By Mary Nazzal-Batayneh*
The release of the “Palestine Papers” came as a blow even to those of us who for years have distrusted and disputed the very legitimacy of the Palestinian ‘Authority.’ Every leak so far has come as a full-on slap in the face of Palestinian dignity and pride that is held in such high esteem.
What makes the issue worse is the humiliating and light-hearted manner used by the so-called ‘negotiators.’ While for example, civil society is fighting to stop the illegal Israeli annexation of Jerusalem, Mr. Erekat has brazenly declared willingness to concede “the biggest Yerushalayim in Jewish history.”
Some commentators have so far remarked on the desperation displayed by the ‘negotiators.’ Yes, the Palestinians are desperate as a result of dispossession, fragmentation, colonisation and racism at the hands of Israel and its allies. But the ‘negotiators’ were not desperate because of this; they were desperate to come up with any scenario to ensure their continued rule over any form of state on any miniscule percentage of a torn up historic Palestine.
But the initial emotional shock is eased by the realisation that a group of men who have made a career out of Palestinian misery, can never shake the worldwide conviction in the just underpinnings of the Palestinian cause.
More concretely, one is further consoled by the knowledge that any steps that could have been taken by the ‘negotiators’ would never exhaust Palestinian rights in international law. Nothing can trump any rights embedded in international law, including the rights of Palestinian refugees and the Palestinian right to all occupied land including Occupied East Jerusalem.
It is time for Palestinians and their supporters to seize this opportunity to fight for their international legal rights by using the law in a way the PA never did. A sustained and supported effort to bring the Palestinian cause in front of national and international courts will challenge the mainstream impression that Palestinians are willing to concede their rights in any way.
The ‘negotiators’ will now have to fear not only the people they purportedly represent, but also the international solidarity movement. Indeed this moment is a kick start that was so urgently needed to get our house in order. Let us not waste this opportunity.
But the ‘negotiators’ should not worry about their career path because they have proved to be solid and resilient ‘negotiators’ – but tragically, it was for the wrong side – the Israelis would be wise to snap them up.
*Mary Nazzal-Batayneh is a barrister and the Chair of the Palestine Legal Aid Fund.
