Dogan Akman came to Canada from Turkey in 1957, completed several degrees including one in law, taught sociology-criminology and social welfare policy in university, and workedas a Crown prosecutor,then switched to civil litigation, and specialising in aboriginal law within the Federal Department of Justice.
July 10, 2020
The Right Honourable Prime Minister Justin Trudeau
Office of the Prime Minister and Privy Council,
80 Wellington St, Ottawa, ON K1P 5K9
Re: Concerning the matter of Israel’s proposed extension of its territorial sovereignty and securing a peace treaty
Dear Prime Minister Trudeau,
The reason for this letter is to urge you to put forth Canada as the leading honest broker in removing the current obstacles to a viable peace treaty between the Palestinian Authority and Israel.
In response to Israel’s recent statement of intention to extend its sovereignty over the Jordan Valley and parts of Judea and Samaria (aka West Bank) in accordance with international law you received a number of written and verbal submissions as to the approach Canada ought to adopt in response to Israel’s proposed course of action.
To the best of my knowledge, save for the submission of CAEF, you have been advised that first, Israel’s plan is contrary to international law; and, second, in the event Israel proceeds with its intention, in part or in whole, Canada should adopt economic and/or diplomatic punitive measures against Israel.
With respect to the first point, I have no doubt whatsoever that a careful historical and contemporary analysis of the facts and the international law in effect between 1918 and 1948 and post-1948, the foregoing legal position is devoid of merit. I trust that your legal advisors in the Department of Justice and your Minister of Foreign Affairs will advise you to this effect. Further, should you so request, I shall be pleased to submit to you my analysis of the material facts and law on which my submission is grounded.
With respect to the second point, I have no doubt that the threat of such punitive measures will not deter Israel from proceeding with whatever final decision she will make. At all events, the parties and persons who ask you to proceed with penalties are undoubtedly not aware of the adverse impact such a measure may well have on Canada in the light of the Canada-Israel Free Trade Agreement.
This brings me to Canada's foreign policy concerning the Israel-Palestine conflict, which demands a negotiated two-state solution as the best and only possible solution in securing a durable peace.
Clearly, based on the history of the conflict, first between Israel and the Arab States starting with Israel’s War of Independence that required Israel to defend herself against five invading Arab armies that sought to destroy her in 1948-1949, with a number of them seeking to do so again in 1967 and then again in 1973, Israel did not have a peace partner until 1977 when she signed a peace treaty with Egypt.
In 1993, after nearly a half-century of Arab hostility against Israel (save for Egypt after 1977), the late Prime Minister Rabin and his government decided to take a leap of faith on the possibility of working progressively towards a two-state solution and initiated the process that led to the 1993-1995 Oslo Accords with the PLO, which in turn established the Palestinian Authority. Given the spirit and intent of this initiative, Jordan followed Egypt’s example and made peace with Israel in 1994.
Prime Minister, based on incontrovertible evidence, I think you will agree with me that the Oslo Accords turned out to be a major and bloody disappointment for Israel as the Palestinian Authority engaged in intifadas, and continued to terrorise, injure and kill a substantial number of innocent Israeli civilians and tourists whenever and wherever they had, have or could create the opportunity to do so.
Further, since the end of the Israeli War of Independence in 1949 and since the signing of the Oslo Accords, the UNSC (save for Resolution 242), has not done much to help establish and promote the conditions precedent to bring the Arab countries, and later the Palestinian Authority, to the negotiating table and to negotiate peace in good faith.
Since the War of 1967, the western world countries, save for the few principled ones among them (“Europe”), and the European Union through its successive Chief of Foreign Affairs (“the European Union”)focused on badgering Israel about the so-called “occupation” and alleged breaches of the civil and human rights of the Palestinians. Meanwhile, they have collectively shut their eyes to the criminal mischief committed by the Palestinian Authority against Israel and the Israelis.
And, if this was not bad enough, these same countries provided the Palestinian Authority with generous financial assistance which enabled it, to this day, to perpetrate its many wrongdoings against Israel.
To put it bluntly, in the wake of the War of 1967 and especially since the signing of the Oslo Accords, Europe and the European Union by omission or commission have, in effect, aided and abetted the Palestinian Authority in its evil schemes by defeating every Israeli (or, for that matter, American) peace initiative while continually badgering Israel for her imaginary legal wrongdoings and demanding that she remove herself from the lands she has been maliciously accused of “occupying” unlawfully.
In conclusion, from 1967 onwards, Europe and the European Union have consistently and hypocritically defeated the prospect of solving the conflict through a two-state solution, which they keep claiming to be the only realistic solution. In a real sense, these European countries, , the U.N. and the UNSC have been, and continue to be, largely responsible for the current state of affairs and the lack of a peace treaty.
Today, faced with the prospect to the proposed annexation, the Palestinian Authority suddenly professes to be interested in entering into negotiations with Israel. At the same time, however, it has formed an alliance with terrorist organisation Hamas whose sole objective is to destroy Israel and has been terrorizing the southern residents of Israel while destroying the environment. of southern Israel
Prime Minister, as you are undoubtedly aware, the Palestinian Authority’s long established pattern of driving negotiations to dead-ends and ignoring genuine and generous Israeli peace offers, suggest that the likelihood of the present offer to enter into negotiations leading anywhere near a peace treaty are virtually nil.
In the circumstances, I verily believe that the present situation affords Canada a genuine opportunity to become a proactive honest broker by calling the Palestinian Authority to task and giving it a reality check on what it must do in order to become a credible partner to a viable peace accord.
In this regard, Canada can and must also take the lead role in calling the European Union and most of its member countries to task. Canada must give them a reality check on what they must do in order to induce the Palestinian Authority to finally face the facts and seriously engage in the two-state solution peace process for which they have been advocating so fervently.
In order to have a credible peace process, the Palestinian Authority must be required to attend to and complete the following tasks prior to entering into peace negotiations with Israel:
Repudiate the legitimacy of all the terrorist groups in Gaza and in the Palestinian Authority and state clearly its binding disassociation with these groups.
a. The current Palestinian government is not a democratically or otherwise elected one. As such any peace treaty it may sign can be subsequently challenged on this ground. Accordingly, hold internationally supervised free elections at all existing levels of government by or before the end of 2021. During this period, the inhabitants of the P.A. within the currently existing post-1967 boundaries and Gaza must be afforded the full rights and freedoms to engage in the process of electioneering, including the freedoms of speech, opinion, belief and assembly, including the right to criticize and demonstrate against the current government. Members of the terrorist Hamas movement and of the other terrorist groups in Gaza whose sole ultimate aim is to destroy the State of Israel, and in the meantime to terrorize it, must be disqualified for standing for office.
b. Publicly admit the Palestinian Authority’s failure to honour the late President Arafat’s written admissions, undertakings and assurances to the late Prime Minister Rabin in a letter dat