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Democracy Now! has posted the complete transcript and audio [42MB MP3 file] of a recent debate between Norman Finkelstein, author of Beyond Chutzpah: On the Misuse of Anti-Semitism and the Abuse of History, and Shlomo Ben-Ami, former Israeli Foreign Minister and author of Scars of War, Wounds of Peace: The Israeli-Arab Tragedy.

This little trialogue makes it rather clear that there isn't much dispute over the historical facts of what has happened since 1948 in the Israeli-Palestinian conflict, nor is there much doubt about who has international law on their side—and just in case anyone is wondering...it ain't the Israelis. All of this will probably come as quite a surprise to some people, so please make efforts to circulate this debate as much as possible—remembering to make it clear that this debate isn't just between a couple of Israeli bashers, but involves a Jewish American scholar whose parents were concentration camp survivors and a former Israeli Foreign Minister.

Below, I've posted some key excerpts from the debate (which includes adding some emphasis to some statements), but please take the time to read the complete transcript or listen to the audio. We all need to make efforts so that more people become aware of such balanced and frank discussions of the facts surrounding this conflict.

Here are the excerpts:
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NORMAN FINKELSTEIN: Well, I agree with the statement that there is very little dispute nowadays amongst serious historians and rational people about the facts. There is pretty much a consensus on what happened during what you can call the foundational period, from the first Zionist settlements at the end of the 19th century 'til 1948. There, there is pretty much of a consensus. And I think Mr. Ben-Ami, in his first 50 pages, accurately renders what that consensus is.

I would just add a couple of points he makes, but just to round out the picture. He starts out by saying that the central Zionist dilemma was they wanted to create a predominantly Jewish state in an area which was overwhelmingly not Jewish, and he cites the figure, I think 1906 there were 700,000 Arabs, 55,000 Jews, and even of those 55,000 Jews, only a handful were Zionists. So that's the dilemma. How do you create a Jewish state in area which is overwhelmingly not Jewish?

«««snip»»»

NORMAN FINKELSTEIN: Briefly, because we don't have time, there were four key issues at Camp David and at Taba. Number one, settlements. Number two, borders. Number three, Jerusalem. Number four, refugees. Let's start with settlements. Under international law, there is no dispute, no controversy. Under Article 49 of the Fourth Geneva Convention, it's illegal for any occupying country to transfer its population to Occupied Territories. All of the settlements, all of the settlements are illegal under international law. No dispute. The World Court in July 2004 ruled that all the settlements are illegal. The Palestinians were willing to concede 50% — 50% of the Israeli settlements in the West Bank. That was a monumental concession, going well beyond anything that was demanded of them under international law.

Borders. The principle is clear. I don't want to get into it now, because I was very glad to see that Dr. Ben-Ami quoted it three times in his book. It is inadmissible to acquire territory by war. Under international law, Israel had to withdraw from all of the West Bank and all of Gaza. As the World Court put it in July 2004, those are, quote, "occupied Palestinian territories." Now, however you want to argue over percentages, there is no question, and I know Dr. Ben-Ami won't dispute it, the Palestinians were willing to make concessions on the borders. What percentage? There's differences. But there is no question they were willing to make concessions.

Jerusalem. Jerusalem is an interesting case, because if you read Dr. Ben-Ami or the standard mainstream accounts in the United States, everyone talks about the huge concessions that Barak was willing to make on Jerusalem. But under international law Israel has not one atom of sovereignty over any of Jerusalem. Read the World Court decision. The World Court decision said Jerusalem is occupied Palestinian territory. Now, the Palestinians were willing, the exact lines I'm not going to get into now — they are complicated, but I'm sure Dr. Ben-Ami will not dispute they were willing to divide Jerusalem roughly in half, the Jewish side to Israel, the Arab side to the Palestinians.

And number four, refugees. On the question of refugees, it's not a dispute under international law. Remarkably, even fairly conservative human rights organizations like Amnesty International, Human Rights Watch, in 2000, during the Camp David talks, they issued statements on the question of the right of return. And they stated categorically, under international law every Palestinian, roughly five to six million, has the right to return, not to some little parcels, 1% of Israel, which Israel is about — which Israel would swap, return to their homes or the environs of their homes in Israel. That's the law. Now, Dr. Ben-Ami will surely agree that the Palestinians were not demanding and never demanded the full return of six million refugees. He gives a figure of 4-800,000. In fact — I'm not going to get into the numbers, because it's very hard to pin it down — other authors have given figures of the tens of thousands to 200,000 refugees returning. That's well short of six million.

On every single issue, all the concessions came from the Palestinians. The problem is, everyone, including Dr. Ben-Ami in his book — he begins with what Israel wants and how much of its wants it's willing to give up. But that's not the relevant framework. The only relevant framework is under international law what you are entitled to, and when you use that framework it's a very, very different picture.

AMY GOODMAN: If you can bear to make this response brief, Dr. Shlomo Ben-Ami.

SHLOMO BEN-AMI: Yes, yes. Okay, the last third part of the book, as Dr. Finkelstein says, there is the diplomat, and this same diplomat still behaves in a way as a historian when he says in this book that Camp David was not the missed opportunity for the Palestinians, and if I were a Palestinian I would have rejected Camp David, as well. This is something I put in the book. But Taba is the problem. The Clinton parameters are the problem, because the Clinton parameters, in my view —

«««snip»»»

SHLOMO BEN-AMI: Well, let me tell you what is my description of terrorism. Terrorism, in my view, is an indiscriminate attack against civilian population. If I, personally, or my son, God forbid, is being attacked, being in uniform in Palestinian territories, by a Hamas call, I would not define this as terrorism. I will define as terrorism if they go into a kindergarten or a mall, explode themselves and cause injuries and death among civilian population. This to me is —

[cont . . .]