by H. Gibrain

A viable solution which would respect the human rights of all concerned and which would solve the problem of borders and resources, as well as demographics and the right to return for all peoples, Palestinian and otherwise, would be to declare the geographic boundaries defined by the Palestine Mandate as terra nullius – no one’s land.

Since this “disputed” land (annexed and occupied by the UN and Israel and the US and others by proxy) is really the last great colonial product of the British Empire – now perpetuated by the US and the other former colonized British states – let it be the first place on earth where there is no state control based on any discriminatory factor, where no one owns the land and where all people are seen as equal under the moral code of the nation as determined by what could be a stateless nation with a constitution (not defining a government structure, per se, but defining a moral code analogous to the Bill of Rights in the US and other international declarations based on equality, peace, justice, liberty, freedom, truth, dignity, trust and the rest of the virtues.

Such a move will require a great deal of courage from the United Nations organs and member states who are willing to uphold the law through their words and actions, an organized popular resistance from Palestinian civil society – and potentially the PA (as, say, exhibited in Abbas’ speech at the UN (in 2011 I think it might have been), and the international solidarity movement through BDS and other means of non-violent popular struggle.

The UN, in order to overcome the inertia of the security council and other organs that prevent the UN organizations – as an expression of its member states – to carry out its functions as prescribed by international law, the UN will likely need to change the structure since the current structure is not properly carrying out its function. The possibility and effects of a Second UN Charter convention should be seriously contemplated by the General Assembly and other appropriate bodies of the UN. Primarily, a restructuring or elimination of the Security Council, the veto, or how it can be used needs to be evaluated and the creation of some body representing civil society needs to take place – a people’s parliament.

In a Newtonian sense, when there are forces acting on a body creating a certain trajectory, in order to alter that trajectory and get it to go in the direction of an international law and human rights based system, the right actions need to take place from the right forces. In this case, as history has shown, there is no political will or skill from the main stakeholders to change the trajectory, so the Palestinian civil society and the respective civil societies of the world need to learn the principles and practices of non-violent popular struggle – which has shown, historically, to be a much more effective means of conflict transformation. It is not the military might that will win the struggle for legitimacy, it is the struggle for equality and justice from international solidarity with the Palestinians that will usher in a durable peace.