http://www.nationalinterest.org/Article.aspx?id=13912Seizing on the Saudi Initiative
by Alon Ben-Meir
<snip>Although this altered landscape strengthens the Israeli bargaining position, to make serious progress and to persuade the Israelis to accept the initiative, the Saudis must do two things. First, they must add a reference to UN Security Council Resolution 242, not only in the original initiative’s preamble, where it is already referenced, but also in provision 2. And, second, they must insist that the new Palestinian unity government accept the initiative.
First, referring to 242 in provision 2 can allay Israeli concerns over two extremely sensitive areas: territorial withdrawal and the return of refugees. Resolution 242, passed in November 1967, calls for "withdrawal of Israeli armed forces from territories occupied in the recent conflict within secure and recognized borders." Also, the refugee problem must be addressed. It is critical to note here that 242 supersedes the 1948 UN General Assembly Resolution 194, commonly known as the "Right of Return" of the Palestinian refugees, which in any case, unlike 242, is not binding. Resolution 242, clause 2, section II, stipulates "achieving just settlement of the refugee problem", without even making a reference to the Palestinians because at the time there were also Jewish refugees from Arab lands. The UN charter does not recognize the General Assembly resolutions and treats them only as recommendations.
Moreover, as the initiative itself notes, both the Arab states and Israel have accepted 242, and, as such, it has provided the basis for peace negotiations and agreements between Israel and Egypt and Israel and Jordan. Referencing 242 in the body of provision 2 would simply strengthen the Saudi initiative, making it consistent with the accepted basis of negotiation between Israel and the Arab states, including the 1993–94 Oslo Accords agreed to by Israel and the Palestinians. From the Israeli perspective, Resolution 242 allows some room for territorial negotiation to achieve "secure borders", perhaps through limited land swapping. Also implicit in the resolution is finding a humanitarian solution to the refugee problem—through resettlement in Palestinian territories or compensation—because even the principle of the "right of return" is a nonstarter for Israel.
Second, although Arab League resolutions must be unanimous, for the revived Saudi initiative to accomplish its ends the Palestinians must accept it. The approved resolution should leave no loopholes for the Palestinians under the pretext that no Palestinian state now exists. <snip>