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الموقع تحت الإنشاء

النسخة التجريبية من موقع النهضة العربية (أرض)

Omoush on the Peace Treaty: Interests and Political Considerations Override Legal Analysis


The Jordanian-Israeli peace treaty continues to stir controversy between those who categorically reject it and those who support it out of the belief that it has achieved gains in the form of restoring Jordan’s usurped land and water rights.

Following this context, and in a reading and analysis of the legal dimension of the treaty, presented by legal expert and former Minister of Justice, Dr. Ibrahim Omoush, he said that “the treaty carries political dimensions that have been legally covered, which is normal in this type of treaty, with the aim to preserve Jordan’s interests and stability, in order to prevent change and manipulation, especially in light of the various and constant alarming international, regional, and domestic circumstances.”

During the panel discussion held by the Arab Renaissance for Democracy and Development (ARDD), within the framework of the Palestinian Cause program, entitled: “The Peace Treaty Under Scrutiny: A Legal Reading”, on Tuesday, January 16, 2024, as part of the second series of seminars to follow up on, record, and document the developments of the war in Palestine, Omoush said that Jordan has multiple interests in this agreement  which it has tried to achieve and preserve through this treaty and over the years.

The former Minister pointed out that the treaty between the two sides cannot be read outside its historical and political context, indicating that Jordan’s biggest accomplishment through this treaty was the demarcation of borders to preserve the largest amount of national wealth, prevent displacement and population movement, obtain our share of water and custodianship over Jerusalem, all the way to the issue of returning the lands of Baqura.

“What if Jordan decides to cancel the treaty?” Omoush asked. “Israel has a lot to gain from getting rid of the treaty and disavowing it; because it has become binding by international law, especially in the issue of displacement, while giving Jordan a legal and legitimate force on the international level to speak up about the Palestinian cause and defend it before the countries of the world, as well as obliging the other side to commit to many issues,” he said.

Omoush also believed that canceling the treaty would allow Israel to expand legally, stressing that that the treaty enabled Jordan to serve the Palestinian Cause and served several Jordanian interests, most notably the disclosure of the real eastern border with Israel, the provision of about 50 million cubic meters of potable water to Jordan, and the return of the lands of Baqura to Jordanian sovereignty, after they were leased to the Israeli side for a period of 25 years in 1994.

In response to the comments made by the participants in the meeting, lawyer Omoush stressed that Israel has violated the provisions of the treaty and restricted Jordan whenever given the opportunity, most significantly the violation of the article that deals with the Hashemite Custodianship of Islamic and Christian holy sites, and the assassination of Judge Raed Zuaiter, among others.

Furthermore, Omoush pointed out that Jordan had certain consideration in addressing those violations, either by activating the provisions of the treaty itself, requesting consultations, or even resorting to negotiations. Should these procedures fail, Jordan retains the right to resort to conciliation or arbitration, as stated in article 29 of the Treaty.

Meanwhile, the opinions of the participants in the meeting varied between rejecting and supporting the treaty, stressing that even if there were Jordanian interests behind it, the media message was not sufficient to convince people of that, which requires that the official internal and external discourse be clear on national issues, with the need to bridge the gap of discourses between the executive and legislative authorities, in order to form a unified Jordanian national mindset in the ongoing confrontation with the other side, in addition to the fact that the Jordanian street has become indifferent to the interests that  -in their opinion- pale in comparison to the sacrifices of the Palestinian people and the constant threat to Jordan’s safety and stability.

The participants saw that the occupation benefited from peace treaties with Arab countries to achieve its aspirations in our lands, and that it is important to use these treaties, if they must exist, to deter the occupation. They also valued the engagement of experts and former officials in the conversation with civil society institutions and youth on these crucial issues and clarifying them, “as it is necessary to open up and seek community solidarity,” according to the participants.