks that thebest for the jews inIsrael is that we abandon the territories and we dismantle settlements and we try to reach a reasonable settlement with our palestinian partners. It’s not because I am concerned with the palestinians. I want to be veryclear about it. My interpretation, my approach is notMoralistic. It’s strictlypolitical. And this is what I’m trying to explain in the book.
94.   Goodman: I want to thank you both verymuch for being with us. ShlomoBenAmi,  former israeli, author of ScarsOfWarWoundsOfPeaceTheIsraeliarabTragedy. He is the head of theToledoPeaceCentre inSpain now. Also our guest for the hour, ProfessorNormanFinkelstein. He is the author ofBeyondChutzpahOnTheMisuseOfAntiSemitismAndTheAbuseOfHistory, professor atDePaulUniversity inChicago. Thank you both for joining us.
95.   Finkelstein: Thank you for having us.


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