through the implementation of their right to return to their homes in Palestine. within the territory of the State of Israel A just solution to the conflict or. in their view a just peace therefore depends on Israeli acquiescence to these. demands Said 1994 1995a 1995b 2006 Karmi 1996 Peled Rouhana 2004. Rouhana 2006, Israel for its part refused to accept these Palestinian demands as preconditions. for resolution of the conflict and to date has continued to refuse to do so Its. argument is that the Palestinians and Arab countries bear the responsibility for the. outcomes of the 1947 1949 war and the Palestinian refugee problem Israel argues. that the Arabs refusal to recognize the November 1947 Partition Plan and their. initiation of a war intended to prevent by force the establishment of the State of. Israel are what led to the historic injustice perpetuated against the Palestinians. Moreover the Palestinians are aware that their demand for implementation of the. right of return means the end of Israel as a Jewish state and their insistence on. this right is therefore a barrier to the resolution of the conflict. The conflicting historical narratives of the two sides regarding the question. of responsibility for the injustice and for its remedy turn the Israeli Palestinian. conflict into a classic case linking the issue of justice with peace Given that. the two sides often define the conflict in terms of injustice and unfairness these. issues have particular relevance for the peace process and it is precisely this that. makes dealing with them as barriers to resolution of the conflict so problematic. This chapter holds that the Palestinian demand for a just peace or for the. inclusion of the issue of justice as a precondition for resolution of the conflict has. the potential to harm the prospects of resolving the conflict and is therefore a severe. barrier to its resolution The link between justice and peace is an important issue. requiring both sides attention but given the wide and currently unbridgeable. gap separating the two sides on this issue it should be postponed to the phase of. reconciliation rather than being included in the process of conflict resolution. The argument offered here will be examined in the following way first. a theoretical discussion will be presented on the concept of justice the link. between justice and peace as a necessary condition or as a possible barrier to. achievement of peace and the link between historical narratives on the one. hand and peace and justice on the other hand Then an empirical discussion. will be presented focusing on examination of the narratives of the two parties to. the conflict and on the Palestinian demand for a just peace in all its aspects as. expressed by Palestinian intellectuals and in the peace process since its beginnings. in Oslo 1993 and until Taba 2001 as well as in the second track of talks the. Ayalon Nusseibeh Initiative and the Geneva Initiative. The Concept of Justice, Justice is the quality of being just the quality of being correct or right. righteousness equitableness or moral rightness upholding the justice of a. cause the moral principle determining just conduct fair representation of facts. vindictive retribution Webster s Encyclopedic Unabridged Dictionary of the. English Language 1994 776 993 conformity rectifying the wrong restitution. and fairness Lederach 1997 28, Truth and justice are among the more positive attributes of human activity. and the natural characteristics of human interaction Rawls 1971 Justice is not. necessarily a universal objective or consensual concept but is rather subjective. and perceptual a relative matter and a matter of judgment and a controversial. concept not subject to a singular agreed upon definition. Despite the differences in the perceptions of justice among various societies. and cultures including even conflicting views there is a common perception. of justice as a source of harmony and cooperation among individuals groups. societies and states In the absence of agreement or common understanding. regarding a definition of justice or its implementation however parties will have. difficulty cooperating and might even find themselves in conflict over this issue. Rawls 1999 5 6 John Rawls argues that in the absence of the possibility of. basing principles of justice on real agreement the parties must try to achieve. what he terms overlapping consensus in order to formulate a strictly political. perspective that would express an idea that every reasonable comprehensive. doctrine can accommodate in its own terms based on the understanding that this. is essential for purposes of coexistence Attas Heyd 9. Justice is also linked to the distribution of goods the manner of their. distribution and the procedure involved The link between the manner of. distribution and the procedure is what connects justice and fairness Principles. of justice are linked to the outcome of a procedure based on equitable agreement. between the parties Notions of justice are influenced by the attitudes of the. parties to a certain situation and context as well as by their expectations Rawls. 1971 Deutsch 2000, The discussion of justice includes attention to basic needs and fundamental. rights of individuals and groups in society The concept of basic rights is a. matter of controversy especially when it is defined in terms of unique interests. and translated into rights that pose demands of others Solomon 188 191. Justice is often expressed through negative emotions such as rage oppression. and revenge emotions characteristic of individuals groups and societies that. feel their basic rights and needs have been denied They tend to think of justice in. terms of placing responsibility on others who are responsible for their situation. and they do not tend to take this responsibility upon themselves They tend to see. themselves as real victims of injustice and they demand its immediate remedy. The demand for justice includes recognition and acknowledgement by the other. side of its responsibility for the unjust act that denied their fundamental rights. and basic needs as well as a demand for a thorough remedy of the situation. From the moment that these demands are framed as fundamental rights and basic. needs they tend to persist harden and become a non discussable issue When. both sides present conflicting and irreconcilable demands for justice and remedy. they are likely to find themselves in a state of permanent conflict unless they are. wise enough to negotiate an agreeable compromise Solomon 181 183 Deutsch. 2000 41 46 52 55, The Relationship Between Justice and Peace. Justice and peace have been intertwined since early days In the Book of Psalms. it is written that Mercy and truth are met together justice and peace have kissed. Truth will spring out of the Earth and justice will look down from Heaven 43. Justice is thus reciprocally linked with peace as well as with truth and mercy. Their combination is a necessary condition not only for achieving peace but also. for its existence and preservation 44 Justice and peace are also intertwined in. Article 2 of Chapter 1 of the United Nations Charter where they are however. also tied to the issue of security All Members of the United Nations shall settle. Psalms 85 11, Lederach holds that these concepts are a precondition for reconciliation. their international dispute by peaceful means in such a manner that international. peace and security and justice are not endangered, The relationship between justice and peace is seemingly natural and obvious. It is a normative and moral relationship Peace must be just Justice is at the basis. of peace Peace without justice is not peace Without justice peace cannot exist. and is likely to collapse after being achieved A peace that is perceived as just. by only one side will not last and therefore the relationship between justice and. peace must be acceptable to both sides Similarly injustice is also perceived as a. source of conflict and of its continuation, Issues of justice and fairness are intertwined with peace processes and in. recent years have been the focus of theoretical and practical work on peaceful. conflict resolution We can identify two approaches to this issue the first approach. requires a close tie between justice and peace because peace that does not strive. for justice is not a true peace and as such cannot be achieved or actualized the. second approach although not denying this link in principle denies complete. interdependence between justice and peace and sees such interdependence as a. barrier to the resolution of conflicts, The first approach requiring a link between justice and peace has two principal. sub approaches The first not only requires a link between justice and peace but. also sees their combination as a necessary condition for dealing with the injustice. or historic wrong that one of the parties to the conflict has perpetuated against the. other or even an injustice that both sides have inflicted upon each other This. sub approach holds that it is not possible to advance a peace process to achieve. a peace agreement to stabilize peaceful relations or to ensure reconciliation. without addressing the wrongs and injustice inflicted on one or both of the parties. to the conflict The demand for justice usually includes three different elements. and types of justice The first of these is admission recognition and acceptance. of responsibility by the side that perpetuated the injustice as well as punishment. of this party The second is an apology and a request for forgiveness transitional. restorative and retributive justice The third element is actual compensation. for the victim compensatory justice These conditions for ensuring justice are. usually indicated by reconciliation which is perceived as an advanced stage of the. process of building or establishing peace and not necessarily a stage of conflict. resolution Deutsch 2000 42 49 Bar Siman Tov 2004 There are however. conflicts in which these conditions or demands are already raised at the conflict. resolution stage The Palestinians for example raise this demand as a condition. for resolving the conflict see below, The second sub approach requires a relationship between justice and fairness. on the one hand and peace on the other but it does not necessarily regard justice. as a means of dealing with wrongs or with injustice in the relations between the. parties rather it holds that the peace process and peace agreement must be based. on principles of justice fairness and equality which in turn are based on the free. and genuine will of the parties to draft a peace without coercion or constraint and. with a guarantee of procedural and distributive justice Albin Deutsch 2000. 41 44 These requirements are especially necessary when there are clear power. asymmetries between the parties to the conflict because the latter by definition. do not allow for justice and fairness in peace processes Power discrepancies. tend to ensure clear advantages to the stronger side at the expense of the weaker. side The stronger party usually tends to take advantage of its power in order to. maximize its gains during negotiations at the expense of the weaker side while. the weaker side is compelled to make greater concessions In the absence of. clear criteria for justice and fairness the key principle that translates these values. into a pragmatic rule is full equality between the parties even in cases of power. relation asymmetries in the conduct of negotiations procedural justice such as. for example through agenda setting and determination of issues for discussion. rank of participants equality of concessions and outcomes and benefit and cost. of the agreement distributive justice Like the first sub approach this sub. approach also holds that not abiding by principles of justice and fairness could in. fact sabotage the process and the peace agreement or undermine its formulation. and continuation although the weaker side does have a right of veto which can. prevent the initiation or conclusion of a peace process if it perceives these as. unjust Albin, In accordance with these two sub approaches which require a link between. justice and peace the link itself is not necessarily limited only to the principles. of transitional restorative retributive compensatory procedural or distributive. justice The link is in essence a matter of principle and values entailing basic. needs as well as rights This relationship is perceived as a sacred and protected. value that is not subject to negotiation or bargaining It also serves as the only. criterion for judging the quality of the peace process and peace agreement and for. their justification The importance of this relationship increases when it becomes. an organic part of the collective historical memory of the parties to the conflict. Why Justice Should Not Be Linked to Peace, The second approach is also composed of two sub approaches One of them. the realistic rational approach denies a link between justice and peace while the. second which may be termed the liberal approach recognizes the importance of. the relationship between justice and peace but objects to peace being defined in. terms of justice and to use of the concept of a just peace. The realistic rational sub approach is based on the assumption that the.
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